If two or more partners have been intrusted with the management of the partnership without specification of their respective duties, or without a stipulation that one of them shall not act without the consent of all the others, each one may separately execute all acts of administration, but if any of them should oppose the acts of the others, the decision of the majority shall prevail. When a minor between eighteen and twenty-one years of age who has entered into a contract without the consent of the parent or guardian, after the annulment of the contract voluntarily returns the whole thing or price received, notwithstanding the fact the he has not been benefited thereby, there is no right to demand the thing or price thus returned. Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest. 1704. (n). But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. 2191. (4) The partners shall contribute, as provided by article 1797, the amount necessary to satisfy the liabilities. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. 1501. When there is solidarity or the thing does not admit of division, the provisions of Articles 1212 and 1214 shall govern. Art. 2022. Art. If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt. If the lessee makes, in good faith, useful improvements which are suitable to the use for which the lease is intended, without altering the form or substance of the property leased, the lessor upon the termination of the lease shall pay the lessee one-half of the value of the improvements at that time. 1688. 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. When a third person, without the knowledge of the debtor, pays the debt, the rights of the former are governed by Articles 1236 and 1237. The fact that travellers are constrained to rely on the vigilance of the keeper of the hotels or inns shall be considered in determining the degree of care required of him. (n), Art. The substituted limited partner has all the rights and powers, and is subject to all the restrictions and liabilities of his assignor, except those liabilities of which he was ignorant at the time he became a limited partner and which could not be ascertained from the certificate. No action can be maintained by the winner for the collection of what he has won in a game of chance. (n), Art. Art. When in a small community a nationality of the inhabitants of age decide upon a measure for protection against lawlessness, fire, flood, storm or other calamity, any one who objects to the plan and refuses to contribute to the expenses but is benefited by the project as executed shall be liable to pay his share of said expenses. 1932. (1580a), Art. Art. Nevertheless, the creditor may bring the actions which pertain to the owner of the thing pledged in order to recover it from, or defend it against a third person. 1881. (Rule 1), Art. He is not prejudiced by any waiver of defense by the principal obligor. 1886. (1124), Art. (n), Art. Art. (1196), Art. (1801a). In the cases of Articles 1561, 1562, 1564, 1565 and 1566, the vendee may elect between withdrawing from the contract and demanding a proportionate reduction of the price, with damages in either case. Simulation of a contract may be absolute or relative. 1216. Subrogation of a third person in the rights of the creditor is either legal or conventional. 2145. (1448), Art. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty, or penalty. But the revocation or modification of these acts and contracts after the beginning of the effectivity of this Code, shall be subject to the provisions of this new body of laws. (n), Art. (n), Art. A conveyance by a partner of his whole interest in the partnership does not of itself dissolve the partnership, or, as against the other partners in the absence of agreement, entitle the assignee, during the continuance of the partnership, to interfere in the management or administration of the partnership business or affairs, or to require any information or account of partnership transactions, or to inspect the partnership books; but it merely entitles the assignee to receive in accordance with his contract the profits to which the assigning partner would otherwise be entitled. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. (1454a), Art. 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. 1741. The expropriation of property for public use is governed by special laws. Art. 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. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor. 1242. (1169a). If the assignment is made without the knowledge of the debtor, he may set up the compensation of all credits prior to the same and also later ones until he had knowledge of the assignment. 1635. The sale of the thing pledged shall extinguish the principal obligation, whether or not the proceeds of the sale are equal to the amount of the principal obligation, interest and expenses in a proper case. (1890a). (1121a). 2255. (3) After he has six months' notice in writing to all other members, if no time is specified in the certificate, either for the return of the contribution or for the dissolution of the partnership. 1279. Neither shall rescission take place when the things which are the object of the contract are legally in the possession of third persons who did not act in bad faith. 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. 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. It is not necessary that such overt act should be communicated to the buyer, but the giving or failure to give notice to the buyer of the intention to rescind shall be relevant in any issue involving the question whether the buyer had been in default for an unreasonable time before the right of rescission was asserted. (1498), Art. Without prejudice to the provisions of Article 2212, interest due and unpaid shall not earn interest. A universal partnership may refer to all the present property or to all the profits. Art. (n). 1530. If the period for the lease has not been fixed, it is understood to be from year to year, if the rent agreed upon is annual; from month to month, if it is monthly; from week to week, if the rent is weekly; and from day to day, if the rent is to be paid daily. (n). 1714. 2020. 