494. 1419. Art. (611), Art. Art. The insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, shall not revive the action of the latter against the original obligor, except when said insolvency was already existing and of public knowledge, or known to the debtor, when the delegated his debt. The condition not to do an impossible thing shall be considered as not having been agreed upon. The depositary may retain the thing in pledge until the full payment of what may be due him by reason of the deposit. Art. Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future. When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased, in whole or in part, without prejudice to his responsibility for the performance of the contract toward the lessor. Art. 64. 2107. (n), Art. Art. 238. A person may represent him whose inheritance he has renounced. Art. (n), Art. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. 1705. (1801a). Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration. (1115). An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. Si le vendeur ignorait les vices de la chose, il ne sera tenu qu'à la restitution du prix, et à rembourser à l'acquéreur les frais occasionnés par la vente. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. 994. 2232. 249. (1299). Section 2.It shall come into force on the 1 st date of January B.E. The establishment, extent, form and conditions of the servitudes of waters, to which this section refers, shall be governed by the special laws relating thereto insofar as no provision therefor is made in this Code. The interest may be redeemed with the separate property of any general partner, but may not be redeemed with partnership property. Donations which in accordance with the provisions of Article 752, are inofficious, bearing in mind the estimated net value of the donor's property at the time of his death, shall be reduced with regard to the excess; but this reduction shall not prevent the donations from taking effect during the life of the donor, nor shall it bar the donee from appropriating the fruits. (n). This power of the testator to prohibit division applies to the legitime. (n), Art. (n), Art. 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. 3 B. 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. 2080. The agent must act within the scope of his authority. (n), Art. (n), Art. Should the lessor refuse to reimburse said amount, the lessee may remove the improvements, even though the principal thing may suffer damage thereby. 581. (n), Art. 1952. Trouvé à l'intérieur â Page 261Pro socio , Liv . 1 um socius est qui admisit . Et recte : [ ARTICLE 1646. ] SECTION V. SECTION V. RÃGLES PARTICULIÃRES AU BAIL RULES PARTICULAR TO THE LEASE DES TERRES ET PROPRIÃTÃS AND HIRE OF FARMS AND RURALES . RURAL ESTATES . 1646. Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion. (n). The bailor cannot exempt himself from the payment of expenses or damages by abandoning the thing to the bailee. (3) A partner who has caused the dissolution wrongfully shall have: (b) If the business is continued under the second paragraph, No. (2) Money or other property wrongfully paid or conveyed to him on account of his contribution. The usufructuary shall take care of the things given in usufruct as a good father of a family. (n). (1582). The indivisibility of a pledge or mortgage is not affected by the fact that the debtors are not solidarily liable. Art. Si le vendeur ignorait les vices de la chose, il ne sera tenu qu'à la restitution du prix, et à rembourser à l'acquéreur les frais occasionnés par la vente. Art. (756, 855, 674a), Art. Art. (1198a), Art. if (yr!=1998) 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. Possession is interrupted for the purposes of prescription, naturally or civilly. That which has been left in this manner may be claimed at once provided that the instituted heir or his heirs give security for compliance with the wishes of the testator and for the return of anything he or they may receive, together with its fruits and interests, if he or they should disregard this obligation. A pledge or mortgage is indivisible, even though the debt may be divided among the successors in interest of the debtor or of the creditor. The remedies conferred by the first paragraph shall not be deemed exclusive of others which may exist. The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same. The form of sale of large cattle shall be governed by special laws. If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been contemplated, bearing in mind the nature of the obligation. If, however, a negotiable document of title has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the right of any purchaser for value in good faith to whom such document has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier, or other bailee who issued such document, of the seller's claim to a lien or right of stoppage in transitu. Such benefit to the creditor need not be proved in the following cases: (1) If after the payment, the third person acquires the creditor's rights; (2) If the creditor ratifies the payment to the third person; (3) If by the creditor's conduct, the debtor has been led to believe that the third person had authority to receive the payment. Art. No vested or acquired right can arise from acts or omissions which are against the law or which infringe upon the rights of others. Donations of the same thing to two or more different donees shall be governed by the provisions concerning the sale of the same thing to two or more different persons. Art. The following cannot give consent to a contract: (2) Insane or demented persons, and deaf-mutes who do not know how to write. Assessment of public policies. 850. 1374. (n), Art. To determine the degree of intimidation, the age, sex and condition of the person shall be borne in mind. (n), Art. Art. 1427. 1806. (n), (4) Upon the appointment of a general guardian. But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of the right granted. (n), Art. 7. 