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Showing 25–48 of 94 articles for “rescission”

When Loan Agreements Clash: Mutuality, Rescission, and the Limits of Bank Discretion

A Supreme Court ruling on when a bank's refusal to release loan proceeds amounts to a slight breach, not grounds for rescission.

Rescission Rights Clarifying Judicial Intervention In Contract Disputes

The Supreme Court clarifies when courts can void contracts and titles, and why Torrens titles cannot be attacked collaterally.

Stock Certificate Delay: When Rescission of Share Sale Is Allowed

Philippine Supreme Court clarifies rescission rules for delayed stock certificate issuance and who must return payments in share sales.

Rescission Rights When Developers Fail to Deliver on Property Sales

Buyers who fully paid for a lot can rescind the contract and recover the property's market value when the developer fails to deliver title.

Breach of Contract When Failure to Pay Justifies Rescission Despite Concurrent Obligations

Philippine Supreme Court ruling on when failure to pay a guaranteed amount justifies rescission even if the other party also breached concurrent obligations.

Rescission of Share Sale: When Broken Promises Do Not Justify Annulment

A Supreme Court ruling on when disappointed investors can—and cannot—rescind a stock sale for fraud or breach.

Lease Assignment Without Lessor Consent: Supreme Court Upholds Rescission

Philippine Supreme Court rules on lease assignment without lessor consent, applying Article 1649 and Article 1191 of the Civil Code.

Lease Rescission Rights and Structural Defects: Key Lessons from a Philippine Supreme Court Ruling

Philippine Supreme Court clarifies when a lessee may rescind a lease for structural defects and when damages may be awarded.

Surety Bonds Solidary Liability Despite Contract Rescission

Philippine Supreme Court ruling on surety bonds: rescission of the principal contract does not automatically release the surety from liability.

Demand Is Key to Rescission Rights in Philippine Contract Law

Philippine Supreme Court clarifies that demand is essential before rescission or foreclosure rights can be exercised under contract law.

Rescission Rights When Leased Property Becomes Unusable Due to Natural Disasters

When a leased property becomes unusable due to floods or other natural causes, lessees may have the right to rescind the lease. The Supreme Court explains the rules.

Protecting Buyers' Rescission Rights in Philippine Condominium Purchases

Learn how Philippine law protects condominium buyers' right to rescind purchases and recover payments under RA 9646 and Civil Code provisions.

In Land Sales, Survey Duty Prevails Over Payment Deadlines

Philippine Supreme Court ruling on when a seller must survey land before demanding payment, and when rescission is improper.

Contractual Obligations Survey Requirement Prevails Over Rescission Rights IN Land Sale Agreements

Supreme Court rules survey obligation in land sale contracts prevails over rescission rights, clarifying breach requirements under Philippine law.

Rescission and Refund Rights in Real Estate Sales: What PD 957 Buyers Should Know

Learn how PD 957 protects condominium buyers with refund rights, and which court hears criminal cases for violations.

Untangling Rescission: Prescription Periods in Philippine Property Sales

Philippine Supreme Court clarifies when the four-year prescriptive period for rescission of a sale starts, using the Quirong v. DBP case.

Delayed Delivery and Rescission Rights in Pre-Selling Condominium Contracts

The Supreme Court held that a developer's failure to deliver a pre-selling condominium unit on time entitles the buyer to a refund of payments with interest.

Avoiding Double Jeopardy Distinct Offenses Arising From A Single ACT

The Supreme Court clarifies when a civil case can suspend criminal proceedings, and why rescission of a contract does not defeat a BP 22 prosecution.

Unlawful Detainer When A Lease Violation Doesnt Require Prior Contract Rescission

Finality of Judgments, Due Process, and Counsel's Negligence in Contract Rescission

A Supreme Court ruling on finality of judgments, due process, and counsel's negligence in a construction contract rescission case.

Enforcing Contractual Obligations: Valid Payment and the Courts' Supervisory Role

When may a buyer rescind a timeshare contract? The Supreme Court clarifies registration rules, rescission periods, and appeal deadlines.

Automatic Lease Rescission: When an Accidental Fire Ends a Lease

Explaining Felsan Realty v. Commonwealth of Australia: when a fire is accidental, a lessee may automatically rescind a lease and claim refunds.

Contract Rescission and RTC Jurisdiction: Lessons from Villena v. Payoyo

When rescinding a contract is the primary remedy, the case belongs in the Regional Trial Court—even if the monetary claim is small.

Rescission Rights in Pacto de Retro Sales: When Can a Seller Reclaim Property

Philippine Supreme Court clarifies when a seller can rescind a pacto de retro sale and reclaim property from a defaulting buyer.