Civil Law Q&A: Contracts, Property, and Legal Procedures
Contracts and Obligations
5. CEDE JESUS in a rental property whose term CARLOS DE VENCE long day 31 December 2006 but CARLOS remained in possession of the property and charged a fee LE JESUS for the month of January and February 2007. Explain the validity of the contract, so the term of your response is long?
In this case, according to Article 1600 of the Civil Code, if the closing time fixed in the lease passes and the tenant stays in possession, the lease is assumed renewed, and its effect is ruled by the article on leases made without a determined time.
6. MARIA is the lessee of an apartment for over 3 years, and FRANCISCO, who sells as the owner, sells the apartment to LE JOSEPH. Explain the law that gives MARIA rights as a lessee.
Mary, according to Article 42, has the precedence offer, which is the right of the lessee to be offered the sale first, in preference to any third party. This applies to lessees with more than two years in tenancy, provided they are solvent in rent payments and meet the owner’s aspirations.
Also, if meeting all conditions, Mary, according to Article 43, may exercise the right of legal redemption in lettings. This is the right of the lessee to subrogate under the same conditions stipulated in the ownership transfer instrument, taking the place of the property leased. However, according to Article 47, this right must be exercised within 40 calendar days from the date of notification, with a certified copy of the negotiation document attached.
8. Explain the difference between a Civil Society and a Foundation.
A Civil Society is a legal entity constituted by a contract where two or more persons agree to contribute with ownership, use of things, or their industry to achieve a common economic purpose. Its object is civil acts. A Foundation is a legal entity with a generally useful, artistic, scientific, literary, charitable, or social object. Its substrate is the goods that make up its equity, subject to monitoring by first instance judges. It can also be established by will, with legal existence granted from the act, provided protocols are met.
9. Explain what companies are prohibited by law.
According to Article 1650, companies are prohibited by general title, whether real or present, future, or others. Any business partnership by general title is also prohibited, except between spouses. However, specific goods can be contributed to a society.
10. Explain the phases of extinction of civil societies.
The end of a company includes:
First, Article 1673 provides the following reasons for extinction (solution):
1. Expiration of the period for which it was formed.
2. Consummation of the business or inability to do so.
3. Death of a partner.
4. Interdiction, bankruptcy, or insolvency of a partner.
5. Express will of one or more members not wanting to continue.
Secondly, settlement aims to end the society’s links with others and members with each other. An inventory is made by the liquidator to determine assets and liabilities. The company’s personality remains for settlement needs. Once settled and creditors paid, money is separated for past due or disputed debts, repayable expenses, and advances to members. A further partition phase of social assets among partners follows, where each takes a sum equal to their contribution value, unless it consisted of industry or use/enjoyment of a thing. Any surplus is divided proportionally to each partner’s share of benefits.
If the distributable liquid is insufficient to cover contributions, the loss is shared proportionally.
11. Explain the cases where members are forced against third parties.
The law states that one partner cannot force others if not entrusted to do so (Article 1671). In non-trading societies, partners are jointly and severally liable for company debts, but a partner cannot force others without conferred power.
A partner is bound to a third party when:
1. Personally delighted with the third act.
2. The Administrator, within their powers, held a rally before the third party on behalf of the society (Article 1671 CC).
3. In the absence of an administrator, partners celebrated the act within the powers referred to in Article 1668 CC.
Otherwise, the partner is only bound for unjust enrichment.
14. JUAN PEDRO gives power to buy the property owned by JOSE COWGIRL, provided they omit his representation. Explain the purpose of the sale and purchase agreement in relation to agency contracts.
According to Article 1691, when the president (PEDRO) acts in his name, the principal (JOHN) has no action against those with whom the agent (JOSEPH) has contracted, nor the latter against the principal (JOHN). The agent is bound directly to the person contracted, as if the business were their own.
19. Explain the difference between command and representation.
The mandate under the Civil Code is a contract that may give the president the power to represent the client, but it may not be conferred. Thus, a civil mandate can be a source of representation, but not always. Representation can have sources other than the mandate: law, court decisions, and legal acts not mandated.
Property and Donations
22. Explain the formation of the deed of gift.
Article 1431 of the Civil Code states that a donation is a contract where a donor transfers something or a right from their assets to a donee who accepts it. Donations must be real, and acceptance granted. For buildings, it takes effect against third parties after two acts are recorded. Donations of movable property under two thousand Bs don’t need writing. Acceptance must be known to the donor during their lifetime for the contract to be perfected and ownership transferred (Theory of Knowledge).
24. What are the grounds for revocation of the donation?
Article 1459 of the Civil Code states donations can be revoked due to ingratitude or survival of children (if the donor had no children at the time of donation but later does). Donations are causal when the donee is unworthy to succeed by ignoring the donor’s children at the time of donation, and the donation harms legitimate heirs.
26. Explain the grounds of nullity of the donation.
Donations are void if made under impossible, illegal, or immoral conditions. It’s also null when the donation depends exclusively on the donor’s will, is subject to payment of non-existing debts or accretions unless stated in the contract, or is made in response to future marriages that don’t occur. If a condition isn’t met, the contract is void. If the marriage is nullified, the donation is also null.
27. Explain the reversal of the donation.
When any condition is stipulated in the deed of gift donation can be reversed. (I donated the house, but if you die, does not fit your child.)
Article 1453 Civil Code .- The donor may provide for the reversion of donated items, but only for the benefit of himself, for if the donee predeceases the donor, and for that they die the donee and his descendants .
Civil Code Article 1454 .- In the case of reversion are resolved all disposals of donated assets, which return to the donor free of all charges and mortgage, excepting only the mortgage on the marital conventions, when other property of the donee spouse were not enough, and the donation had been made by the same marriage contract that is the mortgage.
28. Explain the formalities to be fulfilled in power apud acta.
According to Art 152 of the CPC apud acta power or power over the proceedings is the power given to a particular trial is granted only to lawyers which is made through diligence with the Clerk of Court who signed with the grantor and certify their identity and then add it to the file