Beruflich Dokumente
Kultur Dokumente
Civil Law
That branch of law governing the relationship of persons in respect of their personal and private
interests as distinguished from both public and international laws.
The real distinction lies in how the systems react to changing conditions. In civil law countries, it is
the legislature which makes the necessary adoption to changes while in common law it is the judges.
Preliminary Title
1) Constitution
2) Statutory enactments
4) Judicial decisions
5) Customs which are proven and not contrary to law, public order and pulic policy
x Role of equity
x Conflict of laws
2) Laws relating to family rights and duties or to the condition, status and legal capacity of
persons
3) Laws on property - lex rei sitae except succession ( order of succession and amount of
successional rights as well as intrinsic validity of testamentary dispositions follow the
nationality principle)
x Renvoi Doctrine - Where the conflict rules of the forum refer to a foreign law, and
the latter refers it back to the internal law, the latter (law of the
forum) shall apply.
x Ecclectic theory - dissect the juridical act or a series of act a and then apply the lex
situs to each of the elements thereof.
x Human Relations
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x Abuse of Right Rule
x Rule on Unjust Enrichment
Payment by mistake
x Special tort
4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of
birth, physical defect or other personal condition
1) Civil action is deemed instituted together with the criminal case except when reserved
a.1. those not arising from the act or omission complained of as felony
b. when injured party is granted a right to file an action dependent a and separate from
the criminal action
3) An acquittal in the criminal case may bar any further separate civil action, except -
x Pre-judicial Question
1. The civil case involves facts intimately related to those upon which the criminal prosecution
would be based
2. In the resolution of the issue or issues raised in the civil action, the guilt or innocence of the
accused would necessarily be determined
3. Jurisdiction to try said question must be lodged in another tribunal
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K.P. DELA SERNA
Civil personality
1. Judicial capacity - inherent in every person and lost only through death
- fitness to be subject of legal relations
x Rights of personality
x Provisional personality
Restrictions:
a. Minority
b. Insanity
c. Imbecility
d. Deaf-mute
e. Prodigality
f. Civil interdiction
Modifies/Limits
a. a ge
b. insanity
c. imbecility
d. state of being deaf-mute
e. penalty
f. prodigality
g. family relations
h. alienage
i. absence
j. insolvency and trusteeship
x Presumption of Survivorship
x Some changes :
Marriage
1. a special contract
2. of permanent union
3. between man and woman
4. entered into in accordance with law
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K.P. DELA SERNA
5. for the purpose of establishing a conjugal and family life
x Two aspects
1. As a contract
a. only a man and a woman can enter into the contract of marriage
b. a permanent contract governed by law unlike ordinary contracts governed by
agreement of the parties
c. breach of contract will not give rise to damages but civil and penal sanctions arise in
case of adultery and concubinage
2. As a status
a. no longer just a contract but an inviolable social institution, which is the foundation of
the family
b. its nature, consequences and incidents are governed by law and not subject to
stipulation, except marriage settlement
x Essential requisites
x Formal requisites
a. commissioned officer
b. articulo mortis within zone of military operations between civilians and members of the
armed forces
c. in the absence of chaplain
2. Exceptions:
a. no legal capacity
b. bigamous or polygamous
c. mistake
d. psychological incapacity
e. incestuous
f. against public policy
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K.P. DELA SERNA
x Exempt from marriage license
x Characteristics of PI
1. gravity - subject cannot carry out the normal and ordinary duties of
marriage and family shouldered by any average couple existing
under ordinary circumstance
2. antecedents - roots of the trouble can be traced to the history of the subject
before marriage although overt manifestations appear only after
the wedding
x Incestuous marriages
x Bigamous marriages
a. void
b. voidable ( absent spouse)
x Voidable [ P U F F P S ]
x Fraud
x Property Relations
x Marriage Settlements
x Dissolution
1. inventory
2. debts and obligations of ACP, if insufficient solidary on the separate property
