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Civil Law
SUMMER REVIEWER
—Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie
Tajan, John Paul Lim—
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
PERSONS DISQUALIFIED TO BECOME NOTE: - Owner has the right t fix the rent
LESSEES: because the contract is consensual and
(a) husband and wife cannot lease to each other not imposed by law
their separate properties (exception: - Increasing the rent is NOT an absolute
separation of property) right of the lessor
(b) those disqualified due to fiduciary - If the rent is fixed for the first time, courts
relationship cannot interfere; but if it is a renewal, the
- guardian: ward courts can settle the disagreements
- agent: principal 2. Lease of work which refers to contract for
- executor & administrators a piece of work
- public officer: state property - one of the parties binds himself to produce a
- justices, judges: property under result out of his work or labor and the other
litigation party binds himself to pay a remuneration
- others disqualified by law therefor.
SUBLEASE
- a lessee may sublease the thing unless there is
an express prohibition to do so
- if the prohibition to sublease is not express but
only implied, the sublease will still be allowed
- remedy of lessor if lessee violates prohibition:
action for rescission of the lease and may seek
for damages
- duration of sublease cannot be longer than that
of the lease to which it is dependent