Article 1590 and 1591
Article 1590 and 1591
Article 1590 and 1591
Article 1590. Should the vendee be disturbed in the possession or ownership of the thing
acquired, or should he have reasonable grounds to fear such disturbance, by a vindicatory action
or a foreclosure of mortgage, he may suspend the payment of the price until the vendor has
caused the disturbance or danger to cease, unless the latter gives security for the return of the
price in a proper case, or it has been stipulated that, notwithstanding any such contingency, the
vendee shall be bound to make the payment. A mere act of trespass shall not authorize the
suspension of the payment of the price.
When the vendee has no right to suspend the payment of the price
In the following cases, the vendee cannot suspend the payment of the price even if there
is disturbance in his possession or ownership of the thing sold:
1. If the vendor gives security for the return of the price in a proper case;
2. If it has been stipulated that notwithstanding any such contingency, the vendee must
make payment.
3. If the vendor has caused the disturbance or danger to cease;
4. If the disturbance is a mere act of trespass;
5. If the vendee has fully paid the price.
Right of the vendee to demand rescission
If the DISTURBANCE is caused by the existence of a NON-PAYMENT SERVITUDE (Art. 1560),
the remedy is RESCISSION not suspension of payment.
Article 1591. Should the vendor have reasonable grounds to fear the loss of immovable property
sold and its price, he may immediately sue for the rescission of the sale. Should such ground not
exist, the provisions of article 1191 shall be observed (1503)