civil law dlsu bar commission

7/25/2019 Civil Law DLSU Bar Commission

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LASALLIAN COMMISSION ON BAR OPERATIONS

ACADEMICS COMMITTEE 2015-2016

CIVIL LAW TIPS

I. PERSONS AND FAMILY RELATIONS StephanieRojas

(! Me"o#i$e essentia% an& 'o#"a% #e)isitesArt. 2. No marriage shall be valid, unless these essentialrequisites are present:

1) Legal capacity of the contracting parties homust be a male and a female! and

2) "onsent freely given in the presence of thesolemni#ing officer. $%&a)

(*! St#i+t stan&a#&

De'inition o' St#i+t an& Stan&a#& test'he child(s legitimacy may be impugned only under thestrict standards provided by la.

Art. 1. Legitimacy of a child may be impugned only onthe folloing grounds:1) 'hat it as physically impossible for the husband to

have se*ual intercourse ith his ife ithin the first12+ days of the &++ days hich immediatelypreceded the birth of the child because of:a) the physical incapacity of the husband to have

se*ual intercourse ith his ife!b) the fact that the husband and ife ere living

separately in such a ay that se*ual intercourseas not possible! orc) serious illness of the husband, hich absolutely

prevented se*ual intercourse!

2) 'hat it is proved that for biological or other scientificreasons, the child could not have been that of thehusband, e*cept in the instance provided in thesecond paragraph of Article 1! or

&) 'hat in case of children conceived through artificialinsemination, the ritten authori#ation or ratificationof either parent as obtained through mista-e, fraud,violence, intimidation, or undue influence. $2%%a)

Art. 1. 'he child shall be considered legitimatealthough the mother may have declared against itslegitimacy or may have been sentenced as an adulteress

A#t. ,- possi%e a#eas 'o# sit)ationArt. . /n order that any 0/3/"A/N in the marriagesettlements may be 4AL/, it must be made 56376the celebration of the marriage, sub8ect to the provisionsof Articles , , 129, 1&% and 1&.

hatever regime of property relation that spouses mayadopt is ;N"


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A#t. 34. Any of the folloing shall be consideredsufficient cause for 8udicial separation of property:

1) 'hat the spouse of the petitioner has beensentenced to a penalty hich carries ith it civilinterdiction!

2) 'hat the spouse of the petitioner has been 8udiciallydeclared an absentee!

&) 'hat loss of parental authority of the spouse ofpetitioner has been decreed by the court!

) 'hat the spouse of the petitioner has abandoned thelatter or failed to comply ith his or her obligations tothe family as provided for in Article 1+1!

%) 'hat the spouse granted the poer of administrationin the marriage settlements has abused that poer!and

) 'hat at the time of the petition, the spouses havebeen separated in fact for at least one year andreconciliation is highly improbable.

/n the cases provided for in Numbers $1), $2) and $&), thepresentation of the final 8udgment against the guilty orabsent spouse shall be enough basis for the grant of thedecree of 8udicial separation of property.

A#t. 3-. 'he spouses may 8ointly file a verified petitionith the court for the voluntary dissolution of theabsolute community or the con8ugal partnership of gains,and for the separation of their common properties.

All creditors of the absolute community or of the con8ugalpartnership of gains, as ell as the personal creditors ofthe spouse, shall be listed in the petition and notified ofthe filing thereof. 'he court shall ta-e measures toprotect the creditors and other persons ith pecuniaryinterest.

A#t. 05

Art. 9. /f the future spouses agree upon a regime otherthan the absolute community of property, they cannotdonate to each other in their marriage settlements morethan onefifth of their present property. Any e*cess shall

be considered void.

onations of future property shall be governed by theprovisions on testamentary succession and theformalities of ills. $1&+a

(-! A#t. 65 an& *

ONLY DIFFERENCE 2ETWEEN ART. 65$A"@) an&ART. *$"@=)7(A! A#t. 65. (pa#. 6!

$B) Ante8n)ptia% &ets of either spouse othethan those falling under paragraph $) of this

Article, the s)ppo#t o' i%%e9iti"ate +hi%en oeither spouse, and %iai%ities in+)##e&by eithespouse : #eason o' a +#i"e o# a )asi8&e%i+tin case of absence or insufficiency of thee*clusive property of the debtorspouse, thepayment of hich shall be considered asadvances to be deducted from the share of thedebtorspouse upon liquidation of thecommunity! and

A#t. *. (pa#. 4!$%) All ta*es and e*penses for mere preservationmade during the marriage upon the separate

property of either spouse!NOTE7 'he phrase in art. B, Cused by thefamilyD is omitted.

