Text of the provision
Art. 1726. When a piece of work has been entrusted to a person by reason of his personal qualifications, the contract is rescinded upon his death. In this case the proprietor shall pay the heirs of the contractor in proportion to the price agreed upon, the value of the part of the work done, and of the materials prepared, provided the latter yield him some benefit. The same rule shall apply if the contractor cannot finish the work due to circumstances beyond his control.
(1595)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Where the work was entrusted for the contractor's personal qualifications, his death rescinds the contract; the owner pays the heirs proportionally for the work done and useful materials. The same applies if the contractor cannot finish for causes beyond his control.
Related provisions
- Article 1725 — Owner's Right to Withdraw.
- Article 1727 — Contractor's Responsibility for His Workers.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.