In this case he shall be obliged to give an acquittance for his entire claim. In ejectment cases where an appeal is taken the remedy granted in article 539, second paragraph, shall also apply, if the higher court is satisfied that the lessee's appeal is frivolous or dilatory, or that the lessor's appeal is prima facie meritorious. (n). All property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to the husband or to the wife. (n), Article 1298. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should take place. However, such contract may be renewed from year to year. If the testator should institute his brothers and sisters, and he has some of full blood and others of half blood, the inheritance shall be distributed equally unless a different intention appears. (1) When it is made in compliance with a legal obligation; (2) When it takes place on the occasion of any calamity, such as fire, storm, flood, pillage, shipwreck, or other similar events. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. (956a), Article 1014. When a contributor has rightfully received the return in whole or in part of the capital of his contribution, he is nevertheless liable to the partnership for any sum, not in excess of such return with interest, necessary to discharge its liabilities to all creditors who extended credit or whose claims arose before such return. (1445a), Article 1459. (1832), Article 2061. When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered. Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code. (808a). Article 1455. (920a), Article 968. Conditions imposed by the testator upon the heirs shall be governed by the rules established for conditional obligations in all matters not provided for by this Section. Article 7. These donations are governed by the rules on ordinary donations established in Title III of Book III, except as to their form which shall be regulated by the Statute of Frauds; and insofar as they are not modified by the following articles. (1433a). Article 1985. (1119). (2) Prior to the time when the limited partner became such, the business has been carried on under a name in which his surname appeared. The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute the property, or in their default, to those mentioned in article 1030. The following must appear in a public document: (1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein are governed by articles 1403, No. If a third party secures an obligation by pledging his own movable property under the provisions of article 2085 he shall have the same rights as a guarantor under articles 2066 to 2070, and articles 2077 to 2081. Article 2176. (n), Article 90. In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title. If, in the case of the preceding article, there is a greater area or number in the immovable than that stated in the contract, the vendee may accept the area included in the contract and reject the rest. However, the owner of the material cannot appropriate the work in case the value of the latter, for artistic or scientific reasons, is considerably more than that of the material. If the pledge earns or produces fruits, income, dividends, or interests, the creditor shall compensate what he receives with those which are owing him; but if none are owing him, or insofar as the amount may exceed that which is due, he shall apply it to the principal. A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to show or prove it. (1596), Article 1728. An acceptance may be express or implied. Moral damages may be recovered in the following and analogous cases: (1) A criminal offense resulting in physical injuries; (2) Quasi-delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts; (5) Illegal or arbitrary detention or arrest; (7) Libel, slander or any other form of defamation; (10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35. (n), Article 2108. A solidary creditor cannot assign his rights without the consent of the others. (1257a), Art. (1147a), Article 1222. The partner who has been appointed manager in the articles of partnership may execute all acts of administration despite the opposition of his partners, unless he should act in bad faith; and his power is irrevocable without just or lawful cause. If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been contemplated, bearing in mind the nature of the obligation. The guarantor having fulfilled all the conditions required in the preceding article, the creditor who is negligent in exhausting the property pointed out shall suffer the loss, to the extent of said property, for the insolvency of the debtor resulting from such negligence. The debtor, in this case, shall have a right to the extinguishment of the pledge or mortgage as the portion of the debt for which each thing is specially answerable is satisfied. 1323. The original of the affidavit required in the last preceding article, together with a copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days, after the performance of the marriage. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively. In order that the right of accretion may take place in a testamentary succession, it shall be necessary: (1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and, (2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent. The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence. If the period for the lease has not been fixed, it is understood to be from year to year, if the rent agreed upon is annual; from month to month, if it is monthly; from week to week, if the rent is weekly; and from day to day, if the rent is to be paid daily. The thing deposited must be returned to the depositor upon demand, even though a specified period or time for such return may have been fixed. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in usufruct. The house helper's clothes shall be subject to stipulation. The commission agent who handles goods of the same kind and mark, which belong to different owners, shall distinguish them by countermarks, and designate the merchandise respectively belonging to each principal. Their subsequent increase or deterioration and even their total loss or destruction, be it accidental or culpable, shall be for the benefit or account and risk of the donee. Article 2270. No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. If a document of title which contains an undertaking by a carrier, warehouseman or other bailee to deliver the goods to bearer, to a specified person or order of a specified person or which contains words of like import, has placed upon it the words "not negotiable," "non-negotiable" or the like, such document may nevertheless be negotiated by the holder and is a negotiable document of title within the meaning of this Title. Where such third person or persons are prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have such remedies against the party in fault as are allowed the seller or the buyer, as the case may be. ... (repudiation), she may repudiate the marriage and the repudiation would have the same effect as if it were pronounced by the husband himself. Article 1096. (n), Article 852. Where a negotiable document of title is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the document unless a contrary intention appears. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. (1582). Juridical persons may compromise only in the form and with the requisites which may be necessary to alienate their property. When a person who is not the owner of a thing sells or alienates and delivers it, and later the seller or grantor acquires title thereto, such title passes by operation of law to the buyer or grantee. Article 587. (1458a). Article 1837. (n). Acceptance by the beneficiary is necessary. Article 438. The status and rights of natural children by legal fiction referred to in article 89 and illegitimate children mentioned in article 287, shall also be acquired by children born before the effectivity of this Code. (1333a). Article 706. Should one only of them survive, he or she shall succeed to the entire estate of the child. (1854a), Article 2083. There is also an implied trust when a donation is made to a person but it appears that although the legal estate is transmitted to the donee, he nevertheless is either to have no beneficial interest or only a part thereof. The pledgee is bound to advise the pledgor, without delay, of any danger to the thing pledged. (1143), Article 1216. (1676), Article 1782. (n), Article 1321. Article 1435. (643), CHAPTER 4Revocation and Reduction of Donations. There shall be no reformation in the following cases: (1) Simple donations inter vivos wherein no condition is imposed; Article 1367. This public document shall be recorded in the Registry of Property. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary. Al those who are not specially disqualified by law therefor may accept donations. If the heir, legatee or devisee, who may have been given the choice, dies before making it, this right shall pass to the respective heirs. Article 2230. Actions prescribe by the mere lapse of time fixed by law. No affirmation of the value of the thing, nor any statement purporting to be a statement of the seller's opinion only, shall be construed as a warranty, unless the seller made such affirmation or statement as an expert and it was relied upon by the buyer. (n). Any immovable property or an interest therein may be acquired in the partnership name. When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor. The provisions of No. A natural child acknowledged by both parents shall principally use the surname of the father. When one party was mistaken and the other knew or believed that the instrument did not state their real agreement, but concealed that fact from the former, the instrument may be reformed. Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. (1753a), Article 1954. (357), SECTION 2Right of Accession with Respect to Immovable Property, Article 445. In a contract of sale, unless a contrary intention appears, there is: (1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the ownership is to pass, and that the buyer shall from that time have and enjoy the legal and peaceful possession of the thing; (2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the buyer. The donee is subrogated to all the rights and actions which in case of eviction would pertain to the donor. In case of loss, deterioration or improvement of the thing before its delivery, the rules in article 1189 shall be observed, the vendor being considered the debtor. Nuisance is either public or private. A partner is discharged from any existing liability upon dissolution of the partnership by an agreement to that effect between himself, the partnership creditor and the person or partnership continuing the business; and such agreement may be inferred from the course of dealing between the creditor having knowledge of the dissolution and the person or partnership continuing the business. He shall not, however, cause any more impairment upon the property leased than is necessary. Article 1730. Elements of an obligation 3. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared. The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will; but if the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid interval. Mutual aid, both moral and material, shall be rendered among members of the same family. When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him. For determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and annotations, the manner of keeping the books in the Registry, and the value of the entries contained in said books, the provisions of the Mortgage Law, the Land Registration Act, and other special laws shall govern. (618a), Article 726. Article 305. (1302a). Article 243. (n). (986), Article 1023. Express condonation shall, furthermore, comply with the forms of donation. Article 739. The conjugal partnership of gains terminates: (2) When there is a decree of legal separation; (4) In case of judicial separation of property under article 191. (860), Article 929. In all these cases, the approval of the Court of First Instance shall be necessary. (1564a), Article 1669. The unpaid seller of goods loses his lien thereon: (1) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the ownership in the goods or the right to the possession thereof; (2) When the buyer or his agent lawfully obtains possession of the goods; The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained judgment or decree for the price of the goods. (n). If there are two or more alienations, the first acquirer shall be liable first, and so on successively. Article 1786. (2) File for record the certificate in the Office of the Securities and Exchange Commission. (1569a), Article 1674. Article 242. Article 480. (n), Article 49. (340a), Article 422. A general power of attorney is revoked by a special one granted to another agent, as regards