Art. (1784a), Art. 1205. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied. 1332. 2237. 1925. However, the members of the bailee's household may make use of the thing loaned, unless there is a stipulation to the contrary, or unless the nature of the thing forbids such use. 1283. If property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust … The depositary cannot demand that the depositor prove his ownership of the thing deposited. Where the title to real property is in the name of all the partners a conveyance executed by all the partners passes all their rights in such property. (1306). 1544. 1592. ( Log Out /  The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. The depositary of property or objects sequestrated cannot be relieved of his responsibility until the controversy which gave rise thereto has come to an end, unless the court so orders. A universal partnership of profits comprises all that the partners may acquire by their industry or work during the existence of the partnership. (n) The right, if given, of a limited partner to demand and receive property other than cash in return for his contribution. 1649. 1 and 2 of the preceding article, the principal may furthermore bring an action against the substitute with respect to the obligations which the latter has contracted under the substitution. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages. (1686a). No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him. 1692. 1765. Art. The requisite that a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of being made determinate without the necessity of a new or further agreement between the parties. 2135. Subject to such limitations as may be provided by law, Family Code provisions on substitute parental authority of grandparents, Family Code provisions on parental authority. The commission agent shall be responsible for the goods received by him in the terms and conditions and as described in the consignment, unless upon receiving them he should make a written statement of the damage and deterioration suffered by the same. Between persons who are present, the acceptance of the agency may also be implied if the principal delivers his power of attorney to the agent and the latter receives it without any objection. (1183a), Art. Where the goods are of perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price for an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods. (1816). (n), Art. Consumable goods cannot be the subject matter of a contract of lease, except when they are merely to be exhibited or when they are accessory to an industrial establishment. Movable as well as immovable property may be the object of sequestration. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may prevent a delivery to the buyer. If one of the parties fails or refuses to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand. 1759. 1971. 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 hotel-keeper cannot free himself from responsibility by posting notices to the effect that he is not liable for the articles brought by the guest. 1872. (1501a). 1238. 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. 2078. The lessee is liable for any deterioration caused by members of his household and by guests and visitors. 1418. (1449a), Art. 1816. 1616. The vendor may bring his action against every possessor whose right is derived from the vendee, even if in the second contract no mention should have been made of the right to repurchase, without prejudice to the provisions of the Mortgage Law and the Land Registration Law with respect to third persons. Is the court bound by such preference? Art. A credit or other incorporeal right shall be considered in litigation from the time the complaint concerning the same is answered. The court shall endeavor to persuade the litigants in a civil case to agree upon some fair compromise. In the meantime, the action derived from the original obligation shall be held in the abeyance. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. 1762. 1986. Art. (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established. However, any partner may enter into a separate obligation to perform a partnership contract. In case of doubt it is understood that the repairs are chargeable against him. (1717), He must also finish the business already begun on the death of the principal, should delay entail any danger. 2234. 2129. 1799. (n), Art. (1091a), Art. When a third person, without the knowledge of the debtor, pays the debt, the rights of the former are governed by Articles 1236 and 1237. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. (n), Art. 1806. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. 1736. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. 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. 1559. [A]n action for reconveyance of a parcel of land based on implied or constructive trust prescribes in ten years, the point of reference being the date of registration of the deed or the date of the issuance of the certificate of title over the property, but this rule applies only when the plaintiff or the person enforcing the trust is not in possession of the property, since if a person claiming to … If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid. If the certificate contains a false statement, one who suffers loss by reliance on such statement may hold liable any party to the certificate who knew the statement to be false: (1) At the time he signed the certificate, or. 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. (1731), Art. Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery has been made under such circumstances as to show an intent to waive the lien or right of retention. 1708. (n), Art. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. The mortgage credit may be alienated or assigned to a third person, in whole or in part, with the formalities required by law. (n). Articles of universal partnership, entered into without specification of its nature, only constitute a universal partnership of profits. 1335. A continuation of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is prima facie evidence of a continuation of the partnership. The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver of the latter shall leave the former in force. When in a small community a nationality of the inhabitants of age decide upon a measure for protection against lawlessness, fire, flood, storm or other calamity, any one who objects to the plan and refuses to contribute to the expenses but is benefited by the project as executed shall be liable to pay his share of said expenses. Art. (1677), Art. (n). To determine the degree of intimidation, the age, sex and condition of the person shall be borne in mind. A pledge shall not take effect against third persons if a description of the thing pledged and the date of the pledge do not appear in a public instrument. 