(849), Article 917. Subsequent negotiations may be made in like manner. The agent is bound by his acceptance to carry out the agency, and is liable for the damages which, through his non-performance, the principal may suffer. Any immovable property or an interest therein may be acquired in the partnership name. Should there have been no fruits at the time of the sale and some exist at the time of redemption, they shall be prorated between the redemptioner and the vendee, giving the latter the part corresponding to the time he possessed the land in the last year, counted from the anniversary of the date of the sale. (781a), Article 864. In every drain or aqueduct, the water, bed, banks and floodgates shall be considered as an integral part of the land of building for which the waters are intended. (1812a), Article 2034. (4a, Act 2710), Article 103. The efficacy of the sale of a mere hope or expectancy is deemed subject to the condition that the thing will come into existence. (n). Minor children mentioned in the preceding article are under the parental authority of the mother. Where necessaries are those sold and delivered to a minor or other person without capacity to act, he must pay a reasonable price therefor. 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. Agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which may wager is made. (651), Article 769. (n), SECTION 6Dissolution of the Conjugal Partnership. The lessee shall have no right to a reduction of the rent on account of the sterility of the land leased, or by reason of the loss of fruits due to ordinary fortuitous events; but he shall have such right in case of the loss of more than one-half of the fruits through extraordinary and unforeseen fortuitous events, save always when there is a specific stipulation to the contrary. (n), Article 1207. 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. The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received, and shall have a right only to the expenses mentioned in paragraph 1 of article 546 and in article 443. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. Adhesion contracts are generally offered with the same terms and conditions to all parties, take it or leave it approach, with little or no negotiation of the contract. Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. (n), Article 1326. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable. (1185), Article 1269. Those credits which enjoy preference in relation to specific real property or real rights, exclude all others to the extent of the value of the immovable or real right to which the preference refers. Insurance policies are contracts that have important triggering events in order to initiate a claim. In this case he shall be obliged to give an acquittance for his entire claim. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may prevent a delivery to the buyer. (596). He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. (1195). Actions and rights which came into being but were not exercised before the effectivity of this Code, shall remain in full force in conformity with the old legislation; but their exercise, duration and the procedure to enforce them shall be regulated by this Code and by the Rules of Court. A mere incidental benefit or interest of a person is not sufficient. If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. Article 2225. The following contracts are unenforceable, unless they are ratified: (1) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; (2) Those that do not comply with the Statute of Frauds as set forth in this number. The relations between capital and labor are not merely contractual. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. (n), Article 1467. (945a), Article 995. Damages may be awarded in the following cases when the marriage is judicially annulled or declared void from the beginning: (1) If there has been fraud, force or intimidation in obtaining the consent of one of the contracting parties; (2) If either party was, at the time of the marriage, physically incapable of entering into the married state, and the other party was unaware thereof; (3) If the person solemnizing the marriage was not legally authorized to perform marriages, and that fact was known to one of the contracting parties, but he or she concealed it from the other; (4) If a bigamous or polygamous marriage was celebrated, and the impediment was concealed from the plaintiff by the party disqualified; (5) If in an incestuous marriage, or a marriage between a stepbrother and a stepsister or other marriage prohibited by article 82, the relationship was known to only one of the contracting parties but was not disclosed to the other; (6) If one party was insane and the other was aware thereof at the time of the marriage. There are two basic types of conditions: (i) conditions precedent; and Article 316. c) The federal (323a), Article 406. Article 1712. (n), Article 1341. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. If after making a will, the testator makes a second will expressly revoking the first, the revocation of the second will does not revive the first will, which can be revived only by another will or codicil. Article 712. (797a). Responsibility arising from fraud is demandable in all obligations. INSURANCE CONTRACT . In this case, indemnity for damages may be demanded from the person causing the loss. (n). The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. (1299). Article 133. However, Insurance contracts are based on the concept of "pooling of risks". It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed. A donation by reason of marriage is not revocable, save in the following cases: (1) If it is conditional and the condition is not complied with; (3) When the marriage takes place without the consent of the parents or guardian, as required by law; (4) When the marriage is annulled, and the donee acted in bad faith; (5) Upon legal separation, the donee being the guilty spouse; (6) When the donee has committed an act of ingratitude as specified by the provisions of this Code on donations in general. