Академический Документы
Профессиональный Документы
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Principle to apply
Sale 1: Occurs when land is not yet registered
First in time, priority in right
Sale 2: done when already registered
d. after Delivery Res Perit Domino-Buyer is owner now a. Delivery to buyer or to a bailee, and
ownership retained by seller to secure
performance by the buyer-Buyer’s Risk
b. Delayed delivery thru fault of buyer or seller-
at Fault party’s risk
Recto Law-Remedies
a. Specific Performance(Unpaid Seller) If availed,cannot anymore choose other remedies After choosing SP, becomes impossible to
perform,rescission may be pursued
b. Rescission Deemed choosen:
a. Notice of rescission sent
b. Takes possession of subject matter
c. Files action for rescission
d. Foreclosure Actual foreclosure is necessary to bar recovery of Mortgagor refuses to deliver property to effect
unpaid balance foreclosure;expenses may be recovered
Maceda Law Coverage: Residential Real Estate a. Industrial lots
b. Commercial buildings
c. Sale to tenants under agrarian law
d. Sale of land payable in straight terms
Right to resell: Notice of defaulting buyer Not required Right to resell not based on perishable nature or express
provision of sale
Warranty agains non-apparent servitude Warranty against non-apparent servitude Servitude is recorded in the registry of property
Warranty agains eviction Rescission is not a remedy, because it demands to return Partial Eviction
whatever parties have received. Since, vendee can no
longer restore.it can’t be carried out
Assignment Debtor has the right of legal redemption in sale of credit 1. Sale to co-heir
or incorporeal rights in litigation 2. Sale to co-owner
3. Sale to possessor of property in question
Sale of Co-owner of whole prop prior parition Whole property: Void 1. Subject matter is indivisible in nature
Spiritual share: Valid 2. Consent of co-owners
Sale of co-owner definite portion to partition As to other co-owner: Void 3. Sale of co-owner and doesn’t turn proceeds
Spiritual share: Valid(buyer would have still bought
such knowing circumstances)
Legal Effects of Sale by a non-owner Buyer acquires no better title than seller had 1. Estoppel
2. Recording laws
3. Sale made under statutory power
4. Merchant’s store
Title as to Movable Properties Possession is equivalent to title 1. Owner lost movable
Requisites: 2. Owner is unlawfully deprived
a. Possession Xpns to xpns:
b. Good faith 1. Public sale
2. Good faith acquisition in Auction