(540a), Article 624. 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. Article 255. If both the winner and the loser have perpetrated fraud, no action for recovery can be brought by either. The inheritance of those who, with or without a will, die after the beginning of the effectivity of this Code, shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court; but the testamentary provisions shall be carried out insofar as they may be permitted by this Code. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. Article 1093. 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. (n), Article 775. The following are conjugal partnership property: (1) That which is acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; (2) That which is obtained by the industry, or work, or as salary of the spouses, or of either of them; (3) The fruits, rents or interests received or due during the marriage, coming from the common property or from the exclusive property of each spouse. (1518). (40a), Article 51. The usufructuary may set off the improvements he may have made on the property against any damage to the same. Persons not incapacitated by law may succeed by will or ab intestato. Article 904. (58a), Article 111. Article 361. Rescission referred to in Nos. (1448), Article 1473. Every priest, or minister, or rabbi authorized by his denomination, church, sect, or religion to solemnize marriage shall send to the proper government office a sworn statement setting forth his full name and domicile, and that he is authorized by his denomination, church, sect, or religion to solemnize marriage, attaching to said statement a certified copy of his appointment. The enumeration of the following cases of implied trust does not exclude others established by the general law of trust, but the limitation laid down in article 1442 shall be applicable. (198), (3) By the concession of the father or of the mother who exercise parental authority. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. (1283), Article 1373. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. (1456). The contractor is liable for all the claims of laborers and others employed by him, and of third persons for death or physical injuries during the construction. The scientist or technologist has the ownership of his discovery or invention even before it is patented. Article 854. A stipulation that the bailee may make use of the fruits of the thing loaned is valid. (n). Whenever by provision of the law, or an individual declaration, the expression "immovable things or property," or "movable things or property," is used, it shall be deemed to include, respectively, the things enumerated in Chapter 1 and Chapter 2. Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. If the time and place should not have been stipulated, the payment must be made at the time and place of the delivery of the thing sold. They are susceptible of ratification. A partnership must have a lawful object or purpose, and must be established for the common benefit or interest of the partners. 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. Article 1455. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. So far as third persons are concerned, an act is deemed to have been performed within the scope of the agent's authority, if such act is within the terms of the power of attorney, as written, even if the agent has in fact exceeded the limits of his authority according to an understanding between the principal and the agent. 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. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so; otherwise, he shall designate two persons to read it and communicate to him, in some practicable manner, the contents thereof. (804a). (522a). The loser may recover what he has paid. (1739). Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. (n), Article 1528. In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in article 1189 shall be observed. (1777a), Article 1991. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. If the agent dies, his heirs must notify the principal thereof, and in the meantime adopt such measures as the circumstances may demand in the interest of the latter. When a credit or other incorporeal right in litigation is sold, the debtor shall have a right to extinguish it by reimbursing the assignee for the price the latter paid therefor, the judicial costs incurred by him, and the interest on the price from the day on which the same was paid. 1383. (1418a), Article 180. If the usufruct be constituted on the whole of a patrimony, and if at the time of its constitution the owner has debts, the provisions of articles 758 and 759 relating to donations shall be applied, both with respect to the maintenance of the usufruct and to the obligation of the usufructuary to pay such debts. (117a). Without prejudice to the provisions of article 2212, interest due and unpaid shall not earn interest. The other half shall be at the free disposal of the testator. (401a), Article 496. The contractor who has undertaken to put only his work or skill, cannot claim any compensation if the work should be destroyed before its delivery, unless there has been delay in receiving it, or if the destruction was caused by the poor quality of the material, provided this fact was communicated in due time to the owner. He need not be in possession of said property. (146a). Third persons who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own property. The provisions of this Title are subject to the rules laid down by the Mortgage Law and the Land Registration Law with regard to immovable property. After the formation of a lifted partnership, additional limited partners may be admitted upon filing an amendment to the original certificate in accordance with the requirements of article 1865. 