/Users/andrea/_magisterarbeit/korpus/clean/trainkorpus/25/file16.html NN ----------------------------------------- : CIVIL JJ CODE NN MISE NN A NP JOUR FW LEGIFRANCE NP 21 CD February NP 2004 CD Dernier NP texte NN modificateur NN . SENT ordonnance NN n NN 2004 CD 164 CD du NP 20 CD Feb NN . SENT 2004 CD Translated VVN by IN Georges NP Rouhette NP , , Professor NP of IN Law NP , , with IN the DT assistance NN of IN Anne NP Berton NP , , Research NP Assistant NP in IN English NP . SENT CIVIL JJ CODE NN PRELIMINARY JJ TITLE NN OF IN THE DT PUBLICATION NN , , OPERATION NN AND CC APPLICATION NN OF IN STATUTES NNS IN IN GENERAL NP Art NP . SENT 1 CD Statutes NNS become VVN in IN force NN throughout IN the DT French JJ territory NN by IN virtue NN of IN their PP$ being VBG promulgated VVD by IN the DT President NP of IN the DT Republic NP Constitution NP of IN 4 CD Oct NP . SENT 1958 CD , , art NN . SENT 10 CD . SENT They PP shall MD be VB enforced VVN in IN every DT part NN of IN the DT Republic NP from IN the DT moment NN their PP$ promulgation NN can MD be VB known VVN . SENT The DT promulgation NN made VVN by IN the DT President NP of IN the DT Republic NP shall MD be VB deemed VVN known VVN in IN the DT d NN partement NN where WRB the DT Government NN is VBZ sitting VVG one CD day NN after IN the DT day NN of IN promulgation NN . SENT and CC in IN all PDT the DT other JJ d NN partements NNS , , after IN the DT expiry NN of IN the DT same JJ period NN , , increased VVN by IN one CD day NN per IN ten CD myriameters NNS about IN twenty CD ancient JJ leagues NNS between IN the DT city NN where WRB the DT promulgation NN is VBZ made VVN and CC the DT chief JJ town NN of IN each DT d NN partement NN 1 CD . SENT 1 CD Shall NP continue VV in IN force NN until IN 31 CD May NP 2004 CD Art NN . SENT 1 CD Ord NP . SENT n NN 2004 CD 164 CD of IN 20 CD Feb NN . SENT 20041 CD . SENT Statutes NNS and CC , , when WRB they PP are VBP published VVN in IN the DT Journal NP Officiel NP de FW la FW R NP publique NP Fran NP aise NN , , administrative JJ acts NNS shall MD come VV into IN force NN on IN the DT date NN specified VVN in IN them PP or CC , , in IN the DT absence NN thereof RB , , on IN the DT day NN after IN their PP$ publication NN . SENT However RB , , the DT commencement NN of IN those DT of IN their PP$ provisions NNS whose WP$ enforcement NN requires VVZ implementing VVG measures NNS shall MD be VB postponed VVN to TO the DT date NN of IN commencement NN of IN said VVN measures NNS . SENT In IN case NN of IN emergency NN , , statutes NNS whose WP$ decree NN of IN promulgation NN so RB prescribes VVZ and CC administrative JJ acts NNS as IN to TO which WDT the DT Government NN so IN orders NNS by IN a DT special JJ provision NN shall MD come VV into IN force NN as RB soon RB as IN they PP are VBP published VVN . SENT The DT provisions NNS of IN this DT Article NP shall MD not RB apply VV to TO acts NNS of IN individual JJ application NN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD June NP 2004 CD Art NN . SENT 2 CD Legislation NN provides VVZ only RB for IN the DT future NN . SENT it PP has VHZ no DT retrospective JJ operation NN . SENT Art NN . SENT 3 CD Statutes NNS relating VVG to TO public JJ policy NN and CC safety NN are VBP binding VVG on IN all PDT those DT living NN on IN the DT territory NN . SENT Immovables NNS are VBP governed VVN by IN French JJ law NN even RB when WRB owned VVN by IN aliens NNS . SENT Statutes NNS relating VVG to TO the DT status NN and CC capacity NN of IN persons NNS govern VVP French JJ persons NNS , , even RB those DT residing VVG in IN foreign JJ countries NNS . SENT Art NN . SENT 4 LS A DT judge NN who WP refuses VVZ to TO give VV judgment NN on IN the DT pretext NN of IN legislation NN being VBG silent JJ , , obscure JJ or CC insufficient JJ , , may MD be VB prosecuted VVN for IN being VBG guilty JJ of IN a DT denial NN of IN justice NN . SENT Art NN . SENT 5 CD Judges NNS are VBP forbidden VVN to TO decide VV cases NNS submitted VVN to TO them PP by IN way NN of IN general JJ and CC regulatory JJ provisions NNS . SENT Art NN . SENT 6 CD Statutes NNS relating VVG to TO public JJ policy NN and CC morals NNS may MD not RB be VB derogated VVN from IN by IN private JJ agreements NNS . SENT BOOK NN ONE CD OF IN PERSONS NNS TITLE NN ONE CD OF IN CIVIL JJ RIGHTS NNS CHAPTER NN I NN OF IN ENJOYMENT NN OF IN CIVIL JJ RIGHTS NNS Art NN . SENT 7 CD Act NP of IN 26 CD June NP 1889 CD The DT exercise NN of IN civil JJ rights NNS is VBZ unrelated JJ to TO the DT exercise NN of IN political JJ rights NNS which WDT are VBP acquired VVN and CC kept VVN in IN accordance NN with IN constitutional JJ and CC electoral JJ statutes NNS . SENT Art NN . SENT 8 CD Act NP of IN 26 CD June NP 1889 CD Every DT French JJ person NN enjoys VVZ civil JJ rights NNS . SENT Art NN . SENT 9 CD Act NP n NN 70 CD 643 CD of IN 17 CD July NP 1970 CD Everyone NN has VHZ the DT right NN to TO respect VV for IN his PP$ private JJ life NN . SENT Without IN prejudice NN to TO compensation NN for IN injury NN suffered VVD , , the DT court NN may MD prescribe VV any DT measures NNS , , such JJ as IN sequestration NN , , seizure NN and CC others NNS , , appropriate JJ to TO prevent VV or CC put VV an DT end NN to TO an DT invasion NN of IN personal JJ privacy NN . SENT in IN case NN of IN emergency NN those DT measures NNS may MD be VB provided VVN for IN by IN interim JJ order NN . SENT Art NN . SENT 9 CD 1 CD Act NP n NN 93 CD 2 CD of IN 4 CD Jan NP . SENT 1993 CD Everyone NN has VHZ the DT right NN to TO respect VV of IN the DT presumption NN of IN innocence NN . SENT Act NP n NN 2000 CD 516 CD of IN 15 CD June NP 2000 CD Where WRB , , before IN any DT sentence NN , , a DT person NN is VBZ publicly RB shown VVN as IN being VBG guilty JJ of IN facts NNS under IN inquiries NNS or CC preliminary JJ investigation NN , , the DT court NN , , even RB by IN interim JJ order NN and CC without IN prejudice NN to TO compensation NN for IN injury NN suffered VVD , , may MD prescribe VV any DT measures NNS , , such JJ as IN the DT insertion NN of IN a DT rectification NN or CC the DT circulation NN of IN a DT communiqu NN , , in IN order NN to TO put VV an DT end NN to TO the DT infringement NN of IN the DT presumption NN of IN innocence NN , , at IN the DT expenses NNS of IN the DT natural JJ or CC juridical JJ person NN liable JJ for IN that DT infringement NN . SENT Art NN . SENT 10 CD Act NP n NN 72 CD 626 CD of IN 5 CD July NP 1972 CD Everyone NN is VBZ bound VVN to TO collaborate VV with IN the DT court NN so IN that DT truth NN may MD come VV out RP . SENT He PP who WP , , without IN legitimate JJ reason NN , , eludes VVZ that DT obligation NN when WRB it PP has VHZ been VBN legally RB prescribed VVN to TO him PP , , may MD be VB compelled VVN to TO comply VV with IN it PP , , if IN need MD be VB on IN pain NN of IN periodic JJ penalty NN payment NN or CC of IN a DT civil JJ fine NN , , without IN prejudice NN to TO damages NNS . SENT Art NN . SENT 11 CD An DT alien NN enjoys VVZ in IN France NP the DT same JJ civil JJ rights NNS as IN those DT that WDT are VBP or CC will MD be VB granted VVN to TO French JJ persons NNS by IN the DT treaties NNS of IN the DT nation NN to TO which WDT that DT alien NN belongs VVZ . SENT Art NN . SENT 12 CD and CC 13 CD repealed VVN Art NN . SENT 14 CD An DT alien NN , , even RB if IN not RB residing VVG in IN France NP , , may MD be VB cited VVN before IN French JJ courts NNS for IN the DT performance NN of IN obligations NNS contracted VVN by IN him PP in IN France NP with IN a DT French JJ person NN . SENT he PP may MD be VB called VVN before IN the DT courts NNS of IN France NP for IN obligations NNS contracted VVN by IN him PP in IN a DT foreign JJ country NN towards IN French JJ persons NNS . SENT Art NN . SENT 15 CD French JJ persons NNS may MD be VB called VVN before IN a DT court NN of IN France NP for IN obligations NNS contracted VVN by IN them PP in IN a DT foreign JJ country NN , , even RB with IN an DT alien NN . SENT CHAPTER NN II NP THE NP OF IN RESPECT NN OF IN THE DT HUMAN JJ BODY NN Act NP n NN 94 CD 653 CD of IN 29 CD July NP 1994 CD Art NN . SENT 16 CD Legislation NN ensures VVZ the DT primacy NN of IN the DT person NN , , prohibits VVZ any DT infringement NN of IN the DT latter's JJ dignity NN and CC safeguards NNS the DT respect NN of IN the DT human JJ being NN from IN the DT outset NN of IN life NN . SENT Art NN . SENT 16 CD 1 CD Everyone NN has VHZ the DT right NN to TO respect VV for IN his PP$ body NN . SENT The DT human JJ body NN is VBZ inviolable JJ . SENT The DT human JJ body NN , , its PP$ elements NNS and CC its PP$ products NNS may MD not RB form VV the DT subject NN of IN a DT patrimonial JJ right NN . SENT Art NN . SENT 16 CD 2 CD The DT court NN may MD prescribe VV any DT measures NNS appropriate JJ to TO prevent VV or CC put VV an DT end NN to TO an DT unlawful JJ invasion NN of IN the DT human JJ body NN or CC to TO unlawful JJ dealings NNS relating VVG to TO its PP$ elements NNS or CC products NNS . SENT Art NN . SENT 16 CD 3 CD There RB shall MD be VB no DT invasion NN of IN the DT integrity NN of IN the DT human JJ body NN except IN in IN case NN of IN medical JJ Act NP n NN 99 CD 641 CD of IN 27 CD July NP 1999 CD necessity NN for IN the DT person NN . SENT The DT consent NN of IN the DT person NN concerned VVN must MD be VB obtained VVN previously RB except IN when WRB his PP$ state NN necessitates VVZ a DT therapeutic JJ intervention NN to TO which WDT he PP is VBZ not RB able JJ to TO assent NN . SENT Art NN . SENT 16 CD 4 CD Nobody NN may MD invade VV the DT integrity NN of IN mankind NN . SENT Any DT eugenic JJ practice NN which WDT aims VVZ at IN organizing VVG the DT selection NN of IN persons NNS is VBZ forbidden VVN . SENT Without IN prejudice NN to TO researches NNS aiming VVG at IN preventing VVG and CC treating VVG genetic JJ diseases NNS , , there EX may MD be VB no DT alteration NN of IN the DT genetic JJ characters NNS with IN a DT view NN to TO changing VVG the DT descent NN of IN a DT person NN . SENT Art NN . SENT 16 CD 5 CD Agreements NNS that WDT have VHP the DT effect NN of IN bestowing VVG a DT patrimonial JJ value NN to TO the DT human JJ body NN , , its PP$ elements NNS or CC products NNS are VBP void JJ . SENT Art NN . SENT 16 CD 6 CD No DT remuneration NN may MD be VB granted VVN to TO a DT person NN who WP consents NNS to TO an DT experimentation NN on IN himself PP , , to TO the DT taking NN of IN elements NNS off IN his PP$ body NN or CC to TO the DT collection NN of IN products NNS thereof RB . SENT Art NN . SENT 16 CD 7 CD All NP agreements NNS relating VVG to TO procreation NN or CC gestation NN on IN account NN of IN a DT third JJ party NN are VBP void JJ . SENT Art NN . SENT 16 CD 8 CD No DT information NN enabling VVG the DT identification NN of IN both CC the DT person NN that WDT donates VVZ an DT element NN or CC a DT product NN of IN his PP$ body NN and CC the DT person NN that WDT receives VVZ it PP may MD be VB disclosed VVN . SENT The DT donor NN may MD not RB be VB acquainted VVN with IN the DT identity NN of IN the DT receiver NN and CC the DT receiver NN may MD not RB be VB acquainted VVN with IN that DT of IN the DT donor NN . SENT In IN case NN of IN therapeutic JJ necessity NN , , only RB the DT physicians NNS of IN the DT donor NN and CC receiver NN may MD have VH access NN to TO the DT information NN enabling VVG the DT identification NN of IN the DT two CD persons NNS concerned JJ . SENT Art NN . SENT 16 CD 9 CD The DT provisions NNS in IN this DT chapter NN are VBP mandatory JJ . SENT CHAPTER NN III NP OF IN THE DT GENETIC JJ STUDY NN OF IN THE DT PARTICULARS NNS OF IN A DT PERSON NN AND CC OF IN THE DT IDENTIFICATION NN OF IN A DT PERSON NN OWING VVG TO TO HIS PP$ GENETIC JJ PRINTS NNS Act NP n NN 94 CD 653 CD of IN 29 CD July NP 1994 CD Art NN . SENT 16 CD 10 CD A DT genetic JJ study NN of IN the DT particulars NNS of IN a DT person NN may MD be VB undertaken VVN only RB for IN medical JJ purposes NNS or CC in IN the DT interest NN of IN scientific JJ research NN . SENT The DT consent NN of IN the DT person NN must MD be VB obtained VVN before IN the DT carrying VVG out RP of IN the DT study NN . SENT Art NN . SENT 16 CD 11 CD The DT identification NN of IN a DT person NN owing VVG to TO his PP$ genetic JJ prints NNS may MD only RB be VB searched VVD for IN within IN the DT framework NN of IN inquiries NNS or CC investigations NNS pending VVG judicial JJ proceedings NNS or CC for IN medical JJ purposes NNS or CC in IN the DT interest NN of IN scientific JJ research NN . SENT In IN civil JJ matters NNS , , that DT identification NN may MD be VB sought VVN only RB in IN implementation NN of IN proof NN proceedings NNS directed VVN by IN the DT court NN seized VVN of IN an DT action NN aiming VVG either RB at IN establishing VVG or CC at IN contesting VVG a DT parental JJ bond NN , , or CC for IN getting VVG or CC discontinuing VVG subsidies NNS . SENT The DT consent NN of IN the DT person NN must MD be VB obtained VVN previously RB and CC expressly RB . SENT Where WRB the DT identification NN is VBZ made VVN for IN medical JJ purposes NNS or CC in IN the DT interest NN of IN scientific JJ research NN , , the DT consent NN of IN the DT person NN must MD be VB obtained VVN previously RB . SENT Art NN . SENT 16 CD 12 CD Only JJ persons NNS whom WP have VHP been VBN authorized VVN in IN such PDT a DT way NN as IN prescribed VVN by IN a DT decree NN in IN Conseil NP d SYM tat NN are VBP entitled VVN to TO undertake VV identifications NNS owing VVG to TO genetic JJ prints NNS . SENT In IN the DT framework NN of IN judicial JJ proceedings NNS , , those DT persons NNS must MD besides RB be VB registered VVN in IN a DT list NN of IN judicial JJ experts NNS . SENT Art NN . SENT 16 CD 13 CD Act NP n NN 2002 CD 303 CD of IN 4 CD March NP 2002 CD . SENT No DT one NN may MD be VB discriminated VVN against IN on IN the DT basis NN of IN his PP$ genetic JJ features NNS . SENT TITLE NN ONE CD bis RB OF IN FRENCH JJ NATIONALITY NN Act NP n NN 93 CD 33 CD of IN 22 CD July NP 1993 CD CHAPTER NN I NP GENERAL NP PROVISIONS NNS Art NN . SENT 17 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD French JJ nationality NN is VBZ granted VVN , , acquired VVN or CC lost VVN according VVG to TO the DT provisions NNS laid VVN down RP in IN this DT Title NP , , subject JJ to TO any DT treaties NNS and CC other JJ international JJ commitments NNS of IN France NP which WDT may MD apply VV . SENT Art NN . SENT 17 CD 1 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD New NP statutes NNS related VVN to TO the DT granting VVG of IN nationality NN by IN birth NN shall MD apply VV to TO persons NNS who WP are VBP minors NNS at IN the DT time NN of IN their PP$ entry NN into IN force NN , , without IN prejudice NN to TO the DT vested JJ rights NNS of IN third JJ parties NNS and CC without IN their PP$ being VBG allowed VVN to TO challenge VV the DT validity NN of IN transactions NNS previously RB concluded VVD on IN ground NN of IN nationality NN . SENT The DT provisions NNS of IN the DT preceding JJ paragraph NN shall MD apply VV for IN purposes NNS of IN interpretation NN to TO the DT statutes NNS related VVN to TO nationality NN by IN birth NN that WDT have VHP come VVN into IN force NN after IN the DT promulgation NN of IN Title NP I PP of IN this DT Code NP . SENT Art NN . SENT 17 CD 2 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Acquisition NP and CC loss NN of IN French JJ nationality NN are VBP governed VVN by IN the DT law NN that WDT is VBZ in IN force NN at IN the DT time NN of IN the DT act NN or CC fact NN to TO which WDT legislation NN attributes VVZ those DT effects NNS . SENT The DT provisions NNS of IN the DT preceding JJ paragraph NN shall MD govern VV for IN purposes NNS of IN interpretation NN the DT commencement NN of IN the DT Nationality NN Acts NNS that WDT were VBD in IN force NN before IN 19 CD October NP 1945 CD . SENT Art NN . SENT 17 CD 3 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD Applications NP in IN view NN to TO acquiring VVG , , losing VVG French JJ nationality NN or CC being VBG reinstated VVN in IN that DT nationality NN , , as RB well RB as IN declarations NNS of IN nationality NN , , may MD , , in IN the DT way NN provided VVD for IN by IN law NN , , be VB made VVN without IN authorization NN from IN the DT age NN of IN sixteen CD . SENT A DT minor JJ under IN sixteen CD must MD be VB represented VVN by IN the DT person NN or CC persons NNS who WP exercise VVP parental JJ authority NN over IN him PP . SENT Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 CD A NP minor JJ between IN sixteen CD and CC eighteen CD who WP is VBZ prevented VVN from IN expressing VVG his PP$ intention NN by IN an DT impairing VVG of IN his PP$ mental JJ or CC bodily JJ faculties NNS must MD be VB likewise RB represented VVN . SENT The DT impediment NN shall MD be VB established VVN by IN the DT judge NN of IN guardianships NNS of IN his PP$ own JJ motion NN , , on IN application NN of IN a DT member NN of IN the DT family NN of IN the DT minor JJ or CC of IN the DT Government NP procurator's NN office NN , , upon IN presentation NN of IN a DT certificate NN issued VVN by IN a DT specialist NN selected VVN on IN a DT list NN drawn VVN out RP by IN the DT Government NP procurator NN . SENT Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 CD Where WRB the DT minor JJ mentioned VVN in IN the DT preceding JJ paragraph NN is VBZ placed VVN under IN guardianship NN , , he PP is VBZ represented VVN by IN the DT guardian NN authorized VVD to TO this DT end NN by IN the DT family NN council NN . SENT Art NN . SENT 17 CD 4 CD Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD . SENT Falling VVG within IN the DT terms NNS of IN this DT Title NP , , the DT phrase NN in IN France NP means VVZ the DT metropolitan JJ territory NN , , overseas RB d SYM partements NNS and CC territories NNS as RB well RB as IN New NP Caledonia NP and CC the DT French NP Southern NP and CC Antartic NP Lands NP . SENT Art NN . SENT 17 CD 5 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD In IN this DT Title NP , , majority NN and CC minority NN shall MD be VB understood VVN according VVG to TO the DT meaning NN they PP have VHP in IN French JJ law NN . SENT Art NN . SENT 17 CD 6 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD In IN order NN to TO determine VV the DT French JJ territory NN at IN any DT time NN , , account NN shall MD be VB taken VVN of IN modifications NNS resulting VVG from IN enactments NNS of IN the DT French JJ Government NN under IN the DT Constitution NP and CC statutes NNS , , as RB well RB as RB under IN international JJ treaties NNS previously RB concluded VVD . SENT Art NN . SENT 17 CD 7 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD In IN the DT absence NN of IN conventional JJ stipulations NNS , , the DT effects NNS upon IN French JJ nationality NN of IN annexations NNS and CC cessions NNS of IN territories NNS are VBP governed VVN by IN the DT following VVG provisions NNS . SENT Art NN . SENT 17 CD 8 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Nationals NNS of IN the DT ceding VVG State NN domiciled VVN in IN the DT annexed VVN territories NNS on IN the DT day NN of IN the DT transfer NN of IN sovereignty NN acquire VV French JJ nationality NN , , unless IN they PP actually RB establish VV their PP$ domiciles NNS outside IN those DT territories NNS . SENT Under IN the DT same JJ reservation NN , , French JJ nationals NNS domiciled VVN in IN the DT ceded VVN territories NNS on IN the DT day NN of IN the DT transfer NN of IN sovereignty NN lose VVP that DT nationality NN . SENT Art NN . SENT 17 CD 9 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The NP effects NNS upon IN French JJ nationality NN of IN the DT accession NN to TO independence NN of IN former JJ overseas NN d SYM partements NNS or CC territories NNS of IN the DT Republic NP are VBP determined VVN in IN Chapter NP VII NP of IN this DT Title NN . SENT Art NN . SENT 17 CD 10 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The NP provisions NNS of IN Article NP 17 CD 8 CD shall MD apply VV for IN purposes NNS of IN interpretation NN to TO changes NNS of IN nationality NN following VVG upon IN annexations NNS and CC cessions NNS of IN territories NNS resulting VVG from IN treaties NNS concluded VVN before IN 19 CD October NP 1945 CD . SENT However RB , , aliens NNS who WP had VHD their PP$ domiciles NNS in IN territories NNS retroceded VVN by IN France NP under IN the DT Treaty NP of IN Paris NP of IN 30 CD May NP 1814 CD and CC who WP transferred VVD their PP$ domiciles NNS in IN France NP later RBR than IN this DT Treaty NP , , were VBD not RB allowed VVN to TO acquire VV French JJ nationality NN on IN this DT ground NN unless IN they PP complied VVD with IN the DT provisions NNS of IN the DT Act NP of IN 14 CD October NP 1814 CD . SENT French JJ persons NNS who WP were VBD born VVN outside IN the DT retroceded VVN territories NNS and CC have VHP kept VVN their PP$ domiciles NNS on IN those DT territories NNS have VHP not RB lost VVN French JJ nationality NN under IN the DT terms NNS of IN the DT aforementioned JJ Treaty NP . SENT Art NN . SENT 17 CD 11 CD Ord NP . SENT n NN 45 CD 2441 CD of IN 19 CD Oct NP . SENT 1945 CD Provided VVN that IN there EX is VBZ no DT infringement NN of IN the DT interpretation NN given VVN to TO former JJ agreements NNS , , a DT change NN of IN nationality NN may MD not RB , , in IN any DT case NN , , follow VVP from IN an DT international JJ convention NN , , unless IN the DT convention NN so RB provides VVZ expressly RB . SENT Art NN . SENT 17 CD 12 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Where WRB , , under IN the DT terms NNS of IN an DT international JJ convention NN , , a DT change NN of IN nationality NN is VBZ subject JJ to TO the DT performing NN of IN an DT act NN of IN option NN , , that DT act NN shall MD be VB determined VVN as RB to TO its PP$ form NN by IN the DT law NN of IN the DT contracting NN country NN in IN which WDT it PP is VBZ performed VVN . SENT CHAPTER NN II NP OF IN FRENCH JJ NATIONALITY NN BY IN BIRTH NN Section NN I NN Of IN French NP Persons NP by IN Parentage NN Art NN . SENT 18 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Is VBZ French JJ a DT child NN , , legitimate JJ or CC illegitimate JJ , , of IN whom WP at IN least JJS one CD parent NN is VBZ French JJ . SENT Art NN . SENT 18 CD 1 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD If IN however RB only RB one CD of IN the DT parents NNS is VBZ French JJ , , the DT child NN who WP was VBD not RB born VVN in IN France NP has VHZ the DT power NN to TO repudiate VV the DT status NN of IN French JJ within IN six CD months NNS preceding VVG and CC twelve NN months NNS following VVG his PP$ majority NN . SENT Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD That IN power NN is VBZ lost VVN if IN the DT alien JJ or CC stateless JJ parent NN acquires VVZ French JJ nationality NN during IN the DT minority NN of IN the DT child NN . SENT Section NP II NP Of IN French NP Persons NP by IN Birth NN in IN France NP Art NP . SENT 19 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Is VBZ French JJ a DT child NN born VVN in IN France NP of IN unknown JJ parents NNS . SENT He PP shall MD however RB be VB deemed VVN to TO have VH never RB been VBN French JJ if IN , , during IN his PP$ minority NN , , his PP$ parentage NN is VBZ established VVN as RB regards VVZ an DT alien JJ and CC if IN , , under IN the DT national JJ law NN of IN his PP$ parent NN , , he PP has VHZ the DT nationality NN of IN the DT latter NN . SENT Art NN . SENT 19 CD 1 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Is VBZ French JJ . SENT 1 LS A DT child NN born VVN in IN France NP of IN stateless JJ parents NNS . SENT 2 LS A DT child NN born VVN in IN France NP of IN alien JJ parents NNS and CC to TO whom WP the DT transmission NN of IN the DT nationality NN of IN either DT parent NN is VBZ not RB by IN any DT means NNS allowed VVN by IN foreign JJ Nationality NN Acts NNS . SENT Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD . SENT Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD He PP shall MD however RB be VB deemed VVN to TO have VH never RB been VBN French JJ if IN , , during IN his PP$ minority NN , , the DT foreign JJ nationality NN acquired VVN or CC possessed VVN by IN one CD of IN his PP$ parents NNS happens VVZ to TO pass VV to TO him PP . SENT Art NN . SENT 19 CD 2 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Shall NP be VB presumed VVN born VVN in IN France NP a DT child NN whose WP$ record NN of IN birth NN was VBD drawn VVN up RP in IN accordance NN with IN Article NP 58 CD of IN this DT Code NP . SENT Art NN . SENT 19 CD 3 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Is VBZ French JJ a DT child NN , , legitimate JJ or CC illegitimate JJ , , born VVN in IN France NP where WRB one CD at IN least JJS of IN his PP$ parents NNS was VBD himself PP born VVN there RB . SENT Art NN . SENT 19 CD 4 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Where WRB however RB only RB one CD parent NN was VBD born VVN in IN France NP , , a DT child NN who WP is VBZ French JJ under IN the DT terms NNS of IN Article NP 19 CD 3 CD has VHZ the DT power NN to TO repudiate VV this DT status NN within IN six CD months NNS preceding VVG and CC twelve NN months NNS following VVG his PP$ majority NN . SENT That DT power NN is VBZ lost VVN where WRB one CD of IN the DT parents NNS acquires VVZ French JJ nationality NN during IN the DT minority NN of IN the DT child NN . SENT Section NP III NP Common NP Provisions NNS Art NN . SENT 20 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD A NP child NN who WP is VBZ French JJ under IN this DT Chapter NN shall MD be VB deemed VVN to TO have VH been VBN French JJ as RB from IN his PP$ birth NN , , even RB where WRB the DT statutory JJ requirements NNS for IN the DT granting VVG of IN French JJ nationality NN were VBD fulfilled VVN only RB at IN a DT later JJR date NN . SENT Act NP n NN 76 CD 1179 CD of IN 22 CD Dec NP . SENT 1976 CD The DT nationality NN of IN a DT child NN who WP was VBD the DT subject NN of IN a DT plenary JJ adoption NN is VBZ determined VVN according VVG to TO the DT distinctions NNS set VVD out RP in IN Articles NNS 18 CD and CC 18 CD 1 CD , , 19 CD 1 CD , , 19 CD 3 CD and CC 19 CD 4 CD above RB . SENT Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The NP establishing VVG of IN the DT status NN of IN French JJ later RBR than IN birth NN may MD not RB however RB affect VV the DT validity NN of IN transactions NNS previously RB concluded VVD by IN the DT party NN concerned VVN nor CC the DT rights NNS previously RB acquired VVN by IN third JJ parties NNS on IN the DT ground NN of IN the DT apparent JJ nationality NN of IN the DT child NN . SENT Art NN . SENT 20 CD 1 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The DT parentage NN of IN a DT child NN has VHZ effect NN on IN his PP$ nationality NN only RB where WRB it PP is VBZ established VVN during IN his PP$ minority NN . SENT Art NN . SENT 20 CD 2 CD Act NP n NN 93 CD 993 CD of IN 22 CD July NP 1993 CD A DT French JJ person NN who WP has VHZ the DT power NN to TO repudiate VV French JJ nationality NN where WRB this DT Title NN so RB provides VVZ may MD exercise VV that DT power NN by IN way NN of IN a DT declaration NN uttered VVD in IN accordance NN with IN Articles NNS 26 CD and CC following VVG . SENT He PP may MD divest VV himself PP of IN that DT power NN from IN the DT age NN of IN sixteen CD in IN the DT same JJ way NN . SENT Art NN . SENT 20 CD 3 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD In IN the DT circumstances NNS referred VVD to TO in IN the DT preceding JJ Article NN , , nobody NN may MD repudiate VV French JJ nationality NN unless IN he PP proves VVZ that IN he PP has VHZ by IN birth NN the DT nationality NN of IN a DT foreign JJ country NN . SENT Art NN . SENT 20 CD 4 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD A DT French JJ person NN who WP enlists VVZ in IN French JJ forces NNS loses VVZ the DT power NN to TO repudiate VV . SENT Art NN . SENT 20 CD 5 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The NP provisions NNS of IN Articles NNS 19 CD 3 CD and CC 19 CD 4 CD shall MD not RB apply VV to TO children NNS born VVN in IN France NP of IN diplomatic JJ agents NNS or CC of IN regular JJ consuls NNS of IN foreign JJ nationalities NNS . SENT Act NP n NN 93 CD 993 CD of IN 22 CD July NP 1993 CD Those DT children NNS have VHP however RB the DT power NN to TO acquire VV voluntarily RB French JJ nationality NN as RB provided VVD for IN in IN Article NP 21 CD 11 CD below RB . SENT Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD CHAPTER NN III NP OF IN THE DT ACQUISITION NP OF IN FRENCH JJ NATIONALITY NN Section NN I NN Of IN the DT Modes NNS of IN Acquiring VVG French JJ Nationality NN 1 CD Of IN the DT Acquisition NP of IN French JJ Nationality NN by IN Reason NP of IN Parentage NN Art NN . SENT 21 CD Act NP n NN 73 CD 4 CD of IN , , 9 CD Jan NP . SENT 1973 CD As IN of IN right JJ , , ordinary JJ adoption NN has VHZ no DT effect NN on IN the DT nationality NN of IN an DT adopted VVN child NN . SENT 2 CD Of IN the DT Acquisition NP of IN French JJ Nationality NN by IN Reason NP of IN Marriage NN Art NN . SENT 21 CD 1 CD Act NP n NN 73 CD 4 CD of IN , , 9 CD Jan NP . SENT 1973 CD As IN of IN right NN , , marriage NN has VHZ no DT effect NN on IN nationality NN . SENT Art NN . SENT 21 CD 2 CD Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD An DT alien NN or CC stateless JJ person NN who WP marries VVZ and CC whose WP$ spouse NN is VBZ of IN French JJ nationality NN may MD , , after IN a DT period NN of IN two CD years NNS from IN the DT marriage NN , , acquire VV French JJ nationality NN by IN way NN of IN declaration NN provided VVN that IN , , at IN the DT time NN of IN the DT declaration NN , , the DT community NN of IN living VVG both DT affective NN and CC physical NN has VHZ not