(0! Me"o#i$e A#t. ,Art. 11. 'he folloing are con8ugal partnershipproperties:

1) 'hose acquired by onerous title during themarriage at the e*pense of the common fundhether the acquisition be for the partnership, orfor only one of the spouses!

2) 'hose obtained from the labor, industry, or- orprofession of either or both of the spouses!

&) 'he fruits, natural, industrial, or civil, due oreceived during the marriage from the commonproperty, as ell as the net fruits from thee*clusive property of each spouse!

) 'he share of either spouse in the hiddentreasure hich the la aards to the finder oroner of the property here the treasure isfound!

%) 'hose acquired through occupation such asfishing or hunting!

) Livestoc- e*isting upon the dissolution of thepartnership in e*cess of the number of each -indbrought to the marriage by either spouse! and

) 'hose hich are acquired by chance, such asinnings from gambling or betting.


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of the family for a period of ten years or for as long asthere is a minor beneficiary, and the heirs cannot

partition the same unless the court finds compellingreasons therefor. 'his rule shall apply regardless ofhoever ons the property or constituted the familyhome. $2&9a)

(! A#t. ,*"hapter 2. @roof of 3iliation

Art. 12. 'he filiation of legitimate children is establishedby any of the folloing:1) 'he record of birth appearing in the civil register or a

final 8udgment! or2) An admission of legitimate filiation in a public

document or a private handritten instrument andsigned by the parent concerned.

/n the absence of the foregoing evidence, the legitimatefiliation shall beproved by:

1) 'he open and continuous possession of thestatus of a legitimate child! or

2) Any other means alloed by the 7ules of "ourtand special las. $2%a, 2a, 2a)

(*! A#t --Art. 1. Legitimacy of a child may be impugned only onthe folloing grounds:

1) 'hat it as physically impossible for the husband tohave se*ual intercourse ith his ife ithin the first12+ days of the &++ days hich immediatelypreceded the birth of the child because of:

a. the physical incapacity of the husband tohave se*ual intercourse ith his ife!

b. the fact that the husband and ife ereliving separately in such a ay that se*ualintercourse as not possible! or

c. serious illness of the husband, hichabsolutely prevented se*ual intercourse!

2) 'hat it is proved that for biological or other scientificreasons, the child could not have been that of thehusband, e*cept in the instance provided in thesecond paragraph of Article 1! or

&) 'hat in case of children conceived through artificialinsemination, the ritten authori#ation or ratificationof either parent as obtained through mista-e, fraud,violence, intimidation, or undue influence. $2%%a)

2i#th Ce#ti'i+ate +annot e )se& as e


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7A 9+B: CAn Act Loering 'he Age 3 0a8ority 3rom'entyne 'o 6ighteen GearsHD

6mancipation shall terminate parental authority over theperson and property of the child ho shall then bequalified and responsible for all acts of civil life and itta-es place by the attainment of ma8ority. 0a8oritycommences at the age of eighteen $19) years.

II. O2LIATIONS AND CONTRACTS

Option Cont#a+t 8 'his is a preparatory contract inhich one party grants to the other, for a fi*ed period

and under specified conditions, the poer to decidehether or not to enter into a principal contract. /t mustbe supported by an independent consideration, and thegrand must be e*clusive. 'he offer may not beithdran until after the e*piration of the option period.$'olentino, 4ol. /4! Art.1&2, 1B N"")

De'e+ti


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preservation of land and lu*urious e*penses$should L ant to acquire lu*urious

improvements) plus damages.

6ntitled to reimbursement for necessary e*penses forpreservation of land but no right of retention.

Not entitled to reimbursement for useful e*penses andcannot remove even if removal ill not cause in8ury.

Not entitled to reimbursement for lu*urious e*pensese*cept hen L ants to acquire lu*uriousimprovements $value of hich illtime L enters into

6ntitled to remove lu*urious improvements if it ill notcause in8ury and L does not ant to acquire them.

ption 2: 'o oblige the 5@ to buy land or ? topay proper rent plus damages.

bliged to pay for land or proper rent and paydamages.

ption &: 'o compel 5@? to remove ordemolish or- done plus damages.

bliged to remove or demolish or- done at hise*pense and pay damages.

". 5ad 3aith =ood 3aith

'o acquire hatever has been built, plantedor son or by paying indemnity plusdamages.

/f L acquires hatever has been built,son, 5@? must be indemnified thedamages.

$/f L does not acquire hatever has beenplanted or son, 5@? cannot insist onland).

5@? can remove hatever has been built,son regardless of hether or not it ill cause in8ury

and ill be entitled to damages.. 5ad 3aith 5ad 3aith

?ame as A. ?ame as A.

N""1%$%) 0achinery I /mmovable by destination I'he machinery as placed by the land oner or aperson authori#ed by the land oner. /t becomes part ofthe land, hence, also an immovable.

6K"6@'/N: hen lessee attached it I 'he machineryplaced by the lessee is only considered movableproperty because the lessee has to remove it after thelease contract.

6K"6@'/N ' '


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- N""B% says cooners can(t divide cooned thing if it is indivisible, li-e a car. 5ut

N""B9 says cooners may divide bydistributing proceeds after the thing is sold.

1IETIN OF TITLE

ART. 5,-B NCC.I hen there(s a cloud on title to realproperty or any interest on it $7emdial). r hen thepurpose is to prevent a cloud from being cast upon thetitle to such property $@reventive).

@rescription to bring an action for quieting of title:a. /f plaintiff is in possession, period does not

prescribe!

b. /f plaintiff is not in possession, periodprescribes $?o it depends on the status ofthe actual possessor, hether he(s in goodM1+ years or bad faith M&+ years)

PRINCIPLE OF TACIN POSSESSION (ART. 433BNCC!

$1) N""%&& tal-s about possession thru successionmortis causa and the acceptance of an heir isimportant here so there(s no interruptionbeteen the heir(s predecessor, and the heir(spossession.- 6*ample: ad died on >une 1, 2++&. ?on

accepted the inheritance on >une 2%, 2++&.?on(s possession transmitted not on the dayhe accepted $>une 2%) but on >une 1, theday his dad died.

- /f heir refuses to accept eemed he neverpossessed.

ART. 446B NCC.I /n the case of Edca Publishing vs.Santos, petitioner oner sold boo-s to 5. 5 issued chec-to petitioner for payment. 5 then sold the boo-s to ".Later on, the chec- issued by 5 to petitioner, bounced."an petitioner use N""%%B in recovering his boo-s to"O

Anser: N. 6dca as not unlafully deprived becausethere as payment made to him despite the fact that itbounced. 6dca(s remedy is to rescind the contract to 5and file replevin for the return of the boo-s. "ontrast thiscase to the case here a casino chip as paid! theoner of the chips ere forced by the guards of thecasino to return the chips.


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a. @ositive easement I from day on hichdominant estate e*ercised the easement

upon the servient estate!b. Negative easement I 5y notarial

prohibition then the 1+ year prescriptionruns $'a-e note that to acquire this typeof easement, a notarial prohibition aloneis not enough, hence, notarial prohibitionand after the 1+ years, easement isacquired by dominant estate)

ROSALES


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b. 'he acceptance may be made in the same deedor in a separate public document.

c. /f the acceptance is made in a separateinstrument, the donor shall be notified. 'heacceptance shall be noted in both instruments.

d. 'he donation, shall not ta-e effect unless doneduring the lifetime of the donor.

e. /n anquilan v. /A", the "ourt held that a publicinstrument is not necessary in cases of onerousdonation because they are governed by the ruleson contracts.

FORMS OF DONATION7

$1) A7'. 29 I onation mortis causa. 'his

donation shall ta-e effect upon the death of thedonor.

a. 'he donation must be in the form of aill, ith all the formalities for the validityof ills.

b. /f not in a valid ill, the donation is voidand cannot transfer onership.

c. 7evocable upon the e*clusive ill of thedonor $any time, any cause).

$2) A7'. 2B I onation intervivos. 'his donationshall ta-e effect independently of the donor(sdeath.

a. 'he donation must be e*ecuted andaccepted ith the formalities under Arts.9 and B $e*cept onerous donation Igoverned by rules of contracts).

b. /rrevocablei. 7evocable only under the

reasons provided in Article +, and %.

$&) N'6: /n case of doubt, the conveyance shouldbe deemed a donation inter vivosrather than amortis causain order to avoid uncertainty as toonership of the property $@uig et. al v.@ePaflorida et. al)

IV. S1CCESSION

COMMON RE1IREMENTS FOR 2OT INDS OFWILLS (ART. 0;5B NCC!

$1) 0ust be in riting$2) 6*ecuted in the language or dialect -non to the

testatorSPECIAL RE1IREMENTS FOR AN ATTESTED WILL(ART. 0;4B NCC!

$1) 0ust be subscribed in the end thereof by thetestator himself, or the testator(s name ritten by

some other person in his presence ritten, andby his e*press direction!

$2) 0ust be attested and subscribed by three omore credible itnesses in the presence of thetestator and one another!

$&) 'he testator or the person requested by him torite his name and the itnesses shall sign eachand every page thereof, e*cept the last, on theleft margin!

$) All the pages shall be numbered correlatively, inletters, placed on the upper part of each page!

$%) 'he attestation shall state:a. Number of pages used upon hich the

ill is ritten!b. 'he fact that the testator signed the il

and every page thereof, or caused someother person to rite his name, undehis e*press direction, in the presence othe instrumental itnesses! and

c. 'hat the latter itnessed and signed theill and all the pages thereof in thepresence of the testator and of oneanother.

$) 0ust be ac-noledged before a notary public bythe testator and the itnesses. $Art. 9+)

LI2ERALITY PRINCIPLE (S12STANTIALCOMPLIANCE!

'he doctrine of liberal interpretation as applied to defectsand imperfections in the attestation clause is noembodied in N"" 9+B. According to this article I C/n theabsence of bad faith, forgery, or fraud, or undue andimproper pressure or influence, defects andimperfections in the form of the attestation or in thelanguage used therein shall not render the ill invalid if itis proved that the ill as in fact e*ecuted and attestedin substantial compliance ith all the requirements of Art9+%.D urado, 2++B)

TENDER CARE R1LE

/f defect is not fatal to the ill, tender care must be givenby the court to the ill because a ill is the voice of thetestator even after his death.

PRETERITION


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/n order to invo-e the remedy provided in N"" 9%, thecompulsory heir claiming to have been preterited must

prove four essential requisites:i) 'he preterited compulsory heir is totally omitted!

'he preterited heir:a) received nothing from the testator by

donations inter vivos hich the laconsiders as an advance legitime andtherefore creditable thereto!

b) received nothing from the testator by illbecause he or she had been totallyomitted therefrom! and

c) ill receive nothing by ay of intestatesuccession because the testatordisposed the entire estate by ill.

ii)'he omitted heir must be a compulsory heir!iii) 'he omitted compulsory heir must be an

heir in the direct line!iv) 'he omitted compulsory heir must

survive the testator.(Sebastian, !"#$

COLLATION

N"" B+9 succinctly describes collation as a merenotional process of adding bac- the values of alldonations inter vivos made by the testator to the value ofthe net hereditary estate. 5y Cnotional processD, it meansthat the donated property is not physically ta-en bac-

from the done, after all, the done acquired title theretounder a valid donation. Accordingly, only the values ofthe donations are brought bac- to the net hereditaryestate to ensure that the same are accounted for in thedetermination of the legitime and in the partition of theestate. (Sebastian, !"#$

ART. 6


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right or interest in any property from hich thereturns are derived!

$) 'he receipt by a person of a share of theprofits of a business is prima facie evidence thathe is a partner in the business, but no suchinference shall be dran if such profits erereceived in payment:

a) As a debt by installments or otherise!b) As ages of an employee or rent to a

landlord!c) As an annuity to a ido or

representative of a deceased partner!d) As interest on a loan, though the amount

of payment vary ith the profits of thebusiness!

e) As the consideration for the sale of agoodill of a business or other propertyby installments or otherise.

LIMITATIONS OF IND1STRIALB CAPITAL ANDMANAIN PARTNER

In&)st#ia% Pa#tne#

cannot engage in business for himself, unless

the partnership e*pressly permits him to do so!and if he should do so, the capitalist partnersmay either e*clude him from the firm or availthemselves of the benefits hich he may have

obtained in violation of this provision, ith a rightto damages in either case. $Art. 19B, N"")

Not obliged to contribute additional share to the

capital in case of an imminent loss of thebusiness of the partnership, absent anyagreement to the contrary. $Art. 1B1, N"")

?hall not share in the losses of the partnership in

the absence of stipulation. $Article 1B, N"")

Capita%ist Pa#tne#

"annot engage for their on account in any

operation hich is of the same -ind as thepartnership, unless there is a stipulation to the

contrary. $Art. 19+9, N"")

Mana9in9 Pa#tne#

"annot e*ecute acts of administration hen

opposed by partners hen acting in bad faith.$Art. 19++, N"")

hen there are to or more managing partners,

in case it should have been stipulated that noneof the managing partners shall act ithout theconsent of the others, the concurrence of allshall be necessary for the validity of the acts,and the absence or disability of any one of them

cannot be alleged, unless there is imminendanger of grave or irreparable in8ury to the

partnership. $Art. 19+2, N"")

DELECT1S PERSONAE

0utual agency

No ne partner shall be admitted to the

partnership ithout the consent of all the otherpartners, as in the folloing articles in the "ivi"ode:

Art. 19+ 6very partner may associate anotheperson ith him in his share, but the associateshall not be admitted into the partnership ithouthe consent of all the other partners, even if the

partner having an associate should be amanager.