3. whatever remains of exclusive return
4. net remainder of the ACP shall constitute net assets to be divided equally
x CPG
2) Upon dissolution of marriage or partnership net gains or benefits shall be divided equally
x Conjugal properties
ACP CPG
Properties owned at the time of marriage Each spouse retains his or her property
and after are community before marriage and only the fruits and
income of such properties become part of
the conjugal properties during the marriage
What is divided upon dissolution is the net Separate properties of the spouses are
remainder, a property owned by one at the returned upon dissolution and only net
start of the marriage may be the only profits are divided
property left and will be divided between
them
x Exclusive property
1) by direct acquisition
2) property by substitution
x Liquidation
1. inventory
2. amounts advanced by partnership for payment of debts shall be credited
3. reimburse use of exclusive funds of value of property
4. debts and obligations paid out of conjugal assets, in insufficient solidary
5. whatever remains, deliver
6. net remainder is profits which shall be divided equally
x Separation of properties
1. for cause
a. civil interdiction
b. absentee
c. parental authority
d. abandonment
e. abuse of administrative power
f. separation in fact for at least one yea
2. voluntary
x Family relations
x Cannot be compromised
x Not exempt: [ T I S A ]
1. taxes
2. incurred debts prior to constitution
3. secured debts on the premises before or after constitution
4. architects, laborers, material men used for construction or furnished material
1. physically impossible for husband to have sex with wife during the first 120 days of the 300
days which immediately preceded birth because
a. physical incapacity
b. living separately in such a way that sexual intercourse was not possible
c. serious illness of the husband which absolutely prevented intercourse
2. proven by biological or scientific means that the child could not have been that of the husband
3. in artificial insemination the written authorization was obtained through fraud, violence,
mistake, intimidation or undue influence
x Two marriages
1. One year from the knowledge of the child's birth or recording, if the husband or heirs reside in
city where child was born or birth recorded
2. Within 2 years if not in same city but in Philippines
3. Within 3 years if his residence is abroad
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K.P. DELA SERNA
x Heirs can impugn only within period above and if:
x Proof of filiation
x The action does not prescribe but bring during the child's lifetime but if he dies during minority or while
insane, heirs can bring action within 5 years. Action will also survive death of the child if commenced
while alive
x Illegitimate
Same manner and same evidence as legitimate except under (c) where the action must be brought
during lifetime of the alleged parent
x Legitimated
x Grounds to impugn
1. subsequent marriage was void
2. child is not natural child
3. not really the child of alleged parents
x Action by those prejudiced in their rights within 5 years from the time their cause of action
accrues
x Support
x when two or more are obliged / two or more recipients (except if spouse and child under
parental authority, it should be the child)
1. spouse
2. descendants in the nearest degree
3. ascendant in the nearest degree
4. brothers and sisters
Parental Authority
x Suspension
1. crime with civil interdiction
2. treats child with excessive harshness or cruelty
3. corrupting orders, counsel or example
4. compels child to beg
5. acts of lasciviousness
PROPERTY
x Elements [ U S A ]
x Personal Property
x And also,
1. obligations and actions which have for their object movables or demandable sums
2. shares of stock, although they may have real estate
Ownership
x Elements
1. Right to enjoy
2. Right to dispose
3. Right to exclude
4. Right to recover
Doctrine of self-help - may use such force as may be reasonably necessary to repel or prevent
an actual or threatened unlawful physical invasion or usurpation of
property
Doctrine of Incomplete Privilege - the owner cannot refuse interference by another if such
interference is necessary to avert an imminent danger and
the threatened damage, compared to the damage arising
to the owner from the interference is much greater
x Right of accession
x Accession Discreta
1. natural - spontaneous products of the soil, young and other products of animals
2. industrial - those produced by lands of any kind through cultivation or labor
3. civil - rent of buildings, price of leases of lands, etc.
