(638a), ARTICLE 755. It is not essential to the validity of a resale that notice of the time and place of such resale should be given by the seller to the original buyer. Provisions of this Code which attach a civil sanction or penalty or a deprivation of rights to acts or omissions which were not penalized by the former laws, are not applicable to those who, when said laws were in force, may have executed the act or incurred in the omission forbidden or condemned by this Code. (n), ARTICLE 1564. If some stipulation of any contract should admit of several meanings, it shall be understood as bearing that import which is most adequate to render it effectual. ARTICLE 1765. In the partition the co-heirs shall reimburse one another for the income and fruits which each one of them may have received from any property of the estate, for any useful and necessary expenses made upon such property, and for any damage thereto through malice or neglect. The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a contract, and shall fill the omission of stipulations which are ordinarily established. (29a), ARTICLE 84. ARTICLE 2202. Legitimation shall take effect from the time of the child’s birth. ARTICLE 2235. The testator cannot impose any charge, condition, or substitution whatsoever upon the legitimes prescribed in this Code. (874a). (482), ARTICLE 575. ARTICLE 811. ARTICLE 940. ARTICLE 1545. ARTICLE 371. The co-debtors, guarantors and sureties shall be released. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. (366), ARTICLE 458. He shall not thereafter be liable to the original buyer upon the contract of sale or for any profit made by such resale, but may recover from the buyer damages for any loss occasioned by the breach of the contract of sale. ARTICLE 56. (2) A certified copy of the order of court in accordance with the provisions of the fourth paragraph; (3) After the certificate is duly amended in accordance with this article, the amended certificate shall thereafter be for all purposes the certificate provided for in this Chapter. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act. (n), ARTICLE 802. This action can only be exercised with respect to faults and defects which are determined by law or by local customs. The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from the time the disqualified person took possession thereof. ARTICLE 684. But if dissolution is caused by expulsion of a partner, bona fide under the partnership agreement and if the expelled partner is discharged from all partnership liabilities, either by payment or agreement under the second paragraph of article 1835, he shall receive in cash only the net amount due him from the partnership. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. ARTICLE 1446. ARTICLE 1818. If the document is non-negotiable, such person also acquires the right to notify the bailee who issued the document of the transfer thereof, and thereby to acquire the direct obligation of such bailee to hold possession of the goods for him according to the terms of the document. Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. The partnership shall be responsible to every partner for the amounts he may have disbursed on behalf of the partnership and for the corresponding interest, from the time the expenses are made; it shall also answer to each partner for the obligations he may have contracted in good faith in the interest of the partnership business, and for risks in consequence of its management. (n). Legitimation may be impugned by those who are prejudiced in their rights, when it takes place in favor of those who do not have the legal condition of natural children or when the requisites laid down in this Chapter are not complied with. Acceptance must be made during the lifetime of the donor and of the donee. (403), ARTICLE 498. ARTICLE 42. The legacy of a credit against a third person or of the remission or release of a debt of the legatee shall be effective only as regards that part of the credit or debt existing at the time of the death of the testator. ARTICLE 1404. ARTICLE 1317. ARTICLE 2233. (7) The individual property of a deceased partner shall be liable for the contributions specified in No. The administration shall cease in any of the following cases: (1) When the absentee appears personally or by means of an agent; (2) When the death of the absentee is proved and his testate or intestate heirs appear; cdasia. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or sum due. (740a), ARTICLE 833. The owner of domesticated animals may also claim them within twenty days to be counted from their occupation by another person. