Article 377. Article 854. The husband is the administrator of the conjugal partnership. Article 1809. Article 1850. If the contractor bound himself to furnish the material, he shall suffer the loss if the work should be destroyed before its delivery, save when there has been delay in receiving it. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. (1411a), SECTION 5Administration of the Conjugal Partnership, Article 165. Article 1469. (1840), Article 2069. (n), Article 2262. Article 979. The contributions of a limited partner may be cash or property, but not services. As to its object, a partnership is either universal or particular. Article 2221. Donations which are to take effect inter vivos shall be governed by the general provisions on contracts and obligations in all that is not determined in this Title. Warranty in Case of Eviction. (7) The individual property of a deceased partner shall be liable for the contributions specified in No. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied. In a contract of sale, unless a contrary intention appears, there is: (1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the ownership is to pass, and that the buyer shall from that time have and enjoy the legal and peaceful possession of the thing; (2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the buyer. Whatever may be lost during the marriage in any kind of gambling, betting or game, whether permitted or prohibited by law, shall be borne by the loser, and shall not be charged to the conjugal partnership. If the right of action is based upon the incapacity of any one of the contracting parties, the loss of the thing shall not be an obstacle to the success of the action, unless said loss took place through the fraud or fault of the plaintiff. (28a). A lessee or a bailee is estopped from asserting title to the thing leased or received, as against the lessor or bailor. Goods are no longer in transit within the meaning of the preceding article: (1) If the buyer, or his agent in that behalf, obtains delivery of the goods before their arrival at the appointed destination; (2) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent; and it is immaterial that further destination for the goods may have been indicated by the buyer; (3) If the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless: (1) The first marriage was annulled or dissolved; or, (2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to articles 390 and 391. But if the thing should have been lost in part only, the vendee may choose between withdrawing from the contract and demanding the remaining part, paying its price in proportion to the total sum agreed upon. (1333a). (1960a), Article 1139. If the potestative condition imposed upon the heir is negative, or consists in not doing or not giving something, he shall comply by giving a security that he will not do or give that which has been prohibited by the testator, and that in case of contravention he will return whatever he may have received, together with its fruits and interests. If the revocation is based upon noncompliance with any of the conditions imposed in the donation, the donee shall return not only the property but also the fruits thereof which he may have received after having failed to fulfill the condition. But if deterioration or injury of the goods is due to the breach or warranty, such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale. A foundling shall be under the parental authority of the person or institution that has reared the same. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. (632a). 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. (7a), Article 14. (656), Article 774. The provisions of article 1602 shall also apply to a contract purporting to be an absolute sale. (n), Article 1340. Civil Code of the Phil. (n), Article 314. Article 856. Easements are inseparable from the estate to which they actively or passively belong. Article 310. Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. provided. When partnership property is attached for a partnership debt the partners, or any of them, or the representatives of a deceased partner, cannot claim any right under the homestead or exemption laws; (4) A partner's right in specific partnership property is not subject to legal support under article 291. (n), Article 1928. (926a), Article 975. (917). Article 2202. The following are of public dominion: (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. (1772a), Article 1986. This rule shall be applicable when only one of the parties is guilty; but the innocent one may claim what he has given, and shall not be bound to comply with his promise. The defense of illegality of contract is not available to third persons whose interests are not directly affected. In the contract of sale of goods by description or by sample, the contract may be rescinded if the bulk of the goods delivered do not correspond with the description or the sample, and if the contract be by sample as well as description, it is not sufficient that the bulk of goods correspond with the sample if they do not also correspond with the description. A general partner shall have all the rights and powers and be subject to all the restrictions and liabilities of a partner in a partnership without limited partners. Subject to zoning, health, police and other laws and regulations, factories and shops may be maintained provided the least possible annoyance is caused to the neighborhood. The bed and bedding which the spouses ordinarily use shall not be included in the inventory. (1157), Article 1234. (n), Article 2046. In the case of the preceding article, the co-guarantors may set up against the one who paid, the same defenses which would have pertained to the principal debtor against the creditor, and which are not purely personal to the debtor. Rescission shall be only to the extent necessary to cover the damages caused. In the absence of a record of birth, authentic document, final judgment or possession of status, legitimate filiation may be proved by any other means allowed by the Rules of Court and special laws. Subrogation of a third person in the rights of the creditor is either legal or conventional. Among the codes which Spain enforced in the Philippines were the Spanish Civil Code and the Penal Code. (1206a), Article 1296. Continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title. Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. The principal may revoke the agency at will, and compel the agent to return the document evidencing the agency. Investigation of the paternity or maternity of children mentioned in the two preceding articles is permitted under the circumstances specified in articles 283 and 284. Should the work be not of such quality, the employer may require that the contractor remove the defect or execute another work. The commission agent cannot, without the express or implied consent of the principal, sell on credit. (n), Article 783. Recognized natural and adopted children who are under the age of majority are under the parental authority of the father or mother recognizing or adopting them, and are under the same obligation stated in the preceding paragraph. The price or compensation shall be paid at the time and place of delivery of the work, unless there is a stipulation to the contrary. (n), Article 2265. Whoever alleges the legitimacy or the illegitimacy of such child must prove his allegation. No express trusts concerning an immovable or any interest therein may be proved by parol evidence. The adoption shall be recorded in the local civil register. (375), Article 467. The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of Chapter 2 of this Title. (n), Article 1471. (367), Article 459. (837a). The complaint for separation and the final judgment declaring the same, shall be noted and recorded in the proper registers of property, if the judgment should refer to immovable property. If a natural child is recognized or judicially declared as natural, such recognition or declaration shall extend to his or her brothers or sisters of the full blood: Provided, That the consent of the latter shall be implied if they do not impugn the recognition within four years from the time of such recognition, or in case they are minors, within four years following the attainment of majority. The provisions of this Title are subject to the rules laid down by the Mortgage Law and the Land Registration Law with regard to immovable property. If the testator has instituted only one heir, and the institution is limited to an aliquot part of the inheritance, legal succession takes place with respect to the remainder of the estate. (1268), Article 1337. Article 1317. Article 235. The house helper's clothes shall be subject to stipulation. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. 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