The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. Civil fruits are deemed to accrue daily, and belong to the usufructuary in proportion to the time the usufruct may last. 2, either alone or with others, and without liquidation of the partnership affairs; (6) When a partner is expelled and the remaining partners continue the business either alone or with others without liquidation of the partnership affairs. 446. (1291a), Art. In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. 76. Art. 1221. du code civil et 24 de la loi du 8 février 1995 relative à l'organisation des juridictions et de la procédure civile, pénale et administrative. (452a). In default of the father and mother, the ascendants nearest in degree shall inherit. 1722. 1820. (n). (n), Art. If deposit with a third person is allowed, the depositary is liable for the loss if he deposited the thing with a person who is manifestly careless or unfit. There may also be tradition constitutum possessorium. A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. 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. A limited partner shall not receive from a general partner or out of partnership property any part of his contributions until: (2) The consent of all members is had, unless the return of the contribution may be rightfully demanded under the provisions of the second paragraph; and. The heirs of the husband may impugn the legitimacy of the child only in the following cases: (2) If he should die after the filing of the complaint, without having desisted from the same; (3) If the child was born after the death of the husband. 1297. (n), Art. The usufructuary may personally enjoy the thing in usufruct, lease it to another, or alienate his right of usufruct, even by a gratuitous title; but all the contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct, saving leases of rural lands, which shall be considered as subsisting during the agricultural year. (1454a), Art. 1945. 1093. (1518), Should there have been no fruits at the time of the sale and some exist at the time of redemption, they shall be prorated between the redemptioner and the vendee, giving the latter the part corresponding to the time he possessed the land in the last year, counted from the anniversary of the date of the sale. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. 2158. The making of a will is a strictly personal act; it cannot be left in whole or in part of the discretion of a third person, or accomplished through the instrumentality of an agent or attorney. Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner's act binds the partnership under the provisions of the first paragraph of article 1818, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority. Where both spouses are offenders, a legal separation cannot be claimed by either of them. A contract of partnership is void, whenever immovable property is contributed thereto, if an inventory of said property is not made, signed by the parties, and attached to the public instrument. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied. 1151. 170. Art. If the price of the sale is more than said amount, the debtor shall not be entitled to the excess, unless it is otherwise agreed. (367), Art. (n), Art. (2) If in fact the manager has been tacitly authorized by the owner. (1091a), Art. (1496a), Art. 1903. But any loser in a game of chance may recover his loss from the winner, with legal interest from the time he paid the amount lost, and subsidiarily from the operator or manager of the gambling house. 394. Trouvé à l'intérieur – Page 907Je mets aux voix l'article 1541 du code civil , ainsi modifié . ( C'e texte est adopté . ) Section VI . ... Les articles 1530 à 1535 du code civil ont été abrogés par l'Assemblée nationale . ... [ Articles 1539 et 1540 du code civil . ] ... 585. The action already commenced by the child is transmitted upon his death to the heirs, if the proceeding has not yet lapsed. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription: (2) To bring an action to abate a public or private nuisance. Art. 332. However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them. (1452a). Art. 505. Art. Debts contracted by either spouse without the consent of the other shall be chargeable against the community to the extent that the family may have been benefited thereby. The contractor is responsible for the work done by persons employed by him. (1329a), Art. (874a). 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. (148a), Art. Art. 568. (984). (404), Art. If the immovable sold should be encumbered with any non-apparent burden or servitude, not mentioned in the agreement, of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may ask for the rescission of the contract, unless he should prefer the appropriate indemnity. (b) When the dissolution is by such act, insolvency or death of a partner, in cases where article 1833 so requires; (2) The dissolution being by the death or insolvency of a partner, the partner acting for the partnership had knowledge or notice of the death or insolvency. (n), Art. 272. 861. (1180), Art. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. The possession of things or rights may be had in one of two concepts: either in the concept of owner, or in that of the holder of the thing or right to keep or enjoy it, the ownership pertaining to another person. (659), Art. (1724a), Art. However, the payment of debts contracted by the husband or the wife before the marriage, and that of fines and indemnities imposed upon them, may be enforced against the partnership assets after the responsibilities enumerated in Article 161 have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership such spouse shall be charged for what has been paid for the purpose above-mentioned. Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to his wife within the first one hundred and twenty days of three hundred which preceded the birth of the child. (n), Art. (1575), Art. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified. 1889. Art. (1750a). (1273), Art. Art. 152. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate. 1712. (605), Art. The creditor, unless there is a stipulation to the contrary, is obliged to pay the taxes and charges upon the estate. 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. Art. 1540. (n). The purchase of jewelry and precious objects is voidable, unless the transaction has been expressly or tacitly approved by the husband, or unless the price paid is from her paraphernal property. Two or more persons desiring to form a limited partnership shall: (c) The location of the principal place of business; (d) The name and place of residence of each member, general and limited partners being respectively designated; (e) The term for which the partnership is to exist; (f) The amount of cash and a description of and the agreed value of the other property contributed by each limited partner; (g) The additional contributions, if any, to be made by each limited partner and the times at which or events on the happening of which they shall be made; (h) The time, if agreed upon, when the contribution of each limited partner is to be returned; (i) The share of the profits or the other compensation by way of income which each limited partner shall receive by reason of his contribution; (j) The right, if given, of a limited partner to substitute an assignee as contributor in his place, and the terms and conditions of the substitution; (k) The right, if given, of the partners to admit additional limited partners; (l) The right, if given, of one or more of the limited partners to priority over other limited partners, as to contributions or as to compensation by way of income, and the nature of such priority; (m) The right, if given, of the remaining general partner or partners to continue the business on the death, retirement, civil interdiction, insanity or insolvency of a general partner; and. If the minor or insane person causing damage has no parents or guardian, the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. 506. However, if there is a stipulation that the thing should be returned to one of the depositors, the depositary shall return it only to the person designated. Doctrine propose ici les documents parlementaires, uniquement sur les articles modifiés par les lois de la XVe législature. If a third party secures an obligation by pledging his own movable property under the provisions of Article 2085 he shall have the same rights as a guarantor under Articles 2066 to 2070, and Articles 2077 to 2081. Then, the debts and charges against the conjugal partnership shall be paid. The testator may freely dispose of the remaining one-eighth of the estate. No interest shall be due unless it has been expressly stipulated in writing. 460. 1761. Reversion may be validly established in favor of only the donor for any case and circumstances, but not in favor of other persons unless they are all living at the time of the donation. 1012. If the assignee has reasonable grounds to believe that the actual value of the family home exceeds the amount fixed in Article 231, he may take action under the provisions of Articles 247, 248 and 249. (9) Where a partner has become insolvent or his estate is insolvent, the claims against his separate property shall rank in the following order: (b) Those owing to partnership creditors; (c) Those owing to partners by way of contribution. If a partner authorized to manage collects a demandable sum which was owed to him in his own name, from a person who owed the partnership another sum also demandable, the sum thus collected shall be applied to the two credits in proportion to their amounts, even though he may have given a receipt for his own credit only; but should he have given it for the account of the partnership credit, the amount shall be fully applied to the latter. (b) The contributions of the partners necessary for the payment of all the liabilities specified in No. (1846), Art. 1101. 1540 du 16 novembre 2011 portant transposition de la directive 2008/52/CE du 21 mai 2008 du Parlement . 2200. (1109a). Nevertheless, in case of a gratuitous guaranty, if the guarantor was prevented by a fortuitous event from advising the debtor of the payment, and the creditor becomes insolvent, the debtor shall reimburse the guarantor for the amount paid. An implied warranty or condition as to the quality or fitness for a particular purpose may be annexed by the usage of trade. The period of prescription for the acquisition of an easement of light and view shall be counted: (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. No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him. Art. (39a). If some stipulation of any contract should admit of several meanings, it shall be understood as bearing that import which is most adequate to render it effectual. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription. In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration Laws.

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