contract: [noun] a business arrangement for the supply of goods or services at a fixed price. [8], Poker, the most popular U.S. card game associated with gambling, derives from the Persian game As-Nas, dating back to the 17th century. In the latter case, the property not agreed upon as separate shall pertain to the conjugal partnership of gains. Only natural children who have been recognized by the parents before or after the celebration of the marriage, or have been declared natural children by final judgment, may be considered legitimated by subsequent marriage. This rule shall not apply when the condition, already complied with, cannot be fulfilled again. A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. If the thing sold had any hidden fault at the time of the sale, and should thereafter be lost by a fortuitous event or through the fault of the vendee, the latter may demand of the vendor the price which he paid, less the value which the thing had when it was lost. If the loser refuses or neglects to bring an action to recover what has been lost, his or her creditors, spouse, descendants or other persons entitled to be supported by the loser may institute the action. (n), CHAPTER 4Authority to Solemnize Marriages, Article 92. Those who put their labor upon or furnish materials for a piece of work undertaken by the contractor have an action against the owner up to the amount owing from the latter to the contractor at the time the claim is made. The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. (n), Article 1900. 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. A contract is considered void in all of the following situations EXCEPT, An insurance company can be liable for a producer's unauthorized acts, when the agency contract is unclear concerning the authority given. All movables which are within commerce may be pledged, provided they are susceptible of possession. A negotiable document of title may be negotiated by delivery: (1) Where by the terms of the document the carrier, warehouseman or other bailee issuing the same undertakes to deliver the goods to the bearer; or. The form or manner of using the easement may prescribe as the easement itself, and in the same way. Any stipulation exempting the vendor from the obligation to answer for eviction shall be void, if he acted in bad faith. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order: (2) From the descendants of the nearest degree; (3) From the ascendants, also of the nearest degree; Among descendants and ascendants the order in which they are called to the intestate succession of the person who has a right to claim support shall be observed. (n). Article 772. Without a clear indication of the parties' intention, however, the presence of a seal, such as a corporate seal, is insufficient to create a contract under seal. In order for a contract to be valid, it must. Life annuity shall be void if constituted upon the life of a person who was already dead at the time the contract was entered into, or who was at that time suffering from an illness which caused his death within twenty days following said date. A limited partner holds as trustee for the partnership: (1) Specific property stated in the certificate as contributed by him, but which was not contributed or which has been wrongfully returned, and. Each generation forms a degree. (1489a), Article 1571. Not only do the parties hope to gain from the bet, they place the bet also to demonstrate their certainty about the issue. The ownership of personal property also prescribes through uninterrupted possession for eight years, without need of any other condition. When the manner of management has not been agreed upon, the following rules shall be observed: (1) All the partners shall be considered agents and whatever any one of them may do alone shall bind the partnership, without prejudice to the provisions of article 1801. Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. (n), Article 2002. Article 1709. No limited partner shall in respect to any such claim: (1) Receive or hold as collateral security any partnership property, or. Article 360. However, if the thing or any part thereof has been delivered to and appropriated by the buyer he must pay a reasonable price therefor. An admission or representation made by any partner concerning partnership affairs within the scope of his authority in accordance with this Title is evidence against the partnership. When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will. Due to the nature of an insurance agreement, each party needs - and is legally entitled - to rely upon the representations and declarations of the other. The limited partners as such shall not be bound by the obligations of the partnership. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor. (890a), Article 956. In any of the foregoing cases, any money, fruits, or other benefit to be received by the vendee as rent or otherwise shall be considered as interest which shall be subject to the usury laws. The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code. Article 1738. Once fixed by the courts, the period cannot be changed by them. If no agreement is still arrived at, the court will decide whatever may be proper and in the best interest of the family. This action prescribes within one year, to be counted from the time the donor had knowledge of the fact and it was possible for him to bring the action. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. The guarantor may set up against the creditor all the defenses which pertain to the principal debtor and are inherent in the debt; but not those that are personal to the debtor. A private person may file an action on account of a public nuisance, if it is specially injurious to himself. (c) Those owing to partners in respect of capital. (1540a), Article 1641. (40a), Article 51. Potential unequal exchange of value for both parties (1530a), Article 1630. The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. (464a), Article 560. The direct line is either descending or ascending. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. Article 2216. But if the inheritance has been divided, and the thing sold has been awarded to one of the heirs, the action for redemption may be instituted against him for the whole. The parents of the female seduced, abducted, raped, or abused, referred to in No. Article 559. If the price is simulated, the sale is void, but the act may be shown to have been in reality a donation, or some other act or contract. (761a), Article 1036. (n), Article 1150. (n), Article 806. Article 229. A possessor in good faith is entitled to the fruits received before the possession is legally interrupted. (1593a), Article 1725. The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. (786), Article 869. (1384a). Where the goods are of perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price for an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods. (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform. For determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and annotations, the manner of keeping the books in the Registry, and the value of the entries contained in said books, the provisions of the Mortgage Law, the Land Registration Act, and other special laws shall govern. (1411a), SECTION 5Administration of the Conjugal Partnership, Article 165. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother. Article 1664. When without the fault of the heir, an institution referred to in the preceding article cannot take effect in the exact manner stated by the testator, it shall be complied with in a manner most analogous to and in conformity with his wishes. Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant. (511), Article 602. Article 1387. If the deposit is gratuitous, this fact shall be taken into account in determining the degree of care that the depositary must observe. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be clearly established in order that it may take effect. (1462a). Unless there is a stipulation to the contrary, the pledge shall extend to the interest and earnings of the right pledged. Nothing in this Title shall be held to deprive a partner of his right, if any, under the exemption laws, as regards his interest in the partnership. (415), Article 511. This occurs in particular when two people have opposing but strongly held views on truth or events. Payment shall be made in the place designated in the obligation. (5) An assignee for the benefit of creditors or any person appointed by the court shall have the right to enforce the contributions specified in the preceding number. (1180), Article 1261. The second heir shall acquire a right to the succession from the time of the testator's death, even though he should die before the fiduciary. 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.
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