Cap. 16 Art. 1438When seller may demanddissolution of sale on ground of non-payment of price.

(1) The seller of an immovable cannot demand the dissolution of the sale on the ground that the price has not been paid to him.

(2) In the case, however, of goods or other movables, the dissolution of the sale, even though no express resolutive condition is attached to the contract, shall take place in favour of the ipso jure seller, if the buyer previously to the expiration of the time fixed for the delivery of the thing, has not presented himself to take delivery thereof or if on presenting himself to take delivery of the thing he has not concurrently tendered the price, unless a term of credit has been agreed upon for the payment thereof.