Statute
Civil Code
Article
Art. 1387
Topic
Rescissible Contracts
Book
BOOK IV Obligations and Contracts
Title
TITLE II CONTRACTS
Chapter
CHAPTER 6 Rescissible Contracts
Formerly
Art. 1297a of the old Civil Code
Year
1949

The provision

All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of creditors, when the donor did not reserve sufficient property to pay all debts contracted before the donation. Alienations by onerous title are also presumed fraudulent when made by persons against whom some judgment has been rendered in any instance or some writ of attachment has been issued. The decision or attachment need not refer to the property alienated, and need not have been obtained by the party seeking the rescission. In addition to these presumptions, the design to defraud creditors may be proved in any other manner recognized by the law of evidence. (1297a)

Cases applying this article

Browse the Civil Code

Continue your research on Intellegal

Search Philippine statutes on Intellegal →

Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

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 Provisions may have been amended or repealed.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.