Owner should pay for the expenses of When the possession is interrupted, and in
cultivation, gathering and preservation, bad faith, no reimbursement is due
irrespective of good faith or bad faith
x Accession Continua
Principles
x Owner of Materials
1. LO
2. OM
3. If LO in bad faith
3. If LO in bad faith
x Accession Natural
1. Alluvion - gives to the owners of lands adjoining the river banks of rivers or
streams any accretion which is gradually received from the effects
of the currents of the rivers
CO-OWNERSHIP
x Rights of co-owners
a. absolute
b. may alienate, assign or mortgage
x Decisions
1. Agreement not exceeding ten years, which may be renewed (not automatic)
2. Donor or testator prohibits but not more than 20 years
3. Prohibited by law
x Acquisition by prescription
POSSESSION
x Degrees of holding
x Conflict of possession
1. present possessor
2. one in longer possession
3. one who presents a title
4. placed in judicial deposit
x Theory of Irrevindicability
x Loss of possession
USUFRUCT
x Gives a right to enjoy the property of another with the obligation of preserving its form and substance,
unless the title constituting it or the law otherwise provides
x Extinguishment
EASEMENTS OF SERVITUDES
x May also be imposed for the benefit of a community or of one or more persons (personal easement) to
whom the encumbered estate does not belong
x Modes of acquiring
1. Title
a. Voluntary
b. Legal
2. By prescription
x Kinds
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K.P. DELA SERNA
1. Continuous - the use of which is or may be incessant, without the intervention
of any act of man
2. Apparent - are known and continually kept in view by external signs that
reveal the use and enjoyment of the same
3. Positive - imposes upon the owner of the servient estate the obligation of
allowing something to be done or of doing it himself
Negative - prohibits the owner of the servient estate from doing something
which he could lawfully do if the same easement does not exist
Presumed in:
1. dividing walls of adjoining buildings up to the point of common elevation
2. dividing walls of gardens or yards situated in cities, towns or in rural communities
3. fences, walls and live hedges dividing rural lands
x Drainage of buildings
x Extinguished by
1. merger in the same person of the full ownership of the dominant and servient estates
2. by non user for ten years
3. when either or both fall into such condition that the easement cannot be used
4. expiration of term
5. renunciation of the owner of the dominant estate
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6. redemption agreed upon between the owners of the dominant and servient estates
NUISANCE
x Any act, omission, establishment, business, condition of property, or anything else which:
x Attractive nuisance
A person who maintains in his premises a dangerous instrument or appliance of a character that is
likely to attract children at play, and who fails to exercise due care to prevent them from playing therewith,
shall be liable to a child of tender years who is injured thereby, even if the child is technically a trespasser
in the premises. A body of water, whether natural or artificial, the latter being merely a duplication of
nature, cannot, as a rule be an attractive nuisance unless unusual features are added so as to increase a
possible invitation to danger to children at play.
x Kinds
1. Public or private
2. Per se or per accidens
x Remedies
a. public
1. Prosecution
2. Civil action
3. Abatement without judicial proceedings
- to be determined by district health officer which one
b. private
1. civil action
2. abatement without judicial proceedings
1. demand be first made upon the owner or possessor of the property to abate the nuisance
2. such demand is rejected
3. abatement approved by district heath officer and executed with assistance of police
4. value of the destruction does not exceed P3,000
x Ownership
Acquired by occupation and by intellectual creation. Ownership and other real rights over property
are also acquired and transmitted by law, donation, testate and intestate succession, prescription and in
consequence of certain contracts, tradition.
M od e Title
x Occupation
1. No owner
2. Animals
3. Hidden Treasures
4. Abandoned movables but not lost property
x Law
1. where spouses, using conjugal funds cause improvements on land owned exclusively by one of
them, if the improvements cost more than the land, land becomes conjugal at time of
reimbursement.
2. In discovery of hidden treasures, the law vests an ownership in favor of the owner of the
property where such treasures are found
3. In case of changes in the course of rivers, an exchange of ownership over the old and the new
beds takes place
4. Fruits of trees naturally falling on the property of another belong to the latter
x Intellectual Creation
x Donation
An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another,
who accepts it.
x Also governs remuneratory or compensatory donations (thing given on account of merits and services
or gift imposes a burden less than the value of the thing given). If onerous, law on obligations.
