- Statute
- Philippine Civil Code
- Article
- Art. 1583
- Topic
- Obligations of the Vendee
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VI SALES
- Chapter
- CHAPTER 5 Obligations of the Vendee
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments. Where there is a contract of sale of goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses without just cause to take delivery of or pay for one or more instalments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken. (n)
Cases applying this article
- Integrated Packaging Corp. v. Court of Appeals G.R. No. 115117
- Carlos Gsell v. Pedro Koch G.R. No. 4907