(1686a). 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. ARTICLE 1735. (1747a), ARTICLE 1945. If the house helper leaves without justifiable reason, he shall forfeit any salary due him and unpaid, for not exceeding fifteen days. Acts relating to possession, executed or agreed to by one who possesses a thing belonging to another as a mere holder to enjoy or keep it, in any character, do not bind or prejudice the owner, unless he gave said holder express authority to do such acts, or ratifies them subsequently. (1734), ARTICLE 1922. (n). An express acceptance must be made in a public or private document. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. (See notes on Special Laws) ACTS OF LASCIVIOUSNESS ELEMENTS: 1. The second heir shall acquire a right to the succession from the time of the testator’s death, even though he should die before the fiduciary. (1451a). If, there being two or more donations, the disposable portion is not sufficient to cover all of them, those of the more recent date shall be suppressed or reduced with regard to the excess. ARTICLE 81. In a contract of sale, unless a contrary intention appears, there is: (1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the ownership is to pass, and that the buyer shall from that time have and enjoy the legal and peaceful possession of the thing; (2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the buyer. ARTICLE 895. ARTICLE 1696. ARTICLE 539. ARTICLE 1843. ARTICLE 1038. (1694). Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. The contracting parties must have clearly and deliberately conferred a favor upon a third person. If the debtor accepts from the creditor a receipt in which an application of the payment is made, the former cannot complain of the same, unless there is a cause for invalidating the contract. Any of the following or similar stipulations shall be considered unreasonable, unjust and contrary to public policy: (1) That the goods are transported at the risk of the owner or shipper; (2) That the common carrier will not be liable for any loss, destruction, or deterioration of the goods; (3) That the common carrier need not observe any diligence in the custody of the goods; (4) That the common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of ordinary prudence in the vigilance over the movables transported; (5) That the common carrier shall not be responsible for the acts or omission of his or its employees; (6) That the common carrier’s liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat, violence or force, is dispensed with or diminished; (7) That the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the car, vehicle, ship, airplane or other equipment used in the contract of carriage. But the creditor may petition the court for the payment of the debt or the sale of the real property. However, the common carrier must exercise due diligence to prevent or minimize loss before, during and after the occurrence of flood, storm or other natural disaster in order that the common carrier may be exempted from liability for the loss, destruction, or deterioration of the goods. In case the death certificate cannot be found, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and the date of the death of the deceased spouse. (1078a), ARTICLE 1103. No limited partner shall in respect to any such claim: (1) Receive or hold as collateral security any partnership property, or. (40a), ARTICLE 51. (1049). (414a), ARTICLE 510. (1127). Life annuity shall be void if constituted upon the life of a person who was already dead at the time the contract was entered into, or who was at that time suffering from an illness which caused his death within twenty days following said date. The action for rescission is subsidiary; it cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same. But if the veterinarian, through ignorance or bad faith, should fail to discover or disclose it, he shall be liable for damages. Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion. ARTICLE 281. Where the goods are of perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price for an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods. The family home may be sold, alienated or encumbered by the person who has constituted the same, with the consent of his or her spouse, and with the approval of the court. The lessee is responsible for the deterioration or loss of the thing leased, unless he proves that it took place without his fault. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES, ARTICLE 1. A particular partnership has for its object determinate things, their use or fruits, or a specific undertaking, or the exercise of a profession or vocation. (1006), ARTICLE 1054. Pledges created by operation of law, such as those referred to in articles 546, 1731, and 1994, are governed by the foregoing articles on the possession, care and sale of the thing as well as on the termination of the pledge. Improvements, whether for utility or adornment, made on the separate property of the spouses through advancements from the partnership or through the industry of either the husband or the wife, belong to the conjugal partnership. (1455a), ARTICLE 1488. (1180), ARTICLE 1261. (1502a) temuim. (1942), ARTICLE 1120. When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary. (5a), ARTICLE 58. (n), ARTICLE 144. (n), ARTICLE 1597. In case of a tie, the matter shall be decided by the partners owning the controlling interest. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. (579a), ARTICLE 667. Upon the dissolution and liquidation of the community, the net assets shall be divided equally between the husband and the wife or their heirs. (1150). The father, or in his absence the mother, is the legal administrator of the property pertaining to the child under parental authority. (n), ARTICLE 1111. 4, the expiration of the month allowed for the report. There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made wherever the thing might be at the moment the obligation was constituted. In order to make a will it is essential that the testator be of sound mind at the time of its execution. If the owner of a building supported by a party wall desires to demolish the building, he may also renounce his part-ownership of the wall, but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only, shall be borne by him. ARTICLE 424. ARTICLE 78. Country-by-Country Information About Child Abduction and Divorce, Lehn v. Al-Thanayyan: Expert Testimony, Jeremy Morley, Child Abduction, Kuwait, HOW TO WIN A HAGUE CONVENTION CHILD ABDUCTION CASE, THE FUTURE OF THE GRAVE RISK OF HARM DEFENSE IN HAGUE CASES, International Prenuptial Agreements: Necessary but Dangerous, Philippines’ Laws on Adultery, Concubinage and Marriage Nullity, The Supreme Court and the Hague Abduction Convention, Expert Testimony in International Family Law Cases, Comparing Divorce Jurisdictions in International Family Law, How to Win a Hague Convention Child Abduction Case. 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. aawiii, ARTICLE 1441. (2) So far unknown and inactive in partnership affairs that the business reputation of the partnership could not be said to have been in any degree due to his connection with it. (1210a), ARTICLE 1303. Declaration of Policy. As to other baggage, the rules in articles 1998 and 2000 to 2003 concerning the responsibility of hotel-keepers shall be applicable. In order that the right of accretion may take place in a testamentary succession, it shall be necessary: (1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and, (2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. (n). (133a). Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees. (1124), ARTICLE 1192. ARTICLE 586. Legacies of money must be paid in cash, even though the heir or the estate may not have any. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. (381). An agreement limiting the common carrier’s liability for delay on account of strikes or riots is valid. No contract may be entered into upon future inheritance except in cases expressly authorized by law. (996a). With regard to judicial costs, the Rules of Court shall govern. ARTICLE 1121. ARTICLE 2166. 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 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. 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. (834a), ARTICLE 997. When the employee’s lack of due care contributed to his death or injury, the compensation shall be equitably reduced. (1499), ARTICLE 1581. No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. The following actions must be brought within ten years from the time the right of action accrues: ARTICLE 1145. (946a), ARTICLE 1004. Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Agency may be oral, unless the law requires a specific form. The following are disqualified from being witnesses to a will: (1) Any person not domiciled in the Philippines; (2) Those who have been convicted of falsification of a document, perjury or false testimony. (56a), ARTICLE 110. 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. As for any obligation wherein the agent has exceeded his power, the principal is not bound except when he ratifies it expressly or tacitly. In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract of sale. Property held by the insolvent debtor as a trustee of an express or implied trust, shall be excluded from the insolvency proceedings. If the law requires a document or other special form, as in the acts and contracts enumerated in the following article, the contracting parties may compel each other to observe that form, once the contract has been perfected. (1411a), Administration of the Conjugal Partnership, ARTICLE 165. Any person of sound mind and of the age of eighteen years or more, and not blind, deaf or dumb, and able to read and write, may be a witness to the execution of a will mentioned in article 805 of this Code. (1590a). If the goods are delivered to a ship, freight train, truck, or airplane chartered by the buyer, it is a question depending on the circumstances of the particular case, whether they are in the possession of the carrier as such or as agent of the buyer. A simple mistake of account shall give rise to its correction. (1096), ARTICLE 1166. (1160a). All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved. ARTICLE 1703. If the testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses, and again, by the notary public before whom the will is acknowledged. In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. When the testator charges one of the heirs with a legacy or devise, he alone shall be bound. The guarantor who pays for a debtor must be indemnified by the latter. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. (1833a), ARTICLE 2062. Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract of sale, or has manifested his inability to perform his obligations thereunder, or has committed a breach thereof, the seller may totally rescind the contract of sale by giving notice of his election so to do to the buyer. The petition shall contain the following particulars: (3) A statement that the petitioner is actually residing in the premises; (5) The names and addresses of all the creditors of the petitioner and of all mortgagees and other persons who have an interest in the property; (6) The names of the other beneficiaries specified in article 226. ARTICLE 2247. (1689a). In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature. ARTICLE 1797. (1574), Special Provisions for Leases of Rural Lands. (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 exempting 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. (1008). (1275a), ARTICLE 1353. Donations which an illegitimate child may have received during the lifetime of his father or mother, shall be charged to his legitime. The principal is not liable for the expenses incurred by the agent in the following cases: (1) If the agent acted in contravention of the principal’s instructions, unless the latter should wish to avail himself of the benefits derived from the contract; (2) When the expenses were due to the fault of the agent; (3) When the agent incurred them with knowledge that an unfavorable result would ensue, if the principal was not aware thereof; (4) When it was stipulated that the expenses would be borne by the agent, or that the latter would be allowed only a certain sum. ARTICLE 1560. 