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated. ARTICLE 1664. ARTICLE 21. ARTICLE 904. Where the buyer is entitled to rescind the sale and elects to do so, if the seller refuses to accept an offer of the buyer to return the goods, the buyer shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to secure the payment of any portion of the price which has been paid, and with the remedies for the enforcement of such lien allowed to an unpaid seller by article 1526. ARTICLE 1365. ARTICLE 757. (645a). The liability of a third person becoming a partner in the partnership continuing the business, under this article, to the creditors of the dissolved partnership shall be satisfied out of the partnership property only, unless there is a stipulation to the contrary. The sums spent for the purposes stated in this article shall be deducted from the fruits. (n), ARTICLE 2031. ARTICLE 2247. ARTICLE 210. For the purposes of this article, the wife’s adultery need not be proved in a criminal case. 1 of article 1616. A limited partnership formed under the law prior to the effectivity of this Code, until or unless it becomes a limited partnership under this Chapter, shall continue to be governed by the provisions of the old law. (n), ARTICLE 789. ARTICLE 1179. In case a person declines an agency, he is bound to observe the diligence of a good father of a family in the custody and preservation of the goods forwarded to him by the owner until the latter should appoint an agent. ARTICLE 2168. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. Whenever the person obliged by the decree of annulment to return the thing can not do so because it has been lost through his fault, he shall return the fruits received and the value of the thing at the time of the loss, with interest from the same date. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, the judgment specifying the terms of such order. If the borrower pays interest when there has been no stipulation therefor, the provisions of this Code concerning solutio indebiti, or natural obligations, shall be applied, as the case may be. (1212a), ARTICLE 1304. If a building, wall, column, or any other construction is in danger of falling, the owner shall be obliged to demolish it or to execute the necessary work in order to prevent it from falling. Any stipulation that the arbitrators’ award or decision shall be final, is valid, without prejudice to articles 2038, 2039, and 2040. ARTICLE 424. The family home may be sold, alienated or encumbered by the person who has constituted the same, with the consent of his or her spouse, and with the approval of the court. 1, 2, 3, 4, and 5 of the preceding article, if the goods are lost, destroyed or deteriorated, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as required in article 1733. The Court of First Instance may, upon application of any member of the family, a relative, or a friend, appoint a family council, whose duty it shall be to advise the court, the spouses, the parents, guardians and the family on important family questions. All persons who are not expressly prohibited by law may make a will. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. (1595), ARTICLE 1727. ARTICLE 920. When a creditor whose claim is not mentioned in article 243 obtains a judgment in his favor, and he has reasonable grounds to believe that the family home of the judgment debtor is worth more than the amount mentioned in article 231, he may apply to the Court of First Instance for an order directing the sale of the property under execution. A general power of attorney is revoked by a special one granted to another agent, as regards the special matter involved in the latter. (38a), ARTICLE 47. ARTICLE 373. On application by or for a partner the court shall decree a dissolution whenever: (1) A partner has been declared insane in any judicial proceeding or is shown to be of unsound mind; (2) A partner becomes in any other way incapable of performing his part of the partnership contract; (3) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business; (4) A partner wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him; (5) The business of the partnership can only be carried on at a loss; (6) Other circumstances render a dissolution equitable. (3) Those where both parties are incapable of giving consent to a contract. Said official may also by regulations fix and collect fees for the authorization of priests and ministers to solemnize marriages. (n), ARTICLE 314. (1739). (n), ARTICLE 2049. (n), ARTICLE 808. So far as third persons are concerned, an act is deemed to have been performed within the scope of the agent’s authority, if such act is within the terms of the power of attorney, as written, even if the agent has in fact exceeded the limits of his authority according to an understanding between the principal and the agent. (n), ARTICLE 1960. ARTICLE 2212. ARTICLE 762. The right to receive support cannot be renounced; nor can it be transmitted to a third person. The indorsement of a document of title shall not make the indorser liable for any failure on the part of the bailee who issued the document or previous indorsers thereof to fulfill their respective obligations. In litigations, a guardian ad litem for the minor shall be appointed by the court. In a contract of sale of personal property the price of which is payable in installments, the vendor may exercise any of the following remedies: (1) Exact fulfillment of the obligation, should the vendee fail to pay; (2) Cancel the sale, should the vendee’s failure to pay cover two or more installments; (3) Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee’s failure to pay cover two or more installments.

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