(1469a), Art. (31a). In a contract of sale, unless a contrary intention appears, there is: (2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the buyer. (435a), Art. The following are compulsory heirs: (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in Article 287. The vendor cannot avail himself of the right of repurchase without returning to the vendee the price of the sale, and in addition: (2) The necessary and useful expenses made on the thing sold. 926. (362), Art. (1740a), Art. When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. There is violence when in order to wrest consent, serious or irresistible force is employed. 528. (n), Art. Art. (n). Art. 1730. The contractor is liable for all the claims of laborers and others employed by him, and of third persons for death or physical injuries during the construction. Le locataire poursuivi en résiliation du bail pour défaut de paiement du loyer peut éviter la résiliation en payant, avant jugement, outre le loyer dû et les frais, les intérêts au taux fixé en application de l' article 28 de la Loi sur l'administration fiscale ( chapitre A-6.002 . (1805a), Art. The other half shall be at the free disposal of the testator. (1069a). In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites. A document of title in which it is stated that the goods referred to therein will be delivered to the bearer, or to the order of any person named in such document is a negotiable document of title. However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. The right of redemption of co-owners excludes that of adjoining owners. 972. 1661. But if they alone survive, they shall inherit in equal portions. The agent shall be liable for damages if, there being a conflict between his interests and those of the principal, he should prefer his own. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. When the business of a partnership after dissolution is continued under any conditions set forth in this article the creditors of the dissolved partnership, as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner, have a prior right to any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the retired or deceased partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property. (n), Art. (n), This action lapses after four years following the date the decree became final. 1264. The legitime of legitimate parents or ascendants consists of one-half of the hereditary estates of their children and descendants. Art. Estoppel is effective only as between the parties thereto or their successors in interest. Art. When the donation imposes upon the donee the obligation to pay the debts of the donor, if the clause does not contain any declaration to the contrary, the former is understood to be liable to pay only the debts which appear to have been previously contracted. A provision whereby the testator leaves to a person the whole or part of the inheritance, and to another the usufruct, shall be valid. Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. Art. 609. 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. (1139), Art. (1877), Art. If two or more animals are sold together, whether for a lump sum or for a separate price for each of them, the redhibitory defect of one shall only give rise to its redhibition, and not that of the others; unless it should appear that the vendee would not have purchased the sound animal or animals without the defective one. (1555), Art. 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. 1026. When the property cannot be returned, it shall be estimated at what it was worth at the time of the donation. The provision of the preceding article shall govern. The agent is responsible not only for fraud, but also for negligence, which shall be judged with more or less rigor by the courts, according to whether the agency was or was not for a compensation. (771), Art. Should it have existed or should it have been fulfilled at the time the will was executed and the testator was unaware thereof, it shall be deemed as complied with. 428. 453. Art. 1122. Should the provisions of the preceding article be impracticable, if the property donated was immovable, the co-heirs shall be entitled to receive its equivalent in cash or securities, at the rate of quotation; and should there be neither cash or marketable securities in the estate, so much of the other property as may be necessary shall be sold at public auction. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. In the case referred to in two preceding articles, a stipulation that the installments or rents paid shall not be returned to the vendee or lessee shall be valid insofar as the same may not be unconscionable under the circumstances. (1189), 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. Apart from any such contract, express or implied, or usage of trade to the contrary, the place of delivery is the seller's place of business if he has one, and if not his residence; but in case of a contract of sale of specific goods, which to the knowledge of the parties when the contract or the sale was made were in some other place, then that place is the place of delivery. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return. (n). The pledgee is bound to advise the pledgor, without delay, of any danger to the thing pledged. 973. (n), Art. 1454. 1837. (n), (2) When separation of property has preceded the dissolution of the partnership. (21), Art. 1580. 2156. The legatee or devisee acquires a right to the pure and simple legacies or devises from the death of the testator, and transmits it to his heirs. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth. 733. (n), Art. But the compromise may be annulled or rescinded if it refers only to one thing to which one of the parties has no right, as shown by the newly-discovered documents. In the latter case, the legitime of the surviving spouse shall be that specified in the preceding paragraph. (1494a). Art. (1545a), Art. (860), Art. 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. In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a thing for a price certain, and for a period which may be definite or indefinite. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription. 1524. 