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What is recto law?

Updated: 10/27/2022
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Article 1484 incorporates Act No. 4122 better known as "Recto law" or installment sales law, in which the vendor can exercise the following remedies.

1. Exact fulfillment, should the buyer failed to pay any installments

2. Cancel the sale, should the buyer's failure to cover two or more installments

3. Foreclose the chattel mortgage on the thing sold if one is constituted, should the buyer's failure to cover two or more installments.

*The remedies are recognized as alternatives and not cumulative, should the buyer chose to foreclose the chattel mortgage he/she cannot exercise the other two remedies

*The rationale of the law is to prevent the abuses in terms of chattel mortgages where the buyer can buy the property at a lower price in the foreclosure sale. It also aims to correct the evil created by desire for luxury by means of buying personal property without sufficient means

*The provision is also applicable to financing transactions derived or arising from sale of movables on installments.

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