Capistrano , and future Vice-President Arturo Tolentino. The Code Commission completed the final draft of the new Civil Code by December , and this was submitted to Congress , which enacted it into law through Republic Act No. The Civil Code took effect in Several legal luminaries developed reputations as experts on the Civil Code and consequently enhanced their reputations in the field of Philippine law.
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Capistrano, and future Vice-President Arturo Tolentino. The Code Commission completed the final draft of the new Civil Code by December , and this was submitted to Congress, which enacted it into law through Republic Act No. The Civil Code took effect in Due to its wide coverage and impact, the Civil Code is the subject of much study and extensive commentary. Several legal luminaries developed reputations as experts on the Civil Code and consequently enhanced their reputations in the field of Philippine law.
Particularly about sales, under Roman Law, a sale was termed venditio. Today, the French refer to the contract as a venta, while the Spaniards call it a venta. Report of the Code Commission, p. However, the vendor need not be the owner at the time the sale is perfected. Associate Justice, Supreme Court Volume V Articles Special Contracts. Civil Code of the Philippines. From Wikipedia, the free encyclopedia. Law and jurisprudence are clearly and absolutely against the petitioner. Such liability dates back to the Roman Law maxim, Qui per alium facit per seipsum facere videtur.
Justice is always an essential ingredient of its decisions. Thus when the facts warrants, we interpret the law in a way that will render justice, presuming that it was the intention of the lawmaker, to begin with, that the law be dispensed with justice. So we have done in this case. The Civil Code of the Philippines defines ownership in Articles , and Ownership, under Roman Law, may be exercised over things or rights. It primarily includes the right of the owner to enjoy and dispose of the thing owned.
And the right to enjoy and dispose of the thing includes the right to receive from the thing what it produces, [jus utendi; jus fruendi] the right to consume the thing by its use, [jus abutendi] the right to alienate, encumber, transform or even destroy the thing owned, [jus disponendi] and the right to exclude from the possession of the thing owned by any other person to whom the owner has not transmitted such thing [jus vindicandi].
In order that an instrument be necessary, it was required that this form should also be the subject of consent and that the validity of the contract be made defendant thereon: I wish a bill of sale to be made of the thing sold, was what the vendee should say to the vendor, according to the law cited, in order that he might not be bound until after the execution of the instrument. Non nudis pactis, sed traditione dominia rerum transferentur. Tradition or delivery is needed to pass ownership.
As a mode of acquisition of property, it consists in putting a thing at the disposal of the person to whom one wishes to convey it.
The normal mode of accomplishing this is by real traditio or actual physical handing over of the thing by the transferer to the transferee. In contrast, there may be symbolical tradition, belonging to the class called feigned or fictitious tradition, one of which is traditio brevi manu where the buyer, being already in possession of the thing sold due to some other cause such as lease, merely remains in possession after the sale is effected, but now in concept of owner.
Leonard A. Jones a full discussion of this and allied topics will be found, wherein the learned author points out that under the Roman Law a provision giving the mortgagee a power to sell extrajudicially was recognized as valid, and the history of the doctrines is fully traced in all its aspects through the modern decisions of the English and American courts.
L, citing Jones, Mortgages, vol. Unless limited by the contract of the parties, it was generally held that the right to repurchase was perpetual. By its decision of May 12, , the supreme court of Spain first attempted to place a restriction upon the length of such contracts by holding that they gave rise to a personal action of prescription in accordance with the law on prescription of actions.
In the recent times, however, practically all those countries where such sales are recognized have found it advisable to limit the time within which the right of redemption can be exercised.
As stated in Yadao vs. Yadao 20 Phil. We are of the opinion that it was the intention of the legislature to limit the continuance of such a condition, with the purpose that the title to the real estate in question should be definitely placed, it being, in the opinion of the legislature, against public policy to permit such an uncertain condition relative to the title to real estate to continue for more than ten years.
That impression persisted because the implications of article of the Spanish Civil Code, now article , that "las donaciones que hayan de producir sus efectos pro muerte del donante participan de la naturaleza de las disposiciones de ultima voluntad, y se regiran por las reglas establecidas en el capitulo de la sucesion testamentaria" had not been fully expounded in the law schools.
Notaries assumed that the donation mortis causa of the Roman Law was incorporated into the Civil Code. L Share.
Civil Code Of The Philippines Annotated (Volume I)
Civil Code of the Philippines