What is new Civil Code of the Philippines?
The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments.
What does art 10 of the Civil Code say?
the silence, obscurity or insufficiency of the laws. presumed that the lawmaking body intended right and justice to prevail. stated in Article 10. shall not be countenanced.
What is Article 1623 of the Civil Code?
Art. 1623 of the Civil Code provides: The right of legal pre-emption or redemption shall not be exercised except within thirty days from the notice in writing by the prospective vendor, or by the vendor, as the case maybe. The right of redemption of co-owners excludes that of adjoining owners.
What is Article 1161 all about?
Article 1161 of the Civil Code provides that civil obligations resulting from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177 and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVII of said Code, regulating damages.
What is pacto de retro?
It means sale with stipulation for repurchase. It is a principal contract. It also means contract of retrocession and it was used historically: It was the process by which a principal acquired control of most land in the province, pacto de retrovendendo (pacto de retro, or pacto, for short).
Why is Pactum Commissorium void?
The first element is present, considering that the property of the debtor was mortgaged in favor of the creditor to secure the former’s indebtedness. The transfer of property that was made upon default by the debtor makes it in the nature of a pactum commissorium, hence, null and void.
When did the Civil Code of the Philippines start?
Republic Act No. 386 June 18, 1949 The Civil Code of the Philippines AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. – CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS
What is Article 26 of the Civil Code of the Philippines?
Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:
What does usufruct mean in the Civil Code of the Philippines?
Art. 562. Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. (467)
What are the laws of the Philippines Article 14?
Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations.