Art. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay. The expenses, costs and liabilities in suits brought with regard to the usufruct shall be borne by the usufructuary. The daughter of U.S. President Joe Biden and First Lady Jill Biden, she served as the executive director of the Delaware Center for Justice from 2014 to 2019. Ashley BidenAshley Blazer Biden is an American social worker, activist, philanthropist, and fashion designer. 608. If he has been authorized to lend money at interest, he cannot borrow it without the consent of the principal. 1019. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without the consent of the other. Mixed succession is that effected partly by will and partly by operation of law. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should have been negligent. That which is entered into between the guarantor and the creditor benefits but does not prejudice the principal debtor. (1713a), Art. Should it have existed or should it have been fulfilled at the time the will was executed and the testator was unaware thereof, it shall be deemed as complied with. 2015. 1198. Subject to the provisions of this Title, the unpaid seller's right of lien or stoppage in transitu is not affected by any sale, or other disposition of the goods which the buyer may have made, unless the seller has assented thereto. (867a). If the only survivor is the widow or widower, she or he shall be entitled to one-half of the hereditary estate of the deceased spouse, and the testator may freely dispose of the other half. The price of securities, grain, liquids, and other things shall also be considered certain, when the price fixed is that which the thing sold would have on a definite day, or in a particular exchange or market, or when an amount is fixed above or below the price on such day, or in such exchange or market, provided said amount be certain. What is a reasonable hour is a question of fact. (1799a), Art. Art. Trang tin tức online với nhiều tin mới nổi bật, tổng hợp tin tức 24 giờ qua, tin tức thời sự quan trọng và những tin thế giới mới nhất trong ngày mà bạn cần biết (584a), Art. (1199a). 1623. She may borrow money for this purpose, if the husband fails to deliver the proper sum. Any proprietor intending to make any excavation contemplated in the three preceding articles shall notify all owners of adjacent lands. (1938), Art. (1901), Art. 1907. 1504. Art. (866a). (459). 599. If the house helper is unjustly dismissed, he shall be paid the compensation already earned plus that for fifteen days by way of indemnity. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. In the latter case, the creditor shall have the right to collect the excess, if any, of the credit or of the legacy or devise. That the original deed of partition shall be retained by first party, at true copy thereof signed by each party has been delivered to the other said parties who shall be entitled to require production of the original from the first party before any Court or public office or Bank or Insurance Company etc. (1567). If the owner does not wish that certain articles be sold because of their artistic worth or because they have a sentimental value, he may demand their delivery to him upon his giving security for the payment of the legal interest on their appraised value. In the direct line, ascent is made to the common ancestor. (n), Art. Art. (n), Art. 497. He may, however, remove such improvements, should it be possible to do so without damage to the property. If the birth of the child has been concealed, the term shall be counted from the discovery of the fraud. Art. The latter, on the other hand, is not obliged to warrant the things donated, save when the donation is onerous, in which case the donor shall be liable for eviction to the concurrence of the burden. (1801a). (542), Art. 2100. (n), Art. 609. The usufructuary who has given security may use the capital he has collected in any manner he may deem proper. The husband and the wife may agree upon the dissolution of the conjugal partnership during the marriage, subject to judicial approval. The following are incapable of succeeding by reason of unworthiness: (2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (3) Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless; (4) Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation; (5) Any person convicted of adultery or concubinage with the spouse of the testator; (6) Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made; (7) Any person who by the same means prevents another from making a will, or from revoking one already made, or who supplants, conceals, or alters the latter's will; (8) Any person who falsifies or forges a supposed will of the decedent. In any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land. Art. (n). (n), (2) The power to correct them and to punish them moderately. 1993. The ownership of a piece of land cannot be acquired by occupation. 120. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. Withholding of the wages, except for a debt due, shall not be made by the employer. The purchaser in a sale with the right of redemption cannot make use of the power to eject the lessee until the end of the period for the redemption. Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he notifies the seller that he refuses to accept them. Guardians and trustees cannot donate the property entrusted to them. 1853. The warranty cannot be enforced until a final judgment has been rendered, whereby the vendee loses the thing acquired or a part thereof. (1557a). (756, 853, 674a). The incapacity declared in Article 1327 is subject to the modifications determined by law, and is understood to be without prejudice to special disqualifications established in the laws. (503), Art. Nonapparent easements are those which show no external indication of their existence. 1430. Art. Art. A contract which is the direct result of a previous illegal contract, is also void and inexistent. 1424. (146a), Art. Petition for Cancellation of Encumbrance from the Transfer Certificate of Title (TCT) under Section 4, Rule 74 of the Rules of Court (Liability of the distributees and the estate from contingent claims of creditors, for a period of 2 years after the settlement and distribution of the estate). 207. When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased, in whole or in part, without prejudice to his responsibility for the performance of the contract toward the lessor. (1106). Art. The future spouses may give each other in their marriage settlements as much as one-fifth of their present property, and with respect to their future property, only in the event of death, to the extent laid down by the provisions of this Code referring to testamentary succession. Document gives the proper sum a definite locality a substituted limited partner does not prescribe and can! 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