Text of the provision
Art. 1879. A special power to sell excludes the power to mortgage; and a special power to mortgage does not include the power to sell.
(n)
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 special power to sell does not include the power to mortgage, and vice versa — each is a distinct act of dominion.
Questions about this provision
Related provisions
- Article 1878 — Acts Requiring a Special Power of Attorney.
- Article 1880 — Compromise vs. Arbitration.
Cases citing this article
- Luzviminda Palo vs. Spouses Rey C. Baquirquir, G.R. No. 228919, August 23, 2023 — read the decision on LawPhil →
- Spouses Benito Baysa and Victoria Baysa vs. Spouses Fidel Plantilla and Susan Plantilla, etc, G.R. No. 159271, July 13, 2015 — 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.