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Showing 1–24 of 94 articles for “rescission”

Protecting Installment Buyers Understanding Rescission Rights Under THE Maceda LAW

The Supreme Court clarifies the strict notarial and grace period requirements for canceling installment contracts under the Maceda Law.

Contract of Sale vs Contract to Sell: What Buyers and Sellers Must Know

The Supreme Court clarifies the difference between a contract of sale and a contract to sell, and when rescission is proper.

Navigating Real Estate Installment Contracts: The Importance of Proper Rescission Under the Maceda Law

Learn how the Supreme Court clarifies rescission rules for real estate installment sales and the rights of buyers under the Maceda Law.

Compromise Agreements and Rescission: Lessons from a Supreme Court Ruling

When can a compromise agreement be rescinded? The Supreme Court clarifies the rules on non-performance and rescission under Article 2041.

Contract Rescission in the Philippines: When Forfeiture Clauses and Mutual Restitution Apply

Philippine Supreme Court clarifies when forfeiture clauses survive contract rescission and when mutual restitution applies under Article 1191.

The Maceda Law and Installment Sales: Lessons from Integrated Credit v. Cabreza

A Supreme Court ruling clarifies how the Maceda Law governs installment sales of real property and why strict compliance with its rescission rules matters.

Dishonored Checks in Property Sales: What the Supreme Court Ruling Means

A Supreme Court ruling clarifies that dishonored checks can prove an unpaid property obligation, even when a separate rescission case is pending.

Insurance Rescission: Proving Fraud in False Representations vs Concealment

Philippine Supreme Court clarifies when insurers can rescind for concealment versus false representations, and what evidence proves fraud.

Insurance Rescission: Proving Fraudulent Intent in False Representations

Philippine Supreme Court clarifies when insurers may rescind policies for false representations versus concealment, requiring clear proof of fraudulent intent.

Oral Sales Agreements Transfer Property and the Limits of Rescission

When does an oral deal to sell land transfer ownership? The Supreme Court clarifies the line between a sale and a contract to sell, and when rescission is allowed.

Lease Agreements and Assignment of Rights: Clarifying Obligations and Remedies

A Supreme Court ruling clarifies how assignment of rights affects lease agreements, including rescission rules and payment obligations.

Specific Performance vs Rescission: Contractual Remedies Under Philippine Law

The Supreme Court clarifies when specific performance or rescission applies in reciprocal obligations, using a Tagaytay property dispute as guide.

Upholding Real Estate Sales: The Limits of Unilateral Contract Rescission

A Supreme Court ruling clarifies that a seller cannot unilaterally rescind a real estate sale without a court decree or contractual stipulation.

Rescission Rights Enforcing Compromise Agreements In Property Sales

When a buyer defaults on a court-approved compromise agreement, the seller may rescind and enforce the original contract without a separate action.

Ejectment After Contract to Sell Rescission: Demand to Pay Not Required

Supreme Court clarifies that ejectment suits after a rescinded contract to sell do not require a prior demand to pay, only a demand to vacate.

Extrajudicial Rescission of Lease Contracts: What Philippine Law Allows

Philippine Supreme Court clarifies when a lessor may extrajudicially rescind a lease contract without court approval, and the risks involved.

Extrajudicial Rescission of Lease Contracts: What Lessors Should Know

Philippine Supreme Court clarifies that lessors may extrajudicially rescind lease contracts for nonpayment of rent, even without an express contractual provision.

Substantial vs Minor Breach of Contract: What Philippine Law Requires

Philippine law on when a contract breach justifies rescission: substantial vs minor violations explained through a Supreme Court ruling.

Breach OF Contract When Does Failure TO Transfer Title Justify Rescission

Rescission Rights When A Compromise Agreement Fails to Protect Labor Rights in the Philippines

When can workers rescind a compromise agreement? The Supreme Court clarifies rights under Article 2041 of the Civil Code.

Specific Performance vs Rescission: Upholding Contractual Obligations in Land Sales

Philippine Supreme Court clarifies when specific performance prevails over rescission in land sales, protecting the injured party's choice of remedy.

Rescission of Contracts in Philippine Law: The Wellex v. U-Land Case

Learn how Philippine courts handle rescission of contracts through the Wellex v. U-Land case, including fraud, breach, and restitution obligations.

Rescission OF Contract Upholding Landowner Rights Against BAD Faith Purchasers

Contractual Breach Understanding Rescission Rights IN Mining Agreements

Philippine Supreme Court clarifies when a mining operating agreement may be validly rescinded for breach under Article 1191 of the Civil Code.