1322. 1504. (n), Art. Art. Book I - CIVIL CODE of the PHILIPPINES Mister Criminology; 17 videos; 4,833 views; ... Book I - Article 118 to 215 CIVIL CODE Audio Codal by Mister Criminology. If the contract fails or refuses to comply with this obligation, the employer may have the defect removed or another work executed, at the contractor's cost. 1616. 2260. 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. 1330. Art. 1346. The same rule shall apply if the contractor cannot finish the work due to circumstances beyond his control. The surname of a limited partner shall not appear in the partnership name unless: (1) It is also the surname of a general partner, or. Art. (2) If it appears that one of the parties, before the commencement of the action or proceeding, offered to discuss a possible compromise but the other party refused the offer. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. There may be a compromise upon the civil liability arising from an offense; but such compromise shall not extinguish the public action for the imposition of the legal penalty. (n). (1266a), Art. Nevertheless, in case of a gratuitous guaranty, if the guarantor was prevented by a fortuitous event from advising the debtor of the payment, and the creditor becomes insolvent, the debtor shall reimburse the guarantor for the amount paid. 1317. (1) When it is made in compliance with a legal obligation; (2) When it takes place on the occasion of any calamity, such as fire, storm, flood, pillage, shipwreck, or other similar events. (1139), Art. The sale of animals suffering from contagious diseases shall be void. Ratification extinguishes the action to annul a voidable contract. (1091a), Art. In case of doubt it is understood that the repairs are chargeable against him. When goods are delivered to the buyer "on sale or return" to give the buyer an option to return the goods instead of paying the price, the ownership passes to the buyer of delivery, but he may revest the ownership in the seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time. 2255. A non-negotiable document cannot be negotiated and the endorsement of such a document gives the transferee no additional right. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a register book strictly in the order in which the same shall be received. 1611. If the fulfillment of the obligation is offered by the grantor when it becomes due, he may demand the reconveyance of the property to him. This sale shall be made at a public auction, and with notification to the debtor and the owner of the thing pledged in a proper case, stating the amount for which the public sale is to be held. Art. (n), Art. If the shipper or owner merely contributed to the loss, destruction or deterioration of the goods, the proximate cause thereof being the negligence of the common carrier, the latter shall be liable in damages, which however, shall be equitably reduced. Art. In case liquidated damages have been agreed upon, although no proof of loss is necessary in order that such liquidated damages may be recovered, nevertheless, before the court may consider the question of granting exemplary in addition to the liquidated damages, the plaintiff must show that he would be entitled to moral, temperate or compensatory damages were it not for the stipulation for liquidated damages. 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. (n), Art. The defense of illegality of contract is not available to third persons whose interests are not directly affected. (1515), Art. The house helper's clothes shall be subject to stipulation. (n). 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. 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. 1856. 1302. document.write("1998 - "+yr); Where, under a contract of sale, the ownership of the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the goods according to the terms of the contract of sale, the seller may maintain an action against him for the price of the goods. Art. The income corresponding to the year in which the person enjoying it dies shall be paid in proportion to the days during which he lived; if the income should be paid by installments in advance, the whole amount of the installment which began to run during his life shall be paid. Civil Code of the Philippines | Codal ~ Book 1 | Articles 1- 2270 - Duration: 11:32:54. The retirement, death, insolvency, insanity or civil interdiction of a general partner dissolves the partnership, unless the business is continued by the remaining general partners: (1) Under a right so to do stated in the certificate, or. When the preservation of the thing pledged requires its use, it must be used by the creditor but only for that purpose. House helper shall not be required to work more than ten hours a day. (n), Art. Express condonation shall, furthermore, comply with the forms of donation. 2138. The principal must also indemnify the agent for all the damages which the execution of the agency may have caused the latter, without fault or negligence on his part. Art. 2220. 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 expenses of such delivery must be borne by the seller. 2020. He who constitutes an annuity by gratuitous title upon his property, may provide at the time the annuity is established that the same shall not be subject to execution or attachment on account of the obligations of the recipient of the annuity. Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer. Art. The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made known to both contracting parties. 1565. 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. 2123. An offer made through an agent is accepted from the time acceptance is communicated to him. (n). 2109. (1190), Art. The same shall be done, even when the area is the same, if any part of the immovable is not of the quality specified in the contract. (1129a), The creditor cannot be compelled to receive part of one and part of the other undertaking. 1930. 1778. If the marriage is between a citizen of the Philippines and a foreigner, whether celebrated in the Philippines or abroad, the following rules shall prevail: (1) If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of this Code shall govern their relations; 1314. (n), Art. 1625. Once fixed by the courts, the period cannot be changed by them. Words which may have different significations shall be understood in that which is most in keeping with the nature and object of the contract. Art. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. 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. If the guarantor should pay without notifying the debtor, the latter may enforce against him all the defenses which he could have set up against the creditor at the time the payment was made. Art. Art. Art. (1580a), Art. 2169. The agent may retain in pledge the things which are the object of the agency until the principal effects the reimbursement and pays the indemnity set forth in the two preceding articles. (8) When partnership property and the individual properties of the partners are in possession of a court for distribution, partnership creditors shall have priority on partnership property and separate creditors on individual property, saving the rights of lien or secured creditors. Neither can the creditor's heir who received his share of the debt return the pledge or cancel the mortgage, to the prejudice of the other heirs who have not been paid. The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a contract, and shall fill the omission of stipulations which are ordinarily established. 2119. The debtor may exercise his right within thirty days from the date the assignee demands payment from him. (1283), Art. (2) That the property of the partnership exceeds the amount sufficient to discharge its liabilities to persons not claiming as general or limited partners by an amount greater than the sum of the contributions of its limited partners. The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground. (n), Art. When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or avoided. 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. 1461. Those who put their labor upon or furnish materials for a piece of work undertaken by the contractor have an action against the owner up to the amount owing from the latter to the contractor at the time the claim is made. Art. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. (1876), Art. 1587. Art. Art. 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. (1875a), Art. 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. (n), Art. 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. 1675. Art. 1855. Pledges created by operation of law, such as those referred to in Articles 546, 1731, and 1994, are governed by the foregoing articles on the possession, care and sale of the thing as well as on the termination of the pledge. If a contract which purports to be for the delivery of goods, securities or shares of stock is entered into with the intention that the difference between the price stipulated and the exchange or market price at the time of the pretended delivery shall be paid by the loser to the winner, the transaction is null and void. 1274. 1433. (1747a), Art. He shall apply the same to the payment of his claim, and deliver the surplus, should there be any, to the pledgor. However, if a third person who acquired the thing acted in bad faith, the depositor may bring an action against him for its recovery. No annuity shall be claimed without first proving the existence of the person upon whose life the annuity is constituted. (n), Art. (n) The right, if given, of a limited partner to demand and receive property other than cash in return for his contribution. (1207), Art. Art. (n). 1358. Civil Code of the Philippines annotated / by Edgardo L. Paras.. [Edgardo Lardizábal Paras; Philippines.]. (1853), Art. The vendee is subrogated to the vendor's rights and actions. 2211. 1931. The borrower may recover in accordance with the laws on usury. As to matters not provided for in this Code, judicial sequestration shall be governed by the Rules of Court. Private or secret orders and instructions of the principal do not prejudice third persons who have relied upon the power of attorney or instructions shown them. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. 1902. (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established. Art. 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