1104. (n), Art. Servitudes may also be established for the benefit of a community, or of one or more persons to whom the encumbered estate does not belong. The donation is always presumed to be in fraud of creditors, when at the time thereof the donor did not reserve sufficient property to pay his debts prior to the donation. Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof. Art. In the case referred to in the preceding article, if the agent has acted in good faith, the principal shall be liable in damages to the third person whose contract must be rejected. 903. Whenever a piece of land acquired by sale, exchange or partition, is surrounded by other estates of the vendor, exchanger, or co-owner, he shall be obliged to grant a right of way without indemnity. In such case, the courts shall decide what is equitable under the circumstances. 1358. Whatever may be lost during the marriage in any kind of gambling, betting or game, whether permitted or prohibited by law, shall be borne by the loser, and shall not be charged to the conjugal partnership. (1476), Art. 1994. 196. 1691. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a new contract between the parties. Article 29: Le droit de pétition est reconnu. If the fault is also punished by the previous legislation, the less severe sanction shall be applied. 1266. 874. (1885a), Art. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. In setting accounts after dissolution the liabilities of the partnership shall be entitled to payment in the following order: (2) Those to limited partners in respect to their share of the profits and other compensation by way of income on their contributions; (3) Those to limited partners in respect to the capital of their contributions; (4) Those to general partners other than for capital and profits; (5) Those to general partners in respect to profits; (6) Those to general partners in respect to capital. Unless there is a stipulation to the contrary, the depositary cannot deposit the thing with a third person. The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases: (2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority; (3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor. 1961. (1481a), Art. (n). 1344. Where such third person or persons are prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have such remedies against the party in fault as are allowed the seller or the buyer, as the case may be. However, the demand by the creditor shall not be necessary in order that delay may exist: (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or. 516. (468), Art. Art. 1785. (1074a), Art. They shall not prejudice third persons unless they are recorded in the Registry of Property. Interest due shall earn legal interest from the time it is judicially demanded, although the obligation may be silent upon this point. Any sale contravening this rule may be treated as fraudulent by the buyer. The usufructuary is obliged to notify the owner when the need for such repairs is urgent. Texto articulado de la Ley 3/1973, de 17 de marzo, de Bases para la Modificación del Título Preliminar del Código Civil. Every funeral shall be in keeping with the social position of the deceased. (n), Art. Once fixed by the courts, the period cannot be changed by them. Any stipulation between the hotel-keeper and the guest whereby the responsibility of the former as set forth in articles 1998 to 2001 is suppressed or diminished shall be void. If, however, the bill of lading provides that the goods are deliverable to the buyer or to the order of the buyer, or is indorsed in blank, or to the buyer by the consignee named therein, one who purchases in good faith, for value, the bill of lading, or goods from the buyer will obtain the ownership in the goods, although the bill of exchange has not been honored, provided that such purchaser has received delivery of the bill of lading indorsed by the consignee named therein, or of the goods, without notice of the facts making the transfer wrongful. Should the commission agent, with authority of the principal, sell on credit, he shall so inform the principal, with a statement of the names of the buyers. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest in degree. 1557. (n), Art. 485. An offer made through an agent is accepted from the time acceptance is communicated to him. Should the commission agent receive on a sale, in addition to the ordinary commission, another called a guarantee commission, he shall bear the risk of collection and shall pay the principal the proceeds of the sale on the same terms agreed upon with the purchaser. Si le prêteur n'arrive pas à démontrer les exigences de l'article 1889, il pourra être privé du bien pendant une période assez étendue. 1870. 226. Any capitalist partner violating this prohibition shall bring to the common funds any profits accruing to him from his transactions, and shall personally bear all the losses. The foregoing provisions are without prejudice to the fulfillment of natural obligations. (1099a). (382). A deposit may be constituted judicially or extrajudicially. (1403a). 505. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight or measure bought bears to the number, weight or measure of the mass. (n). The payment of debts contracted by the husband or the wife before the marriage shall not be charged to the conjugal partnership. (1081a), In the same way, rights and conditions are lost by prescription. In a universal partnership of all present property, the property which belongs to each of the partners at the time of the constitution of the partnership, becomes the common property of all the partners, as well as all the profits which they may acquire therewith. 1248. (62a). (609a), Art. The principal must advance to the agent, should the latter so request, the sums necessary for the execution of the agency. When the employee's lack of due care contributed to his death or injury, the compensation shall be equitably reduced. If only the share of each partner in the profits has been agreed upon, the share of each in the losses shall be in the same proportion. The husband is responsible for the support of the wife and the rest of the family. Testamentary provisions in favor of the poor in general, without designation of particular persons or of any community, shall be deemed limited to the poor living in the domicile of the testator at the time of his death, unless it should clearly appear that his intention was otherwise. (607). (n). Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner or of any partner under legal disability. The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in which they were upon the perfection of the contract. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. The substitute shall be subject to the same charges and conditions imposed upon the instituted heir, unless and testator has expressly provided the contrary, or the charges or conditions are personally applicable only to the heir instituted. 1598. Central African nationality law is regulated by the Constitution of the Central African Republic, as amended; the Central African Republic's Nationality Code, and its revisions; and various international agreements to which the country is a signatory. 1467. (n). 2027. Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of Article 987, paragraph 2, concerning division between the paternal and maternal lines. 2019. (1405a), Art. 558. A possessor in good faith is entitled to the fruits received before the possession is legally interrupted. 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. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (1194). In default thereof, he shall do all that a good father of a family would do, as required by the nature of the business. (n), Art. Belges, Suisses, Italiens, les enfants nés de ces unions. If there are two or more credits with respect to the same specific real property or real rights, they shall be satisfied pro rata, after the payment of the taxes and assessments upon the immovable property or real right. Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance. (762a), Art. Children of brothers and sisters of the half blood shall succeed per capita or per stirpes, in accordance with the rules laid down for the brothers and sisters of the full blood. Upon approval of the petition for dissolution of the conjugal partnership, the court shall take such measures as may protect the creditors and other third persons. (1759), Art. In such case, the courts may, if the public interest will thus be subserved, allow the party repudiating the contract to recover the money or property. A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. 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. Art. If the contractor bound himself to furnish the material, he shall suffer the loss if the work should be destroyed before its delivery, save when there has been delay in receiving it. (n), Art. 1762. The guarantor of a guarantor shall enjoy the benefit of excussion, both with respect to the guarantor and to the principal debtor. "Title 18 of the United States Code, entitled 'Crimes and Criminal Procedure', is hereby revised, codified and enacted into positive law, and may be cited as 'Title 18, U.S.C., § —.' Betting on the result of sports, athletic competitions, or games of skill may be prohibited by local ordinances. (n), Art. (1321a), Art. (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. (1775), Art. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor's consent. (n), Art. The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. (2) Agents, the property whose administration or sale may have been entrusted to them, unless the consent of the principal has been given; (3) Executors and administrators, the property of the estate under administration; (4) Public officers and employees, the property of the State or of any subdivision thereof, or of any government-owned or controlled corporation, or institution, the administration of which has been intrusted to them; this provision shall apply to judges and government experts who, in any manner whatsoever, take part in the sale; (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession. (640a). Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years. 236. (1520). Art. 436. With the exception of moderate donations for charity, neither husband nor wife can donate any property of the conjugal partnership without the consent of the other. But the court may exempt the wife from living with the husband if he should live abroad unless in the service of the Republic. Art. (1146a), Art. (n), Art. 741. 169. (2) The composer; as to his musical composition; (3) The painter, sculptor, or other artist, with respect to the product of his art; (4) The scientist or technologist or any other person with regard to his discovery or invention. -00000- LE PRéSIDENT D'HAïTI a proposé, et LA CHAMBRE DES REPRéSENTAI DES COMMUNES, après les trois lectures consti- tutionnelle* r a rendu la Loi suivante : .jggg ARTICLE PREMIER. When a person who is not the owner of a thing sells or alienates and delivers it, and later the seller or grantor acquires title thereto, such title passes by operation of law to the buyer or grantee. 651. « un étranger qui y est lui-même né » ; on peut supposer que cet 809. It shall enable the minor to administer his property as though he were of age, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian. If the marriage is between a citizen of the Philippines and a foreigner, whether celebrated in the Philippines or abroad, the following rules shall prevail: (2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband's country shall be followed, without prejudice to the provisions of this Code with regard to immovable property. 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 omission of one or more objects or securities of the inheritance shall not cause the rescission of the partition on the ground of lesion, but the partition shall be completed by the distribution of the objects or securities which have been omitted. (1276), Art. 1890. 856. In obligations not to do, divisibility or indivisibility shall be determined by the character of the prestation in each particular case. (1893). (n), Art. (540a), Art. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. (n), Art. 642. The usufructuary may claim any matured credits which form a part of the usufruct if he has given or gives the proper security. Whenever the things united can be separated without injury, their respective owners may demand their separation. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. 738. (760a), Art. (18a), Art. Art. When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised.