This rule shall be applicable when only one of the parties is guilty; but the innocent one may claim what he has given, and shall not be bound to comply with his promise. (377). Art. 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. 1, and 2242, No. (n), Art. (1) A partner has been declared insane in any judicial proceeding or is shown to be of unsound mind; (2) A partner becomes in any other way incapable of performing his part of the partnership contract; (3) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business; (4) A partner wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him; (5) The business of the partnership can only be carried on at a loss; (6) Other circumstances render a dissolution equitable. (1808), Art. (n), Art. (n), Art. A minor who may not contract marriage without parental consent cannot acknowledge a natural child, unless the parent or guardian approves the acknowledgment or unless the recognition is made in a will. The provisions of this article also apply to trees which have grown spontaneously. If the depositor should lose his capacity to contract after having made the deposit, the thing cannot be returned except to the persons who may have the administration of his property and rights. Art. (1578a), Art. The right of the second heir shall pass to his heirs. In such case the contract is called a suretyship. 2038. (1778), Art. 1289. The responsibility of two or more agents, even though they have been appointed simultaneously, is not solidary, if solidarity has not been expressly stipulated. 2203. (n), Art. The choice shall produce no effect except from the time it has been communicated. 2218. Art. (1267a), Art. 378. 1692. A thing is determinate when it is particularly designated or physical segregated from all other of the same class. The legacy of a credit against a third person or of the remission or release of a debt of the legatee shall be effective only as regards that part of the credit or debt existing at the time of the death of the testator. 168. The title for prescription must be true and valid. Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. (1188), Art. However, any partner may enter into a separate obligation to perform a partnership contract. If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor. (1532a), Art. Art. Even though the testator may have omitted the name of the heir, should he designate him in such manner that there can be no doubt as to who has been instituted, the institution shall be valid. (1762), Art. 2 (b). Art. 1803. 2222. For this purpose, neither the acceptance by the pledgor or owner, nor the return of the thing pledged is necessary, the pledgee becoming a depositary. 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. The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a contract, and shall fill the omission of stipulations which are ordinarily established. 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. 1399. 1930. 1613. (1877), Art. Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article. When the seal or lock is broken, with or without the depositary's fault, he shall keep the secret of the deposit. 2194. If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith. Art. 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. (1286), Art. Art. (n), Art. Civil fruits are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. (1520). (1852), Art. In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration Laws. (994), Art. The instrument proving the right pledged shall be delivered to the creditor, and if negotiable, must be indorsed. 2078. Movable or immovable property may be the object of commodatum. In collective bargaining, the labor union or members of the board or committee signing the contract shall be liable for non-fulfillment thereof. (1853), Art. An agreement limiting the common carrier's liability for delay on account of strikes or riots is valid. 1274. 1162. Art. (n), Art. 434. The vendor shall not be obliged to make good the proper warranty, unless he is summoned in the suit for eviction at the instance of the vendee. Art. (1747a), Art. (1880a), Art. The responsibility referred to in the two preceding articles shall include the loss of, or injury to the personal property of the guests caused by the servants or employees of the keepers of hotels or inns as well as strangers; but not that which may proceed from any force majeure. The pledgee is responsible for the acts of his agents or employees with respect to the thing pledged. (1451a). 1474. 1741. 64. 1905. (2) The guardian, with respect to the ward, before the final approval of his accounts; (3) A married person, without the consent of the other spouse; (5) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations; (6) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months' imprisonment or more. 552. 2130. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to receive it. Art. (1527), Art. If the period for household service is fixed neither the head of the family nor the house helper may terminate the contract before the expiration of the term, except for a just cause. The sums spent for the purposes stated in this article shall be deducted from the fruits. A private person may file an action on account of a public nuisance, if it is specially injurious to himself. 1882. The legatee or devisee cannot take possession of the thing bequeathed upon his own authority, but shall request its delivery and possession of the heir charged with the legacy or devise, or of the executor or administrator of the estate should he be authorized by the court to deliver it. The same rule applies to any amount he may have taken from the partnership coffers, and his liability shall begin from the time he converted the amount to his own use. Such consent shall be in writing, under oath taken with the appearance of the interested parties before the proper local civil registrar or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. var d=new Date(); The family council shall be composed of five members, who shall be relatives of the parties concerned. 270. (1561a), Art. (1047). One who sells for a lump sum the whole of certain rights, rents, or products, shall comply by answering for the legitimacy of the whole in general; but he shall not be obliged to warrant each of the various parts of which it may be composed, except in the case of eviction from the whole or the part of greater value. 899. Art. A guaranty may be conventional, legal or judicial, gratuitous, or by onerous title. The banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage. Art. Art. (1807a), Art. 11. But if the testator intended that the two legacies or devises should be inseparable from each other, the legatee or devisee must either accept or renounce both. Art. Art. (1307a). (1954a). 