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Civil Law of the Philippines Civil Code of the Philippines

Details: Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a) Art. 16. Real property as well as personal property is …

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Chapter 1 [Articles 1-18] Civil Law of the Philippines

Details: Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. (11a) Art. 18.

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Civil Law of the Philippines Civil Code of the

Details: The right to hunt and to fish is regulated by special laws. (611) Art. 716. The owner of a swarm of bees shall have a right to pursue them to another’s land, indemnifying the possessor of the latter for the damage. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or

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Civil Law of the Philippines Civil Code of the

Details: Art. 1116. Prescription already running before the effectivity of this Code shall be governed by laws previously in force; but if since the time this Code took effect the entire period herein required for prescription should elapse, the present Code shall be applicable, even though by the former laws a longer period might be required. (1939)

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General Provisions Civil Law of the Philippines

Details: Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. (1092a) Art. 1162.

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Book 4: Obligations & Contracts Civil Law of the …

Details: Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. (1092a) Art. 1162.

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01. Civil Personality Civil Law of the Philippines

Details: Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them. Private corporations are regulated by laws of general application on the subject. Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships.

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Legal or Intestate Succession Civil Law of the Philippines

Details: Title IV. – SUCCESSION. CHAPTER 3 > LEGAL OR INTESTATE SUCCESSION. SECTION 1. – General Provisions. Art. 960. Legal or intestate succession takes place:

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15. Emancipation & Age of Majority Civil Law of the

Details: Art. 404. An orphan who is minor may, at the instance of any relative or other person, obtain emancipation by concession upon an order of the Court of First Instance. (322a) Art. 405. For the concession and approval referred to in the preceding article it is necessary: (1) That the minor be eighteen years of age; (2) That he consent thereto

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Obligations of the Vendor Civil Law of the Philippines

Details: (1) The provisions of any factors’ act, recording laws, or any other provision of law enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; (2) The validity of any contract of sale under statutory power of sale or under the order of a court of competent jurisdiction;

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Nature & Effect of Obligations Civil Law of the Philippines

Details: Art. 1175. Usurious transactions shall be governed by special laws. (n) Art. 1176. The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid.

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03. Marriage Civil Law of the Philippines

Details: The existing laws which punish acts or omissions concerning the marriage license, solemnization of marriage, authority to solemnize marriages, and other acts or omissions relative to the celebration of marriage shall remain and continue to be in force. (n) Leave a comment. Filed under 03. Marriage

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Easements in General Civil Law of the Philippines

Details: Title VII. – EASEMENTS OF SERVITUDES. CHAPTER 1 > EASEMENTS IN GENERAL. SECTION 1. – Different Kinds of Easements. Art. 613. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner.

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01. Obligations Civil Law of the Philippines

Details: Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. (1092a) Art. 1162.

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02. Ownership Civil Law of the Philippines

Details: Art. 437. The owner of a parcel of land is the owner of its surface and of everything under it, and he can construct thereon any works or make any plantations and excavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. He cannot complain of the reasonable requirements of aerial navigation.

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Rights & Obligations Between Husband & Wife Civil Law of

Details: Book 1: Title V. – RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE. Art. 109. The husband and wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support. (56a) Art. 110. The husband shall fix the residence of the family. But the court may exempt the wife from living with the husband if he should

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03. Donations Civil Law of the Philippines

Details: Title III. – DONATION. CHAPTER 3 > EFFECT OF DONATIONS AND LIMITATIONS THEREON. Art. 750. The donations may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law

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Age of Majority Civil Law of the Philippines

Details: Art. 402. Majority commences upon the attainment of the age of twenty-one years. The person who has reached majority is qualified for all acts of civil life, save the exceptions established by this Code in special cases. (320a) Art. 403. Notwithstanding the provisions of the preceding article, a daughter above twenty-one but below twenty-three

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06. Sales Civil Law of the Philippines

Details: The expropriation of property for public use is governed by special laws. (1456) Leave a comment. Filed under 06. Sales. Tagged as Nature & Form of the Contract. March 9, 2010 · 1:51 pm Book 4: Obligations & Contracts. Title VI. – SALES. CHAPTER 2 > CAPACITY TO BUY OR SELL. Art. 1489. All persons who are authorized in this Code to obligate