x Characteristics of post-mortem
x Void
1. between persons who are guilty of adultery or concubinage at the time of donation
2. persons found guilty of the same offense, in consideration thereof
3. made to a public officer or his wife, descendants and ascendants by reason of his office
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x Formalities
x Revocation/reduction
Ingratitude:
a. commit some offense vs. the 1 year Donor Donee
person, honor or property of the Heirs, if action filed Heirs, if filed
donor, wife or children under during life of donor before death of
parental authority donor
b. imputes to donor any criminal
offense or any act involving moral
turpitude, even if proven true,
unless against him, his wife or
children under authority
c. unduly refuses support when the
donee is legally or morally bound
SUCCESSION
x Succession is :
1. A mode of acquisition
2. By virtue of which the property, rights and obligations to the extent of the inheritance of a
person
3. Are transmitted through his death to another or others
4. Either by his will or by operation of law
x Kinds
1. Testamentary
2. Legal or intestate
3. Mixed
4. Partition inter vivos
x Elements
2. Inheritance
WILLS
x An act whereby a person is permitted, with the formalities prescribed by law, to control to a certain
extent the degree of disposition of his estate to take effect after death
x Characteristics [ U M P I R A S ]
1. Unilateral
2. Mortis causa
3. Personal
a. Duration or efficacy
b. determination
c. designation
d. but may entrust to third person
x Forms of wills
1. Notarial will [ S A M P A ]
1. Number of pages
2. Fact that testator signed the will as written
3. That they witnessed and signed the will and all pages in the presence of the
testator and of one another
c. Marginal signing
d. Paging
e. Acknowledgment
2. Holographic will - written, dated and signed entirely in the hand of the testator
x Witnesses
A codicil is a supplement or addition to a will after the execution of a will and annexed to be taken
as part thereof by which any disposition made in the original is explained, added to or altered
x Revocation of wills
2. by some will of codicil - if express, whole will. If not, those that are inconsistent
with the later will
3. Burning, tearing or canceling - by testator himself or someone under his express direction
and in his presence
x Institution of heir
Act by virtue of which the testator designates in his will the person or persons who are to succeed
him in his property and transmissible rights and obligations
x Presumption of equality
x Presumption of Simultaneity
x Preterition
x Substitution of heir
Testator designates one of more persons to substitute the heirs instituted if they predecease,
repudiate or be incapacitated
x Prohibition to marry
x Disposicion Captatoria
x Sub modo
LEGITIME
x That part of testator's property which he cannot dispose of by will because the law has reserved it for
certain heirs who are called compulsory heirs.
x Rules
3. Non-impairment of legitimes
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x Reduction of donations
1. Donations respected as long as legitimes are covered, reducing the devises or legacies if
necessary
2. Among donations, the most recent
3. Reduction of legacies and devises pro rata (different rule if the portion affected is not the
legitime, then by order)
x Reserva Troncal
RESERVISTA
Ascendant Ascendant (receives by law)
x Disinheritance
x Grounds
1. A legacy or devise belonging to testator at the time of the making of the will and up to his
death is operative.
2. Not belonging to him at the time of the will and thereafter is inoperative, unless he orders that
it be acquired
3. Not belonging to testator at the time of the will is void if he erroneously thought it was his.
But, if it afterwards becomes his, by whatever title, the disposition takes effect
4. If belonged to the legatee or devisee at the time of the will, without effect, even if the latter
alienates it subsequently. If he reacquired by gratuitous title he claims nothing, but if onerous,
he can be reimbursed.
x Without effect [ T A L ]
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K.P. DELA SERNA
1. Transforms the thing that it does not retain its form or denomination
2. Alienates the thing even if he reacquires it afterwards. But if he repurchases ( by right of
repurchase) then the disposition takes effect.
3. Lost
x Order if estate not sufficient to cover all legacies and devises but there's enough for legitimes
1. remuneratory
2. preferential
3. support
4. education
5. specific and determinate thing which forms part of estate
6. all others pro rata
INTESTACY
x Order
1. Legitimate children
2. Legitimate parents
3. Illegitimate children
4. Surviving spouse
5. Illegitimate parents
6. Brothers and sisters/nephews and nieces
7. Collateral blood relatives to the fourth degree
8. State
x Basic rules
1. Relative nearest in degree excludes the more remote, except for representation
2. If there are relatives of same degree and one is unwilling or incapacitated, the share shall
accrue to others except in latter when there is representation
3. If the inheritance repudiated by the nearest and only relative, or by all the nearest relative,
those of the following degree shall inherit in their own right and cannot represent the person
repudiating
4. Relatives in the same degree inherit in equal shares subject to full or half blood or legitimate
or illegitimate and division between maternal and paternal lines
x Relations
x Right of Representation
By virtue of which the representative is raised to the place and the degree of the person
represented and acquires the right which the latter would have If he were living.
x Rules
1. Takes place only in direct descending and up to children of brothers and sisters in the
collateral line
2. The division is per stirpes
3. Does not take place in repudiation
4. In disinheritance, representation applies only to the legitime
5. Does not apply to succession by will
x Shares in intestacy
1. LCDs
2. LPAs
3. ICDs
4. Ips
5. SS
x Accretion
1. two or more persons be called to the same inheritance or to the same portion thereof pro
indiviso
x Incapable of Succeeding
x Unworthy
x Collation
Bringing into the mass of the estate any property or right which one acquires from a decedent
during lifetime by gratuitous title in order that it may be computed in the determination of the legitime of
each heir
x Purposes
1. Computation of legitime
2. Imputation
3. Reduction
Mine:
1. Collate all properties to determine legitime
2. After determining legitime, impute to legitime received by compulsory heirs
3. If estate enough, no need to reduce anyone's
4. If estate not enough, pro rate reduction of legacies and devises to cover legitime
5. If there is enough for legitime but not for legacies and devises, decrease latter by the order
6. If the estate does not cover legitime, reduce donations by the latest
x Partition
Separation, division and assignment of a thing in common among those to who it may belong. The
thing itself may be divided or its value.