1666. Art. He may, however, remove such improvements, should it be possible to do so without damage to the property. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor. (2) That which each acquires, during the marriage, by lucrative title; (3) That which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses; (4) That which is purchased with exclusive money of the wife or of the husband. 1020. Prescription already running before the effectivity of this Code shall be governed by laws previously in force; but if since the time this Code took effect the entire period herein required for prescription should elapse, the present Code shall be applicable, even though by the former laws a longer period might be required. 1707. Art. 446. 1670. 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. (1284), Art. Art. 1062. 2228. In case brothers and sisters of the half blood, some on the father's and some on the mother's side, are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property. 1928. When either or both of the contracting parties are citizens or subjects of a foreign country, it shall be necessary, before a marriage license can be obtained, to provide themselves with a certificate of legal capacity to contract marriage, to be issued by their respective diplomatic or consular officials. 271. 2, without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such person or partnership may have the value of his interest at the date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided that the creditors of the dissolved partnership as against the separate creditors, or the representative of the retired or deceased partner, shall have priority on any claim arising under this article, as provided Article 1840, third paragraph. 1766. Art. A guaranty is gratuitous, unless there is a stipulation to the contrary. These guardians may repudiate the same with judicial approval. 475. 308. 1469. 189. (114), Art. 1417. Should the vendor have profited by some of the fruits or received anything from the inheritance sold, he shall pay the vendee thereof, if the contrary has not been stipulated. (1725), Art. 1569. Online Library of Liberty The OLL is a curated collection of scholarly works that engage with vital questions of liberty. 1571. Such notice may be given either to the person in actual possession of the goods or to his principal. Art. If the agency has been entrusted for the purpose of contracting with specified persons, its revocation shall not prejudice the latter if they were not given notice thereof. 2062. Natural and industrial fruits are considered received from the time they are gathered or severed. (188a). The novation is void if the original obligation was void, except when annulment may be claimed only by the debtor or when ratification validates acts which are voidable. Land tenancy on shares shall be governed by special laws, the stipulations of the parties, the provisions on partnership and by the customs of the place. Art. 1748. (n), Art. Art. Should the deposit consist of money, the provisions relative to agents in article 1896 shall be applied to the depositary. The purpose of the obligation and other circumstances shall be taken into consideration. 1014. (1483a). He shall not, however, cause any more impairment upon the property leased than is necessary. The contract, in such a case, is presumed to have been entered into in the place where the offer was made. (1730), Art. 1325. The creditor to whom the credit has not been satisfied in due time, may proceed before a Notary Public to the sale of the thing pledged. (1889a). Art. (1490). 1799. (n), Art. 2052. 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. (1747a), Art. 2089. Art. 1271. (n), Art. In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with. This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired. The Administration's eco-responsibility. The agent who acts as such is not personally liable to the party with whom he contracts, unless he expressly binds himself or exceeds the limits of his authority without giving such party sufficient notice of his powers. Nevertheless, a guaranty may be constituted to guarantee the performance of a voidable or an unenforceable contract. 1623. 181. (n), Art. The tenant on shares cannot be ejected except in cases specified by law. Art. The agency shall remain in full force and effect even after the death of the principal, if it has been constituted in the common interest of the latter and of the agent, or in the interest of a third person who has accepted the stipulation in his favor. (1821a), Art. (n). 1480. 1393. Les cessionnaires d'une même créance, de même que le cédant pour ce qui lui reste dû, sont payés en proportion de leur créance. In setting accounts after dissolution the liabilities of the partnership shall be entitled to payment in the following order: (2) Those to limited partners in respect to their share of the profits and other compensation by way of income on their contributions; (3) Those to limited partners in respect to the capital of their contributions; (4) Those to general partners other than for capital and profits; (5) Those to general partners in respect to profits; (6) Those to general partners in respect to capital. (576). These provisions are without prejudice to venue under the Rules of Court. When there are two or more depositors, if they are not solidary, and the thing admits of division, each one cannot demand more than his share. Art. (1050), Art. (454), Art. Art. (1166a), Art. The extraordinary liability of the common carrier continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, until the consignee has been advised of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose of them. 2201. Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. 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. "Goods" includes all chattels personal but not things in action or money of legal tender in the Philippines. The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity.
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