Publisher's Note

  • Publisher’s Note

    by C.K. Now that winter is over and spring had finally sprung, it’s time to spend more outdoors than indoor activities.  I’m  sure that even the pets we have wants to wonder around in this wonderful weather.  I just got a glimpse of the crocuses on our rock garden and a few perennials  coming back from [...]

    Read full post »


Visitors to Pinoytimes





Page added on July 20, 2011

Email this to a friendEmail This Post Email This Post                      Printable versionPrint This Post Print This Post

CAN A BUYER OF A PROPERTY UNDER A LEASE CONTRACT IGNORE THE OBLIGATION OF THE PREVIOUS OWNER?

-Atty. Ferdie Aguirre

(About the writer: G. Ferdinand (Ferdie) Aguirre has more than 20 years of combined experience as a legal professional in the Philippines and in Canada.  After graduating from the Ateneo de Manila College of Law in 1987 and passing the Bar given that year, he has held the following positions in the Philippine Corporate world: Asst. Senior Vice President of the Philippine National Bank, Senior Manager of the Law Division of the Metropolitan Bank & Trust Company and as Chief Legal Counsel of Unibancard.  His private practice included having successfully handled several major cases and being included in the Philippine case books.  Ferdie Aguirre was also a professor of Political Science and Business Law before migrating to Ontario Canada in 2005 where worked as a Paralegal. He is presently a Court Agent & a Commissioner of Oaths in Alberta and is now working on his admission to the Alberta Bar.  Ferdie Aguirre may be reached at (403) 6131168 /403 4747168 or at pilipinolegalservices@yahoo.ca)

CAN A BUYER OF A PROPERTY UNDER A LEASE CONTRACT IGNORE THE OBLIGATION OF THE PREVIOUS OWNER?

Hank and Felix entered into a 15 year lease contract whereby Felix allowed  Hank to occupy his commercial property in Hagonoy Bulacan. Upon the insistence of Hank the lease was registered  in the title of the property. Two years after executing the lease, Felix died and his sons inherited the land..

Less than a year after inheriting the land, the heirs of Felix  immediately instituted an  action to evict Hank claiming  that they were not bound by the contract  because they were  a party to it.  They also claim that the death of Felix, terminated the contract hence Hank no  longer had no right to  the property

HEIRS CANNOT EVICT HANK

Under Article 1311 of the Civil Code, the heirs are bound by the contracts entered into by their predecessors-in-interest except when the rights and obligations therein are not transmissible by their nature, by stipulation or by provision of law. A contract of lease is, therefore, generally transmissible to the heirs of the lessor or lessee. It involves a property right and, as such, the death of a party does not excuse non-performance of the contract.[1][29] The rights and obligations pass to the heirs of the deceased and the heir of the deceased lessor is bound to respect the period of the lease.[2][30] Consequently, the successors-in-interest of the lessee are entitled to the benefits, while that of the lessor are burdened with the duties and obligations, which said covenants conferred and imposed on the original parties. LLENADO vs. LLENADO G.R. No. 145736: March 4, 2009

(Legal Disclaimer: This article is designed for general information only. The information presented at this site should not be construed to be neither formal legal advice nor the formation of a lawyer/client relationship.)










RELATED STORIES

  • No Related Post


LATEST HEADLINES

COMMUNITY NEWS

FCSC Spring Birthday Bash thumbnail FCSC Spring Birthday Bash
MISS EARTH ALBERTA 2018 thumbnail MISS EARTH ALBERTA 2018
Health Minister Hoffman gets to know more about Medicus, the clinic with `malasakit’ thumbnail Health Minister Hoffman gets to know more about Medicus, the clinic with `malasakit’
Cities and Scientific Community unite to plan an ambitious new climate change agenda Global Mayors Summit lays the groundwork for science based, action-oriented policies at the city level to combat climate change. thumbnail Cities and Scientific Community unite to plan an ambitious new climate change agenda Global Mayors Summit lays the groundwork for science based, action-oriented policies at the city level to combat climate change.

PINOY STORIES

National Youth Commission triples consultancy fees, foreign travel expenses under Aiza Seguerra thumbnail National Youth Commission triples consultancy fees, foreign travel expenses under Aiza Seguerra

HAVE YOUR SAY

HAVE YOUR SAY Lorem ipsum dolor sit amet, consectetur adipiscing elit, dolor sit ipsum.

PROMOTIONAL BLOCK

PROMOTIONAL BLOCK Lorem ipsum dolor sit amet, consectetur adipiscing elit, dolor sit ipsum.

TRAVEL NEWS



PINOY TOONS


Tags