Whenever earnest money is given in a contract of sale, it shall be considered as part of the price and as proof of the perfection of the contract. If the creditor voluntarily accepts immovable or other property in payment of the debt, even if he should afterwards lose the same through eviction, the guarantor is released. In case of non-appearance of the defendant, the court shall order the prosecuting attorney to inquire whether or not a collusion between the parties exists. In default thereof, the easement shall be governed by such provisions of this Title as are applicable thereto. (n), Article 810. In the preceding two paragraphs, if the subject matter is indivisible, the buyer may reject the whole of the goods. In the following cases an agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents: (a) An agreement that by its terms is not to be performed within a year from the making thereof; (b) A special promise to answer for the debt, default, or miscarriage of another; (c) An agreement made in consideration of marriage, other than a mutual promise to marry; (d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos, unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such things in action or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers and person on whose account the sale is made, it is a sufficient memorandum; (e) An agreement for the leasing for a longer period than one year, or for the sale of real property or of an interest therein; ( f ) A representation as to the credit of a third person. (1495). In such case, the courts may, if the public interest will thus be subserved, allow the party repudiating the contract to recover the money or property. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. Article 1792. (n), Article 1931. Article 1230. The provisions of article 2052 are applicable to a pledge or mortgage. Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. (1407), SECTION 4Charges Upon and Obligation of the Conjugal Partnership. If a dwelling place or any other building intended for human habitation is in such a condition that its use brings imminent and serious danger to life or health, the lessee may terminate the lease at once by notifying the lessor, even if at the time the contract was perfected the former knew of the dangerous condition or waived the right to rescind the lease on account of this condition. In case of ascendants, the paternal shall have a better right. (2) The legal interests thereon from the time the payment was made known to the debtor, even though it did not earn interest for the creditor; (3) The expenses incurred by the guarantor after having notified the debtor that payment had been demanded of him; Article 2067. (1261). She may purchase things necessary for the support of the family, and the conjugal partnership shall be bound thereby. The action already commenced by the child is transmitted upon his death to the heirs, if the proceeding has not yet lapsed. (n). (934a), Article 982. (n). A limited partner may receive from the partnership the share of the profits or the compensation by way of income stipulated for in the certificate; provided, that after such payment is made, whether from property of the partnership or that of a general partner, the partnership assets are in excess of all liabilities of the partnership except liabilities to limited partners on account of their contributions and to general partners. (1596), Article 1728. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (621), Article 733. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. (1594a). (1941), Article 1119. In the absence of regulations, such precautions shall be taken as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements. YOUR CART. (n), Article 2114. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. (470), Article 566. Article 1589. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty. Article 1615. (n). Article 934. (453a), Article 547. This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired. If the court finds that the actual value of the proposed family home does not exceed twenty thousand pesos, or thirty thousand pesos in chartered cities, and that no third person is prejudiced, the petition shall be approved. (1822a), Article 2048. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. The wife may exercise any profession or occupation or engage in business. Actions for breach of the contract of sale of goods shall be governed particularly by the provisions of this Chapter, and as to matters not specifically provided for herein, by other applicable provisions of this Title. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. (n), Article 1315. The passenger must observe the diligence of a good father of a family to avoid injury to himself. (1196), Article 1280. (362), Article 450. (n). Article 259. (n), Article 1994. (582a), Article 671. Article 1825. A partition made with preterition of any of the compulsory heirs shall not be rescinded, unless it be proved that there was bad faith or fraud on the part of the other persons interested; but the latter shall be proportionately obliged to pay to the person omitted the share which belongs to him. Betting on the result of sports, athletic competitions, or games of skill may be prohibited by local ordinances. Although the cause is not stated in the contract, it is presumed that it exists and is lawful, unless the debtor proves the contrary. The heirs to whom the inheritance accrues shall succeed to all the rights and obligations which the heir who renounced or could not receive it would have had. Article 1933. The possession of immovables and of real rights is not deemed lost, or transferred for purposes of prescription to the prejudice of third persons, except in accordance with the provisions of the Mortgage Law and the Land Registration laws. Article 2217. Article 679. A guaranty is not presumed; it must be express and cannot extend to more than what is stipulated therein. He is also bound to bear the expenses necessary for its preservation and repair. Article 1749. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession. Article 1755. In the second case, the rules on agency in Title X of this Book shall be applicable. The share of the spouse who is under civil interdiction or absent shall be administered in accordance with the Rules of Court. Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. When the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; (6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use; (8) The right to the equal protection of the laws; (9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposes not contrary to law; (13) The right to take part in a peaceable assembly to petition the Government for redress of grievances; (14) The right to be a free from involuntary servitude in any form; (15) The right of the accused against excessive bail; (16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and. The spouses shall state, in a public document, all the property which they return to the marriage and which shall constitute the separate property of each. (546a), Article 632. (1902a), Article 2177. (1763), Article 1969. Contracts validly agreed upon may be rescinded in the cases established by law. The penalty may be enforced only when it is demandable in accordance with the provisions of this Code. (1280a). 1; (12) Damages for death or personal injuries caused by a quasi-delict; (13) Gifts due to public and private institutions of charity or beneficence; (14) Credits which, without special privilege, appear in (a) a public instrument; or (b) in a final judgment, if they have been the subject of litigation. As to works made on the estate for the mere pleasure of the donee, no reimbursement is due him for them; he has, however, the right to remove them, if he can do so without injuring the estate. (882a), Article 949. Article 1013. The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent. If the person bound to give a bond in the cases of the preceding article, should not be able to do so, a pledge or mortgage considered sufficient to cover his obligation shall be admitted in lieu thereof. The vendee is bound to accept delivery and to pay the price of the thing sold at the time and place stipulated in the contract. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in article 492. The lessee is responsible for the deterioration or loss of the thing leased, unless he proves that it took place without his fault. If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property. (1420), Article 181. The Council for the Protection of Children shall look after the welfare of children in the municipality. The duties of the local civil registrar and of a judge or justice of the peace or mayor with regard to the celebration of marriage shall be performed by such consuls and vice-consuls. (626a), Article 742. A natural child may be recognized by the father and mother jointly, or by only one of them. This Code shall take effect one year after such publication. The owner of a piece of land on which there are defensive works to check waters, or on which, due to a change of their course, it may be necessary to reconstruct such works, shall be obliged, at his election, either to make the necessary repairs or construction himself, or to permit them to be done, without damage to him, by the owners of the lands which suffer or are clearly exposed to suffer injury. Should there be several dominant estates, the owners of all of them shall be obliged to contribute to the expenses referred to in the preceding article, in proportion to the benefits which each may derive from the work. (1142a). Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners. A negotiable document of title may be negotiated by the indorsement of the person to whose order the goods are by the terms of the document deliverable. The second heir shall acquire a right to the succession from the time of the testator's death, even though he should die before the fiduciary. Every disposition in favor of an unknown person shall be void, unless by some event or circumstance his identity becomes certain. (n), Article 1468. By future property is understood anything which the donor cannot dispose of at the time of the donation. Article 214. Actions prescribe by the mere lapse of time fixed by law. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest in degree. (162), Article 326. Article 2136. (33a). Contracts infringing the Statute of Frauds, referred to in No. (883a). Article 1984. (1782), Article 1998. No entry in a civil register shall be changed or corrected, without a judicial order. 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