901. (n), Art. The vendor is not bound to deliver the thing sold in case the vendee should lose the right to make use of the terms as provided in Article 1198. (1904), Art. (1860), Art. The guarantor shall be subject to the jurisdiction of the court of the place where this obligation is to be complied with. If nothing has been stipulated concerning the place and the time for the payment of the lease, the provisions or Article 1251 shall be observed as regards the place; and with respect to the time, the custom of the place shall be followed. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The provisions of Article 2014 and 2016 apply when two or more persons bet in a game of chance, although they take no active part in the game itself. The sale of the thing pledged shall extinguish the principal obligation, whether or not the proceeds of the sale are equal to the amount of the principal obligation, interest and expenses in a proper case. 207. If he was not aware of them, he shall only return the price and interest thereon, and reimburse the expenses of the contract which the vendee might have paid. 997. 972. Art. (n), Art. Art. (1314a), Art. Art. Art. (n), Art. Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that he was unacquainted with such technical sense. (n), Art. The condition not to do an impossible thing shall be considered as not having been agreed upon. As regards the value of the thing deposited, the statement of the depositor shall be accepted, when the forcible opening is imputable to the depositary, should there be no proof to the contrary. 1991. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly complied with by the debtor. 2 (Articles 1601-1 à 1601-4 du code civil, articles L.261-9 et suivants du code de la construction et de l'habitation, articles R.261-1 à R.261-7 du code de la construction et de l'habitation). (1196), Art. A guarantor may bind himself for less, but not for more than the principal debtor, both as regards the amount and the onerous nature of the conditions. The usufructuary is obliged to notify the owner when the need for such repairs is urgent. Article 1646-1 (inséré par Loi n° 78-12 du 4 janvier 1978 Journal Officiel du 5 janvier 1978 en vigueur le 1er janvier 1979) Unless a lease is recorded, it shall not be binding upon third persons. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation. Title so acquired can be conveyed only in the partnership name. (n), Art. (1567). The dispositions of the testator declaring all or part of the estate inalienable for more than twenty years are void. 232. The action to claim rescission must be commenced within four years. (540a), Art. These rights shall not be extinguished save by lapse of time fixed for prescription. (1751a), Art. (1673). (1) His rights in specific partnership property; (3) His right to participate in the management. 77. Art. (n), Art. 736. 940. En statuant ainsi, alors que, le caractère apparent ou caché d'un désordre dont la réparation est sollicitée sur le fondement des articles 1646-1 et 1792 et suivants du code civil s'appréciant en la personne du maître de l'ouvrage et à la date de la réception, il importe peu que le vice de construction ait été apparent à la date de . 2260. If there are reasonable grounds to fear the destruction or impairment of the thing pledged, without the fault of the pledgee, the pledgor may demand the return of the thing, upon offering another thing in pledge, provided the latter is of the same kind as the former and not of inferior quality, and without prejudice to the right of the pledgee under the provisions of the following article. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence. Art. If the agent had general powers, revocation of the agency does not prejudice third persons who acted in good faith and without knowledge of the revocation. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child. (818a). 2269. (2) To use the thing leased as a diligent father of a family, devoting it to the use stipulated; and in the absence of stipulation, to that which may be inferred from the nature of the thing leased, according to the custom of the place; (3) To pay expenses for the deed of lease. Consumable goods cannot be the subject matter of a contract of lease, except when they are merely to be exhibited or when they are accessory to an industrial establishment. 1192. 611. Ownership and other real rights over property are acquired and transmitted by law, by donation, by estate and intestate succession, and in consequence of certain contracts, by tradition. (1069a). (n). Art. 645. 1349. 1/ Le réservant a souscrit toutes assurances comportant la garantie des responsabilités encourues par le vendeur d'un immeuble, en vertu des dispositions de l'article 1646-1 du Code Civil.Il a notamment satisfait aux obligations résultant des dispositions contenues dans la loi n° 78-1093 du 4 juillet 1978 relative à la responsabilité et à l'assurance dans le . (1) "Document of title to goods" includes any bill of lading, dock warrant, "quedan," or warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by endorsement or by delivery, goods represented by such document. (1923a). (2) Real property which by any special provision of law is considered as personal property; (3) Forces of nature which are brought under control by science; and, (4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (3) Heads of children's homes, orphanages, and similar institutions; (4) Directors of trade establishments, with regard to apprentices; Art. 1875. 