REPUBLIC ACT NO.

386 AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws ARTICLE 1.This Act shall be known as the Ci!il Code of the Philippines. "n# ARTICLE $.Laws shall take effect afte% fifteen da&s followin' the co(pletion of thei% p)blication in the *fficial +a,ette- )nless it is othe%wise p%o!ided. This Code shall take effect one &ea% afte% s)ch p)blication. "1a# cd i ARTICLE ..I'no%ance of the law e/c)ses no one f%o( co(pliance the%ewith. "$# ARTICLE 0.Laws shall ha!e no %et%oacti!e effect- )nless the cont%a%& is p%o!ided. ".# ARTICLE 1.Acts e/ec)ted a'ainst the p%o!isions of (andato%& o% p%ohibito%& laws shall be !oid- e/cept when the law itself a)tho%i,es thei% !alidit&. "0a# ARTICLE 2.Ri'hts (a& be wai!ed- )nless the wai!e% is cont%a%& to law- p)blic o%de%- p)blic polic&- (o%als- o% 'ood c)sto(s- o% p%e3)dicial to a thi%d pe%son with a %i'ht %eco'ni,ed b& law. "0a# ARTICLE 4.Laws a%e %epealed onl& b& s)bse5)ent ones- and thei% !iolation o% non6obse%!ance shall not be e/c)sed b& dis)se- o% c)sto( o% p%actice to the cont%a%&. 7hen the co)%ts decla%e a law to be inconsistent with the Constit)tion- the fo%(e% shall be !oid and the latte% shall 'o!e%n. cd i Ad(inist%ati!e o% e/ec)ti!e acts- o%de%s and %e')lations shall be !alid onl& when the& a%e not cont%a%& to the laws o% the Constit)tion. "1a# ARTICLE 8.9)dicial decisions appl&in' o% inte%p%etin' the laws o% the Constit)tion shall fo%( pa%t of the le'al s&ste( of the Philippines. "n# ARTICLE :.No 3)d'e o% co)%t shall decline to %ende% 3)d'(ent b& %eason of the silence- obsc)%it& o% ins)fficienc& of the laws. "2#

ARTICLE 1;.In case of do)bt in the inte%p%etation o% application of laws- it is p%es)(ed that the law(akin' bod& intended %i'ht and 3)stice to p%e!ail. "n# ARTICLE 11.C)sto(s which a%e cont%a%& to law- p)blic o%de% o% p)blic polic& shall not be co)ntenanced. "n# ARTICLE 1$.A c)sto( ()st be p%o!ed as a fact- acco%din' to the %)les of e!idence. "n# ARTICLE 1..7hen the laws speak of &ea%s- (onths- da&s o% ni'hts- it shall be )nde%stood that &ea%s a%e of th%ee h)nd%ed si/t&6fi!e da&s each< (onths- of thi%t& da&s< da&s- of twent&6fo)% ho)%s< and ni'hts f%o( s)nset to s)n%ise. If (onths a%e desi'nated b& thei% na(e- the& shall be co(p)ted b& the n)(be% of da&s which the& %especti!el& ha!e. In co(p)tin' a pe%iod- the fi%st da& shall be e/cl)ded- and the last da& incl)ded. "4a# ARTICLE 10.Penal laws and those of p)blic sec)%it& and safet& shall be obli'ato%& )pon all who li!e o% so3o)%n in Philippine te%%ito%&- s)b3ect to the p%inciples of p)blic inte%national law and to t%eat& stip)lations. "8a# acd ARTICLE 11.Laws %elatin' to fa(il& %i'hts and d)ties- o% to the stat)s- condition and le'al capacit& of pe%sons a%e bindin' )pon citi,ens of the Philippines- e!en tho)'h li!in' ab%oad. ":a# ARTICLE 12.Real p%ope%t& as well as pe%sonal p%ope%t& is s)b3ect to the law of the co)nt%& whe%e it is sit)ated. Howe!e%- intestate and testa(enta%& s)ccessions- both with %espect to the o%de% of s)ccession and to the a(o)nt of s)ccessional %i'hts and to the int%insic !alidit& of testa(enta%& p%o!isions- shall be %e')lated b& the national law of the pe%son whose s)ccession is )nde% conside%ation- whate!e% (a& be the nat)%e of the p%ope%t& and %e'a%dless of the co)nt%& whe%ein said p%ope%t& (a& be fo)nd. "1;a# ARTICLE 14.The fo%(s and sole(nities of cont%acts- wills- and othe% p)blic inst%)(ents shall be 'o!e%ned b& the laws of the co)nt%& in which the& a%e e/ec)ted. 7hen the acts %efe%%ed to a%e e/ec)ted befo%e the diplo(atic o% cons)la% officials of the Rep)blic of the Philippines in a fo%ei'n co)nt%&- the sole(nities established b& Philippine laws shall be obse%!ed in thei% e/ec)tion. cd P%ohibiti!e laws conce%nin' pe%sons- thei% acts o% p%ope%t&- and those which ha!e fo% thei% ob3ect p)blic o%de%- p)blic polic& and 'ood c)sto(s shall not be %ende%ed

ineffecti!e b& laws o% 3)d'(ents p%o()l'ated- o% b& dete%(inations o% con!entions a'%eed )pon in a fo%ei'n co)nt%&. "11a# ARTICLE 18. In (atte%s which a%e 'o!e%ned b& the Code of Co((e%ce and special laws- thei% deficienc& shall be s)pplied b& the p%o!isions of this Code. "12a# CHAPTER $ H)(an Relations "n# ARTICLE 1:.E!e%& pe%son ()st- in the e/e%cise of his %i'hts and in the pe%fo%(ance of his d)ties- act with 3)stice- 'i!e e!e%&one his d)e- and obse%!e honest& and 'ood faith. ARTICLE $;.E!e%& pe%son who- cont%a%& to law- wilf)ll& o% ne'li'entl& ca)ses da(a'e to anothe%- shall inde(nif& the latte% fo% the sa(e. ARTICLE $1.An& pe%son who wilf)ll& ca)ses loss o% in3)%& to anothe% in a (anne% that is cont%a%& to (o%als- 'ood c)sto(s o% p)blic polic& shall co(pensate the latte% fo% the da(a'e. ARTICLE $$.E!e%& pe%son who th%o)'h an act of pe%fo%(ance b& anothe%- o% an& othe% (eans- ac5)i%es o% co(es into possession of so(ethin' at the e/pense of the latte% witho)t 3)st o% le'al '%o)nd- shall %et)%n the sa(e to hi(. cdt ARTICLE $..E!en when an act o% e!ent ca)sin' da(a'e to anothe%=s p%ope%t& was not d)e to the fa)lt o% ne'li'ence of the defendant- the latte% shall be liable fo% inde(nit& if th%o)'h the act o% e!ent he was benefited. ARTICLE $0.In all cont%act)al- p%ope%t& o% othe% %elations- when one of the pa%ties is at a disad!anta'e on acco)nt of his (o%al dependence- i'no%anceindi'ence- (ental weakness- tende% a'e o% othe% handicap- the co)%ts ()st be !i'ilant fo% his p%otection. ARTICLE $1.Tho)'htless e/t%a!a'ance in e/penses fo% pleas)%e o% displa& d)%in' a pe%iod of ac)te p)blic want o% e(e%'enc& (a& be stopped b& o%de% of the co)%ts at the instance of an& 'o!e%n(ent o% p%i!ate cha%itable instit)tion. ARTICLE $2.E!e%& pe%son shall %espect the di'nit&- pe%sonalit&- p%i!ac& and peace of (ind of his nei'hbo%s and othe% pe%sons. The followin' and si(ila% actstho)'h the& (a& not constit)te a c%i(inal offense- shall p%od)ce a ca)se of action fo% da(a'es- p%e!ention and othe% %elief> "1#P%&in' into the p%i!ac& of anothe%=s %esidence<

"$#Meddlin' with o% dist)%bin' the p%i!ate life o% fa(il& %elations of anothe%< ".#Int%i')in' to ca)se anothe% to be alienated f%o( his f%iends< "0#?e/in' o% h)(iliatin' anothe% on acco)nt of his %eli'io)s beliefs- lowl& station in life- place of bi%th- ph&sical defect- o% othe% pe%sonal condition. aisa dc ARTICLE $4.An& pe%son s)ffe%in' (ate%ial o% (o%al loss beca)se a p)blic se%!ant o% e(plo&ee %ef)ses o% ne'lects- witho)t 3)st ca)se- to pe%fo%( his official d)t& (a& file an action fo% da(a'es and othe% %elief a'ainst the latte%witho)t p%e3)dice to an& disciplina%& ad(inist%ati!e action that (a& be taken. ARTICLE $8.@nfai% co(petition in a'%ic)lt)%al- co((e%cial o% ind)st%ial ente%p%ises o% in labo% th%o)'h the )se of fo%ce- inti(idation- deceit- (achination o% an& othe% )n3)st- opp%essi!e o% hi'hhanded (ethod shall 'i!e %ise to a %i'ht of action b& the pe%son who the%eb& s)ffe%s da(a'e. ARTICLE $:.7hen the acc)sed in a c%i(inal p%osec)tion is ac5)itted on the '%o)nd that his ')ilt has not been p%o!ed be&ond %easonable do)bt- a ci!il action fo% da(a'es fo% the sa(e act o% o(ission (a& be instit)ted. A)ch action %e5)i%es onl& a p%eponde%ance of e!idence. @pon (otion of the defendant- the co)%t (a& %e5)i%e the plaintiff to file a bond to answe% fo% da(a'es in case the co(plaint sho)ld be fo)nd to be (alicio)s. If in a c%i(inal case the 3)d'(ent of ac5)ittal is based )pon %easonable do)btthe co)%t shall so decla%e. In the absence of an& decla%ation to that effect- it (a& be infe%%ed f%o( the te/t of the decision whethe% o% not the ac5)ittal is d)e to that '%o)nd. ARTICLE .;.7hen a sepa%ate ci!il action is b%o)'ht to de(and ci!il liabilit& a%isin' f%o( a c%i(inal offense- and no c%i(inal p%oceedin's a%e instit)ted d)%in' the pendenc& of the ci!il case- a p%eponde%ance of e!idence shall likewise be s)fficient to p%o!e the act co(plained of. ARTICLE .1.7hen the ci!il action is based on an obli'ation not a%isin' f%o( the act o% o(ission co(plained of as a felon&- s)ch ci!il action (a& p%oceed independentl& of the c%i(inal p%oceedin's and %e'a%dless of the %es)lt of the latte%. acd ARTICLE .$.An& p)blic office% o% e(plo&ee- o% an& p%i!ate indi!id)al- who di%ectl& o% indi%ectl& obst%)cts- defeats- !iolates o% in an& (anne% i(pedes o% i(pai%s an& of the followin' %i'hts and libe%ties of anothe% pe%son shall be liable to the latte% fo% da(a'es> "1#B%eedo( of %eli'ion<

"$#B%eedo( of speech< ".#B%eedo( to w%ite fo% the p%ess o% to (aintain a pe%iodical p)blication< "0#B%eedo( f%o( a%bit%a%& o% ille'al detention< "1#B%eedo( of s)ff%a'e< "2#The %i'ht a'ainst dep%i!ation of p%ope%t& witho)t d)e p%ocess of law< "4#The %i'ht to a 3)st co(pensation when p%i!ate p%ope%t& is taken fo% p)blic )se< "8#The %i'ht to the e5)al p%otection of the laws< ":#The %i'ht to be sec)%e in one=s pe%son- ho)se- pape%s- and effects a'ainst )n%easonable sea%ches and sei,)%es< "1;#The libe%t& of abode and of chan'in' the sa(e< "11#The p%i!ac& of co(()nication and co%%espondence< cd "1$#The %i'ht to beco(e a (e(be% of associations o% societies fo% p)%poses not cont%a%& to law< "1.#The %i'ht to take pa%t in a peaceable asse(bl& to petition the +o!e%n(ent fo% %ed%ess of '%ie!ances< "10#The %i'ht to be f%ee f%o( in!ol)nta%& se%!it)de in an& fo%(< "11#The %i'ht of the acc)sed a'ainst e/cessi!e bail< "12# The %i'ht of the acc)sed to be hea%d b& hi(self and co)nsel- to be info%(ed of the nat)%e and ca)se of the acc)sation a'ainst hi(- to ha!e a speed& and p)blic t%ial- to (eet the witnesses face to face- and to ha!e co(p)lso%& p%ocess to sec)%e the attendance of witness in his behalf< aisa dc "14#B%eedo( f%o( bein' co(pelled to be a witness a'ainst one=s self- o% f%o( bein' fo%ced to confess ')ilt- o% f%o( bein' ind)ced b& a p%o(ise of i(()nit& o% %ewa%d to (ake s)ch confession- e/cept when the pe%son confessin' beco(es a Atate witness< "18#B%eedo( f%o( e/cessi!e fines- o% c%)el and )n)s)al p)nish(ent- )nless the sa(e is i(posed o% inflicted in acco%dance with a stat)te which has not been 3)diciall& decla%ed )nconstit)tional< and

"1:#B%eedo( of access to the co)%ts. In an& of the cases %efe%%ed to in this a%ticle- whethe% o% not the defendant=s act o% o(ission constit)tes a c%i(inal offense- the a''%ie!ed pa%t& has a %i'ht to co((ence an enti%el& sepa%ate and distinct ci!il action fo% da(a'es- and fo% othe% %elief. A)ch ci!il action shall p%oceed independentl& of an& c%i(inal p%osec)tion "if the latte% be instit)ted#- and (a& be p%o!ed b& a p%eponde%ance of e!idence. The inde(nit& shall incl)de (o%al da(a'es. E/e(pla%& da(a'es (a& also be ad3)dicated. acd The %esponsibilit& he%ein set fo%th is not de(andable f%o( a 3)d'e )nless his act o% o(ission constit)tes a !iolation of the Penal Code o% othe% penal stat)te. ARTICLE ...In cases of defa(ation- f%a)d- and ph&sical in3)%ies- a ci!il action fo% da(a'es- enti%el& sepa%ate and distinct f%o( the c%i(inal action- (a& be b%o)'ht b& the in3)%ed pa%t&. A)ch ci!il action shall p%oceed independentl& of the c%i(inal p%osec)tion- and shall %e5)i%e onl& a p%eponde%ance of e!idence. ARTICLE .0.7hen a (e(be% of a cit& o% ()nicipal police fo%ce %ef)ses o% fails to %ende% aid o% p%otection to an& pe%son in case of dan'e% to life o% p%ope%t&- s)ch peace office% shall be p%i(a%il& liable fo% da(a'es- and the cit& o% ()nicipalit& shall be s)bsidia%il& %esponsible the%efo%. The ci!il action he%ein %eco'ni,ed shall be independent of an& c%i(inal p%oceedin's- and a p%eponde%ance of e!idence shall s)ffice to s)ppo%t s)ch action. ARTICLE .1.7hen a pe%son- clai(in' to be in3)%ed b& a c%i(inal offensecha%'es anothe% with the sa(e- fo% which no independent ci!il action is '%anted in this Code o% an& special law- b)t the 3)stice of the peace finds no %easonable '%o)nds to belie!e that a c%i(e has been co((itted- o% the p%osec)tin' atto%ne& %ef)ses o% fails to instit)te c%i(inal p%oceedin's- the co(plainant (a& b%in' a ci!il action fo% da(a'es a'ainst the alle'ed offende%. A)ch ci!il action (a& be s)ppo%ted b& a p%eponde%ance of e!idence. @pon the defendant=s (otion- the co)%t (a& %e5)i%e the plaintiff to file a bond to inde(nif& the defendant in case the co(plaint sho)ld be fo)nd to be (alicio)s. If d)%in' the pendenc& of the ci!il action- an info%(ation sho)ld be p%esented b& the p%osec)tin' atto%ne&- the ci!il action shall be s)spended )ntil the te%(ination of the c%i(inal p%oceedin's. aisa dc ARTICLE .2.P%e63)dicial 5)estions- which ()st be decided befo%e an& c%i(inal p%osec)tion (a& be instit)ted o% (a& p%oceed- shall be 'o!e%ned b& %)les of co)%t which the A)p%e(e Co)%t shall p%o()l'ate and which shall not be in conflict with the p%o!isions of this Code.

C**D I Pe%sons TITLE I Ci!il Pe%sonalit& CHAPTER 1 +ene%al P%o!isions ARTICLE .4.9)%idical capacit&- which is the fitness to be the s)b3ect of le'al %elations- is inhe%ent in e!e%& nat)%al pe%son and is lost onl& th%o)'h death. Capacit& to act- which is the powe% to do acts with le'al effect- is ac5)i%ed and (a& be lost. "n# ARTICLE .8.Mino%it&- insanit& o% i(becilit&- the state of bein' a deaf6()tep%odi'alit& and ci!il inte%diction a%e (e%e %est%ictions on capacit& to act- and do not e/e(pt the incapacitated pe%son f%o( ce%tain obli'ations- as when the latte% a%ise f%o( his acts o% f%o( p%ope%t& %elations- s)ch as ease(ents. ".$a# ARTICLE .:.The followin' ci%c)(stances- a(on' othe%s- (odif& o% li(it capacit& to act> a'e- insanit&- i(becilit&- the state of bein' a deaf6()te- penalt&p%odi'alit&- fa(il& %elations- aliena'e- absence- insol!enc& and t%)steeship. The conse5)ences of these ci%c)(stances a%e 'o!e%ned in this Code- othe% codesthe R)les of Co)%t- and in special laws. Capacit& to act is not li(ited on acco)nt of %eli'io)s belief o% political opinion. cd A (a%%ied wo(an- twent&6one &ea%s of a'e o% o!e%- is 5)alified fo% all acts of ci!il life- e/cept in cases specified b& law. "n# CHAPTER $ Nat)%al Pe%sons ARTICLE 0;.Ci%th dete%(ines pe%sonalit&< b)t the concei!ed child shall be conside%ed bo%n fo% all p)%poses that a%e fa!o%able to it- p%o!ided it be bo%n late% with the conditions specified in the followin' a%ticle. "$:a# ARTICLE 01.Bo% ci!il p)%poses- the foet)s is conside%ed bo%n if it is ali!e at the ti(e it is co(pletel& deli!e%ed f%o( the (othe%=s wo(b. Howe!e%- if the foet)s had an int%a6)te%ine life of less than se!en (onths- it is not dee(ed bo%n if it dies within twent&6fo)% ho)%s afte% its co(plete deli!e%& f%o( the (ate%nal wo(b. ".;a#

ARTICLE 0$.Ci!il pe%sonalit& is e/tin')ished b& death. acd The effect of death )pon the %i'hts and obli'ations of the deceased is dete%(ined b& law- b& cont%act and b& will. ".$a# ARTICLE 0..If the%e is a do)bt- as between two o% (o%e pe%sons who a%e called to s)cceed each othe%- as to which of the( died fi%st- whoe!e% alle'es the death of one p%io% to the othe%- shall p%o!e the sa(e< in the absence of p%oof- it is p%es)(ed that the& died at the sa(e ti(e and the%e shall be no t%ans(ission of %i'hts f%o( one to the othe%. "..# CHAPTER . 9)%idical Pe%sons ARTICLE 00.The followin' a%e 3)%idical pe%sons> "1#The Atate and its political s)bdi!isions< "$#*the% co%po%ations- instit)tions and entities fo% p)blic inte%est o% p)%posec%eated b& law< thei% pe%sonalit& be'ins as soon as the& ha!e been constit)ted acco%din' to law< ".#Co%po%ations- pa%tne%ships and associations fo% p%i!ate inte%est o% p)%pose to which the law '%ants a 3)%idical pe%sonalit&- sepa%ate and distinct f%o( that of each sha%eholde%- pa%tne% o% (e(be%. ".1a# acd ARTICLE 01.9)%idical pe%sons (entioned in Nos. 1 and $ of the p%ecedin' a%ticle a%e 'o!e%ned b& the laws c%eatin' o% %eco'ni,in' the(. P%i!ate co%po%ations a%e %e')lated b& laws of 'ene%al application on the s)b3ect. Pa%tne%ships and associations fo% p%i!ate inte%est o% p)%pose a%e 'o!e%ned b& the p%o!isions of this Code conce%nin' pa%tne%ships. ".2 and .4a# ARTICLE 02.9)%idical pe%sons (a& ac5)i%e and possess p%ope%t& of all kinds- as well as inc)% obli'ations and b%in' ci!il o% c%i(inal actions- in confo%(it& with the laws and %e')lations of thei% o%'ani,ation. ".8a# ARTICLE 04.@pon the dissol)tion of co%po%ations- instit)tions and othe% entities fo% p)blic inte%est o% p)%pose (entioned in No. $ of a%ticle 00- thei% p%ope%t& and othe% assets shall be disposed of in p)%s)ance of law o% the cha%te% c%eatin' the(. If nothin' has been specified on this point- the p%ope%t& and othe% assets shall be applied to si(ila% p)%poses fo% the benefit of the %e'ion- p%o!ince- cit& o%

()nicipalit& which d)%in' the e/istence of the instit)tion de%i!ed the p%incipal benefits f%o( the sa(e. ".:a# TITLE II Citi,enship and Eo(icile ARTICLE 08.The followin' a%e citi,ens of the Philippines> "1#Those who we%e citi,ens of the Philippines at the ti(e of the adoption of the Constit)tion of the Philippines< "$#Those bo%n in the Philippines of fo%ei'n pa%ents who- befo%e the adoption of said Constit)tion- had been elected to p)blic office in the Philippines< ".#Those whose fathe%s a%e citi,ens of the Philippines< acd "0#Those whose (othe%s a%e citi,ens of the Philippines and- )pon %eachin' the a'e of (a3o%it&- elect Philippine citi,enship< "1#Those who a%e nat)%ali,ed in acco%dance with law. "n# ARTICLE 0:.Nat)%ali,ation and the loss and %eac5)isition of citi,enship of the Philippines a%e 'o!e%ned b& special laws. "n# ARTICLE 1;.Bo% the e/e%cise of ci!il %i'hts and the f)lfill(ent of ci!il obli'ationsthe do(icile of nat)%al pe%sons is the place of thei% habit)al %esidence. "0;a# ARTICLE 11.7hen the law c%eatin' o% %eco'ni,in' the(- o% an& othe% p%o!ision does not fi/ the do(icile of 3)%idical pe%sons- the sa(e shall be )nde%stood to be the place whe%e thei% le'al %ep%esentation is established o% whe%e the& e/e%cise thei% p%incipal f)nctions. "01a# casia TITLE III Ma%%ia'e CHAPTER 1 Re5)isites of Ma%%ia'e ARTICLE 1$.Ma%%ia'e is not a (e%e cont%act b)t an in!iolable social instit)tion. Its nat)%e- conse5)ences and incidents a%e 'o!e%ned b& law and not s)b3ect to stip)lation- e/cept that the (a%%ia'e settle(ents (a& to a ce%tain e/tent fi/ the p%ope%t& %elations d)%in' the (a%%ia'e. "n#

ARTICLE 1..No (a%%ia'e shall be sole(ni,ed )nless all these %e5)isites a%e co(plied with> "1#Le'al capacit& of the cont%actin' pa%ties< "$#Thei% consent- f%eel& 'i!en< ".#A)tho%it& of the pe%son pe%fo%(in' the (a%%ia'e< and "0#A (a%%ia'e license- e/cept in a (a%%ia'e of e/ceptional cha%acte% "Aec. 1aa%t. .21.#. ARTICLE 10.An& (ale of the a'e of si/teen &ea%s o% )pwa%ds- and an& fe(ale of the a'e of fo)%teen &ea%s o% )pwa%ds- not )nde% an& of the i(pedi(ents (entioned in a%ticles 8; to 80- (a& cont%act (a%%ia'e. "$# acd ARTICLE 11.No pa%tic)la% fo%( fo% the ce%e(on& of (a%%ia'e is %e5)i%ed- b)t the pa%ties with le'al capacit& to cont%act (a%%ia'e ()st decla%e- in the p%esence of the pe%son sole(ni,in' the (a%%ia'e and of two witnesses of le'al a'e- that the& take each othe% as h)sband and wife. This decla%ation shall be set fo%th in an inst%)(ent in t%iplicate- si'ned b& si'nat)%e o% (a%k b& the cont%actin' pa%ties and said two witnesses and attested b& the pe%son sole(ni,in' the (a%%ia'e. In case of a (a%%ia'e on the point of death- when the d&in' pa%t&- bein' ph&sicall& )nable- cannot si'n the inst%)(ent b& si'nat)%e o% (a%k- it shall be s)fficient fo% one of the witnesses to the (a%%ia'e to si'n in his na(e- which fact shall be attested b& the (iniste% sole(ni,in' the (a%%ia'e. ".# ARTICLE 12.Ma%%ia'e (a& be sole(ni,ed b&> "1#The Chief 9)stice and Associate 9)stices of the A)p%e(e Co)%t< "$#The P%esidin' 9)stice and the 9)stices of the Co)%t of Appeals< ".#9)d'es of the Co)%ts of Bi%st Instance< cda "0#Ma&o%s of cities and ()nicipalities< "1#M)nicipal 3)d'es and 3)stices of the peace< "2#P%iests- %abbis- (iniste%s of the 'ospel of an& deno(ination- ch)%ch- %eli'ion o% sect- d)l& %e'iste%ed- as p%o!ided in a%ticle :$< and "4#Ahip captains- ai%plane chiefs- (ilita%& co((ande%s- and cons)ls and !ice6 cons)ls in special cases p%o!ided in a%ticles 40 and 41. "0a#

ARTICLE 14.The (a%%ia'e shall be sole(ni,ed p)blicl& in the office of the 3)d'e in open co)%t o% of the (a&o%- o% in the ch)%ch- chapel o% te(ple- as the case (a& be- and not elsewhe%e- e/cept in cases of (a%%ia'es cont%acted on the point of death o% in %e(ote places in acco%dance with a%ticle 4$ of this Code- o% in case of (a%%ia'e %efe%%ed to in a%ticle 42 o% when one of the pa%ents o% the ')a%dian of the fe(ale o% the latte% he%self if o!e% ei'hteen &ea%s of a'e %e5)est it in w%itin'in which cases the (a%%ia'e (a& be sole(ni,ed at a ho)se o% place desi'nated b& said pa%ent o% ')a%dian of the fe(ale o% b& the latte% he%self in a swo%n state(ent to that effect. "1a#

ARTICLE 18.Aa!e (a%%ia'es of an e/ceptional cha%acte% a)tho%i,ed in Chapte% $ of this Title- b)t not those )nde% a%ticle 41- no (a%%ia'e shall be sole(ni,ed witho)t a license fi%st bein' iss)ed b& the local ci!il %e'ist%a% of the ()nicipalit& whe%e eithe% cont%actin' pa%t& habit)all& %esides. "4a# cdasia ARTICLE 1:.The local ci!il %e'ist%a% shall iss)e the p%ope% license if each of the cont%actin' pa%ties swea%s sepa%atel& befo%e hi( o% befo%e an& p)blic official a)tho%i,ed to ad(iniste% oaths- to an application in w%itin' settin' fo%th that s)ch pa%t& has the necessa%& 5)alifications fo% cont%actin' (a%%ia'e. The applicantsthei% pa%ents o% ')a%dians shall not be %e5)i%ed to e/hibit thei% %esidence ce%tificates in an& fo%(alit& in connection with the sec)%in' of the (a%%ia'e license. A)ch application shall insofa% as possible contain the followin' data> "1#B)ll na(e of the cont%actin' pa%t&< "$#Place of bi%th< ".#A'e- date of bi%th< "0#Ci!il stat)s "sin'le- widow o% widowe%- o% di!o%ced#< "1#If di!o%ced- how and when the p%e!io)s (a%%ia'e was dissol!ed< "2#P%esent %esidence< cd i "4#Ee'%ee of %elationship of the cont%actin' pa%ties< "8#B)ll na(e of the fathe%< ":#Residence of the fathe%< "1;#B)ll na(e of the (othe%< "11#Residence of the (othe%<

"1$#B)ll na(e and %esidence of the ')a%dian o% pe%son ha!in' cha%'e- in case the cont%actin' pa%t& has neithe% fathe% no% (othe% and is )nde% the a'e of twent& &ea%s- if a (ale- o% ei'hteen &ea%s if a fe(ale. "4a# cdt ARTICLE 2;.The local ci!il %e'ist%a%- )pon %ecei!in' s)ch application- shall %e5)i%e the e/hibition of the o%i'inal baptis(al o% bi%th ce%tificates of the cont%actin' pa%ties o% copies of s)ch doc)(ents d)l& attested b& the pe%sons ha!in' c)stod& of the o%i'inals. These ce%tificates o% ce%tified copies of the doc)(ents %e5)i%ed b& this a%ticle need not be swo%n to and shall be e/e(pt f%o( the doc)(enta%& sta(p ta/. The si'nat)%e and official title of the pe%son iss)in' the ce%tificate shall be s)fficient p%oof of its a)thenticit&. If eithe% of the cont%actin' pa%ties is )nable to p%od)ce his baptis(al o% bi%th ce%tificate o% a ce%tified cop& of eithe% beca)se of the dest%)ction o% loss of the o%i'inal- o% if it is shown b& an affida!it of s)ch pa%t& o% of an& othe% pe%son that s)ch baptis(al o% bi%th ce%tificate has not &et been %ecei!ed tho)'h the sa(e has been %e5)ested of the pe%son ha!in' c)stod& the%eof at least fifteen da&s p%io% to the date of the application- s)ch pa%t& (a& f)%nish in lie) the%eof his %esidence ce%tificate fo% the c)%%ent &ea% o% an& p%e!io)s &ea%s- to show the a'e stated in his application o%- in the absence the%eof- an inst%)(ent d%awn )p and swo%n to befo%e the local ci!il %e'ist%a% conce%ned o% an& p)blic official a)tho%i,ed to sole(ni,e (a%%ia'e. A)ch inst%)(ent shall contain the swo%n decla%ation of two witnesses- of lawf)l a'e- of eithe% se/- settin' fo%th the f)ll na(e- p%ofession- and %esidence of s)ch cont%actin' pa%t& and of his o% he% pa%ents- if known- and the place and date of bi%th of s)ch pa%t&. The nea%est of kin of the cont%actin' pa%ties shall be p%efe%%ed as witnesses- and in thei% defa)lt- pe%sons well known in the p%o!ince o% the localit& fo% thei% honest& and 'ood %ep)te. acd The e/hibition of baptis(al o% bi%th ce%tificates shall not be %e5)i%ed if the pa%ents of the cont%actin' pa%ties appea% pe%sonall& befo%e the local ci!il %e'ist%a% conce%ned and swea% to the co%%ectness of the lawf)l a'e of said pa%ties- as stated in the application- o% when the local ci!il %e'ist%a% shall- b& (e%el& lookin' at the applicants )pon thei% pe%sonall& appea%in' befo%e hi(- be con!inced that eithe% o% both of the( ha!e the %e5)i%ed a'e. "8a# cd i ARTICLE 21.In case eithe% of the cont%actin' pa%ties is a widowed o% di!o%ced pe%son- the sa(e shall be %e5)i%ed to f)%nish- instead of the baptis(al o% bi%th ce%tificate %e5)i%ed in the last p%ecedin' a%ticle- the death ce%tificate of the deceased spo)se o% the dec%ee of the di!o%ce co)%t- as the case (a& be. In case the death ce%tificate cannot be fo)nd- the pa%t& shall (ake an affida!it settin' fo%th this ci%c)(stance and his o% he% act)al ci!il stat)s and the na(e and the date of the death of the deceased spo)se. In case eithe% o% both of the cont%actin' pa%ties- bein' neithe% widowed no% di!o%ced- a%e less than twent& &ea%s of a'e as %e'a%ds the (ale and less than

ei'hteen &ea%s as %e'a%ds the fe(ale- the& shall- in addition to the %e5)i%e(ents of the p%ecedin' a%ticles- e/hibit to the local ci!il %e'ist%a%- the consent to thei% (a%%ia'e- of thei% fathe%- (othe% o% ')a%dian- o% pe%sons ha!in' le'al cha%'e of the(- in the o%de% (entioned. A)ch consent shall be in w%itin'- )nde% oath taken with the appea%ance of the inte%ested pa%ties befo%e the p%ope% local ci!il %e'ist%a% o% in the fo%( of an affida!it (ade in the p%esence of two witnesses and attested befo%e an& official a)tho%i,ed b& law to ad(iniste% oaths. ":a# ARTICLE 2$.Males abo!e twent& b)t )nde% twent&6fi!e &ea%s of a'e- o% fe(ales abo!e ei'hteen b)t )nde% twent&6th%ee &ea%s of a'e- shall be obli'ed to ask thei% pa%ents o% ')a%dian fo% ad!ice )pon the intended (a%%ia'e. If the& do not obtain s)ch ad!ice- o% if it be )nfa!o%able- the (a%%ia'e shall not take place till afte% th%ee (onths followin' the co(pletion of the p)blication of the application fo% (a%%ia'e license. A swo%n state(ent b& the cont%actin' pa%ties to the effect that s)ch ad!ice has been so)'ht- to'ethe% with the w%itten ad!ice 'i!en- if an&- shall acco(pan& the application fo% (a%%ia'e license. Aho)ld the pa%ents o% ')a%dian %ef)se to 'i!e an& ad!ice- this fact shall be stated in the swo%n decla%ation. "n# cdtai ARTICLE 2..The local ci!il %e'ist%a% shall post d)%in' ten consec)ti!e da&s at the (ain doo% of the b)ildin' whe%e he has his office a notice- the location of which shall not be chan'ed once it has been placed- settin' fo%th the f)ll na(es and do(iciles of the applicants fo% a (a%%ia'e license and othe% info%(ation 'i!en in the application. This notice shall %e5)est all pe%sons ha!in' knowled'e of an& i(pedi(ent to the (a%%ia'e to ad!ise the local %e'ist%a% the%eof. The license shall be iss)ed afte% the co(pletion of the p)blication- )nless the local ci!il %e'ist%a% %ecei!es info%(ation )pon an& alle'ed i(pedi(ent to the (a%%ia'e. "1;a# ARTICLE 20.@pon bein' ad!ised of an& alle'ed i(pedi(ent to the (a%%ia'e- the local ci!il %e'ist%a% shall fo%thwith (ake an in!esti'ation- e/a(inin' pe%sons )nde% oath. If he is con!inced that the%e is an i(pedi(ent to the (a%%ia'e- it shall be his d)t& to withhold the (a%%ia'e license- )nless he is othe%wise o%de%ed b& a co(petent co)%t. "n# ARTICLE 21.The local ci!il %e'ist%a% shall de(and the p%e!io)s pa&(ent of fees %e5)i%ed b& law o% %e')lations fo% each license iss)ed. No othe% s)( shall be collected- in the nat)%e of a fee o% ta/ of an& kind- fo% the iss)ance of a (a%%ia'e license. Ma%%ia'e licenses shall be iss)ed f%ee of cha%'e to indi'ent pa%ties- when both (ale and fe(ale do not each own assessed %eal p%ope%t& in e/cess of fi!e h)nd%ed pesos- a fact ce%tified to- witho)t cost- b& the p%o!incial t%eas)%e%- o% in the absence the%eof- b& a state(ent d)l& swo%n to b& the cont%actin' pa%ties befo%e the local ci!il %e'ist%a%. The license shall be !alid in an& pa%t of the Philippines< b)t it shall be 'ood fo% no (o%e than one h)nd%ed and twent& da&s f%o( the date on which it is iss)ed and shall be dee(ed cancelled at the e/pi%ation of said pe%iod if the inte%ested pa%ties ha!e not (ade )se of it. "11a# acd

ARTICLE 22.7hen eithe% o% both of the cont%actin' pa%ties a%e citi,ens o% s)b3ects of a fo%ei'n co)nt%&- it shall be necessa%&- befo%e a (a%%ia'e license can be obtained- to p%o!ide the(sel!es with a ce%tificate of le'al capacit& to cont%act (a%%ia'e- to be iss)ed b& thei% %especti!e diplo(atic o% cons)la% officials. "1.a# ARTICLE 24.The (a%%ia'e ce%tificate in which the cont%actin' pa%ties shall state that the& take each othe% as h)sband and wife- shall also contain> "1#The f)ll na(es and do(iciles of the cont%actin' pa%ties< "$#The a'e of each< ".#A state(ent that the p%ope% (a%%ia'e license has been iss)ed acco%din' to law and that the cont%actin' pa%ties ha!e the consent of thei% pa%ents in case the (ale is )nde% twent& o% the fe(ale )nde% ei'hteen &ea%s of a'e< and "0#A state(ent that the ')a%dian o% pa%ent has been info%(ed of the (a%%ia'e- if the (ale is between the a'es of twent& and twent&6fi!e &ea%s- and the fe(ale between ei'hteen and twent&6th%ee &ea%s of a'e. "11a# cdtai ARTICLE 28.It shall be the d)t& of the pe%son sole(ni,in' the (a%%ia'e to f)%nish to eithe% of the cont%actin' pa%ties one of the th%ee copies of the (a%%ia'e cont%act %efe%%ed to in a%ticle 11- and to send anothe% cop& of the doc)(ent not late% than fifteen da&s afte% the (a%%ia'e took place to the local ci!il %e'ist%a% conce%ned- whose d)t& shall be to iss)e the p%ope% %eceipt to an& pe%son sendin' a (a%%ia'e cont%act sole(ni,ed b& hi(- incl)din' (a%%ia'es of an e/ceptional cha%acte%. The official- p%iest- o% (iniste% sole(ni,in' the (a%%ia'e shall %etain the thi%d cop& of the (a%%ia'e cont%act- the (a%%ia'e license and the affida!it of the inte%ested pa%t& %e'a%din' the sole(ni,ation of the (a%%ia'e in a place othe% than those (entioned in a%ticle 14 if the%e be an& s)ch affida!it- in the files that he ()st keep. "12a# ARTICLE 2:.It shall be the d)t& of the local ci!il %e'ist%a% to p%epa%e the doc)(ents %e5)i%ed b& this Title- and to ad(iniste% oaths to all inte%ested pa%ties witho)t an& cha%'e in both cases. The doc)(ents and affida!its filed in connection with applications fo% (a%%ia'e licenses shall be e/e(pt f%o( the doc)(enta%& sta(p ta/. "14a# ARTICLE 4;.The local ci!il %e'ist%a% conce%ned shall ente% all applications fo% (a%%ia'e licenses filed with hi( in a %e'iste% book st%ictl& in the o%de% in which the sa(e shall be %ecei!ed. He shall ente% in said %e'iste% the na(es of the applicants- the date on which the (a%%ia'e license was iss)ed- and s)ch othe% data as (a& be necessa%&. "18a#

ARTICLE 41.All (a%%ia'es pe%fo%(ed o)tside the Philippines in acco%dance with the laws in fo%ce in the co)nt%& whe%e the& we%e pe%fo%(ed- and !alid the%e as s)ch- shall also be !alid in this co)nt%&- e/cept bi'a(o)s- pol&'a(o)s- o% incest)o)s (a%%ia'es as dete%(ined b& Philippine law. "1:a# cdasia CHAPTER $ Ma%%ia'es of E/ceptional Cha%acte% ARTICLE 4$.In case eithe% of the cont%actin' pa%ties is on the point of death o% the fe(ale has he% habit)al %esidence at a place (o%e than fifteen kilo(ete%s distant f%o( the ()nicipal b)ildin' and the%e is no co(()nication b& %ail%oad o% b& p%o!incial o% local hi'hwa&s between the fo%(e% and the latte%- the (a%%ia'e (a& be sole(ni,ed witho)t necessit& of a (a%%ia'e license< b)t in s)ch cases the official- p%iest- o% (iniste% sole(ni,in' it shall state in an affida!it (ade befo%e the local ci!il %e'ist%a% o% an& pe%son a)tho%i,ed b& law to ad(iniste% oaths that the (a%%ia'e was pe%fo%(ed in a%tic)lo (o%tis o% at a place (o%e than fifteen kilo(ete%s distant f%o( the ()nicipal b)ildin' conce%ned- in which latte% case he shall 'i!e the na(e of the ba%%io whe%e the (a%%ia'e was sole(ni,ed. The pe%son who sole(ni,ed the (a%%ia'e shall also state- in eithe% case- that he took the necessa%& steps to asce%tain the a'es and %elationship of the cont%actin' pa%ties and that the%e was in his opinion no le'al i(pedi(ent to the (a%%ia'e at the ti(e that it was sole(ni,ed. "$;# ARTICLE 4..The o%i'inal of the affida!it %e5)i%ed in the last p%ecedin' a%ticleto'ethe% with a cop& of the (a%%ia'e cont%act- shall be sent b& the pe%son sole(ni,in' the (a%%ia'e to the local ci!il %e'ist%a% of the ()nicipalit& whe%e it was pe%fo%(ed within the pe%iod of thi%t& da&s- afte% the pe%fo%(ance of the (a%%ia'e. The local ci!il %e'ist%a% shall- howe!e%- befo%e filin' the pape%s- %e5)i%e the pa&(ent into the ()nicipal t%eas)%& of the le'al fees %e5)i%ed in a%ticle 21. "$1# ARTICLE 40.A (a%%ia'e in a%tic)lo (o%tis (a& also be sole(ni,ed b& the captain of a ship o% chief of an ai%plane d)%in' a !o&a'e- o% b& the co((andin' office% of a (ilita%& )nit- in the absence of a chaplain- d)%in' wa%. The d)ties (entioned in the two p%ecedin' a%ticles shall be co(plied with b& the ship captain- ai%plane chief o% co((andin' office%. "n# aisa dc ARTICLE 41.Ma%%ia'es between Bilipino citi,ens ab%oad (a& be sole(ni,ed b& cons)ls and !ice6cons)ls of the Rep)blic of the Philippines. The d)ties of the local ci!il %e'ist%a% and of a 3)d'e o% 3)stice of the peace o% (a&o% with %e'a%d to the celeb%ation of (a%%ia'e shall be pe%fo%(ed b& s)ch cons)ls and !ice6cons)ls. "n#

ARTICLE 42.No (a%%ia'e license shall be necessa%& when a (an and a wo(an who ha!e attained the a'e of (a3o%it& and who- bein' )n(a%%ied- ha!e li!ed to'ethe% as h)sband and wife fo% at least fi!e &ea%s- desi%e to (a%%& each othe%. The cont%actin' pa%ties shall state the fo%e'oin' facts in an affida!it befo%e an& pe%son a)tho%i,ed b& law to ad(iniste% oaths. The official- p%iest o% (iniste% who sole(ni,ed the (a%%ia'e shall also state in an affida!it that he took steps to asce%tain the a'es and othe% 5)alifications of the cont%actin' pa%ties and that he fo)nd no le'al i(pedi(ent to the (a%%ia'e. "n# ARTICLE 44. In case two pe%sons (a%%ied in acco%dance with law desi%e to %atif& thei% )nion in confo%(it& with the %e')lations- %ites- o% p%actices of an& ch)%chsect- o% %eli'ion- it shall no lon'e% be necessa%& to co(pl& with the %e5)i%e(ents of Chapte% 1 of this Title and an& %atification so (ade shall (e%el& be conside%ed as a p)%el& %eli'io)s ce%e(on&. "$.# aisa dc ARTICLE 48.Ma%%ia'es between Moha((edans o% pa'ans who li!e in the non6 Ch%istian p%o!inces (a& be pe%fo%(ed in acco%dance with thei% c)sto(s- %ites o% p%actices. No (a%%ia'e license o% fo%(al %e5)isites shall be necessa%&. No% shall the pe%sons sole(ni,in' these (a%%ia'es be obli'ed to co(pl& with a%ticle :$. Howe!e%- twent& &ea%s afte% the app%o!al of this Code- all (a%%ia'es pe%fo%(ed between Moha((edans o% pa'ans shall be sole(ni,ed in acco%dance with the p%o!isions of this Code. C)t the P%esident of the Philippines- )pon %eco((endation of the Aec%eta%& of the Inte%io%- (a& at an& ti(e befo%e the e/pi%ation of said pe%iod- b& p%ocla(ation- (ake an& of said p%o!isions applicable to the Moha((edan and non6Ch%istian inhabitants of an& of the non6Ch%istian p%o!inces. "$1a# ARTICLE 4:.Mi/ed (a%%ia'es between a Ch%istian (ale and a Moha((edan o% pa'an fe(ale shall be 'o!e%ned b& the 'ene%al p%o!isions of this Title and not b& those of the last p%ecedin' a%ticle- b)t (i/ed (a%%ia'es between a Moha((edan o% pa'an (ale and a Ch%istian fe(ale (a& be pe%fo%(ed )nde% the p%o!isions of the last p%ecedin' a%ticle if so desi%ed b& the cont%actin' pa%ties- s)b3ecthowe!e%- in the latte% case to the p%o!isions of the second pa%a'%aph of said a%ticle. "$2# CHAPTER . ?oid and ?oidable Ma%%ia'es ARTICLE 8;.The followin' (a%%ia'es shall be !oid f%o( the be'innin'> "1#Those cont%acted )nde% the a'es of si/teen and fo)%teen &ea%s b& the (ale and fe(ale %especti!el&- e!en with the consent of the pa%ents< "$#Those sole(ni,ed b& an& pe%son not le'all& a)tho%i,ed to pe%fo%( (a%%ia'es<

".#Those sole(ni,ed witho)t a (a%%ia'e license- sa!e (a%%ia'es of e/ceptional cha%acte%< "0#Ci'a(o)s o% pol&'a(o)s (a%%ia'es not fallin' )nde% a%ticle 8.- n)(be% $< "1#Incest)o)s (a%%ia'es (entioned in a%ticle 81< "2#Those whe%e one o% both cont%actin' pa%ties ha!e been fo)nd ')ilt& of the killin' of the spo)se of eithe% of the(< cd i "4#Those between stepb%othe%s and stepsiste%s and othe% (a%%ia'es specified in a%ticle 8$. "n# ARTICLE 81.Ma%%ia'es between the followin' a%e incest)o)s and !oid f%o( thei% pe%fo%(ance- whethe% the %elationship between the pa%ties be le'iti(ate o% ille'iti(ate> "1#Cetween ascendants and descendants of an& de'%ee< "$#Cetween b%othe%s and siste%s- whethe% of the f)ll o% half blood< ".#Cetween collate%al %elati!es b& blood within the fo)%th ci!il de'%ee. "$8a# ARTICLE 8$.The followin' (a%%ia'es shall also be !oid f%o( the be'innin'> "1#Cetween stepfathe%s and stepda)'hte%s- and step(othe%s and stepsons< "$#Cetween the adoptin' fathe% o% (othe% and the adopted- between the latte% and the s)%!i!in' spo)se of the fo%(e%- and between the fo%(e% and the s)%!i!in' spo)se of the latte%< cdtai ".#Cetween the le'iti(ate child%en of the adopte% and the adopted. "$8a# ARTICLE 8..An& (a%%ia'e s)bse5)entl& cont%acted b& an& pe%son d)%in' the lifeti(e of the fi%st spo)se of s)ch pe%son with an& pe%son othe% than s)ch fi%st spo)se shall be ille'al and !oid f%o( its pe%fo%(ance- )nless> "1#The fi%st (a%%ia'e was ann)lled o% dissol!ed< o% "$#The fi%st spo)se had been absent fo% se!en consec)ti!e &ea%s at the ti(e of the second (a%%ia'e witho)t the spo)se p%esent ha!in' news of the absentee bein' ali!e- o% if the absentee- tho)'h he has been absent fo% less than se!en &ea%s- is 'ene%all& conside%ed as dead and belie!ed to be so b& the spo)se p%esent at the ti(e of cont%actin' s)ch s)bse5)ent (a%%ia'e- o% if the absentee is p%es)(ed dead acco%din' to a%ticles .:; and .:1. The (a%%ia'e so cont%acted

shall be !alid in an& of the th%ee cases )ntil decla%ed n)ll and !oid b& a co(petent co)%t. "$:a# ARTICLE 80.No (a%%ia'e license shall be iss)ed to a widow till afte% th%ee h)nd%ed da&s followin' the death of he% h)sband- )nless in the (eanti(e she has 'i!en bi%th to a child. "n# ARTICLE 81.A (a%%ia'e (a& be ann)lled fo% an& of the followin' ca)sese/istin' at the ti(e of the (a%%ia'e> cdtai "1#That the pa%t& in whose behalf it is so)'ht to ha!e the (a%%ia'e ann)lled was between the a'es of si/teen and twent& &ea%s- if (ale- o% between the a'es of fo)%teen and ei'hteen &ea%s- if fe(ale- and the (a%%ia'e was sole(ni,ed witho)t the consent of the pa%ent- ')a%dian o% pe%son ha!in' a)tho%it& o!e% the pa%t&)nless afte% attainin' the a'es of twent& o% ei'hteen &ea%s- as the case (a& bes)ch pa%t& f%eel& cohabited with the othe% and both li!ed to'ethe% as h)sband and wife< "$#In a s)bse5)ent (a%%ia'e )nde% a%ticle 8.- n)(be% $- that the fo%(e% h)sband o% wife belie!ed to be dead was in fact li!in' and the (a%%ia'e with s)ch fo%(e% h)sband o% wife was then in fo%ce< ".#That eithe% pa%t& was of )nso)nd (ind- )nless s)ch pa%t&- afte% co(in' to %eason- f%eel& cohabited with the othe% as h)sband o% wife< "0#That the consent of eithe% pa%t& was obtained b& f%a)d- )nless s)ch pa%t& afte%wa%ds- with f)ll knowled'e of the facts constit)tin' the f%a)d- f%eel& cohabited with the othe% as he% h)sband o% his wife- as the case (a& be< "1#That the consent of eithe% pa%t& was obtained b& fo%ce o% inti(idation- )nless the !iolence o% th%eat ha!in' disappea%ed- s)ch pa%t& afte%wa%ds f%eel& cohabited with the othe% as he% h)sband o% his wife- as the case (a& be< "2#That eithe% pa%t& was- at the ti(e of (a%%ia'e- ph&sicall& incapable of ente%in' into the (a%%ied state- and s)ch incapacit& contin)es- and appea%s to be inc)%able. ".;a# ARTICLE 82.An& of the followin' ci%c)(stances shall constit)te f%a)d %efe%%ed to in n)(be% 0 of the p%ecedin' a%ticle> cda "1#Mis%ep%esentation as to the identit& of one of the cont%actin' pa%ties< "$#Non6disclos)%e of the p%e!io)s con!iction of the othe% pa%t& of a c%i(e in!ol!in' (o%al t)%pit)de- and the penalt& i(posed was i(p%ison(ent fo% two &ea%s o% (o%e<

".#Conceal(ent b& the wife of the fact that at the ti(e of the (a%%ia'e- she was p%e'nant b& a (an othe% than he% h)sband. No othe% (is%ep%esentation o% deceit as to cha%acte%- %ank- fo%t)ne o% chastit& shall constit)te s)ch f%a)d as will 'i!e '%o)nds fo% action fo% the ann)l(ent of (a%%ia'e. "n# ARTICLE 84.The action fo% ann)l(ent of (a%%ia'e ()st be co((enced b& the pa%ties and within the pe%iods as follows> "1#Bo% ca)ses (entioned in n)(be% 1 of a%ticle 81- b& the pa%t& whose pa%ent o% ')a%dian did not 'i!e his o% he% consent- within fo)% &ea%s afte% attainin' the a'e of twent& o% ei'hteen &ea%s- as the case (a& be< o% b& the pa%ent o% ')a%dian o% pe%son ha!in' le'al cha%'e- at an& ti(e befo%e s)ch pa%t& has a%%i!ed at the a'e of twent& o% ei'hteen &ea%s<

"$#Bo% ca)ses (entioned in n)(be% $ of a%ticle 81- b& the spo)se who has been absent- d)%in' his o% he% lifeti(e< o% b& eithe% spo)se of the s)bse5)ent (a%%ia'e d)%in' the lifeti(e of the othe%< ".#Bo% ca)ses (entioned in n)(be% . of a%ticle 81- b& the sane spo)se- who had no knowled'e of the othe%=s insanit&< o% b& an& %elati!e o% ')a%dian of the pa%t& of )nso)nd (ind- at an& ti(e befo%e the death of eithe% pa%t&< acd "0#Bo% ca)ses (entioned in n)(be% 0- b& the in3)%ed pa%t&- within fo)% &ea%s afte% the disco!e%& of the f%a)d< "1#Bo% ca)ses (entioned in n)(be% 1- b& the in3)%ed pa%t&- within fo)% &ea%s f%o( the ti(e the fo%ce o% inti(idation ceased< "2# Bo% ca)ses (entioned in n)(be% 2- b& the in3)%ed pa%t&- within ei'ht &ea%s afte% the (a%%ia'e. ".1a# ARTICLE 88.No 3)d'(ent ann)llin' a (a%%ia'e shall be p%o()l'ated )pon a stip)lation of facts o% b& confession of 3)d'(ent. In case of non6appea%ance of the defendant- the p%o!isions of a%ticle 1;1pa%a'%aph $- shall be obse%!ed. "n# ARTICLE 8:.Child%en concei!ed o% bo%n of (a%%ia'es which a%e !oid f%o( the be'innin' shall ha!e the sa(e stat)s- %i'hts and obli'ations as acknowled'ed nat)%al child%en- and a%e called nat)%al child%en b& le'al fiction. cd i

Child%en concei!ed of !oidable (a%%ia'es befo%e the dec%ee of ann)l(ent shall be conside%ed as le'iti(ate< and child%en concei!ed the%eafte% shall ha!e the sa(e stat)s- %i'hts and obli'ations as acknowled'ed nat)%al child%en- and a%e also called nat)%al child%en b& le'al fiction. "n# ARTICLE :;.7hen a (a%%ia'e is ann)lled- the co)%t shall awa%d the c)stod& of the child%en as it (a& dee( best- and (ake p%o!ision fo% thei% ed)cation and s)ppo%t. Atto%ne&=s fees and e/penses inc)%%ed in the liti'ation shall be cha%'ed to the con3)'al pa%tne%ship p%ope%t&- )nless the action fails. "..a# ARTICLE :1.Ea(a'es (a& be awa%ded in the followin' cases when the (a%%ia'e is 3)diciall& ann)lled o% decla%ed !oid f%o( the be'innin'> "1#If the%e has been f%a)d- fo%ce o% inti(idation in obtainin' the consent of one of the cont%actin' pa%ties< cda "$#If eithe% pa%t& was- at the ti(e of the (a%%ia'e- ph&sicall& incapable of ente%in' into the (a%%ied state- and the othe% pa%t& was )nawa%e the%eof< ".#If the pe%son sole(ni,in' the (a%%ia'e was not le'all& a)tho%i,ed to pe%fo%( (a%%ia'es- and that fact was known to one of the cont%actin' pa%ties- b)t he o% she concealed it f%o( the othe%< "0#If a bi'a(o)s o% pol&'a(o)s (a%%ia'e was celeb%ated- and the i(pedi(ent was concealed f%o( the plaintiff b& the pa%t& dis5)alified< "1#If in an incest)o)s (a%%ia'e- o% a (a%%ia'e between a stepb%othe% and a stepsiste% o% othe% (a%%ia'e p%ohibited b& a%ticle 8$- the %elationship was known to onl& one of the cont%actin' pa%ties b)t was not disclosed to the othe%< "2#If one pa%t& was insane and the othe% was awa%e the%eof at the ti(e of the (a%%ia'e. "n# acd CHAPTER 0 A)tho%it& to Aole(ni,e Ma%%ia'es ARTICLE :$.E!e%& p%iest- o% (iniste%- o% %abbi a)tho%i,ed b& his deno(inationch)%ch- sect- o% %eli'ion to sole(ni,e (a%%ia'e shall send to the p%ope% 'o!e%n(ent office a swo%n state(ent settin' fo%th his f)ll na(e and do(icile- and that he is a)tho%i,ed b& his deno(ination- ch)%ch- sect- o% %eli'ion to sole(ni,e (a%%ia'e- attachin' to said state(ent a ce%tified cop& of his appoint(ent. The di%ecto% of the p%ope% 'o!e%n(ent office- )pon %ecei!in' s)ch swo%n state(ent containin' the info%(ation %e5)i%ed- and bein' satisfied that the deno(inationch)%ch- sect- o% %eli'ion of the applicant ope%ates in the Philippines- shall %eco%d the na(e of s)ch p%iest o% (iniste% in a s)itable %e'iste% and iss)e to hi( an

a)tho%i,ation to sole(ni,e (a%%ia'e. Aaid p%iest o% (iniste% o% %abbi shall be obli'ed to e/hibit his a)tho%i,ation to the cont%actin' pa%ties- to thei% pa%ents'%andpa%ents- ')a%dians- o% pe%sons in cha%'e de(andin' the sa(e. No p%iest o% (iniste% not ha!in' the %e5)i%ed a)tho%i,ation (a& sole(ni,e (a%%ia'e. ".0a# cdasia ARTICLE :..B%eedo( of %eli'ion shall be obse%!ed b& p)blic officials in the iss)ance of a)tho%i,ation to sole(ni,e (a%%ia'es. Conse5)entl&- no p)blic official shall atte(pt to in5)i%e into the t%)th o% !alidit& of an& %eli'io)s doct%ine held b& the applicant o% b& his ch)%ch. "n# cda ARTICLE :0.The p)blic official in cha%'e of %e'ist%ation of p%iests and (iniste%s shall cancel the a)tho%i,ation iss)ed to a bishop- head- p%iest- %abbi- pasto% o% (iniste% of the 'ospel of an& deno(ination- ch)%ch- sect- o% %eli'ion- on his own initiati!e o% at the %e5)est of an& inte%ested pa%t&- )pon showin' that the ch)%chsect o% %eli'ion whose (iniste%s ha!e been a)tho%i,ed to sole(ni,e (a%%ia'e is no lon'e% in ope%ation. The cancellation of the a)tho%i,ation '%anted to a p%iestpasto% o% (iniste% shall likewise be o%de%ed )pon the %e5)est of the bishop- heado% lawf)l a)tho%ities of the deno(ination- ch)%ch- sect o% %eli'ion to which he belon's. ".1a# ARTICLE :1.The p)blic official in cha%'e of %e'ist%ation of p%iests and (iniste%swith the app%o!al of the p%ope% head of Eepa%t(ent- is he%eb& a)tho%i,ed to p%epa%e the necessa%& fo%(s and to p%o()l'ate %e')lations fo% the p)%pose of enfo%cin' the p%o!isions of this Title. Aaid official (a& also b& %e')lations fi/ and collect fees fo% the a)tho%i,ation of p%iests and (iniste%s to sole(ni,e (a%%ia'es. ".2a# cd ARTICLE :2.The e/istin' laws which p)nish acts o% o(issions conce%nin' the (a%%ia'e license- sole(ni,ation of (a%%ia'e- a)tho%it& to sole(ni,e (a%%ia'esand othe% acts o% o(issions %elati!e to the celeb%ation of (a%%ia'e shall %e(ain and contin)e to be in fo%ce. "n# TITLE I? Le'al Aepa%ation ARTICLE :4.A petition fo% le'al sepa%ation (a& be filed> "1#Bo% ad)lte%& on the pa%t of the wife and fo% conc)bina'e on the pa%t of the h)sband as defined in the Penal Code< o% "$#An atte(pt b& one spo)se a'ainst the life of the othe%. "n#

ARTICLE :8.In e!e%& case the co)%t ()st take steps- befo%e '%antin' the le'al sepa%ation- towa%d the %econciliation of the spo)ses- and ()st be f)ll& satisfied that s)ch %econciliation is hi'hl& i(p%obable. "n# cdtai ARTICLE ::.No pe%son shall be entitled to a le'al sepa%ation who has not %esided in the Philippines fo% one &ea% p%io% to the filin' of the petition- )nless the ca)se fo% the le'al sepa%ation has taken place within the te%%ito%& of this Rep)blic. "Aec. $a- Act No. $41;#. ARTICLE 1;;.The le'al sepa%ation (a& be clai(ed onl& b& the innocent spo)sep%o!ided the%e has been no condonation of o% consent to the ad)lte%& o% conc)bina'e. 7he%e both spo)ses a%e offende%s- a le'al sepa%ation cannot be clai(ed b& eithe% of the(. Coll)sion between the pa%ties to obtain le'al sepa%ation shall ca)se the dis(issal of the petition. ".a- Act No. $41;# cd ARTICLE 1;1.No dec%ee of le'al sepa%ation shall be p%o()l'ated )pon a stip)lation of facts o% b& confession of 3)d'(ent. In case of non6appea%ance of the defendant- the co)%t shall o%de% the p%osec)tin' atto%ne& to in5)i%e whethe% o% not a coll)sion between the pa%ties e/ists. If the%e is no coll)sion- the p%osec)tin' atto%ne& shall inte%!ene fo% the Atate in o%de% to take ca%e that the e!idence fo% the plaintiff is not fab%icated. "n# ARTICLE 1;$.An action fo% le'al sepa%ation cannot be filed e/cept within one &ea% f%o( and afte% the date on which the plaintiff beca(e co'ni,ant of the ca)se and within fi!e &ea%s f%o( and afte% the date when s)ch ca)se occ)%%ed. "0a- Act $41;# ARTICLE 1;..An action fo% le'al sepa%ation shall in no case be t%ied befo%e si/ (onths shall ha!e elapsed since the filin' of the petition. "1a- Act $41;# ARTICLE 1;0. Afte% the filin' of the petition fo% le'al sepa%ation- the spo)ses shall be entitled to li!e sepa%atel& f%o( each othe% and (ana'e thei% %especti!e p%ope%t&. cdt The h)sband shall contin)e to (ana'e the con3)'al pa%tne%ship p%ope%t& b)t if the co)%t dee(s it p%ope%- it (a& appoint anothe% to (ana'e said p%ope%t&- in which case the ad(inist%ato% shall ha!e the sa(e %i'hts and d)ties as a ')a%dian and shall not be allowed to dispose of the inco(e o% of the capital e/cept in acco%dance with the o%de%s of the co)%t. "2- Act $41;# ARTICLE 1;1.E)%in' the pendenc& of le'al sepa%ation p%oceedin's the co)%t shall (ake p%o!ision fo% the ca%e of the (ino% child%en in acco%dance with the ci%c)(stances- and (a& o%de% the con3)'al pa%tne%ship p%ope%t& o% the inco(e the%ef%o( to be set aside fo% thei% s)ppo%t< and in defa)lt the%eof said (ino% child%en shall be ca%ed fo% in confo%(it& with the p%o!isions of this Code< b)t the

Co)%t shall abstain f%o( (akin' an& o%de% in this %espect in case the pa%ents ha!e b& ()t)al a'%ee(ent- (ade p%o!ision fo% the ca%e of said (ino% child%en and these a%e- in the 3)d'(ent of the co)%t- well ca%ed fo%. "4a- Act $41;# ARTICLE 1;2.The dec%ee of le'al sepa%ation shall ha!e the followin' effects> "1#The spo)ses shall be entitled to li!e sepa%atel& f%o( each othe%- b)t the (a%%ia'e bonds shall not be se!e%ed< "$#The con3)'al pa%tne%ship of 'ains o% the absol)te con3)'al co(()nit& of p%ope%t& shall be dissol!ed and li5)idated- b)t the offendin' spo)se shall ha!e no %i'ht to an& sha%e of the p%ofits ea%ned b& the pa%tne%ship o% co(()nit&witho)t p%e3)dice to the p%o!isions of a%ticle 142< cd ".# The c)stod& of the (ino% child%en shall be awa%ded to the innocent spo)se)nless othe%wise di%ected b& the co)%t in the inte%est of said (ino%s- fo% who( said co)%t (a& appoint a ')a%dian< "0#The offendin' spo)se shall be dis5)alified f%o( inhe%itin' f%o( the innocent spo)se b& intestate s)ccession. Mo%eo!e%- p%o!isions in fa!o% of the offendin' spo)se (ade in the will of the innocent one shall be %e!oked b& ope%ation of law. "n# ARTICLE 1;4.The innocent spo)se- afte% a dec%ee of le'al sepa%ation has been '%anted- (a& %e!oke the donations b& %eason of (a%%ia'e (ade b& hi( o% b& he% to the offendin' spo)se. Alienations and (o%t'a'es (ade befo%e the notation of the co(plaint fo% %e!ocation in the Re'ist%& of P%ope%t& shall be !alid.

This action lapses afte% fo)% &ea%s followin' the date the dec%ee beca(e final. "n# cd ARTICLE 1;8.Reconciliation stops the p%oceedin's fo% le'al sepa%ation and %escinds the dec%ee of le'al sepa%ation al%ead& %ende%ed. The %e!i!al of the con3)'al pa%tne%ship of 'ains o% of the absol)te con3)'al co(()nit& of p%ope%t& shall be 'o!e%ned b& a%ticle 1:1. "1;a- Act $41;# TITLE ? Ri'hts and *bli'ations Cetween H)sband and 7ife ARTICLE 1;:.The h)sband and wife a%e obli'ed to li!e to'ethe%- obse%!e ()t)al %espect and fidelit&- and %ende% ()t)al help and s)ppo%t. "12a#

ARTICLE 11;.The h)sband shall fi/ the %esidence of the fa(il&. C)t the co)%t (a& e/e(pt the wife f%o( li!in' with the h)sband if he sho)ld li!e ab%oad )nless in the se%!ice of the Rep)blic. "18a# cda ARTICLE 111. The h)sband is %esponsible fo% the s)ppo%t of the wife and the %est of the fa(il&. These e/penses shall be (et fi%st f%o( the con3)'al p%ope%t&then f%o( the h)sband=s capital- and lastl& f%o( the wife=s pa%aphe%nal p%ope%t&. In case the%e is a sepa%ation of p%ope%t&- b& stip)lation in the (a%%ia'e settle(ents- the h)sband and wife shall cont%ib)te p%opo%tionatel& to the fa(il& e/penses. "n# ARTICLE 11$.The h)sband is the ad(inist%ato% of the con3)'al p%ope%t&- )nless the%e is a stip)lation in the (a%%ia'e settle(ents confe%%in' the ad(inist%ation )pon the wife. Ahe (a& also ad(iniste% the con3)'al pa%tne%ship in othe% cases specified in this Code. "n# ARTICLE 11..The h)sband ()st be 3oined in all s)its b& o% a'ainst the wifee/cept> "1#7hen the& a%e 3)diciall& sepa%ated< "$#If the& ha!e in fact been sepa%ated fo% at least one &ea%< ".#7hen the%e is a sepa%ation of p%ope%t& a'%eed )pon in the (a%%ia'e settle(ents< "0#If the ad(inist%ation of all the p%ope%t& in the (a%%ia'e has been t%ansfe%%ed to he%- in acco%dance with a%ticles 1:2 and 1:4< "1#7hen the liti'ation is between the h)sband and wife< "2#If the s)it conce%ns he% pa%aphe%nal p%ope%t&< cda "4#7hen the action is )pon the ci!il liabilit& a%isin' f%o( a c%i(inal offense< "8#If the liti'ation is incidental to the p%ofession- occ)pation o% b)siness in which she is en'a'ed< ":#In an& ci!il action %efe%%ed to in a%ticles $1 to .1< and "1;#In an action )pon a 5)asi6delict. In the cases (entioned in Nos. 4 to 1;- the h)sband ()st be 3oined as a pa%t& defendant if the thi%d pa%a'%aph of a%ticle 12. is applicable. "n#

ARTICLE 110. The wife cannot- witho)t the h)sband=s consent- ac5)i%e an& p%ope%t& b& '%at)ito)s title- e/cept f%o( he% ascendants- descendants- pa%ents6in6 law- and collate%al %elati!es within the fo)%th de'%ee. "n# ARTICLE 111.The wife (ana'es the affai%s of the ho)sehold. Ahe (a& p)%chase thin's necessa%& fo% the s)ppo%t of the fa(il&- and the con3)'al pa%tne%ship shall be bo)nd the%eb&. Ahe (a& bo%%ow (one& fo% this p)%pose- if the h)sband fails to deli!e% the p%ope% s)(. The p)%chase of 3ewel%& and p%ecio)s ob3ects is !oidable- )nless the t%ansaction has been e/p%essl& o% tacitl& app%o!ed b& the h)sband- o% )nless the p%ice paid is f%o( he% pa%aphe%nal p%ope%t&. "2$a# ARTICLE 112.7hen one of the spo)ses ne'lects his o% he% d)ties to the con3)'al )nion o% b%in's dan'e%- dishono% o% (ate%ial in3)%& )pon the othe%- the in3)%ed pa%t& (a& appl& to the co)%t fo% %elief. The co)%t (a& co)nsel the offende% to co(pl& with his o% he% d)ties- and take s)ch (eas)%es as (a& be p%ope%. "n# cdt ARTICLE 114. The wife (a& e/e%cise an& p%ofession o% occ)pation o% en'a'e in b)siness. Howe!e%- the h)sband (a& ob3ect- p%o!ided> "1#His inco(e is s)fficient fo% the fa(il&- acco%din' to its social standin'- and "$#His opposition is fo)nded on se%io)s and !alid '%o)nds. In case of disa'%ee(ent on this 5)estion- the pa%ents and '%andpa%ents as well as the fa(il& co)ncil- if an&- shall be cons)lted. If no a'%ee(ent is still a%%i!ed atthe co)%t will decide whate!e% (a& be p%ope% and in the best inte%est of the fa(il&. "n# TITLE ?I P%ope%t& Relations Cetween H)sband and 7ife CHAPTER 1 +ene%al P%o!isions ARTICLE 118. The p%ope%t& %elations between h)sband and wife shall be 'o!e%ned in the followin' o%de%> cdtai "1#C& cont%act e/ec)ted befo%e the (a%%ia'e< "$#C& the p%o!isions of this Code< and

".#C& c)sto(. "1.11a# ARTICLE 11:.The f)t)%e spo)ses (a& in the (a%%ia'e settle(ents a'%ee )pon absol)te o% %elati!e co(()nit& of p%ope%t&- o% )pon co(plete sepa%ation of p%ope%t&- o% )pon an& othe% %e'i(e. In the absence of (a%%ia'e settle(ents- o% when the sa(e a%e !oid- the s&ste( of %elati!e co(()nit& o% con3)'al pa%tne%ship of 'ains as established in this Code- shall 'o!e%n the p%ope%t& %elations between h)sband and wife. "n# cdt ARTICLE 1$;.A (ino% who acco%din' to law (a& cont%act (a%%ia'e- (a& also e/ec)te his o% he% (a%%ia'e settle(ents< b)t the& shall be !alid onl& if the pe%sons desi'nated b& law to 'i!e consent to the (a%%ia'e of the (ino% take pa%t in the ante6n)ptial a'%ee(ent. In the absence of the pa%ents o% of a ')a%dian- the consent to the (a%%ia'e settle(ents will be 'i!en b& the fa(il& co)ncil. "1.18a# ARTICLE 1$1. In o%de% that an& (odification in the (a%%ia'e settle(ents (a& be !alid- it ()st be (ade befo%e the celeb%ation of the (a%%ia'e- s)b3ect to the p%o!isions of A%t. 1:1. "1.1:a# ARTICLE 1$$.The (a%%ia'e settle(ents and an& (odification the%eof shall be 'o!e%ned b& the Atat)te of B%a)ds- and e/ec)ted befo%e the celeb%ation of the (a%%ia'e. The& shall not p%e3)dice thi%d pe%sons )nless the& a%e %eco%ded in the Re'ist%& of P%ope%t&. "1.$1a# ARTICLE 1$.. Bo% the !alidit& of (a%%ia'e settle(ents e/ec)ted b& an& pe%son )pon who( a sentence of ci!il inte%diction has been p%ono)nced- the p%esence and pa%ticipation of the ')a%dian shall be indispensable- who fo% this p)%pose shall be desi'nated b& a co(petent co)%t- in acco%dance with the p%o!isions of the R)les of Co)%t. "1.$.a# ARTICLE 1$0. If the (a%%ia'e is between a citi,en of the Philippines and a fo%ei'ne%- whethe% celeb%ated in the Philippines o% ab%oad- the followin' %)les shall p%e!ail> cdt "1#If the h)sband is a citi,en of the Philippines while the wife is a fo%ei'ne%- the p%o!isions of this Code shall 'o!e%n thei% p%ope%t& %elations< "$#If the h)sband is a fo%ei'ne% and the wife is a citi,en of the Philippines- the laws of the h)sband=s co)nt%& shall be followed- witho)t p%e3)dice to the p%o!isions of this Code with %e'a%d to i((o!able p%ope%t&. "1.$1a# ARTICLE 1$1.E!e%&thin' stip)lated in the settle(ents o% cont%acts %efe%%ed to in the p%ecedin' a%ticles in conside%ation of a f)t)%e (a%%ia'e shall be %ende%ed !oid and witho)t effect whate!e%- if the (a%%ia'e sho)ld not take place. Howe!e%those stip)lations that do not depend )pon the celeb%ation of the (a%%ia'e shall be !alid. "1.$2a#

CHAPTER $ Eonations b& Reason of Ma%%ia'e ARTICLE 1$2.Eonations b& %eason of (a%%ia'e a%e those which a%e (ade befo%e its celeb%ation- in conside%ation of the sa(e and in fa!o% of one o% both of the f)t)%e spo)ses. "1.$4# ARTICLE 1$4.These donations a%e 'o!e%ned b& the %)les on o%dina%& donations established in Title III of Cook III- e/cept as to thei% fo%( which shall be %e')lated b& the Atat)te of B%a)ds< and insofa% as the& a%e not (odified b& the followin' a%ticles. "1.$8a# ARTICLE 1$8.Mino%s (a& (ake and %ecei!e donations in thei% ante6n)ptial cont%act- p%o!ided the& a%e a)tho%i,ed b& the pe%sons who a%e to 'i!e thei% consent to the (a%%ia'e of said (ino%s. "1.$:a# cd ARTICLE 1$:.E/p%ess acceptance is not necessa%& fo% the !alidit& of these donations. "1..;# ARTICLE 1.;.The f)t)%e spo)ses (a& 'i!e each othe% in thei% (a%%ia'e settle(ents as ()ch as one6fifth of thei% p%esent p%ope%t&- and with %espect to thei% f)t)%e p%ope%t&- onl& in the e!ent of death- to the e/tent laid down b& the p%o!isions of this Code %efe%%in' to testa(enta%& s)ccession. "1..1a# ARTICLE 1.1.The dono% b& %eason of (a%%ia'e shall %elease the p%ope%t& donated f%o( (o%t'a'es and all othe% enc)(b%ances )pon the sa(e- with the e/ception of ease(ents- )nless in the (a%%ia'e settle(ents o% in the cont%acts the cont%a%& has been stip)lated. "1..$a# ARTICLE 1.$.A donation b& %eason of (a%%ia'e is not %e!ocable- sa!e in the followin' cases> cdtai "1#If it is conditional and the condition is not co(plied with< "$#If the (a%%ia'e is not celeb%ated< ".#7hen the (a%%ia'e takes place witho)t the consent of the pa%ents o% ')a%dianas %e5)i%ed b& law< "0#7hen the (a%%ia'e is ann)lled- and the donee acted in bad faith< "1#@pon le'al sepa%ation- the donee bein' the ')ilt& spo)se<

"2#7hen the donee has co((itted an act of in'%atit)de as specified b& the p%o!isions of this Code on donations in 'ene%al. "1...a# casia ARTICLE 1...E!e%& donation between the spo)ses d)%in' the (a%%ia'e shall be !oid. This p%ohibition does not appl& when the donation takes effect afte% the death of the dono%. Neithe% does this p%ohibition appl& to (ode%ate 'ifts which the spo)ses (a& 'i!e each othe% on the occasion of an& fa(il& %e3oicin'. "1..0a# ARTICLE 1.0.Eonations d)%in' the (a%%ia'e b& one of the spo)ses to the child%en who( the othe% spo)se had b& anothe% (a%%ia'e- o% to pe%sons of who( the othe% spo)se is a p%es)(pti!e hei% at the ti(e of the donation a%e !oidable- at the instance of the dono%=s hei%s afte% his death. "1..1a# CHAPTER . Pa%aphe%nal P%ope%t& ARTICLE 1.1.All p%ope%t& b%o)'ht b& the wife to the (a%%ia'e- as well as all p%ope%t& she ac5)i%es d)%in' the (a%%ia'e- in acco%dance with a%ticle 108- is pa%aphe%nal. "1.81a# ARTICLE 1.2.The wife %etains the owne%ship of the pa%aphe%nal p%ope%t&. "1.8$# ARTICLE 1.4.The wife shall ha!e the ad(inist%ation of the pa%aphe%nal p%ope%t&)nless she deli!e%s the sa(e to the h)sband b& (eans of a p)blic inst%)(ent e(powe%in' hi( to ad(iniste% it. cdasia In this case- the p)blic inst%)(ent shall be %eco%ded in the Re'ist%& of P%ope%t&. As fo% the (o!ables- the h)sband shall 'i!e ade5)ate sec)%it&. "1.80a# ARTICLE 1.8.The f%)its of the pa%aphe%nal p%ope%t& fo%( pa%t of the assets of the con3)'al pa%tne%ship- and shall be s)b3ect to the pa&(ent of the e/penses of the (a%%ia'e.

The p%ope%t& itself shall also be s)b3ect to the dail& e/penses of the fa(il&- if the p%ope%t& of the con3)'al pa%tne%ship and the h)sband=s capital a%e not s)fficient the%efo%. "1.81a# ARTICLE 1.:.The pe%sonal obli'ations of the h)sband can not be enfo%ced a'ainst the f%)its of the pa%aphe%nal p%ope%t&- )nless it be p%o!ed that the& %edo)nded to the benefit of the fa(il&. "1.82#

ARTICLE 10;.A (a%%ied wo(an of a'e (a& (o%t'a'e- enc)(be%- alienate o% othe%wise dispose of he% pa%aphe%nal p%ope%t&- witho)t the pe%(ission of the h)sband- and appea% alone in co)%t to liti'ate with %e'a%d to the sa(e. "n# cda ARTICLE 101.The alienation of an& pa%aphe%nal p%ope%t& ad(iniste%ed b& the h)sband 'i!es a %i'ht to the wife to %e5)i%e the constit)tion of a (o%t'a'e o% an& othe% sec)%it& fo% the a(o)nt of the p%ice which the h)sband (a& ha!e %ecei!ed. "1.:;a# CHAPTER 0 Con3)'al Pa%tne%ship of +ains AECTI*N 1 +ene%al P%o!isions ARTICLE 10$.C& (eans of the con3)'al pa%tne%ship of 'ains the h)sband and wife place in a co((on f)nd the f%)its of thei% sepa%ate p%ope%t& and the inco(e f%o( thei% wo%k o% ind)st%&- and di!ide e5)all&- )pon the dissol)tion of the (a%%ia'e o% of the pa%tne%ship- the net 'ains o% benefits obtained indisc%i(inatel& b& eithe% spo)se d)%in' the (a%%ia'e. "1.:$a# ARTICLE 10..All p%ope%t& of the con3)'al pa%tne%ship of 'ains is owned in co((on b& the h)sband and wife. "n# ARTICLE 100.7hen a (an and a wo(an li!e to'ethe% as h)sband and wife- b)t the& a%e not (a%%ied- o% thei% (a%%ia'e is !oid f%o( the be'innin'- the p%ope%t& ac5)i%ed b& eithe% o% both of the( th%o)'h thei% wo%k o% ind)st%& o% thei% wa'es and sala%ies shall be 'o!e%ned b& the %)les on co6owne%ship. "n# ARTICLE 101.The con3)'al pa%tne%ship shall co((ence p%ecisel& on the date of the celeb%ation of the (a%%ia'e. An& stip)lation to the cont%a%& shall be !oid. "1.:.# ARTICLE 102. 7ai!e% of the 'ains o% of the effects of this pa%tne%ship d)%in' (a%%ia'e cannot be (ade e/cept in case of 3)dicial sepa%ation. cdtai 7hen the wai!e% takes place b& %eason of sepa%ation- o% afte% the (a%%ia'e has been dissol!ed o% ann)lled- the sa(e shall appea% in a p)blic inst%)(ent- and the c%edito%s shall ha!e the %i'ht which a%ticle 1;1$ '%ants the(. "1.:0a# ARTICLE 104. The con3)'al pa%tne%ship shall be 'o!e%ned b& the %)les on the cont%act of pa%tne%ship in all that is not in conflict with what is e/p%essl& dete%(ined in this Chapte%. "1.:1#

AECTI*N $ E/cl)si!e P%ope%t& of Each Apo)se ARTICLE 108.The followin' shall be the e/cl)si!e p%ope%t& of each spo)se> "1#That which is b%o)'ht to the (a%%ia'e as his o% he% own< "$#That which each ac5)i%es- d)%in' the (a%%ia'e- b& l)c%ati!e title< ".#That which is ac5)i%ed b& %i'ht of %ede(ption o% b& e/chan'e with othe% p%ope%t& belon'in' to onl& one of the spo)ses< cdtai "0#That which is p)%chased with e/cl)si!e (one& of the wife o% of the h)sband. "1.:2# ARTICLE 10:.7hoe!e% 'i!es o% p%o(ises capital to the h)sband shall not be s)b3ect to wa%%ant& a'ainst e!iction- e/cept in case of f%a)d. "1.:4# ARTICLE 11;.P%ope%t& donated o% left b& will to the spo)ses- 3ointl& and with desi'nation of dete%(inate sha%es- shall pe%tain to the wife as pa%aphe%nal p%ope%t&- and to the h)sband as capital- in the p%opo%tion specified b& the dono% o% testato%- and in the absence of desi'nation- sha%e and sha%e alike- witho)t p%e3)dice to what is p%o!ided in a%ticle 41.. "1.:8a# ARTICLE 111.If the donations a%e one%o)s- the a(o)nt of the cha%'es shall be ded)cted f%o( the pa%aphe%nal p%ope%t& o% f%o( the h)sband=s capital- whene!e% the& ha!e been bo%ne b& the con3)'al pa%tne%ship. "1.::a# ARTICLE 11$.If so(e c%edit pa&able in a ce%tain n)(be% of &ea%s- o% a life pension- sho)ld pe%tain to one of the spo)ses- the p%o!isions of a%ticles 112 and 114 shall be obse%!ed to dete%(ine what constit)tes the pa%aphe%nal p%ope%t& and what fo%(s the capital of the h)sband. "10;;a# AECTI*N . Con3)'al Pa%tne%ship P%ope%t& ARTICLE 11.. The followin' a%e con3)'al pa%tne%ship p%ope%t&> aisa dc "1#That which is ac5)i%ed b& one%o)s title d)%in' the (a%%ia'e at the e/pense of the co((on f)nd- whethe% the ac5)isition be fo% the pa%tne%ship- o% fo% onl& one of the spo)ses< "$#That which is obtained b& the ind)st%&- o% wo%k- o% as sala%& of the spo)ses- o% of eithe% of the(<

".#The f%)its- %ents o% inte%ests %ecei!ed o% d)e d)%in' the (a%%ia'e- co(in' f%o( the co((on p%ope%t& o% f%o( the e/cl)si!e p%ope%t& of each spo)se. "10;1# ARTICLE 110.That sha%e of the hidden t%eas)%e which the law awa%ds to the finde% o% the p%op%ieto% belon's to the con3)'al pa%tne%ship. "n# ARTICLE 111.Thin's ac5)i%ed b& occ)pation- s)ch as fishin' and h)ntin'pe%tain to the con3)'al pa%tne%ship of 'ains. "n# cd i ARTICLE 112.7hene!e% an a(o)nt o% c%edit pa&able in a ce%tain n)(be% of &ea%s belon's to one of the spo)ses- the s)(s which (a& be collected b& install(ents d)e d)%in' the (a%%ia'e shall not pe%tain to the con3)'al pa%tne%shipb)t shall be conside%ed capital of the h)sband o% of the wife- as the c%edit (a& belon' to one o% the othe% spo)se. "10;$# ARTICLE 114.The %i'ht to an ann)it&- whethe% pe%pet)al o% fo% life- and the %i'ht of )s)f%)ct- belon'in' to one of the spo)ses shall fo%( a pa%t of his o% he% sepa%ate p%ope%t&- b)t the f%)its- pensions and inte%ests d)e d)%in' the (a%%ia'e shall belon' to the pa%tne%ship. The )s)f%)ct which the spo)ses ha!e o!e% the p%ope%t& of thei% child%en- tho)'h of anothe% (a%%ia'e- shall be incl)ded in this p%o!ision. "10;.a# ARTICLE 118.I(p%o!e(ents- whethe% fo% )tilit& o% ado%n(ent- (ade on the sepa%ate p%ope%t& of the spo)ses th%o)'h ad!ance(ents f%o( the pa%tne%ship o% th%o)'h the ind)st%& of eithe% the h)sband o% the wife- belon' to the con3)'al pa%tne%ship. C)ildin's const%)cted- at the e/pense of the pa%tne%ship- d)%in' the (a%%ia'e on land belon'in' to one of the spo)ses- also pe%tain to the pa%tne%ship- b)t the !al)e of the land shall be %ei(b)%sed to the spo)se who owns the sa(e. "10;0a# ARTICLE 11:.7hene!e% the pa%aphe%nal p%ope%t& o% the h)sband=s capital consists- in whole o% in pa%t- of li!estock e/istin' )pon the dissol)tion of the pa%tne%ship- the n)(be% of ani(als e/ceedin' that b%o)'ht to the (a%%ia'e shall be dee(ed to be of the con3)'al pa%tne%ship. "10;1a# ARTICLE 12;.All p%ope%t& of the (a%%ia'e is p%es)(ed to belon' to the con3)'al pa%tne%ship- )nless it be p%o!ed that it pe%tains e/cl)si!el& to the h)sband o% to the wife. "10;4# cdasia AECTI*N 0 Cha%'es @pon and *bli'ations of the Con3)'al Pa%tne%ship

ARTICLE 121.The con3)'al pa%tne%ship shall be liable fo%> "1#All debts and obli'ations cont%acted b& the h)sband fo% the benefit of the con3)'al pa%tne%ship- and those cont%acted b& the wife- also fo% the sa(e p)%pose- in the cases whe%e she (a& le'all& bind the pa%tne%ship< "$#A%%ea%s o% inco(e d)e- d)%in' the (a%%ia'e- f%o( obli'ations which constit)te a cha%'e )pon p%ope%t& of eithe% spo)se o% of the pa%tne%ship< ".#Mino% %epai%s o% fo% (e%e p%ese%!ation (ade d)%in' the (a%%ia'e )pon the sepa%ate p%ope%t& of eithe% the h)sband o% the wife< (a3o% %epai%s shall not be cha%'ed to the pa%tne%ship< "0#Ma3o% o% (ino% %epai%s )pon the con3)'al pa%tne%ship p%ope%t&< "1#The (aintenance of the fa(il& and the ed)cation of the child%en of both h)sband and wife- and of le'iti(ate child%en of one of the spo)ses< "2#E/penses to pe%(it the spo)ses to co(plete a p%ofessional- !ocational o% othe% co)%se. "10;8a# ARTICLE 12$.The !al)e of what is donated o% p%o(ised to the co((on child%en b& the h)sband- onl& fo% sec)%in' thei% f)t)%e o% the finishin' of a ca%ee%- o% b& both spo)ses th%o)'h a co((on a'%ee(ent- shall also be cha%'ed to the con3)'al pa%tne%ship- when the& ha!e not stip)lated that it is to be satisfied f%o( the p%ope%t& of one of the(- in whole o% in pa%t. "10;:# cd i ARTICLE 12..The pa&(ent of debts cont%acted b& the h)sband o% the wife befo%e the (a%%ia'e shall not be cha%'ed to the con3)'al pa%tne%ship. Neithe% shall the fines and pec)nia%& inde(nities i(posed )pon the( be cha%'ed to the pa%tne%ship. Howe!e%- the pa&(ent of debts cont%acted b& the h)sband o% the wife befo%e the (a%%ia'e- and that of fines and inde(nities i(posed )pon the(- (a& be enfo%ced a'ainst the pa%tne%ship assets afte% the %esponsibilities en)(e%ated in a%ticle 121 ha!e been co!e%ed- if the spo)se who is bo)nd sho)ld ha!e no e/cl)si!e p%ope%t& o% if it sho)ld be ins)fficient< b)t at the ti(e of the li5)idation of the pa%tne%ship s)ch spo)se shall be cha%'ed fo% what has been paid fo% the p)%poses abo!e6(entioned. "101;# ARTICLE 120.7hate!e% (a& be lost d)%in' the (a%%ia'e in an& kind of 'a(blin'bettin' o% 'a(e- whethe% pe%(itted o% p%ohibited b& law- shall be bo%ne b& the lose%- and shall not be cha%'ed to the con3)'al pa%tne%ship. "1011a# AECTI*N 1

Ad(inist%ation of the Con3)'al Pa%tne%ship ARTICLE 121.The h)sband is the ad(inist%ato% of the con3)'al pa%tne%ship. "101$a# ARTICLE 122.@nless the wife has been decla%ed a non co(pos (entis o% a spendth%ift- o% is )nde% ci!il inte%diction o% is confined in a lep%osa%i)(- the h)sband cannot alienate o% enc)(be% an& %eal p%ope%t& of the con3)'al pa%tne%ship witho)t the wife=s consent. If she %ef)ses )n%easonabl& to 'i!e he% consent- the co)%t (a& co(pel he% to '%ant the sa(e. casia This a%ticle shall not appl& to p%ope%t& ac5)i%ed b& the con3)'al pa%tne%ship befo%e the effecti!e date of this Code. "101.a# ARTICLE 124.In case of ab)se of powe%s of ad(inist%ation of the con3)'al pa%tne%ship p%ope%t& b& the h)sband- the co)%ts- on petition of the wife- (a& p%o!ide fo% %ecei!e%ship- o% ad(inist%ation b& the wife- o% sepa%ation of p%ope%t&. "n# ARTICLE 128. The wife (a&- b& e/p%ess a)tho%it& of the h)sband e(bodied in a p)blic inst%)(ent- ad(iniste% the con3)'al pa%tne%ship p%ope%t&. "n# ARTICLE 12:.The wife (a& also b& e/p%ess a)tho%it& of the h)sband appea%in' in a p)blic inst%)(ent- ad(iniste% the latte%=s estate. "n# ARTICLE 14;.The h)sband o% the wife (a& dispose b& will of his o% he% half of the con3)'al pa%tne%ship p%ofits. "1010a#

ARTICLE 141.The h)sband (a& dispose of the con3)'al pa%tne%ship p%ope%t& fo% the p)%poses specified in a%ticles 121 and 12$. "1011a# aisa dc ARTICLE 14$.The wife cannot bind the con3)'al pa%tne%ship witho)t the h)sband=s consent- e/cept in cases p%o!ided b& law. "1012a# ARTICLE 14..The wife (a&- d)%in' the (a%%ia'e- and within ten &ea%s f%o( the t%ansaction 5)estioned- ask the co)%ts fo% the ann)l(ent of an& cont%act of the h)sband ente%ed into witho)t he% consent- when s)ch consent is %e5)i%ed- o% an& act o% cont%act of the h)sband which tends to def%a)d he% o% i(pai% he% inte%est in the con3)'al pa%tne%ship p%ope%t&. Aho)ld the wife fail to e/e%cise this %i'ht- she o% he% hei%s- afte% the dissol)tion of the (a%%ia'e- (a& de(and the !al)e of p%ope%t& f%a)d)lentl& alienated b& the h)sband. "n#

ARTICLE 140.7ith the e/ception of (ode%ate donations fo% cha%it&- neithe% h)sband no% wife can donate an& p%ope%t& of the con3)'al pa%tne%ship witho)t the consent of the othe%. "n# AECTI*N 2 Eissol)tion of the Con3)'al Pa%tne%ship ARTICLE 141.The con3)'al pa%tne%ship of 'ains te%(inates> "1#@pon the death of eithe% spo)se< "$#7hen the%e is a dec%ee of le'al sepa%ation< ".#7hen the (a%%ia'e is ann)lled< casia "0#In case of 3)dicial sepa%ation of p%ope%t& )nde% a%ticle 1:1. "1014a# ARTICLE 142.In case of le'al sepa%ation- the ')ilt& spo)se shall fo%feit his o% he% sha%e of the con3)'al pa%tne%ship p%ofits- which shall be awa%ded to the child%en of both- and the child%en of the ')ilt& spo)se had b& a p%io% (a%%ia'e. Howe!e%- if the con3)'al pa%tne%ship p%ope%t& ca(e (ostl& o% enti%el& f%o( the wo%k o% ind)st%&- o% f%o( the wa'es and sala%ies- o% f%o( the f%)its of the sepa%ate p%ope%t& of the ')ilt& spo)se- this fo%feit)%e shall not appl&. In case the%e a%e no child%en- the innocent spo)se shall be entitled to all the net p%ofits. "n# ARTICLE 144.In case of ann)l(ent of the (a%%ia'e- the spo)se who acted in bad faith o% 'a!e ca)se fo% ann)l(ent shall fo%feit his o% he% sha%e of the con3)'al pa%tne%ship p%ofits. The p%o!isions of the p%ecedin' a%ticle shall 'o!e%n. "n# ARTICLE 148.The sepa%ation in fact between h)sband and wife witho)t 3)dicial app%o!al- shall not affect the con3)'al pa%tne%ship- e/cept that> cd i "1#The spo)se who lea!es the con3)'al ho(e o% %ef)ses to li!e the%ein- witho)t 3)st ca)se- shall not ha!e a %i'ht to be s)ppo%ted< "$#7hen the consent of one spo)se to an& t%ansaction of the othe% is %e5)i%ed b& law- 3)dicial a)tho%i,ation shall be necessa%&< ".#If the h)sband has abandoned the wife witho)t 3)st ca)se fo% at least one &ea%- she (a& petition the co)%t fo% a %ecei!e%ship- o% ad(inist%ation b& he% of the con3)'al pa%tne%ship p%ope%t&- o% sepa%ation of p%ope%t&. "n# AECTI*N 4

Li5)idation of the Con3)'al Pa%tne%ship ARTICLE 14:.@pon the dissol)tion of the con3)'al pa%tne%ship- an in!ento%& shall be fo%(ed- b)t s)ch in!ento%& shall not be necessa%&> cdasia "1#If- afte% the dissol)tion of the pa%tne%ship- one of the spo)ses sho)ld ha!e %eno)nced its effects and conse5)ences in d)e ti(e< o% "$#7hen sepa%ation of p%ope%t& has p%eceded the dissol)tion of the pa%tne%ship. "1018a# ARTICLE 18;.The bed and beddin' which the spo)ses o%dina%il& )se shall not be incl)ded in the in!ento%&. These effects- as well as the clothin' fo% thei% o%dina%& )se- shall be deli!e%ed to the s)%!i!in' spo)se. "10$;# ARTICLE 181.The in!ento%& ha!in' been co(pleted- the pa%aphe%nal p%ope%t& shall fi%st be paid. Then- the debts and cha%'es a'ainst the con3)'al pa%tne%ship shall be paid. "10$$a# cdasia ARTICLE 18$.The debts- cha%'es and obli'ations of the con3)'al pa%tne%ship ha!in' been paid- the capital of the h)sband shall be li5)idated and paid to the a(o)nt of the p%ope%t& in!ento%ied. "10$.a# ARTICLE 18..The ded)ctions f%o( the in!ento%ied p%ope%t& ha!in' been (ade as p%o!ided in the two p%ecedin' a%ticles- the %e(ainde% of said p%ope%t& shall constit)te the c%edit of the con3)'al pa%tne%ship. "10$0# ARTICLE 180.The loss o% dete%io%ation of the (o!ables belon'in' to eithe% spo)se- altho)'h th%o)'h fo%t)ito)s e!ent- shall be paid f%o( the con3)'al pa%tne%ship of 'ains- sho)ld the%e be an&. Those s)ffe%ed b& %eal p%ope%t& shall not be %ei(b)%sable in an& case- e/cept those on pa%aphe%nal p%ope%t& ad(iniste%ed b& the h)sband- when the losses we%e d)e to his fa)lt. He shall pa& fo% the sa(e. "10$1a# cd i ARTICLE 181.The net %e(ainde% of the con3)'al pa%tne%ship of 'ains shall be di!ided e5)all& between the h)sband and the wife o% thei% %especti!e hei%s)nless a diffe%ent basis of di!ision was a'%eed )pon in the (a%%ia'e settle(ents. "10$2a# ARTICLE 182.The (o)%nin' appa%el of the widow shall be paid fo% o)t of the estate of the deceased h)sband. "10$4a# ARTICLE 184.7ith %e'a%d to the fo%(ation of the in!ento%&- %)les fo% app%aisal and sale of p%ope%t& of the con3)'al pa%tne%ship- and othe% (atte%s which a%e not

e/p%essl& dete%(ined in the p%esent Chapte%- the R)les of Co)%t on the ad(inist%ation of estates of deceased pe%sons shall be obse%!ed. "10$8a# ARTICLE 188.B%o( the co((on (ass of p%ope%t& s)ppo%t shall be 'i!en to the s)%!i!in' spo)se and to the child%en d)%in' the li5)idation of the in!ento%ied p%ope%t& and )ntil what belon's to the( is deli!e%ed< b)t f%o( this shall be ded)cted that a(o)nt %ecei!ed fo% s)ppo%t which e/ceeds the f%)its o% %ents pe%tainin' to the(. "10.;# ARTICLE 18:.7hene!e% the li5)idation of the pa%tne%ship of two o% (o%e (a%%ia'es cont%acted b& the sa(e pe%son sho)ld be ca%%ied o)t at the sa(e ti(e- in o%de% to dete%(ine the capital of each pa%tne%ship all kinds of p%oof in the absence of in!ento%ies shall be ad(itted< and in case of do)bt- the pa%tne%ship p%ope%t& shall be di!ided between the diffe%ent pa%tne%ships in p%opo%tion to the d)%ation of each and to the p%ope%t& belon'in' to the %especti!e spo)ses. "10.1# CHAPTER 1 Aepa%ation of P%ope%t& of the Apo)ses and Ad(inist%ation of P%ope%t& b& the 7ife E)%in' the Ma%%ia'e ARTICLE 1:;.In the absence of an e/p%ess decla%ation in the (a%%ia'e settle(ents- the sepa%ation of p%ope%t& between spo)ses d)%in' the (a%%ia'e shall not take place sa!e in !i%t)e of a 3)dicial o%de%. "10.$a# cdtai ARTICLE 1:1.The h)sband o% the wife (a& ask fo% the sepa%ation of p%ope%t&and it shall be dec%eed when the spo)se of the petitione% has been sentenced to a penalt& which ca%%ies with it ci!il inte%diction- o% has been decla%ed absent- o% when le'al sepa%ation has been '%anted. In case of ab)se of powe%s of ad(inist%ation of the con3)'al pa%tne%ship p%ope%t& b& the h)sband- o% in case of abandon(ent b& the h)sband- sepa%ation of p%ope%t& (a& also be o%de%ed b& the co)%t- acco%din' to the p%o!isions of a%ticles 124 and 148- No. .. In all these cases- it is s)fficient to p%esent the final 3)d'(ent which has been ente%ed a'ainst the ')ilt& o% absent spo)se. "10..a# The h)sband and the wife (a& a'%ee )pon the dissol)tion of the con3)'al pa%tne%ship d)%in' the (a%%ia'e- s)b3ect to 3)dicial app%o!al. All the c%edito%s of the h)sband and of the wife- as well as of the con3)'al pa%tne%ship- shall be notified of an& petition fo% 3)dicial app%o!al of the !ol)nta%& dissol)tion of the con3)'al pa%tne%ship- so that an& s)ch c%edito%s (a& appea% at the hea%in' to safe')a%d his inte%ests. @pon app%o!al of the petition fo% dissol)tion of the con3)'al pa%tne%ship- the co)%t shall take s)ch (eas)%es as (a& p%otect the c%edito%s and othe% thi%d pe%sons.

Afte% dissol)tion of the con3)'al pa%tne%ship- the p%o!isions of a%ticles $10 and $11 shall appl&. The p%o!isions of this Code conce%nin' the effect of pa%tition stated in a%ticles 0:8 to 1;1 shall be applicable. "10..a# cdtai ARTICLE 1:$.*nce the sepa%ation of p%ope%t& has been o%de%ed- the con3)'al pa%tne%ship shall be dissol!ed- and its li5)idation shall be (ade in confo%(it& with what has been established b& this Code. Howe!e%- witho)t p%e3)dice to the p%o!isions of a%ticle $:$- the h)sband and the wife shall be %ecip%ocall& liable fo% thei% s)ppo%t d)%in' the sepa%ation- and fo% the s)ppo%t and ed)cation of thei% child%en< all in p%opo%tion to thei% %especti!e p%ope%t&. The sha%e of the spo)se who is )nde% ci!il inte%diction o% absent shall be ad(iniste%ed in acco%dance with the R)les of Co)%t. "10.0a# ARTICLE 1:..The co(plaint fo% sepa%ation and the final 3)d'(ent decla%in' the sa(e- shall be noted and %eco%ded in the p%ope% %e'iste%s of p%ope%t&- if the 3)d'(ent sho)ld %efe% to i((o!able p%ope%t&. "10.4# ARTICLE 1:0.The sepa%ation of p%ope%t& shall not p%e3)dice the %i'hts p%e!io)sl& ac5)i%ed b& c%edito%s. "10.8# ARTICLE 1:1.The sepa%ation of p%ope%t& ceases> "1#@pon %econciliation of the spo)ses- in case of le'al sepa%ation< "$#7hen the ci!il inte%diction te%(inates< ".#7hen the absent spo)se appea%s< "0#7hen the co)%t- at the instance of the wife- a)tho%i,es the h)sband to %es)(e the ad(inist%ation of the con3)'al pa%tne%ship- the co)%t bein' satisfied that the h)sband will not a'ain ab)se his powe%s as an ad(inist%ato%< cdasia "1#7hen the h)sband- who has abandoned the wife- %e3oins he%. In the abo!e cases- the p%ope%t& %elations between the spo)ses shall be 'o!e%ned b& the sa(e %)les as befo%e the sepa%ation- witho)t p%e3)dice to the acts and cont%acts le'all& e/ec)ted d)%in' the sepa%ation. The spo)ses shall state- in a p)blic doc)(ent- all the p%ope%t& which the& %et)%n to the (a%%ia'e and which shall constit)te the sepa%ate p%ope%t& of each. This p)blic doc)(ent shall be %eco%ded in the Re'ist%& of P%ope%t&.

In the cases %efe%%ed to in this a%ticle- all the p%ope%t& b%o)'ht in shall be dee(ed to be newl& cont%ib)ted- e!en tho)'h all o% so(e (a& be the sa(e which e/isted befo%e the li5)idation effected b& %eason of the sepa%ation. "10.:a# ARTICLE 1:2.7ith the con3)'al pa%tne%ship s)bsistin'- the ad(inist%ation of all classes of p%ope%t& in the (a%%ia'e (a& be t%ansfe%%ed b& the co)%ts to the wife> "1#7hen she beco(es the ')a%dian of he% h)sband< "$#7hen she asks fo% the decla%ation of his absence<

".#In case of ci!il inte%diction of the h)sband. The co)%ts (a& also confe% the ad(inist%ation to the wife- with s)ch li(itations as the& (a& dee( ad!isable- if the h)sband sho)ld beco(e a f)'iti!e f%o( 3)stice o% be in hidin' as a defendant in a c%i(inal case- o% if- bein' absol)tel& )nable to ad(iniste%- he sho)ld ha!e failed to p%o!ide fo% ad(inist%ation. "1001a# cda ARTICLE 1:4.The wife to who( the ad(inist%ation of all the p%ope%t& of the (a%%ia'e is t%ansfe%%ed shall ha!e- with %espect to said p%ope%t&- the sa(e powe%s and %esponsibilit& which the h)sband has when he is the ad(inist%ato%b)t alwa&s s)b3ect to the p%o!isions of the last pa%a'%aph of the p%ecedin' a%ticle. "100$a# CHAPTER 2 A&ste( of Absol)te Co(()nit& "n# ARTICLE 1:8.In case the f)t)%e spo)ses a'%ee in the (a%%ia'e settle(ents that the s&ste( of absol)te co(()nit& shall 'o!e%n thei% p%ope%t& %elations d)%in' (a%%ia'e- the followin' p%o!isions shall be of s)pple(enta%& application. ARTICLE 1::.In the absence of stip)lation to the cont%a%&- the co(()nit& shall consist of all p%esent and f)t)%e p%ope%t& of the spo)ses not e/cepted b& law. ARTICLE $;;.Neithe% spo)se (a& %eno)nce an& inhe%itance witho)t the consent of the othe%. In case of conflict- the co)%t shall decide the 5)estion- afte% cons)ltin' the fa(il& co)ncil- if the%e is an&. cd i ARTICLE $;1.The followin' shall be e/cl)ded f%o( the co(()nit&> "1#P%ope%t& ac5)i%ed b& '%at)ito)s title b& eithe% spo)se- when it is p%o!ided b& the dono% o% testato% that it shall not beco(e a pa%t of the co(()nit&<

"$#P%ope%t& inhe%ited b& eithe% h)sband o% wife th%o)'h the death of a child b& a fo%(e% (a%%ia'e- the%e bein' b%othe%s o% siste%s of the f)ll blood of the deceased child< ".#A po%tion of the p%ope%t& of eithe% spo)se e5)i!alent to the p%es)(pti!e le'iti(e of the child%en b& a fo%(e% (a%%ia'e< "0#Pe%sonal belon'in's of eithe% spo)se. Howe!e%- all the f%)its and inco(e of the fo%e'oin' classes of p%ope%t& shall be incl)ded in the co(()nit&. ARTICLE $;$.Anten)ptial debts of eithe% spo)se shall not be paid f%o( the co(()nit&- )nless the sa(e ha!e %edo)nded to the benefit of the fa(il&. ARTICLE $;..Eebts cont%acted b& both spo)ses o% b& one of the( with the consent of the othe% shall be paid f%o( the co(()nit&. If the co((on p%ope%t& is ins)fficient to co!e% co((on debts- the sa(e (a& be enfo%ced a'ainst the sepa%ate p%ope%t& of the spo)ses- who shall be e5)all& liable. cdtai ARTICLE $;0.Eebts cont%acted b& eithe% spo)se witho)t the consent of the othe% shall be cha%'eable a'ainst the co(()nit& to the e/tent that the fa(il& (a& ha!e been benefited the%eb&. ARTICLE $;1.Inde(nities that ()st be paid b& eithe% spo)se on acco)nt of a c%i(e o% of a 5)asi6delict shall be paid f%o( the co((on assets- witho)t an& obli'ation to (ake %ei(b)%se(ent. ARTICLE $;2.The owne%ship- ad(inist%ation- possession and en3o&(ent of the co((on p%ope%t& belon' to both spo)ses 3ointl&. In case of disa'%ee(ent- the co)%ts shall settle the diffic)lt&. ARTICLE $;4.Neithe% spo)se (a& alienate o% enc)(be% an& co((on p%ope%t& witho)t the consent of the othe%. In case of )n3)stifiable %ef)sal b& the othe% spo)se- the co)%ts (a& '%ant the necessa%& consent. cda ARTICLE $;8.The absol)te co(()nit& of p%ope%t& shall be dissol!ed on an& of the '%o)nds specified in a%ticle 141. ARTICLE $;:.7hen the%e is a sepa%ation in fact between h)sband and wifewitho)t 3)dicial app%o!al- the p%o!isions of a%ticle 148 shall appl&. ARTICLE $1;.@pon the dissol)tion and li5)idation of the co(()nit&- the net assets shall be di!ided e5)all& between the h)sband and the wife o% thei% hei%s.

In case of le'al sepa%ation o% ann)l(ent of (a%%ia'e- the p%o!isions of a%ticles 142 and 144 shall appl& to the net p%ofits ac5)i%ed d)%in' the (a%%ia'e. ARTICLE $11.Li5)idation of the absol)te co(()nit& shall be 'o!e%ned b& the R)les of Co)%t on the ad(inist%ation of the estate of deceased pe%sons. CHAPTER 4 A&ste( of Co(plete Aepa%ation of P%ope%t& "n# ARTICLE $1$.Aho)ld the f)t)%e spo)ses a'%ee in the (a%%ia'e settle(ents that thei% p%ope%t& %elations d)%in' (a%%ia'e shall be based )pon the s&ste( of co(plete sepa%ation of p%ope%t&- the followin' p%o!isions shall s)pple(ent the (a%%ia'e settle(ents. ARTICLE $1..Aepa%ation of p%ope%t& (a& %efe% to p%esent o% f)t)%e p%ope%t& o% both. It (a& be total o% pa%tial. In the latte% case- the p%ope%t& not a'%eed )pon as sepa%ate shall pe%tain to the con3)'al pa%tne%ship of 'ains. ARTICLE $10.Each spo)se shall own- dispose of- possess- ad(iniste% and en3o& his o% he% own sepa%ate estate- witho)t the consent of the othe%. All ea%nin's f%o( an& p%ofession- b)siness o% ind)st%& shall likewise belon' to each spo)se. ARTICLE $11.Each spo)se shall p%opo%tionatel& bea% the fa(il& e/penses. cd TITLE ?II The Ba(il& "n# CHAPTER 1 The Ba(il& as an Instit)tion ARTICLE $12.The fa(il& is a basic social instit)tion which p)blic polic& che%ishes and p%otects. acd ARTICLE $14.Ba(il& %elations shall incl)de those> "1#Cetween h)sband and wife< "$#Cetween pa%ent and child< ".#A(on' othe% ascendants and thei% descendants< "0#A(on' b%othe%s and siste%s. casia

ARTICLE $18.The law 'o!e%ns fa(il& %elations. No c)sto(- p%actice o% a'%ee(ent which is dest%)cti!e of the fa(il& shall be %eco'ni,ed o% 'i!en an& effect. ARTICLE $1:.M)t)al aid- both (o%al and (ate%ial- shall be %ende%ed a(on' (e(be%s of the sa(e fa(il&. 9)dicial and ad(inist%ati!e officials shall foste% this ()t)al assistance. ARTICLE $$;.In case of do)bt- all p%es)(ptions fa!o% the solida%it& of the fa(il&. Th)s- e!e%& intend(ent of law o% fact leans towa%d the !alidit& of (a%%ia'e- the indissol)bilit& of the (a%%ia'e bonds- the le'iti(ac& of child%en- the co(()nit& of p%ope%t& d)%in' (a%%ia'e- the a)tho%it& of pa%ents o!e% thei% child%en- and the !alidit& of defense fo% an& (e(be% of the fa(il& in case of )nlawf)l a''%ession. ARTICLE $$1.The followin' shall be !oid and of no effect> cdtai "1#An& cont%act fo% pe%sonal sepa%ation between h)sband and wife< "$#E!e%& e/t%a63)dicial a'%ee(ent- d)%in' (a%%ia'e- fo% the dissol)tion of the con3)'al pa%tne%ship of 'ains o% of the absol)te co(()nit& of p%ope%t& between h)sband and wife< ".#E!e%& coll)sion to obtain a dec%ee of le'al sepa%ation- o% of ann)l(ent of (a%%ia'e< "0#An& si()lated alienation of p%ope%t& with intent to dep%i!e the co(p)lso%& hei%s of thei% le'iti(e. ARTICLE $$$.No s)it shall be filed o% (aintained between (e(be%s of the sa(e fa(il& )nless it sho)ld appea% that ea%nest effo%ts towa%d a co(p%o(ise ha!e been (ade- b)t that the sa(e ha!e failed- s)b3ect to the li(itations in a%ticle $;.1. CHAPTER $ The Ba(il& Ho(e "n# AECTI*N 1 +ene%al P%o!isions ARTICLE $$..The fa(il& ho(e is the dwellin' ho)se whe%e a pe%son and his fa(il& %eside- and the land on which it is sit)ated. If constit)ted as he%ein p%o!ided- the fa(il& ho(e shall be e/e(pt f%o( e/ec)tion- fo%ced sale o% attach(ent- e/cept as p%o!ided in a%ticles $.$ and $0..

ARTICLE $$0.The fa(il& ho(e (a& be established 3)diciall& o% e/t%a3)diciall&. AECTI*N $ 9)dicial Constit)tion of the Ba(il& Ho(e ARTICLE $$1.The fa(il& ho(e (a& be constit)ted b& a !e%ified petition to the Co)%t of Bi%st Instance b& the owne% of the p%ope%t&- and b& app%o!al the%eof b& the co)%t. casia ARTICLE $$2.The followin' shall be beneficia%ies of the fa(il& ho(e> "1#The pe%son establishin' the sa(e< "$#His o% he% spo)se< ".#His o% he% pa%ents- ascendants- descendants- b%othe%s and siste%s- whethe% the %elationship be le'iti(ate o% othe%wise- who a%e li!in' in the fa(il& ho(e and who depend )pon hi( fo% s)ppo%t. ARTICLE $$4.The fa(il& ho(e (a& also be set )p b& an )n(a%%ied pe%son who is the head of a fa(il& o% ho)sehold. ARTICLE $$8.If the petitione% is (a%%ied- the fa(il& ho(e (a& be selected f%o( the con3)'al pa%tne%ship o% co(()nit& p%ope%t&- o% f%o( the sepa%ate p%ope%t& of the h)sband- o%- with the consent of the wife- f%o( he% pa%aphe%nal p%ope%t&. ARTICLE $$:.The petition shall contain the followin' pa%tic)la%s> "1#Eesc%iption of the p%ope%t&< "$#An esti(ate of its act)al !al)e< ".#A state(ent that the petitione% is act)all& %esidin' in the p%e(ises< "0#The enc)(b%ances the%eon< cdtai "1#The na(es and add%esses of all the c%edito%s of the petitione% and of all (o%t'a'ees and othe% pe%sons who ha!e an inte%est in the p%ope%t&< "2#The na(es of the othe% beneficia%ies specified in a%ticle $$2. ARTICLE $.;.C%edito%s- (o%t'a'ees and all othe% pe%sons who ha!e an inte%est in the estate shall be notified of the petition- and 'i!en an oppo%t)nit& to p%esent thei% ob3ections the%eto. The petition shall- (o%eo!e%- be p)blished once a week fo% th%ee consec)ti!e weeks in a newspape% of 'ene%al ci%c)lation.

ARTICLE $.1.If the co)%t finds that the act)al !al)e of the p%oposed fa(il& ho(e does not e/ceed twent& tho)sand pesos- o% thi%t& tho)sand pesos in cha%te%ed cities- and that no thi%d pe%son is p%e3)diced- the petition shall be app%o!ed. Aho)ld an& c%edito% whose clai( is )nsec)%ed- oppose the establish(ent of the fa(il& ho(e- the co)%t shall '%ant the petition if the debto% 'i!es s)fficient sec)%it& fo% the debt. ARTICLE $.$.The fa(il& ho(e- afte% its c%eation b& !i%t)e of 3)dicial app%o!alshall be e/e(pt f%o( e/ec)tion- fo%ced sale- o% attach(ent- e/cept> "1#Bo% nonpa&(ent of ta/es< o% "$#In satisfaction of a 3)d'(ent on a debt sec)%ed b& a (o%t'a'e constit)ted on the i((o!able befo%e o% afte% the establish(ent of the fa(il& ho(e. In case of insol!enc& of the pe%son constit)tin' the fa(il& ho(e- the p%ope%t& shall not be conside%ed one of the assets to be taken possession of b& the assi'nee fo% the benefit of c%edito%s. ARTICLE $...The o%de% of the co)%t app%o!in' the establish(ent of the fa(il& ho(e shall be %eco%ded in the Re'ist%& of P%ope%t&. cd ARTICLE $.0.7hen the%e is dan'e% that a pe%son obli'ed to 'i!e s)ppo%t (a& lose his o% he% fo%t)ne beca)se of '%a!e (is(ana'e(ent o% on acco)nt of %ioto)s li!in'- his o% he% spo)se- if an&- and a (a3o%it& of those entitled to be s)ppo%ted b& hi( o% b& he% (a& petition the Co)%t of Bi%st Instance fo% the c%eation of the fa(il& ho(e.

ARTICLE $.1.The fa(il& ho(e (a& be sold- alienated o% enc)(be%ed b& the pe%son who has constit)ted the sa(e- with the consent of his o% he% spo)se- and with the app%o!al of the co)%t. Howe!e%- the fa(il& ho(e shall )nde% no ci%c)(stances be donated as lon' as the%e a%e beneficia%ies. In case of sale- the p%ice o% s)ch po%tion the%eof as (a& be dete%(ined b& the co)%t shall be )sed in ac5)i%in' p%ope%t& which shall be fo%(ed into a new fa(il& ho(e. An& s)( of (one& obtained th%o)'h an enc)(b%ance on the fa(il& ho(e shall be )sed in the inte%est of the beneficia%ies. The co)%t shall take (eas)%es to i(ple(ent the last two p%o!isions. ARTICLE $.2.The fa(il& ho(e (a& be dissol!ed )pon the petition of the pe%son who has constit)ted the sa(e- with the w%itten consent of his o% he% spo)se and of at least one half of all the othe% beneficia%ies who a%e ei'hteen &ea%s of a'e o% o!e%. The co)%t (a& '%ant the petition if it is satisfacto%il& shown that the best inte%est of the fa(il& %e5)i%es the dissol)tion of the fa(il& ho(e.

