Obligations & Contracts
may have passed to the buyer, the unpaid sellerof goods, as such, has:
(1) A lien on the goods or right to retainthem for the price while he is in possessionof them;
(2) In case of the insolvency of the buyer, aright of stopping the goods in transitu afterhe has parted with the possession of them;
(3) A right of resale as limited by this Title;
(4) A right to rescind the sale as likewiselimited by this Title. Where the ownership in the goods has not passedto the buyer, the unpaid seller has, in addition tohis other remedies a right of withholding delivery similar to and coextensive with his rights of lienand stoppage in transitu where the ownershiphas passed to the buyer. (n)
Art. 1592. In the sale of immovable property,even though it may have been stipulated thatupon failure to pay the price at the time agreedupon the rescission of the contract shall of righttake place, the vendee may pay, even after theexpiration of the period, as long as no demandfor rescission of the contract has been madeupon him either judicially or by a notarial act. After the demand, the court may not grant him anew term. (1504a)
Art. 1593. With respect to movable property, therescission of the sale shall of right take place inthe interest of the vendor, if the vendee, upon theexpiration of the period fixed for the delivery of the thing, should not have appeared to receive it,or, having appeared, he should not have tenderedthe price at the same time, unless a longer periodhas been stipulated for its payment.
Art. 1165. When what is to be delivered is adeterminate thing, the creditor, in addition to theright granted him by Article 1170, may compel thedebtor to make the delivery.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.
If the obligor delays, or has promised to deliver thesame thing to two or more persons who do not havethe same interest, he shall be responsible for any fortuitous event until he has effected the delivery.(1096)
Art. 1167. If a person obliged to do something fails todo it, the same shall be executed at his cost.
This same rule shall be observed if he does it incontravention of the tenor of the obligation.Furthermore, it may be decreed that what has beenpoorly done be undone. (1098)
Art. 1168. When the obligation consists in not doing,and the obligor does what has been forbidden him, itshall also be undone at his expense. (1099a)
Property of RJ MartinezI – LLB, University of San Carlos – College of LawPage