Upon the establishment of an easement, all the rights necessary for its use are considered granted. An agency couched in general terms comprises only acts of administration, even if the principal should state that he withholds no power or that the agent may execute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited management. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession. Art. The adopter may petition the court for revocation of the adoption in any of these cases: (2) When the adopted minor has abandoned the home of the adopter for more than three years; (3) When by other acts the adopted person has definitely repudiated the adoption. Whenever a piece of urban land which is so small and so situated that a major portion thereof cannot be used for any practical purpose within a reasonable time, having been bought merely for speculation, is about to be re-sold, the owner of any adjoining land has a right of pre-emption at a reasonable price. (1907). Art. (30a). 803. (512). (1207), Art. The bailor may demand the thing at will, and the contractual relation is called a precarium, in the following cases: (2) If the use of the thing is merely tolerated by the owner. This article shall not apply to property acquired by the conjugal partnership before the effective date of this Code. 1530. 513. Art. Except when authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to: (2) Dispose of the good-will of the business; (3) Do any other act which would make it impossible to carry on the ordinary business of a partnership; (5) Enter into a compromise concerning a partnership claim or liability; (6) Submit a partnership claim or liability to arbitration; Art. 2194. Consequently: (2) The bailee can neither lend nor lease the object of the contract to a third person. 2024. Art. The right of representation takes place in the direct descending line, but never in the ascending. 1809. Art. (1413a), Art. Legacies of money must be paid in cash, even though the heir or the estate may not have any. 2, of this article, the right as against his co-partners and all claiming through them in respect of their interests in the partnership, to have the value of his interest in the partnership, less any damage caused to his co-partners by the dissolution, ascertained and paid to him in cash, or the payment secured by a bond approved by the court, and to be released from all existing liabilities of the partnership; but in ascertaining the value of the partner's interest the value of the good-will of the business shall not be considered. The fixing of the price can never be left to the discretion of one of the contracting parties. 740. The vote of the partners representing the controlling interest shall be necessary for such revocation of power. This liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and supervision of their employees. If heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. (1970a), Art. Art. 2078. 4. 2017. (n). If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may petition the court to authorize them to accept it in the name of the heir. Art. Art. 1709. The inheritance of those who, with or without a will, die after the beginning of the effectivity of this Code, shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court; but the testamentary provisions shall be carried out insofar as they may be permitted by this Code. These donations are governed by the rules on ordinary donations established in Title III of Book III, except as to their form which shall be regulated by the Statute of Frauds; and insofar as they are not modified by the following articles. (n), Art. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. Persons who are disqualified from administering their property have a right to claim damages from their legal representatives whose negligence has been the cause of prescription. (1765a), If the deposit is gratuitous, this fact shall be taken into account in determining the degree of care that the depositary must observe. The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter. 535. Trouvé à l'intérieur – Page 289Les rapports officiels de MM. les Commissaires chargés de la codification; 3. La citation au long des autorités réfèrent ces messieurs, à l'appui des diverses parties du Code, ainsi que d'un grand nom Quebec (Province). [ ARTICLE 1539. ] ... 1195. 1254. 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. 911. (1183a), Art. No contract for household service shall last for more than two years. Apport en capital par un époux pour financer un bien indivis et existence d'une créance entre époux : revirement de jurisprudence, L'ESSENTIEL Droit de l'immobilier et urbanisme. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership. With respect to movable property, the rescission of the sale shall of right take place in the interest of the vendor, if the vendee, upon the expiration of the period fixed for the delivery of the thing, should not have appeared to receive it, or, having appeared, he should not have tendered the price at the same time, unless a longer period has been stipulated for its payment. 143. 992. 1316. Simulation of a contract may be absolute or relative. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. 864. Art. 173. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. 2016. The testator shall designate the heir by his name and surname, and when there are two persons having the same names, he shall indicate some circumstance by which the instituted heir may be known. (1416a), Art. (n), Art. If nothing has been stipulated concerning the place and the time for the payment of the lease, the provisions or Article 1251 shall be observed as regards the place; and with respect to the time, the custom of the place shall be followed. 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. (469), Art. No descendant can be compelled, in a criminal case, to testify against his parents and ascendants. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. (n), Art. 1692. 2045. (n). 1449. Unless there is a stipulation to the contrary, the depositary cannot deposit the thing with a third person. 368. (572). The owner of domesticated animals may also claim them within twenty days to be counted from their occupation by another person. Art. The novation is void if the original obligation was void, except when annulment may be claimed only by the debtor or when ratification validates acts which are voidable. 2249. 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. 