Article 459. Transfer of risk of accidental loss of goods.
1. Unless otherwise provided by the contract of sale, the risk of accidental loss or accidental damage to the goods passes to the buyer from the moment when, in accordance with the law or the contract, the seller is considered to have fulfilled his obligation to transfer the goods to the buyer. 2. The risk of accidental loss or accidental damage to the goods sold while in transit enters the buyer from the time a sales contract is entered into, unless otherwise provided by such contract or business practices. The condition of the contract that the risk of accidental loss of or accidental damage to the goods passes to the buyer from the moment the goods are handed over to the first carrier can be declared invalid by the court if the seller knew or should have known that the goods were lost or damaged at the time of the conclusion of the contract. and did not inform the buyer.
References to other articles of chapter 30. Purchase and sale: