Nuisance is either public or private. (566a). (1676), Article 1782. The provisions of this article shall be understood to be without prejudice to the actions between the principal and agent. In the sale of immovable property, even though it may have been stipulated that upon failure to pay the price at the time agreed upon the rescission of the contract shall of right take place, the vendee may pay, even after the expiration of the period, as long as no demand for rescission of the contract has been made upon him either judicially or by a notarial act. (n), SECTION 4Conditional Testamentary Dispositions and Testamentary Dispositions With a Term, Article 871. 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. 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. In case of legal separation or annulment of marriage, the family home shall be dissolved, and the property shall cease to be exempt from execution, forced sale or attachment. 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 children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime; but the disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime. Article 148. If you need help understanding what are the different types of contract, you can post your legal need on UpCounsels marketplace. Anything done by the agent, without knowledge of the death of the principal or of any other cause which extinguishes the agency, is valid and shall be fully effective with respect to third persons who may have contracted with him in good faith. If heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. But the creditor may petition the court for the payment of the debt or the sale of the real property. Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or upwards, not under any of the impediments mentioned in articles 80 to 84, may contract marriage. (n). Article 338. Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate. A stipulation whereby exemplary damages are renounced in advance shall be null and void. One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind, shall appropriate the thing thus transformed as his own, indemnifying the owner of the material for its value. (650). The fiduciary shall be obliged to deliver the inheritance to the second heir, without other deductions than those which arise from legitimate expenses, credits and improvements, save in the case where the testator has provided otherwise. b. The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary. A limit on the rights of a party to seek satisfaction in court. aleatory contract n: contrato basura nm (contrato de trabajo abusivo) abusive contract n : Le han hecho firmar un contrato basura para darle el puesto de trabajo. (670a), Article 786. (1589), Article 1718. The relations between teacher and pupil, professor and student, are fixed by government regulations and those of each school or institution. (859), Article 927. Article 1533. Failure to comply with the requirements of the preceding paragraph shall not affect the liability of the partnership and the members thereof to third persons. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. Payment shall be made in the place designated in the obligation. When the business of a partnership after dissolution is continued under any conditions set forth in this article the creditors of the dissolved partnership, as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner, have a prior right to any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the retired or deceased partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property. When there is an imperfect description, or when no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intention; and when an uncertainty arises upon the face of the will, as to the application of any of its provisions, the testator's intention is to be ascertained from the words of the will, taking into consideration the circumstances under which it was made, excluding such oral declarations. Aleatory: Feature of insurance contracts in that there is an element of for both parties and chance hat the t dollar given by the policyholder (premiums) and the insurer (benefits) may not be equal. 2. He who in good faith accepts an undue payment of a thing certain and determinate shall only be responsible for the impairment or loss of the same or its accessories and accessions insofar as he has thereby been benefited. (150). (511), Article 602. 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. Article 367. (376). 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. (584a), Article 673. The defense of illegality of contract is not available to third persons whose interests are not directly affected. (n), Article 2239. Article 1997. The property which the unemancipated child has acquired or may acquire with his work or industry, or by any lucrative title, belongs to the child in ownership, and in usufruct to the father or mother under whom he is under parental authority and in whose company he lives; but if the child, with the parent's consent, should live independently from them, he shall be considered as emancipated for all purposes relative to said property, and he shall have over it dominion, usufruct and administration. Article 2176. Al those who are not specially disqualified by law therefor may accept donations. For example, the Policyholder could be the Father and the Life assured could be the son. (n), Article 1656. (1937), Article 1115. Life insurance policies may include a triggering event based on the insured age. (1079a), Article 1104. The thing itself may be divided, or its value. The agent may retain in pledge the things which are the object of the agency until the principal effects the reimbursement and pays the indemnity set forth in the two preceding articles. The expenses of consignation, when properly made, shall be charged against the creditor. On who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent, if it is not shown that he was aware of the flaws affecting it; but the effects of possession in good faith shall not benefit him except from the date of death of the decedent. The loser in any game which is not one of chance, when there is no local ordinance which prohibits betting therein, is under obligation to pay his loss, unless the amount thereof is excessive under the circumstances. (n). Article 138. As to all matters not specifically provided for in this Title, barter shall be governed by the provisions of the preceding Title relating to sales. Article 206. (1939), CHAPTER 2Prescription of Ownership and Other Real Rights. 3613). Article 1633. The procedure for the quieting of title or the removal of a cloud therefrom shall be governed by such rules of court as the Supreme Court shall promulgated. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. Some typical triggering events include: In some universal life insurance policies, in-service withdrawals are allowed from the cash portion of the policy within the contract. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. The buyer shall have a reasonable opportunity of comparing the bulk with the description or the sample. (1758a), Article 1963. (1672), Article 1778. Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances showing proximate damage of a different amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept. A suicide clause is an example of such a condition. Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such municipalities or cities. Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the exclusive service of river navigation and floatage. A partition made with preterition of any of the compulsory heirs shall not be rescinded, unless it be proved that there was bad faith or fraud on the part of the other persons interested; but the latter shall be proportionately obliged to pay to the person omitted the share which belongs to him. Article 202. (1825a). Article 364. Article 613. (1730), Article 1915. The depositary cannot make use of the thing deposited without the express permission of the depositor. (358), Article 446. If the mass contains less than the number, weight or measure bought, the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from goods of the same kind and quality, unless a contrary intent appears. Article 1187. (n), Article 1970. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless there are three other competent witnesses to such will. (n), Article 1477. The retirement, death, insolvency, insanity or civil interdiction of a general partner dissolves the partnership, unless the business is continued by the remaining general partners: (1) Under a right so to do stated in the certificate, or. A universal partnership of profits comprises all that the partners may acquire by their industry or work during the existence of the partnership. (n). All things which are not outside the commerce of men, including future things, may be the object of a contract. All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Article 1032. In contracts creating real rights, third persons who come into possession of the object of the contract are bound thereby, subject to the provisions of the Mortgage Law and the Land Registration Laws. (n), Article 2265. The ownership of movables prescribes through uninterrupted possession for four years in good faith. Can you spell these 10 commonly misspelled words? Article 224. Aleatory contracts are often used as part of an insurance policy. Article 376. Parents are not obliged to bring to collation in the inheritance of their ascendants any property which may have been donated by the latter to their children. (n), Article 1935. Article 1692. Contracts may come in many forms, each with its own use and purpose. (Rule 12a), Article 2264. Ignorance of the law excuses no one from compliance therewith. When must insurable interest exist for a life insurance contract to be valid? No contract may be entered into upon future inheritance except in cases expressly authorized by law. (805), Article 886. (800a). Article 911. (n), Article 731. A universal partnership may refer to all the present property or to all the profits. (n), Article 2178. No action can be maintained by the winner for the collection of what he has won in a game of chance. (1729), Article 1914. The provisions of articles 1733 to 1753 shall apply to the passenger's baggage which is not in his personal custody or in that of his employee. A legacy or devise made to a creditor shall not be applied to his credit, unless the testator so expressly declares. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. (578a), Article 666. The separation of property shall not prejudice the rights previously acquired by creditors. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. (n), Article 1886. This assistance includes, in a proper case, expenses necessary for elementary education and for professional or vocational training. When goods are delivered to the buyer "on sale or return" to give the buyer an option to return the goods instead of paying the price, the ownership passes to the buyer on delivery, but he may revest the ownership in the seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time. (671a), Article 787. Then, the debts and charges against the conjugal partnership shall be paid. Article 1074. However, the members of the bailee's household may make use of the thing loaned, unless there is a stipulation to the contrary, or unless the nature of the thing forbids such use. (1290). Article 597. (1719), Article 1888. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. 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. (1109a). Article 1849. The partnership shall be responsible to every partner for the amounts he may have disbursed on behalf of the partnership and for the corresponding interest, from the time the expense are made; it shall also answer to each partner for the obligations he may have contracted in good faith in the interest of the partnership business, and for risks in consequence of its management. (58a), Article 111. (4a). A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court, in the action for forcible entry, a writ of preliminary mandatory injunction to restore him in his possession. Article 36. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in usufruct. In the case of the preceding article, the co-guarantors may set up against the one who paid, the same defenses which would have pertained to the principal debtor against the creditor, and which are not purely personal to the debtor. Article 2110. (n), Article 1324. Article 481. Article 161. (1859a). The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases: (1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority; (2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child. Should a person make partition of his estate by an act inter vivos, or by will, such partition shall be respected, insofar as it does not prejudice the legitime of the compulsory heirs. (1205a), Article 1294. (439a). A contributor, unless he is a general partner, is not a proper party to proceedings by or against a partnership, except where the object is to enforce a limited partner's right against or liability to the partnership. (n), Article 1563. (1560a), Article 1665. (1501a), Article 1590. If the useful improvements can be removed without damage to the principal thing, the possessor in good faith may remove them, unless the person who recovers the possession exercises the option under paragraph 2 of the preceding article. Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to his wife within the first one hundred and twenty days of the three hundred which preceded the birth of the child. Emancipation is final or irrevocable. The alienation of any paraphernal property administered by the husband gives a right to the wife to require the constitution of a mortgage or any other security for the amount of the price which the husband may have received. The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under article 294. The condition not to do an impossible thing shall be considered as not having been agreed upon. The term which describes the fact that both parties of a contract may NOT receive the same value is referred to as. SECTION 2Judicial Constitution of the Family Home. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. Study with Quizlet and memorize flashcards containing terms like Which of the following statements correctly describes a contract of indemnity?
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