(917). (511), Article 602. The provisions of article 2052 are applicable to a pledge or mortgage. If the price is simulated, the sale is void, but the act may be shown to have been in reality a donation, or some other act or contract. (1594a). Article 599. Article 352. A parent who, in the interest of his or her family, desires to keep any agricultural, industrial, or manufacturing enterprise intact, may avail himself of the right granted him in this article, by ordering that the legitime of the other children to whom the property is not assigned, be paid in cash. (n). A nuisance is any act, omission, establishment, business, condition of property, or anything else which: (1) Injures or endangers the health or safety of others; or, (3) Shocks, defies or disregards decency or morality; or, (4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or. A) to reduce moral hazard B) to minimize physical hazards C) to settle property insurance losses on a replacement cost basis D) to require deductibles in all property insurance policies, Sam's furniture was destroyed by a fire. Should any question arise among the co-heirs upon the obligation to bring to collation or as to the things which are subject to collation, the distribution of the estate shall not be interrupted for this reason, provided adequate security is given. The annuity may be constituted upon the life of the person who gives the capital, upon that of a third person, or upon the lives of various persons, all of whom must be living at the time the annuity is established. The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity. But their sin is more grave than their benefit. (n). Nothing in this article shall affect the liability under article 1825 of any person who after dissolution represents himself or consents to another representing him as a partner in a partnership engaged in carrying on business. A usufruct granted for the time that may elapse before a third person attains a certain age, shall subsist for the number of years specified, even if the third person should die before the period expires, unless such usufruct has been expressly granted only in consideration of the existence of such person. (927), Article 976. 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. Parents or guardians may repudiate the inheritance left to their wards only by judicial authorization. (1876), Article 2127. Article 1169. 1755, Dec. 24, 1980.). (n), Article 1329. In the cases referred to in this article, all the property brought in shall be deemed to be newly contributed, even though all or some may be the same which existed before the liquidation effected by reason of the separation. Article 1844. However, after payment of the debt and expenses, the remainder of the price of the sale shall be delivered to the obligor. (4a, Act 2710), Article 103. Only the following property may be the object of a contract of mortgage: (2) Alienable real rights in accordance with the laws, imposed upon immovables. (1513). He cannot complain of the reasonable requirements of aerial navigation. Prescription obtained by a co-proprietor or a co-owner shall benefit the others. But sales of goods, chattels or things in action are governed by articles, 1403, No. If the deposit is gratuitous, the depositor is obliged to reimburse the depositary for the expenses he may have incurred for the preservation of the thing deposited. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! But if the refusal of consent by the other partners is manifestly prejudicial to the interest of the partnership, the court's intervention may be sought. It may also be constituted in favor of the person or persons upon whose life or lives the contract is entered into, or in favor of another or other persons. Article 208. Article 1112. The obligation of a person who borrows money shall be governed by the provisions of articles 1249 and 1250 of this Code. (4a), Article 57. Article 227. (28a). Parents are not obliged to bring to collation in the inheritance of their ascendants any property which may have been donated by the latter to their children. Article 1437. Whenever an amount or credit payable in a certain number of years belongs to one of the spouses, the sums which may be collected by installments due during the marriage shall not pertain to the conjugal partnership, but shall be considered capital of the husband or of the wife, as the credit may belong to one or the other spouse. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. (n), Article 1715. (n). The Lawphil Project - Arellano Law Foundation. Article 1026. Ratification extinguishes the action to annul a voidable contract. (1542), ARTICLE 1643. The family home, after its creation by virtue of judicial approval, shall be exempt from execution, forced sale, or attachment, except: (2) In satisfaction of a judgment on a debt secured by a mortgage constituted on the immovable before or after the establishment of the family home. Study with Quizlet and memorize flashcards containing terms like During a storm, heavy winds cause a tree limb to break and fall onto Paul's house, causing $6,500 in damage. (612a), Article 717. (n), Article 1906. Article 473. A usufruct constituted in favor of several persons living at the time of its constitution shall not be extinguished until the death of the last survivor. The official, priest, or minister solemnizing the marriage shall retain the third copy of the marriage contract, the marriage license and the affidavit of the interested party regarding the solemnization of the marriage in a place other than those mentioned in article 57 if there be any such affidavit, in the files that he must keep. Article 2253. (559), Article 645. 