If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof. Subsequent negotiations may be made in like manner. (1790), Article 2011. (1182a), Article 1263. (41a), Article 52. Article 2231. (817). In the foregoing cases, if the movables to which the lien or preference attaches have been wrongfully taken, the creditor may demand them from any possessor, within thirty days from the unlawful seizure. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared. (18a), Article 71. Those suffered by real property shall not be reimbursable in any case, except those on paraphernal property administered by the husband, when the losses were due to his fault. The local civil registrar shall, however, before filing the papers, require the payment into the municipal treasury of the legal fees required in article 65. Credits of any other kind or class, or by any other right or title not comprised in the four preceding articles, shall enjoy no preference. However, the demand by the creditor shall not be necessary in order that delay may exist: (1) When the obligation or the law expressly so declare; or, (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or. Every co-heir has a right to demand the division of the estate unless the testator should have expressly forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in article 494. If the guarantor should be convicted in first instance of a crime involving dishonesty or should become insolvent, the creditor may demand another who has all the qualifications required in the preceding article. The family home may be sold, alienated or encumbered by the person who has constituted the same, with the consent of his or her spouse, and with the approval of the court. Movable as well as immovable property may be the object of sequestration. (1600). (398), Article 493. If the fault is also punished by the previous legislation, the less severe sanction shall be applied. Republic Act No. To understand the procedure of donating a property, it is important to understand first the nature of donation as a legal act. Here’s some information on conjugal property under Philippine Law, take note that the Family Code of the Philippines was revised during President Corazon Aquino’s tenure and was effected on July 6, 1987 and ownership of property, whether paraphernal or not are subject to the Family Code. 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. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. (n), Article 1239. When the testator calls to the succession a person and his children they are all deemed to have been instituted simultaneously and not successively. (1255a), Article 1307. Substitute parental authority shall be exercised by the grandparents in the following order: (2) Shall receive at least elementary education; (3) Shall be given moral and civic training by the parents or guardian; (4) Has a right to live in an atmosphere conducive to his physical, moral and intellectual development. (618a), Article 726. At the sale under execution referred to in the two preceding articles, no bid shall be considered unless it exceeds the amount specified in article 231. Upon being advised of any alleged impediment to the marriage, the local civil registrar shall forthwith make an investigation, examining persons under oath. (n), Article 836. When the grandchildren, who survive with their uncles, aunts, or cousins, inherit from their grandparents in representation of their father or mother, they shall bring to collation all that their parents, if alive, would have been obliged to bring, even though such grandchildren have not inherited the property. Article 1765. (10a). (n), Article 1650. All property brought by the wife to the marriage, as well as all property she acquires during the marriage, in accordance with article 148, is paraphernal. The debtor who has consented to the assignment of rights made by a creditor in favor of a third person, cannot set up against the assignee the compensation which would pertain to him against the assignor, unless the assignor was notified by the debtor at the time he gave his consent, that he reserved his right to the compensation. (1118), Article 1186. (336), Article 458. The court shall take measures to implement the last two provisions. (n). For instance according to Code Commission, a father has generally full civil capacity and is not as such restricted under Art. Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract if there is no stipulation to the contrary. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. By ordinary repairs are understood such as are required by the wear and tear due to the natural use of the thing and are indispensable for its preservation. (344a), Article 425. Possession may be acquired by the same person who is to enjoy it, by his legal representative, by his agent, or by any person without any power whatever: but in the last case, the possession shall not be considered as acquired until the person in whose name the act of possession was executed has ratified the same, without prejudice to the juridical consequences of negotiorum gestio in a proper case. Property for public use, in the provinces, cities, and municipalities, consist of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities. An industrial partner cannot engage in business for himself, unless the partnership expressly permits him to do so; and if he should do so, the capitalist partners may either exclude him from the firm or avail themselves of the benefits which he may have obtained in violation of this provision, with a right to damages in either case. Article 504. But in the first case he shall not enter into possession of the property until after having given sufficient security, with the intervention of the instituted heir. (154a), Article 312. The right to dispose of some of the things donated, or of some amount which shall be a charge thereon, may be reserved by the donor; but if he should die without having made use of this right, the property or amount reserved shall belong to the donee. Article 1711. Usufruct may be constituted on the whole or a part of the fruits of the thing, in favor of one more persons, simultaneously or successively, and in every case from or to a certain day, purely or conditionally. If the owner of the servient estate should make use of the easement in any manner whatsoever, he shall also be obliged to contribute to the expenses in the proportion stated, saving an agreement to the contrary. (1803a), Article 2023. It was enacted in 1950. (480), Article 573. (170), Article 332. Article 1933. A partnership begins from the moment of the execution of the contract, unless it is otherwise stipulated. Article 607. A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to show or prove it. The owner of the thing may, should he so desire, give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits, as an indemnity for his part of the expenses of cultivation and the net proceeds; the possessor in good faith who for any reason whatever should refuse to accept this concession, shall lose the right to be indemnified in any other manner. All other property of the State, which is not of the character stated in the preceding article, is patrimonial property. 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. The latter may redeem the property and compel a conveyance thereof to him. Under the Absolute Community of Property section of the code, all properties, whether acquired before or during marriage, are considered conjugal. (n), Article 1890. If the property is worth more than two thousand pesos, the father or mother shall give a bond subject to the approval of the Court of First Instance. 