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. The mere failure on the part of the creditor to demand payment after the debt has become due does not of itself constitute any extension of time referred to herein. If during the lease it should become necessary to make some urgent repairs upon the thing leased, which cannot be deferred until the termination of the lease, the lessee is obliged to tolerate the work, although it may be very annoying to him, and although during the same, he may be deprived of a part of the premises. Article 1317. Article 195. If he has been excused from giving security or has not been able to give it, or if that given is not sufficient, he shall need the authorization of the owner, or of the court in default thereof, to collect such credits. Article 1096. Subject to the "fortuity principle", the event must be uncertain. Article 1287. 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. Extraordinary repairs shall be at the expense of the owner. (1393). (n), Article 1264. Article 470. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. But if the thing should have been lost in part only, the vendee may choose between withdrawing from the contract and demanding the remaining part, paying its price in proportion to the total sum agreed upon. The wife cannot bind the conjugal partnership without the husband's consent except in cases provided by law. This rule is referred to as, Greg applies for insurance and makes a false statement on the application that will influence whether or not the insurer will accept the risk. The local civil registrar, upon receiving such application, shall require the exhibition of the original baptismal or birth certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of possession. Article 1744. Loutil CAHOSS- Cartography & Analysis of Hospital netwOrk and its Safety System- a t dvelopp, suivant une approche de recherche action, en collaboration avec les agents de terrain du circuit hospitalier des composants sanguins labiles et du circuit hospitalier des allogreffes cutanes au sein de lHpital Militaire Reine Astrid de Bruxelles. Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material and moral. The form or manner of using the easement may prescribe as the easement itself, and in the same way. A game of chance is that which depends more on chance or hazard than or skill or ability. He cannot complain of the reasonable requirements of aerial navigation. 6. [citation needed]. If she is the innocent spouse, she may resume her maiden name and surname. Property held by the insolvent debtor as a trustee of an express or implied trust, shall be excluded from the insolvency proceedings. (n). (1313), Article 1397. (n), Article 1970. With reference to specific movable property of the debtor, the following claims or liens shall be preferred: (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. Bilateral where both parties have reciprocal obligation to perform. Article 1779. (1040), Article 1067. Apart from any such contract, express or implied, or usage of trade to the contrary, the place of delivery is the seller's place of business if he has one, and if not his residence; but in case of a contract of sale of specific goods, which to the knowledge of the parties when the contract or the sale was made were in some other place, then that place is the place of delivery. (n), TITLE VIPROPERTY RELATIONS BETWEEN HUSBAND AND WIFE. (573). Dismissal of laborers shall be subject to the supervision of the Government, under special laws. Article 706. (n). The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law. He shall enter in said register the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary. Every renunciation or compromise as regards a future legitime between the person owing it and his compulsory heirs is void, and the latter may claim the same upon the death of the former; but they must bring to collation whatever they may have received by virtue of the renunciation or compromise. (n), Article 815. As regards the liability of the partners, a partnership may be general or limited. (1882). (n), Article 1482. To void a contract on the grounds of concealment, the insurer typically must prove that the applicant willfully and intentionally concealed information that was of a material nature. The property or income donated, bequeathed or devised to the unemancipated child for the expenses of his education and instruction shall pertain to him in ownership and usufruct; but the father or mother shall administer the same, if in the donation or testamentary provision the contrary has not been stated. Neither can it be compensated with what the recipient owes the obligor. Article 695. Pen names and stage names cannot be usurped. 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. So it is utmost important to drawn insurance agreement with utmost care. Article 912. Article 80. ", 141 Cal. 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. (n). 1 and 2; neither do they exclude one another. (1331a), Article 131. (129), Article 277. The declaration setting up the family home shall be under oath and shall contain: (1) A statement that the claimant is the owner of, and is actually residing in the premises; (4) The names of the claimant's spouse and the other beneficiaries mentioned in article 226. A) One party is restored to the same financial position the party was in before the loss occurred B) The unequal exchange of value or consideration for both parties C) One party(the insurance company) prepares the contract with Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced on petition of the same, insofar as they may be inofficious or excessive. Article 1431. The right of possession or ownership may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer. The following requisites are essential to the contracts of pledge and mortgage: (1) That they be constituted to secure the fulfillment of a principal obligation; (2) That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged; (3) That the persons constituting the pledge or mortgage have the free disposal of their property, and in the absence thereof, that they be legally authorized for the purpose. Article 1252. (197), Article 396. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. Eviction shall take place whenever by a final judgment based on a right prior to the sale or an act imputable to the vendor, the vendee is deprived of the whole or of a part of the thing purchased. To determine the degree of intimidation, the age, sex and condition of the person shall be borne in mind. The heir, charged with a legacy or devise, or the executor or administrator of the estate, must deliver the very thing bequeathed if he is able to do so and cannot discharge this obligation by paying its value. By means of the conjugal partnership of gains the husband and wife place in a common fund the fruits of their separate property and the income from their work or industry, and divide equally, upon the dissolution of the marriage or of the partnership, the net gains or benefits obtained indiscriminately by either spouse during the marriage. The same rule applies when the thing is pledged or mortgaged after the execution of the will. The responsibility of two or more officious managers shall be solidary, unless the management was assumed to save the thing or business from imminent danger. Article 281. 2 of article 1657, as regards the use thereof. Mining claims and rights and other matters concerning minerals and mineral lands are governed by special laws. (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform. (1487a). Should he not make them when they are indispensable for the preservation of the thing, the usufructuary may make them; but he shall have a right to demand of the owner, at the termination of the usufruct, the increase in value which the immovable may have acquired by reason of the repairs. (411a), SECTION 3The Use of Waters of Private Ownership, Article 507. (n), Article 2186. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. Article 1786. Acceptance of the building, after completion, does not imply waiver of any of the cause of action by reason of any defect mentioned in the preceding paragraph. Article 1726. If the testator has not fixed the amount of such legacies, it shall be fixed in accordance with the social standing and the circumstances of the legatee and the value of the estate. (11a), Article 18. The pledgee is bound to advise the pledgor, without delay, of any danger to the thing pledged. (n), Article 1824. If, in the case of the preceding article, there is a greater area or number in the immovable than that stated in the contract, the vendee may accept the area included in the contract and reject the rest. Article 32. In case of a tie, the matter shall be decided by the partners owning the controlling interest. Article 2242. The courts may also confer the administration to the wife, with such limitation as they may deem advisable, if the husband should become a fugitive from justice or be in hiding as a defendant in a criminal case, or if, being absolutely unable to administer, he should have failed to provide for administration. Article 1664. Subject to the provisions of this Title, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (1) Where the goods have been sold without any stipulation as to credit; (2) Where the goods have been sold on credit, but the term of credit has expired; The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer. (n), Article 715. An administrator of the absentee's property shall be appointed in accordance with article 383. In all cases, the attorney's fees and expenses of litigation must be reasonable. Nuisance is either public or private. In such cases, the right of the parties stated in the following article cannot be exercised. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. (n). 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. If the payer was in doubt whether the debt was due, he may recover if he proves that it was not due. In the case of property or casualty coverage, it will specify the type of event which must take place for liability protection to apply. (n), Article 174. The substitution of the assignee as a limited partner does not release the assignor from liability to the partnership under articles 1847 and 1858. Legal redemption is the right to be subrogated, upon the same terms and conditions stipulated in the contract, in the place of one who acquires a thing by purchase or dation in payment, or by any other transaction whereby ownership is transmitted by onerous title. A person may, by an act inter vivos or mortis causa, intrust the mere power to make the partition after his death to any person who is not one of the co-heirs. (382). For instance, an individual that would likely be turned down for insurance coverage due to questionable health might request a friend to stand in for him (or her) in order to complete a physical examination. The following shall be entered in the civil register: (1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children; (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation; (15) voluntary emancipation of a minor; and (16) changes of name. Subject to the provisions of this Title, where goods are sold by a person who is not the owner thereof, and who does not sell them under authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.
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