ARTICLE $.4.In case of le'al sepa%ation o% ann)l(ent of (a%%ia'e- the fa(il& ho(e shall be dissol!ed- and the p%ope%t& shall cease to be e/e(pt f%o( e/ec)tion- fo%ced sale o% attach(ent. ARTICLE $.8.@pon the death of the pe%son who has set )p the fa(il& ho(e- the sa(e shall contin)e- )nless he desi%ed othe%wise in his will. The hei%s cannot ask fo% its pa%tition d)%in' the fi%st ten &ea%s followin' the death of the pe%son constit)tin' the sa(e- )nless the co)%t finds powe%f)l %easons the%efo%. cdt ARTICLE $.:.The fa(il& ho(e shall not be s)b3ect to pa&(ent of the debts of the deceased- )nless in his will the cont%a%& is stated. Howe!e%- the clai(s (entioned in a%ticle $.$ shall not be ad!e%sel& affected b& the death of the pe%son who has established the fa(il& ho(e. AECTI*N . E/t%a63)dicial C%eation of the Ba(il& Ho(e ARTICLE $0;.The fa(il& ho(e (a& be e/t%a3)diciall& constit)ted b& %eco%din' in the Re'ist%& of P%ope%t& a p)blic inst%)(ent whe%ein a pe%son decla%es that he the%eb& establishes a fa(il& ho(e o)t of a dwellin' place with the land on which it is sit)ated. ARTICLE $01.The decla%ation settin' )p the fa(il& ho(e shall be )nde% oath and shall contain> "1#A state(ent that the clai(ant is the owne% of- and is act)all& %esidin' in the p%e(ises< "$#A desc%iption of the p%ope%t&< ".#An esti(ate of its act)al !al)e< and "0#The na(es of the clai(ant=s spo)se and the othe% beneficia%ies (entioned in a%ticle $$2. ARTICLE $0$.The %eco%din' in the Re'ist%& of P%ope%t& of the decla%ation %efe%%ed to in the two p%ecedin' a%ticles is the ope%ati!e act which c%eates the fa(il& ho(e. ARTICLE $0..The fa(il& ho(e e/t%a3)diciall& fo%(ed shall be e/e(pt f%o( e/ec)tion- fo%ced sale o% attach(ent- e/cept> "1#Bo% nonpa&(ent of ta/es<

"$#Bo% debts inc)%%ed befo%e the decla%ation was %eco%ded in the Re'ist%& of P%ope%t&< ".#Bo% debts sec)%ed b& (o%t'a'es on the p%e(ises befo%e o% afte% s)ch %eco%d of the decla%ation< cda "0#Bo% debts d)e to labo%e%s- (echanics- a%chitects- b)ilde%s- (ate%ial6(en and othe%s who ha!e %ende%ed se%!ice o% f)%nished (ate%ial fo% the const%)ction of the b)ildin'. ARTICLE $00.The p%o!isions of a%ticles $$2 to $$8 and $.1 to $.8 a%e likewise applicable to fa(il& ho(es e/t%a3)diciall& established. ARTICLE $01.@pon the death of the pe%son who has e/t%a3)diciall& constit)ted the fa(il& ho(e- the p%ope%t& shall not be liable fo% his debts othe% than those (entioned in a%ticle $0.. Howe!e%- he (a& p%o!ide in his will that the fa(il& ho(e shall be s)b3ect to pa&(ent of debts not specified in a%ticle $0.. ARTICLE $02. No decla%ation fo% the e/t%a3)dicial establish(ent of the fa(il& ho(e shall be %eco%ded in the Re'ist%& of P%ope%t& if the esti(ated act)al !al)e of the b)ildin' and the land e/ceeds the a(o)nt stated in a%ticle $.1. cd i ARTICLE $04.7hen a c%edito% whose clai( is not (entioned in a%ticle $0. obtains a 3)d'(ent in his fa!o%- and he has %easonable '%o)nds to belie!e that the fa(il& ho(e of the 3)d'(ent debto% is wo%th (o%e than the a(o)nt (entioned in a%ticle $.1- he (a& appl& to the Co)%t of Bi%st Instance fo% an o%de% di%ectin' the sale of the p%ope%t& )nde% e/ec)tion. ARTICLE $08.The hea%in' on the petition- app%aisal of the !al)e of the fa(il& ho(e- the sale )nde% e/ec)tion and othe% (atte%s %elati!e to the p%oceedin's shall be 'o!e%ned b& s)ch p%o!isions in the R)les of Co)%t as the A)p%e(e Co)%t shall p%o()l'ate on the s)b3ect- p%o!ided the& a%e not inconsistent with this Code. ARTICLE $0:. At the sale )nde% e/ec)tion %efe%%ed to in the two p%ecedin' a%ticles- no bid shall be conside%ed )nless it e/ceeds the a(o)nt specified in a%ticle $.1. The p%oceeds of the sale shall be applied in the followin' o%de%> "1#To the a(o)nt (entioned in a%ticle $.1< "$# To the 3)d'(ent and the costs. The e/cess- if an&- belon's to the pe%son constit)tin' the fa(il& ho(e. ARTICLE $1;.The a(o)nt (entioned in a%ticle $.1 th)s %ecei!ed b& the pe%son who has established the fa(il& ho(e- o% as ()ch the%eof as the co)%t (a&

dete%(ine- shall be in!ested in the constit)tion of a new fa(il& ho(e. The co)%t shall take (eas)%es to enfo%ce this p%o!ision. ARTICLE $11.In case of insol!enc& of the pe%son c%eatin' the fa(il& ho(e- the clai(s specified in a%ticle $0. (a& be satisfied notwithstandin' the insol!enc& p%oceedin's. cdt If the assi'nee has %easonable '%o)nds to belie!e that the act)al !al)e of the fa(il& ho(e e/ceeds the a(o)nt fi/ed in a%ticle $.1- he (a& take action )nde% the p%o!isions of a%ticles $04- $08 and $0:. CHAPTER . The Ba(il& Co)ncil "n# ARTICLE $1$. The Co)%t of Bi%st Instance (a&- )pon application of an& (e(be% of the fa(il&- a %elati!e- o% a f%iend- appoint a fa(il& co)ncil- whose d)t& it shall be to ad!ise the co)%t- the spo)ses- the pa%ents- ')a%dians and the fa(il& on i(po%tant fa(il& 5)estions. ARTICLE $1..The fa(il& co)ncil shall be co(posed of fi!e (e(be%s- who shall be %elati!es of the pa%ties conce%ned. C)t the co)%t (a& appoint one o% two f%iends of the fa(il&. ARTICLE $10.The fa(il& co)ncil shall elect its chai%(an- and shall (eet at the call of the latte% o% )pon o%de% of the co)%t. TITLE ?III Pate%nit& and Biliation CHAPTER 1 Le'iti(ate Child%en ARTICLE $11.Child%en bo%n afte% one h)nd%ed and ei'ht& da&s followin' the celeb%ation of the (a%%ia'e- and befo%e th%ee h)nd%ed da&s followin' its dissol)tion o% the sepa%ation of the spo)ses shall be p%es)(ed to be le'iti(ate. A'ainst this p%es)(ption no e!idence shall be ad(itted othe% than that of the ph&sical i(possibilit& of the h)sband=s ha!in' access to his wife within the fi%st one h)nd%ed and twent& da&s of the th%ee h)nd%ed which p%eceded the bi%th of the child. casia This ph&sical i(possibilit& (a& be ca)sed>

"1#C& the i(potence of the h)sband< "$#C& the fact that the h)sband and wife we%e li!in' sepa%atel&- in s)ch a wa& that access was not possible< ".#C& the se%io)s illness of the h)sband. "1;8a# ARTICLE $12.The child shall be p%es)(ed le'iti(ate- altho)'h the (othe% (a& ha!e decla%ed a'ainst its le'iti(ac& o% (a& ha!e been sentenced as an ad)lte%ess. "1;:# ARTICLE $14.Aho)ld the wife co((it ad)lte%& at o% abo)t the ti(e of the conception of the child- b)t the%e was no ph&sical i(possibilit& of access between he% and he% h)sband as set fo%th in a%ticle $11- the child is p%i(a facie p%es)(ed to be ille'iti(ate if it appea%s hi'hl& i(p%obable- fo% ethnic %easonsthat the child is that of the h)sband. Bo% the p)%poses of this a%ticle- the wife=s ad)lte%& need not be p%o!ed in a c%i(inal case. "n# ARTICLE $18.A child bo%n within one h)nd%ed ei'ht& da&s followin' the celeb%ation of the (a%%ia'e is p%i(a facie p%es)(ed to be le'iti(ate. A)ch a child is concl)si!el& p%es)(ed to be le'iti(ate in an& of these cases> "1#If the h)sband- befo%e the (a%%ia'e- knew of the p%e'nanc& of the wife< "$#If he consented- bein' p%esent- to the p)ttin' of his s)%na(e on the %eco%d of bi%th of the child< cd ".#If he e/p%essl& o% tacitl& %eco'ni,ed the child as his own. "11;a# ARTICLE $1:.If the (a%%ia'e is dissol!ed b& the death of the h)sband- and the (othe% cont%acted anothe% (a%%ia'e within th%ee h)nd%ed da&s followin' s)ch death- these %)les shall 'o!e%n> "1#A child bo%n befo%e one h)nd%ed ei'ht& da&s afte% the sole(ni,ation of the s)bse5)ent (a%%ia'e is disp)tabl& p%es)(ed to ha!e been concei!ed d)%in' the fo%(e% (a%%ia'e- p%o!ided it be bo%n within th%ee h)nd%ed da&s afte% the death of the fo%(e% h)sband< "$#A child bo%n afte% one h)nd%ed ei'ht& da&s followin' the celeb%ation of the s)bse5)ent (a%%ia'e is p%i(a facie p%es)(ed to ha!e been concei!ed d)%in' s)ch (a%%ia'e- e!en tho)'h it be bo%n within the th%ee h)nd%ed da&s afte% the death of the fo%(e% h)sband. "n# cd i ARTICLE $2;.If afte% a 3)d'(ent ann)llin' a (a%%ia'e- the fo%(e% wife sho)ld belie!e he%self to be p%e'nant b& the fo%(e% h)sband- she shall- within thi%t& da&s f%o( the ti(e she beca(e awa%e of he% p%e'nanc&- notif& the fo%(e% h)sband o%

his hei%s of that fact. He o% his hei%s (a& ask the co)%t to take (eas)%es to p%e!ent a si()lation of bi%th. The sa(e obli'ation shall de!ol!e )pon a widow who belie!es he%self to ha!e been left p%e'nant b& the deceased h)sband- o% )pon the wife who belie!es he%self to be p%e'nant b& he% h)sband f%o( who( she has been le'all& sepa%ated. "n# ARTICLE $21.The%e is no p%es)(ption of le'iti(ac& o% ille'iti(ac& of a child bo%n afte% th%ee h)nd%ed da&s followin' the dissol)tion of the (a%%ia'e o% the sepa%ation of the spo)ses. 7hoe!e% alle'es the le'iti(ac& o% the ille'iti(ac& of s)ch child ()st p%o!e his alle'ation. "n# ARTICLE $2$.The hei%s of the h)sband (a& i(p)'n the le'iti(ac& of the child onl& in the followin' cases> "1#If the h)sband sho)ld die befo%e the e/pi%ation of the pe%iod fi/ed fo% b%in'in' his action< "$#If he sho)ld die afte% the filin' of the co(plaint- witho)t ha!in' desisted f%o( the sa(e< ".#If the child was bo%n afte% the death of the h)sband. "11$# ARTICLE $2..The action to i(p)'n the le'iti(ac& of the child shall be b%o)'ht within one &ea% f%o( the %eco%din' of the bi%th in the Ci!il Re'iste%- if the h)sband sho)ld be in the sa(e place- o% in a p%ope% case- an& of his hei%s. cdtai

If he o% his hei%s a%e absent- the pe%iod shall be ei'hteen (onths if the& sho)ld %eside in the Philippines< and two &ea%s if ab%oad. If the bi%th of the child has been concealed- the te%( shall be co)nted f%o( the disco!e%& of the f%a)d. "11.a# ARTICLE $20.Le'iti(ate child%en shall ha!e the %i'ht> "1#To bea% the s)%na(es of the fathe% and of the (othe%< "$#To %ecei!e s)ppo%t f%o( the(- f%o( thei% ascendants- and in a p%ope% casef%o( thei% b%othe%s and siste%s- in confo%(it& with a%ticle $:1< ".#To the le'iti(e and othe% s)ccessional %i'hts which this Code %eco'ni,es in thei% fa!o%. "110# CHAPTER $

P%oof of Biliation of Le'iti(ate Child%en ARTICLE $21.The filiation of le'iti(ate child%en is p%o!ed b& the %eco%d of bi%th appea%in' in the Ci!il Re'iste%- o% b& an a)thentic doc)(ent o% a final 3)d'(ent. "111# ARTICLE $22.In the absence of the titles indicated in the p%ecedin' a%ticle- the filiation shall be p%o!ed b& the contin)o)s possession of stat)s of a le'iti(ate child. "112# ARTICLE $24.In the absence of a %eco%d of bi%th- a)thentic doc)(ent- final 3)d'(ent o% possession of stat)s- le'iti(ate filiation (a& be p%o!ed b& an& othe% (eans allowed b& the R)les of Co)%t and special laws. "114a# cdt ARTICLE $28. The action to clai( his le'iti(ac& (a& be b%o)'ht b& the child d)%in' all his lifeti(e- and shall be t%ans(itted to his hei%s if he sho)ld die d)%in' his (ino%it& o% in a state of insanit&. In these cases the hei%s shall ha!e a pe%iod of fi!e &ea%s within which to instit)te the action. The action al%ead& co((enced b& the child is t%ans(itted )pon his death to the hei%s- if the p%oceedin' has not &et lapsed. "118# CHAPTER . Le'iti(ated Child%en ARTICLE $2:.*nl& nat)%al child%en can be le'iti(ated. Child%en bo%n o)tside wedlock of pa%ents who- at the ti(e of the conception of the fo%(e%- we%e not dis5)alified b& an& i(pedi(ent to (a%%& each othe%- a%e nat)%al. "11:a# ARTICLE $4;.Le'iti(ation shall take place b& the s)bse5)ent (a%%ia'e between the pa%ents. "1$;a# cd i ARTICLE $41.*nl& nat)%al child%en who ha!e been %eco'ni,ed b& the pa%ents befo%e o% afte% the celeb%ation of the (a%%ia'e- o% ha!e been decla%ed nat)%al child%en b& final 3)d'(ent- (a& be conside%ed le'iti(ated b& s)bse5)ent (a%%ia'e. If a nat)%al child is %eco'ni,ed o% 3)diciall& decla%ed as nat)%al- s)ch %eco'nition o% decla%ation shall e/tend to his o% he% b%othe%s o% siste%s of the f)ll blood> P%o!ided- That the consent of the latte% shall be i(plied if the& do not i(p)'n the %eco'nition within fo)% &ea%s f%o( the ti(e of s)ch %eco'nition- o% in case the& a%e (ino%s- within fo)% &ea%s followin' the attain(ent of (a3o%it&. "1$1a#

ARTICLE $4$.Child%en who a%e le'iti(ated b& s)bse5)ent (a%%ia'e shall en3o& the sa(e %i'hts as le'iti(ate child%en. "1$$# ARTICLE $4..Le'iti(ation shall take effect f%o( the ti(e of the child=s bi%th. "1$.a# ARTICLE $40.The le'iti(ation of child%en who died befo%e the celeb%ation of the (a%%ia'e shall benefit thei% descendants. "1$0# ARTICLE $41.Le'iti(ation (a& be i(p)'ned b& those who a%e p%e3)diced in thei% %i'hts- when it takes place in fa!o% of those who do not ha!e the le'al condition of nat)%al child%en o% when the %e5)isites laid down in this Chapte% a%e not co(plied with. "1$8a# casia CHAPTER 0 Ille'iti(ate Child%en AECTI*N 1 Reco'nition of Nat)%al Child%en ARTICLE $42.A nat)%al child (a& be %eco'ni,ed b& the fathe% and (othe% 3ointl&o% b& onl& one of the(. "1$:# ARTICLE $44.In case the %eco'nition is (ade b& onl& one of the pa%ents- it shall be p%es)(ed that the child is nat)%al- if the pa%ent %eco'ni,in' it had le'al capacit& to cont%act (a%%ia'e at the ti(e of the conception. "1.;# ARTICLE $48.Reco'nition shall be (ade in the %eco%d of bi%th- a will- a state(ent befo%e a co)%t of %eco%d- o% in an& a)thentic w%itin'. "1.1a# ARTICLE $4:.A (ino% who (a& not cont%act (a%%ia'e witho)t pa%ental consent cannot acknowled'e a nat)%al child- )nless the pa%ent o% ')a%dian app%o!es the acknowled'(ent- o% )nless the %eco'nition is (ade in a will. "n# ARTICLE $8;. 7hen the fathe% o% the (othe% (akes the %eco'nition sepa%atel&he o% she shall not %e!eal the na(e of the pe%son with who( he o% she had the child< neithe% shall he o% she state an& ci%c)(stance whe%eb& the othe% pa%ent (a& be identified. "1.$a# ARTICLE $81.A child who is of a'e cannot be %eco'ni,ed witho)t his consent. 7hen the %eco'nition of a (ino% does not take place in a %eco%d of bi%th o% in a will- 3)dicial app%o!al shall be necessa%&. cd i

A (ino% can in an& case i(p)'n the %eco'nition within fo)% &ea%s followin' the attain(ent of his (a3o%it&. "1..a# ARTICLE $8$. A %eco'ni,ed nat)%al child has the %i'ht> "1#To bea% the s)%na(e of the pa%ent %eco'ni,in' hi(< "$#To %ecei!e s)ppo%t f%o( s)ch pa%ent- in confo%(it& with a%ticle $:1< ".#To %ecei!e- in a p%ope% case- the he%edita%& po%tion which is dete%(ined in this Code. "1.0# ARTICLE $8..In an& of the followin' cases- the fathe% is obli'ed to %eco'ni,e the child as his nat)%al child> "1#In cases of %ape- abd)ction o% sed)ction- when the pe%iod of the offense coincides (o%e o% less with that of the conception< "$#7hen the child is in contin)o)s possession of stat)s of a child of the alle'ed fathe% b& the di%ect acts of the latte% o% of his fa(il&< ".#7hen the child was concei!ed d)%in' the ti(e when the (othe% cohabited with the s)pposed fathe%< "0# 7hen the child has in his fa!o% an& e!idence o% p%oof that the defendant is his fathe%. "n# ARTICLE $80.The (othe% is obli'ed to %eco'ni,e he% nat)%al child> "1#In an& of the cases %efe%%ed to in the p%ecedin' a%ticle- as between the child and the (othe%< cdtai "$#7hen the bi%th and the identit& of the child a%e clea%l& p%o!ed. "1.2a# ARTICLE $81.The action fo% the %eco'nition of nat)%al child%en (a& be b%o)'ht onl& d)%in' the lifeti(e of the p%es)(ed pa%ents- e/cept in the followin' cases> "1#If the fathe% o% (othe% died d)%in' the (ino%it& of the child- in which case the latte% (a& file the action befo%e the e/pi%ation of fo)% &ea%s f%o( the attain(ent of his (a3o%it&< "$#If afte% the death of the fathe% o% of the (othe% a doc)(ent sho)ld appea% of which nothin' had been hea%d and in which eithe% o% both pa%ents %eco'ni,e the child.

In this case- the action ()st be co((enced within fo)% &ea%s f%o( the findin' of the doc)(ent. "1.4a# ARTICLE $82. The %eco'nition (ade in fa!o% of a child who does not possess all the conditions stated in a%ticle $2:- o% in which the %e5)i%e(ents of the law ha!e not been f)lfilled- (a& be i(p)'ned b& those who a%e p%e3)diced b& s)ch %eco'nition. "1.4# AECTI*N $ *the% Ille'iti(ate Child%en ARTICLE $84.Ille'iti(ate child%en othe% than nat)%al in acco%dance with a%ticle $2: and othe% than nat)%al child%en b& le'al fiction a%e entitled to s)ppo%t and s)ch s)ccessional %i'hts as a%e '%anted in this Code. "n# ARTICLE $88.Mino% child%en (entioned in the p%ecedin' a%ticle a%e )nde% the pa%ental a)tho%it& of the (othe%. "n# cdtai ARTICLE $8:.In!esti'ation of the pate%nit& o% (ate%nit& of child%en (entioned in the two p%ecedin' a%ticles is pe%(itted )nde% the ci%c)(stances specified in a%ticles $8. and $80. "n# TITLE IF A)ppo%t ARTICLE $:;.A)ppo%t is e!e%&thin' that is indispensable fo% s)stenancedwellin'- clothin' and (edical attendance- acco%din' to the social position of the fa(il&. A)ppo%t also incl)des the ed)cation of the pe%son entitled to be s)ppo%ted )ntil he co(pletes his ed)cation o% t%ainin' fo% so(e p%ofession- t%ade o% !ocatione!en be&ond the a'e of (a3o%it&. "10$a# ARTICLE $:1.The followin' a%e obli'ed to s)ppo%t each othe% to the whole e/tent set fo%th in the p%ecedin' a%ticle> cdtai "1#The spo)ses< "$#Le'iti(ate ascendants and descendants< ".#Pa%ents and acknowled'ed nat)%al child%en and the le'iti(ate o% ille'iti(ate descendants of the latte%<

"0#Pa%ents and nat)%al child%en b& le'al fiction and the le'iti(ate and ille'iti(ate descendants of the latte%< "1#Pa%ents and ille'iti(ate child%en who a%e not nat)%al. C%othe%s and siste%s owe thei% le'iti(ate and nat)%al b%othe%s and siste%saltho)'h the& a%e onl& of the half6blood- the necessa%ies fo% life- when b& a ph&sical o% (ental defect- o% an& othe% ca)se not i(p)table to the %ecipients- the latte% cannot sec)%e thei% s)bsistence. This assistance incl)des- in a p%ope% casee/penses necessa%& fo% ele(enta%& ed)cation and fo% p%ofessional o% !ocational t%ainin'. "10.a# ARTICLE $:$.E)%in' the p%oceedin's fo% le'al sepa%ation- o% fo% ann)l(ent of (a%%ia'e- the spo)ses and child%en- shall be s)ppo%ted f%o( the con3)'al pa%tne%ship p%ope%t&. Afte% the final 3)d'(ent of le'al sepa%ation- o% of ann)l(ent of (a%%ia'e- the obli'ation of ()t)al s)ppo%t between the spo)ses ceases. Howe!e%- in case of le'al sepa%ation- the co)%t (a& o%de% that the ')ilt& spo)se shall 'i!e s)ppo%t to the innocent one- the 3)d'(ent specif&in' the te%(s of s)ch o%de%. "n# ARTICLE $:..In an action fo% le'al sepa%ation o% ann)l(ent of (a%%ia'eatto%ne&=s fees and e/penses fo% liti'ation shall be cha%'ed to the con3)'al pa%tne%ship p%ope%t&- )nless the action fails. "n# aisa dc ARTICLE $:0.The clai( fo% s)ppo%t- when p%ope% and two o% (o%e pe%sons a%e obli'ed to 'i!e it- shall be (ade in the followin' o%de%> "1#B%o( the spo)se< "$#B%o( the descendants of the nea%est de'%ee< ".# B%o( the ascendants- also of the nea%est de'%ee< "0#B%o( the b%othe%s and siste%s. A(on' descendants and ascendants- the o%de% in which the& a%e called to the intestate s)ccession of the pe%son who has a %i'ht to clai( s)ppo%t shall be obse%!ed. "100# ARTICLE $:1.7hen the obli'ation to 'i!e s)ppo%t falls )pon two o% (o%e pe%sons- the pa&(ent of the sa(e shall be di!ided between the( in p%opo%tion to the %eso)%ces of each. Howe!e%- in case of )%'ent need and b& special ci%c)(stances- the 3)d'e (a& o%de% onl& one of the( to f)%nish the s)ppo%t p%o!isionall&- witho)t p%e3)dice to his %i'ht to clai( f%o( the othe% obli'o%s the sha%e d)e f%o( the(.

7hen two o% (o%e %ecipients at the sa(e ti(e clai( s)ppo%t f%o( one and the sa(e pe%son le'all& obli'ed to 'i!e it- and the latte% sho)ld not ha!e s)fficient (eans to satisf& all- the o%de% established in the p%ecedin' a%ticle shall be followed- )nless the conc)%%ent obli'ees sho)ld be the spo)se and a child s)b3ect to pa%ental a)tho%it&- in which case the latte% shall be p%efe%%ed. "101#

ARTICLE $:2.The a(o)nt of s)ppo%t- in the cases %efe%%ed to in the fi!e n)(be%s of a%ticle $:1- shall be in p%opo%tion to the %eso)%ces o% (eans of the 'i!e% and to the necessities of the %ecipient. "102a# cdt ARTICLE $:4.A)ppo%t in the cases %efe%%ed to in the p%ecedin' a%ticle shall be %ed)ced o% inc%eased p%opo%tionatel&- acco%din' to the %ed)ction o% inc%ease of the needs of the %ecipient and the %eso)%ces of the pe%son obli'ed to f)%nish the sa(e. "104# ARTICLE $:8.The obli'ation to 'i!e s)ppo%t shall be de(andable f%o( the ti(e the pe%son who has a %i'ht to %ecei!e the sa(e needs it fo% (aintenance- b)t it shall not be paid e/cept f%o( the date it is e/t%a3)diciall& de(anded. Pa&(ent shall be (ade (onthl& in ad!ance- and when the %ecipient dies- his hei%s shall not be obli'ed to %et)%n what he has %ecei!ed in ad!ance. "108a# ARTICLE $::.The pe%son obli'ed to 'i!e s)ppo%t (a&- at his option- f)lfill his obli'ation eithe% b& pa&in' the allowance fi/ed- o% b& %ecei!in' and (aintainin' in his ho)se the pe%son who has a %i'ht to %ecei!e s)ppo%t. The latte% alte%nati!e cannot be a!ailed of in case the%e is a (o%al o% le'al obstacle the%eto. "10:a# ARTICLE .;;.The obli'ation to f)%nish s)ppo%t ceases )pon the death of the obli'o%- e!en if he (a& be bo)nd to 'i!e it in co(pliance with a final 3)d'(ent. "11;# ARTICLE .;1.The %i'ht to %ecei!e s)ppo%t cannot be %eno)nced< no% can it be t%ans(itted to a thi%d pe%son. Neithe% can it be co(pensated with what the %ecipient owes the obli'o%. Howe!e%- s)ppo%t in a%%ea%s (a& be co(pensated and %eno)nced- and the %i'ht to de(and the sa(e (a& be t%ans(itted b& one%o)s o% '%at)ito)s title. "111# ARTICLE .;$.Neithe% the %i'ht to %ecei!e le'al s)ppo%t no% an& (one& o% p%ope%t& obtained as s)ch s)ppo%t o% an& pension o% '%at)it& f%o( the 'o!e%n(ent is s)b3ect to attach(ent o% e/ec)tion. "n# cdtai ARTICLE .;..The obli'ation to 'i!e s)ppo%t shall also cease>

"1#@pon the death of the %ecipient< "$#7hen the %eso)%ces of the obli'o% ha!e been %ed)ced to the point whe%e he cannot 'i!e the s)ppo%t witho)t ne'lectin' his own needs and those of his fa(il&< ".#7hen the %ecipient (a& en'a'e in a t%ade- p%ofession- o% ind)st%&- o% has obtained wo%k- o% has i(p%o!ed his fo%t)ne in s)ch a wa& that he no lon'e% needs the allowance fo% his s)bsistence< "0#7hen the %ecipient- be he a fo%ced hei% o% not- has co((itted so(e act which 'i!es %ise to disinhe%itance< "1#7hen the %ecipient is a descendant- b%othe% o% siste% of the obli'o% and the need fo% s)ppo%t is ca)sed b& his o% he% bad cond)ct o% b& the lack of application to wo%k- so lon' as this ca)se s)bsists. "11$a# ARTICLE .;0.The fo%e'oin' p%o!isions shall be applicable to othe% cases whe%ein !i%t)e of this Code o% of an& othe% law- b& will- o% b& stip)lation the%e is a %i'ht to %ecei!e s)ppo%t- sa!e what is stip)lated- o%de%ed b& the testato% o% p%o!ided b& law fo% the special case. "11.a# TITLE F B)ne%als "n# ARTICLE .;1.The d)t& and the %i'ht to (ake a%%an'e(ents fo% the f)ne%al of a %elati!e shall be in acco%dance with the o%de% established fo% s)ppo%t- )nde% a%ticle $:0. In case of descendants of the sa(e de'%ee- o% of b%othe%s and siste%s- the oldest shall be p%efe%%ed. In case of ascendants- the pate%nal shall ha!e a bette% %i'ht. ARTICLE .;2.E!e%& f)ne%al shall be in keepin' with the social position of the deceased. cdtai ARTICLE .;4.The f)ne%al shall be in acco%dance with the e/p%essed wishes of the deceased. In the absence of s)ch e/p%ession- his %eli'io)s beliefs o% affiliation shall dete%(ine the f)ne%al %ites. In case of do)bt- the fo%( of the f)ne%al shall be decided )pon b& the pe%son obli'ed to (ake a%%an'e(ents fo% the sa(e- afte% cons)ltin' the othe% (e(be%s of the fa(il&. ARTICLE .;8.No h)(an %e(ains shall be %etained- inte%%ed- disposed of o% e/h)(ed witho)t the consent of the pe%sons (entioned in a%ticles $:0 and .;1.

ARTICLE .;:. An& pe%son who shows dis%espect to the dead- o% w%on'f)ll& inte%fe%es with a f)ne%al shall be liable to the fa(il& of the deceased fo% da(a'es(ate%ial and (o%al. ARTICLE .1;.The const%)ction of a to(bstone o% (a)sole)( shall be dee(ed a pa%t of the f)ne%al e/penses- and shall be cha%'eable to the con3)'al pa%tne%ship p%ope%t&- if the deceased is one of the spo)ses. TITLE FI Pa%ental A)tho%it& CHAPTER 1 +ene%al P%o!isions ARTICLE .11.The fathe% and (othe% 3ointl& e/e%cise pa%ental a)tho%it& o!e% thei% le'iti(ate child%en who a%e not e(ancipated. In case of disa'%ee(ent- the fathe%=s decision shall p%e!ail- )nless the%e is a 3)dicial o%de% to the cont%a%&. aisa dc Child%en a%e obli'ed to obe& thei% pa%ents so lon' as the& a%e )nde% pa%ental powe%- and to obse%!e %espect and %e!e%ence towa%d the( alwa&s. Reco'ni,ed nat)%al and adopted child%en who a%e )nde% the a'e of (a3o%it& a%e )nde% the pa%ental a)tho%it& of the fathe% o% (othe% %eco'ni,in' o% adoptin' the(and a%e )nde% the sa(e obli'ation stated in the p%ecedin' pa%a'%aph. Nat)%al child%en b& le'al fiction a%e )nde% the 3oint a)tho%it& of the fathe% and (othe%- as p%o!ided in the fi%st pa%a'%aph of this a%ticle. "110a# ARTICLE .1$.+%andpa%ents shall be cons)lted b& all (e(be%s of the fa(il& on all i(po%tant fa(il& 5)estions. "n# ARTICLE .1..Pa%ental a)tho%it& cannot be %eno)nced o% t%ansfe%%ed- e/cept in cases of ')a%dianship o% adoption app%o!ed b& the co)%ts- o% e(ancipation b& concession. The co)%ts (a&- in cases specified b& law- dep%i!e pa%ents of thei% a)tho%it&. "n# ARTICLE .10.A fo)ndlin' shall be )nde% the pa%ental a)tho%it& of the pe%son o% instit)tion that has %ea%ed the sa(e. "n# ARTICLE .11.No descendant can be co(pelled- in a c%i(inal case- to testif& a'ainst his pa%ents and ascendants. "n# cdt

CHAPTER $ Effect of Pa%ental A)tho%it& @pon the Pe%sons of the Child%en ARTICLE .12.The fathe% and the (othe% ha!e- with %espect to thei% )ne(ancipated child%en> "1#The d)t& to s)ppo%t the(- to ha!e the( in thei% co(pan&- ed)cate and inst%)ct the( in keepin' with thei% (eans- and to %ep%esent the( in all actions which (a& %edo)nd to thei% benefit< "$#The powe% to co%%ect the( and to p)nish the( (ode%atel&. "111# ARTICLE .14.The co)%ts (a& appoint a ')a%dian of the child=s p%ope%t&- o% a ')a%dian ad lite( when the best inte%est of the child so %e5)i%es. "n# ARTICLE .18.@pon ca)se bein' shown b& the pa%ents- the local (a&o% (a& aid the( in the e/e%cise of thei% a)tho%it& o!e% the child. If the child is to be kept in a child%en=s ho(e o% si(ila% instit)tion fo% not (o%e than one (onth- an o%de% of the 3)stice of the peace o% ()nicipal 3)d'e shall be necessa%&- afte% d)e hea%in'whe%e the child shall be hea%d. Bo% this p)%pose- the co)%t (a& appoint a ')a%dian ad lite(. "112a# ARTICLE .1:.The fathe% and the (othe% shall satisf& the s)ppo%t fo% the detained child< b)t the& shall not ha!e an& inte%!ention in the %e'i(e of the instit)tion whe%e the child is detained. The& (a& lift the detention when the& dee( it oppo%t)ne- with the app%o!al of the co)%t. "118a# CHAPTER . Effect of Pa%ental A)tho%it& on the P%ope%t& of the Child%en ARTICLE .$;.The fathe%- o% in his absence the (othe%- is the le'al ad(inist%ato% of the p%ope%t& pe%tainin' to the child )nde% pa%ental a)tho%it&. If the p%ope%t& is wo%th (o%e than two tho)sand pesos- the fathe% o% (othe% shall 'i!e a bond s)b3ect to the app%o!al of the Co)%t of Bi%st Instance. "11:a# cda ARTICLE .$1.The p%ope%t& which the )ne(ancipated child has ac5)i%ed o% (a& ac5)i%e with his wo%k o% ind)st%&- o% b& an& l)c%ati!e title- belon's to the child in owne%ship- and in )s)f%)ct to the fathe% o% (othe% )nde% who( he is )nde% pa%ental a)tho%it& and in whose co(pan& he li!es< b)t if the child- with the pa%ent=s consent- sho)ld li!e independentl& f%o( the(- he shall be conside%ed as e(ancipated fo% all p)%poses %elati!e to said p%ope%t&- and he shall ha!e o!e% it do(inion- )s)f%)ct and ad(inist%ation. "12;#

ARTICLE .$$.A child who ea%ns (one& o% ac5)i%es p%ope%t& with his own wo%k o% ind)st%& shall be entitled to a %easonable allowance f%o( his ea%nin's- in addition to the e/penses (ade b& the pa%ents fo% his s)ppo%t and ed)cation. "n# ARTICLE .$..The f%)its and inte%est of the child=s p%ope%t& %efe%%ed to in a%ticle .$1 shall be applied fi%st to the e/penses fo% the s)ppo%t and ed)cation of the child. Afte% the& ha!e been f)ll& (et- the debts of the con3)'al pa%tne%ship which ha!e %edo)nded to the benefit of the fa(il& (a& be paid f%o( said f%)its and inte%est. "n# ARTICLE .$0.7hate!e% the child (a& ac5)i%e with the capital o% p%ope%t& of the pa%ents belon's to the latte% in owne%ship and in )s)f%)ct. C)t if the pa%ents sho)ld e/p%essl& '%ant hi( all o% pa%t of the p%ofits that he (a& obtain- s)ch p%ofits shall not be cha%'ed a'ainst his le'iti(e. "121# cd ARTICLE .$1.The p%ope%t& o% inco(e donated- be5)eathed o% de!ised to the )ne(ancipated child fo% the e/penses of his ed)cation and inst%)ction shall pe%tain to hi( in owne%ship and )s)f%)ct< b)t the fathe% o% (othe% shall ad(iniste% the sa(e- if in the donation o% testa(enta%& p%o!ision the cont%a%& has not been stated. "12$# ARTICLE .$2. 7hen the p%ope%t& of the child is wo%th (o%e than two tho)sand pesos- the fathe% o% (othe% shall be conside%ed a ')a%dian of the child=s p%ope%t&s)b3ect to the d)ties and obli'ations of ')a%dians )nde% the R)les of Co)%t. "n# CHAPTER 0 E/tin')ish(ent of Pa%ental A)tho%it& ARTICLE .$4. Pa%ental a)tho%it& te%(inates> "1#@pon the death of the pa%ents o% of the child< "$#@pon e(ancipation< ".#@pon adoption of the child< "0#@pon the appoint(ent of a 'ene%al ')a%dian. "124a# ARTICLE .$8. The (othe% who cont%acts a s)bse5)ent (a%%ia'e loses the pa%ental a)tho%it& o!e% he% child%en- )nless the deceased h)sband- fathe% of the latte%- has e/p%essl& p%o!ided in his will that his widow (i'ht (a%%& a'ain- and has o%de%ed that in s)ch case she sho)ld keep and e/e%cise pa%ental a)tho%it& o!e% thei% child%en.

The co)%t (a& also appoint a ')a%dian of the child=s p%ope%t& in case the fathe% sho)ld cont%act a s)bse5)ent (a%%ia'e. "128a# cda

ARTICLE .$:. 7hen the (othe% of an ille'iti(ate child (a%%ies a (an othe% than its fathe%- the co)%t (a& appoint a ')a%dian fo% the child. "n# ARTICLE ..;.The fathe% and in a p%ope% case the (othe%- shall lose a)tho%it& o!e% thei% child%en> "1#7hen b& final 3)d'(ent in a c%i(inal case the penalt& of dep%i!ation of said a)tho%it& is i(posed )pon hi( o% he%< "$#7hen b& a final 3)d'(ent in le'al sepa%ation p%oceedin's s)ch loss of a)tho%it& is decla%ed. "12:a# ARTICLE ..1.Pa%ental a)tho%it& is s)spended b& the incapacit& o% absence of the fathe%- o% in a p%ope% case of the (othe%- 3)diciall& decla%ed- and also b& ci!il inte%diction. "14;# ARTICLE ..$.The co)%ts (a& dep%i!e the pa%ents of thei% a)tho%it& o% s)spend the e/e%cise of the sa(e if the& sho)ld t%eat thei% child%en with e/cessi!e ha%shness o% sho)ld 'i!e the( co%%)ptin' o%de%s- co)nsels- o% e/a(ples- o% sho)ld (ake the( be' o% abandon the(. In these cases- the co)%ts (a& also dep%i!e the pa%ents- in whole o% in pa%t- of the )s)f%)ct o!e% the child=s p%ope%t&o% adopt s)ch (eas)%es as the& (a& dee( ad!isable in the inte%est of the child. "141a# ARTICLE ....If the widowed (othe% who has cont%acted a s)bse5)ent (a%%ia'e sho)ld a'ain beco(e a widow- she shall %eco!e% f%o( this (o(ent he% pa%ental a)tho%it& o!e% all he% )ne(ancipated child%en. "14$# CHAPTER 1 Adoption ARTICLE ..0.E!e%& pe%son of a'e- who is in f)ll possession of his ci!il %i'hts(a& adopt. "14.a# cdt ARTICLE ..1.The followin' cannot adopt> "1#Those who ha!e le'iti(ate- le'iti(ated- acknowled'ed nat)%al child%en- o% nat)%al child%en b& le'al fiction<

"$#The ')a%dian- with %espect to the wa%d- befo%e the final app%o!al of his acco)nts< ".#A (a%%ied pe%son- witho)t the consent of the othe% spo)se< "0#Non6%esident aliens< "1#Resident aliens with whose 'o!e%n(ent the Rep)blic of the Philippines has b%oken diplo(atic %elations< "2# An& pe%son who has been con!icted of a c%i(e in!ol!in' (o%al t)%pit)dewhen the penalt& i(posed was si/ (onths= i(p%ison(ent o% (o%e. "140a# ARTICLE ..2.The h)sband and wife (a& 3ointl& adopt. Pa%ental a)tho%it& shallin s)ch case- be e/e%cised as if the child we%e thei% own b& nat)%e. "n# ARTICLE ..4.An& pe%son- e!en if of a'e- (a& be adopted- p%o!ided the adopte% is si/teen &ea%s olde%. "14.a# ARTICLE ..8.The followin' (a& be adopted> cd "1#The nat)%al child- b& the nat)%al fathe% o% (othe%< "$#*the% ille'iti(ate child%en- b& the fathe% o% (othe%< ".#A step6child- b& the step6fathe% o% step6(othe%. "n# ARTICLE ..:.The followin' cannot be adopted> "1#A (a%%ied pe%son- witho)t the w%itten consent of the othe% spo)se< "$#An alien with whose 'o!e%n(ent the Rep)blic of the Philippines has b%oken diplo(atic %elations< ".#A pe%son who has al%ead& been adopted. "n# ARTICLE .0;.The w%itten consent of the followin' to the adoption shall be necessa%&> "1#The pe%son to be adopted- if fo)%teen &ea%s of a'e o% o!e%< "$#The pa%ents- ')a%dian o% pe%son in cha%'e of the pe%son to be adopted. "n# ARTICLE .01. The adoption shall>

"1#+i!e to the adopted pe%son the sa(e %i'hts and d)ties as if he we%e a le'iti(ate child of the adopte%< "$#Eissol!e the a)tho%it& !ested in the pa%ents b& nat)%e< cdtai ".# Make the adopted pe%son a le'al hei% of the adopte%< "0# Entitle the adopted pe%son to )se the adopte%=s s)%na(e. "n# ARTICLE .0$.The adopte% shall not be a le'al hei% of the adopted pe%son- whose pa%ents b& nat)%e shall inhe%it f%o( hi(. "144a# ARTICLE .0..If the adopte% is s)%!i!ed b& le'iti(ate pa%ents o% ascendants and b& an adopted pe%son- the latte% shall not ha!e (o%e s)ccessional %i'hts than an acknowled'ed nat)%al child. "n# ARTICLE .00.The adopte% (a& donate p%ope%t&- b& an act inte% !i!os o% b& willto the adopted pe%son- who shall ac5)i%e owne%ship the%eof. "n# ARTICLE .01.The p%oceedin's fo% adoption shall be 'o!e%ned b& the R)les of Co)%t insofa% as the& a%e not in conflict with this Code. "n# cda ARTICLE .02.The adoption shall be %eco%ded in the local ci!il %e'iste%. "14:a# ARTICLE .04.A (ino% o% othe% incapacitated pe%son (a&- th%o)'h a ')a%dian ad lite(- ask fo% the %escission of the adoption on the sa(e '%o)nds that ca)se the loss of pa%ental a)tho%it&. "n# ARTICLE .08.The adopte% (a& petition the co)%t fo% %e!ocation of the adoption in an& of these cases> "1#If the adopted pe%son has atte(pted a'ainst the life of the adopte%< "$#7hen the adopted (ino% has abandoned the ho(e of the adopte% fo% (o%e than th%ee &ea%s< ".#7hen b& othe% acts the adopted pe%son has definitel& %ep)diated the adoption. "n# casia CHAPTER 2 A)bstit)te Pa%ental A)tho%it& "n# ARTICLE .0:.The followin' pe%sons shall e/e%cise s)bstit)te pa%ental a)tho%it&> "1#+)a%dians<

"$#Teache%s and p%ofesso%s< ".#Heads of child%en=s ho(es- o%phana'es- and si(ila% instit)tions< "0#Ei%ecto%s of t%ade establish(ents- with %e'a%d to app%entices< "1#+%andpa%ents< cdtai "2#The oldest b%othe% o% siste%. ARTICLE .1;.The pe%sons na(ed in the p%ecedin' a%ticle shall e/e%cise %easonable s)pe%!ision o!e% the cond)ct of the child. ARTICLE .11.A 'ene%al ')a%dian o% a ')a%dian o!e% the pe%son shall ha!e the sa(e a)tho%it& o!e% the wa%d=s pe%son as the pa%ents. 7ith %e'a%d to the child=s p%ope%t&- the R)les of Co)%t on ')a%dianship shall 'o!e%n. ARTICLE .1$.The %elations between teache% and p)pil- p%ofesso% and st)denta%e fi/ed b& 'o!e%n(ent %e')lations and those of each school o% instit)tion. In no case shall co%po%al p)nish(ent be co)ntenanced. The teache% o% p%ofesso% shall c)lti!ate the best potentialities of the hea%t and (ind of the p)pil o% st)dent. ARTICLE .1..App%entices shall be t%eated h)(anel&. No co%po%al p)nish(ent a'ainst the app%entice shall be pe%(itted. aisa dc ARTICLE .10. +%andpa%ents and in thei% defa)lt the oldest b%othe% o% siste% shall e/e%cise pa%ental a)tho%it& in case of death o% absence of the child=s pa%ents. If the pa%ents a%e li!in'- o% if the child is )nde% ')a%dianship- the '%andpa%ents (a& 'i!e ad!ice and co)nsel to the child- to the pa%ents o% to the ')a%dian. ARTICLE .11. A)bstit)te pa%ental a)tho%it& shall be e/e%cised b& the '%andpa%ents in the followin' o%de%> "1#Pate%nal '%andpa%ents< "$#Mate%nal '%andpa%ents. TITLE FII Ca%e and Ed)cation of Child%en ARTICLE .12.E!e%& child> "1#Is entitled to pa%ental ca%e<

"$#Ahall %ecei!e at least ele(enta%& ed)cation< ".#Ahall be 'i!en (o%al and ci!ic t%ainin' b& the pa%ents o% ')a%dian< "0#Has a %i'ht to li!e in an at(osphe%e cond)ci!e to his ph&sical- (o%al and intellect)al de!elop(ent. ARTICLE .14.E!e%& child shall> cd "1#*be& and hono% his pa%ents o% ')a%dian< "$#Respect his '%andpa%ents- old %elati!es- and pe%sons holdin' s)bstit)te pa%ental a)tho%it&< ".#E/e%t his )t(ost fo% his ed)cation and t%ainin'< "0#Coope%ate with the fa(il& in all (atte%s that (ake fo% the 'ood of the sa(e. ARTICLE .18.E!e%& pa%ent and e!e%& pe%son holdin' s)bstit)te pa%ental a)tho%it& shall see to it that the %i'hts of the child a%e %espected and his d)ties co(plied with- and shall pa%tic)la%l&- b& p%ecept and e/a(ple- i(b)e the child with hi'h(indedness- lo!e of co)nt%&- !ene%ation fo% the national he%oes- fidelit& to de(oc%ac& as a wa& of life- and attach(ent to the ideal of pe%(anent wo%ld peace. ARTICLE .1:.The 'o!e%n(ent p%o(otes the f)ll '%owth of the fac)lties of e!e%& child. Bo% this p)%pose- the 'o!e%n(ent will establish- whene!e% possible> "1#Achools in e!e%& ba%%io- ()nicipalit& and cit& whe%e optional %eli'io)s inst%)ction shall be ta)'ht as pa%t of the c)%%ic)l)( at the option of the pa%ent o% ')a%dian< "$#P)e%ic)lt)%e and si(ila% cente%s< ".#Co)ncils fo% the P%otection of Child%en< and "0#9)!enile co)%ts. casia ARTICLE .2;.The Co)ncil fo% the P%otection of Child%en shall look afte% the welfa%e of child%en in the ()nicipalit&. It shall- a(on' othe% f)nctions> "1#Boste% the ed)cation of e!e%& child in the ()nicipalit&< "$#Enco)%a'e the c)lti!ation of the d)ties of pa%ents< ".#P%otect and assist abandoned o% (ist%eated child%en- and o%phans<

"0#Take steps to p%e!ent 3)!enile delin5)enc&< "1#Adopt (eas)%es fo% the health of child%en< "2#P%o(ote the openin' and (aintenance of pla&'%o)nds< "4#Coo%dinate the acti!ities of o%'ani,ations de!oted to the welfa%e of child%enand sec)%e thei% coope%ation. ARTICLE .21.9)!enile co)%ts will be established- as fa% as p%acticable- in e!e%& cha%te%ed cit& o% la%'e ()nicipalit&. ARTICLE .2$.7hene!e% a child is fo)nd delin5)ent b& an& co)%t- the fathe%(othe%- o% ')a%dian (a& in a p%ope% case be 3)diciall& ad(onished. ARTICLE .2..In all 5)estions on the ca%e- c)stod&- ed)cation and p%ope%t& of child%en- the latte%=s welfa%e shall be pa%a(o)nt. No (othe% shall be sepa%ated f%o( he% child )nde% se!en &ea%s of a'e- )nless the co)%t finds co(pellin' %easons fo% s)ch (eas)%e. TITLE FIII @se of A)%na(es "n# ARTICLE .20.Le'iti(ate and le'iti(ated child%en shall p%incipall& )se the s)%na(e of the fathe%. casia ARTICLE .21.An adopted child shall bea% the s)%na(e of the adopte%. ARTICLE .22.A nat)%al child acknowled'ed b& both pa%ents shall p%incipall& )se the s)%na(e of the fathe%. If %eco'ni,ed b& onl& one of the pa%ents- a nat)%al child shall e(plo& the s)%na(e of the %eco'ni,in' pa%ent. ARTICLE .24.Nat)%al child%en b& le'al fiction shall p%incipall& e(plo& the s)%na(e of the fathe%. ARTICLE .28.Ille'iti(ate child%en %efe%%ed to in a%ticle $84 shall bea% the s)%na(e of the (othe%. ARTICLE .2:.Child%en concei!ed befo%e the dec%ee ann)llin' a !oidable (a%%ia'e shall p%incipall& )se the s)%na(e of the fathe%. ARTICLE .4;.A (a%%ied wo(an (a& )se> "1#He% (aiden fi%st na(e and s)%na(e and add he% h)sband=s s)%na(e- o%

"$#He% (aiden fi%st na(e and he% h)sband=s s)%na(e- o% ".#He% h)sband=s f)ll na(e- b)t p%efi/in' a wo%d indicatin' that she is his wifes)ch as M%s. ARTICLE .41.In case of ann)l(ent of (a%%ia'e- and the wife is the ')ilt& pa%t&she shall %es)(e he% (aiden na(e and s)%na(e. If she is the innocent spo)seshe (a& %es)(e he% (aiden na(e and s)%na(e. Howe!e%- she (a& choose to contin)e e(plo&in' he% fo%(e% h)sband=s s)%na(e- )nless> cdasia

"1#The co)%t dec%ees othe%wise- o% "$#Ahe o% the fo%(e% h)sband is (a%%ied a'ain to anothe% pe%son. ARTICLE .4$.7hen le'al sepa%ation has been '%anted- the wife shall contin)e )sin' he% na(e and s)%na(e e(plo&ed befo%e the le'al sepa%ation. ARTICLE .4..A widow (a& )se the deceased h)sband=s s)%na(e as tho)'h he we%e still li!in'- in acco%dance with a%ticle .4;. ARTICLE .40.In case of identit& of na(es and s)%na(es- the &o)n'e% pe%son shall be obli'ed to )se s)ch additional na(e o% s)%na(e as will a!oid conf)sion. ARTICLE .41.In case of identit& of na(es and s)%na(es between ascendants and descendants- the wo%d 9)nio% can be )sed onl& b& a son. +%andsons and othe% di%ect (ale descendants shall eithe%> "1#Add a (iddle na(e o% the (othe%=s s)%na(e- o% "$#Add the Ro(an n)(e%als II- III- and so on. ARTICLE .42.No pe%son can chan'e his na(e o% s)%na(e witho)t 3)dicial a)tho%it&. ARTICLE .44.@s)%pation of a na(e and s)%na(e (a& be the s)b3ect of an action fo% da(a'es and othe% %elief. cdasia ARTICLE .48.The )na)tho%i,ed o% )nlawf)l )se of anothe% pe%son=s s)%na(e 'i!es a %i'ht of action to the latte%. ARTICLE .4:.The e(plo&(ent of pen na(es o% sta'e na(es is pe%(ittedp%o!ided it is done in 'ood faith and the%e is no in3)%& to thi%d pe%sons. Pen na(es and sta'e na(es cannot be )s)%ped.

ARTICLE .8;.E/cept as p%o!ided in the p%ecedin' a%ticle- no pe%son shall )se diffe%ent na(es and s)%na(es. TITLE FI? Absence CHAPTER 1 P%o!isional Meas)%es in Case of Absence ARTICLE .81.7hen a pe%son disappea%s f%o( his do(icile- his whe%eabo)ts bein' )nknown- and witho)t lea!in' an a'ent to ad(iniste% his p%ope%t&- the 3)d'e- at the instance of an inte%ested pa%t&- a %elati!e- o% a f%iend- (a& appoint a pe%son to %ep%esent hi( in all that (a& be necessa%&. cdtai This sa(e %)le shall be obse%!ed when )nde% si(ila% ci%c)(stances the powe% confe%%ed b& the absentee has e/pi%ed. "181a# ARTICLE .8$.The appoint(ent %efe%%ed to in the p%ecedin' a%ticle ha!in' been (ade- the 3)d'e shall take the necessa%& (eas)%es to safe')a%d the %i'hts and inte%ests of the absentee and shall specif& the powe%s- obli'ations and %e()ne%ation of his %ep%esentati!e- %e')latin' the(- acco%din' to the ci%c)(stances- b& the %)les conce%nin' ')a%dians. "18$# ARTICLE .8..In the appoint(ent of a %ep%esentati!e- the spo)se p%esent shall be p%efe%%ed when the%e is no le'al sepa%ation. If the absentee left no spo)se- o% if the spo)se p%esent is a (ino%- an& co(petent pe%son (a& be appointed b& the co)%t. "18.a# CHAPTER $ Eecla%ation of Absence ARTICLE .80.Two &ea%s ha!in' elapsed witho)t an& news abo)t the absentee o% since the %eceipt of the last news- and fi!e &ea%s in case the absentee has left a pe%son in cha%'e of the ad(inist%ation of his p%ope%t&- his absence (a& be decla%ed. "180# ARTICLE .81.The followin' (a& ask fo% the decla%ation of absence> "1#The spo)se p%esent< cd i "$#The hei%s instit)ted in a will- who (a& p%esent an a)thentic cop& of the sa(e<

".#The %elati!es who (a& s)cceed b& the law of intestac&< "0#Those who (a& ha!e o!e% the p%ope%t& of the absentee so(e %i'ht s)bo%dinated to the condition of his death. "181# ARTICLE .82.The 3)dicial decla%ation of absence shall not take effect )ntil si/ (onths afte% its p)blication in a newspape% of 'ene%al ci%c)lation. "182a# CHAPTER . Ad(inist%ation of the P%ope%t& of the Absentee ARTICLE .84.An ad(inist%ato% of the absentee=s p%ope%t& shall be appointed in acco%dance with a%ticle .8.. "184a# ARTICLE .88.The wife who is appointed as an ad(inist%at%i/ of the h)sband=s p%ope%t& cannot alienate o% enc)(be% the h)sband=s p%ope%t&< o% that of the con3)'al pa%tne%ship- witho)t 3)dicial a)tho%it&. "188a# ARTICLE .8:.The ad(inist%ation shall cease in an& of the followin' cases> "1#7hen the absentee appea%s pe%sonall& o% b& (eans of an a'ent< "$#7hen the death of the absentee is p%o!ed and his testate o% intestate hei%s appea%< cdasia ".#7hen a thi%d pe%son appea%s- showin' b& a p%ope% doc)(ent that he has ac5)i%ed the absentee=s p%ope%t& b& p)%chase o% othe% title. In these cases the ad(inist%ato% shall cease in the pe%fo%(ance of his office- and the p%ope%t& shall be at the disposal of those who (a& ha!e a %i'ht the%eto. "1:;# CHAPTER 0 P%es)(ption of Eeath ARTICLE .:;.Afte% an absence of se!en &ea%s- it bein' )nknown whethe% o% not the absentee still li!es- he shall be p%es)(ed dead fo% all p)%poses- e/cept fo% those of s)ccession. The absentee shall not be p%es)(ed dead fo% the p)%pose of openin' his s)ccession till afte% an absence of ten &ea%s. If he disappea%ed afte% the a'e of se!ent&6fi!e &ea%s- an absence of fi!e &ea%s shall be s)fficient in o%de% that his s)ccession (a& be opened. "n#

ARTICLE .:1.The followin' shall be p%es)(ed dead fo% all p)%poses- incl)din' the di!ision of the estate a(on' the hei%s> "1#A pe%son on boa%d a !essel lost d)%in' a sea !o&a'e- o% an ae%oplane which is (issin'- who has not been hea%d of fo% fo)% &ea%s since the loss of the !essel o% ae%oplane< "$#A pe%son in the a%(ed fo%ces who has taken pa%t in wa%- and has been (issin' fo% fo)% &ea%s< acd ".#A pe%son who has been in dan'e% of death )nde% othe% ci%c)(stances and his e/istence has not been known fo% fo)% &ea%s. "n# ARTICLE .:$.If the absentee appea%s- o% witho)t appea%in' his e/istence is p%o!ed- he shall %eco!e% his p%ope%t& in the condition in which it (a& be fo)ndand the p%ice of an& p%ope%t& that (a& ha!e been alienated o% the p%ope%t& ac5)i%ed the%ewith< b)t he cannot clai( eithe% f%)its o% %ents. "1:0# CHAPTER 1 Effect of Absence @pon the Contin'ent Ri'hts of the Absentee ARTICLE .:..7hoe!e% clai(s a %i'ht pe%tainin' to a pe%son whose e/istence is not %eco'ni,ed ()st p%o!e that he was li!in' at the ti(e his e/istence was necessa%& in o%de% to ac5)i%e said %i'ht. "1:1# ARTICLE .:0.7itho)t p%e3)dice to the p%o!ision of the p%ecedin' a%ticle- )pon the openin' of a s)ccession to which an absentee is called- his sha%e shall acc%)e to his cohei%s- )nless he has hei%s- assi'ns- o% a %ep%esentati!e. The& shall all- as the case (a& be- (ake an in!ento%& of the p%ope%t&. "1:2a# ARTICLE .:1.The p%o!isions of the p%ecedin' a%ticle a%e )nde%stood to be witho)t p%e3)dice to the action of petition fo% inhe%itance o% othe% %i'hts which a%e !ested in the absentee- his %ep%esentati!es o% s)ccesso%s in inte%est. These %i'hts shall not be e/tin')ished sa!e b& lapse of ti(e fi/ed fo% p%esc%iption. In the %eco%d that is (ade in the Re'ist%& of the %eal estate which acc%)es to the cohei%s- the ci%c)(stance of its bein' s)b3ect to the p%o!isions of this a%ticle shall be stated. "1:4# cd ARTICLE .:2.Those who (a& ha!e ente%ed )pon the inhe%itance shall app%op%iate the f%)its %ecei!ed in 'ood faith so lon' as the absentee does not appea%- o% while his %ep%esentati!es o% s)ccesso%s in inte%est do not b%in' the p%ope% actions. "1:8# TITLE F?

E(ancipation and A'e of Ma3o%it& CHAPTER 1 E(ancipation ARTICLE .:4.E(ancipation takes place> "1#C& the (a%%ia'e of the (ino%< "$#C& the attain(ent of (a3o%it&< ".#C& the concession of the fathe% o% of the (othe% who e/e%cises pa%ental a)tho%it&. ".10# ARTICLE .:8.E(ancipation t%eated of in No. . of the p%ecedin' a%ticle shall be effected in a p)blic inst%)(ent which shall be %eco%ded in the Ci!il Re'iste%- and )nless so %eco%ded- it shall take no effect a'ainst thi%d pe%sons. ".12a# ARTICLE .::.E(ancipation b& (a%%ia'e o% b& !ol)nta%& concession shall te%(inate pa%ental a)tho%it& o!e% the child=s pe%son. It shall enable the (ino% to ad(iniste% his p%ope%t& as tho)'h he we%e of a'e- b)t he cannot bo%%ow (one& o% alienate o% enc)(be% %eal p%ope%t& witho)t the consent of his fathe% o% (othe%o% ')a%dian. He can s)e and be s)ed in co)%t onl& with the assistance of his fathe%- (othe% o% ')a%dian. ".14a# cd ARTICLE 0;;.In o%de% that e(ancipation b& concession of the fathe% o% of the (othe% (a& take place- it is %e5)i%ed that the (ino% be ei'hteen &ea%s of a'eand that he 'i!e his consent the%eto. ".18# ARTICLE 0;1.E(ancipation is final o% i%%e!ocable. ".1:a# CHAPTER $ A'e of Ma3o%it& ARTICLE 0;$.Ma3o%it& co((ences )pon the attain(ent of the a'e of twent&6one &ea%s. The pe%son who has %eached (a3o%it& is 5)alified fo% all acts of ci!il life- sa!e the e/ceptions established b& this Code in special cases. ".$;a# ARTICLE 0;..Notwithstandin' the p%o!isions of the p%ecedin' a%ticle- a da)'hte% abo!e twent&6one b)t below twent&6th%ee &ea%s of a'e cannot lea!e the pa%ental ho(e witho)t the consent of the fathe% o% (othe% in whose co(pan& she li!es-

e/cept to beco(e a wife- o% when she e/e%cises a p%ofession o% callin'- o% when the fathe% o% (othe% has cont%acted a s)bse5)ent (a%%ia'e. ".$1a# ARTICLE 0;0.An o%phan who is (ino% (a&- at the instance of an& %elati!e o% othe% pe%son- obtain e(ancipation b& concession )pon an o%de% of the Co)%t of Bi%st Instance. ".$$a# ARTICLE 0;1.Bo% the concession and app%o!al %efe%%ed to in the p%ecedin' a%ticle it is necessa%&> "1#That the (ino% be ei'hteen &ea%s of a'e< "$#That he consent the%eto< and cdt ".#That the concession be dee(ed con!enient fo% the (ino%. The concession shall be %eco%ded in the Ci!il Re'iste%. ".$.a# ARTICLE 0;2. The p%o!isions of a%ticle .:: a%e applicable to an o%phan who has been e(ancipated acco%din' to a%ticle 0;0. The co)%t will 'i!e the necessa%& app%o!al with %espect to the cont%acts (entioned in a%ticle .::. In liti'ations- a ')a%dian ad lite( fo% the (ino% shall be appointed b& the co)%t. ".$0a# TITLE F?I Ci!il Re'iste% ARTICLE 0;4. Acts- e!ents and 3)dicial dec%ees conce%nin' the ci!il stat)s of pe%sons shall be %eco%ded in the ci!il %e'iste%. ".$1a# ARTICLE 0;8.The followin' shall be ente%ed in the ci!il %e'iste%> "1#Ci%ths< "$#(a%%ia'es< ".#deaths< "0#le'al sepa%ations< "1#ann)l(ents of (a%%ia'e< "2#3)d'(ents decla%in' (a%%ia'es !oid f%o( the be'innin'< "4#le'iti(ations<

"8#adoptions< ":#acknowled'(ents of nat)%al child%en< "1;#nat)%ali,ation< "11#loss- o% "1$#%eco!e%& of citi,enship<

"1.#ci!il inte%diction< "10#3)dicial dete%(ination of filiation< "11#!ol)nta%& e(ancipation of a (ino%< and "12#chan'es of na(e. ".$2a# ARTICLE 0;:.In cases of le'al sepa%ation- adoption- nat)%ali,ation and othe% 3)dicial o%de%s (entioned in the p%ecedin' a%ticle- it shall be the d)t& of the cle%k of the co)%t which iss)ed the dec%ee to asce%tain whethe% the sa(e has been %e'iste%ed- and if this has not been done- to send a cop& of said dec%ee to the ci!il %e'ist%& of the cit& o% ()nicipalit& whe%e the co)%t is f)nctionin'. "n# ARTICLE 01;.The books (akin' )p the ci!il %e'iste% and all doc)(ents %elatin' the%eto shall be conside%ed p)blic doc)(ents and shall be p%i(a facie e!idence of the facts the%ein contained. "n# cda ARTICLE 011.E!e%& ci!il %e'ist%a% shall be ci!ill& %esponsible fo% an& )na)tho%i,ed alte%ation (ade in an& ci!il %e'iste%- to an& pe%son s)ffe%in' da(a'e the%eb&. Howe!e%- the ci!il %e'ist%a% (a& e/e(pt hi(self f%o( s)ch liabilit& if he p%o!es that he has taken e!e%& %easonable p%eca)tion to p%e!ent the )nlawf)l alte%ation. "n# ARTICLE 01$.No ent%& in a ci!il %e'iste% shall be chan'ed o% co%%ected- witho)t a 3)dicial o%de%. "n# ARTICLE 01..All othe% (atte%s pe%tainin' to the %e'ist%ation of ci!il stat)s shall be 'o!e%ned b& special laws. "n# C**D II P%ope%t&- *wne%ship- and its Modifications

TITLE I Classification of P%ope%t& PRELIMINARY PR*?IAI*NA ARTICLE 010. All thin's which a%e o% (a& be the ob3ect of app%op%iation a%e conside%ed eithe%> "1#I((o!able o% %eal p%ope%t&< o% cd i "$#Mo!able o% pe%sonal p%ope%t&. "...# CHAPTER 1 I((o!able P%ope%t& ARTICLE 011.The followin' a%e i((o!able p%ope%t&> "1#Land- b)ildin's- %oads and const%)ctions of all kinds adhe%ed to the soil< "$#T%ees- plants- and '%owin' f%)its- while the& a%e attached to the land o% fo%( an inte'%al pa%t of an i((o!able< ".#E!e%&thin' attached to an i((o!able in a fi/ed (anne%- in s)ch a wa& that it cannot be sepa%ated the%ef%o( witho)t b%eakin' the (ate%ial o% dete%io%ation of the ob3ect< "0#Atat)es- %eliefs- paintin's o% othe% ob3ects fo% )se o% o%na(entation- placed in b)ildin's o% on lands b& the owne% of the i((o!able in s)ch a (anne% that it %e!eals the intention to attach the( pe%(anentl& to the tene(ents< "1#Machine%&- %eceptacles- inst%)(ents o% i(ple(ents intended b& the owne% of the tene(ent fo% an ind)st%& o% wo%ks which (a& be ca%%ied on in a b)ildin' o% on a piece of land- and which tend di%ectl& to (eet the needs of the said ind)st%& o% wo%ks< "2# Ani(al ho)ses- pi'eon6ho)ses- beehi!es- fish ponds o% b%eedin' places of si(ila% nat)%e- in case thei% owne% has placed the( o% p%ese%!es the( with the intention to ha!e the( pe%(anentl& attached to the land- and fo%(in' a pe%(anent pa%t of it< the ani(als in these places a%e incl)ded< cdtai "4#Be%tili,e% act)all& )sed on a piece of land< "8#Mines- 5)a%%ies- and sla' d)(ps- while the (atte% the%eof fo%(s pa%t of the bed- and wate%s eithe% %)nnin' o% sta'nant<

":#Eocks and st%)ct)%es which- tho)'h floatin'- a%e intended b& thei% nat)%e and ob3ect to %e(ain at a fi/ed place on a %i!e%- lake- o% coast< "1;# Cont%acts fo% p)blic wo%ks- and se%!it)des and othe% %eal %i'hts o!e% i((o!able p%ope%t&. "..0a# CHAPTER $ Mo!able P%ope%t& ARTICLE 012.The followin' thin's a%e dee(ed to be pe%sonal p%ope%t&> "1#Those (o!ables s)sceptible of app%op%iation which a%e not incl)ded in the p%ecedin' a%ticle< "$#Real p%ope%t& which b& an& special p%o!ision of law is conside%ed as pe%sonalt&< ".#Bo%ces of nat)%e which a%e b%o)'ht )nde% cont%ol b& science< and "0#In 'ene%al- all thin's which can be t%anspo%ted f%o( place to place witho)t i(pai%(ent of the %eal p%ope%t& to which the& a%e fi/ed. "..1a# ARTICLE 014.The followin' a%e also conside%ed as pe%sonal p%ope%t&> "1#*bli'ations and actions which ha!e fo% thei% ob3ect (o!ables o% de(andable s)(s< and cdt "$#Aha%es of stock of a'%ic)lt)%al- co((e%cial and ind)st%ial entities- altho)'h the& (a& ha!e %eal estate. "..2a# ARTICLE 018.Mo!able p%ope%t& is eithe% cons)(able o% noncons)(able. To the fi%st class belon' those (o!ables which cannot be )sed in a (anne% app%op%iate to thei% nat)%e witho)t thei% bein' cons)(ed< to the second class belon' all the othe%s. "..4# CHAPTER . P%ope%t& in Relation to the Pe%son to 7ho( It Celon's ARTICLE 01:.P%ope%t& is eithe% of p)blic do(inion o% of p%i!ate owne%ship. "..8# ARTICLE 0$;.The followin' thin's a%e p%ope%t& of p)blic do(inion>

"1#Those intended fo% p)blic )se- s)ch as %oads- canals- %i!e%s- to%%ents- po%ts and b%id'es const%)cted b& the Atate- banks- sho%es- %oadsteads- and othe%s of si(ila% cha%acte%< "$#Those which belon' to the Atate- witho)t bein' fo% p)blic )se- and a%e intended fo% so(e p)blic se%!ice o% fo% the de!elop(ent of the national wealth. "..:a# ARTICLE 0$1.All othe% p%ope%t& of the Atate- which is not of the cha%acte% stated in the p%ecedin' a%ticle- is pat%i(onial p%ope%t&. ".0;a# ARTICLE 0$$.P%ope%t& of p)blic do(inion- when no lon'e% intended fo% p)blic )se o% fo% p)blic se%!ice- shall fo%( pa%t of the pat%i(onial p%ope%t& of the Atate. ".01a# ARTICLE 0$..The p%ope%t& of p%o!inces- cities- and ()nicipalities is di!ided into p%ope%t& fo% p)blic )se and pat%i(onial p%ope%t&. ".0.# cd ARTICLE 0$0.P%ope%t& fo% p)blic )se- in the p%o!inces- cities- and ()nicipalitiesconsist of the p%o!incial %oads- cit& st%eets- ()nicipal st%eets- the s5)a%esfo)ntains- p)blic wate%s- p%o(enades- and p)blic wo%ks fo% p)blic se%!ice paid fo% b& said p%o!inces- cities- o% ()nicipalities. All othe% p%ope%t& possessed b& an& of the( is pat%i(onial and shall be 'o!e%ned b& this Code- witho)t p%e3)dice to the p%o!isions of special laws. ".00a# ARTICLE 0$1.P%ope%t& of p%i!ate owne%ship- besides the pat%i(onial p%ope%t& of the Atate- p%o!inces- cities- and ()nicipalities- consists of all p%ope%t& belon'in' to p%i!ate pe%sons- eithe% indi!id)all& o% collecti!el&. ".01a# P%o!isions Co((on to the Th%ee P%ecedin' Chapte%s ARTICLE 0$2.7hene!e% b& p%o!ision of the law- o% an indi!id)al decla%ation- the e/p%ession i((o!able thin's o% p%ope%t&- o% (o!able thin's o% p%ope%t&- is )sed- it shall be dee(ed to incl)de- %especti!el&- the thin's en)(e%ated in Chapte% 1 and in Chapte% $. 7hene!e% the wo%d ()ebles- o% f)%nit)%e- is )sed alone- it shall not be dee(ed to incl)de (one&- c%edits- co((e%cial sec)%ities- stocks and bonds3ewel%&- scientific o% a%tistic collections- books- (edals- a%(s- clothin'- ho%ses o% ca%%ia'es and thei% accesso%ies- '%ains- li5)ids and (e%chandise- o% othe% thin's which do not ha!e as thei% p%incipal ob3ect the f)%nishin' o% o%na(entin' of a b)ildin'- e/cept whe%e f%o( the conte/t of the law- o% the indi!id)al decla%ationthe cont%a%& clea%l& appea%s. ".02a# TITLE II

*wne%ship CHAPTER 1 *wne%ship in +ene%al ARTICLE 0$4.*wne%ship (a& be e/e%cised o!e% thin's o% %i'hts. "n# ARTICLE 0$8.The owne% has the %i'ht to en3o& and dispose of a thin'- witho)t othe% li(itations than those established b& law. cdt The owne% has also a %i'ht of action a'ainst the holde% and possesso% of the thin' in o%de% to %eco!e% it. ".08a# ARTICLE 0$:.The owne% o% lawf)l possesso% of a thin' has the %i'ht to e/cl)de an& pe%son f%o( the en3o&(ent and disposal the%eof. Bo% this p)%pose- he (a& )se s)ch fo%ce as (a& be %easonabl& necessa%& to %epel o% p%e!ent an act)al o% th%eatened )nlawf)l ph&sical in!asion o% )s)%pation of his p%ope%t&. "n# ARTICLE 0.;.E!e%& owne% (a& enclose o% fence his land o% tene(ents b& (eans of walls- ditches- li!e o% dead hed'es- o% b& an& othe% (eans witho)t det%i(ent to se%!it)des constit)ted the%eon. ".88# ARTICLE 0.1.The owne% of a thin' cannot (ake )se the%eof in s)ch (anne% as to in3)%e the %i'hts of a thi%d pe%son. "n# ARTICLE 0.$.The owne% of a thin' has no %i'ht to p%ohibit the inte%fe%ence of anothe% with the sa(e- if the inte%fe%ence is necessa%& to a!e%t an i((inent dan'e% and the th%eatened da(a'e- co(pa%ed to the da(a'e a%isin' to the owne% f%o( the inte%fe%ence- is ()ch '%eate%. The owne% (a& de(and f%o( the pe%son benefited inde(nit& fo% the da(a'e to hi(. "n# aisa dc ARTICLE 0...Act)al possession )nde% clai( of owne%ship %aises a disp)table p%es)(ption of owne%ship. The t%)e owne% ()st %eso%t to 3)dicial p%ocess fo% the %eco!e%& of the p%ope%t&. "n# ARTICLE 0.0.In an action to %eco!e%- the p%ope%t& ()st be identified- and the plaintiff ()st %el& on the st%en'th of his title and not on the weakness of the defendant=s clai(. "n# ARTICLE 0.1.No pe%son shall be dep%i!ed of his p%ope%t& e/cept b& co(petent a)tho%it& and fo% p)blic )se and alwa&s )pon pa&(ent of 3)st co(pensation. Aho)ld this %e5)i%e(ent be not fi%st co(plied with- the co)%ts shall p%otect and- in a p%ope% case- %esto%e the owne% in his possession. ".0:a#

ARTICLE 0.2.7hen an& p%ope%t& is conde(ned o% sei,ed b& co(petent a)tho%it& in the inte%est of health- safet& o% sec)%it&- the owne% the%eof shall not be entitled to co(pensation- )nless he can show that s)ch conde(nation o% sei,)%e is )n3)stified. "n# ARTICLE 0.4.The owne% of a pa%cel of land is the owne% of its s)%face and of e!e%&thin' )nde% it- and he can const%)ct the%eon an& wo%ks o% (ake an& plantations and e/ca!ations which he (a& dee( p%ope%- witho)t det%i(ent to se%!it)des and s)b3ect to special laws and o%dinances. He cannot co(plain of the %easonable %e5)i%e(ents of ae%ial na!i'ation. ".1;a# ARTICLE 0.8.Hidden t%eas)%e belon's to the owne% of the land- b)ildin'- o% othe% p%ope%t& on which it is fo)nd. acd Ne!e%theless- when the disco!e%& is (ade on the p%ope%t& of anothe%- o% of the Atate o% an& of its s)bdi!isions- and b& chance- one6half the%eof shall be allowed to the finde%. If the finde% is a t%espasse%- he shall not be entitled to an& sha%e of the t%eas)%e. If the thin's fo)nd be of inte%est to science o% the a%ts- the Atate (a& ac5)i%e the( at thei% 3)st p%ice- which shall be di!ided in confo%(it& with the %)le stated. ".11a# ARTICLE 0.:.C& t%eas)%e is )nde%stood- fo% le'al p)%poses- an& hidden and )nknown deposit of (one&- 3ewel%&- o% othe% p%ecio)s ob3ects- the lawf)l owne%ship of which does not appea%. ".1$#

CHAPTER $ Ri'ht of Accession +ENERAL PR*?IAI*NA ARTICLE 00;.The owne%ship of p%ope%t& 'i!es the %i'ht b& accession to e!e%&thin' which is p%od)ced the%eb&- o% which is inco%po%ated o% attached the%eto- eithe% nat)%all& o% a%tificiall&. ".1.# AECTI*N 1 Ri'ht of Accession with Respect to 7hat is P%od)ced b& P%ope%t& ARTICLE 001.To the owne% belon's>

"1#The nat)%al f%)its< casia "$#The ind)st%ial f%)its< ".#The ci!il f%)its. ".10# ARTICLE 00$.Nat)%al f%)its a%e the spontaneo)s p%od)cts of the soil- and the &o)n' and othe% p%od)cts of ani(als. Ind)st%ial f%)its a%e those p%od)ced b& lands of an& kind th%o)'h c)lti!ation o% labo%. Ci!il f%)its a%e the %ents of b)ildin's- the p%ice of leases of lands and othe% p%ope%t& and the a(o)nt of pe%pet)al o% life ann)ities o% othe% si(ila% inco(e. ".11a# ARTICLE 00..He who %ecei!es the f%)its has the obli'ation to pa& the e/penses (ade b& a thi%d pe%son in thei% p%od)ction- 'athe%in'- and p%ese%!ation. ".12# ARTICLE 000.*nl& s)ch as a%e (anifest o% bo%n a%e conside%ed as nat)%al o% ind)st%ial f%)its. 7ith %espect to ani(als- it is s)fficient that the& a%e in the wo(b of the (othe%altho)'h )nbo%n. ".14# AECTI*N $ Ri'ht of Accession with Respect to I((o!able P%ope%t& ARTICLE 001.7hate!e% is b)ilt- planted o% sown on the land of anothe% and the i(p%o!e(ents o% %epai%s (ade the%eon- belon' to the owne% of the land- s)b3ect to the p%o!isions of the followin' a%ticles. ".18# cdt ARTICLE 002.All wo%ks- sowin'- and plantin' a%e p%es)(ed (ade b& the owne% and at his e/pense- )nless the cont%a%& is p%o!ed. ".1:# ARTICLE 004.The owne% of the land who (akes the%eon- pe%sonall& o% th%o)'h anothe%- plantin's- const%)ctions o% wo%ks with the (ate%ials of anothe%- shall pa& thei% !al)e< and- if he acted in bad faith- he shall also be obli'ed to the %epa%ation of da(a'es. The owne% of the (ate%ials shall ha!e the %i'ht to %e(o!e the( onl& in case he can do so witho)t in3)%& to the wo%k const%)cted- o% witho)t the plantin's- const%)ctions o% wo%ks bein' dest%o&ed. Howe!e%- if the landowne% acted in bad faith- the owne% of the (ate%ials (a& %e(o!e the( in an& e!ent- with a %i'ht to be inde(nified fo% da(a'es. ".2;a#

ARTICLE 008.The owne% of the land on which an&thin' has been b)ilt- sown o% planted in 'ood faith- shall ha!e the %i'ht to app%op%iate as his own the wo%kssowin' o% plantin'- afte% pa&(ent of the inde(nit& p%o!ided fo% in a%ticles 102 and 108- o% to obli'e the one who b)ilt o% planted to pa& the p%ice of the land- and the one who sowed- the p%ope% %ent. Howe!e%- the b)ilde% o% plante% cannot be obli'ed to b)& the land if its !al)e is conside%abl& (o%e than that of the b)ildin' o% t%ees. In s)ch case- he shall pa& %easonable %ent- if the owne% of the land does not choose to app%op%iate the b)ildin' o% t%ees afte% p%ope% inde(nit&. The pa%ties shall a'%ee )pon the te%(s of the lease and in case of disa'%ee(ent- the co)%t shall fi/ the te%(s the%eof. ".21a# ARTICLE 00:.He who b)ilds- plants o% sows in bad faith on the land of anothe%loses what is b)ilt- planted o% sown witho)t %i'ht to inde(nit&. ".2$# ARTICLE 01;.The owne% of the land on which an&thin' has been b)ilt- planted o% sown in bad faith (a& de(and the de(olition of the wo%k- o% that the plantin' o% sowin' be %e(o!ed- in o%de% to %eplace thin's in thei% fo%(e% condition at the e/pense of the pe%son who b)ilt- planted o% sowed< o% he (a& co(pel the b)ilde% o% plante% to pa& the p%ice of the land- and the sowe% the p%ope% %ent. ".2.a# cdasia ARTICLE 011.In the cases of the two p%ecedin' a%ticles- the landowne% is entitled to da(a'es f%o( the b)ilde%- plante% o% sowe%. "n# ARTICLE 01$.The b)ilde%- plante% o% sowe% in bad faith is entitled to %ei(b)%se(ent fo% the necessa%& e/penses of p%ese%!ation of the land. "n# ARTICLE 01..If the%e was bad faith- not onl& on the pa%t of the pe%son who b)iltplanted o% sowed on the land of anothe%- b)t also on the pa%t of the owne% of s)ch land- the %i'hts of one and the othe% shall be the sa(e as tho)'h both had acted in 'ood faith. It is )nde%stood that the%e is bad faith on the pa%t of the landowne% whene!e% the act was done with his knowled'e and witho)t opposition on his pa%t. ".20a# ARTICLE 010.7hen the landowne% acted in bad faith and the b)ilde%- plante% o% sowe% p%oceeded in 'ood faith- the p%o!isions of a%ticle 004 shall appl&. "n# ARTICLE 011.If the (ate%ials- plants o% seeds belon' to a thi%d pe%son who has not acted in bad faith- the owne% of the land shall answe% s)bsidia%il& fo% thei% !al)e and onl& in the e!ent that the one who (ade )se of the( has no p%ope%t& with which to pa&. This p%o!ision shall not appl& if the owne% (akes )se of the %i'ht '%anted b& a%ticle 01;. If the owne% of the (ate%ials- plants o% seeds has been paid b& the

b)ilde%- plante% o% sowe%- the latte% (a& de(and f%o( the landowne% the !al)e of the (ate%ials and labo%. ".21a# ARTICLE 012.In the cases %e')lated in the p%ecedin' a%ticles- 'ood faith does not necessa%il& e/cl)de ne'li'ence- which 'i!es %i'ht to da(a'es )nde% a%ticle $142. "n# ARTICLE 014.To the owne%s of lands ad3oinin' the banks of %i!e%s belon' the acc%etion which the& '%ad)all& %ecei!e f%o( the effects of the c)%%ent of the wate%s. ".22# cd i ARTICLE 018.The owne%s of estates ad3oinin' ponds o% la'oons do not ac5)i%e the land left d%& b& the nat)%al dec%ease of the wate%s- o% lose that in)ndated b& the( in e/t%ao%dina%& floods. ".24# ARTICLE 01:.7hene!e% the c)%%ent of a %i!e%- c%eek o% to%%ent se'%e'ates f%o( an estate on its bank a known po%tion of land and t%ansfe%s it to anothe% estatethe owne% of the land to which the se'%e'ated po%tion belon'ed %etains the owne%ship of it- p%o!ided that he %e(o!es the sa(e within two &ea%s. ".28a# ARTICLE 02;.T%ees )p%ooted and ca%%ied awa& b& the c)%%ent of the wate%s belon' to the owne% of the land )pon which the& (a& be cast- if the owne%s do not clai( the( within si/ (onths. If s)ch owne%s clai( the(- the& shall pa& the e/penses inc)%%ed in 'athe%in' the( o% p)ttin' the( in a safe place. ".2:a# ARTICLE 021.Ri!e% beds which a%e abandoned th%o)'h the nat)%al chan'e in the co)%se of the wate%s ipso facto belon' to the owne%s whose lands a%e occ)pied b& the new co)%se in p%opo%tion to the a%ea lost. Howe!e%- the owne%s of the lands ad3oinin' the old bed shall ha!e the %i'ht to ac5)i%e the sa(e b& pa&in' the !al)e the%eof- which !al)e shall not e/ceed the !al)e of the a%ea occ)pied b& the new bed. ".4;a# ARTICLE 02$. 7hene!e% a %i!e%- chan'in' its co)%se b& nat)%al ca)ses- opens a new bed th%o)'h a p%i!ate estate- this bed shall beco(e of p)blic do(inion. ".4$a# ARTICLE 02..7hene!e% the c)%%ent of a %i!e% di!ides itself into b%anches- lea!in' a piece of land o% pa%t the%eof isolated- the owne% of the land %etains his owne%ship. He also %etains it if a po%tion of land is sepa%ated f%o( the estate b& the c)%%ent. ".40# cdt ARTICLE 020.Islands which (a& be fo%(ed on the seas within the 3)%isdiction of the Philippines- on lakes- and on na!i'able o% floatable %i!e%s belon' to the Atate. ".41a#

ARTICLE 021.Islands which th%o)'h s)ccessi!e acc)()lation of all)!ial deposits a%e fo%(ed in non6na!i'able and non6floatable %i!e%s- belon' to the owne%s of the (a%'ins o% banks nea%est to each of the(- o% to the owne%s of both (a%'ins if the island is in the (iddle of the %i!e%- in which case it shall be di!ided lon'it)dinall& in hal!es. If a sin'le island th)s fo%(ed be (o%e distant f%o( one (a%'in than f%o( the othe%- the owne% of the nea%e% (a%'in shall be the sole owne% the%eof. ".4.a# AECTI*N . Ri'ht of Accession with Respect to Mo!able P%ope%t& ARTICLE 022.7hene!e% two (o!able thin's belon'in' to diffe%ent owne%s a%ewitho)t bad faith- )nited in s)ch a wa& that the& fo%( a sin'le ob3ect- the owne% of the p%incipal thin' ac5)i%es the accesso%&- inde(nif&in' the fo%(e% owne% the%eof fo% its !al)e. ".41# cdt ARTICLE 024.The p%incipal thin'- as between two thin's inco%po%ated- is dee(ed to be that to which the othe% has been )nited as an o%na(ent- o% fo% its )se o% pe%fection. ".42# ARTICLE 028.If it cannot be dete%(ined b& the %)le 'i!en in the p%ecedin' a%ticle which of the two thin's inco%po%ated is the p%incipal one- the thin' of the '%eate% !al)e shall be so conside%ed- and as between two thin's of e5)al !al)e- that of the '%eate% !ol)(e. In paintin' and sc)lpt)%e- w%itin's- p%inted (atte%- en'%a!in' and litho'%aphs- the boa%d- (etal- stone- can!as- pape% o% pa%ch(ent shall be dee(ed the accesso%& thin'. ".44# ARTICLE 02:.7hene!e% the thin's )nited can be sepa%ated witho)t in3)%&- thei% %especti!e owne%s (a& de(and thei% sepa%ation. Ne!e%theless- in case the thin' )nited fo% the )se- e(bellish(ent o% pe%fection of the othe%- is ()ch (o%e p%ecio)s than the p%incipal thin'- the owne% of the fo%(e% (a& de(and its sepa%ation- e!en tho)'h the thin' to which it has been inco%po%ated (a& s)ffe% so(e in3)%&. ".48# ARTICLE 04;. 7hene!e% the owne% of the accesso%& thin' has (ade the inco%po%ation in bad faith- he shall lose the thin' inco%po%ated and shall ha!e the obli'ation to inde(nif& the owne% of the p%incipal thin' fo% the da(a'es he (a& ha!e s)ffe%ed. aisa dc If the one who has acted in bad faith is the owne% of the p%incipal thin'- the owne% of the accesso%& thin' shall ha!e a %i'ht to choose between the fo%(e% pa&in' hi( its !al)e o% that the thin' belon'in' to hi( be sepa%ated- e!en tho)'h fo% this

p)%pose it be necessa%& to dest%o& the p%incipal thin'< and in both casesf)%the%(o%e- the%e shall be inde(nit& fo% da(a'es. If eithe% one of the owne%s has (ade the inco%po%ation with the knowled'e and witho)t the ob3ection of the othe%- thei% %especti!e %i'hts shall be dete%(ined as tho)'h both acted in 'ood faith. ".4:a# ARTICLE 041.7hene!e% the owne% of the (ate%ial e(plo&ed witho)t his consent has a %i'ht to an inde(nit&- he (a& de(and that this consist in the deli!e%& of a thin' e5)al in kind and !al)e- and in all othe% %espects- to that e(plo&ed- o% else in the p%ice the%eof- acco%din' to e/pe%t app%aisal. ".8;#

ARTICLE 04$.If b& the will of thei% owne%s two thin's of the sa(e o% diffe%ent kinds a%e (i/ed- o% if the (i/t)%e occ)%s b& chance- and in the latte% case the thin's a%e not sepa%able witho)t in3)%&- each owne% shall ac5)i%e a %i'ht p%opo%tional to the pa%t belon'in' to hi(- bea%in' in (ind the !al)e of the thin's (i/ed o% conf)sed. ".81# ARTICLE 04..If b& the will of onl& one owne%- b)t in 'ood faith- two thin's of the sa(e o% diffe%ent kinds a%e (i/ed o% conf)sed- the %i'hts of the owne%s shall be dete%(ined b& the p%o!isions of the p%ecedin' a%ticle. If the one who ca)sed the (i/t)%e o% conf)sion acted in bad faith- he shall lose the thin' belon'in' to hi( th)s (i/ed o% conf)sed- besides bein' obli'ed to pa& inde(nit& fo% the da(a'es ca)sed to the owne% of the othe% thin' with which his own was (i/ed. ".8$# cda ARTICLE 040.*ne who in 'ood faith e(plo&s the (ate%ial of anothe% in whole o% in pa%t in o%de% to (ake a thin' of a diffe%ent kind- shall app%op%iate the thin' th)s t%ansfo%(ed as his own- inde(nif&in' the owne% of the (ate%ial fo% its !al)e. If the (ate%ial is (o%e p%ecio)s than the t%ansfo%(ed thin' o% is of (o%e !al)e- its owne% (a&- at his option- app%op%iate the new thin' to hi(self- afte% fi%st pa&in' inde(nit& fo% the !al)e of the wo%k- o% de(and inde(nit& fo% the (ate%ial. If in the (akin' of the thin' bad faith inte%!ened- the owne% of the (ate%ial shall ha!e the %i'ht to app%op%iate the wo%k to hi(self witho)t pa&in' an&thin' to the (ake%- o% to de(and of the latte% that he inde(nif& hi( fo% the !al)e of the (ate%ial and the da(a'es he (a& ha!e s)ffe%ed. Howe!e%- the owne% of the (ate%ial cannot app%op%iate the wo%k in case the !al)e of the latte%- fo% a%tistic o% scientific %easons- is conside%abl& (o%e than that of the (ate%ial. ".8.a# ARTICLE 041.In the p%ecedin' a%ticles- senti(ental !al)e shall be d)l& app%eciated. "n#

CHAPTER . G)ietin' of Title "n# ARTICLE 042.7hene!e% the%e is a clo)d on title to %eal p%ope%t& o% an& inte%est the%ein- b& %eason of an& inst%)(ent- %eco%d- clai(- enc)(b%ance o% p%oceedin' which is appa%entl& !alid o% effecti!e b)t is in t%)th and in fact in!alid- ineffecti!e!oidable- o% )nenfo%ceable- and (a& be p%e3)dicial to said title- an action (a& be b%o)'ht to %e(o!e s)ch clo)d o% to 5)iet the title. An action (a& also be b%o)'ht to p%e!ent a clo)d f%o( bein' cast )pon title to %eal p%ope%t& o% an& inte%est the%ein. cd ARTICLE 044.The plaintiff ()st ha!e le'al o% e5)itable title to- o% inte%est in the %eal p%ope%t& which is the s)b3ect6(atte% of the action. He need not be in possession of said p%ope%t&. ARTICLE 048.The%e (a& also be an action to 5)iet title o% %e(o!e a clo)d the%ef%o( when the cont%act- inst%)(ent o% othe% obli'ation has been e/tin')ished o% has te%(inated- o% has been ba%%ed b& e/tincti!e p%esc%iption. ARTICLE 04:.The plaintiff ()st %et)%n to the defendant all benefits he (a& ha!e %ecei!ed f%o( the latte%- o% %ei(b)%se hi( fo% e/penses that (a& ha!e %edo)nded to the plaintiff=s benefit. ARTICLE 08;.The p%inciples of the 'ene%al law on the 5)ietin' of title a%e he%eb& adopted insofa% as the& a%e not in conflict with this Code. ARTICLE 081.The p%oced)%e fo% the 5)ietin' of title o% the %e(o!al of a clo)d the%ef%o( shall be 'o!e%ned b& s)ch %)les of co)%t as the A)p%e(e Co)%t shall p%o()l'ate. CHAPTER 0 R)ino)s C)ildin's and T%ees in Ean'e% of Ballin' ARTICLE 08$.If a b)ildin'- wall- col)(n- o% an& othe% const%)ction is in dan'e% of fallin'- the owne% shall be obli'ed to de(olish it o% to e/ec)te the necessa%& wo%k in o%de% to p%e!ent it f%o( fallin'. If the p%op%ieto% does not co(pl& with this obli'ation- the ad(inist%ati!e a)tho%ities (a& o%de% the de(olition of the st%)ct)%e at the e/pense of the owne%o% take (eas)%es to ins)%e p)blic safet&. ".8:a# acd

ARTICLE 08..7hene!e% a la%'e t%ee th%eatens to fall in s)ch a wa& as to ca)se da(a'e to the land o% tene(ent of anothe% o% to t%a!ele%s o!e% a p)blic o% p%i!ate %oad- the owne% of the t%ee shall be obli'ed to fell and %e(o!e it< and sho)ld he not do so- it shall be done at his e/pense b& o%de% of the ad(inist%ati!e a)tho%ities. ".:;a# TITLE III Co6owne%ship ARTICLE 080.The%e is co6owne%ship whene!e% the owne%ship of an )ndi!ided thin' o% %i'ht belon's to diffe%ent pe%sons. In defa)lt of cont%acts- o% of special p%o!isions- co6owne%ship shall be 'o!e%ned b& the p%o!isions of this Title. ".:$# ARTICLE 081. The sha%e of the co6owne%s- in the benefits as well as in the cha%'es- shall be p%opo%tional to thei% %especti!e inte%ests. An& stip)lation in a cont%act to the cont%a%& shall be !oid. The po%tions belon'in' to the co6owne%s in the co6owne%ship shall be p%es)(ed e5)al- )nless the cont%a%& is p%o!ed. ".:.a# ARTICLE 082.Each co6owne% (a& )se the thin' owned in co((on- p%o!ided he does so in acco%dance with the p)%pose fo% which it is intended and in s)ch a wa& as not to in3)%e the inte%est of the co6owne%ship o% p%e!ent the othe% co6 owne%s f%o( )sin' it acco%din' to thei% %i'hts. The p)%pose of the co6owne%ship (a& be chan'ed b& a'%ee(ent- e/p%ess o% i(plied. ".:0a# ARTICLE 084.An& one of the co6owne%s (a& b%in' an action in e3ect(ent. "n# ARTICLE 088.Each co6owne% shall ha!e a %i'ht to co(pel the othe% co6owne%s to cont%ib)te to the e/penses of p%ese%!ation of the thin' o% %i'ht owned in co((on and to the ta/es. An& one of the latte% (a& e/e(pt hi(self f%o( this obli'ation b& %eno)ncin' so ()ch of his )ndi!ided inte%est as (a& be e5)i!alent to his sha%e of the e/penses and ta/es. No s)ch wai!e% shall be (ade if it is p%e3)dicial to the co6owne%ship. ".:1a# ARTICLE 08:.Repai%s fo% p%ese%!ation (a& be (ade at the will of one of the co6 owne%s- b)t he ()st- if p%acticable- fi%st notif& his co6owne%s of the necessit& fo% s)ch %epai%s. E/penses to i(p%o!e o% e(bellish the thin' shall be decided )pon b& a (a3o%it& as dete%(ined in a%ticle 0:$. "n# cdtai ARTICLE 0:;.7hene!e% the diffe%ent sto%ies of a ho)se belon' to diffe%ent owne%s- if the titles of owne%ship do not specif& the te%(s )nde% which the&

sho)ld cont%ib)te to the necessa%& e/penses and the%e e/ists no a'%ee(ent on the s)b3ect- the followin' %)les shall be obse%!ed> "1#The (ain and pa%t& walls- the %oof and the othe% thin's )sed in co((on- shall be p%ese%!ed at the e/pense of all the owne%s in p%opo%tion to the !al)e of the sto%& belon'in' to each< "$#Each owne% shall bea% the cost of (aintainin' the floo% of his sto%&< the floo% of the ent%ance- f%ont doo%- co((on &a%d and sanita%& wo%ks co((on to all- shall be (aintained at the e/pense of all the owne%s p%o %ata< ".#The stai%s f%o( the ent%ance to the fi%st sto%& shall be (aintained at the e/pense of all the owne%s p%o %ata- with the e/ception of the owne% of the '%o)nd floo%< the stai%s f%o( the fi%st to the second sto%& shall be p%ese%!ed at the e/pense of all- e/cept the owne% of the '%o)nd floo% and the owne% of the fi%st sto%&< and so on s)ccessi!el&. ".:2# cdt ARTICLE 0:1.None of the co6owne%s shall- witho)t the consent of the othe%s(ake alte%ations in the thin' owned in co((on- e!en tho)'h benefits fo% all wo)ld %es)lt the%ef%o(. Howe!e%- if the withholdin' of the consent b& one o% (o%e of the co6owne%s is clea%l& p%e3)dicial to the co((on inte%est- the co)%ts (a& affo%d ade5)ate %elief. ".:4a# ARTICLE 0:$.Bo% the ad(inist%ation and bette% en3o&(ent of the thin' owned in co((on- the %esol)tions of the (a3o%it& of the co6owne%s shall be bindin'. The%e shall be no (a3o%it& )nless the %esol)tion is app%o!ed b& the co6owne%s who %ep%esent the cont%ollin' inte%est in the ob3ect of the co6owne%ship. Aho)ld the%e be no (a3o%it&- o% sho)ld the %esol)tion of the (a3o%it& be se%io)sl& p%e3)dicial to those inte%ested in the p%ope%t& owned in co((on- the co)%t- at the instance of an inte%ested pa%t&- shall o%de% s)ch (eas)%es as it (a& dee( p%ope%- incl)din' the appoint(ent of an ad(inist%ato%. 7hene!e% a pa%t of the thin' belon's e/cl)si!el& to one of the co6owne%s- and the %e(ainde% is owned in co((on- the p%ecedin' p%o!isions shall appl& onl& to the pa%t owned in co((on. ".:8# ARTICLE 0:..Each co6owne% shall ha!e the f)ll owne%ship of his pa%t and of the f%)its and benefits pe%tainin' the%eto- and he (a& the%efo%e alienate- assi'n o% (o%t'a'e it- and e!en s)bstit)te anothe% pe%son in its en3o&(ent- e/cept when pe%sonal %i'hts a%e in!ol!ed. C)t the effect of the alienation o% the (o%t'a'e- with %espect to the co6owne%s- shall be li(ited to the po%tion which (a& be allotted to hi( in the di!ision )pon the te%(ination of the co6owne%ship. ".::#

ARTICLE 0:0.No co6owne% shall be obli'ed to %e(ain in the co6owne%ship. Each co6owne% (a& de(and at an& ti(e the pa%tition of the thin' owned in co((oninsofa% as his sha%e is conce%ned. aisa dc Ne!e%theless- an a'%ee(ent to keep the thin' )ndi!ided fo% a ce%tain pe%iod of ti(e- not e/ceedin' ten &ea%s- shall be !alid. This te%( (a& be e/tended b& a new a'%ee(ent. A dono% o% testato% (a& p%ohibit pa%tition fo% a pe%iod which shall not e/ceed twent& &ea%s. Neithe% shall the%e be an& pa%tition when it is p%ohibited b& law. No p%esc%iption shall %)n in fa!o% of a co6owne% o% co6hei% a'ainst his co6owne%s o% co6hei%s so lon' as he e/p%essl& o% i(pliedl& %eco'ni,es the co6owne%ship. "0;;a# ARTICLE 0:1.Notwithstandin' the p%o!isions of the p%ecedin' a%ticle- the co6 owne%s cannot de(and a ph&sical di!ision of the thin' owned in co((on- when to do so wo)ld %ende% it )nse%!iceable fo% the )se fo% which it is intended. C)t the co6owne%ship (a& be te%(inated in acco%dance with a%ticle 0:8. "0;1a# ARTICLE 0:2.Pa%tition (a& be (ade b& a'%ee(ent between the pa%ties o% b& 3)dicial p%oceedin's. Pa%tition shall be 'o!e%ned b& the R)les of Co)%t insofa% as the& a%e consistent with this Code. "0;$# ARTICLE 0:4.The c%edito%s o% assi'nees of the co6owne%s (a& take pa%t in the di!ision of the thin' owned in co((on and ob3ect to its bein' effected witho)t thei% conc)%%ence. C)t the& cannot i(p)'n an& pa%tition al%ead& e/ec)ted- )nless the%e has been f%a)d- o% in case it was (ade notwithstandin' a fo%(al opposition p%esented to p%e!ent it- witho)t p%e3)dice to the %i'ht of the debto% o% assi'no% to (aintain its !alidit&. "0;.# cdt

ARTICLE 0:8.7hene!e% the thin' is essentiall& indi!isible and the co6owne%s cannot a'%ee that it be allotted to one of the( who shall inde(nif& the othe%s- it shall be sold and its p%oceeds dist%ib)ted. "0;0# ARTICLE 0::.The pa%tition of a thin' owned in co((on shall not p%e3)dice thi%d pe%sons- who shall %etain the %i'hts of (o%t'a'e- se%!it)de- o% an& othe% %eal %i'hts belon'in' to the( befo%e the di!ision was (ade. Pe%sonal %i'hts pe%tainin' to thi%d pe%sons a'ainst the co6owne%ship shall also %e(ain in fo%cenotwithstandin' the pa%tition. "0;1#

ARTICLE 1;;.@pon pa%tition- the%e shall be a ()t)al acco)ntin' fo% benefits %ecei!ed and %ei(b)%se(ents fo% e/penses (ade. Likewise- each co6owne% shall pa& fo% da(a'es ca)sed b& %eason of his ne'li'ence o% f%a)d. "n# ARTICLE 1;1.E!e%& co6owne% shall- afte% pa%tition- be liable fo% defects of title and 5)alit& of the po%tion assi'ned to each of the othe% co6owne%s. "n# cd i TITLE I? Ao(e Apecial P%ope%ties CHAPTER 1 7ate%s AECTI*N 1 *wne%ship of 7ate%s ARTICLE 1;$.The followin' a%e of p)blic do(inion> "1#Ri!e%s and thei% nat)%al beds< cda "$#Contin)o)s o% inte%(ittent wate%s of sp%in's and b%ooks %)nnin' in thei% nat)%al beds and the beds the(sel!es< ".# 7ate%s %isin' contin)o)sl& o% inte%(ittentl& on lands of p)blic do(inion< "0#Lakes and la'oons fo%(ed b& Nat)%e on p)blic lands- and thei% beds< "1#Rain wate%s %)nnin' th%o)'h %a!ines o% sand beds- which a%e also of p)blic do(inion< "2#A)bte%%anean wate%s on p)blic lands< "4#7ate%s fo)nd within the ,one of ope%ation of p)blic wo%ks- e!en if const%)cted b& a cont%acto%< aisa dc "8#7ate%s %isin' contin)o)sl& o% inte%(ittentl& on lands belon'in' to p%i!ate pe%sons- to the Atate- to a p%o!ince- o% to a cit& o% a ()nicipalit& f%o( the (o(ent the& lea!e s)ch lands< ":#The waste wate%s of fo)ntains- sewe%s and p)blic establish(ents. "0;4# ARTICLE 1;..The followin' a%e of p%i!ate owne%ship>

"1#Contin)o)s o% inte%(ittent wate%s %isin' on lands of p%i!ate owne%ship- while %)nnin' th%o)'h the sa(e< "$# Lakes and la'oons- and thei% beds- fo%(ed b& Nat)%e on s)ch lands< ".#A)bte%%anean wate%s fo)nd on the sa(e< "0#Rain wate%s fallin' on said lands- as lon' as the& %e(ain within the bo)nda%ies< "1#The beds of flowin' wate%s- contin)o)s o% inte%(ittent- fo%(ed b& %ain wate%and those of b%ooks- c%ossin' lands which a%e not of p)blic do(inion. In e!e%& d%ain o% a5)ed)ct- the wate%- bed- banks and flood'ates shall be conside%ed as an inte'%al pa%t of the land o% b)ildin' fo% which the wate%s a%e intended. The owne%s of lands- th%o)'h which o% alon' the bo)nda%ies of which the a5)ed)ct passes- cannot clai( owne%ship o!e% it- o% an& %i'ht to the )se of its bed o% banks- )nless the clai( is based on titles of owne%ship specif&in' the %i'ht o% owne%ship clai(ed. "0;8# AECTI*N $ The @se of P)blic 7ate%s ARTICLE 1;0.The )se of p)blic wate%s is ac5)i%ed> cdtai "1#C& ad(inist%ati!e concession< "$#C& p%esc%iption fo% ten &ea%s. The e/tent of the %i'hts and obli'ations of the )se shall be that established- in the fi%st case- b& the te%(s of the concession- and- in the second case- b& the (anne% and fo%( in which the wate%s ha!e been )sed. "0;:a# ARTICLE 1;1.E!e%& concession fo% the )se of wate%s is )nde%stood to be witho)t p%e3)dice to thi%d pe%sons. "01;# ARTICLE 1;2.The %i'ht to (ake )se of p)blic wate%s is e/tin')ished b& the lapse of the concession and b& non6)se% fo% fi!e &ea%s. "011a# AECTI*N . The @se of 7ate%s of P%i!ate *wne%ship ARTICLE 1;4.The owne% of a piece of land on which a sp%in' o% b%ook %ises- be it contin)o)s o% inte%(ittent- (a& )se its wate%s while the& %)n th%o)'h the sa(e-

b)t afte% the wate%s lea!e the land the& shall beco(e p)blic- and thei% )se shall be 'o!e%ned b& the Apecial Law of 7ate%s of A)')st .- 1822- and b& the I%%i'ation Law. "01$a# ARTICLE 1;8.The p%i!ate owne%ship of the beds of %ain wate%s does not 'i!e a %i'ht to (ake wo%ks o% const%)ctions which (a& chan'e thei% co)%se to the da(a'e of thi%d pe%sons- o% whose dest%)ction- b& the fo%ce of floods- (a& ca)se s)ch da(a'e. "01.# ARTICLE 1;:.No one (a& ente% p%i!ate p%ope%t& to sea%ch wate%s o% (ake )se of the( witho)t pe%(ission f%o( the owne%s- e/cept as p%o!ided b& the Minin' Law. "010a# ARTICLE 11;.The owne%ship which the p%op%ieto% of a piece of land has o!e% the wate%s %isin' the%eon does not p%e3)dice the %i'hts which the owne%s of lowe% estates (a& ha!e le'all& ac5)i%ed to the )se the%eof. "011# cdtai ARTICLE 111. E!e%& owne% of a piece of land has the %i'ht to const%)ct within his p%ope%t&- %ese%!oi%s fo% %ain wate%s- p%o!ided he ca)ses no da(a'e to the p)blic o% to thi%d pe%sons. "012# AECTI*N 0 A)bte%%anean 7ate%s ARTICLE 11$. *nl& the owne% of a piece of land- o% anothe% pe%son with his pe%(ission- (a& (ake e/plo%ations the%eon fo% s)bte%%anean wate%s- e/cept as p%o!ided b& the Minin' Law. E/plo%ations fo% s)bte%%anean wate%s on lands of p)blic do(inion (a& be (ade onl& with the pe%(ission of the ad(inist%ati!e a)tho%ities. "014a# ARTICLE 11..7ate%s a%tificiall& b%o)'ht fo%th in acco%dance with the Apecial Law of 7ate%s of A)')st .- 1822- belon' to the pe%son who b%o)'ht the( )p. "018# ARTICLE 110.7hen the owne% of wate%s a%tificiall& b%o)'ht to the s)%face abandons the( to thei% nat)%al co)%se- the& shall beco(e of p)blic do(inion. "01:# AECTI*N 1 +ene%al P%o!isions ARTICLE 111.The owne% of a piece of land on which the%e a%e defensi!e wo%ks to check wate%s- o% on which- d)e to a chan'e of thei% co)%se- it (a& be necessa%& to %econst%)ct s)ch wo%ks- shall be obli'ed- at his election- eithe% to

(ake the necessa%& %epai%s o% const%)ction hi(self- o% to pe%(it the( to be donewitho)t da(a'e to hi(- b& the owne%s of the lands which s)ffe% o% a%e clea%l& e/posed to s)ffe% in3)%&. "0$;# ARTICLE 112.The p%o!isions of the p%ecedin' a%ticle a%e applicable to the case in which it (a& be necessa%& to clea% a piece of land of (atte%- whose acc)()lation o% fall (a& obst%)ct the co)%se of the wate%s- to the da(a'e o% pe%il of thi%d pe%sons. "0$1# ARTICLE 114.All the owne%s who pa%ticipate in the benefits a%isin' f%o( the wo%ks %efe%%ed to in the two p%ecedin' a%ticles- shall be obli'ed to cont%ib)te to the e/penses of const%)ction in p%opo%tion to thei% %especti!e inte%ests. Those who b& thei% fa)lt (a& ha!e ca)sed the da(a'e shall be liable fo% the e/penses. "0$$# cdt ARTICLE 118.All (atte%s not e/p%essl& dete%(ined b& the p%o!isions of this Chapte% shall be 'o!e%ned b& the Apecial Law of 7ate%s of A)')st .- 1822- and b& the I%%i'ation Law. "0$1a# CHAPTER $ Mine%als ARTICLE 11:.Minin' clai(s and %i'hts and othe% (atte%s conce%nin' (ine%als and (ine%al lands a%e 'o!e%ned b& special laws. "0$4a# CHAPTER . T%ade6(a%ks and T%ade6na(es ARTICLE 1$;.A t%ade6(a%k o% t%ade6na(e d)l& %e'iste%ed in the p%ope% 'o!e%n(ent b)%ea) o% office is owned b& and pe%tains to the pe%son- co%po%ationo% fi%( %e'iste%in' the sa(e- s)b3ect to the p%o!isions of special laws. "n# cdtai ARTICLE 1$1.The 'oodwill of a b)siness is p%ope%t&- and (a& be t%ansfe%%ed to'ethe% with the %i'ht to )se the na(e )nde% which the b)siness is cond)cted. "n# ARTICLE 1$$.T%ade6(a%ks and t%ade6na(es a%e 'o!e%ned b& special laws. "n# TITLE ? Possession CHAPTER 1

Possession and the Dinds The%eof ARTICLE 1$..Possession is the holdin' of a thin' o% the en3o&(ent of a %i'ht. "0.;a# ARTICLE 1$0.Possession (a& be e/e%cised in one=s own na(e o% in that of anothe%. "0.1a# ARTICLE 1$1.The possession of thin's o% %i'hts (a& be had in one of two concepts> eithe% in the concept of owne%- o% in that of the holde% of the thin' o% %i'ht to keep o% en3o& it- the owne%ship pe%tainin' to anothe% pe%son. "0.$# ARTICLE 1$2.He is dee(ed a possesso% in 'ood faith who is not awa%e that the%e e/ists in his title o% (ode of ac5)isition an& flaw which in!alidates it. He is dee(ed a possesso% in bad faith who possesses in an& case cont%a%& to the fo%e'oin'. Mistake )pon a do)btf)l o% diffic)lt 5)estion of law (a& be the basis of 'ood faith. "0..a# cdasia ARTICLE 1$4.+ood faith is alwa&s p%es)(ed- and )pon hi( who alle'es bad faith on the pa%t of a possesso% %ests the b)%den of p%oof. "0.0# ARTICLE 1$8.Possession ac5)i%ed in 'ood faith does not lose this cha%acte% e/cept in the case and f%o( the (o(ent facts e/ist which show that the possesso% is not )nawa%e that he possesses the thin' i(p%ope%l& o% w%on'f)ll&. "0.1a# ARTICLE 1$:.It is p%es)(ed that possession contin)es to be en3o&ed in the sa(e cha%acte% in which it was ac5)i%ed- )ntil the cont%a%& is p%o!ed. "0.2# ARTICLE 1.;.*nl& thin's and %i'hts which a%e s)sceptible of bein' app%op%iated (a& be the ob3ect of possession. "0.4# CHAPTER $ Ac5)isition of Possession ARTICLE 1.1.Possession is ac5)i%ed b& the (ate%ial occ)pation of a thin' o% the e/e%cise of a %i'ht- o% b& the fact that it is s)b3ect to the action of o)% will- o% b& the p%ope% acts and le'al fo%(alities established fo% ac5)i%in' s)ch %i'ht. "0.8a# ARTICLE 1.$.Possession (a& be ac5)i%ed b& the sa(e pe%son who is to en3o& it- b& his le'al %ep%esentati!e- b& his a'ent- o% b& an& pe%son witho)t an& powe% whate!e%< b)t in the last case- the possession shall not be conside%ed as

ac5)i%ed )ntil the pe%son in whose na(e the act of possession was e/ec)ted has %atified the sa(e- witho)t p%e3)dice to the 3)%idical conse5)ences of ne'otio%)( 'estio in a p%ope% case. "0.:a# ARTICLE 1...The possession of he%edita%& p%ope%t& is dee(ed t%ans(itted to the hei% witho)t inte%%)ption and f%o( the (o(ent of the death of the decedent- in case the inhe%itance is accepted. cdtai *ne who !alidl& %eno)nces an inhe%itance is dee(ed ne!e% to ha!e possessed the sa(e. "00;# ARTICLE 1.0.*ne who s)cceeds b& he%edita%& title shall not s)ffe% the conse5)ences of the w%on'f)l possession of the decedent- if it is not shown that he was awa%e of the flaws affectin' it< b)t the effects of possession in 'ood faith shall not benefit hi( e/cept f%o( the date of death of the decedent. "00$#

ARTICLE 1.1.Mino%s and incapacitated pe%sons (a& ac5)i%e the possession of thin's< b)t the& need the assistance of thei% le'al %ep%esentati!es in o%de% to e/e%cise the %i'hts which f%o( the possession a%ise in thei% fa!o%. "00.# ARTICLE 1.2.In no case (a& possession be ac5)i%ed th%o)'h fo%ce o% inti(idation as lon' as the%e is a possesso% who ob3ects the%eto. He who belie!es that he has an action o% a %i'ht to dep%i!e anothe% of the holdin' of a thin'- ()st in!oke the aid of the co(petent co)%t- if the holde% sho)ld %ef)se to deli!e% the thin'. "001a# ARTICLE 1.4.Acts (e%el& tole%ated- and those e/ec)ted clandestinel& and witho)t the knowled'e of the possesso% of a thin'- o% b& !iolence- do not affect possession. "000# cd ARTICLE 1.8.Possession as a fact cannot be %eco'ni,ed at the sa(e ti(e in two diffe%ent pe%sonalities e/cept in the cases of co6possession. Aho)ld a 5)estion a%ise %e'a%din' the fact of possession- the p%esent possesso% shall be p%efe%%ed< if the%e a%e two possesso%s- the one lon'e% in possession< if the dates of the possession a%e the sa(e- the one who p%esents a title< and if all these conditions a%e e5)al- the thin' shall be placed in 3)dicial deposit pendin' dete%(ination of its possession o% owne%ship th%o)'h p%ope% p%oceedin's. "001# CHAPTER . Effects of Possession

ARTICLE 1.:.E!e%& possesso% has a %i'ht to be %espected in his possession< and sho)ld he be dist)%bed the%ein he shall be p%otected in o% %esto%ed to said possession b& the (eans established b& the laws and the R)les of Co)%t. A possesso% dep%i!ed of his possession th%o)'h fo%cible ent%& (a& within ten da&s f%o( the filin' of the co(plaint p%esent a (otion to sec)%e f%o( the co(petent co)%t- in the action fo% fo%cible ent%&- a w%it of p%eli(ina%& (andato%& in3)nction to %esto%e hi( in his possession. The co)%t shall decide the (otion within thi%t& ".;# da&s f%o( the filin' the%eof. "002a# ARTICLE 10;.*nl& the possession ac5)i%ed and en3o&ed in the concept of owne% can se%!e as a title fo% ac5)i%in' do(inion. "004# ARTICLE 101.A possesso% in the concept of owne% has in his fa!o% the le'al p%es)(ption that he possesses with a 3)st title and he cannot be obli'ed to show o% p%o!e it. "008a# ARTICLE 10$.The possession of %eal p%ope%t& p%es)(es that of the (o!ables the%ein- so lon' as it is not shown o% p%o!ed that the& sho)ld be e/cl)ded. "00:# ARTICLE 10..Each one of the pa%ticipants of a thin' possessed in co((on shall be dee(ed to ha!e e/cl)si!el& possessed the pa%t which (a& be allotted to hi( )pon the di!ision the%eof- fo% the enti%e pe%iod d)%in' which the co6possession lasted. Inte%%)ption in the possession of the whole o% a pa%t of a thin' possessed in co((on shall be to the p%e3)dice of all the possesso%s. Howe!e%- in case of ci!il inte%%)ption- the R)les of Co)%t shall appl&. "01;a# casia ARTICLE 100.A possesso% in 'ood faith is entitled to the f%)its %ecei!ed befo%e the possession is le'all& inte%%)pted. Nat)%al and ind)st%ial f%)its a%e conside%ed %ecei!ed f%o( the ti(e the& a%e 'athe%ed o% se!e%ed. Ci!il f%)its a%e dee(ed to acc%)e dail& and belon' to the possesso% in 'ood faith in that p%opo%tion. "011# ARTICLE 101.If at the ti(e the 'ood faith ceases- the%e sho)ld be an& nat)%al o% ind)st%ial f%)its- the possesso% shall ha!e a %i'ht to a pa%t of the e/penses of c)lti!ation- and to a pa%t of the net ha%!est- both in p%opo%tion to the ti(e of the possession. The cha%'es shall be di!ided on the sa(e basis b& the two possesso%s. The owne% of the thin' (a&- sho)ld he so desi%e- 'i!e the possesso% in 'ood faith the %i'ht to finish the c)lti!ation and 'athe%in' of the '%owin' f%)its- as an inde(nit& fo% his pa%t of the e/penses of c)lti!ation and the net p%oceeds< the

possesso% in 'ood faith who fo% an& %eason whate!e% sho)ld %ef)se to accept this concession- shall lose the %i'ht to be inde(nified in an& othe% (anne%. "01$a# ARTICLE 102.Necessa%& e/penses shall be %ef)nded to e!e%& possesso%< b)t onl& the possesso% in 'ood faith (a& %etain the thin' )ntil he has been %ei(b)%sed the%efo%. @sef)l e/penses shall be %ef)nded onl& to the possesso% in 'ood faith with the sa(e %i'ht of %etention- the pe%son who has defeated hi( in the possession ha!in' the option of %ef)ndin' the a(o)nt of the e/penses o% of pa&in' the inc%ease in !al)e which the thin' (a& ha!e ac5)i%ed b& %eason the%eof. "01.a# cdasia ARTICLE 104.If the )sef)l i(p%o!e(ents can be %e(o!ed witho)t da(a'e to the p%incipal thin'- the possesso% in 'ood faith (a& %e(o!e the(- )nless the pe%son who %eco!e%s the possession e/e%cises the option )nde% pa%a'%aph $ of the p%ecedin' a%ticle. "n# ARTICLE 108.E/penses fo% p)%e l)/)%& o% (e%e pleas)%e shall not be %ef)nded to the possesso% in 'ood faith< b)t he (a& %e(o!e the o%na(ents with which he has e(bellished the p%incipal thin' if it s)ffe%s no in3)%& the%eb&- and if his s)ccesso% in the possession does not p%efe% to %ef)nd the a(o)nt e/pended. "010# ARTICLE 10:.The possesso% in bad faith shall %ei(b)%se the f%)its %ecei!ed and those which the le'iti(ate possesso% co)ld ha!e %ecei!ed- and shall ha!e a %i'ht onl& to the e/penses (entioned in pa%a'%aph 1 of a%ticle 102 and in a%ticle 00.. The e/penses inc)%%ed in i(p%o!e(ents fo% p)%e l)/)%& o% (e%e pleas)%e shall not be %ef)nded to the possesso% in bad faith< b)t he (a& %e(o!e the ob3ects fo% which s)ch e/penses ha!e been inc)%%ed- p%o!ided that the thin' s)ffe%s no in3)%& the%eb&- and that the lawf)l possesso% does not p%efe% to %etain the( b& pa&in' the !al)e the& (a& ha!e at the ti(e he ente%s into possession. "011a# ARTICLE 11;.The costs of liti'ation o!e% the p%ope%t& shall be bo%ne b& e!e%& possesso%. "n# ARTICLE 111.I(p%o!e(ents ca)sed b& Nat)%e o% ti(e shall alwa&s in)%e to the benefit of the pe%son who has s)cceeded in %eco!e%in' possession. "012# ARTICLE 11$.A possesso% in 'ood faith shall not be liable fo% the dete%io%ation o% loss of the thin' possessed- e/cept in cases in which it is p%o!ed that he has acted with f%a)d)lent intent o% ne'li'ence- afte% the 3)dicial s)((ons. aisa dc A possesso% in bad faith shall be liable fo% dete%io%ation o% loss in e!e%& casee!en if ca)sed b& a fo%t)ito)s e!ent. "014a#

ARTICLE 11..*ne who %eco!e%s possession shall not be obli'ed to pa& fo% i(p%o!e(ents which ha!e ceased to e/ist at the ti(e he takes possession of the thin'. "018# ARTICLE 110.A p%esent possesso% who shows his possession at so(e p%e!io)s ti(e- is p%es)(ed to ha!e held possession also d)%in' the inte%(ediate pe%iod- in the absence of p%oof to the cont%a%&. "01:# ARTICLE 111.A possesso% (a& lose his possession> "1#C& the abandon(ent of the thin'< "$#C& an assi'n(ent (ade to anothe% eithe% b& one%o)s o% '%at)ito)s title< ".#C& the dest%)ction o% total loss of the thin'- o% beca)se it 'oes o)t of co((e%ce< "0#C& the possession of anothe%- s)b3ect to the p%o!isions of a%ticle 1.4- if the new possession has lasted lon'e% than one &ea%. C)t the %eal %i'ht of possession is not lost till afte% the lapse of ten &ea%s. "02;a# ARTICLE 112.The possession of (o!ables is not dee(ed lost so lon' as the& %e(ain )nde% the cont%ol of the possesso%- e!en tho)'h fo% the ti(e bein' he (a& not know thei% whe%eabo)ts. "021# casia ARTICLE 114.The possession of i((o!ables and of %eal %i'hts is not dee(ed lost- o% t%ansfe%%ed fo% p)%poses of p%esc%iption to the p%e3)dice of thi%d pe%sonse/cept in acco%dance with the p%o!isions of the Mo%t'a'e Law and the Land Re'ist%ation laws. "02$a# ARTICLE 118.Acts %elatin' to possession- e/ec)ted o% a'%eed to b& one who possesses a thin' belon'in' to anothe% as a (e%e holde% to en3o& o% keep it- in an& cha%acte%- do not bind o% p%e3)dice the owne%- )nless he 'a!e said holde% e/p%ess a)tho%it& to do s)ch acts- o% %atifies the( s)bse5)entl&. "02.# ARTICLE 11:.The possession of (o!able p%ope%t& ac5)i%ed in 'ood faith is e5)i!alent to a title. Ne!e%theless- one who has lost an& (o!able o% has been )nlawf)ll& dep%i!ed the%eof- (a& %eco!e% it f%o( the pe%son in possession of the sa(e. If the possesso% of a (o!able lost o% which the owne% has been )nlawf)ll& dep%i!ed- has ac5)i%ed it in 'ood faith at a p)blic sale- the owne% cannot obtain its %et)%n witho)t %ei(b)%sin' the p%ice paid the%efo%. "020a#

ARTICLE 12;.7ild ani(als a%e possessed onl& while the& a%e )nde% one=s cont%ol< do(esticated o% ta(ed ani(als a%e conside%ed do(estic o% ta(e- if the& %etain the habit of %et)%nin' to the p%e(ises of the possesso%. "021# ARTICLE 121.*ne who %eco!e%s- acco%din' to law- possession )n3)stl& lostshall be dee(ed fo% all p)%poses which (a& %edo)nd to his benefit- to ha!e en3o&ed it witho)t inte%%)ption. "022# TITLE ?I @s)f%)ct CHAPTER 1 @s)f%)ct in +ene%al ARTICLE 12$.@s)f%)ct 'i!es a %i'ht to en3o& the p%ope%t& of anothe% with the obli'ation of p%ese%!in' its fo%( and s)bstance- )nless the title constit)tin' it o% the law othe%wise p%o!ides. "024# cdt ARTICLE 12..@s)f%)ct is constit)ted b& law- b& the will of p%i!ate pe%sons e/p%essed in acts inte% !i!os o% in a last will and testa(ent- and b& p%esc%iption. "028# ARTICLE 120.@s)f%)ct (a& be constit)ted on the whole o% a pa%t of the f%)its of the thin'- in fa!o% of one o% (o%e pe%sons- si()ltaneo)sl& o% s)ccessi!el&- and in e!e%& case f%o( o% to a ce%tain da&- p)%el& o% conditionall&. It (a& also be constit)ted on a %i'ht- p%o!ided it is not st%ictl& pe%sonal o% int%ans(issible. "02:# ARTICLE 121.The %i'hts and obli'ations of the )s)f%)ct)a%& shall be those p%o!ided in the title constit)tin' the )s)f%)ct< in defa)lt of s)ch title- o% in case it is deficient- the p%o!isions contained in the two followin' Chapte%s shall be obse%!ed. "04;# CHAPTER $ Ri'hts of the @s)f%)ct)a%& ARTICLE 122.The )s)f%)ct)a%& shall be entitled to all the nat)%al- ind)st%ial and ci!il f%)its of the p%ope%t& in )s)f%)ct. 7ith %espect to hidden t%eas)%e which (a& be fo)nd on the land o% tene(ent- he shall be conside%ed a st%an'e%. "041# ARTICLE 124.Nat)%al o% ind)st%ial f%)its '%owin' at the ti(e the )s)f%)ct be'insbelon' to the )s)f%)ct)a%&. acd

Those '%owin' at the ti(e the )s)f%)ct te%(inates- belon' to the owne%. In the p%ecedin' cases- the )s)f%)ct)a%&- at the be'innin' of the )s)f%)ct- has no obli'ation to %ef)nd to the owne% an& e/penses inc)%%ed< b)t the owne% shall be obli'ed to %ei(b)%se at the te%(ination of the )s)f%)ct- f%o( the p%oceeds of the '%owin' f%)its- the o%dina%& e/penses of c)lti!ation- fo% seed- and othe% si(ila% e/penses inc)%%ed b& the )s)f%)ct)a%&. The p%o!isions of this a%ticle shall not p%e3)dice the %i'hts of thi%d pe%sonsac5)i%ed eithe% at the be'innin' o% at the te%(ination of the )s)f%)ct. "04$# ARTICLE 128.If the )s)f%)ct)a%& has leased the lands o% tene(ents 'i!en in )s)f%)ct- and the )s)f%)ct sho)ld e/pi%e befo%e the te%(ination of the lease- he o% his hei%s and s)ccesso%s shall %ecei!e onl& the p%opo%tionate sha%e of the %ent that ()st be paid b& the lessee. "04.# ARTICLE 12:.Ci!il f%)its a%e dee(ed to acc%)e dail&- and belon' to the )s)f%)ct)a%& in p%opo%tion to the ti(e the )s)f%)ct (a& last. "040# ARTICLE 14;.7hene!e% a )s)f%)ct is constit)ted on the %i'ht to %ecei!e a %ent o% pe%iodical pension- whethe% in (one& o% in f%)its- o% in the inte%est on bonds o% sec)%ities pa&able to bea%e%- each pa&(ent d)e shall be conside%ed as the p%oceeds o% f%)its of s)ch %i'ht. 7hene!e% it consists in the en3o&(ent of benefits acc%)in' f%o( a pa%ticipation in an& ind)st%ial o% co((e%cial ente%p%ise- the date of the dist%ib)tion of which is not fi/ed- s)ch benefits shall ha!e the sa(e cha%acte%. In eithe% case the& shall be dist%ib)ted as ci!il f%)its- and shall be applied in the (anne% p%esc%ibed in the p%ecedin' a%ticle. "041# cdasia ARTICLE 141.The )s)f%)ct)a%& shall ha!e the %i'ht to en3o& an& inc%ease which the thin' in )s)f%)ct (a& ac5)i%e th%o)'h accession- the se%!it)des established in its fa!o%- and- in 'ene%al- all the benefits inhe%ent the%ein. "04:# ARTICLE 14$.The )s)f%)ct)a%& (a& pe%sonall& en3o& the thin' in )s)f%)ct- lease it to anothe%- o% alienate his %i'ht of )s)f%)ct- e!en b& a '%at)ito)s title< b)t all the cont%acts he (a& ente% into as s)ch )s)f%)ct)a%& shall te%(inate )pon the e/pi%ation of the )s)f%)ct- sa!in' leases of %)%al lands- which shall be conside%ed as s)bsistin' d)%in' the a'%ic)lt)%al &ea%. "08;# ARTICLE 14..7hene!e% the )s)f%)ct incl)des thin's which- witho)t bein' cons)(ed- '%ad)all& dete%io%ate th%o)'h wea% and tea%- the )s)f%)ct)a%& shall ha!e the %i'ht to (ake )se the%eof in acco%dance with the p)%pose fo% which the& a%e intended- and shall not be obli'ed to %et)%n the( at the te%(ination of the

)s)f%)ct e/cept in thei% condition at that ti(e< b)t he shall be obli'ed to inde(nif& the owne% fo% an& dete%io%ation the& (a& ha!e s)ffe%ed b& %eason of his f%a)d o% ne'li'ence. "081# ARTICLE 140.7hene!e% the )s)f%)ct incl)des thin's which cannot be )sed witho)t bein' cons)(ed- the )s)f%)ct)a%& shall ha!e the %i'ht to (ake )se of the( )nde% the obli'ation of pa&in' thei% app%aised !al)e at the te%(ination of the )s)f%)ct- if the& we%e app%aised when deli!e%ed. In case the& we%e not app%aisedhe shall ha!e the %i'ht to %et)%n the sa(e 5)antit& and 5)alit&- o% pa& thei% c)%%ent p%ice at the ti(e the )s)f%)ct ceases. "08$# ARTICLE 141.The )s)f%)ct)a%& of f%)it6bea%in' t%ees and sh%)bs (a& (ake )se of the dead t%)nks- and e!en of those c)t off o% )p%ooted b& accident- )nde% the obli'ation to %eplace the( with new plants. "08.a# cd i ARTICLE 142.If in conse5)ence of a cala(it& o% e/t%ao%dina%& e!ent- the t%ees o% sh%)bs shall ha!e disappea%ed in s)ch conside%able n)(be% that it wo)ld not be possible o% it wo)ld be too b)%denso(e to %eplace the(- the )s)f%)ct)a%& (a& lea!e the dead- fallen o% )p%ooted t%)nks at the disposal of the owne%- and de(and that the latte% %e(o!e the( and clea% the land. "080a# ARTICLE 144.The )s)f%)ct)a%& of woodland (a& en3o& all the benefits which it (a& p%od)ce acco%din' to its nat)%e. If the woodland is a copse o% consists of ti(be% fo% b)ildin'- the )s)f%)ct)a%& (a& do s)ch o%dina%& c)ttin' o% fellin' as the owne% was in the habit of doin'- and in defa)lt of this- he (a& do so in acco%dance with the c)sto( of the place- as to the (anne%- a(o)nt and season. In an& case the fellin' o% c)ttin' of t%ees shall be (ade in s)ch (anne% as not to p%e3)dice the p%ese%!ation of the land. In n)%se%ies- the )s)f%)ct)a%& (a& (ake the necessa%& thinnin's in o%de% that the %e(ainin' t%ees (a& p%ope%l& '%ow. 7ith the e/ception of the p%o!isions of the p%ecedin' pa%a'%aphs- the )s)f%)ct)a%& cannot c)t down t%ees )nless it be to %esto%e o% i(p%o!e so(e of the thin's in )s)f%)ct- and in s)ch case he shall fi%st info%( the owne% of the necessit& fo% the wo%k. "081# ARTICLE 148.The )s)f%)ct)a%& of an action to %eco!e% %eal p%ope%t& o% a %eal %i'ht- o% an& (o!able p%ope%t&- has the %i'ht to b%in' the action and to obli'e the owne% the%eof to 'i!e hi( the a)tho%it& fo% this p)%pose and to f)%nish hi( whate!e% p%oof he (a& ha!e. If in conse5)ence of the enfo%ce(ent of the action he ac5)i%es the thin' clai(ed- the )s)f%)ct shall be li(ited to the f%)its- the do(inion %e(ainin' with the owne%. "082# cd

ARTICLE 14:.The )s)f%)ct)a%& (a& (ake on the p%ope%t& held in )s)f%)ct s)ch )sef)l i(p%o!e(ents o% e/penses fo% (e%e pleas)%e as he (a& dee( p%ope%p%o!ided he does not alte% its fo%( o% s)bstance< b)t he shall ha!e no %i'ht to be inde(nified the%efo%. He (a&- howe!e%- %e(o!e s)ch i(p%o!e(ents- sho)ld it be possible to do so witho)t da(a'e to the p%ope%t&. "084# ARTICLE 18;.The )s)f%)ct)a%& (a& set off the i(p%o!e(ents he (a& ha!e (ade on the p%ope%t& a'ainst an& da(a'e to the sa(e. "088# ARTICLE 181.The owne% of p%ope%t& the )s)f%)ct of which is held b& anothe%(a& alienate it- b)t he cannot alte% its fo%( o% s)bstance- o% do an&thin' the%eon which (a& be p%e3)dicial to the )s)f%)ct)a%&. "08:# ARTICLE 18$.The )s)f%)ct)a%& of a pa%t of a thin' held in co((on shall e/e%cise all the %i'hts pe%tainin' to the owne% the%eof with %espect to the ad(inist%ation and the collection of f%)its o% inte%est. Aho)ld the co6owne%ship cease b& %eason of the di!ision of the thin' held in co((on- the )s)f%)ct of the pa%t allotted to the co6owne% shall belon' to the )s)f%)ct)a%&. "0:;# CHAPTER . *bli'ations of the @s)f%)ct)a%& ARTICLE 18..The )s)f%)ct)a%&- befo%e ente%in' )pon the en3o&(ent of the p%ope%t&- is obli'ed> "1#To (ake- afte% notice to the owne% o% his le'iti(ate %ep%esentati!e- an in!ento%& of all the p%ope%t&- which shall contain an app%aisal of the (o!ables and a desc%iption of the condition of the i((o!ables< cdasia "$#To 'i!e sec)%it&- bindin' hi(self to f)lfill the obli'ations i(posed )pon hi( in acco%dance with this Chapte%. "0:1# ARTICLE 180.The p%o!isions of No. $ of the p%ecedin' a%ticle shall not appl& to the dono% who has %ese%!ed the )s)f%)ct of the p%ope%t& donated- o% to the pa%ents who a%e )s)f%)ct)a%ies of thei% child%en=s p%ope%t&- e/cept when the pa%ents cont%act a second (a%%ia'e. "0:$a# ARTICLE 181.The )s)f%)ct)a%&- whate!e% (a& be the title of the )s)f%)ct- (a& be e/c)sed f%o( the obli'ation of (akin' an in!ento%& o% of 'i!in' sec)%it&- when no one will be in3)%ed the%eb&. "0:.# ARTICLE 182.Aho)ld the )s)f%)ct)a%& fail to 'i!e sec)%it& in the cases in which he is bo)nd to 'i!e it- the owne% (a& de(and that the i((o!ables be placed )nde% ad(inist%ation- that the (o!ables be sold- that the p)blic bonds-

inst%)(ents of c%edit pa&able to o%de% o% to bea%e% be con!e%ted into %e'iste%ed ce%tificates o% deposited in a bank o% p)blic instit)tion- and that the capital o% s)(s in cash and the p%oceeds of the sale of the (o!able p%ope%t& be in!ested in safe sec)%ities. The inte%est on the p%oceeds of the sale of the (o!ables and that on p)blic sec)%ities and bonds- and the p%oceeds of the p%ope%t& placed )nde% ad(inist%ation- shall belon' to the )s)f%)ct)a%&. B)%the%(o%e- the owne% (a&- if he so p%efe%s- )ntil the )s)f%)ct)a%& 'i!es sec)%it& o% is e/c)sed f%o( so doin'- %etain in his possession the p%ope%t& in )s)f%)ct as ad(inist%ato%- s)b3ect to the obli'ation to deli!e% to the )s)f%)ct)a%& the net p%oceeds the%eof- afte% ded)ctin' the s)(s which (a& be a'%eed )pon o% 3)diciall& allowed hi( fo% s)ch ad(inist%ation. "0:0# cdtai ARTICLE 184.If the )s)f%)ct)a%& who has not 'i!en sec)%it& clai(s- b& !i%t)e of a p%o(ise )nde% oath- the deli!e%& of the f)%nit)%e necessa%& fo% his )se- and that he and his fa(il& be allowed to li!e in a ho)se incl)ded in the )s)f%)ct- the co)%t (a& '%ant this petition- afte% d)e conside%ation of the facts of the case. The sa(e %)le shall be obse%!ed with %espect to i(ple(ents- tools and othe% (o!able p%ope%t& necessa%& fo% an ind)st%& o% !ocation in which he is en'a'ed. If the owne% does not wish that ce%tain a%ticles be sold beca)se of thei% a%tistic wo%th o% beca)se the& ha!e a senti(ental !al)e- he (a& de(and thei% deli!e%& to hi( )pon his 'i!in' sec)%it& fo% the pa&(ent of the le'al inte%est on thei% app%aised !al)e. "0:1# ARTICLE 188. Afte% the sec)%it& has been 'i!en b& the )s)f%)ct)a%&- he shall ha!e a %i'ht to all the p%oceeds and benefits f%o( the da& on which- in acco%dance with the title constit)tin' the )s)f%)ct- he sho)ld ha!e co((enced to %ecei!e the(. "0:2# ARTICLE 18:.The )s)f%)ct)a%& shall take ca%e of the thin's 'i!en in )s)f%)ct as a 'ood fathe% of a fa(il&. "0:4# ARTICLE 1:;.A )s)f%)ct)a%& who alienates o% leases his %i'ht of )s)f%)ct shall answe% fo% an& da(a'e which the thin's in )s)f%)ct (a& s)ffe% th%o)'h the fa)lt o% ne'li'ence of the pe%son who s)bstit)tes hi(. "0:8# ARTICLE 1:1.If the )s)f%)ct be constit)ted on a flock o% he%d of li!estock- the )s)f%)ct)a%& shall be obli'ed to %eplace with the &o)n' the%eof the ani(als that die each &ea% f%o( nat)%al ca)ses- o% a%e lost d)e to the %apacit& of beasts of p%e&.

If the ani(als on which the )s)f%)ct is constit)ted sho)ld all pe%ish- witho)t the fa)lt of the )s)f%)ct)a%&- on acco)nt of so(e conta'io)s disease o% an& othe% )nco((on e!ent- the )s)f%)ct)a%& shall f)lfill his obli'ation b& deli!e%in' to the owne% the %e(ains which (a& ha!e been sa!ed f%o( the (isfo%t)ne. acd

Aho)ld the he%d o% flock pe%ish in pa%t- also b& accident and witho)t the fa)lt of the )s)f%)ct)a%&- the )s)f%)ct shall contin)e on the pa%t sa!ed. Aho)ld the )s)f%)ct be on ste%ile ani(als- it shall be conside%ed- with %espect to its effects- as tho)'h constit)ted on f)n'ible thin's. "0::a# ARTICLE 1:$.The )s)f%)ct)a%& is obli'ed to (ake the o%dina%& %epai%s needed b& the thin' 'i!en in )s)f%)ct. C& o%dina%& %epai%s a%e )nde%stood s)ch as a%e %e5)i%ed b& the wea% and tea% d)e to the nat)%al )se of the thin' and a%e indispensable fo% its p%ese%!ation. Aho)ld the )s)f%)ct)a%& fail to (ake the( afte% de(and b& the owne%- the latte% (a& (ake the( at the e/pense of the )s)f%)ct)a%&. "1;;# ARTICLE 1:..E/t%ao%dina%& %epai%s shall be at the e/pense of the owne%. The )s)f%)ct)a%& is obli'ed to notif& the owne% when the need fo% s)ch %epai%s is )%'ent. "1;1# ARTICLE 1:0.If the owne% sho)ld (ake the e/t%ao%dina%& %epai%s- he shall ha!e a %i'ht to de(and of the )s)f%)ct)a%& the le'al inte%est on the a(o)nt e/pended fo% the ti(e that the )s)f%)ct lasts. Aho)ld he not (ake the( when the& a%e indispensable fo% the p%ese%!ation of the thin'- the )s)f%)ct)a%& (a& (ake the(< b)t he shall ha!e a %i'ht to de(and of the owne%- at the te%(ination of the )s)f%)ct- the inc%ease in !al)e which the i((o!able (a& ha!e ac5)i%ed b& %eason of the %epai%s. "1;$a# cdt ARTICLE 1:1.The owne% (a& const%)ct an& wo%ks and (ake an& i(p%o!e(ents of which the i((o!able in )s)f%)ct is s)sceptible- o% (ake new plantin's the%eon if it be %)%al- p%o!ided that s)ch acts do not ca)se a di(in)tion in the !al)e of the )s)f%)ct o% p%e3)dice the %i'ht of the )s)f%)ct)a%&. "1;.# ARTICLE 1:2.The pa&(ent of ann)al cha%'es and ta/es and of those conside%ed as a lien on the f%)its- shall be at the e/pense of the )s)f%)ct)a%& fo% all the ti(e that the )s)f%)ct lasts. "1;0# ARTICLE 1:4.The ta/es which- d)%in' the )s)f%)ct- (a& be i(posed di%ectl& on the capital- shall be at the e/pense of the owne%.

If the latte% has paid the(- the )s)f%)ct)a%& shall pa& hi( the p%ope% inte%est on the s)(s which (a& ha!e been paid in that cha%acte%< and- if the said s)(s ha!e been ad!anced b& the )s)f%)ct)a%&- he shall %eco!e% the a(o)nt the%eof at the te%(ination of the )s)f%)ct. "1;1# ARTICLE 1:8.If the )s)f%)ct be constit)ted on the whole of a pat%i(on&- and if at the ti(e of its constit)tion the owne% has debts- the p%o!isions of a%ticles 418 and 41: %elatin' to donations shall be applied- both with %espect to the (aintenance of the )s)f%)ct and to the obli'ation of the )s)f%)ct)a%& to pa& s)ch debts. The sa(e %)le shall be applied in case the owne% is obli'ed- at the ti(e the )s)f%)ct is constit)ted- to (ake pe%iodical pa&(ents- e!en if the%e sho)ld be no known capital. "1;2# ARTICLE 1::.The )s)f%)ct)a%& (a& clai( an& (at)%ed c%edits which fo%( a pa%t of the )s)f%)ct if he has 'i!en o% 'i!es the p%ope% sec)%it&. If he has been e/c)sed f%o( 'i!in' sec)%it& o% has not been able to 'i!e it- o% if that 'i!en is not s)fficient- he shall need the a)tho%i,ation of the owne%- o% of the co)%t in defa)lt the%eof- to collect s)ch c%edits. The )s)f%)ct)a%& who has 'i!en sec)%it& (a& )se the capital he has collected in an& (anne% he (a& dee( p%ope%. The )s)f%)ct)a%& who has not 'i!en sec)%it& shall in!est the said capital at inte%est )pon a'%ee(ent with the owne%< in defa)lt of s)ch a'%ee(ent- with 3)dicial a)tho%i,ation< and- in e!e%& case- with sec)%it& s)fficient to p%ese%!e the inte'%it& of the capital in )s)f%)ct. "1;4# cdt ARTICLE 2;;.The )s)f%)ct)a%& of a (o%t'a'ed i((o!able shall not be obli'ed to pa& the debt fo% the sec)%it& of which the (o%t'a'e was constit)ted. Aho)ld the i((o!able be attached o% sold 3)diciall& fo% the pa&(ent of the debtthe owne% shall be liable to the )s)f%)ct)a%& fo% whate!e% the latte% (a& lose b& %eason the%eof. "1;:# ARTICLE 2;1.The )s)f%)ct)a%& shall be obli'ed to notif& the owne% of an& act of a thi%d pe%son- of which he (a& ha!e knowled'e- that (a& be p%e3)dicial to the %i'hts of owne%ship- and he shall be liable sho)ld he not do so- fo% da(a'es- as if the& had been ca)sed th%o)'h his own fa)lt. "111# ARTICLE 2;$.The e/penses- costs and liabilities in s)its b%o)'ht with %e'a%d to the )s)f%)ct shall be bo%ne b& the )s)f%)ct)a%&. "11$# CHAPTER 0 E/tin')ish(ent of @s)f%)ct ARTICLE 2;..@s)f%)ct is e/tin')ished>

"1#C& the death of the )s)f%)ct)a%&- )nless a cont%a%& intention clea%l& appea%s< acd "$#C& the e/pi%ation of the pe%iod fo% which it was constit)ted- o% b& the f)lfill(ent of an& %esol)to%& condition p%o!ided in the title c%eatin' the )s)f%)ct< ".#C& (e%'e% of the )s)f%)ct and owne%ship in the sa(e pe%son< "0#C& %en)nciation of the )s)f%)ct)a%&< "1#C& the total loss of the thin' in )s)f%)ct< "2#C& the te%(ination of the %i'ht of the pe%son constit)tin' the )s)f%)ct< "4#C& p%esc%iption. "11.a# ARTICLE 2;0.If the thin' 'i!en in )s)f%)ct sho)ld be lost onl& in pa%t- the %i'ht shall contin)e on the %e(ainin' pa%t. "110# ARTICLE 2;1.@s)f%)ct cannot be constit)ted in fa!o% of a town- co%po%ation- o% association fo% (o%e than fift& &ea%s. If it has been constit)ted- and befo%e the e/pi%ation of s)ch pe%iod the town is abandoned- o% the co%po%ation o% association is dissol!ed- the )s)f%)ct shall be e/tin')ished b& %eason the%eof. "111a# ARTICLE 2;2.A )s)f%)ct '%anted fo% the ti(e that (a& elapse befo%e a thi%d pe%son attains a ce%tain a'e- shall s)bsist fo% the n)(be% of &ea%s specified- e!en if the thi%d pe%son sho)ld die befo%e the pe%iod e/pi%es- )nless s)ch )s)f%)ct has been e/p%essl& '%anted onl& in conside%ation of the e/istence of s)ch pe%son. "112# ARTICLE 2;4.If the )s)f%)ct is constit)ted on i((o!able p%ope%t& of which a b)ildin' fo%(s pa%t- and the latte% sho)ld be dest%o&ed in an& (anne% whatsoe!e%- the )s)f%)ct)a%& shall ha!e a %i'ht to (ake )se of the land and the (ate%ials. cdt The sa(e %)le shall be applied if the )s)f%)ct is constit)ted on a b)ildin' onl& and the sa(e sho)ld be dest%o&ed. C)t in s)ch a case- if the owne% sho)ld wish to const%)ct anothe% b)ildin'- he shall ha!e a %i'ht to occ)p& the land and to (ake )se of the (ate%ials- bein' obli'ed to pa& to the )s)f%)ct)a%&- d)%in' the contin)ance of the )s)f%)ct- the inte%est )pon the s)( e5)i!alent to the !al)e of the land and of the (ate%ials. "114# ARTICLE 2;8.If the )s)f%)ct)a%& sha%es with the owne% the ins)%ance of the tene(ent 'i!en in )s)f%)ct- the fo%(e% shall- in case of loss- contin)e in the

en3o&(ent of the new b)ildin'- sho)ld one be const%)cted- o% shall %ecei!e the inte%est on the ins)%ance inde(nit& if the owne% does not wish to %eb)ild. Aho)ld the )s)f%)ct)a%& ha!e %ef)sed to cont%ib)te to the ins)%ance- the owne% ins)%in' the tene(ent alone- the latte% shall %ecei!e the f)ll a(o)nt of the ins)%ance inde(nit& in case of loss- sa!in' alwa&s the %i'ht '%anted to the )s)f%)ct)a%& in the p%ecedin' a%ticle. "118a# ARTICLE 2;:.Aho)ld the thin' in )s)f%)ct be e/p%op%iated fo% p)blic )se- the owne% shall be obli'ed eithe% to %eplace it with anothe% thin' of the sa(e !al)e and of si(ila% conditions- o% to pa& the )s)f%)ct)a%& the le'al inte%est on the a(o)nt of the inde(nit& fo% the whole pe%iod of the )s)f%)ct. If the owne% chooses the latte% alte%nati!e- he shall 'i!e sec)%it& fo% the pa&(ent of the inte%est. "11:# ARTICLE 21;.A )s)f%)ct is not e/tin')ished b& bad )se of the thin' in )s)f%)ct< b)t if the ab)se sho)ld ca)se conside%able in3)%& to the owne%- the latte% (a& de(and that the thin' be deli!e%ed to hi(- bindin' hi(self to pa& ann)all& to the )s)f%)ct)a%& the net p%oceeds of the sa(e- afte% ded)ctin' the e/penses and the co(pensation which (a& be allowed hi( fo% its ad(inist%ation. "1$;# casia ARTICLE 211.A )s)f%)ct constit)ted in fa!o% of se!e%al pe%sons li!in' at the ti(e of its constit)tion shall not be e/tin')ished )ntil the death of the last s)%!i!o%. "1$1# ARTICLE 21$.@pon the te%(ination of the )s)f%)ct- the thin' in )s)f%)ct shall be deli!e%ed to the owne%- witho)t p%e3)dice to the %i'ht of %etention pe%tainin' to the )s)f%)ct)a%& o% his hei%s fo% ta/es and e/t%ao%dina%& e/penses which sho)ld be %ei(b)%sed. Afte% the deli!e%& has been (ade- the sec)%it& o% (o%t'a'e shall be cancelled. "1$$a# TITLE ?II Ease(ents o% Ae%!it)des CHAPTER 1 Ease(ents in +ene%al AECTI*N 1 Eiffe%ent Dinds of Ease(ents ARTICLE 21..An ease(ent o% se%!it)de is an enc)(b%ance i(posed )pon an i((o!able fo% the benefit of anothe% i((o!able belon'in' to a diffe%ent owne%.

The i((o!able in fa!o% of which the ease(ent is established is called the do(inant estate< that which is s)b3ect the%eto- the se%!ient estate. "1.;# ARTICLE 210.Ae%!it)des (a& also be established fo% the benefit of a co(()nit&o% of one o% (o%e pe%sons to who( the enc)(be%ed estate does not belon'. "1.1# ARTICLE 211.Ease(ents (a& be contin)o)s o% discontin)o)s- appa%ent o% nonappa%ent. cda Contin)o)s ease(ents a%e those the )se of which is o% (a& be incessantwitho)t the inte%!ention of an& act of (an. Eiscontin)o)s ease(ents a%e those which a%e )sed at inte%!als and depend )pon the acts of (an. Appa%ent ease(ents a%e those which a%e (ade known and a%e contin)all& kept in !iew b& e/te%nal si'ns that %e!eal the )se and en3o&(ent of the sa(e. Nonappa%ent ease(ents a%e those which show no e/te%nal indication of thei% e/istence. "1.$# ARTICLE 212.Ease(ents a%e also positi!e o% ne'ati!e. A positi!e ease(ent is one which i(poses )pon the owne% of the se%!ient estate the obli'ation of allowin' so(ethin' to be done o% of doin' it hi(self- and a ne'ati!e ease(ent- that which p%ohibits the owne% of the se%!ient estate f%o( doin' so(ethin' which he co)ld lawf)ll& do if the ease(ent did not e/ist. "1..# ARTICLE 214.Ease(ents a%e insepa%able f%o( the estate to which the& acti!el& o% passi!el& belon'. "1.0# ARTICLE 218.Ease(ents a%e indi!isible. If the se%!ient estate is di!ided between two o% (o%e pe%sons- the ease(ent is not (odified- and each of the( ()st bea% it on the pa%t which co%%esponds to hi(.

If it is the do(inant estate that is di!ided between two o% (o%e pe%sons- each of the( (a& )se the ease(ent in its enti%et&- witho)t chan'in' the place of its )seo% (akin' it (o%e b)%denso(e in an& othe% wa&. "1.1# cd i ARTICLE 21:.Ease(ents a%e established eithe% b& law o% b& the will of the owne%s. The fo%(e% a%e called le'al and the latte% !ol)nta%& ease(ents. "1.2# AECTI*N $

Modes of Ac5)i%in' Ease(ents ARTICLE 2$;.Contin)o)s and appa%ent ease(ents a%e ac5)i%ed eithe% b& !i%t)e of a title o% b& p%esc%iption of ten &ea%s. "1.4a# ARTICLE 2$1.In o%de% to ac5)i%e b& p%esc%iption the ease(ents %efe%%ed to in the p%ecedin' a%ticle- the ti(e of possession shall be co(p)ted th)s> in positi!e ease(ents- f%o( the da& on which the owne% of the do(inant estate- o% the pe%son who (a& ha!e (ade )se of the ease(ent- co((enced to e/e%cise it )pon the se%!ient estate< and in ne'ati!e ease(ents- f%o( the da& on which the owne% of the do(inant estate fo%bade- b& an inst%)(ent acknowled'ed befo%e a nota%& p)blic- the owne% of the se%!ient estate- f%o( e/ec)tin' an act which wo)ld be lawf)l witho)t the ease(ent. "1.8a# ARTICLE 2$$.Contin)o)s nonappa%ent ease(ents- and discontin)o)s oneswhethe% appa%ent o% not- (a& be ac5)i%ed onl& b& !i%t)e of a title. "1.:# ARTICLE 2$..The absence of a doc)(ent o% p%oof showin' the o%i'in of an ease(ent which cannot be ac5)i%ed b& p%esc%iption (a& be c)%ed b& a deed of %eco'nition b& the owne% of the se%!ient estate o% b& a final 3)d'(ent. "10;a# ARTICLE 2$0.The e/istence of an appa%ent si'n of ease(ent between two estates- established o% (aintained b& the owne% of both- shall be conside%edsho)ld eithe% of the( be alienated- as a title in o%de% that the ease(ent (a& contin)e acti!el& and passi!el&- )nless- at the ti(e the owne%ship of the two estates is di!ided- the cont%a%& sho)ld be p%o!ided in the title of con!e&ance of eithe% of the(- o% the si'n afo%esaid sho)ld be %e(o!ed befo%e the e/ec)tion of the deed. This p%o!ision shall also appl& in case of the di!ision of a thin' owned in co((on b& two o% (o%e pe%sons. "101a# casia ARTICLE 2$1.@pon the establish(ent of an ease(ent- all the %i'hts necessa%& fo% its )se a%e conside%ed '%anted. "10$# ARTICLE 2$2.The owne% of the do(inant estate cannot )se the ease(ent e/cept fo% the benefit of the i((o!able o%i'inall& conte(plated. Neithe% can he e/e%cise the ease(ent in an& othe% (anne% than that p%e!io)sl& established. "n# AECTI*N . Ri'hts and *bli'ations of the *wne%s of the Eo(inant and Ae%!ient Estates ARTICLE 2$4.The owne% of the do(inant estate (a& (ake- at his own e/penseon the se%!ient estate an& wo%ks necessa%& fo% the )se and p%ese%!ation of the se%!it)de- b)t witho)t alte%in' it o% %ende%in' it (o%e b)%denso(e.

Bo% this p)%pose he shall notif& the owne% of the se%!ient estate- and shall choose the (ost con!enient ti(e and (anne% so as to ca)se the least incon!enience to the owne% of the se%!ient estate. "10.a# ARTICLE 2$8.Aho)ld the%e be se!e%al do(inant estates- the owne%s of all of the( shall be obli'ed to cont%ib)te to the e/penses %efe%%ed to in the p%ecedin' a%ticle- in p%opo%tion to the benefits which each (a& de%i!e f%o( the wo%k. An& one who does not wish to cont%ib)te (a& e/e(pt hi(self b& %eno)ncin' the ease(ent fo% the benefit of the othe%s. If the owne% of the se%!ient estate sho)ld (ake )se of the ease(ent in an& (anne% whatsoe!e%- he shall also be obli'ed to cont%ib)te to the e/penses in the p%opo%tion stated- sa!in' an a'%ee(ent to the cont%a%&. "100# cd ARTICLE 2$:.The owne% of the se%!ient estate cannot i(pai%- in an& (anne% whatsoe!e%- the )se of the se%!it)de. Ne!e%theless- if b& %eason of the place o%i'inall& assi'ned- o% of the (anne% established fo% the )se of the ease(ent- the sa(e sho)ld beco(e !e%& incon!enient to the owne% of the se%!ient estate- o% sho)ld p%e!ent hi( f%o( (akin' an& i(po%tant wo%ks- %epai%s o% i(p%o!e(ents the%eon- it (a& be chan'ed at his e/pense- p%o!ided he offe%s anothe% place o% (anne% e5)all& con!enient and in s)ch a wa& that no in3)%& is ca)sed the%eb& to the owne% of the do(inant estate o% to those who (a& ha!e a %i'ht to the )se of the ease(ent. "101# ARTICLE 2.;.The owne% of the se%!ient estate %etains the owne%ship of the po%tion on which the ease(ent is established- and (a& )se the sa(e in s)ch a (anne% as not to affect the e/e%cise of the ease(ent. "n# AECTI*N 0 Modes of E/tin')ish(ent of Ease(ents ARTICLE 2.1.Ease(ents a%e e/tin')ished> "1#C& (e%'e% in the sa(e pe%son of the owne%ship of the do(inant and se%!ient estates< "$#C& non)se% fo% ten &ea%s< with %espect to discontin)o)s ease(ents- this pe%iod shall be co(p)ted f%o( the da& on which the& ceased to be )sed< and- with %espect to contin)o)s ease(ents- f%o( the da& on which an act cont%a%& to the sa(e took place< ".#7hen eithe% o% both of the estates fall into s)ch condition that the ease(ent cannot be )sed< b)t it shall %e!i!e if the s)bse5)ent condition of the estates o%

eithe% of the( sho)ld a'ain pe%(it its )se- )nless when the )se beco(es possible- s)fficient ti(e fo% p%esc%iption has elapsed- in acco%dance with the p%o!isions of the p%ecedin' n)(be%< cd "0#C& the e/pi%ation of the te%( o% the f)lfill(ent of the condition- if the ease(ent is te(po%a%& o% conditional< "1#C& the %en)nciation of the owne% of the do(inant estate< "2#C& the %ede(ption a'%eed )pon between the owne%s of the do(inant and se%!ient estates. "102a# ARTICLE 2.$. The fo%( o% (anne% of )sin' the ease(ent (a& p%esc%ibe as the ease(ent itself- and in the sa(e wa&. "104a# ARTICLE 2...If the do(inant estate belon's to se!e%al pe%sons in co((on- the )se of the ease(ent b& an& one of the( p%e!ents p%esc%iption with %espect to the othe%s. "108# CHAPTER $ Le'al Ease(ents AECTI*N 1 +ene%al P%o!isions ARTICLE 2.0.Ease(ents i(posed b& law ha!e fo% thei% ob3ect eithe% p)blic )se o% the inte%est of p%i!ate pe%sons. "10:# acd ARTICLE 2.1.All (atte%s conce%nin' ease(ents established fo% p)blic o% co(()nal )se shall be 'o!e%ned b& the special laws and %e')lations %elatin' the%eto- and- in the absence the%eof- b& the p%o!isions of this Title. "11;# ARTICLE 2.2.Ease(ents established b& law in the inte%est of p%i!ate pe%sons o% fo% p%i!ate )se shall be 'o!e%ned b& the p%o!isions of this Title- witho)t p%e3)dice to the p%o!isions of 'ene%al o% local laws and o%dinances fo% the 'ene%al welfa%e. These ease(ents (a& be (odified b& a'%ee(ent of the inte%ested pa%tieswhene!e% the law does not p%ohibit it o% no in3)%& is s)ffe%ed b& a thi%d pe%son. "111a# AECTI*N $ Ease(ents Relatin' to 7ate%s

ARTICLE 2.4.Lowe% estates a%e obli'ed to %ecei!e the wate%s which nat)%all& and witho)t the inte%!ention of (an descend f%o( the hi'he% estates- as well as the stones o% ea%th which the& ca%%& with the(. The owne% of the lowe% estate cannot const%)ct wo%ks which will i(pede this ease(ent< neithe% can the owne% of the hi'he% estate (ake wo%ks which will inc%ease the b)%den. "11$# ARTICLE 2.8.The banks of %i!e%s and st%ea(s- e!en in case the& a%e of p%i!ate owne%ship- a%e s)b3ect th%o)'ho)t thei% enti%e len'th and within a ,one of th%ee (ete%s alon' thei% (a%'ins- to the ease(ent of p)blic )se in the 'ene%al inte%est of na!i'ation- floata'e- fishin' and sal!a'e. cd i Estates ad3oinin' the banks of na!i'able o% floatable %i!e%s a%e- f)%the%(o%es)b3ect to the ease(ent of towpath fo% the e/cl)si!e se%!ice of %i!e% na!i'ation and floata'e. If it be necessa%& fo% s)ch p)%pose to occ)p& lands of p%i!ate owne%ship- the p%ope% inde(nit& shall fi%st be paid. "11.a# ARTICLE 2.:.7hene!e% fo% the di!e%sion o% takin' of wate% f%o( a %i!e% o% b%ooko% fo% the )se of an& othe% contin)o)s o% discontin)o)s st%ea(- it sho)ld be necessa%& to b)ild a da(- and the pe%son who is to const%)ct it is not the owne% of the banks- o% lands which ()st s)ppo%t it- he (a& establish the ease(ent of ab)t(ent of a da(- afte% pa&(ent of the p%ope% inde(nit&. "110# ARTICLE 20;.Co(p)lso%& ease(ents fo% d%awin' wate% o% fo% wate%in' ani(als can be i(posed onl& fo% %easons of p)blic )se in fa!o% of a town o% !illa'e- afte% pa&(ent of the p%ope% inde(nit&. "111# cdtai ARTICLE 201.Ease(ents fo% d%awin' wate% and fo% wate%in' ani(als ca%%& with the( the obli'ation of the owne%s of the se%!ient estates to allow passa'e to pe%sons and ani(als to the place whe%e s)ch ease(ents a%e to be )sed- and the inde(nit& shall incl)de this se%!ice. "112# ARTICLE 20$.An& pe%son who (a& wish to )se )pon his own estate an& wate% of which he can dispose shall ha!e the %i'ht to (ake it flow th%o)'h the inte%!enin' estates- with the obli'ation to inde(nif& thei% owne%s- as well as the owne%s of the lowe% estates )pon which the wate%s (a& filte% o% descend. "114# ARTICLE 20..*ne desi%in' to (ake )se of the %i'ht '%anted in the p%ecedin' a%ticle is obli'ed> "1#To p%o!e that he can dispose of the wate% and that it is s)fficient fo% the )se fo% which it is intended< cd i

"$#To show that the p%oposed %i'ht of wa& is the (ost con!enient and the least one%o)s to thi%d pe%sons< ".#To inde(nif& the owne% of the se%!ient estate in the (anne% dete%(ined b& the laws and %e')lations. "118# ARTICLE 200.The ease(ent of a5)ed)ct fo% p%i!ate inte%est cannot be i(posed on b)ildin's- co)%t&a%ds- anne/es- o% o)tho)ses- o% on o%cha%ds o% 'a%dens al%ead& e/istin'. "11:# ARTICLE 201.The ease(ent of a5)ed)ct does not p%e!ent the owne% of the se%!ient estate f%o( closin' o% fencin' it- o% f%o( b)ildin' o!e% the a5)ed)ct in s)ch (anne% as not to ca)se the latte% an& da(a'e- o% %ende% necessa%& %epai%s and cleanin's i(possible. "12;# cda ARTICLE 202.Bo% le'al p)%poses- the ease(ent of a5)ed)ct shall be conside%ed as contin)o)s and appa%ent- e!en tho)'h the flow of the wate% (a& not be contin)o)s- o% its )se depends )pon the needs of the do(inant estate- o% )pon a sched)le of alte%nate da&s o% ho)%s. "121# ARTICLE 204.*ne who fo% the p)%pose of i%%i'atin' o% i(p%o!in' his estate- has to const%)ct a stop lock o% sl)ice 'ate in the bed of the st%ea( f%o( which the wate% is to be taken- (a& de(and that the owne%s of the banks pe%(it its const%)ction- afte% pa&(ent of da(a'es- incl)din' those ca)sed b& the new ease(ent to s)ch owne%s and to the othe% i%%i'ato%s. "12$#

ARTICLE 208.The establish(ent- e/tent- fo%( and conditions of the se%!it)des of wate%s- to which this section %efe%s- shall be 'o!e%ned b& the special laws %elatin' the%eto insofa% as no p%o!ision the%efo% is (ade in this Code. "12.a# AECTI*N . Ease(ent of Ri'ht of 7a& ARTICLE 20:.The owne%- o% an& pe%son who b& !i%t)e of a %eal %i'ht (a& c)lti!ate o% )se an& i((o!able- which is s)%%o)nded b& othe% i((o!ables pe%tainin' to othe% pe%sons and witho)t ade5)ate o)tlet to a p)blic hi'hwa&- is entitled to de(and a %i'ht of wa& th%o)'h the nei'hbo%in' estates- afte% pa&(ent of the p%ope% inde(nit&. Aho)ld this ease(ent be established in s)ch a (anne% that its )se (a& be contin)o)s fo% all the needs of the do(inant estate- establishin' a pe%(anent passa'e- the inde(nit& shall consist of the !al)e of the land occ)pied and the a(o)nt of the da(a'e ca)sed to the se%!ient estate.

In case the %i'ht of wa& is li(ited to the necessa%& passa'e fo% the c)lti!ation of the estate s)%%o)nded b& othe%s and fo% the 'athe%in' of its c%ops th%o)'h the se%!ient estate witho)t a pe%(anent wa&- the inde(nit& shall consist in the pa&(ent of the da(a'e ca)sed b& s)ch enc)(b%ance. acd This ease(ent is not co(p)lso%& if the isolation of the i((o!able is d)e to the p%op%ieto%=s own acts. "120a# ARTICLE 21;.The ease(ent of %i'ht of wa& shall be established at the point least p%e3)dicial to the se%!ient estate- and- insofa% as consistent with this %)lewhe%e the distance f%o( the do(inant estate to a p)blic hi'hwa& (a& be the sho%test. "121# ARTICLE 211.The width of the ease(ent of %i'ht of wa& shall be that which is s)fficient fo% the needs of the do(inant estate- and (a& acco%din'l& be chan'ed f%o( ti(e to ti(e. "122a# ARTICLE 21$.7hene!e% a piece of land ac5)i%ed b& sale- e/chan'e o% pa%titionis s)%%o)nded b& othe% estates of the !endo%- e/chan'e%- o% co6owne%- he shall be obli'ed to '%ant a %i'ht of wa& witho)t inde(nit&. In case of a si(ple donation- the dono% shall be inde(nified b& the donee fo% the establish(ent of the %i'ht of wa&. "124a# ARTICLE 21..In the case of the p%ecedin' a%ticle- if it is the land of the '%anto% that beco(es isolated- he (a& de(and a %i'ht of wa& afte% pa&in' an inde(nit&. Howe!e%- the dono% shall not be liable fo% inde(nit&. "n# ARTICLE 210.If the %i'ht of wa& is pe%(anent- the necessa%& %epai%s shall be (ade b& the owne% of the do(inant estate. A p%opo%tionate sha%e of the ta/es shall be %ei(b)%sed b& said owne% to the p%op%ieto% of the se%!ient estate. "n# cdasia ARTICLE 211.If the %i'ht of wa& '%anted to a s)%%o)nded estate ceases to be necessa%& beca)se its owne% has 3oined it to anothe% ab)ttin' on a p)blic %oadthe owne% of the se%!ient estate (a& de(and that the ease(ent be e/tin')ished%et)%nin' what he (a& ha!e %ecei!ed b& wa& of inde(nit&. The inte%est on the inde(nit& shall be dee(ed to be in pa&(ent of %ent fo% the )se of the ease(ent. The sa(e %)le shall be applied in case a new %oad is opened 'i!in' access to the isolated estate. In both cases- the p)blic hi'hwa& ()st s)bstantiall& (eet the needs of the do(inant estate in o%de% that the ease(ent (a& be e/tin')ished. "128a#

ARTICLE 212.If it be indispensable fo% the const%)ction- %epai%- i(p%o!e(entalte%ation o% bea)tification of a b)ildin'- to ca%%& (ate%ials th%o)'h the estate of anothe%- o% to %aise the%ein scaffoldin' o% othe% ob3ects necessa%& fo% the wo%kthe owne% of s)ch estate shall be obli'ed to pe%(it the act- afte% %ecei!in' pa&(ent of the p%ope% inde(nit& fo% the da(a'e ca)sed hi(. "12:a# cdasia ARTICLE 214.Ease(ents of the %i'ht of wa& fo% the passa'e of li!estock known as ani(al path- ani(al t%ail o% an& othe%- and those fo% wate%in' places- %estin' places and ani(al folds- shall be 'o!e%ned b& the o%dinances and %e')lations %elatin' the%eto- and- in the absence the%eof- b& the )sa'es and c)sto(s of the place. 7itho)t p%e3)dice to %i'hts le'all& ac5)i%ed- the ani(al path shall not e/ceed in an& case the width of 41 (ete%s- and the ani(al t%ail that of .4 (ete%s and 1; centi(ete%s. 7hene!e% it is necessa%& to establish a co(p)lso%& ease(ent of the %i'ht of wa& o% fo% a wate%in' place fo% ani(als- the p%o!isions of this Aection and those of a%ticles 20; and 201 shall be obse%!ed. In this case the width shall not e/ceed 1; (ete%s. "14;a# AECTI*N 0 Ease(ent of Pa%t& 7all ARTICLE 218.The ease(ent of pa%t& wall shall be 'o!e%ned b& the p%o!isions of this Title- b& the local o%dinances and c)sto(s insofa% as the& do not conflict with the sa(e- and b& the %)les of co6owne%ship. "141a# ARTICLE 21:.The e/istence of an ease(ent of pa%t& wall is p%es)(ed- )nless the%e is a title- o% e/te%io% si'n- o% p%oof to the cont%a%&> "1#In di!idin' walls of ad3oinin' b)ildin's )p to the point of co((on ele!ation< "$#In di!idin' walls of 'a%dens o% &a%ds sit)ated in cities- towns- o% in %)%al co(()nities< ".#In fences- walls and li!e hed'es di!idin' %)%al lands. "14$# ARTICLE 22;.It is )nde%stood that the%e is an e/te%io% si'n- cont%a%& to the ease(ent of pa%t& wall> cdt "1#7hene!e% in the di!idin' wall of b)ildin's the%e is a window o% openin'<

"$#7hene!e% the di!idin' wall is- on one side- st%ai'ht and pl)(b on all its face(ent- and on the othe%- it has si(ila% conditions on the )ppe% pa%t- b)t the lowe% pa%t slants o% p%o3ects o)twa%d< ".#7hene!e% the enti%e wall is b)ilt within the bo)nda%ies of one of the estates< "0#7hene!e% the di!idin' wall bea%s the b)%den of the bindin' bea(s- floo%s and %oof f%a(e of one of the b)ildin's- b)t not those of the othe%s< "1#7hene!e% the di!idin' wall between co)%t&a%ds- 'a%dens- and tene(ents is const%)cted in s)ch a wa& that the copin' sheds the wate% )pon onl& one of the estates< "2#7hene!e% the di!idin' wall- bein' b)ilt of (ason%&- has steppin' stoneswhich at ce%tain inte%!als p%o3ect f%o( the s)%face on one side onl&- b)t not on the othe%< "4#7hene!e% lands inclosed b& fences o% li!e hed'es ad3oin othe%s which a%e not inclosed. In all these cases- the owne%ship of the walls- fences o% hed'es shall be dee(ed to belon' e/cl)si!el& to the owne% of the p%ope%t& o% tene(ent which has in its fa!o% the p%es)(ption based on an& one of these si'ns. "14.# cda ARTICLE 221.Eitches o% d%ains opened between two estates a%e also p%es)(ed as co((on to both- if the%e is no title o% si'n showin' the cont%a%&. The%e is a si'n cont%a%& to the pa%t6owne%ship whene!e% the ea%th o% di%t %e(o!ed to open the ditch o% to clean it is onl& on one side the%eof- in which case the owne%ship of the ditch shall belon' e/cl)si!el& to the owne% of the land ha!in' this e/te%io% si'n in its fa!o%. "140# ARTICLE 22$.The cost of %epai%s and const%)ction of pa%t& walls and the (aintenance of fences- li!e hed'es- ditches- and d%ains owned in co((on- shall be bo%ne b& all the owne%s of the lands o% tene(ents ha!in' the pa%t& wall in thei% fa!o%- in p%opo%tion to the %i'ht of each. Ne!e%theless- an& owne% (a& e/e(pt hi(self f%o( cont%ib)tin' to this cha%'e b& %eno)ncin' his pa%t6owne%ship- e/cept when the pa%t& wall s)ppo%ts a b)ildin' belon'in' to hi(. "141# cdt ARTICLE 22..If the owne% of a b)ildin' s)ppo%ted b& a pa%t& wall desi%es to de(olish the b)ildin'- he (a& also %eno)nce his pa%t6owne%ship of the wall- b)t the cost of all %epai%s and wo%k necessa%& to p%e!ent an& da(a'e which the de(olition (a& ca)se to the pa%t& wall- on this occasion onl&- shall be bo%ne b& hi(. "142#

ARTICLE 220.E!e%& owne% (a& inc%ease the hei'ht of the pa%t& wall- doin' so at his own e/pense and pa&in' fo% an& da(a'e which (a& be ca)sed b& the wo%ke!en tho)'h s)ch da(a'e be te(po%a%&. The e/penses of (aintainin' the wall in the pa%t newl& %aised o% deepened at its fo)ndation shall also be paid fo% b& hi(< and- in addition- the inde(nit& fo% the inc%eased e/penses which (a& be necessa%& fo% the p%ese%!ation of the pa%t& wall b& %eason of the '%eate% hei'ht o% depth which has been 'i!en it. If the pa%t& wall cannot bea% the inc%eased hei'ht- the owne% desi%in' to %aise it shall be obli'ed to %econst%)ct it at his own e/pense and- if fo% this p)%pose it be necessa%& to (ake it thicke%- he shall 'i!e the space %e5)i%ed f%o( his own land. "144# ARTICLE 221.The othe% owne%s who ha!e not cont%ib)ted in 'i!in' inc%eased hei'ht- depth o% thickness to the wall (a&- ne!e%theless- ac5)i%e the %i'ht of pa%t6 owne%ship the%ein- b& pa&in' p%opo%tionall& the !al)e of the wo%k at the ti(e of the ac5)isition and of the land )sed fo% its inc%eased thickness. "148a# ARTICLE 222.E!e%& pa%t6owne% of a pa%t& wall (a& )se it in p%opo%tion to the %i'ht he (a& ha!e in the co6owne%ship- witho)t inte%fe%in' with the co((on and %especti!e )ses b& the othe% co6owne%s. "14:a# cda AECTI*N 1 Ease(ent of Li'ht and ?iew ARTICLE 224. No pa%t6owne% (a&- witho)t the consent of the othe%s- open th%o)'h the pa%t& wall an& window o% ape%t)%e of an& kind. "18;# ARTICLE 228.The pe%iod of p%esc%iption fo% the ac5)isition of an ease(ent of li'ht and !iew shall be co)nted> "1#B%o( the ti(e of the openin' of the window- if it is th%o)'h a pa%t& wall< o% "$#B%o( the ti(e of the fo%(al p%ohibition )pon the p%op%ieto% of the ad3oinin' land o% tene(ent- if the window is th%o)'h a wall on the do(inant estate. "n# ARTICLE 22:.7hen the distances in a%ticle 24; a%e not obse%!ed- the owne% of a wall which is not pa%t& wall- ad3oinin' a tene(ent o% piece of land belon'in' to anothe%- can (ake in it openin's to ad(it li'ht at the hei'ht of the ceilin' 3oists o% i((ediatel& )nde% the ceilin'- and of the si,e of thi%t& centi(ete%s s5)a%e- and- in e!e%& case- with an i%on '%atin' i(bedded in the wall and with a wi%e sc%een. cd i

Ne!e%theless- the owne% of the tene(ent o% p%ope%t& ad3oinin' the wall in which the openin's a%e (ade can close the( sho)ld he ac5)i%e pa%t6owne%ship the%eofif the%e be no stip)lation to the cont%a%&. He can also obst%)ct the( b& const%)ctin' a b)ildin' on his land o% b& %aisin' a wall the%eon conti')o)s to that ha!in' s)ch openin's- )nless an ease(ent of li'ht has been ac5)i%ed. "181a#

ARTICLE 24;.No windows- ape%t)%es- balconies- o% othe% si(ila% p%o3ections which affo%d a di%ect !iew )pon o% towa%ds an ad3oinin' land o% tene(ent can be (ade- witho)t lea!in' a distance of two (ete%s between the wall in which the& a%e (ade and s)ch conti')o)s p%ope%t&. cd i Neithe% can side o% obli5)e !iews )pon o% towa%ds s)ch conte%(ino)s p%ope%t& be had- )nless the%e be a distance of si/t& centi(ete%s. The nonobse%!ance of these distances does not 'i!e %ise to p%esc%iption. "18$a# ARTICLE 241.The distances %efe%%ed to in the p%ecedin' a%ticle shall be (eas)%ed in cases of di%ect !iews f%o( the o)te% line of the wall when the openin's do not p%o3ect- f%o( the o)te% line of the latte% when the& do- and in cases of obli5)e !iew f%o( the di!idin' line between the two p%ope%ties. "18.# ARTICLE 24$.The p%o!isions of a%ticle 24; a%e not applicable to b)ildin's sepa%ated b& a p)blic wa& o% alle&- which is not less than th%ee (ete%s wides)b3ect to special %e')lations and local o%dinances. "180a# aisa dc ARTICLE 24..7hene!e% b& an& title a %i'ht has been ac5)i%ed to ha!e di%ect !iews- balconies o% bel!ede%es o!e%lookin' an ad3oinin' p%ope%t&- the owne% of the se%!ient estate cannot b)ild the%eon at less than a distance of th%ee (ete%s to be (eas)%ed in the (anne% p%o!ided in a%ticle 241. An& stip)lation pe%(ittin' distances less than those p%esc%ibed in a%ticle 24; is !oid. "181a# AECTI*N 2 E%aina'e of C)ildin's ARTICLE 240.The owne% of a b)ildin' shall be obli'ed to const%)ct its %oof o% co!e%in' in s)ch (anne% that the %ain wate% shall fall on his own land o% on a st%eet o% p)blic place- and not on the land of his nei'hbo%- e!en tho)'h the ad3acent land (a& belon' to two o% (o%e pe%sons- one of who( is the owne% of the %oof. E!en if it sho)ld fall on his own land- the owne% shall be obli'ed to collect the wate% in s)ch a wa& as not to ca)se da(a'e to the ad3acent land o% tene(ent. "182a# cdasia

ARTICLE 241.The owne% of a tene(ent o% a piece of land- s)b3ect to the ease(ent of %ecei!in' wate% fallin' f%o( %oofs- (a& b)ild in s)ch (anne% as to %ecei!e the wate% )pon his own %oof o% 'i!e it anothe% o)tlet in acco%dance with local o%dinances o% c)sto(s- and in s)ch a wa& as not to ca)se an& n)isance o% da(a'e whate!e% to the do(inant estate. "184# ARTICLE 242.7hene!e% the &a%d o% co)%t of a ho)se is s)%%o)nded b& othe% ho)ses- and it is not possible to 'i!e an o)tlet th%o)'h the ho)se itself to the %ain wate% collected the%eon- the establish(ent of an ease(ent of d%aina'e can be de(anded- 'i!in' an o)tlet to the wate% at the point of the conti')o)s lands o% tene(ents whe%e its e'%ess (a& be easiest- and establishin' a cond)it fo% the d%aina'e in s)ch (anne% as to ca)se the least da(a'e to the se%!ient estateafte% pa&(ent of the p%ope% inde(nit&. "188# AECTI*N 4 Inte%(ediate Eistances and 7o%ks fo% Ce%tain Const%)ctions and Plantin's ARTICLE 244.No const%)ctions can be b)ilt o% plantin's (ade nea% fo%tified places o% fo%t%esses witho)t co(pliance with the conditions %e5)i%ed in special laws- o%dinances- and %e')lations %elatin' the%eto. "18:# ARTICLE 248.No pe%son shall b)ild an& a5)ed)ct- well- sewe%- f)%nace- fo%'echi(ne&- stable- deposito%& of co%%osi!e s)bstances- (achine%&- o% facto%& which b& %eason of its nat)%e o% p%od)cts is dan'e%o)s o% no/io)s- witho)t obse%!in' the distances p%esc%ibed b& the %e')lations and c)sto(s of the place- and witho)t (akin' the necessa%& p%otecti!e wo%ks- s)b3ect- in %e'a%d to the (anne% the%eof- to the conditions p%esc%ibed b& s)ch %e')lations. These p%ohibitions cannot be alte%ed o% %eno)nced b& stip)lation on the pa%t of the ad3oinin' p%op%ieto%s. casia In the absence of %e')lations- s)ch p%eca)tions shall be taken as (a& be conside%ed necessa%&- in o%de% to a!oid an& da(a'e to the nei'hbo%in' lands o% tene(ents. "1:;a# ARTICLE 24:.No t%ees shall be planted nea% a tene(ent o% piece of land belon'in' to anothe% e/cept at the distance a)tho%i,ed b& the o%dinances o% c)sto(s of the place- and- in the absence the%eof- at a distance of at least two (ete%s f%o( the di!idin' line of the estates if tall t%ees a%e planted and at a distance of at least fift& centi(ete%s if sh%)bs o% s(all t%ees a%e planted. E!e%& landowne% shall ha!e the %i'ht to de(and that t%ees he%eafte% planted at a sho%te% distance f%o( his land o% tene(ent be )p%ooted.

The p%o!isions of this a%ticle also appl& to t%ees which ha!e '%own spontaneo)sl&. "1:1a# cd ARTICLE 28;.If the b%anches of an& t%ee sho)ld e/tend o!e% a nei'hbo%in' estate- tene(ent- 'a%den o% &a%d- the owne% of the latte% shall ha!e the %i'ht to de(and that the& be c)t off insofa% as the& (a& sp%ead o!e% his p%ope%t&- and- if it be the %oots of a nei'hbo%in' t%ee which sho)ld penet%ate into the land of anothe%- the latte% (a& c)t the( off hi(self within his p%ope%t&. "1:$# ARTICLE 281. B%)its nat)%all& fallin' )pon ad3acent land belon' to the owne% of said land. "n# AECTI*N 8 Ease(ent A'ainst N)isance "n# ARTICLE 28$.E!e%& b)ildin' o% piece of land is s)b3ect to the ease(ent which p%ohibits the p%op%ieto% o% possesso% f%o( co((ittin' n)isance th%o)'h noise3a%%in'- offensi!e odo%- s(oke- heat- d)st- wate%- 'la%e and othe% ca)ses. ARTICLE 28..A)b3ect to ,onin'- health- police and othe% laws and %e')lationsfacto%ies and shops (a& be (aintained p%o!ided the least possible anno&ance is ca)sed to the nei'hbo%hood. casia AECTI*N : Late%al and A)b3acent A)ppo%t "n# ARTICLE 280.No p%op%ieto% shall (ake s)ch e/ca!ations )pon his land as to dep%i!e an& ad3acent land o% b)ildin' of s)fficient late%al o% s)b3acent s)ppo%t. ARTICLE 281.An& stip)lation o% testa(enta%& p%o!ision allowin' e/ca!ations that ca)se dan'e% to an ad3acent land o% b)ildin' shall be !oid. ARTICLE 282.The le'al ease(ent of late%al and s)b3acent s)ppo%t is not onl& fo% b)ildin's standin' at the ti(e the e/ca!ations a%e (ade b)t also fo% const%)ctions that (a& be e%ected. ARTICLE 284.An& p%op%ieto% intendin' to (ake an& e/ca!ation conte(plated in the th%ee p%ecedin' a%ticles shall notif& all owne%s of ad3acent lands. CHAPTER . ?ol)nta%& Ease(ents

ARTICLE 288.E!e%& owne% of a tene(ent o% piece of land (a& establish the%eon the ease(ents which he (a& dee( s)itable- and in the (anne% and fo%( which he (a& dee( best- p%o!ided he does not cont%a!ene the laws- p)blic polic& o% p)blic o%de%. "1:0# cdtai ARTICLE 28:.The owne% of a tene(ent o% piece of land- the )s)f%)ct of which belon's to anothe%- (a& i(pose the%eon- witho)t the consent of the )s)f%)ct)a%&an& se%!it)des which will not in3)%e the %i'ht of )s)f%)ct. "1:1# ARTICLE 2:;.7hene!e% the naked owne%ship of a tene(ent o% piece of land belon's to one pe%son and the beneficial owne%ship to anothe%- no pe%pet)al !ol)nta%& ease(ent (a& be established the%eon witho)t the consent of both owne%s. "1:2# ARTICLE 2:1.In o%de% to i(pose an ease(ent on an )ndi!ided tene(ent- o% piece of land- the consent of all the co6owne%s shall be %e5)i%ed. The consent 'i!en b& so(e onl&- ()st be held in abe&ance )ntil the last one of all the co6owne%s shall ha!e e/p%essed his confo%(it&. C)t the consent 'i!en b& one of the co6owne%s sepa%atel& f%o( the othe%s shall bind the '%anto% and his s)ccesso%s not to p%e!ent the e/e%cise of the %i'ht '%anted. "1:4a# acd ARTICLE 2:$.The title and- in a p%ope% case- the possession of an ease(ent ac5)i%ed b& p%esc%iption shall dete%(ine the %i'hts of the do(inant estate and the obli'ations of the se%!ient estate. In defa)lt the%eof- the ease(ent shall be 'o!e%ned b& s)ch p%o!isions of this Title as a%e applicable the%eto. "1:8# ARTICLE 2:..If the owne% of the se%!ient estate sho)ld ha!e bo)nd hi(self)pon the establish(ent of the ease(ent- to bea% the cost of the wo%k %e5)i%ed fo% the )se and p%ese%!ation the%eof- he (a& f%ee hi(self f%o( this obli'ation b& %eno)ncin' his p%ope%t& to the owne% of the do(inant estate. "1::# TITLE ?III N)isance "n# ARTICLE 2:0.A n)isance is an& act- o(ission- establish(ent- b)sinesscondition of p%ope%t&- o% an&thin' else which> cdtai "1#In3)%es o% endan'e%s the health o% safet& of othe%s< o% "$#Anno&s o% offends the senses< o% ".#Ahocks- defies o% dis%e'a%ds decenc& o% (o%alit&< o%

"0#*bst%)cts o% inte%fe%es with the f%ee passa'e of an& p)blic hi'hwa& o% st%eeto% an& bod& of wate%< o% "1#Hinde%s o% i(pai%s the )se of p%ope%t&. ARTICLE 2:1.N)isance is eithe% p)blic o% p%i!ate. A p)blic n)isance affects a co(()nit& o% nei'hbo%hood o% an& conside%able n)(be% of pe%sons- altho)'h the e/tent of the anno&ance- dan'e% o% da(a'e )pon indi!id)als (a& be )ne5)al. A p%i!ate n)isance is one that is not incl)ded in the fo%e'oin' definition. cda ARTICLE 2:2.E!e%& s)ccessi!e owne% o% possesso% of p%ope%t& who fails o% %ef)ses to abate a n)isance in that p%ope%t& sta%ted b& a fo%(e% owne% o% possesso% is liable the%efo% in the sa(e (anne% as the one who c%eated it. ARTICLE 2:4.The abate(ent of a n)isance does not p%ecl)de the %i'ht of an& pe%son in3)%ed to %eco!e% da(a'es fo% its past e/istence. ARTICLE 2:8.Lapse of ti(e cannot le'ali,e an& n)isance- whethe% p)blic o% p%i!ate. ARTICLE 2::.The %e(edies a'ainst a p)blic n)isance a%e> "1#A p%osec)tion )nde% the Penal Code o% an& local o%dinance> o% "$#A ci!il action< o% acd ".#Abate(ent- witho)t 3)dicial p%oceedin's. ARTICLE 4;;.The dist%ict health office% shall take ca%e that one o% all of the %e(edies a'ainst a p)blic n)isance a%e a!ailed of. ARTICLE 4;1.If a ci!il action is b%o)'ht b& %eason of the (aintenance of a p)blic n)isance- s)ch action shall be co((enced b& the cit& o% ()nicipal (a&o%. ARTICLE 4;$.The dist%ict health office% shall dete%(ine whethe% o% not abate(ent- witho)t 3)dicial p%oceedin's- is the best %e(ed& a'ainst a p)blic n)isance. ARTICLE 4;..A p%i!ate pe%son (a& file an action on acco)nt of a p)blic n)isance- if it is speciall& in3)%io)s to hi(self. ARTICLE 4;0.An& p%i!ate pe%son (a& abate a p)blic n)isance which is speciall& in3)%io)s to hi( b& %e(o!in'- o% if necessa%&- b& dest%o&in' the thin' which

constit)tes the sa(e- witho)t co((ittin' a b%each of the peace- o% doin' )nnecessa%& in3)%&. C)t it is necessa%&>

"1#That de(and be fi%st (ade )pon the owne% o% possesso% of the p%ope%t& to abate the n)isance< "$#That s)ch de(and has been %e3ected< ".#That the abate(ent be app%o!ed b& the dist%ict health office% and e/ec)ted with the assistance of the local police< and cda "0#That the !al)e of the dest%)ction does not e/ceed th%ee tho)sand pesos. ARTICLE 4;1.The %e(edies a'ainst a p%i!ate n)isance a%e> "1#A ci!il action< o% "$#Abate(ent- witho)t 3)dicial p%oceedin's. ARTICLE 4;2.An& pe%son in3)%ed b& a p%i!ate n)isance (a& abate it b& %e(o!in'- o% if necessa%&- b& dest%o&in' the thin' which constit)tes the n)isancewitho)t co((ittin' a b%each of the peace o% doin' )nnecessa%& in3)%&. Howe!e%it is indispensable that the p%oced)%e fo% e/t%a3)dicial abate(ent of a p)blic n)isance b& a p%i!ate pe%son be followed. ARTICLE 4;4.A p%i!ate pe%son o% a p)blic official e/t%a3)diciall& abatin' a n)isance shall be liable fo% da(a'es> "1#If he ca)ses )nnecessa%& in3)%&< o% "$#If an alle'ed n)isance is late% decla%ed b& the co)%ts to be not a %eal n)isance. TITLE IF Re'ist%& of P%ope%t& ARTICLE 4;8.The Re'ist%& of P%ope%t& has fo% its ob3ect the insc%iption o% annotation of acts and cont%acts %elatin' to the owne%ship and othe% %i'hts o!e% i((o!able p%ope%t&. "2;1# casia ARTICLE 4;:.The titles of owne%ship- o% of othe% %i'hts o!e% i((o!able p%ope%t&which a%e not d)l& insc%ibed o% annotated in the Re'ist%& of P%ope%t& shall not p%e3)dice thi%d pe%sons. "2;2#

ARTICLE 41;.The books in the Re'ist%& of P%ope%t& shall be p)blic fo% those who ha!e a known inte%est in asce%tainin' the stat)s of the i((o!ables o% %eal %i'hts annotated o% insc%ibed the%ein. "2;4# ARTICLE 411.Bo% dete%(inin' what titles a%e s)b3ect to insc%iption o% annotationas well as the fo%(- effects- and cancellation of insc%iptions and annotations- the (anne% of keepin' the books in the Re'ist%&- and the !al)e of the ent%ies contained in said books- the p%o!isions of the Mo%t'a'e Law- the Land Re'ist%ation Act- and othe% special laws shall 'o!e%n. "2;8a# C**D III Eiffe%ent Modes of Ac5)i%in' *wne%ship P%eli(ina%& P%o!ision ARTICLE 41$.*wne%ship is ac5)i%ed b& occ)pation and b& intellect)al c%eation. *wne%ship and othe% %eal %i'hts o!e% p%ope%t& a%e ac5)i%ed and t%ans(itted b& law- b& donation- b& testate and intestate s)ccession- and in conse5)ence of ce%tain cont%acts- b& t%adition. aisa dc The& (a& also be ac5)i%ed b& (eans of p%esc%iption. "2;:a# TITLE I *cc)pation ARTICLE 41..Thin's app%op%iable b& nat)%e which a%e witho)t an owne%- s)ch as ani(als that a%e the ob3ect of h)ntin' and fishin'- hidden t%eas)%e and abandoned (o!ables- a%e ac5)i%ed b& occ)pation. "21;# casia ARTICLE 410.The owne%ship of a piece of land cannot be ac5)i%ed b& occ)pation. "n# ARTICLE 411.The %i'ht to h)nt and to fish is %e')lated b& special laws. "211# ARTICLE 412.The owne% of a swa%( of bees shall ha!e a %i'ht to p)%s)e the( to anothe%=s land- inde(nif&in' the possesso% of the latte% fo% the da(a'e. If the owne% has not p)%s)ed the swa%(- o% ceases to do so within two consec)ti!e da&s- the possesso% of the land (a& occ)p& o% %etain the sa(e. The owne% of do(esticated ani(als (a& also clai( the( within twent& da&s to be co)nted f%o( thei% occ)pation b& anothe% pe%son. This pe%iod ha!in' e/pi%ed- the& shall pe%tain to hi( who has ca)'ht and kept the(. "21$a#

ARTICLE 414.Pi'eons and fish which f%o( thei% %especti!e b%eedin' places pass to anothe% pe%tainin' to a diffe%ent owne% shall belon' to the latte%- p%o!ided the& ha!e not been enticed b& so(e a%ticle o% f%a)d. "21.a# ARTICLE 418.He who b& chance disco!e%s hidden t%eas)%e in anothe%=s p%ope%t& shall ha!e the %i'ht '%anted hi( in a%ticle 0.8 of this Code. "210# ARTICLE 41:.7hoe!e% finds a (o!able- which is not t%eas)%e- ()st %et)%n it to its p%e!io)s possesso%. If the latte% is )nknown- the finde% shall i((ediatel& deposit it with the (a&o% of the cit& o% ()nicipalit& whe%e the findin' has taken place. The findin' shall be p)blicl& anno)nced b& the (a&o% fo% two consec)ti!e weeks in the wa& he dee(s best. cda If the (o!able cannot be kept witho)t dete%io%ation- o% witho)t e/penses which conside%abl& di(inish its !al)e- it shall be sold at p)blic a)ction ei'ht da&s afte% the p)blication. Ai/ (onths f%o( the p)blication ha!in' elapsed witho)t the owne% ha!in' appea%ed- the thin' fo)nd- o% its !al)e- shall be awa%ded to the finde%. The finde% and the owne% shall be obli'ed- as the case (a& be- to %ei(b)%se the e/penses. "211a# ARTICLE 4$;.If the owne% sho)ld appea% in ti(e- he shall be obli'ed to pa&- as a %ewa%d to the finde%- one6tenth of the s)( o% of the p%ice of the thin' fo)nd. "212a# TITLE II Intellect)al C%eation ARTICLE 4$1.C& intellect)al c%eation- the followin' pe%sons ac5)i%e owne%ship> "1#The a)tho% with %e'a%d to his lite%a%&- d%a(atic- histo%ical- le'al- philosophicalscientific o% othe% wo%k< casia "$#The co(pose%- as to his ()sical co(position< ".#The painte%- sc)lpto%- o% othe% a%tist- with %espect to the p%od)ct of his a%t< "0#The scientist o% technolo'ist o% an& othe% pe%son with %e'a%d to his disco!e%& o% in!ention. "n# ARTICLE 4$$.The a)tho% and the co(pose%- (entioned in Nos. 1 and $ of the p%ecedin' a%ticle- shall ha!e the owne%ship of thei% c%eations e!en befo%e the

p)blication of the sa(e. *nce thei% wo%ks a%e p)blished- thei% %i'hts a%e 'o!e%ned b& the Cop&%i'ht laws. The painte%- sc)lpto% o% othe% a%tist shall ha!e do(inion o!e% the p%od)ct of his a%t e!en befo%e it is cop&%i'hted. aisa dc The scientist o% technolo'ist has the owne%ship of his disco!e%& o% in!ention e!en befo%e it is patented. "n# ARTICLE 4$..Lette%s and othe% p%i!ate co(()nications in w%itin' a%e owned b& the pe%son to who( the& a%e add%essed and deli!e%ed- b)t the& cannot be p)blished o% disse(inated witho)t the consent of the w%ite% o% his hei%s. Howe!e%the co)%t (a& a)tho%i,e thei% p)blication o% disse(ination if the p)blic 'ood o% the inte%est of 3)stice so %e5)i%es. "n# ARTICLE 4$0.Apecial laws 'o!e%n cop&%i'ht and patent. "0$:a# TITLE III Eonation CHAPTER 1 Nat)%e of Eonations ARTICLE 4$1.Eonation is an act of libe%alit& whe%eb& a pe%son disposes '%at)ito)sl& of a thin' o% %i'ht in fa!o% of anothe%- who accepts it. "218a# cdtai ARTICLE 4$2.7hen a pe%son 'i!es to anothe% a thin' o% %i'ht on acco)nt of the latte%=s (e%its o% of the se%!ices %ende%ed b& hi( to the dono%- p%o!ided the& do not constit)te a de(andable debt- o% when the 'ift i(poses )pon the donee a b)%den which is less than the !al)e of the thin' 'i!en- the%e is also a donation. "21:# ARTICLE 4$4.Ille'al o% i(possible conditions in si(ple and %e()ne%ato%& donations shall be conside%ed as not i(posed. "n# ARTICLE 4$8.Eonations which a%e to take effect )pon the death of the dono% pa%take of the nat)%e of testa(enta%& p%o!isions- and shall be 'o!e%ned b& the %)les established in the Title on A)ccession. "2$;# ARTICLE 4$:.7hen the dono% intends that the donation shall take effect d)%in' the lifeti(e of the dono%- tho)'h the p%ope%t& shall not be deli!e%ed till afte% the dono%=s death- this shall be a donation inte% !i!os. The f%)its of the p%ope%t& f%o( the ti(e of the acceptance of the donation- shall pe%tain to the donee- )nless the dono% p%o!ides othe%wise. "n#

ARTICLE 4.;.The fi/in' of an e!ent o% the i(position of a s)spensi!e conditionwhich (a& take place be&ond the nat)%al e/pectation of life of the dono%- does not dest%o& the nat)%e of the act as a donation inte% !i!os- )nless a cont%a%& intention appea%s. "n# cdasia ARTICLE 4.1.7hen a pe%son donates so(ethin'- s)b3ect to the %esol)to%& condition of the dono%=s s)%!i!al- the%e is a donation inte% !i!os. "n# ARTICLE 4.$.Eonations which a%e to take effect inte% !i!os shall be 'o!e%ned b& the 'ene%al p%o!isions on cont%acts and obli'ations in all that is not dete%(ined in this Title. "2$1# ARTICLE 4...Eonations with an one%o)s ca)se shall be 'o!e%ned b& the %)les on cont%acts and %e()ne%ato%& donations b& the p%o!isions of the p%esent Title as %e'a%ds that po%tion which e/ceeds the !al)e of the b)%den i(posed. "2$$# ARTICLE 4.0.The donation is pe%fected f%o( the (o(ent the dono% knows of the acceptance b& the donee. "2$.# CHAPTER $ Pe%sons 7ho Ma& +i!e o% Recei!e a Eonation ARTICLE 4.1.All pe%sons who (a& cont%act and dispose of thei% p%ope%t& (a& (ake a donation. "2$0# ARTICLE 4.2.+)a%dians and t%)stees cannot donate the p%ope%t& ent%)sted to the(. "n# ARTICLE 4.4.The dono%=s capacit& shall be dete%(ined as of the ti(e of the (akin' of the donation. "n# ARTICLE 4.8.All those who a%e not speciall& dis5)alified b& law the%efo% (a& accept donations. "2$1# cd ARTICLE 4.:.The followin' donations shall be !oid> "1#Those (ade between pe%sons who we%e ')ilt& of ad)lte%& o% conc)bina'e at the ti(e of the donation< "$#Those (ade between pe%sons fo)nd ')ilt& of the sa(e c%i(inal offense- in conside%ation the%eof< ".#Those (ade to a p)blic office% o% his wife- descendants and ascendants- b& %eason of his office.

In the case %efe%%ed to in No. 1- the action fo% decla%ation of n)llit& (a& be b%o)'ht b& the spo)se of the dono% o% donee< and the ')ilt of the dono% and donee (a& be p%o!ed b& p%eponde%ance of e!idence in the sa(e action. "n# ARTICLE 40;.Incapacit& to s)cceed b& will shall be applicable to donations inte% !i!os. "n# ARTICLE 401.Mino%s and othe%s who cannot ente% into a cont%act (a& beco(e donees b)t acceptance shall be done th%o)'h thei% pa%ents o% le'al %ep%esentati!es. "2$2a# ARTICLE 40$.Eonations (ade to concei!ed and )nbo%n child%en (a& be accepted b& those pe%sons who wo)ld le'all& %ep%esent the( if the& we%e al%ead& bo%n. "2$4# ARTICLE 40..Eonations (ade to incapacitated pe%sons shall be !oid- tho)'h si()lated )nde% the ')ise of anothe% cont%act o% th%o)'h a pe%son who is inte%posed. "2$8# cdt ARTICLE 400.Eonations of the sa(e thin' to two o% (o%e diffe%ent donees shall be 'o!e%ned b& the p%o!isions conce%nin' the sale of the sa(e thin' to two o% (o%e diffe%ent pe%sons. "n#

ARTICLE 401.The donee ()st accept the donation pe%sonall&- o% th%o)'h an a)tho%i,ed pe%son with a special powe% fo% the p)%pose- o% with a 'ene%al and s)fficient powe%< othe%wise- the donation shall be !oid. "2.;# ARTICLE 402.Acceptance ()st be (ade d)%in' the lifeti(e of the dono% and of the donee. "n# ARTICLE 404.Pe%sons who accept donations in %ep%esentation of othe%s who (a& not do so b& the(sel!es- shall be obli'ed to (ake the notification and notation of which a%ticle 40: speaks. "2.1# ARTICLE 408.The donation of a (o!able (a& be (ade o%all& o% in w%itin'. An o%al donation %e5)i%es the si()ltaneo)s deli!e%& of the thin' o% of the doc)(ent %ep%esentin' the %i'ht donated. If the !al)e of the pe%sonal p%ope%t& donated e/ceeds fi!e tho)sand pesos- the donation and the acceptance shall be (ade in w%itin'. *the%wise- the donation shall be !oid. "2.$a#

ARTICLE 40:.In o%de% that the donation of an i((o!able (a& be !alid- it ()st be (ade in a p)blic doc)(ent- specif&in' the%ein the p%ope%t& donated and the !al)e of the cha%'es which the donee ()st satisf&. casia The acceptance (a& be (ade in the sa(e deed of donation o% in a sepa%ate p)blic doc)(ent- b)t it shall not take effect )nless it is done d)%in' the lifeti(e of the dono%. If the acceptance is (ade in a sepa%ate inst%)(ent- the dono% shall be notified the%eof in an a)thentic fo%(- and this step shall be noted in both inst%)(ents. "2..# CHAPTER . Effect of Eonations and Li(itations The%eon ARTICLE 41;.The donation (a& co(p%ehend all the p%esent p%ope%t& of the dono%- o% pa%t the%eof- p%o!ided he %ese%!es- in f)ll owne%ship o% in )s)f%)cts)fficient (eans fo% the s)ppo%t of hi(self- and of all %elati!es who- at the ti(e of the acceptance of the donation- a%e b& law entitled to be s)ppo%ted b& the dono%. 7itho)t s)ch %ese%!ation- the donation shall be %ed)ced in petition of an& pe%son affected. "2.0a# ARTICLE 411.Eonations cannot co(p%ehend f)t)%e p%ope%t&. C& f)t)%e p%ope%t& is )nde%stood an&thin' which the dono% cannot dispose of at the ti(e of the donation. "2.1# casia ARTICLE 41$.The p%o!isions of a%ticle 41; notwithstandin'- no pe%son (a& 'i!e o% %ecei!e- b& wa& of donation- (o%e than he (a& 'i!e o% %ecei!e b& will. The donation shall be inofficio)s in all that it (a& e/ceed this li(itation. "2.2# ARTICLE 41..7hen a donation is (ade to se!e%al pe%sons 3ointl&- it is )nde%stood to be in e5)al sha%es- and the%e shall be no %i'ht of acc%etion a(on' the(- )nless the dono% has othe%wise p%o!ided. The p%ecedin' pa%a'%aph shall not be applicable to donations (ade to the h)sband and wife 3ointl&- between who( the%e shall be a %i'ht of acc%etion- if the cont%a%& has not been p%o!ided b& the dono%. "2.4# aisa dc ARTICLE 410.The donee is s)b%o'ated to all the %i'hts and actions which in case of e!iction wo)ld pe%tain to the dono%. The latte%- on the othe% hand- is not obli'ed to wa%%ant the thin's donated- sa!e when the donation is one%o)s- in which case the dono% shall be liable fo% e!iction to the conc)%%ence of the b)%den.

The dono% shall also be liable fo% e!iction o% hidden defects in case of bad faith on his pa%t. "2.8a# ARTICLE 411.The %i'ht to dispose of so(e of the thin's donated- o% of so(e a(o)nt which shall be a cha%'e the%eon- (a& be %ese%!ed b& the dono%< b)t if he sho)ld die witho)t ha!in' (ade )se of this %i'ht- the p%ope%t& o% a(o)nt %ese%!ed shall belon' to the donee. "2.:# ARTICLE 412.The owne%ship of p%ope%t& (a& also be donated to one pe%son and the )s)f%)ct to anothe% o% othe%s- p%o!ided all the donees a%e li!in' at the ti(e of the donation. "20;a# ARTICLE 414.Re!e%sion (a& be !alidl& established in fa!o% of onl& the dono% fo% an& case and ci%c)(stances- b)t not in fa!o% of othe% pe%sons )nless the& a%e all li!in' at the ti(e of the donation. An& %e!e%sion stip)lated b& the dono% in fa!o% of a thi%d pe%son in !iolation of what is p%o!ided in the p%ecedin' pa%a'%aph shall be !oid- b)t shall not n)llif& the donation. "201a# cd i ARTICLE 418.7hen the donation i(poses )pon the donee the obli'ation to pa& the debts of the dono%- if the cla)se does not contain an& decla%ation to the cont%a%&- the fo%(e% is )nde%stood to be liable to pa& onl& the debts which appea% to ha!e been p%e!io)sl& cont%acted. In no case shall the donee be %esponsible fo% the debts e/ceedin' the !al)e of the p%ope%t& donated- )nless a cont%a%& intention clea%l& appea%s. "20$a# ARTICLE 41:.The%e bein' no stip)lation %e'a%din' the pa&(ent of debts- the donee shall be %esponsible the%efo% onl& when the donation has been (ade in f%a)d of c%edito%s. The donation is alwa&s p%es)(ed to be in f%a)d of c%edito%s- when at the ti(e the%eof the dono% did not %ese%!e s)fficient p%ope%t& to pa& his debts p%io% to the donation. "20.# CHAPTER 0 Re!ocation and Red)ction of Eonations ARTICLE 42;.E!e%& donation inte% !i!os- (ade b& a pe%son ha!in' no child%en o% descendants- le'iti(ate o% le'iti(ated b& s)bse5)ent (a%%ia'e- o% ille'iti(ate(a& be %e!oked o% %ed)ced as p%o!ided in the ne/t a%ticle- b& the happenin' of an& of these e!ents> cd i "1#If the dono%- afte% the donation- sho)ld ha!e le'iti(ate o% le'iti(ated o% ille'iti(ate child%en- e!en tho)'h the& be posth)(o)s<

"$#If the child of the dono%- who( the latte% belie!ed to be dead when he (ade the donation- sho)ld t)%n o)t to be li!in'< ".#If the dono% sho)ld s)bse5)entl& adopt a (ino% child. "200a# ARTICLE 421.In the cases %efe%%ed to in the p%ecedin' a%ticle- the donation shall be %e!oked o% %ed)ced insofa% as it e/ceeds the po%tion that (a& be f%eel& disposed of b& will- takin' into acco)nt the whole estate of the dono% at the ti(e of the bi%th- appea%ance o% adoption of a child. "n# ARTICLE 42$.@pon the %e!ocation o% %ed)ction of the donation b& the bi%thappea%ance o% adoption of a child- the p%ope%t& affected shall be %et)%ned o% its !al)e if the donee has sold the sa(e. If the p%ope%t& is (o%t'a'ed- the dono% (a& %edee( the (o%t'a'e- b& pa&in' the a(o)nt ')a%anteed- with a %i'ht to %eco!e% the sa(e f%o( the donee. 7hen the p%ope%t& cannot be %et)%ned- it shall be esti(ated at what it was wo%th at the ti(e of the donation. "201a# cdtai ARTICLE 42..The action fo% %e!ocation o% %ed)ction on the '%o)nds set fo%th in a%ticle 42; shall p%esc%ibe afte% fo)% &ea%s f%o( the bi%th of the fi%st child- o% f%o( his le'iti(ation- %eco'nition o% adoption- o% f%o( the 3)dicial decla%ation of filiation- o% f%o( the ti(e info%(ation was %ecei!ed %e'a%din' the e/istence of the child belie!ed dead. This action cannot be %eno)nced- and is t%ans(itted- )pon the death of the dono%- to his le'iti(ate and ille'iti(ate child%en and descendants. "202a# ARTICLE 420.The donation shall be %e!oked at the instance of the dono%- when the donee fails to co(pl& with an& of the conditions which the fo%(e% i(posed )pon the latte%. In this case- the p%ope%t& donated shall be %et)%ned to the dono%- the alienations (ade b& the donee and the (o%t'a'es i(posed the%eon b& hi( bein' !oid- with the li(itations established- with %e'a%d to thi%d pe%sons- b& the Mo%t'a'e Law and the Land Re'ist%ation laws. acd This action shall p%esc%ibe afte% fo)% &ea%s f%o( the nonco(pliance with the condition- (a& be t%ans(itted to the hei%s of the dono%- and (a& be e/e%cised a'ainst the donee=s hei%s. "204a# ARTICLE 421.The donation (a& also be %e!oked at the instance of the dono%- b& %eason of in'%atit)de in the followin' cases>

"1#If the donee sho)ld co((it so(e offense a'ainst the pe%son- the hono% o% the p%ope%t& of the dono%- o% of his wife o% child%en )nde% his pa%ental a)tho%it&< "$#If the donee i(p)tes to the dono% an& c%i(inal offense- o% an& act in!ol!in' (o%al t)%pit)de- e!en tho)'h he sho)ld p%o!e it- )nless the c%i(e o% the act has been co((itted a'ainst the donee hi(self- his wife o% child%en )nde% his a)tho%it&< ".#If he )nd)l& %ef)ses hi( s)ppo%t when the donee is le'all& o% (o%all& bo)nd to 'i!e s)ppo%t to the dono%. "208a# ARTICLE 422.Altho)'h the donation is %e!oked on acco)nt of in'%atit)dene!e%theless- the alienations and (o%t'a'es effected befo%e the notation of the co(plaint fo% %e!ocation in the Re'ist%& of P%ope%t& shall s)bsist. Late% ones shall be !oid. "20:# ARTICLE 424.In the case %efe%%ed to in the fi%st pa%a'%aph of the p%ecedin' a%ticle- the dono% shall ha!e a %i'ht to de(and f%o( the donee the !al)e of p%ope%t& alienated which he cannot %eco!e% f%o( thi%d pe%sons- o% the s)( fo% which the sa(e has been (o%t'a'ed. cda The !al)e of said p%ope%t& shall be fi/ed as of the ti(e of the donation. "21;# ARTICLE 428.7hen the donation is %e!oked fo% an& of the ca)ses stated in a%ticle 42;- o% b& %eason of in'%atit)de- o% when it is %ed)ced beca)se it is inofficio)s- the donee shall not %et)%n the f%)its e/cept f%o( the filin' of the co(plaint. If the %e!ocation is based )pon nonco(pliance with an& of the conditions i(posed in the donation- the donee shall %et)%n not onl& the p%ope%t& b)t also the f%)its the%eof which he (a& ha!e %ecei!ed afte% ha!in' failed to f)lfill the condition. "211# ARTICLE 42:.The action '%anted to the dono% b& %eason of in'%atit)de cannot be %eno)nced in ad!ance. This action p%esc%ibes within one &ea%- to be co)nted f%o( the ti(e the dono% had knowled'e of the fact and it was possible fo% hi( to b%in' the action. "21$# ARTICLE 44;.This action shall not be t%ans(itted to the hei%s of the dono%- if the latte% did not instit)te the sa(e- altho)'h he co)ld ha!e done so- and e!en if he sho)ld die befo%e the e/pi%ation of one &ea%. Neithe% can this action be b%o)'ht a'ainst the hei% of the donee- )nless )pon the latte%=s death the co(plaint has been filed. "21.#

ARTICLE 441.Eonations which in acco%dance with the p%o!isions of a%ticle 41$a%e inofficio)s- bea%in' in (ind the esti(ated net !al)e of the dono%=s p%ope%t& at the ti(e of his death- shall be %ed)ced with %e'a%d to the e/cess< b)t this %ed)ction shall not p%e!ent the donations f%o( takin' effect d)%in' the life of the dono%- no% shall it ba% the donee f%o( app%op%iatin' the f%)its. casia

Bo% the %ed)ction of donations the p%o!isions of this Chapte% and of a%ticles :11 and :1$ of this Code shall 'o!e%n. "210# ARTICLE 44$.*nl& those who at the ti(e of the dono%=s death ha!e a %i'ht to the le'iti(e and thei% hei%s and s)ccesso%s in inte%est (a& ask fo% the %ed)ction o% inofficio)s donations. Those %efe%%ed to in the p%ecedin' pa%a'%aph cannot %eno)nce thei% %i'ht d)%in' the lifeti(e of the dono%- eithe% b& e/p%ess decla%ation- o% b& consentin' to the donation. The donees- de!isees and le'atees- who a%e not entitled to the le'iti(e and the c%edito%s of the deceased can neithe% ask fo% the %ed)ction no% a!ail the(sel!es the%eof. "211a# ARTICLE 44..If- the%e bein' two o% (o%e donations- the disposable po%tion is not s)fficient to co!e% all of the(- those of the (o%e %ecent date shall be s)pp%essed o% %ed)ced with %e'a%d to the e/cess. "212# cdtai TITLE I? A)ccession CHAPTER 1 +ene%al P%o!isions ARTICLE 440.A)ccession is a (ode of ac5)isition b& !i%t)e of which the p%ope%t&- %i'hts and obli'ations to the e/tent of the !al)e of the inhe%itance- of a pe%son a%e t%ans(itted th%o)'h his death to anothe% o% othe%s eithe% b& his will o% b& ope%ation of law. "n# cd i ARTICLE 441.In this Title- decedent is the 'ene%al te%( applied to the pe%son whose p%ope%t& is t%ans(itted th%o)'h s)ccession- whethe% o% not he left a will. If he left a will- he is also called the testato%. "n# ARTICLE 442.The inhe%itance incl)des all the p%ope%t&- %i'hts and obli'ations of a pe%son which a%e not e/tin')ished b& his death. "21:#

ARTICLE 444.The %i'hts to the s)ccession a%e t%ans(itted f%o( the (o(ent of the death of the decedent. "214a# ARTICLE 448.A)ccession (a& be> "1#Testa(enta%&< "$#Le'al o% intestate< o% ".#Mi/ed. "n# ARTICLE 44:.Testa(enta%& s)ccession is that which %es)lts f%o( the desi'nation of an hei%- (ade in a will e/ec)ted in the fo%( p%esc%ibed b& law. "n# ARTICLE 48;.Mi/ed s)ccession is that effected pa%tl& b& will and pa%tl& b& ope%ation of law. "n# ARTICLE 481.The inhe%itance of a pe%son incl)des not onl& the p%ope%t& and the t%ans(issible %i'hts and obli'ations e/istin' at the ti(e of his death- b)t also those which ha!e acc%)ed the%eto since the openin' of the s)ccession. "n# ARTICLE 48$.An hei% is a pe%son called to the s)ccession eithe% b& the p%o!ision of a will o% b& ope%ation of law. cdasia Ee!isees and le'atees a%e pe%sons to who( 'ifts of %eal and pe%sonal p%ope%t& a%e %especti!el& 'i!en b& !i%t)e of a will. "n# CHAPTER $ Testa(enta%& A)ccession AECTI*N 1 7ills A@CAECTI*N 1 7ills in +ene%al ARTICLE 48..A will is an act whe%eb& a pe%son is pe%(itted- with the fo%(alities p%esc%ibed b& law- to cont%ol to a ce%tain de'%ee the disposition of his estate- to take effect afte% his death. "224a#

ARTICLE 480.The (akin' of a will is a st%ictl& pe%sonal act< it cannot be left in whole o% in pa%t to the disc%etion of a thi%d pe%son- o% acco(plished th%o)'h the inst%)(entalit& of an a'ent o% atto%ne&. "24;a# ARTICLE 481.The d)%ation o% efficac& of the desi'nation of hei%s- de!isees o% le'atees- o% the dete%(ination of the po%tions which the& a%e to take- when %efe%%ed to b& na(e- cannot be left to the disc%etion of a thi%d pe%son. "24;a# cda ARTICLE 482.The testato% (a& ent%)st to a thi%d pe%son the dist%ib)tion of specific p%ope%t& o% s)(s of (one& that he (a& lea!e in 'ene%al to specified classes o% ca)ses- and also the desi'nation of the pe%sons- instit)tions o% establish(ents to which s)ch p%ope%t& o% s)(s a%e to be 'i!en o% applied. "241a# ARTICLE 484.The testato% (a& not (ake a testa(enta%& disposition in s)ch (anne% that anothe% pe%son has to dete%(ine whethe% o% not it is to be ope%ati!e. "n# ARTICLE 488.If a testa(enta%& disposition ad(its of diffe%ent inte%p%etations- in case of do)bt- that inte%p%etation b& which the disposition is to be ope%ati!e shall be p%efe%%ed. "n# ARTICLE 48:.7hen the%e is an i(pe%fect desc%iption- o% when no pe%son o% p%ope%t& e/actl& answe%s the desc%iption- (istakes and o(issions ()st be co%%ected- if the e%%o% appea%s f%o( the conte/t of the will o% f%o( e/t%insic e!idence- e/cl)din' the o%al decla%ations of the testato% as to his intention< and when an )nce%taint& a%ises )pon the face of the will- as to the application of an& of its p%o!isions- the testato%=s intention is to be asce%tained f%o( the wo%ds of the will- takin' into conside%ation the ci%c)(stances )nde% which it was (adee/cl)din' s)ch o%al decla%ations. "n# ARTICLE 4:;. The wo%ds of a will a%e to be taken in thei% o%dina%& and '%a((atical sense- )nless a clea% intention to )se the( in anothe% sense can be 'athe%ed- and that othe% can be asce%tained. Technical wo%ds in a will a%e to be taken in thei% technical sense- )nless the conte/t clea%l& indicates a cont%a%& intention- o% )nless it satisfacto%il& appea%s that the will was d%awn solel& b& the testato%- and that he was )nac5)ainted with s)ch technical sense. "241a# ARTICLE 4:1.The wo%ds of a will a%e to %ecei!e an inte%p%etation which will 'i!e to e!e%& e/p%ession so(e effect- %athe% than one which will %ende% an& of the e/p%essions inope%ati!e< and of two (odes of inte%p%etin' a will- that is to be p%efe%%ed which will p%e!ent intestac&. "n# ARTICLE 4:$.The in!alidit& of one of se!e%al dispositions contained in a will does not %es)lt in the in!alidit& of the othe% dispositions- )nless it is to be

p%es)(ed that the testato% wo)ld not ha!e (ade s)ch othe% dispositions if the fi%st in!alid disposition had not been (ade. "n# cda ARTICLE 4:..P%ope%t& ac5)i%ed afte% the (akin' of a will shall onl& pass the%eb&- as if the testato% had possessed it at the ti(e of (akin' the will- sho)ld it e/p%essl& appea% b& the will that s)ch was his intention. "n# ARTICLE 4:0.E!e%& de!ise o% le'ac& shall con!e& all the inte%est which the testato% co)ld de!ise o% be5)eath in the p%ope%t& disposed of- )nless it clea%l& appea%s f%o( the will that he intended to con!e& a less inte%est. "n# ARTICLE 4:1.The !alidit& of a will as to its fo%( depends )pon the obse%!ance of the law in fo%ce at the ti(e it is (ade. "n# A@CAECTI*N $ Testa(enta%& Capacit& and Intent ARTICLE 4:2.All pe%sons who a%e not e/p%essl& p%ohibited b& law (a& (ake a will. "22$# ARTICLE 4:4.Pe%sons of eithe% se/ )nde% ei'hteen &ea%s of a'e cannot (ake a will. "n# ARTICLE 4:8.In o%de% to (ake a will it is essential that the testato% be of so)nd (ind at the ti(e of its e/ec)tion. "n# ARTICLE 4::.To be of so)nd (ind- it is not necessa%& that the testato% be in f)ll possession of all his %easonin' fac)lties- o% that his (ind be wholl& )nb%oken)ni(pai%ed- o% )nshatte%ed b& disease- in3)%& o% othe% ca)se. It shall be s)fficient if the testato% was able at the ti(e of (akin' the will to know the nat)%e of the estate to be disposed of- the p%ope% ob3ects of his bo)nt&- and the cha%acte% of the testa(enta%& act. "n# casia ARTICLE 8;;.The law p%es)(es that e!e%& pe%son is of so)nd (ind- in the absence of p%oof to the cont%a%&. The b)%den of p%oof that the testato% was not of so)nd (ind at the ti(e of (akin' his dispositions is on the pe%son who opposes the p%obate of the will< b)t if the testato%- one (onth- o% less- befo%e (akin' his will was p)blicl& known to be insane- the pe%son who (aintains the !alidit& of the will ()st p%o!e that the testato% (ade it d)%in' a l)cid inte%!al. "n# ARTICLE 8;1.A)pe%!enin' incapacit& does not in!alidate an effecti!e will- no% is the will of an incapable !alidated b& the s)pe%!enin' of capacit&. "n#

ARTICLE 8;$.A (a%%ied wo(an (a& (ake a will witho)t the consent of he% h)sband- and witho)t the a)tho%it& of the co)%t. "n# ARTICLE 8;..A (a%%ied wo(an (a& dispose b& will of all he% sepa%ate p%ope%t& as well as he% sha%e of the con3)'al pa%tne%ship o% absol)te co(()nit& p%ope%t&. "n# A@CAECTI*N . Bo%(s of 7ills ARTICLE 8;0.E!e%& will ()st be in w%itin' and e/ec)ted in a lan')a'e o% dialect known to the testato%. "n# ARTICLE 8;1.E!e%& will- othe% than a holo'%aphic will- ()st be s)bsc%ibed at the end the%eof b& the testato% hi(self o% b& the testato%=s na(e w%itten b& so(e othe% pe%son in his p%esence- and b& his e/p%ess di%ection- and attested and s)bsc%ibed b& th%ee o% (o%e c%edible witnesses in the p%esence of the testato% and of one anothe%. The testato% o% the pe%son %e5)ested b& hi( to w%ite his na(e and the inst%)(ental witnesses of the will- shall also si'n- as afo%esaid- each and e!e%& pa'e the%eof- e/cept the last- on the left (a%'in- and all the pa'es shall be n)(be%ed co%%elati!el& in lette%s placed on the )ppe% pa%t of each pa'e. acd The attestation shall state the n)(be% of pa'es )sed )pon which the will is w%itten- and the fact that the testato% si'ned the will and e!e%& pa'e the%eof- o% ca)sed so(e othe% pe%son to w%ite his na(e- )nde% his e/p%ess di%ection- in the p%esence of the inst%)(ental witnesses- and that the latte% witnessed and si'ned the will and all the pa'es the%eof in the p%esence of the testato% and of one anothe%. If the attestation cla)se is in a lan')a'e not known to the witnesses- it shall be inte%p%eted to the(. "n# ARTICLE 8;2.E!e%& will ()st be acknowled'ed befo%e a nota%& p)blic b& the testato% and the witnesses. The nota%& p)blic shall not be %e5)i%ed to %etain a cop& of the will- o% file anothe% with the office of the Cle%k of Co)%t. "n# ARTICLE 8;4.If the testato% be deaf- o% a deaf6()te- he ()st pe%sonall& %ead the will- if able to do so< othe%wise- he shall desi'nate two pe%sons to %ead it and co(()nicate to hi(- in so(e p%acticable (anne%- the contents the%eof. "n#

ARTICLE 8;8.If the testato% is blind- the will shall be %ead to hi( twice< once- b& one of the s)bsc%ibin' witnesses- and a'ain- b& the nota%& p)blic befo%e who( the will is acknowled'ed. "n# ARTICLE 8;:.In the absence of bad faith- fo%'e%&- o% f%a)d- o% )nd)e and i(p%ope% p%ess)%e and infl)ence- defects and i(pe%fections in the fo%( of attestation o% in the lan')a'e )sed the%ein shall not %ende% the will in!alid if it is p%o!ed that the will was in fact e/ec)ted and attested in s)bstantial co(pliance with all the %e5)i%e(ents of a%ticle 8;1. "n#

ARTICLE 81;. A pe%son (a& e/ec)te a holo'%aphic will which ()st be enti%el& w%itten- dated- and si'ned b& the hand of the testato% hi(self. It is s)b3ect to no othe% fo%(- and (a& be (ade in o% o)t of the Philippines- and need not be witnessed. "248- 288a# cd i ARTICLE 811.In the p%obate of a holo'%aphic will- it shall be necessa%& that at least one witness who knows the handw%itin' and si'nat)%e of the testato% e/plicitl& decla%e that the will and the si'nat)%e a%e in the handw%itin' of the testato%. If the will is contested- at least th%ee of s)ch witnesses shall be %e5)i%ed. In the absence of an& co(petent witness %efe%%ed to in the p%ecedin' pa%a'%aphand if the co)%t dee( it necessa%&- e/pe%t testi(on& (a& be %eso%ted to. "2:1a# ARTICLE 81$.In holo'%aphic wills- the dispositions of the testato% w%itten below his si'nat)%e ()st be dated and si'ned b& hi( in o%de% to (ake the( !alid as testa(enta%& dispositions. "n# ARTICLE 81..7hen a n)(be% of dispositions appea%in' in a holo'%aphic will a%e si'ned witho)t bein' dated- and the last disposition has a si'nat)%e and a dates)ch date !alidates the dispositions p%ecedin' it- whate!e% be the ti(e of p%io% dispositions. "n# ARTICLE 810.In case of an& inse%tion- cancellation- e%as)%e o% alte%ation in a holo'%aphic will- the testato% ()st a)thenticate the sa(e b& his f)ll si'nat)%e. "n# ARTICLE 811.7hen a Bilipino is in a fo%ei'n co)nt%&- he is a)tho%i,ed to (ake a will in an& of the fo%(s established b& the law of the co)nt%& in which he (a& be. A)ch will (a& be p%obated in the Philippines. "n# ARTICLE 812.The will of an alien who is ab%oad p%od)ces effect in the Philippines if (ade with the fo%(alities p%esc%ibed b& the law of the place in which he %esides- o% acco%din' to the fo%(alities obse%!ed in his co)nt%&- o% in confo%(it& with those which this Code p%esc%ibes. "n# aisa dc

ARTICLE 814.A will (ade in the Philippines b& a citi,en o% s)b3ect of anothe% co)nt%&- which is e/ec)ted in acco%dance with the law of the co)nt%& of which he is a citi,en o% s)b3ect- and which (i'ht be p%o!ed and allowed b& the law of his own co)nt%&- shall ha!e the sa(e effect as if e/ec)ted acco%din' to the laws of the Philippines. "n# ARTICLE 818.Two o% (o%e pe%sons cannot (ake a will 3ointl&- o% in the sa(e inst%)(ent- eithe% fo% thei% %ecip%ocal benefit o% fo% the benefit of a thi%d pe%son. "22:# ARTICLE 81:.7ills- p%ohibited b& the p%ecedin' a%ticle- e/ec)ted b& Bilipinos in a fo%ei'n co)nt%& shall not be !alid in the Philippines- e!en tho)'h a)tho%i,ed b& the laws of the co)nt%& whe%e the& (a& ha!e been e/ec)ted. "4..a# A@CAECTI*N 0 7itnesses to 7ills ARTICLE 8$;.An& pe%son of so)nd (ind and of the a'e of ei'hteen &ea%s o% (o%e- and not blind- deaf o% d)(b- and able to %ead and w%ite- (a& be a witness to the e/ec)tion of a will (entioned in a%ticle 8;1 of this Code. "n# ARTICLE 8$1.The followin' a%e dis5)alified f%o( bein' witnesses to a will> "1#An& pe%son not do(iciled in the Philippines< "$#Those who ha!e been con!icted of falsification of a doc)(ent- pe%3)%& o% false testi(on&. "n# ARTICLE 8$$.If the witnesses attestin' the e/ec)tion of a will a%e co(petent at the ti(e of attestin'- thei% beco(in' s)bse5)entl& inco(petent shall not p%e!ent the allowance of the will. "n# cdasia ARTICLE 8$..If a pe%son attests the e/ec)tion of a will- to who( o% to whose spo)se- o% pa%ent- o% child- a de!ise o% le'ac& is 'i!en b& s)ch will- s)ch de!ise o% le'ac& shall- so fa% onl& as conce%ns s)ch pe%son- o% spo)se- o% pa%ent- o% child of s)ch pe%son- o% an& one clai(in' )nde% s)ch pe%son o% spo)se- o% pa%ent- o% child- be !oid- )nless the%e a%e th%ee othe% co(petent witnesses to s)ch will. Howe!e%- s)ch pe%son so attestin' shall be ad(itted as a witness as if s)ch de!ise o% le'ac& had not been (ade o% 'i!en. "n# ARTICLE 8$0.A (e%e cha%'e on the estate of the testato% fo% the pa&(ent of debts d)e at the ti(e of the testato%=s death does not p%e!ent his c%edito%s f%o( bein' co(petent witnesses to his will. "n# A@CAECTI*N 1

Codicils and Inco%po%ation b& Refe%ence ARTICLE 8$1. A codicil is a s)pple(ent o% addition to a will- (ade afte% the e/ec)tion of a will and anne/ed to be taken as a pa%t the%eof- b& which an& disposition (ade in the o%i'inal will is e/plained- added to- o% alte%ed. "n# ARTICLE 8$2.In o%de% that a codicil (a& be effecti!e- it shall be e/ec)ted as in the case of a will. "n# ARTICLE 8$4.If a will- e/ec)ted as %e5)i%ed b& this Code- inco%po%ates into itself b& %efe%ence an& doc)(ent o% pape%- s)ch doc)(ent o% pape% shall not be conside%ed a pa%t of the will )nless the followin' %e5)isites a%e p%esent> "1#The doc)(ent o% pape% %efe%%ed to in the will ()st be in e/istence at the ti(e of the e/ec)tion of the will< "$#The will ()st clea%l& desc%ibe and identif& the sa(e- statin' a(on' othe% thin's the n)(be% of pa'es the%eof< casia ".#It ()st be identified b& clea% and satisfacto%& p%oof as the doc)(ent o% pape% %efe%%ed to the%ein< and "0#It ()st be si'ned b& the testato% and the witnesses on each and e!e%& pa'ee/cept in case of !ol)(ino)s books of acco)nt o% in!ento%ies. "n# A@CAECTI*N 2 Re!ocation of 7ills and Testa(enta%& Eispositions ARTICLE 8$8.A will (a& be %e!oked b& the testato% at an& ti(e befo%e his death. An& wai!e% o% %est%iction of this %i'ht is !oid. "4.4a# ARTICLE 8$:.A %e!ocation done o)tside the Philippines- b& a pe%son who does not ha!e his do(icile in this co)nt%&- is !alid when it is done acco%din' to the law of the place whe%e the will was (ade- o% acco%din' to the law of the place in which the testato% had his do(icile at the ti(e< and if the %e!ocation takes place in this co)nt%&- when it is in acco%dance with the p%o!isions of this Code. "n# ARTICLE 8.;.No will shall be %e!oked e/cept in the followin' cases> "1#C& i(plication of law< o% "$#C& so(e will- codicil- o% othe% w%itin' e/ec)ted as p%o!ided in case of wills< o%

".#C& b)%nin'- tea%in'- cancellin'- o% oblite%atin' the will with the intention of %e!okin' it- b& the testato% hi(self- o% b& so(e othe% pe%son in his p%esence- and b& his e/p%ess di%ection. If b)%ned- to%n- cancelled- o% oblite%ated b& so(e othe% pe%son- witho)t the e/p%ess di%ection of the testato%- the will (a& still be established- and the estate dist%ib)ted in acco%dance the%ewith- if its contentsand d)e e/ec)tion- and the fact of its )na)tho%i,ed dest%)ction- cancellation- o% oblite%ation a%e established acco%din' to the R)les of Co)%t. "n# cdtai ARTICLE 8.1.A)bse5)ent wills which do not %e!oke the p%e!io)s ones in an e/p%ess (anne%- ann)l onl& s)ch dispositions in the p%io% wills as a%e inconsistent with o% cont%a%& to those contained in the late% wills. "n# ARTICLE 8.$.A %e!ocation (ade in a s)bse5)ent will shall take effect- e!en if the new will sho)ld beco(e inope%ati!e b& %eason of the incapacit& of the hei%sde!isees o% le'atees desi'nated the%ein- o% b& thei% %en)nciation. "40;a# ARTICLE 8...A %e!ocation of a will based on a false ca)se o% an ille'al ca)se is n)ll and !oid. "n# ARTICLE 8.0.The %eco'nition of an ille'iti(ate child does not lose its le'al effect- e!en tho)'h the will whe%ein it was (ade sho)ld be %e!oked. "401# A@CAECTI*N 4 Rep)blication and Re!i!al of 7ills ARTICLE 8.1.The testato% cannot %ep)blish- witho)t %ep%od)cin' in a s)bse5)ent will- the dispositions contained in a p%e!io)s one which is !oid as to its fo%(. "n# ARTICLE 8.2.The e/ec)tion of a codicil %efe%%in' to a p%e!io)s will has the effect of %ep)blishin' the will as (odified b& the codicil. "n# ARTICLE 8.4.If afte% (akin' a will- the testato% (akes a second will e/p%essl& %e!okin' the fi%st- the %e!ocation of the second will does not %e!i!e the fi%st willwhich can be %e!i!ed onl& b& anothe% will o% codicil. "4.:a# cd A@CAECTI*N 8 Allowance and Eisallowance of 7ills ARTICLE 8.8.No will shall pass eithe% %eal o% pe%sonal p%ope%t& )nless it is p%o!ed and allowed in acco%dance with the R)les of Co)%t.

The testato% hi(self (a&- d)%in' his lifeti(e- petition the co)%t ha!in' 3)%isdiction fo% the allowance of his will. In s)ch case- the pe%tinent p%o!isions of the R)les of Co)%t fo% the allowance of wills afte% the testato%=s death shall 'o!e%n. The A)p%e(e Co)%t shall fo%()late s)ch additional R)les of Co)%t as (a& be necessa%& fo% the allowance of wills on petition of the testato%. A)b3ect to the %i'ht of appeal- the allowance of the will- eithe% d)%in' the lifeti(e of the testato% o% afte% his death- shall be concl)si!e as to its d)e e/ec)tion. "n# ARTICLE 8.:.The will shall be disallowed in an& of the followin' cases> "1#If the fo%(alities %e5)i%ed b& law ha!e not been co(plied with< "$#If the testato% was insane- o% othe%wise (entall& incapable of (akin' a will- at the ti(e of its e/ec)tion< ".#If it was e/ec)ted th%o)'h fo%ce o% )nde% d)%ess- o% the infl)ence of fea%- o% th%eats< "0#If it was p%oc)%ed b& )nd)e and i(p%ope% p%ess)%e and infl)ence- on the pa%t of the beneficia%& o% of so(e othe% pe%son< acd "1#If the si'nat)%e of the testato% was p%oc)%ed b& f%a)d< "2#If the testato% acted b& (istake o% did not intend that the inst%)(ent he si'ned sho)ld be his will at the ti(e of affi/in' his si'nat)%e the%eto. "n# AECTI*N $ Instit)tion of Hei% ARTICLE 80;.Instit)tion of hei% is an act b& !i%t)e of which a testato% desi'nates in his will the pe%son o% pe%sons who a%e to s)cceed hi( in his p%ope%t& and t%ans(issible %i'hts and obli'ations. "n# ARTICLE 801.A will shall be !alid e!en tho)'h it sho)ld not contain an instit)tion of an hei%- o% s)ch instit)tion sho)ld not co(p%ise the enti%e estate- and e!en tho)'h the pe%son so instit)ted sho)ld not accept the inhe%itance o% sho)ld be incapacitated to s)cceed. In s)ch cases the testa(enta%& dispositions (ade in acco%dance with law shall be co(plied with and the %e(ainde% of the estate shall pass to the le'al hei%s. "420#

ARTICLE 80$.*ne who has no co(p)lso%& hei%s (a& dispose b& will of all his estate o% an& pa%t of it in fa!o% of an& pe%son ha!in' capacit& to s)cceed.

*ne who has co(p)lso%& hei%s (a& dispose of his estate p%o!ided he does not cont%a!ene the p%o!isions of this Code with %e'a%d to the le'iti(e of said hei%s. "42.a# ARTICLE 80..The testato% shall desi'nate the hei% b& his na(e and s)%na(eand when the%e a%e two pe%sons ha!in' the sa(e na(es- he shall indicate so(e ci%c)(stance b& which the instit)ted hei% (a& be known. E!en tho)'h the testato% (a& ha!e o(itted the na(e of the hei%- sho)ld he desi'nate hi( in s)ch (anne% that the%e can be no do)bt as to who has been instit)ted- the instit)tion shall be !alid. "44$# cdasia ARTICLE 800.An e%%o% in the na(e- s)%na(e- o% ci%c)(stances of the hei% shall not !itiate the instit)tion when it is possible- in an& othe% (anne%- to know with ce%taint& the pe%son instit)ted. If a(on' pe%sons ha!in' the sa(e na(es and s)%na(es- the%e is a si(ila%it& of ci%c)(stances in s)ch a wa& that- e!en with the )se of othe% p%oof- the pe%son instit)ted cannot be identified- none of the( shall be an hei%. "44.a# ARTICLE 801.E!e%& disposition in fa!o% of an )nknown pe%son shall be !oid)nless b& so(e e!ent o% ci%c)(stance his identit& beco(es ce%tain. Howe!e%- a disposition in fa!o% of a definite class o% '%o)p of pe%sons shall be !alid. "41;a# ARTICLE 802.Hei%s instit)ted witho)t desi'nation of sha%es shall inhe%it in e5)al pa%ts. "421# ARTICLE 804.7hen the testato% instit)tes so(e hei%s indi!id)all& and othe%s collecti!el& as when he sa&s- I desi'nate as (& hei%s A and C- and the child%en of C- those collecti!el& desi'nated shall be conside%ed as indi!id)all& instit)ted)nless it clea%l& appea%s that the intention of the testato% was othe%wise. "42:a# ARTICLE 808.If the testato% sho)ld instit)te his b%othe%s and siste%s- and he has so(e of f)ll blood and othe%s of half blood- the inhe%itance shall be dist%ib)ted e5)all& )nless a diffe%ent intention appea%s. "44;a# ARTICLE 80:.7hen the testato% calls to the s)ccession a pe%son and his child%en the& a%e all dee(ed to ha!e been instit)ted si()ltaneo)sl& and not s)ccessi!el&. "441#

ARTICLE 81;.The state(ent of a false ca)se fo% the instit)tion of an hei% shall be conside%ed as not w%itten- )nless it appea%s f%o( the will that the testato% wo)ld not ha!e (ade s)ch instit)tion if he had known the falsit& of s)ch ca)se. "424a# casia ARTICLE 811.If the testato% has instit)ted onl& one hei%- and the instit)tion is li(ited to an ali5)ot pa%t of the inhe%itance- le'al s)ccession takes place with %espect to the %e(ainde% of the estate. The sa(e %)le applies- if the testato% has instit)ted se!e%al hei%s each bein' li(ited to an ali5)ot pa%t- and all the pa%ts do not co!e% the whole inhe%itance. "n# ARTICLE 81$.If it was the intention of the testato% that the instit)ted hei%s sho)ld beco(e sole hei%s to the whole estate- o% the whole f%ee po%tion- as the case (a& be- and each of the( has been instit)ted to an ali5)ot pa%t of the inhe%itance and thei% ali5)ot pa%ts to'ethe% do not co!e% the whole inhe%itance- o% the whole f%ee po%tion- each pa%t shall be inc%eased p%opo%tionall&. "n# ARTICLE 81..If each of the instit)ted hei%s has been 'i!en an ali5)ot pa%t of the inhe%itance- and the pa%ts to'ethe% e/ceed the whole inhe%itance- o% the whole f%ee po%tion- as the case (a& be- each pa%t shall be %ed)ced p%opo%tionall&. "n# ARTICLE 810.The p%ete%ition o% o(ission of one- so(e- o% all of the co(p)lso%& hei%s in the di%ect line- whethe% li!in' at the ti(e of the e/ec)tion of the will o% bo%n afte% the death of the testato%- shall ann)l the instit)tion of hei%< b)t the de!ises and le'acies shall be !alid insofa% as the& a%e not inofficio)s. If the o(itted co(p)lso%& hei%s sho)ld die befo%e the testato%- the instit)tion shall be effect)al- witho)t p%e3)dice to the %i'ht of %ep%esentation. "810a# ARTICLE 811.The sha%e of a child o% descendant o(itted in a will ()st fi%st be taken f%o( the pa%t of the estate not disposed of b& the will- if an&< if that is not s)fficient- so ()ch as (a& be necessa%& ()st be taken p%opo%tionall& f%o( the sha%es of the othe% co(p)lso%& hei%s. "1;8;a# acd ARTICLE 812.A !ol)nta%& hei% who dies befo%e the testato% t%ans(its nothin' to his hei%s. A co(p)lso%& hei% who dies befo%e the testato%- a pe%son incapacitated to s)cceed- and one who %eno)nces the inhe%itance- shall t%ans(it no %i'ht to his own hei%s e/cept in cases e/p%essl& p%o!ided fo% in this Code. "422a# AECTI*N . A)bstit)tion of Hei%s

ARTICLE 814.A)bstit)tion is the appoint(ent of anothe% hei% so that he (a& ente% into the inhe%itance in defa)lt of the hei% o%i'inall& instit)ted. "n# ARTICLE 818.A)bstit)tion of hei%s (a& be> "1#Ai(ple o% co((on< "$#C%ief o% co(pendio)s< ".#Recip%ocal< o% "0#Bideico((issa%&. "n# ARTICLE 81:.The testato% (a& desi'nate one o% (o%e pe%sons to s)bstit)te the hei% o% hei%s instit)ted in case s)ch hei% o% hei%s sho)ld die befo%e hi(- o% sho)ld not wish- o% sho)ld be incapacitated to accept the inhe%itance. cda A si(ple s)bstit)tion- witho)t a state(ent of the cases to which it %efe%s- shall co(p%ise the th%ee (entioned in the p%ecedin' pa%a'%aph- )nless the testato% has othe%wise p%o!ided. "440# ARTICLE 82;.Two o% (o%e pe%sons (a& be s)bstit)ted fo% one< and one pe%son fo% two o% (o%e hei%s. "448# ARTICLE 821.If hei%s instit)ted in )ne5)al sha%es sho)ld be %ecip%ocall& s)bstit)ted- the s)bstit)te shall ac5)i%e the sha%e of the hei% who dies%eno)nces- o% is incapacitated- )nless it clea%l& appea%s that the intention of the testato% was othe%wise. If the%e a%e (o%e than one s)bstit)te- the& shall ha!e the sa(e sha%e in the s)bstit)tion as in the instit)tion. "44:a# ARTICLE 82$.The s)bstit)te shall be s)b3ect to the sa(e cha%'es and conditions i(posed )pon the instit)ted hei%- )nless the testato% has e/p%essl& p%o!ided the cont%a%&- o% the cha%'es o% conditions a%e pe%sonall& applicable onl& to the hei% instit)ted. "48;# ARTICLE 82..A fideico((issa%& s)bstit)tion b& !i%t)e of which the fid)cia%& o% fi%st hei% instit)ted is ent%)sted with the obli'ation to p%ese%!e and to t%ans(it to a second hei% the whole o% pa%t of the inhe%itance- shall be !alid and shall take effect- p%o!ided s)ch s)bstit)tion does not 'o be&ond one de'%ee f%o( the hei% o%i'inall& instit)ted- and p%o!ided f)%the%- that the fid)cia%& o% fi%st hei% and the second hei% a%e li!in' at the ti(e of the death of the testato%. "481a# ARTICLE 820.A fideico((issa%& s)bstit)tion can ne!e% b)%den the le'iti(e. "48$a#

ARTICLE 821.E!e%& fideico((issa%& s)bstit)tion ()st be e/p%essl& (ade in o%de% that it (a& be !alid. cdt The fid)cia%& shall be obli'ed to deli!e% the inhe%itance to the second hei%witho)t othe% ded)ctions than those which a%ise f%o( le'iti(ate e/penses- c%edits and i(p%o!e(ents- sa!e in the case whe%e the testato% has p%o!ided othe%wise. "48.# ARTICLE 822. The second hei% shall ac5)i%e a %i'ht to the s)ccession f%o( the ti(e of the testato%=s death- e!en tho)'h he sho)ld die befo%e the fid)cia%&. The %i'ht of the second hei% shall pass to his hei%s. "480# ARTICLE 824.The followin' shall not take effect> "1#Bideico((issa%& s)bstit)tions which a%e not (ade in an e/p%ess (anne%eithe% b& 'i!in' the( this na(e- o% i(posin' )pon the fid)cia%& the absol)te obli'ation to deli!e% the p%ope%t& to a second hei%< "$#P%o!isions which contain a pe%pet)al p%ohibition to alienate- and e!en a te(po%a%& one- be&ond the li(it fi/ed in a%ticle 82.< ".#Those which i(pose )pon the hei% the cha%'e of pa&in' to !a%io)s pe%sons s)ccessi!el&- be&ond the li(it p%esc%ibed in a%ticle 82.- a ce%tain inco(e o% pension< "0#Those which lea!e to a pe%son the whole o% pa%t of the he%edita%& p%ope%t& in o%de% that he (a& appl& o% in!est the sa(e acco%din' to sec%et inst%)ctions co(()nicated to hi( b& the testato%. "481a# ARTICLE 828.The n)llit& of the fideico((issa%& s)bstit)tion does not p%e3)dice the !alidit& of the instit)tion of the hei%s fi%st desi'nated< the fideico((issa%& cla)se shall si(pl& be conside%ed as not w%itten. "482# cdtai ARTICLE 82:.A p%o!ision whe%eb& the testato% lea!es to a pe%son the whole o% pa%t of the inhe%itance- and to anothe% the )s)f%)ct- shall be !alid. If he 'i!es the )s)f%)ct to !a%io)s pe%sons- not si()ltaneo)sl&- b)t s)ccessi!el&- the p%o!isions of a%ticle 82. shall appl&. "484a# ARTICLE 84;.The dispositions of the testato% decla%in' all o% pa%t of the estate inalienable fo% (o%e than twent& &ea%s a%e !oid. "n# AECTI*N 0 Conditional Testa(enta%& Eispositions and Testa(enta%& Eispositions 7ith a Te%(

ARTICLE 841.The instit)tion of an hei% (a& be (ade conditionall&- o% fo% a ce%tain p)%pose o% ca)se. "4:;a# ARTICLE 84$.The testato% cannot i(pose an& cha%'e- condition- o% s)bstit)tion whatsoe!e% )pon the le'iti(es p%esc%ibed in this Code. Aho)ld he do so- the sa(e shall be conside%ed as not i(posed. "81.a# ARTICLE 84..I(possible conditions and those cont%a%& to law o% 'ood c)sto(s shall be conside%ed as not i(posed and shall in no (anne% p%e3)dice the hei%e!en if the testato% sho)ld othe%wise p%o!ide. "4:$a# ARTICLE 840.An absol)te condition not to cont%act a fi%st o% s)bse5)ent (a%%ia'e shall be conside%ed as not w%itten )nless s)ch condition has been i(posed on the widow o% widowe% b& the deceased spo)se- o% b& the latte%=s ascendants o% descendants. Ne!e%theless- the %i'ht of )s)f%)ct- o% an allowance o% so(e pe%sonal p%estation (a& be de!ised o% be5)eathed to an& pe%son fo% the ti(e d)%in' which he o% she sho)ld %e(ain )n(a%%ied o% in widowhood. "4:.a# cdtai ARTICLE 841.An& disposition (ade )pon the condition that the hei% shall (ake so(e p%o!ision in his will in fa!o% of the testato% o% of an& othe% pe%son shall be !oid. "4:0a# ARTICLE 842.An& p)%el& potestati!e condition i(posed )pon an hei% ()st be f)lfilled b& hi( as soon as he lea%ns of the testato%=s death. This %)le shall not appl& when the condition- al%ead& co(plied with- cannot be f)lfilled a'ain. "4:1a# ARTICLE 844.If the condition is cas)al o% (i/ed- it shall be s)fficient if it happen o% be f)lfilled at an& ti(e befo%e o% afte% the death of the testato%- )nless he has p%o!ided othe%wise.

