Text of the provision
Art. 1614. Each one of the co-owners of an undivided immovable who may have sold his share separately, may independently exercise the right of repurchase as regards his own share, and the vendee cannot compel him to redeem the whole property.
(1516)
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
A co-owner who sold his share separately may redeem only his own share, and the buyer cannot force him to redeem the whole.
This article addresses a different situation from joint sales made in a single contract: here, each co-owner sold his own share on his own, in what amounts to a separate transaction. Because the sales were independent to begin with, the redemption rights that come with them stay independent too — each co-owner may buy back only what he personally sold, on his own timetable and by his own decision. The buyer cannot flip that logic around and insist that a co-owner either redeem the entire property or none of it, since the buyer never sold the property as a single undivided unit in the first place.
Questions about this provision
- I sold my undivided share of a lot separately. Can I exercise the right to repurchase for my share only?
- I sold only my co-ownership share with right to repurchase, can the buyer force me to redeem the whole property?
Related provisions
- Article 1612 — Joint Sellers' Redemption Limited to Their Share.
- Article 1615 — Redemption Against a Vendee's Heirs.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.