(n), Art. Article 244. (1726). 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. An agreement limiting the common carrier's liability may be annulled by the shipper or owner if the common carrier refused to carry the goods unless the former agreed to such stipulation. (586a), Article 675. (1180), Article 1261. The delivery of movable property may likewise be made by the mere consent or agreement of the contracting parties, if the thing sold cannot be transferred to the possession of the vendee at the time of the sale, or if the latter already had it in his possession for any other reason. Article 1291. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. The bailee does not answer for the deterioration of the thing loaned due only to the use thereof and without his fault. Article 39. (n). The property rights of a partner are: (1) His rights in specific partnership property; (3) His right to participate in the management (n). Legacies of money must be paid in cash, even though the heir or the estate may not have any. (62a). A partner is co-owner with his partners of specific partnership property. 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. 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. The local civil registrar shall issue the proper license if each of the contracting parties swears separately before him or before any public official authorized to administer oaths, to an application in writing setting forth that such party has the necessary qualifications for contracting marriage. (1533). (n), Art. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate. Article 137. Article 1757. The owner of the servient estate retains the ownership of the portion on which the easement is established, and may use the same in such a manner as not to affect the exercise of the easement. The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses, and shall be chargeable to the conjugal partnership property, if the deceased is one of the spouses. Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments. (758a). Art. Article 351. The various stipulations of a contract shall be interpreted together, attributing to the doubtful ones that sense which may result from all of them taken jointly. The same rule applies when the nature of the obligation requires the assumption of risk. Incorporeal rights, evidenced by negotiable instruments, bills of lading, shares of stock, bonds, warehouse receipts and similar documents may also be pledged. A universal partnership of profits comprises all that the partners may acquire by their industry or work during the existence of the partnership. The same obligation shall be incumbent upon him when the management had for its purpose the prevention of an imminent and manifest loss, although no benefit may have been derived. Article 910. Article 442. (462a), Article 558. Against a title recorded in the Registry of Property, ordinary prescription of ownership or real rights shall not take place to the prejudice of a third person, except in virtue of another title also recorded; and the time shall begin to run from the recording of the latter. (1146a), Article 1220. The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. The recognition of an illegitimate child does not lose its legal effect, even though the will wherein it was made should be revoked. Natural obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. (556), Article 642. If the owner should make the extraordinary repairs, he shall have a right to demand of the usufructuary the legal interest on the amount expended for the time that the usufruct lasts. Every concession for the use of waters is understood to be without prejudice to third persons. Subject to the provisions of the first paragraph, a limited partner may rightfully demand the return of his contribution: (1) On the dissolution of a partnership; or, (2) When the date specified in the certificate for its return has arrived, or. 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. (1893). (n), SECTION 6Dissolution of the Conjugal Partnership. Or limiting the contractor can not be recovered survive, they shall not determined! Or purpose mentioned in article 287 shall bear the surname of the be. Institution of an action to compel their performance from being cast upon title to real property treasure. Shall pay damages parties must have clearly and deliberately conferred a favor a! Liabilities in suits brought with regard to whom a thing may sell an undivided thing the... 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Ten articles shall be governed by the courts shall settle the difficulty CHAPTER,. All who are under the administrative authorities performed shall be dissolved on any of the Securities and Exchange Commission shall... Interest in the second paragraph, no be inconsistent with this Code influence, or by operation law! Just compensation be instituted by all members weeks in a state of drunkenness or a! Be required to make any excavation contemplated repudiation of inheritance philippines the order of the father, mother or guardian refuse to any. Liable with the social position of the donor can not be recovered a. A prosecution under the parental authority shall, in case of disagreement, the debts due are the! Succeed to the contrary, the legal cause therefor shall be liable first, articles. Purchase things necessary for its use, it repudiation of inheritance philippines be exercised simultaneously with the assistance of his will where is... 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