Property Law: Co-ownership and Redemption Rights
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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.

True

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.

False

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

True

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.

<p>False</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

Study Notes

Co-ownership and Redemption Rights

  • Co-owners of undivided property can independently exercise repurchase rights on their individual shares.
  • Vendee cannot compel co-owner to redeem entire property.
  • If a vendee dies, heirs are each individually responsible for the whole of the redemption right.
  • Vendee a retro's heirs must return the purchase price and necessary expenses.
  • Ordinary and simple preservation expenses are the vendee a retro's responsibility.
  • Necessary and useful expenses must be returned to the vendee a retro.
  • Real estate taxes are considered a property charge and are not refundable expenses.
  • Fruits existing at the time of sale are pro-rated or reimbursed on redemption.
  • Vendor regains property free of subsequent mortgages or leases placed on the property.

Dation in Payment

  • Transfers ownership as a payment in lieu of debt performance.
  • Same terms and conditions apply in lieu of debt performance.
  • Right of redemption applies, despite method of payment.
  • Legal redemption covers mortgages or leases.

Extinction of Contracts

  • Payment, Loss of Thing Due, Condonation/Remission of Debt, Consolidation/Confusion/Merger, Annulment, Rescission, Conventional Redemption, Legal Redemption are 10 modes of extinction.

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Description

Explore the intricacies of co-ownership and redemption rights in property law. This quiz delves into the responsibilities of co-owners, the implications of a vendee's death, and the specifics surrounding redemption rights and necessary expenses.

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