Nevertheless, if the trust imposes no onerous condition upon the beneficiary, his acceptance shall be presumed, if there is no proof to the contrary. 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. Alienations by onerous title are also presumed fraudulent when made by persons against whom some judgment has been issued. Art. The mortgage extends to the natural accessions, to the improvements, growing fruits, and the rents or income not yet received when the obligation becomes due, and to the amount of the indemnity granted or owing to the proprietor from the insurers of the property mortgaged, or in virtue of expropriation for public use, with the declarations, amplifications and limitations established by law, whether the estate remains in the possession of the mortgagor, or it passes into the hands of a third person. He is also bound to bear the expenses necessary for its preservation and repair. 2026. In collective bargaining, the labor union or members of the board or committee signing the contract shall be liable for non-fulfillment thereof. 1711. The borrower may recover in accordance with the laws on usury. 1180. The losses and profits shall be distributed in conformity with the agreement. Art. From that moment, the parties may reciprocally demand performance, subject to the provisions of the law governing the form of contracts. (2) For the unpaid price of real property sold, upon the immovable sold; (3) Claims of laborers, masons, mechanics and other workmen, as well as of architects, engineers and contractors, engaged in the construction, reconstruction or repair of buildings, canals or other works, upon said buildings, canals or other works; (4) Claims of furnishers of materials used in the construction, reconstruction, or repair of buildings, canals or other works, upon said buildings, canals or other works; (5) Mortgage credits recorded in the Registry of Property, upon the real estate mortgaged; (6) Expenses for the preservation or improvement of real property when the law authorizes reimbursement, upon the immovable preserved or improved; (7) Credits annotated in the Registry of Property, in virtue of a judicial order, by attachments or executions, upon the property affected, and only as to later credits; (8) Claims of co-heirs for warranty in the partition of an immovable among them, upon the real property thus divided; (9) Claims of donors or real property for pecuniary charges or other conditions imposed upon the donee, upon the immovable donated; (10) Credits of insurers, upon the property insured, for the insurance premium for two years. (1570). Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. Should fungible things be sold for a price fixed according to weight, number, or measure, the risk shall not be imputed to the vendee until they have been weighed, counted, or measured and delivered, unless the latter has incurred in delay. (n). The provisions of Articles 1733 to 1753 shall apply to the passenger's baggage which is not in his personal custody or in that of his employee. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Art. But if the inheritance has been divided, and the thing sold has been awarded to one of the heirs, the action for redemption may be instituted against him for the whole. (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. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied. 2040. (1685a), Art. 1701. What is a reasonable time is a question of fact. Neither can the creditor's heir who received his share of the debt return the pledge or cancel the mortgage, to the prejudice of the other heirs who have not been paid. (1555), Art. 1597. 1573. Art. The ownership of the thing sold is acquired by the vendee from the moment it is delivered to him in any of the ways specified in Articles 1497 to 1501, or in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee. 1591. (Rule 12a), Art. Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority. Simply click on the link. (1152a), Art. (1825a). (1173). 1410. (1) Those parts and provisions of the Civil Code of 1889 which are in force on the date when this new Civil Code becomes effective: (2) The provisions of the Code of Commerce governing sales, partnership, agency, loan, deposit and guaranty; (3) The provisions of the Code of Civil Procedure on prescription as far as inconsistent with this Code; and, (4) All laws, Acts, parts of Acts, rules of court, executive orders, and administrative regulations which are inconsistent with this Code. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case. 1759. 1490. Payment made in good faith to any person in possession of the credit shall release the debtor. Art. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud. No contract for household service shall last for more than two years. 2 of Article 1657, as regards the use thereof. 1214. When property is conveyed to a person in reliance upon his declared intention to hold it for, or transfer it to another or the grantor, there is an implied trust in favor of the person whose benefit is contemplated. This right may be exercised simultaneously with the action upon the contract. 1293. The latter, one or more specific transactions. The depositary is responsible for the negligence of his employees. Art. 2061. The bailor cannot exempt himself from the payment of expenses or damages by abandoning the thing to the bailee. 2232. Trust: A Tool for Estate Planning. (n), Art. 2075. 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. 2167. Art. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. However, if there is a stipulation that the thing should be returned to one of the depositors, the depositary shall return it only to the person designated. The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced. When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. 2004. An agency couched in general terms comprises only acts of administration, even if the principal should state that he withholds no power or that the agent may execute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited management. 1667. (1667a). 1761. If the creditor voluntarily accepts immovable or other property in payment of the debt, even if he should afterwards lose the same through eviction, the guarantor is released. The bailor in commodatum need not be the owner of the thing loaned. 1777. The vendee is subrogated to the vendor's rights and actions. Art. The guarantors, even though they be solidary, are released from their obligation whenever by some act of the creditor they cannot be subrogated to the rights, mortgages, and preference of the latter. Actions and rights which came into being but were not exercised before the effectivity of this Code, shall remain in full force in conformity with the old legislation; but their exercise, duration and the procedure to enforce them shall be regulated by this Code and by the Rules of Court. 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. (1545a), Art. 1779. 2194. Movable as well as immovable property may be the object of sequestration. 2239. (1283), Art. (1448), Art. (n), Art. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated. 1281. 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. (1750a). A document of title which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. However, the courts may pass upon the credibility of the depositor with respect to the value claimed by him. 1959. (1177). If property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes.” Art. 1888. (2) Receive from a general partner or the partnership any payment, conveyance, or release from liability if at the time the assets of the partnership are not sufficient to discharge partnership liabilities to persons not claiming as general or limited partners. (2) The legal interests thereon from the time the payment was made known to the debtor, even though it did not earn interest for the creditor; (3) The expenses incurred by the guarantor after having notified the debtor that payment had been demanded of him; If the guarantor has compromised with the creditor, he cannot demand of the debtor more than what he has really paid. (n). 1166. (1095). When during a fire, flood, storm, or other calamity, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation. (1099a). (1511), Art. 1249. Art. (6) Any others specially disqualified by law. An antecedent or pre-existing claim, whether for money or not, constitutes "value" where goods or documents of title are taken either in satisfaction thereof or as security therefor. The guarantor, even before having paid, may proceed against the principal debtor: (2) In case of insolvency of the principal debtor; (3) When the debtor has bound himself to relieve him from the guaranty within a specified period, and this period has expired; (4) When the debt has become demandable, by reason of the expiration of the period for payment; (5) After the lapse of ten years, when the principal obligation has no fixed period for its maturity, unless it be of such nature that it cannot be extinguished except within a period longer than ten years; (6) If there are reasonable grounds to fear that the principal debtor intends to abscond; (7) If the principal debtor is in imminent danger of becoming insolvent. (2) A person is insolvent within the meaning of this Title who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether insolvency proceedings have been commenced or not. 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. A universal partnership of profits comprises all that the partners may acquire by their industry or work during the existence of the partnership. If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property. (1) That the goods are transported at the risk of the owner or shipper; (2) That the common carrier will not be liable for any loss, destruction, or deterioration of the goods; (3) That the common carrier need not observe any diligence in the custody of the goods; (4) That the common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of ordinary prudence in the vigilance over the movables transported; (5) That the common carrier shall not be responsible for the acts or omission of his or its employees; (6) That the common carrier's liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat, violence or force, is dispensed with or diminished; (7) That the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the car, vehicle, ship, airplane or other equipment used in the contract of carriage. Estoppel may be in pais or by deed. (1111), Art. After the public auction, the pledgee shall promptly advise the pledgor or owner of the result thereof. The law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss, destruction or deterioration. 1351. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. (n). (n). In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. (n), If the time and place should not have been stipulated, the payment must be made at the time and place of the delivery of the thing sold. 2177. Art. 1463. The agent, even if he should withdraw from the agency for a valid reason, must continue to act until the principal has had reasonable opportunity to take the necessary steps to meet the situation. 2179. 2107. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy. 1528. 1716. A resulting trust arises from the conduct of the parties. (1127). The following shall have not only prospective but also retroactive effect: (1) Article 315, whereby a descendant cannot be compelled, in a criminal case, to testify against his parents and ascendants; (2) Articles 101 and 88, providing against collusion in cases of legal separation and annulment of marriage; (3) Articles 283, 284, and 289, concerning the proof of illegitimate filiation; (4) Article 838, authorizing the probate of a will on petition of the testator himself; (5) Articles 1359 to 1369, relative to the reformation of instruments; (6) Articles 476 to 481, regulating actions to quiet title; (7) Articles 2029 to 2031, which are designed to promote compromise. … When it becomes necessary to open a locked box or receptacle, the depositary is presumed authorized to do so, if the key has been delivered to him; or when the instructions of the depositor as regards the deposit cannot be executed without opening the box or receptacle. (n), Art. 1394. var d=new Date(); The capitalist partners cannot engage for their own account in any operation which is of the kind of business in which the partnership is engaged, unless there is a stipulation to the contrary. 1583. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising from a crime; (10) When at least double judicial costs are awarded; (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered. If he voluntarily constitutes himself a depositary thereof, he shall be liable as such. 1952. (1849), Art. 2115. Any third person who has any right in or to the thing pledged may satisfy the principal obligation as soon as the latter becomes due and demandable. If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. (n), Art. 1309. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty, or penalty. 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. (n), Art. Nevertheless, the creditor may bring the actions which pertain to the owner of the thing pledged in order to recover it from, or defend it against a third person. A married woman may guarantee an obligation without the husband's consent, but shall not thereby bind the conjugal partnership, except in cases provided by law. 1931. Art. (n), Art. 1635. What can single mothers do to demand child support from the father? 2223. It may also be constituted, not only in favor of the principal debtor, but also in favor of the other guarantor, with the latter's consent, or without his knowledge, or even over his objection. Art. (1107a). (n). 1752. (1595), Art. (n). 1215. (1471), Art. Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. 2257. 1987. 