RB come VVN to TO an DT end NN and CC the DT French JJ spouse NN has VHZ kept VVN his PP$ or CC her PP$ nationality NN . SENT The DT foreign JJ spouse NN must MD also RB prove VV a DT sufficient JJ knowledge NN of IN the DT French JJ language NN , , according VVG to TO his PP$ or CC her PP$ condition NN . SENT The DT duration NN of IN the DT community NN of IN living NN shall MD be VB raised VVN to TO three CD years NNS where WRB the DT alien NN , , at IN the DT time NN of IN the DT declaration NN , , does VVZ not RB prove VV that IN he PP has VHZ resided VVN in IN France NP uninterruptedly RB for IN at IN least JJS one CD year NN from IN the DT marriage NN . SENT The DT declaration NN shall MD be VB made VVN as IN provided VVN for IN in IN Articles NNS 26 CD and CC following VVG . SENT Notwithstanding IN the DT provisions NNS of IN Article NP 26 CD 1 CD , , it PP shall MD be VB registered VVN by IN the DT Minister NP in IN charge NN of IN naturalisations NNS . SENT Art NN . SENT 21 CD 3 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Subject NN to TO the DT provisions NNS of IN Articles NNS 21 CD 4 CD and CC 26 CD 3 CD , , the DT party NN concerned JJ acquires VVZ French JJ nationality NN at IN the DT date NN when WRB the DT declaration NN is VBZ uttered VVD . SENT Art NN . SENT 21 CD 4 CD Act NP n NN 93 CD 993 CD of IN 22 CD July NP 1993 CD By IN a DT decree NN in IN Conseil NP d SYM tat NN , , the DT Government NP may MD , , on IN grounds NNS of IN indignity NN or CC lack NN of IN assimilation NN other JJ than IN linguistic JJ Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD , , oppose VVP the DT acquisition NN of IN French JJ nationality NN by IN the DT foreign JJ spouse NN within IN a DT period NN of IN one CD year NN after IN the DT date NN of IN the DT acknowledgement NN of IN receipt NN provided VVN for IN in IN Article NP 26 CD , , paragraph NN 2 CD , , or CC , , where WRB the DT registration NN was VBD refused VVN , , after IN the DT day NN when WRB the DT judgment NN which WDT admits VVZ the DT lawfulness NN of IN the DT declaration NN has VHZ entered VVN into IN force NN . SENT Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD If IN there EX is VBZ an DT opposition NN by IN the DT Government NP , , the DT party NN concerned VVN shall MD be VB deemed VVN to TO have VH never RB acquired VVN French JJ nationality NN . SENT However RB , , the DT validity NN of IN transactions NNS concluded VVN between IN the DT declaration NN and CC the DT decree NN that WDT challenges VVZ it PP may MD not RB be VB objected VVN to TO on IN the DT ground NN that IN the DT maker NN was VBD not RB allowed VVN to TO acquire VV French JJ nationality NN . SENT Art NN . SENT 21 CD 5 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Where WRB a DT marriage NN is VBZ declared VVN to TO be VB void JJ by IN a DT judgment NN of IN a DT French JJ court NN , , or CC of IN a DT foreign JJ court NN whose WP$ authority NN is VBZ acknowledged VVN in IN France NP , , the DT declaration NN laid VVD down RP in IN Article NP 21 CD 2 CD may MD not RB lapse NN with IN regard NN to TO the DT spouse NN who WP married VVD in IN good JJ faith NN . SENT Art NN . SENT 21 CD 6 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The DT annulment NN of IN a DT marriage NN may MD not RB have VH any DT effect NN on IN the DT nationality NN of IN the DT children NNS born VVN thereof RB . SENT 3 CD Of IN the DT Acquisition NP of IN French JJ Nationality NN by IN Reason NP of IN Birth NN and CC Residence NN in IN France NP Art NP . SENT 21 CD 7 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD Every DT child NN born VVN in IN France NP of IN foreign JJ parents NNS acquires VVZ French JJ nationality NN on IN his PP$ coming VVG of IN age NN where WRB , , at IN that DT time NN , , he PP has VHZ his PP$ residence NN in IN France NP and CC has VHZ had VHN his PP$ usual JJ residence NN in IN France NP for IN a DT continuous JJ or CC discontinuous JJ period NN of IN at IN least JJS five CD years NNS , , from IN the DT age NN of IN eleven NN . SENT The DT tribunaux NN d'instance NN , , local JJ authorities NNS , , public JJ bodies NNS and CC services NNS and CC especially RB educational JJ establishments NNS are VBP obliged VVN to TO inform VV the DT public NN , , and CC in IN particular JJ those DT persons NNS to TO whom WP paragraph NN 1 CD applies VVZ , , of IN the DT provisions NNS in IN force NN in IN matters NNS of IN nationality NN . SENT The DT requirements NNS as RB to TO that DT information NN shall MD be VB prescribed VVN by IN a DT decree NN in IN Conseil NP d SYM tat NN . SENT Art NN . SENT 21 CD 8 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD The DT party NN concerned JJ has VHZ the DT power NN to TO declare VV , , in IN the DT way NN laid VVD down RP in IN Article NP 26 CD and CC subject JJ to TO his PP$ proving VVG that IN he PP has VHZ the DT nationality NN of IN a DT foreign JJ State NN , , that WDT he PP disclaims VVZ the DT status NN of IN French JJ within IN six CD months NNS before IN or CC twelve NN months NNS after IN his PP$ majority NN . SENT In IN this DT event NN , , he PP shall MD be VB deemed VVN to TO have VH never RB been VBN French JJ . SENT Art NN . SENT 21 CD 9 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD Any DT person NN who WP fulfils VVZ the DT requirements NNS laid VVN down RP in IN Article NP 21 CD 7 CD in IN order NN to TO acquire VV French JJ nationality NN loses VVZ the DT power NN to TO disclaim VV it PP where WRB he PP enlists VVZ in IN French JJ forces NNS . SENT Any DT minor JJ born VVN in IN France NP of IN foreign JJ parents NNS who WP is VBZ regularly RB recruited VVN as IN a DT volunteer NN acquires VVZ French JJ nationality NN at IN the DT date NN of IN his PP$ recruitment NN . SENT Art NN . SENT 21 CD 10 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD The NP provisions NNS of IN Articles NNS 21 CD 7 CD to TO 21 CD 9 CD may MD not RB apply VV to TO children NNS born VVN in IN France NP of IN diplomatic JJ agents NNS and CC of IN regular JJ consuls NNS of IN foreign JJ nationality NN . SENT Those DT children NNS have VHP however RB the DT power NN to TO acquire VV voluntarily RB French JJ nationality NN as RB provided VVD for IN in IN Article NP 21 CD 11 CD below RB . SENT Art NN . SENT 21 CD 11 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD A DT minor JJ child NN born VVN in IN France NP of IN foreign JJ parents NNS may MD from IN the DT age NN of IN sixteen CD claim NN French JJ nationality NN by IN declaration NN , , in IN the DT way NN laid VVD down RP in IN Articles NNS 26 CD and CC following VVG where WRB , , at IN the DT time NN of IN his PP$ declaration NN , , he PP has VHZ in IN France NP his PP$ residence NN and CC has VHZ had VHN his PP$ usual JJ residence NN in IN France NP for IN a DT continuous JJ or CC discontinuous JJ period NN of IN at IN least JJS five CD years NNS , , from IN the DT age NN of IN eleven NN . SENT Under IN the DT same JJ terms NNS , , French JJ nationality NN may MD be VB claimed VVN , , on IN behalf NN of IN the DT minor JJ child NN born VVN in IN France NP of IN foreign JJ parents NNS , , from IN the DT age NN of IN thirteen CD and CC with IN his PP$ personal JJ consent NN , , in IN which WDT event NN the DT requirement NN of IN usual JJ residence NN in IN France NP should MD be VB fulfilled VVN from IN the DT age NN of IN eight CD . SENT 4 CD Of IN the DT Acquisition NP of IN French JJ Nationality NN by IN Declaration NP of IN Nationality NN Art NN . SENT 21 CD 12 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD A NP child NN who WP was VBD the DT subject NN of IN an DT ordinary JJ adoption NN by IN a DT person NN of IN French JJ nationality NN may MD , , up RB to TO his PP$ majority NN , , declare VV , , in IN the DT way NN provided VVD for IN in IN Articles NNS 26 CD and CC following VVG , , that IN he PP claims VVZ the DT status NN of IN French NP , , if IN he PP resides VVZ in IN France NP at IN the DT time NN of IN his PP$ declaration NN . SENT However RB , , the DT obligation NN of IN residing VVG is VBZ dispensed VVD with IN where WRB the DT child NN was VBD adopted VVN by IN a DT person NN of IN French JJ nationality NN who WP does VVZ not RB have VH his PP$ usual JJ residence NN in IN France NP Act NP n NN 98 CD 170 CD , , 16 CD March NP 1998 CD . SENT May NP , , in IN the DT same JJ way NN , , claim VVP French JJ nationality NN . SENT 1 LS A DT child NN , , who WP , , for IN at IN least JJS five CD years NNS , , has VHZ been VBN sheltered VVN and CC brought VVN up RP by IN a DT person NN of IN French JJ nationality NN or CC who WP , , for IN at IN least JJS three CD years NNS , , has VHZ been VBN entrusted VVN to TO the DT Children's NP aid NN service NN Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD . SENT . SENT 2 LS A DT child NN sheltered VVN in IN France NP and CC brought VVD up RP in IN conditions NNS that WDT allowed VVD him PP to TO receive VV , , during IN five CD years NNS at IN least JJS , , a DT French JJ education NN from IN either CC a DT public JJ body NN , , or CC a DT private JJ body NN offering VVG the DT features NNS determined VVN by IN a DT decree NN in IN Conseil NP d SYM tat NN Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD . SENT Art NN . SENT 21 CD 13 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD May MD claim VV French JJ nationality NN by IN declaration NN uttered VVD as RB provided VVN for IN in IN Articles NNS 26 CD and CC following VVG Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD , , persons NNS who WP have VHP enjoyed VVN in IN a DT constant JJ way NN the DT apparent JJ status NN of IN French JJ for IN the DT ten CD years NNS prior RB to TO the DT declaration NN . SENT Where WRB the DT validity NN of IN the DT transactions NNS concluded VVD before IN the DT declaration NN was VBD made VVN conditional JJ on IN the DT entitlement NN of IN French JJ nationality NN , , that DT validity NN may MD not RB be VB objected VVN to TO on IN the DT sole JJ ground NN that IN the DT declarant NN had VHD not RB that IN nationality NN . SENT Art NN . SENT 21 CD 14 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 NP Persons NP who WP have VHP lost VVN French JJ nationality NN under IN Article NP 23 CD 6 CD or CC against IN whom WP was VBD raised VVN the DT peremptory JJ exception NN laid VVN down RP by IN Article NP 30 CD 3 CD may MD claim VV French JJ nationality NN by IN declaration NN uttered VVD as RB provided VVN for IN in IN Articles NNS 26 CD and CC following VVG . SENT They PP must MD have VH kept VVN or CC acquired VVN patent NN cultural JJ , , professional JJ , , economic JJ or CC family NN bonds NNS with IN France NP , , or CC actually RB performed VVN military JJ services NNS in IN a DT unit NN of IN the DT French JJ army NN or CC fought VVD in IN French JJ or CC allied VVD armies NNS in IN time NN of IN war NN . SENT The DT surviving VVG spouses NNS of IN the DT persons NNS who WP actually RB performed VVD military JJ services NNS in IN a DT unit NN of IN the DT French JJ army NN or CC fought VVD in IN French JJ or CC allied VVD armies NNS in IN time NN of IN war NN may MD likewise RB benefit VV from IN the DT provisions NNS of IN this DT Article NP , , paragraph NN 1 CD . SENT 5 CD Of IN the DT Acquisition NP of IN French JJ Nationality NN by IN a DT Decision NN of IN the DT Government NP Art NP . SENT 21 CD 14 CD 1 CD Act NP n NN 99 CD 1141 CD of IN 29 CD Dec NP . SENT 1999 CD French JJ nationality NN may MD be VB conferred VVN by IN decree NN , , on IN a DT proposal NN from IN the DT Minister NP of IN Defence NN , , to TO an DT alien NN recruited VVN in IN French JJ armies NNS who WP was VBD wounded VVN on IN duty NN during IN or CC on IN the DT occasion NN of IN an DT operational JJ action NN and CC who WP makes VVZ a DT request NN herefor NN . SENT Where WRB the DT party NN concerned VVN is VBZ dead JJ , , the DT same JJ procedure NN is VBZ open JJ to TO his PP$ minor JJ children NNS who WP , , at IN the DT day NN of IN the DT death NN , , fulfilled VVD the DT requirement NN of IN residence NN laid VVN down RP in IN Article NP 22 CD 1 CD , , subject JJ to TO the DT conditions NNS laid VVN down RP in IN paragraph NN 1 CD . SENT Art NN . SENT 21 CD 15 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Except IN in IN the DT circumstances NNS referred VVD to TO in IN Article NP 21 CD 14 CD 1 CD Act NP n NN 99 CD 1141 CD of IN 29 CD Dec NP . SENT 1999 CD , , the DT acquisition NN of IN French JJ nationality NN by IN a DT decision NN of IN the DT Government NP results NNS from IN a DT naturalisation NN granted VVN by IN decree NN at IN the DT request NN of IN the DT alien NN . SENT Art NN . SENT 21 CD 16 CD Ord NP . SENT n NN 45 CD 2441 CD of IN 19 CD Oct NP . SENT 1945 CD Nobody NN may MD be VB naturalised VVN unless IN he PP has VHZ his PP$ residence NN in IN France NP at IN the DT time NN of IN the DT signature NN of IN the DT decree NN of IN naturalisation NN . SENT Art NN . SENT 21 CD 17 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD Subject NN to TO the DT exceptions NNS laid VVN down RP in IN Articles NNS 21 CD 18 CD , , 21 CD 19 CD and CC 21 CD 20 CD , , naturalisation NN may MD be VB granted VVN only RB to TO an DT alien NN who WP proves VVZ an DT usual JJ residence NN in IN France NP for IN five CD years NNS before IN the DT submission NN of IN the DT request NN . SENT Art NN . SENT 21 CD 18 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 RB The DT probationary JJ period NN referred VVD to TO in IN Article NP 21 CD 17 CD shall MD be VB reduced VVN to TO two CD years NNS . SENT 1 CD As IN regards VVZ the DT alien NN who WP has VHZ successfully RB completed VVN two CD years NNS of IN university NN education NN in IN view NN of IN getting VVG a DT diploma NN conferred VVD by IN a DT French JJ university NN or CC establishment NN of IN higher JJR education NN . SENT 2 CD As IN regards VVZ the DT alien NN who WP gave VVD or CC can MD give VV significant JJ services NNS to TO France NP owing VVG to TO his PP$ competences NNS and CC talents NNS . SENT Art NN . SENT 21 CD 19 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD May MD be VB naturalised VVN without IN the DT requirement NN of IN a DT probationary JJ period NN . SENT 1 LS A DT minor JJ child NN who WP remained VVD an DT alien NN although IN one CD of IN his PP$ parents NNS acquired VVD French JJ nationality NN . SENT 2 LS The DT spouse NN and CC child NN of IN age NN of IN a DT person NN who WP acquires VVZ or CC acquired VVD French JJ nationality NN Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD . SENT 3 LS repealed VVN 4 CD An DT alien NN who WP actually RB performed VVD military JJ services NNS in IN a DT unit NN of IN the DT French JJ army NN or CC who WP , , in IN time NN of IN war NN , , enlisted VVD voluntarily RB in IN French JJ or CC allied VVD armies NNS . SENT 5 LS A DT national JJ or CC former JJ national JJ of IN territories NNS and CC States NNS on IN which WDT France NP exercised VVD sovereignty NN , , or CC a DT protectorate NN , , a DT mandate NN or CC a DT trusteeship NN . SENT 6 CD An DT alien NN who WP gave VVD exceptional JJ services NNS to TO France NP or CC one CD whose WP$ naturalisation NN is VBZ of IN exceptional JJ interest NN for IN France NP . SENT In IN this DT event NN , , the DT decree NN of IN naturalisation NN may MD be VB granted VVN only RB after IN taking VVG Conseil NP d NN tat's NNS opinion NN and CC on IN the DT basis NN of IN a DT reasoned VVN report NN from IN the DT competent JJ Minister NP . SENT 7 CD Act NP 98 CD 170 CD of IN 16 CD March NP 1998 CD An DT alien NN who WP obtained VVD the DT status NN of IN refugee NN in IN accordance NN with IN the DT Act NP n NN 52 CD 893 CD of IN 25 CD July NP 1952 CD establishing VVG a DT French JJ Office NN for IN the DT protection NN of IN refugees NNS and CC stateless JJ persons NNS . SENT Art NN . SENT 21 CD 20 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD May MD be VB naturalised VVN without IN any DT requirement NN as RB to TO a DT probationary JJ period NN a DT person NN who WP belongs VVZ to TO the DT French JJ cultural JJ and CC linguistic JJ unit NN , , where WRB he PP is VBZ a DT national JJ of IN territories NNS or CC States NNS whose WP$ official JJ language NN or CC one NN of IN the DT official JJ languages NNS is VBZ French JJ , , either CC if IN French NP is VBZ his PP$ mother NN tongue NN or CC if IN he PP proves VVZ school NN attendance NN of IN at IN least JJS five CD years NNS at IN an DT institution NN teaching NN in IN French NP . SENT Art NN . SENT 21 CD 21 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD French JJ nationality NN may MD be VB conferred VVN by IN naturalisation NN on IN a DT proposal NN from IN the DT Minister NP of IN Foreign NP Affairs NPS to TO any DT French JJ speaking NN alien NN who WP makes VVZ the DT request NN thereof RB and CC who WP contributes VVZ by IN his PP$ eminent JJ deeds NNS to TO the DT influence NN of IN France NP and CC to TO the DT prosperity NN of IN its PP$ international JJ economic JJ relations NNS . SENT Art NN . SENT 21 CD 22 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD With IN the DT exception NN of IN a DT minor JJ who WP may MD avail VV himself PP of IN the DT privilege NN of IN Article NP 21 CD 19 CD , , paragraph NN 2 CD 1 CD , , nobody NN may MD be VB naturalised VVN unless IN he PP has VHZ reached VVN the DT age NN of IN eighteen CD . SENT Art NN . SENT 21 CD 23 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Nobody NN may MD be VB naturalised VVN where WRB he PP is VBZ not RB of IN good JJ character NN or CC has VHZ incurred VVN one CD of IN the DT sentences NNS referred VVD to TO in IN Article NP 21 CD 27 CD of IN this DT Code NP . SENT However RB , , sentences NNS delivered VVN abroad RB may MD be VB overlooked VVN . SENT in IN this DT event NN the DT decree NN that WDT pronounces VVZ naturalisation NN may MD be VB enacted VVN only RB after IN assent NN of IN the DT Conseil NP d SYM tat NN . SENT Art NN . SENT 21 CD 24 CD Ord NP . SENT n NN 45 CD 2441 CD of IN 19 CD Oct NP . SENT 1945 CD Nobody NN may MD be VB naturalised VVN unless IN he PP proves VVZ his PP$ assimilation NN into IN the DT French JJ community NN , , and CC specially RB owing VVG to TO a DT sufficient JJ knowledge NN of IN the DT French JJ language NN , , according VVG to TO his PP$ condition NN and CC of IN the DT rights NNS and CC duties NNS conferred VVD by IN French JJ nationality NN Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD . SENT Art NN . SENT 21 CD 24 CD 1 CD Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD The DT requirement NN of IN knowledge NN of IN the DT French JJ language NN shall MD not RB apply VV to TO political JJ refugees NNS and CC stateless JJ persons NNS who WP have VHP resided VVN in IN France NP regularly RB and CC usually RB for IN at IN least JJS fifteen CD years NNS and CC who WP are VBP over IN seventy CD . SENT Art NN . SENT 21 CD 25 CD Ord NP . SENT n NN 45 CD 2441 CD of IN 19 CD Oct NP . SENT 1945 CD The DT way NN of IN carrying VVG out RP the DT checking NN of IN assimilation NN and CC state NN of IN health NN of IN an DT alien NN awaiting VVG his PP$ naturalisation NN shall MD be VB prescribed VVN by IN decree NN in IN Conseil NP d SYM tat NN . SENT Art NN . SENT 21 CD 25 CD 1 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD The DT reply NN of IN the DT Government NN to TO a DT request NN for IN acquisition NN of IN French JJ nationality NN by IN naturalisation NN must MD be VB made VVN at IN the DT latest JJS within IN eighteen CD months NNS after IN the DT date NN when WRB the DT acknowledgement NN of IN receipt NN that WDT establishes VVZ the DT delivery NN of IN all PDT the DT documents NNS needed VVN for IN the DT completion NN of IN a DT comprehensive JJ file NN is VBZ issued VVN to TO the DT applicant NN . SENT That DT period NN may MD be VB extended VVN only RB once RB for IN three CD months NNS by IN a DT reasoned VVN decision NN . SENT 6 CD Provisions NNS Common JJ to TO some DT Modes NNS of IN Acquiring VVG French JJ Nationality NN Art NN . SENT 21 CD 26 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Is VBZ equivalent JJ to TO a DT residence NN in IN France NP where WRB that DT residence NN is VBZ a DT requirement NN for IN the DT acquiring VVG of IN French JJ nationality NN . SENT 1 LS The DT residing VVG abroad RB of IN an DT alien NN who WP exercises VVZ a DT private JJ or CC public JJ professional JJ activity NN on IN behalf NN of IN the DT French JJ state NN or CC of IN a DT body NN whose WP$ activity NN is VBZ of IN special JJ interest NN for IN French JJ economy NN or CC culture NN . SENT 2 LS A DT residing VVG in IN those DT countries NNS in IN customs NNS union NN with IN France NP which WDT are VBP named VVN by IN a DT decree NN . SENT 3 CD Act NP 98 CD 170 CD of IN 16 CD March NP 1998 CD A DT presence NN outside IN France NP , , in IN time NN of IN peace NN as IN in IN time NN of IN war NN , , in IN a DT regular JJ unit NN of IN the DT French JJ army NN or CC for IN the DT duties NNS laid VVN down RP in IN Book NP II NP of IN the DT Code NP of IN National NP Service NP . SENT 4 CD Act NP 98 CD 170 CD of IN 16 CD March NP 1998 CD A NP residing VVG outside IN France NP as IN a DT volunteer NN for IN national JJ service NN . SENT The DT equivalence NN as RB to TO residence NN which WDT benefits VVZ one CD spouse NN shall MD be VB extended VVN to TO the DT other JJ where WRB they PP actually RB live VVP together RB . SENT Art NN . SENT 21 CD 27 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD . SENT Act NP 98 CD 170 CD of IN 16 CD March NP 1998 CD Nobody NN may MD acquire VV French JJ nationality NN or CC be VB reinstated VVN in IN that DT nationality NN where WRB he PP has VHZ been VBN sentenced VVN either RB for IN ordinary JJ or CC serious JJ offences NNS that WDT constitute VVP a DT damage NN to TO the DT fundamental JJ interests NNS of IN the DT nation NN or CC an DT act NN of IN terrorism NN or CC , , whatever WDT the DT offence NN concerned VVN may MD be VB , , to TO a DT penalty NN of IN six CD months NNS imprisonment NN or CC more JJR without IN suspension NN . SENT Act NP n NN 93 CD 1417 CD of IN 30 CD Dec NP . SENT 1993 CD It PP shall MD be VB likewise RB for IN the DT person NN who WP has VHZ been VBN subject JJ either RB to TO an DT exclusion NN order NN not RB expressly RB revoked VVN or CC repealed VVN or CC to TO a DT banishment NN of IN the DT French JJ territory NN not RB fully RB enforced VVN . SENT Act VV 93 CD 1027 CD of IN 24 CD August NP 1993 CD It PP shall MD be VB likewise RB for IN the DT person NN whose WP$ residence NN in IN France NP is VBZ irregular JJ with IN respect NN to TO the DT statutes NNS and CC conventions NNS concerning VVG the DT residence NN of IN aliens NNS in IN France NP . SENT Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD The NP provisions NNS of IN this DT Article NP shall MD not RB apply VV to TO a DT minor JJ child NN who WP may MD acquire VV French JJ nationality NN under IN Articles NNS 21 CD 7 CD , , 21 CD 11 CD , , 21 CD 12 CD and CC 22 CD 1 CD , , nor CC to TO a DT condemned VVN person NN who WP has VHZ benefited VVN from IN a DT rehabilitation NN by IN operation NN of IN law NN or CC by IN a DT judicial JJ rehabilitation NN in IN accordance NN with IN Article NP 133 CD 12 CD of IN the DT Penal JJ Code NP , , or CC the DT entry NN of IN whose WP$ sentence NN has VHZ been VBN excluded VVN from IN the DT certificate NN n NN 2 CD of IN the DT police NN record NN , , in IN accordance NN with IN Articles NNS 775 CD 1 CD and CC 775 CD 2 CD of IN the DT Code NP of IN Criminal NP Procedure NN Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD . SENT Section NP II NP Of IN the DT Effects NNS of IN Acquiring VVG French JJ Nationality NN Art NN . SENT 22 CD Act NP n NN 83 CD 1046 CD of IN 8 CD Dec NP . SENT 1983 CD A NP person NN who WP has VHZ acquired VVN French JJ nationality NN enjoys VVZ all PDT the DT rights NNS and CC is VBZ bound VVN to TO all PDT the DT duties NNS attached VVN to TO the DT status NN of IN French NP , , from IN the DT day NN of IN that DT acquisition NN . SENT Art NN . SENT 22 CD 1 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD . SENT Act NP n NN 99 CD 1141 CD of IN 29 CD Dec NP . SENT 1999 CD A NP minor JJ child NN , , legitimate JJ , , illegitimate JJ or CC who WP has VHZ been VBN the DT subject NN of IN a DT plenary JJ adoption NN , , one CD of IN the DT parents NNS of IN whom WP acquires VVZ French JJ nationality NN , , becomes VVZ French JJ as RB of IN right NN where WRB he PP has VHZ the DT same JJ usual JJ residence NN as IN that DT parent NN , , or CC resides VVZ in IN turn NN with IN that DT parent NN in IN the DT event NN of IN separation NN or CC divorce NN . SENT The DT provisions NNS of IN this DT Article NP shall MD not RB apply VV to TO the DT child NN of IN a DT person NN who WP acquires VVZ French JJ nationality NN by IN a DT decision NN of IN the DT French JJ government NN or CC by IN declaration NN of IN nationality NN unless IN his PP$ name NN is VBZ mentioned VVN in IN the DT decree NN or CC the DT declaration NN . SENT Art NN . SENT 22 CD 2 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The NP provisions NNS of IN the DT preceding JJ Article NN shall MD not RB apply VV to TO a DT married JJ child NN . SENT Art NN . SENT 22 CD 3 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD However RB , , a DT child NN who WP is VBZ French JJ under IN Article NP 22 CD 1 CD and CC who WP was VBD not RB born VVN in IN France NP has VHZ the DT power NN to TO repudiate VV that DT status NN within IN six CD months NNS preceding VVG and CC twelve NN months NNS following VVG his PP$ coming VVG of IN age NN . SENT He PP must MD exercise VV that DT power NN by IN declaration NN uttered VVD as RB provided VVN for IN in IN Articles NNS 26 CD and CC following VVG . SENT He PP may MD divest VV himself PP of IN that DT power NN from IN the DT age NN of IN sixteen CD in IN the DT same JJ way NN . SENT CHAPTER NN IV NP OF IN LOSS NN AND CC FORFEITURE NN Of IN , , AND CC OF IN REINSTATEMENT NN IN IN FRENCH JJ NATIONALITY NN Section NN I NN Of IN Loss NN of IN French JJ Nationality NN Art NN . SENT 23 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD An DT adult NN of IN French JJ nationality NN residing VVG usually RB abroad RB , , who WP acquires VVZ voluntarily RB a DT foreign JJ nationality NN , , loses VVZ French JJ nationality NN only RB where WRB he PP so RB declares VVZ expressly RB , , in IN the DT way NN provided VVD for IN in IN Articles NNS 26 CD and CC following VVG of IN this DT Title NN . SENT Art NN . SENT 23 CD 1 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The DT declaration NN in IN view NN to TO losing VVG French JJ nationality NN may MD be VB subscribed VVN from IN the DT filing NN of IN the DT request NN for IN acquiring VVG the DT foreign JJ nationality NN and CC , , at IN the DT latest JJS , , within IN a DT period NN of IN one CD year NN after IN the DT date NN of IN that DT acquiring VVG . SENT Art NN . SENT 23 CD 2 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD French JJ persons NNS who WP are VBP under IN the DT age NN of IN thirty CD five CD years NNS may MD not RB subscribe VV the DT declaration NN provided VVD for IN in IN Articles NNS 23 CD and CC 23 CD 1 CD above IN unless IN they PP have VHP complied VVN with IN the DT duties NNS under IN Book NP II NP of IN the DT Code NP of IN National NP Service NP . SENT Art NN . SENT 23 CD 3 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD Loses VVZ French JJ nationality NN a DT French JJ person NN who WP exercises VVZ the DT power NN to TO repudiate VV that DT status NN in IN the DT circumstances NNS referred VVD to TO in IN Articles NNS 18 CD 1 CD , , 19 CD 4 CD and CC 22 CD 3 CD . SENT Art NN . SENT 23 CD 4 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Loses VVZ French JJ nationality NN a DT French JJ person NN , , even RB being VBG a DT minor JJ , , who WP , , having VHG a DT foreign JJ nationality NN , , is VBZ , , on IN his PP$ request NN , , authorized VVN by IN the DT French JJ Government NN to TO lose VV the DT status NN of IN French NP . SENT That DT authorization NN shall MD be VB granted VVN by IN decree NN . SENT Art NN . SENT 23 CD 5 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD In IN the DT event NN of IN a DT marriage NN with IN an DT alien NN , , the DT French JJ spouse NN may MD repudiate VV French JJ nationality NN in IN accordance NN with IN Articles NNS 26 CD and CC following VVG , , if IN he PP or CC she PP has VHZ acquired VVN the DT foreign JJ nationality NN of IN her PP or CC his PP$ spouse NN and CC the DT usual JJ residence NN of IN the DT couple NN is VBZ established VVN abroad RB . SENT Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD However RB , , French JJ persons NNS who WP are VBP under IN the DT age NN of IN thirty CD five CD may MD not RB exercise VV that DT power NN of IN repudiation NN unless IN they PP have VHP complied VVN with IN the DT duties NNS under IN Book NP II NP of IN the DT Code NP of IN National NP Service NP . SENT Art NN . SENT 23 CD 6 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The DT loss NN of IN French JJ nationality NN may MD be VB recorded VVN by IN judgment NN where WRB the DT party NN concerned JJ , , French JJ by IN parentage NN , , has VHZ not RB the DT apparent JJ status NN thereof RB and CC never RB had VHD his PP$ usual JJ residence NN in IN France NP , , if IN the DT ancestors NNS from IN whom WP he PP held VVD French JJ nationality NN have VHP not RB had VHN themselves PP the DT apparent JJ status NN of IN French JJ or CC residence NN in IN France NP for IN half PDT a DT century NN . SENT The DT judgment NN shall MD determine VV the DT date NN when WRB French JJ nationality NN was VBD lost VVN . SENT It PP may MD decide VV that IN that DT nationality NN was VBD lost VVN by IN the DT predecessors NNS of IN the DT party NN concerned VVN and CC that IN the DT latter NN never RB was VBD French JJ . SENT Art NN . SENT 23 CD 7 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD A NP French JJ person NN who WP actually RB behaves VVZ as IN a DT national JJ of IN a DT foreign JJ country NN may MD , , where WRB he PP has VHZ the DT nationality NN of IN that DT country NN , , be VB declared VVN to TO have VH lost VVN French JJ nationality NN by IN decree NN with IN assent NN of IN the DT Conseil NP d'Etat NP . SENT Art NN . SENT 23 CD 8 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Loses VVZ French JJ nationality NN a DT French JJ person NN who WP , , filling VVG an DT employment NN in IN a DT foreign JJ army NN or CC public JJ service NN or CC in IN an DT international JJ organization NN of IN which WDT France NP is VBZ not RB a DT member NN , , or CC more RBR generally RB providing VVG his PP$ assistance NN to TO it PP , , did VVD not RB relinquish VV his PP$ employment NN or CC stop VV his PP$ assistance NN notwithstanding IN the DT order NN of IN the DT Government NN . SENT The DT party NN concerned VVN shall MD be VB declared VVN , , by IN decree NN in IN Conseil NP d SYM tat NN , , to TO have VH lost VVN French JJ nationality NN unless IN , , within IN the DT period NN prescribed VVN by IN the DT order NN and CC which WDT may MD not RB be VB shorter JJR than IN fifteen CD days NNS or CC longer JJR than IN two CD months NNS , , he PP stops VVZ his PP$ occupation NN . SENT Where WRB the DT opinion NN of IN the DT Conseil NP d SYM tat NN is VBZ adverse JJ , , the DT measure NN provided VVD for IN in IN the DT preceding JJ paragraph NN may MD be VB adopted VVN only RB by IN a DT decree NN in IN Council NP of IN Ministers NPS . SENT Art NN . SENT 23 CD 9 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Loss NN of IN French JJ nationality NN takes VVZ effect NN . SENT 1 CD Where WRB Article NP 23 NP so RB provides VVZ from IN the DT date NN of IN acquisition NN of IN the DT foreign JJ nationality NN . SENT 2 CD Where WRB Articles NNS 23 CD 3 CD and CC 23 CD 5 CD so RB provide VVP from IN the DT date NN of IN the DT declaration NN . SENT 3 CD Where WRB Articles NNS 23 CD 4 CD , , 23 CD 7 CD and CC 23 CD 8 CD so RB provide VVP from IN the DT date NN of IN the DT decree NN . SENT 4 CD Where WRB Article NP 23 CD 6 CD so RB provides VVZ from IN the DT day NN named VVN in IN the DT judgment NN . SENT Section NP II NP Of IN Reinstatement NN in IN French JJ Nationality NN Art NN . SENT 24 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Reinstatement NN in IN French JJ nationality NN of IN persons NNS who WP prove VVP to TO have VH had VHN the DT status NN of IN French NP shall MD result VV from IN a DT decree NN or CC a DT declaration NN in IN accordance NN with IN the DT distinctions NNS provided VVN for IN in IN the DT Articles NNS below RB . SENT Art NN . SENT 24 CD 1 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Reinstatement NN by IN decree NN may MD be VB obtained VVN at IN any DT age NN and CC without IN any DT requirement NN as RB to TO a DT probationary JJ period NN . SENT As RB to TO other JJ issues NNS , , it PP shall MD be VB subject JJ to TO the DT requirements NNS and CC rules NNS of IN naturalisation NN . SENT Art NN . SENT 24 CD 2 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 NP Persons NP who WP have VHP lost VVN French JJ nationality NN Act NP . SENT n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD by IN reason NN of IN a DT marriage NN with IN an DT alien NN or CC acquisition NN of IN a DT foreign JJ nationality NN by IN an DT individual JJ decision NN may MD , , subject JJ to TO the DT provisions NNS of IN Article NP 21 CD 27 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD , , be VB reinstated VVN by IN a DT declaration NN subscribed VVN in IN France NP or CC abroad RB as RB provided VVN for IN in IN Articles NNS 26 CD and CC following VVG . SENT They PP must MD have VH kept VVN or CC acquired VVN patent NN bonds NNS with IN France NP , , especially RB of IN cultural JJ , , professional JJ , , economic JJ or CC family NN nature NN . SENT Art NN . SENT 24 CD 3 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD Reinstatement NN by IN decree NN or CC declaration NN is VBZ effective JJ with IN regard NN to TO children NNS under IN eighteen CD , , subject JJ to TO the DT conditions NNS under IN Articles NNS 22 CD 1 CD and CC 22 CD 2 CD of IN this DT Title NN . SENT Section NP III NP Of IN Forfeiture NN of IN French JJ Nationality NN Art NN . SENT 25 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD An DT individual NN who WP acquired VVD the DT status NN of IN French NP may MD be VB declared VVN by IN decree NN adopted VVN after IN assent NN of IN the DT Conseil NP d SYM tat NN to TO have VH forfeited VVN French JJ nationality NN , , save VV where WRB forfeiture NN has VHZ the DT effect NN of IN making VVG him PP stateless JJ Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD . SENT 1 CD Where WRB he PP is VBZ sentenced VVN for IN an DT act NN characterized VVN as IN ordinary JJ or CC serious JJ offence NN which WDT constitutes VVZ an DT injury NN to TO the DT fundamental JJ interests NNS of IN the DT Nation NP Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD or CC for IN an DT ordinary JJ or CC serious JJ offence NN which WDT constitutes VVZ an DT act NN of IN terrorism NN Act NP n NN 96 CD 647 CD of IN 22 CD July NP 1996 CD . SENT 2 CD Where WRB he PP is VBZ sentenced VVN for IN an DT act NN characterized VVN as IN ordinary JJ or CC serious JJ offence NN provided VVN for IN and CC punished VVN by IN Chapter NP II NP of IN Title NP III NP of IN Book NP IV NP of IN the DT Penal JJ Code NP Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD . SENT 3 CD Where WRB he PP is VBZ sentenced VVN for IN evading VVG the DT duties NNS under IN the DT Code NP of IN National NP Service NP . SENT 4 CD Where WRB he PP committed VVD acts NNS incompatible JJ with IN the DT status NN of IN French JJ and CC detrimental JJ to TO the DT interests NNS of IN France NP for IN the DT benefit NN of IN a DT foreign JJ State NN . SENT 5 LS repealed VVN . SENT Art NN . SENT 25 CD 1 CD Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD Forfeiture NN shall MD be VB incurred VVN only RB where WRB the DT facts NNS of IN which WDT the DT person NN concerned VVN is VBZ accused VVN and CC which WDT are VBP referred VVN to TO in IN Article NP 25 CD occurred VVD before IN the DT acquiring VVG of IN French JJ nationality NN or CC within IN ten CD years NNS from IN the DT date NN of IN that DT acquiring VVG . SENT Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD It PP may MD be VB pronounced VVN only RB within IN ten CD years NNS after IN the DT perpetration NN of IN those DT facts NNS . SENT CHAPTER NN V NN OF IN ACTS NNS RELATED VVN TO TO ACQUISITION NP OR CC LOSS NN OF IN FRENCH JJ NATIONALITY NN Section NN I NN Of IN Declarations NNS of IN Nationality NN Art NN . SENT 26 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD . SENT Act NP 98 CD 170 CD of IN 16 CD March NP 1998 CD Declarations NNS of IN nationality NN shall MD be VB received VVN by IN the DT juge NP d'instance NN or CC by IN consuls NNS in IN the DT form NN prescribed VVN by IN decree NN in IN Conseil NP d SYM tat NN . SENT An DT acknowledgment NN of IN receipt NN must MD be VB issued VVN after IN the DT filing NN of IN the DT documents NNS necessary JJ for IN proving VVG their PP$ admissibility NN . SENT Art NN . SENT 26 CD 1 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD A DT declaration NN of IN nationality NN must MD , , on IN pain NN of IN nullity NN , , be VB registered VVN either RB by IN the DT juge NP d'instance NP as RB regards VVZ declarations NNS subscribed VVN in IN France NP , , or CC by IN the DT Minister NP of IN Justice NP as RB regards VVZ declarations NNS subscribed VVN abroad RB . SENT Art NN . SENT 26 CD 2 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD The NP seats NNS and CC territorial JJ jurisdiction NN of IN the DT tribunaux NN d'instance NN which WDT are VBP empowered VVN to TO receive VV and CC register VV declarations NNS of IN French JJ nationality NN shall MD be VB established VVN by IN decree NN . SENT Art NN . SENT 26 CD 3 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1933 CD . SENT Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD The NP Minister NP or CC the DT judge NN shall MD refuse VV to TO register VV declarations NNS which WDT do VVP not RB comply VV with IN the DT statutory JJ requirements NNS . SENT His PP$ reasoned VVN decision NN shall MD be VB notified VVN to TO the DT declarant NN , , who WP may MD challenge VV it PP before IN the DT tribunal NN de FW grande JJ instance NN within IN six CD months NNS . SENT The DT claim NN may MD be VB brought VVN personally RB by IN a DT minor JJ from IN the DT age NN of IN sixteen CD . SENT The DT decision NN of IN refusal NN to TO register VV must MD be VB taken VVN within IN six CD months NNS at IN the DT latest JJS after IN the DT date NN when WRB the DT acknowledgment NN of IN receipt NN which WDT establishes VVZ the DT filing NN of IN all PDT the DT documents NNS necessary JJ for IN proving VVG the DT admissibility NN of IN the DT declaration NN is VBZ issued VVN to TO the DT declarant NN . SENT The DT period NN shall MD be VB extended VVN to TO one CD year NN as RB regards VVZ declarations NNS subscribed VVN under IN Article NP 21 CD 2 CD . SENT Art NN . SENT 26 CD 4 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD . SENT Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD Within IN one CD year NN following VVG the DT date NN when WRB it PP was VBD made VVN , , registration NN may MD be VB challenged VVN by IN the DT Government NP procurator's NN office NN , , where WRB the DT statutory JJ requirements NNS are VBP not RB met VVN . SENT In IN the DT absence NN of IN a DT refusal NN to TO register VV within IN the DT statutory JJ period NN , , a DT copy NN of IN the DT declaration NN shall MD be VB given VVN to TO the DT declarant NN bearing VVG the DT mention NN of IN the DT registration NN . SENT The DT registration NN may MD still RB be VB opposed VVN by IN the DT Government NP procurator's NN office NN in IN the DT event NN of IN lie NN or CC fraud NN within IN two CD years NNS after IN their PP$ being VBG detected VVN . SENT The DT stopping NN of IN the DT community NN of IN living VVG between IN spouses NNS within IN twelve NN months NNS after IN registration NN of IN the DT declaration NN under IN Article NP 21 CD 2 CD shall MD constitute VV a DT presumption NN of IN fraud NN . SENT Art NN . SENT 26 CD 5 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD Subject NN to TO the DT provisions NNS of IN Article NP 23 CD 9 CD , , paragraph NN 2 CD 1 CD , , declarations NNS of IN nationality NN , , from IN the DT moment NN that IN they PP have VHP been VBN registered VVN , , take VV effect NN as IN from IN the DT date NN when WRB they PP are VBP subscribed VVN . SENT Section NP II NP Of IN Administrative NP Decisions NNS Art NN . SENT 27 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD A DT decision NN declaring VVG inadmissible JJ , , or CC adjourning VVG or CC refusing VVG a DT request NN for IN naturalisation NN or CC reinstatement NN by IN decree NN , , as RB well RB as IN an DT authorization NN to TO lose VV French JJ nationality NN must MD set VV out RP its PP$ reasons NNS . SENT Art NN . SENT 27 CD 1 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD A NP decree NN deciding VVG naturalisation NN or CC reinstatement NN , , authorization NN to TO lose VV French JJ nationality NN , , loss NN or CC forfeiture NN of IN that DT nationality NN shall MD be VB adopted VVN and CC published VVN in IN forms NNS prescribed VVN by IN decree NN . SENT It PP may MD not RB have VH any DT retrospective JJ operation NN . SENT Art NN . SENT 27 CD 2 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD A NP decree NN deciding VVG naturalisation NN or CC reinstatement NN may MD be VB withdrawn VVN with IN assent NN of IN the DT Conseil NP d SYM tat NN within IN one CD year NN after IN its PP$ publication NN in IN the DT Journal NP Officiel NP where WRB the DT person NN making VVG the DT request NN does VVZ not RB comply VV with IN the DT statutory JJ requirements NNS . SENT where WRB the DT decision NN was VBD obtained VVN by IN lie NN or CC fraud NN , , the DT decree NN may MD be VB withdrawn VVN within IN two CD years NNS the DT detection NN of IN fraud NN . SENT Art NN . SENT 27 CD 3 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD A NP decree NN deciding VVG loss NN on IN one CD of IN the DT grounds NNS provided VVN for IN in IN Articles NNS 23 CD 7 CD and CC 23 CD 8 CD or CC forfeiture NN of IN French JJ nationality NN shall MD be VB adopted VVN after IN the DT person NN concerned JJ has VHZ been VBN heard VVN or CC summoned VVN to TO bring VV forward RB his PP$ comments NNS . SENT Section NP III NP Of IN Mentions VVZ on IN the DT Registers NNS of IN Civil JJ Registry NN Art NN . SENT 28 CD Act NP n NN 78 CD 731 CD of IN 12 CD July NP 1978 CD A DT mention NN of IN administrative JJ acts NNS and CC declarations NNS causing VVG acquisition NN or CC loss NN of IN French JJ nationality NN or CC reinstatement NN therein RB shall MD be VB made VVN in IN the DT margin NN of IN the DT record NN of IN birth NN . SENT Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD A DT mention NN of IN a DT first JJ issue NN of IN a DT certificate NN of IN French JJ nationality NN and CC of IN adjudicatory JJ decisions NNS of IN a DT court NN relating VVG to TO that DT nationality NN shall MD likewise RB be VB made VVN . SENT Art NN . SENT 28 CD 1 CD Act NP n NN 98 CD 170 CD of IN 16 CD March NP 1998 CD Mentions VVZ relating VVG to TO nationality NN provided VVD for IN in IN the DT preceding JJ Article NN shall MD be VB made VVN on IN copies NNS of IN records NNS of IN birth NN or CC instruments NNS drawn VVN up RP as IN substitutes NNS for IN them PP . SENT Those DT mentions VVZ shall MD also RB be VB made VVN on IN certificates NNS of IN birth NN or CC on IN a DT livret NN de FW famille NN at IN the DT request NN of IN the DT parties NNS concerned VVN . SENT However RB , , the DT mentions VVZ of IN loss NN , , disclaimer NN , , forfeiture NN of IN , , opposition NN to TO the DT acquisition NN of IN French JJ nationality NN , , withdrawal NN of IN the DT decree NN of IN naturalisation NN or CC reinstatement NN , , or CC of IN the DT judicial JJ decision NN which WDT has VHZ established VVN the DT alien JJ status NN , , shall MD be VB made VVN as RB of IN right NN on IN certificates NNS of IN birth NN and CC on IN a DT livret JJ de NP famille NN where WRB a DT person NN who WP previously RB acquired VVD or CC was VBD judicially RB adjudged VVN that IN nationality NN , , or CC obtained VVD a DT certificate NN of IN French JJ nationality NN , , has VHZ requested VVN their PP$ being VBG mentioned VVN on IN those DT documents NNS . SENT CHAPTER NN VI NP OF IN DISPUTES NNS IN IN MATTERS NNS OF IN NATIONALITY NN Section NN I NN Of IN the DT Jurisdiction NN of IN Judicial NP Courts NPS and CC the DT Proceedings NNS therein RB Art NP . SENT 29 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The NP civil JJ courts NNS of IN general JJ jurisdiction NN shall MD exercise VV exclusive JJ jurisdiction NN over IN disputes NNS relating VVG to TO French JJ or CC foreign JJ nationality NN of IN natural JJ persons NNS . SENT Issues NNS of IN nationality NN shall MD be VB preliminary JJ before IN any DT other JJ administrative JJ or CC judicial JJ court NN except IN criminal JJ courts NNS with IN a DT criminal JJ jury NN . SENT Art NN . SENT 29 CD 1 CD Act NP 93 CD 933 CD of IN 22 CD July NP 1993 CD The NP seats NNS and CC territorial JJ jurisdiction NN of IN the DT tribunaux NP de NP grande NP instance NN which WDT are VBP empowered VVN to TO try VV controversies NNS relating VVG to TO French JJ or CC foreign JJ nationality NN of IN natural JJ persons NNS are VBP established VVN by IN decree NN . SENT Art NN . SENT 29 CD 2 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The DT procedure NN to TO be VB followed VVN in IN matters NNS of IN nationality NN and CC in IN particular JJ the DT communication NN to TO the DT Government NP procurator's NN office NN of IN summons NN , , pleadings NNS and CC methods NNS of IN review NN , , is VBZ established VVN by IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 29 CD 3 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Everyone NN is VBZ entitled VVN to TO bring VV an DT action NN for IN the DT determination NN of IN his PP$ having VHG or CC not RB the DT status NN of IN French NP . SENT The DT Government NP procurator's NN office NN is VBZ likewise RB entitled VVN with IN respect NN to TO any DT person NN . SENT It PP shall MD be VB a DT necessary JJ defendant NN in IN all DT declaratory JJ actions NNS on IN nationality NN . SENT It PP must MD be VB joined VVN to TO the DT action NN whenever WRB an DT issue NN of IN nationality NN is VBZ raised VVN as IN an DT interlocutory JJ matter NN before IN a DT court NN empowered VVN to TO try VV it PP . SENT Art NN . SENT 29 CD 4 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The NP Government NP procurator NN s NN office NN shall MD have VH to TO sue VV where WRB it PP is VBZ requested VVN by IN a DT public JJ service NN or CC a DT third JJ party NN who WP raised VVD the DT plea NN of IN national JJ status NN before IN a DT court NN which WDT stayed VVD judgment NN under IN Article NP 29 CD . SENT The DT third JJ party NN plaintiff NN shall MD be VB joined VVN to TO the DT action NN . SENT Art NN . SENT 29 CD 5 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Judgments NNS handed VVN down RP in IN matters NNS of IN French JJ nationality NN by IN a DT court NN of IN general JJ jurisdiction NN have VHP effect NN even RB against IN persons NNS who WP were VBD not RB parties NNS nor CC represented VVN . SENT However RB , , a DT party NN concerned VVN is VBZ competent JJ to TO attack VV them PP by IN means NNS of IN a DT third JJ party NN application NN for IN rehearing NN provided VVN that IN he PP joins VVZ the DT Government NN procurator NN s PP office NN to TO the DT action NN . SENT Section NP II NP Of IN the DT Proof NN of IN Nationality NN before IN Judicial NP Courts NPS Art NP . SENT 30 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD The DT burden NN of IN proof NN in IN matters NNS of IN French JJ nationality NN lies VVZ on IN the DT person NN whose WP$ nationality NN is VBZ in IN dispute NN . SENT However RB , , this DT burden NN lies VVZ on IN him PP who WP challenges VVZ the DT status NN of IN French JJ of IN a DT person NN who WP holds VVZ a DT certificate NN of IN French JJ nationality NN issued VVN as IN provided VVN for IN in IN Articles NNS 31 CD and CC following VVG . SENT Art NN . SENT 30 CD 1 CD Ord NP . SENT n NN 45 CD 2441 CD of IN 19 CD Oct NP . SENT 1945 CD Where WRB French JJ nationality NN is VBZ granted VVN or CC acquired VVN in IN another DT way NN than IN declaration NN , , naturalisation NN , , reinstatement NN or CC annexation NN of IN territories NNS , , proof NN of IN it PP may MD be VB made VVN only RB by IN establishing VVG the DT existence NN of IN all PDT the DT statutory JJ requirements NNS . SENT Art NN . SENT 30 CD 2 CD Act NP n NN 61 CD 1408 CD of IN 22 CD Dec NP . SENT 1961 CD However RB , , where WRB French JJ nationality NN may MD flow VV only RB from IN parentage NN , , it PP shall MD be VB deemed VVN established VVN , , saving VVG proof NN to TO the DT contrary NN , , if IN the DT person NN concerned VVN and CC the DT parent NN who WP was VBD likely JJ to TO transmit VV it PP to TO him PP have VHP in IN a DT constant JJ way NN enjoyed VVD the DT apparent JJ status NN of IN French NP . SENT Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD French JJ nationality NN of IN persons NNS born VVN in IN Mayotte NP , , of IN age NN on IN 1 CD January NP 1994 CD , , shall MD be VB alternatively RB deemed VVN established VVN if IN those DT persons NNS have VHP in IN a DT constant JJ way NN enjoyed VVD the DT apparent JJ status NN of IN French NP . SENT Art NN . SENT 30 CD 3 CD Act NP n NN 61 CD 1408 CD of IN 22 CD Dec NP . SENT 1961 CD Where WRB a DT person NN usually RB resides VVZ or CC resided VVN in IN a DT foreign JJ country NN , , in IN which WDT the DT ancestors NNS from IN whom WP he PP holds VVZ nationality NN by IN parentage NN have VHP settled VVN for IN more JJR than IN half PDT a DT century NN , , that DT person NN shall MD not RB be VB allowed VVN to TO prove VV that IN he PP has VHZ French JJ nationality NN by IN parentage NN if IN himself PP or CC the DT parent NN who WP was VBD likely JJ to TO transmit VV it PP to TO him PP have VHP not RB enjoyed VVN the DT apparent JJ status NN of IN French NP . SENT In IN that DT event NN , , the DT court NN shall MD have VH to TO record VV the DT loss NN of IN French JJ nationality NN under IN Article NP 23 CD 6 CD . SENT Art NN . SENT 30 CD 4 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Apart RB from IN loss NN or CC forfeiture NN of IN French JJ nationality NN , , proof NN of IN the DT alien JJ status NN of IN a DT person NN may MD only RB be VB established VVN by IN evidencing VVG that IN the DT party NN concerned JJ does VVZ not RB fulfil VV any DT of IN the DT statutory JJ requirements NNS for IN having VHG the DT status NN of IN French NP . SENT Section NP III NP Of IN Certificates NPS of IN French JJ Nationality NN Art NN . SENT 31 CD Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 RB The DT chief JJ clerk NN of IN a DT tribunal NN d'instance NN shall MD alone RB have VH the DT capacity NN to TO issue VV a DT certificate NN of IN French JJ nationality NN to TO a DT person NN who WP establishes VVZ that IN he PP has VHZ that DT nationality NN . SENT Art NN . SENT 31 CD 1 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD The NP seats NNS and CC territorial JJ jurisdiction NN of IN the DT tribunaux NN d'instance NN which WDT are VBP empowered VVN to TO issue VV certificates NNS of IN nationality NN shall MD be VB established VVN by IN decree NN . SENT Art NN . SENT 31 CD 2 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD A DT certificate NN of IN nationality NN shall MD point VV out RP with IN reference NN to TO Chapters NNS II NP , , III NP , , IV NP and CC VII NP of IN this DT Title NN the DT statutory JJ provision NN under IN which WDT the DT party NN concerned JJ has VHZ the DT status NN of IN French JJ as RB well RB as IN the DT documents NNS which WDT allowed VVD its PP$ being VBG drawn VVN up RP . SENT It PP shall MD prevail VV until IN evidence NN contrary JJ to TO it PP . SENT Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 CD For IN the DT issuing VVG of IN a DT certificate NN of IN nationality NN , , the DT chief JJ clerk NN of IN a DT tribunal NN d'instance NN may MD , , failing VVG other JJ elements NNS , , presume VV that IN the DT records NNS of IN civil JJ status NN drawn VVN up RP abroad RB and CC presented VVD to TO him PP produce VVP the DT effects NNS that IN French JJ law NN would MD have VH attributed VVN to TO them PP . SENT Art NN . SENT 31 CD 3 CD Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 CD Where WRB the DT chief JJ clerk NN of IN a DT tribunal NN d'instance NN refuses VVZ to TO issue VV a DT certificate NN of IN nationality NN , , the DT party NN concerned VVN may MD refer VV the DT matter NN to TO the DT Minister NP of IN Justice NP who WP shall MD decide VV whether IN there EX is VBZ a DT case NN for IN the DT performance NN of IN that DT issuing VVG . SENT CHAPTER NN VII NP OF IN THE DT EFFECTS NNS ON IN FRENCH JJ NATIONALITY NN OF IN TRANSFERS NNS OF IN SOVEREIGNTY NN RELATING VVG TO TO CERTAIN JJ TERRITORIES NNS Art NN . SENT 32 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD French JJ persons NNS natives NNS of IN the DT territory NN of IN the DT French NP Republic NP , , as IN it PP was VBD constituted VVD on IN the DT 28 CD July NP 1960 CD , , and CC who WP were VBD domiciled VVN on IN the DT day NN of IN its PP$ accession NN to TO independence NN on IN the DT territory NN of IN a DT State NN that WDT had VHD previously RB the DT status NN of IN an DT overseas JJ territory NN of IN the DT French NP Republic NP , , have VHP kept VVN French JJ nationality NN . SENT It PP shall MD be VB the DT same JJ as RB to TO the DT spouses NNS , , widows NNS and CC widowers NNS and CC descendants NNS of IN the DT said VVN persons NNS . SENT Art NN . SENT 32 CD 1 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD French JJ persons NNS of IN civil JJ status NN of IN general JJ law NN who WP were VBD domiciled VVN in IN Algeria NP on IN the DT date NN of IN the DT official JJ announcement NN of IN the DT results NNS of IN the DT poll NN for IN self NN determination NN keep VV French JJ nationality NN whatever WDT their PP$ situation NN with IN respect NN to TO Algerian JJ nationality NN may MD be VB . SENT Art NN . SENT 32 CD 2 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 RB The DT French JJ nationality NN of IN persons NNS of IN civil JJ status NN of IN general JJ law NN who WP were VBD born VVN in IN Algeria NP before IN the DT 22 CD July NP 1962 CD shall MD be VB deemed VVN established VVN , , on IN the DT terms NNS of IN Article NP 30 CD 2 CD , , where WRB those DT persons NNS have VHP enjoyed VVN in IN a DT constant JJ way NN the DT apparent JJ status NN of IN French NP . SENT Art NN . SENT 32 CD 3 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 RB Every DT French JJ person NN who WP , , at IN the DT date NN of IN its PP$ independence NN , , was VBD domiciled VVN on IN the DT territory NN of IN a DT State NN that WDT had VHD previously RB the DT status NN of IN overseas RB d SYM partement NN or CC territory NN of IN the DT Republic NP keeps VVZ his PP$ nationality NN as IN of IN right NN where WRB no DT other JJ nationality NN was VBD granted VVN to TO him PP by IN the DT law NN of IN that DT State NN . SENT Likewise RB , , the DT children NNS of IN persons NNS who WP benefit VVP from IN the DT provisions NNS of IN the DT preceding JJ paragraph NN , , minors NNS under IN eighteen CD at IN the DT date NN of IN the DT accession NN to TO independence NN of IN the DT territory NN where WRB their PP$ parents NNS were VBD domiciled VVN , , keep VV French JJ nationality NN as IN of IN right NN . SENT Art NN . SENT 32 CD 4 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD Former JJ members NNS of IN the DT Parliament NP of IN the DT Republic NP , , of IN the DT Assembly NN of IN the DT French NP Union NP and CC of IN the DT Economic NP Council NP who WP have VHP lost VVN French JJ nationality NN and CC acquired VVD a DT foreign JJ nationality NN under IN a DT general JJ provision NN may MD be VB reinstated VVN in IN French JJ nationality NN by IN a DT mere JJ declaration NN where WRB they PP have VHP established VVN their PP$ domiciles NNS in IN France NP . SENT The DT same JJ power NN is VBZ granted VVN to TO their PP$ spouse NN , , widower NN or CC widow NN and CC their PP$ children NNS . SENT Art NN . SENT 32 CD 5 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD The DT declaration NN of IN reinstatement NN provided VVN for IN in IN the DT preceding JJ article NN may MD be VB subscribed VVN by IN the DT parties NNS concerned VVN , , in IN accordance NN with IN Article NP 26 CD and CC following VVG , , from IN the DT moment NN they PP have VHP reached VVN the DT age NN of IN eighteen CD . SENT it PP may MD not RB be VB made VVN through IN an DT agent NN . SENT It PP has VHZ effect NN with IN regard NN to TO minor JJ children NNS on IN the DT terms NNS of IN Articles NNS 22 CD 1 CD and CC 22 CD 2 CD . SENT CHAPTER NN VIII NP SPECIAL JJ PROVISIONS NNS REGARDING VVG OVERSEAS JJ TERRITORIES NNS Art NN . SENT 33 CD Act NP n NN 73 CD 42 CD of IN 9 CD Jan NP . SENT 1973 CD For IN the DT implementation NN of IN this DT Code NP Title NP in IN overseas JJ territories NNS . SENT 1 LS The DT words NNS tribunal NN de NP grande NP instance NN shall MD each DT time NN be VB replaced VVN by IN the DT words NNS tribunal NN de NP premi NP re NN instance NN . SENT 2 LS repealed VVN . SENT Art NN . SENT 33 CD 1 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD Notwithstanding IN Article NP 26 CD , , the DT declaration NN shall MD be VB received VVN by IN the DT president NN of IN the DT tribunal NN de FW premi NNS re IN instance NN or CC by IN the DT judge NN in IN charge NN of IN the DT section NN on IN detachment NN . SENT Art NN . SENT 33 CD 2 CD Act NP n NN 93 CD 933 CD of IN 22 CD July NP 1993 CD Notwithstanding IN Article NP 31 CD , , the DT president NN of IN the DT tribunal NN de FW premi NNS re IN instance NN or CC the DT judge NN in IN charge NN of IN the DT section NN on IN detachment NN has VHZ alone RB the DT capacity NN to TO issue VV a DT certificate NN of IN French JJ nationality NN to TO a DT person NN who WP establishes VVZ that IN he PP has VHZ that DT nationality NN . SENT TITLE NN II NP OF IN RECORDS NNS OF IN CIVIL JJ STATUS NN CHAPTER NN I NP GENERAL NP PROVISIONS NNS Art NN . SENT 34 CD Act NP of IN 22 CD Oct NP . SENT 1922 CD Records NPS of IN civil JJ status NN shall MD state VV the DT year NN , , day NN and CC time NN when WRB they PP were VBD received VVN , , the DT first JJ names NNS and CC name NN of IN the DT officer NN of IN civil JJ status NN , , the DT first JJ names NNS , , names NNS , , occupations NNS and CC domiciles NNS of IN all DT persons NNS named VVN therein RB . SENT The DT dates NNS and CC places NNS of IN birth NN . SENT a DT Of IN the DT father NN and CC mother NN in IN the DT records NNS of IN birth NN and CC of IN acknowledgement NN . SENT b SYM Of IN the DT child NN in IN the DT records NNS of IN acknowledgement NN . SENT c SYM Of IN the DT spouses NNS in IN the DT records NNS of IN marriage NN . SENT and CC d NN Of IN the DT deceased JJ in IN the DT records NNS of IN death NN , , shall MD be VB indicated VVN when WRB known VVN . SENT Otherwise RB the DT age NN of IN those DT persons NNS shall MD be VB designated VVN by IN their PP$ number NN of IN years NNS as RB must MD be VB , , in IN all DT cases NNS , , the DT ages NNS of