Art. 191&. A conveyance by a partner of hishole interest in the partnership does not oitself dissolve the partnership, or, as against theother partners in the absence of agreemententitle the assignee, during the continuance othe partnership, to interfere in the managemenor administration of the partnership business oaffairs, or to require any information or accounof partnership transactions, or to inspect thepartnership boo-s! but it merely entitles the

assignee to receive in accordance ith hiscontract the profits to hich the assigningpartner ould otherise be entitled.


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termination of any specified term orparticular underta-ing

d. 6*pulsion of any partner in good faith ofa member

$2) 4iolation of the agreement$&) ;nlafulness of the business$) Loss

a. ?pecific thing promised as contributionis lost or perished before delivery

b. Loss of a specific thing contributedbefore or after delivery, if only the use ofsuch is contributedNote: 'he partnership shall not bedissolved by the loss of the thing hen itoccurs after the partnership has

acquired the onership thereof.$%) eath of any of the partners$) /nsolvency of any partner or of the partnership$) "ivil interdiction of any partner$9) 5y decree of court under Art. 19&1, N""

a. a partner has been declared insane or ofunsound mind

b. a partner becomes in any other ayincapable of performing his part of thepartnership contract

c. a partner has been guilty of suchconduct as tends to affect pre8udiciallythe carrying on of the business

d. a partner ilfully or persistently commitsa breach of the partnership agreemente. the business of the partnership can only

be carried on at a lossf. other circumstances render a dissolution

equitable. $Art. 19&+19&1, N"")

PARTNERSIP 2Y ESTOPPEL (A#ti+%e 0*4B NCC!(! irectly represents himself to anyone as a

partner in an e*isting partnership or in a e*isting partnership

(*! /ndirectly represents himself by consenting toanother representing him as a partner in ane*isting partnership or in a none*istingpartnership

LIA2ILITIES IN CASE OF ESTOPPEL

$1) hen @artnership is Liable. /f all actual partnersconsented to the representation, then the liabilityof the person ho represented himself to be apartner or ho consented to such representationand the actual partner is considered apartnership liability.

$2) hen Liability is @7 7A'A. hen there is noe*isting partnership and all those represented as

partners consented to the representation, thenthe liability of the person ho represented

himself to be a partner and all ho made andconsented to such representation, is 8oint or prorata.

$&) hen Liability is ?6@A7A'6. hen there is noe*isting partnership and not all but only some ofthose represented as partners consented to therepresentation, or none of the partnership in ane*isting partnership consented to suchrepresentation, then the liability ill be separate

VI. SALES

CONTRACT OF SALE


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RECTO


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the thing ill bedevoted should not

be immoral . nerous $there

must be rent orpricecertain)

9. @eriod is'emporary

B. @eriod i s either definite or indefinite/fno termis fi'ed, e shouldapply Art.192 (forrural leases$ and

Art. 19(for urban

leases$/f the term isfi'ed but indefinite,the courtill fi* theterm under the laonobligations andcontracts and

1+. Lessor need notbe the oner

=enerallygratuitous

e*cept henthere is astipulation tothe contrary,hendepositary isengaged inthe businessof storinggoods, andhereproperty issaved Eo

-noledge ofthe oner

VII. PERIODS OF PRESCRIPTION

CA1SES PRESCRIPTIVE PERIOD

Action to recover movables eight years from the time thepossession thereof is lost

7eal actions over immovable after thirty years

A mortgage action after ten years

'o demand a right of ay,regulated in Article B!

"annot be e*tingprescription

'o bring an action to abate apublic or private nuisance.

