Book III: Different ways of acquiring property

If, on the contrary, in the case of the preceding article, a greater capacity is found than that expressed in the contract, the purchaser has the option of providing the additional price, or withdrawing from the contract, if the excess is one twentieth above the declared capacity.

In all other cases, Either the sale is made of a certain and limited body, Or it has as its object distinct and separate land, Or it begins with the measure, or with the designation of the object sold followed by the measure, The expression of this measure does not give rise to any additional price, in favour of the seller, for the excess measurement, nor in favour of the…

In the event that, in accordance with the preceding article, there is reason to increase the price due to overmeasurement, the purchaser has the option of either withdrawing from the contract or providing the additional price, and this with interest if he has kept the property.

In all cases where the purchaser has the right to withdraw from the contract, the seller is obliged to return to him, in addition to the price, if he has received it, the costs of that contract.

The seller’s action for a price supplement, and the purchaser’s action for a price reduction or termination of the contract, must be brought within one year from the date of the contract, failing which they will lapse. .

If two pieces of land have been sold by the same contract, and for one and the same price, with a designation of the measure of each, and there is less capacity in one and more in the other, compensation is made to the extent of due proportion; and the action, either in supplement or in diminution of the price, takes place only according to the rules above established.

The question of whether the loss or deterioration of the thing sold before delivery should fall on the seller or the purchaser shall be judged according to the rules prescribed under the heading “Contracts or contractual obligations in general.”