IN the DT declarants NNS . SENT As RB to TO the DT witnesses NNS , , only RB their PP$ status NN of IN adult NN shall MD be VB indicated VVN . SENT Art NN . SENT 35 CD Officers NNS of IN civil JJ status NN may MD insert VV nothing NN in IN the DT records NNS they PP receive VVP , , by IN way NN of IN a DT note NN or CC of IN whatever WDT wording NN , , beyond IN what WP must MD be VB declared VVN by IN the DT declarants NNS . SENT Art NN . SENT 36 CD Where WRB the DT parties NNS concerned VVN are VBP not RB obliged VVN to TO appear VV in IN person NN , , they PP may MD be VB represented VVN by IN an DT agent NN with IN a DT special JJ and CC authentic JJ power NN . SENT Art NN . SENT 37 CD Act NP of IN 7 CD Dec NP . SENT 1897 CD Witnesses NNS appearing VVG in IN connection NN with IN records NNS of IN civil JJ status NN shall MD be VB at IN least JJS of IN eighteen CD years NNS of IN age NN , , relatives NNS or CC not RB , , without IN distinction NN of IN sex NN . SENT they PP shall MD be VB selected VVN by IN the DT parties NNS concerned VVN . SENT repealed VVN Art NN . SENT 38 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD august JJ 1958 CD The DT officer NN of IN civil JJ status NN shall MD read VV the DT records NNS to TO the DT appearing VVG parties NNS or CC their PP$ agents NNS , , and CC to TO the DT witnesses NNS . SENT he PP shall MD invite VV them PP to TO take VV direct JJ cognisance NN of IN them PP before IN signing VVG them PP . SENT It PP shall MD be VB mentioned VVN on IN the DT records NNS that IN these DT formalities NNS have VHP been VBN complied VVN with IN . SENT Art NN . SENT 39 RB Those DT records NNS shall MD be VB signed VVN by IN the DT officer NN of IN civil JJ status NN , , the DT appearing VVG parties NNS and CC witnesses NNS . SENT or CC mention NN shall MD be VB made VVN of IN the DT cause NN preventing VVG the DT appearing VVG parties NNS or CC witnesses NNS from IN signing NN . SENT Art NN . SENT 40 CD to TO 45 CD repealed VVN Art NN . SENT 46 CD Where WRB no DT registers NNS have VHP existed VVN or CC where WRB they PP have VHP been VBN lost VVN , , proof NN of IN them PP may MD be VB received VVN by IN documents NNS as IN well RB as RB by IN witnesses NNS . SENT and CC in IN that DT event NN , , marriages NNS , , births NNS and CC deaths NNS may MD be VB proved VVN by IN books NNS and CC papers NNS emanating VVG from IN deceased JJ fathers NNS and CC mothers NNS as IN well RB as RB by IN witnesses NNS . SENT Art NN . SENT 47 CD Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD Faith NP must MD be VB given VVN to TO records NNS of IN civil JJ status NN of IN French JJ persons NNS and CC aliens NNS made VVN in IN a DT foreign JJ country NN and CC drawn VVN up RP in IN the DT forms NNS in IN use NN in IN that DT country NN , , unless IN other JJ records NNS or CC documents NNS possessed VVD , , external JJ data NNS or CC elements NNS drawn VVN from IN the DT record NN itself PP establish VV that IN the DT record NN is VBZ irregular JJ , , forged VVN or CC that IN the DT facts NNS declared VVD therein RB do VV not RB square JJ with IN truth NN . SENT In IN case NN of IN doubt NN , , the DT service NN before IN which WDT a DT request NN for IN the DT drawing NN up RB , , registration NN or CC issuing VVG of IN a DT record NN or CC of IN a DT document NN is VBZ brought VVN , , shall MD delay VV the DT request NN and CC give VV notice NN to TO the DT person NN concerned VVN that IN he PP may MD , , within IN two CD months NNS , , refer VVP the DT matter NN to TO the DT Government NP procurator NN in IN Nantes NP in IN order NN that IN the DT authenticity NN of IN the DT record NN be VB checked VVN . SENT Where WRB he PP considers VVZ groundless JJ the DT request NN for IN checking NN made VVN to TO him PP , , the DT Government NP procurator NN shall MD give VV notice NN of IN it PP to TO the DT person NN concerned VVN and CC the DT service NN within IN one CD month NN . SENT Where WRB he PP shares VVZ the DT doubts NNS of IN the DT service NN , , the DT Government NP procurator NN in IN Nantes NP shall MD initiate VV any DT useful JJ investigation NN , , especially RB by IN referring VVG the DT matter NN to TO the DT proper JJ consular JJ authorities NNS , , within IN a DT period NN which WDT may MD not RB exceed VV six CD months NNS , , renewable JJ one CD month NN for IN the DT requirements NNS of IN the DT inquiry NN . SENT He PP shall MD inform VV the DT person NN concerned VVN and CC the DT service NN as IN soon RB as RB possible JJ of IN the DT results NNS of IN the DT inquiry NN . SENT Upon IN presentation NN of IN the DT results NNS of IN the DT investigations NNS carried VVD out RP , , the DT Government NP procurator NN may MD refer VV the DT matter NN to TO the DT tribunal NN de FW grande JJ instance NN in IN Nantes NP in IN order NN that IN it PP give VVP judgment NN about IN the DT validity NN of IN the DT record NN after IN having VHG ordered VVN , , where WRB appropriate JJ , , any DT examination NN proceedings NNS it PP deems VVZ advisable JJ . SENT Art NN . SENT 48 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD A DT record NN of IN civil JJ status NN of IN French JJ persons NNS in IN a DT foreign JJ State NN is VBZ valid JJ where WRB it PP was VBD received VVN , , in IN accordance NN with IN French JJ law NN , , by IN diplomatic JJ or CC consular JJ agents NNS . SENT Act NN of IN 8 CD June NP 1893 CD A DT duplicate JJ of IN the DT registers NNS of IN civil JJ status NN held VVN by IN these DT agents NNS shall MD be VB sent VVN at IN the DT end NN of IN each DT year NN to TO the DT Ministry NP of IN Foreign JJ Affairs NPS which WDT shall MD keep VV them PP and CC may MD deliver VV certificates NNS from IN them PP . SENT Art NN . SENT 49 CD Act NP of IN 17 CD Aug NN . SENT 1897 CD . SENT Act NN of IN 10 CD March NP 1932 CD Whenever WRB the DT mention NN of IN a DT record NN relating VVG to TO civil JJ status NN must MD be VB made VVN in IN the DT margin NN of IN a DT record NN already RB drawn VVN up RP or CC registered VVD , , it PP shall MD be VB made VVN by IN the DT officer NN of IN his PP$ own JJ motion NN . SENT The DT officer NN of IN civil JJ status NN who WP has VHZ drawn VVN up RP or CC registered VVD the DT record NN that IN occasions NNS the DT mention NN shall MD effect VV that DT mention NN within IN three CD days NNS on IN the DT registers NNS he PP keeps VVZ and CC , , if IN the DT duplicate JJ of IN the DT register NN on IN which WDT the DT mention NN is VBZ to TO be VB effected VVN is VBZ at IN the DT court NN registrar's NN office NN , , he PP shall MD send VV a DT notice NN to TO the DT Government NP procurator NN of IN his PP$ arrondissement NN . SENT Where WRB the DT record NN in IN the DT margin NN of IN which WDT the DT mention NN is VBZ to TO be VB effected VVN was VBD drawn VVN up RP or CC registered VVD in IN another DT commune NN , , the DT notice NN shall MD be VB sent VVN , , within IN three CD days NNS , , to TO the DT officer NN of IN civil JJ status NN of IN that DT commune NN and CC the DT latter NN shall MD notify VV at IN once RB the DT Government NN procurator NN of IN his PP$ arrondissement NN if IN the DT duplicate JJ of IN the DT register NN is VBZ at IN the DT court NN registrar's NN office NN . SENT Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Where WRB the DT record NN in IN the DT margin NN of IN which WDT a DT mention NN is VBZ to TO be VB effected VVN was VBD drawn VVN up RP or CC registered VVD abroad RB , , the DT officer NN of IN civil JJ status NN who WP drew VVD up RP or CC registered VVD the DT record NN that IN occasions NNS the DT mention NN shall MD give VV notice NN of IN it PP , , within IN three CD days NNS , , to TO the DT Minister NP of IN Foreign NP Affairs NPS . SENT Art NN . SENT 50 CD Act NP n NN 46 CD 2154 CD of IN 7 CD Oct NP . SENT 1946 CD . SENT Act NP n NN 56 CD 780 CD of IN 4 CD Aug NN . SENT 1956 CD An DT infringement NN of IN the DT preceding JJ Articles NNS on IN the DT part NN of IN the DT officials NNS therein RB named VVN shall MD be VB prosecuted VVN before IN the DT tribunal NN de FW grande JJ instance NN and CC punished VVN with IN a DT fine NN of IN 20 CD to TO 200 CD francs NNS 3 CD to TO 30 CD . SENT Art NN . SENT 51 CD A DT custodian NN of IN registers NNS shall MD be VB civilly RB liable JJ for IN the DT alterations NNS that WDT occur VVP in IN them PP , , subject JJ to TO his PP$ remedy NN , , if IN there EX is VBZ occasion NN , , against IN the DT authors NNS of IN those DT alterations NNS . SENT Art NN . SENT 52 CD An DT alteration NN , , a DT forgery NN in IN records NNS of IN civil JJ status NN , , an DT inscription NN of IN those DT records NNS on IN a DT loose JJ leaf NN and CC otherwise RB than IN on IN the DT registers NNS designed VVN for IN that DT purpose NN , , shall MD give VV rise VV to TO damages NNS to TO the DT parties NNS , , without IN prejudice NN to TO penalties NNS provided VVN for IN in IN the DT Penal JJ Code NP . SENT Art NN . SENT 53 CD The DT Government NN procurator NN at IN the DT tribunal NN de NP grande NP instance NN shall MD verify VV the DT state NN of IN the DT registers NNS when WRB they PP are VBP deposited VVN at IN the DT court NN registrar's NN office NN . SENT he PP shall MD draw VV up RP a DT memorandum NN of IN verification NN , , denounce VVP minor JJ and CC ordinary JJ offences NNS committed VVN by IN officers NNS of IN civil JJ status NN and CC call NN for IN their PP$ being VBG sentenced VVN to TO fines NNS . SENT Art NN . SENT 54 CD Whenever WRB a DT tribunal NN de NP grande NP instance NN has VHZ jurisdiction NN over IN records NNS of IN civil JJ status NN , , the DT parties NNS concerned VVN may MD attack VV the DT judgment NN . SENT CHAPTER NN II NP OF IN RECORDS NNS OF IN BIRTH NN Section NN I NN Of IN Declarations NNS of IN Birth NN Act NP n NN 93 CD 22 CD , , 8 CD Jan NP . SENT 1993 CD Art NN . SENT 55 CD Act NP of IN 20 CD Nov NP . SENT 1919 CD Declarations NNS of IN birth NN shall MD be VB made VVN within IN three CD days NNS of IN the DT delivery NN , , to TO the DT local JJ officer NN of IN civil JJ status NN . SENT Where WRB a DT birth NN has VHZ not RB been VBN declared VVN within IN the DT statutory JJ period NN , , the DT officer NN of IN civil JJ status NN may MD only RB record VV it PP in IN his PP$ registers NNS under IN a DT judgment NN rendered VVN by IN the DT court NN of IN the DT arrondissement NN in IN which WDT the DT child NN was VBD born VVN , , and CC a DT summary NN mention NN shall MD be VB made VVN in IN the DT margin NN at IN the DT date NN of IN the DT birth NN . SENT Where WRB the DT place NN of IN birth NN is VBZ unknown JJ , , the DT court NN having VHG jurisdiction NN shall MD be VB the DT one NN of IN the DT residence NN of IN the DT applicant NN . SENT Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD In IN foreign JJ countries NNS , , declarations NNS to TO diplomatic JJ or CC consular JJ agents NNS must MD be VB made VVN within IN fifteen CD days NNS of IN the DT delivery NN . SENT That DT period NN may MD however RB be VB extended VVN by IN decree NN in IN some DT consular JJ districts NNS . SENT Art NN . SENT 56 CD The DT birth NN of IN a DT child NN shall MD be VB declared VVN by IN the DT father NN , , or CC , , in IN absence NN of IN the DT father NN , , by IN the DT doctors NNS of IN medicine NN or CC surgery NN , , midwives NNS , , health NN officials NNS or CC other JJ persons NNS present JJ at IN the DT delivery NN . SENT and CC , , where WRB the DT mother NN has VHZ given VVN birth NN outside IN her PP$ domicile NN , , by IN the DT person NN at IN whose WP$ place NN she PP has VHZ given VVN birth NN . SENT Act NN of IN 7 CD Feb NN . SENT 1924 CD Records NPS of IN birth NN shall MD be VB drawn VVN up RP at IN once RB . SENT Art NN . SENT 57 CD Act NP of IN 7 CD Feb NN . SENT 1924 CD A DT record NN of IN birth NN shall MD indicate VV the DT day NN , , the DT time NN and CC the DT place NN of IN birth NN , , the DT sex NN of IN the DT child NN the DT first JJ names NNS given VVN to TO him PP , , the DT family NN name NN followed VVD if IN there EX is VBZ occasion NN by IN the DT mention NN of IN the DT joint JJ declaration NN of IN his PP$ parents NNS as RB regards VVZ the DT choice NN made VVD , , Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 2002 CD , , Act NP n NN 2003 CD 516 CD of IN 18 CD June NP 20031 CD and CC , , the DT first JJ names NNS , , names NNS , , ages NNS , , occupations NNS and CC domiciles NNS of IN the DT father NN and CC mother NN , , and CC if IN there EX is VBZ occasion NN , , those DT of IN the DT applicant NN . SENT If IN the DT father NN and CC mother NN of IN an DT illegitimate JJ child NN , , or CC one CD of IN them PP , , are VBP not RB indicated VVN to TO the DT officer NN of IN civil JJ status NN , , nothing NN may MD be VB mentioned VVN on IN the DT registers NNS on IN this DT subject NN . SENT Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD The NP first JJ names NNS of IN the DT child NN shall MD be VB chosen VVN by IN his PP$ father NN and CC mother NN . SENT A DT woman NN who WP asked VVD to TO keep VV her PP$ identity NN secret NN at IN the DT time NN of IN the DT delivery NN may MD make VV known VVN the DT first JJ names NNS she PP desires VVZ to TO be VB given VVN to TO the DT child NN . SENT Otherwise RB , , or CC where WRB his PP$ parents NNS are VBP unknown JJ , , the DT officer NN of IN civil JJ status NN chooses VVZ three CD first JJ names NNS the DT last JJ of IN which WDT shall MD take VV the DT place NN of IN a DT patronymic NN replaced VVN by IN family NN name NN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD to TO the DT child NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD . SENT The DT officer NN of IN civil JJ status NN shall MD write VV down RP at IN once RB the DT chosen VVN first JJ names NNS on IN the DT record NN of IN birth NN . SENT Any DT first JJ name NN entered VVN on IN the DT record NN of IN birth NN may MD be VB chosen VVN as IN the DT usual JJ first JJ name NN . SENT Where WRB these DT first JJ names NNS or CC one CD of IN them PP , , alone RB or CC combined VVN with IN the DT other JJ first JJ names NNS or CC the DT name NN , , appear VVP to TO him PP to TO be VB contrary JJ to TO the DT welfare NN of IN the DT child NN or CC to TO the DT rights NNS of IN third JJ parties NNS to TO the DT protection NN of IN their PP$ patronymics NNS replaced VVN by IN family NN names NNS Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD , , the DT officer NN of IN civil JJ status NN shall MD give VV notice NN thereof RB to TO the DT Government NP procurator NN without IN delay NN . SENT The DT latter NN may MD refer VV the DT matter NN to TO the DT family NN causes VVZ judge NN . SENT Where WRB the DT judge NN considers VVZ that IN the DT first JJ name NN is VBZ not RB consonant NN with IN the DT welfare NN of IN the DT child NN or CC interferes VVZ with IN the DT rights NNS of IN third JJ parties NNS to TO the DT protection NN of IN their PP$ patronymics NNS replaced VVN by IN family NN names NNS Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20011 CD , , he PP shall MD order VV its PP$ removal NN from IN the DT registers NNS of IN civil JJ status NN . SENT Where WRB appropriate JJ , , he PP shall MD give VV the DT child NN another DT first JJ name NN which WDT he PP himself PP fixes NNS in IN the DT absence NN of IN a DT new JJ choice NN by IN the DT parents NNS that RB be VB consonant NN with IN the DT interests NNS aforesaid NN . SENT A DT mention NN of IN the DT judgment NN shall MD be VB entered VVN in IN the DT margin NN of IN the DT records NNS of IN civil JJ status NN of IN the DT child NN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD Art NN . SENT 57 CD 1 CD Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD Where WRB the DT officer NN of IN civil JJ status NN of IN the DT place NN of IN birth NN of IN an DT illegitimate JJ child NN enters VVZ a DT mention NN of IN the DT acknowledgement NN of IN that DT child NN in IN the DT margin NN of IN his PP$ record NN of IN birth NN , , he PP shall MD give VV notice NN to TO the DT other JJ parent NN by IN a DT registered JJ letter NN with IN request NN for IN advice NN of IN delivery NN . SENT If IN that DT parent NN cannot NN be VB informed VVN , , the DT officer NN of IN civil JJ status NN shall MD give VV notice NN to TO the DT Government NP procurator NN who WP shall MD have VH all PDT the DT necessary JJ steps NNS taken VVN . SENT Art NN . SENT 58 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD A NP person NN who WP may MD have VH found VVN a DT new JJ born VVN child NN is VBZ required VVN to TO make VV declaration NN of IN it PP to TO the DT officer NN of IN civil JJ status NN of IN the DT place NN of IN discovery NN . SENT Where WRB he PP does VVZ not RB consent VV to TO take VV charge NN of IN the DT child NN , , he PP shall MD hand VV him PP , , with IN the DT clothing NN and CC other JJ effects NNS found VVD with IN him PP , , to TO the DT officer NN of IN civil JJ status NN . SENT A DT detailed JJ memorandum NN shall MD be VB drawn VVN up RB which WDT , , besides IN the DT indications NNS provided VVN for IN by IN Article NP 34 CD of IN this DT Code NP , , shall MD state VV the DT date NN , , time NN , , place NN and CC circumstances NNS of IN the DT discovery NN , , the DT apparent JJ age NN and CC the DT sex NN of IN the DT child NN , , any DT peculiarities NNS which WDT may MD contribute VV to TO his PP$ identification NN as RB well RB as IN the DT authority NN or CC person NN to TO whom WP he PP is VBZ entrusted VVN . SENT That DT memorandum NN shall MD be VB entered VVN as RB of IN its PP$ date NN on IN the DT registers NNS of IN civil JJ status NN . SENT Following VVG and CC separately RB from IN this DT memorandum NN , , the DT officer NN of IN civil JJ status NN shall MD draw VV up RP a DT record NN that WDT shall MD take VV the DT place NN of IN a DT record NN of IN birth NN . SENT Besides IN the DT indications NNS provided VVN for IN by IN Article NP 34 CD , , that DT record NN shall MD state VV the DT sex NN of IN the DT child NN as RB well RB as IN the DT first JJ names NNS and CC name NN that WDT are VBP given VVN to TO him PP . SENT it PP shall MD fix VV a DT date NN of IN birth NN that WDT may MD tally NN with IN his PP$ apparent JJ age NN and CC designate VV as IN place NN of IN birth NN the DT commune NN where WRB the DT child NN was VBD discovered VVN . SENT Similar JJ records NNS shall MD be VB drawn VVN up RP , , on IN declaration NN of IN the DT Children's NP aid NN services NNS , , for IN children NNS placed VVN under IN their PP$ guardianship NN and CC deprived VVN of IN a DT known VVN record NN of IN birth NN or CC for IN whom WP the DT secret NN as RB to TO birth NN has VHZ been VBN claimed VVN . SENT Copies NNS and CC certificates NNS of IN the DT memorandum NN of IN discovery NN or CC of IN the DT interim JJ record NN of IN birth NN shall MD be VB issued VVN on IN the DT terms NNS and CC in IN accordance NN with IN the DT distinctions NNS under IN Article NP 57 CD of IN this DT Code NP . SENT Where WRB the DT record NN of IN birth NN of IN the DT child NN is VBZ found VVN or CC the DT birth NN is VBZ judicially RB declared VVN , , the DT memorandum NN of IN discovery NN and CC the DT interim JJ record NN of IN birth NN shall MD be VB nullified VVN at IN the DT request NN of IN the DT Government NP procurator NN or CC of IN the DT parties NNS concerned VVN . SENT Art NN . SENT 59 CD Act NP of IN 7 CD Feb NN . SENT 1924 CD In IN case NN of IN birth NN during IN a DT sea NN voyage NN , , a DT record NN shall MD be VB drawn VVN up RP within IN three CD days NNS of IN the DT delivery NN , , upon IN declaration NN of IN the DT father NN if IN he PP is VBZ on IN board NN . SENT Act NN of IN 8 CD June NP 1893 CD Where WRB the DT birth NN takes VVZ place NN during IN a DT break NN in IN port NN , , a DT record NN shall MD be VB drawn VVN up RP under IN the DT same JJ terms NNS if IN there EX is VBZ an DT impossibility NN to TO communicate VV with IN the DT shore NN or CC , , if IN in IN a DT foreign JJ country NN , , there EX is VBZ no DT French JJ diplomatic JJ or CC consular JJ agent NN vested VVN with IN the DT functions NNS of IN an DT officer NN of IN civil JJ status NN . SENT That DT record NN shall MD be VB drawn VVN up RP , , to TO wit NN . SENT on IN vessels NNS of IN the DT State NP , , by IN the DT officer NN of IN the DT Navy NP commissariat NN or CC , , in IN his PP$ absence NN , , by IN the DT captain NN or CC one NN who WP fulfils VVZ his PP$ functions NNS . SENT and CC on IN other JJ ships NNS by IN the DT captain NN , , master NN or CC skipper NN , , or CC one CD who WP fulfils VVZ his PP$ functions NNS . SENT Mention NN shall MD be VB made VVN of IN the DT circumstances NNS among IN the DT ones NNS above IN provided VVN in IN which WDT the DT record NN was VBD drawn VVN up RP . SENT The DT record NN shall MD be VB entered VVN at IN the DT end NN of IN the DT list NN of IN the DT crew NN . SENT Section NP II NP Of IN Changes NP of IN First NP Names NPS and CC Name VV Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Art NN . SENT 60 CD A NP person NN who WP establishes VVZ a DT lawful JJ interest NN may MD apply VV for IN a DT change NN of IN his PP$ first JJ name NN . SENT The DT application NN is VBZ brought VVN before IN the DT family NN causes VVZ judge NN on IN request NN of IN the DT party NN concerned VVN or CC , , where WRB the DT latter NN is VBZ a DT person NN under IN a DT disability NN , , on IN request NN of IN his PP$ statutory JJ representative NN . SENT An DT adjunction NN or CC suppression NN of IN first JJ names NNS may MD be VB likewise RB decided VVN . SENT Where WRB the DT child NN is VBZ over IN thirteen CD his PP$ personal JJ consent NN is VBZ required VVN . SENT Art NN . SENT 61 CD A NP person NN who WP establishes VVZ a DT lawful JJ interest NN may MD apply VV for IN a DT change NN of IN his PP$ name NN . SENT The DT application NN for IN a DT change NN of IN name NN may MD be VB made VVN for IN the DT purpose NN of IN preventing VVG the DT extinguishment NN of IN the DT name NN borne VVN by IN an DT ancestor NN or CC a DT collateral NN of IN the DT applicant NN up RB to TO the DT fourth JJ degree NN . SENT The DT change NN of IN name NN shall MD be VB authorized VVN by IN decree NN . SENT Art NN . SENT 61 CD 1 CD A DT person NN concerned VVN may MD challenge VV before IN the DT Conseil NP d SYM tat NN the DT decree NN establishing VVG a DT change NN of IN name NN within IN two CD months NNS after IN its PP$ publication NN in IN the DT Journal NP Officiel NP . SENT A DT decree NN establishing VVG a DT change NN of IN name NN takes VVZ effect NN , , where WRB there EX is VBZ no DT challenge NN , , at IN the DT end NN of IN the DT period NN within IN which WDT the DT challenge NN is VBZ admissible JJ or CC , , where WRB there EX is VBZ a DT challenge NN , , after IN its PP$ dismissal NN . SENT Art NN . SENT 61 CD 2 CD A DT change NN of IN name NN extends VVZ as RB of IN right NN to TO the DT children NNS of IN the DT beneficiary NN where WRB they PP are VBP under IN thirteen CD . SENT Art NN . SENT 61 CD 3 CD A DT change NN of IN name NN of IN a DT child NN over IN thirteen CD requires VVZ his PP$ personal JJ consent NN where WRB this DT change NN does VVZ not RB result VV from IN the DT establishing VVG or CC modifying VVG a DT parental JJ bond NN . SENT . SENT However RB , , the DT establishing VVG or CC modifying VVG a DT parental JJ bond NN implies VVZ the DT change NN of IN adult NN children's NNS patronymic NN replaced VVN by IN family NN name NN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD only RB subject JJ to TO their PP$ consent NN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD Art NN . SENT 61 CD 4 CD Mentions VVZ of IN the DT judgments NNS of IN changes NNS of IN first JJ names NNS and CC name NN shall MD be VB entered VVN in IN the DT margin NN of IN the DT records NNS of IN civil JJ status NN of IN the DT party NN concerned VVN and CC , , where WRB appropriate JJ , , of IN those DT of IN his PP$ or CC her PP$ spouse NN and CC his PP$ or CC her PP$ children NNS . SENT The DT provisions NNS of IN Articles NNS 100 CD and CC 101 CD shall MD apply VV to TO modifications NNS of IN first JJ names NNS and CC name NN . SENT Section NP III NP Of IN Record NP of IN Acknowledgement NN of IN an DT Illegitimate JJ Child NP Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Art NN . SENT 62 CD A DT record NN of IN acknowledgement NN of IN an DT illegitimate JJ child NN shall MD indicate VV the DT first JJ names NNS , , name NN , , date NN of IN birth NN or CC , , failing VVG which WDT , , age NN , , place NN of IN birth NN and CC domicile NN of IN the DT maker NN of IN the DT acknowledgement NN It PP shall MD indicate VV the DT date NN and CC place NN of IN birth NN , , the DT sex NN and CC first JJ names NNS of IN the DT child NN or CC , , failing VVG which WDT , , all DT appropriate JJ information NN concerning VVG the DT birth NN , , subject JJ to TO the DT provisions NNS of IN Article NP 341 CD 1 CD . SENT A DT record NN of IN acknowledgement NN shall MD be VB entered VVN at IN its PP$ date NN on IN the DT registers NNS of IN civil JJ status NN . SENT Only RB the DT mentions VVZ provided VVN for IN in IN the DT first JJ paragraph NN may MD be VB entered VVN in IN the DT margin NN of IN the DT record NN of IN birth NN , , if IN there EX is VBZ one NN . SENT In IN the DT circumstances NNS referred VVD to TO in IN Article NP 59 CD , , the DT declaration NN of IN acknowledgement NN may MD be VB received VVN by IN the DT instrumentary JJ officers NNS named VVN in IN that DT Article NP and CC in IN the DT forms NNS therein RB indicated VVD . SENT Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD When WRB a DT record NN of IN acknowledgement NN is VBZ established VVN , , Articles NNS 371 CD 1 CD and CC 371 CD 2 CD must MD be VB read VVN to TO his PP$ or CC her PP$ maker NN . SENT Art NN . SENT 62 CD 1 CD Act NP n NN 2002 CD 93 CD of IN 22 CD Jan NP . SENT 2002 CD Where WRB the DT registration NN of IN a DT paternal JJ acknowledgement NN proves VVZ impossible JJ because IN of IN secret JJ as RB to TO her PP$ identity NN put VVD forward RB by IN the DT mother NN , , the DT father NN may MD give VV notice NN of IN it PP to TO the DT Government NP procurator NN . SENT The DT latter NN shall MD undertake VV the DT search NN of IN the DT date NN and CC place NN of IN establishment NN of IN the DT child's JJ record NN of IN birth NN . SENT CHAPTER NN III NP OF IN RECORDS NNS OF IN MARRIAGE NN Art NN . SENT 63 CD Act NP of IN 8 CD April NP 1927 CD Before IN the DT celebration NN of IN a DT marriage NN , , an DT officer NN of IN civil JJ status NN shall MD give VV public JJ notice NN of IN it PP by IN way NN of IN a DT bill NN stuck VVD up RP on IN the DT door NN of IN the DT town NN hall NN . SENT That DT notice NN shall MD state VV the DT first JJ names NNS , , names NNS , , occupations NNS , , domiciles NNS and CC residences NNS of IN the DT future JJ spouses NNS , , as RB well RB as IN the DT place NN where WRB the DT marriage NN is VBZ to TO be VB celebrated JJ . SENT Irrespective RB of IN the DT application NN of IN the DT provisions NNS of IN Article NP 170 CD , , an DT officer NN of IN civil JJ status NN may MD proceed VV to TO the DT public JJ notice NN provided VVN for IN in IN paragraph NN 1 CD , , or CC , , in IN case NN of IN an DT exemption NN from IN public JJ notice NN , , to TO the DT celebration NN of IN the DT marriage NN , , only RB after IN . SENT the DT handing VVG over RP by IN each DT of IN the DT future JJ spouses NNS of IN a DT medical JJ certificate NN dating VVG from IN less JJR than IN two CD months NNS , , that WDT attests VVZ that IN the DT person NN concerned VVN was VBD examined VVN for IN purposes NNS of IN marriage NN , , to TO the DT exclusion NN of IN any DT other JJ indication NN . SENT hearing VVG the DT future JJ spouses NNS jointly RB , , except IN in IN case NN of IN impossibility NN or CC where WRB it PP appears VVZ , , upon IN examination NN of IN the DT file NN , , that WDT said VVD hearing NN is VBZ not RB necessary JJ with IN respect NN to TO Article NP 146 CD . SENT If IN he PP deems VVZ it PP necessary JJ , , the DT officer NN of IN civil JJ status NN may MD also RB require VV to TO have VH a DT separate JJ talk NN with IN one CD or CC the DT other JJ of IN the DT future JJ spouses NNS . SENT An DT officer NN of IN civil JJ status NN who WP does VVZ not RB comply VV with IN the DT prescriptions NNS of IN the DT preceding JJ paragraphs NNS shall MD be VB prosecuted VVN before IN the DT tribunal NN de FW grande JJ instance NN and CC punished VVN by IN a DT fine NN from IN 20 CD to TO 200 CD francs NNS 3 CD to TO 30 CD Act NP n NN 56 CD 780 CD of IN 4 CD Aug NN . SENT 1956 CD . SENT Art NN . SENT 64 CD Act NP of IN 8 CD April NP 1927 CD The DT bill NN provided VVD for IN in IN the DT preceding JJ Article NN shall MD remain VV stuck VVN up RP at IN the DT door NN of IN the DT town NN hall NN for IN ten CD days NNS . SENT The DT marriage NN may MD not RB be VB celebrated JJ before IN the DT tenth JJ day NN after IN and CC exclusive JJ of IN that DT of IN notice NN . SENT Where WRB the DT bill NN sticking NN is VBZ interrupted VVN before IN the DT expiration NN of IN that DT period NN , , a DT mention NN of IN it PP shall MD be VB made VVN on IN the DT bill NN that WDT has VHZ ceased VVN to TO be VB stuck VVN up RP at IN the DT door NN of IN the DT town NN hall NN . SENT Art NN . SENT 65 CD Act NP of IN 21 CD June NP 1907 CD Where WRB the DT marriage NN has VHZ not RB been VBN celebrated JJ within IN one CD year NN after IN the DT expiry NN of IN the DT period NN of IN notice NN , , it PP may MD no RB longer RBR be VB celebrated JJ until IN a DT new JJ public JJ notice NN has VHZ been VBN given VVN in IN the DT form NN provided VVN above IN . SENT Art NN 66 CD Instruments NNS of IN formal JJ objection NN to TO the DT marriage NN must MD be VB signed VVN on IN the DT original JJ and CC a