"annot be e*tingprescription

;pon a ritten contract! ithin ten years f rom right of action accrues

;pon an obligation created byla!

ithin ten years from right of action accrues:

;pon a 8udgment. ithin ten years from right of action accrues:

;pon an oral contract ithin si* years

;pon a quasicontract. ithin si* years

;pon an in8ury to the rights ofthe plaintiff!

ithin four years

;pon a quasidelict ithin four years

the action arises from or outof any act, activity, or conductof any public officer involvingthe e*ercise of poers orauthority arising from 0artialLa including the arrest,detention andEor trial of theplaintiff

ithin one $1) year


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3or forcible entry and detainer ithin one year:

3or defamation ithin one year:

All other actions hoseperiods are not fi*ed in this

"ode or in other las

ithin five years from the time theright of action accrues.

All -inds of actions, henthere is no special provisionhich ordains otherise

"ounted from the day they may bebrought.

Actions hich have for theirob8ect the enforcement of

obligations to pay principalith interest or annuity

7uns from the last payment of theannuity or of the interest.

Actions to demand thefulfillment of obligationsdeclared by a 8udgment

"ommences from the time the8udgment became final.

Actions to demand accounting 7uns from the day the persons hoshould render the same cease in

their functions.

Action arising from the resultof the accounting

7uns from the date hen said resultas recogni#ed by agreement of theinterested parties.

uring hich the obligee asprevented by a fortuitousevent from enforcing his right

not rec-oned against him.

NOTE7'he prescription of actions is interrupted hen tritten e*tra8udicial demand by the creditors, and hedebt by the debtor.

VIII. CREDIT TRANSACTIONS8

RIT OF FIRST REF1SAL


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$2) /mplied 'rust comes into being by operation ofla.

$&) 6*press 'rust or irect 'rust created by theintention of the trustor or of the partiesintentionally created by the direct and positiveacts of the settler or the trustor by some deed,or ill or oral declaration! created notnecessarily by ritten ords but by the directand positive acts of the parties. (P- v %)nar,/ay 0!, !""$

/n the case of Nacar vs. =allery $2+1&) the "ourt heldpursuant to 5?@05 "ircular No. BB that legal interestfor loan or forbearance of any money, goods, credits andrate alloed in the absence of a stipulation in a loan

contract is per annum, effective >uly 1, 2+1&.

Is the#e pa+t)" +o""isso#i)" i' the thin9 p%e&9e&is "one:Ges. @ursuant to Article 2+99, there is@actum"ommissorium hen money is pledged ormortgaged for the payment of the principal obligation,and hen there is a stipulation for automaticappropriation in case of nonpayment. /t must be shonhoever that money as intended as a form of security.

Re+o9nition o' i%%e9iti"ate +hi%en

INSTANCES WEN FATER M1ST RECONIGECILDMANNER OF RECONITION

ene#a% R)%e7'he action for the recognition of naturalchildren may be brought only during the lifetime of thepresumed parents,

EH+eptions:

a) /f the father or mother died during minority of child,

the child may file the action before the e*piration of years from attainment of ma8ority.

b) /f after death of father or mother, a document shouldappear of hich nothing had been heard and inhich either or both parents recogni#e the child. 'heaction should be filed ithin years from finding ofthe document.

RITS OF RECONIGED NAT1RAL CILD

a) 'o bear surname of the parent recogni#ing him!

b) 'o receive support from such parent

c) 'o receive, in a proper case, his legitime.

WO MAY IMP1N

'he recognition in favor of a child ho does not possessall the conditions for legitimation or in hich therequirements of the la have not been fulfilled may beimpugned by those pre8udiced by such recognition.

P#ope#t: Re9i"e o' 1nions >itho)t Ma##ia9e

7 What is the p#ope#t: #e9i"e that app%ies tope#sons >itho)t the ene'it o' "a##ia9e

A: ;nder Art. 1, properties of unions here parties areboth capacitated ithout the benefit of marriage or undera void marriage, shall be governed by rules on coonership. n the other hand, those properties of unionshere parties are under circumstances not covered by

Art. 1, shall be oned in common in proportion to

actual 8oint contribution, pursuant to Art. 19.

7 ifferentiate property regime of unions ithoumarriage.

Article 1

Applicability hen man and otogether, /'< capbut ithout the benor under a void mar

nership of ?alaries and ages ned in equal sha

?hare of @arty in 5ad 3aith ?hall be forfeit

distributed to children

Rese#


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usufructuary of the reservable property. a:$a) the estate is surrounded by other immovables, and

it is ithout adequate outlet to a public highay!$b) proper indemnity must be paid!$c) the isolation is not due to the proprietor(s on acts!

and$d) the right of ay claim is at a point least pre8udicial

to the servient estate

Who has the )#&en o' p#o

civil law dlsu bar commission

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