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Showing 49–72 of 94 articles for “rescission”

Interest Rate Dynamics Determining Proper Compensation In Contractual Rescission

Learn how Philippine courts determine interest rates and compensation when contracts are rescinded, using the BPI-Family Savings Bank case as a guide.

Breach of Contract Rescission and the Importance of Proving Payment

A buyer who claims full payment must prove it with credible evidence; the Supreme Court explains rescission under Article 1191.

Conditional Contracts to Sell: When Buyers' Payment Hinges on Sellers' Prior Mortgage Release

Philippine Supreme Court clarifies that in a contract to sell, buyers need not pay until sellers secure mortgage release, and rescission under Article 1191 does not apply.

Breach of Contract Upholding Rescission Rights in Land Sales

When a buyer defaults on a land sale agreement, the seller may validly rescind. The Supreme Court explains the limits of a buyer's right to demand execution of a contract.

Breach of Contract: Understanding Rescission in Real Estate Transactions

Learn how a defective foreclosure sale was voided by the Supreme Court and what it means for buyers and mortgagors.

When Can Someone Not a Party to a Contract Sue? The Real Party in Interest Rule

Philippine Supreme Court explains the real party in interest rule and when a non-party to a contract can sue for rescission.

Rescission of Real Estate Sales: Understanding Breach of Contract and Third Party Rights in the Philippines

Philippine Supreme Court ruling on who may sue for rescission of real estate contracts, real party in interest rule, and implied trusts under Article 1448.

Corporate Rehabilitation vs. HLURB Jurisdiction in Real Estate Rescission Cases

When a developer under corporate rehabilitation faces rescission claims, SEC suspension rules may prevail over HLURB jurisdiction. Learn from this case.

Contract TO Sell VS Contract OF Sale Sacobia Hills Development Corp ON Rescission

Breach of Contract: When Failure to Deliver Justifies Rescission and Damages

Philippine Supreme Court explains when a party's substantial breach of a reciprocal contract entitles the injured party to rescind and claim damages.

Rescission of Contract: Balancing Forfeiture Clauses With the Duty to Reimburse

Philippine Supreme Court ruling on how rescission under Article 1191 requires mutual restitution, even when forfeiture clauses exist.

Burden of Proof in Loan Obligations: Debtor Must Prove Payment Despite Creditor's Claim of Non-Payment

Philippine Supreme Court ruling on who bears the burden of proving payment in loan and mortgage obligations, and when contract rescission is proper.

Termination vs Rescission: Lease Contract Disputes and Penalties in the Philippines

Philippine Supreme Court clarifies the legal difference between terminating and rescinding a lease contract, and when penalties apply.

Breach OF Contract Rescission Unavailable IN Corporate Disputes Involving Trust Fund Doctrine

When Payment Defaults Threaten Property Rights: Understanding Rescission in Real Estate Sales

A buyer's failure to pay the full purchase price can lead to contract rescission, even after years of partial payments. Learn the rules.

Actual Occupancy vs Possession in SSS Housing: Contract Terms Govern

Supreme Court clarifies that "actual occupancy" differs from "possession" in SSS housing contracts, allowing rescission for breach.

Rescission Rights Understanding Contract Breaches AND Obligations IN Philippine LAW

Philippine Supreme Court explains when contract rescission is allowed—and when a breach is too slight to justify it.

Rescission Rights: When a Buyer's Failure to Pay Lets the Seller Cancel

A Supreme Court ruling explains when a seller may rescind a contract to sell, how installment payments are applied, and why a memorandum is not required for due process.

Unlawful Detainer vs. Contract Rescission: Supreme Court Clarifies Jurisdictional Limits

The Supreme Court explains when an ejectment case is improper and why contract rescission belongs to the RTC, not the MTC.

Equity Powers Ensuring Fairness in Contract Rescission Despite Procedural Gaps

Philippine Supreme Court ruling on how courts may order deposit of funds during rescission cases to prevent unjust enrichment.

Corporate Dissension and the Limits of Rescission: How Investment Disputes Can Trigger Liquidation

Explore how corporate dissension can lead to liquidation, the limits of rescission in investment disputes, and key legal principles from a Philippine Supreme Court ruling.

Rescission Rights Protecting Buyers From Misrepresentation IN Real Estate Sales

Abandonment of Property Justifies Rescission of Real Estate Contract

Supreme Court rules buyer's abandonment and non-payment of amortizations justify rescission of contract to sell, despite developer's alleged breaches.

Compromise Agreements Upholding Party Autonomy IN Contract Disputes

Philippine Supreme Court clarifies that rescission of a contract for sale of real property requires judicial or notarial act, not mere letter.