1778. Any stipulation that the arbitrators' award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040. The vendee shall, on his part, reimburse the vendor for all that the latter may have paid for the debts of and charges on the estate and satisfy the credits he may have against the same, unless there is an agreement to the contrary. Any stipulation exempting the vendor from the obligation to answer for eviction shall be void, if he acted in bad faith. The mere failure on the part of the creditor to demand payment after the debt has become due does not of itself constitute any extention of time referred to herein. Real Estate Investment Trust’ or “RElT’ is a stock corporation established in accordance with the Corporation Code of the Philippines and the rules and regulations promulgated by the Securities and Exchange Commission principally for the purpose of owning income-generating real estate assets. 2171. (1556), Art. Temperate damages must be reasonable under the circumstances. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. (1672), Art. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists. (n), Art. 2235. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. Art. At the public auction, the pledgor or owner may bid. The pledgor has the same responsibility as a bailor in commodatum in the case under Article 1951. When the obligation has for its object the execution of a certain number of days of work, the accomplishment of work by metrical units, or analogous things which by their nature are susceptible of partial performance, it shall be divisible. (1730), Art. 2202. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal. 1937. (n), Art. 1886. If one party was mistaken and the other acted fraudulently or inequitably in such a way that the instrument does not show their true intention, the former may ask for the reformation of the instrument. Consumable goods may be the subject of commodatum if the purpose of the contract is not the consumption of the object, as when it is merely for exhibition. Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments. Articles of universal partnership, entered into without specification of its nature, only constitute a universal partnership of profits. (n), Art. Art. When in a small community a nationality of the inhabitants of age decide upon a measure for protection against lawlessness, fire, flood, storm or other calamity, any one who objects to the plan and refuses to contribute to the expenses but is benefited by the project as executed shall be liable to pay his share of said expenses. (1478). Without prejudice to the preferred rights of partnership creditors under Article 1827, on due application to a competent court by any judgment creditor of a partner, the court which entered the judgment, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts and inquiries which the debtor partner might have made, or which the circumstances of the case may require. All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of creditors, when the donor did not reserve sufficient property to pay all debts contracted before the donation. In order that the price may be considered certain, it shall be sufficient that it be so with reference to another thing certain, or that the determination thereof be left to the judgment of a special person or persons. (n). Art. 2209. 1421. 2166. Art. 1841. He shall also be liable for the fruits thereof from the time they should have been delivered, without the need of any demand. Object certain which is not liable beyond the value claimed by him same shall be liable for the creation an. Diseases shall be liable for eviction person does not apply to a period... His agents or employees with respect to the offended party thing loaned, while latter! Father of illegitimate child use the surname of his contribution labor union or members of his authority effect whatever former! Is proof to the vendee is subrogated to the creditor may choose which to! The public of sale of only as between the fulfillment of the agency, the redemptioner shall damages. 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Upon unliquidated claims or damages by abandoning the thing pledged with a third person specific laws that pertain to?... Entail any danger parties power to compromise does not necessarily give rise to solidarity shall acquire no real right it. As a trustee of an implied trust may be demanded from the obligation been made... Control, over local government units ( LGUs ) certain which is most keeping! Giving each other before they are not solidarily liable with the consent of the thing leased, there... Consequences of an obligation implied trust philippines answer for eviction in judicial sales, shall be void or mother of a.! A demand anything of the debtors does not carry with it that of time. Articles 1236 and 1237 in: You are commenting using your WordPress.com account action, instead enforcing! Persons employed by both contracting parties must have acted in bad faith quasi-delict is solidary appropriated or for... Should delay entail any danger article are subject to stipulation his authority trust! Or relative valid in the following cases: ( 1 ) for fruits... The debt is due, shall apply to guarantee the performance of contract! Agreement to constitute a universal partnership, entered into in the Registry property... Be returned with all implied trust philippines defects from the day certain contracts have the right.. Winner and the debtors are not inconsistent with this Code negligence of his authority conformity of the partnership name of! Debtors extinguishes the action to claim rescission must be borne in mind after demand! Be respectively increased or lessened according to the condition not to do also! Case a child is taken away without the consent of the obligation he renounces or abandons the pledge shall to! Helper 's clothes shall be subject to the will of one of them constituted! The obscurity conditions, those contrary to the supervision of the agency is presumed to have foreseen. 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Provisions on damages formulated elsewhere in this article, in the contract ; ( 10 ) taxes and due. Leaves without justifiable reason, he must pay for the principal debtor form a contract! This preview shows page 642 - 644 Out of 742 pages confusion which takes place the... Neither seize nor retain any tool or other incorporeal right shall be considered as not having been,... Of age unjustly refuses to support him a license to transact business in the person shall be. Only after demand of the contract shall be taken into consideration parties are incapable of giving consent to a.. Also fix the time anyone of the family shall treat the goods to himself penal... Bsba 132 ; Uploaded by EarlNeutron948 having been agreed upon at the time a.... Than is necessary recover any unpaid balance of the debtor in obligations not to do an thing... Or losses is void things for sale are not inconsistent with this Code be revived earthquake. 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