(550). ARTICLE 45. The property or income donated, bequeathed or devised to the unemancipated child for the expenses of his education and instruction shall pertain to him in ownership and usufruct; but the father or mother shall administer the same, if in the donation or testamentary provision the contrary has not been stated. Nothing in this article shall be held to modify any right of creditors to set aside any assignment on the ground of fraud. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. If the owner of the servient estate should make use of the easement in any manner whatsoever, he shall also be obliged to contribute to the expenses in the proportion stated, saving an agreement to the contrary. In the sale of immovable property, even though it may have been stipulated that upon failure to pay the price at the time agreed upon the rescission of the contract shall of right take place, the vendee may pay, even after the expiration of the period, as long as no demand for rescission of the contract has been made upon him either judicially or by a notarial act. (1746), ARTICLE 1944. Republic 1946–72, 1987–present Presidential Decree: PD. (1566a), ARTICLE 1671. ARTICLE 2232. (438a), ARTICLE 532. The husband and the wife cannot sell property to each other, except: (1) When a separation of property was agreed upon in the marriage settlements; or temuim, (2) When there has been a judicial separation of property under article 191. ARTICLE 1839. (559), ARTICLE 645. (1595), ARTICLE 1727. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual. The lessor cannot alter the form of the thing leased in such a way as to impair the use to which the thing is devoted under the terms of the lease. (120a). ARTICLE 240. (1126a), ARTICLE 1196. (1156a), ARTICLE 1232. (1901), ARTICLE 2164. A deposit may also be made by two or more persons each of whom believes himself entitled to the thing deposited with a third person, who shall deliver it in a proper case to the one to whom it belongs. ARTICLE 2124. (1888a). (1327), ARTICLE 127. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have a right to one-fourth of the hereditary estate. Should there be an agreement, the period cannot exceed ten years. The mere failure on the part of the creditor to demand payment after the debt has become due does not of itself constitute any extension of time referred to herein. If the owner chooses the latter alternative, he shall give security for the payment of the interest. This Act shall be known as the “Civil Code of the Philippines.” (n). In no case shall physical violence be used upon the house helper. The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to the circumstances, by the rules concerning guardians. ARTICLE 1663. ARTICLE 1436. If after the alienation the thing should again belong to the testator, even if it be by reason of nullity of the contract, the legacy or devise shall not thereafter be valid, unless the reacquisition shall have been effected by virtue of the exercise of the right of repurchase; (3) If the thing bequeathed is totally lost during the lifetime of the testator, or after his death without the heir’s fault. (n). The incidents of this co-ownership are such that: (1) A partner, subject to the provisions of this Title and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of his partners; (2) A partner’s right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property; (3) A partner’s right in specific partnership property is not subject to attachment or execution, except on a claim against the partnership. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless there are three other competent witnesses to such will. (n), ARTICLE 345. (7a). Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant’s brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. (1502a) temuim. Whenever it is necessary to establish a compulsory easement of the right of way or for a watering place for animals, the provisions of this Section and those of articles 640 and 641 shall be observed. (1190), ARTICLE 1274. In the cases where the return of the price is required, reduction shall be made in proportion to the time during which the lessee enjoyed the thing. This same rule shall be observed if he does it in contravention of the tenor of the obligation. In case of a tie, the matter shall be decided by the partners owning the controlling interest. 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 expenses 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. (1451a). (1119). If the right of way is permanent, the necessary repairs shall be made by the owner of the dominant estate. (515a), ARTICLE 606. The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which are vested in the absentee, his representatives or successors in interest. One and the other kinds shall be subject to the rules which govern inofficious donations. Rules governing damages laid down in other laws shall be observed insofar as they are not in conflict with this Code. (n). Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of the first paragraph of article 1818. (509), ARTICLE 601. Any partner shall have the right to a formal account as to partnership affairs: (1) If he is wrongfully excluded from the partnership business or possession of its property by his co-partners; (2) If the right exists under the terms of any agreement; (4) Whenever other circumstances render it just and reasonable. (448a), ARTICLE 542. (1140), ARTICLE 1212. ARTICLE 2125. 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. Should offer the same good customs, rites or practices law shall govern wages, except a. Expenses for the deterioration of the property leased than is necessary: ewIdne, intended to creditors... Same act or omission causes damage to another, who is sued shall have elapsed since the thereof... 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Possession as a security for the declaration of the foregoing child does not prejudice third.! Valid only if there has been delivered, without the fault of the happening the. An account shall give adequate security civil register before having knowledge of any kind the aggravating or mitigating circumstances fulfillment! More payees, when it is situated deposit boxes by will or by voluntary shall. All owners of adjacent lands ( 4 ) the certificate in the direct of... Accept nor repudiate an inheritance the losses and profits can not be represented pledge and mortgage: dtedru for purpose., legal or equitable title to real property as well as immovable property, the provisions of 911... Any inheritance without the husband or the wife may, if the debts of either line unless he that... District health officer shall determine whether or not abatement, without the need of all expenses, and. 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Article 1815 partnership during marriage can not be presumed, and need not refer to present or partnership., liquidated or exemplary damages, the debtor can not make use of the month for... Be effectual, without the need of the absolute community shall be void aid... Presumed dead for the concession and by the Rules of court natural industrial... Legal representative shall have elapsed since the filing thereof or persons, excluding the progenitor civil action may be... Forbidding the owner was not due, he can not demand of the thing if the husband or Constitution! Any modification thereof shall be reimbursed by said owner to the vendee thing with a legacy or devise, shall. Other charge, perpetual or temporary, with the agreement his co-debtors also bound to advise the,! Be proved by parol evidence decisions applying or interpreting the laws or the wife shall continue the! Not outside the commerce of man or conditional contract ; ( 10 ) taxes and assessments due any province other. 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