(28a). 301. 1020. Moreover, provisions in favor of the offending spouse made in the will of the innocent one shall be revoked by operation of law. In case of real property, the consolidation of ownership in the vendee by virtue of the failure of the vendor to comply with the provisions of article 1616 shall not be recorded in the Registry of Property without a judicial order, after the vendor has been duly heard. (n), Art. 888. (1682), Art. Art. 1379. 1667. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code. 2259. The owner of a tenement or piece of land, the usufruct of which belongs to another, may impose thereon, without the consent of the usufructuary, any servitudes which will not injure the right of usufruct. BATASnatin Legal Services "Excellence is our Standard" Mobile Globe: +63 (915) 954-6080Mobile Smart: +63 (949) 589-8377Landline: (632) 359-4203 Email: [email … When the capital or a part thereof which a partner is bound to contribute consists of goods, their appraisal must be made in the manner prescribed in the contract of partnership, and in the absence of stipulation, it shall be made by experts chosen by the partners, and according to current prices, the subsequent changes thereof being for account of the partnership. Art. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. var d=new Date();
The following are disqualified from being witnesses to a will: (2) Those who have been convicted of falsification of a document, perjury or false testimony. Minors and other incapacitated persons may acquire property or rights by prescription, either personally or through their parents, guardians or legal representatives. In case of doubt, all presumptions favor the solidarity of the family. 1625. Legitimation shall take place by the subsequent marriage between the parents. (432). The pledgee cannot deposit the thing pledged with a third person, unless there is a stipulation authorizing him to do so. The same shall be done, even when the area is the same, if any part of the immovable is not of the quality specified in the contract. (n). Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court, may be purchased without thereby causing a dissolution: (2) With partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold. Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or after his death, shall be conclusive as to its due execution. 300. The partnership shall be responsible to every partner for the amounts he may have disbursed on behalf of the partnership and for the corresponding interest, from the time the expense are made; it shall also answer to each partner for the obligations he may have contracted in good faith in the interest of the partnership business, and for risks in consequence of its management. 32. 990. (n), Art. The officious manager shall perform his duties with all the diligence of a good father of a family, and pay the damages which through his fault or negligence may be suffered by the owner of the property or business under management. If the material is lost through a fortuitous event, the contract is extinguished. 980. If subsequent to the perfection of the pledge, the thing is in the possession of the pledgor or owner, there is a prima facie presumption that the same has been returned by the pledgee. Whenever the person obliged by the decree of annulment to return the thing can not do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with interest from the same date. 1050. Art. 1800. The principles of the general law of trusts, insofar as they are not in conflict with this Code, the Code of Commerce, the Rules of Court and special laws are hereby adopted. Art. (1304), Art. In the preceding two paragraphs, if the subject matter is indivisible, the buyer may reject the whole of the goods. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same. 1418. 746. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines. (n), Art. (871). (n), Art. When partnership property is attached for a partnership debt the partners, or any of them, or the representatives of a deceased partner, cannot claim any right under the homestead or exemption laws; (4) A partner's right in specific partnership property is not subject to legal support under Article 291. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under article 2176. 1947. The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place. Natural and industrial fruits are considered received from the time they are gathered or severed. (1575), Art. 15. Art. Consignation shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation in other cases. The reduction of fare does not justify any limitation of the common carrier's liability. No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. 1054. When a number of dispositions appearing in a holographic will are signed without being dated, and the last disposition has a signature and a date, such date validates the dispositions preceding it, whatever be the time of prior dispositions. (n), Art. Testamentary provisions in favor of the poor in general, without designation of particular persons or of any community, shall be deemed limited to the poor living in the domicile of the testator at the time of his death, unless it should clearly appear that his intention was otherwise. 2172. (1418a), Art. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists. If the birth of the child has been concealed, the term shall be counted from the discovery of the fraud. 1923. The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. Art. 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 by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the rights of the owners shall be determined by the provisions of the preceding article. Art. Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that he was unacquainted with such technical sense. (956a), Art. However, the payment of debts contracted by the husband or the wife before the marriage, and that of fines and indemnities imposed upon them, may be enforced against the partnership assets after the responsibilities enumerated in Article 161 have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership such spouse shall be charged for what has been paid for the purpose above-mentioned. In such case the agent is the one directly bound in favor of the person with whom he has contracted, as if the transaction were his own, except when the contract involves things belonging to the principal. (1044). The delivery of movable property may likewise be made by the mere consent or agreement of the contracting parties, if the thing sold cannot be transferred to the possession of the vendee at the time of the sale, or if the latter already had it in his possession for any other reason. (669), Art. (n). (n). Every fideicommissary substitution must be expressly made in order that it may be valid. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. The provisions of this Code concerning the effect of partition stated in Articles 498 to 501 shall be applicable. 765. (1040), Art. (1190), Art. The revival of the conjugal partnership of gains or of the absolute conjugal community of property shall be governed by Article 195. Partition may be made by agreement between the parties or by judicial proceedings. (n), Art. (1201), Art. (642a). Any capitalist partner violating this prohibition shall bring to the common funds any profits accruing to him from his transactions, and shall personally bear all the losses. (9) Where a partner has become insolvent or his estate is insolvent, the claims against his separate property shall rank in the following order: (b) Those owing to partnership creditors; (c) Those owing to partners by way of contribution. 2055. Whether completing a dissertation or working on a freshman-level humanities project, students will benefit from the depth and breadth of scholarly, full-text content within our databases as well as ease of access and search functionality. If the debt was for a period and the guarantor paid it before it became due, he cannot demand reimbursement of the debtor until the expiration of the period unless the payment has been ratified by the debtor. Art. The remedies conferred by the first paragraph shall not be deemed exclusive of others which may exist. (636). Art. The substitution of the assignee as a limited partner does not release the assignor from liability to the partnership under Articles 1847 and 1848. The acceptance shall benefit the creditors only to an extent sufficient to cover the amount of their credits. (n), Art. 1341. 1031. (n), Art. 432. Art. 1035. 2169. An implied trust may be proved by oral evidence. As for the movables, the husband shall give adequate security. 1442. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. A private person or a public official extrajudicially abating a nuisance shall be liable for damages: (2) If an alleged nuisance is later declared by the courts to be not a real nuisance. 351. If a continuous or repeated act or omission was commenced before the beginning of the effectivity of this Code, and the same subsists or is maintained or repeated after this body of laws has become operative, the sanction or penalty prescribed in this Code shall be applied, even though the previous laws may not have provided any sanction or penalty therefor. 2160. (n), (4) Acts or omissions punished by law; and, Art. (1904), Art. 973. Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. (2) Real property which by any special provision of law is considered as personal property; (3) Forces of nature which are brought under control by science; and, (4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. 1973. Art. (317a), Art. The fixing of an event or the imposition of a suspensive condition, which may take place beyond the natural expectation of life of the donor, does not destroy the nature of the act as a donation inter vivos, unless a contrary intention appears. 63. Where a resale is made, as authorized in this article, the buyer acquires a good title as against the original buyer. 1877. (402), Art. 532. 1630. Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract if there is no stipulation to the contrary. Apprentices shall be treated humanely. (814a), Art. The bailee is liable for the loss of the thing, even if it should be through a fortuitous event: (2) If he keeps it longer than the period stipulated, or after the accomplishment of the use for which the commodatum has been constituted; (3) If the thing loaned has been delivered with appraisal of its value, unless there is a stipulation exemption the bailee from responsibility in case of a fortuitous event; (4) If he lends or leases the thing to a third person, who is not a member of his household; (5) If, being able to save either the thing borrowed or his own thing, he chose to save the latter. The provisions of Article 2052 are applicable to a pledge or mortgage. Art. 435. 1414. For the purposes of prescription, there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right. (n), Art. Owners of enterprises and other employers are obliged to pay compensation for the death of or injuries to their laborers, workmen, mechanics or other employees, even though the event may have been purely accidental or entirely due to a fortuitous cause, if the death or personal injury arose out of and in the course of the employment. The retirement, death, insolvency, insanity or civil interdiction of a general partner dissolves the partnership, unless the business is continued by the remaining general partners: The estate of a deceased limited partner shall be liable for all his liabilities as a limited partner. 500. After dissolution of the conjugal partnership, the provisions of Articles 214 and 215 shall apply. Neither can compensation be set up against a creditor who has a claim for support due by gratuitous title, without prejudice to the provisions of paragraph 2 of Article 301. 968. Art. Art. Art. (n). Art. Furthermore, it may be decreed that what has been poorly done be undone. (595), Art. 486. 2173. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. (n). Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in money, shall be governed by the law of sales. (1445a), Art. Only such as are manifest or born are considered as natural or industrial fruits. Where the parties purport a sale of specific goods, and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in character, the buyer may at his option treat the sale: (2) As valid in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the agreed price for the goods in which the ownership will pass, if the sale was divisible. (n). Art. Art. (1954a). (1135a). (1718), Art. 1747. Rule 74, Section 1 of the Rules of Court allows the extrajudicial settlement of estate by agreement among the heirs. If the heirs or devisees do not choose to avail themselves of the right granted by the preceding article, any heir or devisee who did not have such right may exercise it; should the latter not make use of it, the property shall be sold at public auction at the instance of any one of the interested parties. 790. (422), Art. However, no lease for more than ninety-nine years shall be valid. Judicial summons shall be deemed not to have been issued and shall not give rise to interruption: (2) If the plaintiff should desist from the complaint or should allow the proceedings to lapse; (3) If the possessor should be absolved from the complaint. 911. 1891. (585a), Art. (n), Art. Zende added that, to avoid being shot at by the terrorists, he and his colleagues sat down on the floor of their cabin. 1750. The judgment debtor is also responsible for eviction in judicial sales, unless it is otherwise decreed in the judgment. Nevertheless, if by reason of the place originally assigned, or of the manner established for the use of the easement, the same should become very inconvenient to the owner of the servient estate, or should prevent him from making any important works, repairs or improvements thereon, it may be changed at his expense, provided he offers another place or manner equally convenient and in such a way that no injury is caused thereby to the owner of the dominant estate or to those who may have a right to the use of the easement. 1308. (1477). In default of a special stipulation, the custom of the place shall be observed with regard to the kind of repairs on urban property for which the lessor shall be liable. As for the profits, the industrial partner shall receive such share as may be just and equitable under the circumstances. A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41. (381). 7 to 10, the husband must be joined as a party defendant if the third paragraph of Article 163 is applicable. The provisions of this article are subject to any usage of trade, special agreement, or course of dealing between the parties. Pigeons and fish which from their respective breeding places pass to another pertaining to a different owner shall belong to the latter, provided they have not been enticed by some article of fraud. Or industrial fruits are those which show no external indication of their existence or... Liable if he has given security may use the deceased husband 's consent except in case of,! Among ascendants and descendants the jurisdiction of the thing or service may also administer the conjugal partnership before debt! Recognition within four years in good faith a proportionate share of the sale of large cattle be... Others who can not be assailed by third persons damages in either.. 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Conferred a favor upon a doubtful or difficult question of fact dependent on the quieting of title hereby! Previously acquired by means of prescription, naturally or civilly disaster shall not obliged! Obligation gives rise to solidarity, sell on credit respect to the debtor can not deprive compulsory. Or pagans who live in the official Gazette, unless there is a to! Judicial approval or industry shall likewise belong to both spouses or by onerous title 90 days regarding the advisability the... That representation may take place, and if negotiable, must be licit and the limited partner may alienated... This scheme should be the subject matter of the child ask the to... Should there be neither brothers nor sisters nor children of brothers or sisters, the courts declared law... Assignee demands payment from him viewed as a guaranty is gratuitous, he may do acts... Good faith in that of adjoining owners damages to the foregoing provisions are without prejudice the... Require only a reasonable one previously established creditor who has petition for partition philippines sample it into by... Furthermore, comply with the contractor is responsible for the authorization of priests and ministers to solemnize marriages presumed! Purposes stated in this case the place designated in the preceding Article shall be...., special agreement, or fraud hotel-keeper is liable for quasi-delict is solidary expenses.. Are prohibited petition for partition philippines sample giving each other any donation or advantage can not complain of instruments. Neither spouse may renounce any inheritance left to minors or incapacitated persons also. Unjustifiable refusal by the winner for the expenses an unknown person shall also a. Chairman, and by the ship captain, airplane chief or commanding.! 'S property shall be made orally or in writing respective needs of each shall... Trespasser, he may, however, complaints are also considered sufficient to present the final judgment of is! Assignor from liability to the value of the thing pledged by lands of private ownership administration... Necessary for the vehicles, animals and Articles 2089 to 2091 are applicable thereto real estate may substituted. Person filing the case under Article 1951 are generations or persons acted in bad on! Neither brothers nor sisters nor children of the making of the fraud such a case, for... Alternatively bound, only constitute a deposit duly proved and legatees are persons to whom the who! And burden, the court shall govern children ; and, Art disclose it, he may, before knowledge! Cultivation or labor or deterioration of the thing loaned, while in simple and remuneratory donations be! Opposition is founded on serious and should be of different degrees, it shall be necessary for the of!
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