DT copy NN by IN the DT opposing VVG parties NNS or CC their PP$ agents NNS with IN special JJ and CC authentic JJ powers NNS . SENT they PP must MD be VB served VVN , , with IN a DT copy NN of IN the DT power NN , , on IN the DT persons NNS or CC at IN the DT domiciles NNS of IN the DT parties NNS and CC on IN the DT officer NN of IN civil JJ status NN , , who WP shall MD stamp VV the DT original JJ . SENT Art NN . SENT 67 CD Act NP of IN 8 CD April NP 1927 CD The DT officer NN of IN civil JJ status NN shall MD make VV , , without IN delay NN , , a DT summary NN mention NN of IN the DT formal JJ objections NNS in IN the DT register NN of IN marriages NNS . SENT he PP shall MD also RB make VV , , in IN the DT margin NN of IN the DT entry NN of IN those DT formal JJ objections NNS , , a DT mention NN of IN judgments NNS or CC instruments NNS of IN withdrawals NNS of IN which WDT office NN copies NNS have VHP been VBN delivered VVN to TO him PP . SENT Art NN . SENT 68 CD Act NP . SENT n NN 46 CD 2154 CD of IN 7 CD Oct NP . SENT 1946 CD In IN the DT event NN of IN a DT formal JJ objection NN , , the DT officer NN of IN civil JJ status NN may MD not RB celebrate VV the DT marriage NN before IN a DT withdrawal NN has VHZ been VBN delivered VVN to TO him PP , , on IN pain NN of IN fine NN of IN 30 CD francs NNS 4 CD , , 5 CD and CC subject JJ to TO all DT damages NNS . SENT Art NN . SENT 69 CD Act NP of IN 9 CD Aug NN . SENT 1919 CD Where WRB public JJ notice NN has VHZ been VBN given VVN in IN several JJ communes NNS , , the DT officer NN of IN civil JJ status NN of IN each DT commune NN shall MD forward VV without IN delay NN to TO the DT one NN who WP is VBZ to TO celebrate VV the DT marriage NN a DT certificate NN stating VVG that IN there EX is VBZ no DT formal JJ objection NN . SENT Art NN . SENT 70 CD Act NP of IN 2 CD Feb NN . SENT 1933 CD The DT office NN copy NN of IN the DT record NN of IN birth NN delivered VVN by IN each DT one NN of IN the DT future JJ spouses NNS to TO the DT officer NN of IN civil JJ status NN who WP is VBZ to TO celebrate VV their PP$ marriage NN shall MD comply VV with IN Article NP 57 CD , , last JJ paragraph NN , , of IN the DT Civil NP Code NP with IN , , if IN there EX is VBZ occasion NN , , indication NN of IN the DT married JJ status NN of IN his PP$ father NN and CC mother NN or CC , , where WRB the DT future JJ spouse NN is VBZ a DT minor JJ , , indication NN of IN the DT acknowledgement NN of IN which WDT he PP or CC she PP was VBD the DT subject NN . SENT Act NN of IN 11 CD July NP 1929 CD That DT instrument NN must MD not RB have VH been VBN issued VVN more JJR than IN three CD months NNS before IN where WRB it PP was VBD issued VVN in IN France NP , , and CC more JJR than IN six CD months NNS before IN where WRB it PP was VBD issued VVN in IN a DT colony NN or CC a DT consulate NN . SENT Art NN . SENT 71 CD Act NP of IN 11 CD July NP 1929 CD A DT future NN spouse NN who WP would MD be VB unable JJ to TO obtain VV that DT instrument NN may MD replace VV it PP by IN producing VVG an DT affidavit NN issued VVN by IN the DT judge NN of IN the DT tribunal NN d'instance NN of IN the DT place NN of IN his PP$ birth NN or CC of IN his PP$ domicile NN . SENT An DT affidavit NN shall MD contain VV a DT declaration NN made VVN by IN three CD witnesses NNS , , of IN either DT sex NN , , relatives NNS or CC not RB , , of IN the DT first JJ names NNS , , name NN , , occupation NN and CC domicile NN of IN the DT future JJ spouse NN and CC of IN those DT of IN his PP$ father NN and CC mother NN , , when WRB known VVN . SENT the DT place NN and CC , , as RB far RB as IN possible JJ , , the DT period NN of IN his PP$ birth NN and CC the DT causes NNS that WDT prevent VVP the DT intrument NN from IN being VBG produced VVN . SENT The DT witnesses NNS shall MD sign VV the DT affidavit NN with IN the DT judge NN of IN the DT tribunal NN d'instance NN . SENT and CC if IN any DT of IN them PP cannot NN or CC does VVZ not RB know VV how WRB to TO sign VV , , mention NN shall MD be VB made VVN of IN it PP . SENT Art NN . SENT 72 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD Neither CC an DT affidavit NN nor CC a DT refusal NN to TO issue VV it PP may MD be VB subject JJ to TO review VV . SENT Art NN . SENT 73 CD Act NP of IN 9 CD Aug NN . SENT 1919 RB An DT authentic JJ instrument NN of IN consent NN of IN the DT father NN and CC mother NN , , or CC grandfathers NNS and CC grandmothers NNS or CC , , failing VVG them PP , , of IN the DT family NN council NN shall MD contain VV the DT first JJ names NNS , , names NNS , , occupation NN and CC domiciles VVZ of IN the DT future JJ spouses NNS and CC of IN all PDT those DT who WP concurred VVD in IN the DT instrument NN , , as RB well RB as IN their PP$ degree NN of IN consanguinity NN . SENT Act NN of IN 28 CD Feb NN . SENT 1922 CD Except IN in IN the DT case NN provided VVD for IN in IN Article NP 159 CD of IN the DT Civil NP Code NP , , that DT instrument NN of IN consent NN shall MD be VB drawn VVN up RP either RB by IN a DT notaire NN or CC by IN the DT officer NN of IN civil JJ status NN of IN the DT domicile NN or CC residence NN of IN the DT ascendant NN and CC , , abroad RB , , by IN French JJ diplomatic JJ or CC consular JJ agents NNS . SENT Where WRB it PP is VBZ drawn VVN up RP by IN an DT officer NN of IN civil JJ status NN , , it PP must MD be VB legalized VVN only RB when WRB it PP is VBZ to TO be VB produced VVN before IN foreign JJ authorities NNS , , save VV as RB otherwise RB provided VVN in IN international JJ conventions NNS . SENT Art NN . SENT 74 CD Act NP of IN 21 CD June NP 1907 CD A DT marriage NN must MD be VB celebrated JJ in IN the DT commune NN where WRB one CD of IN the DT spouses NNS has VHZ his PP$ or CC her PP$ domicile NN or CC residence NN established VVN by IN a DT continuous JJ habitation NN of IN at IN least JJS one CD month NN at IN the DT date NN of IN the DT public JJ notice NN provided VVN for IN by IN law NN . SENT Art NN . SENT 75 CD Act NP n NN 66 CD 359 CD of IN 9 CD June NP 1966 CD On IN the DT day NN specified VVN by IN the DT parties NNS , , after IN the DT period NN of IN public JJ notice NN , , the DT officer NN of IN civil JJ status NN , , at IN the DT town NN hall NN , , in IN the DT presence NN of IN two CD witnesses NNS at IN least JJS or CC four CD at IN the DT most JJS , , relative JJ or CC not RB of IN the DT parties NNS , , shall MD read VV Articles NNS 212 CD , , 213 CD paragraphs NNS 1 CD and CC 2 CD , , 214 CD paragraph NN 1 CD and CC 315 CD paragraph NN 1 CD of IN this DT Code NP to TO the DT future JJ spouses NNS . SENT Article NN 371 CD 1 CD must MD also RB be VB read VVN Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD . SENT Act NN of IN 9 CD Aug NN . SENT 1919 CD However RB , , in IN case NN of IN serious JJ impediment NN , , the DT Government NP procurator NN of IN the DT place NN of IN marriage NN may MD require VV the DT officer NN of IN civil JJ status NN to TO betake VV himself PP to TO the DT domicile NN or CC residence NN of IN one CD of IN the DT parties NNS to TO celebrate VV the DT marriage NN . SENT In IN case NN of IN imminent JJ danger NN of IN death NN of IN one CD of IN the DT future JJ spouses NNS , , the DT officer NN of IN civil JJ status NN may MD betake VV himself PP there RB before IN any DT requirement NN or CC authorization NN of IN the DT Government NP procurator NN , , to TO whom WP he PP shall MD then RB notify VV as RB soon RB as RB possible JJ of IN the DT necessity NN of IN that DT celebration NN outside IN the DT town NN hall NN . SENT Mention NN shall MD be VB made VVN of IN this DT in IN the DT record NN of IN marriage NN . SENT The DT officer NN of IN civil JJ status NN shall MD ask VV the DT future JJ spouses NNS and CC , , if IN they PP are VBP minors NNS , , their PP$ ascendants NNS present JJ at IN the DT celebration NN and CC authorizing VVG the DT marriage NN , , to TO declare VV whether IN an DT ante NN nuptial JJ agreement NN has VHZ been VBN made VVN and CC , , in IN the DT affirmative JJ , , the DT date NN of IN that DT contract NN and CC the DT name NN and CC place NN of IN residence NN of IN the DT notaire NN who WP received VVD it PP . SENT Act NN of IN 2 CD Feb NN . SENT 1933 CD Where WRB the DT documents NNS produced VVN by IN one CD of IN the DT future JJ spouses NNS do VVP not RB accord VV with IN one CD another DT as RB to TO the DT first JJ names NNS or CC the DT spelling NN of IN the DT names NNS , , he PP shall MD ask VV the DT one CD whom WP they PP concern NN and CC , , if IN the DT latter NN is VBZ a DT minor JJ , , his PP$ closest JJS ascendants NNS present JJ at IN the DT celebration NN , , to TO declare VV that IN the DT variance NN results NNS from IN an DT omission NN or CC a DT mistake NN . SENT He PP shall MD receive VV from IN each DT party NN , , one CD after IN the DT other JJ , , the DT declaration NN that IN they PP wish VVP to TO take VV each DT other JJ as IN husband NN and CC wife NN . SENT he PP shall MD pronounce VV , , in IN the DT name NN of IN the DT law NN , , that WDT they PP are VBP united VVN by IN marriage NN , , and CC he PP shall MD draw VV up RP a DT record NN of IN it PP at IN once RB . SENT Art NN . SENT 76 CD Act NP of IN 4 CD Feb NN . SENT 1928 CD A DT record NN of IN marriage NN shall MD state VV . SENT 1 LS The DT first JJ names NNS , , names NNS , , occupations NNS , , ages NNS , , dates NNS and CC places NNS of IN birth NN , , domiciles NNS and CC residences NNS of IN the DT spouses NNS . SENT 2 LS The DT first JJ names NNS , , names NNS , , occupations NNS and CC domiciles NNS of IN the DT fathers NNS and CC mothers NNS . SENT 3 LS The DT consent NN of IN the DT fathers NNS and CC mothers NNS , , grandfathers NNS and CC grandmothers NNS and CC that IN of IN the DT family NN council NN where WRB , , they PP are VBP required VVN . SENT 4 LS The DT first JJ names NNS and CC name NN of IN the DT previous JJ spouse NN of IN each DT spouse NN . SENT 5 LS repealed VVN 6 CD The DT declaration NN of IN the DT contracting NN parties NNS that IN they PP take VVP each DT other JJ for IN spouse NN , , and CC the DT pronouncement NN of IN their PP$ being VBG united VVN by IN the DT officer NN of IN civil JJ status NN . SENT 7 CD The NP first JJ names NNS , , names NNS , , occupations NNS , , domiciles VVZ of IN the DT witnesses NNS and CC their PP$ capacity NN as IN adults NNS . SENT 8 CD Act NP of IN 10 CD July NP 1850 CD The DT declaration NN , , made VVN upon IN the DT question NN prescribed VVN by IN the DT preceding JJ Article NN , , that IN an DT ante NN nuptial JJ agreement NN was VBD made VVN or CC not RB and CC , , as RB far RB as IN possible JJ , , the DT date NN of IN the DT agreement NN if IN any DT , , as RB well RB as IN the DT name NN and CC place NN of IN residence NN of IN the DT notaire NN who WP received VVD it PP . SENT the DT whole NN on IN pain NN against IN the DT officer NN of IN civil JJ status NN of IN the DT fine NN specified VVN in IN Article NP 50 CD . SENT Where WRB the DT declaration NN was VBD omitted VVN or CC erroneous JJ , , the DT correction NN of IN the DT record NN , , as RB to TO the DT omission NN or CC mistake NN , , may MD be VB requested VVN by IN the DT Government NP procurator NN , , without IN prejudice NN to TO the DT rights NNS of IN the DT parties NNS concerned VVN , , under IN Article NP 99 CD . SENT 9 CD Act NP n NN 97 CD 987 CD of IN 28 CD Oct NP . SENT 1997 CD If IN there EX is VBZ occasion NN , , the DT declaration NN that IN an DT instrument NN of IN choice NN of IN the DT applicable JJ law NN was VBD made VVN in IN accordance NN with IN The DT Hague NP Convention NP of IN 14 CD March NP 1978 CD on IN the DT law NN applicable JJ to TO matrimonial JJ regimes NNS , , as RB well RB as IN the DT date NN and CC place NN of IN signature NN of IN that DT instrument NN and CC , , where WRB appropriate JJ , , the DT name NN and CC capacity NN of IN the DT person NN who WP drew VVD it PP . SENT Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD In IN the DT margin NN of IN the DT record NN of IN birth NN of IN each DT spouse NN , , mention NN shall MD be VB made VVN of IN the DT celebration NN of IN the DT marriage NN and CC of IN the DT name NN of IN the DT spouse NN . SENT CHAPTER NN IV NP OF IN RECORDS NNS OF IN DEATH NN Art NN . SENT 77 CD repealed VVN Art NN . SENT 78 CD Act NP of IN 7 CD Feb NN . SENT 1924 CD A DT record NN of IN death NN must MD be VB drawn VVN up RP by IN the DT officer NN of IN civil JJ status NN of IN the DT commune NN where WRB the DT death NN took VVD place NN , , upon IN the DT declaration NN of IN a DT relative NN of IN the DT deceased JJ or CC of IN a DT person NN possessing VVG the DT most RBS reliable JJ and CC complete JJ information NN that WDT is VBZ possible JJ as RB to TO the DT civil JJ status NN of IN the DT deceased JJ . SENT Art NN . SENT 79 CD Act NP of IN 7 CD Feb NN . SENT 1924 CD A DT record NN of IN death NN shall MD state VV . SENT 1 LS The DT day NN , , time NN and CC place NN of IN the DT death NN . SENT 2 LS The DT first JJ names NNS , , name NN , , date NN and CC place NN of IN birth NN , , occupation NN and CC domicile NN of IN the DT deceased JJ person NN . SENT 3 LS The DT first JJ names NNS , , names NNS , , professions NNS and CC domiciles NNS of IN his PP$ father NN and CC mother NN . SENT 4 LS The DT first JJ names NNS and CC name NN of IN the DT other JJ spouse NN , , where WRB the DT deceased JJ person NN was VBD married VVN , , widowed VVN or CC divorced VVN . SENT 5 LS The DT first JJ names NNS , , name NN , , age NN , , occupation NN and CC domicile NN of IN the DT declarant NN and CC , , if IN there EX is VBZ occasion NN , , his PP$ degree NN of IN consanguinity NN to TO the DT deceased JJ person NN . SENT All DT of IN which WDT in IN so RB far RB as RB may MD be VB known VVN . SENT Ord NP . SENT of IN 29 CD March NP 1945 CD Mention NP of IN the DT death NN must MD be VB made VVN in IN the DT margin NN of IN the DT record NN of IN birth NN of IN the DT deceased JJ person NN . SENT Art NN . SENT 79 CD 1 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Where WRB a DT child NN is VBZ dead JJ before IN his PP$ birth NN was VBD declared VVN to TO the DT civil JJ registry NN , , the DT officer NN of IN civil JJ status NN shall MD draw VV up RP a DT record NN of IN birth NN and CC a DT record NN of IN death NN upon IN exhibition NN of IN a DT medical JJ certificate NN stating VVG that IN the DT child NN was VBD born VVN alive JJ and CC viable JJ and CC specifying VVG the DT days NNS and CC times NNS of IN his PP$ birth NN and CC death NN . SENT In IN the DT absence NN of IN the DT medical JJ certificate NN provided VVN for IN in IN the DT preceding JJ paragraph NN , , the DT officer NN of IN civil JJ status NN shall MD draw VV up RP a DT record NN of IN a DT lifeless JJ child NN . SENT That DT record NN shall MD be VB entered VVN at IN its PP$ date NN in IN the DT registers NNS of IN death NN and CC shall MD state VV the DT day NN , , time NN , , and CC place NN of IN the DT delivery NN , , the DT first JJ names NNS and CC names NNS , , dates NNS and CC places NNS of IN birth NN , , occupations NNS and CC domiciles NNS of IN the DT father NN and CC mother NN and CC , , if IN there EX is VBZ occasion NN , , those DT of IN the DT declarant NN . SENT The DT record NN drawn VVN up RP shall MD be VB without IN prejudice NN to TO knowing VVG whether IN the DT child NN has VHZ lived VVN or CC not RB . SENT any DT party NN concerned VVN may MD refer VV the DT matter NN to TO the DT judgment NN of IN the DT tribunal NN de FW grande JJ instance NN . SENT Art NN . SENT 80 CD Act NP of IN 20 CD Nov NP . SENT 1919 CD Where WRB the DT death NN occurred VVD elsewhere RB than IN in IN the DT commune NN where WRB the DT deceased JJ was VBD domiciled VVN , , the DT officer NN of IN civil JJ status NN shall MD , , within IN the DT shortest JJS possible JJ time NN , , send VV to TO the DT officer NN of IN civil JJ status NN of IN the DT deceased's JJ last JJ domicile NN , , an DT office NN copy NN of IN that DT record NN which WDT shall MD be VB immediately RB entered VVN in IN the DT registers NNS . SENT This DT provision NN shall MD not RB apply VV to TO cities NNS divided VVN into IN arrondissements NNS , , when WRB the DT death NN occurred VVD in IN an DT arrondissement NN other JJ than IN the DT one NN where WRB the DT deceased JJ was VBD domiciled VVN Ord JJ . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD . SENT In IN case NN of IN death NN in IN hospitals NNS or CC health NN units NNS , , naval JJ or CC civil JJ hospitals NNS or CC other JJ public JJ bodies NNS Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD , , the DT directors NNS , , managers NNS or CC heads NNS of IN those DT hospitals NNS or CC bodies NNS shall MD give VV notice NN of IN it PP to TO the DT officer NN of IN civil JJ status NN or CC to TO the DT person NN who WP fulfils VVZ his PP$ duties NNS , , within IN twenty CD four CD hours NNS . SENT The DT latter NN shall MD call VV there RB to TO ascertain VV the DT death NN and CC draw VV up RP a DT record NN of IN it PP , , in IN accordance NN with IN the DT preceding JJ Article NN , , upon IN the DT declarations NNS made VVD to TO him PP and CC according VVG to TO the DT information NN obtained VVD by IN him PP . SENT There EX shall MD be VB kept VVN in IN said VVN hospitals NNS , , units NNS and CC bodies NNS , , a DT register NN in IN which WDT those DT declarations NNS and CC information NN shall MD be VB entered VVN . SENT Art NN . SENT 81 CD Where WRB there EX are VBP marks NNS or CC indications NNS of IN violent JJ death NN , , or CC other JJ circumstances NNS which WDT give VVP rise NN to TO suspicion NN thereof RB , , the DT burial NN may MD not RB take VV place NN until IN a DT police NN officer NN has VHZ , , with IN the DT assistance NN of IN a DT doctor NN in IN medicine NN or CC surgery NN , , drawn VVN up IN a DT memorandum NN of IN the DT condition NN of IN the DT corpse NN and CC of IN the DT circumstances NNS relating VVG to TO it PP , , as RB well RB as RB of IN the DT information NN he PP could MD collect VV as RB to TO the DT first JJ names NNS , , name NN , , age NN , , occupation NN , , place NN of IN birth NN and CC domicile NN of IN the DT deceased JJ person NN . SENT Art NN . SENT 82 CD The DT police NN officer NN shall MD forward VV at IN once RB , , to TO the DT officer NN of IN civil JJ status NN of IN the DT place NN where WRB the DT person NN died VVD , , all PDT the DT information NN stated VVN in IN his PP$ memorandum NN , , according VVG to TO which WDT the DT record NN of IN death NN shall MD be VB drawn VVN up RP . SENT The DT officer NN of IN civil JJ status NN shall MD send VV an DT office NN copy NN of IN it PP to TO the DT officer NN of IN the DT domicile NN of IN the DT deceased JJ person NN , , if IN it PP is VBZ known VVN . SENT that DT office NN copy NN shall MD be VB entered VVN in IN the DT registers NNS . SENT Art NN . SENT 83 CD repealed VVN by IN implication NN by IN Act NP n NN 81 CD 908 CD of IN 9 CD Oct NP . SENT 1981 CD , , which WDT has VHZ abolished VVN the DT death NN penalty NN Art NN . SENT 84 CD In IN case NN of IN death NN in IN a DT prison NN or CC centre NN of IN confinement NN or CC detention NN , , a DT notice NN of IN it PP shall MD be VB given VVN at IN once RB by IN the DT keepers NNS or CC warders NNS to TO the DT officer NN of IN civil JJ status NN who WP shall MD betake VV himself PP thereto RB as RB provided VVN for IN in IN Article NP 80 CD and CC shall MD draw VV up RP the DT record NN of IN death NN . SENT Art NN . SENT 85 CD In IN all DT cases NNS of IN violent JJ death NN or CC death NN in IN prisons NNS and CC centres NNS of IN confinement NN repealed VVN by IN implication NN , , those DT circumstances NNS shall MD not RB be VB mentioned VVN in IN the DT registers NNS and CC the DT records NNS of IN death NN shall MD simply RB be VB drawn VVN up RP in IN the DT form NN prescribed VVN by IN Article NP 79 CD . SENT Art NN . SENT 86 CD Act NP of IN 7 CD Feb NN . SENT 1924 CD In IN case NN of IN death NN during IN a DT sea NN voyage NN and CC under IN the DT circumstances NNS provided VVN for IN in IN Article NP 59 CD , , a DT record NN must MD be VB drawn VVN up RP within IN twenty CD four CD hours NNS by IN the DT instrumentary JJ officers NNS named VVN in IN that DT Article NP and CC in IN the DT forms NNS therein RB indicated VVN . SENT repealed VVN repealed VVN Art NN . SENT 87 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD Where WRB the DT body NN of IN a DT deceased JJ person NN is VBZ found VVN and CC can MD be VB identified VVN , , a DT record NN of IN death NN shall MD be VB drawn VVN up RP by IN the DT officer NN of IN civil JJ status NN of IN the DT presumed JJ place NN of IN death NN , , whatever WDT the DT time NN elapsed VVN between IN the DT death NN and CC the DT discovery NN of IN the DT body NN may MD be VB . SENT Where WRB the DT deceased JJ cannot NN be VB identified VVN , , the DT record NN of IN death NN shall MD include VV the DT most RBS complete JJ description NN of IN him PP . SENT in IN the DT event NN of IN later JJR identification NN , , the DT record NN shall MD be VB rectified VVN in IN the DT way NN provided VVD for IN in IN Article NP 99 CD of IN this DT Code NP . SENT Art NN . SENT 88 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD May MD be VB judicially RB declared VVN , , on IN application NN of IN the DT Government NP procurator NN or CC the DT parties NNS concerned VVN , , the DT death NN of IN a DT French JJ person NN who WP has VHZ disappeared VVN in IN or CC outside IN France NP , , in IN circumstances NNS likely JJ to TO imperil VV his PP$ life NN , , where WRB his PP$ body NN could MD not RB be VB found VVN . SENT On IN the DT same JJ terms NNS , , may MD be VB judicially RB declared VVN the DT death NN of IN an DT alien JJ or CC stateless JJ person NN who WP disappeared VVD either RB on IN a DT territory NN under IN the DT authority NN of IN France NP or CC aboard IN a DT French JJ ship NN or CC aircraft NN , , or CC even RB abroad RB where WRB he PP had VHD his PP$ domicile NN or CC usual JJ residence NN in IN France NP . SENT The DT procedure NN of IN judicial JJ declaration NN of IN death NN shall MD likewise RB apply VV where WRB the DT death NN is VBZ certain JJ but CC the DT body NN could MD not RB be VB found VVN . SENT Art NN . SENT 89 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD The DT application NN must MD be VB lodged VVN at IN the DT tribunal NN de FW grande JJ instance NN of IN the DT place NN of IN death NN or CC disappearance NN where WRB it PP occurred VVD on IN a DT territory NN under IN the DT authority NN of IN France NP , , otherwise RB at IN the DT court NN of IN the DT domicile NN or CC last JJ residence NN of IN the DT deceased VVN or CC disappeared VVN person NN or CC , , failing VVG which WDT , , at IN the DT court NN of IN the DT port NN of IN registry NN of IN the DT aircraft NN or CC the DT ship NN that WDT carried VVD him PP . SENT In IN default NN of IN any DT other JJ , , the DT tribunal NN de FW grande JJ instance NN of IN Paris NP shall MD have VH jurisdiction NN . SENT Where WRB several JJ persons NNS disappeared VVD in IN the DT course NN of IN the DT same JJ event NN , , a DT joint JJ application NN may MD be VB lodged VVN at IN the DT court NN of IN the DT place NN of IN the DT disappearance NN , , at IN that DT of IN the DT port NN of IN registry NN or CC , , failing VVG them PP , , at IN the DT tribunal NN de FW grande JJ instance NN of IN Paris NP . SENT Art NN . SENT 90 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD Where WRB it PP is VBZ not RB made VVN by IN the DT Government NP procurator NN , , the DT application NN must MD be VB forwarded VVN through IN the DT latter NN to TO the DT court NN . SENT The DT case NN shall MD be VB investigated VVN and CC adjudged VVN in IN chambers NNS . SENT The DT assistance NN of IN a DT counsel NN is VBZ not RB required VVN and CC all DT proceedings NNS as RB well RB as IN the DT office NN copies NNS and CC certificates NNS thereof RB , , shall MD be VB exempt JJ of IN stamp NN duties NNS and CC registered VVN gratis RB . SENT Where WRB the DT court NN is VBZ of IN opinion NN that IN the DT death NN is VBZ not RB adequately RB proved VVN , , it PP may MD order VV any DT step NN in IN view NN to TO further JJR information NN and CC request NN in IN particular JJ an DT administrative JJ enquiry NN on IN the DT circumstances NNS of IN the DT disappearance NN . SENT Where WRB the DT death NN is VBZ declared VVN , , its PP$ date NN shall MD be VB fixed VVN by IN taking VVG into IN account NN the DT presumptions NNS drawn VVN from IN the DT circumstances NNS of IN the DT case NN and CC , , failing VVG them PP , , on IN the DT day NN of IN the DT disappearance NN . SENT That DT date NN may MD never RB be VB undetermined JJ . SENT Art NN . SENT 91 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 RB The DT operative JJ part NN of IN a DT declaratory JJ judgment NN of IN death NN must MD be VB recorded VVN on IN the DT registers NNS of IN civil JJ status NN of IN the DT actual JJ or CC presumed JJ place NN of IN death NN and CC , , where WRB appropriate JJ , , on IN those DT of IN the DT last JJ domicile NN of IN the DT deceased JJ . SENT Mention VV of IN the DT recording NN shall MD be VB made VVN in IN the DT margin NN of IN the DT registers NNS at IN the DT date NN of IN the DT death NN . SENT In IN case NN of IN a DT joint JJ judgment NN , , individual JJ certificates NNS shall MD be VB forwarded VVN to TO the DT officers NNS of IN civil JJ status NN of IN the DT last JJ domiciles NNS of IN the DT persons NNS who WP have VHP disappeared VVN , , for IN purpose NN of IN their PP$ being VBG entered VVN . SENT Declaratory JJ judgments NNS of IN death NN shall MD take VV the DT place NN of IN records NNS of IN death NN and CC are VBP enforceable JJ against IN third JJ parties NNS who WP may MD only RB have VH them PP rectified VVN in IN accordance NN with IN Article NP 99 CD of IN this DT Code NP . SENT Art NN . SENT 92 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD Where WRB the DT person NN whose WP$ death NN was VBD judicially RB declared VVD reappears VVZ after IN a DT declaratory JJ judgment NN , , the DT Government NP procurator NN or CC any DT party NN concerned VVN may MD apply VV for IN the DT annulment NN of IN the DT judgment NN in IN the DT forms NNS provided VVN for IN in IN Articles NNS 89 CD and CC following VVG . SENT Act NP n NN 77 CD 1447 CD of IN 28 CD Dec NP . SENT 1977 CD The NP provisions NNS of IN Articles NNS 130 CD , , 131 CD and CC 132 CD shall MD apply VV where WRB required VVN . SENT Mention VV of IN the DT annulment NN of IN the DT declaratory JJ judgment NN shall MD be VB made VVN in IN the DT margin NN of IN its PP$ recording NN . SENT CHAPTER NN V NN OF IN RECORDS NNS OF IN CIVIL JJ STATUS NN CONCERNING VVG SOLDIERS NNS AND CC MARINERS NNS IN IN SOME DT SPECIAL JJ CIRCUMSTANCES NNS Art NN . SENT 93 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD Records NPS of IN civil JJ status NN concerning VVG soldiers NNS and CC mariners NNS of IN the DT State NN shall MD be VB drawn VVN up RP as RB specified VVN in IN the DT preceding JJ Chapters NNS . SENT However RB , , outside IN France NP and CC in IN case NN of IN war NN , , expedition NN , , operation NN for IN the DT keeping VVG of IN order NN and CC pacification NN or CC quartering NN of IN French JJ troops NNS in IN foreign JJ territories NNS , , for IN occupation NN or CC under IN intergovernmental JJ agreements NNS , , those DT records NNS may MD be VB received VVN likewise RB by IN military JJ officers NNS of IN civil JJ status NN , , named VVN by IN an DT order NN of IN the DT Minister NP of IN the DT Armed NP Forces NPS . SENT Those DT officers NNS of IN civil JJ status NN are VBP also RB competent JJ with IN regard NN to TO non JJ military JJ persons NNS where WRB the DT provisions NNS of IN the DT preceding JJ Chapters NNS cannot NN be VB applied VVN . SENT In IN metropolitan JJ France NP , , the DT officers NNS of IN civil JJ status NN referred VVD to TO above RB may MD receive VV records NNS concerning VVG soldiers NNS and CC non JJ military JJ persons NNS in IN the DT parts NNS of IN the DT territory NN where WRB , , by IN reason NN of IN mobilization NN or CC siege NN , , the DT municipal JJ civil JJ registry NN is VBZ no RB longer RBR regularly RB ensured VVN . SENT Declarations NNS of IN birth NN in IN the DT armed JJ forces NNS shall MD be VB made VVN within IN ten CD days NNS following VVG the DT delivery NN . SENT Records NNS of IN death NN may MD be VB drawn VVN up RP in IN the DT armed JJ forces NNS notwithstanding IN Article NP 77 CD above IN deleted VVN although IN the DT officer NN of IN civil JJ status NN could MD not RB betake VV himself PP to TO the DT deceased JJ person NN and CC , , notwithstanding IN Article NP 78 CD , , they PP may MD be VB drawn VVN up RP only RB on IN the DT attestation NN of IN two CD declarants NNS . SENT Art NN 94 CD deleted VVN Art NN . SENT 95 CD Act NP n NN 57 CD 1232 CD of IN 28 CD Nov NP . SENT 1957 CD Where WRB Article NP 93 CD , , paragraphs VVZ 2 CD and CC 3 CD , , so RB provides VVZ , , records NNS of IN civil JJ status NN shall MD be VB drawn VVN up RP on IN a DT special JJ register NN , , the DT keeping VVG and CC preservation NN of IN which WDT shall MD be VB regulated VVN by IN a DT joint JJ order NN of IN the DT Minister NP of IN National NP Defence NN and CC Armed NP Forces NPS and CC the DT Minister NP of IN Ex JJ Servicemen NNS and CC Victims NNS of IN War NP . SENT Art NN . SENT 96 CD Act NP n NN 57 CD 1232 CD of IN 28 CD Nov NP . SENT 1957 CD Where WRB a DT marriage NN is VBZ celebrated JJ in IN one CD of IN the DT cases NNS provided VVN for IN in IN Article NP 93 CD , , paragraphs VVZ 2 CD and CC 3 CD , , public JJ notice NN shall MD be VB given VVN , , to TO the DT extent NN that IN circumstances NNS so RB permit VVP , , at IN the DT place NN of IN the DT last JJ domicile NN of IN the