555win cung cấp cho bạn một cách thuận tiện, an toàn và đáng tin cậy [số dep hom nay]
The law thus creates the obligation of the trustee to reconvey the property and its title in favor of the true owner. 63 An action for reconveyance of property based on an implied constructive …
As a rule, implied resulting trusts do not prescribe except when the trustee repudiates the trust. Further, the action to reconvey does not prescribe so long as the property stands in the name …
The within cause, having accrued before the new Civil Code took effect, the question whether the said cause has prescribed or not should be answered from the Code of Civil Procedure, Act …
Constructive trusts are created by the construction of equity in order to satisfy the demands of justice and prevent unjust enrichment. 41 Article 1456 of the Civil Code provides that a person …
It is settled that an action for reconveyance based on a constructive implied trust prescribes in 10 years likewise in accordance with Article 1144 of the Civil Code.
It was not at all the action contemplated in Article 1155 of the Civil Code which explicitly provides that the prescription of an action is interrupted only when the action itself is filed in court.
Hence, such action was barred by prescription, which under Article 1141 of the New Civil Code provides for a 30-year period for the filing of a real action involving an immovable property. 6
We are hard put to say, in this regard, that the petitioners' action is after all, imprescriptible pursuant to the provisions of Article 1133 of the Civil Code, governing actions to recover loss …
It is now well-settled that the prescriptive period to recover property obtained by fraud or mistake, giving rise to an implied trust under Art. 1456 of the Civil Code, is 10 years pursuant to Art. 1144.
The conclusion we reach, finding constructive trust under Article 1447 26 of the New Civil Code existing between Filomena and Herminia, rests on the principles of the general law on trust …
Bài viết được đề xuất: