- Statute
- Philippine Civil Code
- Article
- Art. 1526
- Topic
- Obligations of the Vendor
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VI SALES
- Chapter
- CHAPTER 4 Obligations of the Vendor
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Subject to the provisions of this Title, notwithstanding that the ownership in the goods may have passed to the buyer, the unpaid seller of goods, as such, has: (1) A lien on the goods or right to retain them for the price while he is in possession of them; (2) In case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them; (3) A right of resale as limited by this Title; (4) A right to rescind the sale as likewise limited by this Title. Where the ownership in the goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu where the ownership has passed to the buyer. (n)
Intellegal Wiki · In plain terms
Even after ownership of goods has passed to the buyer, an unpaid seller keeps several protections: a lien to hold the goods for the price while he possesses them; a right to stop the goods in transit if the buyer becomes insolvent; a limited right to resell; and a limited right to rescind. If ownership has not yet passed, he additionally has a right to withhold delivery mirroring those rights.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Mary Ann Carmen Ferrer v. St. Mary'S Publishing And/Or Jerry Vicente S. Catabijan G.R. No. 258486
- Keppel Bank Philippines v. Philip Adao G.R. No. 158227