Text of the provision
Art. 1638. By the contract of barter or exchange one of the parties binds himself to give one thing in consideration of the other's promise to give another thing.
(1538a)
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
By barter (exchange), each party binds himself to give one thing in consideration of the other's promise to give another thing. It is governed largely by the rules on sale.
Questions about this provision
Related provisions
- Article 1635 — Exceptions to Redemption of a Litigated Credit.
- Article 1639 — Barter: Thing Not Owned by the Giver.
Cases citing this article
- Heirs of Jose Peñaflor vs. Heirs of Artemio and Lydia Dela Cruz, G.R. No. 197797, August 9, 2017 — 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.