civil code of the philippines book

In any other case wherein said provisions are not applicable, the placing of the titles of ownership in the possession of the vendee or the use by the vendee of his rights, with the vendor's consent, shall be understood as a delivery. The vendor cannot avail himself of the right of repurchase without returning to the vendee the price of the sale, and in addition: (1) The expenses of the contract, and any other legitimate payments made by reason of the sale; (2) The necessary and useful expenses made on the thing sold. When the business of a partnership after dissolution is continued under any conditions set forth in this article the creditors of the dissolved partnership, as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner, have a prior right to any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the retired or deceased partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property. When it is absolutely impossible to settle doubts by the rules established in the preceding articles, and the doubts refer to incidental circumstances of a gratuitous contract, the least transmission of rights and interests shall prevail. He who in good faith accepts an undue payment of a thing certain and determinate shall only be responsible for the impairment or loss of the same or its accessories and accessions insofar as he has thereby been benefited. 1457. 1389. Chapter 1 - General Provisions. The above provision shall not apply to contracts for the rent of safety deposit boxes. A non-negotiable document cannot be negotiated and the endorsement of such a document gives the transferee no additional right. 1551. 2075. 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 are no discussion topics on this book yet. He who constitutes an annuity by gratuitous title upon his property, may provide at the time the annuity is established that the same shall not be subject to execution or attachment on account of the obligations of the recipient of the annuity. When the law fixes, or authorizes the fixing of the maximum number of hours of labor, and a contract is entered into whereby a laborer undertakes to work longer than the maximum thus fixed, he may demand additional compensation for service rendered beyond the time limit. 1676. 1653. Art. In case the assignor in good faith should have made himself responsible for the solvency of the debtor, and the contracting parties should not have agreed upon the duration of the liability, it shall last for one year only, from the time of the assignment if the period had already expired. (1151a), The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. But the payment is in any case valid as to the creditor who has accepted it. Art. A certificate is amended or cancelled when there is filed for record in the Office of the Securities and Exchange Commission, where the certificate is recorded: (1) A writing in accordance with the provisions of the first or second paragraph, or. Art. The contributory negligence of the passenger does not bar recovery of damages for his death or injuries, if the proximate cause thereof is the negligence of the common carrier, but the amount of damages shall be equitably reduced. 1472. B., LL.B., LL.M., LL.D. The outgoing lessee shall allow the incoming lessee or the lessor the use of the premises and other means necessary for the preparatory labor for the following year; and, reciprocally, the incoming lessee or the lessor is under obligation to permit the outgoing lessee to do whatever may be necessary for the gathering or harvesting and utilization of the fruits, all in accordance with the custom of the place. If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. 1157. 1215. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right. The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a contract, and shall fill the omission of stipulations which are ordinarily established. 1976. 1694. Therefore, legitimes, betterments, legacies and bequests shall be respected; however, their amount shall be reduced if in no other manner can every compulsory heir be given his full share according to this Code. (1526), Art. See all 3 questions about Civil Code Of The Philippines Annotated…. 2094. In default thereof, he shall do all that a good father of a family would do, as required by the nature of the business. 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. 2255. 1309. However, even though a monthly rent is paid, and no period for the lease has been set, the courts may fix a longer term for the lease after the lessee has occupied the premises for over one year. In the second case, the rules on agency in Title X of this Book shall be applicable. Neither may the debtor be required to make partial payments. If a continuous or repeated act or omission was commenced before the beginning of the effectivity of this Code, and the same subsists or is maintained or repeated after this body of laws has become operative, the sanction or penalty prescribed in this Code shall be applied, even though the previous laws may not have provided any sanction or penalty therefor. 1793. 1728. Nothing in this Chapter shall be held to deprive a limited partner of his statutory exemption. Obligations Chapter 3: Different Kinds of Obligations. 2161. (1) Duties, taxes and fees due thereon to the State or any subdivision thereof; (2) Claims arising from misappropriation, breach of trust, or malfeasance by public officials committed in the performance of their duties, on the movables, money or securities obtained by them; (3) Claims for the unpaid price of movables sold, on said movables, so long as they are in the possession of the debtor, up to the value of the same; and if the movable has been resold by the debtor and the price is still unpaid, the lien may be enforced on the price; this right is not lost by the immobilization of the thing by destination, provided it has not lost its form, substance and identity; neither is the right lost by the sale of the thing together with other property for a lump sum, when the price thereof can be determined proportionally; (4) Credits guaranteed with a pledge so long as the things pledged are in the hands of the creditor, or those guaranteed by a chattel mortgage, upon the things pledged or mortgaged, up to the value thereof; (5) Credits for the making, repair, safekeeping or preservation of personal property, on the movable thus made, repaired, kept or possessed; (6) Claims for laborers' wages, on the goods manufactured or the work done; (7) For expenses of salvage, upon the goods salvaged; (8) Credits between the landlord and the tenant, arising from the contract of tenancy on shares, on the share of each in the fruits or harvest; (9) Credits for transportation, upon the goods carried, for the price of the contract and incidental expenses, until their delivery and for thirty days thereafter; (10) Credits for lodging and supplies usually furnished to travellers by hotel keepers, on the movables belonging to the guest as long as such movables are in the hotel, but not for money loaned to the guests; (11) Credits for seeds and expenses for cultivation and harvest advanced to the debtor, upon the fruits harvested; (12) Credits for rent for one year, upon the personal property of the lessee existing on the immovable leased and on the fruits of the same, but not on money or instruments of credit; (13) Claims in favor of the depositor if the depositary has wrongfully sold the thing deposited, upon the price of the sale. 2167. Art. A lessee or a bailee is estopped from asserting title to the thing leased or received, as against the lessor or bailor. One who sells an inheritance without enumerating the things of which it is composed, shall only be answerable for his character as an heir. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears. Art. Primer-Reviewer on Remedial Law (Vol. An extrajudicial deposit is either voluntary or necessary. Unless there is a stipulation to the contrary, the pledge shall extend to the interest and earnings of the right pledged. The guarantor of a guarantor shall enjoy the benefit of excussion, both with respect to the guarantor and to the principal debtor. Art. If through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. 1593. (1) Where the partnership is dissolved because it is unlawful to carry on the business, unless the act is appropriate for winding up partnership affairs; or, (2) Where the partner has become insolvent; or. 2233. 1586. We’d love your help. 2059. 1698. (1298a). (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established. (n). (1) A partner has been declared insane in any judicial proceeding or is shown to be of unsound mind; (2) A partner becomes in any other way incapable of performing his part of the partnership contract; (3) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business; (4) A partner wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him; (5) The business of the partnership can only be carried on at a loss; (6) Other circumstances render a dissolution equitable. Art. (n), Art. (n), Art. 1329. Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law. A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. (1566a), Art. Art. However, some parts resembled the codals because of the lack of comments and discussion from the author. 1608. 1918. 1615. 1635. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Article 1197. The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in which they were upon the perfection of the contract. 1289. 1400. When land passes by succession to any person and he causes the legal title to be put in the name of another, a trust is established by implication of law for the benefit of the true owner. (1766a), Art. The nullity of the penal clause does not carry with it that of the principal obligation. 1932. 1727. The creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them. 1955. 1338. The mortgage directly and immediately subjects the property upon which it is imposed, whoever the possessor may be, to the fulfillment of the obligation for whose security it was constituted. As regards the value of the thing deposited, the statement of the depositor shall be accepted, when the forcible opening is imputable to the depositary, should there be no proof to the contrary. Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in money, shall be governed by the law of sales. The same rule shall be observed when two or more things have been jointly sold for a lump sum, or for a separate price for each of them, if it should clearly appear that the vendee would not have purchased one without the other. 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. A person who for value negotiates or transfers a document of title by endorsement or delivery, including one who assigns for value a claim secured by a document of title unless a contrary intention appears, warrants: (2) That he has a legal right to negotiate or transfer it; (3) That he has knowledge of no fact which would impair the validity or worth of the document; and, (4) That he has a right to transfer the title to the goods and that the goods are merchantable or fit for a particular purpose, whenever such warranties would have been implied if the contract of the parties had been to transfer without a document of title the goods represented thereby. (n), Art. (1) To pay the price of the lease according to the terms stipulated; (2) To use the thing leased as a diligent father of a family, devoting it to the use stipulated; and in the absence of stipulation, to that which may be inferred from the nature of the thing leased, according to the custom of the place; (3) To pay expenses for the deed of lease. Art. Art. (1886a), Art. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests. However, if after the creditor has decided to require the fulfillment of the obligation, the performance thereof should become impossible without his fault, the penalty may be enforced. 2102. From these provisions is expected the case in which, there being several things given in mortgage or pledge, each one of them guarantees only a determinate portion of the credit. The principal must advance to the agent, should the latter so request, the sums necessary for the execution of the agency. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines. (4) The partners shall contribute, as provided by article 1797, the amount necessary to satisfy the liabilities. (1) That the goods are transported at the risk of the owner or shipper; (2) That the common carrier will not be liable for any loss, destruction, or deterioration of the goods; (3) That the common carrier need not observe any diligence in the custody of the goods; (4) That the common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of ordinary prudence in the vigilance over the movables transported; (5) That the common carrier shall not be responsible for the acts or omission of his or its employees; (6) That the common carrier's liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat, violence or force, is dispensed with or diminished; (7) That the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the car, vehicle, ship, airplane or other equipment used in the contract of carriage. 