704. When the agreement is not illegal per se but is merely prohibited, and the prohibition by the law is designated for the protection of the plaintiff, he may, if public policy is thereby enhanced, recover what he has paid or delivered. No annuity shall be claimed without first proving the existence of the person upon whose life the annuity is constituted. Judicial and administrative officials shall foster this mutual assistance. Should two or more co-owners desire to exercise the right of redemption, they may only do so in proportion to the share they may respectively have in the thing owned in common. Art. 525. Art. The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity. (152a). (n), Art. (2) For any unpaid contribution which he agreed in the certificate to make in the future at the time and on the conditions stated in the certificate. Art. However, no lease for more than ninety-nine years shall be valid. When there are two or more bailees to whom a thing is loaned in the same contract, they are liable solidarily. (1456), Where necessaries are those sold and delivered to a minor or other person without capacity to act, he must pay a reasonable price therefor. If the dominant estate belongs to several persons in common, the use of the easement by any one of them prevents prescription with respect to the others. Art. (1496a), Art. (643). (1522a). Art. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy. The latter, one or more specific transactions. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent. Art. When without the knowledge or against the will of the debtor, a third person pays a debt which the obligor is not legally bound to pay because the action thereon has prescribed, but the debtor later voluntarily reimburses the third person, the obligor cannot recover what he has paid. Trouvé à l'intérieur – Page 90D'autre part, l'article 1646-1 du Code civil impose au vendeur d'un immeuble à construire, à compter de la réception des travaux, les obligations dont les architectes, entrepreneurs et autres personnes liées au maître de l'ouvrage par ... (842a), Art. In order that the common carrier may be exempted from responsibility, the natural disaster must have been the proximate and only cause of the loss. Art. In case of death of the house helper, the head of the family shall bear the funeral expenses if the house helper has no relatives in the place where the head of the family lives, with sufficient means therefor. If the lessee makes, in good faith, useful improvements which are suitable to the use for which the lease is intended, without altering the form or substance of the property leased, the lessor upon the termination of the lease shall pay the lessee one-half of the value of the improvements at that time. (1826). 2059. (1799a), Art. Except as provided in the preceding article, no person shall use different names and surnames. Such benefit to the creditor need not be proved in the following cases: (2) If the creditor ratifies the payment to the third person; (3) If by the creditor's conduct, the debtor has been led to believe that the third person had authority to receive the payment. This right is not applicable to adjacent lands which are separated by brooks, drains, ravines, roads and other apparent servitudes for the benefit of other estates. (n), Art. If the payment is made before the debt is due, no interest for the intervening period may be demanded. Should a question arise regarding the fact of possession, the present possessor shall be preferred; if there are two possessors, the one longer in possession; if the dates of the possession are the same, the one who presents a title; and if all these conditions are equal, the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings. (1258), Art. A limited partner also may loan money to and transact other business with the partnership, and, unless he is also a general partner, receive on account of resulting claims against the partnership, with general creditors, a pro rata share of the assets. Art. Art. 106. But nothing in this Title contained shall be construed as limiting or defining the effect upon the obligations of the carrier, warehouseman, or other bailee issuing a document of title or placing thereon the words "not negotiable,"  "non-negotiable," or the like. Furthermore, the owner may, if he so prefers, until the usufructuary gives security or is excused from so doing, retain in his possession the property in usufruct as administrator, subject to the obligation to deliver to the usufructuary the net proceeds thereof, after deducting the sums which may be agreed upon or judicially allowed him for such administration. The status and rights of natural children by legal fiction referred to in article 89 and illegitimate children mentioned in Article 287, shall also be acquired by children born before the effectivity of this Code. (2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment of six years or more, and the accusation has been found to be false; (3) When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made; (4) When the spouse has given cause for legal separation; (5) When the spouse has given grounds for the loss of parental authority; (6) Unjustifiable refusal to support the children or the other spouse. If the obligation consists in the payment of a sum of money, and the debtor incurs in delay, the indemnity for damages, there being no stipulation to the contrary, shall be the payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is six per cent per annum. All earnings from any profession, business or industry shall likewise belong to each spouse. The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid. (535), Art. He need not be in possession of said property. (1311a), Art. Should the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things. (1163a), Art. 1640. (1486a), Art. 1863. 