- Statute
- Civil Code
- Article
- Art. 1385
- Topic
- Rescissible Contracts
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 6 Rescissible Contracts
- Formerly
- Art. 1295 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Rescission creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its interest; consequently, it can be carried out only when he who demands rescission can return whatever he may be obliged to restore. Neither shall rescission take place when the things which are the object of the contract are legally in the possession of third persons who did not act in bad faith. In this case, indemnity for damages may be demanded from the person causing the loss. (1295)
Cases applying this article
- Unlad Resources Development Corporation v. Renato P. Dragon G.R. No. 149338
- People Bank v. The Register of Deeds For the City of Manila G.R. No. 41278
- Goldenrod v. Court of Appeals G.R. No. 126812
- Margarita Quintos de Ansaldo v. The Sheriff of the City of Manila G.R. No. 43257
- Gotesco Properties v. Spouses Eugenio G.R. No. 201167
- Oliverio Laperal v. Solid Homes G.R. No. 130913
- David Reyes (Substituted By Victoria R. Fabella) v. Jose Lim G.R. No. 134241
- Lorenza Quison v. Higina Salud G.R. No. 4314
Other Supreme Court decisions also apply this article.
Related provisions in this Chapter
Browse the Civil Code
Continue your research on Intellegal
Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.