- Statute
- Civil Code
- Article
- Art. 1554
- 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. 1477 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
If the vendee has renounced the right to warranty in case of eviction, and eviction should take place, the vendor shall only pay the value which the thing sold had at the time of the eviction. Should the vendee have made the waiver with knowledge of the risks of eviction and assumed its consequences, the vendor shall not be liable. (1477)
Intellegal Wiki · In plain terms
If the buyer gave up the right to be protected against eviction and is later evicted, the seller need only refund the value the item had at the time of eviction. But if the buyer made that waiver knowing the risk of eviction and accepting its consequences, the seller owes nothing at all.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Donaldson v. Smith, the Supreme Court held: Affirmed the lower court, holding that a lessee who never entered into possession acquired no rights in rem enforceable against third persons; a lessee's direct action against a trespasser under Article 1560 applies only once actual interference with use has begun, and the plaintiffs' remedy lay against their lessor under Articles 1554 and 1556 (under the old Civil Code numbering).
One leading Supreme Court case applying this provision.
Cases applying this article
- Donaldson v. Smith G.R. No. 411
- M. Goldstein v. Alejandro Roces G.R. No. 8697