Text of the provision
Art. 2137. The creditor does not acquire the ownership of the real estate for non-payment of the debt within the period agreed upon. Every stipulation to the contrary shall be void. But the creditor may petition the court for the payment of the debt or the sale of the real property. In this case, the Rules of Court on the foreclosure of mortgages shall apply.
(1884a)
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 antichretic creditor does not acquire ownership on non-payment (contrary stipulation void) — he may petition for payment or foreclosure sale under the Rules of Court. The pactum-commissorium bar applied to antichresis.
Related provisions
- Article 2136 — Reacquiring the Immovable.
- Article 2138 — Interest Compensated by Fruits.
Cases citing this article
- Sps. Charito M. Reyes and Roberto Reyes, et al. vs. Heir of Benjamin Malance, et al, G.R. No. 219071, August 24, 2016 — read the decision on LawPhil →
- Home Guaranty Corporation vs. La Savoie Development Corporation, G.R. No. 168616, January 28, 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.