The Preceding Articles of This Subsection Shall Be Applicable To Judicial Sales, Except That The Judgement Debtor Shall Not Be Liable For Damages

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The preceding articles of this subsection shall be

Art. 1570 applicable to judicial sales, except that the


judgement debtor shall not be liable for damages.
Art. 1571: Period of filing action
 SIX (6) months from the delivery of the thing sold
EXAMPLE:
Ms. A bought an expensive watch with
diamonds from Ms. B, a close friend of Ms.
A, on June 15, 2018 with Ms. B
guaranteeing that the watch is free from
any defects. Ms. A bought the watch as a
birthday gift for himself so he did not open DARJEM DITO YUNG PICTURE OR
the box yet. On August 21, 2018, Ms. A’s SOMETHING
birthday, she saw that the watch had dents
on the edges and had a missing diamond.
Ms. A called Ms. B and demanded for
rescission of the contract. Since it is within
the six months period, the action of Ms. A is
allowed.
Art. 1572
If two or more animals are sold together, whether for a lump sum or for a separate
price for each of them, the redhibitory defect of one shall only give rise to
its redhibition, and not that of the others; unless it should appear that the vendee
would not have purchased the sound animal or animals without the defective
one. The latter case shall be presumed when a team, yoke pair, or set is bought,
even if a separate price has been fixed for each one of the animals composing the
same.

 General: a defect of one does not affect the sale of the others.

 Exception: If the buyer bought a team, yoke, pair or set of animals, a redhibition
defect of one gives rise to redhibition of all.
EXAMPLE:
Mr. A bought 8 oxen from Mr. B. A few days later, one of the oxen was
found to be defective. Here, Mr. A can either ask Mr. B:
 Rescission of the sale of the defective animal (accion redhibitoria) OR

 Ask for a proportionate reduction in price (accion quanti minoris)


EXAMPLE:
Mr. A bought a yoke of oxen from Mr. B for the purpose of plowing. A
few days later, one of the oxen was found to be defective. Here, Mr. A
may seek the rescission of the sale of the oxen because he would not
have bought the the other without the defective ox.
The provisions of the preceding article with respect to the sale
Article 1573 of animals shall in like manner be applicable to the sale of
other things.

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