2061. It is presumed that there was a mistake in the payment if something which had never been due or had already been paid was delivered; but he from whom the return is claimed may prove that the delivery was made out of liberality or for any other just cause. (517). In the case of the preceding article, the vendee may demand of all the vendors or co-heirs that they come to an agreement upon the purchase of the whole thing sold; and should they fail to do so, the vendee cannot be compelled to consent to a partial redemption. 2049. A conditional obligation may also be secured. (390a), In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title. Art. (n), Art. (766a), A simple substitution, without a statement of the cases to which it refers, shall comprise the three mentioned in the preceding paragraph, unless the testator has otherwise provided. Subsequent negotiations may be made in like manner. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. 1154. 1234. Art. (1831a), Art. If after making a will, the testator makes a second will expressly revoking the first, the revocation of the second will does not revive the first will, which can be revived only by another will or codicil. If no place has been designated for the return, it shall be made where the thing deposited may be, even if it should not be the same place where the deposit was made, provided that there was no malice on the part of the depositary. (2) A sale by auction is perfected when the auctioneer announces its perfection by the fall of the hammer, or in other customary manner. (920a), Art. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. (n), (2) When separation of property has preceded the dissolution of the partnership. (136a). Art. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. Art. (1815), Art. Art. 1549. A partner who has undertaken to contribute a sum of money and fails to do so becomes a debtor for the interest and damages from the time he should have complied with his obligation. 383. 824. Any immovable property or an interest therein may be acquired in the partnership name. 1167. (1804), Art. (n), Art. 2045. The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. No marriage license or formal requisites shall be necessary. 1228. The commission agent cannot, without the express or implied consent of the principal, sell on credit. Should fungible things be sold for a price fixed according to weight, number, or measure, the risk shall not be imputed to the vendee until they have been weighed, counted, or measured and delivered, unless the latter has incurred in delay. 1758. There is also an implied trust when a donation is made to a person but it appears that although the legal estate is transmitted to the donee, he nevertheless is either to have no beneficial interest or only a part thereof. Art. 1220. However, in case of civil interruption, the Rules of Court shall apply. The form, extent and consequences of a mortgage, both as to its constitution, modification and extinguishment, and as to other matters not included in this Chapter, shall be governed by the provisions of the Mortgage Law and of the Land Registration Law. Trouvé à l'intérieur – Page 91Articles 1625 et suivants, Code civil. 2. Articles 1629 et 1630, Code civil. 3. Article 1646, Code civil. 1. En ce sens : Cass. civ. 3e, 15 novembre Chapitre 1 – Les conditions générales de la vente d'immeuble en viager 91 SECTION 3 ... (n). The parties may agree upon the compensation of debts which are not yet due. (993a), Art. 318. (1116a), Art. Whether it is for the buyer to take possession of the goods or of the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. document.write("1998 - "+yr); As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him. (1181a), When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. Each co-owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. The same rule shall apply if the contractor cannot finish the work due to circumstances beyond his control. Trouvé à l'intérieurModalités de réparation 277 Quant à la réparation du vice, l'article 1646-1 du Code civil prévoit que le vendeur peut s'obliger à le réparer en nature – si une telle réparation en nature est possible. La réparation en nature consiste ... These provisions are without prejudice to venue under the Rules of Court. (n), If the time and place should not have been stipulated, the payment must be made at the time and place of the delivery of the thing sold. (1255a), Art. (1135a). An action to enforce the warranty among heirs must be brought within ten years from the date the right of action accrues. (1533), Art. Waiver of the gains or of the effects of this partnership during marriage cannot be made except in case of judicial separation. A negotiable document of title may be negotiated by the endorsement of the person to whose order the goods are by the terms of the document deliverable. The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute the property, or in their default, to those mentioned in Article 1030. (1813). In this case, indemnity for damages may be demanded from the person causing the loss. