Text of the provision
Art. 2041. If one of the parties fails or refuses to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand.
(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
If a party refuses to abide by the compromise, the other may enforce it or treat it as rescinded and revive the original demand. A key remedy on breach of a settlement.
Related provisions
- Article 2040 — Compromise Ignorant of a Final Judgment.
- Article 2042 — Submission to Arbitration.
Cases citing this article
- Reynaldo Inutan, et al. vs. Napar Contracting & Allied Services, G.R. No. 195654, November 25, 2015 — read the decision on LawPhil →
- Crisanta Alcaraz Miguel vs. Jerry D. Montanez, G.R. No. 191336, January 25, 2012 — read the decision on LawPhil →
- Conchita A. Sonley vs. Anchor Savings Bank/Equicom Savings Bank, G.R. No. 205623, August 10, 2016 — read the decision on LawPhil →
- Estate of Salud Jimenez vs. Philippine Export Processing Zone, G.R. No. 137285, January 16, 2001 — read the decision on LawPhil →
- Benigno M. Salvador vs. Jorge Z. Ortoll, G.R. No. 140942, October 18, 2000 — 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.