Aho)ld it ha!e e/isted o% sho)ld it ha!e been f)lfilled at the ti(e the will was e/ec)ted and the testato% was )nawa%e the%eof- it shall be dee(ed as co(plied with. If he had knowled'e the%eof- the condition shall be conside%ed f)lfilled onl& when it is of s)ch a nat)%e that it can no lon'e% e/ist o% be co(plied with a'ain. "4:2# ARTICLE 848.A disposition with a s)spensi!e te%( does not p%e!ent the instit)ted hei% f%o( ac5)i%in' his %i'hts and t%ans(ittin' the( to his hei%s e!en befo%e the a%%i!al of the te%(. "4::a#

ARTICLE 84:.If the potestati!e condition i(posed )pon the hei% is ne'ati!e- o% consists in not doin' o% not 'i!in' so(ethin'- he shall co(pl& b& 'i!in' a sec)%it& that he will not do o% 'i!e that which has been p%ohibited b& the testato%- and that in case of cont%a!ention he will %et)%n whate!e% he (a& ha!e %ecei!ed- to'ethe% with its f%)its and inte%ests. "8;;a# cda ARTICLE 88;. If the hei% be instit)ted )nde% a s)spensi!e condition o% te%(- the estate shall be placed )nde% ad(inist%ation )ntil the condition is f)lfilled- o% )ntil it beco(es ce%tain that it cannot be f)lfilled- o% )ntil the a%%i!al of the te%(. The sa(e shall be done if the hei% does not 'i!e the sec)%it& %e5)i%ed in the p%ecedin' a%ticle. "8;1a# ARTICLE 881.The appoint(ent of the ad(inist%ato% of the estate (entioned in the p%ecedin' a%ticle- as well as the (anne% of the ad(inist%ation and the %i'hts and obli'ations of the ad(inist%ato% shall be 'o!e%ned b& the R)les of Co)%t. "8;0a# ARTICLE 88$.The state(ent of the ob3ect of the instit)tion- o% the application of the p%ope%t& left b& the testato%- o% the cha%'e i(posed b& hi(- shall not be conside%ed as a condition )nless it appea%s that s)ch was his intention. That which has been left in this (anne% (a& be clai(ed at once p%o!ided that the instit)ted hei% o% his hei%s 'i!e sec)%it& fo% co(pliance with the wishes of the testato% and fo% the %et)%n of an&thin' he o% the& (a& %ecei!e- to'ethe% with its f%)its and inte%ests- if he o% the& sho)ld dis%e'a%d this obli'ation. "4:4a# ARTICLE 88..7hen witho)t the fa)lt of the hei%- an instit)tion %efe%%ed to in the p%ecedin' a%ticle cannot take effect in the e/act (anne% stated b& the testato%- it shall be co(plied with in a (anne% (ost analo'o)s to and in confo%(it& with his wishes. If the pe%son inte%ested in the condition sho)ld p%e!ent its f)lfill(ent- witho)t the fa)lt of the hei%- the condition shall be dee(ed to ha!e been co(plied with. "4:8a# ARTICLE 880.Conditions i(posed b& the testato% )pon the hei%s shall be 'o!e%ned b& the %)les established fo% conditional obli'ations in all (atte%s not p%o!ided fo% b& this Aection. "4:1a# acd ARTICLE 881.The desi'nation of the da& o% ti(e when the effects of the instit)tion of an hei% shall co((ence o% cease shall be !alid. In both cases- the le'al hei% shall be conside%ed as called to the s)ccession )ntil the a%%i!al of the pe%iod o% its e/pi%ation. C)t in the fi%st case he shall not ente%

into possession of the p%ope%t& )ntil afte% ha!in' 'i!en s)fficient sec)%it&- with the inte%!ention of the instit)ted hei%. "8;1# AECTI*N 1 Le'iti(e ARTICLE 882.Le'iti(e is that pa%t of the testato%=s p%ope%t& which he cannot dispose of beca)se the law has %ese%!ed it fo% ce%tain hei%s who a%e- the%efo%ecalled co(p)lso%& hei%s. "8;2# ARTICLE 884.The followin' a%e co(p)lso%& hei%s> "1#Le'iti(ate child%en and descendants- with %espect to thei% le'iti(ate pa%ents and ascendants< "$#In defa)lt of the fo%e'oin'- le'iti(ate pa%ents and ascendants- with %espect to thei% le'iti(ate child%en and descendants< ".#The widow o% widowe%< "0# Acknowled'ed nat)%al child%en- and nat)%al child%en b& le'al fiction< "1#*the% ille'iti(ate child%en %efe%%ed to in a%ticle $84. Co(p)lso%& hei%s (entioned in Nos. .- 0 and 1 a%e not e/cl)ded b& those in Nos. 1 and $< neithe% do the& e/cl)de one anothe%. cdtai In all cases of ille'iti(ate child%en- thei% filiation ()st be d)l& p%o!ed. The fathe% o% (othe% of ille'iti(ate child%en of the th%ee classes (entioned- shall inhe%it f%o( the( in the (anne% and to the e/tent established b& this Code. "8;4a# ARTICLE 888.The le'iti(e of le'iti(ate child%en and descendants consists of one6half of the he%edita%& estate of the fathe% and of the (othe%. The latte% (a& f%eel& dispose of the %e(ainin' half- s)b3ect to the %i'hts of ille'iti(ate child%en and of the s)%!i!in' spo)se as he%einafte% p%o!ided. "8;8a# ARTICLE 88:.The le'iti(e of le'iti(ate pa%ents o% ascendants consists of one6 half of the he%edita%& estates of thei% child%en and descendants. The child%en o% descendants (a& f%eel& dispose of the othe% half- s)b3ect to the %i'hts of ille'iti(ate child%en and of the s)%!i!in' spo)se as he%einafte% p%o!ided. "8;:a#

ARTICLE 8:;.The le'iti(e %ese%!ed fo% the le'iti(ate pa%ents shall be di!ided between the( e5)all&< if one of the pa%ents sho)ld ha!e died- the whole shall pass to the s)%!i!o%. If the testato% lea!es neithe% fathe% no% (othe%- b)t is s)%!i!ed b& ascendants of e5)al de'%ee of the pate%nal and (ate%nal lines- the le'iti(e shall be di!ided e5)all& between both lines. If the ascendants sho)ld be of diffe%ent de'%ees- it shall pe%tain enti%el& to the ones nea%est in de'%ee of eithe% line. "81;# ARTICLE 8:1.The ascendant who inhe%its f%o( his descendant an& p%ope%t& which the latte% (a& ha!e ac5)i%ed b& '%at)ito)s title f%o( anothe% ascendant- o% a b%othe% o% siste%- is obli'ed to %ese%!e s)ch p%ope%t& as he (a& ha!e ac5)i%ed b& ope%ation of law fo% the benefit of %elati!es who a%e within the thi%d de'%ee and who belon' to the line f%o( which said p%ope%t& ca(e. "841# cd i ARTICLE 8:$.If onl& one le'iti(ate child o% descendant of the deceased s)%!i!es- the widow o% widowe% shall be entitled to one6fo)%th of the he%edita%& estate. In case of a le'al sepa%ation- the s)%!i!in' spo)se (a& inhe%it if it was the deceased who had 'i!en ca)se fo% the sa(e. If the%e a%e two o% (o%e le'iti(ate child%en o% descendants- the s)%!i!in' spo)se shall be entitled to a po%tion e5)al to the le'iti(e of each of the le'iti(ate child%en o% descendants. In both cases- the le'iti(e of the s)%!i!in' spo)se shall be taken f%o( the po%tion that can be f%eel& disposed of b& the testato%. "8.0a# ARTICLE 8:..If the testato% lea!es no le'iti(ate descendants- b)t lea!es le'iti(ate ascendants- the s)%!i!in' spo)se shall ha!e a %i'ht to one6fo)%th of the he%edita%& estate. This fo)%th shall be taken f%o( the f%ee po%tion of the estate. "8.2a# ARTICLE 8:0.If the testato% lea!es ille'iti(ate child%en- the s)%!i!in' spo)se shall be entitled to one6thi%d of the he%edita%& estate of the deceased and the ille'iti(ate child%en to anothe% thi%d. The %e(ainin' thi%d shall be at the f%ee disposal of the testato%. "n# ARTICLE 8:1.The le'iti(e of each of the acknowled'ed nat)%al child%en and each of the nat)%al child%en b& le'al fiction shall consist of one6half of the le'iti(e of each of the le'iti(ate child%en o% descendants. The le'iti(e of an ille'iti(ate child who is neithe% an acknowled'ed nat)%al- no% a nat)%al child b& le'al fiction- shall be e5)al in e!e%& case to fo)%6fifths of the le'iti(e of an acknowled'ed nat)%al child. aisa dc

The le'iti(e of the ille'iti(ate child%en shall be taken f%o( the po%tion of the estate at the f%ee disposal of the testato%- p%o!ided that in no case shall the total le'iti(e of s)ch ille'iti(ate child%en e/ceed that f%ee po%tion- and that the le'iti(e of the s)%!i!in' spo)se ()st fi%st be f)ll& satisfied. "80;a# ARTICLE 8:2.Ille'iti(ate child%en who (a& s)%!i!e with le'iti(ate pa%ents o% ascendants of the deceased shall be entitled to one6fo)%th of the he%edita%& estate to be taken f%o( the po%tion at the f%ee disposal of the testato%. "801a# ARTICLE 8:4. 7hen the widow o% widowe% s)%!i!es with le'iti(ate child%en o% descendants- and acknowled'ed nat)%al child%en- o% nat)%al child%en b& le'al fiction- s)ch s)%!i!in' spo)se shall be entitled to a po%tion e5)al to the le'iti(e of each of the le'iti(ate child%en which ()st be taken f%o( that pa%t of the estate which the testato% can f%eel& dispose of. "n# ARTICLE 8:8.If the widow o% widowe% s)%!i!es with le'iti(ate child%en o% descendants- and with ille'iti(ate child%en othe% than acknowled'ed nat)%al- o% nat)%al child%en b& le'al fiction- the sha%e of the s)%!i!in' spo)se shall be the sa(e as that p%o!ided in the p%ecedin' a%ticle. "n# ARTICLE 8::.7hen the widow o% widowe% s)%!i!es with le'iti(ate pa%ents o% ascendants and with ille'iti(ate child%en- s)ch s)%!i!in' spo)se shall be entitled to one6ei'hth of the he%edita%& estate of the deceased which ()st be taken f%o( the f%ee po%tion- and the ille'iti(ate child%en shall be entitled to one6fo)%th of the estate which shall be taken also f%o( the disposable po%tion. The testato% (a& f%eel& dispose of the %e(ainin' one6ei'hth of the estate. "n# casia ARTICLE :;;.If the onl& s)%!i!o% is the widow o% widowe%- she o% he shall be entitled to one6half of the he%edita%& estate of the deceased spo)se- and the testato% (a& f%eel& dispose of the othe% half. "8.4a# If the (a%%ia'e between the s)%!i!in' spo)se and the testato% was sole(ni,ed in a%tic)lo (o%tis- and the testato% died within th%ee (onths f%o( the ti(e of the (a%%ia'e- the le'iti(e of the s)%!i!in' spo)se as the sole hei% shall be one6thi%d of the he%edita%& estate- e/cept when the& ha!e been li!in' as h)sband and wife fo% (o%e than fi!e &ea%s. In the latte% case- the le'iti(e of the s)%!i!in' spo)se shall be that specified in the p%ecedin' pa%a'%aph. "n# ARTICLE :;1.7hen the testato% dies lea!in' ille'iti(ate child%en and no othe% co(p)lso%& hei%s- s)ch ille'iti(ate child%en shall ha!e a %i'ht to one6half of the he%edita%& estate of the deceased. The othe% half shall be at the f%ee disposal of the testato%. "80$a#

ARTICLE :;$.The %i'hts of ille'iti(ate child%en set fo%th in the p%ecedin' a%ticles a%e t%ans(itted )pon thei% death to thei% descendants- whethe% le'iti(ate o% ille'iti(ate. "80.a# ARTICLE :;..The le'iti(e of the pa%ents who ha!e an ille'iti(ate child- when s)ch child lea!es neithe% le'iti(ate descendants- no% a s)%!i!in' spo)se- no% ille'iti(ate child%en- is one6half of the he%edita%& estate of s)ch ille'iti(ate child. If onl& le'iti(ate o% ille'iti(ate child%en a%e left- the pa%ents a%e not entitled to an& le'iti(e whatsoe!e%. If onl& the widow o% widowe% s)%!i!es with pa%ents of the ille'iti(ate child- the le'iti(e of the pa%ents is one6fo)%th of the he%edita%& estate of the child- and that of the s)%!i!in' spo)se also one6fo)%th of the estate. "n#

ARTICLE :;0.The testato% cannot dep%i!e his co(p)lso%& hei%s of thei% le'iti(ee/cept in cases e/p%essl& specified b& law. cdasia Neithe% can he i(pose )pon the sa(e an& b)%den- enc)(b%ance- condition- o% s)bstit)tion of an& kind whatsoe!e%. "81.a# ARTICLE :;1.E!e%& %en)nciation o% co(p%o(ise as %e'a%ds a f)t)%e le'iti(e between the pe%son owin' it and his co(p)lso%& hei%s is !oid- and the latte% (a& clai( the sa(e )pon the death of the fo%(e%< b)t the& ()st b%in' to collation whate!e% the& (a& ha!e %ecei!ed b& !i%t)e of the %en)nciation o% co(p%o(ise. "812# ARTICLE :;2.An& co(p)lso%& hei% to who( the testato% has left b& an& title less than the le'iti(e belon'in' to hi( (a& de(and that the sa(e be f)ll& satisfied. "811# ARTICLE :;4. Testa(enta%& dispositions that i(pai% o% di(inish the le'iti(e of the co(p)lso%& hei%s shall be %ed)ced on petition of the sa(e- insofa% as the& (a& be inofficio)s o% e/cessi!e. "814# ARTICLE :;8.To dete%(ine the le'iti(e- the !al)e of the p%ope%t& left at the death of the testato% shall be conside%ed- ded)ctin' all debts and cha%'es- which shall not incl)de those i(posed in the will. To the net !al)e of the he%edita%& estate- shall be added the !al)e of all donations b& the testato% that a%e s)b3ect to collation- at the ti(e he (ade the(. "818a# ARTICLE :;:.Eonations 'i!en to child%en shall be cha%'ed to thei% le'iti(e. Eonations (ade to st%an'e%s shall be cha%'ed to that pa%t of the estate of which the testato% co)ld ha!e disposed b& his last will. cdtai

Insofa% as the& (a& be inofficio)s o% (a& e/ceed the disposable po%tion- the& shall be %ed)ced acco%din' to the %)les established b& this Code. "81:a# ARTICLE :1;.Eonations which an ille'iti(ate child (a& ha!e %ecei!ed d)%in' the lifeti(e of his fathe% o% (othe%- shall be cha%'ed to his le'iti(e. Aho)ld the& e/ceed the po%tion that can be f%eel& disposed of- the& shall be %ed)ced in the (anne% p%esc%ibed b& this Code. "804a# ARTICLE :11.Afte% the le'iti(e has been dete%(ined in acco%dance with the th%ee p%ecedin' a%ticles- the %ed)ction shall be (ade as follows> "1#Eonations shall be %espected as lon' as the le'iti(e can be co!e%ed- %ed)cin' o% ann)llin'- if necessa%&- the de!ises o% le'acies (ade in the will< "$#The %ed)ction of the de!ises o% le'acies shall be p%o %ata- witho)t an& distinction whate!e%. If the testato% has di%ected that a ce%tain de!ise o% le'ac& be paid in p%efe%ence to othe%s- it shall not s)ffe% an& %ed)ction )ntil the latte% ha!e been applied in f)ll to the pa&(ent of the le'iti(e. ".#If the de!ise o% le'ac& consists of a )s)f%)ct o% life ann)it&- whose !al)e (a& be conside%ed '%eate% than that of the disposable po%tion- the co(p)lso%& hei%s (a& choose between co(pl&in' with the testa(enta%& p%o!ision and deli!e%in' to the de!isee o% le'atee the pa%t of the inhe%itance of which the testato% co)ld f%eel& dispose. "8$;a# cd ARTICLE :1$. If the de!ise s)b3ect to %ed)ction sho)ld consist of %eal p%ope%t&which cannot be con!enientl& di!ided- it shall 'o to the de!isee if the %ed)ction does not abso%b one6half of its !al)e< and in a cont%a%& case- to the co(p)lso%& hei%s< b)t the fo%(e% and the latte% shall %ei(b)%se each othe% in cash fo% what %especti!el& belon's to the(. The de!isee who is entitled to a le'iti(e (a& %etain the enti%e p%ope%t&- p%o!ided its !al)e does not e/ceed that of the disposable po%tion and of the sha%e pe%tainin' to hi( as le'iti(e. "8$1# ARTICLE :1..If the hei%s o% de!isees do not choose to a!ail the(sel!es of the %i'ht '%anted b& the p%ecedin' a%ticle- an& hei% o% de!isee who did not ha!e s)ch %i'ht (a& e/e%cise it< sho)ld the latte% not (ake )se of it- the p%ope%t& shall be sold at p)blic a)ction at the instance of an& one of the inte%ested pa%ties. "8$$# ARTICLE :10.The testato% (a& de!ise and be5)eath the f%ee po%tion as he (a& dee( fit. "n#

AECTI*N 2 Eisinhe%itance ARTICLE :11.A co(p)lso%& hei% (a&- in conse5)ence of disinhe%itance- be dep%i!ed of his le'iti(e- fo% ca)ses e/p%essl& stated b& law. "808a# ARTICLE :12.Eisinhe%itance can be effected onl& th%o)'h a will whe%ein the le'al ca)se the%efo% shall be specified. "80:# ARTICLE :14.The b)%den of p%o!in' the t%)th of the ca)se fo% disinhe%itance shall %est )pon the othe% hei%s of the testato%- if the disinhe%ited hei% sho)ld den& it. "81;# acd ARTICLE :18.Eisinhe%itance witho)t a specification of the ca)se- o% fo% a ca)se the t%)th of which- if cont%adicted- is not p%o!ed- o% which is not one of those set fo%th in this Code- shall ann)l the instit)tion of hei%s insofa% as it (a& p%e3)dice the pe%son disinhe%ited< b)t the de!ises and le'acies and othe% testa(enta%& dispositions shall be !alid to s)ch e/tent as will not i(pai% the le'iti(e. "811a# ARTICLE :1:.The followin' shall be s)fficient ca)ses fo% the disinhe%itance of child%en and descendants- le'iti(ate as well as ille'iti(ate> "1#7hen a child o% descendant has been fo)nd ')ilt& of an atte(pt a'ainst the life of the testato%- his o% he% spo)se- descendants- o% ascendants< "$#7hen a child o% descendant has acc)sed the testato% of a c%i(e fo% which the law p%esc%ibes i(p%ison(ent fo% si/ &ea%s o% (o%e- if the acc)sation has been fo)nd '%o)ndless< ".#7hen a child o% descendant has been con!icted of ad)lte%& o% conc)bina'e with the spo)se of the testato%< "0#7hen a child o% descendant b& f%a)d- !iolence- inti(idation- o% )nd)e infl)ence ca)ses the testato% to (ake a will o% to chan'e one al%ead& (ade< "1#A %ef)sal witho)t 3)stifiable ca)se to s)ppo%t the pa%ent o% ascendant who disinhe%its s)ch child o% descendant< "2#Malt%eat(ent of the testato% b& wo%d o% deed- b& the child o% descendant< "4#7hen a child o% descendant leads a dishono%able o% dis'%acef)l life< "8#Con!iction of a c%i(e which ca%%ies with it the penalt& of ci!il inte%diction. "41281.- 240a# acd

ARTICLE :$;.The followin' shall be s)fficient ca)ses fo% the disinhe%itance of pa%ents o% ascendants- whethe% le'iti(ate o% ille'iti(ate> "1#7hen the pa%ents ha!e abandoned thei% child%en o% ind)ced thei% da)'hte%s to li!e a co%%)pt o% i((o%al life- o% atte(pted a'ainst thei% !i%t)e< "$#7hen the pa%ent o% ascendant has been con!icted of an atte(pt a'ainst the life of the testato%- his o% he% spo)se- descendants- o% ascendants< ".#7hen the pa%ent o% ascendant has acc)sed the testato% of a c%i(e fo% which the law p%esc%ibes i(p%ison(ent fo% si/ &ea%s o% (o%e- if the acc)sation has been fo)nd to be false< "0#7hen the pa%ent o% ascendant has been con!icted of ad)lte%& o% conc)bina'e with the spo)se of the testato%< "1#7hen the pa%ent o% ascendant b& f%a)d- !iolence- inti(idation- o% )nd)e infl)ence ca)ses the testato% to (ake a will o% to chan'e one al%ead& (ade< "2#The loss of pa%ental a)tho%it& fo% ca)ses specified in this Code< "4#The %ef)sal to s)ppo%t the child%en o% descendants witho)t 3)stifiable ca)se< "8#An atte(pt b& one of the pa%ents a'ainst the life of the othe%- )nless the%e has been a %econciliation between the(. "412- 810- 240a# acd ARTICLE :$1.The followin' shall be s)fficient ca)ses fo% disinhe%itin' a spo)se> "1#7hen the spo)se has been con!icted of an atte(pt a'ainst the life of the testato%- his o% he% descendants- o% ascendants< "$#7hen the spo)se has acc)sed the testato% of a c%i(e fo% which the law p%esc%ibes i(p%ison(ent of si/ &ea%s o% (o%e- and the acc)sation has been fo)nd to be false< ".#7hen the spo)se b& f%a)d- !iolence- inti(idation- o% )nd)e infl)ence ca)se the testato% to (ake a will o% to chan'e one al%ead& (ade< "0#7hen the spo)se has 'i!en ca)se fo% le'al sepa%ation< "1#7hen the spo)se has 'i!en '%o)nds fo% the loss of pa%ental a)tho%it&< "2#@n3)stifiable %ef)sal to s)ppo%t the child%en o% the othe% spo)se. "412- 811240a# cda

ARTICLE :$$.A s)bse5)ent %econciliation between the offende% and the offended pe%son dep%i!es the latte% of the %i'ht to disinhe%it- and %ende%s ineffect)al an& disinhe%itance that (a& ha!e been (ade. "812# cdasia ARTICLE :$..The child%en and descendants of the pe%son disinhe%ited shall take his o% he% place and shall p%ese%!e the %i'hts of co(p)lso%& hei%s with %espect to the le'iti(e< b)t the disinhe%ited pa%ent shall not ha!e the )s)f%)ct o% ad(inist%ation of the p%ope%t& which constit)tes the le'iti(e. "814# AECTI*N 4 Le'acies and Ee!ises ARTICLE :$0.All thin's and %i'hts which a%e within the co((e%ce of (an (a& be be5)eathed o% de!ised. "821a# ARTICLE :$1.A testato% (a& cha%'e with le'acies and de!ises not onl& his co(p)lso%& hei%s b)t also the le'atees and de!isees. The latte% shall be liable fo% the cha%'e onl& to the e/tent of the !al)e of the le'ac& o% the de!ise %ecei!ed b& the(. The co(p)lso%& hei%s shall not be liable fo% the cha%'e be&ond the a(o)nt of the f%ee po%tion 'i!en the(. "818a# cd i ARTICLE :$2. 7hen the testato% cha%'es one of the hei%s with a le'ac& o% de!ise- he alone shall be bo)nd. Aho)ld he not cha%'e an&one in pa%tic)la%- all shall be liable in the sa(e p%opo%tion in which the& (a& inhe%it. "81:# ARTICLE :$4.If two o% (o%e hei%s take possession of the estate- the& shall be solida%il& liable fo% the loss o% dest%)ction of a thin' de!ised o% be5)eathed- e!en tho)'h onl& one of the( sho)ld ha!e been ne'li'ent. "n# ARTICLE :$8.The hei% who is bo)nd to deli!e% the le'ac& o% de!ise shall be liable in case of e!iction- if the thin' is indete%(inate and is indicated onl& b& its kind. "82;# ARTICLE :$:.If the testato%- hei%- o% le'atee owns onl& a pa%t of- o% an inte%est in the thin' be5)eathed- the le'ac& o% de!ise shall be )nde%stood li(ited to s)ch pa%t o% inte%est- )nless the testato% e/p%essl& decla%es that he 'i!es the thin' in its enti%et&. "820a# ARTICLE :.;.The le'ac& o% de!ise of a thin' belon'in' to anothe% pe%son is !oid- if the testato% e%%oneo)sl& belie!ed that the thin' pe%tained to hi(. C)t if the thin' be5)eathed- tho)'h not belon'in' to the testato% when he (ade the will-

afte%wa%ds beco(es his- b& whate!e% title- the disposition shall take effect. "82$a# cda

ARTICLE :.1.If the testato% o%de%s that a thin' belon'in' to anothe% be ac5)i%ed in o%de% that it be 'i!en to a le'atee o% de!isee- the hei% )pon who( the obli'ation is i(posed o% the estate ()st ac5)i%e it and 'i!e the sa(e to the le'atee o% de!isee< b)t if the owne% of the thin' %ef)ses to alienate the sa(e- o% de(ands an e/cessi!e p%ice the%efo%- the hei% o% the estate shall onl& be obli'ed to 'i!e the 3)st !al)e of the thin'. "821a# ARTICLE :.$.The le'ac& o% de!ise of a thin' which at the ti(e of the e/ec)tion of the will al%ead& belon'ed to the le'atee o% de!isee shall be ineffecti!e- e!en tho)'h anothe% pe%son (a& ha!e so(e inte%est the%ein. If the testato% e/p%essl& o%de%s that the thin' be f%eed f%o( s)ch inte%est o% enc)(b%ance- the le'ac& o% de!ise shall be !alid to that e/tent. "822a# ARTICLE :...If the thin' be5)eathed belon'ed to the le'atee o% de!isee at the ti(e of the e/ec)tion of the will- the le'ac& o% de!ise shall be witho)t effect- e!en tho)'h it (a& ha!e s)bse5)entl& alienated b& hi(. cd i If the le'atee o% de!isee ac5)i%es it '%at)ito)sl& afte% s)ch ti(e- he can clai( nothin' b& !i%t)e of the le'ac& o% de!ise< b)t if it has been ac5)i%ed b& one%o)s title he can de(and %ei(b)%se(ent f%o( the hei% o% the estate. "848a# ARTICLE :.0.If the testato% sho)ld be5)eath o% de!ise so(ethin' pled'ed o% (o%t'a'ed to sec)%e a %eco!e%able debt befo%e the e/ec)tion of the will- the estate is obli'ed to pa& the debt- )nless the cont%a%& intention appea%s. The sa(e %)le applies when the thin' is pled'ed o% (o%t'a'ed afte% the e/ec)tion of the will. An& othe% cha%'e- pe%pet)al o% te(po%a%&- with which the thin' be5)eathed is b)%dened- passes with it to the le'atee o% de!isee. "824a# ARTICLE :.1.The le'ac& of a c%edit a'ainst a thi%d pe%son o% of the %e(ission o% %elease of a debt of the le'atee shall be effecti!e onl& as %e'a%ds that pa%t of the c%edit o% debt e/istin' at the ti(e of the death of the testato%. cdt In the fi%st case- the estate shall co(pl& with the le'ac& b& assi'nin' to the le'atee all %i'hts of action it (a& ha!e a'ainst the debto%. In the second case- b& 'i!in' the le'atee an ac5)ittance- sho)ld he %e5)est one.

In both cases- the le'ac& shall co(p%ise all inte%ests on the c%edit o% debt which (a& be d)e the testato% at the ti(e of his death. "84;a# ARTICLE :.2.The le'ac& %efe%%ed to in the p%ecedin' a%ticle shall lapse if the testato%- afte% ha!in' (ade it- sho)ld b%in' an action a'ainst the debto% fo% the pa&(ent of his debt- e!en if s)ch pa&(ent sho)ld not ha!e been effected at the ti(e of his death. The le'ac& to the debto% of the thin' pled'ed b& hi( is )nde%stood to discha%'e onl& the %i'ht of pled'e. "841# casia ARTICLE :.4.A 'ene%ic le'ac& of %elease o% %e(ission of debts co(p%ises those e/istin' at the ti(e of the e/ec)tion of the will- b)t not s)bse5)ent ones. "84$# ARTICLE :.8.A le'ac& o% de!ise (ade to a c%edito% shall not be applied to his c%edit- )nless the testato% so e/p%essl& decla%es. In the latte% case- the c%edito% shall ha!e the %i'ht to collect the e/cess- if an&- of the c%edit o% of the le'ac& o% de!ise. "84.a# ARTICLE :.:.If the testato% o%de%s the pa&(ent of what he belie!es he owes b)t does not in fact owe- the disposition shall be conside%ed as not w%itten. If as %e'a%ds a specified debt (o%e than the a(o)nt the%eof is o%de%ed paid- the e/cess is not d)e- )nless a cont%a%& intention appea%s. cd The fo%e'oin' p%o!isions a%e witho)t p%e3)dice to the f)lfill(ent of nat)%al obli'ations. "n# ARTICLE :0;.In alte%nati!e le'acies o% de!ises- the choice is p%es)(ed to be left to the hei% )pon who( the obli'ation to 'i!e the le'ac& o% de!ise (a& be i(posed- o% the e/ec)to% o% ad(inist%ato% of the estate if no pa%tic)la% hei% is so obli'ed. If the hei%- le'atee o% de!isee- who (a& ha!e been 'i!en the choice- dies befo%e (akin' it- this %i'ht shall pass to the %especti!e hei%s. *nce (ade- the choice is i%%e!ocable. In the alte%nati!e le'acies o% de!ises- e/cept as he%ein p%o!ided- the p%o!isions of this Code %e')latin' obli'ations of the sa(e kind shall be obse%!ed- sa!e s)ch (odifications as (a& appea% f%o( the intention e/p%essed b& the testato%. "840a# ARTICLE :01.A le'ac& of 'ene%ic pe%sonal p%ope%t& shall be !alid e!en if the%e be no thin's of the sa(e kind in the estate.

A de!ise of indete%(inate %eal p%ope%t& shall be !alid onl& if the%e be i((o!able p%ope%t& of its kind in the estate. The %i'ht of choice shall belon' to the e/ec)to% o% ad(inist%ato% who shall co(pl& with the le'ac& b& the deli!e%& of a thin' which is neithe% of infe%io% no% of s)pe%io% 5)alit&. "841a# ARTICLE :0$.7hene!e% the testato% e/p%essl& lea!es the %i'ht of choice to the hei%- o% to the le'atee o% de!isee- the fo%(e% (a& 'i!e o% the latte% (a& choose whiche!e% he (a& p%efe%. "842a# cda ARTICLE :0..If the hei%- le'atee o% de!isee cannot (ake the choice- in case it has been '%anted hi(- his %i'ht shall pass to his hei%s< b)t a choice once (ade shall be i%%e!ocable. "844a# ARTICLE :00.A le'ac& fo% ed)cation lasts )ntil the le'atee is of a'e- o% be&ond the a'e of (a3o%it& in o%de% that the le'atee (a& finish so(e p%ofessional!ocational o% 'ene%al co)%se- p%o!ided he p)%s)es his co)%se dili'entl&. A le'ac& fo% s)ppo%t lasts d)%in' the lifeti(e of the le'atee- if the testato% has not othe%wise p%o!ided. If the testato% has not fi/ed the a(o)nt of s)ch le'acies- it shall be fi/ed in acco%dance with the social standin' and the ci%c)(stances of the le'atee and the !al)e of the estate. cd i If the testato% d)%in' his lifeti(e )sed to 'i!e the le'atee a ce%tain s)( of (one& o% othe% thin's b& wa& of s)ppo%t- the sa(e a(o)nt shall be dee(ed be5)eathed- )nless it be (a%kedl& disp%opo%tionate to the !al)e of the estate. "84:a# ARTICLE :01.If a pe%iodical pension- o% a ce%tain ann)al- (onthl&- o% weekl& a(o)nt is be5)eathed- the le'atee (a& petition the co)%t fo% the fi%st install(ent )pon the death of the testato%- and fo% the followin' ones which shall be d)e at the be'innin' of each pe%iod< s)ch pa&(ent shall not be %et)%ned- e!en tho)'h the le'atee sho)ld die befo%e the e/pi%ation of the pe%iod which has co((enced. "88;a# ARTICLE :02.If the thin' be5)eathed sho)ld be s)b3ect to a )s)f%)ct- the le'atee o% de!isee shall %espect s)ch %i'ht )ntil it is le'all& e/tin')ished. "828a# ARTICLE :04.The le'atee o% de!isee ac5)i%es a %i'ht to the p)%e and si(ple le'acies o% de!ises f%o( the death of the testato%- and t%ans(its it to his hei%s. "881a#

ARTICLE :08.If the le'ac& o% de!ise is of a specific and dete%(inate thin' pe%tainin' to the testato%- the le'atee o% de!isee ac5)i%es the owne%ship the%eof )pon the death of the testato%- as well as an& '%owin' f%)its- o% )nbo%n offsp%in' of ani(als- o% )ncollected inco(e< b)t not the inco(e which was d)e and )npaid befo%e the latte%=s death. cda B%o( the (o(ent of the testato%=s death- the thin' be5)eathed shall be at the %isk of the le'atee o% de!isee- who shall- the%efo%e- bea% its loss o% dete%io%ationand shall be benefited b& its inc%ease o% i(p%o!e(ent- witho)t p%e3)dice to the %esponsibilit& of the e/ec)to% o% ad(inist%ato%. "88$a# ARTICLE :0:.If the be5)est sho)ld not be of a specific and dete%(inate thin'b)t is 'ene%ic o% of 5)antit&- its f%)its and inte%ests f%o( the ti(e of the death of the testato% shall pe%tain to the le'atee o% de!isee if the testato% has e/p%essl& so o%de%ed. "880a# ARTICLE :1;.If the estate sho)ld not be s)fficient to co!e% all the le'acies o% de!ises- thei% pa&(ent shall be (ade in the followin' o%de%> cdasia "1#Re()ne%ato%& le'acies o% de!ises< "$#Le'acies o% de!ises decla%ed b& the testato% to be p%efe%ential< ".#Le'acies fo% s)ppo%t< "0#Le'acies fo% ed)cation< "1#Le'acies o% de!ises of a specific- dete%(inate thin' which fo%(s a pa%t of the estate< cdasia "2#All othe%s p%o %ata. "884a# ARTICLE :11.The thin' be5)eathed shall be deli!e%ed with all its accessions and accesso%ies and in the condition in which it (a& be )pon the death of the testato%. "88.a# ARTICLE :1$.The hei%- cha%'ed with a le'ac& o% de!ise- o% the e/ec)to% o% ad(inist%ato% of the estate- ()st deli!e% the !e%& thin' be5)eathed if he is able to do so and cannot discha%'e this obli'ation b& pa&in' its !al)e. Le'acies of (one& ()st be paid in cash- e!en tho)'h the hei% o% the estate (a& not ha!e an&. The e/penses necessa%& fo% the deli!e%& of the thin' be5)eathed shall be fo% the acco)nt of the hei% o% the estate- b)t witho)t p%e3)dice to the le'iti(e. "882a# acd

ARTICLE :1..The le'atee o% de!isee cannot take possession of the thin' be5)eathed )pon his own a)tho%it&- b)t shall %e5)est its deli!e%& and possession of the hei% cha%'ed with the le'ac& o% de!ise- o% of the e/ec)to% o% ad(inist%ato% of the estate sho)ld he be a)tho%i,ed b& the co)%t to deli!e% it. "881a# ARTICLE :10.The le'atee o% de!isee cannot accept a pa%t of the le'ac& o% de!ise and %ep)diate the othe%- if the latte% be one%o)s. Aho)ld he die befo%e ha!in' accepted the le'ac& o% de!ise- lea!in' se!e%al hei%sso(e of the latte% (a& accept and the othe%s (a& %ep)diate the sha%e %especti!el& belon'in' to the( in the le'ac& o% de!ise. "88:a# ARTICLE :11.The le'atee o% de!isee of two le'acies o% de!ises- one of which is one%o)s- cannot %eno)nce the one%o)s one and accept the othe%. If both a%e one%o)s o% '%at)ito)s- he shall be f%ee to accept o% %eno)nce both- o% to %eno)nce eithe%. C)t if the testato% intended that the two le'acies o% de!ises sho)ld be insepa%able f%o( each othe%- the le'atee o% de!isee ()st eithe% accept o% %eno)nce both. cdtai An& co(p)lso%& hei% who is at the sa(e ti(e a le'atee o% de!isee (a& wai!e the inhe%itance and accept the le'ac& o% de!ise- o% %eno)nce the latte% and accept the fo%(e%- o% wai!e o% accept both. "8:;a# ARTICLE :12.If the le'atee o% de!isee cannot o% is )nwillin' to accept the le'ac& o% de!ise- o% if the le'ac& o% de!ise fo% an& %eason sho)ld beco(e ineffecti!e- it shall be (e%'ed into the (ass of the estate- e/cept in cases of s)bstit)tion and of the %i'ht of acc%etion. "888a#

ARTICLE :14.The le'ac& o% de!ise shall be witho)t effect> "1#If the testato% t%ansfo%(s the thin' be5)eathed in s)ch a (anne% that it does not %etain eithe% the fo%( o% the deno(ination it had< acd "$#If the testato% b& an& title o% fo% an& ca)se alienates the thin' be5)eathed o% an& pa%t the%eof- it bein' )nde%stood that in the latte% case the le'ac& o% de!ise shall be witho)t effect onl& with %espect to the pa%t th)s alienated. If afte% the alienation the thin' sho)ld a'ain belon' to the testato%- e!en if it be b& %eason of n)llit& of the cont%act- the le'ac& o% de!ise shall not the%eafte% be !alid- )nless the %eac5)isition shall ha!e been effected b& !i%t)e of the e/e%cise of the %i'ht of %ep)%chase< ".#If the thin' be5)eathed is totall& lost d)%in' the lifeti(e of the testato%- o% afte% his death witho)t the hei%=s fa)lt. Ne!e%theless- the pe%son obli'ed to pa& the le'ac& o% de!ise shall be liable fo% e!iction if the thin' be5)eathed sho)ld not

ha!e been dete%(inate as to its kind- in acco%dance with the p%o!isions of a%ticle :$8. "82:a# ARTICLE :18.A (istake as to the na(e of the thin' be5)eathed o% de!ised- is of no conse5)ence- if it is possible to identif& the thin' which the testato% intended to be5)eath o% de!ise. "n# cda ARTICLE :1:.A disposition (ade in 'ene%al te%(s in fa!o% of the testato%=s %elati!es shall be )nde%stood to be in fa!o% of those nea%est in de'%ee. "411# CHAPTER . Le'al o% Intestate A)ccession AECTI*N 1 +ene%al P%o!isions ARTICLE :2;.Le'al o% intestate s)ccession takes place> casia "1#If a pe%son dies witho)t a will- o% with a !oid will- o% one which has s)bse5)entl& lost its !alidit&< "$#7hen the will does not instit)te an hei% to- o% dispose of all the p%ope%t& belon'in' to the testato%. In s)ch case- le'al s)ccession shall take place onl& with %espect to the p%ope%t& of which the testato% has not disposed< ".#If the s)spensi!e condition attached to the instit)tion of hei% does not happen o% is not f)lfilled- o% if the hei% dies befo%e the testato%- o% %ep)diates the inhe%itance- the%e bein' no s)bstit)tion- and no %i'ht of acc%etion takes place< "0#7hen the hei% instit)ted is incapable of s)cceedin'- e/cept in cases p%o!ided in this Code. ":1$a# ARTICLE :21.In defa)lt of testa(enta%& hei%s- the law !ests the inhe%itance- in acco%dance with the %)les he%einafte% set fo%th- in the le'iti(ate and ille'iti(ate %elati!es of the deceased- in the s)%!i!in' spo)se- and in the Atate. ":1.a# ARTICLE :2$.In e!e%& inhe%itance- the %elati!e nea%est in de'%ee e/cl)des the (o%e distant ones- sa!in' the %i'ht of %ep%esentation when it p%ope%l& takes place. Relati!es in the sa(e de'%ee shall inhe%it in e5)al sha%es- s)b3ect to the p%o!isions of a%ticle 1;;2 with %espect to %elati!es of the f)ll and half blood- and of a%ticle :84- pa%a'%aph $- conce%nin' di!ision between the pate%nal and (ate%nal lines. ":$1a#

A@CAECTI*N 1 Relationship ARTICLE :2..P%o/i(it& of %elationship is dete%(ined b& the n)(be% of 'ene%ations. Each 'ene%ation fo%(s a de'%ee. ":11# cd i ARTICLE :20.A se%ies of de'%ees fo%(s a line- which (a& be eithe% di%ect o% collate%al. A di%ect line is that constit)ted b& the se%ies of de'%ees a(on' ascendants and descendants. A collate%al line is that constit)ted b& the se%ies of de'%ees a(on' pe%sons who a%e not ascendants and descendants- b)t who co(e f%o( a co((on ancesto%. ":12a# ARTICLE :21.The di%ect line is eithe% descendin' o% ascendin'. The fo%(e% )nites the head of the fa(il& with those who descend f%o( hi(. cdt The latte% binds a pe%son with those f%o( who( he descends. ":14# ARTICLE :22.In the line- as (an& de'%ees a%e co)nted as the%e a%e 'ene%ations o% pe%sons- e/cl)din' the p%o'enito%. In the di%ect line- ascent is (ade to the co((on ancesto%. Th)s- the child is one de'%ee %e(o!ed f%o( the pa%ent- two f%o( the '%andfathe%- and th%ee f%o( the '%eat6'%andpa%ent. In the collate%al line- ascent is (ade to the co((on ancesto% and then descent is (ade to the pe%son with who( the co(p)tation is to be (ade. Th)s- a pe%son is two de'%ees %e(o!ed f%o( his b%othe%- th%ee f%o( his )ncle- who is the b%othe% of his fathe%- fo)% f%o( his fi%st co)sin- and so fo%th. ":18a# casia ARTICLE :24.B)ll blood %elationship is that e/istin' between pe%sons who ha!e the sa(e fathe% and the sa(e (othe%. Half blood %elationship is that e/istin' between pe%sons who ha!e the sa(e fathe%- b)t not the sa(e (othe%- o% the sa(e (othe%- b)t not the sa(e fathe%. ":$;a# ARTICLE :28.If the%e a%e se!e%al %elati!es of the sa(e de'%ee- and one o% so(e of the( a%e )nwillin' o% incapacitated to s)cceed- his po%tion shall acc%)e to the

othe%s of the sa(e de'%ee- sa!e the %i'ht of %ep%esentation when it sho)ld take place. ":$$# ARTICLE :2:.If the inhe%itance sho)ld be %ep)diated b& the nea%est %elati!esho)ld the%e be one onl&- o% b& all the nea%est %elati!es called b& law to s)cceedsho)ld the%e be se!e%al- those of the followin' de'%ee shall inhe%it in thei% own %i'ht and cannot %ep%esent the pe%son o% pe%sons %ep)diatin' the inhe%itance. ":$.# cdt A@CAECTI*N $ Ri'ht of Rep%esentation ARTICLE :4;.Rep%esentation is a %i'ht c%eated b& fiction of law- b& !i%t)e of which the %ep%esentati!e is %aised to the place and the de'%ee of the pe%son %ep%esented- and ac5)i%es the %i'hts which the latte% wo)ld ha!e if he we%e li!in' o% if he co)ld ha!e inhe%ited. ":$0a# ARTICLE :41.The %ep%esentati!e is called to the s)ccession b& the law and not b& the pe%son %ep%esented. The %ep%esentati!e does not s)cceed the pe%son %ep%esented b)t the one who( the pe%son %ep%esented wo)ld ha!e s)cceeded. "n# ARTICLE :4$.The %i'ht of %ep%esentation takes place in the di%ect descendin' line- b)t ne!e% in the ascendin'. In the collate%al line- it takes place onl& in fa!o% of the child%en of b%othe%s o% siste%s- whethe% the& be of the f)ll o% half blood. ":$1# cdtai ARTICLE :4..In o%de% that %ep%esentation (a& take place- it is necessa%& that the %ep%esentati!e hi(self be capable of s)cceedin' the decedent. "n# ARTICLE :40.7hene!e% the%e is s)ccession b& %ep%esentation- the di!ision of the estate shall be (ade pe% sti%pes- in s)ch (anne% that the %ep%esentati!e o% %ep%esentati!es shall not inhe%it (o%e than what the pe%son the& %ep%esent wo)ld inhe%it- if he we%e li!in' o% co)ld inhe%it. ":$2a# ARTICLE :41.7hen child%en of one o% (o%e b%othe%s o% siste%s of the deceased s)%!i!e- the& shall inhe%it f%o( the latte% b& %ep%esentation- if the& s)%!i!e with thei% )ncles o% a)nts. C)t if the& alone s)%!i!e- the& shall inhe%it in e5)al po%tions. ":$4# ARTICLE :42.A pe%son (a& %ep%esent hi( whose inhe%itance he has %eno)nced. ":$8a# ARTICLE :44.Hei%s who %ep)diate thei% sha%e (a& not be %ep%esented. ":$:a#

AECTI*N $ *%de% of Intestate A)ccession A@CAECTI*N 1 Eescendin' Ei%ect Line ARTICLE :48.A)ccession pe%tains- in the fi%st place- to the descendin' di%ect line. ":.;# ARTICLE :4:.Le'iti(ate child%en and thei% descendants s)cceed the pa%ents and othe% ascendants- witho)t distinction as to se/ o% a'e- and e!en if the& sho)ld co(e f%o( diffe%ent (a%%ia'es. cd i An adopted child s)cceeds to the p%ope%t& of the adoptin' pa%ents in the sa(e (anne% as a le'iti(ate child. ":.1a# ARTICLE :8;.The child%en of the deceased shall alwa&s inhe%it f%o( hi( in thei% own %i'ht- di!idin' the inhe%itance in e5)al sha%es. ":.$# ARTICLE :81.Aho)ld child%en of the deceased and descendants of othe% child%en who a%e dead- s)%!i!e- the fo%(e% shall inhe%it in thei% own %i'ht- and the latte% b& %i'ht of %ep%esentation. ":.0a# ARTICLE :8$.The '%andchild%en and othe% descendants shall inhe%it b& %i'ht of %ep%esentation- and if an& one of the( sho)ld ha!e died- lea!in' se!e%al hei%sthe po%tion pe%tainin' to hi( shall be di!ided a(on' the latte% in e5)al po%tions. ":..# ARTICLE :8..If ille'iti(ate child%en s)%!i!e with le'iti(ate child%en- the sha%es of the fo%(e% shall be in the p%opo%tions p%esc%ibed b& a%ticle 8:1. "n# casia ARTICLE :80.In case of the death of an adopted child- lea!in' no child%en o% descendants- his pa%ents and %elati!es b& consan')init& and not b& adoptionshall be his le'al hei%s. "n# A@CAECTI*N $ Ascendin' Ei%ect Line ARTICLE :81.In defa)lt of le'iti(ate child%en and descendants of the deceasedhis pa%ents and ascendants shall inhe%it f%o( hi(- to the e/cl)sion of collate%al %elati!es. ":.1a#

ARTICLE :82.The fathe% and (othe%- if li!in'- shall inhe%it in e5)al sha%es. Aho)ld one onl& of the( s)%!i!e- he o% she shall s)cceed to the enti%e estate of the child. ":.2# cdtai ARTICLE :84.In defa)lt of the fathe% and (othe%- the ascendants nea%est in de'%ee shall inhe%it. Aho)ld the%e be (o%e than one of e5)al de'%ee belon'in' to the sa(e line the& shall di!ide the inhe%itance pe% capita< sho)ld the& be of diffe%ent lines b)t of e5)al de'%ee- one6half shall 'o to the pate%nal and the othe% half to the (ate%nal ascendants. In each line the di!ision shall be (ade pe% capita. ":.4# A@CAECTI*N . Ille'iti(ate Child%en ARTICLE :88. In the absence of le'iti(ate descendants o% ascendants- the ille'iti(ate child%en shall s)cceed to the enti%e estate of the deceased. ":.:a# ARTICLE :8:.If- to'ethe% with ille'iti(ate child%en- the%e sho)ld s)%!i!e descendants of anothe% ille'iti(ate child who is dead- the fo%(e% shall s)cceed in thei% own %i'ht and the latte% b& %i'ht of %ep%esentation. ":0;a# cdasia ARTICLE ::;.The he%edita%& %i'hts '%anted b& the two p%ecedin' a%ticles to ille'iti(ate child%en shall be t%ans(itted )pon thei% death to thei% descendantswho shall inhe%it b& %i'ht of %ep%esentation f%o( thei% deceased '%andpa%ent. ":01a# ARTICLE ::1.If le'iti(ate ascendants a%e left- the ille'iti(ate child%en shall di!ide the inhe%itance with the(- takin' one6half of the estate- whate!e% be the n)(be% of the ascendants o% of the ille'iti(ate child%en. ":0$- 801a# ARTICLE ::$.An ille'iti(ate child has no %i'ht to inhe%it ab intestato f%o( the le'iti(ate child%en and %elati!es of his fathe% o% (othe%< no% shall s)ch child%en o% %elati!es inhe%it in the sa(e (anne% f%o( the ille'iti(ate child. ":0.a#

ARTICLE ::..If an ille'iti(ate child sho)ld die witho)t iss)e- eithe% le'iti(ate o% ille'iti(ate- his fathe% o% (othe% shall s)cceed to his enti%e estate< and if the child=s filiation is d)l& p%o!ed as to both pa%ents- who a%e both li!in'- the& shall inhe%it f%o( hi( sha%e and sha%e alike. ":00a#

ARTICLE ::0.In defa)lt of the fathe% o% (othe%- an ille'iti(ate child shall be s)cceeded b& his o% he% s)%!i!in' spo)se- who shall be entitled to the enti%e estate. If the widow o% widowe% sho)ld s)%!i!e with b%othe%s and siste%s- nephews and nieces- she o% he shall inhe%it one6half of the estate- and the latte% the othe% half. ":01a# A@CAECTI*N 0 A)%!i!in' Apo)se ARTICLE ::1.In the absence of le'iti(ate descendants and ascendants- and ille'iti(ate child%en and thei% descendants- whethe% le'iti(ate o% ille'iti(ate- the s)%!i!in' spo)se shall inhe%it the enti%e estate- witho)t p%e3)dice to the %i'hts of b%othe%s and siste%s- nephews and nieces- sho)ld the%e be an&- )nde% a%ticle 1;;1. ":02a# cdasia ARTICLE ::2.If a widow o% widowe% and le'iti(ate child%en o% descendants a%e left- the s)%!i!in' spo)se has in the s)ccession the sa(e sha%e as that of each of the child%en. "8.0a# ARTICLE ::4.7hen the widow o% widowe% s)%!i!es with le'iti(ate pa%ents o% ascendants- the s)%!i!in' spo)se shall be entitled to one6half of the estate- and the le'iti(ate pa%ents o% ascendants to the othe% half. "8.2a# ARTICLE ::8.If a widow o% widowe% s)%!i!es with ille'iti(ate child%en- s)ch widow o% widowe% shall be entitled to one6half of the inhe%itance- and the ille'iti(ate child%en o% thei% descendants- whethe% le'iti(ate o% ille'iti(ate- to the othe% half. "n# ARTICLE :::.7hen the widow o% widowe% s)%!i!es with le'iti(ate child%en o% thei% descendants and ille'iti(ate child%en o% thei% descendants- whethe% le'iti(ate o% ille'iti(ate- s)ch widow o% widowe% shall be entitled to the sa(e sha%e as that of a le'iti(ate child. "n# cdasia ARTICLE 1;;;.If le'iti(ate ascendants- the s)%!i!in' spo)se- and ille'iti(ate child%en a%e left- the ascendants shall be entitled to one6half of the inhe%itanceand the othe% half shall be di!ided between the s)%!i!in' spo)se and the ille'iti(ate child%en so that s)ch widow o% widowe% shall ha!e one6fo)%th of the estate- and the ille'iti(ate child%en the othe% fo)%th. "801a# ARTICLE 1;;1.Aho)ld b%othe%s and siste%s o% thei% child%en s)%!i!e with the widow o% widowe%- the latte% shall be entitled to one6half of the inhe%itance and the b%othe%s and siste%s o% thei% child%en to the othe% half. ":1.- 8.4a# cd

ARTICLE 1;;$.In case of a le'al sepa%ation- if the s)%!i!in' spo)se 'a!e ca)se fo% the sepa%ation- he o% she shall not ha!e an& of the %i'hts '%anted in the p%ecedin' a%ticles. "n# A@CAECTI*N 1 Collate%al Relati!es ARTICLE 1;;..If the%e a%e no descendants- ascendants- ille'iti(ate child%en- o% a s)%!i!in' spo)se- the collate%al %elati!es shall s)cceed to the enti%e estate of the deceased in acco%dance with the followin' a%ticles. ":02a# ARTICLE 1;;0.Aho)ld the onl& s)%!i!o%s be b%othe%s and siste%s of the f)ll bloodthe& shall inhe%it in e5)al sha%es. ":04# ARTICLE 1;;1.Aho)ld b%othe%s and siste%s s)%!i!e to'ethe% with nephews and nieces- who a%e the child%en of the descendant=s b%othe%s and siste%s of the f)ll blood- the fo%(e% shall inhe%it pe% capita- and the latte% pe% sti%pes. ":08# ARTICLE 1;;2.Aho)ld b%othe%s and siste%s of the f)ll blood s)%!i!e to'ethe% with b%othe%s and siste%s of the half blood- the fo%(e% shall be entitled to a sha%e do)ble that of the latte%. ":0:# ARTICLE 1;;4.In case b%othe%s and siste%s of the half blood- so(e on the fathe%=s and so(e on the (othe%=s side- a%e the onl& s)%!i!o%s- all shall inhe%it in e5)al sha%es witho)t distinction as to the o%i'in of the p%ope%t&. ":1;# ARTICLE 1;;8.Child%en of b%othe%s and siste%s of the half blood shall s)cceed pe% capita o% pe% sti%pes- in acco%dance with the %)les laid down fo% b%othe%s and siste%s of the f)ll blood. ":11# aisa dc ARTICLE 1;;:.Aho)ld the%e be neithe% b%othe%s no% siste%s- no% child%en of b%othe%s o% siste%s- the othe% collate%al %elati!es shall s)cceed to the estate. The latte% shall s)cceed witho)t distinction of lines o% p%efe%ence a(on' the( b& %eason of %elationship b& the whole blood. ":10a# ARTICLE 1;1;. The %i'ht to inhe%it ab intestato shall not e/tend be&ond the fifth de'%ee of %elationship in the collate%al line. ":11a# A@CAECTI*N 2 The Atate

ARTICLE 1;11.In defa)lt of pe%sons entitled to s)cceed in acco%dance with the p%o!isions of the p%ecedin' Aections- the Atate shall inhe%it the whole estate. ":12a# ARTICLE 1;1$.In o%de% that the Atate (a& take possession of the p%ope%t& (entioned in the p%ecedin' a%ticle- the pe%tinent p%o!isions of the R)les of Co)%t ()st be obse%!ed. ":18a# cdt ARTICLE 1;1..Afte% the pa&(ent of debts and cha%'es- the pe%sonal p%ope%t& shall be assi'ned to the ()nicipalit& o% cit& whe%e the deceased last %esided in the Philippines- and the %eal estate to the ()nicipalities o% cities- %especti!el&- in which the sa(e is sit)ated. If the deceased ne!e% %esided in the Philippines- the whole estate shall be assi'ned to the %especti!e ()nicipalities o% cities whe%e the sa(e is located. A)ch estate shall be fo% the benefit of p)blic schools- and p)blic cha%itable instit)tions and cente%s- in s)ch ()nicipalities o% cities. The co)%t shall dist%ib)te the estate as the %especti!e needs of each beneficia%& (a& wa%%ant. The co)%t- at the instance of an inte%ested pa%t&- o% on its own (otion- (a& o%de% the establish(ent of a pe%(anent t%)st- so that onl& the inco(e f%o( the p%ope%t& shall be )sed. ":12a# ARTICLE 1;10.If a pe%son le'all& entitled to the estate of the deceased appea%s and files a clai( the%eto with the co)%t within fi!e &ea%s f%o( the date the p%ope%t& was deli!e%ed to the Atate- s)ch pe%son shall be entitled to the possession of the sa(e- o% if sold- the ()nicipalit& o% cit& shall be acco)ntable to hi( fo% s)ch pa%t of the p%oceeds as (a& not ha!e been lawf)ll& spent. "n# CHAPTER 0 P%o!isions Co((on to Testate and Intestate A)ccessions AECTI*N 1 Ri'ht of Acc%etion ARTICLE 1;11.Acc%etion is a %i'ht b& !i%t)e of which- when two o% (o%e pe%sons a%e called to the sa(e inhe%itance- de!ise o% le'ac&- the pa%t assi'ned to the one who %eno)nces o% cannot %ecei!e his sha%e- o% who died befo%e the testato%- is added o% inco%po%ated to that of his co6hei%s- co6de!isees- o% co6le'atees. "n# casia ARTICLE 1;12.In o%de% that the %i'ht of acc%etion (a& take place in a testa(enta%& s)ccession- it shall be necessa%&>

"1#That two o% (o%e pe%sons be called to the sa(e inhe%itance- o% to the sa(e po%tion the%eof- p%o indi!iso< and "$#That one of the pe%sons th)s called die befo%e the testato%- o% %eno)nce the inhe%itance- o% be incapacitated to %ecei!e it. ":8$a# ARTICLE 1;14.The wo%ds one6half fo% each o% in e5)al sha%es o% an& othe%s which- tho)'h desi'natin' an ali5)ot pa%t- do not identif& it b& s)ch desc%iption as shall (ake each hei% the e/cl)si!e owne% of dete%(inate p%ope%t&- shall not e/cl)de the %i'ht of acc%etion. In case of (one& o% f)n'ible 'oods- if the sha%e of each hei% is not ea%(a%kedthe%e shall be a %i'ht of acc%etion. ":8.a# ARTICLE 1;18.In le'al s)ccession the sha%e of the pe%son who %ep)diates the inhe%itance shall alwa&s acc%)e to his co6hei%s. ":81# ARTICLE 1;1:.The hei%s to who( the po%tion 'oes b& the %i'ht of acc%etion take it in the sa(e p%opo%tion that the& inhe%it. "n# cdtai ARTICLE 1;$;.The hei%s to who( the inhe%itance acc%)es shall s)cceed to all the %i'hts and obli'ations which the hei% who %eno)nced o% co)ld not %ecei!e it wo)ld ha!e had. ":80# ARTICLE 1;$1.A(on' the co(p)lso%& hei%s the %i'ht of acc%etion shall take place onl& when the f%ee po%tion is left to two o% (o%e of the(- o% to an& one of the( and to a st%an'e%. Aho)ld the pa%t %ep)diated be the le'iti(e- the othe% co6hei%s shall s)cceed to it in thei% own %i'ht- and not b& the %i'ht of acc%etion. ":81# ARTICLE 1;$$.In testa(enta%& s)ccession- when the %i'ht of acc%etion does not take place- the !acant po%tion of the instit)ted hei%s- if no s)bstit)te has been desi'nated- shall pass to the le'al hei%s of the testato%- who shall %ecei!e it with the sa(e cha%'es and obli'ations. ":82# cd ARTICLE 1;$..Acc%etion shall also take place a(on' de!isees- le'atees and )s)f%)ct)a%ies )nde% the sa(e conditions established fo% hei%s. ":84a# AECTI*N $ Capacit& to A)cceed b& 7ill o% b& Intestac& ARTICLE 1;$0.Pe%sons not incapacitated b& law (a& s)cceed b& will o% ab intestato.

The p%o!isions %elatin' to incapacit& b& will a%e e5)all& applicable to intestate s)ccession. "400- :10# ARTICLE 1;$1.In o%de% to be capacitated to inhe%it- the hei%- de!isee o% le'atee ()st be li!in' at the (o(ent the s)ccession opens- e/cept in case of %ep%esentation- when it is p%ope%. cdt A child al%ead& concei!ed at the ti(e of the death of the decedent is capable of s)cceedin' p%o!ided it be bo%n late% )nde% the conditions p%esc%ibed in a%ticle 01. "n# ARTICLE 1;$2.A testa(enta%& disposition (a& be (ade to the Atate- p%o!inces()nicipal co%po%ations- p%i!ate co%po%ations- o%'ani,ations- o% associations fo% %eli'io)s- scientific- c)lt)%al- ed)cational- o% cha%itable p)%poses. All othe% co%po%ations o% entities (a& s)cceed )nde% a will- )nless the%e is a p%o!ision to the cont%a%& in thei% cha%te% o% the laws of thei% c%eation- and alwa&s s)b3ect to the sa(e. "402a# ARTICLE 1;$4.The followin' a%e incapable of s)cceedin'> "1#The p%iest who hea%d the confession of the testato% d)%in' his last illness- o% the (iniste% of the 'ospel who e/tended spi%it)al aid to hi( d)%in' the sa(e pe%iod< "$#The %elati!es of s)ch p%iest o% (iniste% of the 'ospel within the fo)%th de'%eethe ch)%ch- o%de%- chapte%- co(()nit&- o%'ani,ation- o% instit)tion to which s)ch p%iest o% (iniste% (a& belon'< ".#A ')a%dian with %espect to testa(enta%& dispositions 'i!en b& a wa%d in his fa!o% befo%e the final acco)nts of the ')a%dianship ha!e been app%o!ed- e!en if the testato% sho)ld die afte% the app%o!al the%eof< ne!e%theless- an& p%o!ision (ade b& the wa%d in fa!o% of the ')a%dian when the latte% is his ascendantdescendant- b%othe%- siste%- o% spo)se- shall be !alid<

"0#An& attestin' witness to the e/ec)tion of a will- the spo)se- pa%ents- o% child%en- o% an& one clai(in' )nde% s)ch witness- spo)se- pa%ents- o% child%en< "1#An& ph&sician- s)%'eon- n)%se- health office% o% d%)''ist who took ca%e of the testato% d)%in' his last illness< aisa dc "2#Indi!id)als- associations and co%po%ations not pe%(itted b& law to inhe%it. "40141$- 41.- 410a#

ARTICLE 1;$8. The p%ohibitions (entioned in a%ticle 4.:- conce%nin' donations inte% !i!os shall appl& to testa(enta%& p%o!isions. "n# ARTICLE 1;$:.Aho)ld the testato% dispose of the whole o% pa%t of his p%ope%t& fo% p%a&e%s and pio)s wo%ks fo% the benefit of his so)l- in 'ene%al te%(s and witho)t specif&in' its application- the e/ec)to%- with the co)%t=s app%o!al shall deli!e% one6half the%eof o% its p%oceeds to the ch)%ch o% deno(ination to which the testato% (a& belon'- to be )sed fo% s)ch p%a&e%s and pio)s wo%ks- and the othe% half to the Atate- fo% the p)%poses (entioned in a%ticle 1;1.. "404a# ARTICLE 1;.;.Testa(enta%& p%o!isions in fa!o% of the poo% in 'ene%al- witho)t desi'nation of pa%tic)la% pe%sons o% of an& co(()nit&- shall be dee(ed li(ited to the poo% li!in' in the do(icile of the testato% at the ti(e of his death- )nless it sho)ld clea%l& appea% that his intention was othe%wise. The desi'nation of the pe%sons who a%e to be conside%ed as poo% and the dist%ib)tion of the p%ope%t& shall be (ade b& the pe%son appointed b& the testato% fo% the p)%pose< in defa)lt of s)ch pe%son- b& the e/ec)to%- and sho)ld the%e be no e/ec)to%- b& the 3)stice of the peace- the (a&o%- and the ()nicipal t%eas)%e%who shall decide b& a (a3o%it& of !otes all 5)estions that (a& a%ise. In all these cases- the app%o!al of the Co)%t of Bi%st Instance shall be necessa%&. The p%ecedin' pa%a'%aph shall appl& when the testato% has disposed of his p%ope%t& in fa!o% of the poo% of a definite localit&. "40:a# ARTICLE 1;.1.A testa(enta%& p%o!ision in fa!o% of a dis5)alified pe%son- e!en tho)'h (ade )nde% the ')ise of an one%o)s cont%act- o% (ade th%o)'h an inte%(edia%&- shall be !oid. "411# cdtai ARTICLE 1;.$.The followin' a%e incapable of s)cceedin' b& %eason of )nwo%thiness> "1#Pa%ents who ha!e abandoned thei% child%en o% ind)ced thei% da)'hte%s to lead a co%%)pt o% i((o%al life- o% atte(pted a'ainst thei% !i%t)e< "$#An& pe%son who has been con!icted of an atte(pt a'ainst the life of the testato%- his o% he% spo)se- descendants- o% ascendants< ".#An& pe%son who has acc)sed the testato% of a c%i(e fo% which the law p%esc%ibes i(p%ison(ent fo% si/ &ea%s o% (o%e- if the acc)sation has been fo)nd '%o)ndless< "0#An& hei% of f)ll a'e who- ha!in' knowled'e of the !iolent death of the testato%sho)ld fail to %epo%t it to an office% of the law within a (onth- )nless the

a)tho%ities ha!e al%ead& taken action< this p%ohibition shall not appl& to cases whe%ein- acco%din' to law- the%e is no obli'ation to (ake an acc)sation< "1#An& pe%son con!icted of ad)lte%& o% conc)bina'e with the spo)se of the testato%< "2#An& pe%son who b& f%a)d- !iolence- inti(idation- o% )nd)e infl)ence sho)ld ca)se the testato% to (ake a will o% to chan'e one al%ead& (ade< "4#An& pe%son who b& the sa(e (eans p%e!ents anothe% f%o( (akin' a will- o% f%o( %e!okin' one al%ead& (ade- o% who s)pplants- conceals- o% alte%s the latte%=s will< cdtai "8#An& pe%son who falsifies o% fo%'es a s)pposed will of the decedent. "412- 24.240a# ARTICLE 1;...The ca)ses of )nwo%thiness shall be witho)t effect if the testato% had knowled'e the%eof at the ti(e he (ade the will- o% if- ha!in' known of the( s)bse5)entl&- he sho)ld condone the( in w%itin'. "414a# ARTICLE 1;.0.In o%de% to 3)d'e the capacit& of the hei%- de!isee o% le'atee- his 5)alification at the ti(e of the death of the decedent shall be the c%ite%ion. In cases fallin' )nde% Nos. $- .- o% 1 of a%ticle 1;.$- it shall be necessa%& to wait )ntil final 3)d'(ent is %ende%ed- and in the case fallin' )nde% No. 0- the e/pi%ation of the (onth allowed fo% the %epo%t. If the instit)tion- de!ise o% le'ac& sho)ld be conditional- the ti(e of the co(pliance with the condition shall also be conside%ed. "418a# ARTICLE 1;.1.If the pe%son e/cl)ded f%o( the inhe%itance b& %eason of incapacit& sho)ld be a child o% descendant of the decedent and sho)ld ha!e child%en o% descendants- the latte% shall ac5)i%e his %i'ht to the le'iti(e. The pe%son so e/cl)ded shall not en3o& the )s)f%)ct and ad(inist%ation of the p%ope%t& th)s inhe%ited b& his child%en. "421a# ARTICLE 1;.2.Alienations of he%edita%& p%ope%t&- and acts of ad(inist%ation pe%fo%(ed b& the e/cl)ded hei%- befo%e the 3)dicial o%de% of e/cl)sion- a%e !alid as to the thi%d pe%sons who acted in 'ood faith< b)t the co6hei%s shall ha!e a %i'ht to %eco!e% da(a'es f%o( the dis5)alified hei%. "n# casia ARTICLE 1;.4.The )nwo%th& hei% who is e/cl)ded f%o( the s)ccession has a %i'ht to de(and inde(nit& fo% an& e/penses inc)%%ed in the p%ese%!ation of the he%edita%& p%ope%t&- and to enfo%ce s)ch c%edits as he (a& ha!e a'ainst the estate. "n#

ARTICLE 1;.8.An& pe%son incapable of s)ccession- who- dis%e'a%din' the p%ohibition stated in the p%ecedin' a%ticles- ente%ed into the possession of the he%edita%& p%ope%t&- shall be obli'ed to %et)%n it to'ethe% with its accessions. He shall be liable fo% all the f%)its and %ents he (a& ha!e %ecei!ed- o% co)ld ha!e %ecei!ed th%o)'h the e/e%cise of d)e dili'ence. "42;a# ARTICLE 1;.:.Capacit& to s)cceed is 'o!e%ned b& the law of the nation of the decedent. "n# ARTICLE 1;0;.The action fo% a decla%ation of incapacit& and fo% the %eco!e%& of the inhe%itance- de!ise o% le'ac& shall be b%o)'ht within fi!e &ea%s f%o( the ti(e the dis5)alified pe%son took possession the%eof. It (a& be b%o)'ht b& an& one who (a& ha!e an inte%est in the s)ccession. "42$a# AECTI*N . Acceptance and Rep)diation of the Inhe%itance ARTICLE 1;01.The acceptance o% %ep)diation of the inhe%itance is an act which is p)%el& !ol)nta%& and f%ee. ":88# ARTICLE 1;0$.The effects of the acceptance o% %ep)diation shall alwa&s %et%oact to the (o(ent of the death of the decedent. ":8:# cdasia ARTICLE 1;0..No pe%son (a& accept o% %ep)diate an inhe%itance )nless he is ce%tain of the death of the pe%son f%o( who( he is to inhe%it- and of his %i'ht to the inhe%itance. "::1# ARTICLE 1;00.An& pe%son ha!in' the f%ee disposal of his p%ope%t& (a& accept o% %ep)diate an inhe%itance. An& inhe%itance left to (ino%s o% incapacitated pe%sons (a& be accepted b& thei% pa%ents o% ')a%dians. Pa%ents o% ')a%dians (a& %ep)diate the inhe%itance left to thei% wa%ds onl& b& 3)dicial a)tho%i,ation. The %i'ht to accept an inhe%itance left to the poo% shall belon' to the pe%sons desi'nated b& the testato% to dete%(ine the beneficia%ies and dist%ib)te the p%ope%t&- o% in thei% defa)lt- to those (entioned in a%ticle 1;.;. "::$a# ARTICLE 1;01. The lawf)l %ep%esentati!es of co%po%ations- associationsinstit)tions and entities 5)alified to ac5)i%e p%ope%t& (a& accept an& inhe%itance left to the latte%- b)t in o%de% to %ep)diate it- the app%o!al of the co)%t shall be necessa%&. "::.a#

ARTICLE 1;02.P)blic official establish(ents can neithe% accept no% %ep)diate an inhe%itance witho)t the app%o!al of the 'o!e%n(ent. "::0# ARTICLE 1;04.A (a%%ied wo(an of a'e (a& %ep)diate an inhe%itance witho)t the consent of he% h)sband. "::1a# ARTICLE 1;08.Eeaf6()tes who can %ead and w%ite (a& accept o% %ep)diate the inhe%itance pe%sonall& o% th%o)'h an a'ent. Aho)ld the& not be able to %ead and w%ite- the inhe%itance shall be accepted b& thei% ')a%dians. These ')a%dians (a& %ep)diate the sa(e with 3)dicial app%o!al. "::2a# acd ARTICLE 1;0:.Acceptance (a& be e/p%ess o% tacit. An e/p%ess acceptance ()st be (ade in a p)blic o% p%i!ate doc)(ent. A tacit acceptance is one %es)ltin' f%o( acts b& which the intention to accept is necessa%il& i(plied- o% which one wo)ld ha!e no %i'ht to do e/cept in the capacit& of an hei%. Acts of (e%e p%ese%!ation o% p%o!isional ad(inist%ation do not i(pl& an acceptance of the inhe%itance if- th%o)'h s)ch acts- the title o% capacit& of an hei% has not been ass)(ed. ":::a# ARTICLE 1;1;.An inhe%itance is dee(ed accepted> "1#If the hei%s sells- donates- o% assi'ns his %i'ht to a st%an'e%- o% to his co6hei%so% to an& of the(< cd i "$#If the hei% %eno)nces the sa(e- e!en tho)'h '%at)ito)sl&- fo% the benefit of one o% (o%e of his co6hei%s< ".#If he %eno)nces it fo% a p%ice in fa!o% of all his co6hei%s indisc%i(inatel&< b)t if this %en)nciation sho)ld be '%at)ito)s- and the co6hei%s in whose fa!o% it is (ade a%e those )pon who( the po%tion %eno)nced sho)ld de!ol!e b& !i%t)e of acc%etion- the inhe%itance shall not be dee(ed as accepted. "1;;;# ARTICLE 1;11.The %ep)diation of an inhe%itance shall be (ade in a p)blic o% a)thentic inst%)(ent- o% b& petition p%esented to the co)%t ha!in' 3)%isdiction o!e% the testa(enta%& o% intestate p%oceedin's. "1;;8# ARTICLE 1;1$.If the hei% %ep)diates the inhe%itance to the p%e3)dice of his own c%edito%s- the latte% (a& petition the co)%t to a)tho%i,e the( to accept it in the na(e of the hei%. cd The acceptance shall benefit the c%edito%s onl& to an e/tent s)fficient to co!e% the a(o)nt of thei% c%edits. The e/cess- sho)ld the%e be an&- shall in no case pe%tain

to the %eno)nce%- b)t shall be ad3)dicated to the pe%sons to who(- in acco%dance with the %)les established in this Code- it (a& belon'. "1;;1# ARTICLE 1;1..If the hei% sho)ld die witho)t ha!in' accepted o% %ep)diated the inhe%itance his %i'ht shall be t%ans(itted to his hei%s. "1;;2# ARTICLE 1;10.Aho)ld the%e be se!e%al hei%s called to the inhe%itance- so(e of the( (a& accept and the othe%s (a& %ep)diate it. "1;;4a# ARTICLE 1;11.If a pe%son- who is called to the sa(e inhe%itance as an hei% b& will and ab intestato- %ep)diates the inhe%itance in his capacit& as a testa(enta%& hei%- he is )nde%stood to ha!e %ep)diated it in both capacities. Aho)ld he %ep)diate it as an intestate hei%- witho)t knowled'e of his bein' a testa(enta%& hei%- he (a& still accept it in the latte% capacit&. "1;;:#

ARTICLE 1;12.The acceptance o% %ep)diation of an inhe%itance- once (ade- is i%%e!ocable- and cannot be i(p)'ned- e/cept when it was (ade th%o)'h an& of the ca)ses that !itiate consent- o% when an )nknown will appea%s. "::4# ARTICLE 1;14.7ithin thi%t& da&s afte% the co)%t has iss)ed an o%de% fo% the dist%ib)tion of the estate in acco%dance with the R)les of Co)%t- the hei%sde!isees and le'atees shall si'nif& to the co)%t ha!in' 3)%isdiction whethe% the& accept o% %ep)diate the inhe%itance. cd If the& do not do so within that ti(e- the& a%e dee(ed to ha!e accepted the inhe%itance. "n# AECTI*N 0 E/ec)to%s and Ad(inist%ato%s ARTICLE 1;18.All (atte%s %elatin' to the appoint(ent- powe%s and d)ties of e/ec)to%s and ad(inist%ato%s and conce%nin' the ad(inist%ation of estates of deceased pe%sons shall be 'o!e%ned b& the R)les of Co)%t. "n# ARTICLE 1;1:.If the assets of the estate of a decedent which can be applied to the pa&(ent of debts a%e not s)fficient fo% that p)%pose- the p%o!isions of a%ticles $$.: to $$11 on P%efe%ence of C%edits shall be obse%!ed- p%o!ided that the e/penses %efe%%ed to in a%ticle $$00- No. 8- shall be those in!ol!ed in the ad(inist%ation of the decedent=s estate. "n# ARTICLE 1;2;.A co%po%ation o% association a)tho%i,ed to cond)ct the b)siness of a t%)st co(pan& in the Philippines (a& be appointed as an e/ec)to%-

ad(inist%ato%- ')a%dian of an estate- o% t%)stee- in like (anne% as an indi!id)al< b)t it shall not be appointed ')a%dian of the pe%son of a wa%d. "n# AECTI*N 1 Collation ARTICLE 1;21.E!e%& co(p)lso%& hei%- who s)cceeds with othe% co(p)lso%& hei%s- ()st b%in' into the (ass of the estate an& p%ope%t& o% %i'ht which he (a& ha!e %ecei!ed f%o( the decedent- d)%in' the lifeti(e of the latte%- b& wa& of donation- o% an& othe% '%at)ito)s title- in o%de% that it (a& be co(p)ted in the dete%(ination of the le'iti(e of each hei%- and in the acco)nt of the pa%tition. "1;.1a# aisa dc ARTICLE 1;2$. Collation shall not take place a(on' co(p)lso%& hei%s if the dono% sho)ld ha!e so e/p%essl& p%o!ided- o% if the donee sho)ld %ep)diate the inhe%itance- )nless the donation sho)ld be %ed)ced as inofficio)s. "1;.2# ARTICLE 1;2..P%ope%t& left b& will is not dee(ed s)b3ect to collation- if the testato% has not othe%wise p%o!ided- b)t the le'iti(e shall in an& case %e(ain )ni(pai%ed. "1;.4# ARTICLE 1;20.7hen '%andchild%en- who s)%!i!e with thei% )ncles- a)nts- o% co)sins- inhe%it f%o( thei% '%andpa%ents in %ep%esentation of thei% fathe% o% (othe%- the& shall b%in' to collation all that thei% pa%ents- if ali!e- wo)ld ha!e been obli'ed to b%in'- e!en tho)'h s)ch '%andchild%en ha!e not inhe%ited the p%ope%t&. The& shall also b%in' to collation all that the& (a& ha!e %ecei!ed f%o( the decedent d)%in' his lifeti(e- )nless the testato% has p%o!ided othe%wise- in which case his wishes ()st be %espected- if the le'iti(e of the co6hei%s is not p%e3)diced. "1;.8# ARTICLE 1;21.Pa%ents a%e not obli'ed to b%in' to collation in the inhe%itance of thei% ascendants an& p%ope%t& which (a& ha!e been donated b& the latte% to thei% child%en. "1;.:# cdtai ARTICLE 1;22.Neithe% shall donations to the spo)se of the child be b%o)'ht to collation< b)t if the& ha!e been 'i!en b& the pa%ent to the spo)ses 3ointl&- the child shall be obli'ed to b%in' to collation one6half of the thin' donated. "1;0;# ARTICLE 1;24. E/penses fo% s)ppo%t- ed)cation- (edical attendance- e!en in e/t%ao%dina%& illness- app%enticeship- o%dina%& e5)ip(ent- o% c)sto(a%& 'ifts a%e not s)b3ect to collation. "1;01#

ARTICLE 1;28. E/penses inc)%%ed b& the pa%ents in 'i!in' thei% child%en a p%ofessional- !ocational o% othe% ca%ee% shall not be b%o)'ht to collation )nless the pa%ents so p%o!ide- o% )nless the& i(pai% the le'iti(e< b)t when thei% collation is %e5)i%ed- the s)( which the child wo)ld ha!e spent if he had li!ed in the ho)se and co(pan& of his pa%ents shall be ded)cted the%ef%o(. "1;0$a# casia ARTICLE 1;2:. An& s)(s paid b& a pa%ent in satisfaction of the debts of his child%en- election e/penses- fines- and si(ila% e/penses shall be b%o)'ht to collation. "1;0.a# ARTICLE 1;4;. 7eddin' 'ifts b& pa%ents and ascendants consistin' of 3ewel%&clothin'- and o)tfit- shall not be %ed)ced as inofficio)s e/cept insofa% as the& (a& e/ceed one6tenth of the s)( which is disposable b& will. "1;00# ARTICLE 1;41. The sa(e thin's donated a%e not to be b%o)'ht to collation and pa%tition- b)t onl& thei% !al)e at the ti(e of the donation- e!en tho)'h thei% 3)st !al)e (a& not then ha!e been assessed. Thei% s)bse5)ent inc%ease o% dete%io%ation and e!en thei% total loss o% dest%)ction- be it accidental o% c)lpable- shall be fo% the benefit o% acco)nt and %isk of the donee. "1;01a# ARTICLE 1;4$. In the collation of a donation (ade b& both pa%ents- one6half shall be b%o)'ht to the inhe%itance of the fathe%- and the othe% half- to that of the (othe%. That 'i!en b& one alone shall be b%o)'ht to collation in his o% he% inhe%itance. "1;02a# ARTICLE 1;4.. The donee=s sha%e of the estate shall be %ed)ced b& an a(o)nt e5)al to that al%ead& %ecei!ed b& hi(< and his co6hei%s shall %ecei!e an e5)i!alent- as ()ch as possible- in p%ope%t& of the sa(e nat)%e- class and 5)alit&. "1;04# cdt ARTICLE 1;40. Aho)ld the p%o!isions of the p%ecedin' a%ticle be i(p%acticable- if the p%ope%t& donated was i((o!able- the co6hei%s shall be entitled to %ecei!e its e5)i!alent in cash o% sec)%ities- at the %ate of 5)otation< and sho)ld the%e be neithe% cash no% (a%ketable sec)%ities in the estate- so ()ch of the othe% p%ope%t& as (a& be necessa%& shall be sold at p)blic a)ction. If the p%ope%t& donated was (o!able- the co6hei%s shall onl& ha!e a %i'ht to select an e5)i!alent of othe% pe%sonal p%ope%t& of the inhe%itance at its 3)st p%ice. "1;08# ARTICLE 1;41.The f%)its and inte%est of the p%ope%t& s)b3ect to collation shall not pe%tain to the estate e/cept f%o( the da& on which the s)ccession is opened.

Bo% the p)%pose of asce%tainin' thei% a(o)nt- the f%)its and inte%est of the p%ope%t& of the estate of the sa(e kind and 5)alit& as that s)b3ect to collation shall be (ade the standa%d of assess(ent. "1;0:# casia ARTICLE 1;42.The co6hei%s a%e bo)nd to %ei(b)%se to the donee the necessa%& e/penses which he has inc)%%ed fo% the p%ese%!ation of the p%ope%t& donated to hi(- tho)'h the& (a& not ha!e a)'(ented its !al)e. The donee who collates in kind an i((o!able- which has been 'i!en to hi(()st be %ei(b)%sed b& his co6hei%s fo% the i(p%o!e(ents which ha!e inc%eased the !al)e of the p%ope%t&- and which e/ist at the ti(e the pa%tition is effected. As to wo%ks (ade on the estate fo% the (e%e pleas)%e of the donee- no %ei(b)%se(ent is d)e hi( fo% the(< he has- howe!e%- the %i'ht to %e(o!e the(- if he can do so witho)t in3)%in' the estate. "n# ARTICLE 1;44.Aho)ld an& 5)estion a%ise a(on' the co6hei%s )pon the obli'ation to b%in' to collation o% as to the thin's which a%e s)b3ect to collationthe dist%ib)tion of the estate shall not be inte%%)pted fo% this %eason- p%o!ided ade5)ate sec)%it& is 'i!en. "1;1;# casia AECTI*N 2 Pa%tition and Eist%ib)tion of the Estate A@CAECTI*N 1 Pa%tition ARTICLE 1;48.7he%e the%e a%e two o% (o%e hei%s- the whole estate of the decedent is- befo%e its pa%tition- owned in co((on b& s)ch hei%s- s)b3ect to the pa&(ent of debts of the deceased. "n# cdasia ARTICLE 1;4:.Pa%tition- in 'ene%al- is the sepa%ation- di!ision and assi'n(ent of a thin' held in co((on a(on' those to who( it (a& belon'. The thin' itself (a& be di!ided- o% its !al)e. "n# ARTICLE 1;8;.Aho)ld a pe%son (ake a pa%tition of his estate b& an act inte% !i!os- o% b& will- s)ch pa%tition shall be %espected- insofa% as it does not p%e3)dice the le'iti(e of the co(p)lso%& hei%s. A pa%ent who- in the inte%est of his o% he% fa(il&- desi%es to keep an& a'%ic)lt)%alind)st%ial- o% (an)fact)%in' ente%p%ise intact- (a& a!ail hi(self of the %i'ht '%anted hi( in this a%ticle- b& o%de%in' that the le'iti(e of the othe% child%en to who( the p%ope%t& is not assi'ned- be paid in cash. "1;12a# aisa dc

ARTICLE 1;81.A pe%son (a&- b& an act inte% !i!os o% (o%tis ca)sa- int%)st the (e%e powe% to (ake the pa%tition afte% his death to an& pe%son who is not one of the co6hei%s. The p%o!isions of this and of the p%ecedin' a%ticle shall be obse%!ed e!en sho)ld the%e be a(on' the co6hei%s a (ino% o% a pe%son s)b3ect to ')a%dianship< b)t the (andato%&- in s)ch case- shall (ake an in!ento%& of the p%ope%t& of the estateafte% notif&in' the co6hei%s- the c%edito%s- and the le'atees o% de!isees. "1;14a# ARTICLE 1;8$.E!e%& act which is intended to p)t an end to indi!ision a(on' co6 hei%s and le'atees o% de!isees is dee(ed to be a pa%tition- altho)'h it sho)ld p)%po%t to be a sale- an e/chan'e- a co(p%o(ise- o% an& othe% t%ansaction. "n# ARTICLE 1;8..E!e%& co6hei% has a %i'ht to de(and the di!ision of the estate )nless the testato% sho)ld ha!e e/p%essl& fo%bidden its pa%tition- in which case the pe%iod of indi!ision shall not e/ceed twent& &ea%s as p%o!ided in a%ticle 0:0. This powe% of the testato% to p%ohibit di!ision applies to the le'iti(e. E!en tho)'h fo%bidden b& the testato%- the co6owne%ship te%(inates when an& of the ca)ses fo% which pa%tne%ship is dissol!ed takes place- o% when the co)%t finds fo% co(pellin' %easons that di!ision sho)ld be o%de%ed- )pon petition of one of the co6hei%s. "1;11a# ARTICLE 1;80.?ol)nta%& hei%s )pon who( so(e condition has been i(posed cannot de(and a pa%tition )ntil the condition has been f)lfilled< b)t the othe% co6 hei%s (a& de(and it b& 'i!in' s)fficient sec)%it& fo% the %i'hts which the fo%(e% (a& ha!e in case the condition sho)ld be co(plied with< and )ntil it is known that the condition has not been f)lfilled o% can ne!e% be co(plied with- the pa%tition shall be )nde%stood to be p%o!isional. "1;10a# cda ARTICLE 1;81.In the pa%tition of the estate- e5)alit& shall be obse%!ed as fa% as possible- di!idin' the p%ope%t& into lots- o% assi'nin' to each of the co6hei%s thin's of the sa(e nat)%e- 5)alit& and kind. "1;21#

ARTICLE 1;82.Aho)ld a thin' be indi!isible- o% wo)ld be ()ch i(pai%ed b& its bein' di!ided- it (a& be ad3)dicated to one of the hei%s- p%o!ided he shall pa& the othe%s the e/cess in cash. Ne!e%theless- if an& of the hei%s sho)ld de(and that the thin' be sold at p)blic a)ction and that st%an'e%s be allowed to bid- this ()st be done. "1;2$# ARTICLE 1;84.In the pa%tition the co6hei%s shall %ei(b)%se one anothe% fo% the inco(e and f%)its which each one of the( (a& ha!e %ecei!ed f%o( an& p%ope%t&

of the estate- fo% an& )sef)l and necessa%& e/penses (ade )pon s)ch p%ope%t&and fo% an& da(a'e the%eto th%o)'h (alice o% ne'lect. "1;2.# ARTICLE 1;88.Aho)ld an& of the hei%s sell his he%edita%& %i'hts to a st%an'e% befo%e the pa%tition- an& o% all of the co6hei%s (a& be s)b%o'ated to the %i'hts of the p)%chase% b& %ei(b)%sin' hi( fo% the p%ice of the sale- p%o!ided the& do so within the pe%iod of one (onth f%o( the ti(e the& we%e notified in w%itin' of the sale b& the !endo%. "1;24a# ARTICLE 1;8:.The titles of ac5)isition o% owne%ship of each p%ope%t& shall be deli!e%ed to the co6hei% to who( said p%ope%t& has been ad3)dicated. "1;21a# ARTICLE 1;:;.7hen the title co(p%ises two o% (o%e pieces of land which ha!e been assi'ned to two o% (o%e co6hei%s- o% when it co!e%s one piece of land which has been di!ided between two o% (o%e co6hei%s- the title shall be deli!e%ed to the one ha!in' the la%'est inte%est- and a)thentic copies of the title shall be f)%nished to the othe% co6hei%s at the e/pense of the estate. If the inte%est of each co6hei% sho)ld be the sa(e- the oldest shall ha!e the title. "1;22a# cda A@CAECTI*N $ Effects of Pa%tition ARTICLE 1;:1.A pa%tition le'all& (ade confe%s )pon each hei% the e/cl)si!e owne%ship of the p%ope%t& ad3)dicated to hi(. "1;28# ARTICLE 1;:$.Afte% the pa%tition has been (ade- the co6hei%s shall be %ecip%ocall& bo)nd to wa%%ant the title to- and the 5)alit& of- each p%ope%t& ad3)dicated. "1;2:a# ARTICLE 1;:..The %ecip%ocal obli'ation of wa%%ant& %efe%%ed to in the p%ecedin' a%ticle shall be p%opo%tionate to the %especti!e he%edita%& sha%es of the co6hei%sb)t if an& one of the( sho)ld be insol!ent- the othe% co6hei%s shall be liable fo% his pa%t in the sa(e p%opo%tion- ded)ctin' the pa%t co%%espondin' to the one who sho)ld be inde(nified. Those who pa& fo% the insol!ent hei% shall ha!e a %i'ht of action a'ainst hi( fo% %ei(b)%se(ent- sho)ld his financial condition i(p%o!e. "1;41# ARTICLE 1;:0.An action to enfo%ce the wa%%ant& a(on' co6hei%s ()st be b%o)'ht within ten &ea%s f%o( the date the %i'ht of action acc%)es. "n# ARTICLE 1;:1.If a c%edit sho)ld be assi'ned as collectible- the co6hei%s shall not be liable fo% the s)bse5)ent insol!enc& of the debto% of the estate- b)t onl& fo% his insol!enc& at the ti(e the pa%tition is (ade.

The wa%%ant& of the sol!enc& of the debto% can onl& be enfo%ced d)%in' the fi!e &ea%s followin' the pa%tition. cda Co6hei%s do not wa%%ant bad debts- if so known to- and accepted b&- the dist%ib)tee. C)t if s)ch debts a%e not assi'ned to a co6hei%- and sho)ld be collected- in whole o% in pa%t- the a(o)nt collected shall be dist%ib)ted p%opo%tionatel& a(on' the hei%s. "1;4$a# ARTICLE 1;:2.The obli'ation of wa%%ant& a(on' co6hei%s shall cease in the followin' cases> "1#7hen the testato% hi(self has (ade the pa%tition- )nless it appea%s- o% it (a& be %easonabl& p%es)(ed- that his intention was othe%wise- b)t the le'iti(e shall alwa&s %e(ain )ni(pai%ed< "$#7hen it has been so e/p%essl& stip)lated in the a'%ee(ent of pa%tition- )nless the%e has been bad faith< ".#7hen the e!iction is d)e to a ca)se s)bse5)ent to the pa%tition- o% has been ca)sed b& the fa)lt of the dist%ib)tee of the p%ope%t&. "1;4;a# A@CAECTI*N . Rescission and N)llit& of Pa%tition ARTICLE 1;:4.A pa%tition (a& be %escinded o% ann)lled fo% the sa(e ca)ses as cont%acts. "1;4.a# ARTICLE 1;:8.A pa%tition- 3)dicial o% e/t%a63)dicial- (a& also be %escinded on acco)nt of lesion- when an& one of the co6hei%s %ecei!ed thin's whose !al)e is less- b& at least one6fo)%th- than the sha%e to which he is entitled- conside%in' the !al)e of the thin's at the ti(e the& we%e ad3)dicated. "1;40a# aisa dc ARTICLE 1;::.The pa%tition (ade b& the testato% cannot be i(p)'ned on the '%o)nd of lesion- e/cept when the le'iti(e of the co(p)lso%& hei%s is the%eb& p%e3)diced- o% when it appea%s o% (a& %easonabl& be p%es)(ed- that the intention of the testato% was othe%wise. "1;41# ARTICLE 11;;.The action fo% %escission on acco)nt of lesion shall p%esc%ibe afte% fo)% &ea%s f%o( the ti(e the pa%tition was (ade. "1;42# ARTICLE 11;1.The hei% who is s)ed shall ha!e the option of inde(nif&in' the plaintiff fo% the loss- o% consentin' to a new pa%tition. Inde(nit& (a& be (ade b& pa&(ent in cash o% b& the deli!e%& of a thin' of the sa(e kind and 5)alit& as that awa%ded to the plaintiff.

If a new pa%tition is (ade- it shall affect neithe% those who ha!e not been p%e3)diced no% those ha!e not %ecei!ed (o%e than thei% 3)st sha%e. "1;44a# ARTICLE 11;$.An hei% who has alienated the whole o% a conside%able pa%t of the %eal p%ope%t& ad3)dicated to hi( cannot (aintain an action fo% %escission on the '%o)nd of lesion- b)t he shall ha!e a %i'ht to be inde(nified in cash. "1;48a# ARTICLE 11;..The o(ission of one o% (o%e ob3ects o% sec)%ities of the inhe%itance shall not ca)se the %escission of the pa%tition on the '%o)nd of lesionb)t the pa%tition shall be co(pleted b& the dist%ib)tion of the ob3ects o% sec)%ities which ha!e been o(itted. "1;4:a# ARTICLE 11;0.A pa%tition (ade with p%ete%ition of an& of the co(p)lso%& hei%s shall not be %escinded- )nless it be p%o!ed that the%e was bad faith o% f%a)d on the pa%t of the othe% pe%sons inte%ested< b)t the latte% shall be p%opo%tionatel& obli'ed to pa& to the pe%son o(itted the sha%e which belon's to hi(. "1;8;# cdasia ARTICLE 11;1.A pa%tition which incl)des a pe%son belie!ed to be an hei%- b)t who is not- shall be !oid onl& with %espect to s)ch pe%son. "1;81a# TITLE ? P%esc%iption CHAPTER 1 +ene%al P%o!isions ARTICLE 11;2.C& p%esc%iption- one ac5)i%es owne%ship and othe% %eal %i'hts th%o)'h the lapse of ti(e in the (anne% and )nde% the conditions laid down b& law. In the sa(e wa&- %i'hts and actions a%e lost b& p%esc%iption. "1:.;a# ARTICLE 11;4.Pe%sons who a%e capable of ac5)i%in' p%ope%t& o% %i'hts b& the othe% le'al (odes (a& ac5)i%e the sa(e b& (eans of p%esc%iption. Mino%s and othe% incapacitated pe%sons (a& ac5)i%e p%ope%t& o% %i'hts b& p%esc%iption- eithe% pe%sonall& o% th%o)'h thei% pa%ents- ')a%dians o% le'al %ep%esentati!es. "1:.1a# ARTICLE 11;8.P%esc%iption- both ac5)isiti!e and e/tincti!e- %)ns a'ainst>

"1#Mino%s and othe% incapacitated pe%sons who ha!e pa%ents- ')a%dians o% othe% le'al %ep%esentati!es< "$# Absentees who ha!e ad(inist%ato%s- eithe% appointed b& the( befo%e thei% disappea%ance- o% appointed b& the co)%ts< aisa dc ".#Pe%sons li!in' ab%oad- who ha!e (ana'e%s o% ad(inist%ato%s< "0#9)%idical pe%sons- e/cept the Atate and its s)bdi!isions. Pe%sons who a%e dis5)alified f%o( ad(iniste%in' thei% p%ope%t& ha!e a %i'ht to clai( da(a'es f%o( thei% le'al %ep%esentati!es whose ne'li'ence has been the ca)se of p%esc%iption. "1:.$a# ARTICLE 11;:.P%esc%iption does not %)n between h)sband and wife- e!en tho)'h the%e be a sepa%ation of p%ope%t& a'%eed )pon in the (a%%ia'e settle(ents o% b& 3)dicial dec%ee. Neithe% does p%esc%iption %)n between pa%ents and child%en- d)%in' the (ino%it& o% insanit& of the latte%- and between ')a%dian and wa%d d)%in' the contin)ance of the ')a%dianship. "n# ARTICLE 111;.P%esc%iption- ac5)isiti!e and e/tincti!e- %)ns in fa!o% of- o% a'ainst a (a%%ied wo(an. "n# acd ARTICLE 1111.P%esc%iption obtained b& a co6p%op%ieto% o% a co6owne% shall benefit the othe%s. "1:..# ARTICLE 111$.Pe%sons with capacit& to alienate p%ope%t& (a& %eno)nce p%esc%iption al%ead& obtained- b)t not the %i'ht to p%esc%ibe in the f)t)%e. P%esc%iption is dee(ed to ha!e been tacitl& %eno)nced when the %en)nciation %es)lts f%o( acts which i(pl& the abandon(ent of the %i'ht ac5)i%ed. "1:.1# ARTICLE 111..All thin's which a%e within the co((e%ce of (en a%e s)sceptible of p%esc%iption- )nless othe%wise p%o!ided. P%ope%t& of the Atate o% an& of its s)bdi!isions not pat%i(onial in cha%acte% shall not be the ob3ect of p%esc%iption. "1:.2a# ARTICLE 1110.C%edito%s and all othe% pe%sons inte%ested in (akin' the p%esc%iption effecti!e (a& a!ail the(sel!es the%eof notwithstandin' the e/p%ess o% tacit %en)nciation b& the debto% o% p%op%ieto%. "1:.4# cdasia ARTICLE 1111.The p%o!isions of the p%esent Title a%e )nde%stood to be witho)t p%e3)dice to what in this Code o% in special laws is established with %espect to specific cases of p%esc%iption. "1:.8#

ARTICLE 1112.P%esc%iption al%ead& %)nnin' befo%e the effecti!it& of this Code shall be 'o!e%ned b& laws p%e!io)sl& in fo%ce< b)t if since the ti(e this Code took effect the enti%e pe%iod he%ein %e5)i%ed fo% p%esc%iption sho)ld elapse- the p%esent Code shall be applicable- e!en tho)'h b& the fo%(e% laws a lon'e% pe%iod (i'ht be %e5)i%ed. "1:.:# CHAPTER $ P%esc%iption of *wne%ship and *the% Real Ri'hts ARTICLE 1114.Ac5)isiti!e p%esc%iption of do(inion and othe% %eal %i'hts (a& be o%dina%& o% e/t%ao%dina%&. *%dina%& ac5)isiti!e p%esc%iption %e5)i%es possession of thin's in 'ood faith and with 3)st title fo% the ti(e fi/ed b& law. "1:0;a# ARTICLE 1118.Possession has to be in the concept of an owne%- p)blicpeacef)l and )ninte%%)pted. "1:01# ARTICLE 111:.Acts of possesso%& cha%acte% e/ec)ted in !i%t)e of license o% b& (e%e tole%ance of the owne% shall not be a!ailable fo% the p)%poses of possession. "1:0$# ARTICLE 11$;.Possession is inte%%)pted fo% the p)%poses of p%esc%iptionnat)%all& o% ci!ill&. "1:0.# ARTICLE 11$1.Possession is nat)%all& inte%%)pted when th%o)'h an& ca)se it sho)ld cease fo% (o%e than one &ea%. The old possession is not %e!i!ed if a new possession sho)ld be e/e%cised b& the sa(e ad!e%se clai(ant. "1:00a#

ARTICLE 11$$.If the nat)%al inte%%)ption is fo% onl& one &ea% o% less- the ti(e elapsed shall be co)nted in fa!o% of the p%esc%iption. "n# ARTICLE 11$..Ci!il inte%%)ption is p%od)ced b& 3)dicial s)((ons to the possesso%. "1:01a# cda ARTICLE 11$0.9)dicial s)((ons shall be dee(ed not to ha!e been iss)ed and shall not 'i!e %ise to inte%%)ption> "1#If it sho)ld be !oid fo% lack of le'al sole(nities<

"$#If the plaintiff sho)ld desist f%o( the co(plaint o% sho)ld allow the p%oceedin's to lapse< ".#If the possesso% sho)ld be absol!ed f%o( the co(plaint. In all these cases- the pe%iod of the inte%%)ption shall be co)nted fo% the p%esc%iption. "1:02a# acd ARTICLE 11$1.An& e/p%ess o% tacit %eco'nition which the possesso% (a& (ake of the owne%=s %i'ht also inte%%)pts possession. "1:08# ARTICLE 11$2.A'ainst a title %eco%ded in the Re'ist%& of P%ope%t&- o%dina%& p%esc%iption of owne%ship o% %eal %i'hts shall not take place to the p%e3)dice of a thi%d pe%son- e/cept in !i%t)e of anothe% title also %eco%ded< and the ti(e shall be'in to %)n f%o( the %eco%din' of the latte%. As to lands %e'iste%ed )nde% the Land Re'ist%ation Act- the p%o!isions of that special law shall 'o!e%n. "1:0:a# ARTICLE 11$4.The 'ood faith of the possesso% consists in the %easonable belief that the pe%son f%o( who( he %ecei!ed the thin' was the owne% the%eof- and co)ld t%ans(it his owne%ship. "1:1;a# acd ARTICLE 11$8.The conditions of 'ood faith %e5)i%ed fo% possession in a%ticles 1$2- 1$4- 1$8- and 1$: of this Code a%e likewise necessa%& fo% the dete%(ination of 'ood faith in the p%esc%iption of owne%ship and othe% %eal %i'hts. "1:11# ARTICLE 11$:.Bo% the p)%poses of p%esc%iption- the%e is 3)st title when the ad!e%se clai(ant ca(e into possession of the p%ope%t& th%o)'h one of the (odes %eco'ni,ed b& law fo% the ac5)isition of owne%ship o% othe% %eal %i'hts- b)t the '%anto% was not the owne% o% co)ld not t%ans(it an& %i'ht. "n# ARTICLE 11.;.The title fo% p%esc%iption ()st be t%)e and !alid. "1:1.# ARTICLE 11.1.Bo% the p)%poses of p%esc%iption- 3)st title ()st be p%o!ed< it is ne!e% p%es)(ed. "1:10a# ARTICLE 11.$.The owne%ship of (o!ables p%esc%ibes th%o)'h )ninte%%)pted possession fo% fo)% &ea%s in 'ood faith. cdasia The owne%ship of pe%sonal p%ope%t& also p%esc%ibes th%o)'h )ninte%%)pted possession fo% ei'ht &ea%s- witho)t need of an& othe% condition. 7ith %e'a%d to the %i'ht of the owne% to %eco!e% pe%sonal p%ope%t& lost o% of which he has been ille'all& dep%i!ed- as well as with %espect to (o!ables ac5)i%ed in a

p)blic sale- fai%- o% (a%ket- o% f%o( a (e%chant=s sto%e the p%o!isions of a%ticles 11: and 11;1 of this Code shall be obse%!ed. "1:11a# ARTICLE 11...Mo!ables possessed th%o)'h a c%i(e can ne!e% be ac5)i%ed th%o)'h p%esc%iption b& the offende%. "1:12a# ARTICLE 11.0. *wne%ship and othe% %eal %i'hts o!e% i((o!able p%ope%t& a%e ac5)i%ed b& o%dina%& p%esc%iption th%o)'h possession of ten &ea%s. "1:14a# ARTICLE 11.1.In case the ad!e%se clai(ant possesses b& (istake an a%ea '%eate%- o% less- than that e/p%essed in his title- p%esc%iption shall be based on the possession. "n# ARTICLE 11.2.Possession in wa%ti(e- when the ci!il co)%ts a%e not open- shall not be co)nted in fa!o% of the ad!e%se clai(ant. "n# ARTICLE 11.4.*wne%ship and othe% %eal %i'hts o!e% i((o!ables also p%esc%ibe th%o)'h )ninte%%)pted ad!e%se possession the%eof fo% thi%t& &ea%s- witho)t need of title o% of 'ood faith. "1:1:a# ARTICLE 11.8.In the co(p)tation of ti(e necessa%& fo% p%esc%iption the followin' %)les shall be obse%!ed> "1#The p%esent possesso% (a& co(plete the pe%iod necessa%& fo% p%esc%iption b& tackin' his possession to that of his '%anto% o% p%edecesso% in inte%est< "$#It is p%es)(ed that the p%esent possesso% who was also the possesso% at a p%e!io)s ti(e- has contin)ed to be in possession d)%in' the inte%!enin' ti(e)nless the%e is p%oof to the cont%a%&< aisa dc ".#The fi%st da& shall be e/cl)ded and the last da& incl)ded. "1:2;a# CHAPTER . P%esc%iption of Actions ARTICLE 11.:.Actions p%esc%ibe b& the (e%e lapse of ti(e fi/ed b& law. "1:21# ARTICLE 110;.Actions to %eco!e% (o!ables shall p%esc%ibe ei'ht &ea%s f%o( the ti(e the possession the%eof is lost- )nless the possesso% has ac5)i%ed the owne%ship b& p%esc%iption fo% a less pe%iod- acco%din' to a%ticles 11.$- and witho)t p%e3)dice to the p%o!isions of a%ticles 11:- 11;1- and 11... "1:2$a# cd ARTICLE 1101.Real actions o!e% i((o!ables p%esc%ibe afte% thi%t& &ea%s.

This p%o!ision is witho)t p%e3)dice to what is established fo% the ac5)isition of owne%ship and othe% %eal %i'hts b& p%esc%iption. "1:2.# ARTICLE 110$.A (o%t'a'e action p%esc%ibes afte% ten &ea%s. "1:20a# ARTICLE 110..The followin' %i'hts- a(on' othe%s specified elsewhe%e in this Code- a%e not e/tin')ished b& p%esc%iption> "1#To de(and a %i'ht of wa&- %e')lated in a%ticle 20:< "$#To b%in' an action to abate a p)blic o% p%i!ate n)isance. "n# ARTICLE 1100.The followin' actions ()st be b%o)'ht within ten &ea%s f%o( the ti(e the %i'ht of action acc%)es> cd i "1#@pon a w%itten cont%act< "$#@pon an obli'ation c%eated b& law< ".#@pon a 3)d'(ent. "n# ARTICLE 1101.The followin' actions ()st be co((enced within si/ &ea%s> "1#@pon an o%al cont%act< "$#@pon a 5)asi6cont%act. "n# ARTICLE 1102.The followin' actions ()st be instit)ted within fo)% &ea%s> "1#@pon an in3)%& to the %i'hts of the plaintiff< "$#@pon a 5)asi6delict< "n# ARTICLE 1104.The followin' actions ()st be filed within one &ea%> "1#Bo% fo%cible ent%& and detaine%< "$#Bo% defa(ation. "n# cdasia ARTICLE 1108.The li(itations of action (entioned in a%ticles 110; to 110$- and 1100 to 1104 a%e witho)t p%e3)dice to those specified in othe% pa%ts of this Codein the Code of Co((e%ce- and in special laws. "n# ARTICLE 110:.All othe% actions whose pe%iods a%e not fi/ed in this Code o% in othe% laws ()st be b%o)'ht within fi!e &ea%s f%o( the ti(e the %i'ht of action acc%)es. "n#

ARTICLE 111;.The ti(e fo% p%esc%iption fo% all kinds of actions- when the%e is no special p%o!ision which o%dains othe%wise- shall be co)nted f%o( the da& the& (a& be b%o)'ht. "1:2:# ARTICLE 1111.The ti(e fo% the p%esc%iption of actions which ha!e fo% thei% ob3ect the enfo%ce(ent of obli'ations to pa& p%incipal with inte%est o% ann)it& %)ns f%o( the last pa&(ent of the ann)it& o% of the inte%est. "1:4;a# ARTICLE 111$.The pe%iod fo% p%esc%iption of actions to de(and the f)lfill(ent of obli'ation decla%ed b& a 3)d'(ent co((ences f%o( the ti(e the 3)d'(ent beca(e final. "1:41# ARTICLE 111..The pe%iod fo% p%esc%iption of actions to de(and acco)ntin' %)ns f%o( the da& the pe%sons who sho)ld %ende% the sa(e cease in thei% f)nctions. The pe%iod fo% the action a%isin' f%o( the %es)lt of the acco)ntin' %)ns f%o( the date when said %es)lt was %eco'ni,ed b& a'%ee(ent of the inte%ested pa%ties. "1:4$# ARTICLE 1110.The pe%iod d)%in' which the obli'ee was p%e!ented b& a fo%t)ito)s e!ent f%o( enfo%cin' his %i'ht is not %eckoned a'ainst hi(. "n# aisa dc ARTICLE 1111.The p%esc%iption of actions is inte%%)pted when the& a%e filed befo%e the co)%t- when the%e is a w%itten e/t%a3)dicial de(and b& the c%edito%sand when the%e is an& w%itten acknowled'(ent of the debt b& the debto%. "1:4.a# C**D I? *bli'ations and Cont%acts TITLE I *bli'ations CHAPTER 1 +ene%al P%o!isions ARTICLE 1112.An obli'ation is a 3)%idical necessit& to 'i!e- to do o% not to do. "n# acd ARTICLE 1114.*bli'ations a%ise f%o(> "1#Law<

"$#Cont%acts< ".#G)asi6cont%acts< "0#Acts o% o(issions p)nished b& law< and "1#G)asi6delicts. "1;8:a# ARTICLE 1118.*bli'ations de%i!ed f%o( law a%e not p%es)(ed. *nl& those e/p%essl& dete%(ined in this Code o% in special laws a%e de(andable- and shall be %e')lated b& the p%ecepts of the law which establishes the(< and as to what has not been fo%eseen- b& the p%o!isions of this Cook. "1;:;# casia ARTICLE 111:.*bli'ations a%isin' f%o( cont%acts ha!e the fo%ce of law between the cont%actin' pa%ties and sho)ld be co(plied with in 'ood faith. "1;:1a# ARTICLE 112;.*bli'ations de%i!ed f%o( 5)asi6cont%acts shall be s)b3ect to the p%o!isions of Chapte% 1- Title F?II- of this Cook. "n# ARTICLE 1121.Ci!il obli'ations a%isin' f%o( c%i(inal offenses shall be 'o!e%ned b& the penal laws- s)b3ect to the p%o!isions of a%ticle $144- and of the pe%tinent p%o!isions of Chapte% $- P%eli(ina%& Title- on H)(an Relations- and of Title F?III of this Cook- %e')latin' da(a'es. "1;:$a# ARTICLE 112$.*bli'ations de%i!ed f%o( 5)asi6delicts shall be 'o!e%ned b& the p%o!isions of Chapte% $- Title F?II of this Cook- and b& special laws. "1;:.a# CHAPTER $ Nat)%e and Effect of *bli'ations ARTICLE 112..E!e%& pe%son obli'ed to 'i!e so(ethin' is also obli'ed to take ca%e of it with the p%ope% dili'ence of a 'ood fathe% of a fa(il&- )nless the law o% the stip)lation of the pa%ties %e5)i%es anothe% standa%d of ca%e. "1;:0a# ARTICLE 1120.The c%edito% has a %i'ht to the f%)its of the thin' f%o( the ti(e the obli'ation to deli!e% it a%ises. Howe!e%- he shall ac5)i%e no %eal %i'ht o!e% it )ntil the sa(e has been deli!e%ed to hi(. "1;:1# cd i ARTICLE 1121.7hen what is to be deli!e%ed is a dete%(inate thin'- the c%edito%in addition to the %i'ht '%anted hi( b& a%ticle 114;- (a& co(pel the debto% to (ake the deli!e%&. If the thin' is indete%(inate o% 'ene%ic- he (a& ask that the obli'ation be co(plied with at the e/pense of the debto%.

