Question
PLEASE HELP ME WITH THIS ONE REFER TO ARTICLE 1590 OF THE CIVIL CODE (PHILIPPINE LAW): An instance where the law clearly allows the vendee
PLEASE HELP ME WITH THIS ONE
REFER TO ARTICLE 1590 OF THE CIVIL CODE (PHILIPPINE LAW):
An instance where the law clearly allows the vendee to withhold payment of the purchase price is Article 1590 of the Civil Code, which provides:
Should the vendee be disturbed in the possession or ownership of the thing acquired, or should he have reasonable grounds to fear such disturbance, by a vindicatory action or a foreclosure of mortgage, he may suspend the payment of the price until the vendor has cause the disturbance or danger to cease, unless the latter gives security for the return of the price in a proper case, or it has been stipulated that, notwithstanding any such contingency, the vendee shall be bound to make the payment. A mere act of trespass shall not authorize the suspension of the payment of the price.
- Simon sold and delivered to Brian a parcel of land for 2 million pesos payable within 30 days from the date of the contract. Soon after the sale, Xavier claims ownership over the land by virtue of a prescriptive title. May Brian suspend the payment of price? Why?
- If, in order to avoid trouble, Brian pace of Xavier to settle latter's claim to the land, may Brian recover the amount paid as against Simon upon Simon's warranty in case of a vacation? Reason.
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