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OBLIGATIONS
x Fraud
Bad faith in the performance of an obligation oftentimes referred as malice. In contracts it is deceit
which if substantial (dolo causante) may result in annulment of contract.
x Negligence
Omission of the diligence which is required by the nature of the obligation and corresponds with
the circumstances of the persons, of the time and of the place.
x Fortuitous event
1. cause of the unforeseen and unexpected occurrence or of the failure of the debtor to comply
with his obligation must have been independent of human will
2. it must be impossible to foresee the event or if it is foreseen, it must be impossible to avoid
3. it is such as to render it impossible for the debtor to fulfill his obligation in a normal manner
4. the obligor must be free from participation in the aggravation of the injury
1. specified by law -
a. in default
b. promised to two persons not having the same interest
2. by stipulation
3. nature of the obligation requires assumption of risk
x Mora - delay
Solvendi - debtor
Accipiendi - creditor
Compensatio morae - both
x Kinds of obligations
3. Period - a day certain - that which must necessarily come although it may not be
known when
x Rules in loss, improvement in case of conditional and with period
1. after the obligation has been contracted, he becomes insolvent, unless he gives guaranty
2. he does not furnish security as promised
3. by his own acts he impaired the security or through fortuitous event it disappears, unless he
immediately gives new ones equally satisfactory
4. violates undertaking in consideration of which the creditor agreed to the period
5. attempts to abscond
x Extinguishment of Obligations
1. Payment or performance -
b. Identity of payment
5. Compensation
a. Legal
b. Conventional - by agreement
x Legal Subrogation
CONTRACTS
x Meeting of the minds between two persons whereby one binds himself with respect to the other to
give something or to render some service
x Innominate
x Principles
1. Autonomy of contracts - The contracting parties may establish such stipulations, clauses,
terms and conditions as the may deem convenient, provided not
contrary to law, morals, good customs, public order or public
policy
2. Consensuality of contracts
4. Obligatoriness of contracts
a. pour atrui
1. clear and deliberate conferment of benefit on a third person
2. communicated to third person
3. accepts and communications before revocation
x Stages
1. Negotiation
a. policitacion - imperfect offer
2. Perfection
3. Consummation
x Rescissible [ G A L I C O ]
x Voidable
1. Mistake - refers to the substance of the thing which is the object of the contract, or
those conditions which have principally moved one or both parties to enter
into the contract
3. Intimidation - when one of the contracting parties is compelled by a reasonable and well-
grounded fear of an imminent and grave evil upon his person or upon the
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K.P. DELA SERNA
person or property of his spouse, descendants or ascendants to give his
consent
4. Undue influence - when a person takes improper advantage of his power over the will of
another, depriving the latter of a reasonable freedom of choice.
x Contracts in writing
1. donation
2. stipulation reducing common carrier's EOD and limiting liability
3. agent's authority in sale of land
4. stipulations to pay interest on loans
5. antichresis
x In public instrument
x Reformation
x Unenforceable
1. Unauthorized
2. Statute of Frauds
a. agreement by its terms will not be performed within a year from making
b. special promise to answer for debt, default or miscarriage of another
c. agreement made in consideration of marriage
d. sale of goods P500 above
e. lease for more than one year or sale of real property or interest therein
f. a representation as to credit of a third person
x Void
1. cause, object or purpose contrary to law, morals, good customs, public order and public policy
2. absolutely simulated
3. cause or object did not exist at the time of the transaction
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K.P. DELA SERNA
4. object is outside the commerce of man
5. contemplates an impossible service
6. intention of the parties relative to principal object cannot be ascertained
7. expressly prohibited by law
x Neither party may seek aid of courts and deemed in pari delicto except:
1. innocent party
2. debtor who pays usurious interest
3. party repudiating contract before purpose is accomplished or before damage is caused
4. incapacitated party if the interest of justice demands
5. party for whose protection the prohibition by law was intended
Binding efficacy Binding unless Binding until Not enforceable unless Not binding
rescinded annulled partially or totally
performed or waived
Subsidiary action
x Estoppel
An admission or representation is rendered conclusive upon the person making it and cannot be
denied or disproved against the person relying thereon
1. in pais - arises from the conduct of the party in estoppel such as by his act, `
declaration, omission or silence
1. conduct of the defendant which gives rise to a cause of action for which the plaintiff can seek
a re m e dy
2. delay in asserting the right, complainant being aware of defendant's conduct and having
opportunity to institute suit
3. lack of knowledge on the part of the defendant that complainant would assert the right on
which he bases his suit
4. injury or prejudice to defendant in the event that relief is accorded to the complainant or the
suit is not barred
Prescription is concerned with the fact of Laches with the effect of delay
delay
Statutory Equity
Matter of time Matter of injustice
x Trust
Juridical relationship that exists between one person having the equitable title or beneficial
enjoyment of the property, real or personal, and another having the legal title thereto.
