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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.
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Same causes as other obligations Those stated in the preceding articles of this Title Conventional or legal redemption

payment or performance 2. loss of the subject matter 3. condonation or remission 4. confusion or merger of rights of creditor and debtor 5. compensation 6. novation 7. annulment 8. rescission 9. fulfillment of a resolutory condition 10. prescription
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Art. 1484 remedies of the vendor in sale of personal property where the price is payable by instalments Art. 1532 right of an unpaid seller of stoppage in transitu Art. 1539 -- If the sale of real estate should be made with a statement of its area, at the rate of a certain price for a unit of measure or number -- rescission of the contract, provided that, in the latter case, the lack in the area be not less than one-tenth of that stated. The same shall be done, even when the area is the same, if any part of the immovable is not of the quality specified in the contract The rescission, in this case, shall only take place at the will of the vendee, when the inferior value of the thing sold exceeds one-tenth of the price agreed upon. Nevertheless, if the vendee would not have bought the immovable had he known of its smaller area of inferior quality, he may rescind the sale.

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Art. 1540. If, in the case of the preceding article, there is a greater area or number in the immovable than that stated in the contract, the vendee may accept the area included in the contract and reject the rest. If he accepts the whole area, he must pay for the same at the contract rate. Art. 1542. In the sale of real estate, made for a lump sum and not at the rate of a certain sum for a unit of measure or number the vendor shall be bound to deliver all that is included within said boundaries, even when it exceeds the area or number specified in the contract; and, should he not be able to do so, he shall suffer a reduction in the price, in proportion to what is lacking in the area or number, unless the contract is rescinded because the vendee does not accede to the failure to deliver what has been stipulated.

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Art. 1556. Should the vendee lose, by reason of the eviction, a part of the thing sold of such importance, in relation to the whole, that he would not have bought it without said part, he may demand the rescission of the contract; but with the obligation to return the thing without other encumbrances that those which it had when he acquired it. He may exercise this right of action, instead of enforcing the vendor's liability for eviction. The same rule shall be observed when two or more things have been jointly sold for a lump sum, or for a separate price for each of them, if it should clearly appear that the vendee would not have purchased one without the other. Art. 1567. In the cases of Articles 1561, 1562, 1564, 1565 and 1566, the vendee may elect between withdrawing from the contract and demanding a proportionate reduction of the price, with damages in either case. Art. 1591. Should the vendor have reasonable grounds to fear the loss of immovable property sold and its price, he may immediately sue for the rescission of the sale.

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conventional redemption legal redemption only applies to contract of sale

Takes place when the vendor reserves right to repurchase the thing sold (Sale under pacto de retro)

Right to repurchase may be exercised only if vendor returns: a. The price of the sale b. Expenses of the contract and other payments made by reason of the sale c. Necessary and useful expenses made on the thing sold

There can be no conventional redemption unless it has been stipulated upon in the contract of sale Inadequacy of price cannot be considered a ground for rescinding the contract in a pacto de retro agreement. In case of doubt whether a contract is a pacto de retro sale, it shall be construed as an equitable mortgage (even if document is entitle absolute deed of sale)

One which although lacking in some formality, or form or words, or other requisites demanded by a statute, nevertheless reveals the intention of the parties to charge real property as security for a debt, and contains nothing impossible or contrary to law Remedy of apparent vendor: Reformation

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When the price of a sale with right to repurchase is unusually inadequate; When the vendor remains in possession as lessee or otherwise; When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed; When the purchaser retains for himself a part of the purchase price; When the vendor binds himself to pay the taxes on the thing sold; In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation.

Period to exercise right to repurchase: a. If there is no agreement 4 years from date of contract b. If there is an agreement, it cannot exceed 10 years c. If a case was filed and the court rules that the contract is a sale a retro, the vendor may repurchase within 30 days from the time final judgment was rendered

Court order is not required to consolidate ownership as it happens by mere operation of law Court order is necessary to record the sale in the Registry of Property Seller a retro may redeem property even from person other than buyer a retro without prejudice to the laws on land registration

Right to be subrogated, upon the same terms and conditions stipulated in the contract, in the place of one who acquires a thing by purchase or dation in payment, or by any other transaction whereby ownership is transmitted by onerous title.

Public policy: for the benefit and convenience of the redemptioner to afford him way out of what might be a disagreeable or inconvenient association into which he was thrust

Requisites: 1. There must be co-ownership 2. There must be alienation of all or of any of the shares of the other co-owners 3. The sale must be to a stranger 4. The sale must be before partition Reason: To reduce number of participants until the coownership is terminated, so as not to hamper development and better administration

Requisites 1. Both lands must be rural 2. The lands must be adjacent 3. The land alienated must not exceed 1 hectare 4. The vendee must already own some rural land 5. Rural land must not be separated by brooks, drains, ravines, roads, and other apparent servitudes

Pre-emption right of purchasing before others Requisites of pre-emption and redemption of urban lands 1. One exercising the right must be an adjacent land owner 2. Piece of land sold is so small and so situated that a major portion thereof cannot be used for any practical purpose 3. Urban land was bought by its owner merely for speculation

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