Libro Quinto Título V. De la permuta

Exchange is a contract by which each of the contracting parties transfers ownership of a thing in exchange for ownership of another. Each exchanger is seller of the thing he gives and buyer of the thing he receives in exchange; and each of the things is the price of the other. This contract is governed by the same principles of the sales contract, insofar as they are applicable.

If the thing delivered is to be paid partly in money and partly in other property, the contract shall be one of exchange whenever the portion stipulated in money does not reach half of the price.

The exchanger who suffers eviction of the thing he received, or who returns it by reason of its defects, may claim at his election restitution of the thing he gave, if it is still in the possession of the other exchanger, or the value of the thing given to him in exchange, with payment of damages.