The principal thing, as between two things incorporated, is deemed to be that to which the other has been united as an ornament, or for its use or perfection. (n), Article 1791. The administration shall cease in any of the following cases: (1) When the absentee appears personally or by means of an agent; (2) When the death of the absentee is proved and his testate or intestate heirs appear; (3) When a third person appears, showing by a proper document that he has acquired the absentee's property by purchase or other title. The family home may be constituted by a verified petition to the Court of First Instance by the owner of the property, and by approval thereof by the court. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. In obligations to render service, the value thereof shall be the basis for damages. (947), Article 1005. (1537a), Article 1638. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest in degree. If the buyer makes use of this right, the lessee may demand that he be allowed to gather the fruits of the harvest which corresponds to the current agricultural year and that the vendor indemnify him for damages suffered. (1691). The usufructuary of woodland may enjoy all the benefits which it may produce according to its nature. (n), Article 2269. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified. The partnership shall be responsible to every partner for the amounts he may have disbursed on behalf of the partnership and for the corresponding interest, from the time the expense are made; it shall also answer to each partner for the obligations he may have contracted in good faith in the interest of the partnership business, and for risks in consequence of its management. Article 1757. But if the parents should expressly grant him all or part of the profits that he may obtain, such profits shall not be charged against his legitime. If besides his services he has contributed capital, he shall also receive a share in the profits in proportion to his capital. Those who pay for the insolvent heir shall have a right of action against him for reimbursement, should his financial condition improve. Article 704. The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. (541a), Article 625. Article 1825. Article 1988. (n), Article 2016. (876a), Article 943. (n), Article 1905. The house helper's clothes shall be subject to stipulation. Things having a potential existence may be the object of the contract of sale. SECTION 2Judicial Constitution of the Family Home. (1928a). The father and the mother have, with respect to their unemancipated children: (1) The duty to support them, to have them in their company, educate and instruct them in keeping with their means, and to represent them in all actions which may redound to their benefit; (2) The power to correct them and to punish them moderately. If the agent had general powers, revocation of the agency does not prejudice third persons who acted in good faith and without knowledge of the revocation. (865a). The proceedings for adoption shall be governed by the Rules of Court insofar as they are not in conflict with this Code. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (1461a), Article 1496. (928a). Article 1359. Article 1738. Prescription, both acquisitive and extinctive, runs against: (1) Minors and other incapacitated persons who have parents, guardians or other legal representatives; (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. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1556), Article 1660. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. When there are two or more bailees to whom a thing is loaned in the same contract, they are liable solidarily. The following contracts are inexistent and void from the beginning: (1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy; (2) Those which are absolutely simulated or fictitious; (3) Those whose cause or object did not exist at the time of the transaction; (4) Those whose object is outside the commerce of men; (5) Those which contemplate an impossible service; (6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained; (7) Those expressly prohibited or declared void by law. Article 372. (7a). But the plaintiff cannot recover damages twice for the same act or omission of the defendant. If, without just grounds, the creditor does not cause the public sale to be held within such period, the debtor may require the return of the thing. (186a), CHAPTER 3 Administration of the Property of the Absentee, Article 387. (Rule 12a), Article 2264. The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be gathered, and that other can be ascertained. No proprietor shall make such excavations upon his land as to deprive any adjacent land or building of sufficient lateral or subjacent support. Article 567. The principal must comply with all the obligations which the agent may have contracted within the scope of his authority. If, while labor or expense of material amount is necessary on the part of the seller to enable him to fulfill his obligations under the contract of sale, the buyer repudiates the contract or notifies the seller to proceed no further therewith, the buyer shall be liable to the seller for labor performed or expenses made before receiving notice of the buyer's repudiation or countermand. Acceptance by the agent may also be express, or implied from his acts which carry out the agency, or from his silence or inaction according to the circumstances. Article 910. (771), Article 850. Whenever the current of a river divides itself into branches, leaving a piece of land or part thereof isolated, the owner of the land retains his ownership. Article 2244. Article 1949. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise An adopted child shall bear the surname of the adopter. (n). Article 2198. (1420), Article 181. (n), Article 1077. Article 1884. This provision shall not apply if the owner makes use of the right granted by article 450. If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner and a negotiable document of title is issued for them they cannot thereafter, while in possession of such bailee, be attached by garnishment or otherwise or be levied under an execution unless the document be first surrendered to the bailee or its negotiation enjoined. However, the contracting parties may by stipulation capitalize the interest due and unpaid, which as added principal, shall earn new interest. The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter. If at the time the good faith ceases, there should be any natural or industrial fruits, the possessor shall have a right to a part of the expenses of cultivation, and to a part of the net harvest, both in proportion to the time of the possession. (134). The donee is subrogated to all the rights and actions which in case of eviction would pertain to the donor. (1572). Article 597. They shall all, as the case may be, make an inventory of the property. (n), Article 915. The creditor, unless there is a stipulation to the contrary, is obliged to pay the taxes and charges upon the estate. If at the time of the execution of the sale there should be on the land, visible or growing fruits, there shall be no reimbursement for or prorating of those existing at the time of redemption, if no indemnity was paid by the purchaser when the sale was executed. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. Where there is a breach of warranty by the seller, the buyer may, at his election: (1) Accept or keep the goods and set up against the seller, the breach of warranty by way of recoupment in diminution or extinction of the price; (2) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty; (3) Refuse to accept the goods, and maintain an action against the seller for damages for the breach of warranty; (4) Rescind the contract of sale and refuse to receive the goods or if the goods have already been received, return them or offer to return them to the seller and recover the price or any part thereof which has been paid. The concession shall be recorded in the Civil Register. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with. 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. (n). The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. An administrator of the absentee's property shall be appointed in accordance with article 383. (n), Article 1229. In the case of contract of sale of a specified article under its patent or other trade name, there is no warranty as to its fitness for any particular purpose, unless there is a stipulation to the contrary. When a person who is not the owner of a thing sells or alienates and delivers it, and later the seller or grantor acquires title thereto, such title passes by operation of law to the buyer or grantee. Any compulsory heir to whom the testator has left by any title less than the legitime belonging to him may demand that the same be fully satisfied. There is an implied trust when property is sold, and the legal estate is granted to one party but the price is paid by another for the purpose of having the beneficial interest of the property. (4) The party defrauded must have acted in accordance with the misrepresentation. (320a), Article 403. 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), Article 1600. (563a). The children or descendants may freely dispose of the other half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. 3. (473). Article 316. (1291a), Article 1382. (837a). Except as provided in the preceding article, no person shall use different names and surnames. The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. [Civil Code of the Philippines] Book IV Title XI-XVI [Credit Transactions] TITLE XI LOAN General Provisions. A stipulation for the common enjoyment of any other profits may also be made; but the property which the partners may acquire subsequently by inheritance, legacy, or donation cannot be included in such stipulation, except the fruits thereof. (n), Article 1467. If the common carrier, without just cause, delays the transportation of the goods or changes the stipulated or usual route, the contract limiting the common carrier's liability cannot be availed of in case of the loss, destruction, or deterioration of the goods. (n), Article 155. 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. (n), SECTION 3Rights and Obligations of the Owners of the Dominant and Servient Estates. If it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal one, the thing of the greater value shall be so considered, and as between two things of equal value, that of the greater volume. A thing is determinate when it is particularly designated or physical segregated from all others of the same class. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place save in virtue of a judicial order. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. (1820a), Article 2043. Article 708. In such cases, the right of the parties stated in the following article cannot be exercised. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. Article 1700. (n), Article 2187. Article 950. (1416a), Article 173. Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance. The following are also considered as personal property: (1) Obligations and actions which have for their object movables or demandable sums; and, (2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. Article 599. (456). The depositary holding certificates, bonds, securities or instruments which earn interest shall be bound to collect the latter when it becomes due, and to take such steps as may be necessary in order that the securities may preserve their value and the rights corresponding to them according to law. (1541a), ARTICLE 1642. (118), Article 269. Article 841. (605), Article 709. Article 1453. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. However, a disposition in favor of a definite class or group of persons shall be valid. (n), Article 2096. If the testator has instituted only one heir, and the institution is limited to an aliquot part of the inheritance, legal succession takes place with respect to the remainder of the estate. The same rule shall apply if the contractor cannot finish the work due to circumstances beyond his control. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. Article 1589. Movable or immovable property which each of the partners may possess at the time of the celebration of the contract shall continue to pertain exclusively to each, only the usufruct passing to the partnership. The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third persons by reason of the loss. A limited partner shall have the right to receive a share of the profits or other compensation by way of income, and to the return of his contribution as provided in articles 1856 and 1857. With respect to incorporeal property, the provisions of the first paragraph of article 1498 shall govern. The remedies against a private nuisance are: (2) Abatement, without judicial proceedings. If he has been authorized to lend money at interest, he cannot borrow it without the consent of the principal. Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion. (n), Article 801. Article 1776. Freedom of religion shall be observed by public officials in the issuance of authorization to solemnize marriages. (131a), Article 279. If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal and maternal lines, the legitime shall be divided equally between both lines. Article 830. (1595), Article 1727. (875a), Article 942. (1001), Article 1053. In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a thing for a price certain, and for a period which may be definite or indefinite. (184). (1079a), Article 1104. The head of the family shall furnish, free of charge, to the house helper, suitable and sanitary quarters as well as adequate food and medical attendance. (n). 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