The obligations of the buyer in the contract of sale

Abstract

The outline of my thesis encompasses a flowing treatment of the obligations of the buyer arising out of the contract of sale under the Civil Code, including a comparison with those under Commercial Sale and Hire-Purchase in Chapter V and touching on points of similarity or difference both with Italian and French laws, which Maltese law on the subject follows, and with the English and American systems, First, in Chapter I, I attempt to situate the reader in the setting of this thesis, presenting the relation existing between the obligations of the buyer and the rights of the seller. Then, in Chapter II, I discuss the most important obligation of the buyer, namely that to pay the price. In Chapter III, I deal with the other important duty of the buyer, that is to receive the thing bought. After dealing with the two most important obligations of the buyer, then, in Chapter IV, I compile and discuss his other obligations, such as that to pay the expenses of and incidental to the contract of sale. In Chapter V, I treat the obligations of the buyer under Commercial Sale and Hire-Purchase pointing out the similarities and deviations with and from those arising out of the contract of sale under the Civil Code rules. Then, in Chapter VI, I discuss the actions the buyer can make in case of the seller's non-compliance with his obligations and the defences the buyer can plead against the actions of the seller. In every Chapter, where there is place for amendment, I present my opinion on the particular aspect of the subject along with specific proposals for amendment and improvement of the law. In conclusion, I present in brief all these proposals for amendment together for the sake of reference.