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 377. The liability of a third person becoming a partner in the partnership continuing the business, under this article, to the creditors of the dissolved partnership shall be satisfied out of the partnership property only, unless there is a stipulation to the contrary. According to the Civil Code of the Philippines: “Article 1051. Children are obliged to obey their parents so long as they are under parental power, and to observe respect and reverence toward them always. The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded to the possessor in bad faith, but he may remove the objects for which such expenses have been incurred, provided that the thing suffers no injury thereby, and that the lawful possessor does not prefer to retain them by paying the value they may have at the time he enters into possession. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only: (1) Flood, storm, earthquake, lightning, or other natural disaster or calamity; (2) Act of the public enemy in war, whether international or civil; (3) Act or omission of the shipper or owner of the goods; (4) The character of the goods or defects in the packing or in the containers; (5) Order or act of competent public authority. The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. A contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers, shall be unenforceable, unless it is ratified, expressly or impliedly, by the person on whose behalf it has been executed, before it is revoked by the other contracting party. Even if the loss, destruction, or deterioration of the goods should be caused by the character of the goods, or the faulty nature of the packing or of the containers, the common carrier must exercise due diligence to forestall or lessen the loss. (445a), Article 550. In order that the State may take possession of the property mentioned in the preceding article, the pertinent provisions of the Rules of Court must be observed. The private ownership of the beds of rain waters does not give a right to make works or constructions which may change their course to the damage of third persons, or whose destruction, by the force of floods, may cause such damage. Article 1215. The testator may freely dispose of the remaining one-eighth of the estate. (1686a). (1099a). (1079a), Article 1104. But the real right of possession is not lost till after the lapse of ten years. The buyer shall have a reasonable opportunity of comparing the bulk with the description or the sample. (860), Article 929. Substitution of heirs may be: Article 859. Article 88. In such case, the courts may, if the public interest will thus be subserved, allow the party repudiating the contract to recover the money or property. The obligation to deliver the thing sold includes that of placing in the control of the vendee all that is mentioned in the contract, in conformity with the following rules: If the sale of real estate should be made with a statement of its area, at the rate of a certain price for a unit of measure or number, the vendor shall be obliged to deliver to the vendee, if the latter should demand it, all that may have been stated in the contract; but, should this be not possible, the vendee may choose between a proportional reduction of the price and the rescission of the contract, provided that, in the latter case, the lack in the area be not less than one-tenth of that stated. The sum thereby obtained shall be applied to the creditors' claims, or to the support of the spouse or relatives, as the case may be. The term includes growing fruits or crops. Compensation for workmen and other employees in case of death, injury or illness is regulated by special laws. (475), Article 571. Ratification may be effected by the guardian of the incapacitated person. (652). If the owner, in spite of such information, does not claim it within the period of one month, the depositary shall be relieved of all responsibility by returning the thing deposited to the depositor. (1821a), Article 2044. (137a), Article 286. The redhibitory action, based on the faults or defects of animals, must be brought within forty days from the date of their delivery to the vendee. (472), Article 568. (n), Article 1941. (1326a), Article 126. 2. (n), Article 2131. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage. This physical impossibility may be caused: (2) By the fact that the husband and wife were living separately, in such a way that access was not possible; (3) By the serious illness of the husband. The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. (1038), Article 1065. There is an implied trust when property is sold, and the legal estate is granted to one party but the price is paid by another for the purpose of having the beneficial interest of the property. (Art 977) 2. Article 2167. However, the sublessee shall not be responsible beyond the amount of rent due from him, in accordance with the terms of the sublease, at the time of the extra-judicial demand by the lessor. Article 36. Article 1407. The form of sale of large cattle shall be governed by special laws. The usufructuary may make on the property held in usufruct such useful improvements or expenses for mere pleasure as he may deem proper, provided he does not alter its form or substance; but he shall have no right to be indemnified therefor. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. Article 24. 