Text of the provision
Art. 2130. A stipulation forbidding the owner from alienating the immovable mortgaged shall be void.
(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 stipulation forbidding the owner from alienating the mortgaged immovable is void — a mortgage does not freeze the owner's right to sell.
Related provisions
- Article 2129 — Claim Against a Third-Person Possessor.
- Article 2131 — Governing Laws.
Cases citing this article
- Reynaldo K. Litonjua, et al. vs. L & R Corporation, et al, G.R. No. 130722, December 9, 1999 — read the decision on LawPhil →
- Philippine Charity Sweepstakes Office (PCSO) vs. New Dagupan Metro Gas Corporation, et al, G.R. No. 173171, July 11, 2012 — read the decision on LawPhil →
- Spouses Nestor Cabasal and Ma. Belen Cabasal vs. BPI Family Savings Bank, Inc., G.R. No. 233846, November 18, 2020 — read the decision on LawPhil →
- Pablo P. Garcia vs. Yolanda Valdez Villar, G.R. No. 158891, June 27, 2012 — read the decision on LawPhil →
- Manuel Go Cinco and Araceli S. Go Cinco vs. Court of Appeals, et al, G.R. No. 151903, October 9, 2009 — 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.