(1152a), Art. (1712), Art. 2257. The substituted limited partner has all the rights and powers, and is subject to all the restrictions and liabilities of his assignor, except those liabilities of which he was ignorant at the time he became a limited partner and which could not be ascertained from the certificate. There is an implied trust when property is sold, and the legal estate is granted to one party but the price is paid by another for the purpose of having the beneficial interest of the property. (1186), One and the other kind shall be subject to the rules which govern inofficious donations. 1454. 1209. The laborer's wages shall be a lien on the goods manufactured or the work done. 1311. (1) "Document of title to goods" includes any bill of lading, dock warrant, "quedan," or warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by endorsement or by delivery, goods represented by such document. Where the parties purport a sale of specific goods, and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in character, the buyer may at his option treat the sale: (2) As valid in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the agreed price for the goods in which the ownership will pass, if the sale was divisible. (1123). Art. 1389. House helper shall not be required to work more than ten hours a day. Art. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a new contract between the parties. A creditor, to whom partial payment has been made, may exercise his right for the remainder, and he shall be preferred to the person who has been subrogated in his place in virtue of the partial payment of the same credit. When during a fire, flood, storm, or other calamity, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation. (n), Art. (n), Art. (1205a), Art. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence. The contract of pledge or mortgage may secure all kinds of obligations, be they pure or subject to a suspensive or resolutory condition. (b) Those owing to partners other than for capital and profits. Art. (1801a). Art. A document of title which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. (n). (1827a), Art. When the employee's lack of due care contributed to his death or injury, the compensation shall be equitably reduced. (1178), Art. If besides his services he has contributed capital, he shall also receive a share in the profits in proportion to his capital. However, no lease for more than ninety-nine years shall be valid. The bailor who, knowing the flaws of the thing loaned, does not advise the bailee of the same, shall be liable to the latter for the damages which he may suffer by reason thereof. 2151. (1119). (1213), Art. 1336. (1282), Art. When through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting the instrument or of the clerk or typist, the instrument does not express the true intention of the parties, the courts may order that the instrument be reformed. 1801. The right referred to in Article 1601, in the absence of an express agreement, shall last four years from the date of the contract. 1988. (1147a), Art. 1312. Where the buyer is entitled to rescind the sale and elects to do so, he shall cease to be liable for the price upon returning or offering to return the goods. Art. (1) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; (2) Those that do not comply with the Statute of Frauds as set forth in this number. If the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event. (n), Art. (n). Nevertheless, when the obligation imposes reciprocal prestations upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. (1262a), Art. Art. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. 2222. (n). 1354. (n). In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated. 1876. 1690. (n), Art. If several persons, jointly and in the same contract, should sell an undivided immovable with a right of repurchase, none of them may exercise this right for more than his respective share. (1505). Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as the court may deem just. Code which provides that “if property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes.” [Armamento v. (1148a), Art. (1202a). 1880. (n), Art. The principles upon which the preceding transitional provisions are based shall, by analogy, be applied to cases not specifically regulated by them. Art. 2087. (n), Art. 1682. A person desiring the cancellation or amendment of a certificate, if any person designated in the first and second paragraphs as a person who must execute the writing refuses to do so, may petition the court to order a cancellation or amendment thereof. 2109. 1726. 1870. 2101. 1836. (1298a). Art. In addition to the requisites stated in Article 2085, it is indispensable, in order that a mortgage may be validly constituted, that the document in which it appears be recorded in the Registry of Property. (1740a), Art. Art. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. If property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes.” The same rule applies to any amount he may have taken from the partnership coffers, and his liability shall begin from the time he converted the amount to his own use. 2098. 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. 1793. (n), Art. Payment made by one of the solidary debtors extinguishes the obligation. If he voluntarily constitutes himself a depositary thereof, he shall be liable as such. Estoppel is effective only as between the parties thereto or their successors in interest. Any stipulation between the hotel-keeper and the guest whereby the responsibility of the former as set forth in articles 1998 to 2001 is suppressed or diminished shall be void. The decision or attachment need not refer to the property alienated, and need not have been obtained by the party seeking the rescission. 1515. (n), Art. (1872a). Does the law allow a waiver of parental authority? (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. 2126. The provisions of Articles 1733 to 1753 shall apply to the passenger's baggage which is not in his personal custody or in that of his employee. (1122). 1790. (1133), Art. 1520. Art. (n), Art. (1865a), Art. http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/182177.html. If the payment is made before the debt is due, no interest for the intervening period may be demanded. The actions arising from Articles 1539 and 1542 shall prescribe in six months, counted from the day of delivery. Rules governing damages laid down in other laws shall be observed insofar as they are not in conflict with this Code. Art. Even though the owner did not derive any benefit and there has been no imminent and manifest danger to the property or business, the owner is liable as under the first paragraph of the preceding article, provided: (1) The officious manager has acted in good faith, and, (2) The property or business is intact, ready to be returned to the owner. (4) Acts or omissions punished by law; and, Art. When without the knowledge or against the will of the debtor, a third person pays a debt which the obligor is not legally bound to pay because the action thereon has prescribed, but the debtor later voluntarily reimburses the third person, the obligor cannot recover what he has paid. He shall not, however, cause any more impairment upon the property leased than is necessary. 