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rique M. Barretto Vs. City Of Manila

ENRIQUE M. BARRETTO, plaintiff-appellant, vs. THE CITY OF MANILA, defendant-appellee.

G.R. No. 4372 | 1908-03-27

D E C I S I O N


ARELLANO, C.J.:

The question brought before us by the present appeal is whether or not the period fixed by a court, under the provisions of article 1128 of the Civil Code, can be extended.

The first paragraph of the above-mentioned article is as follows: "Should the obligation not fix a period, but it can be inferred from its nature and circumstances that there was an intention to grant it to the debtor, the courts shall fix the duration of the same."

This case refers to a donor who, on June 16, 1885, donated to the city of Manila a piece of land, in the following terms: ". . . , but I make this donation on condition...