1; (11) Taxes and assessments due any city or municipality, other than those indicated in articles 2241, No. ARTICLE 2196. If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery. Payment shall be made in the place designated in the obligation. ARTICLE 338. (859), ARTICLE 927. This sale shall be made at a public auction, and with notification to the debtor and the owner of the thing pledged in a proper case, stating the amount for which the public sale is to be held. If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to said damages and the amount thereof. (1319a), ARTICLE 122. 1, and the limited partner would otherwise be entitled to the return of his contribution. The father and mother, if living, shall inherit in equal shares. Otherwise, he shall be liable for damages. The amount mentioned in article 231 thus received by the person who has established the family home, or as much thereof as the court may determine, shall be invested in the constitution of a new family home. Under Article 247 of the Revised Code, anyone “who having surprised … If the person interested in the condition should prevent its fulfillment, without the fault of the heir, the condition shall be deemed to have been complied with. ARTICLE 2236. (1) That the minor be eighteen years of age; (3) That the concession be deemed convenient for the minor. 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. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription. The incidents of this co-ownership are such that: (1) A partner, subject to the provisions of this Title and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of his partners; (2) A partner’s right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property; (3) A partner’s right in specific partnership property is not subject to attachment or execution, except on a claim against the partnership. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. ARTICLE 1780. ARTICLE 210. When there is a separation in fact between husband and wife, without judicial approval, the provisions of article 178 shall apply. ARTICLE 264. When the testator institutes some heirs individually and others collectively as when he says, “I designate as my heirs A and B, and the children of C,” those collectively designated shall be considered as individually instituted, unless it clearly appears that the intention of the testator was otherwise. By the contract of agency a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. ARTICLE 478. Whenever the different stories of a house belong to different owners, if the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject, the following rules shall be observed: (1) The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each; (2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the entrance, front door, common yard and sanitary works common to all, shall be maintained at the expense of all the owners pro rata; (3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the owner of the first story; and so on successively. With reference to specific immovable property and real rights of the debtor, the following claims, mortgages and liens shall be preferred, and shall constitute an encumbrance on the immovable or real right: (2) For the unpaid price of real property sold, upon the immovable sold; (3) Claims of laborers, masons, mechanics and other workmen, as well as of architects, engineers and contractors, engaged in the construction, reconstruction or repair of buildings, canals or other works, upon said buildings, canals or other works; (4) Claims of furnishers of materials used in the construction, reconstruction, or repair of buildings, canals or other works, upon said buildings, canals or other works; (5) Mortgage credits recorded in the Registry of Property, upon the real estate mortgaged; (6) Expenses for the preservation or improvement of real property when the law authorizes reimbursement, upon the immovable preserved or improved; (7) Credits annotated in the Registry of Property, in virtue of a judicial order, by attachments or executions, upon the property affected, and only as to later credits; (8) Claims of co-heirs for warranty in the partition of an immovable among them, upon the real property thus divided; (9) Claims of donors or real property for pecuniary charges or other conditions imposed upon the donee, upon the immovable donated; (10) Credits of insurers, upon the property insured, for the insurance premium for two years. The action to impugn the legitimacy of the child shall be brought within one year from the recording of the birth in the Civil Register, if the husband should be in the same place, or in a proper case, any of his heirs. 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 district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance. (n). (n). No such waiver shall be made if it is prejudicial to the co-ownership. (862a), ARTICLE 931. ARTICLE 885. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription: (1) To demand a right of way, regulated in article 649; (2) To bring an action to abate a public or private nuisance. The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation. With respect to animals, it is sufficient that they are in the womb of the mother, although unborn. (109), ARTICLE 257. 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. Where both spouses are offenders, a legal separation cannot be claimed by either of them. Only be exercised common ancestor may counsel the offender to comply with the Rules of court shall care. Eventhough these crimes are of the fraud creditor may proceed against the guilty or absent.... The appropriate actions for breach of contract by a proper case, by express authority of majority... Through mistake, violence or undue influence, or substitution of any family rejoicing ordered to the! 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