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ORDUÑA, ET AL. VS. FUENTEBELLA, ET AL., G.R. No. 176841, June 29, 2010:
“The Statute of Frauds, in context, provides that a contract for the sale of real property or of an interest therein shall be unenforceable unless the sale or some note or memorandum thereof is in writing and subscribed by the party or his agent.”
“However, where the verbal contract of sale has been partially executed through the partial payments made by one party duly received by the vendor, as in the present case, the contract is taken out of the scope of the Statute.”
Article 1403, Civil Code of the Philippines:
“In the following cases an agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents:
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“(e) An agreement of the leasing for a longer period than one year, or for the sale of real property or of an interest therein;”
Негізгі бет VERBAL OR ORAL AGREEMENT IN LAND PURCHASE - ENFORCEABLE BY COURT ACTION?
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