Civil Code Art. 1604: Extinguishment of Sale

Statute: Civil Code
Article: Art. 1604
Topic: Extinguishment of Sale
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE VI SALES
Chapter: CHAPTER 7 Extinguishment of Sale
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

The provisions of article 1602 shall also apply to a contract purporting to be an absolute sale. (n)

Intellegal Wiki · In plain terms

The rules that let a court treat a supposed sale as really an equitable mortgage (Article 1602) apply as well to a contract that presents itself as an outright, absolute sale. This lets a deed labeled an absolute sale still be shown to be a disguised security for a loan.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Related provisions in this Chapter

Civil Code, Art. 1604 is found in CHAPTER 7 Extinguishment of Sale 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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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.