En raison de tensions sociopolitiques, religieuses et territoriales, il fut l'un des codes civils les plus tardifs. Article 8 1. (466), Art. The rules under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code. (n), Art. (124), Art. Art. 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. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother. No contract may be entered into upon future inheritance except in cases expressly authorized by law. (1676), Art. (n), Art. 1354. (2) Between brothers and sisters, whether of the full or half blood; (3) Between collateral relatives by blood within the fourth civil degree. In case there is a separation of property, by stipulation in the marriage settlements, the husband and wife shall contribute proportionately to the family expenses. The partition made by the testator cannot be impugned on the ground of lesion, except when the legitime of the compulsory heirs is thereby prejudiced, or when it appears or may reasonably be presumed, that the intention of the testator was otherwise. The public official in charge of registration of priests and ministers, with the approval of the proper head of Department, is hereby authorized to prepare the necessary forms and to promulgate regulations for the purpose of enforcing the provisions of this Title. A marriage in articulo mortis may also be solemnized by the captain of a ship or chief of an airplane during a voyage, or by the commanding officer of a military unit, in the absence of a chaplain, during war. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues. One who for the purpose of irrigating or improving his estate, has to construct a stop lock or sluice gate in the bed of the stream from which the water is to be taken, may demand that the owners of the banks permit its construction, after payment of damages, including those caused by the new easement to such owners and to the other irrigators. 1951. Art. 2187. 777. 174. (657a), Art. 638. The parties may agree upon the compensation of debts which are not yet due. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated. The Emperor is the head of the Empire, combining in Himself the rights of sovereignty, and exercises them, according to the provisions of the present Constitution. (n), Art. (1951), Art. (2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter; (3) Between the legitimate children of the adopter and the adopted. 826. The obligation to give support shall also cease: (2) When the resources of the obligor have been reduced to the point where he cannot give the support without neglecting his own needs and those of his family; (3) When the recipient may engage in a trade, profession, or industry, or has obtained work, or has improved his fortune in such a way that he no longer needs the allowance for his subsistence; (4) When the recipient, be he a forced heir or not, has committed some act which gives rise to disinheritance; (5) When the recipient is a descendant, brother or sister of the obligor and the need for support is caused by his or her bad conduct or by the lack of application to work, so long as this cause subsists. (n). If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. (837a). Art. (n), Art. However, the courts may pass upon the credibility of the depositor with respect to the value claimed by him. A creditor whose debtor is the owner of a negotiable document of title shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such document or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process. In such case the contract is called a suretyship. (2) Those which are absolutely simulated or fictitious; (3) Those whose cause or object did not exist at the time of the transaction; (4) Those whose object is outside the commerce of men; (5) Those which contemplate an impossible service; (6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained; (7) Those expressly prohibited or declared void by law. re: code of civil procedure, art. 1309. 935. 1236. 898. 1605. The same obligation shall be incumbent upon him when the management had for its purpose the prevention of an imminent and manifest loss, although no benefit may have been derived. The sole owner of a thing may sell an undivided interest therein. (796), Art. When the manner of management has not been agreed upon, the following rules shall be observed: (2) None of the partners may, without the consent of the others, make any important alteration in the immovable property of the partnership, even if it may be useful to the partnership. 403. A legacy or devise made to a creditor shall not be applied to his credit, unless the testator so expressly declares. (1929a). 2038. 2134. 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. (383a), Art. The mortgage credit may be alienated or assigned to a third person, in whole or in part, with the formalities required by law. 996. 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. 1987. 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. (1544a), Art. Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. However, the husband may object, provided: (2) His opposition is founded on serious and valid grounds. The public auction shall take place within one month after such demand. 1631. Gratuit : Retrouvez l'intégralité du Code civil ci-dessous : Article 1889. Art. An obligation having been annulled, the contracting parties shall restore to each other the things which have been the subject matter of the contract, with their fruits, and the price with its interest, except in cases provided by law. (n), Art. 641. (1281), Art. 1460. (394a), Art. (1193), Art. (611), Art. 1924. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in Article 492. 888. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. (n), Art. 762. The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Art. (1957a), Art. He shall pay for the same. (345a), Whenever the word "muebles," or "furniture," is used alone, it shall not be deemed to include money, credits, commercial securities, stocks and bonds, jewelry, scientific or artistic collections, books, medals, arms, clothing, horses or carriages and their accessories, grains, liquids and merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, except where from the context of the law, or the individual declaration, the contrary clearly appears. (122), Art. Art. The thing deposited shall be returned with all its products, accessories and accessions. When a donation is made to several persons jointly, it is understood to be in equal shares, and there shall be no right of accretion among them, unless the donor has otherwise provided. If the act in which the unlawful or forbidden cause consists does not constitute a criminal offense, the following rules shall be observed: (2) When only one of the contracting parties is at fault, he cannot recover what he has given by reason of the contract, or ask for the fulfillment of what has been promised him. 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. When two persons contract with regard to the same thing, one of them with the agent and the other with the principal, and the two contracts are incompatible with each other, that of prior date shall be preferred, without prejudice to the provisions of Article 1544. Those credits which enjoy preference in relation to specific real property or real rights, exclude all others to the extent of the value of the immovable or real right to which the preference refers. Art. 1327. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. The common carrier's duty to observe extraordinary diligence over the goods remains in full force and effect even when they are temporarily unloaded or stored in transit, unless the shipper or owner has made use of the right of stoppage in transitu. (n). (1407). (3) By the condonation or remission of the debt; (4) By the confusion or merger of the rights of creditor and debtor; Art. (n). 2004. 2133. 2186. 765. Art. (39a). (560), Art. 1672. Art. 636. (769a), Art. Any sum of money obtained through an encumbrance on the family home shall be used in the interest of the beneficiaries. 1887. 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. 298. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud. 26. After they have been fully met, the debts of the conjugal partnership which have redounded to the benefit of the family may be paid from said fruits and interest. (n), Art. 195. Art. 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. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants. (1384a). Furthermore, it may be decreed that what has been poorly done be undone. (403), Art. civil, tels que redéfinis par la loi du 26 juin 1889, très peu pour l’article 286. (646a). Art. 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. On a effectivement constaté que Among the compulsory heirs the right of accretion shall take place only when the free portion is left to two or more of them, or to any one of them and to a stranger. 2165. Art. (1666a), Art. 1643. Should he have bound himself for more, his obligations shall be reduced to the limits of that of the debtor. (1259a). (1950a), Art. Art. 2171. However, he shall acquire no real right over it until the same has been delivered to him. (1575), Art. However, such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given. (1924a), Art. (870a). (607). (1459a), But if the thing should have been lost in part only, the vendee may choose between withdrawing from the contract and demanding the remaining part, paying its price in proportion to the total sum agreed upon. When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to anyone, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such persons to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made: (2) When no partnership liability results, he is liable pro rata with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately.