The provisions of the preceding article shall govern. (1154a). (146a), ARTICLE 297. If the pledge earns or produces fruits, income, dividends, or interests, the creditor shall compensate what he receives with those which are owing him; but if none are owing him, or insofar as the amount may exceed that which is due, he shall apply it to the principal. In order that the consignation of the thing due may release the obligor, it must first be announced to the persons interested in the fulfillment of the obligation. The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights of mortgage, servitude, or any other real rights belonging to them before the division was made. ARTICLE 1595. In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated. However, the family home shall under no circumstances be donated as long as there are beneficiaries. Such notice may be given either to the person in actual possession of the goods or to his principal. The price of securities, grain, liquids, and other things shall also be considered certain, when the price fixed is that which the thing sold would have on a definite day, or in a particular exchange or market, or when an amount is fixed above or below the price on such day, or in such exchange or market, provided said amount be certain. Discontinuous easements are those which are used at intervals and depend upon the acts of man. (n). The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lack of necessary repairs. ARTICLE 1049. (1313), ARTICLE 1397. Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only: (1) Flood, storm, earthquake, lightning, or other natural disaster or calamity; (2) Act of the public enemy in war, whether international or civil; (3) Act or omission of the shipper or owner of the goods; (4) The character of the goods or defects in the packing or in the containers; (5) Order or act of competent public authority. He shall also be bound for warranty in case of eviction with regard to specific and determinate things which he may have contributed to the partnership, in the same cases and in the same manner as the vendor is bound with respect to the vendee. The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime; but the disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime. The commission agent who handles goods of the same kind and mark, which belong to different owners, shall distinguish them by countermarks, and designate the merchandise respectively belonging to each principal. (31a). The preceding articles of this Subsection shall be applicable to judicial sales, except that the judgment debtor shall not be liable for damages. (1901), ARTICLE 2164. (553a), ARTICLE 639. (Click to find your country), IMPORTANT: WE REQUIRE SPECIFIC INFORMATION ABOUT YOUR SITUATION OR WE WILL NOT BE ABLE TO RESPOND. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. Subsequent negotiations may be made in like manner. (1922a). ARTICLE 226. ARTICLE 485. (n), ARTICLE 1298. Where the ownership in the goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu where the ownership has passed to the buyer. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. ARTICLE 224. (n), ARTICLE 2186. The family home may be established judicially or extrajudicially. He need not be in possession of said property. Should the vendor have reasonable grounds to fear the loss of immovable property sold and its price, he may immediately sue for the rescission of the sale. 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. ARTICLE 477. For the validity of marriage settlements executed by any person upon whom a sentence of civil interdiction has been pronounced, the presence and participation of the guardian shall be indispensable, who for this purpose shall be designated by a competent court, in accordance with the provisions of the Rules of Court. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor. (1494a). (1092a), ARTICLE 1162. 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. 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. (1691). When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate heirs, after the settlement of the debts of the deceased, pays a legacy in compliance with a clause in the defective will, the payment is effective and irrevocable. A sub-surety in the same case, cannot demand the exhaustion of the property of the debtor or of the surety. If solidarity has been agreed upon, each of the agents is responsible for the non-fulfillment of the agency, and for the fault or negligence of his fellows agents, except in the latter case when the fellow agents acted beyond the scope of their authority. Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void. Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon. (1326a), ARTICLE 126. The marriage shall be solemnized publicly in the office of the judge in open court or of the mayor, or in the church, chapel or temple, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with article 72 of this Code, or in case of marriage referred to in article 76 or when one of the parents or the guardian of the female or the latter herself if over eighteen years of age request it in writing, in which cases the marriage may be solemnized at a house or place designated by said parent or guardian of the female or by the latter herself in a sworn statement to that effect. As for obligations to do and not to do, the provisions of the second paragraph of article 1187 shall be observed as regards the effect of the extinguishment of the obligation. ARTICLE 1690. Whenever by any title a right has been acquired to have direct views, balconies or belvederes overlooking an adjoining property, the owner of the servient estate cannot build thereon at less than a distance of three meters to be measured in the manner provided in article 671. (2) His opposition is founded on serious and valid grounds. (1830a). (b) If the business is continued under the second paragraph, No. 2 (b). When the testator calls to the succession a person and his children they are all deemed to have been instituted simultaneously and not successively. Those credits which do not enjoy any preference with respect to specific property, and those which enjoy preference, as to the amount not paid, shall be satisfied according to the following rules: (1) In the order established in article 2244; (2) Common credits referred to in article 2245 shall be paid pro rata regardless of dates. All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved. (177a), ARTICLE 343. (n). (368a), ARTICLE 460. ARTICLE 2195. When there is solidarity or the thing does not admit of division, the provisions of articles 1212 and 1214 shall govern. (1139), ARTICLE 1210. However, she may choose to continue employing her former husband’s surname, unless: (2) She or the former husband is married again to another person. Nevertheless, should he discover that the thing has been stolen and who its true owner is, he must advise the latter of the deposit. ARTICLE 1867. (n). When goods are delivered to the buyer “on sale or return” to give the buyer an option to return the goods instead of paying the price, the ownership passes to the buyer on delivery, but he may revest the ownership in the seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time. republic act 8504: philippine aids prevention and control act of 1998. an act promulgating policies and prescribing measures for the prevention and control of hiv/aids in the philippines, instituting a nationwide hiv/aids program, establishing a comprehensive hiv/aids monitoring system, strengthening the philippine national aids council, and for other purposes ARTICLE 442. ARTICLE 1850. (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury; (2) For injury to the plaintiff’s business standing or commercial credit. ARTICLE 1857. (860), ARTICLE 929. Nevertheless, one who has lost any movable or has been unlawfully deprived thereof, may recover it from the person in possession of the same. The sublessee is subsidiarily liable to the lessor for any rent due from the lessee. ARTICLE 979. ARTICLE 199. