The usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the security of which the mortgage was constituted. (1847), Article 2077. (1891a). One who has allowed another to assume apparent ownership of personal property for the purpose of making any transfer of it, cannot, if he received the sum for which a pledge has been constituted, set up his own title to defeat the pledge of the property, made by the other to a pledgee who received the same in good faith and for value. Nevertheless, the creditor may bring the actions which pertain to the owner of the thing pledged in order to recover it from, or defend it against a third person. If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be validated from the inception. The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be gathered, and that other can be ascertained. If the minor or insane person causing damage has no parents or guardian, the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. 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. (1427a), Article 187. (n), Article 1938. (1129a). If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control. Acceptance of the work by the employer relieves the contractor of liability for any defect in the work, unless: (1) The defect is hidden and the employer is not, by his special knowledge, expected to recognize the same; or, (2) The employer expressly reserves his rights against the contractor by reason of the defect. (n), Article 1507. Article 1074. Those suffered by real property shall not be reimbursable in any case, except those on paraphernal property administered by the husband, when the losses were due to his fault. Article 390. Before the advent of the internet, millions of people played the football pools every week in the United Kingdom. Ex. The liabilities of a limited partner as set forth in this article can be waived or compromised only by the consent of all members; but a waiver or compromise shall not affect the right of a creditor of a partnership who extended credit or whose claim arose after the filing and before a cancellation or amendment of the certificate, to enforce such liabilities. (1212a), Article 1304. (1118), Article 1186. The officious manager is personally liable for contracts which he has entered into with third persons, even though he acted in the name of the owner, and there shall be no right of action between the owner and third persons. (n). A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement. The right to hunt and to fish is regulated by special laws. (1862), Article 2093. Article 2235. Article 31. Hire the top business lawyers and save up to 60% on legal fees. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. Furthermore, it may be decreed that what has been poorly done be undone. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should have been negligent. (583), SECTION 7Intermediate Distances and Works for Certain Constructions and Plantings, Article 677. Aleatory. (1886a), Article 2140. Such notice may be given either to the person in actual possession of the goods or to his principal. Article 1844. The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. Article 221. The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to his wife within the first one hundred and twenty days of the three hundred which preceded the birth of the child. A person may be a general partner and a limited partner in the same partnership at the same time, provided that this fact shall be stated in the certificate provided for in article 1844. A minor who may not contract marriage without parental consent cannot acknowledge a natural child, unless the parent or guardian approves the acknowledgment or unless the recognition is made in a will. When the lessor of a house, or part thereof, used as a dwelling for a family, or when the lessor of a store, or industrial establishment, also leases the furniture, the lease of the latter shall be deemed to be for the duration of the lease of the premises. It shall enable the minor to administer his property as though he were of age, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian. When the government, upon the failure of any person to comply with health or safety regulations concerning property, undertakes to do the necessary work, even over his objection, he shall be liable to pay the expenses. (1679). Article 2203. A negotiable document of title may be negotiated by delivery: (1) Where by the terms of the document the carrier, warehouseman or other bailee issuing the same undertakes to deliver the goods to the bearer; or. It may be made expressly or impliedly. Article 2100. The bailee shall in no case be compelled to deliver up the actual possession of the goods until the document is surrendered to him or impounded by the court. The following are immovable property: (1) Land, buildings, roads and constructions of all kinds adhered to the soil; (2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; (3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; (4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; (5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; (6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included; (7) Fertilizer actually used on a piece of land; (8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; (9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast; (10) Contracts for public works, and servitudes and other real rights over immovable property. (Rule 12a), Article 2264. An extrajudicial deposit is either voluntary or necessary. The insurance contract is based in Principles of Indemnities , these are Utmost Good Faith, Insurable Interest, Proximate Cause, Contribution and. If you are wondering what are the different types of contract, you're also thinking about the differences in one of the most fundamental aspects of business.4 min read. 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. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. (n), Article 2087. Anything done by the agent, without knowledge of the death of the principal or of any other cause which extinguishes the agency, is valid and shall be fully effective with respect to third persons who may have contracted with him in good faith. (1294), Article 1384. (1691). The husband shall continue to manage the conjugal partnership property but if the court deems it proper, it may appoint another to manage said property, in which case the administrator shall have the same rights and duties as a guardian and shall not be allowed to dispose of the income or of the capital except in accordance with the orders of the court. (1508a), Article 1607. Republication and Revival of Wills, Article 835. (497), Article 590. In order that the State may take possession of the property mentioned in the preceding article, the pertinent provisions of the Rules of Court must be observed. Article 2169. The following are compulsory heirs: (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in article 287. Study with Quizlet and memorize flashcards containing terms like Which of the following is considered a presumptive disability under a disability income policy? 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. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. Article 1423. 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 old possession is not revived if a new possession should be exercised by the same adverse claimant. Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. When the donation imposes upon the donee the obligation to pay the debts of the donor, if the clause does not contain any declaration to the contrary, the former is understood to be liable to pay only the debts which appear to have been previously contracted. (1200a), Article 1288. In case of annulment of the marriage, the spouse who acted in bad faith or gave cause for annulment shall forfeit his or her share of the conjugal partnership profits. There may also be tradition constitutum possessorium. Article 1481. (1113), Article 1180. (n), Article 2256. When a passenger is carried gratuitously, a stipulation limiting the common carrier's liability for negligence is valid, but not for wilful acts or gross negligence. The court may also appoint a guardian of the child's property in case the father should contract a subsequent marriage. future contract, called also In addition: (1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death; (2) If the deceased was obliged to give support according to the provisions of article 291, the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court; (3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. The substitution of the assignee as a limited partner does not release the assignor from liability to the partnership under articles 1847 and 1858. Article 1832. Article 1947. The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver of the latter shall leave the former in force. If the death or injury is due to the negligence of a fellow worker, the latter and the employer shall be solidarily liable for compensation. Natural fruits are the spontaneous products of the soil, and the young and other products of animals. Article 494. (n), Article 1917. The fruits and interest of the child's property referred to in article 321 shall be applied first to the expenses for the support and education of the child. When property is conveyed to a person in reliance upon his declared intention to hold it for, or transfer it to another or the grantor, there is an implied trust in favor of the person whose benefit is contemplated. The officious manager shall be liable for any fortuitous event: (1) If he undertakes risky operations which the owner was not accustomed to embark upon; (2) If he has preferred his own interest to that of the owner; (3) If he fails to return the property or business after demand by the owner; (4) If he assumed the management in bad faith. (1477). A) One party is restored to the same financial position the party was in before the loss occurred B) The unequal exchange of value or consideration for both parties C) One party(the insurance company) prepares the contract with (1935), Article 1113. The value of what is donated or promised to the common children by the husband, only for securing their future or the finishing of a career, or by both spouses through a common agreement, shall also be charged to the conjugal partnership, when they have not stipulated that it is to be satisfied from the property of one of them, in whole or in part. 8, shall be those involved in the administration of the decedent's estate. The Policyholder must have attained the age of majority at the time of signing the proposal and should be of sound mind and not disqualified under any law. (1287), Article 1377. (454), Article 549. In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. (1700a and 1701a). The dissolution of the partnership does not of itself discharge the existing liability of any partner. Article 2066. (n), Article 723. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs. (n), Article 1565. (n). Contract of insurance. Article 2252. The action to impugn the legitimacy of the child shall be brought within one year from the recording of the birth in the Civil Register, if the husband should be in the same place, or in a proper case, any of his heirs. The debtor may exercise his right within thirty days from the date the assignee demands payment from him. The right of redemption of co-owners excludes that of adjoining owners. Article 1244. The family home shall not be subject to payment of the debts of the deceased, unless in his will the contrary is stated. (n), Article 2004. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. If the debtor changes his domicile in bad faith or after he has incurred in delay, the additional expenses shall be borne by him. If the fault is also punished by the previous legislation, the less severe sanction shall be applied. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. Article 492. Estoppel is effective only as between the parties thereto or their successors in interest. (419), Article 515. (1191a), Article 1275. If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. If the agent had general powers, revocation of the agency does not prejudice third persons who acted in good faith and without knowledge of the revocation.
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