(1163a), Article 1242. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. (610), Article 714. If the latter has paid them, the usufructuary shall pay him the proper interest on the sums which may have been paid in that character; and, if the said sums have been advanced by the usufructuary, he shall recover the amount thereof at the termination of the usufruct. The incapacity declared in article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. (1080a). (n), Article 1313. The debtor who has consented to the assignment of rights made by a creditor in favor of a third person, cannot set up against the assignee the compensation which would pertain to him against the assignor, unless the assignor was notified by the debtor at the time he gave his consent, that he reserved his right to the compensation. (1896a), Article 2160. (522a). (1873a). (1813). However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. (1154a). (n). A universal partnership may refer to all the present property or to all the profits. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travelers over a public or private road, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it shall be done at his expense by order of the administrative authorities. (n), Article 1298. With regard to the child's property, the Rules of Court on guardianship shall govern. (913a). (1882). Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. Each generation forms a degree. The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. (1526), Article 1626. The last paragraph of article 2085, and articles 2089 to 2091 are applicable to this contract. 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. A sub-surety in the same case, cannot demand the exhaustion of the property of the debtor or of the surety. The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. Parental authority cannot be renounced or transferred, except in cases of guardianship or adoption approved by the courts, or emancipation by concession. Article 2222. The indemnity shall include moral damages. The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. (490). Article 1810. A partition which includes a person believed to be an heir, but who is not, shall be void only with respect to such person. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. (1447a), Article 1470. — CLASSIFICATION OF PROPERTY Article 2199. For the purpose of ascertaining their amount, the fruits and interest of the property of the estate of the same kind and quality as that subject to collation shall be made the standard of assessment. (1715). Article 1112. (1145a), Article 1218. Article 1526. In these cases, the depositary must immediately inform the depositor of the attachment or opposition. Article 2252. Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Neither can it be compensated with what the recipient owes the obligor. If the servient estate is divided between two or more persons, the easement is not modified, and each of them must bear it on the part which corresponds to him. The family home may be established judicially or extrajudicially. The period of prescription for the acquisition of an easement of light and view shall be counted: (1) From the time of the opening of the window, if it is through a party wall; or, (2) From the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate. In the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with all the requirements of article 805. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. Nor does solidarity of itself imply indivisibility. In the preceding articles, sentimental value shall be duly appreciated. A tacit acceptance is one resulting from acts by which the intention to accept is necessarily implied, or which one would have no right to do except in the capacity of an heir. Article 22. (n), Article 1289. If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery. (1039), Article 1066. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should take place. The provisions of article 670 are not applicable to buildings separated by a public way or alley, which is not less than three meters wide, subject to special regulations and local ordinances. Even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable. By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. Article 148. (1397), Article 150. Article 1562. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable. An administrator of the absentee's property shall be appointed in accordance with article 383. (18a), Article 71. The action for annulment of marriage must be commenced by the parties and within the periods as follows: (1) For causes mentioned in number 1 of article 85, by the party whose parent or guardian did not give his or her consent, within four years after attaining the age of twenty or eighteen years, as the case may be; or by the parent or guardian or person having legal charge, at any time before such party has arrived at the age of twenty or eighteen years; (2) For causes mentioned in number 2 of article 85, by the spouse who has been absent, during his or her lifetime; or by either spouse of the subsequent marriage during the lifetime of the other; (3) For causes mentioned in number 3 of article 85, by the sane spouse, who had no knowledge of the other's insanity; or by any relative or guardian of the party of unsound mind, at any time before the death of either party; (4) For causes mentioned in number 4, by the injured party, within four years after the discovery of the fraud; (5) For causes mentioned in number 5, by the injured party, within four years from the time the force or intimidation ceased; (6) For causes mentioned in number 6, by the injured party, within eight years after the marriage. Featured on the World Wide Web by The Law Firm of Chan Robles & Associates - Philippines. (1859a). An agency cannot be revoked if a bilateral contract depends upon it, or if it is the means of fulfilling an obligation already contracted, or if a partner is appointed manager of a partnership in the contract of partnership and his removal from the management is unjustifiable. Notice of the revocation in a newspaper of general circulation is a sufficient warning to third persons. The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime; but the disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime. (n), Article 2156. (n). No marriage shall be solemnized unless all these requisites are complied with: (1) Legal capacity of the contracting parties; (3) Authority of the person performing the marriage; and. 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