(3) Those where both parties are incapable of giving consent to a contract. (630), Article 746. Conditions imposed by the testator upon the heirs shall be governed by the rules established for conditional obligations in all matters not provided for by this Section. A donor or testator may prohibit partition for a period which shall not exceed twenty years. (1258), Article 1316. A revocation done outside the Philippines, by a person who does not have his domicile in this country, is valid when it is done according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the time; and if the revocation takes place in this country, when it is in accordance with the provisions of this Code. (446a), Article 540. If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or act has been committed against the donee himself, his wife or children under his authority The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a register book strictly in the order in which the same shall be received. (n), Article 1265. Article 1544. (n), Article 2268. (n), Article 1546. (1334a), Article 134. (1835a), Article 2064. (1823). It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties without any charge in both cases. Article 1052. (1404a), Article 159. Article 32. A minor who according to law may contract marriage, may also execute his or her marriage settlements; but they shall be valid only if the persons designated by law to give consent to the marriage of the minor take part in the ante-nuptial agreement. If after a judgment annulling a marriage, the former wife should believe herself to be pregnant by the former husband, she shall, within thirty days from the time she became aware of her pregnancy, notify the former husband or his heirs of that fact. Estoppel may in pais or by deed. (n), Article 1994. All movables which are within commerce may be pledged, provided they are susceptible of possession. By an aleatory contract, one of the parties or both reciprocally bind themselves to give or to do something in consideration of what the other shall give or do upon the happening of an event which is uncertain, or which is to occur at an indeterminate time. (626a), Article 742. (1732a), Article 1920. The responsibility of two or more agents, even though they have been appointed simultaneously, is not solidary, if solidarity has not been expressly stipulated. Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. The administration shall cease in any of the following cases: (1) When the absentee appears personally or by means of an agent; (2) When the death of the absentee is proved and his testate or intestate heirs appear; (3) When a third person appears, showing by a proper document that he has acquired the absentee's property by purchase or other title. Such civil action may be supported by a preponderance of evidence. Minors may make and receive donations in their ante-nuptial contract, provided they are authorized by the persons who are to give their consent to the marriage of said minors. Article 2222. Article 856. With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived, as well as with respect to movables acquired in a public sale, fair, or market, or from a merchant's store the provisions of articles 559 and 1505 of this Code shall be observed. (1046a), Article 1073. (n), Article 1959. (3) Abatement, without judicial proceedings. (7a, Act 2710). (n). (841a), Article 1001. In case of a marriage on the point of death, when the dying party, being physically unable, cannot sign the instrument by signature or mark, it shall be sufficient for one of the witnesses to the marriage to sign in his name, which fact shall be attested by the minister solemnizing the marriage. It is not essential to the validity of a resale that notice of the time and place of such resale should be given by the seller to the original buyer. (572). The provisions of article 399 are applicable to an orphan who has been emancipated according to article 404. Discontinuous easements are those which are used at intervals and depend upon the acts of man. Art. (483a), Article 576. Article 1823. Article 704. Movable as well as immovable property may be the object of sequestration. Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. (145), Article 296. (1973a), Article 1156. Every partner is a debtor of the partnership for whatever he may have promised to contribute thereto. A partition may be rescinded or annulled for the same causes as contracts. (1681a), Article 1787. (1880a), Article 2132. Whenever the different stories of a house belong to different owners, if the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject, the following rules shall be observed: (1) The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each; (2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the entrance, front door, common yard and sanitary works common to all, shall be maintained at the expense of all the owners pro rata; (3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the owner of the first story; and so on successively. Those credits which enjoy preference in relation to specific real property or real rights, exclude all others to the extent of the value of the immovable or real right to which the preference refers. Private corporations are regulated by laws of general application on the subject. On application by or for a partner the court shall decree a dissolution whenever: (1) A partner has been declared insane in any judicial proceeding or is shown to be of unsound mind; (2) A partner becomes in any other way incapable of performing his part of the partnership contract; (3) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business; (4) A partner wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him; (5) The business of the partnership can only be carried on at a loss; (6) Other circumstances render a dissolution equitable. (n), Article 1356. Article 1287. The cost of repairs and construction of party walls and the maintenance of fences, live hedges, ditches, and drains owned in common, shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the right of each. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. The duration and terms of the suspension of the civil action or proceeding and similar matters shall be governed by such provisions of the rules of court as the Supreme Court shall promulgate. (360a), Article 448. The owner of a tenement or piece of land, the usufruct of which belongs to another, may impose thereon, without the consent of the usufructuary, any servitudes which will not injure the right of usufruct. But any loser in a game of chance may recover his loss from the winner, with legal interest from the time he paid the amount lost, and subsidiarily from the operator or manager of the gambling house. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. Acceptance of the building, after completion, does not imply waiver of any of the cause of action by reason of any defect mentioned in the preceding paragraph. The designation of losses and profits cannot be intrusted to one of the partners. 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. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. In such case, the courts may, if the public interest will thus be subserved, allow the party repudiating the contract to recover the money or property. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. Article 408. Article 28. The provisions of No. (n), Article 1233. The ownership of the thing sold is acquired by the vendee from the moment it is delivered to him in any of the ways specified in articles 1497 to 1501, or in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. Representation is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited. (566a). From these provisions is excepted the case in which, there being several things given in mortgage or pledge, each one of them guarantees only a determinate portion of the credit. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. (n), Article 261. Contract To Sell Is Not Rescissible. Whenever for the diversion or taking of water from a river or brook, or for the use of any other continuous or discontinuous stream, it should be necessary to build a dam, and the person who is to construct it is not the owner of the banks, or lands which must support it, he may establish the easement of abutment of a dam, after payment of the proper indemnity. If the annuity was constituted in fraud of creditors, the latter may ask for the execution or attachment of the property. Article 707. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. (620), Article 729. (549), Article 635. No person can change his name or surname without judicial authority. The bailor may demand the immediate return of the thing if the bailee commits any act of ingratitude specified in article 765. 1, article 2242, shall first be satisfied. (1808), Article 2028. Article 979. They are so impressed with public interest that labor contracts must yield to the common good. (450a). (933), Article 983. Legal or intestate succession takes place: (1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. (3) The certificate is cancelled or so amended as to set forth the withdrawal or reduction. A recognized natural child has the right: (1) To bear the surname of the parent recognizing him; (2) To receive support from such parent, in conformity with article 291; (3) To receive, in a proper case, the hereditary portion which is determined in this Code. (2) With partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold. (343) Art. Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. Article 225. (890a), Article 956. A contract of deposit may be entered into orally or in writing. (1105a), Article 1175. An agreement limiting the common carrier's liability may be annulled by the shipper or owner if the common carrier refused to carry the goods unless the former agreed to such stipulation. (1396), Article 149. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. (1908), Article 2192. (1827a), Article 2056. (580). If, while labor or expense of material amount is necessary on the part of the seller to enable him to fulfill his obligations under the contract of sale, the buyer repudiates the contract or notifies the seller to proceed no further therewith, the buyer shall be liable to the seller for labor performed or expenses made before receiving notice of the buyer's repudiation or countermand. Every co-heir has a right to demand the division of the estate unless the testator should have expressly forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in article 494. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local registrar thereof. Article 2071. Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls of the Republic of the Philippines. Article 555. The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. (994), Article 1047. Whoever gives or promises capital to the husband shall not be subject to warranty against eviction, except in case of fraud. When the obligation has for its object the execution of a certain number of days of work, the accomplishment of work by metrical units, or analogous things which by their nature are susceptible of partial performance, it shall be divisible. The following marriages shall also be void from the beginning: (1) Between stepfathers and stepdaughters, and stepmothers and stepsons; (2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter; (3) Between the legitimate children of the adopter and the adopted. 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. Where one of the parties to an illegal contract is incapable of giving consent, the courts may, if the interest of justice so demands allow recovery of money or property delivered by the incapacitated person. The debtor, in this case, shall have a right to the extinguishment of the pledge or mortgage as the portion of the debt for which each thing is specially answerable is satisfied. Article 592. Article 282. (1946a), Article 1125. Prescription obtained by a co-proprietor or a co-owner shall benefit the others. Article 1417. In case of doubt it is understood that the repairs are chargeable against him. Unless there is a stipulation to the contrary, the depositary cannot deposit the thing with a third person. 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