If the law requires a document or other special form, as in the acts and contracts enumerated in the following article, the contracting parties may compel each other to observe that form, once the contract has been perfected. Article 1736. If the hidden defect of animals, even in case a professional inspection has been made, should be of such a nature that expert knowledge is not sufficient to discover it, the defect shall be considered as redhibitory. The contributions of a limited partner may be cash or property, but not services. The depositary is liable for the loss of the thing through a fortuitous event: (2) If he uses the thing without the depositor's permission; (4) If he allows others to use it, even though he himself may have been authorized to use the same. Where the seller has broken a contract to deliver specific or ascertained goods, a court may, on the application of the buyer, direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. (n). Article 964. No compromise upon the following questions shall be valid: (2) The validity of a marriage or a legal separation; Article 2036. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to sup port such action. (1820a), Article 2043. The following actions must be brought within ten years from the time the right of action accrues: Article 1145. (n), Article 1994. (n) ARTICLE 548. (n), Article 314. When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former. (545), Article 630. 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. (n). 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. In case of legal separation, the guilty spouse shall forfeit his or her share of the conjugal partnership profits, which shall be awarded to the children of both, and the children of the guilty spouse had by a prior marriage. The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him. (n) ARTICLE 2120. The court shall take measures to implement the last two provisions. If the one who has acted in bad faith is the owner of the principal thing, the owner of the accessory thing shall have a right to choose between the former paying him its value or that the thing belonging to him be separated, even though for this purpose it be necessary to destroy the principal thing; and in both cases, furthermore, there shall be indemnity for damages. (n), Article 2019. 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. It may be total or partial. Article 895. (n), Article 63. The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. Article 759. (n). The owner of the dominant estate may make, at his own expense, on the servient estate any works necessary for the use and preservation of the servitude, but without altering it or rendering it more burdensome. The usufructuary, before entering upon the enjoyment of the property, is obliged: (1) To make, after notice to the owner or his legitimate representative, an inventory of all the property, which shall contain an appraisal of the movables and a description of the condition of the immovables; (2) To give security, binding himself to fulfill the obligations imposed upon him in accordance with this Chapter. Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages. Article 1892. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. In case of ascendants, the paternal shall have a better right. (113a). The expenses of maintaining the wall in the part newly raised or deepened at its foundation shall also be paid for by him; and, in addition, the indemnity for the increased expenses which may be necessary for the preservation of the party wall by reason of the greater height or depth which has been given it. In case of doubt, a contract purporting to be a sale with right to repurchase shall be construed as an equitable mortgage. The courts may appoint a guardian of the child's property, or a guardian ad litem when the best interest of the child so requires. (1072a). (152a), Article 304. If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control. Executive acts, orders and regulations shall be civil code of the philippines property in litigation from the legal cause therefor be... Caused the damage done cases referred to in no case may be revoked at any time before death... 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