1, and 2242, No. In default of the father and mother, the ascendants nearest in degree shall inherit. (1786), Article 2007. (404), Article 499. Art. Article 754. Consequently, no public official shall attempt to inquire into the truth or validity of any religious doctrine held by the applicant or by his church. Contracts validly agreed upon may be rescinded in the cases established by law. The cause of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will, or if, having known of them subsequently, he should condone them in writing. A universal partnership of profits comprises all that the partners may acquire by their industry or work during the existence of the partnership. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Article 484. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. (1151a). (1579a), Article 1685. (850), Article 918. (469), Article 565. 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. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. Institution of heir is an act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations. Collation 5. 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. Nonapparent easements are those which show no external indication of their existence. If the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event. CHAPTER 1Nature, Form and Kinds of Agency, Article 1868. 1370. Article 1032. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. (145), Article 296. Recognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing. (801a), Article 881. (1877), Article 2128. (1454-A-a), Article 1485. (n), Article 1960. (1294), Article 1384. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. Article 378. When the employee's lack of due care contributed to his death or injury, the compensation shall be equitably reduced. Article 2170. If the woodland is a copse or consists of timber for building, the usufructuary may do such ordinary cutting or felling as the owner was in the habit of doing, and in default of this, he may do so in accordance with the custom of the place, as to the manner, amount and season. A power granted after the partnership has been constituted may be revoked at any time. The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. No suit shall be filed or maintained between members of the same family unless it should appear that earnest efforts toward a compromise have been made, but that the same have failed, subject to the limitations in article 2035. No contract may be entered into upon future inheritance except in cases expressly authorized by law. The agent must act within the scope of his authority. The mourning apparel of the widow shall be paid for out of the estate of the deceased husband. Article 1843. (837a). The following actions must be filed within one year: Article 1148. (1267a), Art. Transmissibility of obligations 4. The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. If the price or any part thereof has already been paid, the seller shall be liable to repay so much thereof as has been paid, concurrently with the return of the goods, or immediately after an offer to return the goods in exchange for repayment of the price. The husband is responsible for the support of the wife and the rest of the family. Donations made to strangers shall be charged to that part of the estate of which the testator could have disposed by his last will. (750a), Article 846. (1279a). (740a), Article 833. Article 2266. Every will must be acknowledged before a notary public by the testator and the witnesses. Article 1831. Article 763. In both cases, the legacy shall comprise all interests on the credit or debt which may be due the testator at the time of his death. The ownership of the thing pledged is transmitted to the vendee or transferee as soon as the pledgee consents to the alienation, but the latter shall continue in possession. Article 1689. Compulsory easements for drawing water or for watering animals can be imposed only for reasons of public use in favor of a town or village, after payment of the proper indemnity. (942a), Article 971. Article 133. A donor or testator may prohibit partition for a period which shall not exceed twenty years. (n), Art. (1566a), Article 1671. When a donation is made to several persons jointly, it is understood to be in equal shares, and there shall be no right of accretion among them, unless the donor has otherwise provided. (n), Article 551. (n), Article 1137. In all these cases, it is sufficient to present the final judgment which has been entered against the guilty or absent spouse. (1940a), Article 1118. Speak to an attorney if you want to renounce part of your inheritance only. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. Article 1514. An act of a partner which is not apparently for the carrying on of business of the partnership in the usual way does not bind the partnership unless authorized by the other partners. (n), Article 1829. (1533). All things which are not outside the commerce of men, including future things, may be the object of a contract. Whenever the paraphernal property or the husband's capital consists, in whole or in part, of livestock existing upon the dissolution of the partnership, the number of animals exceeding that brought to the marriage shall be deemed to be of the conjugal partnership. Any one of the co-owners may bring an action in ejectment. Act 2710), TITLE VRIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE, Article 109. The offer must be certain and the acceptance absolute. A married woman of age may repudiate an inheritance without the consent of her husband. In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. Article 1815. Article 31. 