DIFFERENT REMEDIES UNDER SALES

Remedies under Art. 1481

Sale of goods by description and/or sample (thing delivered
When applicable to:
does not correspond to the description and/or sample)
Who may exercise: Vendee
1. Rescission

Remedies under Art. 1484 & Art. 1485

Sale of Personal Property Payable in Installment (Recto Law)
When applicable:
Contracts Purporting to be leases with option to buy
Who may exercise: Seller / Lessor
If buyer fails to pay at least one installment
1. Exact fulfillment

If buyer fails to pay two or more installments

2. Cancellation
3. Foreclose the chattel mortgage

Remedies under Maceda Law

When applicable: Sale of Real Property at Installment
Who may exercise: Buyer
If buyer fails to pay at least 2 years of installment
1. Paid without additional installments within grace period (1mo=1yr paid; every 5
yrs)

If cancelled
2. Refund 50% of payments made plus 5% for every year paid but not exceeding
90% of the amount paid

Remedies under Art. 1493

When applicable: Partial loss of Specific Goods
Who may exercise: Vendee
1. Cancellation
2. Specific performance with reduction of price

Remedies under Art. 1494

When applicable: Partial Loss of Specific Mass
Who may exercise: Vendee
1. Avoidance
2. Specific performance, if divisible

Remedies under Art. 1520

When applicable: To reach negotiable document
Who may exercise: Creditor on which the debtor is owner of negotiable instrument
1. Ask for attachment of document
2. Ask for injunction of further negotiation

Remedies under Art. 1522

Quantity/Quality delivered is different from what was
When applicable:
contracted
Who may exercise: Buyer
Less than
1. Reject all
2. Accept and pay:
 at contract rate if he has knowledge that no further delivery will be made
 for fair value if he has no knowledge

More than
1. Accept the quantity stated and reject the rest
2. Accept all and pay at the contract rate
3. Reject all if indivisible

Mix
1. Accept the goods stated and reject the rest
2. Reject all if indivisible

Remedies under Art. 1526

When applicable: Buyer does not complete its obligation to pay
Who may exercise: Unpaid Seller
1. Possessory lien
2. Right of stoppage in transit
3. Right of resale
4. Right to rescind

If ownership has not passed to buyer

5. Right of withholding delivery (co extensive to possessory lien and stoppage in
transitu)
Remedies under Art. 1539
When applicable: Sale of Property by Unit Measure
Who may exercise: Buyer
Lacking/smaller area/number
1. Proportionate reduction of price
2. Rescission given the area lacking is not less than 1/10 of the stated

Same area/number but different quality

1. Proportionate reduction of price
2. Rescission if the inferior value of the thing exceeds 1/10 of the stated

Remedies under Art. 1540

When applicable: Sale of Property by Unit Measure
Who may exercise: Buyer
Greater area/number
1. Accept the area stated and reject the rest
2. Accept the whole area and pay for contract rate

Remedies under Art. 1542

When applicable: Sale of Property at Lump Sum (Cuerpo Cierto)
Who may exercise: Buyer
Does not deliver the area wit in boundaries
1. Proportionate reduction of price
2. Rescind the contract

Remedies under Art. 1545

When applicable: Condition of Sale is not met
Who may exercise: Buyer / Seller
1. Refuse to proceed
2. Waive the condition

Remedies under Art. 1556

When applicable: Partial Eviction
Who may exercise: Buyer
1. Rescission
2. Enforcement of the vendor’s liability for eviction
Remedies under Art. 1560
Sale of immovable property with any non-apparent easement
When applicable:
or servitude
Who may exercise: Buyer
Within one year from the execution of the deed of sale
1. Rescission
2. Damages

After one year from the execution of the deed of sale

1. Damages

Remedies under Art. 1567

Breach of warranty against hidden defect and warranty as to
When applicable:
merchantability and fitness
Who may exercise: Buyer
1. Accion redhibitoria plus damages
2. Accion quanti minoris plus damages

Remedies under Art. 1572

When applicable: Sale of Animals with Redhibitory Defects
Who may exercise: Buyer
1. Accion redhibitoria
2. Accion quanti minoris

Remedies under Art. 1583

Buyer refuses to pay to pay delivery without just cause
When applicable:
Seller makes defective delivery
Who may exercise: Seller
Buyer
1. Refuse to proceed and sue damages
2. Claim compensation but not damages if breach is severable

Remedies under Art. 1591

When applicable: Anticipatory Breach by the Buyer
Who may exercise: Seller
1. Rescission
Remedies under Art. 1592
When applicable: Breach by the Buyer in Sale of Immovable Property
Who may exercise: Seller
1. Notarial Rescission

Remedies under Art. 1593

When applicable: Breach by the Buyer in Sale of Movable Property
Who may exercise: Seller
1. Technical Rescission

Remedies under Art. 1594

When applicable: Breach of Contract of Sale of Goods
Who may exercise: Seller
1. Payment of price
2. Damages for non-acceptance of delivery
3. Rescission

Remedies under Art. 1594

When applicable: Breach of Contract of Sale of Goods
Who may exercise: Buyer
1. Specific performance
2. Rescission/damages for breach warranty

Remedies under Art. 1599

When applicable: Seller Breaches Warranty
Who may exercise: Buyer
1. Accept/retain goods and recoupment
2. Accept goods and maintain damages against seller
3. Refuse to accept and maintain damages against seller
4. Right to rescind the sale

Remedies under Art. 1605

When the contract does not express/conform to real intention
When applicable:
of parties
Who may exercise: Vendor
1. Reformation
 DIFFERENT PERIODS UNDER SALES
Period for Cancellation of Contract
Where applicable: Cancellation of Contract in Maceda Law
30 days from the date of notice

Prescription Period for Art. 1539, 1540 and 1542

Remedies for Sale of Immovable per Unit Measure
Where applicable:
Remedies for Cuerpo Cierto Sale
6 months from the date of delivery/signing of legal formalities

Prescription Period for Art. 1550

Where applicable: Acquisition of ownership and other real rights
If in Good faith:
10 years possession

If in Bad faith:
30 years possession

Prescription Period for Art. 1560

Remedies for sale of immovable property with any non-
Where applicable:
apparent easement or servitude
Either remedies may be applied:
1 year from the date of execution of deed of sale

Only damages can be applied:

1-year elapse time from time of discovery

Prescription Period for Art. 1567

Remedies for breach of warranty against hidden defect and
Where applicable:
warranty as to merchantability and fitness
6 months from the date of delivery to vendee

Prescription Period for Art. 1572

Where applicable: Remedies for Sale of Animals with Redhibitory Defects
40 days from the date of delivery to vendee
Period for Art. 1578
Where applicable: Death of animal caused by disease
Effect: Makes seller liable
3 days from the date of delivery to vendee

Prescription Period for Art. 1606

Where applicable: Right of conventional redemption
If no express stipulation:
4 years after date of contract not exceeding 10 years

If final judgment was made:

30 days from the time final judgement was rendered in civil action

Prescription Period for Art. 1623

Where applicable: Right of legal pre-emption or redemption
30 days from written notice of prospective vendor

Prescription Period for Art. 1629

Duration of assignor’s liability where debtor’s solvency is
Where applicable:
guaranteed
1 year from time of assignment of credit when the period for payment of credit has
expired

1 year after maturity of credit when such period has not expired

Prescription Period for Art. 1634

Where applicable: Reimbursement by debtor in Legal redemption in sale of credit
30 days from the date the assignee demands payment from him