Extraordinary fortuitous events are understood to be: fire, war, pestilence, unusual flood, locusts, earthquake, or others which are uncommon, and which the contracting parties could not have reasonably foreseen. Aleatory contracts are often used as part of an insurance policy. ", 141 Cal. If he has alienated it, he shall return the price or assign the action to collect the sum. (n), TITLE VIPROPERTY RELATIONS BETWEEN HUSBAND AND WIFE. In every action by the creditor, which must be against the principal debtor alone, except in the cases mentioned in article 2059, the former shall ask the court to notify the guarantor of the action. The principles of the general law on damages are hereby adopted insofar as they are not inconsistent with this Code. A third person with whom the agent wishes to contract on behalf of the principal may require the presentation of the power of attorney, or the instructions as regards the agency. 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. Article 708. (514), Article 605. 4. If, however, a negotiable document of title has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the right of any purchaser for value in good faith to whom such document has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier, or other bailee who issued such document, of the seller's claim to a lien or right of stoppage in transitu. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. If the marriage is dissolved by the death of the husband, and the mother contracted another marriage within three hundred days following such death, these rules shall govern: (1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is disputably presumed to have been conceived during the former marriage, provided it be born within three hundred days after the death of the former husband: (2) A child born after one hundred eighty days following the celebration of the subsequent marriage is prima facie presumed to have been conceived during such marriage, even though it be born within three hundred days after the death of the former husband. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have some interest therein. Article 214. Should the deposit consist of money, the provisions relative to agents in article 1896 shall be applied to the depositary. (360a), Article 448. Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. They shall not prejudice third persons unless they are recorded in the Registry of Property. For the reduction of donations the provisions of this Chapter and of articles 911 and 912 of this Code shall govern. Fixed-odds betting and Parimutuel betting frequently occur at many types of sporting events, and political elections. [10], Gambling has been a main recreational activity in Great Britain for centuries. (3) A right to bid may be reserved expressly by or on behalf of the seller, unless otherwise provided by law or by stipulation. Property left by will is not deemed subject to collation, if the testator has not otherwise provided, but the legitime shall in any case remain unimpaired. The same things donated are not to be brought to collation and partition, but only their value at the time of the donation, even though their just value may not then have been assessed. Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith. Article 477. Article 232. (n). An extension granted to the debtor by the creditor without the consent of the guarantor extinguishes the guaranty. (1875a), Article 2126. Natural obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. Where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer, except in the cases provided for in article 1503, first, second and third paragraphs, or unless a contrary intent appears. (1297a). Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees. Article 1369. (1183a), Article 1266. Article 638. Jur. In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. Article 1612. In other words, no action is taken unless there is a specified activity taking place. (614a), Article 758. It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is preferred, even without the debtor's knowledge; (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter's share. (1198a), Article 1286. (1542), ARTICLE 1643. The right referred to in article 1601, in the absence of an express agreement, shall last four years from the date of the contract. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. Article 751. Contracts may come in many forms, each with its own use and purpose. (n), Article 1598. In any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land. In order to judge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the criterion. The husband is responsible for the support of the wife and the rest of the family. (1070a), SUBSECTION 3. The marriage settlements and any modification thereof shall be governed by the Statute of Frauds, and executed before the celebration of the marriage. Article 552. (33). Article 1076. Pihak yang memenuhi kapasitas legal adalah: Orang dewasa yang sehat mental dan fisik. Article 37. Whether or not a contract is unconscionable is a matter left for interpretation by the courts. This provision shall also apply in case of the division of a thing owned in common by two or more persons. Contracts under seal were in use long prior to the development of the requirement of consideration. If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. Article 1855. Triggering events include job loss, retirement, or death, and are typical for many types of contracts. (769a), Article 848. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement. (1272), Article 1349. The following shall be beneficiaries of the family home; (3) His or her parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or otherwise, who are living in the family home and who depend upon him for support. Article 234. Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion. The right to hunt and to fish is regulated by special laws. This Code shall take effect one year after such publication. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished; (2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered; (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor; (4) If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case; (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor; (6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary. Obligations and Contracts by De Owners of enterprises and other employers are obliged to pay compensation for the death of or injuries to their laborers, workmen, mechanics or other employees, even though the event may have been purely accidental or entirely due to a fortuitous cause, if the death or personal injury arose out of and in the course of the employment. In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. (n), Article 1903. It is a contract whose fulfillment depends upon chance such as insurance contract. In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee's will. Real Estate Express Final Exam The partition made by the testator cannot be impugned on the ground of lesion, except when the legitime of the compulsory heirs is thereby prejudiced, or when it appears or may reasonably be presumed, that the intention of the testator was otherwise. (561), Article 647. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. Article 1074. (1062), Article 1087. Article 699. Article 1832. (761a), Article 1036. (577), Article 665. In what way are insurance policies said to be aleatory? A stipulation which excludes one or more partners from any share in the profits or losses is void. A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to show or prove it. (454), Article 549. Article 1044. Q:1-In purchasing an insurance contract, the applicant must accept the contract as written. Cancellable contract: Health insurance contract that may be terminated by the company or that is renew able at its option. A participant becomes disabled, as described under the plan. Article 1562. The dispositions of the testator declaring all or part of the estate inalienable for more than twenty years are void. (10a). If the guarantor should be convicted in first instance of a crime involving dishonesty or should become insolvent, the creditor may demand another who has all the qualifications required in the preceding article. Article 117. Payments of rent in advance by the sublessee shall be deemed not to have been made, so far as the lessor's claim is concerned, unless said payments were effected in virtue of the custom of the place. Even though the owner did not derive any benefit and there has been no imminent and manifest danger to the property or business, the owner is liable as under the first paragraph of the preceding article, provided: (1) The officious manager has acted in good faith, and, (2) The property or business is intact, ready to be returned to the owner. Only movable things may be the object of a deposit. (n), Article 2116. (859), Article 927. A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. Until then the responsibility of the debtor shall be governed by the following rules: (1) If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists; (2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages; (3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages. The purpose of the co-ownership may be changed by agreement, express or implied. (n), Article 781. (130), Article 278. (549), Article 635. Where a resale is made, as authorized in this article, the buyer acquires a good title as against the original buyer. Every concession for the use of waters is understood to be without prejudice to third persons. The government promotes the full growth of the faculties of every child. (n). (150). If it be simple or indefinite, it shall compromise not only the principal obligation, but also all its accessories, including the judicial costs, provided with respect to the latter, that the guarantor shall only be liable for those costs incurred after he has been judicially required to pay. A contract of insurance is an agreement whereby one party, called the insurer, undertakes, in return for an agreed consideration, called the premium, to pay the other party, namely the insured, a sum of money or its equivalent in kind, upon the occurrence of a specified event resulting in a loss to him. (n), Article 1960. Article 1884. contain an offer and acceptance. However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter. (n). Article 1596. Rescinding Contracts. (1395), SECTION 2Exclusive Property of Each Spouse. Article 592. On an overall basis, if the Premiums received are sufficient to cover the remuneration paid to intermediaries, expenses, management expenses, profit-margins as well as Claims, insurance business would be viable. Article 39. (363a), Article 451. (1676), Article 1782. (596). (1845) ARTICLE 2075. Article 405. (1545a), Article 1646. In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. (d) Those owing to partners in respect of profits. Article 1811. Emotional or physical risk-taking, where the risk-return ratio is not quantifiable (e.g., Situations where the possible return is of secondary importance to the wager/purchase (e.g. Guardians of the property of minors, appointed by the courts before this Code goes into effect, shall continue to act as such, notwithstanding the provisions of article 320. (1833a), Article 2062. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor. (1489a), Article 1571. (n). (1850), Article 2079. The exhibition of baptismal or birth certificates shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. The principles of estoppel are hereby adopted insofar as they are not in conflict with the provisions of this Code, the Code of Commerce, the Rules of Court and special laws. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. If the testator orders the payment of what he believes he owes but does not in fact owe, the disposition shall be considered as not written. When during a fire, flood, storm, or other calamity, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation. (n). (n), Article 730. The following are of private ownership: (1) Continuous or intermittent waters rising on lands of private ownership, while running through the same; (2) Lakes and lagoons, and their beds, formed by Nature on such lands; (3) Subterranean waters found on the same; (4) Rain waters falling on said lands, as long as they remain within the boundaries; (5) The beds of flowing waters, continuous or intermittent, formed by rain water, and those of brooks, crossing lands which are not of public dominion. The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary. Warranty Against Hidden Defects of or Encumbrances Upon the Thing Sold, Article 1561. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. He who believes that he has an action or a right to deprive another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to deliver the thing. (8a). (316a), Article 399. Article 1248. "Diffusion of an economic development policy innovation: Explaining the international spread of casino gambling. a) Loss of hearing in one ear b) Loss of one hand or one foot c) Loss of two limbs d) Loss of one eye, The regulation of the insurance industry primarily rests with a) The NAIC. They signed an abusive contract in order to give him the position. Article 1165. Article 146. Article 281. (3) If the devise or legacy consists of a usufruct or life annuity, whose value may be considered greater than that of the disposable portion, the compulsory heirs may choose between complying with the testamentary provision and delivering to the devisee or legatee the part of the inheritance of which the testator could freely dispose. A partition which includes a person believed to be an heir, but who is not, shall be void only with respect to such person. (n), Article 1346. (1566a), Article 1671. (n), Article 2189. (n), Article 2101. A natural child acknowledged by both parents shall principally use the surname of the father. (n), Article 1953. (1463a), Article 1500. Article 1583. If one of the parties fails or refuses to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand. (n), Article 144. Upon the dissolution of the conjugal partnership, an inventory shall be formed, but such inventory shall not be necessary: (1) If, after the dissolution of the partnership, one of the spouses should have renounced its effects and consequences in due time; or, (2) When separation of property has preceded the dissolution of the partnership. Such application shall insofar as possible contain the following data: (4) Civil status (single, widow or widower, or divorced); (5) If divorced, how and when the previous marriage was dissolved; (7) Degree of relationship of the contracting parties; (12) Full name and residence of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty years, if a male, or eighteen years if a female. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent. Should the work be not of such quality, the employer may require that the contractor remove the defect or execute another work. (318), Article 401. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership. (n). Should the thing in usufruct be expropriated for public use, the owner shall be obliged either to replace it with another thing of the same value and of similar conditions, or to pay the usufructuary the legal interest on the amount of the indemnity for the whole period of the usufruct. The involvement of governments, through regulation and taxation, has led to a close connection between many governments and gambling organizations, where legal gambling provides significant government revenue, such as in Monaco and Macau, China. Such damages are separate and distinct from fines and shall be paid to the offended party. Agreements, the meaning of which is not certain, or capable of being made certain, are void. [16] It has also been suppressed by law in many areas for almost as long. Article 1458. (1879), Article 2130. The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by article 546. 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