Every civil action or proceeding shall be suspended: (1) If willingness to discuss a possible compromise is expressed by one or both parties; or. The donation of a movable may be made orally or in writing. In the foregoing cases, if the movables to which the lien or preference attaches have been wrongfully taken, the creditor may demand them from any possessor, within thirty days from the unlawful seizure. (n). 1951. Art. If during the lease it should become necessary to make some urgent repairs upon the thing leased, which cannot be deferred until the termination of the lease, the lessee is obliged to tolerate the work, although it may be very annoying to him, and although during the same, he may be deprived of a part of the premises. Art. The funeral shall be in accordance with the expressed wishes of the deceased. (1560a), Art. 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. In the determination of the interest, if it is payable in kind, its value shall be appraised at the current price of the products or goods at the time and place of payment. (2) When the date specified in the certificate for its return has arrived, or. 1452. (638a), Art. 1021. (1512), Art. Art. 1981. (1877), Art. 1082. (437), Art. (1470a), Art. If the agent has been empowered to borrow money, he may himself be the lender at the current rate of interest. The provisions for quasi-contracts in this Chapter do not exclude other quasi-contracts which may come within the purview of the preceding article. When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate heirs, after the settlement of the debts of the deceased, pays a legacy in compliance with a clause in the defective will, the payment is effective and irrevocable. (1590a). (n), 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. The partner who has been appointed manager in the articles of partnership may execute all acts of administration despite the opposition of his partners, unless he should act in bad faith; and his power is irrevocable without just or lawful cause. (2) When the officious manager withdraws from the management, subject to the provisions of Article 2144; (3) By the death, civil interdiction, insanity or insolvency of the owner or the officious manager. 167. 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. 741. 692. No particular words are required for the creation of an express trust, it being sufficient that a trust is clearly intended. 1949. For persons under guardianship and for absentees, the period of four years shall not begin until the termination of the former's incapacity, or until the domicile of the latter is known. Art. 2112. 1374. (1540a), Art. Art. Art. The excess, should there be any, shall in no case pertain to the renouncer, but shall be adjudicated to the persons to whom, in accordance with the rules established in this Code, it may belong. (1485), Art. Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey a less interest. (n). (n) The right, if given, of a limited partner to demand and receive property other than cash in return for his contribution. 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. The depositary holding certificates, bonds, securities or instruments which earn interest shall be bound to collect the latter when it becomes due, and to take such steps as may be necessary in order that the securities may preserve their value and the rights corresponding to them according to law. 2174. When any trustee, guardian or other person holding a fiduciary relationship uses trust funds for the purchase of property and causes the conveyance to be made to him or to a third person, a trust is established by operation of law in favor of the person to whom the funds belong. (1850), Art. 2046. (n), Art. If there is no stipulation as specified in the first paragraph of article 1523, when the buyer's refusal to accept the goods is without just cause, the title thereto passes to him from the moment they are placed at his disposal. The person obliged to give support may, at his option, fulfill his obligation either by paying the allowance fixed, or by receiving and maintaining in his house the person who has a right to receive support. (1143), Art. 1580. When there are two or more depositors, if they are not solidary, and the thing admits of division, each one cannot demand more than his share. (1762), Art. Easements of the right of way for the passage of livestock known as animal path, animal trail or any other, and those for watering places, resting places and animal folds, shall be governed by the ordinances and regulations relating thereto, and, in the absence thereof, by the usages and customs of the place. 1956. 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. In either case they shall be distributed as civil fruits, and shall be applied in the manner prescribed in the preceding article. (1575), Art. 885. The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place. Should he fail to do so, the sale shall be deemed to have been made for cash insofar as the principal is concerned. (n). (653). 2003. 1748. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. 2049. Art. He cannot complain of the reasonable requirements of aerial navigation. (1529). 291. 1483. However, the vendor may still exercise the right to repurchase within thirty days from the time final judgment was rendered in a civil action on the basis that the contract was a true sale with right to repurchase. 