Page 339 - Important Provisions of The New Civil Code

Article 1383. The action for rescission is

subsidiary; it cannot be instituted except when

the party suffering damage has no other legal

means to obtain reparation for the same. (1294)

Article 1385. Rescission creates the obligation

to return the things which were the object of

the contract, together with their fruits, and the

price with its interest; consequently, it can be

carried out only when he who demands

rescission can return whatever he may be

obliged to restore.

Neither shall rescission take place when the

things which are the object of the contract are

legally in the possession of third persons who

did not act in bad faith.

In this case, indemnity for damages may be

demanded from the person causing the loss.