Text of the provision
Art. 1635. From the provisions of the preceding article shall be excepted the assignments or sales made:
(1) To a co-heir or co-owner of the right assigned;
(2) To a creditor in payment of his credit;
(3) To the possessor of a tenement or piece of land which is subject to the right in litigation assigned.
(1536)
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
The buyer's right to extinguish a credit in litigation by reimbursing the assignee does not apply to assignments made to a co-heir/co-owner, a creditor in payment, or the possessor of the tenement subject to the litigated right.
Related provisions
- Article 1632 — Fruits Already Received by the Seller of an Inheritance.
- Article 1638 — Barter or Exchange Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.
Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.