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What is Potestative Condition in Naguiat Case about?

This case involves a dispute over a contract for the sale of land where the buyers were given 10 years to pay the balance in installments at 12% annual interest. The seller sought to rescind the contract, arguing the long payment period made the obligation potestative under Article 1182. However, the court found no violation of good faith as required for rescission under Article 1191. It held the contract did not make payment purely dependent on the buyers

Author

Irene Ramilo

Language

EN