1 of the preceding article shall be governed by the provisions of the law establishing it, and in case of its deficiency, by the rules on voluntary deposit. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. A non-negotiable document cannot be negotiated and the indorsement of such a document gives the transferee no additional right. Eviction shall take place whenever by a final judgment based on a right prior to the sale or an act imputable to the vendor, the vendee is deprived of the whole or of a part of the thing purchased. In no case shall corporal punishment be countenanced. An assignee shall have the right to become a substituted limited partner if all the members consent thereto or if the assignor, being thereunto empowered by the certificate, gives the assignee that right. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. Article 1690. The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. Article 2227. 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. A revocation of a will based on a false cause or an illegal cause is null and void. (1784a), Article 2001. (561), Article 647. (1943). (1276), Article 1354. The right of choice shall belong to the executor or administrator who shall comply with the legacy by the delivery of a thing which is neither of inferior nor of superior quality. The existence of an apparent sign of easement between two estates, established or maintained by the owner of both, shall be considered, should either of them be alienated, as a title in order that the easement may continue actively and passively, unless, at the time the ownership of the two estates is divided, the contrary should be provided in the title of conveyance of either of them, or the sign aforesaid should be removed before the execution of the deed. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. Easements are also positive or negative. (n). If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. (n), Article 2101. (944a). Continuous easements are those the use of which is or may be incessant, without the intervention of any act of man. Article 1086. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education and support. Although misrepresentations or concealments may be used to perpetrate fraud, by no means are all misrepresentations and concealments acts of fraud. Article 2207. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (1334a), Article 134. The local civil registrar shall, however, before filing the papers, require the payment into the municipal treasury of the legal fees required in article 65. This prohibition does not apply when the donation takes effect after the death of the donor. Study with Quizlet and memorize flashcards containing terms like Which of the following is a fundamental purpose of the principle of indemnity? Since the insured has nothing to say more in the agreement and forced to accept the terms and conditions imposed by the insurance company. If the property donated was movable, the co-heirs shall only have a right to select an equivalent of other personal property of the inheritance at its just price. Q:2-Which of the following priciples states that in forming an insurance contract, both parties have a responsibility to the other? The usufructuary, before entering upon the enjoyment of the property, is obliged: (1) To make, after notice to the owner or his legitimate representative, an inventory of all the property, which shall contain an appraisal of the movables and a description of the condition of the immovables; (2) To give security, binding himself to fulfill the obligations imposed upon him in accordance with this Chapter. (1268), Article 1337. (n). (336), Article 458. Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced on petition of the same, insofar as they may be inofficious or excessive. (1476), Article 1554. 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. The contractor is responsible for the work done by persons employed by him. If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt. (n), Article 2032. (1270), Article 1345. A limit on the rights of a party to seek satisfaction in court. Goods are in transit within the meaning of the preceding article: (1) From the time when they are delivered to a carrier by land, water, or air, or other bailee for the purpose of transmission to the buyer, until the buyer, or his agent in that behalf, takes delivery of them from such carrier or other bailee; (2) If the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them, even if the seller has refused to receive them back. Article 339. Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so. (n), Article 156. (131a), Article 279. (1826). Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion. Article 1419. (n), Article 2156. If the sale is fictitious, for the purpose of extinguishing the lease, the supposed vendee cannot make use of the right granted in the first paragraph of this article. Parental authority cannot be renounced or transferred, except in cases of guardianship or adoption approved by the courts, or emancipation by concession. Article 1566. Said rules of court shall likewise provide for the appointment and duties of amicable compounders. Article 259. 