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Art. 1431.

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

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