(n), Art. He is also obliged to advise the owner, with the same urgency, of the need of all repairs included in No. 1639. Where goods are delivered to a carrier by the seller, in accordance with an order from or agreement with the buyer, upon the terms that the goods shall not be delivered by the carrier to the buyer until he has paid the price, whether such terms are indicated by marking the goods with the words "collect on delivery," or otherwise, the buyer is not entitled to examine the goods before the payment of the price, in the absence of agreement or usage of trade permitting such examination. 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. Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract of sale, or has manifested his inability to perform his obligations thereunder, or has committed a breach thereof, the seller may totally rescind the contract of sale by giving notice of his election so to do to the buyer. The laborer's wages shall be paid in legal currency. 1786. Art. 1428. The provisions of Articles 1172 to 1174 are also applicable to a quasi-delict. 2107. Art. 2062. Art. In these cases, the depositary must immediately inform the depositor of the attachment or opposition. 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. 1324. (n). (n), Art. 1575. (1766a), Art. (n), Art. He is also bound to bear the expenses necessary for its preservation and repair. 1988. 2159. The purchaser of a piece of land which is under a lease that is not recorded in the Registry of Property may terminate the lease, save when there is a stipulation to the contrary in the contract of sale, or when the purchaser knows of the existence of the lease. 1311. But the creditor may petition the court for the payment of the debt or the sale of the real property. 1473. 1490. A deposit is a gratuitous contract, except when there is an agreement to the contrary, or unless the depositary is engaged in the business of storing goods. (1855). (n). The decision or attachment need not refer to the property alienated, and need not have been obtained by the party seeking the rescission. Art. (1894a). 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 guarantor of a guarantor shall enjoy the benefit of excussion, both with respect to the guarantor and to the principal debtor. 2227. (1463a), Art. 2188. (1166a), Art. (n), Art. 1419. Implied trusts are those which, without being expressed, are deducible from the nature of the transaction by operation of law as matters of equity, independently of the particular intention of the parties. 1365. (1929a). (1782), Art. 2127. 1757. (1273), Art. The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. Art. If the house helper is unjustly dismissed, he shall be paid the compensation already earned plus that for fifteen days by way of indemnity. 1502. (1850), Art. Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. Art. (n), Art. (1125a), Art. When in a contract between third persons concerning immovable property, one of them is misled by a person with respect to the ownership or real right over the real estate, the latter is precluded from asserting his legal title or interest therein, provided all these requisites are present: (1) There must be fraudulent representation or wrongful concealment of facts known to the party estopped; (2) The party precluded must intend that the other should act upon the facts as misrepresented; (3) The party misled must have been unaware of the true facts; and. In this case the proprietor shall pay the heirs of the contractor in proportion to the price agreed upon, the value of the part of the work done, and of the materials prepared, provided the latter yield him some benefit. (1128a). But the compromise may be annulled or rescinded if it refers only to one thing to which one of the parties has no right, as shown by the newly-discovered documents. Art. 1221. (1139), Art. (n), Art. (n). When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation. 1452. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns. The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. 2001. From that moment, the parties may reciprocally demand performance, subject to the provisions of the law governing the form of contracts. Should fungible things be sold for a price fixed according to weight, number, or measure, the risk shall not be imputed to the vendee until they have been weighed, counted, or measured and delivered, unless the latter has incurred in delay. Art. 2147. (1825a). There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. On dissolution the partnership is not terminated, but continues until the winding up of partnership affairs is completed. Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. An implied trust arising from mortgage contracts is not among the trust relationships the Civil Code enumerates. 1546. Art. Therefore, the debtor's heir who has paid a part of the debt cannot ask for the proportionate extinguishment of the pledge or mortgage as long as the debt is not completely satisfied. In the case of the preceding article, the vendee may demand of all the vendors or co-heirs that they come to an agreement upon the purchase of the whole thing sold; and should they fail to do so, the vendee cannot be compelled to consent to a partial redemption. 1599. Any clause giving one of the parties power to choose more arbitrators than the other is void and of no effect. 1867. (n), Art. If the borrower pays interest when there has been no stipulation therefor, the provisions of this Code concerning solutio indebiti, or natural obligations, shall be applied, as the case may be. Art. (n). (n), Art. 1340. 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. (1669), Art. (1710a), Art. (1470a), Art. 1777. Unless there is a stipulation to the contrary, the depositary cannot deposit the thing with a third person. 