deflate implies a contracting by reducing the internal pressure of contained air or gas. The contractor may either employ only his labor or skill, or also furnish the material. (764). (519), Article 610. If only the widow or widower survives with parents of the illegitimate child, the legitime of the parents is one-fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth of the estate. It is presumed that there was a mistake in the payment if something which had never been due or had already been paid was delivered; but he from whom the return is claimed may prove that the delivery was made out of liberality or for any other just cause. (n), Article 1806. Customs which are contrary to law, public order or public policy shall not be countenanced. (1057a), Article 1082. A devise of indeterminate real property shall be valid only if there be immovable property of its kind in the estate. The persons in whose favor the law establishes a mortgage have no other right than to demand the execution and the recording of the document in which the mortgage is formalized. Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to his wife within the first one hundred and twenty days of the three hundred which preceded the birth of the child. The same rule shall be applied in case a new road is opened giving access to the isolated estate. (2) So far unknown and inactive in partnership affairs that the business reputation of the partnership could not be said to have been in any degree due to his connection with it. The sole owner of a thing may sell an undivided interest therein. Every lease of real estate may be recorded in the Registry of Property. He cannot, however, directly or indirectly buy the goods. (n), Article 1720. Aleatory contract. (1669). When two or more recipients at the same time claim support from one and the same person legally obliged to give it, and the latter should not have sufficient means to satisfy all, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the latter shall be preferred. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, the judgment specifying the terms of such order. (380), Article 472. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same. While the amount of the exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. An assignee, who does not become a substituted limited partner, has no right to require any information or account of the partnership transactions or to inspect the partnership books; he is only entitled to receive the share of the profits or other compensation by way of income, or the return of his contribution, to which his assignor would otherwise be entitled. No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance. (1292), Article 1383. An agreement limiting the common carrier's liability may be annulled by the shipper or owner if the common carrier refused to carry the goods unless the former agreed to such stipulation. A deposit is a gratuitous contract, except when there is an agreement to the contrary, or unless the depositary is engaged in the business of storing goods. the debtor may also be made liable for damages, which represent the sum of money given as a compensation for the injury or harm suffered by the creditor or obligee (he who has the right to the performance of the obligation) for the violation of his rights. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy. A person alternatively bound by different prestations shall completely perform one of them. (1689a). (1829a), SECTION 1Effects of Guaranty Between the Guarantor and the Creditor, Article 2058. A limited partnership is formed if there has been substantial compliance in good faith with the foregoing requirements. (19a), CHAPTER 2Marriages of Exceptional Character, Article 72. (145), Article 296. (170), Article 332. Alienation and mortgages made before the notation of the complaint for revocation in the Registry of Property shall be valid. (n), Article 2256. No priest or minister not having the required authorization may solemnize marriage. Article 355. (1407), SECTION 4Charges Upon and Obligation of the Conjugal Partnership. (548), Article 634. Republication and Revival of Wills, Article 835. Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts, by tradition. (n). (463). 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 have to elapse for the purpose. Whatever the child may acquire with the capital or property of the parents belongs to the latter in ownership and in usufruct. (n). None of the co-owners shall, without the consent of the others, make alterations in the thing owned in common, even though benefits for all would result therefrom. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty. (2) Be signed and sworn to by all members, and an amendment substituting a limited partner or adding a limited or general partner shall be signed also by the member to be substituted or added, and when a limited partner is to be substituted, the amendment shall also be signed by the assigning limited partner. Study with Quizlet and memorize flashcards containing terms like Which of the following is a fundamental purpose of the principle of indemnity? Article 687. The sum thereby obtained shall be applied to the creditors' claims, or to the support of the spouse or relatives, as the case may be. (993a), Article 1046. (1463a), Article 1499. 1a, art. (n), Article 413. Article 2229. Between persons who are absent, the acceptance of the agency cannot be implied from the silence of the agent, except: (1) When the principal transmits his power of attorney to the agent, who receives it without any objection; (2) When the principal entrusts to him by letter or telegram a power of attorney with respect to the business in which he is habitually engaged as an agent, and he did not reply to the letter or telegram. 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. (1102a), Article 1172. An obligation is a juridical necessity to give, to do or not to do. The provisions of this Title shall be respectively applicable to all obligations mentioned in article 1157. (1564a), Article 1669. (1000), Article 1051. (1688a). For these social and religious reasons, most legal jurisdictions limit gambling, as advocated by Pascal. The principal may revoke the agency at will, and compel the agent to return the document evidencing the agency. (n), Article 2087. