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Title IV.

- ESTOPPEL (n)

Art. 1431. Through estoppel an admission or representation is rendered


conclusive upon the person making it, and cannot be denied or disproved as
against the person relying thereon.

Art. 1432. The principles of estoppel are hereby adopted insofar as they are not
in conflict with the provisions of this Code, the Code of Commerce, the Rules of
Court and special laws.

Art. 1433. Estoppel may be in pais or by deed.

Art. 1434. When a person who is not the owner of a thing sells or alienates and
delivers it, and later the seller or grantor acquires title thereto, such title passes
by operation of law to the buyer or grantee.

Art. 1435. If a person in representation of another sells or alienates a thing, the


former cannot subsequently set up his own title as against the buyer or grantee.

Art. 1436. A lessee or a bailee is estopped from asserting title to the thing leased
or received, as against the lessor or bailor.

Art. 1437. When in a contract between third persons concerning immovable


property, one of them is misled by a person with respect to the ownership or real
right over the real estate, the latter is precluded from asserting his legal title or
interest therein, provided all these requisites are present:

(1) There must be fraudulent representation or wrongful concealment of facts


known to the party estopped;

(2) The party precluded must intend that the other should act upon the facts as
misrepresented;

(3) The party misled must have been unaware of the true facts; and

(4) The party defrauded must have acted in accordance with the
misrepresentation.
Art. 1438. One who has allowed another to assume apparent ownership of
personal property for the purpose of making any transfer of it, cannot, if he
received the sum for which a pledge has been constituted, set up his own title to
defeat the pledge of the property, made by the other to a pledgee who received
the same in good faith and for value.
Art. 1439. Estoppel is effective only as between the parties thereto or their
successors in interest.

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