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11. Loan Civil Law of the Philippines

Details: The borrower may recover in accordance with the laws on usury. (n) Art. 1958. 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. (n) Art. 1959. Without prejudice to the provisions of Article 2212, interest due and unpaid

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Book 4: Obligations & Contracts Civil Law of the Philippines

Details: Book 4: Obligations & Contracts. Art. 1440. A person who establishes a trust is called the trustor; one in whom confidence is reposed as regards property for the benefit of another person is known as the trustee; and the person for whose benefit the trust has been created is referred to as the beneficiary. Art. 1441.

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Book 4: Obligations & Contracts Civil Law of the

Details: Interest paid in excess of the interest allowed by the usury laws may be recovered by the debtor, with interest thereon from the date of the payment. Art. 1414. When money is paid or property delivered for an illegal purpose, the contract may be repudiated by one of the parties before the purpose has been accomplished, or before any damage has

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0. Chapter 2: Human Relations Civil Law of the Philippines

Details: Chapter 2 [Articles 19-36] Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same. Art. 21.

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Book 3: Different Modes of Acquiring Ownership Civil Law

Details: The right to hunt and to fish is regulated by special laws. (611) Art. 716. The owner of a swarm of bees shall have a right to pursue them to another’s land, indemnifying the possessor of the latter for the damage. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or

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The Family Home Civil Law of the Philippines

Details: SECTION 1. – General Provisions. Art. 223. The family home is the dwelling house where a person and his family reside, and the land on which it is situated. If constituted as herein provided, the family home shall be exempt from execution, forced sale or attachment, except as provided in Articles 232 and 243. Art. 224.

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Work & Labor Civil Law of the Philippines

Details: Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects. Art. 1701. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public.

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Book 3: Different Modes of Acquiring Ownership Civil Law

Details: Book 3: Different Modes of Acquiring Ownership. Title IV. – SUCCESSION. CHAPTER 4 > PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS. SECTION 1. – Right of Accretion. Art. 1015. 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 …

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11. Parental Authority Civil Law of the Philippines

Details: Parental authority shall, in such case, be exercised as if the child were their own by nature. (n) Art. 337. Any person, even if of age, may be adopted, provided the adopter is sixteen years older. (173a) Art. 338. The following may be adopted: (1) The natural child, by the natural father or mother;

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13. Aleatory Contracts Civil Law of the Philippines

Details: Title XIII. – ALEATORY CONTRACTS. Art. 2011. The contract of insurance is governed by special laws. Matters not expressly provided for in such special laws shall be regulated by this Code. (n) Art. 2012. Any person who is forbidden from receiving any donation under Article 739 cannot be named beneficiary of a life insurance policy by the

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05. Trusts Civil Law of the Philippines

Details: Posts about 05. Trusts written by 143lawyer. Title V. – TRUSTS (n) CHAPTER 1 > GENERAL PROVISIONS. Art. 1440. A person who establishes a trust is called the trustor; one in whom confidence is reposed as regards property for the benefit of another person is known as the trustee; and the person for whose benefit the trust has been created is referred to as the …

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Void & Inexistent Contracts Civil Law of the Philippines

Details: Interest paid in excess of the interest allowed by the usury laws may be recovered by the debtor, with interest thereon from the date of the payment. Art. 1414. When money is paid or property delivered for an illegal purpose, the contract may be repudiated by one of the parties before the purpose has been accomplished, or before any damage has

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Obligations of the Principal Civil Law of the Philippines

Details: Book 4: Obligations & Contracts. Art. 1910. The principal must comply with all the obligations which the agent may have contracted within the scope of his authority. As for any obligation wherein the agent has exceeded his power, the principal is not bound except when he ratifies it expressly or tacitly. (1727) Art. 1911.

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Revocation & Reduction of Donations Civil Law of the

Details: Art. 762. Upon the revocation or reduction of the donation by the birth, appearance or adoption of a child, the property affected shall be returned or its value if the donee has sold the same. If the property is mortgaged, the donor may redeem the mortgage, by paying the amount guaranteed, with a right to recover the same from the donee.

