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(1189), ARTICLE 1273. There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. (1527), ARTICLE 1627. (1006), ARTICLE 1054. The lease of a piece of rural land, when its duration has not been fixed, is understood to have been for all the time necessary for the gathering of the fruits which the whole estate leased may yield in one year, or which it may yield once, although two or more years may have to elapse for the purpose. 7604 0 obj <> endobj But the co-ownership may be terminated in accordance with article 498. ARTICLE 1248. ARTICLE 482. ARTICLE 1577.The redhibitory action, based on the faults or defects of animals, must be brought within forty days from the date of their delivery to the vendee. In case of abuse of powers of administration of the conjugal partnership property by the husband, or in case of abandonment by the husband, separation of property may also be ordered by the court, according to the provisions of articles 167 and 178, No. ARTICLE 587. ARTICLE 1617. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to him. ARTICLE 759. PDF. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. (n), ARTICLE 1951. In no case shall the donee be responsible for the debts exceeding the value of the property donated, unless a contrary intention clearly appears. Should it have existed or should it have been fulfilled at the time the will was executed and the testator was unaware thereof, it shall be deemed as complied with. When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or avoided. Whoever alleges the legitimacy or the illegitimacy of such child must prove his allegation. Extraordinary repairs shall be at the expense of the owner. Natural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary. (n), ARTICLE 1926. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title and against hidden defects and the payment of price in a contract of sale. This action lapses after four years following the date the decree became final. ARTICLE 2220. However, even though a monthly rent is paid, and no period for the lease has been set, the courts may fix a longer term for the lease after the lessee has occupied the premises for over one year. ARTICLE 248. (1876), ARTICLE 2127. (582a), ARTICLE 671. In case of conflict, the court shall decide the question, after consulting the family council, if there is any. 2, either alone or with others, and without liquidation of the partnership affairs; (6) When a partner is expelled and the remaining partners continue the business either alone or with others without liquidation of the partnership affairs. ARTICLE 2180. 328 to 332 of the Civil Code, appoint a guardian for the person and property of the child, on petition of any relative or friend of the family or the Department of Social Welfare. When in a contract between third persons concerning immovable property, one of them is misled by a person with respect to the ownership or real right over the real estate, the latter is precluded from asserting his legal title or interest therein, provided all these requisites are present: (1) There must be fraudulent representation or wrongful concealment of facts known to the party ; (2) The party precluded must intend that the other should act upon the facts as misrepresented; (3) The party misled must have been unaware of the true facts; and. The legacy or devise shall be without effect: (1) If the testator transforms the thing bequeathed in such a manner that it does not retain either the form or the denomination it had; (2) If the testator by any title or for any cause alienates the thing bequeathed or any part thereof, it being understood that in the latter case the legacy or devise shall be without effect only with respect to the part thus alienated. (n), ARTICLE 1077. ARTICLE 2151. (n), ARTICLE 1040. (n). If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. 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. 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. (1125a), ARTICLE 1194. (1497a), ARTICLE 1579. The nullity of the penal clause does not carry with it that of the principal obligation. (n). (n), ARTICLE 834. (n), ARTICLE 1790. So long as the conjugal partnership or absolute community subsists, its property shall not be among the assets to be taken possession of by the assignee for the payment of the insolvent debtor’s obligations, except insofar as the latter have redounded to the benefit of the family. The obligation to deliver the thing sold includes that of placing in the control of the vendee all that is mentioned in the contract, in conformity with the following rules: If the sale of real estate should be made with a statement of its area, at the rate of a certain price for a unit of measure or number, the vendor shall be obliged to deliver to the vendee, if the latter should demand it, all that may have been stated in the contract; but, should this be not possible, the vendee may choose between a proportional reduction of the price and the rescission of the contract, provided that, in the latter case, the lack in the area be not less than one-tenth of that stated. The officious manager is personally liable for contracts which he has entered into with third persons, even though he acted in the name of the owner, and there shall be no right of action between the owner and third persons. ARTICLE 369. If the child is to be kept in a children’s home or similar institution for not more than one month, an order of the justice of the peace or municipal judge shall be necessary, after due hearing, where the child shall be heard. Grandparents shall be consulted by all members of the family on all important family questions. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. (1560a), ARTICLE 1665. The latter binds a person with those from whom he descends. Title so acquired can be conveyed only in the partnership name. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein. If the consideration of the contract consists partly in money, and partly in another thing, the transaction shall be characterized by the manifest intention of the parties. (372a), ARTICLE 463. (n), ARTICLE 410. (n), ARTICLE 1324. ARTICLE 1839. The agent shall be liable for damages if, there being a conflict between his interests and those of the principal, he should prefer his own. A minor who according to law may contract marriage, may also execute his or her marriage settlements; but they shall be valid only if the persons designated by law to give consent to the marriage of the minor take part in the ante-nuptial agreement. (597a), ARTICLE 692. (1734), ARTICLE 1922. (n). (n), ARTICLE 144. h��U�n�0�=n�n�/@Q i�m��M�(��jb���ڿI[�b4˺>#�"ER::�B2��PEL�8���c¤P�h�d�Z2�%i�I�4j��$A0��f''|zs�����߮�C���K&�b�M�L|�/�w�_<5M�X^�����[�7ϻ�-���. (402), ARTICLE 497. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. (1570). (n), ARTICLE 1060. (17a), ARTICLE 70. (n). The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. (1668a), ARTICLE 1774. (n). The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable. He who believes that he has an action or a right to deprive another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to deliver the thing. (n), ARTICLE 1536. The right to receive support cannot be renounced; nor can it be transmitted to a third person. It is not necessary that such overt act should be communicated to the buyer, but the giving or failure to give notice to the buyer of the intention to rescind shall be relevant in any issue involving the question whether the buyer had been in default for an unreasonable time before the right of rescission was asserted. In case either of the contracting parties is on the point of death or the female has her habitual residence at a place more than fifteen kilometers distant from the municipal building and there is no communication by railroad or by provincial or local highways between the former and the latter, the marriage may be solemnized without necessity of a marriage license; but in such cases the official, priest, or minister solemnizing it shall state in an affidavit made before the local civil registrar or any person authorized by law to administer oaths that the marriage was performed in articulo mortis or at a place more than fifteen kilometers distant from the municipal building concerned, in which latter case he shall give the name of the barrio where the marriage was solemnized. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases: (1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority; (2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child. The legitime reserved for the legitimate parents shall be divided between them equally; if one of the parents should have died, the whole shall pass to the survivor. The following are incapable of succeeding: (1) The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period; (2) The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong; (3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid; (4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children; (5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness; (6) Individuals, associations and corporations not permitted by law to inherit. The responsibility of two or more persons who are liable for quasi-delict is solidary. (1312), ARTICLE 1396. (565), ARTICLE 651. ARTICLE 1575. (n), Property Relations Between Husband and Wife. (n). Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or after his death, shall be conclusive as to its due execution. 257. (1765a). Upon the death of the person who has set up the family home, the same shall continue, unless he desired otherwise in his will. ARTICLE 1786. May reject the whole of the court may not have any same, the provisions of article are. Legitime of the thing is retained the legitimacy or may be silent upon this point shall. Commenced by the two preceding articles shall be decided upon by a competent.... From: Liaiim, ( 3 ) those owing to partners in respect of profits institutions shall be to... Article 163 is applicable title so acquired can be separated from her child under eighteen of... 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