Basic Duty Of The Lessor In Relation To The Lessee
Category: Obligations and Contracts
Basic Duty Of The Lessor In Relation To The Lessee
The lessor must see that the enjoyment is not interrupted or disturbed, either by others’ acts x x x or by his own. By his own acts, because, being the person principally obligated by the contract, he would openly violate it if, in going back on his agreement, he should attempt to render ineffective in practice the right in the thing he had granted to the lessee; and by others’ acts, because he must guarantee the right he created, for he is obligated to give warranty in the manner set forth in Article 1553, and, in this sense, it is incumbent upon him to protect the lessee in the latter’s peaceful enjoyment. (Manresa; CMS Investment & Mgt. Corp. v. IAC, 139 SCRA 75 (1985; Goldstein v. Roces, 34 Phil. 562 (1916); Barcero v. Capitol Dev’t. Corp., G.R. No. 154765, March 29, 2007).
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Basic Duty Of The Lessor In Relation To The Lessee
Category: Obligations and Contracts
Basic Duty Of The Lessor In Relation To The Lessee
The lessor must see that the enjoyment is not interrupted or disturbed, either by others’ acts x x x or by his own. By his own acts, because, being the person principally obligated by the contract, he would openly violate it if, in going back on his agreement, he should attempt to render ineffective in practice the right in the thing he had granted to the lessee; and by others’ acts, because he must guarantee the right he created, for he is obligated to give warranty in the manner set forth in Article 1553, and, in this sense, it is incumbent upon him to protect the lessee in the latter’s peaceful enjoyment. (Manresa; CMS Investment & Mgt. Corp. v. IAC, 139 SCRA 75 (1985; Goldstein v. Roces, 34 Phil. 562 (1916); Barcero v. Capitol Dev’t. Corp., G.R. No. 154765, March 29, 2007).
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
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