Property Law: Co-ownership and Redemption Rights

Each one of the co-owners of an undivided immovable whole may sold his share separately for the whole of the right of repurchase as regards his own share, and the vendee may redeem independently the whole, if their thing be undivided or been partitioned against each of them exercising the right of redemption for its redemption among them.

In Redemption against the vendee, the vendor may bind the whole, or the vendee may bind him, for the proper value of the thing against the vendee's whole right to repurchase. If the Redemption be made by the vendee, he may bind the whole and the vendor shall not be entitled to redeem, even if the price of the sale of the whole be greater than the price that the vendor had received for his share.

The price of the repurchase may be stipulated in the contract of sale.

The expenses and other legitimate expenses necessary to the vendee are not those which must be repaid to the vendee to return to the vendor, but are incident to the vendee's possession and enjoyment of the thing.

The simple and ordinary necessary expenses are not considered a charge because it is a charge against the payment of real estate tax, nor is it a retro-useful.

If it was just the vendor who should bear the expense of the visible or growing thing, then it is that expenditure which was deducted from all charges on the land, by the vendor when he sold the thing.

The vendor cannot recover the expenses they have incurred since the thing was sold.

When the vendor recovers the right to repurchase the thing from the vendee or is substituted by the vendor, the vendee shall receive it free from all charges or modifications which constitute the thing sold.

The vendor has the right to transfer ownership to the vendee although subject to the subrogation of payment, and the vendee is subjected to the same terms and conditions stipulated in the payment or acceptance of the transmission of the ownership of the thing due to the creditor as agreed upon the performance of an obligation.

The debt in the redemption is not equivalent of the same terms and conditions stipulated in the payment, but is also there that only a mortgage place not only in the purchase or in the payment but also in the redemption to make lease.

The vendor may exercise his right of repurchase against the vendee, although subject to the subrogation to the creditor of the thing, and the vendee shall pay, in such a case, only the price that was stipulated in the contract to the vendor, for the thing or the property that was transferred to him.

The vendor cannot compel the vendee to reimburse him for the expenses that the vendee has incurred in acquiring the thing, but all expenses must be borne by the vendee.

If the execution of the sale there should be a reimbursement for those existing fruits of the property or proration of time, the purchaser is not entitled to receive the amount of those fruits until the date of payment on account of the stipulated price.

The vendor must be reimbursed by the vendee, upon the action of the vendee to be subrogated, for all expenses incurred by the vendor while the thing was in the possession of the vendee, for the purpose of maintaining the thing in good condition and for all the necessary expenses to be incurred by the vendor to take possession of the thing.

When a vendor leases and mortgages the thing to the vendee, the vendor cannot be subrogated to the vendor's position, but the vendor can subrogate to the vendor's position in case the sale took place only in form and the thing remains actually under the possession of the vendee, if the vendee has agreed to pay according to the lease to the vendor, only for the enjoyment of the thing.

The vendor is subrogated to the vendor's position, if the payment of the redemption has not been made by the vendee, when the vendee subrogates his rights to a third party or does a new act that relates to the thing the vendor has the right to redeem.

Each one of the co-owners of an undivided immovable whole may sell his share separately, the vendee cannot compel the vendor to reimburse him for the expenses incurred in acquiring the thing, although subject to the subrogation to the creditor of the thing

If the vendor has the right to repurchase, the vendor can compel the vendee to reimburse him for the expenses that the vendee has incurred in acquiring the thing.

The vendor does not have the right to repurchase, unless otherwise stipulated in the contract.

The right to repurchase can be subrogated to a third party.

An owner of a thing cannot repurchase it from the vendee.

The owner of a thing can compel the vendee to sell back the thing to them.

The vendor can compel the vendee to sell back the thing to them.

The vendee cannot compel the vendor to sell back the thing to them.

The vendor can redeem the thing from the vendee only if the thing is indivisible.

The vendor cannot compel the vendee to sell back the thing to them, if the thing has been partitioned.

The vendee can redeem only the whole thing, from the vendor.

The vendee can compel the vendor to sell back only the whole thing to them.

Co-ownership & Repurchase

Multiple Heirs Redemption

Heir & Divided Property

Redemption Against Heirs

Necessary Expenses & Redemption

Ordinary Expenses & Responsibility

Useful Expenses & Redemption

Real Estate Tax & Responsibility

Fruits During Redemption

Vendor's Right Upon Redemption

Vendee's Subrogation

Dation in Payment & Ownership

Legal Redemption & Contract Terms

What is Dation in Payment?

Legal Redemption Scenarios

Payment/Performance

Loss of the Thing Due

Condonation/Remission

Consolidation/Confusion/Merger

Compensation

Novation

Annulment

Rescission

Conventional Redemption

Legal Preemption