- Statute
- Civil Code
- Article
- Art. 1191
- Topic
- Rescission of reciprocal obligations
- Year
- 1949
The provision
Art. 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him.
The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible.
The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period.
This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage Law. (1124)
Key points
In reciprocal obligations the power to rescind is implied if one party fails to perform. The injured party may choose between fulfillment and rescission, with damages either way, and may seek rescission even after choosing fulfillment if that becomes impossible. The court may grant the debtor a period for just cause.