1605. 2194. 1245. Without prejudice to his obligation toward the sublessor, the sublessee is bound to the lessor for all acts which refer to the use and preservation of the thing leased in the manner stipulated between the lessor and the lessee. The former comprises all the business of the principal. Art. A guaranty is gratuitous, unless there is a stipulation to the contrary. (1688a). The former laws shall regulate acts and contracts with a condition or period, which were executed or entered into before the effectivity of this Code, even though the condition or period may still be pending at the time this body of laws goes into effect. (n), Art. (1108). The defense of illegality of contract is not available to third persons whose interests are not directly affected. 1835. 1643. The former is the trustee, while the latter is the beneficiary. The capitalist partners cannot engage for their own account in any operation which is of the kind of business in which the partnership is engaged, unless there is a stipulation to the contrary. var d=new Date(); (1692a), Art. What can single mothers do to demand child support from the father? Any stipulation against the liability laid down in the preceding article shall be void, except as among the partners. (1783), Art. 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. Art. 1859. 1881. 1448. (1829a). 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. (1557a). The vendor shall not be bound to deliver the thing sold, if the vendee has not paid him the price, or if no period for the payment has been fixed in the contract. (1134), Art. Implied trusts are those which, without being expressed, are deducible from the nature of the transaction by operation of law as matters of equity, independently of the particular intention of the parties. (1494a). 2003. The guarantor may set up against the creditor all the defenses which pertain to the principal debtor and are inherent in the debt; but not those that are personal to the debtor. 1296. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. 1562. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. Implied trusts come into being by operation of law. Whether it is for the buyer to take possession of the goods or of the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Any stipulation to the contrary is null and void. If nothing has been stipulated concerning the place and the time for the payment of the lease, the provisions or Article 1251 shall be observed as regards the place; and with respect to the time, the custom of the place shall be followed. Ratification extinguishes the action to annul a voidable contract. 2232. (1266a), Art. If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. 1341. Art. Art. 2130. Art. Art. (n), Art. (1171a), If the debtor accepts from the creditor a receipt in which an application of the payment is made, the former cannot complain of the same, unless there is a cause for invalidating the contract. The bailor cannot exempt himself from the payment of expenses or damages by abandoning the thing to the bailee. (1115). Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. 1991. 1651. 3. Art. (n). 2116. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. No trust shall fail because the trustee appointed declines the designation, unless the contrary should appear in the instrument constituting the trust. (n). (1845), Art. If there are two or more credits with respect to the same specific real property or real rights, they shall be satisfied pro rata, after the payment of the taxes and assessments upon the immovable property or real right. If the debt was for a period and the guarantor paid it before it became due, he cannot demand reimbursement of the debtor until the expiration of the period unless the payment has been ratified by the debtor. 1963. (1852), Art. (1673). 1361. The debtor who, before having knowledge of the assignment, pays his creditor shall be released from the obligation. (n). Every lease of real estate may be recorded in the Registry of Property. 1712. 1706. 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. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code. 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. 1214. 58), applications filed by a foreign corporations for a license to transact business in the Philippines (RCC, Sec. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of article 1165. 1888. Art. Two or more persons desiring to form a limited partnership shall: (1) Sign and swear to a certificate, which shall state -. This action can only be exercised with respect to faults and defects which are determined by law or by local customs. The implied term of trust and confidence is pretty close the idea that employers and employees should treat each other reasonably. When it is absolutely impossible to settle doubts by the rules established in the preceding articles, and the doubts refer to incidental circumstances of a gratuitous contract, the least transmission of rights and interests shall prevail. Art. 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. The sums spent for the purposes stated in this article shall be deducted from the fruits. Art. (n). (b) The contributions of the partners necessary for the payment of all the liabilities specified in No. Merger which takes place in the person of the principal debtor or creditor benefits the guarantors. Art. This provision shall not apply if the contrary has been stipulated, and the vendor was not aware of the hidden faults or defects in the thing sold. The law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss, destruction or deterioration. (1466). Art. 1543. Art. These credits shall have preference among themselves in the order of priority of the dates of the instruments and of the judgments, respectively. That which is entered into between the guarantor and the creditor benefits but does not prejudice the principal debtor. 2026. Movable as well as immovable property may be the object of sequestration. Art. When the nullity proceeds from the illegality of the cause or object of the contract, and the act constitutes a criminal offense, both parties being in pari delicto, they shall have no action against each other, and both shall be prosecuted. 1364. Compensation for workmen and other employees in case of death, injury or illness is regulated by special laws. (n). 1670. (n), Art. Art. The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. 1187. Actions and rights which came into being but were not exercised before the effectivity of this Code, shall remain in full force in conformity with the old legislation; but their exercise, duration and the procedure to enforce them shall be regulated by this Code and by the Rules of Court. 