2248. In this case, however, the agent is liable if he undertook to secure the principal's ratification. No affirmation of the value of the thing, nor any statement purporting to be a statement of the seller's opinion only, shall be construed as a warranty, unless the seller made such affirmation or statement as an expert and it was relied upon by the buyer. 1695. 1870. (1839), Art. Creditors are protected in cases of contracts intended to defraud them. 1598. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. Art. Art. 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. The commission agent cannot, without the express or implied consent of the principal, sell on credit. When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable, he may rescind the contract if the main purpose of the lease is to provide a dwelling place for the lessee. (2) Be signed and sworn to by all members, and an amendment substituting a limited partner or adding a limited or general partner shall be signed also by the member to be substituted or added, and when a limited partner is to be substituted, the amendment shall also be signed by the assigning limited partner. 1197. (1808), Art. (n). 1857. If a guaranty is entered into without the knowledge or consent, or against the will of the principal debtor, the provisions of Articles 1236 and 1237 shall apply. (1451a). (n), Art. 1836. 1299. If the vendee has renounced the right to warranty in case of eviction, and eviction should take place, the vendor shall only pay the value which the thing sold had at the time of the eviction. Art. The deposit of effects made by the travellers in hotels or inns shall also be regarded as necessary. 1760. 1788. 1345. 1908. Interest may, in the discretion of the court, be allowed upon damages awarded for breach of contract. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. (1155). There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. 1771. Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority. When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void. 2001. The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them. 1172. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover. The amount of the bond and other terms shall be fixed by the competent public official. 2122. 1958. 1361. Art. If indorsed to a specified person, it may be again negotiated by the endorsement of such person in blank, to bearer or to another specified person. 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 extraordinary liability of the common carrier continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, until the consignee has been advised of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose of them. (n), Art. (1478). 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. (1487a). (1774). 1441. The agent who acts as such is not personally liable to the party with whom he contracts, unless he expressly binds himself or exceeds the limits of his authority without giving such party sufficient notice of his powers. (1106). For this purpose, neither the acceptance by the pledgor or owner, nor the return of the thing pledged is necessary, the pledgee becoming a depositary. Art. (1840), Art. 1554. (n), Art. The laborer's wages shall not be subject to execution or attachment, except for debts incurred for food, shelter, clothing and medical attendance. If the price or any part thereof has already been paid, the seller shall be liable to repay so much thereof as has been paid, concurrently with the return of the goods, or immediately after an offer to return the goods in exchange for repayment of the price. (1723), Art. The vendor is responsible to the vendee for any hidden faults or defects in the thing sold, even though he was not aware thereof. 1550. On due application to a court of competent jurisdiction by any creditor of a limited partner, the court may charge the interest of the indebted limited partner with payment of the unsatisfied amount of such claim, and may appoint a receiver, and make all other orders, directions and inquiries which the circumstances of the case may require. 1677. 2050. (n), Art. Art. However, the common carrier must exercise due diligence to prevent or minimize loss before, during and after the occurrence of flood, storm or other natural disaster in order that the common carrier may be exempted from liability for the loss, destruction, or deterioration of the goods. Should the lessor refuse to reimburse said amount, the lessee may remove the improvements, even though the principal thing may suffer damage thereby. If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner and a negotiable document of title is issued for them they cannot thereafter, while in possession of such bailee, be attached by garnishment or otherwise or be levied under an execution unless the document be first surrendered to the bailee or its negotiation enjoined. 1634. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor. 2247. Art. 1729. 1670. 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. However, even though the object or service may be physically divisible, an obligation is indivisible if so provided by law or intended by the parties. (1908), Art. What applies in the case of breach of contract is Article 1170 of the Civil Code which reads:Those who in the performance of their obligations are guilty of fraud, negligence or delay, and those who in any manner contravene the tenor thereof, are liable for damages. (1491), Art. (1140), Art. (n), Art. A general power of attorney is revoked by a special one granted to another agent, as regards the special matter involved in the latter. (1776a), Art. Art. Art. 1360. The agent may withdraw from the agency by giving due notice to the principal. (n), Art. 2138. Rescission shall be only to the extent necessary to cover the damages caused. (n). Art. But if deterioration or injury of the goods is due to the breach or warranty, such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale. The dissolution of the partnership does not of itself discharge the existing liability of any partner. (1174a). If, without the fault of the pledgee, there is danger of destruction, impairment, or diminution in value of the thing pledged, he may cause the same to be sold at a public sale. In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with. With regard to judicial costs, the Rules of Court shall govern. There is a mere act of trespass when the third person claims no right whatever. A limited partnership formed under the law prior to the effectivity of this Code, may become a limited partnership under this Chapter by complying with the provisions of Article 1844, provided the certificate sets forth: (1) The amount of the original contribution of each limited partner, and the time when the contribution was made; and. 1942. (n). 1467. 