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. 2046. 291. 597. (n), Art. Whenever there is succession by representation, the division of the estate shall be made per stirpes, in such manner that the representative or representatives shall not inherit more than what the person they represent would inherit, if he were living or could inherit. A devise of indeterminate real property shall be valid only if there be immovable property of its kind in the estate. In the absence of a record of birth, authentic document, final judgment or possession of status, legitimate filiation may be proved by any other means allowed by the Rules of Court and special laws. Art. (10a), Art. 647. 657. If there are two or more credits with respect to the same specific real property or real rights, they shall be satisfied pro rata, after the payment of the taxes and assessments upon the immovable property or real right. A limited partner shall not receive from a general partner or out of partnership property any part of his contributions until: (2) The consent of all members is had, unless the return of the contribution may be rightfully demanded under the provisions of the second paragraph; and. In crimes and quasi-delicts, interest as a part of the damages may, in a proper case, be adjudicated in the discretion of the court. There is prima facie presumption of negligence on the part of the defendant if the death or injury results from his possession of dangerous weapons or substances, such as firearms and poison, except when the possession or use thereof is indispensable in his occupation or business. Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. 739. (1267a), Art. 1846. The depositary cannot demand that the depositor prove his ownership of the thing deposited. Art. When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable, he may rescind the contract if the main purpose of the lease is to provide a dwelling place for the lessee. Décrété le 14 Ventôse an XI. 1633. The purchase of jewelry and precious objects is voidable, unless the transaction has been expressly or tacitly approved by the husband, or unless the price paid is from her paraphernal property. (489), Art. 139. 369. (1049). If the owner should appear in time, he shall be obliged to pay, as a reward to the finder, one-tenth of the sum or of the price of the thing found. 2104. Mixed marriages between a Christian male and a Mohammedan or pagan female shall be governed by the general provision of this Title and not by those of the last preceding article, but mixed marriages between a Mohammedan or pagan male and a Christian female may be performed under the provisions of the last preceding article if so desired by the contracting parties, subject, however, in the latter case to the provisions of the second paragraph of said article. 1878. (n). (1127). 867. No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. 1142. Land tenancy on shares shall be governed by special laws, the stipulations of the parties, the provisions on partnership and by the customs of the place. Words which may have different significations shall be understood in that which is most in keeping with the nature and object of the contract. 90. Art. One who loses by eviction the thing received in barter may recover that which he gave in exchange with a right to damages, or he may only demand an indemnity for damages. (1527), Art. Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey a less interest. Consumable goods may be the subject of commodatum if the purpose of the contract is not the consumption of the object, as when it is merely for exhibition. These rights shall not be extinguished save by lapse of time fixed for prescription. All other property possessed by any of them is patrimonial and shall be governed by this Code, without prejudice to the provisions of special laws. (1120). (k), is Pub. (n), Art. Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. (2) The Presiding Justice and the Justices of the Court of Appeals; (3) Judges of the Courts of First Instance; (5) Municipal judges and justices of the peace; (6) Priests, rabbis, ministers of the gospel of any denomination, church, religion or sect, duly registered, as provided in Article 92; and, (7) Ship captains, airplane chiefs, military commanders, and consuls and vice-consuls in special cases provided in Articles 74 and 75. If the payment is made before the debt is due, no interest for the intervening period may be demanded. Articles of universal partnership, entered into without specification of its nature, only constitute a universal partnership of profits. 1799. Art. 1504. (n), Art. 896. A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the Philippines. If the thing sold had any hidden fault at the time of the sale, and should thereafter be lost by a fortuitous event or through the fault of the vendee, the latter may demand of the vendor the price which he paid, less the value which the thing had when it was lost. 1537. 24. The hotel-keeper cannot free himself from responsibility by posting notices to the effect that he is not liable for the articles brought by the guest. Les cookies nous permettent de personnaliser les annonces. Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, provided that in no case shall the total legitime of such illegitimate children exceed that free portion, and that the legitime of the surviving spouse must first be fully satisfied. (1122). Art. Prescription, both acquisitive and extinctive, runs against: (2) Absentees who have administrators, either appointed by them before their disappearance, or appointed by the courts; (3) Persons living abroad, who have managers or administrators; (4) Juridical persons, except the State and its subdivisions. by the owner or shipper for the loss, destruction, or deterioration of the goods is valid, if it is reasonable and just under the circumstances, and has been fairly and freely agreed upon. 1073. 1274. (372a), Art. Art. (2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; (3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; (4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; (5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; (6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included; (7) Fertilizer actually used on a piece of land; (8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; (9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast; (10) Contracts for public works, and servitudes and other real rights over immovable property. