UAE Civil Transactions Law

Article 482

Book Two: Nominate Contracts · Section One: Contracts of Transfer of Ownership · Chapter One: Contract of Sale · Part Two: Effects of Sale · 2. Delivery of the Subject Matter of the Sale

1. If the subject matter of the sale perishes in the purchaser's possession after delivery, the purchaser shall be obliged to pay the agreed price to the seller. 2. If the subject matter of the sale perishes before delivery due to a cause not attributable to the seller, the sale shall be rescinded, and the purchaser shall recover the price, unless the perishing occurs after the seller has notified the purchaser to take delivery of the subject matter of the sale. 3. If part of the subject matter of the sale perishes before delivery, the purchaser shall have the option to either rescind the sale or take the remaining part in proportion to their share of the price. In this case, the contract may also be upheld in respect to the entire subject matter of the sale at the named price, with recourse against the person who caused the loss of the value of what perished. 4. If the subject matter of the sale perishes before delivery, or part thereof is damaged, due to an act of the purchaser, the purchaser shall be deemed to have taken possession of the subject matter of the sale and shall be obliged to pay the price. 5. If the subject matter of the sale perishes or part thereof is damaged due to an act of the purchaser, and the seller has a right of withdrawal and elects rescission, the purchaser shall indemnify the seller by delivering a similar item or its value, and shall acquire ownership of what remains thereof.

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