Art. 1619. Legal redemption is the right to be subrogated, upon the same terms and conditions stipulated in the contract, in the place of one who acquires a thing by purchase or dation in payment, or by any other transaction whereby ownership is transmitted by onerous title. (Civil Code)
Define legal redemption (retracto legal).
Legal redemption is the right to be subrogated, upon the same terms and conditions stipulated in the contract, in the place of one who acquires a thing by (1) purchase or (2) dation in payment, or (3) by any other transaction whereby ownership is transmitted by onerous title.
What is the rationale behind the law?
Legal redemption is in the nature of a privilege created by law partly for reasons of public policy and partly for the benefit and convenience of the redemptioner, to afford him a way out of what might be a disagreeable or an inconvenient association into which he has been thrust. (10 Manresa, 4th. Ed., 317.) It is intended to minimize co-ownership. (Fernandez vs Tarun, G.R. No. 143868, November 14, 2002)
What are the different instances of legal redemption recognized in our law?
A. Under the Civil Code
B. Under other laws
A. Under the Civil Code
- Redemption by the other co-owners, or by any or some of them, should a co-owner sell his undivided share to a third person. (Art. 1620, CC)
- Redemption by the other co-heirs, or by any or some of them, should a co-heir sell his hereditary right to a stranger. (Art. 1088, CC)
- Redemption by an owner of adjoining land should the owner of a piece of rural land, the area of which does not exceed one hectare, alienate it to third person. (Art. 1621, CC)
- Redemption by an owner of adjoining land should the owner of a piece of urban land, the area of which is so small and so situated that a major portion thereof cannot be used for any practical purpose within a reasonable time, and which said owner had bought merely for speculation, resell it to a third person. (Art. 1622, CC)
- Redemption by a debtor should the credit or other incorporeal right in litigation be sold by the creditor to a third person. (Art. 1634, CC)
B. Under other laws
- Redemption by the applicant, his widow, and legal heirs within 5 years should a piece of land under a homestead or free patent is alienated to a third person (Sec. 119, Com. Act No. 141)
- Redemption by a judgment debtor within 1 year should real property belonging to him be sold on execution (Sec. 30, Rule 39, Rules of Court).
- Redemption by owner should property belonging to him be sold for delinquent realty taxes (Sec. 376, Rev. Adm. Code).
- Redemption by mortgagor within one year should his mortgaged property be foreclosed and subsequently sold (Sec. 3, Rule 68, Rules of Court).
References:
Desiderio P. Jurado, Civil Law Reviewer
Cesar L. Villanueva, Law on Sales
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