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. (1964a). (460a), Article 556. The contractor who undertakes to build a structure or any other work for a stipulated price, in conformity with plans and specifications agreed upon with the land-owner, can neither withdraw from the contract nor demand an increase in the price on account of the higher cost of labor or materials, save when there has been a change in the plans and specifications, provided: (1) Such change has been authorized by the proprietor in writing; and, (2) The additional price to be paid to the contractor has been determined in writing by both parties. Article 494. The hotel-keeper is liable for the vehicles, animals and articles which have been introduced or placed in the annexes of the hotel. All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to the same. Incapacity to succeed by will shall be applicable to donations inter vivos. Article 844. Waiver of the right to revoke a will The bailor who, knowing the flaws of the thing loaned, does not advise the bailee of the same, shall be liable to the latter for the damages which he may suffer by reason thereof. (n), Article 2157. Article 389. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share shall accrue to his coheirs, unless he has heirs, assigns, or a representative. (n), Article 2190. (1679). They shall not prejudice third persons unless they are recorded in the Registry of Property. 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 creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. Article 1425. (915). The lessor cannot alter the form of the thing leased in such a way as to impair the use to which the thing is devoted under the terms of the lease. Article 1017. (149a), Article 300. (818a). With respect to incorporeal property, the provisions of the first paragraph of article 1498 shall govern. In the absence of any statement in the certificate to the contrary or the consent of all members, a limited partner, irrespective of the nature of his contribution, has only the right to demand and receive cash in return for his contribution. Article 1423. (457a), Article 553. In all these cases, the ownership of the walls, fences or hedges shall be deemed to belong exclusively to the owner of the property or tenement which has in its favor the presumption based on any one of these signs. CHAPTER 9 > VOID AND INEXISTENT CONTRACTS. (647a). (n). (n), Article 1510. A general renunciation of rights is understood to refer only to those that are connected with the dispute which was the subject of the compromise. (33). (1929a). Art. Every fideicommissary substitution must be expressly made in order that it may be valid. If through the negligence or wilful act of the pledgee, the thing pledged is in danger of being lost or impaired, the pledgor may require that it be deposited with a third person. 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. However, the demand by the creditor shall not be necessary in order that delay may exist: (1) When the obligation or the law expressly so declare; or, (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or. Article 752. (922), Article 969. (541a), Article 625. The notary public shall not be required to retain a copy of the will, or file another with the office of the Clerk of Court. 1354. Article 474. Within thirty days after the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs, devisees and legatees shall signify to the court having jurisdiction whether they accept or repudiate the inheritance. Rescission and Nullity of Partition, Article 1097. The co-debtors, guarantors and sureties shall be released. (365a), Article 456. (Rule 3a), Article 2258. (3) Those where both parties are incapable of giving consent to a contract. Article 705. A usufruct is not extinguished by bad use of the thing in usufruct; but if the abuse should cause considerable injury to the owner, the latter may demand that the thing be delivered to him, binding himself to pay annually to the usufructuary the net proceeds of the same, after deducting the expenses and the compensation which may be allowed him for its administration. (n). A devise of indeterminate real property shall be valid only if there be immovable property of its kind in the estate. (109), Article 257. (1069a). It is understood that there is an exterior sign, contrary to the easement of party wall: (1) Whenever in the dividing wall of buildings there is a window or opening; (2) Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the other, it has similar conditions on the upper part, but the lower part slants or projects outward; (3) Whenever the entire wall is built within the boundaries of one of the estates; (4) Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others; (5) Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such a way that the coping sheds the water upon only one of the estates; (6) Whenever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from the surface on one side only, but not on the other; (7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed. (n), Article 1478. The fruits of the property from the time of the acceptance of the donation, shall pertain to the donee, unless the donor provides otherwise. The limitations of action mentioned in articles 1140 to 1142, and 1144 to 1147 are without prejudice to those specified in other parts of this Code, in the Code of Commerce, and in special laws. In the first case, the estate shall comply with the legacy by assigning to the legatee all rights of action it may have against the debtor. (1) To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended; (2) To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary; (3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. 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