Victoria Seoane v. Catalina Franco

Summary

This 1913 Supreme Court case established important precedent regarding mortgage obligations with indefinite payment terms. The Court applied Article 1128 of the Civil Code, ruling that when a mortgage leaves payment duration to the debtor's will, a prior action must be filed to have the court fix the payment date before the debt becomes actionable. The mortgage requiring payment 'little by little' was deemed to have an indefinite term requiring judicial determination. The Supreme Court affirmed the lower court's ruling that the action had prescribed, and additionally noted that the underlying right to fix the payment date had also prescribed under the ten-year limitation period in Section 38 of the Code of Civil Procedure. This case remains significant for understanding when contractual obligations with indefinite terms become enforceable and the prescription periods applicable to such actions.