aunts creek public use area

sarah is a homeowner and a single taxpayer

(363a), Art. If the exercise of the right or of the action was commenced under the old laws, but is pending on the date this Code takes effect, and the procedure was different from that established in this new body of laws, the parties concerned may choose which method or course to pursue. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State. 798. Art. In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition. 516. 606. (1577a), Art. (Rule 4), Art. Judicial and administrative officials shall foster this mutual assistance. 719. When by accident or other fortuitous event, movables separately pertaining to two or more persons are commingled or confused, the rules on co-ownership shall be applicable. 1272. When the owner of waters artificially brought to the surface abandons them to their natural course, they shall become of public dominion. Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the others, it shall be sold and its proceeds distributed. Art. 975. (n), Art. If two or more things are pledged, the pledgee may choose which he will cause to be sold, unless there is a stipulation to the contrary. For the concession and approval referred to in the preceding article it is necessary: (3) That the concession be deemed convenient for the minor. The provisions of this and of the preceding article shall be observed even should there be among the co-heirs a minor or a person subject to guardianship; but the mandatary, in such case, shall make an inventory of the property of the estate, after notifying the co-heirs, the creditors, and the legatees or devisees. The guarantor of a guarantor shall enjoy the benefit of excussion, both with respect to the guarantor and to the principal debtor. (n), Art. A statement in writing by the pledgee that he renounces or abandons the pledge is sufficient to extinguish the pledge. (n), Art. 1740. 404. 678. (877a). 839. 363. 399. The right of retention of real or personal property arising after this Code becomes effective, includes those things which came into the creditor's possession before said date. If some stipulation of any contract should admit of several meanings, it shall be understood as bearing that import which is most adequate to render it effectual. The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments have been paid. (1563a), Art. Civil personality is extinguished by death. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. (871), Art. (2) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; (3) Waters rising continuously or intermittently on lands of public dominion; (4) Lakes and lagoons formed by Nature on public lands, and their beds; (5) Rain waters running through ravines or sand beds, which are also of public dominion; (7) Waters found within the zone of operation of public works, even if constructed by a contractor; (8) Waters rising continuously or intermittently on lands belonging to private persons, to the State, to a province, or to a city or a municipality from the moment they leave such lands; (9) The waste waters of fountains, sewers and public establishments. 1218. After the formation of a lifted partnership, additional limited partners may be admitted upon filing an amendment to the original certificate in accordance with the requirements of Article 1865. 2126. (1535). Art. Should a person make partition of his estate by an act inter vivos, or by will, such partition shall be respected, insofar as it does not prejudice the legitime of the compulsory heirs. Any stipulation permitting distances less than those prescribed in Article 670 is void. 1283. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply. Art. The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will; but if the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid interval. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. 555. If the owner chooses the latter alternative, he shall give security for the payment of the interest. 1259. (n), Art. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues. 1640. (1335a), Art. Art. If the widowed mother who has contracted a subsequent marriage should again become a widow, she shall recover from this moment her parental authority over all her unemancipated children. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. (534). (1481a), Art. Art. Art. In case of a pledge of animals, their offspring shall pertain to the pledgor or owner of animals pledged, but shall be subject to the pledge, if there is no stipulation to the contrary. 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. In computing a period, the first day shall be excluded, and the last day included. 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. if (yr!=1998) 1081. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. When during a fire, flood, storm, or other calamity, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation. (1487a). 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. The interest may be redeemed with the separate property of any general partner, but may not be redeemed with partnership property. 253. 1921. 1361. The testator may devise and bequeath the free portion as he may deem fit. Art. 1457. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. (1183a), Art. (1956a), Art. The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that of the service which last became impossible. The license shall be valid in any part of the Philippines; but it shall be good for no more than one hundred and twenty days from the date on which it is issued and shall be deemed canceled at the expiration of said period if the interested parties have not made use of it. (n), Art. (631). 1044. (1477). 473. (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform. 614. But the revocation or modification of these acts and contracts after the beginning of the effectivity of this Code, shall be subject to the provisions of this new body of laws. A limited partner shall not receive from a general partner or out of partnership property any part of his contributions until: (2) The consent of all members is had, unless the return of the contribution may be rightfully demanded under the provisions of the second paragraph; and. Heirs who repudiate their share may not be represented. (1842a). Art. 141. A compromise between the creditor and the principal debtor benefits the guarantor but does not prejudice him. 1035. (370a), Art. 1692. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual. The vendee shall, on his part, reimburse the vendor for all that the latter may have paid for the debts of and charges on the estate and satisfy the credits he may have against the same, unless there is an agreement to the contrary. 808. (7a). Art. 1316. Art. The nonobservance of these distances does not give rise to prescription. Art. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons. In the latter case, the court shall reduce the loss to the proper sum. 1119. 699. Parkway independent Online - Serving Rockford, Mendon and This power of the testator to prohibit division applies to the legitime. (n), Art. 1400. (714), Art. 2046. But the President of the Philippines, upon recommendation of the Secretary of the Interior, may at any time before the expiration of said period, by proclamation, make any of said provisions applicable to the Mohammedan and non-Christian inhabitants of any of the non-Christian provinces. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. Art. (1063), Art. The case is excepted where the creditor has required and stipulated that a specified person should be the guarantor. The sale of a vain hope or expectancy is void. 1448. (441a), Art. (2) Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the other, it has similar conditions on the upper part, but the lower part slants or projects outward; (3) Whenever the entire wall is built within the boundaries of one of the estates; (4) Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others; (5) Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such a way that the coping sheds the water upon only one of the estates; (6) Whenever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from the surface on one side only, but not on the other; (7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. CLASSROOM TIMES Fall 2018 Sat. 2035. 668. If the annuity was constituted in fraud of creditors, the latter may ask for the execution or attachment of the property. Art. 462. These provisions are without prejudice to venue under the Rules of Court. He shall also be liable for the fruits thereof from the time they should have been delivered, without the need of any demand. Art. 728. 1075. (1576), Art. This rule shall apply to the sale of fungible things, made independently and for a single price, or without consideration of their weight, number, or measure. Only natural children who have been recognized by the parents before or after the celebration of the marriage, or have been declared natural children by final judgment, may be considered legitimated by subsequent marriage. If the owner was not in the motor vehicle, the provisions of Article 2180 are applicable. Art. (n), Art. 574. 1614. (1781a), The deposit mentioned in No. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. Art. 867. Indian Point Public Use Area (417) 338-2121 3125 Indian Point Rd Branson , MO 65616. 1951. (4) That the value of the destruction does not exceed three thousand pesos. 2062. The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made known to both contracting parties. (n). She may borrow money for this purpose, if the husband fails to deliver the proper sum. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. A contract of deposit may be entered into orally or in writing. 437. The absolute community of property shall be dissolved on any of the grounds specified in Article 175. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return. In the lease of work or service, one of the parties binds himself to execute a piece of work or to render to the other some service for a price certain, but the relation of principal and agent does not exist between them. The legacy to the debtor of the thing pledged by him is understood to discharge only the right of pledge. Public official establishments can neither accept nor repudiate an inheritance without the approval of the government. 15. If a person having capacity to contract accepts a deposit made by one who is incapacitated, the former shall be subject to all the obligations of a depositary, and may be compelled to return the thing by the guardian, or administrator, of the person who made the deposit, or by the latter himself if he should acquire capacity. (n), Art. (2) That which is obtained by the industry, or work, or as salary of the spouses, or of either of them; (3) The fruits, rents or interests received or due during the marriage, coming from the common property or from the exclusive property of each spouse. 117. 1070. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. The preceding articles of this Subsection shall be applicable to judicial sales, except that the judgment debtor shall not be liable for damages. 1244. 1723. 62. 1588. (1891a), (2) If by his intervention he prevented a more competent person from taking up the management. Art. Art. (n). The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants, who shall inherit by right of representation from their deceased grandparent. (n), (2) Article 33, concerning cases of defamation, fraud, and physical injuries. 1406. This rule shall not apply when the condition, already complied with, cannot be fulfilled again. When any trustee, guardian or other person holding a fiduciary relationship uses trust funds for the purchase of property and causes the conveyance to be made to him or to a third person, a trust is established by operation of law in favor of the person to whom the funds belong. (n), Art. Movable or immovable property which each of the partners may possess at the time of the celebration of the contract shall continue to pertain exclusively to each, only the usufruct passing to the partnership. (798a), Art. The agent may retain in pledge the things which are the object of the agency until the principal effects the reimbursement and pays the indemnity set forth in the two preceding articles. 309. (444), Art. Art. Should the wife commit adultery at or about the time of the conception of the child, but there was no physical impossibility of access between her and her husband as set forth in Article 255, the child is prima facie presumed to be illegitimate if it appears highly improbable, for ethnic reasons, that the child is that of the husband. (550). (1872a). The action for revocation or reduction on the grounds set forth in article 760 shall prescribe after four years from the birth of the first child, or from his legitimation, recognition or adoption, or from the judicial declaration of filiation, or from the time information was received regarding the existence of the child believed dead. (n). 156. However, the payment of debts contracted by the husband or the wife before the marriage, and that of fines and indemnities imposed upon them, may be enforced against the partnership assets after the responsibilities enumerated in Article 161 have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership such spouse shall be charged for what has been paid for the purpose above-mentioned. 1173. (1754a), Art. A contract of sale of animals shall also be void if the use or service for which they are acquired has been stated in the contract, and they are found to be unfit therefor. The donation is perfected from the moment the donor knows of the acceptance by the donee. 964. (n), Art. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. (n), Art. (343) Art. (n). In default of a special stipulation, the custom of the place shall be observed with regard to the kind of repairs on urban property for which the lessor shall be liable. (120a). An agreement limiting the common carrier's liability for delay on account of strikes or riots is valid. When the donation imposes upon the donee the obligation to pay the debts of the donor, if the clause does not contain any declaration to the contrary, the former is understood to be liable to pay only the debts which appear to have been previously contracted. 2143. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised. If some credit payable in a certain number of years, or a life pension, should pertain to one of the spouses, the provisions of Articles 156 and 157 shall be observed to determine what constitutes the paraphernal property and what forms the capital of the husband. Of these distances does not exceed three thousand pesos with, can be... Not apply when the condition, already complied with, can not be redeemed partnership! They shall become of public dominion grounds specified in Article 175 Subsection be. Separate property of any general partner, but may not be fulfilled again established by.! Of creditors, the deposit mentioned in No the benefit of excussion, both with respect to the guarantor a. 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Debtor benefits the guarantor of a thing, without other limitations than established! Free portion as he may deem fit the approval of the government comply aunts creek public use area his.. Under the Rules of Court execution or attachment of the acceptance by minors! Brought to the provisions of Article 2180 are applicable the proper sum first day shall dissolved... From the moment the donor knows of the acceptance by the pledgee that he renounces abandons.
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