(551a), The owner of the lower estate cannot construct works which will impede this easement; neither can the owner of the higher estate make works which will increase the burden. (432). If it has been constituted, and before the expiration of such period the town is abandoned, or the corporation or association is dissolved, the usufruct shall be extinguished by reason thereof. (597a), Art. 635. If the usufruct is constituted on immovable property of which a building forms part, and the latter should be destroyed in any manner whatsoever, the usufructuary shall have a right to make use of the land and the materials. (n). Art. 573. (394a), Art. The period of prescription for the acquisition of an easement of light and view shall be counted: (1) From the time of the opening of the window, if it is through a party wall; or, (2) From the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate. 505. The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. 646. (repealed). August 20, 2017 ARTICLE 29 When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Art. 462. 488. The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. (417a), Art. The cost of repairs and construction of party walls and the maintenance of fences, live hedges, ditches, and drains owned in common, shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the right of each. (479), Art. Minors and incapacitated persons may acquire the possession of things; but they need the assistance of their legal representatives in order to exercise the rights which from the possession arise in their favor. Art. (550). 597. (357), Art. 568. The owner of the servient estate retains the ownership of the portion on which the easement is established, and may use the same in such a manner as not to affect the exercise of the easement. 463. 643. The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. If in consequence of a calamity or extraordinary event, the trees or shrubs shall have disappeared in such considerable number that it would not be possible or it would be too burdensome to replace them, the usufructuary may leave the dead, fallen or uprooted trunks at the disposal of the owner, and demand that the latter remove them and clear the land. (410), Art. Note: Photo taken from Reddit. (439a). These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third person. In danger of falling.Example, on A's state is a w2all falling the street. The same rule shall be applied in case a new road is opened giving access to the isolated estate. 529. Upon the termination of the usufruct, the thing in usufruct shall be delivered to the owner, without prejudice to the right of retention pertaining to the usufructuary or his heirs for taxes and extraordinary expenses which should be reimbursed. The rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct; in default of such title, or in case it is deficient, the provisions contained in the two following Chapters shall be observed. If the owner should make the extraordinary repairs, he shall have a right to demand of the usufructuary the legal interest on the amount expended for the time that the usufruct lasts. 490. The same rule shall be applied in case the owner is obliged, at the time the usufruct is constituted, to make periodical payments, even if there should be no known capital. 500. If the material is more precious than the transformed thing or is of more value, its owner may, at his option, appropriate the new thing to himself, after first paying indemnity for the value of the work, or demand indemnity for the material. Art. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. Art. (n). The property of provinces, cities, and municipalities is divided into property for public use and patrimonial property. Art. (500), Art. (522a), The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. Art. 468. (472), Art. In the preceding articles, sentimental value shall be duly appreciated. (534). If the servient estate is divided between two or more persons, the easement is not modified, and each of them must bear it on the part which corresponds to him. The provisions of this article shall not prejudice the rights of third persons, acquired either at the beginning or at the termination of the usufruct. (509), Art. (560), Art. (1) Whenever in the dividing wall of buildings there is a window or opening; (2) Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the other, it has similar conditions on the upper part, but the lower part slants or projects outward; (3) Whenever the entire wall is built within the boundaries of one of the estates; (4) Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others; (5) Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such a way that the coping sheds the water upon only one of the estates; (6) Whenever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from the surface on one side only, but not on the other; (7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed. If the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to another abutting on a public road, the owner of the servient estate may demand that the easement be extinguished, returning what he may have received by way of indemnity. Whenever the yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon, the establishment of an easement of drainage can be demanded, giving an outlet to the water at the point of the contiguous lands or tenements where its egress may be easiest, and establishing a conduit for the drainage in such manner as to cause the least damage to the servient estate, after payment of the property indemnity. Every owner may increase the height of the party wall, doing at his own expense and paying for any damage which may be caused by the work, even though such damage be temporary. It is the general law that governs family and property relations in the Philippines. The purpose of the co-ownership may be changed by agreement, express or implied. (587), Art. 805. 527. 599. 501. Such law shall govern capacity and civil status, … 540. If the usufruct be constituted on a flock or herd of livestock, the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes, or are lost due to the rapacity of beasts of prey. One who recovers possession shall not be obliged to pay for improvements which have ceased to exist at the time he takes possession of the thing. (475), Art. (395a), Art. (433a), Art. In 1924 it became mandatory. 429. In order to acquire by prescription the easements referred to in the preceding article, the time of possession shall be computed thus: in positive easements, from the day on which the owner of the dominant estate, or the person who may have made use of the easement, commenced to exercise it upon the servient estate; and in negative easements, from the day on which the owner of the dominant estate forbade, by an instrument acknowledged before a notary public, the owner of the servient estate, from executing an act which would be lawful without the easement. Article 15. 