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Title IV - Estoppel
Title IV - Estoppel
- ESTOPPEL (n)
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. 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. 1436. A lessee or a bailee is estopped from asserting title to the thing leased
or received, as against the lessor or bailor.
(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.