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ART.

1612 - 1613 vendee a retro with respect only to


their respective shares, whether the
Redemption in joint sale by co-owners/co-
thing be undivided or it has been
heirs of undivided immovable.
partitioned among them.
(1) The co-owners of an undivided  If by partition the entire property has
immovable sold by them jointly or been adjudicated to one of the heirs,
collectively and in the same contract with the the vendor can exercise the right to
right to repurchase, can exercise such right redeem against said heir for the
only as regards their respective shares. whole.
(2 Co-heirs of the vendor can exercise the
right of redemption only for the respective
ART. 1616.
portions they have inherited.
Obligation of vendor a retro in case of
(3) The vendee a retro can refuse partial
redemption.
redemption. He may require all the vendors
or all the heirs to redeem the entire property He must return to the vendee a retro:
or to agree to its redemption by any one of
them. (1) The price.
a. “price of the sale” and not the
(4) The right of a co-owner who chooses not value of the thing
to redeem accrues to the benefit of the others. (2) Expenses of contract and other
legitimate expenses.
Effect of redemption by co-owner of entire
a. Necessary expenses – those
property.
incurred for the preservation
 A co-owner cannot redeem more than of the thing or to prevent
his share in the co-ownership. waste, deterioration or loss of
 The redemption by a co-owner of the the thing
property in its entirety, shouldering b. Useful expenses – those
the expenses therefor, does not make which increase the value of
him the owner of all of it. the thing or create
 In other words, it does not put to end improvements thereon
the existing state of co-ownership. Offer to redeem must be bona fide.
Offer must be a bona fide one and
ART. 1614. accompanied by an actual and simultaneous
tender of payment or consignation of the full
Redemption in separate sales by co-owners amount agreed upon for repurchase
of undivided immovable.
 If the sale was made separately and
independently, it would be unjust to ART. 1617.
require the co-owners, to come to an Right of parties as to fruits of land.
agreement with regard to the
repurchase of the thing sold. (1) If there were fruits at the time of
 It would be worse to deprive them of the sale and the vendee paid for them,
their right in case they fail to agree. he must be reimbursed at the time of
redemption as the payment forms part
of the purchase price.
ART. 1615. (2) If no indemnity was paid by the
Redemption against heirs of vendee. vendee, there shall be no
reimbursement for those existing at
 The vendor a retro can exercise the the time of redemption.
right to redeem against the heirs of the
(3) If the property had no fruits at the
time of the sale and some exist at the
time of redemption, they shall be
apportioned proportionately between
the redemptioner and the vendee,
giving the latter a share in proportion
to the time he possessed the property
during the last year counted from the
anniversary of the date of the sale to
compensate the vendee for his
expense.
The same rule, it is believed, is also
applicable if there were fruits at the time of
the sale and the vendee paid for them.

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