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    Difference of Legal and Conventional Redemption

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    Camille Laudato
    Legal Redemption and Conventional Redemption are discussed. Legal Redemption is the statutory right of a party to reacquire property on the same terms as the original transaction. It arises from law rather than agreement. Conventional Redemption is the contractual right of a vendor to reacquire property by returning the sale price and expenses. It is a purely voluntary right created by express contract between parties. Both give parties options to reobtain property previously transferred.

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    Difference of Legal and Conventional Redemption

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    Camille Laudato
    2K views2 pages
    Legal Redemption and Conventional Redemption are discussed. Legal Redemption is the statutory right of a party to reacquire property on the same terms as the original transaction. It arises from law rather than agreement. Conventional Redemption is the contractual right of a vendor to reacquire property by returning the sale price and expenses. It is a purely voluntary right created by express contract between parties. Both give parties options to reobtain property previously transferred.

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    Difference of Legal Redemption from Conventional Redemption.

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    Legal Redemption and Conventional Redemption are discussed. Legal Redemption is the statutory right of a party to reacquire property on the same terms as the original transaction. It arises from law rather than agreement. Conventional Redemption is the contractual right of a vendor to reacquire property by returning the sale price and expenses. It is a purely voluntary right created by express contract between parties. Both give parties options to reobtain property previously transferred.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Difference of Legal and Conventional Redemption

    Uploaded by

    Camille Laudato
    Legal Redemption and Conventional Redemption are discussed. Legal Redemption is the statutory right of a party to reacquire property on the same terms as the original transaction. It arises from law rather than agreement. Conventional Redemption is the contractual right of a vendor to reacquire property by returning the sale price and expenses. It is a purely voluntary right created by express contract between parties. Both give parties options to reobtain property previously transferred.

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    © All Rights Reserved
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    of 2

    Legal Redemption

    (Article 1619-1623)

    It 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.

    Nature of Legal Redemption:


    ● identical with conventional redemption, except for the source of the right – conventional
    redemption arises from the voluntary agreement of the parties; legal redemption
    proceeds from law;
    ● it is not predicated on proprietary right but on a bare statutory privilege to be exercised
    only by the person named in the statute – the statute does not make actual ownership at
    the time of sale or redemption a condition precedent, the right following the person and
    not the property
    ● it is in the nature of a mere privilege created partly for reason 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 inconvenient association.

    Conventional Redemption
    (Article 1601-1618)

    It is the right which the vendor reserves to himself, to reacquire the property sold provided her
    returns to the vendee the price of the sale, the expenses of the contract, any other legitimate
    payments made therefore and the necessary and useful expenses made on the thing sold, and
    fulfills other stipulations which may have been agreed upon.

    Nature of Conventional Redemption:


    ● it is purely contractual because it is a right created, not by mandate of the law, but by
    virtue of an express contract;
    ● it is an accidental stipulation and, therefore, its nullity cannot affect the sale of itself
    since the latter might be entered into without said stipulation;
    ● it is a real right when registered, because it binds third persons;
    ● it is a resolutory condition because when exercised, the right of ownership acquired by
    the vendee is extinguished;
    ● it is potestative because it depends upon the will of the vendor;
    ● it is a power or privilege, not an obligation, that the vendor has reserved for himself;
    ● it is reserved at the moment of the perfection of the contract for if the right to repurchase
    is agreed upon afterwards, there is only a promise to sell which produces different rights
    and effects and is governed by Art. 1479;
    ● the person entitled to exercise the right of redemption necessarily is the owner of the
    property sold and not any third party;
    ● it gives rise to reciprocal obligation that of returning the price of sale and other
    expenses, on the part of the vendor, and that of delivering the property and executing a
    deed of sale therefore, on the part of the vendee

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