Civil Code Art. 1383: Rescissible Contracts

Statute: Civil Code
Article: Art. 1383
Topic: Rescissible Contracts
Book: BOOK IV Obligations and Contracts
Title: TITLE II CONTRACTS
Chapter: CHAPTER 6 Rescissible Contracts
Formerly: Art. 1294 of the old Civil Code
Year: 1949

The provision

The action for rescission is subsidiary; it cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same. (1294)

Cases applying this article

Congregation of the Religious of the Virgin Mary And/Or the Superior General of the Religious of the Virgin Mary v. Emilio Q. Orola G.R. No. 169790
Margarita Suria v. Hon. Intermediate Appellate Court G.R. No. 73893
Adelfa S. Rivera v. Fidela del Rosario (Deceased G.R. No. 144934

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