2065. Art. The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. There is fraud when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to. The creditor to whom the credit has not been satisfied in due time, may proceed before a Notary Public to the sale of the thing pledged. The same rule shall apply if the person who sold an immovable alone has left several heirs, in which case each of the latter may only redeem the part which he may have acquired. This same rule shall be observed if he does it in contravention of the tenor of the obligation. 1829. (n), Art. When through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting the instrument or of the clerk or typist, the instrument does not express the true intention of the parties, the courts may order that the instrument be reformed. 2088. The action for annulment shall be brought within four years. (n), Art. 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. 2. If no place has been designated for the return, it shall be made where the thing deposited may be, even if it should not be the same place where the deposit was made, provided that there was no malice on the part of the depositary. Art. In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition. (1677), Art. 1591. (n), Art. (1146a), Art. (1678). Art. (1117). (1755a), Art. (n). 1978. Contracts infringing the Statute of Frauds, referred to in No. (n). 1652. Art. Even in these cases he shall only be liable for the price received and for the expenses specified in No. (n), Art. (1446a). Art. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. (n), If the time and place should not have been stipulated, the payment must be made at the time and place of the delivery of the thing sold. … (1835a), Art. The appointment of arbitrators and the procedure for arbitration shall be governed by the provisions of such rules of court as the Supreme Court shall promulgate. In the determination of the interest, if it is payable in kind, its value shall be appraised at the current price of the products or goods at the time and place of payment. An agreement to constitute a deposit is binding, but the deposit itself is not perfected until the delivery of the thing. (1470a), Art. (3) By the death, civil interdiction, insanity or insolvency of the principal or of the agent; (4) By the dissolution of the firm or corporation which entrusted or accepted the agency; (5) By the accomplishment of the object or purpose of the agency; (6) By the expiration of the period for which the agency was constituted. Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law. If the creditor communicated the cession to him but the debtor did not consent thereto, the latter may set up the compensation of debts previous to the cession, but not of subsequent ones. It is not essential to the validity of resale that notice of an intention to resell the goods be given by the seller to the original buyer. 1433. 2055. 1845. (1145a), Art. The choice shall produce no effect except from the time it has been communicated. Art. When adverse possession had been commenced before the sale but the prescriptive period is completed after the transfer, the vendor shall not be liable for eviction. Otherwise, he shall be liable for damages. In the case of a contract of sale by sample, if the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. (1754a), Art. Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest. If any other bid is accepted, the pledgee is deemed to have been received the purchase price, as far as the pledgor or owner is concerned. (n), Art. 1799. When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be reformed. In the following cases an agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents: (b) A special promise to answer for the debt, default, or miscarriage of another; (c) An agreement made in consideration of marriage, other than a mutual promise to marry; (d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos, unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such things in action or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers and person on whose account the sale is made, it is a sufficient memorandum; (e) An agreement of the leasing for a longer period than one year, or for the sale of real property or of an interest therein; (f) A representation as to the credit of a third person. A stipulation that the common carrier's liability is limited to the value of the goods appearing in the bill of lading, unless the shipper or owner declares a greater value, is binding. Where a negotiable document of title is transferred for value by delivery, and the endorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to endorse the document unless a contrary intention appears. The vendee need not appeal from the decision in order that the vendor may become liable for eviction. 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. (d) Those owing to partners in respect of profits. Art. (1884a), Art. 2054. 1903. 1217. (1852), Art. 1325. Furthermore, it may be decreed that what has been poorly done be undone. The right referred to in Article 1601, in the absence of an express agreement, shall last four years from the date of the contract. (1528). (1748a), In case of temporary use by the bailor, the contract of commodatum is suspended while the thing is in the possession of the bailor. All the fruits shall pertain to the vendee from the day on which the contract was perfected. 1263. If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been contemplated, bearing in mind the nature of the obligation. 1604. (1750a). He may exercise this right of action, instead of enforcing the vendor's liability for eviction. If the document is non-negotiable, such person also acquires the right to notify the bailee who issued the document of the transfer thereof, and thereby to acquire the direct obligation of such bailee to hold possession of the goods for him according to the terms of the document. (n), Art. Rights to the inheritance of a person who died, with or without a will, before the effectivity of this Code, shall be governed by the Civil Code of 1889, by other previous laws, and by the Rules of Court. 