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16. Pleadge. Mortgage & Antichresis Civil Law of the

Details: Art. 2138. The contracting parties may stipulate that the interest upon the debt be compensated with the fruits of the property which is the object of the antichresis, provided that if the value of the fruits should exceed the amount of interest allowed by the laws against usury, the excess shall be applied to the principal. (1885a) Art. 2139.

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07. Easements of Servitudes Civil Law of the Philippines

Details: Art. 635. All matters concerning easements established for public or communal use shall be governed by the special laws and regulations relating thereto, and, in the absence thereof, by the provisions of this Title. (550) Art. 636.

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Actual or Compensatory Damages Civil Law of the Philippines

Details: Such compensation is referred to as actual or compensatory damages. Art. 2200. 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. (1106) Art. 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is

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18. Damages Civil Law of the Philippines

Details: The rules under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code. Compensation for workmen and other employees in case of death, injury or illness is regulated by special laws. Rules governing damages laid down in other laws shall be observed insofar as they are not in conflict with this Code.

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Book 2: Property. Ownership. & Its Modifications Civil

Details: Title IV. – SOME SPECIAL PROPERTIES. CHAPTER 3 > TRADE-MARKS AND TRADE-NAMES. Art. 520. A trade-mark or trade-name duly registered in the proper government bureau or office is owned by and pertains to the person, corporation, or firm registering the same, subject to the provisions of special laws.

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Legal Easements Civil Law of the Philippines

Details: Art. 634. Easements imposed by law have for their object either public use or the interest of private persons. (549) Art. 635. All matters concerning easements established for public or communal use shall be governed by the special laws and regulations relating thereto, and, in the absence thereof, by the provisions of this Title. (550) Art. 636.

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Authority to Solemnize Marriages Civil Law of the

Details: Art. 96. The existing laws which punish acts or omissions concerning the marriage license, solemnization of marriage, authority to solemnize marriages, and other acts or omissions relative to the celebration of marriage shall remain and continue to be in force. (n) Leave a comment. Filed under 03.

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08. Paternity & Filiation Civil Law of the Philippines

Details: Art. 267. In the absence of a record of birth, authentic document, final judgment or possession of status, legitimate filiation may be proved by any other means allowed by the Rules of Court and special laws. (117a) Art. 268.

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08. Lease Civil Law of the Philippines

Details: The ejectment of tenants of agricultural lands is governed by special laws. (1569a) Art. 1674. In ejectment cases where an appeal is taken the remedy granted in Article 539, second paragraph, shall also apply, if the higher court is satisfied that the lessee’s appeal is frivolous or dilatory, or that the lessor’s appeal is prima facie

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Voidable Contracts Civil Law of the Philippines

Details: Art. 1390. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties: (1) Those where one of the parties is incapable of giving consent to a contract; (2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.

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15. Guaranty Civil Law of the Philippines

Details: Title XV. – GUARANTY. CHAPTER 4 > LEGAL AND JUDICIAL BONDS. Art. 2082. The bondsman who is to be offered in virtue of a provision of law or of a judicial order shall have the qualifications prescribed in Article 2056 and in special laws.

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Presumption of Death Civil Law of the Philippines

Details: Art. 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part

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19. Concurrence & Preference of Credits Civil Law of the

Details: The former laws shall regulate acts and contracts with a condition or period, which were executed or entered into before the effectivity of this Code, even though the condition or period may still be pending at the time this body of laws goes into effect. (n) Art. 2256. Acts and contracts under the regime of the old laws, if they are valid in

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Voluntary Easements Civil Law of the Philippines

Details: CHAPTER 3 > VOLUNTARY EASEMENTS. Art. 688. Every owner of a tenement or piece of land may establish thereon the easements which he may deem suitable, and in the manner and form which he may deem best, provided he does not contravene the laws, public policy or public order. (594) Art. 689. The owner of a tenement or piece of land, the usufruct

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Prescription of Actions Civil Law of the Philippines

Details: Art. 1149. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues. (n) Art. 1150. The time for prescription for all kinds of actions, when there is no special provision which ordains otherwise, shall be counted from the day they may be brought. (1969)

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