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. 2210. Art. (1103). 1780. Art. An offer made through an agent is accepted from the time acceptance is communicated to him. (n). (1729), Art. 1 and 2 of the preceding article, the principal may furthermore bring an action against the substitute with respect to the obligations which the latter has contracted under the substitution. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. If the widowed mother who has contracted a subsequent marriage should again become a widow, she shall recover from this moment her parental authority over all her unemancipated children. A person who is a general, and also at the same time a limited partner, shall have all the rights and powers and be subject to all the restrictions of a general partner; except that, in respect to his contribution, he shall have the rights against the other members which he would have had if he were not also a general partner. 833. 1057. Art. Thereafter the seller may treat the goods as the buyer's and may maintain an action for the price. When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will. Ratification extinguishes the action to annul a voidable contract. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible. But the revocation or modification of these acts and contracts after the beginning of the effectivity of this Code, shall be subject to the provisions of this new body of laws. 1228. The surname of a limited partner shall not appear in the partnership name unless: (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. Art. The provisions of this article shall be understood to be without prejudice to the actions between the principal and agent. 104. 1798. 1a, Art. (2) If it appears that one of the parties, before the commencement of the action or proceeding, offered to discuss a possible compromise but the other party refused the offer. (1939), Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law. Article 1. The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver of the latter shall leave the former in force. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. In order that the common carrier may be exempted from responsibility, the natural disaster must have been the proximate and only cause of the loss. If the agency has been entrusted for the purpose of contracting with specified persons, its revocation shall not prejudice the latter if they were not given notice thereof. 354. (1557a). (n), Art. An acceptance may be express or implied. (n), Art. (2) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; (3) Waters rising continuously or intermittently on lands of public dominion; (4) Lakes and lagoons formed by Nature on public lands, and their beds; (5) Rain waters running through ravines or sand beds, which are also of public dominion; (7) Waters found within the zone of operation of public works, even if constructed by a contractor; (8) Waters rising continuously or intermittently on lands belonging to private persons, to the State, to a province, or to a city or a municipality from the moment they leave such lands; (9) The waste waters of fountains, sewers and public establishments. Save marriages of an exceptional character authorized in Chapter 2 of this Title, but not those under Article 75, no marriage shall be solemnized without a license first being issued by the local civil registrar of the municipality where either contracting party habitually resides. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. A married woman of age may mortgage, encumber, alienate or otherwise dispose of her paraphernal property, without the permission of the husband, and appear alone in court to litigate with regard to the same. It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, after its delivery to the creditor, is found in the possession of the debtor, or of a third person who owns the thing. Art. 2. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation. These rights shall not be extinguished save by lapse of time fixed for prescription. Art. (621), Art. Easements established by law in the interest of private persons or for private use shall be governed by the provisions of this Title, without prejudice to the provisions of general or local laws and ordinances for the general welfare. Thus, every intendment of law or facts leans toward the validity of marriage, the indissolubility of the marriage bonds, the legitimacy of children, the community of property during marriage, the authority of parents over their children, and the validity of defense for any member of the family in case of unlawful aggression. The inventory having been completed, the paraphernal property shall first be paid. 1516. (1168a). 2030. The loser in any game which is not one of chance, when there is no local ordinance which prohibits betting therein, is under obligation to pay his loss, unless the amount thereof is excessive under the circumstances. If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception. (1878), Art. (1042a), Art. 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. (n). 1718. (1713a), Art. (944). (n), Art. 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. But in the first case he shall not enter into possession of the property until after having given sufficient security, with the intervention of the instituted heir. (1784a), Art. Civil obligations give a right of action to compel their performance. Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future. Only those who at the time of the donor's death have a right to the legitime and their heirs and successors in interest may ask for the reduction or inofficious donations. 2167. Rescission creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its interest; consequently, it can be carried out only when he who demands rescission can return whatever he may be obliged to restore. The benefit of division against the co-guarantors ceases in the same cases and for the same reasons as the benefit of excussion against the principal debtor. Notwithstanding the provisions of the preceding article, a daughter above twenty-one but below twenty-three years of age cannot leave the parental home without the consent of the father or mother in whose company she lives, except to become a wife, or when she exercises a profession or calling, or when the father or mother has contracted a subsequent marriage. (1880a), Art. If the certificate contains a false statement, one who suffers loss by reliance on such statement may hold liable any party to the certificate who knew the statement to be false: (1) At the time he signed the certificate, or. 1090. (n), Art. 