Warranty against eviction- has requisites

1. The buyer is evicted in whole or in part

2. there is a final judgement( the decision of the court evicting the buyer has gained finality)
3.
Warranty against encumbrances
Warranty against hidden defects
Warranty on the sale of animals

Teh seller warrants that he has the right to sell

Fitness and warranty

Obligations of the vendee

Obligationsof the buyer

1. Pay the price- according to the stipulations
2. To accept delivery of the thing sold:
The time and the place shall be considered

When delivered

1600:extinguishment of sale

Conventional redemption- vendor reserves the right to buy again the thing sold provided he returns
to the vendee all expenses made on the things sold,

1602: when to consider a contract into a equitable mortgaged

Pacto de retro:
Pacto de Retro sale refers to the sale wherein the seller has the right to repurchase the subject matter or the
property being sold. The essence of a pacto de retro sale is that the title and ownership of the property sold
transfers immediately to the vendee a retro.

When there is a sale of a coowner to a stranger

When there is a sae of an heir to a stranger

Sale of adjacent of a rural land not exceeding 1 hectare

Equity of redemption for judicial foreclosures

Extrajudicial foresclosures
When there is redemption of homesteads
Redemption of tax sales
Redemption of agricultural alnds sold by the owner

Legal redemptio- if no agreement 4 years from the date of contract, if there is an agreed period it must done within
the agreed period.

Determine the nature of the contract in order to reveal the true intention

Remedy for reformation

-remedy in law to show the real intention of the parties and that is only to enter into a equitable mortgaged.

The law considers thsi equitable mortgaged:

1. To prevent cercumvention of the usury law
2. To prevent circumvention of the proision of pactum comisorium(creditor approrpiate to himself the thing)
3. To show the real intention of the parties

What will be the effect 1607: there must be a judicial order)

In case of multi parties: when an undivided:

Subrogation
Substitution- when there is a change

Destinguish assignment for prenunciation

Dacion in payment