If the obli'o% dela&s- o% has p%o(ised to deli!e% the sa(e thin' to two o% (o%e pe%sons who do not ha!e the sa(e inte%est- he shall be %esponsible fo% an& fo%t)ito)s e!ent )ntil he has effected the deli!e%&. "1;:2# ARTICLE 1122.The obli'ation to 'i!e a dete%(inate thin' incl)des that of deli!e%in' all its accessions and accesso%ies- e!en tho)'h the& (a& not ha!e been (entioned. "1;:4a# ARTICLE 1124.If a pe%son obli'ed to do so(ethin' fails to do it- the sa(e shall be e/ec)ted at his cost. This sa(e %)le shall be obse%!ed if he does it in cont%a!ention of the teno% of the obli'ation. B)%the%(o%e- it (a& be dec%eed that what has been poo%l& done be )ndone. "1;:8#

ARTICLE 1128.7hen the obli'ation consists in not doin'- and the obli'o% does what has been fo%bidden hi(- it shall also be )ndone at his e/pense. "1;::a# ARTICLE 112:.Those obli'ed to deli!e% o% to do so(ethin' inc)% in dela& f%o( the ti(e the obli'ee 3)diciall& o% e/t%a3)diciall& de(ands f%o( the( the f)lfill(ent of thei% obli'ation. Howe!e%- the de(and b& the c%edito% shall not be necessa%& in o%de% that dela& (a& e/ist> cdtai "1#7hen the obli'ation o% the law e/p%essl& so decla%e< o% "$#7hen f%o( the nat)%e and the ci%c)(stances of the obli'ation it appea%s that the desi'nation of the ti(e when the thin' is to be deli!e%ed o% the se%!ice is to be %ende%ed was a cont%ollin' (oti!e fo% the establish(ent of the cont%act< o% ".#7hen de(and wo)ld be )seless- as when the obli'o% has %ende%ed it be&ond his powe% to pe%fo%(. In %ecip%ocal obli'ations- neithe% pa%t& inc)%s in dela& if the othe% does not co(pl& o% is not %ead& to co(pl& in a p%ope% (anne% with what is inc)(bent )pon hi(. B%o( the (o(ent one of the pa%ties f)lfills his obli'ation- dela& b& the othe% be'ins. "11;;a# ARTICLE 114;. Those who in the pe%fo%(ance of thei% obli'ations a%e ')ilt& of f%a)d- ne'li'ence- o% dela&- and those who in an& (anne% cont%a!ene the teno% the%eof- a%e liable fo% da(a'es. "11;1# cd

ARTICLE 1141.Responsibilit& a%isin' f%o( f%a)d is de(andable in all obli'ations. An& wai!e% of an action fo% f)t)%e f%a)d is !oid. "11;$a# ARTICLE 114$.Responsibilit& a%isin' f%o( ne'li'ence in the pe%fo%(ance of e!e%& kind of obli'ation is also de(andable- b)t s)ch liabilit& (a& be %e')lated b& the co)%ts- acco%din' to the ci%c)(stances. "11;.# ARTICLE 114..The fa)lt o% ne'li'ence of the obli'o% consists in the o(ission of that dili'ence which is %e5)i%ed b& the nat)%e of the obli'ation and co%%esponds with the ci%c)(stances of the pe%sons- of the ti(e and of the place. 7hen ne'li'ence shows bad faith- the p%o!isions of a%ticles 1141 and $$;1- pa%a'%aph $- shall appl&. If the law o% cont%act does not state the dili'ence which is to be obse%!ed in the pe%fo%(ance- that which is e/pected of a 'ood fathe% of a fa(il& shall be %e5)i%ed. "11;0a# ARTICLE 1140.E/cept in cases e/p%essl& specified b& the law- o% when it is othe%wise decla%ed b& stip)lation- o% when the nat)%e of the obli'ation %e5)i%es the ass)(ption of %isk- no pe%son shall be %esponsible fo% those e!ents which co)ld not be fo%eseen- o% which- tho)'h fo%eseen- we%e ine!itable. "11;1a# ARTICLE 1141.@s)%io)s t%ansactions shall be 'o!e%ned b& special laws. "n# ARTICLE 1142.The %eceipt of the p%incipal b& the c%edito%- witho)t %ese%!ation with %espect to the inte%est- shall 'i!e %ise to the p%es)(ption that said inte%est has been paid. The %eceipt of a late% install(ent of a debt witho)t %ese%!ation as to p%io% install(ents- shall likewise %aise the p%es)(ption that s)ch install(ents ha!e been paid. "111;a# ARTICLE 1144.The c%edito%s- afte% ha!in' p)%s)ed the p%ope%t& in possession of the debto% to satisf& thei% clai(s- (a& e/e%cise all the %i'hts and b%in' all the actions of the latte% fo% the sa(e p)%pose- sa!e those which a%e inhe%ent in his pe%son< the& (a& also i(p)'n the acts which the debto% (a& ha!e done to def%a)d the(. "1111# ARTICLE 1148.A)b3ect to the laws- all %i'hts ac5)i%ed in !i%t)e of an obli'ation a%e t%ans(issible- if the%e has been no stip)lation to the cont%a%&. "111$# CHAPTER . Eiffe%ent Dinds of *bli'ations AECTI*N 1

P)%e and Conditional *bli'ations ARTICLE 114:. E!e%& obli'ation whose pe%fo%(ance does not depend )pon a f)t)%e o% )nce%tain e!ent- o% )pon a past e!ent )nknown to the pa%ties- is de(andable at once. E!e%& obli'ation which contains a %esol)to%& condition shall also be de(andablewitho)t p%e3)dice to the effects of the happenin' of the e!ent. "111.# ARTICLE 118;.7hen the debto% binds hi(self to pa& when his (eans pe%(it hi( to do so- the obli'ation shall be dee(ed to be one with a pe%iod- s)b3ect to the p%o!isions of a%ticle 11:4. "n# casia ARTICLE 1181.In conditional obli'ations- the ac5)isition of %i'hts- as well as the e/tin')ish(ent o% loss of those al%ead& ac5)i%ed- shall depend )pon the happenin' of the e!ent which constit)tes the condition. "1110# ARTICLE 118$.7hen the f)lfill(ent of the condition depends )pon the sole will of the debto%- the conditional obli'ation shall be !oid. If it depends )pon chance o% )pon the will of a thi%d pe%son- the obli'ation shall take effect in confo%(it& with the p%o!isions of this Code. "1111# ARTICLE 118..I(possible conditions- those cont%a%& to 'ood c)sto(s o% p)blic polic& and those p%ohibited b& law shall ann)l the obli'ation which depends )pon the(. If the obli'ation is di!isible- that pa%t the%eof which is not affected b& the i(possible o% )nlawf)l condition shall be !alid. The condition not to do an i(possible thin' shall be conside%ed as not ha!in' been a'%eed )pon. "1112a# ARTICLE 1180.The condition that so(e e!ent happen at a dete%(inate ti(e shall e/tin')ish the obli'ation as soon as the ti(e e/pi%es o% if it has beco(e ind)bitable that the e!ent will not take place. "1114# ARTICLE 1181.The condition that so(e e!ent will not happen at a dete%(inate ti(e shall %ende% the obli'ation effecti!e f%o( the (o(ent the ti(e indicated has elapsed- o% if it has beco(e e!ident that the e!ent cannot occ)%. cdtai If no ti(e has been fi/ed- the condition shall be dee(ed f)lfilled at s)ch ti(e as (a& ha!e p%obabl& been conte(plated- bea%in' in (ind the nat)%e of the obli'ation. "1118# ARTICLE 1182.The condition shall be dee(ed f)lfilled when the obli'o% !ol)nta%il& p%e!ents its f)lfill(ent. "111:#

ARTICLE 1184.The effects of a conditional obli'ation to 'i!e- once the condition has been f)lfilled- shall %et%oact to the da& of the constit)tion of the obli'ation. Ne!e%theless- when the obli'ation i(poses %ecip%ocal p%estations )pon the pa%ties- the f%)its and inte%ests d)%in' the pendenc& of the condition shall be dee(ed to ha!e been ()t)all& co(pensated. If the obli'ation is )nilate%al- the debto% shall app%op%iate the f%)its and inte%ests %ecei!ed- )nless f%o( the nat)%e and ci%c)(stances of the obli'ation it sho)ld be infe%%ed that the intention of the pe%son constit)tin' the sa(e was diffe%ent. In obli'ations to do and not to do- the co)%ts shall dete%(ine- in each case- the %et%oacti!e effect of the condition that has been co(plied with. "11$;# ARTICLE 1188.The c%edito% (a&- befo%e the f)lfill(ent of the condition- b%in' the app%op%iate actions fo% the p%ese%!ation of his %i'ht. The debto% (a& %eco!e% what d)%in' the sa(e ti(e he has paid b& (istake in case of a s)spensi!e condition. "11$1a# ARTICLE 118:.7hen the conditions ha!e been i(posed with the intention of s)spendin' the efficac& of an obli'ation to 'i!e- the followin' %)les shall be obse%!ed in case of the i(p%o!e(ent- loss o% dete%io%ation of the thin' d)%in' the pendenc& of the condition> "1#If the thin' is lost witho)t the fa)lt of the debto%- the obli'ation shall be e/tin')ished< casia "$#If the thin' is lost th%o)'h the fa)lt of the debto%- he shall be obli'ed to pa& da(a'es< it is )nde%stood that the thin' is lost when it pe%ishes- o% 'oes o)t of co((e%ce- o% disappea%s in s)ch a wa& that its e/istence is )nknown o% it cannot be %eco!e%ed< ".#7hen the thin' dete%io%ates witho)t the fa)lt of the debto%- the i(pai%(ent is to be bo%ne b& the c%edito%< "0#If it dete%io%ates th%o)'h the fa)lt of the debto%- the c%edito% (a& choose between the %escission of the obli'ation and its f)lfill(ent- with inde(nit& fo% da(a'es in eithe% case< "1#If the thin' is i(p%o!ed b& its nat)%e- o% b& ti(e- the i(p%o!e(ent shall in)%e to the benefit of the c%edito%< "2#If it is i(p%o!ed at the e/pense of the debto%- he shall ha!e no othe% %i'ht than that '%anted to the )s)f%)ct)a%&. "11$$#

ARTICLE 11:;.7hen the conditions ha!e fo% thei% p)%pose the e/tin')ish(ent of an obli'ation to 'i!e- the pa%ties- )pon the f)lfill(ent of said conditions- shall %et)%n to each othe% what the& ha!e %ecei!ed. In case of the loss- dete%io%ation o% i(p%o!e(ent of the thin'- the p%o!isions which- with %espect to the debto%- a%e laid down in the p%ecedin' a%ticle shall be applied to the pa%t& who is bo)nd to %et)%n. As fo% obli'ations to do and not to do- the p%o!isions of the second pa%a'%aph of a%ticle 1184 shall be obse%!ed as %e'a%ds the effect of the e/tin')ish(ent of the obli'ation. "11$.# cd ARTICLE 11:1.The powe% to %escind obli'ations is i(plied in %ecip%ocal ones- in case one of the obli'o%s sho)ld not co(pl& with what is inc)(bent )pon hi(. The in3)%ed pa%t& (a& choose between the f)lfill(ent and the %escission of the obli'ation- with the pa&(ent of da(a'es in eithe% case. He (a& also seek %escission- e!en afte% he has chosen f)lfill(ent- if the latte% sho)ld beco(e i(possible. The co)%t shall dec%ee the %escission clai(ed- )nless the%e be 3)st ca)se a)tho%i,in' the fi/in' of a pe%iod. This is )nde%stood to be witho)t p%e3)dice to the %i'hts of thi%d pe%sons who ha!e ac5)i%ed the thin'- in acco%dance with a%ticles 1.81 and 1.88 and the Mo%t'a'e Law. "11$0# ARTICLE 11:$.In case both pa%ties ha!e co((itted a b%each of the obli'ationthe liabilit& of the fi%st inf%acto% shall be e5)itabl& te(pe%ed b& the co)%ts. If it cannot be dete%(ined which of the pa%ties fi%st !iolated the cont%act- the sa(e shall be dee(ed e/tin')ished- and each shall bea% his own da(a'es. "n# AECTI*N $ *bli'ations with a Pe%iod ARTICLE 11:..*bli'ations fo% whose f)lfill(ent a da& ce%tain has been fi/edshall be de(andable onl& when that da& co(es. *bli'ations with a %esol)to%& pe%iod take effect at once- b)t te%(inate )pon a%%i!al of the da& ce%tain. A da& ce%tain is )nde%stood to be that which ()st necessa%il& co(e- altho)'h it (a& not be known when. cdasia

If the )nce%taint& consists in whethe% the da& will co(e o% not- the obli'ation is conditional- and it shall be %e')lated b& the %)les of the p%ecedin' Aection. "11$1a# ARTICLE 11:0.In case of loss- dete%io%ation o% i(p%o!e(ent of the thin' befo%e the a%%i!al of the da& ce%tain- the %)les in a%ticle 118: shall be obse%!ed. "n#

ARTICLE 11:1.An&thin' paid o% deli!e%ed befo%e the a%%i!al of the pe%iod- the obli'o% bein' )nawa%e of the pe%iod o% belie!in' that the obli'ation has beco(e d)e and de(andable- (a& be %eco!e%ed- with the f%)its and inte%ests. "11$2a# ARTICLE 11:2.7hene!e% in an obli'ation a pe%iod is desi'nated- it is p%es)(ed to ha!e been established fo% the benefit of both the c%edito% and the debto%)nless f%o( the teno% of the sa(e o% othe% ci%c)(stances it sho)ld appea% that the pe%iod has been established in fa!o% of one o% of the othe%. "11$4# ARTICLE 11:4.If the obli'ation does not fi/ a pe%iod- b)t f%o( its nat)%e and the ci%c)(stances it can be infe%%ed that a pe%iod was intended- the co)%ts (a& fi/ the d)%ation the%eof. The co)%ts shall also fi/ the d)%ation of the pe%iod when it depends )pon the will of the debto%. In e!e%& case- the co)%ts shall dete%(ine s)ch pe%iod as (a& )nde% the ci%c)(stances ha!e been p%obabl& conte(plated b& the pa%ties. *nce fi/ed b& the co)%ts- the pe%iod cannot be chan'ed b& the(. "11$8a# ARTICLE 11:8.The debto% shall lose e!e%& %i'ht to (ake )se of the pe%iod> "1#7hen afte% the obli'ation has been cont%acted- he beco(es insol!ent- )nless he 'i!es a ')a%ant& o% sec)%it& fo% the debt< "$#7hen he does not f)%nish to the c%edito% the ')a%anties o% sec)%ities which he has p%o(ised< cdt ".#7hen b& his own acts he has i(pai%ed said ')a%anties o% sec)%ities afte% thei% establish(ent- and when th%o)'h a fo%t)ito)s e!ent the& disappea%- )nless he i((ediatel& 'i!es new ones e5)all& satisfacto%&< "0#7hen the debto% !iolates an& )nde%takin'- in conside%ation of which the c%edito% a'%eed to the pe%iod< "1#7hen the debto% atte(pts to abscond. "11$:a#

AECTI*N . Alte%nati!e *bli'ations ARTICLE 11::.A pe%son alte%nati!el& bo)nd b& diffe%ent p%estations shall co(pletel& pe%fo%( one of the(. The c%edito% cannot be co(pelled to %ecei!e pa%t of one and pa%t of the othe% )nde%takin'. "11.1# ARTICLE 1$;;.The %i'ht of choice belon's to the debto%- )nless it has been e/p%essl& '%anted to the c%edito%. The debto% shall ha!e no %i'ht to choose those p%estations which a%e i(possible)nlawf)l o% which co)ld not ha!e been the ob3ect of the obli'ation. "11.$# ARTICLE 1$;1.The choice shall p%od)ce no effect e/cept f%o( the ti(e it has been co(()nicated. "11..# casia ARTICLE 1$;$.The debto% shall lose the %i'ht of choice when a(on' the p%estations whe%eb& he is alte%nati!el& bo)nd- onl& one is p%acticable. "11.0# ARTICLE 1$;..If th%o)'h the c%edito%=s acts the debto% cannot (ake a choice acco%din' to the te%(s of the obli'ation- the latte% (a& %escind the cont%act with da(a'es. "n# ARTICLE 1$;0.The c%edito% shall ha!e a %i'ht to inde(nit& fo% da(a'es whenth%o)'h the fa)lt of the debto%- all the thin's which a%e alte%nati!el& the ob3ect of the obli'ation ha!e been lost- o% the co(pliance of the obli'ation has beco(e i(possible. The inde(nit& shall be fi/ed takin' as a basis the !al)e of the last thin' which disappea%ed- o% that of the se%!ice which last beca(e i(possible. Ea(a'es othe% than the !al)e of the last thin' o% se%!ice (a& also be awa%ded. "11.1a# ARTICLE 1$;1.7hen the choice has been e/p%essl& 'i!en to the c%edito%- the obli'ation shall cease to be alte%nati!e f%o( the da& when the selection has been co(()nicated to the debto%. @ntil then the %esponsibilit& of the debto% shall be 'o!e%ned b& the followin' %)les> "1#If one of the thin's is lost th%o)'h a fo%t)ito)s e!ent- he shall pe%fo%( the obli'ation b& deli!e%in' that which the c%edito% sho)ld choose f%o( a(on' the %e(ainde%- o% that which %e(ains if onl& one s)bsists< cd i

"$#If the loss of one of the thin's occ)%s th%o)'h the fa)lt of the debto%- the c%edito% (a& clai( an& of those s)bsistin'- o% the p%ice of that which- th%o)'h the fa)lt of the fo%(e%- has disappea%ed- with a %i'ht to da(a'es< ".#If all the thin's a%e lost th%o)'h the fa)lt of the debto%- the choice b& the c%edito% shall fall )pon the p%ice of an& one of the(- also with inde(nit& fo% da(a'es. The sa(e %)les shall be applied to obli'ations to do o% not to do in case oneso(e o% all of the p%estations sho)ld beco(e i(possible. "11.2a# ARTICLE 1$;2.7hen onl& one p%estation has been a'%eed )pon- b)t the obli'o% (a& %ende% anothe% in s)bstit)tion- the obli'ation is called fac)ltati!e. The loss o% dete%io%ation of the thin' intended as a s)bstit)te- th%o)'h the ne'li'ence of the obli'o%- does not %ende% hi( liable. C)t once the s)bstit)tion has been (ade- the obli'o% is liable fo% the loss of the s)bstit)te on acco)nt of his dela&- ne'li'ence o% f%a)d. "n# AECTI*N 0 9oint and Aolida%& *bli'ations ARTICLE 1$;4.The conc)%%ence of two o% (o%e c%edito%s o% of two o% (o%e debto%s in one and the sa(e obli'ation does not i(pl& that each one of the fo%(e% has a %i'ht to de(and- o% that each one of the latte% is bo)nd to %ende%enti%e co(pliance with the p%estation. The%e is a solida%& liabilit& onl& when the obli'ation e/p%essl& so states- o% when the law o% the nat)%e of the obli'ation %e5)i%es solida%it&. "11.4a# ARTICLE 1$;8.If f%o( the law- o% the nat)%e o% the wo%din' of the obli'ations to which the p%ecedin' a%ticle %efe%s the cont%a%& does not appea%- the c%edit o% debt shall be p%es)(ed to be di!ided into as (an& sha%es as the%e a%e c%edito%s o% debto%s- the c%edits o% debts bein' conside%ed distinct f%o( one anothe%- s)b3ect to the R)les of Co)%t 'o!e%nin' the ()ltiplicit& of s)its. "11.8a# casia ARTICLE 1$;:.If the di!ision is i(possible- the %i'ht of the c%edito%s (a& be p%e3)diced onl& b& thei% collecti!e acts- and the debt can be enfo%ced onl& b& p%oceedin' a'ainst all the debto%s. If one of the latte% sho)ld be insol!ent- the othe%s shall not be liable fo% his sha%e. "11.:# ARTICLE 1$1;.The indi!isibilit& of an obli'ation does not necessa%il& 'i!e %ise to solida%it&. No% does solida%it& of itself i(pl& indi!isibilit&. "n#

ARTICLE 1$11.Aolida%it& (a& e/ist altho)'h the c%edito%s and the debto%s (a& not be bo)nd in the sa(e (anne% and b& the sa(e pe%iods and conditions. "110;# ARTICLE 1$1$.Each one of the solida%& c%edito%s (a& do whate!e% (a& be )sef)l to the othe%s- b)t not an&thin' which (a& be p%e3)dicial to the latte%. "1101a# ARTICLE 1$1..A solida%& c%edito% cannot assi'n his %i'hts witho)t the consent of the othe%s. "n# ARTICLE 1$10.The debto% (a& pa& an& one of the solida%& c%edito%s< b)t if an& de(and- 3)dicial o% e/t%a3)dicial- has been (ade b& one of the(- pa&(ent sho)ld be (ade to hi(. "110$a# ARTICLE 1$11.No!ation- co(pensation- conf)sion o% %e(ission of the debt(ade b& an& of the solida%& c%edito%s o% with an& of the solida%& debto%s- shall e/tin')ish the obli'ation- witho)t p%e3)dice to the p%o!isions of a%ticle 1$1:. The c%edito% who (a& ha!e e/ec)ted an& of these acts- as well as he who collects the debt- shall be liable to the othe%s fo% the sha%e in the obli'ation co%%espondin' to the(. "110.# ARTICLE 1$12.The c%edito% (a& p%oceed a'ainst an& one of the solida%& debto%s o% so(e o% all of the( si()ltaneo)sl&. The de(and (ade a'ainst one of the( shall not be an obstacle to those which (a& s)bse5)entl& be di%ected a'ainst the othe%s- so lon' as the debt has not been f)ll& collected. "1100a# aisa dc ARTICLE 1$14.Pa&(ent (ade b& one of the solida%& debto%s e/tin')ishes the obli'ation. If two o% (o%e solida%& debto%s offe% to pa&- the c%edito% (a& choose which offe% to accept. He who (ade the pa&(ent (a& clai( f%o( his co6debto%s onl& the sha%e which co%%esponds to each- with the inte%est fo% the pa&(ent al%ead& (ade. If the pa&(ent is (ade befo%e the debt is d)e- no inte%est fo% the inte%!enin' pe%iod (a& be de(anded. 7hen one of the solida%& debto%s cannot- beca)se of his insol!enc&- %ei(b)%se his sha%e to the debto% pa&in' the obli'ation- s)ch sha%e shall be bo%ne b& all his co6debto%s- in p%opo%tion to the debt of each. "1101a# ARTICLE 1$18.Pa&(ent b& a solida%& debto% shall not entitle hi( to %ei(b)%se(ent f%o( his co6debto%s if s)ch pa&(ent is (ade afte% the obli'ation has p%esc%ibed o% beco(e ille'al. "n#

ARTICLE 1$1:.The %e(ission (ade b& the c%edito% of the sha%e which affects one of the solida%& debto%s does not %elease the latte% f%o( his %esponsibilit& towa%ds the co6debto%s- in case the debt had been totall& paid b& an&one of the( befo%e the %e(ission was effected. "1102a# ARTICLE 1$$;.The %e(ission of the whole obli'ation- obtained b& one of the solida%& debto%s- does not entitle hi( to %ei(b)%se(ent f%o( his co6debto%s. "n# ARTICLE 1$$1.If the thin' has been lost o% if the p%estation has beco(e i(possible witho)t the fa)lt of the solida%& debto%s- the obli'ation shall be e/tin')ished. If the%e was fa)lt on the pa%t of an& one of the(- all shall be %esponsible to the c%edito%- fo% the p%ice and the pa&(ent of da(a'es and inte%est- witho)t p%e3)dice to thei% action a'ainst the ')ilt& o% ne'li'ent debto%. cda If th%o)'h a fo%t)ito)s e!ent- the thin' is lost o% the pe%fo%(ance has beco(e i(possible afte% one of the solida%& debto%s has inc)%%ed in dela& th%o)'h the 3)dicial o% e/t%a3)dicial de(and )pon hi( b& the c%edito%- the p%o!isions of the p%ecedin' pa%a'%aph shall appl&. "1104a# ARTICLE 1$$$.A solida%& debto% (a&- in actions filed b& the c%edito%- a!ail hi(self of all defenses which a%e de%i!ed f%o( the nat)%e of the obli'ation and of those which a%e pe%sonal to hi(- o% pe%tain to his own sha%e. 7ith %espect to those which pe%sonall& belon' to the othe%s- he (a& a!ail hi(self the%eof onl& as %e'a%ds that pa%t of the debt fo% which the latte% a%e %esponsible. "1108a# cdasia AECTI*N 1 Ei!isible and Indi!isible *bli'ations ARTICLE 1$$..The di!isibilit& o% indi!isibilit& of the thin's that a%e the ob3ect of obli'ations in which the%e is onl& one debto% and onl& one c%edito% does not alte% o% (odif& the p%o!isions of Chapte% $ of this Title. "110:# ARTICLE 1$$0.A 3oint indi!isible obli'ation 'i!es %ise to inde(nit& fo% da(a'es f%o( the ti(e an&one of the debto%s does not co(pl& with his )nde%takin'. The debto%s who (a& ha!e been %ead& to f)lfill thei% p%o(ises shall not cont%ib)te to the inde(nit& be&ond the co%%espondin' po%tion of the p%ice of the thin' o% of the !al)e of the se%!ice in which the obli'ation consists. "111;# cda

ARTICLE 1$$1.Bo% the p)%poses of the p%ecedin' a%ticles- obli'ations to 'i!e definite thin's and those which a%e not s)sceptible of pa%tial pe%fo%(ance shall be dee(ed to be indi!isible.

7hen the obli'ation has fo% its ob3ect the e/ec)tion of a ce%tain n)(be% of da&s of wo%k- the acco(plish(ent of wo%k b& (et%ical )nits- o% analo'o)s thin's which b& thei% nat)%e a%e s)sceptible of pa%tial pe%fo%(ance- it shall be di!isible. Howe!e%- e!en tho)'h the ob3ect o% se%!ice (a& be ph&sicall& di!isible- an obli'ation is indi!isible if so p%o!ided b& law o% intended b& the pa%ties. In obli'ations not to do- di!isibilit& o% indi!isibilit& shall be dete%(ined b& the cha%acte% of the p%estation in each pa%tic)la% case. "1111a# AECTI*N 2 *bli'ations with a Penal Cla)se ARTICLE 1$$2. In obli'ations with a penal cla)se- the penalt& shall s)bstit)te the inde(nit& fo% da(a'es and the pa&(ent of inte%ests in case of nonco(pliance- if the%e is no stip)lation to the cont%a%&. Ne!e%theless- da(a'es shall be paid if the obli'o% %ef)ses to pa& the penalt& o% is ')ilt& of f%a)d in the f)lfill(ent of the obli'ation. The penalt& (a& be enfo%ced onl& when it is de(andable in acco%dance with the p%o!isions of this Code. "111$a# ARTICLE 1$$4. The debto% cannot e/e(pt hi(self f%o( the pe%fo%(ance of the obli'ation b& pa&in' the penalt&- sa!e in the case whe%e this %i'ht has been e/p%essl& %ese%!ed fo% hi(. Neithe% can the c%edito% de(and the f)lfill(ent of the obli'ation and the satisfaction of the penalt& at the sa(e ti(e- )nless this %i'ht has been clea%l& '%anted hi(. Howe!e%- if afte% the c%edito% has decided to %e5)i%e the f)lfill(ent of the obli'ation- the pe%fo%(ance the%eof sho)ld beco(e i(possible witho)t his fa)lt- the penalt& (a& be enfo%ced. "111.a# cda ARTICLE 1$$8.P%oof of act)al da(a'es s)ffe%ed b& the c%edito% is not necessa%& in o%de% that the penalt& (a& be de(anded. "n# ARTICLE 1$$:. The 3)d'e shall e5)itabl& %ed)ce the penalt& when the p%incipal obli'ation has been pa%tl& o% i%%e')la%l& co(plied with b& the debto%. E!en if the%e has been no pe%fo%(ance- the penalt& (a& also be %ed)ced b& the co)%ts if it is ini5)ito)s o% )nconscionable. "1110a# ARTICLE 1$.;.The n)llit& of the penal cla)se does not ca%%& with it that of the p%incipal obli'ation. The n)llit& of the p%incipal obli'ation ca%%ies with it that of the penal cla)se. "1111#

CHAPTER 0 E/tin')ish(ent of *bli'ations +ene%al P%o!isions ARTICLE 1$.1.*bli'ations a%e e/tin')ished> "1#C& pa&(ent o% pe%fo%(ance< "$#C& the loss of the thin' d)e< ".#C& the condonation o% %e(ission of the debt< "0#C& the conf)sion o% (e%'e% of the %i'hts of c%edito% and debto%< "1#C& co(pensation< aisa dc "2#C& no!ation. *the% ca)ses of e/tin')ish(ent of obli'ations- s)ch as ann)l(ent- %escissionf)lfill(ent of a %esol)to%& condition- and p%esc%iption- a%e 'o!e%ned elsewhe%e in this Code. "1112a# AECTI*N 1 Pa&(ent o% Pe%fo%(ance ARTICLE 1$.$.Pa&(ent (eans not onl& the deli!e%& of (one& b)t also the pe%fo%(ance- in an& othe% (anne%- of an obli'ation. "n# ARTICLE 1$...A debt shall not be )nde%stood to ha!e been paid )nless the thin' o% se%!ice in which the obli'ation consists has been co(pletel& deli!e%ed o% %ende%ed- as the case (a& be. "1114# ARTICLE 1$.0.If the obli'ation has been s)bstantiall& pe%fo%(ed in 'ood faiththe obli'o% (a& %eco!e% as tho)'h the%e had been a st%ict and co(plete f)lfill(ent- less da(a'es s)ffe%ed b& the obli'ee. "n# ARTICLE 1$.1.7hen the obli'ee accepts the pe%fo%(ance- knowin' its inco(pleteness o% i%%e')la%it&- and witho)t e/p%essin' an& p%otest o% ob3ectionthe obli'ation is dee(ed f)ll& co(plied with. "n# ARTICLE 1$.2.The c%edito% is not bo)nd to accept pa&(ent o% pe%fo%(ance b& a thi%d pe%son who has no inte%est in the f)lfill(ent of the obli'ation- )nless the%e is a stip)lation to the cont%a%&. cdtai

7hoe!e% pa&s fo% anothe% (a& de(and f%o( the debto% what he has paid- e/cept that if he paid witho)t the knowled'e o% a'ainst the will of the debto%- he can %eco!e% onl& insofa% as the pa&(ent has been beneficial to the debto%. "1118a# ARTICLE 1$.4.7hoe!e% pa&s on behalf of the debto% witho)t the knowled'e o% a'ainst the will of the latte%- cannot co(pel the c%edito% to s)b%o'ate hi( in his %i'hts- s)ch as those a%isin' f%o( a (o%t'a'e- ')a%ant&- o% penalt&. "111:a# ARTICLE 1$.8.Pa&(ent (ade b& a thi%d pe%son who does not intend to be %ei(b)%sed b& the debto% is dee(ed to be a donation- which %e5)i%es the debto%=s consent. C)t the pa&(ent is in an& case !alid as to the c%edito% who has accepted it. "n# ARTICLE 1$.:.In obli'ations to 'i!e- pa&(ent (ade b& one who does not ha!e the f%ee disposal of the thin' d)e and capacit& to alienate it shall not be !alidwitho)t p%e3)dice to the p%o!isions of a%ticle 10$4 )nde% the Title on Nat)%al *bli'ations. "112;a# ARTICLE 1$0;.Pa&(ent shall be (ade to the pe%son in whose fa!o% the obli'ation has been constit)ted- o% his s)ccesso% in inte%est- o% an& pe%son a)tho%i,ed to %ecei!e it. "112$a# ARTICLE 1$01.Pa&(ent to a pe%son who is incapacitated to ad(iniste% his p%ope%t& shall be !alid if he has kept the thin' deli!e%ed- o% insofa% as the pa&(ent has been beneficial to hi(. Pa&(ent (ade to a thi%d pe%son shall also be !alid insofa% as it has %edo)nded to the benefit of the c%edito%. A)ch benefit to the c%edito% need not be p%o!ed in the followin' cases> casia "1#If afte% the pa&(ent- the thi%d pe%son ac5)i%es the c%edito%=s %i'hts< "$#If the c%edito% %atifies the pa&(ent to the thi%d pe%son< ".#If b& the c%edito%=s cond)ct- the debto% has been led to belie!e that the thi%d pe%son had a)tho%it& to %ecei!e the pa&(ent. "112.a# ARTICLE 1$0$.Pa&(ent (ade in 'ood faith to an& pe%son in possession of the c%edit shall %elease the debto%. "1120# ARTICLE 1$0..Pa&(ent (ade to the c%edito% b& the debto% afte% the latte% has been 3)diciall& o%de%ed to %etain the debt shall not be !alid. "1121#

ARTICLE 1$00.The debto% of a thin' cannot co(pel the c%edito% to %ecei!e a diffe%ent one- altho)'h the latte% (a& be of the sa(e !al)e as- o% (o%e !al)able than that which is d)e. In obli'ations to do o% not to do- an act o% fo%bea%ance cannot be s)bstit)ted b& anothe% act o% fo%bea%ance a'ainst the obli'ee=s will. "1122a# ARTICLE 1$01.Eation in pa&(ent- whe%eb& p%ope%t& is alienated to the c%edito% in satisfaction of a debt in (one&- shall be 'o!e%ned b& the law of sales. "n# ARTICLE 1$02.7hen the obli'ation consists in the deli!e%& of an indete%(inate o% 'ene%ic thin'- whose 5)alit& and ci%c)(stances ha!e not been stated- the c%edito% cannot de(and a thin' of s)pe%io% 5)alit&. Neithe% can the debto% deli!e% a thin' of infe%io% 5)alit&. The p)%pose of the obli'ation and othe% ci%c)(stances shall be taken into conside%ation. "1124a# ARTICLE 1$04.@nless it is othe%wise stip)lated- the e/t%a3)dicial e/penses %e5)i%ed b& the pa&(ent shall be fo% the acco)nt of the debto%. 7ith %e'a%d to 3)dicial costs- the R)les of Co)%t shall 'o!e%n. "1128a# cdtai ARTICLE 1$08.@nless the%e is an e/p%ess stip)lation to that effect- the c%edito% cannot be co(pelled pa%tiall& to %ecei!e the p%estations in which the obli'ation consists. Neithe% (a& the debto% be %e5)i%ed to (ake pa%tial pa&(ents. Howe!e%- when the debt is in pa%t li5)idated and in pa%t )nli5)idated- the c%edito% (a& de(and and the debto% (a& effect the pa&(ent of the fo%(e% witho)t waitin' fo% the li5)idation of the latte%. "112:a# ARTICLE 1$0:.The pa&(ent of debts in (one& shall be (ade in the c)%%enc& stip)lated- and if it is not possible to deli!e% s)ch c)%%enc&- then in the c)%%enc& which is le'al tende% in the Philippines. The deli!e%& of p%o(isso%& notes pa&able to o%de%- o% bills of e/chan'e o% othe% (e%cantile doc)(ents shall p%od)ce the effect of pa&(ent onl& when the& ha!e been cashed- o% when th%o)'h the fa)lt of the c%edito% the& ha!e been i(pai%ed. In the (eanti(e- the action de%i!ed f%o( the o%i'inal obli'ation shall be held in abe&ance. "114;# ARTICLE 1$1;.In case an e/t%ao%dina%& inflation o% deflation of the c)%%enc& stip)lated sho)ld s)pe%!ene- the !al)e of the c)%%enc& at the ti(e of the establish(ent of the obli'ation shall be the basis of pa&(ent- )nless the%e is an a'%ee(ent to the cont%a%&. "n# ARTICLE 1$11.Pa&(ent shall be (ade in the place desi'nated in the obli'ation.

The%e bein' no e/p%ess stip)lation and if the )nde%takin' is to deli!e% a dete%(inate thin'- the pa&(ent shall be (ade whe%e!e% the thin' (i'ht be at the (o(ent the obli'ation was constit)ted. acd In an& othe% case the place of pa&(ent shall be the do(icile of the debto%. If the debto% chan'es his do(icile in bad faith o% afte% he has inc)%%ed in dela&the additional e/penses shall be bo%ne b& hi(. These p%o!isions a%e witho)t p%e3)dice to !en)e )nde% the R)les of Co)%t. "1141a# A@CAECTI*N 1 Application of Pa&(ents ARTICLE 1$1$.He who has !a%io)s debts of the sa(e kind in fa!o% of one and the sa(e c%edito%- (a& decla%e at the ti(e of (akin' the pa&(ent- to which of the( the sa(e ()st be applied. @nless the pa%ties so stip)late- o% when the application of pa&(ent is (ade b& the pa%t& fo% whose benefit the te%( has been constit)ted- application shall not be (ade as to debts which a%e not &et d)e. If the debto% accepts f%o( the c%edito% a %eceipt in which an application of the pa&(ent is (ade- the fo%(e% cannot co(plain of the sa(e- )nless the%e is a ca)se fo% in!alidatin' the cont%act. "114$a# ARTICLE 1$1..If the debt p%od)ces inte%est- pa&(ent of the p%incipal shall not be dee(ed to ha!e been (ade )ntil the inte%ests ha!e been co!e%ed. "114.# ARTICLE 1$10.7hen the pa&(ent cannot be applied in acco%dance with the p%ecedin' %)les- o% if application can not be infe%%ed f%o( othe% ci%c)(stancesthe debt which is (ost one%o)s to the debto%- a(on' those d)e- shall be dee(ed to ha!e been satisfied. aisa dc If the debts d)e a%e of the sa(e nat)%e and b)%den- the pa&(ent shall be applied to all of the( p%opo%tionatel&. "1140a# A@CAECTI*N $ Pa&(ent b& Cession ARTICLE 1$11.The debto% (a& cede o% assi'n his p%ope%t& to his c%edito%s in pa&(ent of his debts. This cession- )nless the%e is stip)lation to the cont%a%&shall onl& %elease the debto% f%o( %esponsibilit& fo% the net p%oceeds of the thin' assi'ned. The a'%ee(ents which- on the effect of the cession- a%e (ade between the debto% and his c%edito%s shall be 'o!e%ned b& special laws. "1141a#

A@CAECTI*N . Tende% of Pa&(ent and Consi'nation ARTICLE 1$12.If the c%edito% to who( tende% of pa&(ent has been (ade %ef)ses witho)t 3)st ca)se to accept it- the debto% shall be %eleased f%o( %esponsibilit& b& the consi'nation of the thin' o% s)( d)e. cd i Consi'nation alone shall p%od)ce the sa(e effect in the followin' cases> "1#7hen the c%edito% is absent o% )nknown- o% does not appea% at the place of pa&(ent< "$#7hen he is incapacitated to %ecei!e the pa&(ent at the ti(e it is d)e< ".#7hen- witho)t 3)st ca)se- he %ef)ses to 'i!e a %eceipt< "0#7hen two o% (o%e pe%sons clai( the sa(e %i'ht to collect< "1#7hen the title of the obli'ation has been lost. "1142a# ARTICLE 1$14.In o%de% that the consi'nation of the thin' d)e (a& %elease the obli'o%- it ()st fi%st be anno)nced to the pe%sons inte%ested in the f)lfill(ent of the obli'ation. The consi'nation shall be ineffect)al if it is not (ade st%ictl& in consonance with the p%o!isions which %e')late pa&(ent. "1144# ARTICLE 1$18.Consi'nation shall be (ade b& depositin' the thin's d)e at the disposal of 3)dicial a)tho%it&- befo%e who( the tende% of pa&(ent shall be p%o!edin a p%ope% case- and the anno)nce(ent of the consi'nation in othe% cases. The consi'nation ha!in' been (ade- the inte%ested pa%ties shall also be notified the%eof. "1148# ARTICLE 1$1:.The e/penses of consi'nation- when p%ope%l& (ade- shall be cha%'ed a'ainst the c%edito%. "114:# casia ARTICLE 1$2;.*nce the consi'nation has been d)l& (ade- the debto% (a& ask the 3)d'e to o%de% the cancellation of the obli'ation.

Cefo%e the c%edito% has accepted the consi'nation- o% befo%e a 3)dicial decla%ation that the consi'nation has been p%ope%l& (ade- the debto% (a& withd%aw the thin' o% the s)( deposited- allowin' the obli'ation to %e(ain in fo%ce. "118;# ARTICLE 1$21.If- the consi'nation ha!in' been (ade- the c%edito% sho)ld a)tho%i,e the debto% to withd%aw the sa(e- he shall lose e!e%& p%efe%ence which he (a& ha!e o!e% the thin'. The co6debto%s- ')a%anto%s and s)%eties shall be %eleased. "1181a# AECTI*N $ Loss of the Thin' E)e ARTICLE 1$2$.An obli'ation which consists in the deli!e%& of a dete%(inate thin' shall be e/tin')ished if it sho)ld be lost o% dest%o&ed witho)t the fa)lt of the debto%- and befo%e he has inc)%%ed in dela&. casia 7hen b& law o% stip)lation- the obli'o% is liable e!en fo% fo%t)ito)s e!ents- the loss of the thin' does not e/tin')ish the obli'ation- and he shall be %esponsible fo% da(a'es. The sa(e %)le applies when the nat)%e of the obli'ation %e5)i%es the ass)(ption of %isk. "118$a# ARTICLE 1$2..In an obli'ation to deli!e% a 'ene%ic thin'- the loss o% dest%)ction of an&thin' of the sa(e kind does not e/tin')ish the obli'ation. "n# ARTICLE 1$20.The co)%ts shall dete%(ine whethe%- )nde% the ci%c)(stancesthe pa%tial loss of the ob3ect of the obli'ation is so i(po%tant as to e/tin')ish the obli'ation. "n# ARTICLE 1$21.7hene!e% the thin' is lost in the possession of the debto%- it shall be p%es)(ed that the loss was d)e to his fa)lt- )nless the%e is p%oof to the cont%a%&- and witho)t p%e3)dice to the p%o!isions of a%ticle 1121. This p%es)(ption does not appl& in case of ea%th5)ake- flood- sto%( o% othe% nat)%al cala(it&. "118.a# ARTICLE 1$22.The debto% in obli'ations to do shall also be %eleased when the p%estation beco(es le'all& o% ph&sicall& i(possible witho)t the fa)lt of the obli'o%. "1180a# ARTICLE 1$24.7hen the se%!ice has beco(e so diffic)lt as to be (anifestl& be&ond the conte(plation of the pa%ties- the obli'o% (a& also be %eleased the%ef%o(- in whole o% in pa%t. "n# ARTICLE 1$28.7hen the debt of a thin' ce%tain and dete%(inate p%oceeds f%o( a c%i(inal offense- the debto% shall not be e/e(pted f%o( the pa&(ent of its p%ice- whate!e% (a& be the ca)se fo% the loss- )nless the thin' ha!in' been

offe%ed b& hi( to the pe%son who sho)ld %ecei!e it- the latte% %ef)sed witho)t 3)stification to accept it. "1181# cd ARTICLE 1$2:.The obli'ation ha!in' been e/tin')ished b& the loss of the thin'the c%edito% shall ha!e all the %i'hts of action which the debto% (a& ha!e a'ainst thi%d pe%sons b& %eason of the loss. "1182# AECTI*N . Condonation o% Re(ission of the Eebt ARTICLE 1$4;.Condonation o% %e(ission is essentiall& '%at)ito)s- and %e5)i%es the acceptance b& the obli'o%. It (a& be (ade e/p%essl& o% i(pliedl&. *ne and the othe% kind shall be s)b3ect to the %)les which 'o!e%n inofficio)s donations. E/p%ess condonation shall- f)%the%(o%e- co(pl& with the fo%(s of donation. "1184# ARTICLE 1$41.The deli!e%& of a p%i!ate doc)(ent e!idencin' a c%edit- (ade !ol)nta%il& b& the c%edito% to the debto%- i(plies the %en)nciation of the action which the fo%(e% had a'ainst the latte%. If in o%de% to n)llif& this wai!e% it sho)ld be clai(ed to be inofficio)s- the debto% and his hei%s (a& )phold it b& p%o!in' that the deli!e%& of the doc)(ent was (ade in !i%t)e of pa&(ent of the debt. "1188# ARTICLE 1$4$.7hene!e% the p%i!ate doc)(ent in which the debt appea%s is fo)nd in the possession of the debto%- it shall be p%es)(ed that the c%edito% deli!e%ed it !ol)nta%il&- )nless the cont%a%& is p%o!ed. "118:# acd ARTICLE 1$4..The %en)nciation of the p%incipal debt shall e/tin')ish the accesso%& obli'ations< b)t the wai!e% of the latte% shall lea!e the fo%(e% in fo%ce. "11:;# ARTICLE 1$40. It is p%es)(ed that the accesso%& obli'ation of pled'e has been %e(itted when the thin' pled'ed- afte% its deli!e%& to the c%edito%- is fo)nd in the possession of the debto%- o% of a thi%d pe%son who owns the thin'. "11:1a# AECTI*N 0 Conf)sion o% Me%'e% of Ri'hts ARTICLE 1$41. The obli'ation is e/tin')ished f%o( the ti(e the cha%acte%s of c%edito% and debto% a%e (e%'ed in the sa(e pe%son. "11:$a#

ARTICLE 1$42.Me%'e% which takes place in the pe%son of the p%incipal debto% o% c%edito% benefits the ')a%anto%s. Conf)sion which takes place in the pe%son of an& of the latte% does not e/tin')ish the obli'ation. "11:.# cd i ARTICLE 1$44. Conf)sion does not e/tin')ish a 3oint obli'ation e/cept as %e'a%ds the sha%e co%%espondin' to the c%edito% o% debto% in who( the two cha%acte%s conc)%. "11:0# AECTI*N 1 Co(pensation ARTICLE 1$48.Co(pensation shall take place when two pe%sons- in thei% own %i'ht- a%e c%edito%s and debto%s of each othe%. "11:1# ARTICLE 1$4:.In o%de% that co(pensation (a& be p%ope%- it is necessa%&> "1#That each one of the obli'o%s be bo)nd p%incipall&- and that he be at the sa(e ti(e a p%incipal c%edito% of the othe%< "$#That both debts consist in a s)( of (one&- o% if the thin's d)e a%e cons)(able- the& be of the sa(e kind- and also of the sa(e 5)alit& if the latte% has been stated< ".#That the two debts be d)e< "0#That the& be li5)idated and de(andable< "1#That o!e% neithe% of the( the%e be an& %etention o% cont%o!e%s&- co((enced b& thi%d pe%sons and co(()nicated in d)e ti(e to the debto%. "11:2# ARTICLE 1$8;.Notwithstandin' the p%o!isions of the p%ecedin' a%ticle- the ')a%anto% (a& set )p co(pensation as %e'a%ds what the c%edito% (a& owe the p%incipal debto%. "11:4# ARTICLE 1$81.Co(pensation (a& be total o% pa%tial. 7hen the two debts a%e of the sa(e a(o)nt- the%e is a total co(pensation. "n# ARTICLE 1$8$.The pa%ties (a& a'%ee )pon the co(pensation of debts which a%e not &et d)e. "n# cdt ARTICLE 1$8..If one of the pa%ties to a s)it o!e% an obli'ation has a clai( fo% da(a'es a'ainst the othe%- the fo%(e% (a& set it off b& p%o!in' his %i'ht to said da(a'es and the a(o)nt the%eof. "n#

ARTICLE 1$80.7hen one o% both debts a%e %escissible o% !oidable- the& (a& be co(pensated a'ainst each othe% befo%e the& a%e 3)diciall& %escinded o% a!oided. "n# ARTICLE 1$81.The debto% who has consented to the assi'n(ent of %i'hts (ade b& a c%edito% in fa!o% of a thi%d pe%son- cannot set )p a'ainst the assi'nee the co(pensation which wo)ld pe%tain to hi( a'ainst the assi'no%- )nless the assi'no% was notified b& the debto% at the ti(e he 'a!e his consent- that he %ese%!ed his %i'ht to the co(pensation. If the c%edito% co(()nicated the cession to hi( b)t the debto% did not consent the%eto- the latte% (a& set )p the co(pensation of debts p%e!io)s to the cessionb)t not of s)bse5)ent ones. casia If the assi'n(ent is (ade witho)t the knowled'e of the debto%- he (a& set )p the co(pensation of all c%edits p%io% to the sa(e and also late% ones )ntil he had knowled'e of the assi'n(ent. "11:8a# ARTICLE 1$82.Co(pensation takes place b& ope%ation of law- e!en tho)'h the debts (a& be pa&able at diffe%ent places- b)t the%e shall be an inde(nit& fo% e/penses of e/chan'e o% t%anspo%tation to the place of pa&(ent. "11::a# ARTICLE 1$84.Co(pensation shall not be p%ope% when one of the debts a%ises f%o( a deposit)( o% f%o( the obli'ations of a deposita%& o% of a bailee in co((odat)(. Neithe% can co(pensation be set )p a'ainst a c%edito% who has a clai( fo% s)ppo%t d)e b& '%at)ito)s title- witho)t p%e3)dice to the p%o!isions of pa%a'%aph $ of a%ticle .;1. "1$;;a# ARTICLE 1$88.Neithe% shall the%e be co(pensation if one of the debts consists in ci!il liabilit& a%isin' f%o( a penal offense. "n# ARTICLE 1$8:.If a pe%son sho)ld ha!e a'ainst hi( se!e%al debts which a%e s)sceptible of co(pensation- the %)les on the application of pa&(ents shall appl& to the o%de% of the co(pensation. "1$;1# ARTICLE 1$:;.7hen all the %e5)isites (entioned in a%ticle 1$4: a%e p%esentco(pensation takes effect b& ope%ation of law- and e/tin')ishes both debts to the conc)%%ent a(o)nt- e!en tho)'h the c%edito%s and debto%s a%e not awa%e of the co(pensation. "1$;$a# cd AECTI*N 2 No!ation

ARTICLE 1$:1.*bli'ations (a& be (odified b&> "1#Chan'in' thei% ob3ect o% p%incipal conditions< "$#A)bstit)tin' the pe%son of the debto%< ".#A)b%o'atin' a thi%d pe%son in the %i'hts of the c%edito%. "1$;.# ARTICLE 1$:$.In o%de% that an obli'ation (a& be e/tin')ished b& anothe% which s)bstit)te the sa(e- it is i(pe%ati!e that it be so decla%ed in )ne5)i!ocal te%(so% that the old and the new obli'ations be on e!e%& point inco(patible with each othe%. "1$;0#

ARTICLE 1$:..No!ation which consists in s)bstit)tin' a new debto% in the place of the o%i'inal one- (a& be (ade e!en witho)t the knowled'e o% a'ainst the will of the latte%- b)t not witho)t the consent of the c%edito%. Pa&(ent b& the new debto% 'i!es hi( the %i'hts (entioned in a%ticles 1$.2 and 1$.4. "1$;1a# casia ARTICLE 1$:0.If the s)bstit)tion is witho)t the knowled'e o% a'ainst the will of the debto%- the new debto%=s insol!enc& o% non6f)lfill(ent of the obli'ation shall not 'i!e %ise to an& liabilit& on the pa%t of the o%i'inal debto%. "n# ARTICLE 1$:1.The insol!enc& of the new debto%- who has been p%oposed b& the o%i'inal debto% and accepted b& the c%edito%- shall not %e!i!e the action of the latte% a'ainst the o%i'inal obli'o%- e/cept when said insol!enc& was al%ead& e/istin' and of p)blic knowled'e- o% known to the debto%- when he dele'ated his debt. "1$;2a# ARTICLE 1$:2.7hen the p%incipal obli'ation is e/tin')ished in conse5)ence of a no!ation- accesso%& obli'ations (a& s)bsist onl& insofa% as the& (a& benefit thi%d pe%sons who did not 'i!e thei% consent. "1$;4# ARTICLE 1$:4.If the new obli'ation is !oid- the o%i'inal one shall s)bsist- )nless the pa%ties intended that the fo%(e% %elation sho)ld be e/tin')ished in an& e!ent. "n# ARTICLE 1$:8.The no!ation is !oid if the o%i'inal obli'ation was !oid- e/cept when ann)l(ent (a& be clai(ed onl& b& the debto%- o% when %atification !alidates acts which a%e !oidable. "1$;8a# ARTICLE 1$::.If the o%i'inal obli'ation was s)b3ect to a s)spensi!e o% %esol)to%& condition- the new obli'ation shall be )nde% the sa(e condition- )nless it is othe%wise stip)lated. "n# cd

ARTICLE 1.;;.A)b%o'ation of a thi%d pe%son in the %i'hts of the c%edito% is eithe% le'al o% con!entional. The fo%(e% is not p%es)(ed- e/cept in cases e/p%essl& (entioned in this Code< the latte% ()st be clea%l& established in o%de% that it (a& take effect. "1$;:a# ARTICLE 1.;1.Con!entional s)b%o'ation of a thi%d pe%son %e5)i%es the consent of the o%i'inal pa%ties and of the thi%d pe%son. "n# ARTICLE 1.;$.It is p%es)(ed that the%e is le'al s)b%o'ation> "1#7hen a c%edito% pa&s anothe% c%edito% who is p%efe%%ed- e!en witho)t the debto%=s knowled'e< "$#7hen a thi%d pe%son- not inte%ested in the obli'ation- pa&s with the e/p%ess o% tacit app%o!al of the debto%< ".#7hen- e!en witho)t the knowled'e of the debto%- a pe%son inte%ested in the f)lfill(ent of the obli'ation pa&s- witho)t p%e3)dice to the effects of conf)sion as to the latte%=s sha%e. "1$1;a# ARTICLE 1.;..A)b%o'ation t%ansfe%s to the pe%son s)b%o'ated the c%edit with all the %i'hts the%eto appe%tainin'- eithe% a'ainst the debto% o% a'ainst thi%d pe%sonsbe the& ')a%anto%s o% possesso%s of (o%t'a'es- s)b3ect to stip)lation in a con!entional s)b%o'ation. "1$1$a# ARTICLE 1.;0.A c%edito%- to who( pa%tial pa&(ent has been (ade- (a& e/e%cise his %i'ht fo% the %e(ainde%- and he shall be p%efe%%ed to the pe%son who has been s)b%o'ated in his place in !i%t)e of the pa%tial pa&(ent of the sa(e c%edit. "1$1.# TITLE II Cont%acts CHAPTER 1 +ene%al P%o!isions ARTICLE 1.;1.A cont%act is a (eetin' of (inds between two pe%sons whe%eb& one binds hi(self- with %espect to the othe%- to 'i!e so(ethin' o% to %ende% so(e se%!ice. "1$10a# cdtai ARTICLE 1.;2.The cont%actin' pa%ties (a& establish s)ch stip)lations- cla)seste%(s and conditions as the& (a& dee( con!enient- p%o!ided the& a%e not cont%a%& to law- (o%als- 'ood c)sto(s- p)blic o%de%- o% p)blic polic&. "1$11a#

ARTICLE 1.;4.Inno(inate cont%acts shall be %e')lated b& the stip)lations of the pa%ties- b& the p%o!isions of Titles I and II of this Cook- b& the %)les 'o!e%nin' the (ost analo'o)s no(inate cont%acts- and b& the c)sto(s of the place. "n# ARTICLE 1.;8.The cont%act ()st bind both cont%actin' pa%ties< its !alidit& o% co(pliance cannot be left to the will of one of the(. "1$12a# ARTICLE 1.;:.The dete%(ination of the pe%fo%(ance (a& be left to a thi%d pe%son- whose decision shall not be bindin' )ntil it has been (ade known to both cont%actin' pa%ties. "n# ARTICLE 1.1;.The dete%(ination shall not be obli'ato%& if it is e!identl& ine5)itable. In s)ch case- the co)%ts shall decide what is e5)itable )nde% the ci%c)(stances. "n# cdasia ARTICLE 1.11.Cont%acts take effect onl& between the pa%ties- thei% assi'ns and hei%s- e/cept in case whe%e the %i'hts and obli'ations a%isin' f%o( the cont%act a%e not t%ans(issible b& thei% nat)%e- o% b& stip)lation o% b& p%o!ision of law. The hei% is not liable be&ond the !al)e of the p%ope%t& he %ecei!ed f%o( the decedent. If a cont%act sho)ld contain so(e stip)lation in fa!o% of a thi%d pe%son- he (a& de(and its f)lfill(ent p%o!ided he co(()nicated his acceptance to the obli'o% befo%e its %e!ocation. A (e%e incidental benefit o% inte%est of a pe%son is not s)fficient. The cont%actin' pa%ties ()st ha!e clea%l& and delibe%atel& confe%%ed a fa!o% )pon a thi%d pe%son. "1$14a# ARTICLE 1.1$.In cont%acts c%eatin' %eal %i'hts- thi%d pe%sons who co(e into possession of the ob3ect of the cont%act a%e bo)nd the%eb&- s)b3ect to the p%o!isions of the Mo%t'a'e Law and the Land Re'ist%ation Laws. "n# cd i ARTICLE 1.1..C%edito%s a%e p%otected in cases of cont%acts intended to def%a)d the(. "n# ARTICLE 1.10.An& thi%d pe%son who ind)ces anothe% to !iolate his cont%act shall be liable fo% da(a'es to the othe% cont%actin' pa%t&. "n# ARTICLE 1.11.Cont%acts a%e pe%fected b& (e%e consent- and f%o( that (o(ent the pa%ties a%e bo)nd not onl& to the f)lfill(ent of what has been e/p%essl& stip)lated b)t also to all the conse5)ences which- acco%din' to thei% nat)%e- (a& be in keepin' with 'ood faith- )sa'e and law. "1$18# ARTICLE 1.12.Real cont%acts- s)ch as deposit- pled'e and co((odat)(- a%e not pe%fected )ntil the deli!e%& of the ob3ect of the obli'ation. "n#

ARTICLE 1.14.No one (a& cont%act in the na(e of anothe% witho)t bein' a)tho%i,ed b& the latte%- o% )nless he has b& law a %i'ht to %ep%esent hi(. aisa dc A cont%act ente%ed into in the na(e of anothe% b& one who has no a)tho%it& o% le'al %ep%esentation- o% who has acted be&ond his powe%s- shall be )nenfo%ceable- )nless it is %atified- e/p%essl& o% i(pliedl&- b& the pe%son on whose behalf it has been e/ec)ted- befo%e it is %e!oked b& the othe% cont%actin' pa%t&. "1$1:a# CHAPTER $ Essential Re5)isites of Cont%acts +ene%al P%o!isions ARTICLE 1.18.The%e is no cont%act )nless the followin' %e5)isites conc)%> "1#Consent of the cont%actin' pa%ties< cdtai "$#*b3ect ce%tain which is the s)b3ect (atte% of the cont%act< ".#Ca)se of the obli'ation which is established. "1$21# AECTI*N 1 Consent ARTICLE 1.1:. Consent is (anifested b& the (eetin' of the offe% and the acceptance )pon the thin' and the ca)se which a%e to constit)te the cont%act. The offe% ()st be ce%tain and the acceptance absol)te. A 5)alified acceptance constit)tes a co)nte%6offe%. Acceptance (ade b& lette% o% tele'%a( does not bind the offe%e% e/cept f%o( the ti(e it ca(e to his knowled'e. The cont%act- in s)ch a case- is p%es)(ed to ha!e been ente%ed into in the place whe%e the offe% was (ade. "1$2$a# cdtai ARTICLE 1.$;.An acceptance (a& be e/p%ess o% i(plied. "n# ARTICLE 1.$1.The pe%son (akin' the offe% (a& fi/ the ti(e- place- and (anne% of acceptance- all of which ()st be co(plied with. "n# ARTICLE 1.$$.An offe% (ade th%o)'h an a'ent is accepted f%o( the ti(e acceptance is co(()nicated to hi(. "n# ARTICLE 1.$..An offe% beco(es ineffecti!e )pon the death- ci!il inte%dictioninsanit&- o% insol!enc& of eithe% pa%t& befo%e acceptance is con!e&ed. "n#

ARTICLE 1.$0.7hen the offe%e% has allowed the offe%ee a ce%tain pe%iod to accept- the offe% (a& be withd%awn at an& ti(e befo%e acceptance b& co(()nicatin' s)ch withd%awal- e/cept when the option is fo)nded )pon a conside%ation- as so(ethin' paid o% p%o(ised. "n# ARTICLE 1.$1.@nless it appea%s othe%wise- b)siness ad!e%tise(ents of thin's fo% sale a%e not definite offe%s- b)t (e%e in!itations to (ake an offe%. "n# ARTICLE 1.$2.Ad!e%tise(ents fo% bidde%s a%e si(pl& in!itations to (ake p%oposals- and the ad!e%tise% is not bo)nd to accept the hi'hest o% lowest bidde%)nless the cont%a%& appea%s. "n# ARTICLE 1.$4.The followin' cannot 'i!e consent to a cont%act> "1#@ne(ancipated (ino%s< casia "$#Insane o% de(ented pe%sons- and deaf6()tes who do not know how to w%ite. "1$2.a# ARTICLE 1.$8.Cont%acts ente%ed into d)%in' a l)cid inte%!al a%e !alid. Cont%acts a'%eed to in a state of d%)nkenness o% d)%in' a h&pnotic spell a%e !oidable. "n# ARTICLE 1.$:.The incapacit& decla%ed in a%ticle 1.$4 is s)b3ect to the (odifications dete%(ined b& law- and is )nde%stood to be witho)t p%e3)dice to special dis5)alifications established in the laws. "1$20# ARTICLE 1..;.A cont%act whe%e consent is 'i!en th%o)'h (istake- !iolenceinti(idation- )nd)e infl)ence- o% f%a)d is !oidable. "1$21a# ARTICLE 1..1.In o%de% that (istake (a& in!alidate consent- it sho)ld %efe% to the s)bstance of the thin' which is the ob3ect of the cont%act- o% to those conditions which ha!e p%incipall& (o!ed one o% both pa%ties to ente% into the cont%act. cd Mistake as to the identit& o% 5)alifications of one of the pa%ties will !itiate consent onl& when s)ch identit& o% 5)alifications ha!e been the p%incipal ca)se of the cont%act. A si(ple (istake of acco)nt shall 'i!e %ise to its co%%ection. "1$22a# ARTICLE 1..$.7hen one of the pa%ties is )nable to %ead- o% if the cont%act is in a lan')a'e not )nde%stood b& hi(- and (istake o% f%a)d is alle'ed- the pe%son enfo%cin' the cont%act ()st show that the te%(s the%eof ha!e been f)ll& e/plained to the fo%(e%. "n#

ARTICLE 1....The%e is no (istake if the pa%t& alle'in' it knew the do)btcontin'enc& o% %isk affectin' the ob3ect of the cont%act. "n# ARTICLE 1..0.M)t)al e%%o% as to the le'al effect of an a'%ee(ent when the %eal p)%pose of the pa%ties is f%)st%ated- (a& !itiate consent. "n# cdasia ARTICLE 1..1.The%e is !iolence when in o%de% to w%est consent- se%io)s o% i%%esistible fo%ce is e(plo&ed.

The%e is inti(idation when one of the cont%actin' pa%ties is co(pelled b& a %easonable and well6'%o)nded fea% of an i((inent and '%a!e e!il )pon his pe%son o% p%ope%t&- o% )pon the pe%son o% p%ope%t& of his spo)se- descendants o% ascendants- to 'i!e his consent. To dete%(ine the de'%ee of inti(idation- the a'e- se/ and condition of the pe%son shall be bo%ne in (ind. A th%eat to enfo%ce one=s clai( th%o)'h co(petent a)tho%it&- if the clai( is 3)st o% le'al- does not !itiate consent. "1$24a# ARTICLE 1..2.?iolence o% inti(idation shall ann)l the obli'ation- altho)'h it (a& ha!e been e(plo&ed b& a thi%d pe%son who did not take pa%t in the cont%act. "1$28# ARTICLE 1..4.The%e is )nd)e infl)ence when a pe%son takes i(p%ope% ad!anta'e of his powe% o!e% the will of anothe%- dep%i!in' the latte% of a %easonable f%eedo( of choice. The followin' ci%c)(stances shall be conside%ed> the confidential- fa(il&- spi%it)al and othe% %elations between the pa%ties- o% the fact that the pe%son alle'ed to ha!e been )nd)l& infl)enced was s)ffe%in' f%o( (ental weakness- o% was i'no%ant o% in financial dist%ess. "n# ARTICLE 1..8.The%e is f%a)d when- th%o)'h insidio)s wo%ds o% (achinations of one of the cont%actin' pa%ties- the othe% is ind)ced to ente% into a cont%act whichwitho)t the(- he wo)ld not ha!e a'%eed to. "1$2:# aisa dc ARTICLE 1..:.Bail)%e to disclose facts- when the%e is a d)t& to %e!eal the(- as when the pa%ties a%e bo)nd b& confidential %elations- constit)tes f%a)d. "n# ARTICLE 1.0;.The )s)al e/a''e%ations in t%ade- when the othe% pa%t& had an oppo%t)nit& to know the facts- a%e not in the(sel!es f%a)d)lent. "n# ARTICLE 1.01.A (e%e e/p%ession of an opinion does not si'nif& f%a)d- )nless (ade b& an e/pe%t and the othe% pa%t& has %elied on the fo%(e%=s special knowled'e. "n#

ARTICLE 1.0$.Mis%ep%esentation b& a thi%d pe%son does not !itiate consent)nless s)ch (is%ep%esentation has c%eated s)bstantial (istake and the sa(e is ()t)al. "n# ARTICLE 1.0..Mis%ep%esentation (ade in 'ood faith is not f%a)d)lent b)t (a& constit)te e%%o%. "n# acd ARTICLE 1.00.In o%de% that f%a)d (a& (ake a cont%act !oidable- it sho)ld be se%io)s and sho)ld not ha!e been e(plo&ed b& both cont%actin' pa%ties. Incidental f%a)d onl& obli'es the pe%son e(plo&in' it to pa& da(a'es. "1$4;# ARTICLE 1.01.Ai()lation of a cont%act (a& be absol)te o% %elati!e. The fo%(e% takes place when the pa%ties do not intend to be bo)nd at all< the latte%- when the pa%ties conceal thei% t%)e a'%ee(ent. "n# ARTICLE 1.02.An absol)tel& si()lated o% fictitio)s cont%act is !oid. A %elati!e si()lation- when it does not p%e3)dice a thi%d pe%son and is not intended fo% an& p)%pose cont%a%& to law- (o%als- 'ood c)sto(s- p)blic o%de% o% p)blic polic& binds the pa%ties to thei% %eal a'%ee(ent. "n# acd AECTI*N $ *b3ect of Cont%acts ARTICLE 1.04.All thin's which a%e not o)tside the co((e%ce of (en- incl)din' f)t)%e thin's- (a& be the ob3ect of a cont%act. All %i'hts which a%e not int%ans(issible (a& also be the ob3ect of cont%acts. No cont%act (a& be ente%ed into )pon f)t)%e inhe%itance e/cept in cases e/p%essl& a)tho%i,ed b& law. All se%!ices which a%e not cont%a%& to law- (o%als- 'ood c)sto(s- p)blic o%de% o% p)blic polic& (a& likewise be the ob3ect of a cont%act. "1$41a# ARTICLE 1.08. I(possible thin's o% se%!ices cannot be the ob3ect of cont%acts. "1$4$# cd i ARTICLE 1.0:. The ob3ect of e!e%& cont%act ()st be dete%(inate as to its kind. The fact that the 5)antit& is not dete%(inate shall not be an obstacle to the e/istence of the cont%act- p%o!ided it is possible to dete%(ine the sa(e- witho)t the need of a new cont%act between the pa%ties. "1$4.# AECTI*N .

Ca)se of Cont%acts ARTICLE 1.1;.In one%o)s cont%acts the ca)se is )nde%stood to be- fo% each cont%actin' pa%t&- the p%estation o% p%o(ise of a thin' o% se%!ice b& the othe%< in %e()ne%ato%& ones- the se%!ice o% benefit which is %e()ne%ated< and in cont%acts of p)%e beneficence- the (e%e libe%alit& of the benefacto%. "1$40# ARTICLE 1.11.The pa%tic)la% (oti!es of the pa%ties in ente%in' into a cont%act a%e diffe%ent f%o( the ca)se the%eof. "n# cda ARTICLE 1.1$.Cont%acts witho)t ca)se- o% with )nlawf)l ca)se- p%od)ce no effect whate!e%. The ca)se is )nlawf)l if it is cont%a%& to law- (o%als- 'ood c)sto(s- p)blic o%de% o% p)blic polic&. "1$41a# ARTICLE 1.1..The state(ent of a false ca)se in cont%acts shall %ende% the( !oid- if it sho)ld not be p%o!ed that the& we%e fo)nded )pon anothe% ca)se which is t%)e and lawf)l. "1$42# ARTICLE 1.10.Altho)'h the ca)se is not stated in the cont%act- it is p%es)(ed that it e/ists and is lawf)l- )nless the debto% p%o!es the cont%a%&. "1$44# ARTICLE 1.11.E/cept in cases specified b& law- lesion o% inade5)ac& of ca)se shall not in!alidate a cont%act- )nless the%e has been f%a)d- (istake o% )nd)e infl)ence. "n# cdasia CHAPTER . Bo%( of Cont%acts ARTICLE 1.12. Cont%acts shall be obli'ato%&- in whate!e% fo%( the& (a& ha!e been ente%ed into- p%o!ided all the essential %e5)isites fo% thei% !alidit& a%e p%esent. Howe!e%- when the law %e5)i%es that a cont%act be in so(e fo%( in o%de% that it (a& be !alid o% enfo%ceable- o% that a cont%act be p%o!ed in a ce%tain wa&that %e5)i%e(ent is absol)te and indispensable. In s)ch cases- the %i'ht of the pa%ties stated in the followin' a%ticle cannot be e/e%cised. "1$48a# ARTICLE 1.14.If the law %e5)i%es a doc)(ent o% othe% special fo%(- as in the acts and cont%acts en)(e%ated in the followin' a%ticle- the cont%actin' pa%ties (a& co(pel each othe% to obse%!e that fo%(- once the cont%act has been pe%fected. This %i'ht (a& be e/e%cised si()ltaneo)sl& with the action )pon the cont%act. "1$4:a# cdasia ARTICLE 1.18.The followin' ()st appea% in a p)blic doc)(ent> "1#Acts and cont%acts which ha!e fo% thei% ob3ect the c%eation- t%ans(ission(odification o% e/tin')ish(ent of %eal %i'hts o!e% i((o!able p%ope%t&< sales of

%eal p%ope%t& o% of an inte%est the%ein a%e 'o!e%ned b& a%ticles 10;.- No. $- and 10;1< "$#The cession- %ep)diation o% %en)nciation of he%edita%& %i'hts o% of those of the con3)'al pa%tne%ship of 'ains< ".#The powe% to ad(iniste% p%ope%t&- o% an& othe% powe% which has fo% its ob3ect an act appea%in' o% which sho)ld appea% in a p)blic doc)(ent- o% sho)ld p%e3)dice a thi%d pe%son< "0#The cession of actions o% %i'hts p%oceedin' f%o( an act appea%in' in a p)blic doc)(ent. cdasia All othe% cont%acts whe%e the a(o)nt in!ol!ed e/ceeds fi!e h)nd%ed pesos ()st appea% in w%itin'- e!en a p%i!ate one. C)t sales of 'oods- chattels o% thin's in action a%e 'o!e%ned b& a%ticles 10;.- No. $ and 10;1. "1$8;a# CHAPTER 0 Refo%(ation of Inst%)(ents "n# ARTICLE 1.1:.7hen- the%e ha!in' been a (eetin' of the (inds of the pa%ties to a cont%act- thei% t%)e intention is not e/p%essed in the inst%)(ent p)%po%tin' to e(bod& the a'%ee(ent- b& %eason of (istake- f%a)d- ine5)itable cond)ct o% accident- one of the pa%ties (a& ask fo% the %efo%(ation of the inst%)(ent to the end that s)ch t%)e intention (a& be e/p%essed. If (istake- f%a)d- ine5)itable cond)ct- o% accident has p%e!ented a (eetin' of the (inds of the pa%ties- the p%ope% %e(ed& is not %efo%(ation of the inst%)(ent b)t ann)l(ent of the cont%act. ARTICLE 1.2;.The p%inciples of the 'ene%al law on the %efo%(ation of inst%)(ents a%e he%eb& adopted insofa% as the& a%e not in conflict with the p%o!isions of this Code. ARTICLE 1.21.7hen a ()t)al (istake of the pa%ties ca)ses the fail)%e of the inst%)(ent to disclose thei% %eal a'%ee(ent- said inst%)(ent (a& be %efo%(ed. ARTICLE 1.2$.If one pa%t& was (istaken and the othe% acted f%a)d)lentl& o% ine5)itabl& in s)ch a wa& that the inst%)(ent does not show thei% t%)e intentionthe fo%(e% (a& ask fo% the %efo%(ation of the inst%)(ent. cdt ARTICLE 1.2..7hen one pa%t& was (istaken and the othe% knew o% belie!ed that the inst%)(ent did not state thei% %eal a'%ee(ent- b)t concealed that fact f%o( the fo%(e%- the inst%)(ent (a& be %efo%(ed.

ARTICLE 1.20.7hen th%o)'h the i'no%ance- lack of skill- ne'li'ence o% bad faith on the pa%t of the pe%son d%aftin' the inst%)(ent o% of the cle%k o% t&pist- the inst%)(ent does not e/p%ess the t%)e intention of the pa%ties- the co)%ts (a& o%de% that the inst%)(ent be %efo%(ed. ARTICLE 1.21. If two pa%ties a'%ee )pon the (o%t'a'e o% pled'e of %eal o% pe%sonal p%ope%t&- b)t the inst%)(ent states that the p%ope%t& is sold absol)tel& o% with a %i'ht of %ep)%chase- %efo%(ation of the inst%)(ent is p%ope%. ARTICLE 1.22.The%e shall be no %efo%(ation in the followin' cases> "1#Ai(ple donations inte% !i!os whe%ein no condition is i(posed< "$#7ills< cd ".#7hen the %eal a'%ee(ent is !oid. ARTICLE 1.24.7hen one of the pa%ties has b%o)'ht an action to enfo%ce the inst%)(ent- he cannot s)bse5)entl& ask fo% its %efo%(ation. ARTICLE 1.28.Refo%(ation (a& be o%de%ed at the instance of eithe% pa%t& o% his s)ccesso%s in inte%est- if the (istake was ()t)al< othe%wise- )pon petition of the in3)%ed pa%t&- o% his hei%s and assi'ns. ARTICLE 1.2:.The p%oced)%e fo% the %efo%(ation of inst%)(ent shall be 'o!e%ned b& %)les of co)%t to be p%o()l'ated b& the A)p%e(e Co)%t. cd i CHAPTER 1 Inte%p%etation of Cont%acts ARTICLE 1.4;.If the te%(s of a cont%act a%e clea% and lea!e no do)bt )pon the intention of the cont%actin' pa%ties- the lite%al (eanin' of its stip)lations shall cont%ol. If the wo%ds appea% to be cont%a%& to the e!ident intention of the pa%ties- the latte% shall p%e!ail o!e% the fo%(e%. "1$81# ARTICLE 1.41.In o%de% to 3)d'e the intention of the cont%actin' pa%ties- thei% conte(po%aneo)s and s)bse5)ent acts shall be p%incipall& conside%ed. "1$8$# ARTICLE 1.4$.Howe!e% 'ene%al the te%(s of a cont%act (a& be- the& shall not be )nde%stood to co(p%ehend thin's that a%e distinct and cases that a%e diffe%ent f%o( those )pon which the pa%ties intended to a'%ee. "1$8.# cd

ARTICLE 1.4.. If so(e stip)lation of an& cont%act sho)ld ad(it of se!e%al (eanin's- it shall be )nde%stood as bea%in' that i(po%t which is (ost ade5)ate to %ende% it effect)al. "1$80#

ARTICLE 1.40.The !a%io)s stip)lations of a cont%act shall be inte%p%eted to'ethe%- att%ib)tin' to the do)btf)l ones that sense which (a& %es)lt f%o( all of the( taken 3ointl&. "1$81# ARTICLE 1.41.7o%ds which (a& ha!e diffe%ent si'nifications shall be )nde%stood in that which is (ost in keepin' with the nat)%e and ob3ect of the cont%act. "1$82# ARTICLE 1.42.The )sa'e o% c)sto( of the place shall be bo%ne in (ind in the inte%p%etation of the a(bi')ities of a cont%act- and shall fill the o(ission of stip)lations which a%e o%dina%il& established. "1$84# cd ARTICLE 1.44.The inte%p%etation of obsc)%e wo%ds o% stip)lations in a cont%act shall not fa!o% the pa%t& who ca)sed the obsc)%it&. "1$88# ARTICLE 1.48.7hen it is absol)tel& i(possible to settle do)bts b& the %)les established in the p%ecedin' a%ticles- and the do)bts %efe% to incidental ci%c)(stances of a '%at)ito)s cont%act- the least t%ans(ission of %i'hts and inte%ests shall p%e!ail. If the cont%act is one%o)s- the do)bt shall be settled in fa!o% of the '%eatest %ecip%ocit& of inte%ests. If the do)bts a%e cast )pon the p%incipal ob3ect of the cont%act in s)ch a wa& that it cannot be known what (a& ha!e been the intention o% will of the pa%ties- the cont%act shall be n)ll and !oid. "1$8:# ARTICLE 1.4:.The p%inciples of inte%p%etation stated in R)le 1$. of the R)les of Co)%t shall likewise be obse%!ed in the const%)ction of cont%acts. "n# cdasia CHAPTER 2 Rescissible Cont%acts ARTICLE 1.8;.Cont%acts !alidl& a'%eed )pon (a& be %escinded in the cases established b& law. "1$:;# cd ARTICLE 1.81.The followin' cont%acts a%e %escissible> "1#Those which a%e ente%ed into b& ')a%dians whene!e% the wa%ds who( the& %ep%esent s)ffe% lesion b& (o%e than one6fo)%th of the !al)e of the thin's which a%e the ob3ect the%eof<

"$#Those a'%eed )pon in %ep%esentation of absentees- if the latte% s)ffe% the lesion stated in the p%ecedin' n)(be%< ".#Those )nde%taken in f%a)d of c%edito%s when the latte% cannot in an& othe% (anne% collect the clai(s d)e the(< "0# Those which %efe% to thin's )nde% liti'ation if the& ha!e been ente%ed into b& the defendant witho)t the knowled'e and app%o!al of the liti'ants o% of co(petent 3)dicial a)tho%it&< "1#All othe% cont%acts speciall& decla%ed b& law to be s)b3ect to %escission. "1$:1a# ARTICLE 1.8$.Pa&(ents (ade in a state of insol!enc& fo% obli'ations to whose f)lfill(ent the debto% co)ld not be co(pelled at the ti(e the& we%e effected- a%e also %escissible. "1$:$# cda ARTICLE 1.8..The action fo% %escission is s)bsidia%&< it cannot be instit)ted e/cept when the pa%t& s)ffe%in' da(a'e has no othe% le'al (eans to obtain %epa%ation fo% the sa(e. "1$:0# ARTICLE 1.80.Rescission shall be onl& to the e/tent necessa%& to co!e% the da(a'es ca)sed. "n# ARTICLE 1.81.Rescission c%eates the obli'ation to %et)%n the thin's which we%e the ob3ect of the cont%act- to'ethe% with thei% f%)its- and the p%ice with its inte%est< conse5)entl&- it can be ca%%ied o)t onl& when he who de(ands %escission can %et)%n whate!e% he (a& be obli'ed to %esto%e. Neithe% shall %escission take place when the thin's which a%e the ob3ect of the cont%act a%e le'all& in the possession of thi%d pe%sons who did not act in bad faith. In this case- inde(nit& fo% da(a'es (a& be de(anded f%o( the pe%son ca)sin' the loss. "1$:1# ARTICLE 1.82.Rescission %efe%%ed to in Nos. 1 and $ of a%ticle 1.81 shall not take place with %espect to cont%acts app%o!ed b& the co)%ts. "1$:2a# ARTICLE 1.84.All cont%acts b& !i%t)e of which the debto% alienates p%ope%t& b& '%at)ito)s title a%e p%es)(ed to ha!e been ente%ed into in f%a)d of c%edito%swhen the dono% did not %ese%!e s)fficient p%ope%t& to pa& all debts cont%acted befo%e the donation.

Alienations b& one%o)s title a%e also p%es)(ed f%a)d)lent when (ade b& pe%sons a'ainst who( so(e 3)d'(ent has been %ende%ed in an& instance o% so(e w%it of attach(ent has been iss)ed. The decision o% attach(ent need not %efe% to the p%ope%t& alienated- and need not ha!e been obtained b& the pa%t& seekin' the %escission. cdasia In addition to these p%es)(ptions- the desi'n to def%a)d c%edito%s (a& be p%o!ed in an& othe% (anne% %eco'ni,ed b& the law of e!idence. "1$:4a# ARTICLE 1.88.7hoe!e% ac5)i%es in bad faith the thin's alienated in f%a)d of c%edito%s- shall inde(nif& the latte% fo% da(a'es s)ffe%ed b& the( on acco)nt of the alienation- whene!e%- d)e to an& ca)se- it sho)ld be i(possible fo% hi( to %et)%n the(. If the%e a%e two o% (o%e alienations- the fi%st ac5)i%e% shall be liable fi%st- and so on s)ccessi!el&. "1$:8a# ARTICLE 1.8:.The action to clai( %escission ()st be co((enced within fo)% &ea%s. Bo% pe%sons )nde% ')a%dianship and fo% absentees- the pe%iod of fo)% &ea%s shall not be'in )ntil the te%(ination of the fo%(e%=s incapacit&- o% )ntil the do(icile of the latte% is known. "1$::# CHAPTER 4 ?oidable Cont%acts ARTICLE 1.:;.The followin' cont%acts a%e !oidable o% ann)llable- e!en tho)'h the%e (a& ha!e been no da(a'e to the cont%actin' pa%ties> "1#Those whe%e one of the pa%ties is incapable of 'i!in' consent to a cont%act< "$#Those whe%e the consent is !itiated b& (istake- !iolence- inti(idation- )nd)e infl)ence o% f%a)d. acd These cont%acts a%e bindin'- )nless the& a%e ann)lled b& a p%ope% action in co)%t. The& a%e s)sceptible of %atification. "n# ARTICLE 1.:1.The action fo% ann)l(ent shall be b%o)'ht within fo)% &ea%s. This pe%iod shall be'in> In cases of inti(idation- !iolence o% )nd)e infl)ence- f%o( the ti(e the defect of the consent ceases.

In case of (istake o% f%a)d- f%o( the ti(e of the disco!e%& of the sa(e. And when the action %efe%s to cont%acts ente%ed into b& (ino%s o% othe% incapacitated pe%sons- f%o( the ti(e the ')a%dianship ceases. "1.;1a# ARTICLE 1.:$.Ratification e/tin')ishes the action to ann)l a !oidable cont%act. "1.;:a# ARTICLE 1.:..Ratification (a& be effected e/p%essl& o% tacitl&. It is )nde%stood that the%e is a tacit %atification if- with knowled'e of the %eason which %ende%s the cont%act !oidable and s)ch %eason ha!in' ceased- the pe%son who has a %i'ht to in!oke it sho)ld e/ec)te an act which necessa%il& i(plies an intention to wai!e his %i'ht. "1.11a# ARTICLE 1.:0.Ratification (a& be effected b& the ')a%dian of the incapacitated pe%son. "n# cd i ARTICLE 1.:1.Ratification does not %e5)i%e the confo%(it& of the cont%actin' pa%t& who has no %i'ht to b%in' the action fo% ann)l(ent. "1.1$# ARTICLE 1.:2.Ratification cleanses the cont%act f%o( all its defects f%o( the (o(ent it was constit)ted. "1.1.# ARTICLE 1.:4.The action fo% the ann)l(ent of cont%acts (a& be instit)ted b& all who a%e the%eb& obli'ed p%incipall& o% s)bsidia%il&. Howe!e%- pe%sons who a%e capable cannot alle'e the incapacit& of those with who( the& cont%acted< no% can those who e/e%ted inti(idation- !iolence- o% )nd)e infl)ence- o% e(plo&ed f%a)do% ca)sed (istake base thei% action )pon these flaws of the cont%act. "1.;$a# ARTICLE 1.:8.An obli'ation ha!in' been ann)lled- the cont%actin' pa%ties shall %esto%e to each othe% the thin's which ha!e been the s)b3ect (atte% of the cont%act- with thei% f%)its- and the p%ice with its inte%est- e/cept in cases p%o!ided b& law. In obli'ations to %ende% se%!ice- the !al)e the%eof shall be the basis fo% da(a'es. "1.;.a# ARTICLE 1.::.7hen the defect of the cont%act consists in the incapacit& of one of the pa%ties- the incapacitated pe%son is not obli'ed to (ake an& %estit)tion e/cept insofa% as he has been benefited b& the thin' o% p%ice %ecei!ed b& hi(. "1.;0# ARTICLE 10;;.7hene!e% the pe%son obli'ed b& the dec%ee of ann)l(ent to %et)%n the thin' can not do so beca)se it has been lost th%o)'h his fa)lt- he shall %et)%n the f%)its %ecei!ed and the !al)e of the thin' at the ti(e of the loss- with inte%est f%o( the sa(e date. "1.;4a#

ARTICLE 10;1.The action fo% ann)l(ent of cont%acts shall be e/tin')ished when the thin' which is the ob3ect the%eof is lost th%o)'h the f%a)d o% fa)lt of the pe%son who has a %i'ht to instit)te the p%oceedin's. cdasia If the %i'ht of action is based )pon the incapacit& of an& one of the cont%actin' pa%ties- the loss of the thin' shall not be an obstacle to the s)ccess of the action)nless said loss took place th%o)'h the f%a)d o% fa)lt of the plaintiff. "1.10a# ARTICLE 10;$. As lon' as one of the cont%actin' pa%ties does not %esto%e what in !i%t)e of the dec%ee of ann)l(ent he is bo)nd to %et)%n- the othe% cannot be co(pelled to co(pl& with what is inc)(bent )pon hi(. "1.;8# CHAPTER 8 @nenfo%ceable Cont%acts "n# ARTICLE 10;..The followin' cont%acts a%e )nenfo%ceable- )nless the& a%e %atified> "1#Those ente%ed into in the na(e of anothe% pe%son b& one who has been 'i!en no a)tho%it& o% le'al %ep%esentation- o% who has acted be&ond his powe%s< "$#Those that do not co(pl& with the Atat)te of B%a)ds as set fo%th in this n)(be%. In the followin' cases an a'%ee(ent he%eafte% (ade shall be )nenfo%ceable b& action- )nless the sa(e- o% so(e note o% (e(o%and)(the%eof- be in w%itin'- and s)bsc%ibed b& the pa%t& cha%'ed- o% b& his a'ent< e!idence- the%efo%e- of the a'%ee(ent cannot be %ecei!ed witho)t the w%itin'- o% a seconda%& e!idence of its contents> "a#An a'%ee(ent that b& its te%(s is not to be pe%fo%(ed within a &ea% f%o( the (akin' the%eof< "b#A special p%o(ise to answe% fo% the debt- defa)lt- o% (isca%%ia'e of anothe%< cd i "c# An a'%ee(ent (ade in conside%ation of (a%%ia'e- othe% than a ()t)al p%o(ise to (a%%&< "d# An a'%ee(ent fo% the sale of 'oods- chattels o% thin's in action- at a p%ice not less than fi!e h)nd%ed pesos- )nless the b)&e% accept and %ecei!e pa%t of s)ch 'oods and chattels- o% the e!idences- o% so(e of the(- of s)ch thin's in actiono% pa& at the ti(e so(e pa%t of the p)%chase (one&< b)t when a sale is (ade b& a)ction and ent%& is (ade b& the a)ctionee% in his sales book- at the ti(e of the sale- of the a(o)nt and kind of p%ope%t& sold- te%(s of sale- p%ice- na(es of the

p)%chase%s and pe%son on whose acco)nt the sale is (ade- it is a s)fficient (e(o%and)(<

"e#An a'%ee(ent fo% the leasin' fo% a lon'e% pe%iod than one &ea%- o% fo% the sale of %eal p%ope%t& o% of an inte%est the%ein< "f# A %ep%esentation as to the c%edit of a thi%d pe%son. ".#Those whe%e both pa%ties a%e incapable of 'i!in' consent to a cont%act. ARTICLE 10;0.@na)tho%i,ed cont%acts a%e 'o!e%ned b& a%ticle 1.14 and the p%inciples of a'enc& in Title F of this Cook. ARTICLE 10;1.Cont%acts inf%in'in' the Atat)te of B%a)ds- %efe%%ed to in No. $ of a%ticle 10;.- a%e %atified b& the fail)%e to ob3ect to the p%esentation of o%al e!idence to p%o!e the sa(e- o% b& the acceptance of benefits )nde% the(. ARTICLE 10;2.7hen a cont%act is enfo%ceable )nde% the Atat)te of B%a)ds- and a p)blic doc)(ent is necessa%& fo% its %e'ist%ation in the Re'ist%& of Eeeds- the pa%ties (a& a!ail the(sel!es of the %i'ht )nde% A%ticle 1.14. cda ARTICLE 10;4.In a cont%act whe%e both pa%ties a%e incapable of 'i!in' consente/p%ess o% i(plied %atification b& the pa%ent- o% ')a%dian- as the case (a& be- of one of the cont%actin' pa%ties shall 'i!e the cont%act the sa(e effect as if onl& one of the( we%e incapacitated. If %atification is (ade b& the pa%ents o% ')a%dians- as the case (a& be- of both cont%actin' pa%ties- the cont%act shall be !alidated f%o( the inception. ARTICLE 10;8.@nenfo%ceable cont%acts cannot be assailed b& thi%d pe%sons. CHAPTER : ?oid o% Ine/istent Cont%acts ARTICLE 10;:.The followin' cont%acts a%e ine/istent and !oid f%o( the be'innin'> "1#Those whose ca)se- ob3ect o% p)%pose is cont%a%& to law- (o%als- 'ood c)sto(s- p)blic o%de% o% p)blic polic&< "$#Those which a%e absol)tel& si()lated o% fictitio)s< ".#Those whose ca)se o% ob3ect did not e/ist at the ti(e of the t%ansaction<

"0#Those whose ob3ect is o)tside the co((e%ce of (en< "1#Those which conte(plate an i(possible se%!ice< "2#Those whe%e the intention of the pa%ties %elati!e to the p%incipal ob3ect of the cont%act cannot be asce%tained< acd "4#Those e/p%essl& p%ohibited o% decla%ed !oid b& law. These cont%acts cannot be %atified. Neithe% can the %i'ht to set )p the defense of ille'alit& be wai!ed. ARTICLE 101;.The action o% defense fo% the decla%ation of the ine/istence of a cont%act does not p%esc%ibe. ARTICLE 1011.7hen the n)llit& p%oceeds f%o( the ille'alit& of the ca)se o% ob3ect of the cont%act- and the act constit)tes a c%i(inal offense- both pa%ties bein' in pa%i delicto- the& shall ha!e no action a'ainst each othe%- and both shall be p%osec)ted. Mo%eo!e%- the p%o!isions of the Penal Code %elati!e to the disposal of effects o% inst%)(ents of a c%i(e shall be applicable to the thin's o% the p%ice of the cont%act. This %)le shall be applicable when onl& one of the pa%ties is ')ilt&< b)t the innocent one (a& clai( what he has 'i!en- and shall not be bo)nd to co(pl& with his p%o(ise. "1.;1# ARTICLE 101$.If the act in which the )nlawf)l o% fo%bidden ca)se consists does not constit)te a c%i(inal offense- the followin' %)les shall be obse%!ed> "1#7hen the fa)lt is on the pa%t of both cont%actin' pa%ties- neithe% (a& %eco!e% what he has 'i!en b& !i%t)e of the cont%act- o% de(and the pe%fo%(ance of the othe%=s )nde%takin'< "$#7hen onl& one of the cont%actin' pa%ties is at fa)lt- he cannot %eco!e% what he has 'i!en b& %eason of the cont%act- o% ask fo% the f)lfill(ent of what has been p%o(ised hi(. The othe%- who is not at fa)lt- (a& de(and the %et)%n of what he has 'i!en witho)t an& obli'ation to co(pl& his p%o(ise. "1.;2# cd ARTICLE 101..Inte%est paid in e/cess of the inte%est allowed b& the )s)%& laws (a& be %eco!e%ed b& the debto%- with inte%est the%eon f%o( the date of the pa&(ent. ARTICLE 1010.7hen (one& is paid o% p%ope%t& deli!e%ed fo% an ille'al p)%posethe cont%act (a& be %ep)diated b& one of the pa%ties befo%e the p)%pose has been acco(plished- o% befo%e an& da(a'e has been ca)sed to a thi%d pe%son. In

s)ch case- the co)%ts (a&- if the p)blic inte%est will th)s be s)bse%!ed- allow the pa%t& %ep)diatin' the cont%act to %eco!e% the (one& o% p%ope%t&. ARTICLE 1011.7he%e one of the pa%ties to an ille'al cont%act is incapable of 'i!in' consent- the co)%ts (a&- if the inte%est of 3)stice so de(ands allow %eco!e%& of (one& o% p%ope%t& deli!e%ed b& the incapacitated pe%son. ARTICLE 1012.7hen the a'%ee(ent is not ille'al pe% se b)t is (e%el& p%ohibitedand the p%ohibition b& the law is desi'ned fo% the p%otection of the plaintiff- he (a&- if p)blic polic& is the%eb& enhanced- %eco!e% what he has paid o% deli!e%ed. ARTICLE 1014.7hen the p%ice of an& a%ticle o% co((odit& is dete%(ined b& stat)te- o% b& a)tho%it& of law- an& pe%son pa&in' an& a(o)nt in e/cess of the (a/i()( p%ice allowed (a& %eco!e% s)ch e/cess. ARTICLE 1018.7hen the law fi/es- o% a)tho%i,es the fi/in' of the (a/i()( n)(be% of ho)%s of labo%- and a cont%act is ente%ed into whe%eb& a labo%e% )nde%takes to wo%k lon'e% than the (a/i()( th)s fi/ed- he (a& de(and additional co(pensation fo% se%!ice %ende%ed be&ond the ti(e li(it. cdt ARTICLE 101:.7hen the law sets- o% a)tho%i,es the settin' of a (ini()( wa'e fo% labo%e%s- and a cont%act is a'%eed )pon b& which a labo%e% accepts a lowe% wa'e- he shall be entitled to %eco!e% the deficienc&. ARTICLE 10$;.In case of a di!isible cont%act- if the ille'al te%(s can be sepa%ated f%o( the le'al ones- the latte% (a& be enfo%ced. ARTICLE 10$1.The defense of ille'alit& of cont%act is not a!ailable to thi%d pe%sons whose inte%ests a%e not di%ectl& affected. ARTICLE 10$$.A cont%act which is the di%ect %es)lt of a p%e!io)s ille'al cont%actis also !oid and ine/istent. TITLE III Nat)%al *bli'ations ARTICLE 10$..*bli'ations a%e ci!il o% nat)%al. Ci!il obli'ations 'i!e a %i'ht of action to co(pel thei% pe%fo%(ance. Nat)%al obli'ations- not bein' based on positi!e law b)t on e5)it& and nat)%al law- do not '%ant a %i'ht of action to enfo%ce thei% pe%fo%(ance- b)t afte% !ol)nta%& f)lfill(ent b& the obli'o%- the& a)tho%i,e the %etention of what has been deli!e%ed o% %ende%ed b& %eason the%eof. Ao(e nat)%al obli'ations a%e set fo%th in the followin' a%ticles.

ARTICLE 10$0.7hen a %i'ht to s)e )pon a ci!il obli'ation has lapsed b& e/tincti!e p%esc%iption- the obli'o% who !ol)nta%il& pe%fo%(s the cont%act cannot %eco!e% what he has deli!e%ed o% the !al)e of the se%!ice he has %ende%ed. ARTICLE 10$1.7hen witho)t the knowled'e o% a'ainst the will of the debto%- a thi%d pe%son pa&s a debt which the obli'o% is not le'all& bo)nd to pa& beca)se the action the%eon has p%esc%ibed- b)t the debto% late% !ol)nta%il& %ei(b)%ses the thi%d pe%son- the obli'o% cannot %eco!e% what he has paid. cdtai ARTICLE 10$2. 7hen a (ino% between ei'hteen and twent&6one &ea%s of a'e who has ente%ed into a cont%act witho)t the consent of the pa%ent o% ')a%dianafte% the ann)l(ent of the cont%act !ol)nta%il& %et)%ns the whole thin' o% p%ice %ecei!ed- notwithstandin' the fact that he has not been benefited the%eb&- the%e is no %i'ht to de(and the thin' o% p%ice th)s %et)%ned. ARTICLE 10$4.7hen a (ino% between ei'hteen and twent&6one &ea%s of a'ewho has ente%ed into a cont%act witho)t the consent of the pa%ent o% ')a%dian!ol)nta%il& pa&s a s)( of (one& o% deli!e%s a f)n'ible thin' in f)lfill(ent of the obli'ation- the%e shall be no %i'ht to %eco!e% the sa(e f%o( the obli'ee who has spent o% cons)(ed it in 'ood faith. "112;a# ARTICLE 10$8.7hen- afte% an action to enfo%ce a ci!il obli'ation has failed the defendant !ol)nta%il& pe%fo%(s the obli'ation- he cannot de(and the %et)%n of what he has deli!e%ed o% the pa&(ent of the !al)e of the se%!ice he has %ende%ed. ARTICLE 10$:.7hen a testate o% intestate hei% !ol)nta%il& pa&s a debt of the decedent e/ceedin' the !al)e of the p%ope%t& which he %ecei!ed b& will o% b& the law of intestac& f%o( the estate of the deceased- the pa&(ent is !alid and cannot be %escinded b& the pa&e%. ARTICLE 10.;.7hen a will is decla%ed !oid beca)se it has not been e/ec)ted in acco%dance with the fo%(alities %e5)i%ed b& law- b)t one of the intestate hei%safte% the settle(ent of the debts of the deceased- pa&s a le'ac& in co(pliance with a cla)se in the defecti!e will- the pa&(ent is effecti!e and i%%e!ocable. TITLE I? Estoppel "n# ARTICLE 10.1.Th%o)'h estoppel an ad(ission o% %ep%esentation is %ende%ed concl)si!e )pon the pe%son (akin' it- and cannot be denied o% disp%o!ed as a'ainst the pe%son %el&in' the%eon. cda

ARTICLE 10.$.The p%inciples of estoppel a%e he%eb& adopted insofa% as the& a%e not in conflict with the p%o!isions of this Code- the Code of Co((e%ce- the R)les of Co)%t and special laws. ARTICLE 10...Estoppel (a& in pais o% b& deed. ARTICLE 10.0.7hen a pe%son who is not the owne% of a thin' sells o% alienates and deli!e%s it- and late% the selle% o% '%anto% ac5)i%es title the%eto- s)ch title passes b& ope%ation of law to the b)&e% o% '%antee. ARTICLE 10.1.If a pe%son in %ep%esentation of anothe% sells o% alienates a thin'the fo%(e% cannot s)bse5)entl& set )p his own title as a'ainst the b)&e% o% '%antee. ARTICLE 10.2.A lessee o% a bailee is estopped f%o( asse%tin' title to the thin' leased o% %ecei!ed- as a'ainst the lesso% o% bailo%. ARTICLE 10.4.7hen in a cont%act between thi%d pe%sons conce%nin' i((o!able p%ope%t&- one of the( is (isled b& a pe%son with %espect to the owne%ship o% %eal %i'ht o!e% the %eal estate- the latte% is p%ecl)ded f%o( asse%tin' his le'al title o% inte%est the%ein- p%o!ided all these %e5)isites a%e p%esent> "1#The%e ()st be f%a)d)lent %ep%esentation o% w%on'f)l conceal(ent of facts known to the pa%t& estopped< "$#The pa%t& p%ecl)ded ()st intend that the othe% sho)ld act )pon the facts as (is%ep%esented< ".#The pa%t& (isled ()st ha!e been )nawa%e of the t%)e facts< and "0#The pa%t& def%a)ded ()st ha!e acted in acco%dance with the (is%ep%esentation. cdt ARTICLE 10.8.*ne who has allowed anothe% to ass)(e appa%ent owne%ship of pe%sonal p%ope%t& fo% the p)%pose of (akin' an& t%ansfe% of it- cannot- if he %ecei!ed the s)( fo% which a pled'e has been constit)ted- set )p his own title to defeat the pled'e of the p%ope%t&- (ade b& the othe% to a pled'ee who %ecei!ed the sa(e in 'ood faith and fo% !al)e.

ARTICLE 10.:. Estoppel is effecti!e onl& as between the pa%ties the%eto o% thei% s)ccesso%s in inte%est. TITLE ?

T%)sts "n# CHAPTER 1 +ene%al P%o!isions ARTICLE 100;.A pe%son who establishes a t%)st is called the t%)sto%< one in who( confidence is %eposed as %e'a%ds p%ope%t& fo% the benefit of anothe% pe%son is known as the t%)stee< and the pe%son fo% whose benefit the t%)st has been c%eated is %efe%%ed to as the beneficia%&. ARTICLE 1001.T%)sts a%e eithe% e/p%ess o% i(plied. E/p%ess t%)sts a%e c%eated b& the intention of the t%)sto% o% of the pa%ties. I(plied t%)sts co(e into bein' b& ope%ation of law. ARTICLE 100$.The p%inciples of the 'ene%al law of t%)sts- insofa% as the& a%e not in conflict with this Code- the Code of Co((e%ce- the R)les of Co)%t and special laws a%e he%eb& adopted. cd i CHAPTER $ E/p%ess T%)sts ARTICLE 100..No e/p%ess t%)sts conce%nin' an i((o!able o% an& inte%est the%ein (a& be p%o!ed b& pa%ol e!idence. ARTICLE 1000.No pa%tic)la% wo%ds a%e %e5)i%ed fo% the c%eation of an e/p%ess t%)st- it bein' s)fficient that a t%)st is clea%l& intended. ARTICLE 1001.No t%)st shall fail beca)se the t%)stee appointed declines the desi'nation- )nless the cont%a%& sho)ld appea% in the inst%)(ent constit)tin' the t%)st. ARTICLE 1002.Acceptance b& the beneficia%& is necessa%&. Ne!e%theless- if the t%)st i(poses no one%o)s condition )pon the beneficia%&- his acceptance shall be p%es)(ed- if the%e is no p%oof to the cont%a%&. CHAPTER . I(plied T%)sts ARTICLE 1004.The en)(e%ation of the followin' cases of i(plied t%)st does not e/cl)de othe%s established b& the 'ene%al law of t%)st- b)t the li(itation laid down in a%ticle 100$ shall be applicable.

ARTICLE 1008.The%e is an i(plied t%)st when p%ope%t& is sold- and the le'al estate is '%anted to one pa%t& b)t the p%ice is paid b& anothe% fo% the p)%pose of ha!in' the beneficial inte%est of the p%ope%t&. The fo%(e% is the t%)stee- while the latte% is the beneficia%&. Howe!e%- if the pe%son to who( the title is con!e&ed is a child- le'iti(ate o% ille'iti(ate- of the one pa&in' the p%ice of the sale- no t%)st is i(plied b& law- it bein' disp)tabl& p%es)(ed that the%e is a 'ift in fa!o% of the child. aisa dc ARTICLE 100:.The%e is also an i(plied t%)st when a donation is (ade to a pe%son b)t it appea%s that altho)'h the le'al estate is t%ans(itted to the doneehe ne!e%theless is eithe% to ha!e no beneficial inte%est o% onl& a pa%t the%eof. ARTICLE 101;.If the p%ice of a sale of p%ope%t& is loaned o% paid b& one pe%son fo% the benefit of anothe% and the con!e&ance is (ade to the lende% o% pa&o% to sec)%e the pa&(ent of the debt- a t%)st a%ises b& ope%ation of law in fa!o% of the pe%son to who( the (one& is loaned o% fo% who( it is paid. The latte% (a& %edee( the p%ope%t& and co(pel a con!e&ance the%eof to hi(. ARTICLE 1011.7hen land passes b& s)ccession to an& pe%son and he ca)ses the le'al title to be p)t in the na(e of anothe%- a t%)st is established b& i(plication of law fo% the benefit of the t%)e owne%. ARTICLE 101$.If two o% (o%e pe%sons a'%ee to p)%chase p%ope%t& and b& co((on consent the le'al title is taken in the na(e of one of the( fo% the benefit of all- a t%)st is c%eated b& fo%ce of law in fa!o% of the othe%s in p%opo%tion to the inte%est of each. ARTICLE 101..7hen p%ope%t& is con!e&ed to a pe%son in %eliance )pon his decla%ed intention to hold it fo%- o% t%ansfe% it to anothe% o% the '%anto%- the%e is an i(plied t%)st in fa!o% of the pe%son whose benefit is conte(plated. ARTICLE 1010.If an absol)te con!e&ance of p%ope%t& is (ade in o%de% to sec)%e the pe%fo%(ance of an obli'ation of the '%anto% towa%d the '%antee- a t%)st b& !i%t)e of law is established. If the f)lfill(ent of the obli'ation is offe%ed b& the '%anto% when it beco(es d)e- he (a& de(and the %econ!e&ance of the p%ope%t& to hi(. ARTICLE 1011.7hen an& t%)stee- ')a%dian o% othe% pe%son holdin' a fid)cia%& %elationship )ses t%)st f)nds fo% the p)%chase of p%ope%t& and ca)ses the con!e&ance to be (ade to hi( o% to a thi%d pe%son- a t%)st is established b& ope%ation of law in fa!o% of the pe%son to who( the f)nds belon'. ARTICLE 1012.If p%ope%t& is ac5)i%ed th%o)'h (istake o% f%a)d- the pe%son obtainin' it is- b& fo%ce of law- conside%ed a t%)stee of an i(plied t%)st fo% the benefit of the pe%son f%o( who( the p%ope%t& co(es.

ARTICLE 1014.An i(plied t%)st (a& be p%o!ed b& o%al e!idence. TITLE ?I Aales CHAPTER 1 Nat)%e and Bo%( of the Cont%act ARTICLE 1018.C& the cont%act of sale one of the cont%actin' pa%ties obli'ates hi(self to t%ansfe% the owne%ship of and to deli!e% a dete%(inate thin'- and the othe% to pa& the%efo% a p%ice ce%tain in (one& o% its e5)i!alent. casia A cont%act of sale (a& be absol)te o% conditional. "1001a# ARTICLE 101:.The thin' ()st be licit and the !endo% ()st ha!e a %i'ht to t%ansfe% the owne%ship the%eof at the ti(e it is deli!e%ed. "n# ARTICLE 102;.A thin' is dete%(inate when it is pa%tic)la%l& desi'nated o% ph&sicall& se'%e'ated f%o( all othe%s of the sa(e class. The %e5)isite that a thin' be dete%(inate is satisfied if at the ti(e the cont%act is ente%ed into- the thin' is capable of bein' (ade dete%(inate witho)t the necessit& of a new o% f)%the% a'%ee(ent between the pa%ties. "n# ARTICLE 1021.Thin's ha!in' a potential e/istence (a& be the ob3ect of the cont%act of sale. The efficac& of the sale of a (e%e hope o% e/pectanc& is dee(ed s)b3ect to the condition that the thin' will co(e into e/istence. The sale of a !ain hope o% e/pectanc& is !oid. "n# ARTICLE 102$.The 'oods which fo%( the s)b3ect of a cont%act of sale (a& be eithe% e/istin' 'oods- owned o% possessed b& the selle%- o% 'oods to be (an)fact)%ed- %aised- o% ac5)i%ed b& the selle% afte% the pe%fection of the cont%act of sale- in this Title called f)t)%e 'oods. aisa dc The%e (a& be a cont%act of sale of 'oods- whose ac5)isition b& the selle% depends )pon a contin'enc& which (a& o% (a& not happen. "n# ARTICLE 102..The sole owne% of a thin' (a& sell an )ndi!ided inte%est the%ein. "n#

ARTICLE 1020.In the case of f)n'ible 'oods- the%e (a& be a sale of an )ndi!ided sha%e of a specific (ass- tho)'h the selle% p)%po%ts to sell and the b)&e% to b)& a definite n)(be%- wei'ht o% (eas)%e of the 'oods in the (ass- and tho)'h the n)(be%- wei'ht o% (eas)%e of the 'oods in the (ass is )ndete%(ined. C& s)ch a sale the b)&e% beco(es owne% in co((on of s)ch a sha%e of the (ass as the n)(be%- wei'ht o% (eas)%e bo)'ht bea%s to the n)(be%- wei'ht o% (eas)%e of the (ass. If the (ass contains less than the n)(be%- wei'ht o% (eas)%e bo)'ht- the b)&e% beco(es the owne% of the whole (ass and the selle% is bo)nd to (ake 'ood the deficienc& f%o( 'oods of the sa(e kind and 5)alit&- )nless a cont%a%& intent appea%s. "n# ARTICLE 1021.Thin's s)b3ect to a %esol)to%& condition (a& be the ob3ect of the cont%act of sale. "n# ARTICLE 1022.In const%)in' a cont%act containin' p%o!isions cha%acte%istic of both the cont%act of sale and of the cont%act of a'enc& to sell- the essential cla)ses of the whole inst%)(ent shall be conside%ed. "n# ARTICLE 1024.A cont%act fo% the deli!e%& at a ce%tain p%ice of an a%ticle which the !endo% in the o%dina%& co)%se of his b)siness (an)fact)%es o% p%oc)%es fo% the 'ene%al (a%ket- whethe% the sa(e is on hand at the ti(e o% not- is a cont%act of sale- b)t if the 'oods a%e to be (an)fact)%ed speciall& fo% the c)sto(e% and )pon his special o%de%- and not fo% the 'ene%al (a%ket- it is a cont%act fo% a piece of wo%k. "n# aisa dc ARTICLE 1028.If the conside%ation of the cont%act consists pa%tl& in (one&- and pa%tl& in anothe% thin'- the t%ansaction shall be cha%acte%i,ed b& the (anifest intention of the pa%ties. If s)ch intention does not clea%l& appea%- it shall be conside%ed a ba%te% if the !al)e of the thin' 'i!en as a pa%t of the conside%ation e/ceeds the a(o)nt of the (one& o% its e5)i!alent< othe%wise- it is a sale. "1002a# ARTICLE 102:.In o%de% that the p%ice (a& be conside%ed ce%tain- it shall be s)fficient that it be so with %efe%ence to anothe% thin' ce%tain- o% that the dete%(ination the%eof be left to the 3)d'(ent of a special pe%son o% pe%sons. Aho)ld s)ch pe%son o% pe%sons be )nable o% )nwillin' to fi/ it- the cont%act shall be inefficacio)s- )nless the pa%ties s)bse5)entl& a'%ee )pon the p%ice. If the thi%d pe%son o% pe%sons acted in bad faith o% b& (istake- the co)%ts (a& fi/ the p%ice. 7he%e s)ch thi%d pe%son o% pe%sons a%e p%e!ented f%o( fi/in' the p%ice o% te%(s b& fa)lt of the selle% o% the b)&e%- the pa%t& not in fa)lt (a& ha!e s)ch %e(edies a'ainst the pa%t& in fa)lt as a%e allowed the selle% o% the b)&e%- as the case (a& be. "1004a#

ARTICLE 104;.+%oss inade5)ac& of p%ice does not affect a cont%act of salee/cept as it (a& indicate a defect in the consent- o% that the pa%ties %eall& intended a donation o% so(e othe% act o% cont%act. "n# ARTICLE 1041.If the p%ice is si()lated- the sale is !oid- b)t the act (a& be shown to ha!e been in %ealit& a donation- o% so(e othe% act o% cont%act. "n# ARTICLE 104$.The p%ice of sec)%ities- '%ain- li5)ids- and othe% thin's shall also be conside%ed ce%tain- when the p%ice fi/ed is that which the thin' sold wo)ld ha!e on a definite da&- o% in a pa%tic)la% e/chan'e o% (a%ket- o% when an a(o)nt is fi/ed abo!e o% below the p%ice on s)ch da&- o% in s)ch e/chan'e o% (a%ketp%o!ided said a(o)nt be ce%tain. "1008# cda ARTICLE 104..The fi/in' of the p%ice can ne!e% be left to the disc%etion of one of the cont%actin' pa%ties. Howe!e%- if the p%ice fi/ed b& one of the pa%ties is accepted b& the othe%- the sale is pe%fected. "100:a# ARTICLE 1040.7he%e the p%ice cannot be dete%(ined in acco%dance with the p%ecedin' a%ticles- o% in an& othe% (anne%- the cont%act is inefficacio)s. Howe!e%if the thin' o% an& pa%t the%eof has been deli!e%ed to and app%op%iated b& the b)&e%- he ()st pa& a %easonable p%ice the%efo%. 7hat is a %easonable p%ice is a 5)estion of fact dependent on the ci%c)(stances of each pa%tic)la% case. "n# ARTICLE 1041.The cont%act of sale is pe%fected at the (o(ent the%e is a (eetin' of (inds )pon the thin' which is the ob3ect of the cont%act and )pon the p%ice.

B%o( that (o(ent- the pa%ties (a& %ecip%ocall& de(and pe%fo%(ance- s)b3ect to the p%o!isions of the law 'o!e%nin' the fo%( of cont%acts. "101;a# ARTICLE 1042.In the case of a sale b& a)ction> "1#7he%e 'oods a%e p)t )p fo% sale b& a)ction in lots- each lot is the s)b3ect of a sepa%ate cont%act of sale. "$#A sale b& a)ction is pe%fected when the a)ctionee% anno)nces its pe%fection b& the fall of the ha((e%- o% in othe% c)sto(a%& (anne%. @ntil s)ch anno)nce(ent is (ade- an& bidde% (a& %et%act his bid< and the a)ctionee% (a& withd%aw the 'oods f%o( the sale )nless the a)ction has been anno)nced to be witho)t %ese%!e. cdt ".#A %i'ht to bid (a& be %ese%!ed e/p%essl& b& o% on behalf of the selle%- )nless othe%wise p%o!ided b& law o% b& stip)lation.

"0#7he%e notice has not been 'i!en that a sale b& a)ction is s)b3ect to a %i'ht to bid on behalf of the selle%- it shall not be lawf)l fo% the selle% to bid hi(self o% to e(plo& o% ind)ce an& pe%son to bid at s)ch sale on his behalf o% fo% the a)ctionee%- to e(plo& o% ind)ce an& pe%son to bid at s)ch sale on behalf of the selle% o% knowin'l& to take an& bid f%o( the selle% o% an& pe%son e(plo&ed b& hi(. An& sale cont%a!enin' this %)le (a& be t%eated as f%a)d)lent b& the b)&e%. "n# ARTICLE 1044.The owne%ship of the thin' sold shall be t%ansfe%%ed to the !endee )pon the act)al o% const%)cti!e deli!e%& the%eof. "n# ARTICLE 1048.The pa%ties (a& stip)late that owne%ship in the thin' shall not pass to the p)%chase% )ntil he has f)ll& paid the p%ice. "n# ARTICLE 104:.A p%o(ise to b)& and sell a dete%(inate thin' fo% a p%ice ce%tain is %ecip%ocall& de(andable. An accepted )nilate%al p%o(ise to b)& o% to sell a dete%(inate thin' fo% a p%ice ce%tain is bindin' )pon the p%o(iso% if the p%o(ise is s)ppo%ted b& a conside%ation distinct f%o( the p%ice. "1011a# ARTICLE 108;.An& in3)%& to o% benefit f%o( the thin' sold- afte% the cont%act has been pe%fected- f%o( the (o(ent of the pe%fection of the cont%act to the ti(e of deli!e%&- shall be 'o!e%ned b& a%ticles 112. to 1121- and 1$2$. This %)le shall appl& to the sale of f)n'ible thin's- (ade independentl& and fo% a sin'le p%ice- o% witho)t conside%ation of thei% wei'ht- n)(be%- o% (eas)%e. cd i Aho)ld f)n'ible thin's be sold fo% a p%ice fi/ed acco%din' to wei'ht- n)(be%- o% (eas)%e- the %isk shall not be i(p)ted to the !endee )ntil the& ha!e been wei'hed- co)nted- o% (eas)%ed and deli!e%ed- )nless the latte% has inc)%%ed in dela&. "101$a# ARTICLE 1081.In the cont%act of sale of 'oods b& desc%iption o% b& sa(ple- the cont%act (a& be %escinded if the b)lk of the 'oods deli!e%ed do not co%%espond with the desc%iption o% the sa(ple- and if the cont%act be b& sa(ple as well as desc%iption- it is not s)fficient that the b)lk of 'oods co%%espond with the sa(ple if the& do not also co%%espond with the desc%iption. The b)&e% shall ha!e a %easonable oppo%t)nit& of co(pa%in' the b)lk with the desc%iption o% the sa(ple. "n# ARTICLE 108$.7hene!e% ea%nest (one& is 'i!en in a cont%act of sale- it shall be conside%ed as pa%t of the p%ice and as p%oof of the pe%fection of the cont%act. "1010a#

ARTICLE 108..A)b3ect to the p%o!isions of the Atat)te of B%a)ds and of an& othe% applicable stat)te- a cont%act of sale (a& be (ade in w%itin'- o% b& wo%d of (o)th- o% pa%tl& in w%itin' and pa%tl& b& wo%d of (o)th- o% (a& be infe%%ed f%o( the cond)ct of the pa%ties. "n# ARTICLE 1080.In a cont%act of sale of pe%sonal p%ope%t& the p%ice of which is pa&able in install(ents- the !endo% (a& e/e%cise an& of the followin' %e(edies> "1#E/act f)lfill(ent of the obli'ation- sho)ld the !endee fail to pa&< "$#Cancel the sale- sho)ld the !endee=s fail)%e to pa& co!e% two o% (o%e install(ents< cdt ".#Bo%eclose the chattel (o%t'a'e on the thin' sold- if one has been constit)tedsho)ld the !endee=s fail)%e to pa& co!e% two o% (o%e install(ents. In this case- he shall ha!e no f)%the% action a'ainst the p)%chase% to %eco!e% an& )npaid balance of the p%ice. An& a'%ee(ent to the cont%a%& shall be !oid. "10106A6a# ARTICLE 1081.The p%ecedin' a%ticle shall be applied to cont%acts p)%po%tin' to be leases of pe%sonal p%ope%t& with option to b)&- when the lesso% has dep%i!ed the lessee of the possession o% en3o&(ent of the thin'. "10106A6a# ARTICLE 1082.In the cases %efe%%ed to in the two p%ecedin' a%ticles- a stip)lation that the install(ents o% %ents paid shall not be %et)%ned to the !endee o% lessee shall be !alid insofa% as the sa(e (a& not be )nconscionable )nde% the ci%c)(stances. "n# ARTICLE 1084.The e/penses fo% the e/ec)tion and %e'ist%ation of the sale shall be bo%ne b& the !endo%- )nless the%e is a stip)lation to the cont%a%&. "1011a# ARTICLE 1088.The e/p%op%iation of p%ope%t& fo% p)blic )se is 'o!e%ned b& special laws. "1012# CHAPTER $ Capacit& to C)& o% Aell ARTICLE 108:.All pe%sons who a%e a)tho%i,ed in this Code to obli'ate the(sel!es- (a& ente% into a cont%act of sale- sa!in' the (odifications contained in the followin' a%ticles. 7he%e necessa%ies a%e sold and deli!e%ed to a (ino% o% othe% pe%son witho)t capacit& to act- he ()st pa& a %easonable p%ice the%efo%. Necessa%ies a%e those %efe%%ed to in a%ticle $:;. "1014a# cd

ARTICLE 10:;.The h)sband and the wife cannot sell p%ope%t& to each othe%e/cept> "1#7hen a sepa%ation of p%ope%t& was a'%eed )pon in the (a%%ia'e settle(ents< o% "$#7hen the%e has been a 3)dicial sepa%ation of p%ope%t& )nde% a%ticle 1:1. "1018a# ARTICLE 10:1.The followin' pe%sons cannot ac5)i%e b& p)%chase- e!en at a p)blic o% 3)dicial a)ction- eithe% in pe%son o% th%o)'h the (ediation of anothe%> "1#The ')a%dian- the p%ope%t& of the pe%son o% pe%sons who (a& be )nde% his ')a%dianship< "$#A'ents- the p%ope%t& whose ad(inist%ation o% sale (a& ha!e been int%)sted to the(- )nless the consent of the p%incipal has been 'i!en< ".#E/ec)to%s and ad(inist%ato%s- the p%ope%t& of the estate )nde% ad(inist%ation< "0#P)blic office%s and e(plo&ees- the p%ope%t& of the Atate o% of an& s)bdi!ision the%eof- o% of an& 'o!e%n(ent6owned o% cont%olled co%po%ation- o% instit)tion- the ad(inist%ation of which has been int%)sted to the(< this p%o!ision shall appl& to 3)d'es and 'o!e%n(ent e/pe%ts who- in an& (anne% whatsoe!e%- take pa%t in the sale< cdasia "1#9)stices- 3)d'es- p%osec)tin' atto%ne&s- cle%ks of s)pe%io% and infe%io% co)%tsand othe% office%s and e(plo&ees connected with the ad(inist%ation of 3)sticethe p%ope%t& and %i'hts in liti'ation o% le!ied )pon an e/ec)tion befo%e the co)%t within whose 3)%isdiction o% te%%ito%& the& e/e%cise thei% %especti!e f)nctions< this p%ohibition incl)des the act of ac5)i%in' b& assi'n(ent and shall appl& to law&e%s- with %espect to the p%ope%t& and %i'hts which (a& be the ob3ect of an& liti'ation in which the& (a& take pa%t b& !i%t)e of thei% p%ofession< "2#An& othe%s speciall& dis5)alified b& law. "101:a# ARTICLE 10:$.The p%ohibitions in the two p%ecedin' a%ticles a%e applicable to sales in le'al %ede(ption- co(p%o(ises and %en)nciations. "n# CHAPTER . Effects of the Cont%act 7hen the Thin' Aold Has Ceen Lost ARTICLE 10:..If at the ti(e the cont%act of sale is pe%fected- the thin' which is the ob3ect of the cont%act has been enti%el& lost- the cont%act shall be witho)t an& effect.

