civil code of the philippines property

Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. (1936a), Article 1114. (1131). This Act shall be known as the "Civil Code of the Philippines." Should the future spouses agree in the marriage settlements that their property relations during marriage shall be based upon the system of complete separation of property, the following provisions shall supplement the marriage settlements. (547a), Article 633. Legal or intestate succession takes place: (1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. But where the right to resell is not based on the perishable nature of the goods or upon an express provision of the contract of sale, the giving or failure to give such notice shall be relevant in any issue involving the question whether the buyer had been in default for an unreasonable time before the resale was made. In order that the common carrier may be exempted from responsibility, the natural disaster must have been the proximate and only cause of the loss. Article 1545. The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best. If the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also be considered. (1942), Article 1120. Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. The existence of an apparent sign of easement between two estates, established or maintained by the owner of both, shall be considered, should either of them be alienated, as a title in order that the easement may continue actively and passively, unless, at the time the ownership of the two estates is divided, the contrary should be provided in the title of conveyance of either of them, or the sign aforesaid should be removed before the execution of the deed. (n), Article 2117. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished; (2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered; (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor; (4) If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case; (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor; (6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary. (n), Article 1282. The following are of public dominion: (2) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; (3) Waters rising continuously or intermittently on lands of public dominion; (4) Lakes and lagoons formed by Nature on public lands, and their beds; (5) Rain waters running through ravines or sand beds, which are also of public dominion; (7) Waters found within the zone of operation of public works, even if constructed by a contractor; (8) Waters rising continuously or intermittently on lands belonging to private persons, to the State, to a province, or to a city or a municipality from the moment they leave such lands; (9) The waste waters of fountains, sewers and public establishments. Article 250. (n), Article 1137. Article 1844. Article 2246. (801a), Article 881. Payment shall be made monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he has received in advance. The legitime of an illegitimate child who is neither an acknowledged natural, nor a natural child by legal fiction, shall be equal in every case to four-fifths of the legitime of an acknowledged natural child. (1477). Usurious contracts shall be governed by the Usury Law and other special laws, so far as they are not inconsistent with this Code. Save marriages of an exceptional character authorized in Chapter 2 of this Title, but not those under article 75, no marriage shall be solemnized without a license first being issued by the local civil registrar of the municipality where either contracting party habitually resides. Should the deposit consist of money, the provisions relative to agents in article 1896 shall be applied to the depositary. (932), Article 981. Article 1556. The obligation to give support shall also cease: (2) When the resources of the obligor have been reduced to the point where he cannot give the support without neglecting his own needs and those of his family; (3) When the recipient may engage in a trade, profession, or industry, or has obtained work, or has improved his fortune in such a way that he no longer needs the allowance for his subsistence; (4) When the recipient, be he a forced heir or not, has committed some act which gives rise to disinheritance; (5) When the recipient is a descendant, brother or sister of the obligor and the need for support is caused by his or her bad conduct or by the lack of application to work, so long as this cause subsists. (397a). (1598a), Article 1731. The vendor is responsible to the vendee for any hidden faults or defects in the thing sold, even though he was not aware thereof. Estoppel may in pais or by deed. (1553), SECTION 2Rights and Obligations of the Lessor and the Lessee. To the net value of the hereditary estate, shall be added the value of all donations by the testator that are subject to collation, at the time he made them. If the witnesses attesting the execution of a will are competent at the time of attesting, their becoming subsequently incompetent shall not prevent the allowance of the will. (344a), Article 425. Article 1876. (1035a), Article 1062. Article 2206. The following actions must be filed within one year: Article 1148. (122), Article 273. Any other charge, perpetual or temporary, with which the thing bequeathed is burdened, passes with it to the legatee or devisee. (b) Though he had not so extended credit, had nevertheless known of the partnership prior to dissolution, and, having no knowledge or notice of dissolution, the fact of dissolution had not been advertised in a newspaper of general circulation in the place (or in each place if more than one) at which the partnership business was regularly carried on. (657a), Article 779. (n), Article 813. Parental authority shall, in such case, be exercised as if the child were their own by nature. The vendor in bad faith shall always be answerable for the payment of all expenses, and for damages. 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. No marriage license or formal requisites shall be necessary. There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. Nevertheless, should he discover that the thing has been stolen and who its true owner is, he must advise the latter of the deposit. (n), Article 1917. The choice shall produce no effect except from the time it has been communicated. Notwithstanding the provisions of the preceding article, a daughter above twenty-one but below twenty-three years of age cannot leave the parental home without the consent of the father or mother in whose company she lives, except to become a wife, or when she exercises a profession or calling, or when the father or mother has contracted a subsequent marriage. Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article. The vendor is not bound to deliver the thing sold in case the vendee should lose the right to make use of the terms as provided in article 1198. Proximity of relationship is determined by the number of generations. Allowance and Disallowance of Wills. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth. 1 and 2 of this article, with the consent of the retired partners or the representative of the deceased partner, but without any assignment of his right in partnership property; (4) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership; (5) When any partner wrongfully causes a dissolution and the remaining partners continue the business under the provisions of article 1837, second paragraph, No. The dispositions of the testator declaring all or part of the estate inalienable for more than twenty years are void. A person may be a general partner and a limited partner in the same partnership at the same time, provided that this fact shall be stated in the certificate provided for in article 1844. 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. (849), Article 917. (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform. Barring any impediments, legal or otherwise, the Civil Code of the Philippines implements the division of the estate in the following manner: For computation purposes only, find out the value of half of the deceased person's estate. (115), Article 266. When the law sets, or authorizes the setting of a minimum wage for laborers, and a contract is agreed upon by which a laborer accepts a lower wage, he shall be entitled to recover the deficiency. In order to impose an easement on an undivided tenement, or piece of land, the consent of all the co-owners shall be required. Article 1560. Real actions over immovables prescribe after thirty years. 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. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. Article 2052. (n). Article 1833. Article 234. Where necessaries are those sold and delivered to a minor or other person without capacity to act, he must pay a reasonable price therefor. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. The donation of a movable may be made orally or in writing. A deposit its extinguished: (1) Upon the loss or destruction of the thing deposited; (2) In case of a gratuitous deposit, upon the death of either the depositor or the depositary. (112). Where one of the parties to an illegal contract is incapable of giving consent, the courts may, if the interest of justice so demands allow recovery of money or property delivered by the incapacitated person. (985), Article 1022. In testamentary succession, when the right of accretion does not take place, the vacant portion of the instituted heirs, if no substitute has been designated, shall pass to the legal heirs of the testator, who shall receive it with the same charges and obligations. If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt. (1) There is a change in the name of the partnership or in the amount or character of the contribution of any limited partner; (2) A person is substituted as a limited partner; (3) An additional limited partner is admitted; (4) A person is admitted as a general partner; (5) A general partner retires, dies, becomes insolvent or insane, or is sentenced to civil interdiction and the business is continued under article 1860; (6) There is a change in the character of the business of the partnership; (7) There is a false or erroneous statement in the certificate; (8) There is a change in the time as stated in the certificate for the dissolution of the partnership or for the return of a contribution; (9) A time is fixed for the dissolution of the partnership, or the return of a contribution, no time having been specified in the certificate, or. (1809a), Article 2029. (1170), Article 1250. Nevertheless, if by reason of the place originally assigned, or of the manner established for the use of the easement, the same should become very inconvenient to the owner of the servient estate, or should prevent him from making any important works, repairs or improvements thereon, it may be changed at his expense, provided he offers another place or manner equally convenient and in such a way that no injury is caused thereby to the owner of the dominant estate or to those who may have a right to the use of the easement. Neither shall there be any partition when it is prohibited by law. The thing itself may be divided, or its value. (1772a), Article 1986. A universal partnership of profits comprises all that the partners may acquire by their industry or work during the existence of the partnership. (1682), Article 1789. The donation shall be inofficious in all that it may exceed this limitation. (778), Article 861. A stipulation whereby exemplary damages are renounced in advance shall be null and void. In no case shall the donee be responsible for the debts exceeding the value of the property donated, unless a contrary intention clearly appears. The contributions of a limited partner may be cash or property, but not services. (1385a), Article 139. A solidary creditor cannot assign his rights without the consent of the others. If part delivery of the goods has been made to the buyer, or his agent in that behalf, the remainder of the goods may be stopped in transitu, unless such part delivery has been under such circumstances as to show an agreement with the buyer to give up possession of the whole of the goods. An admission or representation made by any partner concerning partnership affairs within the scope of his authority in accordance with this Title is evidence against the partnership. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same. 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. Private or secret orders and instructions of the principal do not prejudice third persons who have relied upon the power of attorney or instructions shown them. Article 1138. (2) A certified copy of the order of the court in accordance with the provisions of the fourth paragraph; (3) After the certificate is duly amended in accordance with this article, the amended certified shall thereafter be for all purposes the certificate provided for in this Chapter. Damages in cases comprised in this Section shall be awarded in accordance with Title XVIII of this Book, concerning Damages. (196a), Article 395. Article 353. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. Ratification may be effected by the guardian of the incapacitated person. If two or more things are pledged, the pledgee may choose which he will cause to be sold, unless there is a stipulation to the contrary. All matters concerning easements established for public or communal use shall be governed by the special laws and regulations relating thereto, and, in the absence thereof, by the provisions of this Title. If the period for household service is fixed neither the head of the family nor the house helper may terminate the contract before the expiration of the term, except for a just cause. In settling accounts between the partners after dissolution, the following rules shall be observed, subject to any agreement to the contrary: (b) The contributions of the partners necessary for the payment of all the liabilities specified in No. A compromise between the creditor and the principal debtor benefits the guarantor but does not prejudice him. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage shall be rendered void and without effect whatever, if the marriage should not take place. Should the vendee lose, by reason of the eviction, a part of the thing sold of such importance, in relation to the whole, that he would not have bought it without said part, he may demand the rescission of the contract; but with the obligation to return the thing without other encumbrances that those which it had when he acquired it. CHAPTER 2 > NATURAL PERSONS. 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civil code of the philippines property 2021