1, 2, 3, 4, and 5 of the preceding article, if the goods are lost, destroyed or deteriorated, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as required in article 1733. For persons under guardianship and for absentees, the period of four years shall not begin until the termination of the former's incapacity, or until the domicile of the latter is known. (n). This prohibition does not apply when the donation takes effect after the death of the donor. The district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance. The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary. The property relations between husband and wife shall be governed in the following order: (1) By contract executed before the marriage; Article 119. (756, 854, 674a). An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. (1819a), Article 2041. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. A voluntary deposit is that wherein the delivery is made by the will of the depositor. (33a). Article 1560. 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. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. (n), Article 1465. (848a), Article 916. However, in case of fraud in the management of the partnership, the assignee may avail himself of the usual remedies. If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. A contributor, unless he is a general partner, is not a proper party to proceedings by or against a partnership, except where the object is to enforce a limited partner's right against or liability to the partnership. (137), Article 287. (449), Article 543. A person to whom a document of title has been transferred, but not negotiated, acquires thereby, as against the transferor, the title to the goods, subject to the terms of any agreement with the transferor. Nevertheless, if any of the heirs should demand that the thing be sold at public auction and that strangers be allowed to bid, this must be done. (1115). 415, par. (n), Article 1268. Article 361. (32a). (145), Article 296. (n), Article 1605. A contract of sale may be absolute or conditional. Any person incapable of succession, who, disregarding the prohibition stated in the preceding articles, entered into the possession of the hereditary property, shall be obliged to return it together it its accessions. The responsibility of two or more payees, when there has been payment of what is not due, is solidary. The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. The family home, after its creation by virtue of judicial approval, shall be exempt from execution, forced sale, or attachment, except: (2) In satisfaction of a judgment on a debt secured by a mortgage constituted on the immovable before or after the establishment of the family home. (1072a). Article 2084. (n), Article 1346. (n), Article 915. Premium PDF Package. Expenses for support, education, medical attendance, even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts are not subject to collation. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (n). This article is subject to the provisions of special laws. 422. The contract of lease may be of things, or of work and service. Article 1732. In every action by the creditor, which must be against the principal debtor alone, except in the cases mentioned in article 2059, the former shall ask the court to notify the guarantor of the action. Article 1575. Article 1279. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. Article 1752. By the contract of barter or exchange one of the parties binds himself to give one thing in consideration of the other's promise to give another thing. 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. Article 417. (1007a). The risk of specific and determinate things, which are not fungible, contributed to the partnership so that only their use and fruits may be for the common benefit, shall be borne by the partner who owns them. Art. Where, under a contract of sale, the ownership of the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the goods according to the terms of the contract of sale, the seller may maintain an action against him for the price of the goods. If the absentee appears, or without appearing his existence is proved, he shall recover his property in the condition in which it may be found, and the price of any property that may have been alienated or the property acquired therewith; but he cannot claim either fruits or rents. (433a), Article 527. In default thereof, he shall do all that a good father of a family would do, as required by the nature of the business. (1908), Article 2192. (n), Article 1313. (n), SECTION 4Special Provisions for the Lease of Urban Lands, Article 1686. If at the first auction the thing is not sold, a second one with the same formalities shall be held; and if at the second auction there is no sale either, the creditor may appropriate the thing pledged. (1839), Article 2068. 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. (n), Article 1821. During the pendency of legal separation proceedings the court shall make provision for the care of the minor children in accordance with the circumstances and may order the conjugal partnership property or the income therefrom to be set aside for their support; and in default thereof said minor children shall be cared for in conformity with the provisions of this Code; but the Court shall abstain from making any order in this respect in case the parents have by mutual agreement, made provision for the care of said minor children and these are, in the judgment of the court, well cared for. In case they were not appraised, he shall have the right to return the same quantity and quality, or pay their current price at the time the usufruct ceases. (1572). (642a). Article 1183. 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. The lack of payment of the income due does not authorize the recipient of the life annuity to demand the reimbursement of the capital or to retake possession of the property alienated, unless there is a stipulation to the contrary; he shall have only a right judicially to claim the payment of the income in arrears and to require a security for the future income, unless there is a stipulation to the contrary. (1937), Article 1115. 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. Article 1858. Article 490. Article 45. After the security has been given by the usufructuary, he shall have a right to all the proceeds and benefits from the day on which, in accordance with the title constituting the usufruct, he should have commenced to receive them. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. (147) ARTICLE 298. If the testator should bequeath or devise something pledged or mortgaged to secure a recoverable debt before the execution of the will, the estate is obliged to pay the debt, unless the contrary intention appears. Parental authority cannot be renounced or transferred, except in cases of guardianship or adoption approved by the courts, or emancipation by concession. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. No human remains shall be retained, interred, disposed of or exhumed without the consent of the persons mentioned in articles 294 and 305. (1) To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended; (2) To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary; (3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. Article 880. (1554a), Article 1655. (n), Article 2157. A possessor may lose his possession: (2) By an assignment made to another either by onerous or gratuitous title; (3) By the destruction or total loss of the thing, or because it goes out of commerce; (4) By the possession of another, subject to the provisions of article 537, if the new possession has lasted longer than one year. 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