A lessee or a bailee is estopped from asserting title to the thing leased or received, as against the lessor or bailor. Should he not make them when they are indispensable for the preservation of the thing, the usufructuary may make them; but he shall have a right to demand of the owner, at the termination of the usufruct, the increase in value which the immovable may have acquired by reason of the repairs. Art. The court shall endeavor to persuade the litigants in a civil case to agree upon some fair compromise. But the compromise may be annulled or rescinded if it refers only to one thing to which one of the parties has no right, as shown by the newly-discovered documents. If after a litigation has been decided by a final judgment, a compromise should be agreed upon, either or both parties being unaware of the existence of the final judgment, the compromise may be rescinded. Donations which are to take effect inter vivos shall be governed by the general provisions on contracts and obligations in all that is not determined in this Title. 1842. 1771. (884a). (n). (1418a), Art. In the absence of a statement concerning the condition of the thing at the time the lease was constituted, the law presumes that the lessee received it in good condition, unless there is proof to the contrary. 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. 245. Act 2710), Art. 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. 1987. 150. (1145a), Art. Should the part repudiated be the legitime, the other co-heirs shall succeed to it in their own right, and not by the right of accretion. Every owner may increase the height of the party wall, doing at his own expense and paying for any damage which may be caused by the work, even though such damage be temporary. These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third person. In case of a marriage on the point of death, when the dying party, being physically unable, cannot sign the instrument by signature or mark, it shall be sufficient for one of the witnesses to the marriage to sign in his name, which fact shall be attested by the minister solemnizing the marriage. Furthermore, it may be decreed that what has been poorly done be undone. Except when authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to: (2) Dispose of the good-will of the business; (3) Do any other act which would make it impossible to carry on the ordinary business of a partnership; (5) Enter into a compromise concerning a partnership claim or liability; (6) Submit a partnership claim or liability to arbitration; Art. However, support in arrears may be compensated and renounced, and the right to demand the same may be transmitted by onerous or gratuitous title. If the price of the alienation is grossly excessive, the redemptioner shall pay only a reasonable one. 2122. 979. The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner, but subject to the prior payment of his separate debts. 855. 449. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages. Any one who does not wish to contribute may exempt himself by renouncing the easement for the benefit of the others. Art. Movable or immovable property which each of the partners may possess at the time of the celebration of the contract shall continue to pertain exclusively to each, only the usufruct passing to the partnership. If a third party secures an obligation by pledging his own movable property under the provisions of Article 2085 he shall have the same rights as a guarantor under Articles 2066 to 2070, and Articles 2077 to 2081. 1336. 1304. 1667. Art. Art. (n). 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. (n), Art. The validity of the negotiation of a negotiable document of title is not impaired by the fact that the negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the document was deprived of the possession of the same by loss, theft, fraud, accident, mistake, duress, or conversion, if the person to whom the document was negotiated or a person to whom the document was subsequently negotiated paid value therefor in good faith without notice of the breach of duty, or loss, theft, fraud, accident, mistake, duress or conversion. Art. 1181. As to lands registered under the Land Registration Act, the provisions of that special law shall govern. 2188. Art. Art. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. Confusion which takes place in the person of any of the latter does not extinguish the obligation. Art. In alternative legacies or devises, the choice is presumed to be left to the heir upon whom the obligation to give the legacy or devise may be imposed, or the executor or administrator of the estate if no particular heir is so obliged. (928a), Art. If a person should have against him several debts which are susceptible of compensation, the rules on the application of payments shall apply to the order of the compensation. The heir who is bound to deliver the legacy or devise shall be liable in case of eviction, if the thing is indeterminate and is indicated only by its kind. (1285), Art. The debtor, in this case, shall have a right to the extinguishment of the pledge or mortgage as the portion of the debt for which each thing is specially answerable is satisfied. (1196), Art. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate: (2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless; (3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator; (4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant; (6) Maltreatment of the testator by word or deed, by the child or descendant; (7) When a child or descendant leads a dishonorable or disgraceful life; (8) Conviction of a crime which carries with it the penalty of civil interdiction. Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner or of any partner under legal disability. (n). The wife retains the ownership of the paraphernal property. It is also of the essence of these contracts that when the principal obligation becomes due, the things in which the pledge or mortgage consists may be alienated for the payment to the creditor. Alienations by onerous title are also presumed fraudulent when made by persons against whom some judgment has been issued. 1668. 998. Neither can he exercise the easement in any other manner than that previously established. Art. 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. However, the contracting parties may by stipulation capitalize the interest due and unpaid, which as added principal, shall earn new interest. (1512), Art. Art. 2014. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in Article 492. Trouvé à l'intérieur – Page 317Article 1539. Lorsque la femme séparée a laissé la jouissance de ses biens à son mari , celui - ci n'est tenu ... Article 1540. La dot , sous ce régime comme sous celui du chapitre II , est le bien que la femme apporte au mari pour ... (1897), Art. When the donation is revoked for any of the causes stated in Article 760, or by reason of ingratitude, or when it is reduced because it is inofficious, the donee shall not return the fruits except from the filing of the complaint. All movables which are within commerce may be pledged, provided they are susceptible of possession. (597a), Art. 1230. (n), Support also includes the education of the person entitled to be supported until he completes his education or training for some profession, trade or vocation, even beyond the age of majority. 1221. 1173. The partnership shall be responsible to every partner for the amounts he may have disbursed on behalf of the partnership and for the corresponding interest, from the time the expense are made; it shall also answer to each partner for the obligations he may have contracted in good faith in the interest of the partnership business, and for risks in consequence of its management. Donations made to strangers shall be charged to that part of the estate of which the testator could have disposed by his last will. (n). The legacy of a credit against a third person or of the remission or release of a debt of the legatee shall be effective only as regards that part of the credit or debt existing at the time of the death of the testator. In this case, indemnity for damages may be demanded from the person causing the loss. 1119. (1070a), Art. Art. Whenever the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. Art. Indemnities that must be paid by either spouse on account of a crime or of a quasi-delict shall be paid from the common assets, without any obligation to make reimbursement. The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. Art. An heir is a person called to the succession either by the provision of a will or by operation of law. Art. In these cases the heirs shall have a period of five years within which to institute the action. The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it. (927), Art. This provision shall not apply when the thing is judicially attached while in the depositary's possession, or should he have been notified of the opposition of a third person to the return or the removal of the thing deposited. The complaint for separation and the final judgment declaring the same, shall be noted and recorded in the proper registers of property, if the judgment should refer to immovable property. 1019. (2) Have on demand true and full information of all things affecting the partnership, and a formal account of partnership affairs whenever circumstances render it just and reasonable; and. 609. du code civil et 24 de la loi du 8 février 1995 relative à l'organisation des juridictions et de la procédure . 1883. (1205a), Art. (1596), Art. Nevertheless, the person obliged to pay the legacy or devise shall be liable for eviction if the thing bequeathed should not have been determinate as to its kind, in accordance with the provisions of Article 928.
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