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Article 1583

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments.

Official text — RA 386

Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments.

Where there is a contract of sale of goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses without just cause to take delivery of or pay for one or more instalments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken. (n)

Source: lawphil.net (RA 386 as amended)

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