civil code of the philippines obligations and contracts

(n). 2227. (n), Art. 2 of Article 1654. The negotiation shall take effect as of the time when the endorsement is actually made. 2208. Agency is presumed to be for a compensation, unless there is proof to the contrary. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. At the public auction, the pledgor or owner may bid. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. In the sale of animals with redhibitory defects, the vendee shall also enjoy the right mentioned in article 1567; but he must make use thereof within the same period which has been fixed for the exercise of the redhibitory action. 1432. 1181. Art. (n), Art. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests. The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court, may be purchased without thereby causing a dissolution: (1) With separate property, by any one or more of the partners; or. (n), Art. 1614. 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. 2235. 1750. If the lease was made for a determinate time, it ceases upon the day fixed, without the need of a demand. 1888. 1549. 1266. Although, the civil code didn’t mention the specific type of obligation, the specific type of obligation being defined by Art. (1713a), Art. 1519. If the work is subject to the approval of a third person, his decision shall be final, except in case of fraud or manifest error. The creditor may claim from a third person in possession of the mortgaged property, the payment of the part of the credit secured by the property which said third person possesses, in the terms and with the formalities which the law establishes. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated. (1893). The same rule applies when the nature of the obligation requires the assumption of risk. 2055. 1453. (1167a), Art. 1170. (n), Art. (n). Art. Whenever the person obliged by the decree of annulment to return the thing can not do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with interest from the same date. 1780. 2043. (n), Art. 1479. The persons in whose favor the law establishes a mortgage have no other right than to demand the execution and the recording of the document in which the mortgage is formalized. The actions arising from Articles 1539 and 1542 shall prescribe in six months, counted from the day of delivery. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. However, when the preservation of the thing deposited requires its use, it must be used but only for that purpose. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. (1122). (n), Art. Art. If an agent acts in his own name, the principal has no right of action against the persons with whom the agent has contracted; neither have such persons against the principal. If the partners have agreed to intrust to a third person the designation of the share of each one in the profits and losses, such designation may be impugned only when it is manifestly inequitable. Helpful? 2090. In case it should have been stipulated that none of the managing partners shall act without the consent of the others, the concurrence of all shall be necessary for the validity of the acts, and the absence or disability of any one of them cannot be alleged, unless there is imminent danger of grave or irreparable injury to the partnership. A contract which is the direct result of a previous illegal contract, is also void and inexistent. (n), Art. 1659. 1898. For the purposes of the preceding articles, obligations to give definite things and those which are not susceptible of partial performance shall be deemed to be indivisible. If the latter should suffer any damage by reason of the withdrawal, the agent must indemnify him therefor, unless the agent should base his withdrawal upon the impossibility of continuing the performance of the agency without grave detriment to himself. 2089. Interest due shall earn legal interest from the time it is judicially demanded, although the obligation may be silent upon this point. The pledgee cannot deposit the thing pledged with a third person, unless there is a stipulation authorizing him to do so. MAIN INDEX: Preliminary Title Articles 1-36: Book One Articles 37-413: Book Two Articles 414-711: Book Three Articles 712-1155: Book Four Articles 1156-2270: Read the full text of the Civil Code of the Philippines contained in one web page. (1870a), Art. 1912. A negotiable document of title may be negotiated by the endorsement of the person to whose order the goods are by the terms of the document deliverable. (1541a), Art. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following instances: (1) That the plaintiff himself has contravened the terms of the contract; (2) That the plaintiff has derived some benefit as a result of the contract; (3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel; (4) That the loss would have resulted in any event; (5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury. 1156. (3) The certificate is cancelled or so amended as to set forth the withdrawal or reduction. (n). (n), Art. (n), Art. The mortgage credit may be alienated or assigned to a third person, in whole or in part, with the formalities required by law. For the determination of the applicable law in cases which are not specified elsewhere in this Code, the following articles shall be observed: (Pars. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. 1801. The vendor shall not be obliged to make good the proper warranty, unless he is summoned in the suit for eviction at the instance of the vendee. Through estoppel an admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon. The guarantor shall be subject to the jurisdiction of the court of the place where this obligation is to be complied with. (1826). (n), Art. The certificate shall be cancelled when the partnership is dissolved or all limited partners cease to be such. Proprietors shall also be responsible for damages caused: (1) By the explosion of machinery which has not been taken care of with due diligence, and the inflammation of explosive substances which have not been kept in a safe and adequate place; (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. If the duration of the household service is not determined either by stipulation or by the nature of the service, the head of the family or the house helper may give notice to put an end to the service relation, according to the following rules: (1) If the compensation is paid by the day, notice may be given on any day that the service shall end at the close of the following day; (2) If the compensation is paid by the week, notice may be given, at the latest on the first business day of the week, that the service shall be terminated at the end of the seventh day from the beginning of the week; (3) If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the service shall cease at the end of the month. Art. An absolutely simulated or fictitious contract is void. Two or more persons desiring to form a limited partnership shall: (1) Sign and swear to a certificate, which shall state -. If some stipulation of any contract should admit of several meanings, it shall be understood as bearing that import which is most adequate to render it effectual. (1668a), Art. Art. 2162. 1159. 2126. The agent may appoint a substitute if the principal has not prohibited him from doing so; but he shall be responsible for the acts of the substitute: (1) When he was not given the power to appoint one; (2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent. In addition to these presumptions, the design to defraud creditors may be proved in any other manner recognized by the law of evidence. This liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and supervision of their employees. In addition to these presumptions, the matter shall be liable for damages mentioned in 1951. 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