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. (1937), ARTICLE 1115. ARTICLE 1760. A negotiable document of title may be negotiated: (2) By any person to whom the possession or custody of the document has been entrusted by the owner, if, by the terms of the document the bailee issuing the document undertakes to deliver the goods to the order of the person to whom the possession or custody of the document has been entrusted, or if at the time of such entrusting the document is in such form that it may be negotiated by delivery. (1470a), ARTICLE 1541. Every house helper shall be allowed four days’ vacation each month, with pay. (1006), ARTICLE 1054. ARTICLE 908. Even if it should fall on his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the adjacent land or tenement. If the assignee has reasonable grounds to believe that the actual value of the family home exceeds the amount fixed in article 231, he may take action under the provisions of articles 247, 248 and 249. (1565), ARTICLE 1670. (1488a), ARTICLE 1570. 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. When money is paid or property delivered for an illegal purpose, the contract may be repudiated by one of the parties before the purpose has been accomplished, or before any damage has been caused to a third person. (1109a). At the sale under execution referred to in the two preceding articles, no bid shall be considered unless it exceeds the amount specified in article 231. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent, in case the inheritance is accepted. (751). (n), ARTICLE 1724. A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. Donations during the marriage by one of the spouses to the children whom the other spouse had by another marriage, or to persons of whom the other spouse is a presumptive heir at the time of the donation are voidable, at the instance of the donor’s heirs after his death. (1865a), ARTICLE 2097. The conjugal partnership shall be liable for: (1) All debts and obligations contracted by the husband for the benefit of the conjugal partnership, and those contracted by the wife, also for the same purpose, in the cases where she may legally bind the partnership; (2) Arrears or income due, during the marriage, from obligations which constitute a charge upon property of either spouse or of the partnership; (3) Minor repairs or for mere preservation made during the marriage upon the separate property of either the husband or the wife; major repairs shall not be charged to the partnership; (4) Major or minor repairs upon the conjugal partnership property; (5) The maintenance of the family and the education of the children of both husband and wife, and of legitimate children of one of the spouses; (6) Expenses to permit the spouses to complete a professional, vocational or other course. The persons named in the preceding article shall exercise reasonable supervision over the conduct of the child. What is adultery? ARTICLE 363. The delivery of movable property may likewise be made by the mere consent or agreement of the contracting parties, if the thing sold cannot be transferred to the possession of the vendee at the time of the sale, or if the latter already had it in his possession for any other reason. Natural children by legal fiction are under the joint authority of the father and mother, as provided in the first paragraph of this article. Every partner may associate another person with him in his share, but the associate shall not be admitted into the partnership without the consent of all the other partners, even if the partner having an associate should be a manager. The mother who contracts a subsequent marriage loses the parental authority over her children, unless the deceased husband, father of the latter, has expressly provided in his will that his widow might marry again, and has ordered that in such case she should keep and exercise parental authority over their children. (1100a), ARTICLE 1170. (1166a), ARTICLE 1245. By a chattel mortgage, personal property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation. (1888a). Taxes mentioned in No. ARTICLE 882. ARTICLE 235. Parental authority is suspended by the incapacity or absence of the father, or in a proper case of the mother, judicially declared, and also by civil interdiction. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. ARTICLE 1458. 2, without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such person or partnership may have the value of his interest at the date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided that the creditors of the dissolved partnership as against the separate creditors, or the representative of the retired or deceased partner, shall have priority on any claim arising under this article, as provided by article 1840, third paragraph. Fixed, savings, and current deposits of money in banks and similar institutions shall be governed by the provisions concerning simple loan. (1295), ARTICLE 1386. ARTICLE 2180. The same shall be done if the heir does not give the security required in the preceding article. ARTICLE 1662. In this case, the action must be commenced within four years from the finding of the document. When two or more principals have granted a power of attorney for a common transaction, any one of them may revoke the same without the consent of the others. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share shall accrue to his coheirs, unless he has heirs, assigns, or a representative. ARTICLE 376. The local civil registrar, upon receiving such application, shall require the exhibition of the original baptismal or birth certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. 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 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. (1857), ARTICLE 2086. (1332a). (1909a), ARTICLE 2193. The debts, charges and obligations of the conjugal partnership having been paid, the capital of the husband shall be liquidated and paid to the amount of the property inventoried. (n). (944a). (n). By means of the conjugal partnership of gains, the husband and wife place in a common fund the fruits of their separate property and the income from their work or industry, and divide equally, upon the dissolution of the marriage or of the partnership, the net gains or benefits obtained indiscriminately by either spouse during the marriage. The rights of illegitimate children set forth in the preceding articles are transmitted upon their death to their descendants, whether legitimate or illegitimate. (1960a), ARTICLE 1139. 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 debt produces interest, he shall return the document may exceed this limitation proving... Public policy shall not be presumed, unless the contrary, the latter case, the to. 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