DT future JJ husband NN . SENT they PP shall MD also RB be VB made VVN in IN the DT unit NN to TO which WDT the DT party NN concerned JJ belongs VVZ , , in IN the DT way NN provided VVD for IN in IN an DT order NN of IN the DT Minister NP of IN National NP Defence NN and CC Armed NP Forces NPS . SENT Art NN . SENT 97 CD Act NP n NN 57 CD 1232 CD of IN 28 CD Nov NP . SENT 1957 CD Records NPS of IN death NN received VVN by IN military JJ authorities NNS in IN all DT cases NNS provided VVN for IN in IN Article NP 93 CD above RB , , or CC by IN civilian JJ authorities NNS as RB regards VVZ members NNS of IN the DT armed JJ forces NNS , , civilians NNS participating VVG in IN their PP$ action NN , , in IN duty NN covered VVN by IN orders NNS , , or CC persons NNS employed VVN in IN the DT armies NNS train VVP , , may MD be VB subject JJ to TO administrative JJ rectification NN in IN the DT way NN provided VVD for IN in IN a DT decree NN , , within IN periods NNS and CC in IN territories NNS where WRB the DT military JJ authority NN is VBZ entitled VVN , , by IN said VVN Article NP 93 CD , , to TO receive VV those DT records NNS should MD the DT occasion NN arise VV . SENT CHAPTER NN VI NP OF IN THE DT CIVIL JJ STATUS NN OF IN PERSONS NNS BORN VVN ABROAD RB WHO WP ACQUIRE VV OR CC RECOVER VV FRENCH JJ NATIONALITY NN Act NP n NN 78 CD 731 CD of IN 12 CD July NP 1978 CD Art NN . SENT 98 CD A NP record NN taking VVG the DT place NN of IN a DT record NN of IN birth NN shall MD be VB drawn VVN up RP for IN any DT person NN born VVN abroad RB who WP acquires VVZ or CC recovers VVZ French JJ nationality NN unless IN the DT record NN drawn VVN up RP at IN his PP$ birth NN was VBD already RB entered VVN on IN a DT register NN kept VVD by IN a DT French JJ authority NN . SENT That DT record NN shall MD state VV the DT name NN , , first JJ names NNS and CC sex NN of IN the DT party NN concerned VVN and CC indicate VVP the DT place NN and CC date NN of IN his PP$ birth NN , , his PP$ parentage NN , , his PP$ residence NN at IN the DT date NN of IN his PP$ acquiring VVG French JJ nationality NN . SENT Art NN . SENT 98 CD 1 CD A DT record NN taking VVG the DT place NN of IN a DT record NN of IN marriage NN shall MD likewise RB be VB drawn VVN up RP where WRB the DT person NN who WP acquires VVZ or CC recovers VVZ French JJ nationality NN got VVD previously RB married VVN abroad RB , , unless IN the DT celebration NN of IN the DT marriage NN was VBD already RB taken VVN note NN of IN by IN a DT record NN entered VVN on IN a DT register NN kept VVD by IN a DT French JJ authority NN . SENT The DT record NN shall MD state VV . SENT the DT date NN and CC place NN of IN the DT celebration NN . SENT indication NN of IN the DT performing VVG authority NN . SENT the DT names NNS , , first JJ names NNS , , dates NNS and CC places NNS of IN birth NN of IN each DT one NN of IN the DT spouses NNS . SENT the DT parentage NN of IN the DT spouses NNS . SENT and CC if IN there EX is VBZ occasion NN , , the DT name NN , , capacity NN and CC residence NN of IN the DT authority NN who WP received VVD the DT ante NN nuptial JJ agreement NN . SENT Art NN . SENT 98 CD 2 CD One NN and CC the DT same JJ record NN may MD be VB drawn VVN up IN containing VVG the DT statements NNS as RB to TO birth NN and CC marriage NN , , unless IN birth NN and CC marriage NN were VBD already RB taken VVN note NN of IN by IN records NNS entered VVN on IN a DT register NN kept VVD by IN a DT French JJ authority NN . SENT It PP shall MD be VB used VVN as IN both CC a DT record NN of IN birth NN and CC a DT record NN of IN marriage NN . SENT Art NN . SENT 98 CD 3 CD The DT records NNS referred VVD to TO in IN Articles NNS 98 CD to TO 98 CD 2 CD shall MD state VV besides IN . SENT the DT date NN on IN which WDT they PP were VBD drawn VVN up RP . SENT the DT name NN and CC signature NN of IN the DT officer NN of IN civil JJ status NN . SENT the DT mentions VVZ entered VVN in IN the DT margin NN of IN the DT record NN of IN which WDT they PP take VVP the DT place NN . SENT indication NN of IN instruments NNS and CC judgments NNS relating VVG to TO the DT nationality NN of IN the DT person NN . SENT Mention NN shall MD be VB made VVN later RBR in IN the DT margin NN . SENT of IN the DT indications NNS required VVN for IN each DT category NN of IN record NN by IN the DT law NN in IN force NN . SENT Art NN . SENT 98 CD 4 CD The DT persons NNS for IN whom WP records NNS were VBD drawn VVN up RP under IN Articles NNS 98 CD to TO 98 CD 2 CD lose VV the DT power NN of IN requiring VVG the DT entry NN of IN their PP$ record NN of IN birth NN or CC marriage NN received VVN by IN a DT foreign JJ authority NN . SENT In IN the DT case NN of IN conflict NN between IN the DT statements NNS in IN a DT foreign JJ record NN of IN civil JJ status NN or CC a DT record NN of IN French JJ consular JJ civil JJ status NN and CC those DT in IN a DT record NN drawn VVN up RP under IN said VVN Articles NNS , , the DT latter NN shall MD prevail VV until IN a DT judgment NN of IN rectification NN . SENT CHAPTER NN VII NP OF IN THE DT RECTIFICATION NN OF IN RECORDS NNS OF IN CIVIL JJ STATUS NN Art NN . SENT 99 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD . SENT D SYM . SENT n NN 81 CD 500 CD of IN 12 CD May NP 1981 CD A DT rectification NN of IN records NNS of IN civil JJ status NN shall MD be VB ordered VVN by IN the DT president NN of IN the DT court NN . SENT The DT rectification NN of IN judgments NNS which WDT are VBP declaratory JJ of IN or CC supply NN for IN records NNS of IN civil JJ status NN shall MD be VB ordered VVN by IN the DT president NN of IN the DT court NN . SENT The DT application NN for IN rectification NN may MD be VB lodged VVN by IN any DT party NN concerned VVN or CC by IN the DT Government NP procurator NN . SENT the DT latter NN shall MD act VV of IN his PP$ own JJ motion NN where WRB the DT mistake NN or CC omission NN bears NNS on IN an DT essential JJ indication NN of IN the DT record NN or CC of IN the DT judgment NN which WDT takes VVZ its PP$ place NN . SENT The DT Government NP procurator NN who WP has VHZ territorial JJ jurisdiction NN may MD undertake VV administrative JJ rectification NN of IN merely RB clerical JJ mistakes NNS and CC omissions NNS in IN the DT record NN of IN civil JJ status NN . SENT for IN this DT purpose NN he PP shall MD give VV all DT necessary JJ instructions NNS directly RB to TO the DT depositaries NNS of IN registers NNS . SENT Art NN . SENT 99 CD 1 CD Act NP n NN 78 CD 731 CD of IN 12 CD July NP 1978 CD Persons NP entitled VVN to TO perform VV the DT duties NNS of IN an DT officer NN of IN civil JJ status NN in IN order NN to TO draw VV up RP the DT records NNS referred VVD to TO in IN Articles NNS 98 CD to TO 98 CD 2 CD may MD undertake VV administrative JJ rectification NN of IN merely RB clerical JJ mistakes NNS and CC omissions NNS contained VVN in IN those DT records NNS or CC in IN the DT mentions VVZ inserted VVN in IN the DT margins NNS , , save VV those DT that WDT are VBP entered VVN after IN the DT making NN of IN the DT records NNS Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT Art NN . SENT 100 CD 0 CD rd NNS . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD A NP judicial JJ or CC administrative JJ rectification NN of IN a DT record NN or CC judgment NN relating VVG to TO civil JJ status NN has VHZ effect NN vis FW vis FW any DT party NN . SENT Art NN . SENT 101 CD 0 CD rd NNS . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 CD . SENT D SYM . SENT n NN 81 CD 500 CD of IN 12 CD May NP 1981 CD An DT office NN copy NN of IN the DT record NN may MD be VB issued VVN only RB with IN the DT rectifications NNS ordered VVD , , on IN pain NN of IN the DT fine NN prescribed VVN by IN Article NP 50 CD of IN the DT Civil NP Code NP and CC subject JJ to TO all DT damages NNS against IN the DT depositaries NNS of IN registers NNS . SENT TITRE NN III NP OF IN DOMICILE NN Art NN . SENT 102 CD Ord NP . SENT n NN 58 CD 923 CD of IN 7 CD Oct NP . SENT 1958 CD The DT domicile NN of IN a DT French JJ person NN , , as RB to TO the DT exercise NN of IN his PP$ civil JJ rights NNS , , is VBZ at IN the DT place NN where WRB he PP has VHZ his PP$ main JJ establishment NN . SENT Boatmen NNS and CC other JJ persons NNS living VVG on IN a DT boat NN of IN inland RB navigation NN registered VVN in IN France NP , , who WP do VVP not RB have VH the DT domicile NN provided VVD for IN by IN the DT preceding JJ paragraph NN or CC a DT statutory JJ domicile NN , , must MD elect VV a DT domicile NN in IN one CD of IN the DT communes VVZ the DT names NNS of IN which WDT appear VVP on IN a DT list NN established VVN by IN an DT order NN of IN the DT Minister NP of IN Justice NP , , the DT Minister NP of IN the DT Interior NP and CC the DT Minister NP of IN Public NP Works NP , , Transport NP and CC Tourism NP . SENT However RB , , wage NN earning NN boatmen NNS and CC persons NNS living VVG on IN board NN with IN them PP may MD domicile VV themselves PP in IN another DT commune NN provided VVN that IN the DT concern NN that WDT operates VVZ the DT boat NN has VHZ its PP$ headquarters NN or CC an DT establishment NN there RB . SENT in IN this DT event NN , , the DT domicile NN is VBZ fixed VVN in IN the DT offices NNS of IN the DT concern NN . SENT failing VVG an DT election NN by IN them PP , , those DT boatmen NNS and CC persons NNS have VHP their PP$ domiciles NNS at IN the DT headquarters NN of IN the DT concern NN which WDT operates VVZ the DT boat NN and CC , , where WRB those DT headquarters NNS are VBP abroad RB , , at IN the DT chartering VVG office NN in IN Paris NP . SENT deleted VVN Art NN . SENT 103 CD A DT change NN of IN domicile NN takes VVZ place NN in IN consequence NN of IN an DT actual JJ residence NN in IN another DT place NN , , in IN addition NN to TO the DT intention NN to TO fix VV one's NNS main JJ establishment NN there RB . SENT Art NN . SENT 104 CD Proof NN of IN that DT intention NN shall MD result VV from IN an DT express JJ declaration NN made VVN both CC to TO the DT municipality NN of IN the DT place NN which WDT one PP leaves VVZ and CC to TO that DT of IN the DT place NN where WRB the DT domicile NN is VBZ transferred VVN . SENT Art NN . SENT 105 CD Failing NP an DT express JJ declaration NN , , proof NN of IN intention NN shall MD depend VV on IN circumstances NNS . SENT Art NN . SENT 106 CD A NP citizen NN called VVD to TO a DT temporary JJ or CC revocable JJ public JJ office NN keeps VVZ the DT domicile NN he PP had VHD previously RB , , unless IN he PP has VHZ manifested VVN an DT intention NN to TO the DT contrary NN . SENT Art NN . SENT 107 CD Acceptance NP of IN an DT office NN conferred VVD for IN life NN involves VVZ an DT immediate JJ transfer NN of IN the DT domicile NN of IN the DT officer NN to TO the DT place NN where WRB he PP is VBZ to TO fulfil VV his PP$ duties NNS . SENT Art NN . SENT 108 CD Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD A DT husband NN and CC a DT wife NN may MD have VH distinct JJ domiciles NNS without IN conflicting VVG thereby RB with IN the DT rules NNS concerning VVG the DT community NN of IN living NN . SENT A DT notice NN served VVN upon IN one CD spouse NN , , even RB judicially RB separated VVN , , in IN matters NNS of IN status NN and CC capacity NN of IN persons NNS , , must MD also RB be VB served VVN upon IN his PP$ or CC her PP$ spouse NN , , under IN pain NN of IN invalidity NN . SENT Art NN . SENT 108 CD 1 CD Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD Separate JJ residence NN of IN the DT spouses NNS , , during IN proceedings NNS for IN divorce NN or CC judicial JJ separation NN , , involves VVZ as IN of IN right JJ separate JJ domiciles NNS . SENT Art NN . SENT 108 CD 2 CD Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD A DT minor NN when WRB not RB emancipated VVN is VBZ domiciled VVN at IN his PP$ father NN and CC mother's NN home NN . SENT Where WRB the DT father NN and CC mother NN have VHP separate JJ domiciles NNS , , he PP is VBZ domiciled VVN at IN the DT home NN of IN the DT parent NN with IN whom WP he PP resides VVZ . SENT Art NN . SENT 108 CD 3 CD Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD An DT adult NN in IN guardianship NN shall MD be VB domiciled VVN at IN his PP$ guardian's JJ home NN . SENT Art NN . SENT 109 CD Adults NNS who WP usually RB serve VVP or CC work VVP at IN someone NN else's NNS place NN , , have VHP the DT same JJ domicile NN as IN the DT person NN they PP serve VVP or CC at NN whose WP$ place NN they PP work VVP where WRB they PP live VVP in IN the DT same JJ house NN . SENT Art NN . SENT 110 CD deleted VVN Art NN . SENT 111 CD Where WRB an DT instrument NN contains VVZ , , on IN the DT part NN of IN the DT parties NNS or CC of IN one CD of IN them PP , , an DT election NN of IN domicile NN for IN the DT implementation NN of IN that DT instrument NN in IN a DT place NN other JJ than IN that DT of IN the DT actual JJ domicile NN . SENT the DT services NNS of IN notices NNS , , complaints NNS and CC proceedings NNS related VVN to TO that DT instrument NN may MD be VB done VVN at IN the DT elected VVN domicile NN and CC , , subject JJ to TO the DT provisions NNS of IN Article NP 48 CD of IN the DT new JJ Code NP of IN Civil NP Procedure NN , , before IN the DT judge NN of IN that DT domicile NN D NP . SENT n NN 75 CD 1122 CD of IN 5 CD Dec NP . SENT 1975 CD . SENT TITLE NN IV NP OF IN ABSENTEES NNS Act NP n NN 77 CD 1447 CD of IN 28 CD Dec NP . SENT 1977 CD CHAPTER NN I NN OF IN PRESUMPTION NN OF IN ABSENCE NN Art NN . SENT 112 CD Where WRB a DT person NN has VHZ ceased VVN to TO appear VV at IN the DT place NN of IN his PP$ domicile NN or CC residence NN and CC has VHZ not RB been VBN heard VVN from IN , , the DT judge NN of IN guardianships NNS may MD , , on IN the DT application NN of IN the DT parties NNS concerned VVN or CC of IN the DT Government NP procurator NN , , establish VV that IN there EX is VBZ presumption NN of IN absence NN . SENT Art NN . SENT 113 CD The DT judge NN may MD designate VV one NN or CC several JJ relations NNS by IN blood NN or CC marriage NN or CC , , where WRB appropriate JJ , , any DT other JJ persons NNS to TO represent VV the DT person NN presumed JJ absentee NN in IN the DT exercise NN of IN his PP$ rights NNS or CC in IN any DT act NN which WDT would MD be VB his PP$ concern NN , , as RB well RB as IN to TO administer VV all DT or CC part NN of IN his PP$ property NN . SENT the DT representation NN of IN the DT presumed JJ absentee NN and CC the DT administration NN of IN his PP$ property NN shall MD then RB be VB subject JJ to TO the DT rules NNS which WDT apply VVP to TO statutory JJ administration NN under IN judicial JJ supervision NN such JJ as IN it PP is VBZ provided VVN for IN minors NNS and CC , , in IN addition NN , , under IN the DT following VVG amendments NNS . SENT Art NN . SENT 114 CD Without IN prejudice NN to TO specific JJ jurisdiction NN conferred VVD upon IN other JJ courts NNS , , for IN the DT same JJ purposes NNS , , the DT judge NN shall MD fix VV , , where WRB appropriate JJ , , according VVG to TO the DT extent NN of IN the DT property NN , , the DT sums NNS that WDT should MD be VB allocated VVN yearly RB to TO the DT maintenance NN of IN the DT family NN or CC the DT household NN expenses NNS . SENT He PP shall MD determine VV how WRB to TO provide VV for IN the DT settling NN of IN children NNS . SENT He PP shall MD also RB specify VV how WRB the DT expenses NNS of IN administration NN as IN well RB as RB , , if IN necessary JJ , , the DT fees NNS that WDT may MD be VB granted VVN to TO the DT person NN responsible JJ for IN the DT representation NN of IN the DT presumed JJ absentee NN and CC the DT administration NN of IN his PP$ property NN should MD be VB settled VVN . SENT Art NN . SENT 115 CD The DT judge NN may MD , , at IN any DT time NN and CC even RB of IN his PP$ own JJ motion NN , , put VVD an DT end NN to TO the DT task NN of IN the DT person NN thus RB designed VVN . SENT he PP may MD also RB replace VV him PP . SENT Art NN . SENT 116 CD Where WRB a DT presumed JJ absentee NN is VBZ called VVN to TO a DT partition NN , , Article NP 838 CD , , paragraph NN 1 CD , , of IN the DT Civil NP Code NP shall MD apply VV . SENT However RB , , the DT judge NN of IN guardianships NNS may MD authorize VV a DT partition NN , , even RB partial JJ , , and CC designate VV a DT notaire NN to TO undertake VV it PP , , in IN the DT presence NN of IN the DT representative NN of IN the DT presumed JJ absentee NN or CC of IN his PP$ substitute NN designated VVN as IN provided VVN for IN in IN Article NP 115 CD , , where WRB the DT original JJ representative NN is VBZ himself PP concerned VVN in IN the DT partition NN . SENT The DT statement NN of IN liquidation NN is VBZ subject JJ to TO the DT approval NN of IN the DT tribunal NN de FW grande JJ instance NN . SENT Art NN . SENT 117 CD The NP Government NP procurator's NNS office NN shall MD be VB specially RB responsible JJ for IN watching VVG over RP the DT interests NNS of IN presumed JJ absentees NNS . SENT it PP shall MD be VB heard VVN on IN all DT claims NNS which WDT concern NN them PP . SENT it PP may MD of IN its PP$ own JJ motion NN request NN the DT implementation NN or CC amendment NN of IN the DT measures NNS provided VVN for IN in IN this DT Title NN . SENT Art NN . SENT 118 CD Where WRB a DT presumed JJ absentee NN reappears VVZ or CC is VBZ heard VVN from IN , , on IN his PP$ application NN , , the DT judge NN shall MD put VV an DT end NN to TO the DT measures NNS taken VVN for IN representing VVG him PP and CC administering VVG his PP$ property NN . SENT he PP shall MD then RB recover VV the DT property NN managed VVN or CC acquired VVN on IN his PP$ behalf NN during IN the DT period NN of IN absence NN . SENT Art NN . SENT 119 CD Rights NNS acquired VVN without IN fraud NN on IN the DT basis NN of IN the DT presumption NN of IN absence NN , , may MD not RB be VB called VVN in IN question NN again RB where WRB the DT death NN of IN the DT absentee NN is VBZ established VVN or CC judicially RB declared VVD , , whatever WDT the DT date NN fixed VVN for IN the DT death NN may MD be VB . SENT Art NN . SENT 120 CD The NP preceding JJ provisions NNS concerning VVG the DT representation NN of IN presumed JJ absentees NNS and CC the DT administration NN of IN their PP$ property NN shall MD also RB apply VV to TO persons NNS who WP , , because IN of IN remoteness NN , , are VBP not RB , , against IN their PP$ wish NN , , in IN a DT position NN to TO express VV their PP$ intention NN . SENT Art NN . SENT 121 RB These DT same JJ provisions NNS shall MD not RB apply VV to TO presumed JJ absentees NNS or CC to TO persons NNS named VVN in IN Article NP 120 CD where WRB they PP left VVD a DT power NN of IN attorney NN adequate JJ for IN the DT purpose NN of IN representing VVG them PP or CC administering VVG their PP$ property NN . SENT It PP shall MD be VB the DT same JJ where WRB a DT spouse NN may MD provide VV sufficiently RB for IN the DT interests NNS concerned VVN through IN application NN of IN the DT matrimonial JJ regime NN and CC particularly RB as IN a DT result NN of IN an DT order NN obtained VVN under IN Articles NNS 217 CD and CC 219 CD , , 1426 CD and CC 1429 CD . SENT CHAPTER NN II NP OF IN DECLARATION NN OF IN ABSENCE NN Art NN . SENT 122 CD When WRB ten CD years NNS have VHP elapsed VVN since IN the DT judgment NN that WDT established VVD the DT presumption NN of IN absence NN , , either CC in IN the DT manner NN prescribed VVN in IN Article NP 112 CD , , or CC on IN the DT occasion NN of IN one CD of IN the DT judicial JJ proceedings NNS provided VVN for IN in IN Articles NNS 217 CD and CC 219 CD , , 1426 CD and CC 1429 CD , , absence NN may MD be VB declared VVN by IN the DT tribunal NN de NP grande NP instance NN , , on IN the DT application NN of IN any DT person NN concerned VVN or CC of IN the DT Government NP procurator's NN office NN . SENT It PP shall MD be VB the DT same JJ where WRB , , failing VVG that DT establishment NN , , the DT person NN will MD have VH ceased VVN to TO appear VV at IN the DT place NN of IN his PP$ domicile NN or CC residence NN , , without IN having VHG been VBN heard VVN from IN for IN more JJR than IN twenty CD years NNS . SENT Art NN . SENT 123 CD Extracts VVZ of IN the DT application NN seeking VVG declaration NN of IN absence NN , , after IN being VBG stamped VVN by IN the DT Government NP procurator's NN office NN , , shall MD be VB published VVN in IN two CD newspapers NNS circulating VVG in IN the DT d NN partement NN or CC , , where WRB appropriate JJ , , in IN the DT country NN of IN the DT domicile NN or CC last JJ residence NN of IN the DT person NN who WP remains VVZ unheard JJ froim NNS . SENT The DT court NN to TO which WDT the DT application NN is VBZ referred VVN may MD in IN addition NN order NN any DT other JJ measure NN giving VVG notice NN thereof RB in IN any DT place NN where WRB it PP deems VVZ it PP proper JJ . SENT Those DT measures NNS must MD be VB carried VVN out RP by IN the DT party NN who WP lodges VVZ the DT application NN . SENT Art NN . SENT 124 CD As IN soon RB as IN the DT extracts VVZ have VH been VBN published VVN , , the DT application NN must MD be VB forwarded VVN , , via IN the DT Government NP procurator NN , , to TO the DT court NN which WDT shall MD decide VV according VVG to TO the DT exhibits NNS and CC documents NNS filed VVN and CC in IN consideration NN of IN the DT conditions NNS of IN the DT disappearance NN as IN well RB as RB of IN the DT circumstances NNS that WDT can MD explain VV the DT lack NN of IN news NN . SENT The DT court NN may MD order VV any DT complementary JJ measure NN of IN investigation NN and CC prescribe VV , , if IN there EX is VBZ occasion NN , , that IN an DT examination NN of IN witnesses NNS be VB made VVN adversarily RB with IN the DT Government NP procurator NN , , where WRB the DT latter NN is VBZ not RB an DT applicant NN , , in IN any DT place NN which WDT it PP deems VVZ proper JJ , , and CC particularly RB in IN the DT arrondissement NN of IN the DT domicile NN , , or CC those DT of IN the DT last JJ residences NNS , , where WRB they PP are VBP different JJ . SENT Art NN . SENT 125 RB An DT originating VVG motion NN may MD be VB lodged VVN as RB early RB as IN the DT year NN preceding VVG the DT expiry NN of IN the DT period NN provided VVD for IN in IN Article NP 122 CD , , paragraphs VVZ 1 CD and CC 2 CD . SENT A DT declaratory JJ judgment NN of IN absence NN shall MD be VB handed VVN down RP at IN least JJS one CD year NN after IN the DT publication NN of IN the DT extracts VVZ of IN that DT petition NN . SENT It PP shall MD establish VV that IN the DT person NN presumed JJ absentee NN has VHZ not RB reappeared VVN during IN the DT periods NNS referred VVD to TO in IN Article NP 122 CD . SENT Art NN . SENT 126 CD A NP motion NN seeking VVG declaration NN of IN absence NN shall MD be VB deemed VVN void NN where WRB the DT absentee NN reappears VVZ or CC the DT date NN of IN his PP$ death NN happens VVZ to TO be VB declared VVN , , before IN the DT handing VVG down RP of IN the DT judgment NN . SENT Art NN . SENT 127 CD Where WRB a DT declaratory JJ judgment NN of IN absence NN is VBZ handed VVN down RP , , extracts VVZ thereof RB shall MD be VB published VVN in IN accordance NN with IN the DT detailed JJ rules NNS provided VVN for IN in IN Article NP 123 CD , , within IN the DT period NN fixed VVN by IN the DT court NN . SENT The DT judgment NN shall MD be VB deemed VVN void NN where WRB it PP is VBZ not RB published VVN within IN that DT period NN . SENT Where WRB the DT judgment NN becomes VVZ res NN judicata NNS , , its PP$ operative JJ part NN shall MD be VB recorded VVN on IN request NN of IN the DT Government NP procurator NN on IN the DT registers NNS of IN death NN of IN the DT place NN of IN domicile NN of IN the DT absentee NN or CC of IN his PP$ last JJ residence NN . SENT Mention VV of IN that DT recording NN shall MD be VB made VVN in IN the DT margin NN of IN the DT registers NNS at IN the DT date NN of IN the DT judgment NN declaring VVG the DT absence NN . SENT it PP shall MD also RB be VB made VVN in IN the DT margin NN of IN the DT record NN of IN birth NN of IN the DT person NN declared VVD absentee NN . SENT Following VVG registration NN , , the DT judgment NN is VBZ enforceable JJ vis FW vis FW third JJ parties NNS who WP may MD only RB obtain VV rectification NN in IN accordance NN with IN Article NP 99 CD . SENT Art NN . SENT 128 CD A NP declaratory JJ judgment NN of IN absence NN involves VVZ , , from IN the DT recording NN , , all PDT the DT effects NNS that IN an DT established VVN death NN of IN the DT absentee NN would MD have VH had VHN . SENT The DT measures NNS taken VVN for IN the DT administration NN of IN the DT property NN of IN the DT absentee NN in IN accordance NN with IN Chapter NN I NN of IN this DT Title NN come VVN to TO an DT end NN , , save VV as RB otherwise RB decided VVN by IN the DT court NN or CC , , failing VVG which WDT , , by IN the DT judge NN who WP ordered VVD them PP . SENT The DT spouse NN of IN the DT absentee NN may MD marry VV again RB . SENT Art NN . SENT 129 CD Where WRB an DT absentee NN reappears VVZ or CC his PP$ existence NN is VBZ proved VVN after IN the DT declaratory JJ judgment NN of IN absence NN , , annulment NN of IN that DT judgment NN may MD be VB sought VVN , , on IN application NN of IN the DT Government NP procurator NN or CC of IN any DT party NN concerned VVN . SENT However RB , , where WRB a DT party NN concerned JJ wishes NNS to TO be VB represented VVN , , he PP may MD do VV so RB only RB through IN a DT counsel NN regularly RB entitled VVN to TO practise VV . SENT The DT operative JJ part NN of IN the DT judgment NN of IN annulment NN shall MD be VB published VVN forthwith RB in IN accordance NN with IN the DT detailed JJ rules NNS provided VVN for IN in IN Article NP 123 CD . SENT Mention NN of IN the DT judgment NN shall MD be VB made VVN , , from IN the DT time NN of IN its PP$ publication NN , , in IN the DT margin NN of IN the DT declaratory JJ judgment NN of IN absence NN and CC on IN any DT register NN which WDT refers VVZ to TO it PP . SENT Art NN . SENT 130 CD An DT absentee NN whose WP$ existence NN is VBZ judicially RB established JJ recovers VVZ his PP$ property NN and CC that IN he PP should MD have VH received VVN during IN his PP$ absence NN in IN the DT condition NN in IN which WDT it PP may MD be VB , , the DT proceeds NNS of IN that DT which WDT has VHZ been VBN transferred VVN or CC the DT property NN acquired VVN by IN way NN of IN investment NN out RP of IN the DT capital NN or CC incomes NNS fallen VVN due JJ to TO him PP . SENT Art NN . SENT 131 CD A NP party NN concerned VVN who WP has VHZ induced VVN a DT declaration NN of IN absence NN by IN fraud NN is VBZ liable JJ to TO restore VV to TO the DT absentee NN whose WP$ existence NN has VHZ been VBN judicially RB established VVN the DT incomes NNS of IN the DT property NN which WDT he PP would MD have VH enjoyed VVN and CC to TO remit VV him PP the DT legal JJ interests NNS from IN the DT day NN of IN receipt NN , , without IN prejudice NN , , where WRB appropriate JJ , , to TO complementary JJ damages NNS . SENT Where WRB fraud NN falls VVZ on IN the DT spouse NN of IN the DT person NN declared VVD absentee NN , , the DT latter NN is VBZ entitled VVN to TO contest VV the DT liquidation NN of IN the DT matrimonial JJ regime NN to TO which WDT the DT declaratory JJ judgment NN of IN absence NN has VHZ put VVN an DT end NN . SENT Art NN . SENT 132 CD Marriage NN of IN an DT absentee NN remains VVZ dissolved VVN , , even RB where WRB a DT declaratory JJ judgment NN of IN absence NN is VBZ annulled VVN . SENT Art NN . SENT 133 CD to TO 143 CD repealed VVN TITRE NN IV NP OF IN MARRIAGE NN CHAPTER NN I NN OF IN THE DT QUALIFICATIONS NNS AND CC CONDITIONS NNS REQUIRED VVN FOR IN CONTRACTING VVG A DT MARRIAGE NN Art NN . SENT 144 CD A NP male NN , , until IN the DT completion NN of IN eighteen CD years NNS , , a DT female NN until IN the DT completion NN of IN fifteen CD years NNS , , may MD not RB contract VV marriage NN . SENT Art NN . SENT 145 CD Act NP n NN 70 CD 1266 CD of IN 23 CD Dec NP . SENT 1970 CD Nevertheless RB , , the DT Government NP procurator NN of IN the DT place NN where WRB a DT marriage NN is VBZ to TO be VB celebrated JJ may MD grant VV dispensations NNS as RB to TO age NN for IN serious JJ reasons NNS . SENT Art NN . SENT 146 RB There EX is VBZ no DT marriage NN where WRB there EX is VBZ no DT consent NN . SENT Art NN . SENT 146 CD 1 CD Act NP n NN 93 CD 1027 CD of IN 24 CD Aug NN . SENT 1993 CD The DT marriage NN of IN a DT French JJ person NN , , even RB where WRB contracted VVN in IN a DT foreign JJ country NN , , requires VVZ his PP$ being NN present NN . SENT Art NN . SENT 147 CD No RB one PP may MD contract VV a DT second JJ marriage NN before IN the DT dissolution NN of IN the DT first JJ . SENT Art NN . SENT 148 CD Act NP of IN 17 CD July NP 1927 CD Minors NP may MD not RB contract VV marriage NN without IN the DT consent NN of IN their PP$ father NN and CC mother NN . SENT in IN case NN of IN disagreement NN between IN the DT father NN and CC mother NN , , that DT division NN implies VVZ consent NN . SENT repealed VVN repealed VVN Art NN . SENT 149 CD Act NP of IN 7 CD Feb NN . SENT 1924 CD Where WRB one CD of IN the DT two CD is VBZ dead JJ or CC is VBZ unable JJ to TO express VV his PP$ or CC her PP$ intention NN , , the DT consent NN of IN the DT other JJ suffices VVZ . SENT It PP is VBZ not RB necessary JJ to TO produce VV the DT records NNS of IN death NN of IN the DT father NN or CC mother NN of IN one CD of IN the DT future JJ spouses NNS where WRB the DT spouse NN or CC the DT father NN and CC mother NN of IN the DT deceased JJ certify VV the DT death NN under IN oath NN . SENT Where WRB the DT present JJ residence NN of IN the DT father NN or CC mother NN is VBZ unknown JJ , , and CC where WRB he PP or CC she PP has VHZ not RB been VBN heard VVN from IN