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. Examples of elements that may make a contract unconscionable include: A limit on the damages a party may receive for breach of contract. Such compensation shall be in addition to the house helper's lodging, food, and medical attendance. Conventional redemption shall take place when the vendor reserves the right to repurchase the thing sold, with the obligation to comply with the provisions of article 1616 and other stipulations which may have been agreed upon. [31] St. Thomas Aquinas wrote that gambling should be especially forbidden where the losing bettor is underage or otherwise not able to consent to the transaction. this type of contract is reffered to as an Aleatory contract Contract of adhesion Personal contract. Article 707. Any sale contravening this rule may be treated as fraudulent by the buyer. The thing deposited must be returned to the depositor upon demand, even though a specified period or time for such return may have been fixed. Article 759. (n), Article 170. However, if the thing or any part thereof has been delivered to and appropriated by the buyer he must pay a reasonable price therefor. (n), Article 1229. 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. 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. (3) The certificate is cancelled or so amended as to set forth the withdrawal or reduction. (1100a), Article 1170. 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. Article 1861. If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section. In the case referred to in the first paragraph of the preceding article, the donor shall have a right to demand from the donee the value of property alienated which he cannot recover from third persons, or the sum for which the same has been mortgaged. It is a contract whose fulfillment depends upon chance such as insurance contract. (3). (1168a). (n), Article 50. In the case referred to in the two preceding articles, a stipulation that the installments or rents paid shall not be returned to the vendee or lessee shall be valid insofar as the same may not be unconscionable under the circumstances. the insurance policy). 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. (810), Article 891. If the owner of a building, supported by a party wall desires to demolish the building, he may also renounce his part-ownership of the wall, but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only, shall be borne by him. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same. Such consent shall be in writing, under oath taken with the appearance of the interested parties before the proper local civil registrar or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. Article 1442. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. 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. A partner who has received, in whole or in part, his share of a partnership credit, when the other partners have not collected theirs, shall be obliged, if the debtor should thereafter become insolvent, to bring to the partnership capital what he received even though he may have given receipt for his share only. The official, priest, or minister solemnizing the marriage shall retain the third copy of the marriage contract, the marriage license and the affidavit of the interested party regarding the solemnization of the marriage in a place other than those mentioned in article 57 if there be any such affidavit, in the files that he must keep. The following shall be the exclusive property of each spouse: (1) That which is brought to the marriage as his or her own; (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. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary. Aleatory contracts are often used as part of an insurance policy. Those growing at the time the usufruct terminates, belong to the owner. Compulsory heirs mentioned in Nos. (549), Article 635. (1061). (1287), Article 1377. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. Article 88. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. (804a). Article 1469. When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim reimbursement. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. (1471), Article 1543. A custom must be proved as a fact, according to the rules of evidence. (1816). It is not essential to the validity of resale that notice of an intention to resell the goods be given by the seller to the original buyer. Article 2047. Ex. In all cases other than those mentioned in Nos. Article 2257. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. (1473). An action for legal separation cannot be filed except within one year from and after the date on which the plaintiff became cognizant of the cause and within five years from and after the date when such cause occurred. (2) Prior to the time when the limited partner became such, the business has been carried on under a name in which his surname appeared. The property of provinces, cities, and municipalities is divided into property for public use and patrimonial property. Article 27. (518a), Article 609. When dissolution is caused in contravention of the partnership agreement the rights of the partners shall be as follows: (1) Each partner who has not caused dissolution wrongfully shall have: (a) All the rights specified in the first paragraph of this article, and. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Article 1365. Should the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things. 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. The owner of a building shall be obliged to construct its roof or covering in such manner that the rain water shall fall on his own land or on a street or public place, and not on the land of his neighbor, even though the adjacent land may belong to two or more persons, one of whom is the owner of the roof. (n). Article 1819. (n). Article 260. (958a). Subject to the provisions of the first paragraph, a limited partner may rightfully demand the return of his contribution: (1) On the dissolution of a partnership; or, (2) When the date specified in the certificate for its return has arrived, or. In order that compensation may be proper, it is necessary: (1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other; (2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; (4) That they be liquidated and demandable; (5) That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor. Those referred to in the preceding paragraph cannot renounce their right during the lifetime of the donor, either by express declaration, or by consenting to the donation. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. (n), Article 2117. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover. Recognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing. If the usufruct is constituted on immovable property of which a building forms part, and the latter should be destroyed in any manner whatsoever, the usufructuary shall have a right to make use of the land and the materials. With respect to movable property, the rescission of the sale shall of right take place in the interest of the vendor, if the vendee, upon the expiration of the period fixed for the delivery of the thing, should not have appeared to receive it, or, having appeared, he should not have tendered the price at the same time, unless a longer period has been stipulated for its payment. A contract requires a willing buyer and a willing seller, each of age, sane, under no pressure and unrelated. The right referred to in article 1601, in the absence of an express agreement, shall last four years from the date of the contract. Liquidation of the absolute community shall be governed by the Rules of Court on the administration of the estate of deceased persons. contain an offer and acceptance. Article 555. 