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.

A. The contract is rescissible, for failure of B to pay.
B. The contract is void for failure to pay the price.
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.
D. A can go to court and compel B to pay.
Answer» 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.
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