C)t if the thin' sho)ld ha!e been lost in pa%t onl&- the !endee (a& choose between withd%awin' f%o( the cont%act and de(andin' the %e(ainin' pa%tpa&in' its p%ice in p%opo%tion to the total s)( a'%eed )pon. "102;a# ARTICLE 10:0.7he%e the pa%ties p)%po%t a sale of specific 'oods- and the 'oods witho)t the knowled'e of the selle% ha!e pe%ished in pa%t o% ha!e wholl& o% in a (ate%ial pa%t so dete%io%ated in 5)alit& as to be s)bstantiall& chan'ed in cha%acte%- the b)&e% (a& at his option t%eat the sale> "1#As a!oided< o% casia "$#As !alid in all of the e/istin' 'oods o% in so ()ch the%eof as ha!e not dete%io%ated- and as bindin' the b)&e% to pa& the a'%eed p%ice fo% the 'oods in which the owne%ship will pass- if the sale was di!isible. "n# CHAPTER 0 *bli'ations of the ?endo% AECTI*N 1 +ene%al P%o!isions ARTICLE 10:1.The !endo% is bo)nd to t%ansfe% the owne%ship of and deli!e%- as well as wa%%ant the thin' which is the ob3ect of the sale. "1021a# ARTICLE 10:2.The owne%ship of the thin' sold is ac5)i%ed b& the !endee f%o( the (o(ent it is deli!e%ed to hi( in an& of the wa&s specified in a%ticles 10:4 to 11;1- o% in an& othe% (anne% si'nif&in' an a'%ee(ent that the possession is t%ansfe%%ed f%o( the !endo% to the !endee. "n# cda AECTI*N $ Eeli!e%& of the Thin' Aold ARTICLE 10:4.The thin' sold shall be )nde%stood as deli!e%ed- when it is placed in the cont%ol and possession of the !endee. "102$a# cdasia ARTICLE 10:8.7hen the sale is (ade th%o)'h a p)blic inst%)(ent- the e/ec)tion the%eof shall be e5)i!alent to the deli!e%& of the thin' which is the ob3ect of the cont%act- if f%o( the deed the cont%a%& does not appea% o% cannot clea%l& be infe%%ed. 7ith %e'a%d to (o!able p%ope%t&- its deli!e%& (a& also be (ade b& the deli!e%& of the ke&s of the place o% deposito%& whe%e it is sto%ed o% kept. "102.a#

ARTICLE 10::.The deli!e%& of (o!able p%ope%t& (a& likewise be (ade b& the (e%e consent o% a'%ee(ent of the cont%actin' pa%ties- if the thin' sold cannot be t%ansfe%%ed to the possession of the !endee at the ti(e of the sale- o% if the latte% al%ead& had it in his possession fo% an& othe% %eason. "102.a# cdasia ARTICLE 11;;. The%e (a& also be t%adition constit)t)( possesso%i)(. "n# ARTICLE 11;1.7ith %espect to inco%po%eal p%ope%t&- the p%o!isions of the fi%st pa%a'%aph of a%ticle 10:8 shall 'o!e%n. In an& othe% case whe%ein said p%o!isions a%e not applicable- the placin' of the titles of owne%ship in the possession of the !endee o% the )se b& the !endee of his %i'hts- with the !endo%=s consent- shall be )nde%stood as a deli!e%&. "1020# ARTICLE 11;$.7hen 'oods a%e deli!e%ed to the b)&e% on sale o% %et)%n to 'i!e the b)&e% an option to %et)%n the 'oods instead of pa&in' the p%ice- the owne%ship passes to the b)&e% on deli!e%&- b)t he (a& %e!est the owne%ship in the selle% b& %et)%nin' o% tende%in' the 'oods within the ti(e fi/ed in the cont%act- o%- if no ti(e has been fi/ed- within a %easonable ti(e. "n#

7hen 'oods a%e deli!e%ed to the b)&e% on app%o!al o% on t%ial o% on satisfactiono% othe% si(ila% te%(s- the owne%ship the%ein passes to the b)&e%> "1#7hen he si'nifies his app%o!al o% acceptance to the selle% o% does an& othe% act adoptin' the t%ansaction< "$#If he does not si'nif& his app%o!al o% acceptance to the selle%- b)t %etains the 'oods witho)t 'i!in' notice of %e3ection- then if a ti(e has been fi/ed fo% the %et)%n of the 'oods- on the e/pi%ation of s)ch ti(e- and- if no ti(e has been fi/edon the e/pi%ation of a %easonable ti(e. 7hat is a %easonable ti(e is a 5)estion of fact. "n# ARTICLE 11;..7he%e the%e is a cont%act of sale of specific 'oods- the selle% (a&- b& the te%(s of the cont%act- %ese%!e the %i'ht of possession o% owne%ship in the 'oods )ntil ce%tain conditions ha!e been f)lfilled. The %i'ht of possession o% owne%ship (a& be th)s %ese%!ed notwithstandin' the deli!e%& of the 'oods to the b)&e% o% to a ca%%ie% o% othe% bailee fo% the p)%pose of t%ans(ission to the b)&e%. cdtai 7he%e 'oods a%e shipped- and b& the bill of ladin' the 'oods a%e deli!e%able to the selle% o% his a'ent- o% to the o%de% of the selle% o% of his a'ent- the selle% the%eb& %ese%!es the owne%ship in the 'oods. C)t- if e/cept fo% the fo%( of the bill of ladin'- the owne%ship wo)ld ha!e passed to the b)&e% on ship(ent of the 'oods- the selle%=s p%ope%t& in the 'oods shall be dee(ed to be onl& fo% the

p)%pose of sec)%in' pe%fo%(ance b& the b)&e% of his obli'ations )nde% the cont%act. 7he%e 'oods a%e shipped- and b& the bill of ladin' the 'oods a%e deli!e%able to o%de% of the b)&e% o% of his a'ent- b)t possession of the bill of ladin' is %etained b& the selle% o% his a'ent- the selle% the%eb& %ese%!es a %i'ht to the possession of the 'oods as a'ainst the b)&e%. 7he%e the selle% of 'oods d%aws on the b)&e% fo% the p%ice and t%ans(its the bill of e/chan'e and bill of ladin' to'ethe% to the b)&e% to sec)%e acceptance o% pa&(ent of the bill of e/chan'e- the b)&e% is bo)nd to %et)%n the bill of ladin' if he does not hono% the bill of e/chan'e- and if he w%on'f)ll& %etains the bill of ladin' he ac5)i%es no added %i'ht the%eb&. If- howe!e%- the bill of ladin' p%o!ides that the 'oods a%e deli!e%able to the b)&e% o% to the o%de% of the b)&e%- o% is indo%sed in blank- o% to the b)&e% b& the consi'nee na(ed the%ein- one who p)%chases in 'ood faith- fo% !al)e- the bill of ladin'- o% 'oods f%o( the b)&e% will obtain the owne%ship in the 'oods- altho)'h the bill of e/chan'e has not been hono%ed- p%o!ided that s)ch p)%chase% has %ecei!ed deli!e%& of the bill of ladin' indo%sed b& the consi'nee na(ed the%ein- o% of the 'oods- witho)t notice of the facts (akin' the t%ansfe% w%on'f)l. "n# cdt ARTICLE 11;0.@nless othe%wise a'%eed- the 'oods %e(ain at the selle%=s %isk )ntil the owne%ship the%ein is t%ansfe%%ed to the b)&e%- b)t when the owne%ship the%ein is t%ansfe%%ed to the b)&e% the 'oods a%e at the b)&e%=s %isk whethe% act)al deli!e%& has been (ade o% not- e/cept that> "1#7he%e deli!e%& of the 'oods has been (ade to the b)&e% o% to a bailee fo% the b)&e%- in p)%s)ance of the cont%act and the owne%ship in the 'oods has been %etained b& the selle% (e%el& to sec)%e pe%fo%(ance b& the b)&e% of his obli'ations )nde% the cont%act- the 'oods a%e at the b)&e%=s %isk f%o( the ti(e of s)ch deli!e%&< "$#7he%e act)al deli!e%& has been dela&ed th%o)'h the fa)lt of eithe% the b)&e% o% selle% the 'oods a%e at the %isk of the pa%t& in fa)lt. "n# ARTICLE 11;1.A)b3ect to the p%o!isions of this Title- whe%e 'oods a%e sold b& a pe%son who is not the owne% the%eof- and who does not sell the( )nde% a)tho%it& o% with the consent of the owne%- the b)&e% ac5)i%es no bette% title to the 'oods than the selle% had- )nless the owne% of the 'oods is b& his cond)ct p%ecl)ded f%o( den&in' the selle%=s a)tho%it& to sell. Nothin' in this Title- howe!e%- shall affect> "1#The p%o!isions of an& facto%s= acts- %eco%din' laws- o% an& othe% p%o!ision of law enablin' the appa%ent owne% of 'oods to dispose of the( as if he we%e the t%)e owne% the%eof<

"$#The !alidit& of an& cont%act of sale )nde% stat)to%& powe% of sale o% )nde% the o%de% of a co)%t of co(petent 3)%isdiction< ".#P)%chases (ade in a (e%chant=s sto%e- o% in fai%s- o% (a%kets- in acco%dance with the Code of Co((e%ce and special laws. "n# casia ARTICLE 11;2.7he%e the selle% of 'oods has a !oidable title the%eto- b)t his title has not been a!oided at the ti(e of the sale- the b)&e% ac5)i%es a 'ood title to the 'oods- p%o!ided he b)&s the( in 'ood faith- fo% !al)e- and witho)t notice of the selle%=s defect of title. "n# ARTICLE 11;4.A doc)(ent of title in which it is stated that the 'oods %efe%%ed to the%ein will be deli!e%ed to the bea%e%- o% to the o%de% of an& pe%son na(ed in s)ch doc)(ent is a ne'otiable doc)(ent of title. "n# ARTICLE 11;8.A ne'otiable doc)(ent of title (a& be ne'otiated b& deli!e%&> "1#7he%e b& the te%(s of the doc)(ent the ca%%ie%- wa%eho)se(an o% othe% bailee iss)in' the sa(e )nde%takes to deli!e% the 'oods to the bea%e%< o% "$#7he%e b& the te%(s of the doc)(ent the ca%%ie%- wa%eho)se(an o% othe% bailee iss)in' the sa(e )nde%takes to deli!e% the 'oods to the o%de% of a specified pe%son- and s)ch pe%son o% a s)bse5)ent indo%see of the doc)(ent has indo%sed it in blank o% to the bea%e%. 7he%e b& the te%(s of a ne'otiable doc)(ent of title the 'oods a%e deli!e%able to bea%e% o% whe%e a ne'otiable doc)(ent of title has been indo%sed in blank o% to bea%e%- an& holde% (a& indo%se the sa(e to hi(self o% to an& specified pe%sonand in s)ch case the doc)(ent shall the%eafte% be ne'otiated onl& b& the indo%se(ent of s)ch indo%see. "n# ARTICLE 11;:.A ne'otiable doc)(ent of title (a& be ne'otiated b& the indo%se(ent of the pe%son to whose o%de% the 'oods a%e b& the te%(s of the doc)(ent deli!e%able. A)ch indo%se(ent (a& be in blank- to bea%e% o% to a specified pe%son. If indo%sed to a specified pe%son- it (a& be a'ain ne'otiated b& the indo%se(ent of s)ch pe%son in blank- to bea%e% o% to anothe% specified pe%son. A)bse5)ent ne'otiations (a& be (ade in like (anne%. "n# cd ARTICLE 111;.If a doc)(ent of title which contains an )nde%takin' b& a ca%%ie%wa%eho)se(an o% othe% bailee to deli!e% the 'oods to bea%e%- to a specified pe%son o% o%de% of a specified pe%son o% which contains wo%ds of like i(po%t- has placed )pon it the wo%ds not ne'otiable- non6ne'otiable o% the like- s)ch doc)(ent (a& ne!e%theless be ne'otiated b& the holde% and is a ne'otiable doc)(ent of title within the (eanin' of this Title. C)t nothin' in this Title contained shall be const%)ed as li(itin' o% definin' the effect )pon the

obli'ations of the ca%%ie%- wa%eho)se(an- o% othe% bailee iss)in' a doc)(ent of title o% placin' the%eon the wo%ds not ne'otiable- non6ne'otiable- o% the like. "n# ARTICLE 1111.A doc)(ent of title which is not in s)ch fo%( that it can be ne'otiated b& deli!e%& (a& be t%ansfe%%ed b& the holde% b& deli!e%& to a p)%chase% o% donee. A non6ne'otiable doc)(ent cannot be ne'otiated and the indo%se(ent of s)ch a doc)(ent 'i!es the t%ansfe%ee no additional %i'ht. "n# ARTICLE 111$. A ne'otiable doc)(ent of title (a& be ne'otiated> "1#C& the owne% the%eof< o% "$#C& an& pe%son to who( the possession o% c)stod& of the doc)(ent has been ent%)sted b& the owne%- if- b& the te%(s of the doc)(ent the bailee iss)in' the doc)(ent )nde%takes to deli!e% the 'oods to the o%de% of the pe%son to who( the possession o% c)stod& of the doc)(ent has been ent%)sted- o% if at the ti(e of s)ch ent%)stin' the doc)(ent is in s)ch fo%( that it (a& be ne'otiated b& deli!e%&. "n# ARTICLE 111..A pe%son to who( a ne'otiable doc)(ent of title has been d)l& ne'otiated ac5)i%es the%eb&> aisa dc "1#A)ch title to the 'oods as the pe%son ne'otiatin' the doc)(ent to hi( had o% had abilit& to con!e& to a p)%chase% in 'ood faith fo% !al)e and also s)ch title to the 'oods as the pe%son to whose o%de% the 'oods we%e to be deli!e%ed b& the te%(s of the doc)(ent had o% had abilit& to con!e& to a p)%chase% in 'ood faith fo% !al)e< and "$#The di%ect obli'ation of the bailee iss)in' the doc)(ent to hold possession of the 'oods fo% hi( acco%din' to the te%(s of the doc)(ent as f)ll& as if s)ch bailee had cont%acted di%ectl& with hi(. "n# ARTICLE 1110. A pe%son to who( a doc)(ent of title has been t%ansfe%%ed- b)t not ne'otiated- ac5)i%es the%eb&- as a'ainst the t%ansfe%o%- the title to the 'oodss)b3ect to the te%(s of an& a'%ee(ent with the t%ansfe%o%. If the doc)(ent is non6ne'otiable- s)ch pe%son also ac5)i%es the %i'ht to notif& the bailee who iss)ed the doc)(ent of the t%ansfe% the%eof- and the%eb& to ac5)i%e the di%ect obli'ation of s)ch bailee to hold possession of the 'oods fo% hi( acco%din' to the te%(s of the doc)(ent. P%io% to the notification to s)ch bailee b& the t%ansfe%o% o% t%ansfe%ee of a non6 ne'otiable doc)(ent of title- the title of the t%ansfe%ee to the 'oods and the %i'ht to ac5)i%e the obli'ation of s)ch bailee (a& be defeated b& the le!& of an attach(ent of e/ec)tion )pon the 'oods b& a c%edito% of the t%ansfe%o%- o% b& a

notification to s)ch bailee b& the t%ansfe%o% o% a s)bse5)ent p)%chase% f%o( the t%ansfe%o% of a s)bse5)ent sale of the 'oods b& the t%ansfe%o%. "n# ARTICLE 1111.7he%e a ne'otiable doc)(ent of title is t%ansfe%%ed fo% !al)e b& deli!e%&- and the indo%se(ent of the t%ansfe%o% is essential fo% ne'otiation- the t%ansfe%ee ac5)i%es a %i'ht a'ainst the t%ansfe%o% to co(pel hi( to indo%se the doc)(ent )nless a cont%a%& intention appea%s. The ne'otiation shall take effect as of the ti(e when the indo%se(ent is act)all& (ade. "n# cdt ARTICLE 1112.A pe%son who fo% !al)e ne'otiates o% t%ansfe%s a doc)(ent of title b& indo%se(ent o% deli!e%&- incl)din' one who assi'ns fo% !al)e a clai( sec)%ed b& a doc)(ent of title )nless a cont%a%& intention appea%s- wa%%ants> "1#That the doc)(ent is 'en)ine< "$#That he has a le'al %i'ht to ne'otiate o% t%ansfe% it< ".#That he has knowled'e of no fact which wo)ld i(pai% the !alidit& o% wo%th of the doc)(ent< and

"0#That he has a %i'ht to t%ansfe% the title to the 'oods and that the 'oods a%e (e%chantable o% fit fo% a pa%tic)la% p)%pose- whene!e% s)ch wa%%anties wo)ld ha!e been i(plied if the cont%act of the pa%ties had been to t%ansfe% witho)t a doc)(ent of title the 'oods %ep%esented the%eb&. "n# ARTICLE 1114.The indo%se(ent of a doc)(ent of title shall not (ake the indo%se% liable fo% an& fail)%e on the pa%t of the bailee who iss)ed the doc)(ent o% p%e!io)s indo%se%s the%eof to f)lfill thei% %especti!e obli'ations. "n# ARTICLE 1118.The !alidit& of the ne'otiation of a ne'otiable doc)(ent of title is not i(pai%ed b& the fact that the ne'otiation was a b%each of d)t& on the pa%t of the pe%son (akin' the ne'otiation- o% b& the fact that the owne% of the doc)(ent was dep%i!ed of the possession of the sa(e b& loss- theft- f%a)d- accident(istake- d)%ess- o% con!e%sion- if the pe%son to who( the doc)(ent was ne'otiated o% a pe%son to who( the doc)(ent was s)bse5)entl& ne'otiated paid !al)e the%efo% in 'ood faith witho)t notice of the b%each of d)t&- o% loss- theftf%a)d- accident- (istake- d)%ess o% con!e%sion. "n# ARTICLE 111:.If 'oods a%e deli!e%ed to a bailee b& the owne% o% b& a pe%son whose act in con!e&in' the title to the( to a p)%chase% in 'ood faith fo% !al)e wo)ld bind the owne% and a ne'otiable doc)(ent of title is iss)ed fo% the( the& cannot the%eafte%- while in possession of s)ch bailee- be attached b& 'a%nish(ent o% othe%wise o% be le!ied )nde% an e/ec)tion )nless the doc)(ent be fi%st s)%%ende%ed to the bailee o% its ne'otiation en3oined. The bailee shall in

no case be co(pelled to deli!e% )p the act)al possession of the 'oods )ntil the doc)(ent is s)%%ende%ed to hi( o% i(po)nded b& the co)%t. "n# cd ARTICLE 11$;.A c%edito% whose debto% is the owne% of a ne'otiable doc)(ent of title shall be entitled to s)ch aid f%o( co)%ts of app%op%iate 3)%isdiction b& in3)nction and othe%wise in attachin' s)ch doc)(ent o% in satisf&in' the clai( b& (eans the%eof as is allowed at law o% in e5)it& in %e'a%d to p%ope%t& which cannot %eadil& be attached o% le!ied )pon b& o%dina%& le'al p%ocess. "n# ARTICLE 11$1.7hethe% it is fo% the b)&e% to take possession of the 'oods o% of the selle% to send the( to the b)&e% is a 5)estion dependin' in each case on the cont%act- e/p%ess o% i(plied- between the pa%ties. Apa%t f%o( an& s)ch cont%acte/p%ess o% i(plied- o% )sa'e of t%ade to the cont%a%&- the place of deli!e%& is the selle%=s place of b)siness if he has one- and if not his %esidence< b)t in case of a cont%act of sale of specific 'oods- which to the knowled'e of the pa%ties when the cont%act o% the sale was (ade we%e in so(e othe% place- then that place is the place of deli!e%&. 7he%e b& a cont%act of sale the selle% is bo)nd to send the 'oods to the b)&e%b)t no ti(e fo% sendin' the( is fi/ed- the selle% is bo)nd to send the( within a %easonable ti(e. 7he%e the 'oods at the ti(e of sale a%e in the possession of a thi%d pe%son- the selle% has not f)lfilled his obli'ation to deli!e% to the b)&e% )nless and )ntil s)ch thi%d pe%son acknowled'es to the b)&e% that he holds the 'oods on the b)&e%=s behalf. Ee(and o% tende% of deli!e%& (a& be t%eated as ineffect)al )nless (ade at a %easonable ho)%. 7hat is a %easonable ho)% is a 5)estion of fact. @nless othe%wise a'%eed- the e/penses of and incidental to p)ttin' the 'oods into a deli!e%able state ()st be bo%ne b& the selle%. "n# cd i ARTICLE 11$$.7he%e the selle% deli!e%s to the b)&e% a 5)antit& of 'oods less than he cont%acted to sell- the b)&e% (a& %e3ect the(- b)t if the b)&e% accepts o% %etains the 'oods so deli!e%ed- knowin' that the selle% is not 'oin' to pe%fo%( the cont%act in f)ll- he ()st pa& fo% the( at the cont%act %ate. If- howe!e%- the b)&e% has )sed o% disposed of the 'oods deli!e%ed befo%e he knows that the selle% is not 'oin' to pe%fo%( his cont%act in f)ll- the b)&e% shall not be liable fo% (o%e than the fai% !al)e to hi( of the 'oods so %ecei!ed. 7he%e the selle% deli!e%s to the b)&e% a 5)antit& of 'oods la%'e% than he cont%acted to sell- the b)&e% (a& accept the 'oods incl)ded in the cont%act and %e3ect the %est. If the b)&e% accepts the whole of the 'oods so deli!e%ed he ()st pa& fo% the( at the cont%act %ate.

7he%e the selle% deli!e%s to the b)&e% the 'oods he cont%acted to sell (i/ed with 'oods of a diffe%ent desc%iption not incl)ded in the cont%act- the b)&e% (a& accept the 'oods which a%e in acco%dance with the cont%act and %e3ect the %est. In the p%ecedin' two pa%a'%aphs- if the s)b3ect (atte% is indi!isible- the b)&e% (a& %e3ect the whole of the 'oods. The p%o!isions of this a%ticle a%e s)b3ect to an& )sa'e of t%ade- special a'%ee(ent- o% co)%se of dealin' between the pa%ties. "n# cda ARTICLE 11$..7he%e- in p)%s)ance of a cont%act of sale- the selle% is a)tho%i,ed o% %e5)i%ed to send the 'oods to the b)&e%- deli!e%& of the 'oods to a ca%%ie%whethe% na(ed b& the b)&e% o% not- fo% the p)%pose of t%ans(ission to the b)&e% is dee(ed to be a deli!e%& of the 'oods to the b)&e%- e/cept in the cases p%o!ided fo% in a%ticle 11;.- fi%st- second and thi%d pa%a'%aphs- o% )nless a cont%a%& intent appea%s. @nless othe%wise a)tho%i,ed b& the b)&e%- the selle% ()st (ake s)ch cont%act with the ca%%ie% on behalf of the b)&e% as (a& be %easonable- ha!in' %e'a%d to the nat)%e of the 'oods and the othe% ci%c)(stances of the case. If the selle% o(it so to do- and the 'oods a%e lost o% da(a'ed in co)%se of t%ansit- the b)&e% (a& decline to t%eat the deli!e%& to the ca%%ie% as a deli!e%& to hi(self- o% (a& hold the selle% %esponsible in da(a'es. @nless othe%wise a'%eed- whe%e 'oods a%e sent b& the selle% to the b)&e% )nde% ci%c)(stances in which the selle% knows o% o)'ht to know that it is )s)al to ins)%e- the selle% ()st 'i!e s)ch notice to the b)&e% as (a& enable hi( to ins)%e the( d)%in' thei% t%ansit- and- if the selle% fails to do so- the 'oods shall be dee(ed to be at his %isk d)%in' s)ch t%ansit. "n# ARTICLE 11$0.The !endo% shall not be bo)nd to deli!e% the thin' sold- if the !endee has not paid hi( the p%ice- o% if no pe%iod fo% the pa&(ent has been fi/ed in the cont%act. "1022# ARTICLE 11$1.The selle% of 'oods is dee(ed to be an )npaid selle% within the (eanin' of this Title> "1#7hen the whole of the p%ice has not been paid o% tende%ed< "$#7hen a bill of e/chan'e o% othe% ne'otiable inst%)(ent has been %ecei!ed as conditional pa&(ent- and the condition on which it was %ecei!ed has been b%oken b& %eason of the dishono% of the inst%)(ent- the insol!enc& of the b)&e%- o% othe%wise. In a%ticles 11$1 to 11.1 the te%( selle% incl)des an a'ent of the selle% to who( the bill of ladin' has been indo%sed- o% a consi'no% o% a'ent who has hi(self

paid- o% is di%ectl& %esponsible fo% the p%ice- o% an& othe% pe%son who is in the position of a selle%. "n# cd i ARTICLE 11$2.A)b3ect to the p%o!isions of this Title- notwithstandin' that the owne%ship in the 'oods (a& ha!e passed to the b)&e%- the )npaid selle% of 'oods- as s)ch- has> "1#A lien on the 'oods o% %i'ht to %etain the( fo% the p%ice while he is in possession of the(< "$#In case of the insol!enc& of the b)&e%- a %i'ht of stoppin' the 'oods in t%ansit) afte% he has pa%ted with the possession of the(< ".#A %i'ht of %esale as li(ited b& this Title< "0#A %i'ht to %escind the sale as likewise li(ited b& this Title. 7he%e the owne%ship in the 'oods has not passed to the b)&e%- the )npaid selle% has- in addition to his othe% %e(edies- a %i'ht of withholdin' deli!e%& si(ila% to and coe/tensi!e with his %i'hts of lien and stoppa'e in t%ansit) whe%e the owne%ship has passed to the b)&e%. "n# ARTICLE 11$4.A)b3ect to the p%o!isions of this Title- the )npaid selle% of 'oods who is in possession of the( is entitled to %etain possession of the( )ntil pa&(ent o% tende% of the p%ice in the followin' cases- na(el&> aisa dc "1#7he%e the 'oods ha!e been sold witho)t an& stip)lation as to c%edit< "$#7he%e the 'oods ha!e been sold on c%edit- b)t the te%( of c%edit has e/pi%ed< ".#7he%e the b)&e% beco(es insol!ent. The selle% (a& e/e%cise his %i'ht of lien notwithstandin' that he is in possession of the 'oods as a'ent o% bailee fo% the b)&e%. "n# ARTICLE 11$8.7he%e an )npaid selle% has (ade pa%t deli!e%& of the 'oods- he (a& e/e%cise his %i'ht of lien on the %e(ainde%- )nless s)ch pa%t deli!e%& has been (ade )nde% s)ch ci%c)(stances as to show an intent to wai!e the lien o% %i'ht of %etention. "n# ARTICLE 11$:.The )npaid selle% of 'oods loses his lien the%eon> "1#7hen he deli!e%s the 'oods to a ca%%ie% o% othe% bailee fo% the p)%pose of t%ans(ission to the b)&e% witho)t %ese%!in' the owne%ship in the 'oods o% the %i'ht to the possession the%eof<

"$#7hen the b)&e% o% his a'ent lawf)ll& obtains possession of the 'oods< ".#C& wai!e% the%eof. The )npaid selle% of 'oods- ha!in' a lien the%eon- does not lose his lien b& %eason onl& that he has obtained 3)d'(ent o% dec%ee fo% the p%ice of the 'oods. "n# ARTICLE 11.;.A)b3ect to the p%o!isions of this Title- when the b)&e% of 'oods is o% beco(es insol!ent- the )npaid selle% who has pa%ted with the possession of the 'oods has the %i'ht of stoppin' the( in t%ansit)- that is to sa&- he (a& %es)(e possession of the 'oods at an& ti(e while the& a%e in t%ansit- and he will then beco(e entitled to the sa(e %i'hts in %e'a%d to the 'oods as he wo)ld ha!e had if he had ne!e% pa%ted with the possession. "n# cd i ARTICLE 11.1.+oods a%e in t%ansit within the (eanin' of the p%ecedin' a%ticle> "1#B%o( the ti(e when the& a%e deli!e%ed to a ca%%ie% b& land- wate%- o% ai%- o% othe% bailee fo% the p)%pose of t%ans(ission to the b)&e%- )ntil the b)&e%- o% his a'ent in that behalf- takes deli!e%& of the( f%o( s)ch ca%%ie% o% othe% bailee< "$#If the 'oods a%e %e3ected b& the b)&e%- and the ca%%ie% o% othe% bailee contin)es in possession of the(- e!en if the selle% has %ef)sed to %ecei!e the( back. +oods a%e no lon'e% in t%ansit within the (eanin' of the p%ecedin' a%ticle> "1#If the b)&e%- o% his a'ent in that behalf- obtains deli!e%& of the 'oods befo%e thei% a%%i!al at the appointed destination<

"$#If- afte% the a%%i!al of the 'oods at the appointed destination- the ca%%ie% o% othe% bailee acknowled'es to the b)&e% o% his a'ent that he holds the 'oods on his behalf and contin)es in possession of the( as bailee fo% the b)&e% o% his a'ent< and it is i((ate%ial that f)%the% destination fo% the 'oods (a& ha!e been indicated b& the b)&e%< ".#If the ca%%ie% o% othe% bailee w%on'f)ll& %ef)ses to deli!e% the 'oods to the b)&e% o% his a'ent in that behalf. If the 'oods a%e deli!e%ed to a ship- f%ei'ht t%ain- t%)ck- o% ai%plane cha%te%ed b& the b)&e%- it is a 5)estion dependin' on the ci%c)(stances of the pa%tic)la% casewhethe% the& a%e in the possession of the ca%%ie% as s)ch o% as a'ent of the b)&e%. cd

If pa%t deli!e%& of the 'oods has been (ade to the b)&e%- o% his a'ent in that behalf- the %e(ainde% of the 'oods (a& be stopped in t%ansit)- )nless s)ch pa%t deli!e%& has been )nde% s)ch ci%c)(stances as to show an a'%ee(ent with the b)&e% to 'i!e )p possession of the whole of the 'oods. "n# ARTICLE 11.$.The )npaid selle% (a& e/e%cise his %i'ht of stoppa'e in t%ansit) eithe% b& obtainin' act)al possession of the 'oods o% b& 'i!in' notice of his clai( to the ca%%ie% o% othe% bailee in whose possession the 'oods a%e. A)ch notice (a& be 'i!en eithe% to the pe%son in act)al possession of the 'oods o% to his p%incipal. In the latte% case the notice- to be effect)al- ()st be 'i!en at s)ch ti(e and )nde% s)ch ci%c)(stances that the p%incipal- b& the e/e%cise of %easonable dili'ence- (a& p%e!ent a deli!e%& to the b)&e%. 7hen notice of stoppa'e in t%ansit) is 'i!en b& the selle% to the ca%%ie%- o% othe% bailee in possession of the 'oods- he ()st %edeli!e% the 'oods to- o% acco%din' to the di%ections of- the selle%. The e/penses of s)ch deli!e%& ()st be bo%ne b& the selle%. If- howe!e%- a ne'otiable doc)(ent of title %ep%esentin' the 'oods has been iss)ed b& the ca%%ie% o% othe% bailee- he shall not be obli'ed to deli!e% o% 3)stified in deli!e%in' the 'oods to the selle% )nless s)ch doc)(ent is fi%st s)%%ende%ed fo% cancellation. "n# ARTICLE 11...7he%e the 'oods a%e of pe%ishable nat)%e- o% whe%e the selle% e/p%essl& %ese%!es the %i'ht of %esale in case the b)&e% sho)ld (ake defa)lt- o% whe%e the b)&e% has been in defa)lt in the pa&(ent of the p%ice fo% an )n%easonable ti(e- an )npaid selle% ha!in' a %i'ht of lien o% ha!in' stopped the 'oods in t%ansit) (a& %esell the 'oods. He shall not the%eafte% be liable to the o%i'inal b)&e% )pon the cont%act of sale o% fo% an& p%ofit (ade b& s)ch %esale- b)t (a& %eco!e% f%o( the b)&e% da(a'es fo% an& loss occasioned b& the b%each of the cont%act of sale. cd i 7he%e a %esale is (ade- as a)tho%i,ed in this a%ticle- the b)&e% ac5)i%es a 'ood title as a'ainst the o%i'inal b)&e%. It is not essential to the !alidit& of %esale that notice of an intention to %esell the 'oods be 'i!en b& the selle% to the o%i'inal b)&e%. C)t whe%e the %i'ht to %esell is not based on the pe%ishable nat)%e of the 'oods o% )pon an e/p%ess p%o!ision of the cont%act of sale- the 'i!in' o% fail)%e to 'i!e s)ch notice shall be %ele!ant in an& iss)e in!ol!in' the 5)estion whethe% the b)&e% had been in defa)lt fo% an )n%easonable ti(e befo%e the %esale was (ade. It is not essential to the !alidit& of a %esale that notice of the ti(e and place of s)ch %esale sho)ld be 'i!en b& the selle% to the o%i'inal b)&e%.

The selle% is bo)nd to e/e%cise %easonable ca%e and 3)d'(ent in (akin' a %esale- and s)b3ect to this %e5)i%e(ent (a& (ake a %esale eithe% b& p)blic o% p%i!ate sale. He cannot- howe!e%- di%ectl& o% indi%ectl& b)& the 'oods. "n# acd ARTICLE 11.0.An )npaid selle% ha!in' the %i'ht of lien o% ha!in' stopped the 'oods in t%ansit)- (a& %escind the t%ansfe% of title and %es)(e the owne%ship in the 'oods- whe%e he e/p%essl& %ese%!ed the %i'ht to do so in case the b)&e% sho)ld (ake defa)lt- o% whe%e the b)&e% has been in defa)lt in the pa&(ent of the p%ice fo% an )n%easonable ti(e. The selle% shall not the%eafte% be liable to the b)&e% )pon the cont%act of sale- b)t (a& %eco!e% f%o( the b)&e% da(a'es fo% an& loss occasioned b& the b%each of the cont%act. The t%ansfe% of title shall not be held to ha!e been %escinded b& an )npaid selle% )ntil he has (anifested b& notice to the b)&e% o% b& so(e othe% o!e%t act an intention to %escind. It is not necessa%& that s)ch o!e%t act sho)ld be co(()nicated to the b)&e%- b)t the 'i!in' o% fail)%e to 'i!e notice to the b)&e% of the intention to %escind shall be %ele!ant in an& iss)e in!ol!in' the 5)estion whethe% the b)&e% had been in defa)lt fo% an )n%easonable ti(e befo%e the %i'ht of %escission was asse%ted. "n# ARTICLE 11.1.A)b3ect to the p%o!isions of this Title- the )npaid selle%=s %i'ht of lien o% stoppa'e in t%ansit) is not affected b& an& sale- o% othe% disposition of the 'oods which the b)&e% (a& ha!e (ade- )nless the selle% has assented the%eto. If- howe!e%- a ne'otiable doc)(ent of title has been iss)ed fo% 'oods- no selle%=s lien o% %i'ht of stoppa'e in t%ansit) shall defeat the %i'ht of an& p)%chase% fo% !al)e in 'ood faith to who( s)ch doc)(ent has been ne'otiated- whethe% s)ch ne'otiation be p%io% o% s)bse5)ent to the notification to the ca%%ie%- o% othe% bailee who iss)ed s)ch doc)(ent- of the selle%=s clai( to a lien o% %i'ht of stoppa'e in t%ansit). "n# ARTICLE 11.2.The !endo% is not bo)nd to deli!e% the thin' sold in case the !endee sho)ld lose the %i'ht to (ake )se of the te%(s as p%o!ided in a%ticle 11:8. "1024a# ARTICLE 11.4.The !endo% is bo)nd to deli!e% the thin' sold and its accessions and accesso%ies in the condition in which the& we%e )pon the pe%fection of the cont%act. All the f%)its shall pe%tain to the !endee f%o( the da& on which the cont%act was pe%fected. "1028a# cdtai ARTICLE 11.8.In case of loss- dete%io%ation o% i(p%o!e(ent of the thin' befo%e its deli!e%&- the %)les in a%ticle 118: shall be obse%!ed- the !endo% bein' conside%ed the debto%. "n#

ARTICLE 11.:.The obli'ation to deli!e% the thin' sold incl)des that of placin' in the cont%ol of the !endee all that is (entioned in the cont%act- in confo%(it& with the followin' %)les> If the sale of %eal estate sho)ld be (ade with a state(ent of its a%ea- at the %ate of a ce%tain p%ice fo% a )nit of (eas)%e o% n)(be%- the !endo% shall be obli'ed to deli!e% to the !endee- if the latte% sho)ld de(and it- all that (a& ha!e been stated in the cont%act< b)t- sho)ld this be not possible- the !endee (a& choose between a p%opo%tional %ed)ction of the p%ice and the %escission of the cont%actp%o!ided that- in the latte% case- the lack in the a%ea be not less than one6tenth of that stated. The sa(e shall be done- e!en when the a%ea is the sa(e- if an& pa%t of the i((o!able is not of the 5)alit& specified in the cont%act. The %escission- in this case- shall onl& take place at the will of the !endee- when the infe%io% !al)e of the thin' sold e/ceeds one6tenth of the p%ice a'%eed )pon. Ne!e%theless- if the !endee wo)ld not ha!e bo)'ht the i((o!able had he known of its s(alle% a%ea o% infe%io% 5)alit&- he (a& %escind the sale. "102:a# ARTICLE 110;.If- in the case of the p%ecedin' a%ticle- the%e is a '%eate% a%ea o% n)(be% in the i((o!able than that stated in the cont%act- the !endee (a& accept the a%ea incl)ded in the cont%act and %e3ect the %est. If he accepts the whole a%eahe ()st pa& fo% the sa(e at the cont%act %ate. "104;a# cdt ARTICLE 1101.The p%o!isions of the two p%ecedin' a%ticles shall appl& to 3)dicial sales. "n# ARTICLE 110$.In the sale of %eal estate- (ade fo% a l)(p s)( and not at the %ate of a ce%tain s)( fo% a )nit of (eas)%e o% n)(be%- the%e shall be no inc%ease o% dec%ease of the p%ice- altho)'h the%e be a '%eate% o% less a%ea o% n)(be% than that stated in the cont%act. The sa(e %)le shall be applied when two o% (o%e i((o!ables a%e sold fo% a sin'le p%ice< b)t if- besides (entionin' the bo)nda%ies- which is indispensable in e!e%& con!e&ance of %eal estate- its a%ea o% n)(be% sho)ld be desi'nated in the cont%act- the !endo% shall be bo)nd to deli!e% all that is incl)ded within said bo)nda%ies- e!en when it e/ceeds the a%ea o% n)(be% specified in the cont%act< and- sho)ld he not be able to do so- he shall s)ffe% a %ed)ction in the p%ice- in p%opo%tion to what is lackin' in the a%ea o% n)(be%- )nless the cont%act is %escinded beca)se the !endee does not accede to the fail)%e to deli!e% what has been stip)lated. "1041# ARTICLE 110..The actions a%isin' f%o( a%ticles 11.: and 110$ shall p%esc%ibe in si/ (onths- co)nted f%o( the da& of deli!e%&. "104$a#

ARTICLE 1100.If the sa(e thin' sho)ld ha!e been sold to diffe%ent !endees- the owne%ship shall be t%ansfe%%ed to the pe%son who (a& ha!e fi%st taken possession the%eof in 'ood faith- if it sho)ld be (o!able p%ope%t&. Aho)ld it be i((o!able p%ope%t&- the owne%ship shall belon' to the pe%son ac5)i%in' it who in 'ood faith fi%st %eco%ded it in the Re'ist%& of P%ope%t&. Aho)ld the%e be no insc%iption- the owne%ship shall pe%tain to the pe%son who in 'ood faith was fi%st in the possession< and- in the absence the%eof- to the pe%son who p%esents the oldest title- p%o!ided the%e is 'ood faith. "104.# cdt AECTI*N . Conditions and 7a%%anties ARTICLE 1101.7he%e the obli'ation of eithe% pa%t& to a cont%act of sale is s)b3ect to an& condition which is not pe%fo%(ed- s)ch pa%t& (a& %ef)se to p%oceed with the cont%act o% he (a& wai!e pe%fo%(ance of the condition. If the othe% pa%t& has p%o(ised that the condition sho)ld happen o% be pe%fo%(ed- s)ch fi%st (entioned pa%t& (a& also t%eat the nonpe%fo%(ance of the condition as a b%each of wa%%ant&. 7he%e the owne%ship in the thin' has not passed- the b)&e% (a& t%eat the f)lfill(ent b& the selle% of his obli'ation to deli!e% the sa(e as desc%ibed and as wa%%anted e/p%essl& o% b& i(plication in the cont%act of sale as a condition of the obli'ation of the b)&e% to pe%fo%( his p%o(ise to accept and pa& fo% the thin'. "n# ARTICLE 1102.An& affi%(ation of fact o% an& p%o(ise b& the selle% %elatin' to the thin' is an e/p%ess wa%%ant& if the nat)%al tendenc& of s)ch affi%(ation o% p%o(ise is to ind)ce the b)&e% to p)%chase the sa(e- and if the b)&e% p)%chases the thin' %el&in' the%eon. No affi%(ation of the !al)e of the thin'- no% an& state(ent p)%po%tin' to be a state(ent of the selle%=s opinion onl&- shall be const%)ed as a wa%%ant&- )nless the selle% (ade s)ch affi%(ation o% state(ent as an e/pe%t and it was %elied )pon b& the b)&e%. "n#

ARTICLE 1104.In a cont%act of sale- )nless a cont%a%& intention appea%s- the%e is> "1#An i(plied wa%%ant& on the pa%t of the selle% that he has a %i'ht to sell the thin' at the ti(e when the owne%ship is to pass- and that the b)&e% shall f%o( that ti(e ha!e and en3o& the le'al and peacef)l possession of the thin'< "$#An i(plied wa%%ant& that the thin' shall be f%ee f%o( an& hidden fa)lts o% defects- o% an& cha%'e o% enc)(b%ance not decla%ed o% known to the b)&e%.

This a%ticle shall not- howe!e%- be held to %ende% liable a she%iff- a)ctionee%(o%t'a'ee- pled'ee- o% othe% pe%son p%ofessin' to sell b& !i%t)e of a)tho%it& in fact o% law- fo% the sale of a thin' in which a thi%d pe%son has a le'al o% e5)itable inte%est. "n# A@CAECTI*N 1 7a%%ant& in Case of E!iction ARTICLE 1108.E!iction shall take place whene!e% b& a final 3)d'(ent based on a %i'ht p%io% to the sale o% an act i(p)table to the !endo%- the !endee is dep%i!ed of the whole o% of a pa%t of the thin' p)%chased. The !endo% shall answe% fo% the e!iction e!en tho)'h nothin' has been said in the cont%act on the s)b3ect. cd i The cont%actin' pa%ties- howe!e%- (a& inc%ease- di(inish- o% s)pp%ess this le'al obli'ation of the !endo%. "1041a# ARTICLE 110:.The !endee need not appeal f%o( the decision in o%de% that the !endo% (a& beco(e liable fo% e!iction. "n# ARTICLE 111;. 7hen ad!e%se possession had been co((enced befo%e the sale b)t the p%esc%ipti!e pe%iod is co(pleted afte% the t%ansfe%- the !endo% shall not be liable fo% e!iction. "n# ARTICLE 1111.If the p%ope%t& is sold fo% nonpa&(ent of ta/es d)e and not (ade known to the !endee befo%e the sale- the !endo% is liable fo% e!iction. "n# ARTICLE 111$.The 3)d'(ent debto% is also %esponsible fo% e!iction in 3)dicial sales- )nless it is othe%wise dec%eed in the 3)d'(ent. "n# ARTICLE 111..An& stip)lation e/e(ptin' the !endo% f%o( the obli'ation to answe% fo% e!iction shall be !oid- if he acted in bad faith. "1042# ARTICLE 1110.If the !endee has %eno)nced the %i'ht to wa%%ant& in case of e!iction- and e!iction sho)ld take place- the !endo% shall onl& pa& the !al)e which the thin' sold had at the ti(e of the e!iction. Aho)ld the !endee ha!e (ade the wai!e% with knowled'e of the %isks of e!iction and ass)(ed its conse5)ences- the !endo% shall not be liable. "1044# ARTICLE 1111.7hen the wa%%ant& has been a'%eed )pon o% nothin' has been stip)lated on this point- in case e!iction occ)%s- the !endee shall ha!e the %i'ht to de(and of the !endo%>

"1#The %et)%n of the !al)e which the thin' sold had at the ti(e of the e!iction- be it '%eate% o% less than the p%ice of the sale< aisa dc "$#The inco(e o% f%)its- if he has been o%de%ed to deli!e% the( to the pa%t& who won the s)it a'ainst hi(< ".#The costs of the s)it which ca)sed the e!iction- and- in a p%ope% case- those of the s)it b%o)'ht a'ainst the !endo% fo% the wa%%ant&< "0#The e/penses of the cont%act- if the !endee has paid the(< "1#The da(a'es and inte%ests- and o%na(ental e/penses- if the sale was (ade in bad faith. "1048# ARTICLE 1112.Aho)ld the !endee lose- b& %eason of the e!iction- a pa%t of the thin' sold of s)ch i(po%tance- in %elation to the whole- that he wo)ld not ha!e bo)'ht it witho)t said pa%t- he (a& de(and the %escission of the cont%act< b)t with the obli'ation to %et)%n the thin' witho)t othe% enc)(b%ances than those which it had when he ac5)i%ed it. He (a& e/e%cise this %i'ht of action- instead of enfo%cin' the !endo%=s liabilit& fo% e!iction. The sa(e %)le shall be obse%!ed when two o% (o%e thin's ha!e been 3ointl& sold fo% a l)(p s)(- o% fo% a sepa%ate p%ice fo% each of the(- if it sho)ld clea%l& appea% that the !endee wo)ld not ha!e p)%chased one witho)t the othe%. "104:a# ARTICLE 1114.The wa%%ant& cannot be enfo%ced )ntil a final 3)d'(ent has been %ende%ed- whe%eb& the !endee loses the thin' ac5)i%ed o% a pa%t the%eof. "108;# ARTICLE 1118.The !endo% shall not be obli'ed to (ake 'ood the p%ope% wa%%ant&- )nless he is s)((oned in the s)it fo% e!iction at the instance of the !endee. "1081a# ARTICLE 111:.The defendant !endee shall ask- within the ti(e fi/ed in the R)les of Co)%t fo% answe%in' the co(plaint- that the !endo% be (ade a co6 defendant. "108$a# ARTICLE 112;.If the i((o!able sold sho)ld be enc)(be%ed with an& non6 appa%ent b)%den o% se%!it)de- not (entioned in the a'%ee(ent- of s)ch a nat)%e that it ()st be p%es)(ed that the !endee wo)ld not ha!e ac5)i%ed it had he been awa%e the%eof- he (a& ask fo% the %escission of the cont%act- )nless he sho)ld p%efe% the app%op%iate inde(nit&. Neithe% %i'ht can be e/e%cised if the non6 appa%ent b)%den o% se%!it)de is %eco%ded in the Re'ist%& of P%ope%t&- )nless the%e is an e/p%ess wa%%ant& that the thin' is f%ee f%o( all b)%dens and enc)(b%ances. cd i

7ithin one &ea%- to be co(p)ted f%o( the e/ec)tion of the deed- the !endee (a& b%in' the action fo% %escission- o% s)e fo% da(a'es. *ne &ea% ha!in' elapsed- he (a& onl& b%in' an action fo% da(a'es within an e5)al pe%iod- to be co)nted f%o( the date on which he disco!e%ed the b)%den o% se%!it)de. "108.a# A@CAECTI*N $ 7a%%ant& A'ainst Hidden Eefects of o% Enc)(b%ances @pon the Thin' Aold ARTICLE 1121.The !endo% shall be %esponsible fo% wa%%ant& a'ainst the hidden defects which the thin' sold (a& ha!e- sho)ld the& %ende% it )nfit fo% the )se fo% which it is intended- o% sho)ld the& di(inish its fitness fo% s)ch )se to s)ch an e/tent that- had the !endee been awa%e the%eof- he wo)ld not ha!e ac5)i%ed it o% wo)ld ha!e 'i!en a lowe% p%ice fo% it< b)t said !endo% shall not be answe%able fo% patent defects o% those which (a& be !isible- o% fo% those which a%e not !isible if the !endee is an e/pe%t who- b& %eason of his t%ade o% p%ofession- sho)ld ha!e known the(. "1080a# ARTICLE 112$.In a sale of 'oods- the%e is an i(plied wa%%ant& o% condition as to the 5)alit& o% fitness of the 'oods- as follows> cdt "1#7he%e the b)&e%- e/p%essl& o% b& i(plication- (akes known to the selle% the pa%tic)la% p)%pose fo% which the 'oods a%e ac5)i%ed- and it appea%s that the b)&e% %elies on the selle%=s skill o% 3)d'(ent "whethe% he be the '%owe% o% (an)fact)%e% o% not#- the%e is an i(plied wa%%ant& that the 'oods shall be %easonabl& fit fo% s)ch p)%pose< "$#7he%e the 'oods a%e b%o)'ht b& desc%iption f%o( a selle% who deals in 'oods of that desc%iption "whethe% he be the '%owe% o% (an)fact)%e% o% not#- the%e is an i(plied wa%%ant& that the 'oods shall be of (e%chantable 5)alit&. "n# ARTICLE 112..In the case of cont%act of sale of a specified a%ticle )nde% its patent o% othe% t%ade na(e- the%e is no wa%%ant& as to its fitness fo% an& pa%tic)la% p)%pose- )nless the%e is a stip)lation to the cont%a%&. "n# ARTICLE 1120.An i(plied wa%%ant& o% condition as to the 5)alit& o% fitness fo% a pa%tic)la% p)%pose (a& be anne/ed b& the )sa'e of t%ade. "n# ARTICLE 1121.In the case of a cont%act of sale b& sa(ple- if the selle% is a deale% in 'oods of that kind- the%e is an i(plied wa%%ant& that the 'oods shall be f%ee f%o( an& defect %ende%in' the( )n(e%chantable which wo)ld not be appa%ent on %easonable e/a(ination of the sa(ple. "n#

ARTICLE 1122.The !endo% is %esponsible to the !endee fo% an& hidden fa)lts o% defects in the thin' sold- e!en tho)'h he was not awa%e the%eof. acd This p%o!ision shall not appl& if the cont%a%& has been stip)lated- and the !endo% was not awa%e of the hidden fa)lts o% defects in the thin' sold. "1081# ARTICLE 1124.In the cases of a%ticles 1121- 112$- 1120- 1121 and 1122- the !endee (a& elect between withd%awin' f%o( the cont%act and de(andin' a p%opo%tionate %ed)ction of the p%ice- with da(a'es in eithe% case. "1082a# ARTICLE 1128.If the thin' sold sho)ld be lost in conse5)ence of the hidden fa)lts- and the !endo% was awa%e of the(- he shall bea% the loss- and shall be obli'ed to %et)%n the p%ice and %ef)nd the e/penses of the cont%act- with da(a'es. If he was not awa%e of the(- he shall onl& %et)%n the p%ice and inte%est the%eon- and %ei(b)%se the e/penses of the cont%act which the !endee (i'ht ha!e paid. "1084a# ARTICLE 112:.If the thin' sold had an& hidden fa)lt at the ti(e of the sale- and sho)ld the%eafte% be lost b& a fo%t)ito)s e!ent o% th%o)'h the fa)lt of the !endeethe latte% (a& de(and of the !endo% the p%ice which he paid- less the !al)e which the thin' had when it was lost. cdasia If the !endo% acted in bad faith- he shall pa& da(a'es to the !endee. "1088a# ARTICLE 114;.The p%ecedin' a%ticles of this A)bsection shall be applicable to 3)dicial sales- e/cept that the 3)d'(ent debto% shall not be liable fo% da(a'es. "108:a# ARTICLE 1141.Actions a%isin' f%o( the p%o!isions of the p%ecedin' ten a%ticles shall be ba%%ed afte% si/ (onths- f%o( the deli!e%& of the thin' sold. "10:;# ARTICLE 114$.If two o% (o%e ani(als a%e sold to'ethe%- whethe% fo% a l)(p s)( o% fo% a sepa%ate p%ice fo% each of the(- the %edhibito%& defect of one shall onl& 'i!e %ise to its %edhibition- and not that of the othe%s< )nless it sho)ld appea% that the !endee wo)ld not ha!e p)%chased the so)nd ani(al o% ani(als witho)t the defecti!e one. The latte% case shall be p%es)(ed when a tea(- &oke pai%- o% set is bo)'ht- e!en if a sepa%ate p%ice has been fi/ed fo% each one of the ani(als co(posin' the sa(e. "10:1# ARTICLE 114..The p%o!isions of the p%ecedin' a%ticle with %espect to the sale of ani(als shall in like (anne% be applicable to the sale of othe% thin's. "10:$# ARTICLE 1140.The%e is no wa%%ant& a'ainst hidden defects of ani(als sold at fai%s o% at p)blic a)ctions- o% of li!e stock sold as conde(ned. "10:.a#

ARTICLE 1141.The sale of ani(als s)ffe%in' f%o( conta'io)s diseases shall be !oid. A cont%act of sale of ani(als shall also be !oid if the )se o% se%!ice fo% which the& a%e ac5)i%ed has been stated in the cont%act and the& a%e fo)nd to be )nfit the%efo%. "10:0a# acd ARTICLE 1142.If the hidden defect of ani(als- e!en in case a p%ofessional inspection has been (ade- sho)ld be of s)ch a nat)%e that e/pe%t knowled'e is not s)fficient to disco!e% it- the defect shall be conside%ed as %edhibito%&.

C)t if the !ete%ina%ian- th%o)'h i'no%ance o% bad faith- sho)ld fail to disco!e% o% disclose it- he shall be liable fo% da(a'es. "10:1# ARTICLE 1144.The %edhibito%& action- based on the fa)lts o% defects of ani(als()st be b%o)'ht within fo%t& da&s f%o( the date of thei% deli!e%& to the !endee. This action can onl& be e/e%cised with %espect to fa)lts and defects which a%e dete%(ined b& law o% b& local c)sto(s. "10:2a# ARTICLE 1148.If the ani(al sho)ld die within th%ee da&s afte% its p)%chase- the !endo% shall be liable if the disease which ca)sed the death e/isted at the ti(e of the cont%act. "10:4a# ARTICLE 114:.If the sale be %escinded- the ani(al shall be %et)%ned in the condition in which it was sold and deli!e%ed- the !endee bein' answe%able fo% an& in3)%& d)e to his ne'li'ence- and not a%isin' f%o( the %edhibito%& fa)lt o% defect. "10:8# ARTICLE 118;.In the sale of ani(als with %edhibito%& defects- the !endee shall also en3o& the %i'ht (entioned in a%ticle 1124< b)t he ()st (ake )se the%eof within the sa(e pe%iod which has been fi/ed fo% the e/e%cise of the %edhibito%& action. "10::# ARTICLE 1181.The fo%( of sale of la%'e cattle shall be 'o!e%ned b& special laws. "n# CHAPTER 1 *bli'ations of the ?endee ARTICLE 118$.The !endee is bo)nd to accept deli!e%& and to pa& the p%ice of the thin' sold at the ti(e and place stip)lated in the cont%act. cd i

If the ti(e and place sho)ld not ha!e been stip)lated- the pa&(ent ()st be (ade at the ti(e and place of the deli!e%& of the thin' sold. "11;;a# ARTICLE 118..@nless othe%wise a'%eed- the b)&e% of 'oods is not bo)nd to accept deli!e%& the%eof b& instal(ents. 7he%e the%e is a cont%act of sale of 'oods to be deli!e%ed b& stated install(entswhich a%e to be sepa%atel& paid fo%- and the selle% (akes defecti!e deli!e%ies in %espect of one o% (o%e install(ents- o% the b)&e% ne'lects o% %ef)ses witho)t 3)st ca)se to take deli!e%& of o% pa& fo% one o% (o%e install(ents- it depends in each case on the te%(s of the cont%act and the ci%c)(stances of the case- whethe% the b%each of cont%act is so (ate%ial as to 3)stif& the in3)%ed pa%t& in %ef)sin' to p%oceed f)%the% and s)in' fo% da(a'es fo% b%each of the enti%e cont%act- o% whethe% the b%each is se!e%able- 'i!in' %ise to a clai( fo% co(pensation b)t not to a %i'ht to t%eat the whole cont%act as b%oken. "n# ARTICLE 1180.7he%e 'oods a%e deli!e%ed to the b)&e%- which he has not p%e!io)sl& e/a(ined- he is not dee(ed to ha!e accepted the( )nless and )ntil he has had a %easonable oppo%t)nit& of e/a(inin' the( fo% the p)%pose of asce%tainin' whethe% the& a%e in confo%(it& with the cont%act- if the%e is no stip)lation to the cont%a%&. @nless othe%wise a'%eed- when the selle% tende%s deli!e%& of 'oods to the b)&e%he is bo)nd- on %e5)est- to affo%d the b)&e% a %easonable oppo%t)nit& of e/a(inin' the 'oods fo% the p)%pose of asce%tainin' whethe% the& a%e in confo%(it& with the cont%act. 7he%e 'oods a%e deli!e%ed to a ca%%ie% b& the selle%- in acco%dance with an o%de% f%o( o% a'%ee(ent with the b)&e%- )pon the te%(s that the 'oods shall not be deli!e%ed b& the ca%%ie% to the b)&e% )ntil he has paid the p%ice- whethe% s)ch te%(s a%e indicated b& (a%kin' the 'oods with the wo%ds collect on deli!e%&- o% othe%wise- the b)&e% is not entitled to e/a(ine the 'oods befo%e the pa&(ent of the p%ice- in the absence of a'%ee(ent o% )sa'e of t%ade pe%(ittin' s)ch e/a(ination. "n# cda ARTICLE 1181.The b)&e% is dee(ed to ha!e accepted the 'oods when he inti(ates to the selle% that he has accepted the(- o% when the 'oods ha!e been deli!e%ed to hi(- and he does an& act in %elation to the( which is inconsistent with the owne%ship of the selle%- o% when- afte% the lapse of a %easonable ti(e- he %etains the 'oods witho)t inti(atin' to the selle% that he has %e3ected the(. "n# ARTICLE 1182. In the absence of e/p%ess o% i(plied a'%ee(ent of the pa%tiesacceptance of the 'oods b& the b)&e% shall not discha%'e the selle% f%o( liabilit& in da(a'es o% othe% le'al %e(ed& fo% b%each of an& p%o(ise o% wa%%ant& in the

cont%act of sale. C)t- if- afte% acceptance of the 'oods- the b)&e% fails to 'i!e notice to the selle% of the b%each in an& p%o(ise of wa%%ant& within a %easonable ti(e afte% the b)&e% knows- o% o)'ht to know of s)ch b%each- the selle% shall not be liable the%efo%. "n# ARTICLE 1184.@nless othe%wise a'%eed- whe%e 'oods a%e deli!e%ed to the b)&e%- and he %ef)ses to accept the(- ha!in' the %i'ht so to do- he is not bo)nd to %et)%n the( to the selle%- b)t it is s)fficient if he notifies the selle% that he %ef)ses to accept the(. If he !ol)nta%il& constit)tes hi(self a deposita%& the%eofhe shall be liable as s)ch. "n# ARTICLE 1188.If the%e is no stip)lation as specified in the fi%st pa%a'%aph of a%ticle 11$.- when the b)&e%=s %ef)sal to accept the 'oods is witho)t 3)st ca)sethe title the%eto passes to hi( f%o( the (o(ent the& a%e placed at his disposal. "n# ARTICLE 118:.The !endee shall owe inte%est fo% the pe%iod between the deli!e%& of the thin' and the pa&(ent of the p%ice- in the followin' th%ee cases> "1#Aho)ld it ha!e been so stip)lated< cda "$#Aho)ld the thin' sold and deli!e%ed p%od)ce f%)its o% inco(e< ".# Aho)ld he be in defa)lt- f%o( the ti(e of 3)dicial o% e/t%a3)dicial de(and fo% the pa&(ent of the p%ice. "11;1a# ARTICLE 11:;.Aho)ld the !endee be dist)%bed in the possession o% owne%ship of the thin' ac5)i%ed- o% sho)ld he ha!e %easonable '%o)nds to fea% s)ch dist)%bance- b& a !indicato%& action o% a fo%eclos)%e of (o%t'a'e- he (a& s)spend the pa&(ent of the p%ice )ntil the !endo% has ca)sed the dist)%bance o% dan'e% to cease- )nless the latte% 'i!es sec)%it& fo% the %et)%n of the p%ice in a p%ope% case- o% it has been stip)lated that- notwithstandin' an& s)ch contin'enc&- the !endee shall be bo)nd to (ake the pa&(ent. A (e%e act of t%espass shall not a)tho%i,e the s)spension of the pa&(ent of the p%ice. "11;$a# ARTICLE 11:1.Aho)ld the !endo% ha!e %easonable '%o)nds to fea% the loss of i((o!able p%ope%t& sold and its p%ice- he (a& i((ediatel& s)e fo% the %escission of the sale. Aho)ld s)ch '%o)nd not e/ist- the p%o!isions of a%ticle 11:1 shall be obse%!ed. "11;.# ARTICLE 11:$.In the sale of i((o!able p%ope%t&- e!en tho)'h it (a& ha!e been stip)lated that )pon fail)%e to pa& the p%ice at the ti(e a'%eed )pon the %escission of the cont%act shall of %i'ht take place- the !endee (a& pa&- e!en afte% the e/pi%ation of the pe%iod- as lon' as no de(and fo% %escission of the

cont%act has been (ade )pon hi( eithe% 3)diciall& o% b& a nota%ial act. Afte% the de(and- the co)%t (a& not '%ant hi( a new te%(. "11;0a# cd ARTICLE 11:..7ith %espect to (o!able p%ope%t&- the %escission of the sale shall of %i'ht take place in the inte%est of the !endo%- if the !endee- )pon the e/pi%ation of the pe%iod fi/ed fo% the deli!e%& of the thin'- sho)ld not ha!e appea%ed to %ecei!e it- o%- ha!in' appea%ed- he sho)ld not ha!e tende%ed the p%ice at the sa(e ti(e- )nless a lon'e% pe%iod has been stip)lated fo% its pa&(ent. "11;1# CHAPTER 2 Actions fo% C%each of Cont%act of Aale of +oods ARTICLE 11:0.Actions fo% b%each of the cont%act of sale of 'oods shall be 'o!e%ned pa%tic)la%l& b& the p%o!isions of this Chapte%- and as to (atte%s not specificall& p%o!ided fo% he%ein- b& othe% applicable p%o!isions of this Title. "n# ARTICLE 11:1.7he%e- )nde% a cont%act of sale- the owne%ship of the 'oods has passed to the b)&e%- and he w%on'f)ll& ne'lects o% %ef)ses to pa& fo% the 'oods acco%din' to the te%(s of the cont%act of sale- the selle% (a& (aintain an action a'ainst hi( fo% the p%ice of the 'oods. 7he%e- )nde% a cont%act of sale- the p%ice is pa&able on a ce%tain da&i%%especti!e of deli!e%& o% of t%ansfe% of title- and the b)&e% w%on'f)ll& ne'lects o% %ef)ses to pa& s)ch p%ice- the selle% (a& (aintain an action fo% the p%icealtho)'h the owne%ship in the 'oods has not passed. C)t it shall be a defense to s)ch an action that the selle% at an& ti(e befo%e the 3)d'(ent in s)ch action has (anifested an inabilit& to pe%fo%( the cont%act of sale on his pa%t o% an intention not to pe%fo%( it. acd Altho)'h the owne%ship in the 'oods has not passed- if the& cannot %eadil& be %esold fo% a %easonable p%ice- and if the p%o!isions of a%ticle 11:2- fo)%th pa%a'%aph- a%e not applicable- the selle% (a& offe% to deli!e% the 'oods to the b)&e%- and- if the b)&e% %ef)ses to %ecei!e the(- (a& notif& the b)&e% that the 'oods a%e the%eafte% held b& the selle% as bailee fo% the b)&e%. The%eafte% the selle% (a& t%eat the 'oods as the b)&e%=s and (a& (aintain an action fo% the p%ice. "n# ARTICLE 11:2.7he%e the b)&e% w%on'f)ll& ne'lects o% %ef)ses to accept and pa& fo% the 'oods- the selle% (a& (aintain an action a'ainst hi( fo% da(a'es fo% nonacceptance. The (eas)%e of da(a'es is the esti(ated loss di%ectl& and nat)%all& %es)ltin' in the o%dina%& co)%se of e!ents- f%o( the b)&e%=s b%each of cont%act.

7he%e the%e is an a!ailable (a%ket fo% the 'oods in 5)estion- the (eas)%e of da(a'es is- in the absence of special ci%c)(stances showin' p%o/i(ate da(a'e of a diffe%ent a(o)nt- the diffe%ence between the cont%act p%ice and the (a%ket o% c)%%ent p%ice at the ti(e o% ti(es when the 'oods o)'ht to ha!e been acceptedo%- if no ti(e was fi/ed fo% acceptance- then at the ti(e of the %ef)sal to accept. If- while labo% o% e/pense of (ate%ial a(o)nt is necessa%& on the pa%t of the selle% to enable hi( to f)lfill his obli'ations )nde% the cont%act of sale- the b)&e% %ep)diates the cont%act o% notifies the selle% to p%oceed no f)%the% the%ewith- the b)&e% shall be liable to the selle% fo% labo% pe%fo%(ed o% e/penses (ade befo%e %ecei!in' notice of the b)&e%=s %ep)diation o% co)nte%(and. The p%ofit the selle% wo)ld ha!e (ade if the cont%act o% the sale had been f)ll& pe%fo%(ed shall be conside%ed in awa%din' the da(a'es. "n# ARTICLE 11:4.7he%e the 'oods ha!e not been deli!e%ed to the b)&e%- and the b)&e% has %ep)diated the cont%act of sale- o% has (anifested his inabilit& to pe%fo%( his obli'ations the%e)nde%- o% has co((itted a b%each the%eof- the selle% (a& totall& %escind the cont%act of sale b& 'i!in' notice of his election so to do to the b)&e%. "n# acd

ARTICLE 11:8.7he%e the selle% has b%oken a cont%act to deli!e% specific o% asce%tained 'oods- a co)%t (a&- on the application of the b)&e%- di%ect that the cont%act shall be pe%fo%(ed specificall&- witho)t 'i!in' the selle% the option of %etainin' the 'oods on pa&(ent of da(a'es. The 3)d'(ent o% dec%ee (a& be )nconditional- o% )pon s)ch te%(s and conditions as to da(a'es- pa&(ent of the p%ice and othe%wise- as the co)%t (a& dee( 3)st. "n# ARTICLE 11::.7he%e the%e is a b%each of wa%%ant& b& the selle%- the b)&e% (a&at his election> "1#Accept o% keep the 'oods and set )p a'ainst the selle%- the b%each of wa%%ant& b& wa& of %eco)p(ent in di(in)tion o% e/tinction of the p%ice< "$#Accept o% keep the 'oods and (aintain an action a'ainst the selle% fo% da(a'es fo% the b%each of wa%%ant&< ".#Ref)se to accept the 'oods- and (aintain an action a'ainst the selle% fo% da(a'es fo% the b%each of wa%%ant&< "0#Rescind the cont%act of sale and %ef)se to %ecei!e the 'oods o% if the 'oods ha!e al%ead& been %ecei!ed- %et)%n the( o% offe% to %et)%n the( to the selle% and %eco!e% the p%ice o% an& pa%t the%eof which has been paid.

7hen the b)&e% has clai(ed and been '%anted a %e(ed& in an&one of these wa&s- no othe% %e(ed& can the%eafte% be '%anted- witho)t p%e3)dice to the p%o!isions of the second pa%a'%aph of a%ticle 11:1. cd 7he%e the 'oods ha!e been deli!e%ed to the b)&e%- he cannot %escind the sale if he knew of the b%each of wa%%ant& when he accepted the 'oods witho)t p%otesto% if he fails to notif& the selle% within a %easonable ti(e of the election to %escindo% if he fails to %et)%n o% to offe% to %et)%n the 'oods to the selle% in s)bstantiall& as 'ood condition as the& we%e in at the ti(e the owne%ship was t%ansfe%%ed to the b)&e%. C)t if dete%io%ation o% in3)%& of the 'oods is d)e to the b%each o% wa%%ant&s)ch dete%io%ation o% in3)%& shall not p%e!ent the b)&e% f%o( %et)%nin' o% offe%in' to %et)%n the 'oods to the selle% and %escindin' the sale. 7he%e the b)&e% is entitled to %escind the sale and elects to do so- he shall cease to be liable fo% the p%ice )pon %et)%nin' o% offe%in' to %et)%n the 'oods. If the p%ice o% an& pa%t the%eof has al%ead& been paid- the selle% shall be liable to %epa& so ()ch the%eof as has been paid- conc)%%entl& with the %et)%n of the 'oods- o% i((ediatel& afte% an offe% to %et)%n the 'oods in e/chan'e fo% %epa&(ent of the p%ice. 7he%e the b)&e% is entitled to %escind the sale and elects to do so- if the selle% %ef)ses to accept an offe% of the b)&e% to %et)%n the 'oods- the b)&e% shall the%eafte% be dee(ed to hold the 'oods as bailee fo% the selle%- b)t s)b3ect to a lien to sec)%e the pa&(ent of an& po%tion of the p%ice which has been paid- and with the %e(edies fo% the enfo%ce(ent of s)ch lien allowed to an )npaid selle% b& a%ticle 11$2. "1#In the case of b%each of wa%%ant& of 5)alit&- s)ch loss- in the absence of special ci%c)(stances showin' p%o/i(ate da(a'e of a '%eate% a(o)nt- is the diffe%ence between the !al)e of the 'oods at the ti(e of deli!e%& to the b)&e% and the !al)e the& wo)ld ha!e had if the& had answe%ed to the wa%%ant&. "n# CHAPTER 4 E/tin')ish(ent of Aale ARTICLE 12;;.Aales a%e e/tin')ished b& the sa(e ca)ses as all othe% obli'ations- b& those stated in the p%ecedin' a%ticles of this Title- and b& con!entional o% le'al %ede(ption. "11;2# casia AECTI*N 1 Con!entional Rede(ption ARTICLE 12;1.Con!entional %ede(ption shall take place when the !endo% %ese%!es the %i'ht to %ep)%chase the thin' sold- with the obli'ation to co(pl& with

the p%o!isions of a%ticle 1212 and othe% stip)lations which (a& ha!e been a'%eed )pon. "11;4# cdt ARTICLE 12;$.The cont%act shall be p%es)(ed to be an e5)itable (o%t'a'e- in an& of the followin' cases> "1#7hen the p%ice of a sale with %i'ht to %ep)%chase is )n)s)all& inade5)ate< "$#7hen the !endo% %e(ains in possession as lessee o% othe%wise< ".#7hen )pon o% afte% the e/pi%ation of the %i'ht to %ep)%chase anothe% inst%)(ent e/tendin' the pe%iod of %ede(ption o% '%antin' a new pe%iod is e/ec)ted< "0#7hen the p)%chase% %etains fo% hi(self a pa%t of the p)%chase p%ice< "1#7hen the !endo% binds hi(self to pa& the ta/es on the thin' sold< "2#In an& othe% case whe%e it (a& be fai%l& infe%%ed that the %eal intention of the pa%ties is that the t%ansaction shall sec)%e the pa&(ent of a debt o% the pe%fo%(ance of an& othe% obli'ation. In an& of the fo%e'oin' cases- an& (one&- f%)its- o% othe% benefit to be %ecei!ed b& the !endee as %ent o% othe%wise shall be conside%ed as inte%est which shall be s)b3ect to the )s)%& laws. "n# ARTICLE 12;..In case of do)bt- a cont%act p)%po%tin' to be a sale with %i'ht to %ep)%chase shall be const%)ed as an e5)itable (o%t'a'e. "n# ARTICLE 12;0.The p%o!isions of a%ticle 12;$ shall also appl& to a cont%act p)%po%tin' to be an absol)te sale. "n# ARTICLE 12;1.In the cases %efe%%ed to in a%ticles 12;$ and 12;0- the appa%ent !endo% (a& ask fo% the %efo%(ation of the inst%)(ent. "n# ARTICLE 12;2.The %i'ht %efe%%ed to in a%ticle 12;1- in the absence of an e/p%ess a'%ee(ent- shall last fo)% &ea%s f%o( the date of the cont%act. cd Aho)ld the%e be an a'%ee(ent- the pe%iod cannot e/ceed ten &ea%s. Howe!e%- the !endo% (a& still e/e%cise the %i'ht to %ep)%chase within thi%t& da&s f%o( the ti(e final 3)d'(ent was %ende%ed in a ci!il action on the basis that the cont%act was a t%)e sale with %i'ht to %ep)%chase. "11;8a# ARTICLE 12;4.In case of %eal p%ope%t&- the consolidation of owne%ship in the !endee b& !i%t)e of the fail)%e of the !endo% to co(pl& with the p%o!isions of

a%ticle 1212 shall not be %eco%ded in the Re'ist%& of P%ope%t& witho)t a 3)dicial o%de%- afte% the !endo% has been d)l& hea%d. "n# ARTICLE 12;8.The !endo% (a& b%in' his action a'ainst e!e%& possesso% whose %i'ht is de%i!ed f%o( the !endee- e!en if in the second cont%act no (ention sho)ld ha!e been (ade of the %i'ht to %ep)%chase- witho)t p%e3)dice to the p%o!isions of the Mo%t'a'e Law and the Land Re'ist%ation Law with %espect to thi%d pe%sons. "111;# ARTICLE 12;:.The !endee is s)b%o'ated to the !endo%=s %i'hts and actions. "1111# ARTICLE 121;.The c%edito%s of the !endo% cannot (ake )se of the %i'ht of %ede(ption a'ainst the !endee- )ntil afte% the& ha!e e/ha)sted the p%ope%t& of the !endo%. "111$# ARTICLE 1211.In a sale with a %i'ht to %ep)%chase- the !endee of a pa%t of an )ndi!ided i((o!able who ac5)i%es the whole the%eof in the case of a%ticle 0:8(a& co(pel the !endo% to %edee( the whole p%ope%t&- if the latte% wishes to (ake )se of the %i'ht of %ede(ption. "111.# ARTICLE 121$.If se!e%al pe%sons- 3ointl& and in the sa(e cont%act- sho)ld sell an )ndi!ided i((o!able with a %i'ht of %ep)%chase- none of the( (a& e/e%cise this %i'ht fo% (o%e than his %especti!e sha%e. cdt The sa(e %)le shall appl& if the pe%son who sold an i((o!able alone has left se!e%al hei%s- in which case each of the latte% (a& onl& %edee( the pa%t which he (a& ha!e ac5)i%ed. "1110# ARTICLE 121..In the case of the p%ecedin' a%ticle- the !endee (a& de(and of all the !endo%s o% co6hei%s that the& co(e to an a'%ee(ent )pon the %ep)%chase of the whole thin' sold< and sho)ld the& fail to do so- the !endee cannot be co(pelled to consent to a pa%tial %ede(ption. "1111# ARTICLE 1210.Each one of the co6owne%s of an )ndi!ided i((o!able who (a& ha!e sold his sha%e sepa%atel&- (a& independentl& e/e%cise the %i'ht of %ep)%chase as %e'a%ds his own sha%e- and the !endee cannot co(pel hi( to %edee( the whole p%ope%t&. "1112# ARTICLE 1211.If the !endee sho)ld lea!e se!e%al hei%s- the action fo% %ede(ption cannot be b%o)'ht a'ainst each of the( e/cept fo% his own sha%ewhethe% the thin' be )ndi!ided- o% it has been pa%titioned a(on' the(. cd i C)t if the inhe%itance has been di!ided- and the thin' sold has been awa%ded to one of the hei%s- the action fo% %ede(ption (a& be instit)ted a'ainst hi( fo% the whole. "1114#

ARTICLE 1212.The !endo% cannot a!ail hi(self of the %i'ht of %ep)%chase witho)t %et)%nin' to the !endee the p%ice of the sale- and in addition> "1#The e/penses of the cont%act- and an& othe% le'iti(ate pa&(ents (ade b& %eason of the sale< "$#The necessa%& and )sef)l e/penses (ade on the thin' sold. "1118# ARTICLE 1214.If at the ti(e of the e/ec)tion of the sale the%e sho)ld be on the land- !isible o% '%owin' f%)its- the%e shall be no %ei(b)%se(ent fo% o% p%o%atin' of those e/istin' at the ti(e of %ede(ption- if no inde(nit& was paid b& the p)%chase% when the sale was e/ec)ted. Aho)ld the%e ha!e been no f%)its at the ti(e of the sale- and so(e e/ist at the ti(e of %ede(ption- the& shall be p%o%ated between the %ede(ptione% and the !endee- 'i!in' the latte% the pa%t co%%espondin' to the ti(e he possessed the land in the last &ea%- co)nted f%o( the anni!e%sa%& of the date of the sale. "111:a# ARTICLE 1218.The !endo% who %eco!e%s the thin' sold shall %ecei!e it f%ee f%o( all cha%'es o% (o%t'a'es constit)ted b& the !endee- b)t he shall %espect the leases which the latte% (a& ha!e e/ec)ted in 'ood faith- and in acco%dance with the c)sto( of the place whe%e the land is sit)ated. "11$;# cdt AECTI*N $ Le'al Rede(ption ARTICLE 121:. Le'al %ede(ption is the %i'ht to be s)b%o'ated- )pon the sa(e te%(s and conditions stip)lated in the cont%act- in the place of one who ac5)i%es a thin' b& p)%chase o% dation in pa&(ent- o% b& an& othe% t%ansaction whe%eb& owne%ship is t%ans(itted b& one%o)s title. "11$1a# ARTICLE 12$;.A co6owne% of a thin' (a& e/e%cise the %i'ht of %ede(ption in case the sha%es of all the othe% co6owne%s o% of an& of the(- a%e sold to a thi%d pe%son. If the p%ice of the alienation is '%ossl& e/cessi!e- the %ede(ptione% shall pa& onl& a %easonable one. Aho)ld two o% (o%e co6owne%s desi%e to e/e%cise the %i'ht of %ede(ption- the& (a& onl& do so in p%opo%tion to the sha%e the& (a& %especti!el& ha!e in the thin' owned in co((on. "11$$a# cd ARTICLE 12$1.The owne%s of ad3oinin' lands shall also ha!e the %i'ht of %ede(ption when a piece of %)%al land- the a%ea of which does not e/ceed one hecta%e- is alienated- )nless the '%antee does not own an& %)%al land.

This %i'ht is not applicable to ad3acent lands which a%e sepa%ated b& b%ooksd%ains- %a!ines- %oads and othe% appa%ent se%!it)des fo% the benefit of othe% estates. If two o% (o%e ad3oinin' owne%s desi%e to e/e%cise the %i'ht of %ede(ption at the sa(e ti(e- the owne% of the ad3oinin' land of s(alle% a%ea shall be p%efe%%ed< and sho)ld both lands ha!e the sa(e a%ea- the one who fi%st %e5)ested the %ede(ption. "11$.a# ARTICLE 12$$.7hene!e% a piece of )%ban land which is so s(all and so sit)ated that a (a3o% po%tion the%eof cannot be )sed fo% an& p%actical p)%pose within a %easonable ti(e- ha!in' been bo)'ht (e%el& fo% spec)lation- is abo)t to be %e6sold- the owne% of an& ad3oinin' land has a %i'ht of p%e6e(ption at a %easonable p%ice. If the %e6sale has been pe%fected- the owne% of the ad3oinin' land shall ha!e a %i'ht of %ede(ption- also at a %easonable p%ice. 7hen two o% (o%e owne%s of ad3oinin' lands wish to e/e%cise the %i'ht of p%e6 e(ption o% %ede(ption- the owne% whose intended )se of the land in 5)estion appea%s best 3)stified shall be p%efe%%ed. "n# ARTICLE 12$..The %i'ht of le'al p%e6e(ption o% %ede(ption shall not be e/e%cised e/cept within thi%t& da&s f%o( the notice in w%itin' b& the p%ospecti!e !endo%- o% b& the !endo%- as the case (a& be. The deed of sale shall not be %eco%ded in the Re'ist%& of P%ope%t&- )nless acco(panied b& an affida!it of the !endo% that he has 'i!en w%itten notice the%eof to all possible %ede(ptione%s. cda The %i'ht of %ede(ption of co6owne%s e/cl)des that of ad3oinin' owne%s. "11$0a# CHAPTER 8 Assi'n(ent of C%edits and *the% Inco%po%eal Ri'hts ARTICLE 12$0.An assi'n(ent of c%edits and othe% inco%po%eal %i'hts shall be pe%fected in acco%dance with the p%o!isions of a%ticle 1041. "n# ARTICLE 12$1.An assi'n(ent of a c%edit- %i'ht o% action shall p%od)ce no effect as a'ainst thi%d pe%sons- )nless it appea%s in a p)blic inst%)(ent- o% the inst%)(ent is %eco%ded in the Re'ist%& of P%ope%t& in case the assi'n(ent in!ol!es %eal p%ope%t&. "11$2#

ARTICLE 12$2.The debto% who- befo%e ha!in' knowled'e of the assi'n(entpa&s his c%edito% shall be %eleased f%o( the obli'ation. "11$4# ARTICLE 12$4.The assi'n(ent of a c%edit incl)des all the accesso%& %i'hts- s)ch as a ')a%ant&- (o%t'a'e- pled'e o% p%efe%ence. "11$8# ARTICLE 12$8.The !endo% in 'ood faith shall be %esponsible fo% the e/istence and le'alit& of the c%edit at the ti(e of the sale- )nless it sho)ld ha!e been sold as do)btf)l< b)t not fo% the sol!enc& of the debto%- )nless it has been so e/p%essl& stip)lated o% )nless the insol!enc& was p%io% to the sale and of co((on knowled'e. E!en in these cases he shall onl& be liable fo% the p%ice %ecei!ed and fo% the e/penses specified in No. 1 of a%ticle 1212. The !endo% in bad faith shall alwa&s be answe%able fo% the pa&(ent of all e/penses- and fo% da(a'es. "11$:# aisa dc ARTICLE 12$:.In case the assi'no% in 'ood faith sho)ld ha!e (ade hi(self %esponsible fo% the sol!enc& of the debto%- and the cont%actin' pa%ties sho)ld not ha!e a'%eed )pon the d)%ation of the liabilit&- it shall last fo% one &ea% onl&- f%o( the ti(e of the assi'n(ent if the pe%iod had al%ead& e/pi%ed. If the c%edit sho)ld be pa&able within a te%( o% pe%iod which has not &et e/pi%edthe liabilit& shall cease one &ea% afte% the (at)%it&. "11.;a# ARTICLE 12.;.*ne who sells an inhe%itance witho)t en)(e%atin' the thin's of which it is co(posed- shall onl& be answe%able fo% his cha%acte% as an hei%. "11.1# ARTICLE 12.1.*ne who sells fo% a l)(p s)( the whole of ce%tain %i'hts- %entso% p%od)cts- shall co(pl& b& answe%in' fo% the le'iti(ac& of the whole in 'ene%al< b)t he shall not be obli'ed to wa%%ant each of the !a%io)s pa%ts of which it (a& be co(posed- e/cept in the case of e!iction f%o( the whole o% the pa%t of '%eate% !al)e. "11.$a# ARTICLE 12.$.Aho)ld the !endo% ha!e p%ofited b& so(e of the f%)its o% %ecei!ed an&thin' f%o( the inhe%itance sold- he shall pa& the !endee the%eof- if the cont%a%& has not been stip)lated. "11..# ARTICLE 12...The !endee shall- on his pa%t- %ei(b)%se the !endo% fo% all that the latte% (a& ha!e paid fo% the debts of and cha%'es on the estate and satisf& the c%edits he (a& ha!e a'ainst the sa(e- )nless the%e is an a'%ee(ent to the cont%a%&. "11.0#

ARTICLE 12.0.7hen a c%edit o% othe% inco%po%eal %i'ht in liti'ation is sold- the debto% shall ha!e a %i'ht to e/tin')ish it b& %ei(b)%sin' the assi'nee fo% the p%ice the latte% paid the%efo%- the 3)dicial costs inc)%%ed b& hi(- and the inte%est on the p%ice f%o( the da& on which the sa(e was paid. A c%edit o% othe% inco%po%eal %i'ht shall be conside%ed in liti'ation f%o( the ti(e the co(plaint conce%nin' the sa(e is answe%ed. The debto% (a& e/e%cise his %i'ht within thi%t& da&s f%o( the date the assi'nee de(ands pa&(ent f%o( hi(. "11.1# ARTICLE 12.1.B%o( the p%o!isions of the p%ecedin' a%ticle shall be e/cepted the assi'n(ents o% sales (ade> "1#To a co6hei% o% co6owne% of the %i'ht assi'ned< "$#To a c%edito% in pa&(ent of his c%edit< aisa dc ".#To the possesso% of a tene(ent o% piece of land which is s)b3ect to the %i'ht in liti'ation assi'ned. "11.2# CHAPTER : +ene%al P%o!isions ARTICLE 12.2.In the p%ecedin' a%ticles in this Title 'o!e%nin' the sale of 'oods)nless the conte/t o% s)b3ect (atte% othe%wise %e5)i%es> "1# Eoc)(ent of title to 'oods incl)des an& bill of ladin'- dock wa%%ant5)edan- o% wa%eho)se %eceipt o% o%de% fo% the deli!e%& of 'oods- o% an& othe% doc)(ent )sed in the o%dina%& co)%se of b)siness in the sale o% t%ansfe% of 'oods- as p%oof of the possession o% cont%ol of the 'oods- o% a)tho%i,in' o% p)%po%tin' to a)tho%i,e the possesso% of the doc)(ent to t%ansfe% o% %ecei!eeithe% b& indo%se(ent o% b& deli!e%&- 'oods %ep%esented b& s)ch doc)(ent. cdtai +oods incl)des all chattels pe%sonal b)t not thin's in action o% (one& of le'al tende% in the Philippines. The te%( incl)des '%owin' f%)its o% c%ops. *%de% %elatin' to doc)(ents of title (eans an o%de% b& indo%se(ent on the doc)(ents. G)alit& of 'oods incl)des thei% state o% condition. Apecific 'oods (eans 'oods identified and a'%eed )pon at the ti(e a cont%act of sale is (ade.

An antecedent o% p%e6e/istin' clai(- whethe% fo% (one& o% not- constit)tes !al)e whe%e 'oods o% doc)(ents of title a%e taken eithe% in satisfaction the%eof o% as sec)%it& the%efo%. acd "$#A pe%son is insol!ent within the (eanin' of this Title who eithe% has ceased to pa& his debts in the o%dina%& co)%se of b)siness o% cannot pa& his debts as the& beco(e d)e- whethe% insol!enc& p%oceedin's ha!e been co((enced o% not. ".#+oods a%e in a deli!e%able state within the (eanin' of this Title when the& a%e in s)ch a state that the b)&e% wo)ld- )nde% the cont%act- be bo)nd to take deli!e%& of the(. "n# ARTICLE 12.4.The p%o!isions of this Title a%e s)b3ect to the %)les laid down b& the Mo%t'a'e Law and the Land Re'ist%ation Law with %e'a%d to i((o!able p%ope%t&. "11.4a# TITLE ?II Ca%te% o% E/chan'e ARTICLE 12.8.C& the cont%act of ba%te% o% e/chan'e one of the pa%ties binds hi(self to 'i!e one thin' in conside%ation of the othe%=s p%o(ise to 'i!e anothe% thin'. "11.8a# ARTICLE 12.:.If one of the cont%actin' pa%ties- ha!in' %ecei!ed the thin' p%o(ised hi( in ba%te%- sho)ld p%o!e that it did not belon' to the pe%son who 'a!e it- he cannot be co(pelled to deli!e% that which he offe%ed in e/chan'e- b)t he shall be entitled to da(a'es. "11.:a# ARTICLE 120;.*ne who loses b& e!iction the thin' %ecei!ed in ba%te% (a& %eco!e% that which he 'a!e in e/chan'e with a %i'ht to da(a'es- o% he (a& onl& de(and an inde(nit& fo% da(a'es. Howe!e%- he can onl& (ake )se of the %i'ht to %eco!e% the thin' which he has deli!e%ed while the sa(e %e(ains in the possession of the othe% pa%t&- and witho)t p%e3)dice to the %i'hts ac5)i%ed in 'ood faith in the (eanti(e b& a thi%d pe%son. "110;a# cd i ARTICLE 1201.As to all (atte%s not specificall& p%o!ided fo% in this Title- ba%te% shall be 'o!e%ned b& the p%o!isions of the p%ecedin' Title %elatin' to sales. "1101a# TITLE ?III Lease CHAPTER 1

+ene%al P%o!isions ARTICLE 120$.The cont%act of lease (a& be of thin's- o% of wo%k and se%!ice. "110$# ARTICLE 120..In the lease of thin's- one of the pa%ties binds hi(self to 'i!e to anothe% the en3o&(ent o% )se of a thin' fo% a p%ice ce%tain- and fo% a pe%iod which (a& be definite o% indefinite. Howe!e%- no lease fo% (o%e than ninet&6nine &ea%s shall be !alid. "110.a# ARTICLE 1200.In the lease of wo%k o% se%!ice- one of the pa%ties binds hi(self to e/ec)te a piece of wo%k o% to %ende% to the othe% so(e se%!ice fo% a p%ice ce%tainb)t the %elation of p%incipal and a'ent does not e/ist between the(. "1100a# ARTICLE 1201.Cons)(able 'oods cannot be the s)b3ect (atte% of a cont%act of lease- e/cept when the& a%e (e%el& to be e/hibited o% when the& a%e accesso%& to an ind)st%ial establish(ent. "1101a# cda CHAPTER $ Lease of R)%al and @%ban Lands AECTI*N 1 +ene%al P%o!isions ARTICLE 1202.The pe%sons dis5)alified to b)& %efe%%ed to in a%ticles 10:; and 10:1- a%e also dis5)alified to beco(e lessees of the thin's (entioned the%ein. "n# ARTICLE 1204.If a lease is to be %eco%ded in the Re'ist%& of P%ope%t&- the followin' pe%sons cannot constit)te the sa(e witho)t p%ope% a)tho%it&> the h)sband with %espect to the wife=s pa%aphe%nal %eal estate- the fathe% o% ')a%dian as to the p%ope%t& of the (ino% o% wa%d- and the (ana'e% witho)t special powe%. "1108a# ARTICLE 1208.E!e%& lease of %eal estate (a& be %eco%ded in the Re'ist%& of P%ope%t&. @nless a lease is %eco%ded- it shall not be bindin' )pon thi%d pe%sons. "110:a# ARTICLE 120:.The lessee cannot assi'n the lease witho)t the consent of the lesso%- )nless the%e is a stip)lation to the cont%a%&. "n# ARTICLE 121;.7hen in the cont%act of lease of thin's the%e is no e/p%ess p%ohibition- the lessee (a& s)blet the thin' leased- in whole o% in pa%t- witho)t

p%e3)dice to his %esponsibilit& fo% the pe%fo%(ance of the cont%act towa%d the lesso%. "111;# ARTICLE 1211. 7itho)t p%e3)dice to his obli'ation towa%d the s)blesso%- the s)blessee is bo)nd to the lesso% fo% all acts which %efe% to the )se and p%ese%!ation of the thin' leased in the (anne% stip)lated between the lesso% and the lessee. "1111#

ARTICLE 121$.The s)blessee is s)bsidia%il& liable to the lesso% fo% an& %ent d)e f%o( the lessee. Howe!e%- the s)blessee shall not be %esponsible be&ond the a(o)nt of %ent d)e f%o( hi(- in acco%dance with the te%(s of the s)blease- at the ti(e of the e/t%a63)dicial de(and b& the lesso%. cd i Pa&(ents of %ent in ad!ance b& the s)blessee shall be dee(ed not to ha!e been (ade- so fa% as the lesso%=s clai( is conce%ned- )nless said pa&(ents we%e effected in !i%t)e of the c)sto( of the place. "111$a# ARTICLE 121..The p%o!isions 'o!e%nin' wa%%ant&- contained in the Title on Aales- shall be applicable to the cont%act of lease. In the cases whe%e the %et)%n of the p%ice is %e5)i%ed- %ed)ction shall be (ade in p%opo%tion to the ti(e d)%in' which the lessee en3o&ed the thin'. "111.# AECTI*N $ Ri'hts and *bli'ations of the Lesso% and the Lessee ARTICLE 1210.The lesso% is obli'ed> cda "1#To deli!e% the thin' which is the ob3ect of the cont%act in s)ch a condition as to %ende% it fit fo% the )se intended< "$#To (ake on the sa(e d)%in' the lease all the necessa%& %epai%s in o%de% to keep it s)itable fo% the )se to which it has been de!oted- )nless the%e is a stip)lation to the cont%a%&< ".#To (aintain the lessee in the peacef)l and ade5)ate en3o&(ent of the lease fo% the enti%e d)%ation of the cont%act. "1110a# ARTICLE 1211.If the thin' leased is totall& dest%o&ed b& a fo%t)ito)s e!ent- the lease is e/tin')ished. If the dest%)ction is pa%tial- the lessee (a& choose between a p%opo%tional %ed)ction of the %ent and a %escission of the lease. "n#

ARTICLE 1212.The lesso% of a b)siness o% ind)st%ial establish(ent (a& contin)e en'a'in' in the sa(e b)siness o% ind)st%& to which the lessee de!otes the thin' leased- )nless the%e is a stip)lation to the cont%a%&. "n# ARTICLE 1214.The lessee is obli'ed> "1#To pa& the p%ice of the lease acco%din' to the te%(s stip)lated< "$#To )se the thin' leased as a dili'ent fathe% of a fa(il&- de!otin' it to the )se stip)lated< and in the absence of stip)lation- to that which (a& be infe%%ed f%o( the nat)%e of the thin' leased- acco%din' to the c)sto( of the place< cdt ".#To pa& the e/penses fo% the deed of lease. "1111# ARTICLE 1218.The lessee (a& s)spend the pa&(ent of the %ent in case the lesso% fails to (ake the necessa%& %epai%s o% to (aintain the lessee in peacef)l and ade5)ate en3o&(ent of the p%ope%t& leased. "n# ARTICLE 121:.If the lesso% o% the lessee sho)ld not co(pl& with the obli'ations set fo%th in a%ticles 1210 and 1214- the a''%ie!ed pa%t& (a& ask fo% the %escission of the cont%act and inde(nification fo% da(a'es- o% onl& the latte%allowin' the cont%act to %e(ain in fo%ce. "1112# ARTICLE 122;.If a dwellin' place o% an& othe% b)ildin' intended fo% h)(an habitation is in s)ch a condition that its )se b%in's i((inent and se%io)s dan'e% to life o% health- the lessee (a& te%(inate the lease at once b& notif&in' the lesso%- e!en if at the ti(e the cont%act was pe%fected the fo%(e% knew of the dan'e%o)s condition o% wai!ed the %i'ht to %escind the lease on acco)nt of this condition. "n# cd ARTICLE 1221.The lesso% cannot alte% the fo%( of the thin' leased in s)ch a wa& as to i(pai% the )se to which the thin' is de!oted )nde% the te%(s of the lease. "1114a# ARTICLE 122$.If d)%in' the lease it sho)ld beco(e necessa%& to (ake so(e )%'ent %epai%s )pon the thin' leased- which cannot be defe%%ed )ntil the te%(ination of the lease- the lessee is obli'ed to tole%ate the wo%k- altho)'h it (a& be !e%& anno&in' to hi(- and altho)'h d)%in' the sa(e- he (a& be dep%i!ed of a pa%t of the p%e(ises. If the %epai%s last (o%e than fo%t& da&s the %ent shall be %ed)ced in p%opo%tion to the ti(e H incl)din' the fi%st fo%t& da&s H and the pa%t of the p%ope%t& of which the lessee has been dep%i!ed. 7hen the wo%k is of s)ch a nat)%e that the po%tion which the lessee and his fa(il& need fo% thei% dwellin' beco(es )ninhabitable- he (a& %escind the

cont%act if the (ain p)%pose of the lease is to p%o!ide a dwellin' place fo% the lessee. "1118a# ARTICLE 122..The lessee is obli'ed to b%in' to the knowled'e of the p%op%ieto%within the sho%test possible ti(e- e!e%& )s)%pation o% )ntowa%d act which an& thi%d pe%son (a& ha!e co((itted o% (a& be openl& p%epa%in' to ca%%& o)t )pon the thin' leased. cd He is also obli'ed to ad!ise the owne%- with the sa(e )%'enc&- of the need of all %epai%s incl)ded in No. $ of a%ticle 1210. In both cases the lessee shall be liable fo% the da(a'es which- th%o)'h his ne'li'ence- (a& be s)ffe%ed b& the p%op%ieto%. If the lesso% fails to (ake )%'ent %epai%s- the lessee- in o%de% to a!oid an i((inent dan'e%- (a& o%de% the %epai%s at the lesso%=s cost. "111:a# ARTICLE 1220.The lesso% is not obli'ed to answe% fo% a (e%e act of t%espass which a thi%d pe%son (a& ca)se on the )se of the thin' leased< b)t the lessee shall ha!e a di%ect action a'ainst the int%)de%. cdt The%e is a (e%e act of t%espass when the thi%d pe%son clai(s no %i'ht whate!e%. "112;a# ARTICLE 1221.The lessee shall %et)%n the thin' leased- )pon the te%(ination of the lease- as he %ecei!ed it- sa!e what has been lost o% i(pai%ed b& the lapse of ti(e- o% b& o%dina%& wea% and tea%- o% f%o( an ine!itable ca)se. "1121a# ARTICLE 1222.In the absence of a state(ent conce%nin' the condition of the thin' at the ti(e the lease was constit)ted- the law p%es)(es that the lessee %ecei!ed it in 'ood condition- )nless the%e is p%oof to the cont%a%&. "112$# ARTICLE 1224.The lessee is %esponsible fo% the dete%io%ation o% loss of the thin' leased- )nless he p%o!es that it took place witho)t his fa)lt. This b)%den of p%oof on the lessee does not appl& when the dest%)ction is d)e to ea%th5)ake- floodsto%( o% othe% nat)%al cala(it&. "112.a# cd ARTICLE 1228.The lessee is liable fo% an& dete%io%ation ca)sed b& (e(be%s of his ho)sehold and b& ')ests and !isito%s. "1120a# ARTICLE 122:.If the lease was (ade fo% a dete%(inate ti(e- it ceases )pon the da& fi/ed- witho)t the need of a de(and. "1121# ARTICLE 124;.If at the end of the cont%act the lessee sho)ld contin)e en3o&in' the thin' leased fo% fifteen da&s with the ac5)iescence of the lesso%- and )nless a

notice to the cont%a%& b& eithe% pa%t& has p%e!io)sl& been 'i!en- it is )nde%stood that the%e is an i(plied new lease- not fo% the pe%iod of the o%i'inal cont%act- b)t fo% the ti(e established in a%ticles 128$ and 1284. The othe% te%(s of the o%i'inal cont%act shall be %e!i!ed. "1122a# aisa dc ARTICLE 1241.If the lessee contin)es en3o&in' the thin' afte% the e/pi%ation of the cont%act- o!e% the lesso%=s ob3ection- the fo%(e% shall be s)b3ect to the %esponsibilities of a possesso% in bad faith. "n# ARTICLE 124$.In case of an i(plied new lease- the obli'ations cont%acted b& a thi%d pe%son fo% the sec)%it& of the p%incipal cont%act shall cease with %espect to the new lease. "1124# ARTICLE 124..The lesso% (a& 3)diciall& e3ect the lessee fo% an& of the followin' ca)ses> "1#7hen the pe%iod a'%eed )pon- o% that which is fi/ed fo% the d)%ation of leases )nde% a%ticles 128$ and 1284- has e/pi%ed< "$#Lack of pa&(ent of the p%ice stip)lated< cda ".#?iolation of an& of the conditions a'%eed )pon in the cont%act< "0#7hen the lessee de!otes the thin' leased to an& )se o% se%!ice not stip)lated which ca)ses the dete%io%ation the%eof< o% if he does not obse%!e the %e5)i%e(ent in No. $ of a%ticle 1214- as %e'a%ds the )se the%eof. The e3ect(ent of tenants of a'%ic)lt)%al lands is 'o!e%ned b& special laws. "112:a# ARTICLE 1240.In e3ect(ent cases whe%e an appeal is taken- the %e(ed& '%anted in a%ticle 1.:- second pa%a'%aph- shall also appl&- if the hi'he% co)%t is satisfied that the lessee=s appeal is f%i!olo)s o% dilato%&- o% that the lesso%=s appeal is p%i(a facie (e%ito%io)s. The pe%iod of ten da&s %efe%%ed to in said a%ticle shall be co)nted f%o( the ti(e the appeal is pe%fected. "n# ARTICLE 1241.E/cept in cases stated in a%ticle 124.- the lessee shall ha!e a %i'ht to (ake )se of the pe%iods established in a%ticles 128$ and 1284. "114;# ARTICLE 1242.The p)%chase% of a piece of land which is )nde% a lease that is not %eco%ded in the Re'ist%& of P%ope%t& (a& te%(inate the lease- sa!e when the%e is a stip)lation to the cont%a%& in the cont%act of sale- o% when the p)%chase% knows of the e/istence of the lease.

If the b)&e% (akes )se of this %i'ht- the lessee (a& de(and that he be allowed to 'athe% the f%)its of the ha%!est which co%%esponds to the c)%%ent a'%ic)lt)%al &ea% and that the !endo% inde(nif& hi( fo% da(a'es s)ffe%ed. cd i If the sale is fictitio)s- fo% the p)%pose of e/tin')ishin' the lease- the s)pposed !endee cannot (ake )se of the %i'ht '%anted in the fi%st pa%a'%aph of this a%ticle. The sale is p%es)(ed to be fictitio)s if at the ti(e the s)pposed !endee de(ands the te%(ination of the lease- the sale is not %eco%ded in the Re'ist%& of P%ope%t&. "1141a# ARTICLE 1244.The p)%chase% in a sale with the %i'ht of %ede(ption cannot (ake )se of the powe% to e3ect the lessee )ntil the end of the pe%iod fo% the %ede(ption. "114$# ARTICLE 1248.If the lessee (akes- in 'ood faith- )sef)l i(p%o!e(ents which a%e s)itable to the )se fo% which the lease is intended- witho)t alte%in' the fo%( o% s)bstance of the p%ope%t& leased- the lesso% )pon the te%(ination of the lease shall pa& the lessee one6half of the !al)e of the i(p%o!e(ents at that ti(e. Aho)ld the lesso% %ef)se to %ei(b)%se said a(o)nt- the lessee (a& %e(o!e the i(p%o!e(ents- e!en tho)'h the p%incipal thin' (a& s)ffe% da(a'e the%eb&. He shall not- howe!e%- ca)se an& (o%e i(pai%(ent )pon the p%ope%t& leased than is necessa%&. 7ith %e'a%d to o%na(ental e/penses- the lessee shall not be entitled to an& %ei(b)%se(ent- b)t he (a& %e(o!e the o%na(ental ob3ects- p%o!ided no da(a'e is ca)sed to the p%incipal thin'- and the lesso% does not choose to %etain the( b& pa&in' thei% !al)e at the ti(e the lease is e/tin')ished. "n# ARTICLE 124:.If nothin' has been stip)lated conce%nin' the place and the ti(e fo% the pa&(ent of the lease- the p%o!isions of a%ticle 1$11 shall be obse%!ed as %e'a%ds the place< and with %espect to the ti(e- the c)sto( of the place shall be followed. "1140#

AECTI*N . Apecial P%o!isions fo% Leases of R)%al Lands ARTICLE 128;.The lessee shall ha!e no %i'ht to a %ed)ction of the %ent on acco)nt of the ste%ilit& of the land leased- o% b& %eason of the loss of f%)its d)e to o%dina%& fo%t)ito)s e!ents< b)t he shall ha!e s)ch %i'ht in case of the loss of (o%e than one6half of the f%)its th%o)'h e/t%ao%dina%& and )nfo%eseen fo%t)ito)s e!entssa!e alwa&s when the%e is a specific stip)lation to the cont%a%&. cdt

E/t%ao%dina%& fo%t)ito)s e!ents a%e )nde%stood to be> fi%e- wa%- pestilence)n)s)al flood- loc)sts- ea%th5)ake- o% othe%s which a%e )nco((on- and which the cont%actin' pa%ties co)ld not ha!e %easonabl& fo%eseen. "1141# ARTICLE 1281.Neithe% does the lessee ha!e an& %i'ht to a %ed)ction of the %ent if the f%)its a%e lost afte% the& ha!e been sepa%ated f%o( thei% stalk- %oot o% t%)nk. "1142# ARTICLE 128$.The lease of a piece of %)%al land- when its d)%ation has not been fi/ed- is )nde%stood to ha!e been fo% all the ti(e necessa%& fo% the 'athe%in' of the f%)its which the whole estate leased (a& &ield in one &ea%- o% which it (a& &ield once- altho)'h two o% (o%e &ea%s (a& ha!e to elapse fo% the p)%pose. "1144a# ARTICLE 128..The o)t'oin' lessee shall allow the inco(in' lessee o% the lesso% the )se of the p%e(ises and othe% (eans necessa%& fo% the p%epa%ato%& labo% fo% the followin' &ea%< and- %ecip%ocall&- the inco(in' lessee o% the lesso% is )nde% obli'ation to pe%(it the o)t'oin' lessee to do whate!e% (a& be necessa%& fo% the 'athe%in' o% ha%!estin' and )tili,ation of the f%)its- all in acco%dance with the c)sto( of the place. "1148a# ARTICLE 1280.Land tenanc& on sha%es shall be 'o!e%ned b& special laws- the stip)lations of the pa%ties- the p%o!isions on pa%tne%ship and b& the c)sto(s of the place. "114:a# cd ARTICLE 1281.The tenant on sha%es cannot be e3ected e/cept in cases specified b& law. "n# AECTI*N 0 Apecial P%o!isions fo% the Lease of @%ban Lands ARTICLE 1282.In defa)lt of a special stip)lation- the c)sto( of the place shall be obse%!ed with %e'a%d to the kind of %epai%s on )%ban p%ope%t& fo% which the lesso% shall be liable. In case of do)bt it is )nde%stood that the %epai%s a%e cha%'eable a'ainst hi(. "118;a# ARTICLE 1284.If the pe%iod fo% the lease has not been fi/ed- it is )nde%stood to be f%o( &ea% to &ea%- if the %ent a'%eed )pon is ann)al< f%o( (onth to (onth- if it is (onthl&< f%o( week to week- if the %ent is weekl&< and f%o( da& to da&- if the %ent is to be paid dail&. Howe!e%- e!en tho)'h a (onthl& %ent is paid- and no pe%iod fo% the lease has been set- the co)%ts (a& fi/ a lon'e% te%( fo% the lease afte% the lessee has occ)pied the p%e(ises fo% o!e% one &ea%. If the %ent is weekl&- the co)%ts (a& likewise dete%(ine a lon'e% pe%iod afte% the lessee has been in possession fo% o!e% si/ (onths. In case of dail& %ent- the co)%ts (a& also

fi/ a lon'e% pe%iod afte% the lessee has sta&ed in the place fo% o!e% one (onth. "1181a# ARTICLE 1288. 7hen the lesso% of a ho)se- o% pa%t the%eof- )sed as a dwellin' fo% a fa(il&- o% when the lesso% of a sto%e- o% ind)st%ial establish(ent- also leases the f)%nit)%e- the lease of the latte% shall be dee(ed to be fo% the d)%ation of the lease of the p%e(ises. "118$# CHAPTER . 7o%k and Labo% AECTI*N 1 Ho)sehold Ae%!ice "n# ARTICLE 128:.Ho)sehold se%!ice shall alwa&s be %easonabl& co(pensated. An& stip)lation that ho)sehold se%!ice is witho)t co(pensation shall be !oid. A)ch co(pensation shall be in addition to the ho)se helpe%=s lod'in'- food- and (edical attendance. aisa dc ARTICLE 12:;.The head of the fa(il& shall f)%nish- f%ee of cha%'e- to the ho)se helpe%- s)itable and sanita%& 5)a%te%s as well as ade5)ate food and (edical attendance. ARTICLE 12:1.If the ho)se helpe% is )nde% the a'e of ei'hteen &ea%s- the head of the fa(il& shall 'i!e an oppo%t)nit& to the ho)se helpe% fo% at least ele(enta%& ed)cation. The cost of s)ch ed)cation shall be a pa%t of the ho)se helpe%=s co(pensation- )nless the%e is a stip)lation to the cont%a%&. ARTICLE 12:$.No cont%act fo% ho)sehold se%!ice shall last fo% (o%e than two &ea%s. Howe!e%- s)ch cont%act (a& be %enewed f%o( &ea% to &ea%. ARTICLE 12:..The ho)se helpe%=s clothes shall be s)b3ect to stip)lation. Howe!e%- an& cont%act fo% ho)sehold se%!ice shall be !oid if the%eb& the ho)se helpe% cannot affo%d to ac5)i%e s)itable clothin'. ARTICLE 12:0.The head of the fa(il& shall t%eat the ho)se helpe% in a 3)st and h)(ane (anne%. In no case shall ph&sical !iolence be )sed )pon the ho)se helpe%. ARTICLE 12:1.Ho)se helpe%s shall not be %e5)i%ed to wo%k (o%e than ten ho)%s a da&. E!e%& ho)se helpe% shall be allowed fo)% da&s= !acation each (onth- with pa&.

ARTICLE 12:2.In case of death of the ho)se helpe%- the head of the fa(il& shall bea% the f)ne%al e/penses if the ho)se helpe% has no %elati!es in the place whe%e the head of the fa(il& li!es- with s)fficient (eans the%efo%. cdasia ARTICLE 12:4.If the pe%iod fo% ho)sehold se%!ice is fi/ed- neithe% the head of the fa(il& no% the ho)se helpe% (a& te%(inate the cont%act befo%e the e/pi%ation of the te%(- e/cept fo% a 3)st ca)se. If the ho)se helpe% is )n3)stl& dis(issed- he shall be paid the co(pensation al%ead& ea%ned pl)s that fo% fifteen da&s b& wa& of inde(nit&. If the ho)se helpe% lea!es witho)t 3)stifiable %eason- he shall fo%feit an& sala%& d)e hi( and )npaid- fo% not e/ceedin' fifteen da&s. ARTICLE 12:8.If the d)%ation of the ho)sehold se%!ice is not dete%(ined eithe% b& stip)lation o% b& the nat)%e of the se%!ice- the head of the fa(il& o% the ho)se helpe% (a& 'i!e notice to p)t an end to the se%!ice %elation- acco%din' to the followin' %)les> "1#If the co(pensation is paid b& the da&- notice (a& be 'i!en on an& da& that the se%!ice shall end at the close of the followin' da&< "$#If the co(pensation is paid b& the week- notice (a& be 'i!en- at the latest- on the fi%st b)siness da& of the week- that the se%!ice shall be te%(inated at the end of the se!enth da& f%o( the be'innin' of the week< ".#If the co(pensation is paid b& the (onth- notice (a& be 'i!en- at the lateston the fifth da& of the (onth- that the se%!ice shall cease at the end of the (onth. ARTICLE 12::.@pon the e/tin')ish(ent of the se%!ice %elation- the ho)se helpe% (a& de(and f%o( the head of the fa(il& a w%itten state(ent on the nat)%e and d)%ation of the se%!ice and the efficienc& and cond)ct of the ho)se helpe%. cda AECTI*N $ Cont%act of Labo% "n# ARTICLE 14;;.The %elations between capital and labo% a%e not (e%el& cont%act)al. The& a%e so i(p%essed with p)blic inte%est that labo% cont%acts ()st &ield to the co((on 'ood. The%efo%e- s)ch cont%acts a%e s)b3ect to the special laws on labo% )nions- collecti!e ba%'ainin'- st%ikes and locko)ts- closed shopwa'es- wo%kin' conditions- ho)%s of labo% and si(ila% s)b3ects. ARTICLE 14;1.Neithe% capital no% labo% shall act opp%essi!el& a'ainst the othe%o% i(pai% the inte%est o% con!enience of the p)blic. ARTICLE 14;$.In case of do)bt- all labo% le'islation and all labo% cont%acts shall be const%)ed in fa!o% of the safet& and decent li!in' fo% the labo%e%.

ARTICLE 14;..No cont%act which p%acticall& a(o)nts to in!ol)nta%& se%!it)de)nde% an& ')ise whatsoe!e%- shall be !alid. acd ARTICLE 14;0.In collecti!e ba%'ainin'- the labo% )nion o% (e(be%s of the boa%d o% co((ittee si'nin' the cont%act shall be liable fo% non6f)lfill(ent the%eof. ARTICLE 14;1.The labo%e%=s wa'es shall be paid in le'al c)%%enc&. ARTICLE 14;2.7ithholdin' of the wa'es- e/cept fo% a debt d)e- shall not be (ade b& the e(plo&e%. ARTICLE 14;4.The labo%e%=s wa'es shall be a lien on the 'oods (an)fact)%ed o% the wo%k done. ARTICLE 14;8.The labo%e%=s wa'es shall not be s)b3ect to e/ec)tion o% attach(ent- e/cept fo% debts inc)%%ed fo% food- shelte%- clothin' and (edical attendance. ARTICLE 14;:.The e(plo&e% shall neithe% sei,e no% %etain an& tool o% othe% a%ticles belon'in' to the labo%e%. cd ARTICLE 141;.Eis(issal of labo%e%s shall be s)b3ect to the s)pe%!ision of the +o!e%n(ent- )nde% special laws. ARTICLE 1411.*wne%s of ente%p%ises and othe% e(plo&e%s a%e obli'ed to pa& co(pensation fo% the death of o% in3)%ies to thei% labo%e%s- wo%k(en- (echanics o% othe% e(plo&ees- e!en tho)'h the e!ent (a& ha!e been p)%el& accidental o% enti%el& d)e to a fo%t)ito)s ca)se- if the death o% pe%sonal in3)%& a%ose o)t of and in the co)%se of the e(plo&(ent. The e(plo&e% is also liable fo% co(pensation if the e(plo&ee cont%acts an& illness o% disease ca)sed b& s)ch e(plo&(ent o% as the %es)lt of the nat)%e of the e(plo&(ent. If the (ishap was d)e to the e(plo&ee=s own noto%io)s ne'li'ence- o% !ol)nta%& act- o% d%)nkenness- the e(plo&e% shall not be liable fo% co(pensation. 7hen the e(plo&ee=s lack of d)e ca%e cont%ib)ted to his death o% in3)%&- the co(pensation shall be e5)itabl& %ed)ced. ARTICLE 141$.If the death o% in3)%& is d)e to the ne'li'ence of a fellow wo%ke%the latte% and the e(plo&e% shall be solida%il& liable fo% co(pensation. If a fellow wo%ke%=s intentional o% (alicio)s act is the onl& ca)se of the death o% in3)%&- the e(plo&e% shall not be answe%able- )nless it sho)ld be shown that the latte% did not e/e%cise d)e dili'ence in the selection o% s)pe%!ision of the plaintiff=s fellow wo%ke%. AECTI*N . Cont%act fo% a Piece of 7o%k

ARTICLE 141.. C& the cont%act fo% a piece of wo%k the cont%acto% binds hi(self to e/ec)te a piece of wo%k fo% the e(plo&e%- in conside%ation of a ce%tain p%ice o% co(pensation. The cont%acto% (a& eithe% e(plo& onl& his labo% o% skill- o% also f)%nish the (ate%ial. "1188a# cd ARTICLE 1410.If the cont%acto% a'%ees to p%od)ce the wo%k f%o( (ate%ial f)%nished b& hi(- he shall deli!e% the thin' p%od)ced to the e(plo&e% and t%ansfe% do(inion o!e% the thin'. This cont%act shall be 'o!e%ned b& the followin' a%ticles as well as b& the pe%tinent p%o!isions on wa%%ant& of title and a'ainst hidden defects and the pa&(ent of p%ice in a cont%act of sale. "n# ARTICLE 1411.The cont%acto% shall e/ec)te the wo%k in s)ch a (anne% that it has the 5)alities a'%eed )pon and has no defects which dest%o& o% lessen its !al)e o% fitness fo% its o%dina%& o% stip)lated )se. Aho)ld the wo%k be not of s)ch 5)alit&- the e(plo&e% (a& %e5)i%e that the cont%acto% %e(o!e the defect o% e/ec)te anothe% wo%k. If the cont%acto% fails o% %ef)ses to co(pl& with this obli'ation- the e(plo&e% (a& ha!e the defect %e(o!ed o% anothe% wo%k e/ec)tedat the cont%acto%=s cost. "n#

ARTICLE 1412.An a'%ee(ent wai!in' o% li(itin' the cont%acto%=s liabilit& fo% an& defect in the wo%k is !oid if the cont%acto% acted f%a)d)lentl&. "n# casia ARTICLE 1414.If the cont%acto% bo)nd hi(self to f)%nish the (ate%ial- he shall s)ffe% the loss if the wo%k sho)ld be dest%o&ed befo%e its deli!e%&- sa!e when the%e has been dela& in %ecei!in' it. "118:# ARTICLE 1418.The cont%acto% who has )nde%taken to p)t onl& his wo%k o% skillcannot clai( an& co(pensation if the wo%k sho)ld be dest%o&ed befo%e its deli!e%&- )nless the%e has been dela& in %ecei!in' it- o% if the dest%)ction was ca)sed b& the poo% 5)alit& of the (ate%ial- p%o!ided this fact was co(()nicated in d)e ti(e to the owne%. If the (ate%ial is lost th%o)'h a fo%t)ito)s e!ent- the cont%act is e/tin')ished. "11:;a# ARTICLE 141:.Acceptance of the wo%k b& the e(plo&e% %elie!es the cont%acto% of liabilit& fo% an& defect in the wo%k- )nless> "1#The defect is hidden and the e(plo&e% is not- b& his special knowled'ee/pected to %eco'ni,e the sa(e< o% aisa dc "$#The e(plo&e% e/p%essl& %ese%!es his %i'hts a'ainst the cont%acto% b& %eason of the defect. "n#

ARTICLE 14$;.The p%ice o% co(pensation shall be paid at the ti(e and place of deli!e%& of the wo%k- )nless the%e is a stip)lation to the cont%a%&. If the wo%k is to be deli!e%ed pa%tiall&- the p%ice o% co(pensation fo% each pa%t ha!in' been fi/edthe s)( shall be paid at the ti(e and place of deli!e%&- in the absence of stip)lation. "n# ARTICLE 14$1.If- in the e/ec)tion of the wo%k- an act of the e(plo&e% is %e5)i%edand he inc)%s in dela& o% fails to pe%fo%( the act- the cont%acto% is entitled to a %easonable co(pensation. The a(o)nt of the co(pensation is co(p)ted- on the one hand- b& the d)%ation of the dela& and the a(o)nt of the co(pensation stip)lated- and on the othe% hand- b& what the cont%acto% has sa!ed in e/penses b& %eason of the dela&- o% is able to ea%n b& a diffe%ent e(plo&(ent of his ti(e and ind)st%&. "n# cdt ARTICLE 14$$.If the wo%k cannot be co(pleted on acco)nt of a defect in the (ate%ial f)%nished b& the e(plo&e%- o% beca)se of o%de%s f%o( the e(plo&e%witho)t an& fa)lt on the pa%t of the cont%acto%- the latte% has a %i'ht to an e5)itable pa%t of the co(pensation p%opo%tionall& to the wo%k done- and %ei(b)%se(ent fo% p%ope% e/penses (ade. "n# ARTICLE 14$..The en'inee% o% a%chitect who d%ew )p the plans and specifications fo% a b)ildin' is liable fo% da(a'es if within fifteen &ea%s f%o( the co(pletion of the st%)ct)%e- the sa(e sho)ld collapse b& %eason of a defect in those plans and specifications- o% d)e to the defects in the '%o)nd. The cont%acto% is likewise %esponsible fo% the da(a'es if the edifice falls- within the sa(e pe%iod- on acco)nt of defects in the const%)ction o% the )se of (ate%ials of infe%io% 5)alit& f)%nished b& hi(- o% d)e to an& !iolation of the te%(s of the cont%act. If the en'inee% o% a%chitect s)pe%!ises the const%)ction- he shall be solida%il& liable with the cont%acto%. cda Acceptance of the b)ildin'- afte% co(pletion- does not i(pl& wai!e% of an& of the ca)ses of action b& %eason of an& defect (entioned in the p%ecedin' pa%a'%aph. The action ()st be b%o)'ht within ten &ea%s followin' the collapse of the b)ildin'. "n# ARTICLE 14$0.The cont%acto% who )nde%takes to b)ild a st%)ct)%e o% an& othe% wo%k fo% a stip)lated p%ice- in confo%(it& with plans and specifications a'%eed )pon with the land6owne%- can neithe% withd%aw f%o( the cont%act no% de(and an inc%ease in the p%ice on acco)nt of the hi'he% cost of labo% o% (ate%ials- sa!e when the%e has been a chan'e in the plans and specifications- p%o!ided> "1#A)ch chan'e has been a)tho%i,ed b& the p%op%ieto% in w%itin'< and

"$#The additional p%ice to be paid to the cont%acto% has been dete%(ined in w%itin' b& both pa%ties. "11:.a# ARTICLE 14$1.The owne% (a& withd%aw at will f%o( the const%)ction of the wo%kaltho)'h it (a& ha!e been co((enced- inde(nif&in' the cont%acto% fo% all the latte%=s e/penses- wo%k- and the )sef)lness which the owne% (a& obtain the%ef%o(- and da(a'es. "11:0a# ARTICLE 14$2.7hen a piece of wo%k has been ent%)sted to a pe%son b& %eason of his pe%sonal 5)alifications- the cont%act is %escinded )pon his death. In this case the p%op%ieto% shall pa& the hei%s of the cont%acto% in p%opo%tion to the p%ice a'%eed )pon- the !al)e of the pa%t of the wo%k done- and of the (ate%ials p%epa%ed- p%o!ided the latte% &ield hi( so(e benefit. aisa dc The sa(e %)le shall appl& if the cont%acto% cannot finish the wo%k d)e to ci%c)(stances be&ond his cont%ol. "11:1# ARTICLE 14$4.The cont%acto% is %esponsible fo% the wo%k done b& pe%sons e(plo&ed b& hi(. "11:2# ARTICLE 14$8.The cont%acto% is liable fo% all the clai(s of labo%e%s and othe%s e(plo&ed b& hi(- and of thi%d pe%sons fo% death o% ph&sical in3)%ies d)%in' the const%)ction. "n# ARTICLE 14$:.Those who p)t thei% labo% )pon o% f)%nish (ate%ials fo% a piece of wo%k )nde%taken b& the cont%acto% ha!e an action a'ainst the owne% )p to the a(o)nt owin' f%o( the latte% to the cont%acto% at the ti(e the clai( is (ade. Howe!e%- the followin' shall not p%e3)dice the labo%e%s- e(plo&ees and f)%nishe%s of (ate%ials> "1#Pa&(ents (ade b& the owne% to the cont%acto% befo%e the& a%e d)e< "$#Ren)nciation b& the cont%acto% of an& a(o)nt d)e hi( f%o( the owne%. This a%ticle is s)b3ect to the p%o!isions of special laws. "11:4a# ARTICLE 14.;.If it is a'%eed that the wo%k shall be acco(plished to the satisfaction of the p%op%ieto%- it is )nde%stood that in case of disa'%ee(ent the 5)estion shall be s)b3ect to e/pe%t 3)d'(ent. If the wo%k is s)b3ect to the app%o!al of a thi%d pe%son- his decision shall be finale/cept in case of f%a)d o% (anifest e%%o%. "11:8a# ARTICLE 14.1.He who has e/ec)ted wo%k )pon a (o!able has a %i'ht to %etain it b& wa& of pled'e )ntil he is paid. "12;;# acd

AECTI*N 0 Co((on Ca%%ie%s "n# A@CAECTI*N 1 +ene%al P%o!isions ARTICLE 14.$.Co((on ca%%ie%s a%e pe%sons- co%po%ations- fi%(s o% associations en'a'ed in the b)siness of ca%%&in' o% t%anspo%tin' passen'e%s o% 'oods o% bothb& land- wate%- o% ai%- fo% co(pensation- offe%in' thei% se%!ices to the p)blic. aisa dc ARTICLE 14...Co((on ca%%ie%s- f%o( the nat)%e of thei% b)siness and fo% %easons of p)blic polic&- a%e bo)nd to obse%!e e/t%ao%dina%& dili'ence in the !i'ilance o!e% the 'oods and fo% the safet& of the passen'e%s t%anspo%ted b& the(- acco%din' to all the ci%c)(stances of each case. A)ch e/t%ao%dina%& dili'ence in the !i'ilance o!e% the 'oods is f)%the% e/p%essed in a%ticles 14.0- 14.1- and 1401- Nos. 1- 2- and 4- while the e/t%ao%dina%& dili'ence fo% the safet& of the passen'e%s is f)%the% set fo%th in a%ticles 1411 and 1412. cdasia A@CAECTI*N $ ?i'ilance *!e% +oods ARTICLE 14.0.Co((on ca%%ie%s a%e %esponsible fo% the loss- dest%)ction- o% dete%io%ation of the 'oods- )nless the sa(e is d)e to an& of the followin' ca)ses onl&> "1#Blood- sto%(- ea%th5)ake- li'htnin'- o% othe% nat)%al disaste% o% cala(it&< "$#Act of the p)blic ene(& in wa%- whethe% inte%national o% ci!il< ".#Act o% o(ission of the shippe% o% owne% of the 'oods< "0#The cha%acte% of the 'oods o% defects in the packin' o% in the containe%s< "1#*%de% o% act of co(petent p)blic a)tho%it&. ARTICLE 14.1.In all cases othe% than those (entioned in Nos. 1- $- .- 0- and 1 of the p%ecedin' a%ticle- if the 'oods a%e lost- dest%o&ed o% dete%io%ated- co((on

ca%%ie%s a%e p%es)(ed to ha!e been at fa)lt o% to ha!e acted ne'li'entl&- )nless the& p%o!e that the& obse%!ed e/t%ao%dina%& dili'ence as %e5)i%ed in a%ticle 14... ARTICLE 14.2.The e/t%ao%dina%& %esponsibilit& of the co((on ca%%ie% lasts f%o( the ti(e the 'oods a%e )nconditionall& placed in the possession of- and %ecei!ed b& the ca%%ie% fo% t%anspo%tation )ntil the sa(e a%e deli!e%ed- act)all& o% const%)cti!el&- b& the ca%%ie% to the consi'nee- o% to the pe%son who has a %i'ht to %ecei!e the(- witho)t p%e3)dice to the p%o!isions of a%ticle 14.8. ARTICLE 14.4.The co((on ca%%ie%=s d)t& to obse%!e e/t%ao%dina%& dili'ence in the !i'ilance o!e% the 'oods %e(ains in f)ll fo%ce and effect e!en when the& a%e te(po%a%il& )nloaded o% sto%ed in t%ansit- )nless the shippe% o% owne% has (ade )se of the %i'ht of stoppa'e in t%ansit). cdt ARTICLE 14.8.The e/t%ao%dina%& liabilit& of the co((on ca%%ie% contin)es to be ope%ati!e e!en d)%in' the ti(e the 'oods a%e sto%ed in a wa%eho)se of the ca%%ie% at the place of destination- )ntil the consi'nee has been ad!ised of the a%%i!al of the 'oods and has had %easonable oppo%t)nit& the%eafte% to %e(o!e the( o% othe%wise dispose of the(. ARTICLE 14.:.In o%de% that the co((on ca%%ie% (a& be e/e(pted f%o( %esponsibilit&- the nat)%al disaste% ()st ha!e been the p%o/i(ate and onl& ca)se of the loss. Howe!e%- the co((on ca%%ie% ()st e/e%cise d)e dili'ence to p%e!ent o% (ini(i,e loss befo%e- d)%in' and afte% the occ)%%ence of flood- sto%( o% othe% nat)%al disaste% in o%de% that the co((on ca%%ie% (a& be e/e(pted f%o( liabilit& fo% the loss- dest%)ction- o% dete%io%ation of the 'oods. The sa(e d)t& is inc)(bent )pon the co((on ca%%ie% in case of an act of the p)blic ene(& %efe%%ed to in a%ticle 14.0- No. $. ARTICLE 140;. If the co((on ca%%ie% ne'li'entl& inc)%s in dela& in t%anspo%tin' the 'oods- a nat)%al disaste% shall not f%ee s)ch ca%%ie% f%o( %esponsibilit&. ARTICLE 1401.If the shippe% o% owne% (e%el& cont%ib)ted to the loss- dest%)ction o% dete%io%ation of the 'oods- the p%o/i(ate ca)se the%eof bein' the ne'li'ence of the co((on ca%%ie%- the latte% shall be liable in da(a'es- which howe!e%- shall be e5)itabl& %ed)ced. ARTICLE 140$.E!en if the loss- dest%)ction- o% dete%io%ation of the 'oods sho)ld be ca)sed b& the cha%acte% of the 'oods- o% the fa)lt& nat)%e of the packin' o% of the containe%s- the co((on ca%%ie% ()st e/e%cise d)e dili'ence to fo%estall o% lessen the loss. ARTICLE 140..If th%o)'h the o%de% of p)blic a)tho%it& the 'oods a%e sei,ed o% dest%o&ed- the co((on ca%%ie% is not %esponsible- p%o!ided said p)blic a)tho%it& had powe% to iss)e the o%de%. acd

ARTICLE 1400.A stip)lation between the co((on ca%%ie% and the shippe% o% owne% li(itin' the liabilit& of the fo%(e% fo% the loss- dest%)ction- o% dete%io%ation of the 'oods to a de'%ee less than e/t%ao%dina%& dili'ence shall be !alid- p%o!ided it be> "1#In w%itin'- si'ned b& the shippe% o% owne%< "$#A)ppo%ted b& a !al)able conside%ation othe% than the se%!ice %ende%ed b& the co((on ca%%ie%< and ".#Reasonable- 3)st and not cont%a%& to p)blic polic&. ARTICLE 1401.An& of the followin' o% si(ila% stip)lations shall be conside%ed )n%easonable- )n3)st and cont%a%& to p)blic polic&> "1#That the 'oods a%e t%anspo%ted at the %isk of the owne% o% shippe%< "$#That the co((on ca%%ie% will not be liable fo% an& loss- dest%)ction- o% dete%io%ation of the 'oods< ".#That the co((on ca%%ie% need not obse%!e an& dili'ence in the c)stod& of the 'oods< "0#That the co((on ca%%ie% shall e/e%cise a de'%ee of dili'ence less than that of a 'ood fathe% of a fa(il&- o% of a (an of o%dina%& p%)dence in the !i'ilance o!e% the (o!ables t%anspo%ted< "1#That the co((on ca%%ie% shall not be %esponsible fo% the acts o% o(ission of his o% its e(plo&ees< "2#That the co((on ca%%ie%=s liabilit& fo% acts co((itted b& thie!es- o% of %obbe%s who do not act with '%a!e o% i%%esistible th%eat- !iolence o% fo%ce- is dispensed with o% di(inished< cd i "4#That the co((on ca%%ie% is not %esponsible fo% the loss- dest%)ction- o% dete%io%ation of 'oods on acco)nt of the defecti!e condition of the ca%- !ehicleship- ai%plane o% othe% e5)ip(ent )sed in the cont%act of ca%%ia'e. ARTICLE 1402.An a'%ee(ent li(itin' the co((on ca%%ie%=s liabilit& (a& be ann)lled b& the shippe% o% owne% if the co((on ca%%ie% %ef)sed to ca%%& the 'oods )nless the fo%(e% a'%eed to s)ch stip)lation. ARTICLE 1404.If the co((on ca%%ie%- witho)t 3)st ca)se- dela&s the t%anspo%tation of the 'oods o% chan'es the stip)lated o% )s)al %o)te- the cont%act

li(itin' the co((on ca%%ie%=s liabilit& cannot be a!ailed of in case of the lossdest%)ction- o% dete%io%ation of the 'oods. ARTICLE 1408.An a'%ee(ent li(itin' the co((on ca%%ie%=s liabilit& fo% dela& on acco)nt of st%ikes o% %iots is !alid. ARTICLE 140:.A stip)lation that the co((on ca%%ie%=s liabilit& is li(ited to the !al)e of the 'oods appea%in' in the bill of ladin'- )nless the shippe% o% owne% decla%es a '%eate% !al)e- is bindin'. ARTICLE 141;.A cont%act fi/in' the s)( that (a& be %eco!e%ed b& the owne% o% shippe% fo% the loss- dest%)ction- o% dete%io%ation of the 'oods is !alid- if it is %easonable and 3)st )nde% the ci%c)(stances- and has been fai%l& and f%eel& a'%eed )pon. ARTICLE 1411.The fact that the co((on ca%%ie% has no co(petito% alon' the line o% %o)te- o% a pa%t the%eof- to which the cont%act %efe%s shall be taken into conside%ation on the 5)estion of whethe% o% not a stip)lation li(itin' the co((on ca%%ie%=s liabilit& is %easonable- 3)st and in consonance with p)blic polic&. cd ARTICLE 141$.E!en when the%e is an a'%ee(ent li(itin' the liabilit& of the co((on ca%%ie% in the !i'ilance o!e% the 'oods- the co((on ca%%ie% is disp)tabl& p%es)(ed to ha!e been ne'li'ent in case of thei% loss- dest%)ction o% dete%io%ation. ARTICLE 141..The law of the co)nt%& to which the 'oods a%e to be t%anspo%ted shall 'o!e%n the liabilit& of the co((on ca%%ie% fo% thei% loss- dest%)ction o% dete%io%ation. ARTICLE 1410. The p%o!isions of a%ticles 14.. to 141. shall appl& to the passen'e%=s ba''a'e which is not in his pe%sonal c)stod& o% in that of his e(plo&ee. As to othe% ba''a'e- the %)les in a%ticles 1::8 and $;;; to $;;. conce%nin' the %esponsibilit& of hotel6keepe%s shall be applicable. A@CAECTI*N . Aafet& of Passen'e%s ARTICLE 1411.A co((on ca%%ie% is bo)nd to ca%%& the passen'e%s safel& as fa% as h)(an ca%e and fo%esi'ht can p%o!ide- )sin' the )t(ost dili'ence of !e%& ca)tio)s pe%sons- with a d)e %e'a%d fo% all the ci%c)(stances. ARTICLE 1412.In case of death of o% in3)%ies to passen'e%s- co((on ca%%ie%s a%e p%es)(ed to ha!e been at fa)lt o% to ha!e acted ne'li'entl&- )nless the& p%o!e that the& obse%!ed e/t%ao%dina%& dili'ence as p%esc%ibed in a%ticles 14.. and 1411.