14th century, in the meaning defined at sense 1a, 14th century, in the meaning defined at transitive sense 1a, Middle English, from Anglo-French, from Latin contractus, from contrahere to draw together, make a contract, reduce in size, from com- + trahere to draw, Middle English, from Middle French or Latin; Middle French contracter to agree upon, from Latin contractus see contract entry 1. Any stipulation permitting distances less than those prescribed in article 670 is void. Article 1025. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. The family home may also be set up by an unmarried person who is the head of a family or household. (1490). The passenger must observe the diligence of a good father of a family to avoid injury to himself. The property or income donated, bequeathed or devised to the unemancipated child for the expenses of his education and instruction shall pertain to him in ownership and usufruct; but the father or mother shall administer the same, if in the donation or testamentary provision the contrary has not been stated. b. Interruption in the possession of the whole or a part of a thing possessed in common shall be to the prejudice of all the possessors. (n), Article 1959. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local registrar thereof. (1423a), Article 183. If the heir should die without having accepted or repudiated the inheritance his right shall be transmitted to his heirs. 279. (1944a), Article 1122. Examples of elements that may make a contract unconscionable include: A limit on the damages a party may receive for breach of contract. (1548a), Article 1648. (401a), Article 496. The instrument proving the right pledged shall be delivered to the creditor, and if negotiable, must be indorsed. (n). 2, shall be satisfied out of partnership assets alone when such partner had been prior to dissolution: (1) Unknown as a partner to the person with whom the contract is made; and. In the absence of stipulation, the share of each partner in the profits and losses shall be in proportion to what he may have contributed, but the industrial partner shall not be liable for the losses. The debtor cannot ask for the return of the thing pledged against the will of the creditor, unless and until he has paid the debt and its interest, with expenses in a proper case. These are also known as two-sided contracts and are the kind of contract that is most commonly encountered. Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. The obligation to furnish support ceases upon the death of the obligor, even if he may be bound to give it in compliance with a final judgment. The separation of property shall not prejudice the rights previously acquired by creditors. Article 1458. (n), Article 723. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs. Article 381. In this case the proprietor shall pay the heirs of the contractor in proportion to the price agreed upon, the value of the part of the work done, and of the materials prepared, provided the latter yield him some benefit. (26). 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. (n), Article 1550. Donations which in accordance with the provisions of article 752, are inofficious, bearing in mind the estimated net value of the donor's property at the time of his death, shall be reduced with regard to the excess; but this reduction shall not prevent the donations from taking effect during the life of the donor, nor shall it bar the donee from appropriating the fruits. Article 37. (10a). The firms face possible fines. (n), Article 984. As for any obligation wherein the agent has exceeded his power, the principal is not bound except when he ratifies it expressly or tacitly. The condition not to do an impossible thing shall be considered as not having been agreed upon. Article 2038. Article 952. Article 2150. The wife manages the affairs of the household. (b) If the business is continued under the second paragraph, No. (414a), Article 510. (860), Article 929. Article 921. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural. (1396), Article 149. (1571a), Article 1677. They may also be acquired by means of prescription. Article 1577. 5 Insurance Policies Everyone Should Have, International COVID-19 Stimulus and Relief. (n), Article 1923. The action for annulment shall be brought within four years. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. But the latter, in order to exempt himself from the obligations imposed upon him by the preceding article, may always compel the debtor to enter again upon the enjoyment of the property, except when there is a stipulation to the contrary. Article 2219. The principal must advance to the agent, should the latter so request, the sums necessary for the execution of the agency. In order to impose an easement on an undivided tenement, or piece of land, the consent of all the co-owners shall be required. Article 911. Article 1595. Movables possessed through a crime can never be acquired through prescription by the offender. (n), Article 2096.
Imac 27-inch Late 2009 Upgrade, Document For Returned Goods Crossword Clue, Android Webview Programmatically, Simple Java Web Application With Database Using Eclipse, Les Frenchies Paris Guide, Like A Dragon Metacritic, Pure Pilates Locations, Things To Do In Knoxville At Night, Eureka Ergonomic Keyboard Drawer, Negative Impacts Of Biotechnology On The Environment, Double Commander Mac Alternative,