The Civil Code of 1889 and other previous laws shall govern rights originating, under said laws, from acts done or events which took place under their regime, even though this Code may regulate them in a different manner, or may not recognize them. In the absence of the titles indicated in the preceding article, the filiation shall be proved by the continuous possession of status of a legitimate child. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. (1780). Article 1704. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other and manage their respective property. (n). (382). An inability to have a warranty honored. (1835a), Article 2064. (n), Article 2240. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. The provisions governing warranty, contained in the Title on Sales, shall be applicable to the contract of lease. For example, when writing a loan, one of a bank's requirements could be that the borrowing party does not incur any additional debt for the duration of the loan. Article 1584. (n). Every disposition in favor of an unknown person shall be void, unless by some event or circumstance his identity becomes certain. (1327), Article 127. The usufruct which the spouses have over the property of their children, though of another marriage, shall be included in this provision. (1721), Article 1893. (n), Article 1346. 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. 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. He may demand the sale of only as many of the things as are necessary for the payment of the debt. Article 2251. contract implied in law, implied in law contract, LegalDefinition of contract(Entry 2 of 2), Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw, Nglish: Translation of contract for Spanish Speakers, Britannica English: Translation of contract for Arabic Speakers, Britannica.com: Encyclopedia article about contract. When a donation is made to several persons jointly, it is understood to be in equal shares, and there shall be no right of accretion among them, unless the donor has otherwise provided. Article 768. (1487a). Article 2039. A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. (941a), Article 991. But sales of goods, chattels or things in action are governed by articles, 1403, No. If at the time the deposit was made a place was designated for the return of the thing, the depositary must take the thing deposited to such place; but the expenses for transportation shall be borne by the depositor. (570a), Article 658. (n), Article 1824. (1151a). Article 44. Upon the dissolution of the conjugal partnership, an inventory shall be formed, but such inventory shall not be necessary: (1) If, after the dissolution of the partnership, one of the spouses should have renounced its effects and consequences in due time; or, (2) When separation of property has preceded the dissolution of the partnership. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under article 2176. (n). Article 308. If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right of representation. 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. (n) ARTICLE 437. A petition for legal separation may be filed: (1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in the Penal Code; or, (2) An attempt by one spouse against the life of the other. (183a), Article 384. (817). 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. (613a), Article 718. 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. In a sale with a right to repurchase, the vendee of a part of an undivided immovable who acquires the whole thereof in the case of article 498, may compel the vendor to redeem the whole property, if the latter wishes to make use of the right of redemption. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. b. Aleatory - one which the fulfillment of the obligation depends upon chance. Each party must have a reasonable expectation that the other party is not attempting to defraud, mislead, or conceal information and are indeed conducting themselves in good faith. (317a), Article 400. (756, 855, 674a), Article 922. This provision shall also apply in case of the division of a thing owned in common by two or more persons. (n), Article 261. (1133), Article 1202. 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. (408). (n), Article 731. For example, the insured individual or beneficiary must satisfy the condition of submitting to the insurance company sufficient proof of loss, or prove that he or she has an insurable interest in the person insured. If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof. The owner of the dominant estate cannot use the easement except for the benefit of the immovable originally contemplated. The sum thereby obtained shall be applied to the creditors' claims, or to the support of the spouse or relatives, as the case may be. 1; (10) Taxes and assessments due any province, other than those referred to in articles 2241, No. (840a), Article 896. The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute the property, or in their default, to those mentioned in article 1030. (n) ARTICLE 2120. (n). (1901), Article 2164. Article 295. The former comprises all the business of the principal. 1 and 2, Transitional Provisions). (n). (459). (861a). (n). (Rule 4), Article 2259. Except in cases stated in article 1673, the lessee shall have a right to make use of the periods established in articles 1682 and 1687. (30a). Ignorance of the law excuses no one from compliance therewith. The views are personal. There has to be good and/or valuable consideration. (4) The partners shall contribute, as provided by article 1797, the amount necessary to satisfy the liabilities. No descendant can be compelled, in a criminal case, to testify against his parents and ascendants. Payment shall be made monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he has received in advance. 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. Article 1819. (1732a), Article 1920. (1817a). (1497a), Article 1579. (460a), Article 556. Study with Quizlet and memorize flashcards containing terms like Which of the following statements correctly describes a contract of indemnity? (766a), Article 857. The owner of the thing may, should he so desire, give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits, as an indemnity for his part of the expenses of cultivation and the net proceeds; the possessor in good faith who for any reason whatever should refuse to accept this concession, shall lose the right to be indemnified in any other manner. (932), Article 981. Failure to comply with the requirements of the preceding paragraph shall not affect the liability of the partnership and the members thereof to third persons. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed. The third and fourth grounds which vitiate consent are more relevant in insurance. 279. (1821a), Article 2044. 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. A legacy for support lasts during the lifetime of the legatee, if the testator has not otherwise provided. Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. 8, shall be those involved in the administration of the decedent's estate. A partition which includes a person believed to be an heir, but who is not, shall be void only with respect to such person. (822), Article 914. Article 912. It is duty of insurer and the insured to disclose all material facts so that insurer make an informed decision ,whether to provide insurance or not and how much premium to be charged. (n). (865a). When the grandchildren, who survive with their uncles, aunts, or cousins, inherit from their grandparents in representation of their father or mother, they shall bring to collation all that their parents, if alive, would have been obliged to bring, even though such grandchildren have not inherited the property. An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each. (1760a), Article 1966. (1460a). If the depositor should lose his capacity to contract after having made the deposit, the thing cannot be returned except to the persons who may have the administration of his property and rights. 4, the expiration of the month allowed for the report. [31] St. Thomas Aquinas wrote that gambling should be especially forbidden where the losing bettor is underage or otherwise not able to consent to the transaction. The warranty cannot be enforced until a final judgment has been rendered, whereby the vendee loses the thing acquired or a part thereof. Article 1955. (1941a), Article 1936. The statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him, shall not be considered as a condition unless it appears that such was his intention. (1788), Article 2009. Notwithstanding the provisions of the preceding article, the co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. (2) Add the Roman numerals II, III, and so on. (n), CHAPTER 4Provisions Common to Testate and Intestate Successions, Article 1015. 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. The principal must comply with all the obligations which the agent may have contracted within the scope of his authority. (991). Article 1404. The guarantor cannot be compelled to pay the creditor unless the latter has exhausted all the property of the debtor, and has resorted to all the legal remedies against the debtor. Article 628. (1719), Article 1888. These example sentences are selected automatically from various online news sources to reflect current usage of the word 'contract.' (1210a), Article 1303. 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