- Statute
- Civil Code
- Article
- Art. 1542
- Topic
- Obligations of the Vendor
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VI SALES
- Chapter
- CHAPTER 4 Obligations of the Vendor
- Formerly
- Art. 1471 of the old Civil Code
- Year
- 1949
The provision
In the sale of real estate, made for a lump sum and not at the rate of a certain sum for a unit of measure or number, there shall be no increase or decrease of the price, although there be a greater or less area or number than that stated in the contract. The same rule shall be applied when two or more immovables as sold for a single price; but if, besides mentioning the boundaries, which is indispensable in every conveyance of real estate, its area or number should be designated in the contract, the vendor shall be bound to deliver all that is included within said boundaries, even when it exceeds the area or number specified in the contract; and, should he not be able to do so, he shall suffer a reduction in the price, in proportion to what is lacking in the area or number, unless the contract is rescinded because the vendee does not accede to the failure to deliver what has been stipulated. (1471)
Cases applying this article
- Spouses Lucia A. Orozco v. Florante G. Lozano G.R. No. 222616
- Dasmariñas T. Arcaina v. Noemi L. Ingram G.R. No. 196444
- Rudolf Lietz v. The Court of Appeals G.R. No. 122463