3052

The right to rescind the obligations is considered as implied in mutual ones, in case one of the obligated persons does not comply with what is incumbent upon him.\nThe person prejudiced may choose between exacting the fulfilment of the obligation or its rescission, with indemnity for damages and payment of interest in either case. He may also demand the rescission, even after having requested its fulfilment, should the latter appear impossible.\nThe court shall order the rescission demanded, unless there are sufficient causes authorizing it to fix a period.\nThis is understood without prejudice to the rights of third acquirers, in accordance with §§ 3496 and 3499 of this title, and with the provisions of the Mortgage Law and of the Property Registry, §§ 2001 et seq. of Title 30.\nHistory —Civil Code, 1930, § 1077.