1723. When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with. (1095). An implied trust may be proved by oral evidence. The commission agent shall be responsible for the goods received by him in the terms and conditions and as described in the consignment, unless upon receiving them he should make a written statement of the damage and deterioration suffered by the same. Art. (1109a). 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. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. The procedure for the reformation of instrument shall be governed by rules of court to be promulgated by the Supreme Court. (1665a), Art. 1845. Does the Use of father’s surname grant legitimacy to child? When through an accident or other cause a person is injured or becomes seriously ill, and he is treated or helped while he is not in a condition to give consent to a contract, he shall be liable to pay for the services of the physician or other person aiding him, unless the service has been rendered out of pure generosity. The creditor does not acquire the ownership of the real estate for non-payment of the debt within the period agreed upon. Art. (1876), Art. An implied trust arising from mortgage contracts is not among the trust relationships the Civil Code enumerates.14 The Code itself provides, however, that such listing “does not exclude others established by the general law on trust x x x.”15 Under the general principles on trust, equity converts the holder of property right as trustee for the benefit of another if the circumstances of its acquisition makes the holder ineligible “in x x x good conscience [to] hold and enjoy [it].”16 As implied trusts are remedies against unjust enrichment, the “only problem of great importance in the field of constructive trusts is whether in the numerous and varying factual situations presented x x x there is a wrongful holding of property and hence, a threatened unjust enrichment of the defendant.”17. 1368. Ratification extinguishes the action to annul a voidable contract. Advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears. (1) Upon the loss or destruction of the thing deposited; (2) In case of a gratuitous deposit, upon the death of either the depositor or the depositary. Confusion which takes place in the person of any of the latter does not extinguish the obligation. For the determination of the applicable law in cases which are not specified elsewhere in this Code, the following articles shall be observed: (Pars. 1, and 2242, No. Acceptance of the work by the employer relieves the contractor of liability for any defect in the work, unless: (1) The defect is hidden and the employer is not, by his special knowledge, expected to recognize the same; or, (2) The employer expressly reserves his rights against the contractor by reason of the defect. 1237. An industrial partner cannot engage in business for himself, unless the partnership expressly permits him to do so; and if he should do so, the capitalist partners may either exclude him from the firm or avail themselves of the benefits which he may have obtained in violation of this provision, with a right to damages in either case. Art. 1558. 1557. Art. (n), Art. 1912. (1106). Art. In order that the price may be considered certain, it shall be sufficient that it be so with reference to another thing certain, or that the determination thereof be left to the judgment of a special person or persons. 2112. (1162a). The capitalist partners cannot engage for their own account in any operation which is of the kind of business in which the partnership is engaged, unless there is a stipulation to the contrary. (n), Art. Art. 1253. (1555), Art. An agreement waiving or limiting the contractor's liability for any defect in the work is void if the contractor acted fraudulently. 1882. The profit the seller would have made if the contract or the sale had been fully performed shall be considered in awarding the damages. The parties may stipulate that ownership in the thing shall not pass to the purchaser until he has fully paid the price. (n), Art. The court may award nominal damages in every obligation arising from any source enumerated in Article 1157, or in every case where any property right has been invaded. Art. (n), (1) If the owner has expressly or tacitly ratified the management, or, (2) When the contract refers to things pertaining to the owner of the business. 1679. 1895. In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. 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. 1791. In order to judge the intention of the contracting parties, their contemporaneous and subsequent acts shall be principally considered. 2026. 1721. 1607. (1272), Art. 1635. 2116. 1759. (n). (1203), Art. (1101), Art. Where the goods are of perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price for an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods. (4) The party defrauded must have acted in accordance with the misrepresentation. The bailor shall refund the extraordinary expenses during the contract for the preservation of the thing loaned, provided the bailee brings the same to the knowledge of the bailor before incurring them, except when they are so urgent that the reply to the notification cannot be awaited without danger. 1178. Art. The purpose of the obligation and other circumstances shall be taken into consideration. 1580. 1693. Travel Clearance Required for Travel of Minors Abroad. 1565. (1872a). (1160a), Art. 1578. 2212. The provisions of this article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him. 1422. Art. Art. 1880. (c) Those owing to partners in respect of capital. (n), Art. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied. If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee. Art. 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