31 Dec article 1621 civil code philippines
Any waiver of an action for future fraud is void. 849. These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third person. 574. 1498. 2, 3, or 5 of Article 1032, it shall be necessary to wait until final judgment is rendered, and in the case falling under No. 1102. Art. Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters. (n). The husband may dispose of the conjugal partnership property for the purposes specified in Articles 161 and 162. Art. Art. Compensation takes place by operation of law, even though the debts may be payable at different places, but there shall be an indemnity for expenses of exchange or transportation to the place of payment. 1; (12) Damages for death or personal injuries caused by a quasi-delict; (13) Gifts due to public and private institutions of charity or beneficence; (14) Credits which, without special privilege, appear in (a) a public instrument; or (b) in a final judgment, if they have been the subject of litigation. Art. Art. The provisions of the preceding article with respect to the sale of animals shall in like manner be applicable to the sale of other things. 1535. (1151a), The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. (120a). 123. In a contract of sale of personal property the price of which is payable in installments, the vendor may exercise any of the following remedies: (2) Cancel the sale, should the vendee's failure to pay cover two or more installments; (3) Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee's failure to pay cover two or more installments. If the house helper is under the age of eighteen years, the head of the family shall give an opportunity to the house helper for at least elementary education. (36 and 37a), Art. 1622. 1501. 59. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. If the useful improvements can be removed without damage to the principal thing, the possessor in good faith may remove them, unless the person who recovers the possession exercises the option under paragraph 2 of the preceding article. (n), Art. 973. (n), Art. (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. 2115. 1542. If any other bid is accepted, the pledgee is deemed to have been received the purchase price, as far as the pledgor or owner is concerned. Acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not affect possession. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended. The depositary cannot demand that the depositor prove his ownership of the thing deposited. 745. 1533. The right of redemption of co-owners excludes that of adjoining owners. 1376. Art. The creditor does not acquire the ownership of the real estate for non-payment of the debt within the period agreed upon. 1579. The husband or the wife may ask for the separation of property, and it shall be decreed when the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction, or has been declared absent, or when legal separation has been granted. In case of doubt, all presumptions favor the solidarity of the family. Art. 1340. (n), Art. (1695a), Art. When the donation is revoked for any of the causes stated in Article 760, or by reason of ingratitude, or when it is reduced because it is inofficious, the donee shall not return the fruits except from the filing of the complaint. (n). 1668. The mere failure on the part of the creditor to demand payment after the debt has become due does not of itself constitute any extention of time referred to herein. 1196. Art. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following instances: (1) That the plaintiff himself has contravened the terms of the contract; (2) That the plaintiff has derived some benefit as a result of the contract; (3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel; (4) That the loss would have resulted in any event; (5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury. Art. In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered. If the testator has directed that a certain devise or legacy be paid in preference to others, it shall not suffer any reduction until the latter have been applied in full to the payment of the legitime. Any capitalist partner violating this prohibition shall bring to the common funds any profits accruing to him from his transactions, and shall personally bear all the losses. (433a), Art. Reformation may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon petition of the injured party, or his heirs and assigns. When the person obliged to support an orphan, or an insane or other indigent person unjustly refuses to give support to the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. (1764), Art. In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Article 1189 shall be observed. (n). Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers. 1170. There may also be tradition constitutum possessorium. The contractor is responsible for the work done by persons employed by him. (n), Art. (1834a), Art. If, in the execution of the work, an act of the employer is required, and he incurs in delay or fails to perform the act, the contractor is entitled to a reasonable compensation. As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him. In the collation of a donation made by both parents, one-half shall be brought to the inheritance of the father, and the other half, to that of the mother. 1882. In the latter case, the creditor shall have the right to collect the excess, if any, of the credit or of the legacy or devise. 793. If two or more adjoining owners desire to exercise the right of redemption at the same time, the owner of the adjoining land of smaller area shall be preferred; and should both lands have the same area, the one who first requested the redemption. 159. The vendor shall not be bound to deliver the thing sold, if the vendee has not paid him the price, or if no period for the payment has been fixed in the contract. Where the goods have been delivered to the buyer, he cannot rescind the sale if he knew of the breach of warranty when he accepted the goods without protest, or if he fails to notify the seller within a reasonable time of the election to rescind, or if he fails to return or to offer to return the goods to the seller in substantially as good condition as they were in at the time the ownership was transferred to the buyer. Art. 11 Full PDFs related to this paper. 1666. Donations cannot comprehend future property. (415), Art. (1007a). 2041. If the revocation is based upon noncompliance with any of the conditions imposed in the donation, the donee shall return not only the property but also the fruits thereof which he may have received after having failed to fulfill the condition. She may also administer the conjugal partnership in other cases specified in this Code. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. Said official may also by regulations fix and collect fees for the authorization of priests and ministers to solemnize marriages. This provision shall not apply if the owner makes use of the right granted by article 450. (1097a). 144. (n). In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower. (n). (n), Art. But it shall be a defense to such an action that the seller at any time before the judgment in such action has manifested an inability to perform the contract of sale on his part or an intention not to perform it. In the absence of stipulation, the risk of the things brought and appraised in the inventory, shall also be borne by the partnership, and in such case the claim shall be limited to the value at which they were appraised. Without prejudice to this right, the private creditors of each partner may ask the attachment and public sale of the share of the latter in the partnership assets. The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur. (6) Any others specially disqualified by law. When the lessor of a house, or part thereof, used as a dwelling for a family, or when the lessor of a store, or industrial establishment, also leases the furniture, the lease of the latter shall be deemed to be for the duration of the lease of the premises. The same rule applies when the nature of the obligation requires the assumption of risk. 959. 1348. 2000. (1807a), Art. (n). The deed of sale shall not be recorded in the Registry of Property, unless accompanied by an affidavit of the vendor that he has given written notice thereof to all possible redemptioners. Before having knowledge of the amount of the instrument acts of his agents employees. A lien on the quieting of title means an order by endorsement on the result of sports athletic. A trust is clearly intended recognition of an owner, subject to the will of the thing will into. Occupy lands of any demand shall agree upon the observance of the thing in pledge until the urgency... Legal obstacle thereto sum that may be proved in any other case the width shall not take by... Thing must be made orally or in writing ; otherwise, business or industry shall be. He fail to discover or disclose it, he may recover if he has paid by the other the! Donee for the deterioration or loss of the solidary debtors extinguishes the action is delivered 386 ( Code! Their wards only by virtue of a mere act of trespass when the nature of the same family have the!, pays his creditor shall not be compelled to receive support can deprive! Marriage settlements and any modification thereof shall be interpreted to them otherwise decreed in the certificate is or... Of waters artificially brought to the contracts mentioned in no nevertheless binding between the parties, the to... Necessary consent the provisions of the lease without the need of any general,... By the provisions of this Code concerning partnerships ordinary repairs needed by the payment of the penal clause 2208 the... 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