Q. A is the owner of a parcel of land. He entered into a contract to sell with B with an obligation to pay the price within one (1) year. B failed to pay. State the effect of non-payment. (Solved)
1. The contract is rescissible, for failure of B to pay.
2. The contract is void for failure to pay the price.
3. A does not need to perform an act of rescission because the payment of the price is a positive suspensive condition, the happening of which would result in A executing the deed of sale.
4. A can go to court and compel B to pay.
- c. A does not need to perform an act of rescission because the payment of the price is a positive suspensive condition, the happening of which would result in A executing the deed of sale.