1293. Art. (n), Art. 1994. But nothing in this Title contained shall be construed as limiting or defining the effect upon the obligations of the carrier, warehouseman, or other bailee issuing a document of title or placing thereon the words "not negotiable,"  "non-negotiable," or the like. Art. If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acquiescence of the lessor, and unless a notice to the contrary by either party has previously been given, it is understood that there is an implied new lease, not for the period of the original contract, but for the time established in Articles 1682 and 1687. 1411. (n). This provision shall not apply if the contrary has been stipulated, and the vendor was not aware of the hidden faults or defects in the thing sold. Nothing in this article shall be held to modify any right of creditors to set aside any assignment on the ground of fraud. 1690. The co-debtors, guarantors and sureties shall be released. Art. 2260. 1894. (2) None of the partners may, without the consent of the others, make any important alteration in the immovable property of the partnership, even if it may be useful to the partnership. Art. (n). Art. Art. 1396. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. (n), Art. (1458a). 1332. Art. There is no mistake if the party alleging it knew the doubt, contingency or risk affecting the object of the contract. A common carrier is responsible for injuries suffered by a passenger on account of the wilful acts or negligence of other passengers or of strangers, if the common carrier's employees through the exercise of the diligence of a good father of a family could have prevented or stopped the act or omission. 1989. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. 1964. Should the agent have advanced them, the principal must reimburse him therefor, even if the business or undertaking was not successful, provided the agent is free from all fault. 2128. 1853. 2183. 1451. A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. Art. If he was not aware of them, he shall only return the price and interest thereon, and reimburse the expenses of the contract which the vendee might have paid. There is no warranty against hidden defects of animals sold at fairs or at public auctions, or of live stock sold as condemned. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter. 1296. (n), Art. Where such third person or persons are prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have such remedies against the party in fault as are allowed the seller or the buyer, as the case may be. (1303a), Art. Art. Any stipulation against the liability laid down in the preceding article shall be void, except as among the partners. The period of ten days referred to in said article shall be counted from the time the appeal is perfected. Withholding of the wages, except for a debt due, shall not be made by the employer. 1674. Read reviews from world’s largest community for readers. 1671. (1907). (2) Article 4. 1626. In the absence of stipulation, the risk of the things brought and appraised in the inventory, shall also be borne by the partnership, and in such case the claim shall be limited to the value at which they were appraised. (1) When the owner repudiates it or puts an end thereto; (2) When the officious manager withdraws from the management, subject to the provisions of Article 2144; (3) By the death, civil interdiction, insanity or insolvency of the owner or the officious manager. Art. Art. (n), Art. Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property. 1757. 1625. (n). If two or more persons have appointed an agent for a common transaction or undertaking, they shall be solidarily liable to the agent for all the consequences of the agency. Art. (n). A contract fixing the sum that may be recovered. Contracts which be be proven by oral or parol evidence (i.e. A limited partner shall not receive from a general partner or out of partnership property any part of his contributions until: (1) All liabilities of the partnership, except liabilities to general partners and to limited partners on account of their contributions, have been paid or there remains property of the partnership sufficient to pay them; (2) The consent of all members is had, unless the return of the contribution may be rightfully demanded under the provisions of the second paragraph; and. The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question. (n), Art. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. 1754. (1154a). 1249. 1 and 2 of this article, with the consent of the retired partners or the representative of the deceased partner, but without any assignment of his right in partnership property; (4) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership; (5) When any partner wrongfully causes a dissolution and the remaining partners continue the business under the provisions of article 1837, second paragraph, No. This burden of proof on the lessee does not apply when the destruction is due to earthquake, flood, storm or other natural calamity. 1412. 1983. (1267a), Art. The pledgee is responsible for the acts of his agents or employees with respect to the thing pledged. Philippines Civil Code Article 1151. 1683. Any stipulation that the arbitrators' award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040. 1547. (1481a), Art. When all the requisites mentioned in Article 1279 are present, compensation takes effect by operation of law, and extinguishes both debts to the concurrent amount, even though the creditors and debtors are not aware of the compensation. 2201. (1849), Art. The provisions of the two preceding articles shall apply to judicial sales. If the house helper leaves without justifiable reason, he shall forfeit any salary due him and unpaid, for not exceeding fifteen days. Art. The passenger must observe the diligence of a good father of a family to avoid injury to himself. When the thing deposited is delivered closed and sealed, the depositary must return it in the same condition, and he shall be liable for damages should the seal or lock be broken through his fault. 1800. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. 1376. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. (n). 2125. 1449. 2234. The pledgee is bound to advise the pledgor, without delay, of any danger to the thing pledged. (b) The contributions of the partners necessary for the payment of all the liabilities specified in No. Such damages are separate and distinct from fines and shall be paid to the offended party. (n), Art. (1275a), Art. 2009. 1584. (n), Art. 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