P.R. Laws tit. 30, § 2359

2019-02-20 00:00:00+00
§ 2359. Transactions or contracts in prejudice to third parties; reasons for not annulling or rescinding

Likewise, transactions or contracts impairing a third party shall not be annulled or rescinded for any of the following reasons:

1st. For revocation of donations in cases permitted by law, except when the donee does not comply with the conditions recorded in the Registry.

2nd. For not having paid all or part of the price of the thing sold or the right conveyed, when said deferment does not appear guaranteed in the registration, as established in § 2309 of this title.

3rd. For the double sale of the same property or right, when one of them was not recorded, except in cases where the recorded acquirer did not act in good faith.

4th. For injury arising from breach of contract in the 1st and 2nd cases in § 3492 of Title 31.

5th. For alienations made to defraud creditors, except those covered in § 2358 of this title.

6th. For the effect of any other actions when the laws permit certain persons to rescind contracts for reasons that do not specifically appear in the Registry.

In any case where the rescinding or resolutory action cannot be taken against a third party in accordance with the provisions in this section, a corresponding action may be exercised for compensation for damages by the person causing them.

History —Mortgage Law, 1979, § 109.