Cap. 16 Art. 1376Respective rights where buyer or seller knew that thing had perished.

(1) If the seller knew that the thing had perished, but this was not known to the buyer, the latter may maintain an action for damages.

(2) If, on the contrary, the seller did not know that the thing had perished but this was known to the buyer, the latter shall not be bound to pay the price but shall be liable for damages. If the price has been paid, the buyer shall not be entitled to claim the refund thereof.