Statute
Civil Code
Article
Art. 1539
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
Formerly
Art. 1469a of the old Civil Code
Year
1949
Cited by
Multiple Supreme Court decisions

The provision

The obligation to deliver the thing sold includes that of placing in the control of the vendee all that is mentioned in the contract, in conformity with the following rules: If the sale of real estate should be made with a statement of its area, at the rate of a certain price for a unit of measure or number, the vendor shall be obliged to deliver to the vendee, if the latter should demand it, all that may have been stated in the contract; but, should this be not possible, the vendee may choose between a proportional reduction of the price and the rescission of the contract, provided that, in the latter case, the lack in the area be not less than one-tenth of that stated. The same shall be done, even when the area is the same, if any part of the immovable is not of the quality specified in the contract. The rescission, in this case, shall only take place at the will of the vendee, when the inferior value of the thing sold exceeds one-tenth of the price agreed upon. Nevertheless, if the vendee would not have bought the immovable had he known of its smaller area of inferior quality, he may rescind the sale. (1469a)

Cases applying this article

Related provisions in this Chapter

Civil Code, Art. 1539 is found in CHAPTER 4 Obligations of the Vendor of TITLE VI SALES of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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