BARTER OR EXCHANGE

TITLE VII

Article 1638.

CONTRACT OF BARTER OR EXCHANGE

one of the parties binds himself 2. to give one thing 3. in consideration of the other's promise to give another thing.
1.

Article 1639
If one of the contracting parties, having received the thing promised him in barter, should prove that it did not belong to the person who gave it,

he CANNOT BE COMPELLED TO DELIVER

that which he offered in exchange,

but he shall be entitled to DAMAGES. (1539a)

Article 1640.
One who loses by eviction the thing received in barter 1. may RECOVER

that which he gave in exchange

2.
3.

with a RIGHT TO DAMAGES, or he may ONLY DEMAND AN INDEMNITY FOR DAMAGES.

However, he can only make use of the right to recover the thing which he has delivered while the same remains in the possession of the other party, and without prejudice to the rights acquired in good faith in the meantime by a third person. (1540a)

Article 1641.

As to all matters not specifically provided for in this Title,

barter shall be governed by the provisions of the preceding Title relating to SALES.