ARTICLE 1414.The %esponsibilit& of a co((on ca%%ie% fo% the safet& of passen'e%s as %e5)i%ed in a%ticles 14.. and 1411 cannot be dispensed with o% lessened b& stip)lation- b& the postin' of notices- b& state(ents on tickets- o% othe%wise. ARTICLE 1418.7hen a passen'e% is ca%%ied '%at)ito)sl&- a stip)lation li(itin' the co((on ca%%ie%=s liabilit& fo% ne'li'ence is !alid- b)t not fo% wilf)l acts o% '%oss ne'li'ence. The %ed)ction of fa%e does not 3)stif& an& li(itation of the co((on ca%%ie%=s liabilit&. ARTICLE 141:.Co((on ca%%ie%s a%e liable fo% the death of o% in3)%ies to passen'e%s th%o)'h the ne'li'ence o% wilf)l acts of the fo%(e%=s e(plo&eesaltho)'h s)ch e(plo&ees (a& ha!e acted be&ond the scope of thei% a)tho%it& o% in !iolation of the o%de%s of the co((on ca%%ie%s. This liabilit& of the co((on ca%%ie%s does not cease )pon p%oof that the& e/e%cised all the dili'ence of a 'ood fathe% of a fa(il& in the selection and s)pe%!ision of thei% e(plo&ees. ARTICLE 142;.The co((on ca%%ie%=s %esponsibilit& p%esc%ibed in the p%ecedin' a%ticle cannot be eli(inated o% li(ited b& stip)lation- b& the postin' of notices- b& state(ents on the tickets o% othe%wise. ARTICLE 1421.The passen'e% ()st obse%!e the dili'ence of a 'ood fathe% of a fa(il& to a!oid in3)%& to hi(self. ARTICLE 142$.The cont%ib)to%& ne'li'ence of the passen'e% does not ba% %eco!e%& of da(a'es fo% his death o% in3)%ies- if the p%o/i(ate ca)se the%eof is the ne'li'ence of the co((on ca%%ie%- b)t the a(o)nt of da(a'es shall be e5)itabl& %ed)ced. ARTICLE 142..A co((on ca%%ie% is %esponsible fo% in3)%ies s)ffe%ed b& a passen'e% on acco)nt of the wilf)l acts o% ne'li'ence of othe% passen'e%s o% of st%an'e%s- if the co((on ca%%ie%=s e(plo&ees th%o)'h the e/e%cise of the dili'ence of a 'ood fathe% of a fa(il& co)ld ha!e p%e!ented o% stopped the act o% o(ission. A@CAECTI*N 0 Co((on P%o!isions ARTICLE 1420.Ea(a'es in cases co(p%ised in this Aection shall be awa%ded in acco%dance with Title F?III of this Cook- conce%nin' Ea(a'es. A%ticle $$;2 shall

also appl& to the death of a passen'e% ca)sed b& the b%each of cont%act b& a co((on ca%%ie%. ARTICLE 1421.The P)blic Ae%!ice Co((ission (a&- on its own (otion o% on petition of an& inte%ested pa%t&- afte% d)e hea%in'- cancel the ce%tificate of p)blic con!enience '%anted to an& co((on ca%%ie% that %epeatedl& fails to co(pl& with his o% its d)t& to obse%!e e/t%ao%dina%& dili'ence as p%esc%ibed in this Aection. casia ARTICLE 1422.In all (atte%s not %e')lated b& this Code- the %i'hts and obli'ations of co((on ca%%ie%s shall be 'o!e%ned b& the Code of Co((e%ce and b& special laws. TITLE IF Pa%tne%ship CHAPTER 1 +ene%al P%o!isions ARTICLE 1424.C& the cont%act of pa%tne%ship two o% (o%e pe%sons bind the(sel!es to cont%ib)te (one&- p%ope%t&- o% ind)st%& to a co((on f)nd- with the intention of di!idin' the p%ofits a(on' the(sel!es. Two o% (o%e pe%sons (a& also fo%( a pa%tne%ship fo% the e/e%cise of a p%ofession. "1221a# ARTICLE 1428.The pa%tne%ship has a 3)%idical pe%sonalit& sepa%ate and distinct f%o( that of each of the pa%tne%s- e!en in case of fail)%e to co(pl& with the %e5)i%e(ents of a%ticle 144$- fi%st pa%a'%aph. "n# cdt ARTICLE 142:.In dete%(inin' whethe% a pa%tne%ship e/ists- these %)les shall appl&> "1#E/cept as p%o!ided b& a%ticle 18$1- pe%sons who a%e not pa%tne%s as to each othe% a%e not pa%tne%s as to thi%d pe%sons< "$#Co6owne%ship o% co6possession does not of itself establish a pa%tne%shipwhethe% s)ch co6owne%s o% co6possesso%s do o% do not sha%e an& p%ofits (ade b& the )se of the p%ope%t&< ".#The sha%in' of '%oss %et)%ns does not of itself establish a pa%tne%ship- whethe% o% not the pe%sons sha%in' the( ha!e a 3oint o% co((on %i'ht o% inte%est in an& p%ope%t& f%o( which the %et)%ns a%e de%i!ed<

"0#The %eceipt b& a pe%son of a sha%e of the p%ofits of a b)siness is p%i(a facie e!idence that he is a pa%tne% in the b)siness- b)t no s)ch infe%ence shall be d%awn if s)ch p%ofits we%e %ecei!ed in pa&(ent> "a#As a debt b& install(ents o% othe%wise< "b#As wa'es of an e(plo&ee o% %ent to a landlo%d< "c#As an ann)it& to a widow o% %ep%esentati!e of a deceased pa%tne%< "d#As inte%est on a loan- tho)'h the a(o)nt of pa&(ent !a%& with the p%ofits of the b)siness< "e#As the conside%ation fo% the sale of a 'oodwill of a b)siness o% othe% p%ope%t& b& install(ents o% othe%wise. "n# acd ARTICLE 144;.A pa%tne%ship ()st ha!e a lawf)l ob3ect o% p)%pose- and ()st be established fo% the co((on benefit o% inte%est of the pa%tne%s. 7hen an )nlawf)l pa%tne%ship is dissol!ed b& a 3)dicial dec%ee- the p%ofits shall be confiscated in fa!o% of the Atate- witho)t p%e3)dice to the p%o!isions of the Penal Code 'o!e%nin' the confiscation of the inst%)(ents and effects of a c%i(e. "1222a# ARTICLE 1441.A pa%tne%ship (a& be constit)ted in an& fo%(- e/cept whe%e i((o!able p%ope%t& o% %eal %i'hts a%e cont%ib)ted the%eto- in which case a p)blic inst%)(ent shall be necessa%&. "1224a# ARTICLE 144$.E!e%& cont%act of pa%tne%ship ha!in' a capital of th%ee tho)sand pesos o% (o%e- in (one& o% p%ope%t&- shall appea% in a p)blic inst%)(ent- which ()st be %eco%ded in the *ffice of the Aec)%ities and E/chan'e Co((ission. Bail)%e to co(pl& with the %e5)i%e(ents of the p%ecedin' pa%a'%aph shall not affect the liabilit& of the pa%tne%ship and the (e(be%s the%eof to thi%d pe%sons. "n# ARTICLE 144..A cont%act of pa%tne%ship is !oid- whene!e% i((o!able p%ope%t& is cont%ib)ted the%eto- if an in!ento%& of said p%ope%t& is not (ade- si'ned b& the pa%ties- and attached to the p)blic inst%)(ent. "1228a# ARTICLE 1440.An& i((o!able p%ope%t& o% an inte%est the%ein (a& be ac5)i%ed in the pa%tne%ship na(e. Title so ac5)i%ed can be con!e&ed onl& in the pa%tne%ship na(e. "n# ARTICLE 1441.Associations and societies- whose a%ticles a%e kept sec%et a(on' the (e(be%s- and whe%ein an& one of the (e(be%s (a& cont%act in his own

na(e with thi%d pe%sons- shall ha!e no 3)%idical pe%sonalit&- and shall be 'o!e%ned b& the p%o!isions %elatin' to co6owne%ship. "122:# cdt

ARTICLE 1442.As to its ob3ect- a pa%tne%ship is eithe% )ni!e%sal o% pa%tic)la%. As %e'a%ds the liabilit& of the pa%tne%s- a pa%tne%ship (a& be 'ene%al o% li(ited. "1241a# ARTICLE 1444.A )ni!e%sal pa%tne%ship (a& %efe% to all the p%esent p%ope%t& o% to all the p%ofits. "124$# ARTICLE 1448.A pa%tne%ship of all p%esent p%ope%t& is that in which the pa%tne%s cont%ib)te all the p%ope%t& which act)all& belon's to the( to a co((on f)nd- with the intention of di!idin' the sa(e a(on' the(sel!es- as well as all the p%ofits which the& (a& ac5)i%e the%ewith. "124.# ARTICLE 144:. In a )ni!e%sal pa%tne%ship of all p%esent p%ope%t&- the p%ope%t& which belon'ed to each of the pa%tne%s at the ti(e of the constit)tion of the pa%tne%ship- beco(es the co((on p%ope%t& of all the pa%tne%s- as well as all the p%ofits which the& (a& ac5)i%e the%ewith. A stip)lation fo% the co((on en3o&(ent of an& othe% p%ofits (a& also be (ade< b)t the p%ope%t& which the pa%tne%s (a& ac5)i%e s)bse5)entl& b& inhe%itancele'ac&- o% donation cannot be incl)ded in s)ch stip)lation- e/cept the f%)its the%eof. "1240a# ARTICLE 148;.A )ni!e%sal pa%tne%ship of p%ofits co(p%ises all that the pa%tne%s (a& ac5)i%e b& thei% ind)st%& o% wo%k d)%in' the e/istence of the pa%tne%ship. Mo!able o% i((o!able p%ope%t& which each of the pa%tne%s (a& possess at the ti(e of the celeb%ation of the cont%act shall contin)e to pe%tain e/cl)si!el& to each- onl& the )s)f%)ct passin' to the pa%tne%ship. "1241# cd i ARTICLE 1481.A%ticles of )ni!e%sal pa%tne%ship- ente%ed into witho)t specification of its nat)%e- onl& constit)te a )ni!e%sal pa%tne%ship of p%ofits. "1242# ARTICLE 148$.Pe%sons who a%e p%ohibited f%o( 'i!in' each othe% an& donation o% ad!anta'e cannot ente% into )ni!e%sal pa%tne%ship. "1244# ARTICLE 148..A pa%tic)la% pa%tne%ship has fo% its ob3ect dete%(inate thin's- thei% )se o% f%)its- o% a specific )nde%takin'- o% the e/e%cise of a p%ofession o% !ocation. "1248# CHAPTER $

*bli'ations of the Pa%tne%s AECTI*N 1 *bli'ations of the Pa%tne%s A(on' The(sel!es ARTICLE 1480.A pa%tne%ship be'ins f%o( the (o(ent of the e/ec)tion of the cont%act- )nless it is othe%wise stip)lated. "124:# ARTICLE 1481.7hen a pa%tne%ship fo% a fi/ed te%( o% pa%tic)la% )nde%takin' is contin)ed afte% the te%(ination of s)ch te%( o% pa%tic)la% )nde%takin' witho)t an& e/p%ess a'%ee(ent- the %i'hts and d)ties of the pa%tne%s %e(ain the sa(e as the& we%e at s)ch te%(ination- so fa% as is consistent with a pa%tne%ship at will. A contin)ation of the b)siness b& the pa%tne%s o% s)ch of the( as habit)all& acted the%ein d)%in' the te%(- witho)t an& settle(ent o% li5)idation of the pa%tne%ship affai%s- is p%i(a facie e!idence of a contin)ation of the pa%tne%ship. "n# aisa dc ARTICLE 1482.E!e%& pa%tne% is a debto% of the pa%tne%ship fo% whate!e% he (a& ha!e p%o(ised to cont%ib)te the%eto. He shall also be bo)nd fo% wa%%ant& in case of e!iction with %e'a%d to specific and dete%(inate thin's which he (a& ha!e cont%ib)ted to the pa%tne%ship- in the sa(e cases and in the sa(e (anne% as the !endo% is bo)nd with %espect to the !endee. He shall also be liable fo% the f%)its the%eof f%o( the ti(e the& sho)ld ha!e been deli!e%ed- witho)t the need of an& de(and. "1281a# ARTICLE 1484.7hen the capital o% a pa%t the%eof which a pa%tne% is bo)nd to cont%ib)te consists of 'oods- thei% app%aisal ()st be (ade in the (anne% p%esc%ibed in the cont%act of pa%tne%ship- and in the absence of stip)lation- it shall be (ade b& e/pe%ts chosen b& the pa%tne%s- and acco%din' to c)%%ent p%ices- the s)bse5)ent chan'es the%eof bein' fo% the acco)nt of the pa%tne%ship. "n# ARTICLE 1488.A pa%tne% who has )nde%taken to cont%ib)te a s)( of (one& and fails to do so beco(es a debto% fo% the inte%est and da(a'es f%o( the ti(e he sho)ld ha!e co(plied with his obli'ation. The sa(e %)le applies to an& a(o)nt he (a& ha!e taken f%o( the pa%tne%ship coffe%s- and his liabilit& shall be'in f%o( the ti(e he con!e%ted the a(o)nt to his own )se. "128$# ARTICLE 148:.An ind)st%ial pa%tne% cannot en'a'e in b)siness fo% hi(self)nless the pa%tne%ship e/p%essl& pe%(its hi( to do so< and if he sho)ld do so- the capitalist pa%tne%s (a& eithe% e/cl)de hi( f%o( the fi%( o% a!ail the(sel!es of the

benefits which he (a& ha!e obtained in !iolation of this p%o!ision- with a %i'ht to da(a'es in eithe% case. "n# cda ARTICLE 14:;.@nless the%e is a stip)lation to the cont%a%&- the pa%tne%s shall cont%ib)te e5)al sha%es to the capital of the pa%tne%ship. "n# ARTICLE 14:1.If the%e is no a'%ee(ent to the cont%a%&- in case of an i((inent loss of the b)siness of the pa%tne%ship- an& pa%tne% who %ef)ses to cont%ib)te an additional sha%e to the capital- e/cept an ind)st%ial pa%tne%- to sa!e the !ent)%eshall be obli'ed to sell his inte%est to the othe% pa%tne%s. "n# ARTICLE 14:$.If a pa%tne% a)tho%i,ed to (ana'e collects a de(andable s)(which was owed to hi( in his own na(e- f%o( a pe%son who owed the pa%tne%ship anothe% s)( also de(andable- the s)( th)s collected shall be applied to the two c%edits in p%opo%tion to thei% a(o)nts- e!en tho)'h he (a& ha!e 'i!en a %eceipt fo% his own c%edit onl&< b)t sho)ld he ha!e 'i!en it fo% the acco)nt of the pa%tne%ship c%edit- the a(o)nt shall be f)ll& applied to the latte%. The p%o!isions of this a%ticle a%e )nde%stood to be witho)t p%e3)dice to the %i'ht '%anted to the debto% b& a%ticle 1$1$- b)t onl& if the pe%sonal c%edit of the pa%tne% sho)ld be (o%e one%o)s to hi(. "1280# ARTICLE 14:..A pa%tne% who has %ecei!ed- in whole o% in pa%t- his sha%e of a pa%tne%ship c%edit- when the othe% pa%tne%s ha!e not collected thei%s- shall be obli'ed- if the debto% sho)ld the%eafte% beco(e insol!ent- to b%in' to the pa%tne%ship capital what he %ecei!ed e!en tho)'h he (a& ha!e 'i!en %eceipt fo% his sha%e onl&. "1281a# ARTICLE 14:0.E!e%& pa%tne% is %esponsible to the pa%tne%ship fo% da(a'es s)ffe%ed b& it th%o)'h his fa)lt- and he cannot co(pensate the( with the p%ofits and benefits which he (a& ha!e ea%ned fo% the pa%tne%ship b& his ind)st%&. Howe!e%- the co)%ts (a& e5)itabl& lessen this %esponsibilit& if th%o)'h the pa%tne%=s e/t%ao%dina%& effo%ts in othe% acti!ities of the pa%tne%ship- )n)s)al p%ofits ha!e been %eali,ed. "1282a# ARTICLE 14:1.The %isk of specific and dete%(inate thin's- which a%e not f)n'ible- cont%ib)ted to the pa%tne%ship so that onl& thei% )se and f%)its (a& be fo% the co((on benefit- shall be bo%ne b& the pa%tne% who owns the(. cd If the thin's cont%ib)te a%e f)n'ible- o% cannot be kept witho)t dete%io%atin'- o% if the& we%e cont%ib)ted to be sold- the %isk shall be bo%ne b& the pa%tne%ship. In the absence of stip)lation- the %isk of thin's b%o)'ht and app%aised in the in!ento%&shall also be bo%ne b& the pa%tne%ship- and in s)ch case the clai( shall be li(ited to the !al)e at which the& we%e app%aised. "1284#

ARTICLE 14:2.The pa%tne%ship shall be %esponsible to e!e%& pa%tne% fo% the a(o)nts he (a& ha!e disb)%sed on behalf of the pa%tne%ship and fo% the co%%espondin' inte%est- f%o( the ti(e the e/penses a%e (ade< it shall also answe% to each pa%tne% fo% the obli'ations he (a& ha!e cont%acted in 'ood faith in the inte%est of the pa%tne%ship b)siness- and fo% %isks in conse5)ence of its (ana'e(ent. "1288a# ARTICLE 14:4.The losses and p%ofits shall be dist%ib)ted in confo%(it& with the a'%ee(ent. If onl& the sha%e of each pa%tne% in the p%ofits has been a'%eed )ponthe sha%e of each in the losses shall be in the sa(e p%opo%tion. In the absence of stip)lation- the sha%e of each pa%tne% in the p%ofits and losses shall be in p%opo%tion to what he (a& ha!e cont%ib)ted- b)t the ind)st%ial pa%tne% shall not be liable fo% the losses. As fo% the p%ofits- the ind)st%ial pa%tne% shall %ecei!e s)ch sha%e as (a& be 3)st and e5)itable )nde% the ci%c)(stances. If besides his se%!ices he has cont%ib)ted capital- he shall also %ecei!e a sha%e in the p%ofits in p%opo%tion to his capital. "128:a# ARTICLE 14:8.If the pa%tne%s ha!e a'%eed to int%)st to a thi%d pe%son the desi'nation of the sha%e of each one in the p%ofits and losses- s)ch desi'nation (a& be i(p)'ned onl& when it is (anifestl& ine5)itable. In no case (a& a pa%tne% who has be')n to e/ec)te the decision of the thi%d pe%son- o% who has not i(p)'ned the sa(e within a pe%iod of th%ee (onths f%o( the ti(e he had knowled'e the%eof- co(plain of s)ch decision. cdtai The desi'nation of losses and p%ofits cannot be int%)sted to one of the pa%tne%s. "12:;# ARTICLE 14::.A stip)lation which e/cl)des one o% (o%e pa%tne%s f%o( an& sha%e in the p%ofits o% losses is !oid. "12:1# ARTICLE 18;;.The pa%tne% who has been appointed (ana'e% in the a%ticles of pa%tne%ship (a& e/ec)te all acts of ad(inist%ation despite the opposition of his pa%tne%s- )nless he sho)ld act in bad faith< and his powe% is i%%e!ocable witho)t 3)st o% lawf)l ca)se. The !ote of the pa%tne%s %ep%esentin' the cont%ollin' inte%est shall be necessa%& fo% s)ch %e!ocation of powe%. A powe% '%anted afte% the pa%tne%ship has been constit)ted (a& be %e!oked at an& ti(e. "12:$a# ARTICLE 18;1.If two o% (o%e pa%tne%s ha!e been int%)sted with the (ana'e(ent of the pa%tne%ship witho)t specification of thei% %especti!e d)ties- o% witho)t a stip)lation that one of the( shall not act witho)t the consent of all the othe%seach one (a& sepa%atel& e/ec)te all acts of ad(inist%ation- b)t if an& of the( sho)ld oppose the acts of the othe%s- the decision of the (a3o%it& shall p%e!ail. In

case of a tie- the (atte% shall be decided b& the pa%tne%s ownin' the cont%ollin' inte%est. "12:.a# ARTICLE 18;$.In case it sho)ld ha!e been stip)lated that none of the (ana'in' pa%tne%s shall act witho)t the consent of the othe%s- the conc)%%ence of all shall be necessa%& fo% the !alidit& of the acts- and the absence o% disabilit& of an& one of the( cannot be alle'ed- )nless the%e is i((inent dan'e% of '%a!e o% i%%epa%able in3)%& to the pa%tne%ship. "12:0# cd ARTICLE 18;..7hen the (anne% of (ana'e(ent has not been a'%eed )ponthe followin' %)les shall be obse%!ed>

"1#All the pa%tne%s shall be conside%ed a'ents and whate!e% an& one of the( (a& do alone shall bind the pa%tne%ship- witho)t p%e3)dice to the p%o!isions of a%ticle 18;1. "$#None of the pa%tne%s (a&- witho)t the consent of the othe%s- (ake an& i(po%tant alte%ation in the i((o!able p%ope%t& of the pa%tne%ship- e!en if it (a& be )sef)l to the pa%tne%ship. C)t if the %ef)sal of consent b& the othe% pa%tne%s is (anifestl& p%e3)dicial to the inte%est of the pa%tne%ship- the co)%t=s inte%!ention (a& be so)'ht. "12:1a# ARTICLE 18;0. E!e%& pa%tne% (a& associate anothe% pe%son with hi( in his sha%e- b)t the associate shall not be ad(itted into the pa%tne%ship witho)t the consent of all the othe% pa%tne%s- e!en if the pa%tne% ha!in' an associate sho)ld be a (ana'e%. "12:2# ARTICLE 18;1.The pa%tne%ship books shall be kept- s)b3ect to an& a'%ee(ent between the pa%tne%s- at the p%incipal place of b)siness of the pa%tne%ship- and e!e%& pa%tne% shall at an& %easonable ho)% ha!e access to and (a& inspect and cop& an& of the(. "n# ARTICLE 18;2.Pa%tne%s shall %ende% on de(and t%)e and f)ll info%(ation of all thin's affectin' the pa%tne%ship to an& pa%tne% o% the le'al %ep%esentati!e of an& deceased pa%tne% o% of an& pa%tne% )nde% le'al disabilit&. "n# cd ARTICLE 18;4.E!e%& pa%tne% ()st acco)nt to the pa%tne%ship fo% an& benefitand hold as t%)stee fo% it an& p%ofits de%i!ed b& hi( witho)t the consent of the othe% pa%tne%s f%o( an& t%ansaction connected with the fo%(ation- cond)ct- o% li5)idation of the pa%tne%ship o% f%o( an& )se b& hi( of its p%ope%t&. "n#

ARTICLE 18;8.The capitalist pa%tne%s cannot en'a'e fo% thei% own acco)nt in an& ope%ation which is of the kind of b)siness in which the pa%tne%ship is en'a'ed- )nless the%e is a stip)lation to the cont%a%&. An& capitalist pa%tne% !iolatin' this p%ohibition shall b%in' to the co((on f)nds an& p%ofits acc%)in' to hi( f%o( his t%ansactions- and shall pe%sonall& bea% all the losses. "n# ARTICLE 18;:.An& pa%tne% shall ha!e the %i'ht to a fo%(al acco)nt as to pa%tne%ship affai%s> "1#If he is w%on'f)ll& e/cl)ded f%o( the pa%tne%ship b)siness o% possession of its p%ope%t& b& his co6pa%tne%s< "$#If the %i'ht e/ists )nde% the te%(s of an& a'%ee(ent< ".#As p%o!ided b& a%ticle 18;4< "0#7hene!e% othe% ci%c)(stances %ende% it 3)st and %easonable. "n# AECTI*N $ P%ope%t& Ri'hts of a Pa%tne% ARTICLE 181;.The p%ope%t& %i'hts of a pa%tne% a%e> "1#His %i'hts in specific pa%tne%ship p%ope%t&< cdt "$#His inte%est in the pa%tne%ship< and ".#His %i'ht to pa%ticipate in the (ana'e(ent "n# ARTICLE 1811.A pa%tne% is co6owne% with his pa%tne%s of specific pa%tne%ship p%ope%t&. The incidents of this co6owne%ship a%e s)ch that> "1#A pa%tne%- s)b3ect to the p%o!isions of this Title and to an& a'%ee(ent between the pa%tne%s- has an e5)al %i'ht with his pa%tne%s to possess specific pa%tne%ship p%ope%t& fo% pa%tne%ship p)%poses< b)t he has no %i'ht to possess s)ch p%ope%t& fo% an& othe% p)%pose witho)t the consent of his pa%tne%s< "$#A pa%tne%=s %i'ht in specific pa%tne%ship p%ope%t& is not assi'nable e/cept in connection with the assi'n(ent of %i'hts of all the pa%tne%s in the sa(e p%ope%t&<

".#A pa%tne%=s %i'ht in specific pa%tne%ship p%ope%t& is not s)b3ect to attach(ent o% e/ec)tion- e/cept on a clai( a'ainst the pa%tne%ship. 7hen pa%tne%ship p%ope%t& is attached fo% a pa%tne%ship debt the pa%tne%s- o% an& of the(- o% the %ep%esentati!es of a deceased pa%tne%- cannot clai( an& %i'ht )nde% the ho(estead o% e/e(ption laws< "0#A pa%tne%=s %i'ht in specific pa%tne%ship p%ope%t& is not s)b3ect to le'al s)ppo%t )nde% a%ticle $:1. "n# ARTICLE 181$.A pa%tne%=s inte%est in the pa%tne%ship is his sha%e of the p%ofits and s)%pl)s. "n# aisa dc ARTICLE 181..A con!e&ance b& a pa%tne% of his whole inte%est in the pa%tne%ship does not of itself dissol!e the pa%tne%ship- o%- as a'ainst the othe% pa%tne%s in the absence of a'%ee(ent- entitle the assi'nee- d)%in' the contin)ance of the pa%tne%ship- to inte%fe%e in the (ana'e(ent o% ad(inist%ation of the pa%tne%ship b)siness o% affai%s- o% to %e5)i%e an& info%(ation o% acco)nt of pa%tne%ship t%ansactions- o% to inspect the pa%tne%ship books< b)t it (e%el& entitles the assi'nee to %ecei!e in acco%dance with his cont%act the p%ofits to which the assi'nin' pa%tne% wo)ld othe%wise be entitled. Howe!e%- in case of f%a)d in the (ana'e(ent of the pa%tne%ship- the assi'nee (a& a!ail hi(self of the )s)al %e(edies. In case of a dissol)tion of the pa%tne%ship- the assi'nee is entitled to %ecei!e his assi'no%=s inte%est and (a& %e5)i%e an acco)nt f%o( the date onl& of the last acco)nt a'%eed to b& all the pa%tne%s. "n# ARTICLE 1810.7itho)t p%e3)dice to the p%efe%%ed %i'hts of pa%tne%ship c%edito%s )nde% a%ticle 18$4- on d)e application to a co(petent co)%t b& an& 3)d'(ent c%edito% of a pa%tne%- the co)%t which ente%ed the 3)d'(ent- o% an& othe% co)%t(a& cha%'e the inte%est of the debto% pa%tne% with pa&(ent of the )nsatisfied a(o)nt of s)ch 3)d'(ent debt with inte%est the%eon< and (a& then o% late% appoint a %ecei!e% of his sha%e of the p%ofits- and of an& othe% (one& d)e o% to fall d)e to hi( in %espect of the pa%tne%ship- and (ake all othe% o%de%s- di%ectionsacco)nts and in5)i%ies which the debto% pa%tne% (i'ht ha!e (ade- o% which the ci%c)(stances of the case (a& %e5)i%e. The inte%est cha%'ed (a& be %edee(ed at an& ti(e befo%e fo%eclos)%e- o% in case of a sale bein' di%ected b& the co)%t- (a& be p)%chased witho)t the%eb& ca)sin' a dissol)tion> "1#7ith sepa%ate p%ope%t&- b& an& one o% (o%e of the pa%tne%s< o% "$#7ith pa%tne%ship p%ope%t&- b& an& one o% (o%e of the pa%tne%s with the consent of all the pa%tne%s whose inte%ests a%e not so cha%'ed o% sold.

Nothin' in this Title shall be held to dep%i!e a pa%tne% of his %i'ht- if an&- )nde% the e/e(ption laws- as %e'a%ds his inte%est in the pa%tne%ship. "n# cd i AECTI*N . *bli'ations of the Pa%tne%s with Re'a%d to Thi%d Pe%sons ARTICLE 1811.E!e%& pa%tne%ship shall ope%ate )nde% a fi%( na(e- which (a& o% (a& not incl)de the na(e of one o% (o%e of the pa%tne%s. Those who- not bein' (e(be%s of the pa%tne%ship- incl)de thei% na(es in the fi%( na(e- shall be s)b3ect to the liabilit& of a pa%tne%. "n# ARTICLE 1812.All pa%tne%s- incl)din' ind)st%ial ones- shall be liable p%o %ata with all thei% p%ope%t& and afte% all the pa%tne%ship assets ha!e been e/ha)sted- fo% the cont%acts which (a& be ente%ed into in the na(e and fo% the acco)nt of the pa%tne%ship- )nde% its si'nat)%e and b& a pe%son a)tho%i,ed to act fo% the pa%tne%ship. Howe!e%- an& pa%tne% (a& ente% into a sepa%ate obli'ation to pe%fo%( a pa%tne%ship cont%act. "n# ARTICLE 1814.An& stip)lation a'ainst the liabilit& laid down in the p%ecedin' a%ticle shall be !oid- e/cept as a(on' the pa%tne%s. "n# ARTICLE 1818.E!e%& pa%tne% is an a'ent of the pa%tne%ship fo% the p)%pose of its b)siness- and the act of e!e%& pa%tne%- incl)din' the e/ec)tion in the pa%tne%ship na(e of an& inst%)(ent- fo% appa%entl& ca%%&in' on in the )s)al wa& the b)siness of the pa%tne%ship of which he is a (e(be% binds the pa%tne%ship- )nless the pa%tne% so actin' has in fact no a)tho%it& to act fo% the pa%tne%ship in the pa%tic)la% (atte%- and the pe%son with who( he is dealin' has knowled'e of the fact that he has no s)ch a)tho%it&. An act of a pa%tne% which is not appa%entl& fo% the ca%%&in' on of b)siness of the pa%tne%ship in the )s)al wa& does not bind the pa%tne%ship )nless a)tho%i,ed b& the othe% pa%tne%s. acd E/cept when a)tho%i,ed b& the othe% pa%tne%s o% )nless the& ha!e abandoned the b)siness- one o% (o%e b)t less than all the pa%tne%s ha!e no a)tho%it& to> "1#Assi'n the pa%tne%ship p%ope%t& in t%)st fo% c%edito%s o% on the assi'nee=s p%o(ise to pa& the debts of the pa%tne%ship< "$#Eispose of the 'ood6will of the b)siness< ".#Eo an& othe% act which wo)ld (ake it i(possible to ca%%& on the o%dina%& b)siness of a pa%tne%ship<

"0#Confess a 3)d'(ent< "1#Ente% into a co(p%o(ise conce%nin' a pa%tne%ship clai( o% liabilit&< "2#A)b(it a pa%tne%ship clai( o% liabilit& to a%bit%ation< "4#Reno)nce a clai( of the pa%tne%ship. No act of a pa%tne% in cont%a!ention of a %est%iction on a)tho%it& shall bind the pa%tne%ship to pe%sons ha!in' knowled'e of the %est%iction. "n# ARTICLE 181:.7he%e title to %eal p%ope%t& is in the pa%tne%ship na(e- an& pa%tne% (a& con!e& title to s)ch p%ope%t& b& a con!e&ance e/ec)ted in the pa%tne%ship na(e< b)t the pa%tne%ship (a& %eco!e% s)ch p%ope%t& )nless the pa%tne%=s act binds the pa%tne%ship )nde% the p%o!isions of the fi%st pa%a'%aph of a%ticle 1818- o% )nless s)ch p%ope%t& has been con!e&ed b& the '%antee o% a pe%son clai(in' th%o)'h s)ch '%antee to a holde% fo% !al)e witho)t knowled'e that the pa%tne%- in (akin' the con!e&ance- has e/ceeded his a)tho%it&. cdasia 7he%e title to %eal p%ope%t& is in the na(e of the pa%tne%ship- a con!e&ance e/ec)ted b& a pa%tne%- in his own na(e- passes the e5)itable inte%est of the pa%tne%ship- p%o!ided the act is one within the a)tho%it& of the pa%tne% )nde% the p%o!isions of the fi%st pa%a'%aph of a%ticle 1818. 7he%e title to %eal p%ope%t& is in the na(e of one o% (o%e b)t not all the pa%tne%sand the %eco%d does not disclose the %i'ht of the pa%tne%ship- the pa%tne%s in whose na(e the title stands (a& con!e& title to s)ch p%ope%t&- b)t the pa%tne%ship (a& %eco!e% s)ch p%ope%t& if the pa%tne%s= act does not bind the pa%tne%ship )nde% the p%o!isions of the fi%st pa%a'%aph of a%ticle 1818- )nless the p)%chase% o% his assi'nee- is a holde% fo% !al)e- witho)t knowled'e. 7he%e the title to %eal p%ope%t& is in the na(e of one o% (o%e o% all the pa%tne%so% in a thi%d pe%son in t%)st fo% the pa%tne%ship- a con!e&ance e/ec)ted b& a pa%tne% in the pa%tne%ship na(e- o% in his own na(e- passes the e5)itable inte%est of the pa%tne%ship- p%o!ided the act is one within the a)tho%it& of the pa%tne% )nde% the p%o!isions of the fi%st pa%a'%aph of a%ticle 1818. 7he%e the title to %eal p%ope%t& is in the na(es of all the pa%tne%s a con!e&ance e/ec)ted b& all the pa%tne%s passes all thei% %i'hts in s)ch p%ope%t&. "n#

ARTICLE 18$;.An ad(ission o% %ep%esentation (ade b& an& pa%tne% conce%nin' pa%tne%ship affai%s within the scope of his a)tho%it& in acco%dance with this Title is e!idence a'ainst the pa%tne%ship. "n# cdtai

ARTICLE 18$1.Notice to an& pa%tne% of an& (atte% %elatin' to pa%tne%ship affai%sand the knowled'e of the pa%tne% actin' in the pa%tic)la% (atte%- ac5)i%ed while a pa%tne% o% then p%esent to his (ind- and the knowled'e of an& othe% pa%tne% who %easonabl& co)ld and sho)ld ha!e co(()nicated it to the actin' pa%tne%- ope%ate as notice to o% knowled'e of the pa%tne%ship- e/cept in the case of a f%a)d on the pa%tne%ship- co((itted b& o% with the consent of that pa%tne%. "n# ARTICLE 18$$.7he%e- b& an& w%on'f)l act o% o(ission of an& pa%tne% actin' in the o%dina%& co)%se of the b)siness of the pa%tne%ship o% with the a)tho%it& of his co6pa%tne%s- loss o% in3)%& is ca)sed to an& pe%son- not bein' a pa%tne% in the pa%tne%ship- o% an& penalt& is inc)%%ed- the pa%tne%ship is liable the%efo% to the sa(e e/tent as the pa%tne% so actin' o% o(ittin' to act. "n# ARTICLE 18$..The pa%tne%ship is bo)nd to (ake 'ood the loss> cdt "1#7he%e one pa%tne% actin' within the scope of his appa%ent a)tho%it& %ecei!es (one& o% p%ope%t& of a thi%d pe%son and (isapplies it< and "$#7he%e the pa%tne%ship in the co)%se of its b)siness %ecei!es (one& o% p%ope%t& of a thi%d pe%son and the (one& o% p%ope%t& so %ecei!ed is (isapplied b& an& pa%tne% while it is in the c)stod& of the pa%tne%ship. "n# ARTICLE 18$0.All pa%tne%s a%e liable solida%il& with the pa%tne%ship fo% e!e%&thin' cha%'eable to the pa%tne%ship )nde% a%ticles 18$$ and 18$.. "n# ARTICLE 18$1.7hen a pe%son- b& wo%ds spoken o% w%itten o% b& cond)ct%ep%esents hi(self- o% consents to anothe% %ep%esentin' hi( to an&one- as a pa%tne% in an e/istin' pa%tne%ship o% with one o% (o%e pe%sons not act)al pa%tne%s- he is liable to an& s)ch pe%sons to who( s)ch %ep%esentation has been (ade- who has- on the faith of s)ch %ep%esentation- 'i!en c%edit to the act)al o% appa%ent pa%tne%ship- and if he has (ade s)ch %ep%esentation o% consented to its bein' (ade in a p)blic (anne% he is liable to s)ch pe%son- whethe% the %ep%esentation has o% has not been (ade o% co(()nicated to s)ch pe%son so 'i!in' c%edit b& o% with the knowled'e of the appa%ent pa%tne% (akin' the %ep%esentation o% consentin' to its bein' (ade> cda "1#7hen a pa%tne%ship liabilit& %es)lts- he is liable as tho)'h he we%e an act)al (e(be% of the pa%tne%ship< "$#7hen no pa%tne%ship liabilit& %es)lts- he is liable p%o %ata with the othe% pe%sons- if an&- so consentin' to the cont%act o% %ep%esentation as to inc)% liabilit&- othe%wise sepa%atel&. 7hen a pe%son has been th)s %ep%esented to be a pa%tne% in an e/istin' pa%tne%ship- o% with one o% (o%e pe%sons not act)al pa%tne%s- he is an a'ent of the pe%sons consentin' to s)ch %ep%esentation to bind the( to the sa(e e/tent

and in the sa(e (anne% as tho)'h he we%e a pa%tne% in fact- with %espect to pe%sons who %el& )pon the %ep%esentation. 7hen all the (e(be%s of the e/istin' pa%tne%ship consent to the %ep%esentation- a pa%tne%ship act o% obli'ation %es)lts< b)t in all othe% cases it is the 3oint act o% obli'ation of the pe%son actin' and the pe%sons consentin' to the %ep%esentation. "n# cd ARTICLE 18$2.A pe%son ad(itted as a pa%tne% into an e/istin' pa%tne%ship is liable fo% all the obli'ations of the pa%tne%ship a%isin' befo%e his ad(ission as tho)'h he had been a pa%tne% when s)ch obli'ations we%e inc)%%ed- e/cept that this liabilit& shall be satisfied onl& o)t of pa%tne%ship p%ope%t&- )nless the%e is a stip)lation to the cont%a%&. "n# ARTICLE 18$4.The c%edito%s of the pa%tne%ship shall be p%efe%%ed to those of each pa%tne% as %e'a%ds the pa%tne%ship p%ope%t&. 7itho)t p%e3)dice to this %i'htthe p%i!ate c%edito%s of each pa%tne% (a& ask the attach(ent and p)blic sale of the sha%e of the latte% in the pa%tne%ship assets. "n# cd i CHAPTER . Eissol)tion and 7indin' @p ARTICLE 18$8.The dissol)tion of a pa%tne%ship is the chan'e in the %elation of the pa%tne%s ca)sed b& an& pa%tne% ceasin' to be associated in the ca%%&in' on as distin')ished f%o( the windin' )p of the b)siness. "n# ARTICLE 18$:.*n dissol)tion the pa%tne%ship is not te%(inated- b)t contin)es )ntil the windin' )p of pa%tne%ship affai%s is co(pleted. "n# cdtai ARTICLE 18.;.Eissol)tion is ca)sed> "1#7itho)t !iolation of the a'%ee(ent between the pa%tne%s> "a# C& the te%(ination of the definite te%( o% pa%tic)la% )nde%takin' specified in the a'%ee(ent< "b# C& the e/p%ess will of an& pa%tne%- who ()st act in 'ood faith- when no definite te%( o% pa%tic)la% )nde%takin' is specified< "c#C& the e/p%ess will of all the pa%tne%s who ha!e not assi'ned thei% inte%ests o% s)ffe%ed the( to be cha%'ed fo% thei% sepa%ate debts- eithe% befo%e o% afte% the te%(ination of an& specified te%( o% pa%tic)la% )nde%takin'< "d# C& the e/p)lsion of an& pa%tne% f%o( the b)siness bona fide in acco%dance with s)ch a powe% confe%%ed b& the a'%ee(ent between the pa%tne%s<

"$#In cont%a!ention of the a'%ee(ent between the pa%tne%s- whe%e the ci%c)(stances do not pe%(it a dissol)tion )nde% an& othe% p%o!ision of this a%ticle- b& the e/p%ess will of an& pa%tne% at an& ti(e< ".#C& an& e!ent which (akes it )nlawf)l fo% the b)siness of the pa%tne%ship to be ca%%ied on o% fo% the (e(be%s to ca%%& it on in pa%tne%ship< "0#7hen a specific thin'- which a pa%tne% had p%o(ised to cont%ib)te to the pa%tne%ship- pe%ishes befo%e the deli!e%&< in an& case b& the loss of the thin'when the pa%tne% who cont%ib)ted it ha!in' %ese%!ed the owne%ship the%eof- has onl& t%ansfe%%ed to the pa%tne%ship the )se o% en3o&(ent of the sa(e< b)t the pa%tne%ship shall not be dissol!ed b& the loss of the thin' when it occ)%s afte% the pa%tne%ship has ac5)i%ed the owne%ship the%eof< cd "1#C& the death of an& pa%tne%< "2#C& the insol!enc& of an& pa%tne% o% of the pa%tne%ship< "4#C& the ci!il inte%diction of an& pa%tne%< "8#C& dec%ee of co)%t )nde% the followin' a%ticle. "14;;a and 14;1a# ARTICLE 18.1.*n application b& o% fo% a pa%tne% the co)%t shall dec%ee a dissol)tion whene!e%> "1#A pa%tne% has been decla%ed insane in an& 3)dicial p%oceedin' o% is shown to be of )nso)nd (ind< "$#A pa%tne% beco(es in an& othe% wa& incapable of pe%fo%(in' his pa%t of the pa%tne%ship cont%act< ".#A pa%tne% has been ')ilt& of s)ch cond)ct as tends to affect p%e3)diciall& the ca%%&in' on of the b)siness< "0#A pa%tne% wilf)ll& o% pe%sistentl& co((its a b%each of the pa%tne%ship a'%ee(ent- o% othe%wise so cond)cts hi(self in (atte%s %elatin' to the pa%tne%ship b)siness that it is not %easonabl& p%acticable to ca%%& on the b)siness in pa%tne%ship with hi(< cda "1#The b)siness of the pa%tne%ship can onl& be ca%%ied on at a loss< "2#*the% ci%c)(stances %ende% a dissol)tion e5)itable. *n the application of the p)%chase% of a pa%tne%=s inte%est )nde% a%ticle 181. o% 1810>

"1#Afte% the te%(ination of the specified te%( o% pa%tic)la% )nde%takin'< "$#At an& ti(e if the pa%tne%ship was a pa%tne%ship at will when the inte%est was assi'ned o% when the cha%'in' o%de% was iss)ed. "n# ARTICLE 18.$.E/cept so fa% as (a& be necessa%& to wind )p pa%tne%ship affai%s o% to co(plete t%ansactions be')n b)t not then finished- dissol)tion te%(inates all a)tho%it& of an& pa%tne% to act fo% the pa%tne%ship> "1#7ith %espect to the pa%tne%s"a# 7hen the dissol)tion is not b& the act- insol!enc& o% death of a pa%tne%< o% "b# 7hen the dissol)tion is b& s)ch act- insol!enc& o% death of a pa%tne%- in cases whe%e a%ticle 18.. so %e5)i%es< "$# 7ith %espect to pe%sons not pa%tne%s- as decla%ed in a%ticle 18.0. "n# ARTICLE 18...7he%e the dissol)tion is ca)sed b& the act- death o% insol!enc& of a pa%tne%- each pa%tne% is liable to his co6pa%tne%s fo% his sha%e of an& liabilit& c%eated b& an& pa%tne% actin' fo% the pa%tne%ship as if the pa%tne%ship had not been dissol!ed )nless> "1#The dissol)tion bein' b& act of an& pa%tne%- the pa%tne% actin' fo% the pa%tne%ship had knowled'e of the dissol)tion< o% cda "$#The dissol)tion bein' b& the death o% insol!enc& of a pa%tne%- the pa%tne% actin' fo% the pa%tne%ship had knowled'e o% notice of the death o% insol!enc&. ARTICLE 18.0.Afte% dissol)tion- a pa%tne% can bind the pa%tne%ship- e/cept as p%o!ided in the thi%d pa%a'%aph of this a%ticle> "1#C& an& act app%op%iate fo% windin' )p pa%tne%ship affai%s o% co(pletin' t%ansactions )nfinished at dissol)tion< "$#C& an& t%ansaction which wo)ld bind the pa%tne%ship if dissol)tion had not taken place- p%o!ided the othe% pa%t& to the t%ansaction> "a#Had e/tended c%edit to the pa%tne%ship p%io% to dissol)tion and had no knowled'e o% notice of the dissol)tion< o% "b# Tho)'h he had not so e/tended c%edit- had ne!e%theless known of the pa%tne%ship p%io% to dissol)tion- and- ha!in' no knowled'e o% notice of dissol)tion- the fact of dissol)tion had not been ad!e%tised in a newspape% of 'ene%al ci%c)lation in the place "o% in each place if (o%e than one# at which the pa%tne%ship b)siness was %e')la%l& ca%%ied on.

The liabilit& of a pa%tne% )nde% the fi%st pa%a'%aph- No. $- shall be satisfied o)t of pa%tne%ship assets alone when s)ch pa%tne% had been p%io% to dissol)tion> "1#@nknown as a pa%tne% to the pe%son with who( the cont%act is (ade< and "$#Ao fa% )nknown and inacti!e in pa%tne%ship affai%s that the b)siness %ep)tation of the pa%tne%ship co)ld not be said to ha!e been in an& de'%ee d)e to his connection with it. cda The pa%tne%ship is in no case bo)nd b& an& act of a pa%tne% afte% dissol)tion> "1#7he%e the pa%tne%ship is dissol!ed beca)se it is )nlawf)l to ca%%& on the b)siness- )nless the act is app%op%iate fo% windin' )p pa%tne%ship affai%s< o% "$#7he%e the pa%tne% has beco(e insol!ent< o% ".#7he%e the pa%tne% has no a)tho%it& to wind )p pa%tne%ship affai%s< e/cept b& a t%ansaction with one who H "a# Had e/tended c%edit to the pa%tne%ship p%io% to dissol)tion and had no knowled'e o% notice of his want of a)tho%it&< o%

"b# Had not e/tended c%edit to the pa%tne%ship p%io% to dissol)tion- and- ha!in' no knowled'e o% notice of his want of a)tho%it&- the fact of his want of a)tho%it& has not been ad!e%tised in the (anne% p%o!ided fo% ad!e%tisin' the fact of dissol)tion in the fi%st pa%a'%aph- No. $ "b#. Nothin' in this a%ticle shall affect the liabilit& )nde% a%ticle 18$1 of an& pe%son who afte% dissol)tion %ep%esents hi(self o% consents to anothe% %ep%esentin' hi( as a pa%tne% in a pa%tne%ship en'a'ed in ca%%&in' on b)siness. "n# ARTICLE 18.1.The dissol)tion of the pa%tne%ship does not of itself discha%'e the e/istin' liabilit& of an& pa%tne%. A pa%tne% is discha%'ed f%o( an& e/istin' liabilit& )pon dissol)tion of the pa%tne%ship b& an a'%ee(ent to that effect between hi(self- the pa%tne%ship c%edito% and the pe%son o% pa%tne%ship contin)in' the b)siness< and s)ch a'%ee(ent (a& be infe%%ed f%o( the co)%se of dealin' between the c%edito% ha!in' knowled'e of the dissol)tion and the pe%son o% pa%tne%ship contin)in' the b)siness. cdtai

The indi!id)al p%ope%t& of a deceased pa%tne% shall be liable fo% all obli'ations of the pa%tne%ship inc)%%ed while he was a pa%tne%- b)t s)b3ect to the p%io% pa&(ent of his sepa%ate debts. "n# ARTICLE 18.2.@nless othe%wise a'%eed- the pa%tne%s who ha!e not w%on'f)ll& dissol!ed the pa%tne%ship o% the le'al %ep%esentati!e of the last s)%!i!in' pa%tne%not insol!ent- has the %i'ht to wind )p the pa%tne%ship affai%s- p%o!ided- howe!e%that an& pa%tne%- his le'al %ep%esentati!e o% his assi'nee- )pon ca)se shown(a& obtain windin' )p b& the co)%t. "n# ARTICLE 18.4.7hen dissol)tion is ca)sed in an& wa&- e/cept in cont%a!ention of the pa%tne%ship a'%ee(ent- each pa%tne%- as a'ainst his co6pa%tne%s and all pe%sons clai(in' th%o)'h the( in %espect of thei% inte%ests in the pa%tne%ship)nless othe%wise a'%eed- (a& ha!e the pa%tne%ship p%ope%t& applied to discha%'e its liabilities- and the s)%pl)s applied to pa& in cash the net a(o)nt owin' to the %especti!e pa%tne%s. C)t if dissol)tion is ca)sed b& e/p)lsion of a pa%tne%- bona fide )nde% the pa%tne%ship a'%ee(ent and if the e/pelled pa%tne% is discha%'ed f%o( all pa%tne%ship liabilities- eithe% b& pa&(ent o% a'%ee(ent )nde% the second pa%a'%aph of a%ticle 18.1- he shall %ecei!e in cash onl& the net a(o)nt d)e hi( f%o( the pa%tne%ship. 7hen dissol)tion is ca)sed in cont%a!ention of the pa%tne%ship a'%ee(ent the %i'hts of the pa%tne%s shall be as follows> "1#Each pa%tne% who has not ca)sed dissol)tion w%on'f)ll& shall ha!e> "a#All the %i'hts specified in the fi%st pa%a'%aph of this a%ticle- and "b#The %i'ht- as a'ainst each pa%tne% who has ca)sed the dissol)tion w%on'f)ll&to da(a'es fo% b%each of the a'%ee(ent. cdasia "$#The pa%tne%s who ha!e not ca)sed the dissol)tion w%on'f)ll&- if the& all desi%e to contin)e the b)siness in the sa(e na(e eithe% b& the(sel!es o% 3ointl& with othe%s- (a& do so- d)%in' the a'%eed te%( fo% the pa%tne%ship and fo% that p)%pose (a& possess the pa%tne%ship p%ope%t&- p%o!ided the& sec)%e the pa&(ent b& bond app%o!ed b& the co)%t- o% pa& an& pa%tne% who has ca)sed the dissol)tion w%on'f)ll&- the !al)e of his inte%est in the pa%tne%ship at the dissol)tion- less an& da(a'es %eco!e%able )nde% the second pa%a'%aph- No. 1 "b# of this a%ticle- and in like (anne% inde(nif& hi( a'ainst all p%esent o% f)t)%e pa%tne%ship liabilities. ".#A pa%tne% who has ca)sed the dissol)tion w%on'f)ll& shall ha!e> "a#If the b)siness is not contin)ed )nde% the p%o!isions of the second pa%a'%aphNo. $- all the %i'hts of a pa%tne% )nde% the fi%st pa%a'%aph- s)b3ect to liabilit& fo% da(a'es in the second pa%a'%aph- No. 1 "b#- of this a%ticle.

"b#If the b)siness is contin)ed )nde% the second pa%a'%aph- No. $- of this a%ticlethe %i'ht as a'ainst his co6pa%tne%s and all clai(in' th%o)'h the( in %espect of thei% inte%ests in the pa%tne%ship- to ha!e the !al)e of his inte%est in the pa%tne%ship- less an& da(a'e ca)sed to his co6pa%tne%s b& the dissol)tionasce%tained and paid to hi( in cash- o% the pa&(ent sec)%ed b& a bond app%o!ed b& the co)%t- and to be %eleased f%o( all e/istin' liabilities of the pa%tne%ship< b)t in asce%tainin' the !al)e of the pa%tne%=s inte%est the !al)e of the 'ood6will of the b)siness shall not be conside%ed. "n# ARTICLE 18.8.7he%e a pa%tne%ship cont%act is %escinded on the '%o)nd of the f%a)d o% (is%ep%esentation of one of the pa%ties the%eto- the pa%t& entitled to %escind is- witho)t p%e3)dice to an& othe% %i'ht- entitled> acd "1#To a lien on- o% %i'ht of %etention of- the s)%pl)s of the pa%tne%ship p%ope%t& afte% satisf&in' the pa%tne%ship liabilities to thi%d pe%sons fo% an& s)( of (one& paid b& hi( fo% the p)%chase of an inte%est in the pa%tne%ship and fo% an& capital o% ad!ances cont%ib)ted b& hi(< "$#To stand- afte% all liabilities to thi%d pe%sons ha!e been satisfied- in the place of the c%edito%s of the pa%tne%ship fo% an& pa&(ents (ade b& hi( in %espect of the pa%tne%ship liabilities< and ".#To be inde(nified b& the pe%son ')ilt& of the f%a)d o% (akin' the %ep%esentation a'ainst all debts and liabilities of the pa%tne%ship. "n# ARTICLE 18.:.In settlin' acco)nts between the pa%tne%s afte% dissol)tion- the followin' %)les shall be obse%!ed- s)b3ect to an& a'%ee(ent to the cont%a%&> "1#The assets of the pa%tne%ship a%e> "a#The pa%tne%ship p%ope%t&"b# The cont%ib)tions of the pa%tne%s necessa%& fo% the pa&(ent of all the liabilities specified in No. $. "$#The liabilities of the pa%tne%ship shall %ank in o%de% of pa&(ent- as follows> "a#Those owin' to c%edito%s othe% than pa%tne%s"b#Those owin' to pa%tne%s othe% than fo% capital and p%ofits"c#Those owin' to pa%tne%s in %espect of capital- cda "d#Those owin' to pa%tne%s in %espect of p%ofits.

".#The assets shall be applied in the o%de% of thei% decla%ation in No. 1 of this a%ticle to the satisfaction of the liabilities. "0#The pa%tne%s shall cont%ib)te- as p%o!ided b& a%ticle 14:4- the a(o)nt necessa%& to satisf& the liabilities. "1#An assi'nee fo% the benefit of c%edito%s o% an& pe%son appointed b& the co)%t shall ha!e the %i'ht to enfo%ce the cont%ib)tions specified in the p%ecedin' n)(be%. "2#An& pa%tne% o% his le'al %ep%esentati!e shall ha!e the %i'ht to enfo%ce the cont%ib)tions specified in No. 0- to the e/tent of the a(o)nt which he has paid in e/cess of his sha%e of the liabilit&. "4#The indi!id)al p%ope%t& of a deceased pa%tne% shall be liable fo% the cont%ib)tions specified in No. 0. "8#7hen pa%tne%ship p%ope%t& and the indi!id)al p%ope%ties of the pa%tne%s a%e in possession of a co)%t fo% dist%ib)tion- pa%tne%ship c%edito%s shall ha!e p%io%it& on pa%tne%ship p%ope%t& and sepa%ate c%edito%s on indi!id)al p%ope%t&- sa!in' the %i'hts of lien o% sec)%ed c%edito%s. ":#7he%e a pa%tne% has beco(e insol!ent o% his estate is insol!ent- the clai(s a'ainst his sepa%ate p%ope%t& shall %ank in the followin' o%de%> "a#Those owin' to sepa%ate c%edito%s< "b#Those owin' to pa%tne%ship c%edito%s< acd "c#Those owin' to pa%tne%s b& wa& of cont%ib)tion. "n# ARTICLE 180;.In the followin' cases c%edito%s of the dissol!ed pa%tne%ship a%e also c%edito%s of the pe%son o% pa%tne%ship contin)in' the b)siness> "1#7hen an& new pa%tne% is ad(itted into an e/istin' pa%tne%ship- o% when an& pa%tne% %eti%es and assi'ns "o% the %ep%esentati!e of the deceased pa%tne% assi'ns# his %i'hts in pa%tne%ship p%ope%t& to two o% (o%e of the pa%tne%s- o% to one o% (o%e of the pa%tne%s and one o% (o%e thi%d pe%sons- if the b)siness is contin)ed witho)t li5)idation of the pa%tne%ship affai%s< "$#7hen all b)t one pa%tne% %eti%e and assi'n "o% the %ep%esentati!e of a deceased pa%tne% assi'ns# thei% %i'hts in pa%tne%ship p%ope%t& to the %e(ainin' pa%tne%- who contin)es the b)siness witho)t li5)idation of pa%tne%ship affai%seithe% alone o% with othe%s< cd

".#7hen an& pa%tne% %eti%es o% dies and the b)siness of the dissol!ed pa%tne%ship is contin)ed as set fo%th in Nos. 1 and $ of this a%ticle- with the consent of the %eti%ed pa%tne%s o% the %ep%esentati!e of the deceased pa%tne%- b)t witho)t an& assi'n(ent of his %i'ht in pa%tne%ship p%ope%t&< "0#7hen all the pa%tne%s o% thei% %ep%esentati!es assi'n thei% %i'hts in pa%tne%ship p%ope%t& to one o% (o%e thi%d pe%sons who p%o(ise to pa& the debts and who contin)e the b)siness of the dissol!ed pa%tne%ship< "1#7hen an& pa%tne% w%on'f)ll& ca)ses a dissol)tion and the %e(ainin' pa%tne%s contin)e the b)siness )nde% the p%o!isions of a%ticle 18.4- second pa%a'%aphNo. $- eithe% alone o% with othe%s- and witho)t li5)idation of the pa%tne%ship affai%s< "2#7hen a pa%tne% is e/pelled and the %e(ainin' pa%tne%s contin)e the b)siness eithe% alone o% with othe%s witho)t li5)idation of the pa%tne%ship affai%s. The liabilit& of a thi%d pe%son beco(in' a pa%tne% in the pa%tne%ship contin)in' the b)siness- )nde% this a%ticle- to the c%edito%s of the dissol!ed pa%tne%ship shall be satisfied o)t of the pa%tne%ship p%ope%t& onl&- )nless the%e is a stip)lation to the cont%a%&. 7hen the b)siness of a pa%tne%ship afte% dissol)tion is contin)ed )nde% an& conditions set fo%th in this a%ticle the c%edito%s of the dissol!ed pa%tne%ship- as a'ainst the sepa%ate c%edito%s of the %eti%in' o% deceased pa%tne% o% the %ep%esentati!e of the deceased pa%tne%- ha!e a p%io% %i'ht to an& clai( of the %eti%ed pa%tne% o% the %ep%esentati!e of the deceased pa%tne% a'ainst the pe%son o% pa%tne%ship contin)in' the b)siness- on acco)nt of the %eti%ed o% deceased pa%tne%=s inte%est in the dissol!ed pa%tne%ship o% on acco)nt of an& conside%ation p%o(ised fo% s)ch inte%est o% fo% his %i'ht in pa%tne%ship p%ope%t&. cd Nothin' in this a%ticle shall be held to (odif& an& %i'ht of c%edito%s to set aside an& assi'n(ent on the '%o)nd of f%a)d. The )se b& the pe%son o% pa%tne%ship contin)in' the b)siness of the pa%tne%ship na(e- o% the na(e of a deceased pa%tne% as pa%t the%eof- shall not of itself (ake the indi!id)al p%ope%t& of the deceased pa%tne% liable fo% an& debts cont%acted b& s)ch pe%son o% pa%tne%ship. "n#

ARTICLE 1801.7hen an& pa%tne% %eti%es o% dies- and the b)siness is contin)ed )nde% an& of the conditions set fo%th in the p%ecedin' a%ticle- o% in a%ticle 18.4second pa%a'%aph- No. $- witho)t an& settle(ent of acco)nts as between hi( o% his estate and the pe%son o% pa%tne%ship contin)in' the b)siness- )nless othe%wise a'%eed- he o% his le'al %ep%esentati!e as a'ainst s)ch pe%son o%

pa%tne%ship (a& ha!e the !al)e of his inte%est at the date of dissol)tion asce%tained- and shall %ecei!e as an o%dina%& c%edito% an a(o)nt e5)al to the !al)e of his inte%est in the dissol!ed pa%tne%ship with inte%est- o%- at his option o% at the option of his le'al %ep%esentati!e- in lie) of inte%est- the p%ofits att%ib)table to the )se of his %i'ht in the p%ope%t& of the dissol!ed pa%tne%ship< p%o!ided that the c%edito%s of the dissol!ed pa%tne%ship as a'ainst the sepa%ate c%edito%s- o% the %ep%esentati!e of the %eti%ed o% deceased pa%tne%- shall ha!e p%io%it& on an& clai( a%isin' )nde% this a%ticle- as p%o!ided b& a%ticle 180;- thi%d pa%a'%aph. "n# ARTICLE 180$.The %i'ht to an acco)nt of his inte%est shall acc%)e to an& pa%tne%o% his le'al %ep%esentati!e as a'ainst the windin' )p pa%tne%s o% the s)%!i!in' pa%tne%s o% the pe%son o% pa%tne%ship contin)in' the b)siness- at the date of dissol)tion- in the absence of an& a'%ee(ent to the cont%a%&. "n# casia CHAPTER 0 Li(ited Pa%tne%ship "n# ARTICLE 180..A li(ited pa%tne%ship is one fo%(ed b& two o% (o%e pe%sons )nde% the p%o!isions of the followin' a%ticle- ha!in' as (e(be%s one o% (o%e 'ene%al pa%tne%s and one o% (o%e li(ited pa%tne%s. The li(ited pa%tne%s as s)ch shall not be bo)nd b& the obli'ations of the pa%tne%ship. ARTICLE 1800.Two o% (o%e pe%sons desi%in' to fo%( a li(ited pa%tne%ship shall> "1#Ai'n and swea% to a ce%tificate- which shall state H "a#The na(e of the pa%tne%ship- addin' the%eto the wo%d Li(ited < "b#The cha%acte% of the b)siness< "c#The location of the p%incipal place of b)siness< cd i "d#The na(e and place of %esidence of each (e(be%- 'ene%al and li(ited pa%tne%s bein' %especti!el& desi'nated< "e#The te%( fo% which the pa%tne%ship is to e/ist< "f#The a(o)nt of cash and a desc%iption of and the a'%eed !al)e of the othe% p%ope%t& cont%ib)ted b& each li(ited pa%tne%< "'#The additional cont%ib)tions- if an&- to be (ade b& each li(ited pa%tne% and the ti(es at which o% e!ents on the happenin' of which the& shall be (ade< "h#The ti(e- if a'%eed )pon- when the cont%ib)tion of each li(ited pa%tne% is to be %et)%ned<

"i#The sha%e of the p%ofits o% the othe% co(pensation b& wa& of inco(e which each li(ited pa%tne% shall %ecei!e b& %eason of his cont%ib)tion< "3#The %i'ht- if 'i!en- of a li(ited pa%tne% to s)bstit)te an assi'nee as cont%ib)to% in his place- and the te%(s and conditions of the s)bstit)tion< "k#The %i'ht- if 'i!en- of the pa%tne%s to ad(it additional li(ited pa%tne%s< "l#The %i'ht- if 'i!en- of one o% (o%e of the li(ited pa%tne%s to p%io%it& o!e% othe% li(ited pa%tne%s- as to cont%ib)tions o% as to co(pensation b& wa& of inco(e- and the nat)%e of s)ch p%io%it&< "(#The %i'ht- if 'i!en- of the %e(ainin' 'ene%al pa%tne% o% pa%tne%s to contin)e the b)siness on the death- %eti%e(ent- ci!il inte%diction- insanit& o% insol!enc& of a 'ene%al pa%tne%< and acd "n# The %i'ht- if 'i!en- of a li(ited pa%tne% to de(and and %ecei!e p%ope%t& othe% than cash in %et)%n fo% his cont%ib)tion. "$#Bile fo% %eco%d the ce%tificate in the *ffice of the Aec)%ities and E/chan'e Co((ission. A li(ited pa%tne%ship is fo%(ed if the%e has been s)bstantial co(pliance in 'ood faith with the fo%e'oin' %e5)i%e(ents. ARTICLE 1801.The cont%ib)tions of a li(ited pa%tne% (a& be cash o% p%ope%t&b)t not se%!ices. ARTICLE 1802.The s)%na(e of a li(ited pa%tne% shall not appea% in the pa%tne%ship na(e )nless> "1#It is also the s)%na(e of a 'ene%al pa%tne%- o% "$#P%io% to the ti(e when the li(ited pa%tne% beca(e s)ch- the b)siness had been ca%%ied on )nde% a na(e in which his s)%na(e appea%ed. A li(ited pa%tne% whose s)%na(e appea%s in a pa%tne%ship na(e cont%a%& to the p%o!isions of the fi%st pa%a'%aph is liable as a 'ene%al pa%tne% to pa%tne%ship c%edito%s who e/tend c%edit to the pa%tne%ship witho)t act)al knowled'e that he is not a 'ene%al pa%tne%. ARTICLE 1804.If the ce%tificate contains a false state(ent- one who s)ffe%s loss b& %eliance on s)ch state(ent (a& hold liable an& pa%t& to the ce%tificate who knew the state(ent to be false> cdt

"1#At the ti(e he si'ned the ce%tificate- o% "$#A)bse5)entl&- b)t within a s)fficient ti(e befo%e the state(ent was %elied )pon to enable hi( to cancel o% a(end the ce%tificate- o% to file a petition fo% its cancellation o% a(end(ent as p%o!ided in a%ticle 1821. ARTICLE 1808.A li(ited pa%tne% shall not beco(e liable as a 'ene%al pa%tne% )nless- in addition to the e/e%cise of his %i'hts and powe%s as a li(ited pa%tne%he takes pa%t in the cont%ol of the b)siness. ARTICLE 180:.Afte% the fo%(ation of a li(ited pa%tne%ship- additional li(ited pa%tne%s (a& be ad(itted )pon filin' an a(end(ent to the o%i'inal ce%tificate in acco%dance with the %e5)i%e(ents of a%ticle 1821. acd ARTICLE 181;.A 'ene%al pa%tne% shall ha!e all the %i'hts and powe%s and be s)b3ect to all the %est%ictions and liabilities of a pa%tne% in a pa%tne%ship witho)t li(ited pa%tne%s. Howe!e%- witho)t the w%itten consent o% %atification of the specific act b& all the li(ited pa%tne%s- a 'ene%al pa%tne% o% all of the 'ene%al pa%tne%s ha!e no a)tho%it& to> "1#Eo an& act in cont%a!ention of the ce%tificate< "$#Eo an& act which wo)ld (ake it i(possible to ca%%& on the o%dina%& b)siness of the pa%tne%ship< ".#Confess a 3)d'(ent a'ainst the pa%tne%ship< "0#Possess pa%tne%ship p%ope%t&- o% assi'n thei% %i'hts in specific pa%tne%ship p%ope%t&- fo% othe% than a pa%tne%ship p)%pose< "1#Ad(it a pe%son as a 'ene%al pa%tne%< cd i "2#Ad(it a pe%son as a li(ited pa%tne%- )nless the %i'ht so to do is 'i!en in the ce%tificate< "4#Contin)e the b)siness with pa%tne%ship p%ope%t& on the death- %eti%e(entinsanit&- ci!il inte%diction o% insol!enc& of a 'ene%al pa%tne%- )nless the %i'ht so to do is 'i!en in the ce%tificate. ARTICLE 1811.A li(ited pa%tne% shall ha!e the sa(e %i'hts as a 'ene%al pa%tne% to> "1#Ha!e the pa%tne%ship books kept at the p%incipal place of b)siness of the pa%tne%ship- and at a %easonable ho)% to inspect and cop& an& of the(<

"$#Ha!e on de(and t%)e and f)ll info%(ation of all thin's affectin' the pa%tne%ship- and a fo%(al acco)nt of pa%tne%ship affai%s whene!e% ci%c)(stances %ende% it 3)st and %easonable< and ".#Ha!e dissol)tion and windin' )p b& dec%ee of co)%t. A li(ited pa%tne% shall ha!e the %i'ht to %ecei!e a sha%e of the p%ofits o% othe% co(pensation b& wa& of inco(e- and to the %et)%n of his cont%ib)tion as p%o!ided in a%ticles 1812 and 1814. ARTICLE 181$.7itho)t p%e3)dice to the p%o!isions of a%ticle 1808- a pe%son who has cont%ib)ted to the capital of a b)siness cond)cted b& a pe%son o% pa%tne%ship e%%oneo)sl& belie!in' that he has beco(e a li(ited pa%tne% in a li(ited pa%tne%ship- is not- b& %eason of his e/e%cise of the %i'hts of a li(ited pa%tne%- a 'ene%al pa%tne% with the pe%son o% in the pa%tne%ship ca%%&in' on the b)siness- o% bo)nd b& the obli'ations of s)ch pe%son o% pa%tne%ship< p%o!ided that on asce%tainin' the (istake he p%o(ptl& %eno)nces his inte%est in the p%ofits of the b)siness- o% othe% co(pensation b& wa& of inco(e. cdt ARTICLE 181..A pe%son (a& be a 'ene%al pa%tne% and a li(ited pa%tne% in the sa(e pa%tne%ship at the sa(e ti(e- p%o!ided that this fact shall be stated in the ce%tificate p%o!ided fo% in a%ticle 1800. A pe%son who is a 'ene%al- and also at the sa(e ti(e a li(ited pa%tne%- shall ha!e all the %i'hts and powe%s and be s)b3ect to all the %est%ictions of a 'ene%al pa%tne%< e/cept that- in %espect to his cont%ib)tion- he shall ha!e the %i'hts a'ainst the othe% (e(be%s which he wo)ld ha!e had if he we%e not also a 'ene%al pa%tne%. ARTICLE 1810.A li(ited pa%tne% also (a& loan (one& to and t%ansact othe% b)siness with the pa%tne%ship- and- )nless he is also a 'ene%al pa%tne%- %ecei!e on acco)nt of %es)ltin' clai(s a'ainst the pa%tne%ship- with 'ene%al c%edito%s- a p%o %ata sha%e of the assets. No li(ited pa%tne% shall in %espect to an& s)ch clai(> "1#Recei!e o% hold as collate%al sec)%it& an& pa%tne%ship p%ope%t&- o% "$#Recei!e f%o( a 'ene%al pa%tne% o% the pa%tne%ship an& pa&(ent- con!e&anceo% %elease f%o( liabilit&- if at the ti(e the assets of the pa%tne%ship a%e not s)fficient to discha%'e pa%tne%ship liabilities to pe%sons not clai(in' as 'ene%al o% li(ited pa%tne%s. The %ecei!in' of collate%al sec)%it&- o% pa&(ent- con!e&ance- o% %elease in !iolation of the fo%e'oin' p%o!isions is a f%a)d on the c%edito%s of the pa%tne%ship. ARTICLE 1811.7he%e the%e a%e se!e%al li(ited pa%tne%s the (e(be%s (a& a'%ee that one o% (o%e of the li(ited pa%tne%s shall ha!e a p%io%it& o!e% othe% li(ited

pa%tne%s as to the %et)%n of thei% cont%ib)tions- as to thei% co(pensation b& wa& of inco(e- o% as to an& othe% (atte%. If s)ch an a'%ee(ent is (ade it shall be stated in the ce%tificate- and in the absence of s)ch a state(ent all the li(ited pa%tne%s shall stand )pon e5)al footin'. ARTICLE 1812.A li(ited pa%tne% (a& %ecei!e f%o( the pa%tne%ship the sha%e of the p%ofits o% the co(pensation b& wa& of inco(e stip)lated fo% in the ce%tificate< p%o!ided- that afte% s)ch pa&(ent is (ade- whethe% f%o( the p%ope%t& of the pa%tne%ship o% that of a 'ene%al pa%tne%- the pa%tne%ship assets a%e in e/cess of all liabilities of the pa%tne%ship e/cept liabilities to li(ited pa%tne%s on acco)nt of thei% cont%ib)tions and to 'ene%al pa%tne%s. acd ARTICLE 1814.A li(ited pa%tne% shall not %ecei!e f%o( a 'ene%al pa%tne% o% o)t of pa%tne%ship p%ope%t& an& pa%t of his cont%ib)tions )ntil> "1#All liabilities of the pa%tne%ship- e/cept liabilities to 'ene%al pa%tne%s and to li(ited pa%tne%s on acco)nt of thei% cont%ib)tions- ha!e been paid o% the%e %e(ains p%ope%t& of the pa%tne%ship s)fficient to pa& the(<

"$#The consent of all (e(be%s is had- )nless the %et)%n of the cont%ib)tion (a& be %i'htf)ll& de(anded )nde% the p%o!isions of the second pa%a'%aph< and ".#The ce%tificate is cancelled o% so a(ended as to set fo%th the withd%awal o% %ed)ction. A)b3ect to the p%o!isions of the fi%st pa%a'%aph- a li(ited pa%tne% (a& %i'htf)ll& de(and the %et)%n of his cont%ib)tion> "1#*n the dissol)tion of a pa%tne%ship- o% "$#7hen the date specified in the ce%tificate fo% its %et)%n has a%%i!ed- o% ".#Afte% he has 'i!en si/ (onths= notice in w%itin' to all othe% (e(be%s- if no ti(e is specified in the ce%tificate- eithe% fo% the %et)%n of the cont%ib)tion o% fo% the dissol)tion of the pa%tne%ship. cda In the absence of an& state(ent in the ce%tificate to the cont%a%& o% the consent of all (e(be%s- a li(ited pa%tne%- i%%especti!e of the nat)%e of his cont%ib)tion- has onl& the %i'ht to de(and and %ecei!e cash in %et)%n fo% his cont%ib)tion. A li(ited pa%tne% (a& ha!e the pa%tne%ship dissol!ed and its affai%s wo)nd )p when>

"1#He %i'htf)ll& b)t )ns)ccessf)ll& de(ands the %et)%n of his cont%ib)tion- o% aisa dc "$#The othe% liabilities of the pa%tne%ship ha!e not been paid- o% the pa%tne%ship p%ope%t& is ins)fficient fo% thei% pa&(ent as %e5)i%ed b& the fi%st pa%a'%aph- No. 1and the li(ited pa%tne% wo)ld othe%wise be entitled to the %et)%n of his cont%ib)tion. ARTICLE 1818.A li(ited pa%tne% is liable to the pa%tne%ship> "1#Bo% the diffe%ence between his cont%ib)tion as act)all& (ade and that stated in the ce%tificate as ha!in' been (ade- and "$#Bo% an& )npaid cont%ib)tion which he a'%eed in the ce%tificate to (ake in the f)t)%e at the ti(e and on the conditions stated in the ce%tificate. A li(ited pa%tne% holds as t%)stee fo% the pa%tne%ship> "1#Apecific p%ope%t& stated in the ce%tificate as cont%ib)ted b& hi(- b)t which was not cont%ib)ted o% which has been w%on'f)ll& %et)%ned- and "$#Mone& o% othe% p%ope%t& w%on'f)ll& paid o% con!e&ed to hi( on acco)nt of his cont%ib)tion. The liabilities of a li(ited pa%tne% as set fo%th in this a%ticle can be wai!ed o% co(p%o(ised onl& b& the consent of all (e(be%s< b)t a wai!e% o% co(p%o(ise shall not affect the %i'ht of a c%edito% of a pa%tne%ship who e/tended c%edit o% whose clai( a%ose afte% the filin' and befo%e a cancellation o% a(end(ent of the ce%tificate- to enfo%ce s)ch liabilities. 7hen a cont%ib)to% has %i'htf)ll& %ecei!ed the %et)%n in whole o% in pa%t of the capital of his cont%ib)tion- he is ne!e%theless liable to the pa%tne%ship fo% an& s)(- not in e/cess of s)ch %et)%n with inte%est- necessa%& to discha%'e its liabilities to all c%edito%s who e/tended c%edit o% whose clai(s a%ose befo%e s)ch %et)%n. acd ARTICLE 181:.A li(ited pa%tne%=s inte%est is assi'nable. A s)bstit)ted li(ited pa%tne% is a pe%son ad(itted to all the %i'hts of a li(ited pa%tne% who has died o% has assi'ned his inte%est in a pa%tne%ship. An assi'nee- who does not beco(e a s)bstit)ted li(ited pa%tne%- has no %i'ht to %e5)i%e an& info%(ation o% acco)nt of the pa%tne%ship t%ansactions o% to inspect the pa%tne%ship books< he is onl& entitled to %ecei!e the sha%e of the p%ofits o% othe% co(pensation b& wa& of inco(e- o% the %et)%n of his cont%ib)tion- to which his assi'no% wo)ld othe%wise be entitled.

An assi'nee shall ha!e the %i'ht to beco(e a s)bstit)ted li(ited pa%tne% if all the (e(be%s consent the%eto o% if the assi'no%- bein' the%e)nto e(powe%ed b& the ce%tificate- 'i!es the assi'nee that %i'ht. An assi'nee beco(es a s)bstit)ted li(ited pa%tne% when the ce%tificate is app%op%iatel& a(ended in acco%dance with a%ticle 1821. The s)bstit)ted li(ited pa%tne% has all the %i'hts and powe%s- and is s)b3ect to all the %est%ictions and liabilities of his assi'no%- e/cept those liabilities of which he was i'no%ant at the ti(e he beca(e a li(ited pa%tne% and which co)ld not be asce%tained f%o( the ce%tificate. The s)bstit)tion of the assi'nee as a li(ited pa%tne% does not %elease the assi'no% f%o( liabilit& to the pa%tne%ship )nde% a%ticles 1804 and 1818. ARTICLE 182;.The %eti%e(ent- death- insol!enc&- insanit& o% ci!il inte%diction of a 'ene%al pa%tne% dissol!es the pa%tne%ship- )nless the b)siness is contin)ed b& the %e(ainin' 'ene%al pa%tne%s> cd "1#@nde% a %i'ht so to do stated in the ce%tificate- o% "$#7ith the consent of all (e(be%s. ARTICLE 1821.*n the death of a li(ited pa%tne% his e/ec)to% o% ad(inist%ato% shall ha!e all the %i'hts of a li(ited pa%tne% fo% the p)%pose of settlin' his estateand s)ch powe% as the deceased had to constit)te his assi'nee a s)bstit)ted li(ited pa%tne%. The estate of a deceased li(ited pa%tne% shall be liable fo% all his liabilities as a li(ited pa%tne%. ARTICLE 182$.*n d)e application to a co)%t of co(petent 3)%isdiction b& an& c%edito% of a li(ited pa%tne%- the co)%t (a& cha%'e the inte%est of the indebted li(ited pa%tne% with pa&(ent of the )nsatisfied a(o)nt of s)ch clai(- and (a& appoint a %ecei!e%- and (ake all othe% o%de%s- di%ections- and in5)i%ies which the ci%c)(stances of the case (a& %e5)i%e. The inte%est (a& be %edee(ed with the sepa%ate p%ope%t& of an& 'ene%al pa%tne%b)t (a& not be %edee(ed with pa%tne%ship p%ope%t&. The %e(edies confe%%ed b& the fi%st pa%a'%aph shall not be dee(ed e/cl)si!e of othe%s which (a& e/ist. Nothin' in this Chapte% shall be held to dep%i!e a li(ited pa%tne% of his stat)to%& e/e(ption.

ARTICLE 182..In settlin' acco)nts afte% dissol)tion the liabilities of the pa%tne%ship shall be entitled to pa&(ent in the followin' o%de%> aisa dc "1#Those to c%edito%s- in the o%de% of p%io%it& as p%o!ided b& law- e/cept those to li(ited pa%tne%s on acco)nt of thei% cont%ib)tions- and to 'ene%al pa%tne%s< "$#Those to li(ited pa%tne%s in %espect to thei% sha%e of the p%ofits and othe% co(pensation b& wa& of inco(e on thei% cont%ib)tions< ".#Those to li(ited pa%tne%s in %espect to the capital of thei% cont%ib)tions< "0#Those to 'ene%al pa%tne%s othe% than fo% capital and p%ofits< "1#Those to 'ene%al pa%tne%s in %espect to p%ofits< "2#Those to 'ene%al pa%tne%s in %espect to capital. A)b3ect to an& state(ent in the ce%tificate o% to s)bse5)ent a'%ee(ent- li(ited pa%tne%s sha%e in the pa%tne%ship assets in %espect to thei% clai(s fo% capital- and in %espect to thei% clai(s fo% p%ofits o% fo% co(pensation b& wa& of inco(e on thei% cont%ib)tion %especti!el&- in p%opo%tion to the %especti!e a(o)nts of s)ch clai(s. ARTICLE 1820.The ce%tificate shall be cancelled when the pa%tne%ship is dissol!ed o% all li(ited pa%tne%s cease to be s)ch. A ce%tificate shall be a(ended when> "1#The%e is a chan'e in the na(e of the pa%tne%ship o% in the a(o)nt o% cha%acte% of the cont%ib)tion of an& li(ited pa%tne%< "$#A pe%son is s)bstit)ted as a li(ited pa%tne%< cdasia ".#An additional li(ited pa%tne% is ad(itted< "0#A pe%son is ad(itted as a 'ene%al pa%tne%< "1#A 'ene%al pa%tne% %eti%es- dies- beco(es insol!ent o% insane- o% is sentenced to ci!il inte%diction and the b)siness is contin)ed )nde% a%ticle 182;< "2#The%e is a chan'e in the cha%acte% of the b)siness of the pa%tne%ship< "4#The%e is a false o% e%%oneo)s state(ent in the ce%tificate< "8#The%e is a chan'e in the ti(e as stated in the ce%tificate fo% the dissol)tion of the pa%tne%ship o% fo% the %et)%n of a cont%ib)tion<

":#A ti(e is fi/ed fo% the dissol)tion of the pa%tne%ship- o% the %et)%n of a cont%ib)tion- no ti(e ha!in' been specified in the ce%tificate- o% "1;#The (e(be%s desi%e to (ake a chan'e in an& othe% state(ent in the ce%tificate in o%de% that it shall acc)%atel& %ep%esent the a'%ee(ent a(on' the(. ARTICLE 1821.The w%itin' to a(end a ce%tificate shall> "1#Confo%( to the %e5)i%e(ents of a%ticle 1800 as fa% as necessa%& to set fo%th clea%l& the chan'e in the ce%tificate which it is desi%ed to (ake< and "$#Ce si'ned and swo%n to b& all (e(be%s- and an a(end(ent s)bstit)tin' a li(ited pa%tne% o% addin' a li(ited o% 'ene%al pa%tne% shall be si'ned also b& the (e(be% to be s)bstit)ted o% added- and when a li(ited pa%tne% is to be s)bstit)ted- the a(end(ent shall also be si'ned b& the assi'nin' li(ited pa%tne%. aisa dc The w%itin' to cancel a ce%tificate shall be si'ned b& all (e(be%s. A pe%son desi%in' the cancellation o% a(end(ent of a ce%tificate- if an& pe%son desi'nated in the fi%st and second pa%a'%aphs as a pe%son who ()st e/ec)te the w%itin' %ef)ses to do so- (a& petition the co)%t to o%de% a cancellation o% a(end(ent the%eof. If the co)%t finds that the petitione% has a %i'ht to ha!e the w%itin' e/ec)ted b& a pe%son who %ef)ses to do so- it shall o%de% the *ffice of the Aec)%ities and E/chan'e Co((ission whe%e the ce%tificate is %eco%ded to %eco%d the cancellation o% a(end(ent of the ce%tificate< and when the ce%tificate is to be a(ended- the co)%t shall also ca)se to be filed fo% %eco%d in said office a ce%tified cop& of its dec%ee settin' fo%th the a(end(ent. A ce%tificate is a(ended o% cancelled when the%e is filed fo% %eco%d in the *ffice of the Aec)%ities and E/chan'e Co((ission- whe%e the ce%tificate is %eco%ded> "1#A w%itin' in acco%dance with the p%o!isions of the fi%st o% second pa%a'%aph- o% "$#A ce%tified cop& of the o%de% of co)%t in acco%dance with the p%o!isions of the fo)%th pa%a'%aph< ".#Afte% the ce%tificate is d)l& a(ended in acco%dance with this a%ticle- the a(ended ce%tificate shall the%eafte% be fo% all p)%poses the ce%tificate p%o!ided fo% in this Chapte%.

ARTICLE 1822.A cont%ib)to%- )nless he is a 'ene%al pa%tne%- is not a p%ope% pa%t& to p%oceedin's b& o% a'ainst a pa%tne%ship- e/cept whe%e the ob3ect is to enfo%ce a li(ited pa%tne%=s %i'ht a'ainst o% liabilit& to the pa%tne%ship. cd ARTICLE 1824.A li(ited pa%tne%ship fo%(ed )nde% the law p%io% to the effecti!it& of this Code- (a& beco(e a li(ited pa%tne%ship )nde% this Chapte% b& co(pl&in' with the p%o!isions of a%ticle 1800- p%o!ided the ce%tificate sets fo%th> "1#The a(o)nt of the o%i'inal cont%ib)tion of each li(ited pa%tne%- and the ti(e when the cont%ib)tion was (ade< and

"$#That the p%ope%t& of the pa%tne%ship e/ceeds the a(o)nt s)fficient to discha%'e its liabilities to pe%sons not clai(in' as 'ene%al o% li(ited pa%tne%s b& an a(o)nt '%eate% than the s)( of the cont%ib)tions of its li(ited pa%tne%s. A li(ited pa%tne%ship fo%(ed )nde% the law p%io% to the effecti!it& of this Code)ntil o% )nless it beco(es a li(ited pa%tne%ship )nde% this Chapte%- shall contin)e to be 'o!e%ned b& the p%o!isions of the old law. TITLE F A'enc& CHAPTER 1 Nat)%e- Bo%( and Dinds of A'enc& ARTICLE 1828.C& the cont%act of a'enc& a pe%son binds hi(self to %ende% so(e se%!ice o% to do so(ethin' in %ep%esentation o% on behalf of anothe%- with the consent o% a)tho%it& of the latte%. "14;:a# ARTICLE 182:.A'enc& (a& be e/p%ess- o% i(plied f%o( the acts of the p%incipalf%o( his silence o% lack of action- o% his fail)%e to %ep)diate the a'enc&- knowin' that anothe% pe%son is actin' on his behalf witho)t a)tho%it&. A'enc& (a& be o%al- )nless the law %e5)i%es a specific fo%(. "141;a# ARTICLE 184;.Acceptance b& the a'ent (a& also be e/p%ess- o% i(plied f%o( his acts which ca%%& o)t the a'enc&- o% f%o( his silence o% inaction acco%din' to the ci%c)(stances. "n# aisa dc ARTICLE 1841.Cetween pe%sons who a%e p%esent- the acceptance of the a'enc& (a& also be i(plied if the p%incipal deli!e%s his powe% of atto%ne& to the a'ent and the latte% %ecei!es it witho)t an& ob3ection. "n#

ARTICLE 184$.Cetween pe%sons who a%e absent- the acceptance of the a'enc& cannot be i(plied f%o( the silence of the a'ent- e/cept> "1#7hen the p%incipal t%ans(its his powe% of atto%ne& to the a'ent- who %ecei!es it witho)t an& ob3ection< "$#7hen the p%incipal ent%)sts to hi( b& lette% o% tele'%a( a powe% of atto%ne& with %espect to the b)siness in which he is habit)all& en'a'ed as an a'ent- and he did not %epl& to the lette% o% tele'%a(. "n# ARTICLE 184..If a pe%son speciall& info%(s anothe% o% states b& p)blic ad!e%tise(ent that he has 'i!en a powe% of atto%ne& to a thi%d pe%son- the latte% the%eb& beco(es a d)l& a)tho%i,ed a'ent- in the fo%(e% case with %espect to the pe%son who %ecei!ed the special info%(ation- and in the latte% case with %e'a%d to an& pe%son. The powe% shall contin)e to be in f)ll fo%ce )ntil the notice is %escinded in the sa(e (anne% in which it was 'i!en. "n# ARTICLE 1840.7hen a sale of a piece of land o% an& inte%est the%ein is th%o)'h an a'ent- the a)tho%it& of the latte% shall be in w%itin'< othe%wise- the sale shall be !oid. "n# ARTICLE 1841.A'enc& is p%es)(ed to be fo% a co(pensation- )nless the%e is p%oof to the cont%a%&. "n# aisa dc ARTICLE 1842.An a'enc& is eithe% 'ene%al o% special. The fo%(e% co(p%ises all the b)siness of the p%incipal. The latte%- one o% (o%e specific t%ansactions. "141$# ARTICLE 1844.An a'enc& co)ched in 'ene%al te%(s co(p%ises onl& acts of ad(inist%ation- e!en if the p%incipal sho)ld state that he withholds no powe% o% that the a'ent (a& e/ec)te s)ch acts as he (a& conside% app%op%iate- o% e!en tho)'h the a'enc& sho)ld a)tho%i,e a 'ene%al and )nli(ited (ana'e(ent. "n# ARTICLE 1848.Apecial powe%s of atto%ne& a%e necessa%& in the followin' cases> "1#To (ake s)ch pa&(ents as a%e not )s)all& conside%ed as acts of ad(inist%ation< "$#To effect no!ations which p)t an end to obli'ations al%ead& in e/istence at the ti(e the a'enc& was constit)ted<

".#To co(p%o(ise- to s)b(it 5)estions to a%bit%ation- to %eno)nce the %i'ht to appeal f%o( a 3)d'(ent- to wai!e ob3ections to the !en)e of an action o% to abandon a p%esc%iption al%ead& ac5)i%ed< "0#To wai!e an& obli'ation '%at)ito)sl&< "1#To ente% into an& cont%act b& which the owne%ship of an i((o!able is t%ans(itted o% ac5)i%ed eithe% '%at)ito)sl& o% fo% a !al)able conside%ation< "2#To (ake 'ifts- e/cept c)sto(a%& ones fo% cha%it& o% those (ade to e(plo&ees in the b)siness (ana'ed b& the a'ent< casia "4#To loan o% bo%%ow (one&- )nless the latte% act be )%'ent and indispensable fo% the p%ese%!ation of the thin's which a%e )nde% ad(inist%ation< "8#To lease an& %eal p%ope%t& to anothe% pe%son fo% (o%e than one &ea%< ":#To bind the p%incipal to %ende% so(e se%!ice witho)t co(pensation< "1;#To bind the p%incipal in a cont%act of pa%tne%ship< "11#To obli'ate the p%incipal as a ')a%anto% o% s)%et&< "1$#To c%eate o% con!e& %eal %i'hts o!e% i((o!able p%ope%t&< "1.#To accept o% %ep)diate an inhe%itance< "10#To %atif& o% %eco'ni,e obli'ations cont%acted befo%e the a'enc&< "11#An& othe% act of st%ict do(inion. "n# ARTICLE 184:.A special powe% to sell e/cl)des the powe% to (o%t'a'e< and a special powe% to (o%t'a'e does not incl)de the powe% to sell. "n# ARTICLE 188;.A special powe% to co(p%o(ise does not a)tho%i,e s)b(ission to a%bit%ation. "141.a# ARTICLE 1881.The a'ent ()st act within the scope of his a)tho%it&. He (a& do s)ch acts as (a& be cond)ci!e to the acco(plish(ent of the p)%pose of the a'enc&. "1410a# casia ARTICLE 188$.The li(its of the a'ent=s a)tho%it& shall not be conside%ed e/ceeded sho)ld it ha!e been pe%fo%(ed in a (anne% (o%e ad!anta'eo)s to the p%incipal than that specified b& hi(. "1411#

ARTICLE 188..If an a'ent acts in his own na(e- the p%incipal has no %i'ht of action a'ainst the pe%sons with who( the a'ent has cont%acted< neithe% ha!e s)ch pe%sons a'ainst the p%incipal. In s)ch case the a'ent is the one di%ectl& bo)nd in fa!o% of the pe%son with who( he has cont%acted- as if the t%ansaction we%e his own- e/cept when the cont%act in!ol!es thin's belon'in' to the p%incipal. The p%o!isions of this a%ticle shall be )nde%stood to be witho)t p%e3)dice to the actions between the p%incipal and a'ent. "1414# casia CHAPTER $ *bli'ations of the A'ent ARTICLE 1880.The a'ent is bo)nd b& his acceptance to ca%%& o)t the a'enc&and is liable fo% the da(a'es which- th%o)'h his non6pe%fo%(ance- the p%incipal (a& s)ffe%. He ()st also finish the b)siness al%ead& be')n on the death of the p%incipalsho)ld dela& entail an& dan'e%. "1418# cdasia ARTICLE 1881.In case a pe%son declines an a'enc&- he is bo)nd to obse%!e the dili'ence of a 'ood fathe% of a fa(il& in the c)stod& and p%ese%!ation of the 'oods fo%wa%ded to hi( b& the owne% )ntil the latte% sho)ld appoint an a'ent. The owne% shall as soon as p%acticable eithe% appoint an a'ent o% take cha%'e of the 'oods. "n# ARTICLE 1882.Aho)ld the%e be a stip)lation that the a'ent shall ad!ance the necessa%& f)nds- he shall be bo)nd to do so e/cept when the p%incipal is insol!ent. "n# ARTICLE 1884.In the e/ec)tion of the a'enc&- the a'ent shall act in acco%dance with the inst%)ctions of the p%incipal. acd In defa)lt the%eof- he shall do all that a 'ood fathe% of a fa(il& wo)ld do- as %e5)i%ed b& the nat)%e of the b)siness. "141:# ARTICLE 1888.An a'ent shall not ca%%& o)t an a'enc& if its e/ec)tion wo)ld (anifestl& %es)lt in loss o% da(a'e to the p%incipal. "n# ARTICLE 188:.The a'ent shall be liable fo% da(a'es if- the%e bein' a conflict between his inte%ests and those of the p%incipal- he sho)ld p%efe% his own. "n# ARTICLE 18:;.If the a'ent has been e(powe%ed to bo%%ow (one&- he (a& hi(self be the lende% at the c)%%ent %ate of inte%est. If he has been a)tho%i,ed to

lend (one& at inte%est- he cannot bo%%ow it witho)t the consent of the p%incipal. "n# ARTICLE 18:1.E!e%& a'ent is bo)nd to %ende% an acco)nt of his t%ansactions and to deli!e% to the p%incipal whate!e% he (a& ha!e %ecei!ed b& !i%t)e of the a'enc&- e!en tho)'h it (a& not be owin' to the p%incipal. E!e%& stip)lation e/e(ptin' the a'ent f%o( the obli'ation to %ende% an acco)nt shall be !oid. "14$;a# ARTICLE 18:$.The a'ent (a& appoint a s)bstit)te if the p%incipal has not p%ohibited hi( f%o( doin' so< b)t he shall be %esponsible fo% the acts of the s)bstit)te> "1#7hen he was not 'i!en the powe% to appoint one< casia "$#7hen he was 'i!en s)ch powe%- b)t witho)t desi'natin' the pe%son- and the pe%son appointed was noto%io)sl& inco(petent o% insol!ent. All acts of the s)bstit)te appointed a'ainst the p%ohibition of the p%incipal shall be !oid. "14$1# ARTICLE 18:..In the cases (entioned in Nos. 1 and $ of the p%ecedin' a%ticlethe p%incipal (a& f)%the%(o%e b%in' an action a'ainst the s)bstit)te with %espect to the obli'ations which the latte% has cont%acted )nde% the s)bstit)tion. "14$$a# ARTICLE 18:0.The %esponsibilit& of two o% (o%e a'ents- e!en tho)'h the& ha!e been appointed si()ltaneo)sl&- is not solida%&- if solida%it& has not been e/p%essl& stip)lated. "14$.# ARTICLE 18:1.If solida%it& has been a'%eed )pon- each of the a'ents is %esponsible fo% the non6f)lfill(ent of the a'enc&- and fo% the fa)lt o% ne'li'ence of his fellows a'ents- e/cept in the latte% case when the fellow a'ents acted be&ond the scope of thei% a)tho%it&. "n# ARTICLE 18:2.The a'ent owes inte%est on the s)(s he has applied to his own )se f%o( the da& on which he did so- and on those which he still owes afte% the e/tin')ish(ent of the a'enc&. "14$0a# ARTICLE 18:4.The a'ent who acts as s)ch is not pe%sonall& liable to the pa%t& with who( he cont%acts- )nless he e/p%essl& binds hi(self o% e/ceeds the li(its of his a)tho%it& witho)t 'i!in' s)ch pa%t& s)fficient notice of his powe%s. "14$1# ARTICLE 18:8.If the a'ent cont%acts in the na(e of the p%incipal- e/ceedin' the scope of his a)tho%it&- and the p%incipal does not %atif& the cont%act- it shall be !oid if the pa%t& with who( the a'ent cont%acted is awa%e of the li(its of the

powe%s '%anted b& the p%incipal. In this case- howe!e%- the a'ent is liable if he )nde%took to sec)%e the p%incipal=s %atification. "n# aisa dc ARTICLE 18::.If a d)l& a)tho%i,ed a'ent acts in acco%dance with the o%de%s of the p%incipal- the latte% cannot set )p the i'no%ance of the a'ent as to ci%c)(stances whe%eof he hi(self was- o% o)'ht to ha!e been- awa%e. "n# ARTICLE 1:;;.Ao fa% as thi%d pe%sons a%e conce%ned- an act is dee(ed to ha!e been pe%fo%(ed within the scope of the a'ent=s a)tho%it&- if s)ch act is within the te%(s of the powe% of atto%ne&- as w%itten- e!en if the a'ent has in fact e/ceeded the li(its of his a)tho%it& acco%din' to an )nde%standin' between the p%incipal and the a'ent. "n#

ARTICLE 1:;1.A thi%d pe%son cannot set )p the fact that the a'ent has e/ceeded his powe%s- if the p%incipal has %atified- o% has si'nified his willin'ness to %atif& the a'ent=s acts. "n# ARTICLE 1:;$.A thi%d pe%son with who( the a'ent wishes to cont%act on behalf of the p%incipal (a& %e5)i%e the p%esentation of the powe% of atto%ne&- o% the inst%)ctions as %e'a%ds the a'enc&. P%i!ate o% sec%et o%de%s and inst%)ctions of the p%incipal do not p%e3)dice thi%d pe%sons who ha!e %elied )pon the powe% of atto%ne& o% inst%)ctions shown the(. "n# ARTICLE 1:;..The co((ission a'ent shall be %esponsible fo% the 'oods %ecei!ed b& hi( in the te%(s and conditions and as desc%ibed in the consi'n(ent- )nless )pon %ecei!in' the( he sho)ld (ake a w%itten state(ent of the da(a'e and dete%io%ation s)ffe%ed b& the sa(e. "n# ARTICLE 1:;0.The co((ission a'ent who handles 'oods of the sa(e kind and (a%k- which belon' to diffe%ent owne%s- shall distin')ish the( b& co)nte%(a%ksand desi'nate the (e%chandise %especti!el& belon'in' to each p%incipal. "n# cd i ARTICLE 1:;1.The co((ission a'ent cannot- witho)t the e/p%ess o% i(plied consent of the p%incipal- sell on c%edit. Aho)ld he do so- the p%incipal (a& de(and f%o( hi( pa&(ent in cash- b)t the co((ission a'ent shall be entitled to an& inte%est o% benefit- which (a& %es)lt f%o( s)ch sale. "n# ARTICLE 1:;2.Aho)ld the co((ission a'ent- with a)tho%it& of the p%incipal- sell on c%edit- he shall so info%( the p%incipal- with a state(ent of the na(es of the b)&e%s. Aho)ld he fail to do so- the sale shall be dee(ed to ha!e been (ade fo% cash insofa% as the p%incipal is conce%ned. "n# ARTICLE 1:;4.Aho)ld the co((ission a'ent %ecei!e on a sale- in addition to the o%dina%& co((ission- anothe% called a ')a%antee co((ission- he shall bea% the

%isk of collection and shall pa& the p%incipal the p%oceeds of the sale on the sa(e te%(s a'%eed )pon with the p)%chase%. "n# ARTICLE 1:;8.The co((ission a'ent who does not collect the c%edits of his p%incipal at the ti(e when the& beco(e d)e and de(andable shall be liable fo% da(a'es- )nless he p%o!es that he e/e%cised d)e dili'ence fo% that p)%pose. "n# ARTICLE 1:;:.The a'ent is %esponsible not onl& fo% f%a)d- b)t also fo% ne'li'ence- which shall be 3)d'ed with (o%e o% less %i'o% b& the co)%ts- acco%din' to whethe% the a'enc& was o% was not fo% a co(pensation. "14$2# CHAPTER . *bli'ations of the P%incipal ARTICLE 1:1;.The p%incipal ()st co(pl& with all the obli'ations which the a'ent (a& ha!e cont%acted within the scope of his a)tho%it&. As fo% an& obli'ation whe%ein the a'ent has e/ceeded his powe%- the p%incipal is not bo)nd e/cept when he %atifies it e/p%essl& o% tacitl&. "14$4# cd ARTICLE 1:11.E!en when the a'ent has e/ceeded his a)tho%it&- the p%incipal is solida%il& liable with the a'ent if the fo%(e% allowed the latte% to act as tho)'h he had f)ll powe%s. "n# ARTICLE 1:1$.The p%incipal ()st ad!ance to the a'ent- sho)ld the latte% so %e5)est- the s)(s necessa%& fo% the e/ec)tion of the a'enc&. Aho)ld the a'ent ha!e ad!anced the(- the p%incipal ()st %ei(b)%se hi( the%efo%- e!en if the b)siness o% )nde%takin' was not s)ccessf)l- p%o!ided the a'ent is f%ee f%o( all fa)lt. The %ei(b)%se(ent shall incl)de inte%est on the s)(s ad!anced- f%o( the da& on which the ad!ance was (ade. "14$8# ARTICLE 1:1..The p%incipal ()st also inde(nif& the a'ent fo% all the da(a'es which the e/ec)tion of the a'enc& (a& ha!e ca)sed the latte%- witho)t fa)lt o% ne'li'ence on his pa%t. "14$:# ARTICLE 1:10.The a'ent (a& %etain in pled'e the thin's which a%e the ob3ect of the a'enc& )ntil the p%incipal effects the %ei(b)%se(ent and pa&s the inde(nit& set fo%th in the two p%ecedin' a%ticles. "14.;# ARTICLE 1:11.If two o% (o%e pe%sons ha!e appointed an a'ent fo% a co((on t%ansaction o% )nde%takin'- the& shall be solida%il& liable to the a'ent fo% all the conse5)ences of the a'enc&. "14.1#

ARTICLE 1:12.7hen two pe%sons cont%act with %e'a%d to the sa(e thin'- one of the( with the a'ent and the othe% with the p%incipal- and the two cont%acts a%e inco(patible with each othe%- that of p%io% date shall be p%efe%%ed- witho)t p%e3)dice to the p%o!isions of a%ticle 1100. "n# cdt ARTICLE 1:14.In the case %efe%%ed to in the p%ecedin' a%ticle- if the a'ent has acted in 'ood faith- the p%incipal shall be liable in da(a'es to the thi%d pe%son whose cont%act ()st be %e3ected. If the a'ent acted in bad faith- he alone shall be %esponsible. "n# ARTICLE 1:18.The p%incipal is not liable fo% the e/penses inc)%%ed b& the a'ent in the followin' cases> "1#If the a'ent acted in cont%a!ention of the p%incipal=s inst%)ctions- )nless the latte% sho)ld wish to a!ail hi(self of the benefits de%i!ed f%o( the cont%act< "$#7hen the e/penses we%e d)e to the fa)lt of the a'ent< cda ".#7hen the a'ent inc)%%ed the( with knowled'e that an )nfa!o%able %es)lt wo)ld ens)e- if the p%incipal was not awa%e the%eof< "0#7hen it was stip)lated that the e/penses wo)ld be bo%ne b& the a'ent- o% that the latte% wo)ld be allowed onl& a ce%tain s)(. "n# CHAPTER 0 Modes of E/tin')ish(ent of A'enc& ARTICLE 1:1:.A'enc& is e/tin')ished> "1#C& its %e!ocation< "$#C& the withd%awal of the a'ent< ".#C& the death- ci!il inte%diction- insanit& o% insol!enc& of the p%incipal o% of the a'ent< "0#C& the dissol)tion of the fi%( o% co%po%ation which ent%)sted o% accepted the a'enc&< "1#C& the acco(plish(ent of the ob3ect o% p)%pose of the a'enc&< "2#C& the e/pi%ation of the pe%iod fo% which the a'enc& was constit)ted. "14.$a#

ARTICLE 1:$;.The p%incipal (a& %e!oke the a'enc& at will- and co(pel the a'ent to %et)%n the doc)(ent e!idencin' the a'enc&. A)ch %e!ocation (a& be e/p%ess o% i(plied. "14..a# aisa dc ARTICLE 1:$1.If the a'enc& has been ent%)sted fo% the p)%pose of cont%actin' with specified pe%sons- its %e!ocation shall not p%e3)dice the latte% if the& we%e not 'i!en notice the%eof. "14.0# ARTICLE 1:$$.If the a'ent had 'ene%al powe%s- %e!ocation of the a'enc& does not p%e3)dice thi%d pe%sons who acted in 'ood faith and witho)t knowled'e of the %e!ocation. Notice of the %e!ocation in a newspape% of 'ene%al ci%c)lation is a s)fficient wa%nin' to thi%d pe%sons. "n# ARTICLE 1:$..The appoint(ent of a new a'ent fo% the sa(e b)siness o% t%ansaction %e!okes the p%e!io)s a'enc& f%o( the da& on which notice the%eof was 'i!en to the fo%(e% a'ent- witho)t p%e3)dice to the p%o!isions of the two p%ecedin' a%ticles. "14.1a# ARTICLE 1:$0.The a'enc& is %e!oked if the p%incipal di%ectl& (ana'es the b)siness ent%)sted to the a'ent- dealin' di%ectl& with thi%d pe%sons. "n# ARTICLE 1:$1.7hen two o% (o%e p%incipals ha!e '%anted a powe% of atto%ne& fo% a co((on t%ansaction- an& one of the( (a& %e!oke the sa(e witho)t the consent of the othe%s. "n# ARTICLE 1:$2.A 'ene%al powe% of atto%ne& is %e!oked b& a special one '%anted to anothe% a'ent- as %e'a%ds the special (atte% in!ol!ed in the latte%. "n# ARTICLE 1:$4.An a'enc& cannot be %e!oked if a bilate%al cont%act depends )pon it- o% if it is the (eans of f)lfillin' an obli'ation al%ead& cont%acted- o% if a pa%tne% is appointed (ana'e% of a pa%tne%ship in the cont%act of pa%tne%ship and his %e(o!al f%o( the (ana'e(ent is )n3)stifiable. "n# cdasia ARTICLE 1:$8.The a'ent (a& withd%aw f%o( the a'enc& b& 'i!in' d)e notice to the p%incipal. If the latte% sho)ld s)ffe% an& da(a'e b& %eason of the withd%awalthe a'ent ()st inde(nif& hi( the%efo%- )nless the a'ent sho)ld base his withd%awal )pon the i(possibilit& of contin)in' the pe%fo%(ance of the a'enc& witho)t '%a!e det%i(ent to hi(self. "14.2a# ARTICLE 1:$:.The a'ent- e!en if he sho)ld withd%aw f%o( the a'enc& fo% a !alid %eason- ()st contin)e to act )ntil the p%incipal has had %easonable oppo%t)nit& to take the necessa%& steps to (eet the sit)ation. "14.4a# ARTICLE 1:.;.The a'enc& shall %e(ain in f)ll fo%ce and effect e!en afte% the death of the p%incipal- if it has been constit)ted in the co((on inte%est of the

latte% and of the a'ent- o% in the inte%est of a thi%d pe%son who has accepted the stip)lation in his fa!o%. "n# ARTICLE 1:.1.An&thin' done b& the a'ent- witho)t knowled'e of the death of the p%incipal o% of an& othe% ca)se which e/tin')ishes the a'enc&- is !alid and shall be f)ll& effecti!e with %espect to thi%d pe%sons who (a& ha!e cont%acted with hi( in 'ood faith. "14.8# ARTICLE 1:.$.If the a'ent dies- his hei%s ()st notif& the p%incipal the%eof- and in the (eanti(e adopt s)ch (eas)%es as the ci%c)(stances (a& de(and in the inte%est of the latte%. "14.:# TITLE FI Loan +ene%al P%o!isions ARTICLE 1:...C& the cont%act of loan- one of the pa%ties deli!e%s to anothe%eithe% so(ethin' not cons)(able so that the latte% (a& )se the sa(e fo% a ce%tain ti(e and %et)%n it- in which case the cont%act is called a co((odat)(< o% (one& o% othe% cons)(able thin'- )pon the condition that the sa(e a(o)nt of the sa(e kind and 5)alit& shall be paid- in which case the cont%act is si(pl& called a loan o% ()t))(. cd Co((odat)( is essentiall& '%at)ito)s. Ai(ple loan (a& be '%at)ito)s o% with a stip)lation to pa& inte%est. In co((odat)( the bailo% %etains the owne%ship of the thin' loaned- while in si(ple loan- owne%ship passes to the bo%%owe%. "140;a# ARTICLE 1:.0.An accepted p%o(ise to deli!e% so(ethin' b& wa& of co((odat)( o% si(ple loan is bindin' )pon the pa%ties- b)t the co((odat)( o% si(ple loan itself shall not be pe%fected )ntil the deli!e%& of the ob3ect of the cont%act. "n# CHAPTER 1 Co((odat)( AECTI*N 1 Nat)%e of Co((odat)(

ARTICLE 1:.1.The bailee in co((odat)( ac5)i%es the )se of the thin' loaned b)t not its f%)its< if an& co(pensation is to be paid b& hi( who ac5)i%es the )sethe cont%act ceases to be a co((odat)(. "1:01a# ARTICLE 1:.2.Cons)(able 'oods (a& be the s)b3ect of co((odat)( if the p)%pose of the cont%act is not the cons)(ption of the ob3ect- as when it is (e%el& fo% e/hibition. "n# aisa dc ARTICLE 1:.4.Mo!able o% i((o!able p%ope%t& (a& be the ob3ect of co((odat)(. "n# ARTICLE 1:.8.The bailo% in co((odat)( need not be the owne% of the thin' loaned. "n#

ARTICLE 1:.:.Co((odat)( is p)%el& pe%sonal in cha%acte%. Conse5)entl&> "1#The death of eithe% the bailo% o% the bailee e/tin')ishes the cont%act< "$#The bailee can neithe% lend no% lease the ob3ect of the cont%act to a thi%d pe%son. Howe!e%- the (e(be%s of the bailee=s ho)sehold (a& (ake )se of the thin' loaned- )nless the%e is a stip)lation to the cont%a%&- o% )nless the nat)%e of the thin' fo%bids s)ch )se. "n# ARTICLE 1:0;.A stip)lation that the bailee (a& (ake )se of the f%)its of the thin' loaned is !alid. "n# AECTI*N $ *bli'ations of the Cailee ARTICLE 1:01.The bailee is obli'ed to pa& fo% the o%dina%& e/penses fo% the )se and p%ese%!ation of the thin' loaned. "140.a# ARTICLE 1:0$.The bailee is liable fo% the loss of the thin'- e!en if it sho)ld be th%o)'h a fo%t)ito)s e!ent> "1#If he de!otes the thin' to an& p)%pose diffe%ent f%o( that fo% which it has been loaned< cd i "$#If he keeps it lon'e% than the pe%iod stip)lated- o% afte% the acco(plish(ent of the )se fo% which the co((odat)( has been constit)ted<

".#If the thin' loaned has been deli!e%ed with app%aisal of its !al)e- )nless the%e is a stip)lation e/e(ptin' the bailee f%o( %esponsibilit& in case of a fo%t)ito)s e!ent< "0#If he lends o% leases the thin' to a thi%d pe%son- who is not a (e(be% of his ho)sehold< "1#If- bein' able to sa!e eithe% the thin' bo%%owed o% his own thin'- he chose to sa!e the latte%. "1400a and 1401# ARTICLE 1:0..The bailee does not answe% fo% the dete%io%ation of the thin' loaned d)e onl& to the )se the%eof and witho)t his fa)lt. "1402# ARTICLE 1:00.The bailee cannot %etain the thin' loaned on the '%o)nd that the bailo% owes hi( so(ethin'- e!en tho)'h it (a& be b& %eason of e/penses. Howe!e%- the bailee has a %i'ht of %etention fo% da(a'es (entioned in a%ticle 1:11. "1404a# ARTICLE 1:01.7hen the%e a%e two o% (o%e bailees to who( a thin' is loaned in the sa(e cont%act- the& a%e liable solida%il&. "1408a# AECTI*N . *bli'ations of the Cailo% ARTICLE 1:02.The bailo% cannot de(and the %et)%n of the thin' loaned till afte% the e/pi%ation of the pe%iod stip)lated- o% afte% the acco(plish(ent of the )se fo% which the co((odat)( has been constit)ted. Howe!e%- if in the (eanti(e- he sho)ld ha!e )%'ent need of the thin'- he (a& de(and its %et)%n o% te(po%a%& )se. acd In case of te(po%a%& )se b& the bailo%- the cont%act of co((odat)( is s)spended while the thin' is in the possession of the bailo%. "140:a# ARTICLE 1:04.The bailo% (a& de(and the thin' at will- and the cont%act)al %elation is called a p%eca%i)(- in the followin' cases> "1#If neithe% the d)%ation of the cont%act no% the )se to which the thin' loaned sho)ld be de!oted- has been stip)lated< o% "$#If the )se of the thin' is (e%el& tole%ated b& the owne%. "141;a# ARTICLE 1:08.The bailo% (a& de(and the i((ediate %et)%n of the thin' if the bailee co((its an& act of in'%atit)de specified in a%ticle 421. "n#

ARTICLE 1:0:.The bailo% shall %ef)nd the e/t%ao%dina%& e/penses d)%in' the cont%act fo% the p%ese%!ation of the thin' loaned- p%o!ided the bailee b%in's the sa(e to the knowled'e of the bailo% befo%e inc)%%in' the(- e/cept when the& a%e so )%'ent that the %epl& to the notification cannot be awaited witho)t dan'e%. If the e/t%ao%dina%& e/penses a%ise on the occasion of the act)al )se of the thin' b& the bailee- e!en tho)'h he acted witho)t fa)lt- the& shall be bo%ne e5)all& b& both the bailo% and the bailee- )nless the%e is a stip)lation to the cont%a%&. "1411a# ARTICLE 1:1;.If- fo% the p)%pose of (akin' )se of the thin'- the bailee inc)%s e/penses othe% than those %efe%%ed to in a%ticles 1:01 and 1:0:- he is not entitled to %ei(b)%se(ent. "n# ARTICLE 1:11.The bailo% who- knowin' the flaws of the thin' loaned- does not ad!ise the bailee of the sa(e- shall be liable to the latte% fo% the da(a'es which he (a& s)ffe% b& %eason the%eof. "141$# cdtai ARTICLE 1:1$.The bailo% cannot e/e(pt hi(self f%o( the pa&(ent of e/penses o% da(a'es b& abandonin' the thin' to the bailee. "n# CHAPTER $ Ai(ple Loan o% M)t))( ARTICLE 1:1..A pe%son who %ecei!es a loan of (one& o% an& othe% f)n'ible thin' ac5)i%es the owne%ship the%eof- and is bo)nd to pa& to the c%edito% an e5)al a(o)nt of the sa(e kind and 5)alit&. "141.a# ARTICLE 1:10.A cont%act whe%eb& one pe%son t%ansfe%s the owne%ship of non6 f)n'ible thin's to anothe% with the obli'ation on the pa%t of the latte% to 'i!e thin's of the sa(e kind- 5)antit&- and 5)alit& shall be conside%ed a ba%te%. "n# ARTICLE 1:11.The obli'ation of a pe%son who bo%%ows (one& shall be 'o!e%ned b& the p%o!isions of a%ticles 1$0: and 1$1; of this Code. If what was loaned is a f)n'ible thin' othe% than (one&- the debto% owes anothe% thin' of the sa(e kind- 5)antit& and 5)alit&- e!en if it sho)ld chan'e in !al)e. In case it is i(possible to deli!e% the sa(e kind- its !al)e at the ti(e of the pe%fection of the loan shall be paid. "1410a# ARTICLE 1:12.No inte%est shall be d)e )nless it has been e/p%essl& stip)lated in w%itin'. "1411a#

ARTICLE 1:14.Cont%acts and stip)lations- )nde% an& cloak o% de!ice whate!e%intended to ci%c)(!ent the laws a'ainst )s)%& shall be !oid. The bo%%owe% (a& %eco!e% in acco%dance with the laws on )s)%&. "n# cd i ARTICLE 1:18.In the dete%(ination of the inte%est- if it is pa&able in kind- its !al)e shall be app%aised at the c)%%ent p%ice of the p%od)cts o% 'oods at the ti(e and place of pa&(ent. "n# ARTICLE 1:1:.7itho)t p%e3)dice to the p%o!isions of a%ticle $$1$- inte%est d)e and )npaid shall not ea%n inte%est. Howe!e%- the cont%actin' pa%ties (a& b& stip)lation capitali,e the inte%est d)e and )npaid- which as added p%incipal- shall ea%n new inte%est. "n# ARTICLE 1:2;.If the bo%%owe% pa&s inte%est when the%e has been no stip)lation the%efo%- the p%o!isions of this Code conce%nin' sol)tio indebiti- o% nat)%al obli'ations- shall be applied- as the case (a& be. "n# ARTICLE 1:21.@s)%io)s cont%acts shall be 'o!e%ned b& the @s)%& Law and othe% special laws- so fa% as the& a%e not inconsistent with this Code. "n# cd TITLE FII Eeposit CHAPTER 1 Eeposit in +ene%al and its Eiffe%ent Dinds ARTICLE 1:2$.A deposit is constit)ted f%o( the (o(ent a pe%son %ecei!es a thin' belon'in' to anothe%- with the obli'ation of safel& keepin' it and of %et)%nin' the sa(e. If the safekeepin' of the thin' deli!e%ed is not the p%incipal p)%pose of the cont%act- the%e is no deposit b)t so(e othe% cont%act. "1418a# ARTICLE 1:2..An a'%ee(ent to constit)te a deposit is bindin'- b)t the deposit itself is not pe%fected )ntil the deli!e%& of the thin'. "n# ARTICLE 1:20.A deposit (a& be constit)ted 3)diciall& o% e/t%a3)diciall&. "141:# ARTICLE 1:21.A deposit is a '%at)ito)s cont%act- e/cept when the%e is an a'%ee(ent to the cont%a%&- o% )nless the deposita%& is en'a'ed in the b)siness of sto%in' 'oods. "142;a# ARTICLE 1:22.*nl& (o!able thin's (a& be the ob3ect of a deposit. "1421# ARTICLE 1:24.An e/t%a3)dicial deposit is eithe% !ol)nta%& o% necessa%&. "142$#