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be clearly established in order that it may take effect. 1890. However, the contracting parties may by stipulation capitalize the interest due and unpaid, which as added principal, shall earn new interest. 1 and 2 of this article, with the consent of the retired partners or the representative of the deceased partner, but without any assignment of his right in partnership property; (4) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership; (5) When any partner wrongfully causes a dissolution and the remaining partners continue the business under the provisions of article 1837, second paragraph, No. Art. The dissolution of the partnership does not of itself discharge the existing liability of any partner. 203. 1378. The existence of an apparent sign of easement between two estates, established or maintained by the owner of both, shall be considered, should either of them be alienated, as a title in order that the easement may continue actively and passively, unless, at the time the ownership of the two estates is divided, the contrary should be provided in the title of conveyance of either of them, or the sign aforesaid should be removed before the execution of the deed. (1199a). (n), Art. As for the movables, the husband shall give adequate security. (1773). Temperate damages must be reasonable under the circumstances. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage Law. 594. 2048. (834a), Art. The father and mother, if living, shall inherit in equal shares. 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. 1639. (1860), Art. (2) When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (3) When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false; (4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator; (5) When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (6) The loss of parental authority for causes specified in this Code; (7) The refusal to support the children or descendants without justifiable cause; (8) An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order: (2) From the descendants of the nearest degree; (3) From the ascendants, also of the nearest degree; Art. 2088. Art. Art. Things subject to a resolutory condition may be the object of the contract of sale. It may be brought by any one who may have an interest in the succession. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. (714), Art. (n), Art. 671. (5) Hinders or impairs the use of property. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. Discontinuous easements are those which are used at intervals and depend upon the acts of man. 433. 525. 1813. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. (n), Art. (1257a), Art. (n), Art. Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of the first paragraph of Article 1818. 511. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. However, the vendor may still exercise the right to repurchase within thirty days from the time final judgment was rendered in a civil action on the basis that the contract was a true sale with right to repurchase. The responsibility referred to in the two preceding articles shall include the loss of, or injury to the personal property of the guests caused by the servants or employees of the keepers of hotels or inns as well as strangers; but not that which may proceed from any force majeure. 581. Art. du code civil et 24 de la loi du 8 février 1995 relative à l'organisation des juridictions et de la procédure civile, pénale et administrative. In collective bargaining, the labor union or members of the board or committee signing the contract shall be liable for non-fulfillment thereof. In case either of the contracting parties is a widowed or divorced person, the same shall be required to furnish, instead of the baptismal or birth certificate required in the last preceding article, the death certificate of the deceased spouse or the decree of the divorce court, as the case may be. Art. (2) Her maiden first name and her husband's surname or, (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs.". Art. The possession of immovables and of real rights is not deemed lost, or transferred for purposes of prescription to the prejudice of third persons, except in accordance with the provisions of the Mortgage Law and the Land Registration laws. If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. Males above twenty but under twenty-five years of age, or females above eighteen but under twenty-three years of age, shall be obliged to ask their parents or guardian for advice upon the intended marriage. Art. With the conjugal partnership subsisting, the administration of all classes of property in the marriage may be transferred by the courts to the wife: (2) When she asks for the declaration of his absence; (3) In case of civil interdiction of the husband. In case the recognition is made by only one of the parents, it shall be presumed that the child is natural, if the parent recognizing it had legal capacity to contract marriage at the time of the conception. 1079. 2180. 785. When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. A release made by the creditor in favor of one of the guarantors, without the consent of the others, benefits all to the extent of the share of the guarantor to whom it has been granted. If the extraordinary expenses arise on the occasion of the actual use of the thing by the bailee, even though he acted without fault, they shall be borne equally by both the bailor and the bailee, unless there is a stipulation to the contrary. III. (395a), Art. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. The husband shall fix the residence of the family. If a duly authorized agent acts in accordance with the orders of the principal, the latter cannot set up the ignorance of the agent as to circumstances whereof he himself was, or ought to have been, aware. 1614. (n). The parties may stipulate that ownership in the thing shall not pass to the purchaser until he has fully paid the price. (1530a), Art. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration. He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering, and preservation. Buildings constructed, at the expense of the partnership, during the marriage on land belonging to one of the spouses, also pertain to the partnership, but the value of the land shall be reimbursed to the spouse who owns the same.
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