Article 1437. 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… Continue reading Estoppel
Author: Kristia Capio
Article 1430
Article 1430. When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate heirs, after the settlement of the debts of the deceased, pays a legacy in compliance with a clause in the defective will, the payment is effective and irrevocable.… Continue reading Article 1430
Article 1423
Article 1423. Obligations are civil or natural. Civil obligations give a right of action to compel their performance. 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… Continue reading Article 1423
Article 1416
Article 1416. When the agreement is not illegal per se but is merely prohibited, and the prohibition by the law is designed for the protection of the plaintiff, he may, if public policy is thereby enhanced, recover what he has paid or delivered. By: Kristia Capio Artikulo 1416. Kung ang nagpagsang-ayunan ay hindi labag sa… Continue reading Article 1416
Article 1409
Article 1409. The following contracts are inexistent and void from the beginning: (1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy; (2) Those which are absolutely simulated or fictitious; (3) Those whose cause or object did not exist at the time of the transaction; (4)… Continue reading Article 1409
Article 1402
Article 1402. As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him. By: Kristia Capio Artikulo 1402. Hangga’t isa sa mga partido ay hindi pa binabalik ang kaniyang… Continue reading Article 1402
Article 1395
Article 1395. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. By: Kristia Capio Ang pagpapatibay ay hindi kaylangang humingi ng pagsangayon ng nagkasundong partido na walang karapatan na magdala ng aksyon sa pag sasawalang bisa. Ratification is a unilateral act by which a… Continue reading Article 1395
Article 1388
Article 1388. Whoever acquires in bad faith the things alienated in fraud of creditors, shall indemnify the latter for damages suffered by them on account of the alienation, whenever, due to any cause, it should be impossible for him to return them. If there are two or more alienations, the first acquirer shall be liable… Continue reading Article 1388
Article 1381
Article 1381. The following contracts are rescissible: (1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one fourth of the value of the things which are the object thereof; (2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in… Continue reading Article 1381
Article 1374
Article 1374. The various stipulations of a contract shall be interpreted together, attributing to the doubtful ones that sense which may result from all of them taken jointly. By: Kristia Capio Artikulo 1374. Ang iba’t ibang kasunduan ng isang kontrata ay dapat bigyang-kahulugan ng magkasama, dahil sa mga hindi tiyak sa diwa na maaaring magresulta mula… Continue reading Article 1374