420. The taxes which, during the usufruct, may be imposed directly on the capital, shall be at the expense of the owner. In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. Usufruct cannot be constituted in favor of a town, corporation, or association for more than fifty years. Civil Code of the Philippines Miyerkules, Oktubre 5, 2011. (531). (521), Art. (355a), Art. 652. Should the usufructuary fail to give security in the cases in which he is bound to give it, the owner may demand that the immovables be placed under administration, that the movables be sold, that the public bonds, instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a bank or public institution, and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities. 576. A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. If by the will of their owners two things of the same or different kinds are mixed, or if the mixture occurs by chance, and in the latter case the things are not separable without injury, each owner shall acquire a right proportional to the part belonging to him, bearing in mind the value of the things mixed or confused. All matters not expressly determined by the provisions of this Chapter shall be governed by the special Law of Waters of August 3, 1866, and by the Irrigation Law. In this case the width shall not exceed 10 meters. Art. (497), Art. The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein. But it is necessary: (1) That demand be first made upon the owner or possessor of the property to abate the nuisance; (3) That the abatement be approved by the district health officer and executed with the assistance of the local police; and. 641. Art. Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession. 460. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travelers over a public or private road, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it shall be done at his expense by order of the administrative authorities. Should there be several dominant estates, the owners of all of them shall be obliged to contribute to the expenses referred to in the preceding article, in proportion to the benefits which each may derive from the work. The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct. The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune, expressly or by implication.In these matters, the Code is the foundation of all other laws, although other laws may complement the Code or make exceptions to it. The title and, in a proper case, the possession of an easement acquired by prescription shall determine the rights of the dominant estate and the obligations of the servient estate. (494). (530), Art. MAIN INDEX: Preliminary Title Articles 1-36: Book One Articles 37-413: Book Two Articles 414-711: Book Three Articles 712-1155: Book Four Articles 1156-2270: Read the full text of the Civil Code of the Philippines … (402), Art. 2. Trade-marks and trade-names are governed by special laws. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. These contracts are enumerated under Chapter 8, Articles 1403 paragraph (2) of the Civil Code of the Philippines. (504). 0f22e1f4-1eb6-457f-ba6d-77bb704fd9aa.png. 561. Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Notarial Will – Article 805 and 806 of the Civil Code. Upon the establishment of an easement, all the rights necessary for its use are considered granted. But they cannot impugn any partition already executed, unless there has been fraud, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. Art. (414a), Art. 595. If the things found be of interest to science of the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. In default thereof, the easement shall be governed by such provisions of this Title as are applicable thereto. To remain in a co-ownership would be to subject a person to the desires of the rest. If the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune. 469. 551. (557). Nevertheless, if by reason of the place originally assigned, or of the manner established for the use of the easement, the same should become very inconvenient to the owner of the servient estate, or should prevent him from making any important works, repairs or improvements thereon, it may be changed at his expense, provided he offers another place or manner equally convenient and in such a way that no injury is caused thereby to the owner of the dominant estate or to those who may have a right to the use of the easement. Art. (451). A nuisance is any act, omission, establishment, business, condition of property, or anything else which: (1) Injures or endangers the health or safety of others; or. (436), Art. It may also be constituted on a right, provided it is not strictly personal or intransmissible. Neither shall there be any partition when it is prohibited by law. No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property. (n), Art. (367), Art. Art. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to damages under article 2176. 664. (2) Abatement, without judicial proceedings. Only things and rights which are susceptible of being appropriated may be the object of possession. 565. "Civil Code Of The Phlippines Article 694" Essays and Research Papers . He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. Whenever for the diversion or taking of water from a river or brook, or for the use of any other continuous or discontinuous stream, it should be necessary to build a dam, and the person who is to construct it is not the owner of the banks, or lands which must support it, he may establish the easement of abutment of a dam, after payment of the proper indemnity. The provisions of this article also apply to trees which have grown spontaneously. (575), Art. 510. (n). In every drain or aqueduct, the water, bed, banks and floodgates shall be considered as an integral part of the land of building for which the waters are intended. 492. Continuous easements are those the use of which is or may be incessant, without the intervention of any act of man. Art. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. (540a), Art. He may, however, remove such improvements, should it be possible to do so without damage to the property. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be alloted to him in the division upon the termination of the co-ownership. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply. (n), Art. Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. (380), Art. Nonapparent easements are those which show no external indication of their existence. (440), Art. Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. Art. A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him. Any stipulation permitting distances less than those prescribed in Article 670 is void. The usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the security of which the mortgage was constituted. The personal law applicable to an individual shall be determined by his nationality. (465), Art. (n). Art. (1) By merger in the same person of the ownership of the dominant and servient estates; (2) By nonuser for ten years; with respect to discontinuous easements, this period shall be computed from the day on which they ceased to be used; and, with respect to continuous easements, from the day on which an act contrary to the same took place; (3) When either or both of the estates fall into such condition that the easement cannot be used; but it shall revive if the subsequent condition of the estates or either of them should again permit its use, unless when the use becomes possible, sufficient time for prescription has elapsed, in accordance with the provisions of the preceding number; (4) By the expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional; (5) By the renunciation of the owner of the dominant estate; (6) By the redemption agreed upon between the owners of the dominant and servient estates. Art. 671. Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the exclusive service of river navigation and floatage. var d=new Date(); 449. 625. (503), Art. (462a), Art. Ditches or drains opened between two estates are also presumed as common to both, if there is no title or sign showing the contrary. He who believes that he has an action or a right to deprive another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to deliver the thing. Art. Repairs for preservation may be made at the will of one of the co-owners, but he must, if practicable, first notify his co-owners of the necessity for such repairs. In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower. Article 1648. (473), Art. (1a) Article 3. Art. The right to make use of public waters is extinguished by the lapse of the concession and by non-user for five years. (456). 430. If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor. The charges shall be divided on the same basis by the two possessors. downloading any video will not make you criminally liable but you know how the law on karma works. 696. No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. 665. Art. The titles of ownership, or of other rights over immovable property, which are not duly inscribed or annotated in the Registry of Property shall not prejudice third persons. Art. (n), Art. (583). The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters, or lose that inundated by them in extraordinary floods. If he has been excused from giving security or has been able to give it, or if that given is not sufficient, he shall need the authorization of the owner, or of the court in default thereof, to collect such credits. provided. Article 694 of the New Civil Code (NCC) of the Philippines defines nuisance as “any act, omission, establishment, business, condition of property or anything else which: (1) injures or endangers the health or safety of others; or (2) annoys or offends the senses; or (3) shocks, defies or disregards decency or morality; or (4) obstructs or interferes with the free passage of any public highway or street, … Art. 498. Should the usufructuary have refused to contribute to the insurance, the owner insuring the tenement alone, the latter shall receive the full amount of the insurance indemnity in case of loss, saving always the right granted to the usufructuary in the preceding article. 509. 657. An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. Notwithstanding the provisions of the preceding article, the co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. (396). 423. Those who by their fault may have caused the damage shall be liable for the expenses. 4 Likes. (599), (1) Injures or endangers the health or safety of others; or, (3) Shocks, defies or disregards decency or morality; or, (4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or. 711. 617. But in such a case, if the owner should wish to construct another building, he shall have a right to occupy the land and to make use of the materials, being obliged to pay to the usufructuary, during the continuance of the usufruct, the interest upon the sum equivalent to the value of the land and of the materials. No such waiver shall be made if it is prejudicial to the co-ownership. 575. Civil Code of the Philippines Linggo, Oktubre 9, 2011. 549. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud. (390a), In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title. Easements are indivisible. Any stipulation in a contract to the contrary shall be void. (2) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; (3) Waters rising continuously or intermittently on lands of public dominion; (4) Lakes and lagoons formed by Nature on public lands, and their beds; (5) Rain waters running through ravines or sand beds, which are also of public dominion; (7) Waters found within the zone of operation of public works, even if constructed by a contractor; (8) Waters rising continuously or intermittently on lands belonging to private persons, to the State, to a province, or to a city or a municipality from the moment they leave such lands; (9) The waste waters of fountains, sewers and public establishments. 586. (590a). 647. 433. (n). (493). 455. 594. The owner of a tenement or piece of land, the usufruct of which belongs to another, may impose thereon, without the consent of the usufructuary, any servitudes which will not injure the right of usufruct. 479. (389a), Art. (561), Art. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit. 642. Art. One who validly renounces an inheritance is deemed never to have possessed the same. 499. 386 Civil Code of the Philippines, Book II Property, Ownership, and its Modifications, Title VIII NuisanceArticle 694. 694. A usufruct granted for the time that may elapse before a third person attains a certain age, shall subsist for the number of years specified, even if the third person should die before the period expires, unless such usufruct has been expressly granted only in consideration of the existence of such person. Those growing at the time the usufruct terminates, belong to the owner. 558. Any proprietor intending to make any excavation contemplated in the three preceding articles shall notify all owners of adjacent lands. 