article 1646 du code civil

(1184a), Art. 1173. Life annuity shall be void if constituted upon the life of a person who was already dead at the time the contract was entered into, or who was at that time suffering from an illness which caused his death within twenty days following said date. (n), Art. 2227. Property left by will is not deemed subject to collation, if the testator has not otherwise provided, but the legitime shall in any case remain unimpaired. (1154a). Art. 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. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. 1276. (1775), Art. (n), Art. One who sells for a lump sum the whole of certain rights, rents, or products, shall comply by answering for the legitimacy of the whole in general; but he shall not be obliged to warrant each of the various parts of which it may be composed, except in the case of eviction from the whole or the part of greater value. 50. Art. (1163a), Art. As to all matters not specifically provided for in this Title, barter shall be governed by the provisions of the preceding Title relating to sales. When a minor between eighteen and twenty-one years of age, who has entered into a contract without the consent of the parent or guardian, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover the same from the obligee who has spent or consumed it in good faith. (n), Art. This action prescribes within one year, to be counted from the time the donor had knowledge of the fact and it was possible for him to bring the action. In default of a special stipulation, the custom of the place shall be observed with regard to the kind of repairs on urban property for which the lessor shall be liable. (1951), Art. 707. 1688. Rights to the inheritance of a person who died, with or without a will, before the effectivity of this Code, shall be governed by the Civil Code of 1889, by other previous laws, and by the Rules of Court. The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss arises from the character of the things brought into the hotel. 847. (1112), Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. 509. (1501a). Art. 1203. 1147. Art. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. Art. Art. 825. The creditors of the partnership shall be preferred to those of each partner as regards the partnership property. (n). 1161. 243. In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract of sale. 1180. Art. 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. 1308. (41a). 743. (n), If a person binds himself solidarily with the principal debtor, the provisions of Section 4, Chapter 3, Title I of this Book shall be observed. (n), Art. (n). For his purpose, the court may appoint a guardian ad litem. The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made known to both contracting parties. (1153a), Art. (Rule 1), Art. But if the parents should expressly grant him all or part of the profits that he may obtain, such profits shall not be charged against his legitime. When one of the spouses neglects his or her duties to the conjugal union or brings danger, dishonor or material injury upon the other, the injured party may apply to the court for relief. 1634. 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. The duty of remembrance. 1571. (392). (1865a), Art. Art. The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has been expressly reserved for him. The complaint for separation and the final judgment declaring the same, shall be noted and recorded in the proper registers of property, if the judgment should refer to immovable property. (1299). When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be reformed. 1541. (1868a). 973. 1676. The notary public shall not be required to retain a copy of the will, or file another with the Office of the Clerk of Court. 1484. Acts relating to possession, executed or agreed to by one who possesses a thing belonging to another as a mere holder to enjoy or keep it, in any character, do not bind or prejudice the owner, unless he gave said holder express authority to do such acts, or ratifies them subsequently. Art. (1097a). Art. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. (n), Art. (1106). (3) A partner who has caused the dissolution wrongfully shall have: (b) If the business is continued under the second paragraph, No. (1530a), Art. Art. In the case of a sale by auction: (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable. (417a), Art. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof. Legitimation may be impugned by those who are prejudiced in their rights, when it takes place in favor of those who do not have the legal condition of natural children or when the requisites laid down in this Chapter are not complied with. Movable or immovable property which each of the partners may possess at the time of the celebration of the contract shall continue to pertain exclusively to each, only the usufruct passing to the partnership. A testator may charge with legacies and devises not only his compulsory heirs but also the legatees and devisees. 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. However, he shall acquire no real right over it until the same has been delivered to him. 1 of Article 1616. 1706. (n), Art. Art. In this Title, "decedent" is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he notifies the seller that he refuses to accept them. 1309. I am du 900 article code civil explication essay forwarding the message to all the riches of the background. 444. But the co-ownership may be terminated in accordance with Article 498. 1329. 1644. 1123. 1677. The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. Trouvé à l'intérieur – Page 395avec des notes indiquant la correspondance des articles entr'eux, ainsi que les modifications ... et avec une table alphabétique et raisonnée des matières. CHAPITRE III . Des causes qui empêchent la prescription . 1646. 1475. Art. The effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent. (619), 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. 715. Art. 1449. In holographic wills, the dispositions of the testator written below his signature must be dated and signed by him in order to make them valid as testamentary dispositions. 1471. A limited partner may receive from the partnership the share of the profits or the compensation by way of income stipulated for in the certificate; provided that after such payment is made, whether from property of the partnership or that of a general partner, the partnership assets are in excess of all liabilities of the partnership except liabilities to limited partners on account of their contributions and to general partners. A guaranty may also be given as security for future debts, the amount of which is not yet known; there can be no claim against the guarantor until the debt is liquidated. (2) For the unpaid price of real property sold, upon the immovable sold; (3) Claims of laborers, masons, mechanics and other workmen, as well as of architects, engineers and contractors, engaged in the construction, reconstruction or repair of buildings, canals or other works, upon said buildings, canals or other works; (4) Claims of furnishers of materials used in the construction, reconstruction, or repair of buildings, canals or other works, upon said buildings, canals or other works; (5) Mortgage credits recorded in the Registry of Property, upon the real estate mortgaged; (6) Expenses for the preservation or improvement of real property when the law authorizes reimbursement, upon the immovable preserved or improved; (7) Credits annotated in the Registry of Property, in virtue of a judicial order, by attachments or executions, upon the property affected, and only as to later credits; (8) Claims of co-heirs for warranty in the partition of an immovable among them, upon the real property thus divided; (9) Claims of donors or real property for pecuniary charges or other conditions imposed upon the donee, upon the immovable donated; (10) Credits of insurers, upon the property insured, for the insurance premium for two years. Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; should they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants. » Article 1648 alinéa 1er Code civil (n), Art. Pursuant to Articles L.242-1 of the French Insurance Code and 1646-1 of the French Civil Code, the Purchaser is subrogated to the Vendor's rights with regard to the foregoing insurance contract and the ten-year property developer's liability contract. (n), Art. Whenever the usufruct includes things which cannot be used without being consumed, the usufructuary shall have the right to make use of them under the obligation of paying their appraised value at the termination of the usufruct, if they were appraised when delivered. (1516). 237. An absolutely simulated or fictitious contract is void. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to Articles 1132, and without prejudice to the provisions of Articles 559, 1505, and 1133. 1467. If a contract which purports to be for the delivery of goods, securities or shares of stock is entered into with the intention that the difference between the price stipulated and the exchange or market price at the time of the pretended delivery shall be paid by the loser to the winner, the transaction is null and void. (35a). (870a). Trouvé à l'intérieur – Page 601Secùs pour le cas de l'article 1646 , parce qu'il est de bonne foi . 1646. Si le vendeur ignorait les vices de la chose , il ne sera tenu qu'à la restitution du prix , et à rembourser à l'acquéreur les frais occasionnés par la vente . (1771a). (1833a), Art. 58. Art. (n). (1824a), Art. Art. In all these cases, the period of the interruption shall be counted for the prescription. 1986. The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. 1361. (n). 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. Every fideicommissary substitution must be expressly made in order that it may be valid. (1524a), Art. It is understood that there is a tacit ratification if, with knowledge of the reason which renders the contract voidable and such reason having ceased, the person who has a right to invoke it should execute an act which necessarily implies an intention to waive his right. (169a), Art. The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. 1887. (1827a), Art. (915). Art. Incidental fraud only obliges the person employing it to pay damages. Unenforceable contracts cannot be assailed by third persons. Substitute parental authority shall be exercised by the grandparents in the following order: (2) Shall receive at least elementary education; (3) Shall be given moral and civic training by the parents or guardian; (4) Has a right to live in an atmosphere conducive to his physical, moral and intellectual development. 645. The ownership of the thing sold is acquired by the vendee from the moment it is delivered to him in any of the ways specified in Articles 1497 to 1501, or in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee. 1129. (1095). (1954a). (987a), The provisions relating to incapacity by will are equally applicable to intestate succession. (1160A). 771. (2) Respect his grandparents, old relatives, and persons holding substitute parental authority; (3) Exert his utmost for his education and training; (4) Cooperate with the family in all matters that make for the good of the same. (3) Where the partner has no authority to wind up partnership affairs; except by a transaction with one who: (b) Had not extended credit to the partnership prior to dissolution, and, having no knowledge or notice of his want of authority, the fact of his want of authority has not been advertised in the manner provided for advertising the fact of dissolution in the first paragraph, No. If the partners have agreed to intrust to a third person the designation of the share of each one in the profits and losses, such designation may be impugned only when it is manifestly inequitable. (Rule 2a). A guaranty may be conventional, legal or judicial, gratuitous, or by onerous title. 1551. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. Article 1612 du Code civil 6. 749. (837a). The same rule applies when the nature of the obligation requires the assumption of risk. 264. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. Nous partageons des informations sur l'utilisation de notre site avec nos partenaires de publicité, qui peuvent combiner celles-ci avec d'autres informations que vous leur avez fournies ou qu'ils ont collectées lors de votre utilisation de leurs services. 1346. 524. If the vendee has renounced the right to warranty in case of eviction, and eviction should take place, the vendor shall only pay the value which the thing sold had at the time of the eviction. (1571a), Art. (1271a), Art. (n), Art. (1427a), Art. Any stipulation or testamentary provision allowing excavations that cause danger to an adjacent land or building shall be void. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. L'article 1709 définit le louages des choses comme « un contrat par lequel l'une des parties s'oblige à faire jouir l'autre d'une chose pendant un certain temps, et moyennant . In crimes and quasi-delicts, interest as a part of the damages may, in a proper case, be adjudicated in the discretion of the court. 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. A positive easement is one which imposes upon the owner of the servient estate the obligation of allowing something to be done or of doing it himself, and a negative easement, that which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist. 1019. If through the negligence or wilful act of the pledgee, the thing pledged is in danger of being lost or impaired, the pledgor may require that it be deposited with a third person.

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