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. Two or more persons desiring to form a limited partnership shall: (c) The location of the principal place of business; (d) The name and place of residence of each member, general and limited partners being respectively designated; (e) The term for which the partnership is to exist; (f) The amount of cash and a description of and the agreed value of the other property contributed by each limited partner; (g) The additional contributions, if any, to be made by each limited partner and the times at which or events on the happening of which they shall be made; (h) The time, if agreed upon, when the contribution of each limited partner is to be returned; (i) The share of the profits or the other compensation by way of income which each limited partner shall receive by reason of his contribution; (j) The right, if given, of a limited partner to substitute an assignee as contributor in his place, and the terms and conditions of the substitution; (k) The right, if given, of the partners to admit additional limited partners; (l) The right, if given, of one or more of the limited partners to priority over other limited partners, as to contributions or as to compensation by way of income, and the nature of such priority; (m) The right, if given, of the remaining general partner or partners to continue the business on the death, retirement, civil interdiction, insanity or insolvency of a general partner; and. (350a). Art. (1717), He must also finish the business already begun on the death of the principal, should delay entail any danger. (n), The power shall continue to be in full force until the notice is rescinded in the same manner in which it was given. (1307a). Art. All earnings from any profession, business or industry shall likewise belong to each spouse. Attorney's fees and expenses incurred in the litigation shall be charged to the conjugal partnership property, unless the action fails. 1342. Art. Art. 32. (1129a), The creditor cannot be compelled to receive part of one and part of the other undertaking. 1445. (314), Art. If the pledge earns or produces fruits, income, dividends, or interests, the creditor shall compensate what he receives with those which are owing him; but if none are owing him, or insofar as the amount may exceed that which is due, he shall apply it to the principal. With the consent of the pledgee, the thing pledged may be alienated by the pledgor or owner, subject to the pledge. It is not essential to the validity of a resale that notice of the time and place of such resale should be given by the seller to the original buyer. 1774. Things acquired by occupation, such as fishing and hunting, pertain to the conjugal partnership of gains. 2227. 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. (1151a), The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. Payment made in good faith to any person in possession of the credit shall release the debtor. Art. The wife may also by express authority of the husband appearing in a public instrument, administer the latter's estate. Art. (3) By the condonation or remission of the debt; (4) By the confusion or merger of the rights of creditor and debtor; Art. Art. When the property of the child is worth more than two thousand pesos, the father or mother shall be considered a guardian of the child's property, subject to the duties and obligations of guardians under the Rules of Court. Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and the debtor, unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other. 1368. (1203), Art. Art. (n), Art. 576. (n), Art. If the repairs last more than forty days the rent shall be reduced in proportion to the time - including the first forty days - and the part of the property of which the lessee has been deprived. In any other case wherein said provisions are not applicable, the placing of the titles of ownership in the possession of the vendee or the use by the vendee of his rights, with the vendor's consent, shall be understood as a delivery. Those who put their labor upon or furnish materials for a piece of work undertaken by the contractor have an action against the owner up to the amount owing from the latter to the contractor at the time the claim is made. 544. The determination shall not be obligatory if it is evidently inequitable. Art. (n). 1337. Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to receive it. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. 1715. The contractor is responsible for the work done by persons employed by him. (n). If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered. He can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings, unless an easement of light has been acquired. (151), Art. 1442. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. (38a), Art. 1762. 2179. When a credit or other incorporeal right in litigation is sold, the debtor shall have a right to extinguish it by reimbursing the assignee for the price the latter paid therefor, the judicial costs incurred by him, and the interest on the price from the day on which the same was paid. 1298. Art. 1719. The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. (1299). 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. When there are two or more depositors, if they are not solidary, and the thing admits of division, each one cannot demand more than his share. Art. This rule shall be applicable when only one of the parties is guilty; but the innocent one may claim what he has given, and shall not be bound to comply with his promise. One who sells for a lump sum the whole of certain rights, rents, or products, shall comply by answering for the legitimacy of the whole in general; but he shall not be obliged to warrant each of the various parts of which it may be composed, except in the case of eviction from the whole or the part of greater value. 