Extinguishment

of
Sales
(Article 1614-1623)
 ARTICLE 1614
Each one of the co-owners of an undivided
immovable who may have sold his share
separately, may independently exercise the
right of repurchase as regards his own
share, and the vendee cannot compel him to
redeem the whole property.
 ARTICLE 1615
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.
 ARTICLE 1616
The vendor cannot avail himself of the right of
repurchase without returning to the vendee the
price of the sale, and in addition:

(1) The expenses of the contract, and any other

legitimate payments made by reason of the sale;
(2) The necessary and useful expenses made on
the thing sold.
 ARTICLE 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 indemnity 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.
 ARTICLE 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 custom of the
place where the land is situated.
 ARTICLE 1619
Legal redemption is the right to be
subrogated, upon the same terms and
conditions stipulated in the contract, in the
place of one who acquires a thing by
purchase or dation in payment, or by any
other transaction whereby ownership is
transmitted by onerous title.
 ARTICLE 1620
A co-owner of a thing may exercise the right of redemption
in case the shares of all the other co-owners or of any of
them, are sold to a third person. If the price of the
alienation is grossly excessive, the redemptioner shall pay
only a reasonable one.

Should two or more co-owners desire to exercise the right

of redemption, they may only do so in proportion to the
share they may respectively have in the thing owned in
common.
 ARTICLE 1621
The owners of adjoining lands shall also have the right of redemption
when a piece of rural land, the area of which does not exceed one
hectare, is alienated, unless the grantee does not own any rural land.

This right is not applicable to adjacent lands which are separated by

brooks, drains, ravines, roads and other apparent servitudes for the
benefit of other estates.

If two or more adjoining owners desire to exercise the right of

redemption at the same time, the owner of the adjoining land of smaller
area shall be preferred; and should both lands have the same area, the
one who first requested the redemption.
 ARTICLE 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 re-sold, 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 pre-emption or redemption, the owner whose intended use of the
land in question appears best justified shall be preferred.
 ARTICLE 1623
The right of legal pre-emption or redemption shall not be
exercised except within thirty days from the notice in writing
by the prospective vendor, or by the vendor, as the case
may be. The deed of sale shall not be recorded in the
Registry of Property, unless accompanied by an affidavit of
the vendor that he has given written notice thereof to all
possible redemptioners.

The right of redemption of co-owners excludes that of

adjoining owners.