1691. A conditional obligation may also be secured. The obligation of a person who borrows money shall be governed by the provisions of Articles 1249 and 1250 of this Code. The guarantor, even before having paid, may proceed against the principal debtor: (2) In case of insolvency of the principal debtor; (3) When the debtor has bound himself to relieve him from the guaranty within a specified period, and this period has expired; (4) When the debt has become demandable, by reason of the expiration of the period for payment; (5) After the lapse of ten years, when the principal obligation has no fixed period for its maturity, unless it be of such nature that it cannot be extinguished except within a period longer than ten years; (6) If there are reasonable grounds to fear that the principal debtor intends to abscond; (7) If the principal debtor is in imminent danger of becoming insolvent. Art. In a contract of sale, unless a contrary intention appears, there is: (1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the ownership is to pass, and that the buyer shall from that time have and enjoy the legal and peaceful possession of the thing; (2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the buyer. What is a reasonable hour is a question of fact. 2240. The same rule applies when the nature of the obligation requires the assumption of risk. A negotiable document of title may be negotiated: (2) By any person to whom the possession or custody of the document has been entrusted by the owner, if, by the terms of the document the bailee issuing the document undertakes to deliver the goods to the order of the person to whom the possession or custody of the document has been entrusted, or if at the time of such entrusting the document is in such form that it may be negotiated by delivery. 1662. In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Article 1189 shall be observed. The loser in any game which is not one of chance, when there is no local ordinance which prohibits betting therein, is under obligation to pay his loss, unless the amount thereof is excessive under the circumstances. Does the Use of father’s surname grant legitimacy to child? 2258. Art. 2051. 1488. (1531), Art. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. Art. In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as prescribed in Articles 1733 and 1755. 1365. If the agent dies, his heirs must notify the principal thereof, and in the meantime adopt such measures as the circumstances may demand in the interest of the latter. Art. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. 1406. (n). 3 pages) Ask a question Glossary Implied trust. (1153a), Art. The provisions of Articles 1172 to 1174 are also applicable to a quasi-delict. An implied trust may be proved by oral evidence. There is a mere act of trespass when the third person claims no right whatever. 2196. (n), Art. In any other case the place of payment shall be the domicile of the debtor. The vendee shall, on his part, reimburse the vendor for all that the latter may have paid for the debts of and charges on the estate and satisfy the credits he may have against the same, unless there is an agreement to the contrary. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following instances: (1) That the plaintiff himself has contravened the terms of the contract; (2) That the plaintiff has derived some benefit as a result of the contract; (3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel; (4) That the loss would have resulted in any event; (5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury. 1620. 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. The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation. Art. The designation of losses and profits cannot be intrusted to one of the partners. 2193. If there are two or more alienations, the first acquirer shall be liable first, and so on successively. Art. (1269), Art. Art. Unless there is a stipulation to the contrary, the pledge shall extend to the interest and earnings of the right pledged. The sale of the thing pledged shall extinguish the principal obligation, whether or not the proceeds of the sale are equal to the amount of the principal obligation, interest and expenses in a proper case. 2065. 356-A has not yet prescribed. Neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property, unless there is an express warranty that the thing is free from all burdens and encumbrances. Nevertheless, should he discover that the thing has been stolen and who its true owner is, he must advise the latter of the deposit. 1435. 2084. Where there is no formal Trust Deed, the arrangement between the parties are such that an implied trust … 1736. Ratification may be effected expressly or tacitly. (1810a), Art. Article 1868 of the Civil Code states that by the contract of agency, a person (agent) binds himself to render some service or to do something in representation or on behalf of another … 2045. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. Damages other than the value of the last thing or service may also be awarded. He shall also be bound for warranty in case of eviction with regard to specific and determinate things which he may have contributed to the partnership, in the same cases and in the same manner as the vendor is bound with respect to the vendee. 1639. When dissolution is caused in any way, except in contravention of the partnership agreement, each partner, as against his co-partners and all persons claiming through them in respect of their interests in the partnership, unless otherwise agreed, may have the partnership property applied to discharge its liabilities, and the surplus applied to pay in cash the net amount owing to the respective partners. 14), voting trust agreements (RCC, Sec. Change ). (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. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised. 1583. Art. The preceding articles of this Subsection shall be applicable to judicial sales, except that the judgment debtor shall not be liable for damages. The certificate shall be cancelled when the partnership is dissolved or all limited partners cease to be such. (n), Art. The benefit of excussion mentioned in Article 2058 shall always be unimpaired, even if judgment should be rendered against the principal debtor and the guarantor in case of appearance by the latter. Art. (1096), Art. 1890. 2155. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. 2050. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. (n). Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance. However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter. Art. Art. 1205. If the buyer makes use of this right, the lessee may demand that he be allowed to gather the fruits of the harvest which corresponds to the current agricultural year and that the vendor indemnify him for damages suffered. The depositary is responsible for the negligence of his employees. (1139), Art. (n), Art. Art. (n), Art. 1401. The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same. 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