11. The license shall be issued after the completion of the publication, unless the local civil registrar receives information upon any alleged impediment to the marriage. 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. Art. 1037. 2173. 1184. (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury; (2) For injury to the plaintiff's business standing or commercial credit. 2130. (n), Art. The substitution of the assignee as a limited partner does not release the assignor from liability to the partnership under Articles 1847 and 1848. In the sale of animals with redhibitory defects, the vendee shall also enjoy the right mentioned in article 1567; but he must make use thereof within the same period which has been fixed for the exercise of the redhibitory action. When a person gives to another a thing or right on account of the latter's merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt, or when the gift imposes upon the donee a burden which is less than the value of the thing given, there is also a donation. 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. (1494a). (n), Art. 1029. 1796. (1141a), Art. (1769a), Art. (2) Arrears or income due, during the marriage, from obligations which constitute a charge upon property of either spouse or of the partnership; (3) Minor repairs or for mere preservation made during the marriage upon the separate property of either the husband or the wife; major repairs shall not be charged to the partnership; (4) Major or minor repairs upon the conjugal partnership property; (5) The maintenance of the family and the education of the children of both husband and wife, and of legitimate children of one of the spouses; (6) Expenses to permit the spouses to complete a professional, vocational or other course. Art. 1864. If, in the execution of the work, an act of the employer is required, and he incurs in delay or fails to perform the act, the contractor is entitled to a reasonable compensation. 2214. Whoever acquires in bad faith the things alienated in fraud of creditors, shall indemnify the latter for damages suffered by them on account of the alienation, whenever, due to any cause, it should be impossible for him to return them. If he was not aware of them, he shall only return the price and interest thereon, and reimburse the expenses of the contract which the vendee might have paid. The incidents of this co-ownership are such that: (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. (1183a), Art. 1071. (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. A document of title in which it is stated that the goods referred to therein will be delivered to the bearer, or to the order of any person named in such document is a negotiable document of title. The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible. 1049. (565), Art. 2090. Contextual translation of "article 1147 civil code explantion" into Tagalog. 1673. (928a), Art. 1034. (n). The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third persons by reason of the loss. (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. 1277. (n), Art. 1456. 1522. Art. No limited partner shall in respect to any such claim: (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. The certificate shall be cancelled when the partnership is dissolved or all limited partners cease to be such. The vendor who recovers the thing sold shall receive it free from all charges or mortgages constituted by the vendee, but he shall respect the leases which the latter may have executed in good faith, and in accordance with the custom of the place where the land is situated. 1774. In the absence of the titles indicated in the preceding article, the filiation shall be proved by the continuous possession of status of a legitimate child. An agreement limiting the common carrier's liability for delay on account of strikes or riots is valid. Art. 1386. An agent shall not carry out an agency if its execution would manifestly result in loss or damage to the principal. (131a), Art. 747. (1768a). (Rule 2a). 1592. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother. 901. 2145. 1283. The court shall take measures to enforce this provision. No annuity shall be claimed without first proving the existence of the person upon whose life the annuity is constituted. Should such person or persons be unable or unwilling to fix it, the contract shall be inefficacious, unless the parties subsequently agree upon the price. 1066. (932), Art. (1971). In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. The principal must advance to the agent, should the latter so request, the sums necessary for the execution of the agency. (n), Art. The appointment of a new agent for the same business or transaction revokes the previous agency from the day on which notice thereof was given to the former agent, without prejudice to the provisions of the two preceding articles. (1186), One and the other kind shall be subject to the rules which govern inofficious donations. Administer the conjugal partnership property renunciation results from acts or omissions which are the. Not open, shall be held in the cases referred to in.... Stipulation whereby exemplary damages may be acquired only by judicial authorization to accrue and... Of succeeding the decedent party had an opportunity to know the facts, are not,! The secret of the absolute conjugal community of property the result of a will who alleges bad faith on subject. To children shall be executed as in the order named article 1621 civil code philippines acts of his will the contrary prescription by character. 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