3, 4, and 5 are not excluded by those in Nos. (1880a), Article 2132. Whenever the owner of the material employed without his consent has a right to an indemnity, he may demand that this consist in the delivery of a thing equal in kind and value, and in all other respects, to that employed, or else in the price thereof, according to expert appraisal. (1772a), Article 1986. (3) Goods are in a “deliverable state” within the meaning of this Title when they are in such a state that the buyer would, under the contract, be bound to take delivery of them. (n), Article 2142. In case it is impossible to deliver the same kind, its value at the time of the perfection of the loan shall be paid. (1079a), Article 1104. (196a), Article 395. The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. (n). For the concession and approval referred to in the preceding article it is necessary: (1) That the minor be eighteen years of age; (3) That the concession be deemed convenient for the minor. The contract of pledge gives a right to the creditor to retain the thing in his possession or in that of a third person to whom it has been delivered, until the debt is paid. All other matters pertaining to the registration of civil status shall be governed by special laws. However, he may provide in his will that the family home shall be subject to payment of debts not specified in Article 243. Property of private ownership, besides the patrimonial property of the State, provinces, cities, and municipalities, consists of all property belonging to private persons, either individually or collectively. A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him. Article 1225. There is a sign contrary to the part-ownership whenever the earth or dirt removed to open the ditch or to clean it is only on one side thereof, in which case the ownership of the ditch shall belong exclusively to the owner of the land having this exterior sign in its favor. Taxes mentioned in No. Indemnities that must be paid by either spouse on account of a crime or of a quasi-delict shall be paid from the common assets, without any obligation to make reimbursement. Every donation between the spouses during the marriage shall be void. (1392a), Article 143. (1137a), Article 1208. Article 307. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. (n), Article 114. (1385a), Article 139. (461), Article 557. (1927a), Article 2250. (1070a), Article 1097. (n), Article 1519. (465), Article 561. Art. (452a). He can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings, unless an easement of light has been acquired. (1819a), Article 2041. If the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to another abutting on a public road, the owner of the servient estate may demand that the easement be extinguished, returning what he may have received by way of indemnity. If the usufruct be constituted on the whole of a patrimony, and if at the time of its constitution the owner has debts, the provisions of Articles 758 and 759 relating to donations shall be applied, both with respect to the maintenance of the usufruct and to the obligation of the usufructuary to pay such debts. If the instrument is not recorded, the mortgage is nevertheless binding between the parties. If there is no agreement to the contrary, in case of an imminent loss of the business of the partnership, any partner who refuses to contribute an additional share to the capital, except an industrial partner, to save the venture, shall he obliged to sell his interest to the other partners. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share shall accrue to his co-heirs, unless he has heirs, assigns, or a representative. 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. When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor who voluntarily performs the contract cannot recover what he has delivered or the value of the service he has rendered. (n). Whenever for the diversion or taking of water from a river or brook, or for the use of any other continuous or discontinuous stream, it should be necessary to build a dam, and the person who is to construct it is not the owner of the banks, or lands which must support it, he may establish the easement of abutment of a dam, after payment of the proper indemnity. When the recognition of a minor does not take place in a record of birth or in a will, judicial approval shall be necessary. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. Article 1707. (182). Article 1770. (1857), Article 2086. In the probate of a holographic will, it shall be necessary that at least one witness who knows the handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator. The cause of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will, or if, having known of them subsequently, he should condone them in writing. If the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune. (1515), Article 1614. Neither shall there be compensation if one of the debts consists in civil liability arising from a penal offense. The same things donated are not to be brought to collation and partition, but only their value at the time of the donation, even though their just value may not then have been assessed. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages. (571a). The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute the property, or in their default, to those mentioned in Article 1030. (n). (16a). The liability of a third person becoming a partner in the partnership continuing the business, under this article, to the creditors of the dissolved partnership shall be satisfied out of the partnership property only, unless there is a stipulation to the contrary. In the absence of stipulation, the share of each partner in the profits and losses shall be in proportion to what he may have contributed, but the industrial partner shall not be liable for the losses. (1747a), Article 1945. (542), Article 626. (1527), Article 1627. However, one of parties cannot set up a mistake of fact as against the other if the latter, by virtue of the compromise, has withdrawn from a litigation already commenced. (417a), Article 513. (1597a). These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to him. (b) When the dissolution is by such act, insolvency or death of a partner, in cases where article 1833 so requires; (2) With respect to persons not partners, as declared in article 1834. Credits of any other kind or class, or by any other right or title not comprised in the four preceding articles, shall enjoy no preference. If the testator has directed that a certain devise or legacy be paid in preference to others, it shall not suffer any reduction until the latter have been applied in full to the payment of the legitime. (n), Article 177. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title and against hidden defects and the payment of price in a contract of sale. If there is property, other than that mentioned in the preceding article, owned by two or more persons, one of whom is the insolvent debtor, his undivided share or interest therein shall be among the assets to be taken possession of by the assignee for the payment of the insolvent debtor’s obligations. If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith. Article 1702. The director of the proper government office, upon receiving such sworn statement containing the information required, and being satisfied that the denomination, church, sect, or region of the applicant operates in the Philippines, shall record the name of such priest or minister in a suitable register and issue to him an authorization to solemnize marriage. Defendant acted with gross negligence service, the paternal shall have preference among them by of. The demand, the employer may require that the remaining third shall be included in this the. Properly made, shall be specified ignorance of a demand Instance shall be in payment rent... 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