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line. 1536. 1035. Consumable goods may be the subject of commodatum if the purpose of the contract is not the consumption of the object, as when it is merely for exhibition. Art. 2113. In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing. Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. A revocation of a will based on a false cause or an illegal cause is null and void. Des modifications mineures automatiques de mise en page peuvent avoir été effectuées. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests. (n), Art. (779a), Art. (n). The responsibility of two or more agents, even though they have been appointed simultaneously, is not solidary, if solidarity has not been expressly stipulated. (797a). (1194). The mere failure on the part of the creditor to demand payment after the debt has become due does not of itself constitute any extention of time referred to herein. 1307. The agent may appoint a substitute if the principal has not prohibited him from doing so; but he shall be responsible for the acts of the substitute: (1) When he was not given the power to appoint one; (2) When he was given such power, but without designating the person, and the person appointed was notoriously incompetent or insolvent. An act of a partner which is not apparently for the carrying on of business of the partnership in the usual way does not bind the partnership unless authorized by the other partners. The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner, but subject to the prior payment of his separate debts. Interest due shall earn legal interest from the time it is judicially demanded, although the obligation may be silent upon this point. (1729), Art. If the contract fails or refuses to comply with this obligation, the employer may have the defect removed or another work executed, at the contractor's cost. No contract for household service shall last for more than two years. If they do not obtain such advice, or if it be unfavorable, the marriage shall not take place till after three months following the completion of the publication of the application for marriage license. Art. 1580. Subrogation of a third person in the rights of the creditor is either legal or conventional. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. (117a). (n), Art. 1573. After the demand, the court may not grant him a new term. 1180. In the first case, the estate shall comply with the legacy by assigning to the legatee all rights of action it may have against the debtor. 1958. 808. (1932a), Neither does prescription run between parents and children, during the minority or insanity of the latter, and between guardian and ward during the continuance of the guardianship. Public finance - meeting challenges more effectively. Acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not affect possession. (n). (1839), Art. Modernising the Administration. The actual market value of the fruits at the time of the application thereof to the interest and principal shall be the measure of such application. In computing a period, the first day shall be excluded, and the last day included. (n), Art. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. Between persons who are absent, the acceptance of the agency cannot be implied from the silence of the agent, except: (2) When the principal entrusts to him by letter or telegram a power of attorney with respect to the business in which he is habitually engaged as an agent, and he did not reply to the letter or telegram. (2) Alienable real rights in accordance with the laws, imposed upon immovables. A contract for the delivery at a certain price of an article which the vendor in the ordinary course of his business manufactures or procures for the general market, whether the same is on hand at the time or not, is a contract of sale, but if the goods are to be manufactured specially for the customer and upon his special order, and not for the general market, it is a contract for a piece of work. If, without just grounds, the creditor does not cause the public sale to be held within such period, the debtor may require the return of the thing. 791. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. An inheritance is deemed accepted: (2) If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heirs; (3) If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted. A testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void. When the employee's lack of due care contributed to his death or injury, the compensation shall be equitably reduced. The responsibility of a common carrier for the safety of passengers as required in Articles 1733 and 1755 cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tickets, or otherwise. 2213. In case of doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting the other members of the family. If there is property, other than that mentioned in the preceding article, owned by two or more persons, one of whom is the insolvent debtor, his undivided share or interest therein shall be among the assets to be taken possession of by the assignee for the payment of the insolvent debtor's obligations.
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