Text of the provision
Art. 1555. When the warranty has been agreed upon or nothing has been stipulated on this point, in case eviction occurs, the vendee shall have the right to demand of the vendor:
(1) The return of the value which the thing sold had at the time of the eviction, be it greater or less than the price of the sale;
(2) The income or fruits, if he has been ordered to deliver them to the party who won the suit against him;
(3) The costs of the suit which caused the eviction, and, in a proper case, those of the suit brought against the vendor for the warranty;
(4) The expenses of the contract, if the vendee has paid them;
(5) The damages and interests, and ornamental expenses, if the sale was made in bad faith.
(1478)
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
On eviction with warranty, the buyer may demand the thing's value at eviction, the fruits he had to deliver, the costs of suit, the contract expenses, and (if the sale was in bad faith) damages and ornamental expenses.
Related provisions
- Article 1554 — Effect of Waiver of Warranty.
- Article 1556 — Partial Eviction.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.