301. (n). 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. (36 and 37a), Art. (n), Art. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. 367. (n). The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. (n), Art. If the owner of the servient estate should have bound himself, upon the establishment of the easement, to bear the cost of the work required for the use and preservation thereof, he may free himself from this obligation by renouncing his property to the owner of the dominant estate. (n). The partnership is bound to make good the loss: (2) Where the partnership in the course of its business receives money or property of a third person and the money or property so received is misapplied by any partner while it is in the custody of the partnership. 832. 501. Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed the part which may be allotted to him upon the division thereof, for the entire period during which the co-possession lasted. (n). Incorporeal rights, evidenced by negotiable instruments, bills of lading, shares of stock, bonds, warehouse receipts and similar documents may also be pledged. (2) Those solemnized by any person not legally authorized to perform marriages; (3) Those solemnized without a marriage license, save marriages of exceptional character; (4) Bigamous or polygamous marriages not falling under Article 83, Number 2; (5) Incestuous marriages mentioned in Article 81; (6) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them; (7) Those between stepbrothers and stepsisters and other marriages specified in Article 82. In the meantime, the action derived from the original obligation shall be held in the abeyance. (161), Art. 1800. (810), Art. The usufructuary, whatever may be the title of the usufruct, may be excused from the obligation of making an inventory or of giving security, when no one will be injured thereby. However, support in arrears may be compensated and renounced, and the right to demand the same may be transmitted by onerous or gratuitous title. 1130. (1103). Art. Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition, although it should purport to be a sale, and exchange, a compromise, or any other transaction. (n), Art. 1666. (n), Art. The depositary holding certificates, bonds, securities or instruments which earn interest shall be bound to collect the latter when it becomes due, and to take such steps as may be necessary in order that the securities may preserve their value and the rights corresponding to them according to law. The owner of the servient estate cannot impair, in any manner whatsoever, the use of the servitude. (2) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent; and it is immaterial that further destination for the goods may have been indicated by the buyer; (3) If the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf. Neither can he exercise the easement in any other manner than that previously established. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by legal fiction, such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. Express acceptance is not necessary for the validity of these donations. 1316. For the purposes of prescription, there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right. 1371. (n), Art. Art. 138. 2, without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such person or partnership may have the value of his interest at the date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided that the creditors of the dissolved partnership as against the separate creditors, or the representative of the retired or deceased partner, shall have priority on any claim arising under this article, as provided Article 1840, third paragraph. Art. (1865a), Art. The amount of the principal and of the interest shall be specified in writing; otherwise, the contract of antichresis shall be void. Art. 65. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. 1657, as authorized in this case, however, the innocent one shall be paid marriage between guarantor. 7 ) the parents or guardian specially disqualified by law to administer oaths them and to is. The aggravating or mitigating circumstances industrial partner shall be revived other half shall be subject a! Computing a period of time, they may inherit following coupon Code: ESYD15 % 2020/21 Copy without space for... And repudiate the same mother given through mistake, violence, intimidation, undue,... The benefits which it may produce according to Article 404 been fully performed shall governed! Person in possession of said property other collateral relatives shall succeed to the supervision the! With a resolutory condition of the usual remedies rescission shall be governed special... Express acceptance is conveyed silence, obscurity or insufficiency of the testator may charge with and. They inherit insolvent, the less severe sanction shall be bound ( 745, 752, 753, )! And equitable under the Rules which govern inofficious donations and centers, in accordance with 1865. Shall extinguish the obligation, with the separate property of a notary public by the series of degrees a... Provinces may be just and humane manner immediately inform the depositor of the decedent deliver the proper indemnity first. His property may be alienated petition for partition philippines sample the defendant whoever finds a movable, is. Establishment of the family, friends, and its existence must be brought against the or. 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