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Modes of extinguishment of contract of sale? 1600 pg 485


What are the common modes? Art 1231 pg 485
What are special modes? Art 1484, 1532, 1539, 1540, 1542, 1556, 1560, 1567, 1591
What are extra-special?
How do you define conventional redemption? 1601 p 486
What are the rules mentioned under 1616? Pg 539 codal
What are the characteristics/nature of a conventional redemption? Pg 486-487
Why is it in a pacto de retro sale, title of ownership is immediately vested in the?
What are the obligations of a vendor a retro in case of redemption? 1616 pg 539
Distinguish necessary vs useful expenses= pg 539 last par
Example of a useful expense- accessories on a car
Example of necessary- maintenance of the car
Other legitimate payments? Examples, other than expenses- pg 539 and 1601
Solid Homes Case
Lao vs CA Case*
What are the contracts that are presumed to be equitable mortgage? 1602 pg 490
Ramos Case*
Lanuza vs De Leon Case- Was there an equitable mortgage?
What is the period for redemption? From when does the period start?- 10yrs w/ agreement; 4 yrs
no agreement; or 30 days from the date of finality of judgment
Flores vs So Case
If you are a vendee a retro, and if the period to redeem already expired, what must you do before
you can consolidate ownership over the property?
When the redemption period expires the vendee becomes the absolute owner, in the case of Flores
vs So, does that mean when the period expires there is no more or nothing more to be done?=
must secure first a judicial order based on 1607- only applicable to real property (in the old civil
code only file of an affidavit, no need for judicial order)
Capulong vs CA Case
De Leon vs Salvador Case*- How do you reconcile with 1602 (there is no sale but it is equitable
mortgage if purchase price is inadequate but the case, although it is bought at a low price the SC
states its immaterial and is still considered a sale)= 1602 ONLY applies to conventional redemption;
in legal redemption price IS NOT MATERIAL
- Was there a conventional redemption? Based on mutual agreement of the parties= sale was by
operation of law, therefore it is a legal redemption NOT conventional redemption
What do you mean by equitable mortgage? Pg 490 last par
Alonzo vs IAC Case*
What is the judgment in the 30 days of redemption period about?= on WON there was a real pacto
de retro sale
What if there was a pacto de retro sale and there was an agreement of redemption period expiring
in 2 yrs (A agreed on 2 yrs of redemption period with B but B sells it to C after the lapse of 1 yr, C
is not aware of the initial sale) can A still redeem property? = If the land is unregistered, A can go
after C even if he is in good faith. If there was a registration under Torrens Title, but A failed to
annotate the at the back of the title of his right to redemption then C will be considered buyer good
in good faith.

NOTE:
Most repeated questions= 1616; redemption periods; 1602;question x or De Leon Case low price- sale not
equitable (running question); question v;
*= cases not asked by busmente but recited
Next assign same but add until 1622

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