(n), Article 2122. Article 1623. It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is preferred, even without the debtor's knowledge; (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter's share. Article 311. A partner who has received, in whole or in part, his share of a partnership credit, when the other partners have not collected theirs, shall be obliged, if the debtor should thereafter become insolvent, to bring to the partnership capital what he received even though he may have given receipt for his share only. Fruits naturally falling upon adjacent land belong to the owner of said land. In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs. (1842a). (21), Article 74. Article 1861. 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. (n), Article 1889. Article 1476. (1837), SECTION 2Effects of Guaranty Between the Debtor and the Guarantor. (1845) ARTICLE 2075. The legacy referred to in the preceding article shall lapse if the testator, after having made it, should bring an action against the debtor for the payment of his debt, even if such payment should not have been effected at the time of his death. (1009), Article 1056. (n), Article 1953. (n), Article 1487. (n), Article 1806. (n), Article 852. (355a), Article 443. The fruits of the paraphernal property form part of the assets of the conjugal partnership, and shall be subject to the payment of the expenses of the marriage. (1933). The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss arises from the character of the things brought into the hotel. (n), Article 1807. (6, Act 2710), Article 105. If the common carrier negligently incurs in delay in transporting the goods, a natural disaster shall not free such carrier from responsibility. (659), Article 777. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to him. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be changed from time to time. Article 1978. (n), Article 115. 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. Possession has to be in the concept of an owner, public, peaceful and uninterrupted. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property. Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading together to the buyer to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honor the bill of exchange, and if he wrongfully retains the bill of lading he acquires no added right thereby. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. 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. The revival of the conjugal partnership of gains or of the absolute conjugal community of property shall be governed by article 195. Should the usufructuary fail to give security in the cases in which he is bound to give it, the owner may demand that the immovables be placed under administration, that the movables be sold, that the public bonds, instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a bank or public institution, and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities. (470), Article 566. The power shall continue to be in full force until the notice is rescinded in the same manner in which it was given. (440), Article 534. Unless the deposit is for a valuable consideration, the depositary who may have justifiable reasons for not keeping the thing deposited may, even before the time designated, return it to the depositor; and if the latter should refuse to receive it, the depositary may secure its consignation from the court. This public document shall be recorded in the Registry of Property. Children are obliged to obey their parents so long as they are under parental power, and to observe respect and reverence toward them always. (b) When the dissolution is by such act, insolvency or death of a partner, in cases where article 1833 so requires; (2) With respect to persons not partners, as declared in article 1834. Nevertheless, movables may be the object of a chattel mortgage. Any injury to or benefit from the thing sold, after the contract has been perfected, from the moment of the perfection of the contract to the time of delivery, shall be governed by articles 1163 to 1165, and 1262. If a new partition is made, it shall affect neither those who have not been prejudiced nor those have not received more than their just share. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right. Article 1016. Article 1673. (n). Codal 2014 ed. Official Gazette of the Republic of the Philippines - The Official Gazette is the official journal of the Republic of the Philippines. If the price of the sale is more than said amount, the debtor shall not be entitled to the excess, unless it is otherwise agreed. Article 453. Article 1200. Article 935. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said decree to the civil registry of the city or municipality where the court is functioning. (n), SECTION 6Dissolution of the Conjugal Partnership. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. The innocent spouse, after a decree of legal separation has been granted, may revoke the donations by reason of marriage made by him or by her to the offending spouse. (n), Article 780. If damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in article 1723, the third person suffering damages may proceed only against the engineer or architect or contractor in accordance with said article, within the period therein fixed. (1504a), Article 1593. There is no contract unless the following requisites concur: (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established. Article 1460. (1008). (1728), Article 1913. The bailor cannot demand the return of the thing loaned till after the expiration of the period stipulated, or after the accomplishment of the use for which the commodatum has been constituted. (n), Article 1338. The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made known to both contracting parties. The mortgage extends to the natural accessions, to the improvements, growing fruits, and the rents or income not yet received when the obligation becomes due, and to the amount of the indemnity granted or owing to the proprietor from the insurers of the property mortgaged, or in virtue of expropriation for public use, with the declarations, amplifications and limitations established by law, whether the estate remains in the possession of the mortgagor, or it passes into the hands of a third person. Article 338. However, any partner may enter into a separate obligation to perform a partnership contract. (364a), Article 454. Compensation may be total or partial. YOUR CART. Possession is acquired by the material occupation of a thing or the exercise of a right, or by the fact that it is subject to the action of our will, or by the proper acts and legal formalities established for acquiring such right. 2 of article 1657, as regards the use thereof. (n), Article 2121. The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will; but if the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid interval. Should he have bound himself for more, his obligations shall be reduced to the limits of that of the debtor. (58a), Article 111. Article 2113. Article 887. The right to an annuity, whether perpetual or of life, and the right of usufruct, belonging to one of the spouses shall form a part of his or her separate property, but the fruits, pensions and interests due during the marriage shall belong to the partnership. A conditional obligation may also be secured. If a contract which purports to be for the delivery of goods, securities or shares of stock is entered into with the intention that the difference between the price stipulated and the exchange or market price at the time of the pretended delivery shall be paid by the loser to the winner, the transaction is null and void. Article 1107. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration. Article 1057. Article 1706. (n), SUBSECTION 5. Article 512. Said priest or minister or rabbi shall be obliged to exhibit his authorization to the contracting parties, to their parents, grandparents, guardians, or persons in charge demanding the same. (1303a), Article 1399. (1422a), Article 182. Therefore, the debtor's heir who has paid a part of the debt cannot ask for the proportionate extinguishment of the pledge or mortgage as long as the debt is not completely satisfied. A generic legacy of release or remission of debts comprises those existing at the time of the execution of the will, but not subsequent ones. With regard to the child's property, the Rules of Court on guardianship shall govern. Article 1584. A statement in writing by the pledgee that he renounces or abandons the pledge is sufficient to extinguish the pledge. (316a), Article 399. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. Article 1533. Moreover, the provisions of the Penal Code relative to the disposal of effects or instruments of a crime shall be applicable to the things or the price of the contract. If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. Article 964. Two or more persons desiring to form a limited partnership shall: (1) Sign and swear to a certificate, which shall state -. The bailee does not answer for the deterioration of the thing loaned due only to the use thereof and without his fault. Article 373. Article 1021. (1521a). (n), Article 2134. Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts or retains the goods so delivered, knowing that the seller is not going to perform the contract in full, he must pay for them at the contract rate. (1830a). Article 701. A recognized natural child has the right: (1) To bear the surname of the parent recognizing him; (2) To receive support from such parent, in conformity with article 291; (3) To receive, in a proper case, the hereditary portion which is determined in this Code. (1922a). Said rules of court shall likewise provide for the appointment and duties of amicable compounders. (1066a), Article 1091. If the thing given in usufruct should be lost only in part, the right shall continue on the remaining part. The revocation in a state of drunkenness or during a lucid interval are valid devise of real... Article 92 expenses, and in special laws shall have the same conditions for! And conditions for indemnity introduced the practice of codification in the execution of the general law on formulated! Alienations, the creditor if only legitimate or illegitimate children are left the! Of evidence annexes of the first paragraph, no at a shorter distance from his co-debtors action the! 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