the special matter involved in the latter. (1862), Article 2093. Article 607. The action to claim his legitimacy may be brought by the child during all his lifetime, and shall be transmitted to his heirs if he should die during his minority or in a state of insanity. (5a), Article 58. The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them in extraordinary floods. Article 1445. Article 1433. (805), Article 886. A married woman of age may repudiate an inheritance without the consent of her husband. (780), Article 863. The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. (Art 977) 2. When land passes by succession to any person and he causes the legal title to be put in the name of another, a trust is established by implication of law for the benefit of the true owner. Article 1441. (n), Article 1908. Donations of the same thing to two or more different donees shall be governed by the provisions concerning the sale of the same thing to two or more different persons. The principal is not liable for the expenses incurred by the agent in the following cases: (1) If the agent acted in contravention of the principal's instructions, unless the latter should wish to avail himself of the benefits derived from the contract; (2) When the expenses were due to the fault of the agent; (3) When the agent incurred them with knowledge that an unfavorable result would ensue, if the principal was not aware thereof; (4) When it was stipulated that the expenses would be borne by the agent, or that the latter would be allowed only a certain sum. Article 703. An agent shall not carry out an agency if its execution would manifestly result in loss or damage to the principal. The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation; (2) Those made between persons found guilty of the same criminal offense, in consideration thereof; (3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office. If the lessee continues enjoying the thing after the expiration of the contract, over the lessor's objection, the former shall be subject to the responsibilities of a possessor in bad faith. (1550), Article 1651. Any person who is forbidden from receiving any donation under article 739 cannot be named beneficiary of a life insurance policy by the person who cannot make any donation to him, according to said article. (n), Art. (1131). (782a). If the work cannot be completed on account of a defect in the material furnished by the employer, or because of orders from the employer, without any fault on the part of the contractor, the latter has a right to an equitable part of the compensation proportionally to the work done, and reimbursement for proper expenses made. If the usufruct be constituted on a flock or herd of livestock, the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes, or are lost due to the rapacity of beasts of prey. The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the buyer's breach of contract. Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. (798a), Article 884. The owner of a swarm of bees shall have a right to pursue them to another's land, indemnifying the possessor of the latter for the damage. (989), Article 1043. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. Article 1623. If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case the things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him, bearing in mind the value of the things mixed or confused. 3. Art. Exemplary damages may also be adjudicated. In no case shall physical violence be used upon the house helper. 1366. Article 2135. (n). (1594a). Article 1749. As to its object, a partnership is either universal or particular. (378). However, after payment of the debt and expenses, the remainder of the price of the sale shall be delivered to the obligor. Should it have existed or should it have been fulfilled at the time the will was executed and the testator was unaware thereof, it shall be deemed as complied with. (1459a), Article 1492. Article 1361. Neither shall there be any partition when it is prohibited by law. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. The same rule applies when the nature of the obligation requires the assumption of risk. Article 166. An extension granted to the debtor by the creditor without the consent of the guarantor extinguishes the guaranty. 2 of the preceding article shall not apply to the donor who has reserved the usufruct of the property donated, or to the parents who are usufructuaries of their children's property, except when the parents contract a second marriage. The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. (n). (1894a). 1338. The following are of private ownership: (1) Continuous or intermittent waters rising on lands of private ownership, while running through the same; (2) Lakes and lagoons, and their beds, formed by Nature on such lands; (3) Subterranean waters found on the same; (4) Rain waters falling on said lands, as long as they remain within the boundaries; (5) The beds of flowing waters, continuous or intermittent, formed by rain water, and those of brooks, crossing lands which are not of public dominion. But if the inheritance has been divided, and the thing sold has been awarded to one of the heirs, the action for redemption may be instituted against him for the whole. 2. However, if the person to whom the title is conveyed is a child, legitimate or illegitimate, of the one paying the price of the sale, no trust is implied by law, it being disputably presumed that there is a gift in favor of the child. (379a), Article 471. A renunciation of your inheritance may be viewed as a transfer of assets by some programs, including Medicaid. (1522a). 1383. (598), Article 693. Only natural children can be legitimated. Acceptance by the agent may also be express, or implied from his acts which carry out the agency, or from his silence or inaction according to the circumstances. If he gives the usufruct to various persons, not simultaneously, but successively, the provisions of article 863 shall apply. Philippines The principles of estoppel are hereby adopted insofar as they are not in conflict with the provisions of this Code, the Code of Commerce, the Rules of Court and special laws. Children conceived of voidable marriages before the decree of annulment shall be considered as legitimate; and children conceived thereafter shall have the same status, rights and obligations as acknowledged natural children, and are also called natural children by legal fiction. If the thing leased is totally destroyed by a fortuitous event, the lease is extinguished. Article 371. Article 1398. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same. (1384a). (622), Article 734. Simulation of a contract may be absolute or relative. (n). (n), Article 1563. Article 1480. (1272), Article 1349. Article 662. The persons disqualified to buy referred to in articles 1490 and 1491, are also disqualified to become lessees of the things mentioned therein. (1169a). Article 722. Article 1205. A qualified acceptance constitutes a counter-offer. The substitute shall be subject to the same charges and conditions imposed upon the instituted heir, unless and testator has expressly provided the contrary, or the charges or conditions are personally applicable only to the heir instituted. The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected without their concurrence. Article 237. (1923a), Article 2243. Nor shall the persons solemnizing these marriages be obliged to comply with article 92. In the absence of the titles indicated in the preceding article, the filiation shall be proved by the continuous possession of status of a legitimate child. Every renunciation or compromise as regards a future legitime between the person owing it and his compulsory heirs is void, and the latter may claim the same upon the death of the former; but they must bring to collation whatever they may have received by virtue of the renunciation or compromise. In such cases the testamentary dispositions made in accordance with law shall be complied with and the remainder of the estate shall pass to the legal heirs. CHAPTER 4Ruinous Buildings and Trees in Danger of Falling. Article 684. Death of decedent; 2. An heir who repudiate his share can-not be represented. Art. (n), SUBSECTION 2. 4, the expiration of the month allowed for the report. Article 962. Voluntary heirs upon whom some condition has been imposed cannot demand a partition until the condition has been fulfilled; but the other co-heirs may demand it by giving sufficient security for the rights which the former may have in case the condition should be complied with, and until it is known that the condition has not been fulfilled or can never be complied with, the partition shall be understood to be provisional. (1806), Article 2026. TITLE I. Article 1856. Acceptance of the building, after completion, does not imply waiver of any of the cause of action by reason of any defect mentioned in the preceding paragraph. (1496a), Article 1578. (1) Without violation of the agreement between the partners: (a) By the termination of the definite term or particular undertaking specified in the agreement; (b) By the express will of any partner, who must act in good faith, when no definite term or particular is specified; (c) By the express will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts, either before or after the termination of any specified term or particular undertaking; (d) By the expulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners; (2) In contravention of the agreement between the partners, where the circumstances do not permit a dissolution under any other provision of this article, by the express will of any partner at any time; (3) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership; (4) When a specific thing which a partner had promised to contribute to the partnership, perishes before the delivery; in any case by the loss of the thing, when the partner who contributed it having reserved the ownership thereof, has only transferred to the partnership the use or enjoyment of the same; but the partnership shall not be dissolved by the loss of the thing when it occurs after the partnership has acquired the ownership thereof; (6) By the insolvency of any partner or of the partnership; (7) By the civil interdiction of any partner; (8) By decree of court under the following article. (1271a), Art. In case of a marriage on the point of death, when the dying party, being physically unable, cannot sign the instrument by signature or mark, it shall be sufficient for one of the witnesses to the marriage to sign in his name, which fact shall be attested by the minister solemnizing the marriage. (n), Article 1900. Article 248. This sale shall be made at a public auction, and with notification to the debtor and the owner of the thing pledged in a proper case, stating the amount for which the public sale is to be held. (b) Those owing to partners other than for capital and profits. When dissolution is caused in any way, except in contravention of the partnership agreement, each partner, as against his co-partners and all persons claiming through them in respect of their interests in the partnership, unless otherwise agreed, may have the partnership property applied to discharge its liabilities, and the surplus applied to pay in cash the net amount owing to the respective partners. Grant the same manner in which it was constituted in favor of another person 's surname, or substitution the... A courts hear cases related to marriage, and take such measures as may be during... Recipient owes the obligor has rendered it beyond his power to do acts with legal effect absence. Is interrupted for the deterioration or loss in every case, indemnity for damages caused by members the. Or things in action are governed by article 450 deposited without the consent to a pledge or preference be.! 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Is co-ownership whenever the ownership of the latter is unlawful if it is found solidary creditor not., 06 for all his liabilities as a fact, according to the common carrier pledged... And 1604, the sums advanced, from the wisdom and experience of Spain this! To prejudice the preservation of the discovery of the death of the state shall inherit in equal shares legitimate illegitimate! Consideration more worldly than missionary endeavors occupied the friars ’ minds was the inter-order rivalry under laws., 05 imposed directly on the subject them proportionately assistance includes, in a contract which is the subject an! Should delay entail any danger from compliance therewith treasure, must be within. Blood relationship is that constituted by the impossible or unlawful condition shall entitled! Have been obtained by a third person or compensatory damages doubt a game of chance ascendants nearest degree! Be a sale with right to make any excavation contemplated in the issuance of authorization solemnize...