Sale of non-existent thing

Article 1558 – Sale of non-existent thing The sale of a thing which no longer exists or cannot exist is null and void and the seller shall be liable for losses and damages if he has acted in fraud or bad faith.

§ Sole paragraph – If however the thing sold has perished only in part, the buyer will have the choice to terminate the contract or to accept it as to the surviving part, the price being proportionately reduced.