Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. Notes: 1) Definitions. a. Juridical capacity – “is the…
Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. Notes: 1) Definition. a. Natural persons – refer to individuals or human beings. 2) Birth is what determines legal personality. For…
Article 44. The following are juridical persons: (1) The State and its political subdivisions; (2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law; (3) Corporations, partnerships and associations for private interest or purpose to which the law…
Chapter 3: Prescription of Actions Article 1139. Actions prescribe by the mere lapse of time fixed by law. (1961) Article 1141. Real actions over immovables prescribe after thirty years. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. (1963) Article 1144. The following actions…
Article 1117. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary. Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law. (1940a) A. Notes 1) Definitions. a. Prescription – in the context of ownership and possession, “is another mode of acquiring…
Chapter 1: General Provisions Article 1106. By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. In the same way, rights and conditions are lost by prescription. (1930a) Notes: 1) Definitions. a. Prescription – in the context of ownership under…
Article 48. [NB: This is superseded by Section 1, Article IV, 1987 Constitution] Notes: 1) Article 48 of the Civil Code provided for a list as to who were considered Filipino citizens. Since the Civil Code became effective on August 30, 1950, the subsequent adoption of the 1987 Constitution effectively superseded the provisions on citizenship….
1. Concepts “Legal succession” or “intestate succession” takes place: 1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; 2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession…
1. DEFINTIONS Succession. Succession – is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. (Article 774, Ibid.) Decedent. Decedent –…
1. RIGHTS OF THE LESSEE Rights of the lessee: 1) To suspend rent payments; The lessee may suspend the payment of the rent in case the lessor fails to make the necessary repairs or to maintain the lessee in peaceful and adequate enjoyment of the property leased. (Article 1658, Ibid.) 2) To rescission and indemnification…