OUTLINE NO.

4 thereof;
Unpaid Seller - Articles 1525-1535 (2) When the buyer or his agent lawfully obtains possession
Art. 1525. The seller of goods is deemed to be an unpaid of the goods;
seller within the meaning of this Title: (3) By waiver thereof.
(1) When the whole of the price has not been paid or The unpaid seller of goods, having a lien thereon, does not
tendered; lose his lien by reason only that he has obtained judgment or
(2) When a bill of exchange or other negotiable instrument decree for the price of the goods.
has been received as conditional payment, and the condition
on which it was received has been broken by reason of the
dishonor of the instrument, the insolvency of the buyer, or
otherwise.
In Articles 1525 to 1535 the term "seller" includes an agent of Remedies
the seller to whom the bill of lading has been indorsed, or a a. Art-1484-1488
consignor or agent who has himself paid, or is directly b. Recto Law
responsible for the price, or any other person who is in the Macondray & Co. vs Eustaquio
position of a seller. (n) Levy Hermanos vs Gervacio
Art. 1526. Subject to the provisions of this Title, Southern Motors vs Moscoso
notwithstanding that the ownership in the goods may have Ridad vs Filipinas Investment
passed to the buyer, the unpaid seller of goods, as such, has: Radiowealth Inc v Lavin
(1) A lien on the goods or right to retain them for the price Tajanlangit v Southern Motors
while he is in possession of them; Nonato vs IAC
(2) In case of the insolvency of the buyer, a right of stopping Zayas v Luneta Motor
the goods in transitu after he has parted with the possession c. Maceda Law RA 6552
of them; Leano v CA
(3) A right of resale as limited by this Title; Olympia Housing v Panasiatic Corp
(4) A right to rescind the sale as likewise limited by this Title. Luzon Brokerage v Maritime Bldg
Where the ownership in the goods has not passed to the Fabrigas v San Francisco Del Monte
buyer, the unpaid seller has, in addition to his other remedies Layug v IAC
a right of withholding delivery similar to and coextensive Active Realty vs Daroya
with his rights of lien and stoppage in transitu where the
ownership has passed to the buyer. Warranties of the Seller
Art. 1527. Subject to the provisions of this Title, the unpaid a. Art 1545-1581
seller of goods who is in possession of them is entitled to b. Lemon Law
retain possession of them until payment or tender of the
price in the following cases, namely: Lim v CA and Luna
(1) Where the goods have been sold without any stipulation PCIB & Industrial Corp v CA
as to credit; Nutrimix Feeds Corp v CA
(2) Where the goods have been sold on credit, but the term
of credit has expired; Obligations of the Vendee - Arts 1582=1593
(3) Where the buyer becomes insolvent. Actions for Breach of Contract of Sale of Goods - Arts 1594-
The seller may exercise his right of lien notwithstanding that 1599
he is in possession of the goods as agent or bailee for the Extinguishment of Sale
buyer. a. Conventional Redemption
Art. 1528. Where an unpaid seller has made part delivery of b. Legal Redemption
the goods, he may exercise his right of lien on the remainder, San Pedro v Lee
unless such part delivery has been made under such
circumstances as to show an intent to waive the lien or right Assignment of Credit - cases to follow
of retention. Lease
Art. 1529. The unpaid seller of goods loses his lien thereon: Documents of Title
(1) When he delivers the goods to a carrier or other bailee for
the purpose of transmission to the buyer without reserving
the ownership in the goods or the right to the possession