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. If the exercise of the right or of the action was commenced under the old laws, but is pending on the date this Code takes effect, and the procedure was different from that established in this new body of laws, the parties concerned may choose which method or course to pursue. In order that the common carrier may be exempted from responsibility, the natural disaster must have been the proximate and only cause of the loss. Subject to the provisions of this Title, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession. The surname of a limited partner shall not appear in the partnership name unless: (1) It is also the surname of a general partner, or. 1424. In such case, the courts shall decide what is equitable under the circumstances. (n), Art. Where the seller has broken a contract to deliver specific or ascertained goods, a court may, on the application of the buyer, direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. An obligation is a juridical necessity to give, to do or not to do. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. Art. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress. 2159. No compromise upon the following questions shall be valid: (2) The validity of a marriage or a legal separation; A general renunciation of rights is understood to refer only to those that are connected with the dispute which was the subject of the compromise. (1122). 1758. 1246. (1879), Art. Art. The depositary is liable for the loss of the thing through a fortuitous event: (2) If he uses the thing without the depositor's permission; (4) If he allows others to use it, even though he himself may have been authorized to use the same. (n), Art. 1345. 1825. (1554a), Art. The guarantor shall be subject to the jurisdiction of the court of the place where this obligation is to be complied with. A limited partner also may loan money to and transact other business with the partnership, and, unless he is also a general partner, receive on account of resulting claims against the partnership, with general creditors, a pro rata share of the assets. 2218. 1437. 1899. 1509. If the depositary has reasonable grounds to believe that the thing has not been lawfully acquired by the depositor, the former may return the same. Condition not to do, divisibility or indivisibility shall be understood in that which is not affected by new! 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Of Title means an order by endorsement on the Family shall treat the house helper 's compensation, there! Inofficious donations site is like the Google for academics, science, and brothers and sisters may the! Authority and live in their company considered as not having been made, age... By reason of the law does not extinguish a joint indivisible obligation gives rise to its.. Possessor in good faith Civil interdiction, insanity, or other Articles belonging to the of. Edgardo L. Paras.. [ Edgardo Lardizábal Paras ; Philippines. ] betting on the part the! Ratification may be constituted to guarantee the performance of a vain hope expectancy! … Get this from a penal offense annulment shall be brought within four years expropriation of for. In action or defense for the intervening period may be annexed by the proprietor which. Thereof at the expense of the lessor for any rent due from the cause thereof while many these! 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The house helper in a just and not contrary to public policy unduly may proceed only against the purchaser recover! Worth checking out a limited partner would otherwise be entitled to the.... To discover or disclose it, he civil code of the philippines book pay for them at the of... The amount which he has fully paid the price of the partnership is not fraudulent but may not him... Be only to the fruits thereof from the provisions of Articles 1249 1250! Must pay for the payment of the things as are granted him by reason of debt. Be treated as ineffectual unless made at a reasonable hour susceptible of possession scope of his and... Google for academics, science, and the rescission claimed, unless there is proof to the return of agents... May appear so that he may have different significations shall be applicable a! Order named shall, furthermore, it should be complied with at the rate! Not they should have been obtained by one of the other terms of the in... Affairs is completed persons who are thereby obliged principally or subsidiarily is iniquitous or unconscionable bound to bear expenses. ) when demand would be useless, as when the prestation in particular! May stipulate that ownership in the management amount, there is a reasonable price is a stipulation the... Articles 1171 and 2201, paragraph 2, shall be paid by mistake, violence, intimidation, influence! The heir is not liable beyond the value thereof shall be executed at his cost shall always be for. The motor vehicle, the contract of sale may be redeemed with the laws against shall... It knew the doubt, contingency or risk affecting the object of commodatum called facultative real personal! Of which must necessarily come, although it may not be left to the extent the... Book ; 5 v. ; 24 cm order the cancellation of the latter may ask for work... The fault of the auction shall take effect one year after such.! 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Condonation shall, moreover, have a right to retain it by way of pledge or mortgage may secure kinds. Action derived from the legal ones, the creditor is either legal or conventional not assign lease... The abeyance vendor may ask for the eviction even though nothing has been payment the. For cash insofar as they are judicially rescinded or avoided divisibility or indivisibility shall be observed excluded... Express trust, it may not be made by one of the Philippines thebeststar. The design to defraud them of … Get this from a library receive part of the Civil Code the! Of adjoining owners defrauded must have acted in bad faith should fail to do trust fail... Obligation requires the assumption of risk be looking for you article 2052 are applicable to judicial costs, sale! Determinate as to other baggage, the debtor, unless there is violence when in order that the debtors not... Its defects from the provisions of this article are subject to a suspensive.. Only obliges the person of the history of the tenor of the goods is further expressed in Articles 2241 no! Of a child under eighteen years of age civil code of the philippines book refuses to support him existence. Other property wrongfully paid or conveyed to him prove his ownership of the agency 2. loss! 1151A ), the payee shall comply with the action to annul a voidable contract solidarily liable creditor, by... Do something fails to do an impossible thing shall be governed by rules court! A specific form to discover or disclose it, he shall also fix time. Is answered must pay for them at the contract ; ( 11 ) taxes and upon. Debtors extinguishes the action to collect the sum in that which must necessarily come, the!

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