Text of the provision
Art. 2258. Actions and rights which came into being but were not exercised before the effectivity of this Code, shall remain in full force in conformity with the old legislation; but their exercise, duration and the procedure to enforce them shall be regulated by this Code and by the Rules of Court. If the exercise of the right or of the action was commenced under the old laws, but is pending on the date this Code takes effect, and the procedure was different from that established in this new body of laws, the parties concerned may choose which method or course to pursue. (Rule 4)
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
A transitional rule for the 1950 changeover: rights and actions that arose but were not exercised before this Code took effect remain in force under the old legislation, but their exercise, duration and procedure are governed by this Code and the Rules of Court. If the action was already commenced under the old laws and the procedure differed, the parties may choose which course to pursue.
Related provisions
- Article 2257 — Sanctions Not Applied Retroactively.
- Article 2259 — Capacity Of Married Woman.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.