Text of the provision
Art. 1580. In the sale of animals with redhibitory defects, the vendee shall also enjoy the right mentioned in article 1567; but he must make use thereof within the same period which has been fixed for the exercise of the redhibitory action.
(1499)
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
In the sale of animals with redhibitory defects, the buyer also has the price-reduction option of Art. 1567, exercisable within the redhibitory period.
Quanti minoris is the Latin label for the alternative remedy under Article 1567: instead of rescinding the sale and returning the animal, the buyer may keep it and ask for a proportionate reduction of the price to account for the defect. This article extends that same election to animal sales, but on a tighter clock than an ordinary buyer might expect — the choice must be made within the same short period fixed for the redhibitory action itself, not any longer period that might apply to warranties on other kinds of goods.
Questions about this provision
- Instead of returning a defective animal, can I keep it and demand a reduction of the price?
- I want a price reduction instead of rescission for a defective animal. Do I have the same forty-day period?
Related provisions
- Article 1579 — Return of the Animal on Rescission.
- Article 1581 — Sale of Large Cattle.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.