x Tradition
Derivative mode whereby ownership and other real rights belonging to a person are transmitted
through a just title to another there being intention to do so and capacity of both the grantor and the
grantee
x Prescription
One acquired ownership and other real rights through the lapse of time in the manner and under
the conditions laid down by law. Rights and actions may also be lost through prescription
x Periods
1. Movables
2. Immovables
3. Actions
a. no prescription
1. demand a right of way
2. bring an action to abate public or private nuisance
3. quiet title
4. demand partition
5. probate a will
6. declare a void contract
7. recover possession of registered land under the Torrens system
b. 10 yrs
1. upon a written contract
2. upon obligations created by law (not quasi-contracts)
3. upon a judgment
4. among heirs to enforce warranty against eviction in partition
5. mortgage action
c. 8 yrs
1. recover movables
d. 6 yrs
1. upon oral contract
2. quasi-contract
e. 5 yrs
1. incapacity of an heir
2. against co-heirs for warranty of solvency of debtor in credits assigned in
partition
3. all other actions not fixed by the Code
f. 4 yrs
1. injury to rights of plaintiff (not contract)
2. upon a quasi-delict
3. revoke or reduce donations based on birth, adoption of child
4. revoke donations due to non-compliance with conditions
5. rescind partition of deceased's estate on account of lesion
6. rescission of contract
7. annulment of contracts
g. 1 yr
1. forcible entry and unlawful detainer
2. defamation
3. revoke donations on ingratitude
4. for rescissions or damages if an immovable is sold with non-apparent burdens
or servitudes
5. warranty of solvency in assignment of credits
6. loss or damage of goods under COGSA
h. 6 mos
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1. warranty against hidden defects or encumbrances on things
sold
SALES
x A contract whereby a person, called the seller, obligates himself to deliver and to transfer ownership of
a thing or right to another called the buyer, for a price certain.
x Difference from:
Sale Donation
Onerous Gratuitous
Consensual Formal
Sale Barter
Tests:
1. timing test
2. habituality
3. nature of the object EEI v. CIR * latest
controlling doctrine
Contract for delivery of an article which the Goods are to be manufactured specially for a
vendor in the ordinary course of his business customer and upon special order and not for
manufactures or procures for the general the general market
market (whether on hand or not)
Buyer pays for price of object Agent not obliged to pay for price, merely
obliged to deliver price received from buyer
Buyer becomes owner of the thing Principal remains owner even if object
delivered to him
x Capacity
Disqualifications
Things having potential of existence may be The Efficacy of the sale of a mere hope or
the object of sale (sale of future goods) expectance is deemed subject to the
condition that the thing will come into
existence. The sale of vain hop is void.
