Art. No affirmation of the value of the thing, nor any statement purporting to be a statement of the seller's opinion only, shall be construed as a warranty, unless the seller made such affirmation or statement as an expert and it was relied upon by the buyer. Art. (1460a). (1816). The Civil Code of the Philippines. (n), Art. 1917. 2182. 1841. The provisions of Article 2014 and 2016 apply when two or more persons bet in a game of chance, although they take no active part in the game itself. 1301. 1351. An implied warranty or condition as to the quality or fitness for a particular purpose may be annexed by the usage of trade. (1593a). Title II - Citizenship and Domicile. Art. The depositary is responsible for the negligence of his employees. Art. (1684), Art. (2) A sale by auction is perfected when the auctioneer announces its perfection by the fall of the hammer, or in other customary manner. (1272), Art. (n). (1535). 2, either alone or with others, and without liquidation of the partnership affairs; (6) When a partner is expelled and the remaining partners continue the business either alone or with others without liquidation of the partnership affairs. Betting on the result of sports, athletic competitions, or games of skill may be prohibited by local ordinances. Read Title V: Trusts from the story Book IV: Civil Code of the Philippines by thebeststar with 2,957 reads. He is also obliged to advise the owner, with the same urgency, of the need of all repairs included in No. (1111), Art. Art. 1376. (1831a), Art. Should the work be not of such quality, the employer may require that the contractor remove the defect or execute another work. In order to judge the intention of the contracting parties, their contemporaneous and subsequent acts shall be principally considered. Article 1933. (2) If it appears that one of the parties, before the commencement of the action or proceeding, offered to discuss a possible compromise but the other party refused the offer. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded. (n). In this case, he shall have no further action against the purchaser to recover any unpaid balance of the price. 1172. Should the vendor have reasonable grounds to fear the loss of immovable property sold and its price, he may immediately sue for the rescission of the sale. 1695. 1. (1152a), Art. (n), Art. (1) For the difference between his contribution as actually made and that stated in the certificate as having been made; and. The discussion of the history of the Civil Code of the Philippines and the preliminary title was made excellently. If through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. If one of the contracting parties, having received the thing promised him in barter, should prove that it did not belong to the person who gave it, he cannot be compelled to deliver that which he offered in exchange, but he shall be entitled to damages. When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with. The agent, even if he should withdraw from the agency for a valid reason, must continue to act until the principal has had reasonable opportunity to take the necessary steps to meet the situation. If, in the case of the preceding article, there is a greater area or number in the immovable than that stated in the contract, the vendee may accept the area included in the contract and reject the rest. In the case of a contract of sale by sample, if the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. 1156. (1191a), Art. Art. Even if the loss, destruction, or deterioration of the goods should be caused by the character of the goods, or the faulty nature of the packing or of the containers, the common carrier must exercise due diligence to forestall or lessen the loss. Essential requisites to marriage include legal capacity to marry and consent. Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest. Art. (1570). For persons under guardianship and for absentees, the period of four years shall not begin until the termination of the former's incapacity, or until the domicile of the latter is known. The same rule shall apply if the contractor cannot finish the work due to circumstances beyond his control. (1774). A non-negotiable document cannot be negotiated and the endorsement of such a document gives the transferee no additional right. Any stipulation that the arbitrators' award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040. In a sale of goods, there is an implied warranty or condition as to the quality or fitness of the goods, as follows: (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose; (2) Where the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality. If the vendee has renounced the right to warranty in case of eviction, and eviction should take place, the vendor shall only pay the value which the thing sold had at the time of the eviction. Art. Art. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement. In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee's will. (n). 5, 6, and 7, while the extraordinary diligence for the safety of the passengers is further set forth in Articles 1755 and 1756. If, the consignation having been made, the creditor should authorize the debtor to withdraw the same, he shall lose every preference which he may have over the thing. 1694. 2009. (1565), Art. 1425. The provisions of the preceding article with respect to the sale of animals shall in like manner be applicable to the sale of other things. (1970a) Article 1152. (1162a). Art. The creditor cannot use the thing pledged, without the authority of the owner, and if he should do so, or should misuse the thing in any other way, the owner may ask that it be judicially or extrajudicially deposited. (1508a), Art. In no case shall physical violence be used upon the house helper. 2079. 2170. (n), Art. Art. (n). Art. Art. An absolutely simulated or fictitious contract is void. It is not necessary that such overt act should be communicated to the buyer, but the giving or failure to give notice to the buyer of the intention to rescind shall be relevant in any issue involving the question whether the buyer had been in default for an unreasonable time before the right of rescission was asserted. (n), If a person binds himself solidarily with the principal debtor, the provisions of Section 4, Chapter 3, Title I of this Book shall be observed. (1556), Art. (1208a), Art. However, the courts may pass upon the credibility of the depositor with respect to the value claimed by him. The principles of estoppel are hereby adopted insofar as they are not in conflict with the provisions of this Code, the Code of Commerce, the Rules of Court and special laws. 1277. The debtor shall lose every right to make use of the period: (1) When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt; (2) When he does not furnish to the creditor the guaranties or securities which he has promised; (3) When by his own acts he has impaired said guaranties or securities after their establishment, and when through a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory; (4) When the debtor violates any undertaking, in consideration of which the creditor agreed to the period; (5) When the debtor attempts to abscond. 1557. If the act in which the unlawful or forbidden cause consists does not constitute a criminal offense, the following rules shall be observed: (1) When the fault is on the part of both contracting parties, neither may recover what he has given by virtue of the contract, or demand the performance of the other's undertaking; (2) When only one of the contracting parties is at fault, he cannot recover what he has given by reason of the contract, or ask for the fulfillment of what has been promised him. (n). (1868a). 1345. When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim reimbursement. 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. 1609. Tami Charles is a former teacher and the author of picture books, middle grade and young adult novels, and nonfiction. (1158a), Art. (n). 1589. A guarantor may bind himself for less, but not for more than the principal debtor, both as regards the amount and the onerous nature of the conditions. Art. (1200a), Art. (n), Art. "Specific goods" means goods identified and agreed upon at the time a contract of sale is made. The head of the family shall furnish, free of charge, to the house helper, suitable and sanitary quarters as well as adequate food and medical attendance. (1566a), Art. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover. (n), Art. When a passenger is carried gratuitously, a stipulation limiting the common carrier's liability for negligence is valid, but not for wilful acts or gross negligence. 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