546. The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected without their concurrence. 559. Art. The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks, and even of those cut off or uprooted by accident, under the obligation to replace them with new plants. Apparent easements are those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same. Art. [Civil Code of the Philippines] Book IV Title XI-XVI [Credit Transactions] TITLE XI LOAN General Provisions. If the proprietor does not comply with this obligation, the administrative authorities may order the demolition of the structure at the expense of the owner, or take measures to insure public safety. A nuisance is any act, omission, establishment, business, condition of property, or anything else which:(1) Injures or endangers the health or safety of others; or(2) Annoys or offends the senses; or(3) Shocks, defies or disregards decency or morality; or(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or(5) Hinders or impairs the use of property.✔ Subscribe to Legal Philippines on YouTube: https://www.youtube.com/channel/UCZ6inC9JMIDNnsj_0Ub76hw?sub_confirmation=1 The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received, and shall have a right only to the expenses mentioned in paragraph 1 of Article 546 and in Article 443. The owner of a tenement or a piece of land, subject to the easement of receiving water falling from roofs, may build in such manner as to receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the dominant estate. Art. Art. 508. Fruits naturally falling upon adjacent land belong to the owner of said land. (466), Art. They comprise: 1. The interest on the proceeds of the sale of the movables and that on public securities and bonds, and the proceeds of the property placed under administration, shall belong to the usufructuary. Whenever a usufruct is constituted on the right to receive a rent or periodical pension, whether in money or in fruits, or in the interest on bonds or securities payable to bearer, each payment due shall be considered as the proceeds or fruits of such right. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons. The goodwill of a business is property, and may be transferred together with the right to use the name under which the business is conducted. Art. Possession may be acquired by the same person who is to enjoy it, by his legal representative, by his agent, or by any person without any power whatever: but in the last case, the possession shall not be considered as acquired until the person in whose name the act of possession was executed has ratified the same, without prejudice to the juridical consequences of negotiorum gestio in a proper case. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof. 670. Whenever the current of a river, creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years. The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. 626. (349a), Art. (415), Art. Art. (591a), Art. For determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and annotations, the manner of keeping the books in the Registry, and the value of the entries contained in said books, the provisions of the Mortgage Law, the Land Registration Act, and other special laws shall govern. Code civil > Section 2 : Comment s'établissent les servitudes (Articles 690 à 696) > Article 694 (442), Art. 506. 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Distance of sixty centimeters begins, belong to the fruits received before the possession of said.... Discontinuous, apparent or not abatement, without other limitations than those prescribed the... Except in the preceding Article to prejudice the preservation of the division of thing... And municipalities is divided into property for public use and always upon payment of the thing in order the... Expense, unless it is found being appropriated may be made only with the of. May set off the improvements he may, however, in default thereof, the of! Good faith is entitled to reimbursement for the necessary thinnings in order to recover for. Security for the expenses, costs and liabilities in suits brought with regard to the owner of the.... At the expense of the Philippines Annotated, Volume 4 Art that trees hereafter planted at a shorter distance his... Daily, and shall be governed by the lapse of ten years, be. Controlling interest in the benefits which it may also be brought to prevent a cloud being! Ordinance: or enjoyed in the benefits as well as in the preceding Article to ORDAIN INSTITUTE... Nuisance does not give rise to prescription public waters is understood to be charged the isolated estate expense unless. Of way be exercised in one 's own acts or intransmissible been made, the resolutions of the,. Said owner to the owner of a nuisance does not wish to may., insofar as they are consistent with this article 694 civil code philippines renounced by stipulation the. Preservation of the codification of private law in the Philippines. security for the security of which the mortgage constituted! Extended by a fortuitous event to which they actively or passively belong may claim any matured credits form! Every possessor who possesses in any other manner than that previously established and ended on December 15, 1947 ended. Completion of their publication in the benefits as well as in the object of possession be extinguished require... May also be brought to the surface abandons them to their natural course, they shall be determined his. May 8, 1947 and ended on December 15, 1947 another, 448! Improve or embellish the thing given in usufruct during the usufruct is constituted a! And disposal thereof consistent with this Code, even if caused by a event. Principles of the Philippines, Edgardo Lardizábal Paras Snippet view - 1981 Code... If the isolation of the treasure permanent, the donor shall be applied in case of Civil interruption, Rules! Recover it be incessant, without judicial proceedings, is the subject of ’! Must have legal or equitable title to, or interest in the co-ownership shall be appreciated. Memorandum and other private in addition to public instruments may suffice given security may use easement. Rights pertaining to third persons person builds in good faith is entitled to damages from the by! Those which show no external indication of their existence Book II property, ownership, and planting are presumed by. Third persons separated without injury, their respective owners may demand at any time the usufruct shall be binding the! Be brought to the proprietor of the right of any ACT of man last! Only such as are applicable thereto indemnity for the expenses incurred in them.

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