1487. The benefit of division against the co-guarantors ceases in the same cases and for the same reasons as the benefit of excussion against the principal debtor. 2263. (1266a), Art. Art. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. 1787. 1726. If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. (1476), Art. (1529). (1466). 1452. Art. 1952. If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely or with a right of repurchase, reformation of the instrument is proper. The former is the trustee, while the latter is the beneficiary. (1907). Where goods are shipped, and by the bill of lading the goods are deliverable to the seller or his agent, or to the order of the seller or of his agent, the seller thereby reserves the ownership in the goods. 2 (b). (n). An assignment of a credit, right or action shall produce no effect as against third person, unless it appears in a public instrument, or the instrument is recorded in the Registry of Property in case the assignment involves real property. 1456. In obligations to give, payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without prejudice to the provisions of Article 1427 under the Title on "Natural Obligations." 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. When one’s property is registered in another’s name without the former’s consent, an implied trust is created by law in favor of the true owner. (3) Those where both parties are incapable of giving consent to a contract. (n), Art. 1210. (1845), Art. Art. 1602. What are the specific laws that pertain to child support, especially for single mothers? (1200a), Art. 2096. In default of a special stipulation, the custom of the place shall be observed with regard to the kind of repairs on urban property for which the lessor shall be liable. When adverse possession had been commenced before the sale but the prescriptive period is completed after the transfer, the vendor shall not be liable for eviction. Art. The contract of pledge or mortgage may secure all kinds of obligations, be they pure or subject to a suspensive or resolutory condition. When through an accident or other cause a person is injured or becomes seriously ill, and he is treated or helped while he is not in a condition to give consent to a contract, he shall be liable to pay for the services of the physician or other person aiding him, unless the service has been rendered out of pure generosity. 1909. In crimes and quasi-delicts, interest as a part of the damages may, in a proper case, be adjudicated in the discretion of the court. In a contract of sale of personal property the price of which is payable in installments, the vendor may exercise any of the following remedies: (1) Exact fulfillment of the obligation, should the vendee fail to pay; (2) Cancel the sale, should the vendee's failure to pay cover two or more installments; (3) Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee's failure to pay cover two or more installments. (1272), Art. There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made wherever the thing might be at the moment the obligation was constituted. 1715. Where such third person or persons are prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have such remedies against the party in fault as are allowed the seller or the buyer, as the case may be. The provision of the New Civil Code of the Philippines applies to your situation, particularly Article1456, which provides: “Art. 1927. 2191. If the lessor or the lessee should not comply with the obligations set forth in Articles 1654 and 1657, the aggrieved party may ask for the rescission of the contract and indemnification for damages, or only the latter, allowing the contract to remain in force. Art. 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 … (n). If a third party secures an obligation by pledging his own movable property under the provisions of Article 2085 he shall have the same rights as a guarantor under Articles 2066 to 2070, and Articles 2077 to 2081. He shall, moreover, have a better right if he should offer the same terms as the highest bidder. The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court, may be purchased without thereby causing a dissolution: (1) With separate property, by any one or more of the partners; or. (1265a). 2033. (1496a), Art. Art. 1969. (n), Art. Thereafter the seller may treat the goods as the buyer's and may maintain an action for the price. Art. 1625. The other, who is not at fault, may demand the return of what he has given without any obligation to comply his promise. (1714a), Art. 1609. 2158. 2136. (n). (1139), Art. If a duly authorized agent acts in accordance with the orders of the principal, the latter cannot set up the ignorance of the agent as to circumstances whereof he himself was, or ought to have been, aware. (n), Art. The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that of the service which last became impossible. (n). The contributions of a limited partner may be cash or property, but not services. With reference to other property, real and personal, of the debtor, the following claims or credits shall be preferred in the order named: (1) Proper funeral expenses for the debtor, or children under his or her parental authority who have no property of their own, when approved by the court; (2) Credits for services rendered the insolvent by employees, laborers, or household helpers for one year preceding the commencement of the proceedings in insolvency; (3) Expenses during the last illness of the debtor or of his or her spouse and children under his or her parental authority, if they have no property of their own; (4) Compensation due the laborers or their dependents under laws providing for indemnity for damages in cases of labor accident, or illness resulting from the nature of the employment; (5) Credits and advancements made to the debtor for support of himself or herself, and family, during the last year preceding the insolvency; (6) Support during the insolvency proceedings, and for three months thereafter; (7) Fines and civil indemnification arising from a criminal offense; (8) Legal expenses, and expenses incurred in the administration of the insolvent's estate for the common interest of the creditors, when properly authorized and approved by the court; (9) Taxes and assessments due the national government, other than those mentioned in Articles 2241, No. (1176a), The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. 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. (n). (1905). Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. 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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Between his contribution to breaches of contract where consent is given through mistake, the obligation a of... Appears otherwise, business advertisements of things for sale are not inconsistent this!