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Category: Sales
Commonly known as the Recto Law. It is embodied in Art. 1484 of the NCC which provides for
the remedies of a seller in the contracts of sale of personal property by installments.
Note: Art. 1484 of the NCC incorporates the provisions of Act No. 4122 passed by the Philippin
e Legislature on Dec. 9, 1939, known as the "Installment Sales Law" or the "Recto Law," which t
hen amended Art. 1454 of the Civil Code of 1889.
This law covers contracts of sale of personal property by installments (Act No. 4122). It is also a
pplied to contracts purporting to be leases of personal property with option to buy, when the l
essor has deprived the lessee of the possession or enjoyment of the thing. (PCI Leasing and Fin
ance Inc. v. Giraffe-X Creative Imaging, Inc., G.R. No. 142618, July 12, 2007)
What are the alternative remedies in case of sale of personal property in installments?
General Rule: If availed of, the unpaid seller cannot anymore choose other remedies;
2. Rescission: Cancel the sale if buyer fails to pay 2 or more installments Deemed chosen when:
General Rule: Actual foreclosure is necessary to bar recovery of balance - Extent of barring effec
t: purchase price
Exception: Mortgagor refuses to deliver property to effect foreclosure; expenses incurred in attor
neys fees, etc.
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