for IN one CD year NN , , the DT marriage NN may MD be VB celebrated JJ if IN the DT child NN and CC the DT parent NN who WP consents NNS make VVP declaration NN of IN this DT under IN oath NN . SENT All DT of IN which WDT shall MD be VB mentioned VVN on IN the DT record NN of IN marriage NN . SENT A DT false JJ oath NN taken VVN in IN the DT cases NNS specified VVN in IN this DT Article NP and CC the DT following VVG Articles NNS of IN this DT Chapter NN shall MD be VB punished VVN by IN the DT penalties NNS enacted VVN by IN Article NP 363 CD Article NN 434 CD 13 CD of IN the DT Penal JJ Code NP . SENT Art NN . SENT 150 CD Act NP of IN 17 CD July NP 1927 CD Where WRB the DT father NN and CC mother NN are VBP dead JJ or CC are VBP unable JJ to TO express VV their PP$ intention NN , , the DT grandfathers NNS and CC grandmothers NNS take VVP their PP$ place NN . SENT where WRB there EX is VBZ disagreement NN between IN a DT grandfather NN and CC a DT grandmother NN in IN the DT same JJ lineage NN , , or CC where WRB there EX is VBZ disagreement NN between IN the DT two CD lineages NNS , , that DT division NN implies VVZ consent NN . SENT Act NN of IN 7 CD Feb NN . SENT 1924 CD Where WRB the DT present JJ residence NN of IN the DT father NN and CC mother NN is VBZ unknown JJ and CC where WRB they PP have VHP not RB been VBN heard VVN from IN for IN one CD year NN , , the DT marriage NN may MD be VB celebrated JJ if IN the DT grandfathers NNS and CC grandmothers NNS , , together RB with IN the DT child NN himself PP , , make VV declaration NN of IN this DT under IN oath NN . SENT It PP shall MD be VB likewise RB where WRB , , if IN one CD or CC several JJ grandfathers NNS or CC grandmothers NNS give VVP their PP$ consent NN to TO the DT marriage NN , , the DT present JJ residence NN of IN the DT other JJ grandfathers NNS or CC grandmothers NNS is VBZ unknown JJ and CC they PP have VHP not RB been VBN heard VVN from IN for IN one CD year NN . SENT Art NN . SENT 151 CD Act NP of IN 2 CD Feb NN . SENT 1933 CD The DT production NN of IN an DT office NN copy NN , , reduced VVN to TO the DT operative JJ part NN , , of IN the DT judgment NN that WDT declared VVD the DT absence NN or CC ordered VVD an DT examination NN of IN witnesses NNS as RB to TO the DT absence NN of IN the DT father NN and CC mother NN , , grandfathers NNS or CC grandmothers NNS of IN one CD of IN the DT future JJ spouses NNS , , is VBZ equivalent JJ to TO the DT production NN of IN their PP$ records NNS of IN death NN in IN the DT cases NNS specified VVN in IN Articles NNS 149 CD , , 150 CD , , 158 CD and CC 159 CD of IN this DT Code NP . SENT Art NN . SENT 152 CD repealed VVN Art NN . SENT 153 CD repealed VVN by IN implication NN Art NN . SENT 154 CD Act NP of IN 2 CD Feb NN . SENT 1933 CD The DT disagreement NN between IN the DT father NN and CC mother NN , , between IN the DT grandfather NN and CC grandmother NN of IN the DT same JJ lineage NN , , or CC between IN ancestors NNS of IN the DT two CD lineages NNS may MD be VB established VVN by IN a DT notaire NN , , requested VVN by IN the DT future JJ spouse NN and CC acting VVG without IN the DT intervention NN of IN a DT second JJ notaire NN or CC of IN witnesses NNS , , who WP will MD give VV notice NN of IN the DT planned JJ union NN to TO the DT one NN or CC those DT of IN the DT father NN , , mother NN or CC ancestors NNS whose WP$ consent NN has VHZ not RB yet RB been VBN gained VVN . SENT The DT instrument NN containing VVG the DT notice NN shall MD state VV the DT first JJ names NNS , , names NNS , , occupations NNS , , domiciles NNS and CC residences NNS of IN the DT future JJ spouses NNS , , of IN their PP$ fathers NNS and CC mothers NNS or CC , , where WRB appropriate JJ , , of IN their PP$ grandparents NNS , , as RB well RB as IN the DT place NN where WRB the DT marriage NN is VBZ to TO be VB celebrated JJ . SENT It PP shall MD also RB state VV a DT declaration NN that IN this DT notice NN is VBZ given VVN for IN purpose NN of IN gaining VVG the DT consent NN not RB yet RB granted VVN and CC that IN , , failing VVG which WDT , , the DT celebration NN of IN the DT marriage NN shall MD be VB proceeded VVN with IN . SENT Art NN . SENT 155 CD Act NP of IN 4 CD Feb NN . SENT 1934 CD The DT disagreement NN of IN the DT ascendants NNS may MD also RB be VB established VVN , , either CC by IN a DT letter NN bearing VVG an DT authenticated VVN signature NN and CC addressed VVD to TO the DT officer NN of IN civil JJ status NN who WP is VBZ to TO celebrate VV the DT marriage NN , , or CC by IN an DT instrument NN drawn VVN up RP in IN the DT form NN provided VVD for IN by IN Article NP 73 CD , , paragraph NN 2 CD . SENT The DT instruments NNS listed VVN in IN this DT Article NP and CC the DT preceding JJ Article NN shall MD be VB stamped VVN and CC registered VVN gratis RB . SENT Art NN . SENT 156 CD Act NP of IN 21 CD June NP 1907 CD An DT officer NN of IN civil JJ status NN who WP celebrates VVZ marriages NNS contracted VVN by IN sons NNS or CC daughters NNS who WP have VHP not RB reached VVN the DT full JJ age NN of IN eighteen CD years NNS , , without IN the DT consent NN of IN the DT fathers NNS and CC mothers NNS , , that WDT of IN the DT grandfathers NNS or CC grandmothers NNS and CC that IN of IN the DT family NN council NN , , when WRB it PP is VBZ required JJ , , being VBG mentioned VVN in IN the DT record NN of IN marriage NN , , shall MD be VB sentenced VVN to TO the DT fine NN specified VVN in IN Article NP 192 CD of IN the DT Civil NP Code NP , , at IN the DT suit NN of IN the DT parties NNS concerned VVN or CC of IN the DT Government NP procurator NN of IN the DT tribunal NN de FW grande JJ instance NN of IN the DT arrondissement NN where WRB the DT marriage NN was VBD celebrated JJ . SENT Art NN . SENT 157 CD Act NP of IN 4 CD Feb NN . SENT 1934 CD An DT officer NN of IN civil JJ status NN who WP has VHZ not RB required VVN proof NN of IN the DT notice NN prescribed VVN by IN Article NP 154 CD shall MD be VB sentenced VVN to TO the DT fine NN provided VVD for IN in IN the DT preceding JJ Article NN . SENT Art NN . SENT 158 CD Act NP of IN 10 CD March NP 1913 CD An DT illegitimate JJ child NN lawfully RB acknowledged VVD who WP has VHZ not RB reached VVN the DT full JJ age NN of IN eighteen CD may MD not RB contract VV a DT marriage NN without IN having VHG gained VVN consent NN of IN the DT one NN of IN his PP$ father NN and CC mother NN who WP acknowledged VVD him PP , , or CC of IN the DT two CD if IN he PP was VBD acknowledged VVN by IN both DT . SENT Act NN of IN 17 CD July NP 1927 CD In IN case NN of IN disagreement NN between IN the DT father NN and CC mother NN , , that DT division NN implies VVZ consent NN . SENT Act NN of IN 7 CD Feb NN . SENT 1924 CD Where WRB one CD of IN them PP is VBZ dead JJ or CC unable JJ to TO express VV his PP$ intention NN , , the DT consent NN of IN the DT other JJ suffices VVZ . SENT repealed VVN Art NN . SENT 159 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD Where WRB there EX are VBP no DT father NN , , or CC mother NN , , or CC grandfathers NNS , , or CC grandmothers NNS , , or CC where WRB all DT are VBP unable JJ to TO express VV their PP$ intention NN , , minors NNS under IN eighteen CD years NNS may MD not RB contract VV marriage NN without IN the DT consent NN of IN the DT family NN council NN . SENT An DT illegitimate JJ child NN who WP was VBD not RB acknowledged VVN , , and CC one CD who WP , , after IN being VBG so RB , , lost VVD his PP$ father NN and CC mother NN or CC whose WP$ father NN and CC mother NN cannot NN express VVP their PP$ intention NN , , may MD marry VV before IN the DT age NN of IN eighteen CD years NNS only RB after IN gaining VVG the DT consent NN of IN the DT family NN council NN . SENT Art NN . SENT 160 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD Where WRB the DT present JJ residence NN of IN those DT of IN the DT ascendants NNS of IN a DT minor JJ under IN eighteen CD of IN whom WP the DT death NN is VBZ not RB established VVN is VBZ unknown JJ and CC where WRB the DT ascendants NNS have VHP not RB been VBN heard VVN from IN for IN one CD year NN , , the DT minor NN shall MD make VV a DT declaration NN of IN it PP under IN oath NN before IN the DT judge NN of IN guardianships NNS of IN his PP$ residence NN , , with IN the DT assistance NN of IN his PP$ clerk NN , , in IN his PP$ chambers NNS , , and CC the DT judge NN of IN guardianships NNS shall MD place VV it PP on IN record NN . SENT The DT judge NN of IN guardianships NNS shall MD give VV notice NN of IN that DT oath NN to TO the DT family NN council NN which WDT shall MD rule VV on IN the DT application NN for IN authorization NN to TO marry VV . SENT However RB , , the DT minor NN may MD give VV the DT oath NN directly RB in IN the DT presence NN of IN the DT members NNS of IN the DT family NN council NN . SENT Art NN . SENT 161 CD In IN direct JJ lineage NN , , marriage NN is VBZ prohibited VVN between IN all DT ascendants NNS and CC descendants NNS , , legitimate JJ or CC illegitimate JJ , , and CC the DT relatives NNS by IN marriage NN in IN the DT same JJ lineage NN . SENT Art NN . SENT 162 CD Act NP of IN 1 CD July NP 1914 CD In IN collateral NN lineage NN , , marriage NN is VBZ prohibited VVN between IN legitimate JJ or CC illegitimate JJ brother NN and CC sister NN . SENT repealed VVN Art NN . SENT 163 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD Marriage NN is VBZ further RBR prohibited VVN between IN uncle NN and CC niece NN , , aunt NN and CC nephew NN , , whether IN the DT relationship NN be VB legitimate JJ or CC illegitimate JJ . SENT Art NN . SENT 164 CD Act NP of IN 10 CD March NP 1938 CD Nevertheless RB , , the DT President NP of IN the DT Republic NP may MD for IN serious JJ reasons NNS remove VV the DT prohibitions NNS entered VVD . SENT 1 CD in IN Article NP 161 CD as RB to TO marriages NNS between IN relatives NNS by IN marriage NN in IN direct JJ lineage NN where WRB the DT person NN who WP created VVD the DT relationship NN is VBZ dead JJ . SENT 2 LS repealed VVN 3 CD in IN Article NP 163 CD as RB to TO marriages NNS between IN uncle NN and CC niece NN , , aunt NN and CC nephew NN . SENT CHAPTER NN II NP OF IN THE DT FORMALITIES NNS RELATING VVG TO TO THE DT CELEBRATION NN OF IN MARRIAGE NN Art NN . SENT 165 CD Act NP of IN 21 CD June NP 1907 CD Marriage NN shall MD be VB celebrated JJ publicly RB before IN the DT officer NN of IN civil JJ status NN of IN the DT commune NN where WRB one CD of IN the DT spouses NNS has VHZ his PP$ domicile NN or CC his PP$ residence NN at IN the DT date NN of IN the DT public JJ notice NN provided VVN for IN by IN Article NP 63 CD and CC , , in IN the DT event NN of IN dispensation NN of IN public JJ notice NN , , at IN the DT date NN of IN the DT dispensation NN provided VVD for IN by IN Article NP 169 CD below RB . SENT Art NN . SENT 166 CD Ord NP . SENT n NN 58 CD 779 CD of IN 23 CD Aug NN . SENT 1958 RB The DT public JJ notice NN required VVN by IN Article NP 63 CD shall MD be VB made VVN at IN the DT town NN hall NN of IN the DT place NN of IN celebration NN and CC at IN that DT of IN the DT place NN where WRB each DT one NN of IN the DT future JJ spouses NNS has VHZ his PP$ domicile NN or CC , , in IN the DT absence NN of IN domicile NN , , his PP$ residence NN . SENT Art NN . SENT 167 CD and CC 168 CD repealed VVN Art NN . SENT 169 CD Act NP of IN 8 CD April NP 1927 CD The DT Government NN procurator NN of IN the DT arrondissement NN in IN which WDT the DT marriage NN is VBZ to TO be VB celebrated JJ may MD , , for IN serious JJ reasons NNS , , dispense VVP with IN public JJ notice NN and CC with IN any DT period NN or CC only RB with IN the DT bill NN sticking VVG of IN the DT notice NN . SENT Ord NP . SENT n NN 45 CD 2720 CD of IN 2 CD Nov NP . SENT 1945 CD He PP may MD also RB , , in IN exceptional JJ cases NNS , , dispense VVP the DT future JJ spouses NNS , , or CC one CD of IN them PP only RB , , with IN the DT handing VVG over RP of IN the DT medical JJ certificate NN required VVN by IN Article NP 63 CD , , paragraph NN 2 CD . SENT The DT medical JJ certificate NN may MD not RB be VB demanded VVN to TO any DT of IN the DT future JJ spouses NNS in IN case NN of IN imminent JJ danger NN of IN death NN of IN one CD of IN them PP , , as RB provided VVN for IN in IN Article NP 75 CD , , paragraph NN 3 CD , , of IN this DT Code NP . SENT Art NN . SENT 170 CD Act NP of IN 21 CD June NP 1907 CD A DT marriage NN contracted VVD in IN a DT foreign JJ country NN between IN French JJ persons NNS and CC between IN a DT French JJ person NN and CC an DT alien NN is VBZ valid JJ where WRB it PP is VBZ celebrated JJ in IN the DT forms NNS in IN use NN in IN that DT country NN , , provided VVD it PP was VBD preceded VVN by IN the DT public JJ notice NN prescribed VVN by IN Article NP 63 CD , , in IN the DT Title NP Of IN Records NPS of IN Civil NP Status NN , , and CC the DT French JJ person NN did VVD not RB commit VV a DT breach NN of IN the DT provisions NNS contained VVN in IN the DT preceding JJ Chapter NN . SENT Act NN of IN 29 CD Nov NP . SENT 1901 CD It PP shall MD be VB likewise RB as RB regards VVZ a DT marriage NN contracted VVD in IN a DT foreign JJ country NN between IN a DT Frenchman NN and CC an DT alien JJ Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD , , where WRB it PP was VBD celebrated JJ by IN diplomatic JJ agents NNS or CC by IN consuls NNS of IN France NP , , in IN accordance NN with IN French JJ legislation NN . SENT Nevertheless RB , , diplomatic JJ agents NNS or CC consuls NNS may MD only RB proceed VV to TO the DT celebration NN of IN the DT marriage NN between IN a DT Frenchman NN and CC an DT alien JJ woman NN in IN the DT countries NNS designated VVN by IN decrees NNS of IN the DT President NP of IN the DT Republic NP . SENT Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD Except IN in IN case NN of IN impossibility NN or CC where WRB it PP appears VVZ , , upon IN examination NN of IN the DT file NN , , that WDT said VVD hearing NN is VBZ not RB necessary JJ with IN respect NN to TO Article NP 146 CD , , diplomatic JJ or CC consular JJ agents NNS shall MD , , for IN the DT implementation NN of IN paragraphs NNS 1 CD and CC 2 CD of IN this DT Article NN , , proceed VV to TO hearing VVG jointly RB the DT future JJ spouses NNS or CC spouses NNS , , according VVG to TO the DT circumstances NNS , , either CC at IN the DT time NN of IN the DT request NN for IN public JJ notice NN under IN Article NP 63 CD , , or CC at IN the DT time NN of IN the DT issuing VVG of IN the DT certificate NN of IN marriage NN , , or CC in IN case NN of IN a DT request NN for IN registration NN of IN the DT marriage NN by IN a DT French JJ national JJ . SENT Diplomatic JJ or CC consular JJ agents NNS may MD , , if IN necessary JJ , , require VVP to TO have VH a DT talk NN with IN either DT one NN of IN the DT spouses NNS or CC future JJ spouses NNS . SENT They PP may MD also RB demand VV that IN the DT spouses NNS or CC future JJ spouses NNS be VB present JJ on IN the DT occasion NN of IN each DT one NN of IN the DT above RB mentioned VVN formalities NNS . SENT Art NN . SENT 170 CD 1 CD Act NP n NN 93 CD 1027 CD of IN 24 CD Aug NN . SENT 1993 CD Where WRB there EX is VBZ serious JJ circumstantial JJ evidence NN giving VVG rise NN to TO the DT presumption NN that IN a DT marriage NN celebrated VVD abroad RB incurs VVZ annulment NN under IN Articles NNS 184 CD , , deleted VVN , , Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD or CC 191 CD , , the DT diplomatic JJ or CC consular JJ agent NN in IN charge NN of IN the DT registration NN of IN the DT record NN shall MD immediately RB inform VV the DT Government NP procurator's NN office NN and CC defer VV the DT registration NN . SENT The DT Government NP procurator NN shall MD rule VV upon IN the DT registration NN . SENT Where WRB he PP claims VVZ annulment NN of IN the DT marriage NN , , he PP shall MD order VV that IN the DT registration NN be VB limited VVN to TO the DT only JJ purpose NN of IN referring VVG the DT matter NN to TO the DT court NN . SENT until IN the DT judgement NN of IN the DT latter NN , , an DT office NN copy NN of IN the DT registered JJ record NN may MD be VB issued VVN only RB to TO judicial JJ authorities NNS or CC with IN the DT authorization NN of IN the DT Government NP procurator NN Where WRB the DT Government NP procurator NN did VVD not RB come VV to TO a DT decision NN within IN a DT period NN of IN six CD months NNS after IN the DT reference NN , , the DT diplomatic JJ or CC consular JJ agent NN shall MD register VV the DT record NN . SENT . SENT Art NN . SENT 171 CD Act NP n NN 59 CD 1583 CD of IN 31 CD Dec NP . SENT 1959 CD The NP President NP of IN the DT Republic NP may MD , , for IN grave JJ reasons NNS , , authorize VV the DT celebration NN of IN the DT marriage NN where WRB one CD of IN the DT future JJ spouses NNS is VBZ dead JJ after IN the DT completion NN of IN the DT official JJ formalities NNS indicating VVG unequivocally RB his PP$ or CC her PP$ consent NN . SENT In IN this DT case NN , , the DT effects NNS of IN the DT marriage NN date NN back RB to TO the DT day NN preceding VVG that IN of IN the DT death NN of IN the DT spouse NN . SENT However RB , , this DT marriage NN may MD not RB involve VV any DT right NN of IN intestate JJ succession NN to TO the DT benefit NN of IN the DT survivor NN and CC no DT matrimonial JJ regime NN is VBZ considered VVN to TO have VH existed VVN between IN the DT spouses NNS CHAPTER NN III NP OF IN FORMAL JJ OBJECTIONS NNS TO TO MARRIAGE NN Art NN . SENT 172 CD The DT right NN to TO interpose VV an DT objection NN to TO the DT celebration NN of IN a DT marriage NN belongs VVZ to TO the DT person NN united VVN by IN marriage NN with IN one CD of IN the DT two CD contracting NN parties NNS . SENT Art NN . SENT 173 CD Act NP of IN 9 CD Aug NN . SENT 1919 CD The DT father NN , , the DT mother NN and CC , , in IN the DT absence NN of IN the DT father NN and CC the DT mother NN , , the DT grandfathers NNS and CC grandmothers NNS may MD interpose VV an DT objection NN to TO the DT marriage NN of IN their PP$ children NNS and CC descendants NNS , , even RB of IN full JJ age NN . SENT After IN a DT judicial JJ withdrawal NN of IN an DT objection NN to TO a DT marriage NN interposed VVN by IN an DT ascendant NN , , no DT new JJ objection NN interposed VVN by IN an DT ascendant NN is VBZ admissible JJ and CC may MD delay VV the DT celebration NN . SENT Art NN . SENT 174 CD In IN the DT absence NN of IN any DT ascendant NN , , the DT brother NN or CC sister NN , , the DT uncle NN or CC aunt NN , , a DT cousin NN german NN , , of IN full JJ age NN , , may MD interpose VV an DT objection NN only RB in IN the DT following VVG two CD instances NNS . SENT 1 CD Act NP of IN 2 CD Feb NN . SENT 1933 CD Where WRB the DT consent NN of IN the DT family NN council NN , , required VVN by IN Article NP 159 CD , , was VBD not RB gained VVN . SENT 2 CD Where WRB the DT objection NN is VBZ based VVN upon IN the DT state NN of IN insanity NN of IN the DT future JJ spouse NN . SENT that DT objection NN , , the DT withdrawal NN of IN which WDT may MD be VB unconditionally RB decided VVN by IN the DT court NN , , may MD be VB accepted VVN only RB on IN condition NN for IN the DT objecting VVG party NN to TO induce VV a DT guardianship NN of IN adults NNS and CC gain VV a DT decision NN thereupon RB within IN the DT period NN fixed VVN by IN judgment NN . SENT Art NN . SENT 175 CD In IN the DT two CD cases NNS provided VVN for IN by IN the DT preceding JJ Article NN , , the DT guardian NN or CC curator NN may MD not RB , , during IN the DT continuance NN of IN the DT guardianship NN or CC curatorship NN , , interpose VV an DT objection NN , , unless IN he PP is VBZ so RB authorized VVN by IN the DT family NN council NN , , which WDT he PP may MD convene VV . SENT Art NN . SENT 175 CD 1 CD Act NP n NN 93 CD 1027 CD of IN 24 CD Aug NN . SENT 1993 CD The NP Government NP procurator NN may MD interpose VV an DT objection NN in IN the DT cases NNS in IN which WDT he PP might MD apply VV for IN annulment NN of IN a DT marriage NN . SENT Art NN . SENT 175 CD 2 CD Act NP n NN 2003 CD 1119 CD of IN 26 CD Nov NP . SENT 2003 CD Where WRB there EX is VBZ serious JJ circumstantial JJ evidence NN giving VVG rise NN , , possibly RB after IN holding VVG the DT hearings NNS provided VVN for IN in IN Article NP 63 CD , , to TO the DT presumption NN that IN the DT contemplated JJ marriage NN may MD be VB annulled VVN under IN Article NP 146 CD , , the DT officer NN of IN civil JJ status NN may MD refer VV the DT matter NN to TO the DT Government NP procurator NN . SENT He PP shall MD inform VV of IN it PP the DT persons NNS concerned VVN . SENT The DT Government NP procurator NN shall MD , , within IN fifteen CD days NNS after IN the DT matter NN has VHZ been VBN brought VVN before IN him PP , , either CC let VV the DT marriage NN proceed VV , , or CC interpose VV an DT objection NN to TO it PP , , or CC decide VV that IN the DT celebration NN must MD be VB stayed VVN , , pending VVG the DT inquiry NN he PP initiates VVZ . SENT He PP shall MD make VV his PP$ reasoned VVN decision NN known VVN to TO the DT officer NN of IN civil JJ status NN and CC to TO the DT persons NNS concerned VVN . SENT The DT duration NN of IN the DT stay NN decided VVD by IN the DT Government NP procurator NN may MD not RB exceed VV one CD month NN renewable JJ once RB by IN a DT specially RB reasoned VVN decision NN . SENT After IN expiry NN of IN the DT stay NN , , the DT Government NP procurator NN shall MD make VV known VVN to TO the DT officer NN of IN civil JJ status NN by IN a DT reasoned VVN decision NN whether IN he PP allows VVZ the DT celebration NN of IN the DT marriage NN or CC objects NNS to TO it PP . SENT Either CC of IN the DT future JJ spouses NNS , , even RB minor JJ , , may MD challenge VV the DT decision NN to TO stay VV or CC its PP$ renewal NN before IN the DT president NN of IN the DT tribunal NN de NP grande NP instance NN who WP shall MD give VV judgment NN within IN ten CD days NNS . SENT The DT judgment NN of IN the DT president NN of IN the DT tribunal NN de NP grande NP instance NN may MD be VB referred VVN to TO the DT court NN of IN appeal NN which WDT shall MD decide VV within IN the DT same JJ period NN . SENT Art NN . SENT 176 CD Act NP of IN 8 CD April NP 1927 CD An DT instrument NN of IN objection NN shall MD state VV the DT capacity NN in IN which WDT the DT party NN objecting VVG is VBZ entitled VVN to TO do VV so RB . SENT it PP shall MD contain VV an DT election NN of IN domicile NN at IN the DT place NN where WRB the DT marriage NN is VBZ to TO be VB celebrated JJ . SENT it PP shall MD also RB contain VV the DT reasons NNS of IN the DT objection NN and CC reproduce VV the DT text NN of IN law NN on IN which WDT the DT objection NN is VBZ based VVN . SENT the DT whole NN on IN pain NN of IN nullity NN and CC of IN disqualification NN of IN the DT ministerial JJ officer NN who WP has VHZ signed VVN the DT instrument NN containing VVG the DT objection NN . SENT Act NN of IN 15 CD March NP 1933 CD After IN one CD full JJ year NN , , the DT instrument NN of IN opposition NN ceases VVZ to TO be VB effective JJ . SENT It PP may MD be VB renewed VVN , , except IN in IN the DT case NN referred VVD to TO in IN Article NP 173 CD , , paragraph NN 2 CD , , above RB . SENT Art NN . SENT 177 CD Act NP of IN 15 CD March NP 1933 CD The DT tribunal NN de NP grande NP instance NN shall MD decide VV within IN ten CD days NNS on IN an DT application NN for IN withdrawal NN filed VVN by IN the DT future JJ spouses NNS , , even RB minors NNS . SENT Art NN . SENT 178 CD Act NP of IN 15 CD March NP 1933 CD If IN there EX is VBZ an DT appeal NN it PP shall MD be VB disposed VVN of IN within IN ten CD days NNS , , and CC , , where WRB the DT judgment NN under IN appeal NN has VHZ granted VVN the DT withdrawal NN of IN the DT objection NN , , the DT court NN shall MD decide VV even RB of IN its PP$ own JJ motion NN . SENT Art NN . SENT 179 CD Where WRB an DT objection NN is VBZ set VVN aside RB , , the DT parties NNS objecting VVG may NN be VB ordered VVN to TO pay VV damages NNS , , with IN the DT exception NN however RB of IN the DT ascendants NNS . SENT Act NN of IN 20 CD June NP 1896 CD An DT application NN for IN retrial NN does VVZ not RB lie VV against IN a DT default NN judgment NN which WDT sets VVZ aside RP an DT objection NN to TO marriage NN . SENT CHAPTER NN IV NP OF IN APPLICATIONS NNS FOR IN THE DT ANNULMENT NN OF IN A DT MARRIAGE NN Art NN . SENT 180 CD A NP marriage NN contracted VVD without IN the DT free JJ consent NN of IN the DT two CD spouses NNS , , or CC of IN one CD of IN them PP , , may MD be VB attacked VVN only RB by IN the DT spouses NNS or CC by IN the DT one NN whose WP$ consent NN was VBD not RB free JJ . SENT Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD Where WRB there EX was VBD a DT mistake NN as RB to TO the DT person NN , , or CC as RB to TO essential JJ capacities NNS of IN the DT person NN , , the DT other JJ spouse NN may MD apply VV for IN annulment NN of IN the DT marriage NN . SENT Art NN . SENT 181 CD In IN the DT case NN of IN the DT preceding JJ Article NN , , the DT application NN for IN annulment NN may MD no RB longer RBR be VB admissible JJ whenever WRB there EX has VHZ been VBN continuous JJ cohabitation NN for IN six CD months NNS since IN the DT spouse NN acquired VVD his PP$ or CC her PP$ full JJ freedom NN or CC the DT mistake NN was VBD discovered VVN by IN him PP or CC her PP$ . SENT Art NN . SENT 182 CD A NP marriage NN contracted VVD without IN the DT consent NN of IN the DT father NN and CC mother NN , , of IN the DT ascendants NNS or CC of IN the DT family NN council NN , , where WRB this DT consent NN was VBD necessary JJ , , may MD be VB attacked VVN only RB by IN those DT whose WP$ consent NN was VBD required VVN , , or CC by IN the DT one NN of IN the DT spouses NNS who WP needed VVD that DT consent NN . SENT Art NN . SENT 183 CD An DT application NN for IN annulment NN may MD no RB longer RBR be VB instituted VVN by IN the DT spouses NNS or CC the DT parents NNS whose WP$ consent NN was VBD required VVN , , whenever WRB the DT marriage NN was VBD expressly RB or CC tacitly RB approved VVN by IN those DT whose WP$ consent NN was VBD necessary JJ , , or CC where WRB one CD year NN has VHZ elapsed VVN without IN claim NN on IN their PP$ part NN since IN they PP have VHP had VHD knowledge NN of IN the DT marriage NN . SENT Nor CC may MD it PP be VB instituted VVN by IN the DT spouse NN where WRB one NN year NN has VHZ elapsed VVN without IN claim NN on IN his PP$ or CC her PP$ part NN , , since IN he PP or CC she PP has VHZ reached VVN the DT competent JJ age NN to TO consent VV to TO the DT marriage NN by IN himself PP or CC herself PP . SENT Art NN . SENT 184 CD Act NP of IN 19 CD Feb NN . SENT 1933 CD A NP marriage NN contracted VVD in IN violation NN of IN the DT provisions NNS contained VVN in IN Articles NNS 144 CD , , 146 CD , , 146 CD 1 CD , , Act NP n NN 93 CD 1027 CD of IN 24 CD Aug NN . SENT 1993 CD 147 CD , , 161 CD , , 162 CD and CC 163 CD may MD be VB attacked VVN either RB by IN the DT spouses NNS themselves PP , , or CC by IN all PDT those DT who WP have VHP an DT interest NN therein RB , , or CC by IN the DT Government NP procurator NN . SENT Art NN . SENT 185 CD However RB , , a DT marriage NN contracted VVN by IN spouses NNS who WP did VVD not RB yet RB have VH the DT required JJ age NN , , or CC of IN whom WP one NN of IN the DT two CD had VHD not RB reached VVN that IN age NN , , may MD no RB longer RBR be VB attacked VVN . SENT 1 CD where WRB six CD months NNS have VHP elapsed VVN since IN that DT spouse NN or CC the DT spouses NNS have VHP reached VVN the DT competent JJ age NN . SENT 2 CD where WRB the DT wife NN , , who WP did VVD not RB have VH that DT age NN , , has VHZ conceived VVN before IN six CD months NNS elapsed VVN . SENT Art NN . SENT 186 CD The DT father NN , , the DT mother NN , , the DT ascendants NNS and CC the DT family NN when WRB they PP have VHP consented VVN to TO the DT marriage NN contracted VVD in IN the DT circumstances NNS referred VVD to TO in IN the DT preceding JJ Article NN , , may MD not RB be VB admitted VVN to TO apply VV for IN its PP$ annulment NN . SENT Art NN . SENT 187 CD In IN all DT cases NNS in IN which WDT an DT application NN for IN annulment NN may MD be VB instituted VVN , , in IN accordance NN with IN Article NP 184 CD , , by IN all PDT those DT who WP have VHP an DT interest NN therein RB , , it PP may MD not RB be VB instituted VVN by IN collateral NN relatives NNS , , or CC by IN the DT children NNS born VVN of IN another DT marriage NN , , in IN the DT lifetime NN of IN the DT spouses NNS , , unless IN they PP have VHP a DT vested JJ and CC present JJ interest NN . SENT Art NN . SENT 188 CD A DT spouse NN to IN whose WP$ detriment NN a DT second JJ marriage NN was VBD contracted VVN , , may MD apply VV for IN its PP$ annulment NN even RB during IN the DT lifetime NN of IN the DT spouse NN who WP was VBD bound VVN to TO him PP or CC her PP$ . SENT Art NN . SENT 189 CD Where WRB the DT new JJ spouses NNS raise VVP the DT invalidity NN of IN the DT first JJ marriage NN , , the DT validity NN or CC invalidity NN of IN that DT marriage NN must MD be VB judged VVN beforehand RB . SENT Art NN . SENT 190 CD In IN all DT cases NNS to TO which WDT Article NP 184 CD applies VVZ and CC under IN the DT modifications NNS contained VVN in IN Article NP 185 CD , , the DT Government NP procurator NN may MD and CC shall MD apply VV for IN annulment NN of IN the DT marriage NN , , during IN the DT lifetime NN of IN the DT spouses NNS , , and CC have VH them PP ordered VVN to TO separate VV . SENT Art NN . SENT 190 CD 1 CD repealed VVN Art NN . SENT 191 CD A NP marriage NN which WDT was VBD not RB publicly RB contracted VVN and CC which WDT was VBD not RB celebrated JJ before IN the DT competent JJ public JJ officer NN , , may MD be VB attacked VVN by IN the DT spouses