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Chapter 7 2 .

loss of a thing
EXTINGUISHMENT OF SALE Ex: Antique/Specific
ART. 1600. Sales are extinguished by the same causes as all other obligations, by those if Nawala or nasira yung car this loss and my obligation is deemed to
stated in the preceding articles of this Title, and by conventional or legal redemption. extinguished pero kapag naman yung Nawala is generic obligation ko na
Causes for extinguishment of sale. palitan at ideliver yung bago dun lang matatapos obligation ko
The modes or causes of extinguishing the contract of sale may be classified into:
(1) Common or those causes which are also the means of extinguishing all other 3. condonation
contracts like Bigay
payment, loss of the thing, condonation, etc;
2) Special or those causes which are recognized by the law on sales; and 2. Special causes or those which are recognized by the law on sales;
(3) Extra-special or those causes which are given special discussion by the Civil Code and a. article 1484 – right of the seller to receive a contract of sale of personal property
these are conventional redemption and legal redemption. by installment in case the buyer fails to pay 2 or more installment
SECTION 1. — Conventional Redemption b. 1542- the buyer is entitled to receive in case of sale if real estate made in lump
ART. 1601. Conventional redemption shall take place when the vendor reserves the right sum due to the failure of the seller to deliver all that is included in the boundaries
to repurchase the thing sold, with the obligation to comply with the provisions of article c. 1556
1616 and other stipulations which may have been agreed upon. d. 1560
Conventional redemption defined. e. 1567
Conventional redemption is the right which the vendor reserves to himself, to reacquire f. 1591
the property sold provided he returns to the vendee the price of the sale, the expenses
of the 3. Extra-special causes those which are given special discussion by the Civil Code and
contract, any other legitimate payments made therefor and the necessary and useful these are
expenses a. conventional redemption- Article 1601-1618
made on the thing sold, and fulfills other stipulations which may have been right of the seller to repurchase
agreed upon. b. legal redemption- 1619-1623
Subject matter of conventional redemption. the right to be substitute, upon term and conditions agreed in the contract
Both real and personal property may be the subject matter of pacto de retro sales or
sales with right to repurchase although there are certain articles which are applicable
only to (created by the agreement of parties & legal is form by operation of law)
immovables
Chapter 7
EXTINGUISHMENT OF SALE SECTION 1. — CONVENTIONAL REDEMPTION
ART. 1600. Sales are extinguished by the same causes as all other obligations, by those ART. 1601
stated in the preceding articles of this Title, and by conventional or legal redemption. Conventional redemption shall take place when the vendor reserves the right to
Causes for extinguishment of sale. repurchase the thing sold, with the obligation to comply with the provisions of article
The modes or causes of extinguishing the contract of sale may be classified into: 1616 and other stipulations which may have been agreed upon.
(1) Common or those causes which are also the means of extinguishing all other
contracts like Conventional redemption defined
payment, loss of the thing, condonation, etc; (the seller sells his property to the buyer but with a right to repurchase the property with
2) Special or those causes which are recognized by the law on sales; and the obligation to comply with the provision Art.1616 (the vendor cannot avail the right to
(3) Extra-special or those causes which are given special discussion by the Civil Code and repurchase without returning the price of sale, expenses of contract and other legitimate
these are conventional redemption and legal redemption. payments) and the seller must fulfil all other stipulation and condition under the
SECTION 1. — Conventional Redemption contract)
ART. 1601. Conventional redemption shall take place when the vendor reserves the right
to repurchase the thing sold, with the obligation to comply with the provisions of article Pacto de retro sale- a sale with right to repurchase
1616 and other stipulations which may have been agreed upon. Mere buyer has no obligation to return the thing upon repurchase by the seller
Conventional redemption defined.
Conventional redemption is the right which the vendor reserves to himself, to reacquire Subject matter of conventional redemption.
the property sold provided he returns to the vendee the price of the sale, the expenses Both real and personal property may be the subject matter of sales with right to
of the repurchase although there are certain articles
contract, any other legitimate payments made therefor and the necessary and useful articles under 1607, 1611, 1641, 1617, 1618 which are applicable only to immovable or
expenses real properties
made on the thing sold, and fulfills other stipulations which may have been
agreed upon.
Subject matter of conventional redemption.
Both real and personal property may be the subject matter of pacto de retro sales or
sales with right to repurchase although there are certain articles which are applicable
only to
immovables
Chapter 7
EXTINGUISHMENT OF SALE
ART. 1600. Sales are extinguished by the same causes as all other obligations, by those
stated in the preceding articles of this Title, and by conventional or legal redemption.
Causes for extinguishment of sale.
The modes or causes of extinguishing the contract of sale may be classified into:
(1) Common or those causes which are also the means of extinguishing all other
contracts like
payment, loss of the thing, condonation, etc;
2) Special or those causes which are recognized by the law on sales; and
(3) Extra-special or those causes which are given special discussion by the Civil Code and
these are conventional redemption and legal redemption.
CHAPTER 7
EXTINGUISHMENT OF SALE
Extinguishment in law means the cessation (ending) or cancellation of some right or
interest.

Extinguishment happens
- because the time for enforcement has passed
- by fulfilling the obligation so no further money or performance is due.

ART. 1600
Sales are extinguished by the same causes as all other obligations, by those stated in
the preceding articles of this Title, and by conventional or legal redemption. (a sale is
a contract and, in a contract, you have obligations to perform. When you perform
those obligation that you need to do in the first place you are extinguishing the
contract of sale)

Causes for extinguishment of sale.


The modes or causes of extinguishing the contract of sale may be classified into:
1. Common causes or those which are also the means of extinguishing all other
contracts like payment, loss of the thing, condonation, etc; (article 1231)

a. Payment or performance (if your done with your obligation )


Ex: Performance: delivery
(Juan ordered a car to me and my obligation is to deliver it to him ofcourse
kapag naideliver ko na may obligation is considered estinguised)

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