Text of the provision
Art. 1540. If, in the case of the preceding article, there is a greater area or number in the immovable than that stated in the contract, the vendee may accept the area included in the contract and reject the rest. If he accepts the whole area, he must pay for the same at the contract rate.
(1470a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
If the immovable has a greater area than stated in a unit-price sale, the buyer may accept the contracted area and reject the excess, or accept the whole and pay for it at the contract rate.
Related provisions
- Article 1539 — Sale of Realty by Unit of Measure.
- Article 1541 — Application to Judicial Sales.
Cases citing this article
- Dasmariñas T. Arcaina and Magnani T. Banta vs. Noemi L. Ingram, represented by Ma. Nenette L. Archinue, G.R. No. 196444, February 15, 2017 — read the decision on LawPhil →
- Josefina L. Valdez, et al. vs. Court of Appeals, et al, G.R. No. 140715, September 24, 2004 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.