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Art. 1556.

Should the buyer lose, by reason of the eviction, a part


of the thing sold of such importance, in relation to the whole, that
he would not have bought it without said part, he may demand the
rescission of the contract; but with the obligation to return the
thing without other encumbrances that those which it had when he
acquired it.

He may exercise this right of action, instead of enforcing the


vendor's liability for eviction.

The same rule shall be observed when two or more things have been
jointly sold for a lump sum, or for a separate price for each of them,
if it should clearly appear that the vendee would not have
purchased one without the other. (1479a) Rights of vendee in case
of partial eviction.

-1556 deals with partial eviction while 1554 deals with total eviction
-1556 states that if there is partial eviction, the vendee has the option either to
enforce the vendor's liability for eviction or to demand rescission of the contract.

This rule is applicable---


1. When the vendee is deprived of a part of the thing sold if such part is of such
importance to the whole that he would not have bought the thing without the said
part
2. when two or more things are jointly sold whether for a lump sum or for a separate
price for each, and the vendee would not have purchased one without the other.

*in case the vendee is totally evicted from the thing sold, he cannot avail of the
remedy of recession, because this remedy contemplates that the one demanding it
is able to return whatever he has received under the contract.

Art. 1557. The warranty cannot be enforced until a


final judgment has been rendered, whereby the
vendee loses the thing acquired or a part thereof.
(1480) Final judgment of eviction essential.

-1557 merely reiterates two of the essential elements for the enforcement of
warranty in case of eviction namely:
1. deprivation in whole or in part of the thing sold
2. existence of a final judgment

Art. 1558. The vendor shall not be obliged to make


good the proper warranty, unless he is summoned
in the suit for eviction at the instance of the
vendee. (1481a) formal summons to vendor
essential.

-another essential requisite before a vendor may be legally liable for eviction is that
he should be summoned in the suit for eviction at the instance of the vendee.
-the object of the law is to give him an opportunity to show that the action
interposed against the vendee is unjust and to defend his title that he has
transferred. In the absence of such summons, the vendor is not bound to his
warranty.

Art. 1559. The defendant vendee shall ask, within


the time fixed in the Rules of Court for answering
the complaint, that the vendor be made a co-
defendant. (1482a) vendor to be made co-
defendant.

-the notification required by article 1559 refers to a case where the vendee is the
defendant in a suit instituded to deprived him of the thing purchased.

-the defendant vendee threatened with eviction who wishes to preserve his right of
warranty, would call in the vendor to defend the action which has been instituded
against him to deprive him of the property purchased.

Art. 1560. If the immovable sold should be encumbered with any non-
apparent burden or servitude, not mentioned in the agreement, of such a
nature that it must be presumed that the vendee would not have acquired
it had he been aware thereof, he may ask for the rescission of the
contract, unless he should prefer the appropriate indemnity. Neither right
can be exercised if the non-apparent burden or servitude is recorded in
the Registry of Property, unless there is an express warranty that the
thing is free from all burdens and encumbrances.

Within one year, to be computed from the execution of the deed, the
vendee may bring the action for rescission, or sue for damages.

One year having elapsed, he may only bring an action for damages within
an equal period, to be counted from the date on which he discovered the
burden or servitude. (1483a) Rights of vendee where immovable sold
encumbered with non-apparent burden.

-Although the vendee is not deprived of the thing sold, totally or partially, the
vendee may still rescind the contract or ask for indemnity, if the thing sold should
be encumbered with any non apparent burden or servitude not mentioned in the
agreement, of such a nature that the vendee would not have acquired it had been
aware thereof.
- a servitude or easement is an encumbrance imposed upon an immovable for the
benefit of another immovable belonging to a different owner. An example of an
apparent servitude is a right of way establishing a permanent passage, which is
continually kep in view by external sign. An example of a non-apparent easement is
a party wall which has no exterior sign.
-the lack of knowledge on tha part of the vendor is not a defense. The contract can
still be invalidated on the ground of mistake. When rights of the vendee cannot be
exercised.
1. if the burden or servitude is apparent, that is, "made known and is continually
kep in view by external signs that reveal the use and enjoyment of the same."
2. if the non-apparent burden or servitude is registered
3. if the vendee had knowldge of the encumbrance whether it is registered or not.

-the registration of the non-apparent burden or servitude in the registry of property


operates as a constructive notice to the vendee. Hence, the vendor is relieved from
liability unless there is an express warranty that the immovable is free from any
such burden or encumbrance. If the burden is known to the vendee, there is no
warranty. When action must be brought.
- the action for recission or damages must be brought within one year from the
execution of the deed of sale. if the period has already elapsed, the vendee may
only bring an action for damages within one year from the date of the discovery of
the non-apparent burden or servitude.