Abstract

LARRANAGA, Luis et al. Purchase agreement: the legal obligation to transfer ownership. A due update. Rev. Derecho [online]. 2024, n.29, e3835.  Epub June 01, 2024. ISSN 1510-3714.  https://doi.org/10.22235/rd29.3835.

In the context of a purchase and sale contract, specifically concerning the seller's obligations, the phrase "to give a thing" (Article 1661 of the Civil Code of Uruguay) could imply either the obligation to deliver possession of a good or the obligation to transfer ownership. This has been a subject of debate in doctrinal discussions. Although traditional jurisprudence and doctrine have limited the seller's obligation to delivering possession of the good, a conceptual and contextual review-linked with other named contracts in the same Civil Code and with similar legal transactions created by later special laws, combined with the application of logical-systematic, teleological, and evolutionary interpretation rules-determines that the seller is not only obligated to deliver possession of the good being sold but also to transfer ownership

Keywords : purchase and sale agreement; seller’s obligations; possession; ownership; systematic interpretation; evolutionary interpretation.

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