Who Bears the Risk if Property Is Lost Before Delivery?
Quick answer: The answer depends on what was sold, whether the sale was already perfected, whether the property was determinate or fungible, whether delivery had occurred, and whether either party was in delay. Article 1480 connects risk before delivery to the Civil Code rules on preservation, loss of determinate things, and delay.
Article 1480 governs risk after perfection but before delivery
For a perfected sale, injury to or benefit from the thing sold before delivery is governed by Articles 1163 to 1165 and 1262, subject to the special rules in Article 1480.
Determinate vs fungible goods matters
For fungible goods sold by weight, number, or measure, risk generally does not pass to the buyer until the goods have been weighed, counted, or measured and delivered, unless the buyer is in delay.
Delay can change the result
If either party is already in legal delay, ordinary risk rules may shift. See when legal delay begins.
What if performance becomes impossible?
If the thing is lost or delivery becomes impossible, the remedy question is separate from the risk-allocation question. See what happens to contract remedies when performance becomes impossible.
Evidence to preserve
- Contract and description of the thing sold
- Date of perfection and delivery terms
- Proof of loss or damage
- Insurance and risk-allocation clauses
- Demand or default records
For delivery, impossibility, buyer remedies, and other sales-law questions, use the Sales and Buyer–Seller Remedies hub.