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 former is the trustee, while the latter is the beneficiary. An agreement limiting the common carrier's liability for delay on account of strikes or riots is valid. The unworthy heir who is excluded from the succession has a right to demand indemnity or any expenses incurred in the preservation of the hereditary property, and to enforce such credits as he may have against the estate. The amount of the compensation is computed, on the one hand, by the duration of the delay and the amount of the compensation stipulated, and on the other hand, by what the contractor has saved in expenses by reason of the delay or is able to earn by a different employment of his time and industry. Creditors, mortgagees and all other persons who have an interest in the estate shall be notified of the petition, and given an opportunity to present their objections thereto. Two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person. Mistake. This provision shall not apply if the owner makes use of the right granted by article 450. Article 962. Article 1231. Article 1746. (n). The two words are not mutually exclusive; i.e., a "gaming" company offers (legal) "gambling" activities to the public[3] and may be regulated by one of many gaming control boards, for example, the Nevada Gaming Control Board. A contract is a legally binding agreement between two or more parties in which an exchange of value is made. Gambling is also a major international commercial activity, with the legal gambling market totaling an estimated $335 billion in 2009. The pledgee is responsible for the acts of his agents or employees with respect to the thing pledged. If the owner was not in the motor vehicle, the provisions of article 2180 are applicable. Article 1183. The guarantor shall be subject to the jurisdiction of the court of the place where this obligation is to be complied with. Article 1230. (1275a), Article 1353. Movable or immovable property may be the object of commodatum. The legatee or devisee acquires a right to the pure and simple legacies or devises from the death of the testator, and transmits it to his heirs. In these cases, the courts may also deprive the parents in whole or in part, of the usufruct over the child's property, or adopt such measures as they may deem advisable in the interest of the child. 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. (1050), SECTION 6Partition and Distribution of the Estate, Article 1078. (1428a), Article 188. (796), Article 878. Article 1426. (1093a), Article 1163. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title. The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein. Article 1699. Article 2065. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances. What happens when an initial offer is answered with a counteroffer? If the estate should not be sufficient to cover all the legacies or devises, their payment shall be made in the following order: (2) Legacies or devises declared by the testator to be preferential; (5) Legacies or devises of a specific, determinate thing which forms a part of the estate; Article 951. (1278a), Article 1357. The possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be excluded. (1901), Article 2164. (b) If the business is continued under the second paragraph, No. (n). (1523a) ARTICLE 1622. Contract. Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/contract. Article 2146. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (n), Article 1661. Article 1872. Article 2231. Article 921. 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. Article 1792. Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Article 225. However general the terms of a contract may be, they shall not be understood to comprehend things that are distinct and cases that are different from those upon which the parties intended to agree. The insurance contract or agreement is a contract whereby the insurer promises to pay benefits to the insured or on their behalf to a third party if certain defined events occur. The Arabic terminology for gambling is Maisir. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person. (996a). Article 1454. The inheritance of those who, with or without a will, die after the beginning of the effectivity of this Code, shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court; but the testamentary provisions shall be carried out insofar as they may be permitted by this Code. If indorsed to a specified person, it may be again negotiated by the indorsement of such person in blank, to bearer or to another specified person. Article 1583. He who has various debts of the same kind in favor of one and the same creditor, may declare at the time of making the payment, to which of them the same must be applied. A legal wager is considered an aleatory contract b. (556), Article 642. The fact that the common carrier has no competitor along the line or route, or a part thereof, to which the contract refers shall be taken into consideration on the question of whether or not a stipulation limiting the common carrier's liability is reasonable, just and in consonance with public policy. When by accident or other fortuitous event, movables separately pertaining to two or more persons are commingled or confused, the rules on co-ownership shall be applicable. When the lessor of a house, or part thereof, used as a dwelling for a family, or when the lessor of a store, or industrial establishment, also leases the furniture, the lease of the latter shall be deemed to be for the duration of the lease of the premises. The same things donated are not to be brought to collation and partition, but only their value at the time of the donation, even though their just value may not then have been assessed. For instance, in life insurance, the death of the insured would be the triggering event that leads to the payout of the death benefit to the insured's beneficiaries. If solidarity has been agreed upon, each of the agents is responsible for the non-fulfillment of agency, and for the fault or negligence of his fellows agents, except in the latter case when the fellow agents acted beyond the scope of their authority. 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.
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