Professional Documents
Culture Documents
Reviewer in Sales Art 1525-1581
Reviewer in Sales Art 1525-1581
Art. 1533
Art. 1526.
Art. 1534
Art. 1527
Art. 1535
Art. 1528
Art. 1536
Art. 1529
Art. 1537
Art. 1530
Art. 1538
Art. 1531
Art 1539. Sale of Real Estate by unit Chapter III: Conditions and Warranties
A. There is deficiency:
1. If the deficiency is less than 1/10th : Art 1545.
GR: Proportional reduction of the price
EXN: If the buyer would have not purchase the lot if he have known that Condition – future and uncertain event which may or may not happen
it is smaller in area
2. If the deficiency is more than 1/10th : Rescission
Rescission of the contract Art. 1546.
B. Immovable
1. 1st Registrant in GF – actual registration Art 1548. Warranty against eviction
2. 1st Possessor in GF – actual or constructive Eviction – takes place when by final judgment based on a right prior to sale or
3. Oldest title by act imputable to the vendor, the vendee is deprived of the whole or part of the
Reason: No person can sell what he does not own. thing purchased.
Note: Applies also to double donation but does not apply when the property is 1st
donated then sold.
Art 1549. Vendee need not appeal B. w/o stipulation exempting the vendor or no stipulation was agreed upon:
1. Good Faith – VICE
c. Value of the thing at the time of eviction
Art. 1550. Adverse possession d. Income/ fruits
e. Costs of suit
Art. 1551. Non-payment of taxes – not made known to the vendee f. Expenses of the contract
Art. 1563. Sale under Patent/ Trade name – no waranty b. The seller is not aware of the defect:
1. Return the price paid less value of the thing at the time of lost;
Art. 1564. Usage of Trade – the implied warranty as to the quality or fitness may
be inferred from the usage of trade.
Art. 1570. Applicability to judicial sales
Art. 1565. Sale by Sample – Implied warranty of merchantability
Art. 1571. Prescriptive period= 6 months from the delivery of the thing sold Art. 1579. Sale of animal is rescinded
The buyer must sue the seller, not only notify him.
Art. 1572. Sale of 2 or more animals together Art. 1580. Remedies of buyer w/ reedhibitory defects:
GR: The defect of one shall give rise only to redhibition. The buyer has the 1. Accion redhibitoria - w/drawal or rescission
following remedies: 2. Accion Quanti Minoris – proportional reduction
1. Accion redhibitoria
2. Accion Quanti Minoris
Art. 1581. Sale of large cattle
EXN: If the buyer would have not bought the animals if he have known the
defect, the defect of one will give rise to redhibition of ALL.
Art. 1577. The redhibitory action based on fraud or defect of the animals must
be filed w/in 40 days from delivery to the buyer.
Art. 1578. The seller is liable for the death of the animal if:
1. The disease existed at the time of sale;
2. The disease is the cause of death
3. The animal died w/in 3days from purchase