Example creation etc of real rights over immovable

EXAMPLE:
Creation, etc. of real rights over immovable property.
As security for his debt, R mortgaged his land to E. This mortgage must appear in a public
document. The extinguishment of the mortgage, upon payment of the debt by R, must likewise

appear in a public document. Sales of real property or an interest therein are governed by the
Statute of Frauds.
Cession or renunciation of hereditary rights or of those of conjugal partnership of gains.
S and D are the heirs of F, their deceased father. S, being financially stable, renounces his share
in the inheritance. This renunciation must appear in a public instrument.
Power to administer property.
P is leaving for the United States to study for two (2) years. He appoints A to manage his
property. In this case, the authority of A to administer the property of P must appear in a public
document.
Cession of actions or rights.
R mortgaged his land to E to secure the payment of a debt. This mortgage appears in a public
document. The cession by E of his right, as mortgagee, to T, must also be in a public document.
CHAPTER 4 – Reformation of Instruments (n)
Article 1359.
When, there having been a meeting of the minds of the parties to a contract, their true
intention is not expressed in the instrument purporting to embody the agreement, by
reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for
the reformation of the instrument to the end that such true intention may be expressed.
If mistake, fraud, inequitable conduct, or accident has prevented a meeting of the minds of
the parties, the proper remedy is not reformation of the instrument but annulment of the
contract.
Reformation is the remedy by means of which a written instrument is amended or corrected to
express the real agreement or intention of the parties when by reason of mistake, fraud,
inequitable conduct, or accident, the instrument fails to express such agreement or intention.

Example:
A sold his land to B . It was agreed that the sale will include all the improvements. However, the
contract as signed by the parties, stated that the land is being sold excluding the improvements
thereon. In this case, the remedy is reformation because there has been a meeting of the minds.
Requisites of Reformation
1. There must have been a meeting of the minds upon the contract;
2. The instrument or document evidencing the contract does not express the true agreement
between the parties;
3. The failure of the instrument to express the agreement must be due to mistake, fraud,
inequitable conduct, or accident
Example:
If A was selling his land “excluding” the improvements and B was buying his land “including”
the improvements, then, there has been no meeting of the minds and the remedy therefore,
is annulment .
Article 1360.
The principles of the general law on reformation of instruments are hereby adopted
insofar as they are not in conflict with the provisions of this Code.