Legal Library

Donation Inter Vivos vs. Mortis Causa

How to Ascertain Designation of the deed of donation must be construed together with the rest of the instrument, in order to give effect to the real intent of the transferror. –

Fraud and Undue Influence

Fraud There is fraud when, through the insidious (crafty, deceptive, tricky) words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not

Pactum Commissorium

A stipulation in a contract which provides that the creditor or pledgee will automatically appropriate the thing mortgaged or pledged as security for a principal obligation when the debtor or pledgor did

Business owner Insurance Package

As your partner toward a bright tomorrow, Sun Life understands that your loved ones and your business depend on you and your hard work. Right now, you’re at the top of the

Notarial Prohibition

A document that commences the 10 years prescription of a negative easement; It is a notice that officially prohibits the owner of a servient estate from obstructing light and view.

Positive vs. Negative Easement

Elements Positive Easement Negative Easement Act of servient estate’s owner Must allow the owner of dominant estate or the latter must do something Must refrain from doing something lawful Commencement of acquisitive

Cortes vs. Yu-Tibo Digest

My Title: My Windows Were Covered by My Neighbor Facts The house of the plaintiff Maximo in Calle Rosario, house No. 65, has certain windows therein, through which it receives light and

Continuous vs. Discontinuous Easements

Element Continuous Discontinuous Use Incessant Intervals or intermittent Usage by human interruption No Yes Establishment Human action Human action Exercise No human action Needs human action Example The easement of drainage, and

Jabonete vs. Monteverde Digest

“The Right of Way that Did Not Transfer to the Next Owner” Facts On May 12, 1954, Antonio Legaspi received a copy of CFI Davao decision entitled Jabonete v. Monteverde et al. dated Mar 11,