(1332a). Article 1750. The depositary may change the way of the deposit if under the circumstances he may reasonably presume that the depositor would consent to the change if he knew of the facts of the situation. (n). After the partition has been made, the co-heirs shall be reciprocally bound to warrant the title to, and the quality of, each property adjudicated. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. (538a), Article 622. (n) The right, if given, of a limited partner to demand and receive property other than cash in return for his contribution. Those who pay for the insolvent heir shall have a right of action against him for reimbursement, should his financial condition improve. The fruits of the paraphernal property form part of the assets of the conjugal partnership, and shall be subject to the payment of the expenses of the marriage. If the heirs or devisees do not choose to avail themselves of the right granted by the preceding article, any heir or devisee who did not have such right may exercise it; should the latter not make use of it, the property shall be sold at public auction at the instance of any one of the interested parties. 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. Life annuity shall be void if constituted upon the life of a person who was already dead at the time the contract was entered into, or who was at that time suffering from an illness which caused his death within twenty days following said date. (n), Article 1816. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural. (n), Article 1284. (n), Article 1902. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach in any promise of warranty within a reasonable time after the buyer knows, or ought to know of such breach, the seller shall not be liable therefor. If the one who caused the mixture or confusion acted in bad faith, he shall lose the thing belonging to him thus mixed or confused, besides being obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mixed. (1) When it is made in compliance with a legal obligation; (2) When it takes place on the occasion of any calamity, such as fire, storm, flood, pillage, shipwreck, or other similar events. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. (n), Article 1352. (n), Article 1953. The contractor may either employ only his labor or skill, or also furnish the material. Article 1776. (612a), Article 717. (n). (1720a). The existing laws which punish acts or omissions concerning the marriage license, solemnization of marriage, authority to solemnize marriages, and other acts or omissions relative to the celebration of marriage shall remain and continue to be in force. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be changed from time to time. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. In this case, the public instrument shall be recorded in the Registry of Property. In all these cases, the action of the guarantor is to obtain release from the guaranty, or to demand a security that shall protect him from any proceedings by the creditor and from the danger of insolvency of the debtor. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. A guaranty may be conventional, legal or judicial, gratuitous, or by onerous title. Article 657. (1951), Article 1129. (1181a). The borrower may recover in accordance with the laws on usury. Article 920. Article 1788. If, however, the buyer has used or disposed of the goods delivered before he knows that the seller is not going to perform his contract in full, the buyer shall not be liable for more than the fair value to him of the goods so received. (n), Article 1842. Easements of the right of way for the passage of livestock known as animal path, animal trail or any other, and those for watering places, resting places and animal folds, shall be governed by the ordinances and regulations relating thereto, and, in the absence thereof, by the usages and customs of the place. This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. The bailor cannot demand the return of the thing loaned till after the expiration of the period stipulated, or after the accomplishment of the use for which the commodatum has been constituted. (622), Article 734. Among the compulsory heirs the right of accretion shall take place only when the free portion is left to two or more of them, or to any one of them and to a stranger. Article 107. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Associations and societies, whose articles are kept secret among the members, and wherein any one of the members may contract in his own name with third persons, shall have no juridical personality, and shall be governed by the provisions relating to co-ownership. The procedure for the reformation of instrument shall be governed by rules of court to be promulgated by the Supreme Court. Partition shall be governed by the Rules of Court insofar as they are consistent with this Code. (1766a), Article 1973. Prescription obtained by a co-proprietor or a co-owner shall benefit the others. (912a), Article 963. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. Apply online instantly. In case of a pledge of animals, their offspring shall pertain to the pledgor or owner of animals pledged, but shall be subject to the pledge, if there is no stipulation to the contrary. The guarantor cannot be compelled to pay the creditor unless the latter has exhausted all the property of the debtor, and has resorted to all the legal remedies against the debtor. By the contract of agency a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. (4a). (10a). Article 957. Reconciliation stops the proceedings for legal separation and rescinds the decree of legal separation already rendered. (n). If a partner authorized to manage collects a demandable sum which was owed to him in his own name, from a person who owed the partnership another sum also demandable, the sum thus collected shall be applied to the two credits in proportion to their amounts, even though he may have given a receipt for his own credit only; but should he have given it for the account of the partnership credit, the amount shall be fully applied to the latter. If a natural child is recognized or judicially declared as natural, such recognition or declaration shall extend to his or her brothers or sisters of the full blood: Provided, That the consent of the latter shall be implied if they do not impugn the recognition within four years from the time of such recognition, or in case they are minors, within four years following the attainment of majority. In the case referred to in the preceding article, if the agent has acted in good faith, the principal shall be liable in damages to the third person whose contract must be rejected. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. In case of nonappearance of the defendant, the provisions of article 101, paragraph 2, shall be observed. The condition not to do an impossible thing shall be considered as not having been agreed upon. Article 1883. (1078a), Article 1103. Continuous easements are those the use of which is or may be incessant, without the intervention of any act of man. Article 1366. (n). He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. (560), Article 646. (n), Article 915. (n), Article 813. If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises. (n), Article 1836. (1713a), Article 1881. By guaranty a person, called the guarantor, binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so. 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. Article 1050. A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. (n), Article 1625. The determination shall not be obligatory if it is evidently inequitable. He who paid unduly may proceed only against the true debtor or the guarantors with regard to whom the action is still effective. Without such reservation, the donation shall be reduced in petition of any person affected. Article 512. Article 1535. A person to whom a negotiable document of title has been duly negotiated acquires thereby: (1) Such title to the goods as the person negotiating the document to him had or had ability to convey to a purchaser in good faith for value and also such title to the goods as the person to whose order the goods were to be delivered by the terms of the document had or had ability to convey to a purchaser in good faith for value; and, (2) The direct obligation of the bailee issuing the document to hold possession of the goods for him according to the terms of the document as fully as if such bailee had contracted directly with him. (n), Article 1334. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. 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. The purchase of jewelry and precious objects is voidable, unless the transaction has been expressly or tacitly approved by the husband, or unless the price paid is from her paraphernal property. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. Article 2052. (n), Article 2111. Article 478. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. (1259a), CHAPTER 2Essential Requisites of Contracts. No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property. This liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and supervision of their employees. Should such ground not exist, the provisions of article 1191 shall be observed. Article 349. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. 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. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription. (670a), Article 785. Article 1344. (n), Article 2186. (n), Article 1310. Should any question arise among the co-heirs upon the obligation to bring to collation or as to the things which are subject to collation, the distribution of the estate shall not be interrupted for this reason, provided adequate security is given. (n), Article 1195. (1923a), Article 2243. Article 2213. Article 1434. Guardians of the property of minors, appointed by the courts before this Code goes into effect, shall continue to act as such, notwithstanding the provisions of article 320. A limited partnership is one formed by two or more persons under the provisions of the following article, having as members one or more general partners and one or more limited partners. Unenforceable contracts cannot be assailed by third persons. (n), Article 2050. (1556), Article 1660. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. (n), Article 1717. Article 307. The legatee or devisee of two legacies or devises, one of which is onerous, cannot renounce the onerous one and accept the other. Donations during the marriage by one of the spouses to the children whom the other spouse had by another marriage, or to persons of whom the other spouse is a presumptive heir at the time of the donation are voidable, at the instance of the donor's heirs after his death. Article 414. The lessor is not obliged to answer for a mere act of trespass which a third person may cause on the use of the thing leased; but the lessee shall have a direct action against the intruder. Unless there is a stipulation to the contrary, the pledge shall extend to the interest and earnings of the right pledged. (928a). Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. (516). Article 25. If the usufruct be constituted on a flock or herd of livestock, the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes, or are lost due to the rapacity of beasts of prey. (540a), Article 624. Should the agent have advanced them, the principal must reimburse him therefor, even if the business or undertaking was not successful, provided the agent is free from all fault. Article 1493. (875a), Article 942. If heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. (1763), Article 1969. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. If the thing given in usufruct should be lost only in part, the right shall continue on the remaining part. (n). Should the usufructuary fail to give security in the cases in which he is bound to give it, the owner may demand that the immovables be placed under administration, that the movables be sold, that the public bonds, instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a bank or public institution, and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities. This juridical relation does not arise in either of these instances: (1) When the property or business is not neglected or abandoned; (2) If in fact the manager has been tacitly authorized by the owner. (806). The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. Article 369. Succession pertains, in the first place, to the descending direct line. (1946a), Article 1125. New, except articles 2200, 2201, 2209, and 2212. Article 962. 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