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Law Article 1485-1488

The document discusses provisions from Articles 1485-1488 of Philippine contract law. Article 1485 states that contracts intended as personal property leases with purchase options will be treated as sales if the lessee is deprived of possession. Article 1486 allows stipulations forfeiting paid installments or rent in property sales/lease-options to be valid unless unreasonable. Article 1487 says the vendor bears execution and registration expenses unless otherwise agreed. Article 1488 notes expropriation of property for public use is governed by special laws like Rule 67 of the Rules of Court concerning eminent domain.

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John Lexter Macalber
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2K views1 page

Law Article 1485-1488

The document discusses provisions from Articles 1485-1488 of Philippine contract law. Article 1485 states that contracts intended as personal property leases with purchase options will be treated as sales if the lessee is deprived of possession. Article 1486 allows stipulations forfeiting paid installments or rent in property sales/lease-options to be valid unless unreasonable. Article 1487 says the vendor bears execution and registration expenses unless otherwise agreed. Article 1488 notes expropriation of property for public use is governed by special laws like Rule 67 of the Rules of Court concerning eminent domain.

Uploaded by

John Lexter Macalber
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Article 1485

The preceding article shall be applied to contracts intending to be leases of personal property with
option to buy, when the lessor has deprived the lessee of the possession or enjoyment of the thing.

Lease of Personal Property with option to Buy.

The evident purpose of Article 1485 is to prevent vendors from resorting to this form of contract
which, usually, in reality a contract of sale of personal property payable in installments in violation of the
provisions of Article 1484.

Article 1486

In the cases referred to in two preceding articles, a stipulation that the installments or rents paid shall
not be returned to the vendee or lessee shall be valid insofar as the same may not be unconscionable
(unreasonable) under the circumstances.

Stipulation authorizing forfeiture of Installments or rents paid.

In sales of personal property by installments or leases of personal property with option to buy,
the parties may stipulate that the installments or rents paid are not to be returned. It is valid as long as
it is reasonable under the circumstances, otherwise the court has the power to order the return of a
portion of the paid installments.

Article 1487

The expenses for the execution and registration of the sale shall be borne by the vendor, unless there
is a stipulation to the contrary.

Expenses for the Execution and Registration.

The vendor shall pay for all the expenses for the execution and registration in the absence of
any agreement.

Expenses incurred subsequent to the transfer of title are to be borne by the buyer, unless
caused by the seller.

Article 1488

The expropriation of property for public use is governed by special laws.

Expropriation of property for public use.

The procedure for the exercise of the power of eminent domain is provided for in Rule 67 of the Rules of
Court. Expropriation must be decreed by competent authority and for public use and always upon
payment of just compensation.

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