Text of the provision
Art. 1545. Where the obligation of either party to a contract of sale is subject to any condition which is not performed, such party may refuse to proceed with the contract or he may waive performance of the condition. If the other party has promised that the condition should happen or be performed, such first mentioned party may also treat the nonperformance of the condition as a breach of warranty. Where the ownership in the thing has not passed, the buyer may treat the fulfillment by the seller of his obligation to deliver the same as described and as warranted expressly or by implication in the contract of sale as a condition of the obligation of the buyer to perform his promise to accept and pay for the thing.
(n)
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
Where a party's obligation is subject to a condition that fails, he may refuse to proceed or waive it; if the other party promised the condition would happen, its non-performance may be treated as a breach of warranty.
Related provisions
- Article 1544 — Double Sale.
- Article 1547 — Implied Warranties (Title and Against Hidden Defects).
Cases citing this article
- Development Bank of the Philippines vs. Ben P. medrano and Privatization Management Office, G.R. No. 167004, February 7, 2011 — read the decision on LawPhil →
- Vicente Lim, et al. vs. Court of Appeals, et al, G.R. No. 118347, October 24, 1996 — read the decision on LawPhil →
- Rolando T. Catungal, et al. vs. Angel S. Rodriguez, G.R. No. 146839, March 23, 2011 — read the decision on LawPhil →
- Power Commercial & Industrial Corp. vs. Court of Appeals, et al, G.R. No. 119745, June 20, 1997 — read the decision on LawPhil →
- Manila Mining Corporation vs. Miguel Tan Doing Business Under the name and style of Manila Mandarin Marketing, G.R. No. 171702, February 12, 2009 — 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.