Professional Documents
Culture Documents
The price usually is less than in absolute sales for the reason that
in former, the vendor expects to reacquire or redeem the property sold,
or else he may sell his right to redeem and thus recover the loss he
claims suffered by reason of the inadequacy of the price.
Art. 1603
In case a doubt, a contract purporting to be a sale with right to
repurchase shall be construed as an equitable mortgage.
Art. 1604
The provision of Article 1602 shall also apply to a contract
purporting to be an absolute sale.
If the real property is involved and the vendor failed to redeem within
the period agreed upon, the vendees title becomes irrevocable.
Art. 1608
The vendor may bring his action against every possessor
whose right is derived from the vendee, even if in the second
contract no mention should have been made of the right to
repurchase, without prejudice to the provisions of the Mortgage
Law and the Land Registration Law with respect to third person.
Right to redeem, a real thing.
Subrogation transfers to the person subrogated the credit with all the
right thereto appertaining.
As owner, the vendee for example may transfer or alienate his right to a
third person, mortgage the property, enjoy the fruits thereof, recover
the property against every possessor, and perform all other acts of
ownership subject only to the right of redemption of the vendor. The
vendor cannot transfer ownership if he is not the real owner.
Art. 1610
The creditors of the vendor cannot make use of the right of
redemption against the vendee, until after they have exhausted the
property of the vendor.
The same rules apply if the person who sold an immovable alone has
left several heirs in which case each of the latter may only redeem the
part which he have acquired.
Art. 1613
In the case of the preceding article the vendee may demand of all the
vendors or co-heirs that they come to an agreement upon the
repurchase of the whole thing sold; and should they fail to do so, the
vendee cannot be compelled to consent to a partial redemption.
Redemption in joint sale by co-owners of undivided immovable.
But if the inheritance has been divided, and the thing sold has been
awarded to one of the heirs, the action for redemption may be
instituted against him for the whole.
Redemption against heirs of vendee.
The vendor a retro can exercise the right to redeem against the heirs
of the vendee a retro with respect only to their respective shares,
whether the thing undivided or it has been patitioned among them.
However, if by partition, the entire property has been adjudicated to
one of the heirs, the vendor can exercise the right to redeem against
said heir for the whole.
Art. 1616
If the vendee should leave several heirs, the action for redemption
cannot be brought against each of them except for his own share,
whether the thing be undivided, or it has been partitioned among
them.
But if the inheritance has been divided, and the thing sold has been
awarded to one of the heirs, the action for redemption may be
instituted against him for the whole.
Art. 1617
If at the time of the execution of the sale there should be on the land,
visible or growing fruits, there shall be no reimbursement for or
prorating of those existing at the time of redemption, if no indeminity
was paid by the purchaser when the sale was executed.
Should there have been no fruits at the time of the sale, and some exist
at the time of redemption, they shall be prorated between the
redemptioner and the vendee, giving the latter the part corresponding
to the time he possessed the land in the last year, counted from the
anniversary of the date of the sale.
Right of parties as to fruits of land:
1) If there were fruits at the time of the sale and the vendee paid for
them, he must be reimbursed at the time of redemption as the
payment forms part of the purchase price.
2) If no indemnity was paid by the vendee for the fruits, there shall be no
reimbursement for those existing at the time of redemption.
3) If the property had no fruits at the time of the sale and some exist at
the time of redemption, they shall be apportioned proportionately
between the redemptioner and the vendee, giving the latter a share in
proportion to the time he possessed the property during last year
counted from the anniversary of the date of the sale to compensate the
vendee for his expenses.
The same rule is also applicable if there were fruits at the time of the sale
and the vendee paid for them
Art. 1618
The vendor who recovers the thing sold shall receive it free from all
charges or mortgages constituted by the vendee, but he shall respect
the leases which the latter may have executed in good faith, and in
accordance with the customs of the place where the land is situated.
1) A co-owner has the legal right to sell, assign, or mortgage his ideal
share in the property held in common. By the very nature of the
right of legal redemption, a co-owner`s right to redeem is invoked
only after the shares of the other co-owners are sold to a third party
or stranger.
Requisites:
1) Both the land of the one exercising the right of redemption and the
land sought to be redeemed must be rural;
2) The lands must be adjacent
3) There must be an alienation
4) The piece if rural lang alienated must not exceed one hectare
5) The vendee must already own some rural land
6) The rural land sold must not be separated by brooks, drains, ravines,
roads and other apparent servitudes from the adjoining lands.
In case two or more adjacent owners desire to exercise the right of
redemption, the law gives preference to the owner of the adjoining
land of smaller area but if both lands have the same area, to the one
who first requested the redemption. Under Article 1620, The co-
owners exercise their right of redemption pro rata.
Art. 1622
Whenever a piece of urban land which is so small and so situated that a
major portion thereof cannot be used for any practical purpose within a
reasonable time, having been bought merely for speculation, is about to
be resold, the owner of any adjoining land has a right of pre-emption at
a reasonable price.
If the re-sale has been perfected, the owner of the adjoining land shall
have a right of redemption, also at a reasonable price.
When two or more owners of adjoining lands wish to exercise the right
of preemption or redemption, the owner whose intended use of the
land in question appears best justified shall be preferred.
Rights of pre-emption and legal redemption of adjacent owner of
urban lands.