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sales, p. 415-428

sales, p. 415-428

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Published by mync89
rights of unpaid seller, 2
rights of unpaid seller, 2

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Categories:Types, Research, Law
Published by: mync89 on Nov 13, 2010
Copyright:Attribution Non-commercial


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May Encarnina P. GaoiranLease with Option to Purchase
Barring Effect on Such Contracts
Whether the taking back of possession or enjoyment of the property leased astreated by Article 1485 carries the concept of recession or foreclosure.
if recession-
even after the taking back possession or enjoyment, and forfeitingall rentals previously paid, the lessor-seller will be able to collect damages
if foreclosure-
the seller-lessor can no longer collect further amounts against thebuyer-lessee
writ of replevin
- merely to ensure enforcement of the remedy of specific performanceunder Article 1484(1); it does not produce barring effect
When purported lessor takes possession of subject movable, it is treated legallyas foreclosure and the barring effects applicable to foreclosure remedy, not recission, are givenapplication.
In Case of ImmovablesA. Remedies of Seller 1. Anticipatory BreachArt. 1591
applies if the seller has reasonable grounds to fear the loss of theimmovable property sold and its price
Art. 1191
applies if the ground is substantial breach by buyer for failure tocomply with his obligation to pay the price when due
2. Failure of Buyer to Pay PriceRemedy-
recission via judicial (eg. filing of a cross-claim) or notarial demand(Art. 1592, CC)
does not apply to contracts to sell (
J.M Tuason & Co., Inc v. Javier 
B. Remedies of Buyer 1. Suspension of Payment
- right granted to the buyer 
a) disturbance in the buyer¶s possession or ownership of the thing acquired
b) reasonable grounds to fear such disturbance
c) pending suit over the subject matter 
a) vindicatory actionb) foreclosure of mortgage
a) cessation of the cause of disturbance or danger b) security for the return of the pricec) stipulation
mere act of trespass shall not authorize suspension of the payment of price
In Case of Subdivision or Condominium ProjectsSecs. 23 and 24, P.D 957:
o installment payments made by the buyer in asubdivision or condominium project for the lot or unit he contracts to buy shall be forfeited in favor of the owner or developer when the buyer, after due notice to the owner or developer desists fromfurther payment due to the failure of the owner or developer to develop the subdivision or condominium project according to the approved plans and within the time limit for complying with thesame.
elucio v. Brillante-Garfin
buyer¶s option-
1) to demand reimbursement of the totalamount paid, 2) to wait further dev¶t of the subdivision or condominium project (Effect-he may not be ousted from the subdivision

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