In default of a special stipulation, the custom of the place shall be observed with regard to the kind of repairs on urban property for which the lessor shall be liable. Article 591. When a person donates something, subject to the resolutory condition of the donor's survival, there is a donation inter vivos. As for any obligation wherein the agent has exceeded his power, the principal is not bound except when he ratifies it expressly or tacitly. Article 85. Article 1498. One and the other kind shall be subject to the rules which govern inofficious donations. Article 695. He can sue and be sued in court only with the assistance of his father, mother or guardian. The legal separation may be claimed only by the innocent spouse, provided there has been no condonation of or consent to the adultery or concubinage. 1a, art. (n) ARTICLE 437. (927), Article 976. The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription. Nevertheless, should he discover that the thing has been stolen and who its true owner is, he must advise the latter of the deposit. Article 1124. (410), Article 506. Article 938. The employer is also liable for compensation if the employee contracts any illness or disease caused by such employment or as the result of the nature of the employment. (1430), Article 189. However, the donor shall not be liable for indemnity. If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case the things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him, bearing in mind the value of the things mixed or confused. If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered. (4) The party defrauded must have acted in accordance with the misrepresentation. Article 219. Article 1537. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lack of necessary repairs. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent. Article 1949. The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. (1736a), Article 1929. Matters not expressly provided for in such special laws shall be regulated by this Code. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. (1425a), Article 185. The wife cannot, without the husband's consent acquire any property by gratuitous title, except from her ascendants, descendants, parents-in-law, and collateral relatives within the fourth degree. Article 146. (n), Article 1720. In all these cases, the period of the interruption shall be counted for the prescription. 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. Article 42. Confusion which takes place in the person of any of the latter does not extinguish the obligation. (1001), Article 1053. (195), Article 394. With the consent of the pledgee, the thing pledged may be alienated by the pledgor or owner, subject to the pledge. A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court, in the action for forcible entry, a writ of preliminary mandatory injunction to restore him in his possession. (n), Article 2123. Article 1249. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. (n), Article 1829. Article 362. (137), Article 287. The former comprises all the business of the principal. Article 137. The petition shall contain the following particulars: (3) A statement that the petitioner is actually residing in the premises; (5) The names and addresses of all the creditors of the petitioner and of all mortgagees and other persons who have an interest in the property; (6) The names of the other beneficiaries specified in article 226. (1878), Article 2129. The teacher or professor shall cultivate the best potentialities of the heart and mind of the pupil or student. All property of the conjugal partnership of gains is owned in common by the husband and wife. (1805a), Article 2025. Article 2170. With regard to judicial costs, the Rules of Court shall govern. (1689a). (1151a). If during the lease it should become necessary to make some urgent repairs upon the thing leased, which cannot be deferred until the termination of the lease, the lessee is obliged to tolerate the work, although it may be very annoying to him, and although during the same, he may be deprived of a part of the premises. It shall enable the minor to administer his property as though he were of age, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian. The donation of a movable may be made orally or in writing. The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. (1728), Article 1913. Every house helper shall be allowed four days' vacation each month, with pay. (404), Article 499. Article 1038. (815), Article 907. Article 1942. In every case the court must take steps, before granting the legal separation, toward the reconciliation of the spouses, and must be fully satisfied that such reconciliation is highly improbable. (41a), Article 52. Article 21. Article 1009. The revival of the conjugal partnership of gains or of the absolute conjugal community of property shall be governed by article 195. Article 1709. Article 1834. (n), Article 1136. 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. (334a). In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will; but if the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid interval. (432). (1785), Article 2006. (109), Article 257. In case of disagreement, the courts shall settle the difficulty. (956a), Article 1012. Revocation of Wills and Testamentary Dispositions, Article 828. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. (33). (888a). In the preceding articles in this Title governing the sale of goods, unless the context or subject matter otherwise requires: (1) "Document of title to goods" includes any bill of lading, dock warrant, "quedan," or warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by indorsement or by delivery, goods represented by such document. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. Article 1849. (n), Article 1907. Creditors and all other persons interested in making the prescription effective may avail themselves thereof notwithstanding the express or tacit renunciation by the debtor or proprietor. (n), Article 2042. Arturo M. Tolentino, Ph. Article 856. Article 1433. If the owner should appear in time, he shall be obliged to pay, as a reward to the finder, one-tenth of the sum or of the price of the thing found. Article 376. The vendee is subrogated to the vendor's rights and actions. The vendor is not bound to deliver the thing sold in case the vendee should lose the right to make use of the terms as provided in article 1198. (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. But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of the right granted. (1905). (1492), Article 1574. The vendee shall, on his part, reimburse the vendor for all that the latter may have paid for the debts of and charges on the estate and satisfy the credits he may have against the same, unless there is an agreement to the contrary. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. If the obligation consists in the payment of a sum of money, and the debtor incurs in delay, the indemnity for damages, there being no stipulation to the contrary, shall be the payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is six per cent per annum. A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. 1, article 2241, and No. But if the veterinarian, through ignorance or bad faith should fail to discover or disclose it, he shall be liable for damages. If, in the execution of the work, an act of the employer is required, and he incurs in delay or fails to perform the act, the contractor is entitled to a reasonable compensation. The provisions of this article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him. Article 1977. A private person may file an action on account of a public nuisance, if it is specially injurious to himself. When partnership property is attached for a partnership debt the partners, or any of them, or the representatives of a deceased partner, cannot claim any right under the homestead or exemption laws; (4) A partner's right in specific partnership property is not subject to legal support under article 291. A limited partner also may loan money to and transact other business with the partnership, and, unless he is also a general partner, receive on account of resulting claims against the partnership, with general creditors, a pro rata share of the assets. 1, and 1404 regarding unauthorized contracts shall govern. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. Should there be several guarantors of only one debtor and for the same debt, the obligation to answer for the same is divided among all. All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of creditors, when the donor did not reserve sufficient property to pay all debts contracted before the donation. In construing a contract containing provisions characteristic of both the contract of sale and of the contract of agency to sell, the essential clauses of the whole instrument shall be considered. (145), Article 296. (481), Article 574. Article 1412. Article 1629. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions, unless it is to be presumed that the testator would not have made such other dispositions if the first invalid disposition had not been made. Nevertheless, if the vendee would not have bought the immovable had he known of its smaller area of inferior quality, he may rescind the sale. 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