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. If, however, a negotiable document of title representing the goods has been issued by the carrier or other bailee, he shall not obliged to deliver or justified in delivering the goods to the seller unless such document is first surrendered for cancellation. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall accompany the application for marriage license. Any stipulation permitting distances less than those prescribed in Article 670 is void. (614a), Art. The certificate shall be cancelled when the partnership is dissolved or all limited partners cease to be such. 1265. 876. Art. (n), Art. (1188), Art. 1686. If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. Illegitimate children referred to in Article 287 shall bear the surname of the mother. (1787a), Art. 1911. A compromise has upon the parties the effect and authority of res judicata; but there shall be no execution except in compliance with a judicial compromise. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable. 2043. The reciprocal obligation of warranty referred to in the preceding article shall be proportionate to the respective hereditary shares of the co-heirs, but if any one of them should be insolvent, the other co-heirs shall be liable for his part in the same proportion, deducting the part corresponding to the one who should be indemnified. (n). (1562), Art. 2173. 605. Art. Easements are established either by law or by the will of the owners. (766a), A simple substitution, without a statement of the cases to which it refers, shall comprise the three mentioned in the preceding paragraph, unless the testator has otherwise provided. The action to claim rescission must be commenced within four years. 1792. 2150. The wife may also by express authority of the husband appearing in a public instrument, administer the latter's estate. 1287. Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith. (5) In the case of breach of warranty of quality, such loss, in the absence of special circumstances showing proximate damage of a greater amount, is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty. 2094. When negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply. These expenses shall be met first from the conjugal property, then from the husband's capital, and lastly from the wife's paraphernal property. (500), Art. The interest on the proceeds of the sale of the movables and that on public securities and bonds, and the proceeds of the property placed under administration, shall belong to the usufructuary. The unauthorized or unlawful use of another person's surname gives a right of action to the latter. (n). (2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter; (3) Between the legitimate children of the adopter and the adopted. (n), Art. best. (651), Art. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. He shall not, however, cause any more impairment upon the property leased than is necessary. (n), Art. Art. Art. In the cases of Articles 1561, 1562, 1564, 1565 and 1566, the vendee may elect between withdrawing from the contract and demanding a proportionate reduction of the price, with damages in either case. If, in the execution of the work, an act of the employer is required, and he incurs in delay or fails to perform the act, the contractor is entitled to a reasonable compensation. After the legitime has been determined in accordance with the three preceding articles, the reduction shall be made as follows: (2) The reduction of the devises or legacies shall be pro rata, without any distinction whatever. 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. 578. 1875. Acceptance by the beneficiary is necessary. 1672. Art. 1641. A custom must be proved as a fact, according to the rules of evidence. (1728), Art. 2007. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act. (886a), Art. The lawful representatives of corporations, associations, institutions and entities qualified to acquire property may accept any inheritance left to the latter, but in order to repudiate it, the approval of the court shall be necessary. When any partner retires or dies, and the business is continued under any of the conditions set forth in the preceding article, or in Article 1837, second paragraph, No. Art. 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. Art. In both cases, the legal heir shall be considered as called to the succession until the arrival of the period or its expiration. 1496. One who recovers possession shall not be obliged to pay for improvements which have ceased to exist at the time he takes possession of the thing. Such application shall insofar as possible contain the following data: (4) Civil status (single, widow or widower, or divorced); (5) If divorced, how and when the previous marriage was dissolved; (7) Degree of relationship of the contracting parties; (12) Full name and residence of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty years, if a male, or eighteen years if a female. (379a), Art. Art. 1631. (1304), Art. Art. When goods are delivered to the buyer on approval or on trial or on satisfaction, or other similar terms, the ownership therein passes to the buyer: (2) If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. Expenses incurred by the parents in giving their children a professional, vocational or other career shall not be brought to collation unless the parents so provide, or unless they impair the legitime; but when their collation is required, the sum which the child would have spent if he had lived in the house and company of his parents shall be deducted therefrom. Art. 1696. This article shall not apply to property acquired by the conjugal partnership before the effective date of this Code. An agreement waiving or limiting the contractor's liability for any defect in the work is void if the contractor acted fraudulently. (1667a). 1674. (2) When there is a decree of legal separation; (4) In case of judicial separation of property under Article 191. If the lessor or the lessee should not comply with the obligations set forth in Articles 1654 and 1657, the aggrieved party may ask for the rescission of the contract and indemnification for damages, or only the latter, allowing the contract to remain in force. He is also obliged to advise the owner, with the same urgency, of the need of all repairs included in No. 1460. 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. 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