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     Lex Traditia




    Specific Performance, availed of in Breach of Contract. Non-payment of purchase price in Contract to Sell,
    not give rise to Specific Performance.   Evidently, before the remedy of specific performance may be
    availed of, there must be a breach of the contract. Under a contract to sell, the title of the thing to be sold
    is retained by the seller until the purchaser makes full payment of the agreed purchase price. Such
    payment is a positive suspensive condition, the non-fulfillment of which is not a breach of contract but
    merely an event that prevents the seller from conveying title to the purchaser. The non-payment of the
    purchase price renders the contract to sell ineffective and without force and effect. Thus, a cause of
    action for specific performance does not arise. (AYALA LIFE ASSURANCE vs. RAY BURTON
    DEVELOPMENT CORPORATION, G.R. No. 163075, January 23, 2006)

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  EO 52, PD 46, PD 1602, PD 1613, RA 7796, RA 7844, RA 7975, RA 8369, RA 8533, RA 8552, RA 8559, RA 8560, RA 8791, RA 9225, RA 9255,
  AO 01, s. 2002 (PHILCOA), RA 8048

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