TITLE XIV COMPROMISES AND ARBITRATIONS

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CHAPTER 1 Compromises

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2029. The court shall 2028. A compromise is a endeavor to persuade the contract whereby the parties, by litigants in a civil concessions, making reciprocalcase to agree upon a litigation or put an end to avoid some fair compromise. (n) one already commenced. (1809a)

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Article 2030. Every civil action The duration and terms of the

suspension of shall be or proceeding the civil action or proceeding suspended: and similar matters shall be governed by such a (1) If willingness to discuss provisions of the rulesis court as possible compromise of the Supreme Court shall parties; expressed by one or both promulgate. Said rules of court or shall likewise provide for the appointment and duties of the (2) If it appears that one of parties, before the amicable compounders. (n) commencement of the action or 1/2/13

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2032. 2031. The courts may court's approval is necessary to mitigate the damages in be paid compromises entered into by by the losing party who has guardians, parents, absentee's shown a sincere desire for a representatives, compromise. (n) and administrators or executors of decedent's estates. (1810a)

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2034. There may be a 2033. Juridical persons compromise upon the in the may compromise only civil form liability arising from an offense; and with the requisites which but such compromise shall not may be necessary to alienate extinguish the public action for their property. (1812a) the imposition of the legal penalty. (1813)

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2036. A compromise 2035. No compromise comprises only those objects upon the following questions shall which are be valid: definitely stated or which by necessary therein, civil status of persons; (1) The implication from its terms should be deemed to have been (2) The validity of a marriage or a legal separation; included in the same. (3) Any ground for legal separation;
(4)

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A general renunciation of rights is Article 2037. A compromise has

upon the parties the effect those understood to refer only to and authority of res judicata; but that are connected with the there shall be was the subject of dispute which no execution except in compliance with the compromise. (1815) a judicial compromise. (1816)

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Article 2038.of However, one A

parties cannot compromise in set up a mistake of fact as which there is mistake, fraud, violence, intimidation, latter, against the other if theundue by virtue of the falsity of documents, influence, or compromise, has withdrawn from provisions is subject to the a litigation of already commenced. (1817a) article 1330 of this Code.

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Article But the

compromise may parties 2039. When the be annulled or generally on refers compromiserescinded if it all only to one thing they might differences which to which one of the parties has other, the have with each no right, as shown by the newly-discovered discovery of documents referring documents. (n) to one or more but not to all of the questions settled shall not itself be a cause for annulment or rescission of the compromise, unless said documents have been 1/2/13 concealed by one of the parties.

Article 2040. Ignorance of a

judgmentlitigation If after a which may be revoked or set final has been decided by a aside is judgment, ground for attacking not a valid a compromise shoulda compromise. (1819a) be agreed upon, either or both parties being unaware of the existence of the final judgment, the compromise may be rescinded.

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2041. If one of the parties fails or refuses to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand. (n)

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CHAPTER

Arbitrations

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2043. 2042. The same persons provisions of who may enter into a the preceding Chapter upon compromises shall also be compromise may submit their applicable to to one or more controversiesarbitrations. (1821a) arbitrators for decision. (1820a)

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2045. 2044. Any stipulation clause giving one the arbitrators' award that of the parties power toor choose more be final, is valid, decision shallarbitrators than the other is void and to articles without prejudice of no effect. (n) 2038, 2039, and 2040. (n)

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2046. The appointment of arbitrators and the procedure for arbitration shall be governed by the provisions of such rules of court as the Supreme Court shall promulgate. (n)

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