x Obligations of seller
1. public instrument
2. placing of titles in the possession of vendee
3. use by the vendee of his rights
a. express - any affirmation of fact or any promise by the seller relating to the
thing is an express warranty if the natural tendency of such
affirmation or promise is to induce the buyer to purchase the
same and if the buyer purchases relying thereon
a. stipulated
b. vendor was not aware of hidden defects
c. patent
d. not visible but vendee was an expert
e. second hand goods
x Obligations of buyer
1. Acceptance of delivery
2. Payment of price
3. Interest
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a. stipulated
b. thing sold produce fruits or income
c. in default from time of extrajudicial or judicial demand
4. Suspend payment
a. disturbed in possession or
b. reasonable grounds to fear such disturbance
* Rules on risk of loss
After delivery
1. sale with statement of area, with price per 1. deliver to vendee upon demand all that
unit may have been state in the contract
2. if not possible:
3. if greater:
x Double sales
x Remedies in Sales
1. Extrajudicial
a. of the buyer
b. Seller
2. Judicial
x Unpaid seller
1. when the whole of the price has not been paid or tendered
2. when a bill of exchange or other instrument has been received as conditional payment and
dishonored
x Possessory lien
1. where the goods have been sold without any stipulation as to credit
2. goods sold on credit, but terms of credit has expired
3. buyer becomes insolvent
4. (may be exercised even if he is possession as agent or bailee)
x Loses lien
1. delivers goods to carrier or other bailee for transmission to buyer without reserving ownership
2. buyer or agent lawfully obtains possession
3. waiver
1. from the time when they are delivered to a carrier for transmission to buyer, until the buyer or
agent takes delivery
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2. goods are rejected by the buyer and the carrier or bailee continues in possession of them,
even if the seller has refused to receive them back
x No longer in transit
x Right of resale
1. perishable in nature
2. where seller expressly reserved the right of resale in case when buyer:
a. defaults
b. default in payment for unreasonable amount of time
x Extinguishment of sale
1. Conventional redemption
a. expressed in contract
b. deemed equitable mortgage:
a. co-owner
b. owners of adjoining rural lots, if the one sold is one hectare or less unless the vendee
does not own rural land
c. adjoining of urban land which is so small, if cannot be used for practical purposes
- tender of payment is enough
LEASE
x In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a
thing for a price certain, and for a period which may be definite or indefinite
x In the lease of work or service, one of the parties binds himself to execute a piece of work or to render
some service for a price certain, but the relation of principal and agent does not exist between them
x Obligations of Lessor
1. deliver the thing object of the contract in such a condition as to render it fit for the use
intended
2. to make necessary repairs, unless contrary stipulation
3. maintain the lessee in peaceful and adequate enjoyment for the entire duration of the contract
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4. cannot alter the form
5. if destroyed by fortuitous event, extinguished
x Obligations of lessee
x Ejectment
The contractor binds himself to execute a piece of work for the employer, in consideration of a
certain price or compensation.
PARTNERSHIP
x Two or more persons bind themselves to contribute money, property or industry to a common fund,
with the intention of dividing the profits among themselves
x Character of habituality
x Kinds
1. As to object
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a. universal
- may refer to all present properties or to all the profits
(presumption if there is no specification of nature)
- contribute all the property which actually belongs to them
to a common fund, with intention of dividing the same to
themselves, as well as the profits
- except future acquisition by:
1. inheritance
2. legacy
3. donation
b. particular
2. as to liability
a. general - one where all the partners are general partners who thereby hold
themselves liable with all their property after all the partnership
assets have been exhausted
x Prohibition on partners
1. on capitalist partners - cannot engage for their own account in any operation which is the
kind of business the partnership is engaged in
2. industrial partner - cannot engage in business for himself unless expressly permitted
to do so
x Formal account
x Property rights
Every partner is an agent of the partnership for the purpose of the business and the act of every
partner, including the execution in the partnership name of any instrument
For apparently carrying on in the usual way the business of the partnership of which he is a
member binds the partnership except:
1. the partner so acting has in fact no authority to act for the partnership in the particular matter
AND
2. the person with whom he is dealing has knowledge of the fact that he has no authority
x One or more but less that all of the partners have NO authority to:
a. partner may convey title in partnership name but may recover unless:
1. partner's act binds the partnership
2. conveyed to someone holder for value without knowledge
x Dissolution
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The change in the relation of the partners caused by any partner ceasing to be associated in the
carrying on, as distinguished from the winding up of the business
x Caused by:
2. in contravention
8. decree of court
x Court decree
x Effects
x Statement of accounts
1. assets of P are:
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a. partnership property
b. contributions of partners
2. liabilities by rank
a. owing to creditors other than partners
b. owing to partners other than capital and profits
c. owing to partners as capital
d. owing to partners as profits
1. new partner admitted to existing or one ex-partner assigns to his co-partners, without
liquidation and business is continued
2. all but one leaves and assign to the one left, continues without liquidation
3. when all assign to one or more 3rd persons, who promise to pay debts and continue business
of dissolved partnership
4. one partner leaves, remaining continue business without liquidation