Through estoppel an provided all these requisites are
admission or representation is present: rendered conclusive upon the (1) There must be fraudulent person making it, and cannot be representation or wrongful denied or disproved as against concealment of facts known to the person relying thereon. the party estopped; (2) The party precluded must Art. 1432. The principles of intend that the other should act estoppel are hereby adopted upon the facts as insofar as they are not in misrepresented; conflict with the provisions of (3) The party misled must have this Code, the Code of been unaware of the true facts; Commerce, the Rules of Court and and special laws. (4) The party defrauded must have acted in accordance with Art. 1433. Estoppel may be in the misrepresentation. pais or by deed. Art. 1438. One who has allowed Art. 1434. When a person who another to assume apparent is not the owner of a thing sells ownership of personal property or alienates and delivers it, and for the purpose of making any later the seller or grantor transfer of it, cannot, if he acquires title thereto, such title received the sum for which a passes by operation of law to pledge has been constituted, the buyer or grantee. set up his own title to defeat the pledge of the property, Art. 1435. If a person in made by the other to a pledgee representation of another sells who received the same in good or alienates a thing, the former faith and for value. cannot subsequently set up his own title as against the buyer or Art. 1439. Estoppel is effective grantee. only as between the parties thereto or their successors in Art. 1436. A lessee or a bailee is interest. estopped from asserting title to the thing leased or received, as Art. 1440. A person who against the lessor or bailor. establishes a trust is called the trustor; one in whom Art. 1437. When in a contract confidence is reposed as between third persons regards property for the benefit concerning immovable of another person is known as property, one of them is misled the trustee; and the person for by a person with respect to the whose benefit the trust has ownership or real right over the been created is referred to as real estate, the latter is the beneficiary. precluded from asserting his legal title or interest therein, Art. 1441. Trusts are either express or implied. Express trusts are created by the Art. 1448. There is an implied intention of the trustor or of trust when property is sold, and the parties. Implied trusts come the legal estate is granted to into being by operation of law. one party but the price is paid by another for the purpose of Art. 1442. The principles of the having the beneficial interest of general law of trusts, insofar as the property. The former is the they are not in conflict with this trustee, while the latter is the Code, the Code of Commerce, beneficiary. However, if the the Rules of Court and special person to whom the title is laws are hereby adopted. conveyed is a child, legitimate or illegitimate, of the one Art. 1443. No express trusts paying the price of the sale, no concerning an immovable or trust is implied by law, it being any interest therein may be disputably presumed that there proved by parol evidence. is a gift in favor of the child.
Art. 1444. No particular words Art. 1449. There is also an
are required for the creation of implied trust when a donation an express trust, it being is made to a person but it sufficient that a trust is clearly appears that although the legal intended. estate is transmitted to the donee, he nevertheless is either Art. 1445. No trust shall fail to have no beneficial interest or because the trustee appointed only a part thereof. declines the designation, unless the contrary should appear in Art. 1450. If the price of a sale the instrument constituting the of property is loaned or paid by trust. one person for the benefit of another and the conveyance is Art. 1446. Acceptance by the made to the lender or payor to beneficiary is necessary. secure the payment of the debt, Nevertheless, if the trust a trust arises by operation of imposes no onerous condition law in favor of the person to upon the beneficiary, his whom the money is loaned or acceptance shall be presumed, for whom its is paid. The latter if there is no proof to the may redeem the property and contrary. compel a conveyance thereof to him. Art. 1447. The enumeration of the following cases of implied Art. 1451. When land passes by trust does not exclude others succession to any person and established by the general law he causes the legal title to be of trust, but the limitation laid put in the name of another, a down in Article 1442 shall be trust is established by applicable. implication of law for the benefit of the true owner. Art. 1452. If two or more trustee of an implied trust for persons agree to purchase the benefit of the person from property and by common whom the property comes. consent the legal title is taken in the name of one of them for Art. 1457. An implied trust may the benefit of all, a trust is be proved by oral evidence. created by force of law in favor of the others in proportion to the interest of each.
Art. 1453. When property is
conveyed to a person in reliance upon his declared intention to hold it for, or transfer it to another or the grantor, there is an implied trust in favor of the person whose benefit is contemplated.
Art. 1454. If an absolute
conveyance of property is made in order to secure the performance of an obligation of the grantor toward the grantee, a trust by virtue of law is established. If the fulfillment of the obligation is offered by the grantor when it becomes due, he may demand the reconveyance of the property to him.
Art. 1455. When any trustee,
guardian or other person holding a fiduciary relationship uses trust funds for the purchase of property and causes the conveyance to be made to him or to a third person, a trust is established by operation of law in favor of the person to whom the funds belong.
Art. 1456. If property is
acquired through mistake or fraud, the person obtaining it is, by force of law, considered a