- Statute
- Civil Code
- Article
- Art. 1556
- 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. 1479a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Should the vendee lose, by reason of the eviction, a part of the thing sold of such importance, in relation to the whole, that he would not have bought it without said part, he may demand the rescission of the contract; but with the obligation to return the thing without other encumbrances that those which it had when he acquired it. He may exercise this right of action, instead of enforcing the vendor's liability for eviction. The same rule shall be observed when two or more things have been jointly sold for a lump sum, or for a separate price for each of them, if it should clearly appear that the vendee would not have purchased one without the other. (1479a)
Intellegal Wiki · In plain terms
If a buyer, through eviction, loses a part of the thing so important that he would not have bought it without that part, he may instead demand rescission of the sale, returning the thing free of any encumbrances it did not have when acquired. The same rule applies where several things were sold together and it is clear the buyer would not have bought one without the other.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Donaldson v. Smith G.R. No. 411
- Higinio Francisco Yunti v. The Chinaman Dy-Yco G.R. No. 3018