If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to said damages and the amount thereof. (n), Art. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. 2031. Art. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child. If the price is simulated, the sale is void, but the act may be shown to have been in reality a donation, or some other act or contract. The obligation to furnish support ceases upon the death of the obligor, even if he may be bound to give it in compliance with a final judgment. 1137. 967. However, before the depositary may make such change, he shall notify the depositor thereof and wait for his decision, unless delay would cause danger. 455. 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. (351a), Art. 1416. 1613. But the co-ownership may be terminated in accordance with Article 498. Art. (n). (35a), Art. (1207), Art. 1937. Words which may have different significations shall be understood in that which is most in keeping with the nature and object of the contract. (1273), Art. (31a). Any stipulation exempting the vendor from the obligation to answer for eviction shall be void, if he acted in bad faith. (948), Art. The house helper's clothes shall be subject to stipulation. (n). (1135a). Art. If there is no stipulation as specified in the first paragraph of article 1523, when the buyer's refusal to accept the goods is without just cause, the title thereto passes to him from the moment they are placed at his disposal. The license shall be issued after the completion of the publication, unless the local civil registrar receives information upon any alleged impediment to the marriage. 2071. (n), Art. However general the terms of a contract may be, they shall not be understood to comprehend things that are distinct and cases that are different from those upon which the parties intended to agree. (563a). (501). 1515. Art. 547. (881a). 1570. (1193), Art. The legacy to the debtor of the thing pledged by him is understood to discharge only the right of pledge. (447), Art. In the direct line, ascent is made to the common ancestor. The net remainder of the conjugal partnership of gains shall be divided equally between the husband and the wife or their respective heirs, unless a different basis of division was agreed upon in the marriage settlements. (3) The certificate is cancelled or so amended as to set forth the withdrawal or reduction. Art. 1781. (1283), Art. Where a resale is made, as authorized in this article, the buyer acquires a good title as against the original buyer. (n), Art. ARTICLE 345. (n), Art. (985), Art. All earnings from any profession, business or industry shall likewise belong to each spouse. Art. Usurious contracts shall be governed by the Usury Law and other special laws, so far as they are not inconsistent with this Code. (n), Art. Art. 454. Art. Any stipulation or testamentary provision allowing excavations that cause danger to an adjacent land or building shall be void. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest. 1629. 1240. Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. On who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent, if it is not shown that he was aware of the flaws affecting it; but the effects of possession in good faith shall not benefit him except from the date of the death of the decedent. Liquidation of the absolute community shall be governed by the Rules of Court on the administration of the estate of deceased persons. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. 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. Art. Art. All the creditors of the husband and of the wife, as well as of the conjugal partnership shall be notified of any petition for judicial approval or the voluntary dissolution of the conjugal partnership, so that any such creditors may appear at the hearing to safeguard his interests. Art. (1898), Art. (1516). The owner of a swarm of bees shall have a right to pursue them to another's land, indemnifying the possessor of the latter for the damage. Art. Two or more persons desiring to form a limited partnership shall: (c) The location of the principal place of business; (d) The name and place of residence of each member, general and limited partners being respectively designated; (e) The term for which the partnership is to exist; (f) The amount of cash and a description of and the agreed value of the other property contributed by each limited partner; (g) The additional contributions, if any, to be made by each limited partner and the times at which or events on the happening of which they shall be made; (h) The time, if agreed upon, when the contribution of each limited partner is to be returned; (i) The share of the profits or the other compensation by way of income which each limited partner shall receive by reason of his contribution; (j) The right, if given, of a limited partner to substitute an assignee as contributor in his place, and the terms and conditions of the substitution; (k) The right, if given, of the partners to admit additional limited partners; (l) The right, if given, of one or more of the limited partners to priority over other limited partners, as to contributions or as to compensation by way of income, and the nature of such priority; (m) The right, if given, of the remaining general partner or partners to continue the business on the death, retirement, civil interdiction, insanity or insolvency of a general partner; and. Those credits which enjoy preference in relation to specific real property or real rights, exclude all others to the extent of the value of the immovable or real right to which the preference refers. 1712. The rules under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code. Title so acquired can be conveyed only in the partnership name. All partners, including industrial ones, shall be liable pro rata with all their property and after all the partnership assets have been exhausted, for the contracts which may be entered into in the name and for the account of the partnership, under its signature and by a person authorized to act for the partnership. Upon the dissolution and liquidation of the community, the net assets shall be divided equally between the husband and the wife or their heirs. 1426. (n), Art. 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. The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same. (490), (2) To give security, binding himself to fulfill the obligations imposed upon him in accordance with this Chapter. 2045. 1704. 1539. The head of the family shall treat the house helper in a just and humane manner. If the substitution is without the knowledge or against the will of the debtor, the new debtor's insolvency or non-fulfillment of the obligations shall not give rise to any liability on the part of the original debtor. 1936. In case of a dissolution of the partnership, the assignee is entitled to receive his assignor's interest and may require an account from the date only of the last account agreed to by all the partners. Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners' act does not bind the partnership under the provisions of the first paragraph of Article 1818, unless the purchaser or his assignee, is a holder for value, without knowledge. (556), Art. 865. 1959. 2177. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable. In case of doubt it is understood that the repairs are chargeable against him. (1) On the dissolution of a partnership; or, (2) When the date specified in the certificate for its return has arrived, or. 363. Thus, every intendment of law or facts leans toward the validity of marriage, the indissolubility of the marriage bonds, the legitimacy of children, the community of property during marriage, the authority of parents over their children, and the validity of defense for any member of the family in case of unlawful aggression. 2179. 2107. The incidents of this co-ownership are such that: (2) A partner's right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property; (3) A partner's right in specific partnership property is not subject to attachment or execution, except on a claim against the partnership. (n). (1098), Art. (1866a), Art. Proprietors shall also be responsible for damages caused: (2) By excessive smoke, which may be harmful to persons or property; (3) By the falling of trees situated at or near highways or lanes, if not caused by force majeure; (4) By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place. (n), Art. The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to the circumstances, by the rules concerning guardians. A universal partnership of profits comprises all that the partners may acquire by their industry or work during the existence of the partnership. The donor shall also be liable for eviction or hidden defects in case of bad faith on his part. But if the refusal of consent by the other partners is manifestly prejudicial to the interest of the partnership, the court's intervention may be sought. 1583. 1849. In these cases the heirs shall have a period of five years within which to institute the action. If the agency has been entrusted for the purpose of contracting with specified persons, its revocation shall not prejudice the latter if they were not given notice thereof. 2045. 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. A common carrier is responsible for injuries suffered by a passenger on account of the wilful acts or negligence of other passengers or of strangers, if the common carrier's employees through the exercise of the diligence of a good father of a family could have prevented or stopped the act or omission. 1718. Neither does the lessee have any right to a reduction of the rent if the fruits are lost after they have been separated from their stalk, root or trunk. 215. (3) Reasonable, just and not contrary to public policy. 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. 532. 1818. If the inheritance should be repudiated by the nearest relative, should there be one only, or by all the nearest relatives called by law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. Art. 1978. (1206a), Art. In both cases the lessee shall be liable for the damages which, through his negligence, may be suffered by the proprietor. (174a), Art. Art. Art. The following cannot give consent to a contract: (2) Insane or demented persons, and deaf-mutes who do not know how to write. Art. (n), The power shall continue to be in full force until the notice is rescinded in the same manner in which it was given. The vendor cannot avail himself of the right of repurchase without returning to the vendee the price of the sale, and in addition: (1) The expenses of the contract, and any other legitimate payments made by reason of the sale; (2) The necessary and useful expenses made on the thing sold. Art. The contractor who has undertaken to put only his work or skill, cannot claim any compensation if the work should be destroyed before its delivery, unless there has been delay in receiving it, or if the destruction was caused by the poor quality of the material, provided this fact was communicated in due time to the owner. (1553). (1259a). If the buyer makes use of this right, the lessee may demand that he be allowed to gather the fruits of the harvest which corresponds to the current agricultural year and that the vendor indemnify him for damages suffered. In the case of a sale by auction: (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. In the cases of Articles 1561, 1562, 1564, 1565 and 1566, the vendee may elect between withdrawing from the contract and demanding a proportionate reduction of the price, with damages in either case. 1054. In case of doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting the other members of the family. (1754a), Art. 59. The sale of animals suffering from contagious diseases shall be void. (822), Art. Ratification cleanses the contract from all its defects from the moment it was constituted. Art. (1731), Art. 578. (n), Art. Land tenancy on shares shall be governed by special laws, the stipulations of the parties, the provisions on partnership and by the customs of the place. (889a). Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. If after making a will, the testator makes a second will expressly revoking the first, the revocation of the second will does not revive the first will, which can be revived only by another will or codicil. (n), Art. 2213. (1062), Art. 1588. Art. If the proprietor does not comply with this obligation, the administrative authorities may order the demolition of the structure at the expense of the owner, or take measures to insure public safety. Unless otherwise agreed, the partners who have not wrongfully dissolved the partnership or the legal representative of the last surviving partner, not insolvent, has the right to wind up the partnership affairs, provided, however, that any partner, his legal representative or his assignee, upon cause shown, may obtain winding up by the court. Art. If only the share of each partner in the profits has been agreed upon, the share of each in the losses shall be in the same proportion. In either case they shall be distributed as civil fruits, and shall be applied in the manner prescribed in the preceding article. 1675. 459. The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct. 2187. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor. The inheritance of those who, with or without a will, die after the beginning of the effectivity of this Code, shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court; but the testamentary provisions shall be carried out insofar as they may be permitted by this Code. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to. (1382). The depositary may retain the thing in pledge until the full payment of what may be due him by reason of the deposit. Art. (n). 99% Upvoted. (n). Where the buyer is entitled to rescind the sale and elects to do so, he shall cease to be liable for the price upon returning or offering to return the goods. (552). 1723. 1585. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great-grandparent. 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