CHAPTER $ ?ol)nta%& Eeposit AECTI*N 1 +ene%al P%o!isions ARTICLE 1:28.A !ol)nta%& deposit is that whe%ein the deli!e%& is (ade b& the will of the deposito%. A deposit (a& also be (ade b& two o% (o%e pe%sons each of who( belie!es hi(self entitled to the thin' deposited with a thi%d pe%son- who shall deli!e% it in a p%ope% case to the one to who( it belon's. "142.# cdasia ARTICLE 1:2:.A cont%act of deposit (a& be ente%ed into o%all& o% in w%itin'. "n# ARTICLE 1:4;.If a pe%son ha!in' capacit& to cont%act accepts a deposit (ade b& one who is incapacitated- the fo%(e% shall be s)b3ect to all the obli'ations of a deposita%&- and (a& be co(pelled to %et)%n the thin' b& the ')a%dian- o% ad(inist%ato%- of the pe%son who (ade the deposit- o% b& the latte% hi(self if he sho)ld ac5)i%e capacit&. "1420# ARTICLE 1:41.If the deposit has been (ade b& a capacitated pe%son with anothe% who is not- the deposito% shall onl& ha!e an action to %eco!e% the thin' deposited while it is still in the possession of the deposita%&- o% to co(pel the latte% to pa& hi( the a(o)nt b& which he (a& ha!e en%iched o% benefited hi(self with the thin' o% its p%ice. Howe!e%- if a thi%d pe%son who ac5)i%ed the thin' acted in bad faith- the deposito% (a& b%in' an action a'ainst hi( fo% its %eco!e%&. "1421a# AECTI*N $ *bli'ations of the Eeposita%& ARTICLE 1:4$.The deposita%& is obli'ed to keep the thin' safel& and to %et)%n itwhen %e5)i%ed- to the deposito%- o% to his hei%s and s)ccesso%s- o% to the pe%son who (a& ha!e been desi'nated in the cont%act. His %esponsibilit&- with %e'a%d to the safekeepin' and the loss of the thin'- shall be 'o!e%ned b& the p%o!isions of Title I of this Cook. cda If the deposit is '%at)ito)s- this fact shall be taken into acco)nt in dete%(inin' the de'%ee of ca%e that the deposita%& ()st obse%!e. "1422a# ARTICLE 1:4..@nless the%e is a stip)lation to the cont%a%&- the deposita%& cannot deposit the thin' with a thi%d pe%son. If deposit with a thi%d pe%son is allowed- the deposita%& is liable fo% the loss if he deposited the thin' with a

pe%son who is (anifestl& ca%eless o% )nfit. The deposita%& is %esponsible fo% the ne'li'ence of his e(plo&ees. "n# ARTICLE 1:40.The deposita%& (a& chan'e the wa& of the deposit if )nde% the ci%c)(stances he (a& %easonabl& p%es)(e that the deposito% wo)ld consent to the chan'e if he knew of the facts of the sit)ation. Howe!e%- befo%e the deposita%& (a& (ake s)ch chan'e- he shall notif& the deposito% the%eof and wait fo% his decision- )nless dela& wo)ld ca)se dan'e%. "n# ARTICLE 1:41.The deposita%& holdin' ce%tificates- bonds- sec)%ities o% inst%)(ents which ea%n inte%est shall be bo)nd to collect the latte% when it beco(es d)e- and to take s)ch steps as (a& be necessa%& in o%de% that the sec)%ities (a& p%ese%!e thei% !al)e and the %i'hts co%%espondin' to the( acco%din' to law. The abo!e p%o!ision shall not appl& to cont%acts fo% the %ent of safet& deposit bo/es. "n# ARTICLE 1:42.@nless the%e is a stip)lation to the cont%a%&- the deposita%& (a& co((in'le '%ain o% othe% a%ticles of the sa(e kind and 5)alit&- in which case the !a%io)s deposito%s shall own o% ha!e a p%opo%tionate inte%est in the (ass. "n#

ARTICLE 1:44.The deposita%& cannot (ake )se of the thin' deposited witho)t the e/p%ess pe%(ission of the deposito%. acd *the%wise- he shall be liable fo% da(a'es. Howe!e%- when the p%ese%!ation of the thin' deposited %e5)i%es its )se- it ()st be )sed b)t onl& fo% that p)%pose. "1424a# ARTICLE 1:48.7hen the deposita%& has pe%(ission to )se the thin' depositedthe cont%act loses the concept of a deposit and beco(es a loan o% co((odat)(e/cept whe%e safekeepin' is still the p%incipal p)%pose of the cont%act. The pe%(ission shall not be p%es)(ed- and its e/istence ()st be p%o!ed. "1428a# ARTICLE 1:4:.The deposita%& is liable fo% the loss of the thin' th%o)'h a fo%t)ito)s e!ent> "1#If it is so stip)lated< "$#If he )ses the thin' witho)t the deposito%=s pe%(ission<

".#If he dela&s its %et)%n< "0#If he allows othe%s to )se it- e!en tho)'h he hi(self (a& ha!e been a)tho%i,ed to )se the sa(e. "n# ARTICLE 1:8;.Bi/ed- sa!in's- and c)%%ent deposits of (one& in banks and si(ila% instit)tions shall be 'o!e%ned b& the p%o!isions conce%nin' si(ple loan. "n# ARTICLE 1:81.7hen the thin' deposited is deli!e%ed closed and sealed- the deposita%& ()st %et)%n it in the sa(e condition- and he shall be liable fo% da(a'es sho)ld the seal o% lock be b%oken th%o)'h his fa)lt. casia Ba)lt on the pa%t of the deposita%& is p%es)(ed- )nless the%e is p%oof to the cont%a%&. As %e'a%ds the !al)e of the thin' deposited- the state(ent of the deposito% shall be accepted- when the fo%cible openin' is i(p)table to the deposita%&- sho)ld the%e be no p%oof to the cont%a%&. Howe!e%- the co)%ts (a& pass )pon the c%edibilit& of the deposito% with %espect to the !al)e clai(ed b& hi(. 7hen the seal o% lock is b%oken- with o% witho)t the deposita%&=s fa)lt- he shall keep the sec%et of the deposit. "142:a# ARTICLE 1:8$.7hen it beco(es necessa%& to open a locked bo/ o% %eceptaclethe deposita%& is p%es)(ed a)tho%i,ed to do so- if the ke& has been deli!e%ed to hi(< o% when the inst%)ctions of the deposito% as %e'a%ds the deposit cannot be e/ec)ted witho)t openin' the bo/ o% %eceptacle. "n# ARTICLE 1:8..The thin' deposited shall be %et)%ned with all its p%od)ctsaccesso%ies and accessions. Aho)ld the deposit consist of (one&- the p%o!isions %elati!e to a'ents in a%ticle 18:2 shall be applied to the deposita%&. "144;# ARTICLE 1:80.The deposita%& cannot de(and that the deposito% p%o!e his owne%ship of the thin' deposited. Ne!e%theless- sho)ld he disco!e% that the thin' has been stolen and who its t%)e owne% is- he ()st ad!ise the latte% of the deposit. If the owne%- in spite of s)ch info%(ation- does not clai( it within the pe%iod of one (onth- the deposita%& shall be %elie!ed of all %esponsibilit& b& %et)%nin' the thin' deposited to the deposito%. cd i

If the deposita%& has %easonable '%o)nds to belie!e that the thin' has not been lawf)ll& ac5)i%ed b& the deposito%- the fo%(e% (a& %et)%n the sa(e. "1441a# ARTICLE 1:81.7hen the%e a%e two o% (o%e deposito%s- if the& a%e not solida%&and the thin' ad(its of di!ision- each one cannot de(and (o%e than his sha%e. 7hen the%e is solida%it& o% the thin' does not ad(it of di!ision- the p%o!isions of a%ticles 1$1$ and 1$10 shall 'o!e%n. Howe!e%- if the%e is a stip)lation that the thin' sho)ld be %et)%ned to one of the deposito%s- the deposita%& shall %et)%n it onl& to the pe%son desi'nated. "144$a# ARTICLE 1:82.If the deposito% sho)ld lose his capacit& to cont%act afte% ha!in' (ade the deposit- the thin' cannot be %et)%ned e/cept to the pe%sons who (a& ha!e the ad(inist%ation of his p%ope%t& and %i'hts. "144.# ARTICLE 1:84.If at the ti(e the deposit was (ade a place was desi'nated fo% the %et)%n of the thin'- the deposita%& ()st take the thin' deposited to s)ch place< b)t the e/penses fo% t%anspo%tation shall be bo%ne b& the deposito%. If no place has been desi'nated fo% the %et)%n- it shall be (ade whe%e the thin' deposited (a& be- e!en if it sho)ld not be the sa(e place whe%e the deposit was (ade- p%o!ided that the%e was no (alice on the pa%t of the deposita%&. "1440# ARTICLE 1:88.The thin' deposited ()st be %et)%ned to the deposito% )pon de(and- e!en tho)'h a specified pe%iod o% ti(e fo% s)ch %et)%n (a& ha!e been fi/ed. This p%o!ision shall not appl& when the thin' is 3)diciall& attached while in the deposita%&=s possession- o% sho)ld he ha!e been notified of the opposition of a thi%d pe%son to the %et)%n o% the %e(o!al of the thin' deposited. In these casesthe deposita%& ()st i((ediatel& info%( the deposito% of the attach(ent o% opposition. "1441# ARTICLE 1:8:.@nless the deposit is fo% a !al)able conside%ation- the deposita%& who (a& ha!e 3)stifiable %easons fo% not keepin' the thin' deposited (a&- e!en befo%e the ti(e desi'nated- %et)%n it to the deposito%< and if the latte% sho)ld %ef)se to %ecei!e it- the deposita%& (a& sec)%e its consi'nation f%o( the co)%t. "1442a# cdasia ARTICLE 1::;.If the deposita%& b& fo%ce (a3e)%e o% 'o!e%n(ent o%de% loses the thin' and %ecei!es (one& o% anothe% thin' in its place- he shall deli!e% the s)( o% othe% thin' to the deposito%. "1444a# ARTICLE 1::1.The deposito%=s hei% who in 'ood faith (a& ha!e sold the thin' which he did not know was deposited- shall onl& be bo)nd to %et)%n the p%ice he

(a& ha!e %ecei!ed o% to assi'n his %i'ht of action a'ainst the b)&e% in case the p%ice has not been paid hi(. "1448# AECTI*N . *bli'ations of the Eeposito% ARTICLE 1::$.If the deposit is '%at)ito)s- the deposito% is obli'ed to %ei(b)%se the deposita%& fo% the e/penses he (a& ha!e inc)%%ed fo% the p%ese%!ation of the thin' deposited. "144:a# ARTICLE 1::..The deposito% shall %ei(b)%se the deposita%& fo% an& loss a%isin' f%o( the cha%acte% of the thin' deposited- )nless at the ti(e of the constit)tion of the deposit the fo%(e% was not awa%e of- o% was not e/pected to know the dan'e%o)s cha%acte% of the thin'- o% )nless he notified the deposita%& of the sa(e- o% the latte% was awa%e of it witho)t ad!ice f%o( the deposito%. "n# aisa dc ARTICLE 1::0.The deposita%& (a& %etain the thin' in pled'e )ntil the f)ll pa&(ent of what (a& be d)e hi( b& %eason of the deposit. "148;# ARTICLE 1::1.A deposit is e/tin')ished> "1#@pon the loss o% dest%)ction of the thin' deposited< "$#In case of a '%at)ito)s deposit- )pon the death of eithe% the deposito% o% the deposita%&. "n# CHAPTER . Necessa%& Eeposit ARTICLE 1::2.A deposit is necessa%&> cdasia "1#7hen it is (ade in co(pliance with a le'al obli'ation< "$#7hen it takes place on the occasion of an& cala(it&- s)ch as fi%e- sto%(- floodpilla'e- shipw%eck- o% othe% si(ila% e!ents. "1481a# ARTICLE 1::4.The deposit %efe%%ed to in No. 1 of the p%ecedin' a%ticle shall be 'o!e%ned b& the p%o!isions of the law establishin' it- and in case of its deficienc&b& the %)les on !ol)nta%& deposit. The deposit (entioned in No. $ of the p%ecedin' a%ticle shall be %e')lated b& the p%o!isions conce%nin' !ol)nta%& deposit and b& a%ticle $128. "148$#

ARTICLE 1::8.The deposit of effects (ade b& t%a!elle%s in hotels o% inns shall also be %e'a%ded as necessa%&. The keepe%s of hotels o% inns shall be %esponsible fo% the( as deposita%ies- p%o!ided that notice was 'i!en to the(- o% to thei% e(plo&ees- of the effects b%o)'ht b& the ')ests and that- on the pa%t of the latte%- the& take the p%eca)tions which said hotel6keepe%s o% thei% s)bstit)tes ad!ised %elati!e to the ca%e and !i'ilance of thei% effects. "148.# ARTICLE 1:::.The hotel6keepe% is liable fo% the !ehicles- ani(als and a%ticles which ha!e been int%od)ced o% placed in the anne/es of the hotel. "n# ARTICLE $;;;.The %esponsibilit& %efe%%ed to in the two p%ecedin' a%ticles shall incl)de the loss of- o% in3)%& to the pe%sonal p%ope%t& of the ')ests ca)sed b& the se%!ants o% e(plo&ees of the keepe%s of hotels o% inns as well as b& st%an'e%s< b)t not that which (a& p%oceed f%o( an& fo%ce (a3e)%e. The fact that t%a!elle%s a%e const%ained to %el& on the !i'ilance of the keepe% of the hotel o% inn shall be conside%ed in dete%(inin' the de'%ee of ca%e %e5)i%ed of hi(. "1480a# aisa dc ARTICLE $;;1.The act of a thief o% %obbe%- who has ente%ed the hotel is not dee(ed fo%ce (a3e)%e- )nless it is done with the )se of a%(s o% th%o)'h an i%%esistible fo%ce. "n# ARTICLE $;;$.The hotel6keepe% is not liable fo% co(pensation if the loss is d)e to the acts of the ')est- his fa(il&- se%!ants o% !isito%s- o% if the loss a%ises f%o( the cha%acte% of the thin's b%o)'ht into the hotel. "n# ARTICLE $;;..The hotel6keepe% cannot f%ee hi(self f%o( %esponsibilit& b& postin' notices to the effect that he is not liable fo% the a%ticles b%o)'ht b& the ')est. An& stip)lation between the hotel6keepe% and the ')est whe%eb& the %esponsibilit& of the fo%(e% as set fo%th in a%ticles 1::8 to $;;1 is s)pp%essed o% di(inished shall be !oid. "n# ARTICLE $;;0.The hotel6keepe% has a %i'ht to %etain the thin's b%o)'ht into the hotel b& the ')est- as a sec)%it& fo% c%edits on acco)nt of lod'in'- and s)pplies )s)all& f)%nished to hotel ')ests. "n# CHAPTER 0 Ae5)est%ation o% 9)dicial Eeposit ARTICLE $;;1.A 3)dicial deposit o% se5)est%ation takes place when an attach(ent o% sei,)%e of p%ope%t& in liti'ation is o%de%ed. "1481# ARTICLE $;;2.Mo!able as well as i((o!able p%ope%t& (a& be the ob3ect of se5)est%ation. "1482#

ARTICLE $;;4.The deposita%& of p%ope%t& o% ob3ects se5)est%ated cannot be %elie!ed of his %esponsibilit& )ntil the cont%o!e%s& which 'a!e %ise the%eto has co(e to an end- )nless the co)%t so o%de%s. "1484a# aisa dc ARTICLE $;;8.The deposita%& of p%ope%t& se5)est%ated is bo)nd to co(pl&- with %espect to the sa(e- with all the obli'ations of a 'ood fathe% of a fa(il&. "1488# ARTICLE $;;:.As to (atte%s not p%o!ided fo% in this Code- 3)dicial se5)est%ation shall be 'o!e%ned b& the R)les of Co)%t. "148:a# TITLE FIII Aleato%& Cont%acts +ene%al P%o!ision ARTICLE $;1;.C& an aleato%& cont%act- one of the pa%ties o% both %ecip%ocall& bind the(sel!es to 'i!e o% to do so(ethin' in conside%ation of what the othe% shall 'i!e o% do )pon the happenin' of an e!ent which is )nce%tain- o% which is to occ)% at an indete%(inate ti(e. "14:;#

CHAPTER 1 Ins)%ance ARTICLE $;11.The cont%act of ins)%ance is 'o!e%ned b& special laws. Matte%s not e/p%essl& p%o!ided fo% in s)ch special laws shall be %e')lated b& this Code. "n# ARTICLE $;1$.An& pe%son who is fo%bidden f%o( %ecei!in' an& donation )nde% a%ticle 4.: cannot be na(ed beneficia%& of a life ins)%ance polic& b& the pe%son who cannot (ake an& donation to hi(- acco%din' to said a%ticle. "n# cdtai CHAPTER $ +a(blin' ARTICLE $;1..A 'a(e of chance is that which depends (o%e on chance o% ha,a%d than o% skill o% abilit&. Bo% the p)%poses of the followin' a%ticles- in case of do)bt a 'a(e is dee(ed to be one of chance. "n# ARTICLE $;10.No action can be (aintained b& the winne% fo% the collection of what he has won in a 'a(e of chance. C)t an& lose% in a 'a(e of chance (a& %eco!e% his loss f%o( the winne%- with le'al inte%est f%o( the ti(e he paid the

a(o)nt lost- and s)bsidia%il& f%o( the ope%ato% o% (ana'e% of the 'a(blin' ho)se. "14::a# ARTICLE $;11.If cheatin' o% deceit is co((itted b& the winne%- he- and s)bsidia%il& the ope%ato% o% (ana'e% of the 'a(blin' ho)se- shall pa& b& wa& of e/e(pla%& da(a'es- not less than the e5)i!alent of the s)( lost- in addition to the latte% a(o)nt. If both the winne% and the lose% ha!e pe%pet%ated f%a)d- no action fo% %eco!e%& can be b%o)'ht b& eithe%. "n# ARTICLE $;12.If the lose% %ef)ses o% ne'lects to b%in' an action to %eco!e% what has been lost- his o% he% c%edito%s- spo)se- descendants o% othe% pe%sons entitled to be s)ppo%ted b& the lose% (a& instit)te the action. The s)( the%eb& obtained shall be applied to the c%edito%s= clai(s- o% to the s)ppo%t of the spo)se o% %elati!es- as the case (a& be. "n# ARTICLE $;14.The p%o!isions of a%ticles $;10 and $;12 appl& when two o% (o%e pe%sons bet in a 'a(e of chance- altho)'h the& take no acti!e pa%t in the 'a(e itself. "14::a# ARTICLE $;18.If a cont%act which p)%po%ts to be fo% the deli!e%& of 'oodssec)%ities o% sha%es of stock is ente%ed into with the intention that the diffe%ence between the p%ice stip)lated and the e/chan'e o% (a%ket p%ice at the ti(e of the p%etended deli!e%& shall be paid b& the lose% to the winne%- the t%ansaction is n)ll and !oid. The lose% (a& %eco!e% what he has paid. "n# cd ARTICLE $;1:.Cettin' on the %es)lt of spo%ts- athletic co(petitions- o% 'a(es of skill (a& be p%ohibited b& local o%dinances. "n# ARTICLE $;$;.The lose% in an& 'a(e which is not one of chance- when the%e is no local o%dinance which p%ohibits bettin' the%ein- is )nde% obli'ation to pa& his loss- )nless the a(o)nt the%eof is e/cessi!e )nde% the ci%c)(stances. In the latte% case- the co)%t shall %ed)ce the loss to the p%ope% s)(. "18;1a# CHAPTER . Life Ann)it& ARTICLE $;$1.The aleato%& cont%act of life ann)it& binds the debto% to pa& an ann)al pension o% inco(e d)%in' the life of one o% (o%e dete%(inate pe%sons in conside%ation of a capital consistin' of (one& o% othe% p%ope%t&- whose owne%ship is t%ansfe%%ed to hi( at once with the b)%den of the inco(e. "18;$a# ARTICLE $;$$.The ann)it& (a& be constit)ted )pon the life of the pe%son who 'i!es the capital- )pon that of a thi%d pe%son- o% )pon the li!es of !a%io)s pe%sons- all of who( ()st be li!in' at the ti(e the ann)it& is established.

It (a& also be constit)ted in fa!o% of the pe%son o% pe%sons )pon whose life o% li!es the cont%act is ente%ed into- o% in fa!o% of anothe% o% othe% pe%sons. "18;.a# ARTICLE $;$..Life ann)it& shall be !oid if constit)ted )pon the life of a pe%son who was al%ead& dead at the ti(e the cont%act was ente%ed into- o% who was at that ti(e s)ffe%in' f%o( an illness which ca)sed his death within twent& da&s followin' said date. "18;0# cdtai ARTICLE $;$0.The lack of pa&(ent of the inco(e d)e does not a)tho%i,e the %ecipient of the life ann)it& to de(and the %ei(b)%se(ent of the capital o% to %etake possession of the p%ope%t& alienated- )nless the%e is a stip)lation to the cont%a%&< he shall ha!e onl& a %i'ht 3)diciall& to clai( the pa&(ent of the inco(e in a%%ea%s and to %e5)i%e a sec)%it& fo% the f)t)%e inco(e- )nless the%e is a stip)lation to the cont%a%&. "18;1a# ARTICLE $;$1.The inco(e co%%espondin' to the &ea% in which the pe%son en3o&in' it dies shall be paid in p%opo%tion to the da&s d)%in' which he li!ed< if the inco(e sho)ld be paid b& install(ents in ad!ance- the whole a(o)nt of the install(ent which be'an to %)n d)%in' his life shall be paid. "18;2# ARTICLE $;$2.He who constit)tes an ann)it& b& '%at)ito)s title )pon his p%ope%t&- (a& p%o!ide at the ti(e the ann)it& is established that the sa(e shall not be s)b3ect to e/ec)tion o% attach(ent on acco)nt of the obli'ations of the %ecipient of the ann)it&. If the ann)it& was constit)ted in f%a)d of c%edito%s- the latte% (a& ask fo% the e/ec)tion o% attach(ent of the p%ope%t&. "18;4a# ARTICLE $;$4.No ann)it& shall be clai(ed witho)t fi%st p%o!in' the e/istence of the pe%son )pon whose life the ann)it& is constit)ted. "18;8# TITLE FI? Co(p%o(ises and A%bit%ations CHAPTER 1 Co(p%o(ises ARTICLE $;$8.A co(p%o(ise is a cont%act whe%eb& the pa%ties- b& (akin' %ecip%ocal concessions- a!oid a liti'ation o% p)t an end to one al%ead& co((enced. "18;:a# cdasia ARTICLE $;$:.The co)%t shall endea!o% to pe%s)ade the liti'ants in a ci!il case to a'%ee )pon so(e fai% co(p%o(ise. "n# ARTICLE $;.;.E!e%& ci!il action o% p%oceedin' shall be s)spended>

"1#If willin'ness to disc)ss a possible co(p%o(ise is e/p%essed b& one o% both pa%ties< o% "$#If it appea%s that one of the pa%ties- befo%e the co((ence(ent of the action o% p%oceedin'- offe%ed to disc)ss a possible co(p%o(ise b)t the othe% pa%t& %ef)sed the offe%. The d)%ation and te%(s of the s)spension of the ci!il action o% p%oceedin' and si(ila% (atte%s shall be 'o!e%ned b& s)ch p%o!isions of the %)les of co)%t as the A)p%e(e Co)%t shall p%o()l'ate. Aaid %)les of co)%t shall likewise p%o!ide fo% the appoint(ent and d)ties of a(icable co(po)nde%s. "n# ARTICLE $;.1.The co)%ts (a& (iti'ate the da(a'es to be paid b& the losin' pa%t& who has shown a since%e desi%e fo% a co(p%o(ise. "n# ARTICLE $;.$.The co)%t=s app%o!al is necessa%& in co(p%o(ises ente%ed into b& ')a%dians- pa%ents- absentee=s %ep%esentati!es- and ad(inist%ato%s o% e/ec)to%s of decedent=s estates. "181;a# cdasia ARTICLE $;...9)%idical pe%sons (a& co(p%o(ise onl& in the fo%( and with the %e5)isites which (a& be necessa%& to alienate thei% p%ope%t&. "181$a# ARTICLE $;.0.The%e (a& be a co(p%o(ise )pon the ci!il liabilit& a%isin' f%o( an offense< b)t s)ch co(p%o(ise shall not e/tin')ish the p)blic action fo% the i(position of the le'al penalt&. "181.# ARTICLE $;.1.No co(p%o(ise )pon the followin' 5)estions shall be !alid> "1#The ci!il stat)s of pe%sons< "$#The !alidit& of a (a%%ia'e o% a le'al sepa%ation< ".#An& '%o)nd fo% le'al sepa%ation< "0#B)t)%e s)ppo%t< "1#The 3)%isdiction of co)%ts< "2#B)t)%e le'iti(e. "1810a# ARTICLE $;.2.A co(p%o(ise co(p%ises onl& those ob3ects which a%e definitel& stated the%ein- o% which b& necessa%& i(plication f%o( its te%(s sho)ld be dee(ed to ha!e been incl)ded in the sa(e. A 'ene%al %en)nciation of %i'hts is )nde%stood to %efe% onl& to those that a%e connected with the disp)te which was the s)b3ect of the co(p%o(ise. "1811#

ARTICLE $;.4.A co(p%o(ise has )pon the pa%ties the effect and a)tho%it& of %es 3)dicata< b)t the%e shall be no e/ec)tion e/cept in co(pliance with a 3)dicial co(p%o(ise. "1812# cdtai ARTICLE $;.8.A co(p%o(ise in which the%e is (istake- f%a)d- !iolenceinti(idation- )nd)e infl)ence- o% falsit& of doc)(ents- is s)b3ect to the p%o!isions of a%ticle 1..; of this Code. Howe!e%- one of the pa%ties cannot set )p a (istake of fact as a'ainst the othe% if the latte%- b& !i%t)e of the co(p%o(ise- has withd%awn f%o( a liti'ation al%ead& co((enced. "1814a# ARTICLE $;.:.7hen the pa%ties co(p%o(ise 'ene%all& on all diffe%ences which the& (i'ht ha!e with each othe%- the disco!e%& of doc)(ents %efe%%in' to one o% (o%e b)t not to all of the 5)estions settled shall not itself be a ca)se fo% ann)l(ent o% %escission of the co(p%o(ise- )nless said doc)(ents ha!e been concealed b& one of the pa%ties. C)t the co(p%o(ise (a& be ann)lled o% %escinded if it %efe%s onl& to one thin' to which one of the pa%ties has no %i'ht- as shown b& the newl&6disco!e%ed doc)(ents. "n# ARTICLE $;0;.If afte% a liti'ation has been decided b& a final 3)d'(ent- a co(p%o(ise sho)ld be a'%eed )pon- eithe% o% both pa%ties bein' )nawa%e of the e/istence of the final 3)d'(ent- the co(p%o(ise (a& be %escinded. I'no%ance of a 3)d'(ent which (a& be %e!oked o% set aside is not a !alid '%o)nd fo% attackin' a co(p%o(ise. "181:a# ARTICLE $;01.If one of the pa%ties fails o% %ef)ses to abide b& the co(p%o(isethe othe% pa%t& (a& eithe% enfo%ce the co(p%o(ise o% %e'a%d it as %escinded and insist )pon his o%i'inal de(and. "n# acd CHAPTER $ A%bit%ations ARTICLE $;0$.The sa(e pe%sons who (a& ente% into a co(p%o(ise (a& s)b(it thei% cont%o!e%sies to one o% (o%e a%bit%ato%s fo% decision. "18$;a# ARTICLE $;0..The p%o!isions of the p%ecedin' Chapte% )pon co(p%o(ises shall also be applicable to a%bit%ations. "18$1a# cd ARTICLE $;00.An& stip)lation that the a%bit%ato%s= awa%d o% decision shall be final- is !alid- witho)t p%e3)dice to a%ticles $;.8- $;.:- and $;0;. "n#

ARTICLE $;01.An& cla)se 'i!in' one of the pa%ties powe% to choose (o%e a%bit%ato%s than the othe% is !oid and of no effect. "n# ARTICLE $;02.The appoint(ent of a%bit%ato%s and the p%oced)%e fo% a%bit%ation shall be 'o!e%ned b& the p%o!isions of s)ch %)les of co)%t as the A)p%e(e Co)%t shall p%o()l'ate. "n# cdasia TITLE F? +)a%ant& CHAPTER 1 Nat)%e and E/tent of +)a%ant& ARTICLE $;04.C& ')a%ant& a pe%son- called the ')a%anto%- binds hi(self to the c%edito% to f)lfill the obli'ation of the p%incipal debto% in case the latte% sho)ld fail to do so. If a pe%son binds hi(self solida%il& with the p%incipal debto%- the p%o!isions of Aection 0- Chapte% .- Title I of this Cook shall be obse%!ed. In s)ch case the cont%act is called a s)%et&ship. "18$$a#

ARTICLE $;08.A ')a%ant& is '%at)ito)s- )nless the%e is a stip)lation to the cont%a%&. "n# ARTICLE $;0:.A (a%%ied wo(an (a& ')a%antee an obli'ation witho)t the h)sband=s consent- b)t shall not the%eb& bind the con3)'al pa%tne%ship- e/cept in cases p%o!ided b& law. "n# ARTICLE $;1;.If a ')a%ant& is ente%ed into witho)t the knowled'e o% consent- o% a'ainst the will of the p%incipal debto%- the p%o!isions of a%ticles 1$.2 and 1$.4 shall appl&. "n# ARTICLE $;11.A ')a%ant& (a& be con!entional- le'al o% 3)dicial- '%at)ito)s- o% b& one%o)s title. It (a& also be constit)ted- not onl& in fa!o% of the p%incipal debto%- b)t also in fa!o% of the othe% ')a%anto%- with the latte%=s consent- o% witho)t his knowled'eo% e!en o!e% his ob3ection. "18$.# ARTICLE $;1$.A ')a%ant& cannot e/ist witho)t a !alid obli'ation.

Ne!e%theless- a ')a%ant& (a& be constit)ted to ')a%antee the pe%fo%(ance of a !oidable o% an )nenfo%ceable cont%act. It (a& also ')a%antee a nat)%al obli'ation. "18$0a# ARTICLE $;1..A ')a%ant& (a& also be 'i!en as sec)%it& fo% f)t)%e debts- the a(o)nt of which is not &et known< the%e can be no clai( a'ainst the ')a%anto% )ntil the debt is li5)idated. A conditional obli'ation (a& also be sec)%ed. "18$1a# ARTICLE $;10.A ')a%anto% (a& bind hi(self fo% less- b)t not fo% (o%e than the p%incipal debto%- both as %e'a%ds the a(o)nt and the one%o)s nat)%e of the conditions. Aho)ld he ha!e bo)nd hi(self fo% (o%e- his obli'ations shall be %ed)ced to the li(its of that of the debto%. "18$2# aisa dc ARTICLE $;11.A ')a%ant& is not p%es)(ed< it ()st be e/p%ess and cannot e/tend to (o%e than what is stip)lated the%ein. If it be si(ple o% indefinite- it shall co(p%ise not onl& the p%incipal obli'ation- b)t also all its accesso%ies- incl)din' the 3)dicial costs- p%o!ided with %espect to the latte%- that the ')a%anto% shall onl& be liable fo% those costs inc)%%ed afte% he has been 3)diciall& %e5)i%ed to pa&. "18$4a# ARTICLE $;12.*ne who is obli'ed to f)%nish a ')a%anto% shall p%esent a pe%son who possesses inte'%it&- capacit& to bind hi(self- and s)fficient p%ope%t& to answe% fo% the obli'ation which he ')a%antees. The ')a%anto% shall be s)b3ect to the 3)%isdiction of the co)%t of the place whe%e this obli'ation is to be co(plied with. "18$8a# ARTICLE $;14.If the ')a%anto% sho)ld be con!icted in fi%st instance of a c%i(e in!ol!in' dishonest& o% sho)ld beco(e insol!ent- the c%edito% (a& de(and anothe% who has all the 5)alifications %e5)i%ed in the p%ecedin' a%ticle. The case is e/cepted whe%e the c%edito% has %e5)i%ed and stip)lated that a specified pe%son sho)ld be the ')a%anto%. "18$:a# CHAPTER $ Effects of +)a%ant& AECTI*N 1 Effects of +)a%ant& Cetween the +)a%anto% and the C%edito% ARTICLE $;18.The ')a%anto% cannot be co(pelled to pa& the c%edito% )nless the latte% has e/ha)sted all the p%ope%t& of the debto%- and has %eso%ted to all the le'al %e(edies a'ainst the debto%. "18.;a# cda

ARTICLE $;1:.This e/c)ssion shall not take place> "1#If the ')a%anto% has e/p%essl& %eno)nced it< "$#If he has bo)nd hi(self solida%il& with the debto%< ".#In case of insol!enc& of the debto%< "0#7hen he has absconded- o% cannot be s)ed within the Philippines )nless he has left a (ana'e% o% %ep%esentati!e< "1#If it (a& be p%es)(ed that an e/ec)tion on the p%ope%t& of the p%incipal debto% wo)ld not %es)lt in the satisfaction of the obli'ation. "18.1a# ARTICLE $;2;.In o%de% that the ')a%anto% (a& (ake )se of the benefit of e/c)ssion- he ()st set it )p a'ainst the c%edito% )pon the latte%=s de(and fo% pa&(ent f%o( hi(- and point o)t to the c%edito% a!ailable p%ope%t& of the debto% within Philippine te%%ito%&- s)fficient to co!e% the a(o)nt of the debt. "18.$# ARTICLE $;21.The ')a%anto% ha!in' f)lfilled all the conditions %e5)i%ed in the p%ecedin' a%ticle- the c%edito% who is ne'li'ent in e/ha)stin' the p%ope%t& pointed o)t shall s)ffe% the loss- to the e/tent of said p%ope%t&- fo% the insol!enc& of the debto% %es)ltin' f%o( s)ch ne'li'ence. "18..a# ARTICLE $;2$.In e!e%& action b& the c%edito%- which ()st be a'ainst the p%incipal debto% alone- e/cept in the cases (entioned in a%ticle $;1:- the fo%(e% shall ask the co)%t to notif& the ')a%anto% of the action. The ')a%anto% (a& appea% so that he (a&- if he so desi%e- set )p s)ch defenses as a%e '%anted hi( b& law. The benefit of e/c)ssion (entioned in a%ticle $;18 shall alwa&s be )ni(pai%ed- e!en if 3)d'(ent sho)ld be %ende%ed a'ainst the p%incipal debto% and the ')a%anto% in case of appea%ance b& the latte%. "18.0a# cda ARTICLE $;2..A co(p%o(ise between the c%edito% and the p%incipal debto% benefits the ')a%anto% b)t does not p%e3)dice hi(. That which is ente%ed into between the ')a%anto% and the c%edito% benefits b)t does not p%e3)dice the p%incipal debto%. "18.1a# ARTICLE $;20.The ')a%anto% of a ')a%anto% shall en3o& the benefit of e/c)ssionboth with %espect to the ')a%anto% and to the p%incipal debto%. "18.2# ARTICLE $;21.Aho)ld the%e be se!e%al ')a%anto%s of onl& one debto% and fo% the sa(e debt- the obli'ation to answe% fo% the sa(e is di!ided a(on' all. The c%edito% cannot clai( f%o( the ')a%anto%s e/cept the sha%es which the& a%e %especti!el& bo)nd to pa&- )nless solida%it& has been e/p%essl& stip)lated.

The benefit of di!ision a'ainst the co6')a%anto%s ceases in the sa(e cases and fo% the sa(e %easons as the benefit of e/c)ssion a'ainst the p%incipal debto%. "18.4# AECTI*N $ Effects of +)a%ant& Cetween the Eebto% and the +)a%anto% ARTICLE $;22.The ')a%anto% who pa&s fo% a debto% ()st be inde(nified b& the latte%. The inde(nit& co(p%ises> "1#The total a(o)nt of the debt< cdtai "$#The le'al inte%ests the%eon f%o( the ti(e the pa&(ent was (ade known to the debto%- e!en tho)'h it did not ea%n inte%est fo% the c%edito%< ".#The e/penses inc)%%ed b& the ')a%anto% afte% ha!in' notified the debto% that pa&(ent had been de(anded of hi(< "0#Ea(a'es- if the& a%e d)e. "18.8a# ARTICLE $;24.The ')a%anto% who pa&s is s)b%o'ated b& !i%t)e the%eof to all the %i'hts which the c%edito% had a'ainst the debto%. If the ')a%anto% has co(p%o(ised with the c%edito%- he cannot de(and of the debto% (o%e than what he has %eall& paid. "18.:# ARTICLE $;28.If the ')a%anto% sho)ld pa& witho)t notif&in' the debto%- the latte% (a& enfo%ce a'ainst hi( all the defenses which he co)ld ha!e set )p a'ainst the c%edito% at the ti(e the pa&(ent was (ade. "180;# ARTICLE $;2:.If the debt was fo% a pe%iod and the ')a%anto% paid it befo%e it beca(e d)e- he cannot de(and %ei(b)%se(ent of the debto% )ntil the e/pi%ation of the pe%iod )nless the pa&(ent has been %atified b& the debto%. "1801a# cdasia ARTICLE $;4;.If the ')a%anto% has paid witho)t notif&in' the debto%- and the latte% not bein' awa%e of the pa&(ent- %epeats the pa&(ent- the fo%(e% has no %e(ed& whate!e% a'ainst the debto%- b)t onl& a'ainst the c%edito%. Ne!e%thelessin case of a '%at)ito)s ')a%ant&- if the ')a%anto% was p%e!ented b& a fo%t)ito)s e!ent f%o( ad!isin' the debto% of the pa&(ent- and the c%edito% beco(es insol!ent- the debto% shall %ei(b)%se the ')a%anto% fo% the a(o)nt paid. "180$a# ARTICLE $;41.The ')a%anto%- e!en befo%e ha!in' paid- (a& p%oceed a'ainst the p%incipal debto%>

"1#7hen he is s)ed fo% the pa&(ent< "$#In case of insol!enc& of the p%incipal debto%< ".#7hen the debto% has bo)nd hi(self to %elie!e hi( f%o( the ')a%ant& within a specified pe%iod- and this pe%iod has e/pi%ed< "0#7hen the debt has beco(e de(andable- b& %eason of the e/pi%ation of the pe%iod fo% pa&(ent< "1#Afte% the lapse of ten &ea%s- when the p%incipal obli'ation has no fi/ed pe%iod fo% its (at)%it&- )nless it be of s)ch nat)%e that it cannot be e/tin')ished e/cept within a pe%iod lon'e% than ten &ea%s< "2#If the%e a%e %easonable '%o)nds to fea% that the p%incipal debto% intends to abscond< "4#If the p%incipal debto% is in i((inent dan'e% of beco(in' insol!ent. In all these cases- the action of the ')a%anto% is to obtain %elease f%o( the ')a%ant&- o% to de(and a sec)%it& that shall p%otect hi( f%o( an& p%oceedin's b& the c%edito% and f%o( the dan'e% of insol!enc& of the debto%. "180.a# ARTICLE $;4$.If one- at the %e5)est of anothe%- beco(es a ')a%anto% fo% the debt of a thi%d pe%son who is not p%esent- the ')a%anto% who satisfies the debt (a& s)e eithe% the pe%son so %e5)estin' o% the debto% fo% %ei(b)%se(ent. "n# aisa dc AECTI*N . Effects of +)a%ant& as Cetween Co6+)a%anto%s ARTICLE $;4..7hen the%e a%e two o% (o%e ')a%anto%s of the sa(e debto% and fo% the sa(e debt- the one a(on' the( who has paid (a& de(and of each of the othe%s the sha%e which is p%opo%tionall& owin' f%o( hi(. If an& of the ')a%anto%s sho)ld be insol!ent- his sha%e shall be bo%ne b& the othe%s- incl)din' the pa&e%- in the sa(e p%opo%tion. The p%o!isions of this a%ticle shall not be applicable- )nless the pa&(ent has been (ade in !i%t)e of a 3)dicial de(and o% )nless the p%incipal debto% is insol!ent. "1800a# ARTICLE $;40.In the case of the p%ecedin' a%ticle- the co6')a%anto%s (a& set )p a'ainst the one who paid- the sa(e defenses which wo)ld ha!e pe%tained to the

p%incipal debto% a'ainst the c%edito%- and which a%e not p)%el& pe%sonal to the debto%. "1801# ARTICLE $;41.A s)b6')a%anto%- in case of the insol!enc& of the ')a%anto% fo% who( he bo)nd hi(self- is %esponsible to the co6')a%anto%s in the sa(e te%(s as the ')a%anto%. "1802# CHAPTER . E/tin')ish(ent of +)a%ant& ARTICLE $;42.The obli'ation of the ')a%anto% is e/tin')ished at the sa(e ti(e as that of the debto%- and fo% the sa(e ca)ses as all othe% obli'ations. "1804# ARTICLE $;44.If the c%edito% !ol)nta%il& accepts i((o!able o% othe% p%ope%t& in pa&(ent of the debt- e!en if he sho)ld afte%wa%ds lose the sa(e th%o)'h e!iction- the ')a%anto% is %eleased. "180:# cd i ARTICLE $;48.A %elease (ade b& the c%edito% in fa!o% of one of the ')a%anto%switho)t the consent of the othe%s- benefits all to the e/tent of the sha%e of the ')a%anto% to who( it has been '%anted. "181;# ARTICLE $;4:.An e/tension '%anted to the debto% b& the c%edito% witho)t the consent of the ')a%anto% e/tin')ishes the ')a%ant&. The (e%e fail)%e on the pa%t of the c%edito% to de(and pa&(ent afte% the debt has beco(e d)e does not of itself constit)te an& e/tension of ti(e %efe%%ed to he%ein. "1811a#

ARTICLE $;8;.The ')a%anto%s- e!en tho)'h the& be solida%&- a%e %eleased f%o( thei% obli'ation whene!e% b& so(e act of the c%edito% the& cannot be s)b%o'ated to the %i'hts- (o%t'a'es- and p%efe%ences of the latte%. "181$# ARTICLE $;81.The ')a%anto% (a& set )p a'ainst the c%edito% all the defenses which pe%tain to the p%incipal debto% and a%e inhe%ent in the debt< b)t not those that a%e p)%el& pe%sonal to the debto%. "181.# CHAPTER 0 Le'al and 9)dicial Conds ARTICLE $;8$.The bonds(an who is to be offe%ed in !i%t)e of a p%o!ision of law o% of a 3)dicial o%de% shall ha!e the 5)alifications p%esc%ibed in a%ticle $;12 and in special laws. "1810a#

ARTICLE $;8..If the pe%son bo)nd to 'i!e a bond in the cases of the p%ecedin' a%ticle- sho)ld not be able to do so- a pled'e o% (o%t'a'e conside%ed s)fficient to co!e% his obli'ation shall be ad(itted in lie) the%eof. "1811# aisa dc ARTICLE $;80.A 3)dicial bonds(an cannot de(and the e/ha)stion of the p%ope%t& of the p%incipal debto%. A s)b6s)%et& in the sa(e case- cannot de(and the e/ha)stion of the p%ope%t& of the debto% o% of the s)%et&. TITLE F?I Pled'e- Mo%t'a'e and Antich%esis CHAPTER 1 P%o!isions Co((on to Pled'e and Mo%t'a'e ARTICLE $;81.The followin' %e5)isites a%e essential to the cont%acts of pled'e and (o%t'a'e> "1#That the& be constit)ted to sec)%e the f)lfill(ent of a p%incipal obli'ation< "$#That the pled'o% o% (o%t'a'o% be the absol)te owne% of the thin' pled'ed o% (o%t'a'ed< ".#That the pe%sons constit)tin' the pled'e o% (o%t'a'e ha!e the f%ee disposal of thei% p%ope%t&- and in the absence the%eof- that the& be le'all& a)tho%i,ed fo% the p)%pose. Thi%d pe%sons who a%e not pa%ties to the p%incipal obli'ation (a& sec)%e the latte% b& pled'in' o% (o%t'a'in' thei% own p%ope%t&. "1814# ARTICLE $;82.The p%o!isions of a%ticle $;1$ a%e applicable to a pled'e o% (o%t'a'e. "n# cda ARTICLE $;84.It is also of the essence of these cont%acts that when the p%incipal obli'ation beco(es d)e- the thin's in which the pled'e o% (o%t'a'e consists (a& be alienated fo% the pa&(ent to the c%edito%. "1818# ARTICLE $;88.The c%edito% cannot app%op%iate the thin's 'i!en b& wa& of pled'e o% (o%t'a'e- o% dispose of the(. An& stip)lation to the cont%a%& is n)ll and !oid. "181:a# ARTICLE $;8:.A pled'e o% (o%t'a'e is indi!isible- e!en tho)'h the debt (a& be di!ided a(on' the s)ccesso%s in inte%est of the debto% o% of the c%edito%.

The%efo%e- the debto%=s hei% who has paid a pa%t of the debt cannot ask fo% the p%opo%tionate e/tin')ish(ent of the pled'e o% (o%t'a'e as lon' as the debt is not co(pletel& satisfied. Neithe% can the c%edito%=s hei% who %ecei!ed his sha%e of the debt %et)%n the pled'e o% cancel the (o%t'a'e- to the p%e3)dice of the othe% hei%s who ha!e not been paid. B%o( these p%o!isions is e/cepted the case in which- the%e bein' se!e%al thin's 'i!en in (o%t'a'e o% pled'e- each one of the( ')a%antees onl& a dete%(inate po%tion of the c%edit. The debto%- in this case- shall ha!e a %i'ht to the e/tin')ish(ent of the pled'e o% (o%t'a'e as the po%tion of the debt fo% which each thin' is speciall& answe%able is satisfied. "182;# ARTICLE $;:;.The indi!isibilit& of a pled'e o% (o%t'a'e is not affected b& the fact that the debto%s a%e not solida%il& liable. "n# cdt ARTICLE $;:1.The cont%act of pled'e o% (o%t'a'e (a& sec)%e all kinds of obli'ations- be the& p)%e o% s)b3ect to a s)spensi!e o% %esol)to%& condition. "1821# ARTICLE $;:$.A p%o(ise to constit)te a pled'e o% (o%t'a'e 'i!es %ise onl& to a pe%sonal action between the cont%actin' pa%ties- witho)t p%e3)dice to the c%i(inal %esponsibilit& inc)%%ed b& hi( who def%a)ds anothe%- b& offe%in' in pled'e o% (o%t'a'e as )nenc)(be%ed- thin's which he knew we%e s)b3ect to so(e b)%deno% b& (is%ep%esentin' hi(self to be the owne% of the sa(e. "182$# CHAPTER $ Pled'e ARTICLE $;:..In addition to the %e5)isites p%esc%ibed in a%ticle $;81- it is necessa%&- in o%de% to constit)te the cont%act of pled'e- that the thin' pled'ed be placed in the possession of the c%edito%- o% of a thi%d pe%son b& co((on a'%ee(ent. "182.# ARTICLE $;:0.All (o!ables which a%e within co((e%ce (a& be pled'edp%o!ided the& a%e s)sceptible of possession. "1820# ARTICLE $;:1.Inco%po%eal %i'hts- e!idenced b& ne'otiable inst%)(ents- bills of ladin'- sha%es of stock- bonds- wa%eho)se %eceipts and si(ila% doc)(ents (a& also be pled'ed. The inst%)(ent p%o!in' the %i'ht pled'ed shall be deli!e%ed to the c%edito%- and if ne'otiable- ()st be indo%sed. "n#

ARTICLE $;:2.A pled'e shall not take effect a'ainst thi%d pe%sons if a desc%iption of the thin' pled'ed and the date of the pled'e do not appea% in a p)blic inst%)(ent. "1821a# ARTICLE $;:4.7ith the consent of the pled'ee- the thin' pled'ed (a& be alienated b& the pled'o% o% owne%- s)b3ect to the pled'e. The owne%ship of the thin' pled'ed is t%ans(itted to the !endee o% t%ansfe%ee as soon as the pled'ee consents to the alienation- b)t the latte% shall contin)e in possession. "n# ARTICLE $;:8.The cont%act of pled'e 'i!es a %i'ht to the c%edito% to %etain the thin' in his possession o% in that of a thi%d pe%son to who( it has been deli!e%ed)ntil the debt is paid. "1822a# ARTICLE $;::.The c%edito% shall take ca%e of the thin' pled'ed with the dili'ence of a 'ood fathe% of a fa(il&< he has a %i'ht to the %ei(b)%se(ent of the e/penses (ade fo% its p%ese%!ation- and is liable fo% its loss o% dete%io%ation- in confo%(it& with the p%o!isions of this Code. "1824# acd ARTICLE $1;;.The pled'ee cannot deposit the thin' pled'ed with a thi%d pe%son- )nless the%e is a stip)lation a)tho%i,in' hi( to do so. The pled'ee is %esponsible fo% the acts of his a'ents o% e(plo&ees with %espect to the thin' pled'ed. "n# ARTICLE $1;1.The pled'o% has the sa(e %esponsibilit& as a bailo% in co((odat)( in the case )nde% a%ticle 1:11. "n# ARTICLE $1;$.If the pled'e ea%ns o% p%od)ces f%)its- inco(e- di!idends- o% inte%ests- the c%edito% shall co(pensate what he %ecei!es with those which a%e owin' hi(< b)t if none a%e owin' hi(- o% insofa% as the a(o)nt (a& e/ceed that which is d)e- he shall appl& it to the p%incipal. @nless the%e is a stip)lation to the cont%a%&- the pled'e shall e/tend to the inte%est and ea%nin's of the %i'ht pled'ed. In case of a pled'e of ani(als- thei% offsp%in' shall pe%tain to the pled'o% o% owne% of ani(als pled'ed- b)t shall be s)b3ect to the pled'e- if the%e is no stip)lation to the cont%a%&. "1828a# ARTICLE $1;..@nless the thin' pled'ed is e/p%op%iated- the debto% contin)es to be the owne% the%eof. Ne!e%theless- the c%edito% (a& b%in' the actions which pe%tain to the owne% of the thin' pled'ed in o%de% to %eco!e% it f%o(- o% defend it a'ainst a thi%d pe%son. "182:#

ARTICLE $1;0.The c%edito% cannot )se the thin' pled'ed- witho)t the a)tho%it& of the owne%- and if he sho)ld do so- o% sho)ld (is)se the thin' in an& othe% wa&the owne% (a& ask that it be 3)diciall& o% e/t%a3)diciall& deposited. 7hen the p%ese%!ation of the thin' pled'ed %e5)i%es its )se- it ()st be )sed b& the c%edito% b)t onl& fo% that p)%pose. "184;a# cdt ARTICLE $1;1.The debto% cannot ask fo% the %et)%n of the thin' pled'ed a'ainst the will of the c%edito%- )nless and )ntil he has paid the debt and its inte%est- with e/penses in a p%ope% case. "1841# ARTICLE $1;2.If th%o)'h the ne'li'ence o% wilf)l act of the pled'ee- the thin' pled'ed is in dan'e% of bein' lost o% i(pai%ed- the pled'o% (a& %e5)i%e that it be deposited with a thi%d pe%son. "n# ARTICLE $1;4.If the%e a%e %easonable '%o)nds to fea% the dest%)ction o% i(pai%(ent of the thin' pled'ed- witho)t the fa)lt of the pled'ee- the pled'o% (a& de(and the %et)%n of the thin'- )pon offe%in' anothe% thin' in pled'e- p%o!ided the latte% is of the sa(e kind as the fo%(e% and not of infe%io% 5)alit&- and witho)t p%e3)dice to the %i'ht of the pled'ee )nde% the p%o!isions of the followin' a%ticle. The pled'ee is bo)nd to ad!ise the pled'o%- witho)t dela&- of an& dan'e% to the thin' pled'ed. "n# ARTICLE $1;8.If- witho)t the fa)lt of the pled'ee- the%e is dan'e% of dest%)ctioni(pai%(ent- o% di(in)tion in !al)e of the thin' pled'ed- he (a& ca)se the sa(e to be sold at a p)blic sale. The p%oceeds of the a)ction shall be a sec)%it& fo% the p%incipal obli'ation in the sa(e (anne% as the thin' o%i'inall& pled'ed. "n# ARTICLE $1;:.If the c%edito% is decei!ed on the s)bstance o% 5)alit& of the thin' pled'ed- he (a& eithe% clai( anothe% thin' in its stead- o% de(and i((ediate pa&(ent of the p%incipal obli'ation. "n# ARTICLE $11;.If the thin' pled'ed is %et)%ned b& the pled'ee to the pled'o% o% owne%- the pled'e is e/tin')ished. An& stip)lation to the cont%a%& shall be !oid. If s)bse5)ent to the pe%fection of the pled'e- the thin' is in the possession of the pled'o% o% owne%- the%e is a p%i(a facie p%es)(ption that the sa(e has been %et)%ned b& the pled'ee. This sa(e p%es)(ption e/ists if the thin' pled'ed is in the possession of a thi%d pe%son who has %ecei!ed it f%o( the pled'o% o% owne% afte% the constit)tion of the pled'e. "n# ARTICLE $111.A state(ent in w%itin' b& the pled'ee that he %eno)nces o% abandons the pled'e is s)fficient to e/tin')ish the pled'e. Bo% this p)%poseneithe% the acceptance b& the pled'o% o% owne%- no% the %et)%n of the thin' pled'ed is necessa%&- the pled'ee beco(in' a deposita%&. "n#

ARTICLE $11$.The c%edito% to who( the c%edit has not been satisfied in d)e ti(e- (a& p%oceed befo%e a Nota%& P)blic to the sale of the thin' pled'ed. This sale shall be (ade at a p)blic a)ction- and with notification to the debto% and the owne% of the thin' pled'ed in a p%ope% case- statin' the a(o)nt fo% which the p)blic sale is to be held. If at the fi%st a)ction the thin' is not sold- a second one with the sa(e fo%(alities shall be held< and if at the second a)ction the%e is no sale eithe%- the c%edito% (a& app%op%iate the thin' pled'ed. In this case he shall be obli'ed to 'i!e an ac5)ittance fo% his enti%e clai(. "184$a# acd ARTICLE $11..At the p)blic a)ction- the pled'o% o% owne% (a& bid. He shall(o%eo!e%- ha!e a bette% %i'ht if he sho)ld offe% the sa(e te%(s as the hi'hest bidde%.

The pled'ee (a& also bid- b)t his offe% shall not be !alid if he is the onl& bidde%. "n# ARTICLE $110.All bids at the p)blic a)ction shall offe% to pa& the p)%chase p%ice at once. If an& othe% bid is accepted- the pled'ee is dee(ed to ha!e been %ecei!ed the p)%chase p%ice- as fa% as the pled'o% o% owne% is conce%ned. "n# ARTICLE $111.The sale of the thin' pled'ed shall e/tin')ish the p%incipal obli'ation- whethe% o% not the p%oceeds of the sale a%e e5)al to the a(o)nt of the p%incipal obli'ation- inte%est and e/penses in a p%ope% case. If the p%ice of the sale is (o%e than said a(o)nt- the debto% shall not be entitled to the e/cess)nless it is othe%wise a'%eed. If the p%ice of the sale is less- neithe% shall the c%edito% be entitled to %eco!e% the deficienc&- notwithstandin' an& stip)lation to the cont%a%&. "n# ARTICLE $112.Afte% the p)blic a)ction- the pled'ee shall p%o(ptl& ad!ise the pled'o% o% owne% of the %es)lt the%eof. "n# ARTICLE $114.An& thi%d pe%son who has an& %i'ht in o% to the thin' pled'ed (a& satisf& the p%incipal obli'ation as soon as the latte% beco(es d)e and de(andable. "n# ARTICLE $118.If a c%edit which has been pled'ed beco(es d)e befo%e it is %edee(ed- the pled'ee (a& collect and %ecei!e the a(o)nt d)e. He shall appl& the sa(e to the pa&(ent of his clai(- and deli!e% the s)%pl)s- sho)ld the%e be an&- to the pled'o%. "n# acd ARTICLE $11:.If two o% (o%e thin's a%e pled'ed- the pled'ee (a& choose which he will ca)se to be sold- )nless the%e is a stip)lation to the cont%a%&. He (a& de(and the sale of onl& as (an& of the thin's as a%e necessa%& fo% the pa&(ent of the debt. "n#

ARTICLE $1$;.If a thi%d pa%t& sec)%es an obli'ation b& pled'in' his own (o!able p%ope%t& )nde% the p%o!isions of a%ticle $;81 he shall ha!e the sa(e %i'hts as a ')a%anto% )nde% a%ticles $;22 to $;4;- and a%ticles $;44 to $;81. He is not p%e3)diced b& an& wai!e% of defense b& the p%incipal obli'o%. "n# ARTICLE $1$1.Pled'es c%eated b& ope%ation of law- s)ch as those %efe%%ed to in a%ticles 102- 14.1- and 1::0- a%e 'o!e%ned b& the fo%e'oin' a%ticles on the possession- ca%e and sale of the thin' as well as on the te%(ination of the pled'e. Howe!e%- afte% pa&(ent of the debt and e/penses- the %e(ainde% of the p%ice of the sale shall be deli!e%ed to the obli'o%. "n# ARTICLE $1$$.A thin' )nde% a pled'e b& ope%ation of law (a& be sold onl& afte% de(and of the a(o)nt fo% which the thin' is %etained. The p)blic a)ction shall take place within one (onth afte% s)ch de(and. If- witho)t 3)st '%o)nds- the c%edito% does not ca)se the p)blic sale to be held within s)ch pe%iod- the debto% (a& %e5)i%e the %et)%n of the thin'. "n# ARTICLE $1$..7ith %e'a%d to pawnshops and othe% establish(ents- which a%e en'a'ed in (akin' loans sec)%ed b& pled'es- the special laws and %e')lations conce%nin' the( shall be obse%!ed- and s)bsidia%il&- the p%o!isions of this Title. "184.a# CHAPTER . Mo%t'a'e ARTICLE $1$0.*nl& the followin' p%ope%t& (a& be the ob3ect of a cont%act of (o%t'a'e> cdtai "1#I((o!ables< "$#Alienable %eal %i'hts in acco%dance with the laws- i(posed )pon i((o!ables. Ne!e%theless- (o!ables (a& be the ob3ect of a chattel (o%t'a'e. "1840a# ARTICLE $1$1.In addition to the %e5)isites stated in a%ticle $;81- it is indispensable- in o%de% that a (o%t'a'e (a& be !alidl& constit)ted- that the doc)(ent in which it appea%s be %eco%ded in the Re'ist%& of P%ope%t&. If the inst%)(ent is not %eco%ded- the (o%t'a'e is ne!e%theless bindin' between the pa%ties. The pe%sons in whose fa!o% the law establishes a (o%t'a'e ha!e no othe% %i'ht than to de(and the e/ec)tion and the %eco%din' of the doc)(ent in which the (o%t'a'e is fo%(ali,ed. "1841a#

ARTICLE $1$2.The (o%t'a'e di%ectl& and i((ediatel& s)b3ects the p%ope%t& )pon which it is i(posed- whoe!e% the possesso% (a& be- to the f)lfill(ent of the obli'ation fo% whose sec)%it& it was constit)ted. "1842# ARTICLE $1$4.The (o%t'a'e e/tends to the nat)%al accessions- to the i(p%o!e(ents- '%owin' f%)its- and the %ents o% inco(e not &et %ecei!ed when the obli'ation beco(es d)e- and to the a(o)nt of the inde(nit& '%anted o% owin' to the p%op%ieto% f%o( the ins)%e%s of the p%ope%t& (o%t'a'ed- o% in !i%t)e of e/p%op%iation fo% p)blic )se- with the decla%ations- a(plifications and li(itations established b& law- whethe% the estate %e(ains in the possession of the (o%t'a'o%- o% it passes into the hands of a thi%d pe%son. "1844# cdtai ARTICLE $1$8.The (o%t'a'e c%edit (a& be alienated o% assi'ned to a thi%d pe%son- in whole o% in pa%t- with the fo%(alities %e5)i%ed b& law. "1848# ARTICLE $1$:.The c%edito% (a& clai( f%o( a thi%d pe%son in possession of the (o%t'a'ed p%ope%t&- the pa&(ent of the pa%t of the c%edit sec)%ed b& the p%ope%t& which said thi%d pe%son possesses- in the te%(s and with the fo%(alities which the law establishes. "184:# ARTICLE $1.;.A stip)lation fo%biddin' the owne% f%o( alienatin' the i((o!able (o%t'a'ed shall be !oid. "n# ARTICLE $1.1.The fo%(- e/tent and conse5)ences of a (o%t'a'e- both as to its constit)tion- (odification and e/tin')ish(ent- and as to othe% (atte%s not incl)ded in this Chapte%- shall be 'o!e%ned b& the p%o!isions of the Mo%t'a'e Law and of the Land Re'ist%ation Law. "188;a# CHAPTER 0 Antich%esis ARTICLE $1.$.C& the cont%act of antich%esis the c%edito% ac5)i%es the %i'ht to %ecei!e the f%)its of an i((o!able of his debto%- with the obli'ation to appl& the( to the pa&(ent of the inte%est- if owin'- and the%eafte% to the p%incipal of his c%edit. "1881# ARTICLE $1...The act)al (a%ket !al)e of the f%)its at the ti(e of the application the%eof to the inte%est and p%incipal shall be the (eas)%e of s)ch application. "n# ARTICLE $1.0.The a(o)nt of the p%incipal and of the inte%est shall be specified in w%itin'< othe%wise- the cont%act of antich%esis shall be !oid. "n# aisa dc ARTICLE $1.1.The c%edito%- )nless the%e is a stip)lation to the cont%a%&- is obli'ed to pa& the ta/es and cha%'es )pon the estate.

He is also bo)nd to bea% the e/penses necessa%& fo% its p%ese%!ation and %epai%. The s)(s spent fo% the p)%poses stated in this a%ticle shall be ded)cted f%o( the f%)its. "188$# ARTICLE $1.2.The debto% cannot %eac5)i%e the en3o&(ent of the i((o!able witho)t fi%st ha!in' totall& paid what he owes the c%edito%. C)t the latte%- in o%de% to e/e(pt hi(self f%o( the obli'ations i(posed )pon hi( b& the p%ecedin' a%ticle- (a& alwa&s co(pel the debto% to ente% a'ain )pon the en3o&(ent of the p%ope%t&- e/cept when the%e is a stip)lation to the cont%a%&. "188.# ARTICLE $1.4.The c%edito% does not ac5)i%e the owne%ship of the %eal estate fo% non6pa&(ent of the debt within the pe%iod a'%eed )pon. E!e%& stip)lation to the cont%a%& shall be !oid. C)t the c%edito% (a& petition the co)%t fo% the pa&(ent of the debt o% the sale of the %eal p%ope%t&. In this case- the R)les of Co)%t on the fo%eclos)%e of (o%t'a'es shall appl&. "1880a# acd ARTICLE $1.8.The cont%actin' pa%ties (a& stip)late that the inte%est )pon the debt be co(pensated with the f%)its of the p%ope%t& which is the ob3ect of the antich%esis- p%o!ided that if the !al)e of the f%)its sho)ld e/ceed the a(o)nt of inte%est allowed b& the laws a'ainst )s)%&- the e/cess shall be applied to the p%incipal. "1881a# ARTICLE $1.:.The last pa%a'%aph of a%ticle $;81- and a%ticles $;8: to $;:1 a%e applicable to this cont%act. "1882a# CHAPTER 1 Chattel Mo%t'a'e ARTICLE $10;.C& a chattel (o%t'a'e- pe%sonal p%ope%t& is %eco%ded in the Chattel Mo%t'a'e Re'iste% as a sec)%it& fo% the pe%fo%(ance of an obli'ation. If the (o!able- instead of bein' %eco%ded- is deli!e%ed to the c%edito% o% a thi%d pe%son- the cont%act is a pled'e and not a chattel (o%t'a'e. "n# ARTICLE $101.The p%o!isions of this Code on pled'e- insofa% as the& a%e not in conflict with the Chattel Mo%t'a'e Law- shall be applicable to chattel (o%t'a'es. "n# TITLE F?II E/t%a6cont%act)al *bli'ations

CHAPTER 1 G)asi6cont%acts ARTICLE $10$.Ce%tain lawf)l- !ol)nta%& and )nilate%al acts 'i!e %ise to the 3)%idical %elation of 5)asi6cont%act to the end that no one shall be )n3)stl& en%iched o% benefited at the e/pense of anothe%. "n# ARTICLE $10..The p%o!isions fo% 5)asi6cont%acts in this Chapte% do not e/cl)de othe% 5)asi6cont%acts which (a& co(e within the p)%!iew of the p%ecedin' a%ticle. "n# AECTI*N 1 Ne'otio%)( +estio ARTICLE $100.7hoe!e% !ol)nta%il& takes cha%'e of the a'enc& o% (ana'e(ent of the b)siness o% p%ope%t& of anothe%- witho)t an& powe% f%o( the latte%- is obli'ed to contin)e the sa(e )ntil the te%(ination of the affai% and its incidents- o% to %e5)i%e the pe%son conce%ned to s)bstit)te hi(- if the owne% is in a position to do so. This 3)%idical %elation does not a%ise in eithe% of these instances> casia "1#7hen the p%ope%t& o% b)siness is not ne'lected o% abandoned< "$#If in fact the (ana'e% has been tacitl& a)tho%i,ed b& the owne%. In the fi%st case- the p%o!isions of a%ticles 1.14- 10;.- No. 1- and 10;0 %e'a%din' )na)tho%i,ed cont%acts shall 'o!e%n. In the second case- the %)les on a'enc& in Title F of this Cook shall be applicable. "1888a# ARTICLE $101.The officio)s (ana'e% shall pe%fo%( his d)ties with all the dili'ence of a 'ood fathe% of a fa(il&- and pa& the da(a'es which th%o)'h his fa)lt o% ne'li'ence (a& be s)ffe%ed b& the owne% of the p%ope%t& o% b)siness )nde% (ana'e(ent. The co)%ts (a&- howe!e%- inc%ease o% (ode%ate the inde(nit& acco%din' to the ci%c)(stances of each case. "188:a# ARTICLE $102.If the officio)s (ana'e% dele'ates to anothe% pe%son all o% so(e of his d)ties- he shall be liable fo% the acts of the dele'ate- witho)t p%e3)dice to the di%ect obli'ation of the latte% towa%d the owne% of the b)siness.

The %esponsibilit& of two o% (o%e officio)s (ana'e%s shall be solida%&- )nless the (ana'e(ent was ass)(ed to sa!e the thin' o% b)siness f%o( i((inent dan'e%. "18:;a# ARTICLE $104.The officio)s (ana'e% shall be liable fo% an& fo%t)ito)s e!ent> "1#If he )nde%takes %isk& ope%ations which the owne% was not acc)sto(ed to e(ba%k )pon<

"$#If he has p%efe%%ed his own inte%est to that of the owne%< ".#If he fails to %et)%n the p%ope%t& o% b)siness afte% de(and b& the owne%< "0#If he ass)(ed the (ana'e(ent in bad faith. "18:1a# ARTICLE $108.E/cept when the (ana'e(ent was ass)(ed to sa!e the p%ope%t& o% b)siness f%o( i((inent dan'e%- the officio)s (ana'e% shall be liable fo% fo%t)ito)s e!ents> "1#If he is (anifestl& )nfit to ca%%& on the (ana'e(ent< "$#If b& his inte%!ention he p%e!ented a (o%e co(petent pe%son f%o( takin' )p the (ana'e(ent. "n# cd ARTICLE $10:.The %atification of the (ana'e(ent b& the owne% of the b)siness p%od)ces the effects of an e/p%ess a'enc&- e!en if the b)siness (a& not ha!e been s)ccessf)l. "18:$a# ARTICLE $11;.Altho)'h the officio)s (ana'e(ent (a& not ha!e been e/p%essl& %atified- the owne% of the p%ope%t& o% b)siness who en3o&s the ad!anta'es of the sa(e shall be liable fo% obli'ations inc)%%ed in his inte%est- and shall %ei(b)%se the officio)s (ana'e% fo% the necessa%& and )sef)l e/penses and fo% the da(a'es which the latte% (a& ha!e s)ffe%ed in the pe%fo%(ance of his d)ties. The sa(e obli'ation shall be inc)(bent )pon hi( when the (ana'e(ent had fo% its p)%pose the p%e!ention of an i((inent and (anifest loss- altho)'h no benefit (a& ha!e been de%i!ed. "18:.# ARTICLE $111.E!en tho)'h the owne% did not de%i!e an& benefit and the%e has been no i((inent and (anifest dan'e% to the p%ope%t& o% b)siness- the owne% is liable as )nde% the fi%st pa%a'%aph of the p%ecedin' a%ticle- p%o!ided> "1#The officio)s (ana'e% has acted in 'ood faith- and

"$#The p%ope%t& o% b)siness is intact- %ead& to be %et)%ned to the owne%. "n# ARTICLE $11$.The officio)s (ana'e% is pe%sonall& liable fo% cont%acts which he has ente%ed into with thi%d pe%sons- e!en tho)'h he acted in the na(e of the owne%- and the%e shall be no %i'ht of action between the owne% and thi%d pe%sons. These p%o!isions shall not appl&> "1#If the owne% has e/p%essl& o% tacitl& %atified the (ana'e(ent- o% "$#7hen the cont%act %efe%s to thin's pe%tainin' to the owne% of the b)siness. "n# ARTICLE $11..The (ana'e(ent is e/tin')ished> "1#7hen the owne% %ep)diates it o% p)ts an end the%eto< "$#7hen the officio)s (ana'e% withd%aws f%o( the (ana'e(ent- s)b3ect to the p%o!isions of a%ticle $100< ".#C& the death- ci!il inte%diction- insanit& o% insol!enc& of the owne% o% the officio)s (ana'e%. "n# AECTI*N $ Aol)tio Indebiti ARTICLE $110.If so(ethin' is %ecei!ed when the%e is no %i'ht to de(and it- and it was )nd)l& deli!e%ed th%o)'h (istake- the obli'ation to %et)%n it a%ises. "18:1# ARTICLE $111.Pa&(ent b& %eason of a (istake in the const%)ction o% application of a do)btf)l o% diffic)lt 5)estion of law (a& co(e within the scope of the p%ecedin' a%ticle. "n# cda ARTICLE $112.If the pa&e% was in do)bt whethe% the debt was d)e- he (a& %eco!e% if he p%o!es that it was not d)e. "n# ARTICLE $114.The %esponsibilit& of two o% (o%e pa&ees- when the%e has been pa&(ent of what is not d)e- is solida%&. "n# ARTICLE $118.7hen the p%ope%t& deli!e%ed o% (one& paid belon's to a thi%d pe%son- the pa&ee shall co(pl& with the p%o!isions of a%ticle 1:80. "n# ARTICLE $11:.7hoe!e% in bad faith accepts an )nd)e pa&(ent- shall pa& le'al inte%est if a s)( of (one& is in!ol!ed- o% shall be liable fo% f%)its %ecei!ed o% which sho)ld ha!e been %ecei!ed if the thin' p%od)ces f%)its.

He shall f)%the%(o%e be answe%able fo% an& loss o% i(pai%(ent of the thin' f%o( an& ca)se- and fo% da(a'es to the pe%son who deli!e%ed the thin'- )ntil it is %eco!e%ed. "18:2a# ARTICLE $12;.He who in 'ood faith accepts an )nd)e pa&(ent of a thin' ce%tain and dete%(inate shall onl& be %esponsible fo% the i(pai%(ent o% loss of the sa(e o% its accesso%ies and accessions insofa% as he has the%eb& been benefited. If he has alienated it- he shall %et)%n the p%ice o% assi'n the action to collect the s)(. "18:4# ARTICLE $121.As %e'a%ds the %ei(b)%se(ent fo% i(p%o!e(ents and e/penses inc)%%ed b& hi( who )nd)l& %ecei!ed the thin'- the p%o!isions of Title ? of Cook II shall 'o!e%n. "18:8# acd ARTICLE $12$.He shall be e/e(pt f%o( the obli'ation to %esto%e who- belie!in' in 'ood faith that the pa&(ent was bein' (ade of a le'iti(ate and s)bsistin' clai(- dest%o&ed the doc)(ent- o% allowed the action to p%esc%ibe- o% 'a!e )p the pled'es- o% cancelled the ')a%anties fo% his %i'ht. He who paid )nd)l& (a& p%oceed onl& a'ainst the t%)e debto% o% the ')a%anto%s with %e'a%d to who( the action is still effecti!e. "18::# ARTICLE $12..It is p%es)(ed that the%e was a (istake in the pa&(ent if so(ethin' which had ne!e% been d)e o% had al%ead& been paid was deli!e%ed< b)t he f%o( who( the %et)%n is clai(ed (a& p%o!e that the deli!e%& was (ade o)t of libe%alit& o% fo% an& othe% 3)st ca)se. "1:;1# AECTI*N . *the% G)asi6Cont%acts ARTICLE $120.7hen- witho)t the knowled'e of the pe%son obli'ed to 'i!e s)ppo%t- it is 'i!en b& a st%an'e%- the latte% shall ha!e a %i'ht to clai( the sa(e f%o( the fo%(e%- )nless it appea%s that he 'a!e it o)t of piet& and witho)t intention of bein' %epaid. "18:0a# ARTICLE $121.7hen f)ne%al e/penses a%e bo%ne b& a thi%d pe%son- witho)t the knowled'e of those %elati!es who we%e obli'ed to 'i!e s)ppo%t to the deceasedsaid %elati!es shall %ei(b)%se the thi%d pe%son- sho)ld the latte% clai( %ei(b)%se(ent. "18:0a# ARTICLE $122.7hen the pe%son obli'ed to s)ppo%t an o%phan- o% an insane o% othe% indi'ent pe%son )n3)stl& %ef)ses to 'i!e s)ppo%t to the latte%- an& thi%d pe%son (a& f)%nish s)ppo%t to the need& indi!id)al- with %i'ht of %ei(b)%se(ent f%o( the pe%son obli'ed to 'i!e s)ppo%t. The p%o!isions of this a%ticle appl& when the fathe% o% (othe% of a child )nde% ei'hteen &ea%s of a'e )n3)stl& %ef)ses to s)ppo%t hi(.

ARTICLE $124.7hen th%o)'h an accident o% othe% ca)se a pe%son is in3)%ed o% beco(es se%io)sl& ill- and he is t%eated o% helped while he is not in a condition to 'i!e consent to a cont%act- he shall be liable to pa& fo% the se%!ices of the ph&sician o% othe% pe%son aidin' hi(- )nless the se%!ice has been %ende%ed o)t of p)%e 'ene%osit&. ARTICLE $128.7hen d)%in' a fi%e- flood- sto%(- o% othe% cala(it&- p%ope%t& is sa!ed f%o( dest%)ction b& anothe% pe%son witho)t the knowled'e of the owne%the latte% is bo)nd to pa& the fo%(e% 3)st co(pensation. ARTICLE $12:.7hen the 'o!e%n(ent- )pon the fail)%e of an& pe%son to co(pl& with health o% safet& %e')lations conce%nin' p%ope%t&- )nde%takes to do the necessa%& wo%k- e!en o!e% his ob3ection- he shall be liable to pa& the e/penses. aisa dc ARTICLE $14;.7hen b& accident o% othe% fo%t)ito)s e!ent- (o!ables sepa%atel& pe%tainin' to two o% (o%e pe%sons a%e co((in'led o% conf)sed- the %)les on co6 owne%ship shall be applicable. ARTICLE $141.The %i'hts and obli'ations of the finde% of lost pe%sonal p%ope%t& shall be 'o!e%ned b& a%ticles 41: and 4$;. ARTICLE $14$.The %i'ht of e!e%& possesso% in 'ood faith to %ei(b)%se(ent fo% necessa%& and )sef)l e/penses is 'o!e%ned b& a%ticle 102. ARTICLE $14..7hen a thi%d pe%son- witho)t the knowled'e of the debto%- pa&s the debt- the %i'hts of the fo%(e% a%e 'o!e%ned b& a%ticles 1$.2 and 1$.4. ARTICLE $140.7hen in a s(all co(()nit& a (a3o%it& of the inhabitants of a'e decide )pon a (eas)%e fo% p%otection a'ainst lawlessness- fi%e- flood- sto%( o% othe% cala(it&- an& one who ob3ects to the plan and %ef)ses to cont%ib)te to the e/penses b)t is benefited b& the p%o3ect as e/ec)ted shall be liable to pa& his sha%e of said e/penses. ARTICLE $141.An& pe%son who is const%ained to pa& the ta/es of anothe% shall be entitled to %ei(b)%se(ent f%o( the latte%. CHAPTER $ G)asi6delicts ARTICLE $142.7hoe!e% b& act o% o(ission ca)ses da(a'e to anothe%- the%e bein' fa)lt o% ne'li'ence- is obli'ed to pa& fo% the da(a'e done. A)ch fa)lt o% ne'li'ence- if the%e is no p%e6e/istin' cont%act)al %elation between the pa%ties- is

called a 5)asi6delict and is 'o!e%ned b& the p%o!isions of this Chapte%. "1:;$a# cda ARTICLE $144.Responsibilit& fo% fa)lt o% ne'li'ence )nde% the p%ecedin' a%ticle is enti%el& sepa%ate and distinct f%o( the ci!il liabilit& a%isin' f%o( ne'li'ence )nde% the Penal Code. C)t the plaintiff cannot %eco!e% da(a'es twice fo% the sa(e act o% o(ission of the defendant. "n# ARTICLE $148.The p%o!isions of a%ticles 114$ to 1140 a%e also applicable to a 5)asi6delict. "n# ARTICLE $14:.7hen the plaintiff=s own ne'li'ence was the i((ediate and p%o/i(ate ca)se of his in3)%&- he cannot %eco!e% da(a'es. C)t if his ne'li'ence was onl& cont%ib)to%&- the i((ediate and p%o/i(ate ca)se of the in3)%& bein' the defendant=s lack of d)e ca%e- the plaintiff (a& %eco!e% da(a'es- b)t the co)%ts shall (iti'ate the da(a'es to be awa%ded. "n# ARTICLE $18;.The obli'ation i(posed b& a%ticle $142 is de(andable not onl& fo% one=s own acts o% o(issions- b)t also fo% those of pe%sons fo% who( one is %esponsible. The fathe% and- in case of his death o% incapacit&- the (othe%- a%e %esponsible fo% the da(a'es ca)sed b& the (ino% child%en who li!e in thei% co(pan&. +)a%dians a%e liable fo% da(a'es ca)sed b& the (ino%s o% incapacitated pe%sons who a%e )nde% thei% a)tho%it& and li!e in thei% co(pan&. The owne%s and (ana'e%s of an establish(ent o% ente%p%ise a%e likewise %esponsible fo% da(a'es ca)sed b& thei% e(plo&ees in the se%!ice of the b%anches in which the latte% a%e e(plo&ed o% on the occasion of thei% f)nctions. E(plo&e%s shall be liable fo% the da(a'es ca)sed b& thei% e(plo&ees and ho)sehold helpe%s actin' within the scope of thei% assi'ned tasks- e!en tho)'h the fo%(e% a%e not en'a'ed in an& b)siness o% ind)st%&. cd The Atate is %esponsible in like (anne% when it acts th%o)'h a special a'ent< b)t not when the da(a'e has been ca)sed b& the official to who( the task done p%ope%l& pe%tains- in which case what is p%o!ided in a%ticle $142 shall be applicable. Lastl&- teache%s o% heads of establish(ents of a%ts and t%ades shall be liable fo% da(a'es ca)sed b& thei% p)pils and st)dents o% app%entices- so lon' as the& %e(ain in thei% c)stod&.

The %esponsibilit& t%eated of in this a%ticle shall cease when the pe%sons he%ein (entioned p%o!e that the& obse%!ed all the dili'ence of a 'ood fathe% of a fa(il& to p%e!ent da(a'e. "1:;.a#

ARTICLE $181.7hoe!e% pa&s fo% the da(a'e ca)sed b& his dependents o% e(plo&ees (a& %eco!e% f%o( the latte% what he has paid o% deli!e%ed in satisfaction of the clai(. "1:;0# ARTICLE $18$.If the (ino% o% insane pe%son ca)sin' da(a'e has no pa%ents o% ')a%dian- the (ino% o% insane pe%son shall be answe%able with his own p%ope%t& in an action a'ainst hi( whe%e a ')a%dian ad lite( shall be appointed. "n# ARTICLE $18..The possesso% of an ani(al o% whoe!e% (a& (ake )se of the sa(e is %esponsible fo% the da(a'e which it (a& ca)se- altho)'h it (a& escape o% be lost. This %esponsibilit& shall cease onl& in case the da(a'e sho)ld co(e f%o( fo%ce (a3e)%e o% f%o( the fa)lt of the pe%son who has s)ffe%ed da(a'e. "1:;1# ARTICLE $180.In (oto% !ehicle (ishaps- the owne% is solida%il& liable with his d%i!e%- if the fo%(e%- who was in the !ehicle- co)ld ha!e- b& the )se of the d)e dili'ence- p%e!ented the (isfo%t)ne. It is disp)tabl& p%es)(ed that a d%i!e% was ne'li'ent- if he had been fo)nd ')ilt& of %eckless d%i!in' o% !iolatin' t%affic %e')lations at least twice within the ne/t p%ecedin' two (onths. cd i If the owne% was not in the (oto% !ehicle- the p%o!isions of a%ticle $18; a%e applicable. "n# ARTICLE $181.@nless the%e is p%oof to the cont%a%&- it is p%es)(ed that a pe%son d%i!in' a (oto% !ehicle has been ne'li'ent if at the ti(e of the (ishap- he was !iolatin' an& t%affic %e')lation. "n# ARTICLE $182.E!e%& owne% of a (oto% !ehicle shall file with the p%ope% 'o!e%n(ent office a bond e/ec)ted b& a 'o!e%n(ent6cont%olled co%po%ation o% office- to answe% fo% da(a'es to thi%d pe%sons. The a(o)nt of the bond and othe% te%(s shall be fi/ed b& the co(petent p)blic official. "n# ARTICLE $184.Man)fact)%e%s and p%ocesso%s of foodst)ffs- d%inks- toilet a%ticles and si(ila% 'oods shall be liable fo% death o% in3)%ies ca)sed b& an& no/io)s o% ha%(f)l s)bstances )sed- altho)'h no cont%act)al %elation e/ists between the( and the cons)(e%s. "n# ARTICLE $188.The%e is p%i(a facie p%es)(ption of ne'li'ence on the pa%t of the defendant if the death o% in3)%& %es)lts f%o( his possession of dan'e%o)s

weapons o% s)bstances- s)ch as fi%ea%(s and poison- e/cept when the possession o% )se the%eof is indispensable in his occ)pation o% b)siness. "n# ARTICLE $18:.P%o!inces- cities and ()nicipalities shall be liable fo% da(a'es fo% the death of- o% in3)%ies s)ffe%ed b&- an& pe%son b& %eason of the defecti!e condition of %oads- st%eets- b%id'es- p)blic b)ildin's- and othe% p)blic wo%ks )nde% thei% cont%ol o% s)pe%!ision. "n# ARTICLE $1:;.The p%op%ieto% of a b)ildin' o% st%)ct)%e is %esponsible fo% the da(a'es %es)ltin' f%o( its total o% pa%tial collapse- if it sho)ld be d)e to the lack of necessa%& %epai%s. "1:;4# aisa dc ARTICLE $1:1.P%op%ieto%s shall also be %esponsible fo% da(a'es ca)sed> "1#C& the e/plosion of (achine%& which has not been taken ca%e of with d)e dili'ence- and the infla((ation of e/plosi!e s)bstances which ha!e not been kept in a safe and ade5)ate place< "$#C& e/cessi!e s(oke- which (a& be ha%(f)l to pe%sons o% p%ope%t&< ".#C& the fallin' of t%ees sit)ated at o% nea% hi'hwa&s o% lanes- if not ca)sed b& fo%ce (a3e)%e< "0#C& e(anations f%o( t)bes- canals- sewe%s o% deposits of infectio)s (atte%const%)cted witho)t p%eca)tions s)itable to the place. "1:;8# ARTICLE $1:$.If da(a'e %efe%%ed to in the two p%ecedin' a%ticles sho)ld be the %es)lt of an& defect in the const%)ction (entioned in a%ticle 14$.- the thi%d pe%son s)ffe%in' da(a'es (a& p%oceed onl& a'ainst the en'inee% o% a%chitect o% cont%acto% in acco%dance with said a%ticle- within the pe%iod the%ein fi/ed. "1:;:a# ARTICLE $1:..The head of a fa(il& that li!es in a b)ildin' o% a pa%t the%eof- is %esponsible fo% da(a'es ca)sed b& thin's th%own o% fallin' f%o( the sa(e. "1:1;# ARTICLE $1:0.The %esponsibilit& of two o% (o%e pe%sons who a%e liable fo% 5)asi6delict is solida%&. "n# aisa dc TITLE F?III Ea(a'es CHAPTER 1 +ene%al P%o!isions

ARTICLE $1:1.The p%o!isions of this Title shall be %especti!el& applicable to all obli'ations (entioned in a%ticle 1114. cd ARTICLE $1:2.The %)les )nde% this Title a%e witho)t p%e3)dice to special p%o!isions on da(a'es fo%()lated elsewhe%e in this Code. Co(pensation fo% wo%k(en and othe% e(plo&ees in case of death- in3)%& o% illness is %e')lated b& special laws. R)les 'o!e%nin' da(a'es laid down in othe% laws shall be obse%!ed insofa% as the& a%e not in conflict with this Code. ARTICLE $1:4.Ea(a'es (a& be> "1#Act)al o% co(pensato%&< "$#Mo%al< ".#No(inal< "0#Te(pe%ate o% (ode%ate< "1#Li5)idated< o% "2#E/e(pla%& o% co%%ecti!e. ARTICLE $1:8.The p%inciples of the 'ene%al law on da(a'es a%e he%eb& adopted insofa% as the& a%e not inconsistent with this Code. casia CHAPTER $ Act)al o% Co(pensato%& Ea(a'es ARTICLE $1::.E/cept as p%o!ided b& law o% b& stip)lation- one is entitled to an ade5)ate co(pensation onl& fo% s)ch pec)nia%& loss s)ffe%ed b& hi( as he has d)l& p%o!ed. A)ch co(pensation is %efe%%ed to as act)al o% co(pensato%& da(a'es. ARTICLE $$;;.Inde(nification fo% da(a'es shall co(p%ehend not onl& the !al)e of the loss s)ffe%ed- b)t also that of the p%ofits which the obli'ee failed to obtain. "11;2# ARTICLE $$;1.In cont%acts and 5)asi6cont%acts- the da(a'es fo% which the obli'o% who acted in 'ood faith is liable shall be those that a%e the nat)%al and p%obable conse5)ences of the b%each of the obli'ation- and which the pa%ties ha!e fo%eseen o% co)ld ha!e %easonabl& fo%eseen at the ti(e the obli'ation was constit)ted.

In case of f%a)d- bad faith- (alice o% wanton attit)de- the obli'o% shall be %esponsible fo% all da(a'es which (a& be %easonabl& att%ib)ted to the non6 pe%fo%(ance of the obli'ation. "11;4a# ARTICLE $$;$.In c%i(es and 5)asi6delicts- the defendant shall be liable fo% all da(a'es which a%e the nat)%al and p%obable conse5)ences of the act o% o(ission co(plained of. It is not necessa%& that s)ch da(a'es ha!e been fo%eseen o% co)ld ha!e %easonabl& been fo%eseen b& the defendant. cdasia ARTICLE $$;..The pa%t& s)ffe%in' loss o% in3)%& ()st e/e%cise the dili'ence of a 'ood fathe% of a fa(il& to (ini(i,e the da(a'es %es)ltin' f%o( the act o% o(ission in 5)estion. ARTICLE $$;0.In c%i(es- the da(a'es to be ad3)dicated (a& be %especti!el& inc%eased o% lessened acco%din' to the a''%a!atin' o% (iti'atin' ci%c)(stances. ARTICLE $$;1.Ea(a'es (a& be %eco!e%ed> "1#Bo% loss o% i(pai%(ent of ea%nin' capacit& in cases of te(po%a%& o% pe%(anent pe%sonal in3)%&< "$#Bo% in3)%& to the plaintiff=s b)siness standin' o% co((e%cial c%edit. ARTICLE $$;2.The a(o)nt of da(a'es fo% death ca)sed b& a c%i(e o% 5)asi6 delict shall be at least th%ee tho)sand pesos- e!en tho)'h the%e (a& ha!e been (iti'atin' ci%c)(stances. In addition> "1#The defendant shall be liable fo% the loss of the ea%nin' capacit& of the deceased- and the inde(nit& shall be paid to the hei%s of the latte%< s)ch inde(nit& shall in e!e%& case be assessed and awa%ded b& the co)%t- )nless the deceased on acco)nt of pe%(anent ph&sical disabilit& not ca)sed b& the defendant- had no ea%nin' capacit& at the ti(e of his death< "$#If the deceased was obli'ed to 'i!e s)ppo%t acco%din' to the p%o!isions of a%ticle $:1- the %ecipient who is not an hei% called to the decedent=s inhe%itance b& the law of testate o% intestate s)ccession- (a& de(and s)ppo%t f%o( the pe%son ca)sin' the death- fo% a pe%iod not e/ceedin' fi!e &ea%s- the e/act d)%ation to be fi/ed b& the co)%t< ".#The spo)se- le'iti(ate and ille'iti(ate descendants and ascendants of the deceased (a& de(and (o%al da(a'es fo% (ental an')ish b& %eason of the death of the deceased. cdtai ARTICLE $$;4.If the plaintiff=s p%ope%t& has been ins)%ed- and he has %ecei!ed inde(nit& f%o( the ins)%ance co(pan& fo% the in3)%& o% loss a%isin' o)t of the w%on' o% b%each of cont%act co(plained of- the ins)%ance co(pan& shall be

s)b%o'ated to the %i'hts of the ins)%ed a'ainst the w%on'doe% o% the pe%son who has !iolated the cont%act. If the a(o)nt paid b& the ins)%ance co(pan& does not f)ll& co!e% the in3)%& o% loss- the a''%ie!ed pa%t& shall be entitled to %eco!e% the deficienc& f%o( the pe%son ca)sin' the loss o% in3)%&. ARTICLE $$;8.In the absence of stip)lation- atto%ne&=s fees and e/penses of liti'ation- othe% than 3)dicial costs- cannot be %eco!e%ed- e/cept> "1#7hen e/e(pla%& da(a'es a%e awa%ded< "$#7hen the defendant=s act o% o(ission has co(pelled the plaintiff to liti'ate with thi%d pe%sons o% to inc)% e/penses to p%otect his inte%est< casia ".#In c%i(inal cases of (alicio)s p%osec)tion a'ainst the plaintiff< "0#In case of a clea%l& )nfo)nded ci!il action o% p%oceedin' a'ainst the plaintiff< "1#7he%e the defendant acted in '%oss and e!ident bad faith in %ef)sin' to satisf& the plaintiff=s plainl& !alid- 3)st and de(andable clai(< "2#In actions fo% le'al s)ppo%t< "4#In actions fo% the %eco!e%& of wa'es of ho)sehold helpe%s- labo%e%s and skilled wo%ke%s< "8#In actions fo% inde(nit& )nde% wo%k(en=s co(pensation and e(plo&e%=s liabilit& laws< ":#In a sepa%ate ci!il action to %eco!e% ci!il liabilit& a%isin' f%o( a c%i(e< "1;#7hen at least do)ble 3)dicial costs a%e awa%ded< "11#In an& othe% case whe%e the co)%t dee(s it 3)st and e5)itable that atto%ne&=s fees and e/penses of liti'ation sho)ld be %eco!e%ed. In all cases- the atto%ne&=s fees and e/penses of liti'ation ()st be %easonable. ARTICLE $$;:.If the obli'ation consists in the pa&(ent of a s)( of (one&- and the debto% inc)%s in dela&- the inde(nit& fo% da(a'es- the%e bein' no stip)lation to the cont%a%&- shall be the pa&(ent of the inte%est a'%eed )pon- and in the absence of stip)lation- the le'al inte%est- which is si/ pe% cent pe% ann)(. "11;8# casia ARTICLE $$1;.Inte%est (a&- in the disc%etion of the co)%t- be allowed )pon da(a'es awa%ded fo% b%each of cont%act.

ARTICLE $$11.In c%i(es and 5)asi6delicts- inte%est as a pa%t of the da(a'es (a&- in a p%ope% case- be ad3)dicated in the disc%etion of the co)%t. ARTICLE $$1$.Inte%est d)e shall ea%n le'al inte%est f%o( the ti(e it is 3)diciall& de(anded- altho)'h the obli'ation (a& be silent )pon this point. "11;:a#

ARTICLE $$1..Inte%est cannot be %eco!e%ed )pon )nli5)idated clai(s o% da(a'es- e/cept when the de(and can be established with %easonable ce%taint&. ARTICLE $$10.In 5)asi6delicts- the cont%ib)to%& ne'li'ence of the plaintiff shall %ed)ce the da(a'es that he (a& %eco!e%. ARTICLE $$11.In cont%acts- 5)asi6cont%acts- and 5)asi6delicts- the co)%t (a& e5)itabl& (iti'ate the da(a'es )nde% ci%c)(stances othe% than the case %efe%%ed to in the p%ecedin' a%ticle- as in the followin' instances> cdtai "1#That the plaintiff hi(self has cont%a!ened the te%(s of the cont%act< "$#That the plaintiff has de%i!ed so(e benefit as a %es)lt of the cont%act< ".#In cases whe%e e/e(pla%& da(a'es a%e to be awa%ded- that the defendant acted )pon the ad!ice of co)nsel< "0#That the loss wo)ld ha!e %es)lted in an& e!ent< "1#That since the filin' of the action- the defendant has done his best to lessen the plaintiff=s loss o% in3)%&. CHAPTER . *the% Dinds of Ea(a'es ARTICLE $$12.No p%oof of pec)nia%& loss is necessa%& in o%de% that (o%alno(inal- te(pe%ate- li5)idated o% e/e(pla%& da(a'es- (a& be ad3)dicated. The assess(ent of s)ch da(a'es- e/cept li5)idated ones- is left to the disc%etion of the co)%t- acco%din' to the ci%c)(stances of each case. cda AECTI*N 1 Mo%al Ea(a'es ARTICLE $$14.Mo%al da(a'es incl)de ph&sical s)ffe%in'- (ental an')ish- f%i'htse%io)s an/iet&- bes(i%ched %ep)tation- wo)nded feelin's- (o%al shock- social

h)(iliation- and si(ila% in3)%&. Tho)'h incapable of pec)nia%& co(p)tation- (o%al da(a'es (a& be %eco!e%ed if the& a%e the p%o/i(ate %es)lt of the defendant=s w%on'f)l act o% o(ission. ARTICLE $$18.In the ad3)dication of (o%al da(a'es- the senti(ental !al)e of p%ope%t&- %eal o% pe%sonal- (a& be conside%ed. ARTICLE $$1:.Mo%al da(a'es (a& be %eco!e%ed in the followin' and analo'o)s cases> "1#A c%i(inal offense %es)ltin' in ph&sical in3)%ies< "$#G)asi6delicts ca)sin' ph&sical in3)%ies< ".#Aed)ction- abd)ction- %ape- o% othe% lasci!io)s acts< "0#Ad)lte%& o% conc)bina'e< "1#Ille'al o% a%bit%a%& detention o% a%%est< "2#Ille'al sea%ch< "4#Libel- slande% o% an& othe% fo%( of defa(ation< "8#Malicio)s p%osec)tion< ":#Acts (entioned in a%ticle .;:< "1;#Acts and actions %efe%%ed to in a%ticles $1- $2- $4- $8- $:- .;- .$- .0- and .1. casia The pa%ents of the fe(ale sed)ced- abd)cted- %aped- o% ab)sed- %efe%%ed to in No. . of this a%ticle- (a& also %eco!e% (o%al da(a'es. The spo)se- descendants- ascendants- and b%othe%s and siste%s (a& b%in' the action (entioned in No. : of this a%ticle- in the o%de% na(ed. ARTICLE $$$;.7illf)l in3)%& to p%ope%t& (a& be a le'al '%o)nd fo% awa%din' (o%al da(a'es if the co)%t sho)ld find that- )nde% the ci%c)(stances- s)ch da(a'es a%e 3)stl& d)e. The sa(e %)le applies to b%eaches of cont%act whe%e the defendant acted f%a)d)lentl& o% in bad faith. AECTI*N $ No(inal Ea(a'es

ARTICLE $$$1. No(inal da(a'es a%e ad3)dicated in o%de% that a %i'ht of the plaintiff- which has been !iolated o% in!aded b& the defendant- (a& be !indicated o% %eco'ni,ed- and not fo% the p)%pose of inde(nif&in' the plaintiff fo% an& loss s)ffe%ed b& hi(. cd ARTICLE $$$$.The co)%t (a& awa%d no(inal da(a'es in e!e%& obli'ation a%isin' f%o( an& so)%ce en)(e%ated in a%ticle 1114- o% in e!e%& case whe%e an& p%ope%t& %i'ht has been in!aded. ARTICLE $$$..The ad3)dication of no(inal da(a'es shall p%ecl)de f)%the% contest )pon the %i'ht in!ol!ed and all accesso%& 5)estions- as between the pa%ties to the s)it- o% thei% %especti!e hei%s and assi'ns. cdtai AECTI*N . Te(pe%ate o% Mode%ate Ea(a'es ARTICLE $$$0.Te(pe%ate o% (ode%ate da(a'es- which a%e (o%e than no(inal b)t less than co(pensato%& da(a'es- (a& be %eco!e%ed when the co)%t finds that so(e pec)nia%& loss has been s)ffe%ed b)t its a(o)nt can not- f%o( the nat)%e of the case- be p%o!ed with ce%taint&. ARTICLE $$$1.Te(pe%ate da(a'es ()st be %easonable )nde% the ci%c)(stances. AECTI*N 0 Li5)idated Ea(a'es ARTICLE $$$2.Li5)idated da(a'es a%e those a'%eed )pon b& the pa%ties to a cont%act- to be paid in case of b%each the%eof. aisa dc ARTICLE $$$4.Li5)idated da(a'es- whethe% intended as an inde(nit& o% a penalt&- shall be e5)itabl& %ed)ced if the& a%e ini5)ito)s o% )nconscionable. ARTICLE $$$8.7hen the b%each of the cont%act co((itted b& the defendant is not the one conte(plated b& the pa%ties in a'%eein' )pon the li5)idated da(a'es- the law shall dete%(ine the (eas)%e of da(a'es- and not the stip)lation. AECTI*N 1 E/e(pla%& o% Co%%ecti!e Ea(a'es

ARTICLE $$$:.E/e(pla%& o% co%%ecti!e da(a'es a%e i(posed- b& wa& of e/a(ple o% co%%ection fo% the p)blic 'ood- in addition to the (o%al- te(pe%ateli5)idated o% co(pensato%& da(a'es. ARTICLE $$.;.In c%i(inal offenses- e/e(pla%& da(a'es as a pa%t of the ci!il liabilit& (a& be i(posed when the c%i(e was co((itted with one o% (o%e a''%a!atin' ci%c)(stances. A)ch da(a'es a%e sepa%ate and distinct f%o( fines and shall be paid to the offended pa%t&. ARTICLE $$.1.In 5)asi6delicts- e/e(pla%& da(a'es (a& be '%anted if the defendant acted with '%oss ne'li'ence. ARTICLE $$.$.In cont%acts and 5)asi6cont%acts- the co)%t (a& awa%d e/e(pla%& da(a'es if the defendant acted in a wanton- f%a)d)lent- %eckless- opp%essi!e- o% (ale!olent (anne%. ARTICLE $$...E/e(pla%& da(a'es cannot be %eco!e%ed as a (atte% of %i'ht< the co)%t will decide whethe% o% not the& sho)ld be ad3)dicated. cdt ARTICLE $$.0.7hile the a(o)nt of the e/e(pla%& da(a'es need not be p%o!ed- the plaintiff ()st show that he is entitled to (o%al- te(pe%ate o% co(pensato%& da(a'es befo%e the co)%t (a& conside% the 5)estion of whethe% o% not e/e(pla%& da(a'es sho)ld be awa%ded. In case li5)idated da(a'es ha!e been a'%eed )pon- altho)'h no p%oof of loss is necessa%& in o%de% that s)ch li5)idated da(a'es (a& be %eco!e%ed- ne!e%theless- befo%e the co)%t (a& conside% the 5)estion of '%antin' e/e(pla%& in addition to the li5)idated da(a'es- the plaintiff ()st show that he wo)ld be entitled to (o%al- te(pe%ate o% co(pensato%& da(a'es we%e it not fo% the stip)lation fo% li5)idated da(a'es. cdtai ARTICLE $$.1.A stip)lation whe%eb& e/e(pla%& da(a'es a%e %eno)nced in ad!ance shall be n)ll and !oid. TITLE FIF Conc)%%ence and P%efe%ence of C%edits CHAPTER 1 +ene%al P%o!isions ARTICLE $$.2.The debto% is liable with all his p%ope%t&- p%esent and f)t)%e- fo% the f)lfill(ent of his obli'ations- s)b3ect to the e/e(ptions p%o!ided b& law. "1:11a#

ARTICLE $$.4.Insol!enc& shall be 'o!e%ned b& special laws insofa% as the& a%e not inconsistent with this Code. "n# cdtai ARTICLE $$.8.Ao lon' as the con3)'al pa%tne%ship o% absol)te co(()nit& s)bsists- its p%ope%t& shall not be a(on' the assets to be taken possession of b& the assi'nee fo% the pa&(ent of the insol!ent debto%=s obli'ations- e/cept insofa% as the latte% ha!e %edo)nded to the benefit of the fa(il&. If it is the h)sband who is insol!ent- the ad(inist%ation of the con3)'al pa%tne%ship o% absol)te co(()nit& (a&- b& o%de% of the co)%t- be t%ansfe%%ed to the wife o% to a thi%d pe%son othe% than the assi'nee. "n# ARTICLE $$.:.If the%e is p%ope%t&- othe% than that (entioned in the p%ecedin' a%ticle- owned b& two o% (o%e pe%sons- one of who( is the insol!ent debto%- his )ndi!ided sha%e o% inte%est the%ein shall be a(on' the assets to be taken possession of b& the assi'nee fo% the pa&(ent of the insol!ent debto%=s obli'ations. "n# cdasia ARTICLE $$0;.P%ope%t& held b& the insol!ent debto% as a t%)stee of an e/p%ess o% i(plied t%)st- shall be e/cl)ded f%o( the insol!enc& p%oceedin's. "n# CHAPTER $ Classification of C%edits ARTICLE $$01.7ith %efe%ence to specific (o!able p%ope%t& of the debto%- the followin' clai(s o% liens shall be p%efe%%ed> "1#E)ties- ta/es and fees d)e the%eon to the Atate o% an& s)bdi!ision the%eof< "$#Clai(s a%isin' f%o( (isapp%op%iation- b%each of t%)st- o% (alfeasance b& p)blic officials co((itted in the pe%fo%(ance of thei% d)ties- on the (o!ables(one& o% sec)%ities obtained b& the(< ".#Clai(s fo% the )npaid p%ice of (o!ables sold- on said (o!ables- so lon' as the& a%e in the possession of the debto%- )p to the !al)e of the sa(e< and if the (o!able has been %esold b& the debto% and the p%ice is still )npaid- the lien (a& be enfo%ced on the p%ice< this %i'ht is not lost b& the i((obili,ation of the thin' b& destination- p%o!ided it has not lost its fo%(- s)bstance and identit&< neithe% is the %i'ht lost b& the sale of the thin' to'ethe% with othe% p%ope%t& fo% a l)(p s)(when the p%ice the%eof can be dete%(ined p%opo%tionall&< "0#C%edits ')a%anteed with a pled'e so lon' as the thin's pled'ed a%e in the hands of the c%edito%- o% those ')a%anteed b& a chattel (o%t'a'e- )pon the thin's pled'ed o% (o%t'a'ed- )p to the !al)e the%eof< acd

"1#C%edits fo% the (akin'- %epai%- safekeepin' o% p%ese%!ation of pe%sonal p%ope%t&- on the (o!able th)s (ade- %epai%ed- kept o% possessed< "2#Clai(s fo% labo%e%s= wa'es- on the 'oods (an)fact)%ed o% the wo%k done< "4#Bo% e/penses of sal!a'e- )pon the 'oods sal!a'ed< "8#C%edits between the landlo%d and the tenant- a%isin' f%o( the cont%act of tenanc& on sha%es- on the sha%e of each in the f%)its o% ha%!est< ":#C%edits fo% t%anspo%tation- )pon the 'oods ca%%ied- fo% the p%ice of the cont%act and incidental e/penses- )ntil thei% deli!e%& and fo% thi%t& da&s the%eafte%< "1;#C%edits fo% lod'in' and s)pplies )s)all& f)%nished to t%a!elle%s b& hotel keepe%s- on the (o!ables belon'in' to the ')est as lon' as s)ch (o!ables a%e in the hotel- b)t not fo% (one& loaned to the ')ests< cd "11#C%edits fo% seeds and e/penses fo% c)lti!ation and ha%!est ad!anced to the debto%- )pon the f%)its ha%!ested< "1$#C%edits fo% %ent fo% one &ea%- )pon the pe%sonal p%ope%t& of the lessee e/istin' on the i((o!able leased and on the f%)its of the sa(e- b)t not on (one& o% inst%)(ents of c%edit< "1.#Clai(s in fa!o% of the deposito% if the deposita%& has w%on'f)ll& sold the thin' deposited- )pon the p%ice of the sale. In the fo%e'oin' cases- if the (o!ables to which the lien o% p%efe%ence attaches ha!e been w%on'f)ll& taken- the c%edito% (a& de(and the( f%o( an& possesso%within thi%t& da&s f%o( the )nlawf)l sei,)%e. "1:$$a# cdasia

ARTICLE $$0$.7ith %efe%ence to specific i((o!able p%ope%t& and %eal %i'hts of the debto%- the followin' clai(s- (o%t'a'es and liens shall be p%efe%%ed- and shall constit)te an enc)(b%ance on the i((o!able o% %eal %i'ht> "1#Ta/es d)e )pon the land o% b)ildin'< "$#Bo% the )npaid p%ice of %eal p%ope%t& sold- )pon the i((o!able sold< ".#Clai(s of labo%e%s- (asons- (echanics and othe% wo%k(en- as well as of a%chitects- en'inee%s and cont%acto%s- en'a'ed in the const%)ction%econst%)ction o% %epai% of b)ildin's- canals o% othe% wo%ks- )pon said b)ildin'scanals o% othe% wo%ks<

"0#Clai(s of f)%nishe%s of (ate%ials )sed in the const%)ction- %econst%)ction- o% %epai% of b)ildin's- canals o% othe% wo%ks- )pon said b)ildin's- canals o% othe% wo%ks< casia "1#Mo%t'a'e c%edits %eco%ded in the Re'ist%& of P%ope%t&- )pon the %eal estate (o%t'a'ed< "2#E/penses fo% the p%ese%!ation o% i(p%o!e(ent of %eal p%ope%t& when the law a)tho%i,es %ei(b)%se(ent- )pon the i((o!able p%ese%!ed o% i(p%o!ed< cdt "4#C%edits annotated in the Re'ist%& of P%ope%t&- in !i%t)e of a 3)dicial o%de%- b& attach(ents o% e/ec)tions- )pon the p%ope%t& affected- and onl& as to late% c%edits< "8#Clai(s of co6hei%s fo% wa%%ant& in the pa%tition of an i((o!able a(on' the()pon the %eal p%ope%t& th)s di!ided< ":#Clai(s of dono%s o% %eal p%ope%t& fo% pec)nia%& cha%'es o% othe% conditions i(posed )pon the donee- )pon the i((o!able donated< "1;#C%edits of ins)%e%s- )pon the p%ope%t& ins)%ed- fo% the ins)%ance p%e(i)( fo% two &ea%s. "1:$.a# cdasia ARTICLE $$0..The clai(s o% c%edits en)(e%ated in the two p%ecedin' a%ticles shall be conside%ed as (o%t'a'es o% pled'es of %eal o% pe%sonal p%ope%t&- o% liens within the p)%!iew of le'al p%o!isions 'o!e%nin' insol!enc&. Ta/es (entioned in No. 1- a%ticle $$01- and No. 1- a%ticle $$0$- shall fi%st be satisfied. "n# ARTICLE $$00.7ith %efe%ence to othe% p%ope%t&- %eal and pe%sonal- of the debto%the followin' clai(s o% c%edits shall be p%efe%%ed in the o%de% na(ed> "1#P%ope% f)ne%al e/penses fo% the debto%- o% child%en )nde% his o% he% pa%ental a)tho%it& who ha!e no p%ope%t& of thei% own- when app%o!ed b& the co)%t< "$#C%edits fo% se%!ices %ende%ed the insol!ent b& e(plo&ees- labo%e%s- o% ho)sehold helpe%s fo% one &ea% p%ecedin' the co((ence(ent of the p%oceedin's in insol!enc&< ".#E/penses d)%in' the last illness of the debto% o% of his o% he% spo)se and child%en )nde% his o% he% pa%ental a)tho%it&- if the& ha!e no p%ope%t& of thei% own< "0#Co(pensation d)e the labo%e%s o% thei% dependents )nde% laws p%o!idin' fo% inde(nit& fo% da(a'es in cases of labo% accident- o% illness %es)ltin' f%o( the nat)%e of the e(plo&(ent<

"1#C%edits and ad!ance(ents (ade to the debto% fo% s)ppo%t of hi(self o% he%self- and fa(il&- d)%in' the last &ea% p%ecedin' the insol!enc&< "2#A)ppo%t d)%in' the insol!enc& p%oceedin's- and fo% th%ee (onths the%eafte%< "4#Bines and ci!il inde(nification a%isin' f%o( a c%i(inal offense< "8#Le'al e/penses- and e/penses inc)%%ed in the ad(inist%ation of the insol!ent=s estate fo% the co((on inte%est of the c%edito%s- when p%ope%l& a)tho%i,ed and app%o!ed b& the co)%t< ":#Ta/es and assess(ents d)e the national 'o!e%n(ent- othe% than those (entioned in a%ticles $$01- No. 1- and $$0$- No. 1< "1;#Ta/es and assess(ents d)e an& p%o!ince- othe% than those %efe%%ed to in a%ticles $$01- No. 1- and $$0$- No. 1< "11#Ta/es and assess(ents d)e an& cit& o% ()nicipalit&- othe% than those indicated in a%ticles $$01- No. 1- and $$0$- No. 1< "1$#Ea(a'es fo% death o% pe%sonal in3)%ies ca)sed b& a 5)asi6delict< "1.#+ifts d)e to p)blic and p%i!ate instit)tions of cha%it& o% beneficence< "10#C%edits which- witho)t special p%i!ile'e- appea% in "a# a p)blic inst%)(ent< o% "b# in a final 3)d'(ent- if the& ha!e been the s)b3ect of liti'ation. These c%edits shall ha!e p%efe%ence a(on' the(sel!es in the o%de% of p%io%it& of the dates of the inst%)(ents and of the 3)d'(ents- %especti!el&. "1:$0a# ARTICLE $$01.C%edits of an& othe% kind o% class- o% b& an& othe% %i'ht o% title not co(p%ised in the fo)% p%ecedin' a%ticles- shall en3o& no p%efe%ence. "1:$1# acd CHAPTER . *%de% of P%efe%ence of C%edits ARTICLE $$02.Those c%edits which en3o& p%efe%ence with %espect to specific (o!ables- e/cl)de all othe%s to the e/tent of the !al)e of the pe%sonal p%ope%t& to which the p%efe%ence %efe%s. ARTICLE $$04.If the%e a%e two o% (o%e c%edits with %espect to the sa(e specific (o!able p%ope%t&- the& shall be satisfied p%o %ata- afte% the pa&(ent of d)tiesta/es and fees d)e the Atate o% an& s)bdi!ision the%eof. "1:$2a#

ARTICLE $$08.Those c%edits which en3o& p%efe%ence in %elation to specific %eal p%ope%t& o% %eal %i'hts- e/cl)de all othe%s to the e/tent of the !al)e of the i((o!able o% %eal %i'ht to which the p%efe%ence %efe%s. ARTICLE $$0:. If the%e a%e two o% (o%e c%edits with %espect to the sa(e specific %eal p%ope%t& o% %eal %i'hts- the& shall be satisfied p%o %ata- afte% the pa&(ent of the ta/es and assess(ents )pon the i((o!able p%ope%t& o% %eal %i'ht. "1:$4a# cdasia ARTICLE $$1;.The e/cess- if an&- afte% the pa&(ent of the c%edits which en3o& p%efe%ence with %espect to specific p%ope%t&- %eal o% pe%sonal- shall be added to the f%ee p%ope%t& which the debto% (a& ha!e- fo% the pa&(ent of the othe% c%edits. "1:$8a# ARTICLE $$11.Those c%edits which do not en3o& an& p%efe%ence with %espect to specific p%ope%t&- and those which en3o& p%efe%ence- as to the a(o)nt not paidshall be satisfied acco%din' to the followin' %)les> "1#In the o%de% established in a%ticle $$00< "$#Co((on c%edits %efe%%ed to in a%ticle $$01 shall be paid p%o %ata %e'a%dless of dates. "1:$:a# cd i T%ansitional P%o!isions ARTICLE $$1$. Chan'es (ade and new p%o!isions and %)les laid down b& this Code which (a& p%e3)dice o% i(pai% !ested o% ac5)i%ed %i'hts in acco%dance with the old le'islation shall ha!e no %et%oacti!e effect. Bo% the dete%(ination of the applicable law in cases which a%e not specified elsewhe%e in this Code- the followin' a%ticles shall be obse%!ed> "Pa%s. 1 and $T%ansitional P%o!isions#. ARTICLE $$1..The Ci!il Code of 188: and othe% p%e!io)s laws shall 'o!e%n %i'hts o%i'inatin'- )nde% said laws- f%o( acts done o% e!ents which took place )nde% thei% %e'i(e- e!en tho)'h this Code (a& %e')late the( in a diffe%ent (anne%- o% (a& not %eco'ni,e the(. C)t if a %i'ht sho)ld be decla%ed fo% the fi%st ti(e in this Code- it shall be effecti!e at once- e!en tho)'h the act o% e!ent which 'i!es %ise the%eto (a& ha!e been done o% (a& ha!e occ)%%ed )nde% the p%io% le'islation- p%o!ided said new %i'ht does not p%e3)dice o% i(pai% an& !ested o% ac5)i%ed %i'ht- of the sa(e o%i'in. "R)le 1# ARTICLE $$10.No !ested o% ac5)i%ed %i'ht can a%ise f%o( acts o% o(issions which a%e a'ainst the law o% which inf%in'e )pon the %i'hts of othe%s. "n# cd i

ARTICLE $$11.The fo%(e% laws shall %e')late acts and cont%acts with a condition o% pe%iod- which we%e e/ec)ted o% ente%ed into befo%e the effecti!it& of this Codee!en tho)'h the condition o% pe%iod (a& still be pendin' at the ti(e this bod& of laws 'oes into effect. "n# cdtai ARTICLE $$12.Acts and cont%acts )nde% the %e'i(e of the old laws- if the& a%e !alid in acco%dance the%ewith- shall contin)e to be f)ll& ope%ati!e as p%o!ided in the sa(e- with the li(itations established in these %)les. C)t the %e!ocation o% (odification of these acts and cont%acts afte% the be'innin' of the effecti!it& of this Code- shall be s)b3ect to the p%o!isions of this new bod& of laws. "R)le $a# ARTICLE $$14.P%o!isions of this Code which attach a ci!il sanction o% penalt& o% a dep%i!ation of %i'hts to acts o% o(issions which we%e not penali,ed b& the fo%(e% laws- a%e not applicable to those who- when said laws we%e in fo%ce- (a& ha!e e/ec)ted the act o% inc)%%ed in the o(ission fo%bidden o% conde(ned b& this Code. If the fa)lt is also p)nished b& the p%e!io)s le'islation- the less se!e%e sanction shall be applied. If a contin)o)s o% %epeated act o% o(ission was co((enced befo%e the be'innin' of the effecti!it& of this Code- and the sa(e s)bsists o% is (aintained o% %epeated afte% this bod& of laws has beco(e ope%ati!e- the sanction o% penalt& p%esc%ibed in this Code shall be applied- e!en tho)'h the p%e!io)s laws (a& not ha!e p%o!ided an& sanction o% penalt& the%efo%. "R)le .a# cdtai ARTICLE $$18.Actions and %i'hts which ca(e into bein' b)t we%e not e/e%cised befo%e the effecti!it& of this Code- shall %e(ain in f)ll fo%ce in confo%(it& with the old le'islation< b)t thei% e/e%cise- d)%ation and the p%oced)%e to enfo%ce the( shall be %e')lated b& this Code and b& the R)les of Co)%t. If the e/e%cise of the %i'ht o% of the action was co((enced )nde% the old laws- b)t is pendin' on the date this Code takes effect- and the p%oced)%e was diffe%ent f%o( that established in this new bod& of laws- the pa%ties conce%ned (a& choose which (ethod o% co)%se to p)%s)e. "R)le 0# ARTICLE $$1:.The capacit& of a (a%%ied wo(an to e/ec)te acts and cont%acts is 'o!e%ned b& this Code- e!en if he% (a%%ia'e was celeb%ated )nde% the fo%(e% laws. "n# ARTICLE $$2;.The !ol)nta%& %eco'nition of a nat)%al child shall take place acco%din' to this Code- e!en if the child was bo%n befo%e the effecti!it& of this bod& of laws. "n# aisa dc ARTICLE $$21.The e/e(ption p%esc%ibed in a%ticle .;$ shall also be applicable to an& s)ppo%t- pension o% '%at)it& al%ead& e/istin' o% '%anted befo%e this Code beco(es effecti!e. "n#

ARTICLE $$2$.+)a%dians of the p%ope%t& of (ino%s- appointed b& the co)%ts befo%e this Code 'oes into effect- shall contin)e to act as s)ch- notwithstandin' the p%o!isions of a%ticle .$;. "n# ARTICLE $$2..Ri'hts to the inhe%itance of a pe%son who died- with o% witho)t a will- befo%e the effecti!it& of this Code- shall be 'o!e%ned b& the Ci!il Code of 188:- b& othe% p%e!io)s laws- and b& the R)les of Co)%t. The inhe%itance of those who- with o% witho)t a will- die afte% the be'innin' of the effecti!it& of this Codeshall be ad3)dicated and dist%ib)ted in acco%dance with this new bod& of laws and b& the R)les of Co)%t< b)t the testa(enta%& p%o!isions shall be ca%%ied o)t insofa% as the& (a& be pe%(itted b& this Code. The%efo%e- le'iti(es- bette%(entsle'acies and be5)ests shall be %espected< howe!e%- thei% a(o)nt shall be %ed)ced if in no othe% (anne% can e!e%& co(p)lso%& hei% be 'i!en his f)ll sha%e acco%din' to this Code. "R)le 1$a# cd

ARTICLE $$20.The stat)s and %i'hts of nat)%al child%en b& le'al fiction %efe%%ed to in a%ticle 8: and ille'iti(ate child%en (entioned in a%ticle $84- shall also be ac5)i%ed b& child%en bo%n befo%e the effecti!it& of this Code. "n# ARTICLE $$21.The %i'ht of %etention of %eal o% pe%sonal p%ope%t& a%isin' afte% this Code beco(es effecti!e- incl)des those thin's which ca(e into the c%edito%=s possession befo%e said date. "n# ARTICLE $$22.The followin' shall ha!e not onl& p%ospecti!e b)t also %et%oacti!e effect> "1#A%ticle .11- whe%eb& a descendant cannot be co(pelled- in a c%i(inal case- to testif& a'ainst his pa%ents and ascendants< "$#A%ticles 1;1 and 88- p%o!idin' a'ainst coll)sion in cases of le'al sepa%ation and ann)l(ent of (a%%ia'e< ".#A%ticles $8.- $80- and $8:- conce%nin' the p%oof of ille'iti(ate filiation< "0#A%ticle 8.8- a)tho%i,in' the p%obate of a will on petition of the testato% hi(self< "1#A%ticles 1.1: to 1.2:- %elati!e to the %efo%(ation of inst%)(ents< "2#A%ticles 042 to 081- %e')latin' actions to 5)iet title< "4#A%ticles $;$: to $;.1- which a%e desi'ned to p%o(ote co(p%o(ises. "n#

ARTICLE $$24.The followin' p%o!isions shall appl& not onl& to f)t)%e cases b)t also to those pendin' on the date this Code beco(es effecti!e> "1#A%ticle $:- %elati!e to c%i(inal p%osec)tions whe%ein the acc)sed is ac5)itted on the '%o)nd that his ')ilt has not been p%o!ed be&ond %easonable do)bt< "$#A%ticle ..- conce%nin' cases of defa(ation- f%a)d- and ph&sical in3)%ies. "n# cdt ARTICLE $$28.A)its between (e(be%s of the sa(e fa(il& which a%e pendin' at the ti(e this Code 'oes into effect shall be s)spended- )nde% s)ch te%(s as the co)%t (a& dete%(ine- in o%de% that a co(p%o(ise (a& be ea%nestl& so)'ht- o%- in case of le'al sepa%ation p%oceedin's- fo% the p)%pose of effectin'- if possible- a %econciliation. "n# ARTICLE $$2:.The p%inciples )pon which the p%ecedin' t%ansitional p%o!isions a%e based shall- b& analo'&- be applied to cases not specificall& %e')lated b& the(. "R)le 1.a# Repealin' Cla)se ARTICLE $$4;.The followin' laws and %e')lations a%e he%eb& %epealed> "1#Those pa%ts and p%o!isions of the Ci!il Code of 188: which a%e in fo%ce on the date when this new Ci!il Code beco(es effecti!e< "$#The p%o!isions of the Code of Co((e%ce 'o!e%nin' sales- pa%tne%shipa'enc&- loan- deposit and ')a%ant&< ".#The p%o!isions of the Code of Ci!il P%oced)%e on p%esc%iption as fa% as inconsistent with this Code< and "0#All laws- Acts- pa%ts of Acts- %)les of co)%t- e/ec)ti!e o%de%s- and ad(inist%ati!e %e')lations which a%e inconsistent with this Code. "n# casia App%o!ed> 9)ne 18- 1:0: