The risk of a subject matter of the sale returned for a defect shall pass from the purchaser to the seller upon the seller’s consent to take it back from the purchaser, even if actual delivery has not taken place, or upon the establishment before the court of the defect warranting return, even if no judgment ordering the return has been rendered, provided that the seller is present. If the seller is absent, the risk shall not pass thereto except upon the issuance of a judgment ordering the return of the subject matter of the sale.
Interpretation and application must be checked against the official text and current version.