Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners' act does not bind the partnership under the provisions of the first paragraph of Article 1818, unless the purchaser or his assignee, is a holder for value, without knowledge. (n). For the purpose of ascertaining their amount, the fruits and interest of the property of the estate of the same kind and quality as that subject to collation shall be made the standard of assessment. With regard to ornamental expenses, the lessee shall not be entitled to any reimbursement, but he may remove the ornamental objects, provided no damage is caused to the principal thing, and the lessor does not choose to retain them by paying their value at the time the lease is extinguished. Art. (1561a), Art. Art. (136a). If a natural child is recognized or judicially declared as natural, such recognition or declaration shall extend to his or her brothers or sisters of the full blood: Provided, That the consent of the latter shall be implied if they do not impugn the recognition within four years from the time of such recognition, or in case they are minors, within four years following the attainment of majority. Usufruct may be constituted on the whole or a part of the fruits of the thing, in favor of one more persons, simultaneously or successively, and in every case from or to a certain day, purely or conditionally. (402), Art. (1151a), The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. (182). (n), Art. Art. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother. 1741. 37 Full PDFs related to this paper. The time for prescription for all kinds of actions, when there is no special provision which ordains otherwise, shall be counted from the day they may be brought. 2233. 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. Art. 607. The following donations shall be void: (2) Those made between persons found guilty of the same criminal offense, in consideration thereof; (3) Those made to a public officer or his wife, descedants and ascendants, by reason of his office. 1422. The husband may dispose of the conjugal partnership property for the purposes specified in Articles 161 and 162. 1588. Accretion shall also take place among devisees, legatees and usufructuaries under the same conditions established for heirs. (1334a), Art. 790. 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. Whenever the usufruct includes things which, without being consumed, gradually deteriorate through wear and tear, the usufructuary shall have the right to make use thereof in accordance with the purpose for which they are intended, and shall not be obliged to return them at the termination of the usufruct except in their condition at that time; but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence. Art. Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the others, it shall be sold and its proceeds distributed. 2, either alone or with others, and without liquidation of the partnership affairs; (6) When a partner is expelled and the remaining partners continue the business either alone or with others without liquidation of the partnership affairs. The actual market value of the fruits at the time of the application thereof to the interest and principal shall be the measure of such application. 1111. 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. Art. (n). 2193. (1553). 570. Art. (1772a), Art. 1659. 1640. Art. (1180), Art. (1893). (1720a). (128a), Art. (n), Art. In case of death of the house helper, the head of the family shall bear the funeral expenses if the house helper has no relatives in the place where the head of the family lives, with sufficient means therefor. 1950. 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. (n). Full blood relationship is that existing between persons who have the same father and the same mother. (1744a and 1745), Art. 728. (1063), Art. If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place. 262. The provisions of the present Title are understood to be without prejudice to what in this Code or in special laws is established with respect to specific cases of prescription. (n), Art. 217. (501). 565. 797. (n), Art. However, if there is a stipulation that the thing should be returned to one of the depositors, the depositary shall return it only to the person designated. 690. (762a), Art. 1234. 2141. 1501. Art. The vendor in good faith shall be responsible for the existence and legality of the credit at the time of the sale, unless it should have been sold as doubtful; but not for the solvency of the debtor, unless it has been so expressly stipulated or unless the insolvency was prior to the sale and of common knowledge. The legitime reserved for the legitimate parents shall be divided between them equally; if one of the parents should have died, the whole shall pass to the survivor. 171. The taxes which, during the usufruct, may be imposed directly on the capital, shall be at the expense of the owner. Art. Where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer, except in the case provided for in Article 1503, first, second and third paragraphs, or unless a contrary intent appears. (1001), Art. 1626. 145. 602. (1524a), Art. (1761), Art. (n). If the adopter is survived by legitimate parents or ascendants and by an adopted person, the latter shall not have more successional rights than an acknowledged natural child. 2049. If a person in representation of another sells or alienates a thing, the former cannot subsequently set up his own title as against the buyer or grantee. Where the buyer is entitled to rescind the sale and elects to do so, if the seller refuses to accept an offer of the buyer to return the goods, the buyer shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to secure payment of any portion of the price which has been paid, and with the remedies for the enforcement of such lien allowed to an unpaid seller by Article 1526. (1674a). (n), Art. (1812a), Art. The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. 1222. If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its entirety, without changing the place of its use, or making it more burdensome in any other way. (4) The party defrauded must have acted in accordance with the misrepresentation. (n). 1439. (320a), Art. (n), Art. 313. 2257. Art. 1708. (n), Art. 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. 754. (1144a). But the compromise may be annulled or rescinded if it refers only to one thing to which one of the parties has no right, as shown by the newly-discovered documents. Trade-marks and trade-names are governed by special laws. He who paid unduly may proceed only against the true debtor or the guarantors with regard to whom the action is still effective. In the case of a contract of sale by sample, if the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. 2 of Article 1657, as regards the use thereof. 306. The property which the unemancipated child has acquired or may acquire with his work or industry, or by any lucrative title, belongs to the child in ownership, and in usufruct to the father or mother under whom he is under parental authority and in whose company he lives; but if the child, with the parent's consent, should live independently from them, he shall be considered as emancipated for all purposes relative to said property, and he shall have over it dominion, usufruct and administration. 1325. (1673). 1052. If the petitioner is married, the family home may be selected from the conjugal partnership or community property, or from the separate property of the husband, or, with the consent of the wife, from her paraphernal property. (1170), Art. 873. The exhibition of baptismal or birth certificates shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. In order that compensation may be proper, it is necessary: (2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; (4) That they be liquidated and demandable; (5) That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor. 453. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as the court may deem just. 1595. (405), Art. The unauthorized or unlawful use of another person's surname gives a right of action to the latter. (Sec. Liquidation of the absolute community shall be governed by the Rules of Court on the administration of the estate of deceased persons. 189. 382. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (2) In a subsequent marriage under Article 83, Number 2, that the former husband or wife believed to be dead was in fact living and the marriage with such former husband or wife was then in force; (3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife; (4) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as her husband or his wife, as the case may be; (5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be; (6) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable. (619a), Art. 1862. 625. (6) Any others specially disqualified by law. 1083. Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material and moral. A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. With regard to movable property, its delivery may also be made by the delivery of the keys of the place or depository where it is stored or kept. 580. (541a), Art. If the material is lost through a fortuitous event, the contract is extinguished. A general guardian or a guardian over the person shall have the same authority over the ward's person as the parents. (n). 128. (1117). 1860. (1039), Art. 597. (1433a). Should the wife fail to exercise this right, she or her heirs, after the dissolution of the marriage, may demand the value of property fraudulently alienated by the husband. Art. Art. (834a), Art. (1681a), Art. 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. (1103). A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him. In the sale of animals with redhibitory defects, the vendee shall also enjoy the right mentioned in article 1567; but he must make use thereof within the same period which has been fixed for the exercise of the redhibitory action. 904. 213. 1022. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. 1187. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. In both cases, the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. Usage Frequency: 2 41. The sole owner of a thing may sell an undivided interest therein. 2150. No compromise upon the following questions shall be valid: (2) The validity of a marriage or a legal separation; 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. 933. The instrument proving the right pledged shall be delivered to the creditor, and if negotiable, must be indorsed. 1546. Art. (1424). 893. The sale of the thing pledged shall extinguish the principal obligation, whether or not the proceeds of the sale are equal to the amount of the principal obligation, interest and expenses in a proper case. In case of mistake or fraud, from the time of the discovery of the same. If the annuity was constituted in fraud of creditors, the latter may ask for the execution or attachment of the property. 1670. 1539. Art. The contracting parties may stipulate that the interest upon the debt be compensated with the fruits of the property which is the object of the antichresis, provided that if the value of the fruits should exceed the amount of interest allowed by the laws against usury, the excess shall be applied to the principal. This paper. (1595), Art. BATASnatin Legal Services "Excellence is our Standard" Mobile Globe: +63 (915) 954-6080Mobile Smart: +63 (949) 589-8377Landline: (632) 359-4203 Email: [email … Actions and rights which came into being but were not exercised before the effectivity of this Code, shall remain in full force in conformity with the old legislation; but their exercise, duration and the procedure to enforce them shall be regulated by this Code and by the Rules of Court. Art. A mere incidental benefit or interest of a person is not sufficient. The creditor shall take care of the thing pledged with the diligence of a good father of a family; he has a right to the reimbursement of the expenses made for its preservation, and is liable for its loss or deterioration, in conformity with the provisions of this Code. If the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune. 552. In case of annulment of the marriage, the spouse who acted in bad faith or gave cause for annulment shall forfeit his or her share of the conjugal partnership profits. (n), Art. If months are designated by their name, they shall be computed by the number of days which they respectively have. 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