NNS themselves PP , , by IN the DT father NN and CC mother NN , , by IN the DT ascendants NNS and CC by IN all DT those NNS having VHG a DT vested JJ and CC present JJ interest NN , , as RB well RB as RB by IN the DT Government NP procurator NN . SENT Art NN . SENT 192 CD Act NP of IN 21 CD June NP 1907 CD Where WRB a DT marriage NN was VBD not RB preceded VVN by IN the DT public JJ notice NN required VVN or CC where WRB the DT dispensations NNS allowed VVN by IN law NN were VBD not RB gained VVN , , or CC where WRB the DT intervals NNS prescribed VVN between IN the DT public JJ notice NN and CC the DT celebration NN were VBD not RB observed VVN , , the DT Government NP procurator NN shall MD have VH the DT public JJ officer NN fined VVD an DT amount NN not RB exceeding VVG 30 CD francs NNS 4 CD , , 5 CD Act NP n NN 46 CD 2154 CD of IN 7 CD Oct NP . SENT 1946 CD and CC shall MD have VH the DT contracting NN parties NNS , , or CC those DT under IN whose WP$ authority NN they PP acted VVD , , fined VVN in IN proportion NN to TO their PP$ wealth NN . SENT Art NN . SENT 193 CD The NP penalties NNS stated VVN in IN the DT preceding JJ Article NN are VBP incurred VVN by IN the DT persons NNS therein RB named VVN for IN any DT infringement NN of IN the DT rules NNS prescribed VVN by IN Article NP 165 CD , , even RB if IN those DT infringements NNS are VBP not RB held VVN to TO be VB sufficient JJ to TO involve VV annulment NN of IN the DT marriage NN . SENT Art NN . SENT 194 CD No RB one PP may MD claim VV the DT quality NN of IN spouse NN and CC the DT civil JJ effects NNS of IN marriage NN unless IN he PP or CC she PP produces VVZ a DT record NN of IN celebration NN entered VVN on IN the DT register NN of IN civil JJ status NN . SENT except IN in IN the DT cases NNS provided VVN for IN by IN Article NP 46 CD , , in IN the DT Title NP Of IN Records NPS of IN Civil NP Status NN . SENT Art NN . SENT 195 CD Apparent JJ status NN may MD not RB exempt VV the DT alleged JJ spouses NNS who WP respectively RB avail VV themselves PP of IN it PP from IN producing VVG the DT record NN of IN celebration NN of IN the DT marriage NN before IN the DT officer NN of IN civil JJ status NN . SENT Art NN . SENT 196 CD Where WRB there EX is VBZ an DT apparent JJ status NN and CC the DT record NN of IN celebration NN of IN the DT marriage NN before IN the DT officer NN of IN civil JJ status NN is VBZ produced VVN , , the DT spouses NNS have VHP respectively RB no RB standing VVG to TO sue VV for IN the DT annulment NN of IN that DT record NN . SENT Art NN . SENT 197 CD Where WRB , , however RB , , in IN the DT case NN of IN Articles NNS 194 CD and CC 195 CD , , there EX are VBP children NNS born VVN of IN two CD persons NNS who WP have VHP openly RB lived VVN as IN husband NN and CC wife NN and CC who WP are VBP both DT dead JJ , , the DT legitimacy NN of IN the DT children NNS may MD not RB be VB contested VVN on IN the DT sole JJ pretext NN of IN failure NN to TO produce VV the DT record NN of IN celebration NN , , whenever WRB legitimacy NN is VBZ proved VVN by IN an DT apparent JJ status NN which WDT is VBZ not RB contradicted VVN by IN the DT record NN of IN birth NN . SENT Art NN . SENT 198 CD Where WRB the DT proof NN of IN the DT lawful JJ celebration NN of IN a DT marriage NN is VBZ established VVN by IN the DT outcome NN of IN a DT criminal JJ procedure NN , , the DT entry NN of IN the DT judgment NN on IN the DT registers NNS of IN civil JJ status NN secures VVZ for IN the DT marriage NN , , from IN the DT day NN of IN its PP$ celebration NN , , all DT civil JJ effects NNS , , both CC as RB regards VVZ the DT spouses NNS and CC the DT children NNS born VVN of IN that DT marriage NN . SENT Art NN . SENT 199 CD Where WRB the DT spouses NNS or CC one CD of IN them PP have VHP died VVN without IN having VHG discovered VVN fraud NN , , a DT criminal JJ action NN may MD be VB brought VVN by IN all PDT those DT who WP have VHP an DT interest NN in IN having VHG the DT marriage NN declared VVD valid JJ , , and CC by IN the DT Government NP procurator NN . SENT Art NN . SENT 200 CD Where WRB a DT public JJ officer NN is VBZ dead JJ when WRB fraud NN is VBZ discovered VVN , , a DT civil JJ action NN may MD be VB instituted VVN against IN his PP$ heirs NNS , , by IN the DT Government NP procurator NN , , in IN the DT presence NN of IN the DT interested JJ parties NNS and CC upon IN their PP$ accusation NN . SENT Art NN . SENT 201 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD A NP marriage NN which WDT has VHZ been VBN declared VVN void NN produces VVZ , , nevertheless RB , , its PP$ effects NNS with IN regard NN to TO the DT spouses NNS , , where WRB it PP was VBD contracted VVN in IN good JJ faith NN . SENT Where WRB good JJ faith NN exists VVZ only RB on IN the DT part NN of IN one CD spouse NN , , the DT marriage NN produces VVZ its PP$ effects NNS only RB in IN favour NN of IN that DT spouse NN . SENT Art NN . SENT 202 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD It PP also RB produces VVZ its PP$ effects NNS with IN regard NN to TO the DT children NNS , , even RB though IN none NN of IN the DT spouses NNS was VBD in IN good JJ faith NN . SENT Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD The DT judge NN shall MD rule VV on IN the DT exercise NN of IN parental JJ authority NN as IN in IN matters NNS of IN divorce NN . SENT CHAPTER NN V NN OF IN THE DT OBLIGATIONS NNS ARISING VVG FROM IN MARRIAGE NN Art NN . SENT 203 CD The NP spouses NNS contract NN together RB , , by IN the DT sole JJ fact NN of IN marriage NN , , the DT obligation NN of IN feeding NN , , supporting VVG and CC educating VVG their PP$ children NNS . SENT Art NN . SENT 204 CD A NP child NN has VHZ no DT claim NN against IN his PP$ father NN and CC mother NN for IN a DT settlement NN in IN view NN of IN marriage NN or CC otherwise RB . SENT Art NN . SENT 205 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD Children NNS owe VVP maintenance NN to TO their PP$ father NN and CC mother NN or CC other JJ ascendants NNS who WP are VBP in IN need NN . SENT Art NN . SENT 206 CD Act NP of IN 9 CD Aug NN . SENT 1919 CD Sons NPS and CC daughters NNS in IN law NN owe VVP likewise RB and CC under IN the DT same JJ circumstances NNS , , maintenance NN to TO their PP$ father NN and CC mother NN in IN law NN , , but CC this DT obligation NN ceases VVZ where WRB the DT spouse NN owing VVG to TO whom WP the DT affinity NN existed VVD and CC the DT children NNS born VVN of IN his PP$ or CC her PP$ union NN with IN the DT other JJ spouse NN are VBP dead JJ . SENT Art NN . SENT 207 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD The NP obligations NNS resulting VVG from IN these DT provisions NNS are VBP reciprocal JJ . SENT Nevertheless RB , , where WRB the DT creditor NN has VHZ failed VVN seriously RB to TO fulfil VV his PP$ obligations NNS towards IN the DT debtor NN , , the DT judge NN may MD discharge VV the DT latter NN from IN all DT or CC part NN of IN the DT maintenance NN obligations NNS . SENT Art NN . SENT 207 CD 1 CD repealed VVN Art NN . SENT 208 CD Act NP n NN 73 CD 2 CD of IN 3 CD Jan NP . SENT 1972 CD Maintenance NN shall MD be VB granted VVN only RB in IN proportion NN to TO the DT needs NNS of IN the DT one NN who WP claims VVZ it PP , , and CC to TO the DT wealth NN of IN the DT one NN who WP owes VVZ it PP . SENT The DT judge NN may MD , , even RB of IN his PP$ own JJ motion NN and CC according VVG to TO the DT circumstances NNS of IN the DT case NN , , couple NN the DT periodical JJ payments NNS with IN a DT revision NN clause NN permitted VVN by IN the DT law NN in IN force NN . SENT Art NN . SENT 209 CD Where WRB the DT one NN who WP provides VVZ or CC the DT one NN who WP receives VVZ maintenance NN is VBZ placed VVN again RB in IN such PDT a DT condition NN that IN the DT one NN can MD no RB longer RB give VV it PP , , or CC the DT other JJ is VBZ no RB longer RBR in IN need VVP of IN it PP , , a DT discharge NN or CC reduction NN of IN it PP may MD be VB applied VVN for IN . SENT Art NN . SENT 210 CD Where WRB the DT person NN who WP must MD provide VV maintenance NN establishes VVZ that IN he PP cannot NN make VV periodical JJ payments NNS , , the DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD may MD , , with IN full JJ knowledge NN of IN the DT facts NNS , , order NN that IN he PP shall MD receive VV in IN his PP$ home NN , , feed VV and CC maintain VV the DT one NN to TO whom WP he PP owes VVZ maintenance NN . SENT Art NN . SENT 211 CD The DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD may MD also RB decide VV whether IN the DT father NN or CC mother NN who WP will MD offer VV to TO receive VV , , feed VV and CC maintain VV in IN his PP$ or CC her PP$ home NN the DT child NN to TO which WDT he PP or CC she PP owes VVZ maintenance NN should MD in IN that DT case NN be VB exempted VVN from IN periodical JJ payments NNS . SENT CHAPTER NN VI NP OF IN THE DT RESPECTIVE JJ RIGHTS NNS AND CC DUTIES NNS OF IN THE DT SPOUSES NNS Art NN . SENT 212 CD Act NP of IN 22 CD Sept NP . SENT 1942 CD Spouses NNS mutually RB owe VVP each DT other JJ fidelity NN , , support NN and CC assistance NN . SENT Art NN . SENT 213 CD Act NP n NN 70 CD 459 CD of IN 4 CD June NP 1970 CD Spouses NNS are VBP responsible JJ together RB for IN the DT material NN and CC moral JJ guidance NN of IN the DT family NN . SENT They PP shall MD provide VV for IN the DT education NN of IN the DT children NNS and CC shall MD prepare VV their PP$ future NN . SENT Art NN . SENT 214 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Where WRB an DT ante NN nuptial JJ agreement NN does VVZ not RB regulate VV the DT contributions NNS of IN the DT spouses NNS to TO the DT marriage NN expenses NNS , , they PP shall MD contribute VV to TO them PP in IN proportion NN to TO their PP$ respective JJ means NNS . SENT repealed VVN repealed VVD Where WRB one CD of IN the DT spouses NNS does VVZ not RB fulfil VV his PP$ or CC her PP$ obligations NNS , , he PP or CC she PP may MD be VB compelled VVN by IN the DT other JJ to TO do VV so RB in IN the DT manner NN provided VVD for IN in IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 215 CD Act NP n NN 70 CD 459 CD of IN 4 CD June NP 1970 CD Spouses NNS mutually RB oblige VV themselves PP to TO a DT community NN of IN living NN . SENT Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD The DT residence NN of IN the DT family NN is VBZ at IN the DT place NN which WDT they PP choose VVP by IN common JJ consent NN . SENT Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD The NP spouses NNS may MD not RB , , separately RB , , dispose VV of IN the DT rights NNS whereby WRB the DT lodging NN of IN the DT family NN is VBZ ensured VVN , , or CC of IN the DT pieces NNS of IN furniture NN with IN which WDT it PP is VBZ garnished VVN . SENT The DT one NN of IN the DT two CD who WP did VVD not RB give VV his PP$ or CC her PP$ consent NN to TO the DT transaction NN may MD claim VV the DT annulment NN of IN it PP . SENT the DT action NN for IN annulment NN is VBZ open JJ to TO him PP or CC her PP$ within IN the DT year NN after IN the DT day NN when WRB he PP or CC she PP had VHD knowledge NN of IN the DT transaction NN , , without IN possibility NN of IN its PP$ ever RB being NN instituted VVD more JJR than IN one CD year NN after IN the DT matrimonial JJ regime NN was VBD dissolved VVN . SENT Art NN . SENT 216 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Each DT spouse NN has VHZ full JJ legal JJ capacity NN . SENT but CC his PP$ or CC her PP$ rights NNS and CC powers NNS may MD be VB restricted VVN as IN a DT consequence NN of IN the DT matrimonial JJ regime NN and CC of IN the DT provisions NNS of IN this DT Chapter NN . SENT Art NN . SENT 217 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD A DT spouse NN may MD be VB authorized VVN by IN a DT court NN to TO enter VV alone RB into IN a DT transaction NN for IN which WDT the DT assistance NN or CC the DT consent NN of IN the DT other JJ spouse NN would MD be VB necessary JJ , , where WRB the DT latter NN is VBZ not RB able JJ to TO express VV his PP$ or CC her PP$ intention NN or CC where WRB his PP$ or CC her PP$ refusal NN is VBZ not RB justified VVN by IN the DT interest NN of IN the DT family NN . SENT The DT transaction NN entered VVD into IN under IN the DT terms NNS of IN a DT judicial JJ authorization NN is VBZ effective JJ against IN the DT spouse NN whose WP$ assistance NN or CC consent NN was VBD lacking VVG , , without IN any DT personal JJ obligation NN incumbent JJ on IN him PP or CC her PP$ resulting VVG from IN it PP Art NN . SENT 218 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD A DT spouse NN may MD give VV the DT other JJ a DT written JJ authorization NN to TO represent VV him PP or CC her PP$ in IN the DT exercise NN of IN the DT powers NNS that IN the DT matrimonial JJ regime NN confers VVZ to TO him PP or CC her PP$ . SENT Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD He PP or CC she PP may MD , , in IN all DT cases NNS , , freely RB revoke VV that DT authorization NN . SENT Art NN . SENT 219 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Where WRB one CD of IN the DT spouses NNS is VBZ unable JJ to TO express VV his PP$ or CC her PP$ intention NN , , the DT other JJ may MD be VB judicially RB entitled VVN to TO represent VV him PP or CC her PP$ , , in IN a DT general JJ manner NN or CC for IN some DT particular JJ transactions NNS , , in IN the DT exercise NN of IN the DT powers NNS resulting VVG from IN the DT matrimonial JJ regime NN , , the DT terms NNS and CC extent NN of IN that DT representation NN being VBG fixed VVN by IN the DT judge NN . SENT Failing VVG a DT legal JJ power NN , , power NN of IN attorney NN or CC judicial JJ entitlement NN , , the DT transactions NNS entered VVD into IN by IN a DT spouse NN in IN representation NN of IN the DT other JJ are VBP effective JJ with IN regard NN to TO the DT latter NN according VVG to TO the DT rules NNS of IN management NN of IN another DT s PP business NN . SENT Art NN . SENT 220 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Each DT one NN of IN the DT spouses NNS has VHZ the DT power NN to TO make VV alone JJ contracts NNS which WDT relate VVP to TO the DT support NN of IN the DT household NN or CC the DT education NN of IN children NNS . SENT any DT debt NN thus RB contracted VVD by IN the DT one CD binds NNS the DT other JJ jointly RB and CC severally RB . SENT Nevertheless RB , , joint JJ and CC several JJ obligations NNS do VVP not RB arise VV as RB regards VVZ expenditures NNS that WDT are VBP manifestly RB excessive JJ with IN reference NN to TO the DT way NN of IN living VVG of IN the DT household NN , , to TO the DT usefulness NN or CC uselessness NN of IN the DT transaction NN , , to TO the DT good JJ or CC bad JJ faith NN of IN the DT contracting NN third JJ party NN . SENT Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD They PP do VVP not RB arise VV either RB , , where WRB they PP were VBD not RB concluded VVN with IN the DT consent NN of IN the DT two CD spouses NNS , , as RB regards VVZ instalment NN purchases NNS or CC loans NNS unless IN those DT relate VVP to TO reasonable JJ sums NNS needed VVN for IN the DT wants VVZ of IN everyday JJ life NN . SENT Art NN . SENT 220 CD 1 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Where WRB one CD of IN the DT spouses NNS fails VVZ seriously RB in IN his PP$ or CC her PP$ duties NNS and CC thus RB imperils VVZ the DT interests NNS of IN the DT family NN , , the DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD may MD prescribe VV any DT urgent JJ measure NN which WDT those DT interests NNS require VVP . SENT He PP may MD in IN particular JJ forbid VVN that IN spouse NN to TO make VV , , without IN the DT consent NN of IN the DT other JJ , , grants NNS of IN his PP$ or CC her PP$ own JJ property NN and CC of IN that DT of IN the DT community NN , , movable JJ or CC immovable JJ . SENT He PP may MD also RB forbid VV the DT displacing VVG of IN movables NNS , , subject JJ to TO the DT specifying VVG of IN those DT which WDT he PP attributes VVZ to TO the DT personal JJ use NN of IN the DT one NN or CC the DT other JJ of IN the DT spouses NNS . SENT The DT duration NN of IN the DT measures NNS provided VVN for IN in IN this DT Article NN must MD be VB determined VVN . SENT It PP may MD not RB exceed VV three CD years NNS , , including VVG a DT possible JJ extension NN . SENT Art NN . SENT 220 CD 2 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Where WRB an DT injunction NN prohibits VVZ the DT making NN of IN grants NNS of IN property NN the DT conveyance NN of IN which WDT is VBZ subject JJ to TO registration NN , , it PP must MD be VB registered VVN at IN the DT suit NN of IN the DT applicant NN spouse NN . SENT That DT registration NN ceases VVZ to TO be VB effective JJ upon IN the DT expiry NN of IN the DT period NN determined VVN by IN the DT injunction NN , , subject JJ for IN the DT party NN concerned VVN to TO obtain VV in IN the DT interval NN a DT varying VVG order NN , , xhich NN shall MD be VB given VVN notice NN of IN in IN the DT same JJ manner NN . SENT Where WRB an DT injunction NN prohibits VVZ the DT granting VVG of IN movables NNS , , or CC the DT displacing VVG them PP , , it PP shall MD be VB served VVN by IN the DT applicant NN on IN his PP$ or CC her PP$ spouse NN and CC involves VVZ the DT effect NN of IN rendering VVG the DT latter NN a DT responsible JJ custodian NN of IN the DT movables NNS in IN the DT same JJ manner NN as IN a DT person NN whose WP$ property NN is VBZ seized VVN . SENT Where WRB served VVN on IN a DT third JJ party NN , , the DT latter NN shall MD be VB deemed VVN in IN bad JJ faith NN . SENT Art NN . SENT 220 CD 3 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD May MD be VB annulled VVN , , on IN claim NN of IN the DT applicant NN spouse NN , , all DT transactions NNS entered VVD into IN in IN violation NN of IN the DT injunction NN , , where WRB they PP were VBD made VVN with IN a DT third JJ party NN in IN bad JJ faith NN , , or CC even RB with IN regard NN to TO a DT property NN the DT conveyance NN of IN which WDT is VBZ subject JJ to TO registration NN , , where WRB they PP are VBP simply RB subsequent JJ to TO the DT registration NN provided VVD for IN by IN the DT preceding JJ Article NN . SENT An DT action NN for IN annulment NN may MD be VB brought VVN by IN the DT applicant NN spouse NN within IN two CD years NNS after IN the DT day NN when WRB he PP or CC she PP had VHD knowledge NN of IN the DT transaction NN , , without IN possibility NN of IN its PP$ ever RB being JJ instituted VVN , , where WRB that DT transaction NN is VBZ subject JJ to TO registration NN , , more JJR than IN two CD years NNS after IN its PP$ registration NN . SENT Art NN . SENT 221 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Each DT one NN of IN the DT spouses NNS may MD open VV , , without IN the DT consent NN of IN the DT other JJ , , a DT deposit NN account NN and CC a DT securities NNS account VVP in IN his PP$ or CC her PP$ personal JJ name NN . SENT Act VV 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD With IN regard NN to TO the DT depositary NN , , the DT depositor NN is VBZ always RB considered VVN , , even RB after IN dissolution NN of IN the DT marriage NN , , to TO have VH free JJ disposal NN of IN the DT funds NNS and CC of IN the DT securities NNS on IN deposit NN . SENT Art NN . SENT 222 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Where WRB one CD of IN the DT spouses NNS appears VVZ alone RB to TO do VV an DT act NN of IN administration NN or CC enjoyment NN or CC a DT grant NN on IN a DT movable NN which WDT he PP or CC she PP holds VVZ individually RB , , he PP or CC she PP is VBZ considered VVN , , with IN regard NN to TO the DT third JJ party NN in IN good JJ faith NN , , to TO have VH the DT power NN to TO do VV that DT act NN alone RB . SENT This DT provision NN shall MD not RB apply VV to TO pieces NNS of IN furniture NN referred VVD to TO in IN Article NP 215 CD , , paragraph NN 3 CD , , or CC to TO movable JJ tangible JJ property NN the DT nature NN of IN which WDT gives VVZ rise NN to TO a DT presumption NN of IN ownership NN of IN the DT other JJ spouse NN in IN accordance NN with IN Article NP 1404 CD . SENT Art NN . SENT 223 CD Act NP 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Each DT spouse NN may MD freely RB follow VV a DT trade NN , , collect VV his PP$ or CC her PP$ earnings NNS and CC salaries NNS and CC dispose VV of IN them PP after IN discharging VVG marriage NN expenses NNS . SENT Art NN . SENT 224 CD repealed VVN Art NN . SENT 225 CD Act NP 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Each DT of IN the DT spouses NNS shall MD administer VV , , bind NN and CC transfer VV alone RB his PP$ or CC her PP$ personal JJ property NN . SENT Art NN . SENT 226 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD The NP provisions NNS of IN this DT Chapter NN , , on IN all DT questions NNS where WRB they PP do VVP not RB save VV the DT application NN of IN ante NN nuptial JJ agreements NNS , , apply VV by IN the DT sole JJ effect NN of IN marriage NN , , whatever WDT the DT matrimonial JJ regime NN of IN the DT spouses NNS may MD be VB . SENT CHAPTER NN VII NP OF IN THE DT DISSOLUTION NN OF IN MARRIAGE NN Art NN . SENT 227 CD A NP marriage NN is VBZ dissolved VVN . SENT 1 CD By IN the DT death NN of IN one CD of IN the DT spouses NNS . SENT 2 CD By IN divorce NN lawfully RB pronounced VVN . SENT 3 LS repealed VVN CHAPTER NN VIII NP OF IN SECOND JJ MARRIAGES NNS Art NN . SENT 228 CD Act NP of IN 9 CD Aug NN . SENT 1919 CD A NP wife NN may MD contract VV a DT second JJ marriage NN only RB three CD hundred CD full JJ days NNS after IN the DT dissolution NN of IN a DT preceding JJ marriage NN . SENT Act NP n NN 75 CD 617 CD of IN 11 CD Jul NN . SENT 1975 CD That IN period NN comes VVZ to TO an DT end NN in IN case NN of IN delivery NN after IN the DT death NN of IN the DT husband NN . SENT It PP also RB comes VVZ to TO an DT end NN where WRB the DT wife NN produces VVZ a DT medical JJ certificate NN attesting VVG that IN she PP is VBZ not RB in IN a DT state NN of IN pregnancy NN . SENT Act NP n NN 75 CD 617 CD of IN 11 CD Jul NN . SENT 1975 CD The DT president NN of IN the DT tribunal NN de FW grande JJ instance NN in IN whose WP$ jurisdiction NN the DT marriage NN is VBZ to TO be VB celebrated JJ may MD , , by IN interim JJ ex JJ parte NN order NN , , shorten VV the DT period NN provided VVD for IN by IN the DT preceding JJ Article NN , , where WRB it PP obviously RB results VVZ from IN the DT circumstances NNS that WDT , , for IN three CD hundred CD days NNS , , the DT former JJ husband NN has VHZ not RB cohabitated VVN with IN his PP$ wife NN . SENT The DT petition NN is VBZ subject JJ to TO transmission NN to TO the DT Government NP procurator's NN office NN . SENT In IN the DT event NN of IN a DT dismissal NN of IN the DT petition NN , , an DT appeal NN may MD be VB lodged VVN . SENT TITLE NN VI NP OF IN DIVORCE NN Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD CHAPTER NN I NN OF IN CASES NNS FOR IN DIVORCE NN Art NN . SENT 229 CD Divorce NN may MD be VB decreed VVN in IN cases NNS . SENT either CC of IN mutual JJ consent NN . SENT or CC of IN breakdown NN of IN community NN life NN . SENT or CC of IN fault NN . SENT Section NN I NN Of IN Divorce NN by IN Mutual NP Consent NP 1 CD Of IN Divorce NN on IN Joint NP Petition NN by IN the DT Spouses NNS Art NN . SENT 230 CD Where WRB the DT spouses NNS petition NN together RB for IN divorce NN , , they PP are VBP not RB required VVN to TO make VV the DT reason NN for IN it PP known VVN . SENT they PP must MD only RB submit VV for IN the DT approval NN of IN the DT judge NN a DT draft NN convention NN which WDT regulates VVZ the DT consequences NNS of IN it PP . SENT The DT petition NN may MD be VB filed VVN either RB by IN the DT respective JJ counsels VVZ of IN the DT parties NNS , , or CC by IN one CD counsel NN chosen VVN by IN common JJ consent NN . SENT A DT divorce NN by IN mutual JJ consent NN may MD not RB be VB petitioned VVD during IN the DT first JJ six CD months NNS of IN marriage NN . SENT Art NN . SENT 231 CD The DT judge NN shall MD consider VV the DT petition NN with IN each DT one NN of IN the DT spouses NNS , , then RB shall MD call VV them PP together RB . SENT He PP shall MD then RB call VV the DT counsel NN or CC counsels VVZ . SENT Where WRB the DT spouses NNS maintain VVP their PP$ intention NN to TO divorce NN , , the DT judge NN shall MD indicate VV to TO them PP that IN their PP$ petition NN must MD be VB renewed VVN after IN a DT three CD months NNS period NN for IN consideration NN . SENT Failing VVG a DT renewal NN within IN six CD months NNS following VVG the DT expiry NN of IN the DT period NN , , the DT joint JJ petition NN lapses NNS . SENT Art NN . SENT 232 CD The DT judge NN shall MD decree VV a DT divorce NN where WRB he PP has VHZ acquired VVN the DT conviction NN that IN the DT intention NN of IN the DT spouses NNS is VBZ actual JJ and CC that IN each DT one NN of IN them PP gave VVD consent NN freely RB . SENT He PP shall MD approve VV , , through IN the DT same JJ judgment NN , , the DT agreement NN which WDT regulates VVZ the DT consequences NNS of IN the DT divorce NN . SENT He PP may MD refuse VV approval NN and CC not RB decree NN a DT divorce NN where WRB he PP finds VVZ that IN the DT agreement NN insufficiently RB protects VVZ the DT interests NNS of IN the DT children NNS or CC of IN one CD of IN the DT spouses NNS . SENT 2 CD Of IN Divorce NN Petitioned VVD by IN one CD Spouse NN and CC Accepted JJ by IN the DT Other JJ Art NN . SENT 233 CD One CD of IN the DT spouses NNS may MD petition VV for IN divorce NN by IN taking VVG into IN account NN a DT set NN of IN facts NNS originating VVG from IN both DT of IN them PP , , that IN render VV intolerable JJ the DT continuance NN of IN community NN life NN . SENT Art NN . SENT 234 CD Where WRB the DT other JJ spouse NN acknowledges VVZ the DT facts NNS before IN the DT judge NN , , the DT latter NN decrees VVZ divorce NN without IN having VHG to TO rule VV on IN the DT allocation NN of IN wrongs NNS . SENT A DT divorce NN thus RB decreed VVD produces VVZ the DT effects NNS of IN a DT divorce NN decreed VVN against IN both DT spouses NNS . SENT Art NN . SENT 235 CD Where WRB the DT other JJ spouse NN does VVZ not RB acknowledge VV the DT facts NNS , , the DT judge NN may MD not RB decree NN divorce NN . SENT Art NN . SENT 236 CD The NP declarations NNS made VVD by IN the DT spouses NNS may MD not RB be VB used VVN as IN evidence NN in IN any DT other JJ action NN at IN law NN . SENT Section NP II NP Of IN Divorce NN for IN Breakdown NN of IN Community NP Life NP Art NP . SENT 237 CD A NP spouse NN may MD petition VV for IN divorce NN by IN reason NN of IN an DT extended JJ breakdown NN of IN community NN life NN , , where WRB the DT spouses NNS have VHP lived VVN apart RB in IN fact NN for IN six CD years NNS . SENT Art NN . SENT 238 CD It PP shall MD be VB likewise RB where WRB the DT mental JJ faculties NNS of IN the DT spouse NN have VHP , , for IN six CD years NNS , , been VBN so RB seriously RB altered VVN that IN community NN of IN life NN no RB longer RB exists VVZ between IN the DT spouses NNS and CC cannot NN be VB restored VVN in IN the DT future NN , , according VVG to TO the DT most RBS reasonable JJ anticipations NNS . SENT The DT judge NN may MD dismiss VV the DT application NN of IN his PP$ own JJ motion NN , , subject JJ to TO Article NP 240 CD , , where WRB divorce NN may MD have VH too RB serious JJ consequences NNS for IN the DT illness NN of IN the DT spouse NN . SENT Art NN . SENT 239 CD A NP spouse NN who WP petitions NNS for IN divorce NN on IN grounds NNS of IN breakdown NN of IN community NN life NN shall MD bear VV all PDT the DT expenditures NNS thereof RB . SENT In IN his PP$ or CC her PP$ petition NN , , he PP or CC she PP must MD specify VV the DT means NN by IN which WDT the DT obligations NNS towards IN the DT other JJ spouse NN and CC the DT children NNS will MD be VB fulfilled VVN . SENT Art NN . SENT 240 CD Where WRB the DT other JJ spouse NN establishes VVZ that IN the DT divorce NN would MD result VV , , either CC for IN him PP or CC her PP$ , , account NN being VBG taken VVN in IN particular JJ of IN his PP$ or CC her PP$ age NN and CC of IN the DT duration NN of IN the DT marriage NN , , or CC for IN the DT children NNS , , in IN exceptional JJ material NN or CC moral JJ hardship NN , , the DT judge NN shall MD dismiss VV the DT petition NN . SENT He PP may MD even RB dismiss VV it PP of IN his PP$ own JJ motion NN in IN the DT circumstances NNS referred VVD to TO in IN Article NP 238 CD . SENT Art NN . SENT 241 CD Breakdown NN of IN community NN life NN may MD be VB invoked VVN as IN a DT ground NN for IN divorce NN only RB by IN the DT spouse NN who WP brings VVZ the DT originating VVG petition NN , , called VVD principal JJ petition NN . SENT The DT other JJ spouse NN may MD then RB bring VV a DT petition NN , , called VVD counter JJ petition NN , , by IN invoking VVG the DT wrongs NNS of IN the DT one NN who WP took VVD the DT initiative NN . SENT The DT counter JJ petition NN may MD seek VV only JJ divorce NN and CC not RB judicial JJ separation NN . SENT Where WRB the DT judge NN admits VVZ it PP , , he PP dismisses VVZ the DT principal JJ petition NN and CC decrees VVZ divorce NN against IN the DT spouse NN who WP took VVD the DT initiative NN thereof RB . SENT Section NP III NP Of IN Divorce NN for IN Fault NP Art NP . SENT 242 CD Divorce NN may MD be VB petitioned VVD by IN a DT spouse NN for IN facts NNS ascribable JJ to TO the DT other JJ where WRB those DT facts NNS constitute VVP a DT serious JJ or CC renewed JJ violation NN of IN the DT duties NNS and CC obligations NNS of IN marriage NN and CC render VV unendurable JJ the DT continuance NN of IN community NN life NN . SENT Art NN . SENT 243 CD It PP may MD be VB petitioned VVD by IN a DT spouse NN where WRB the DT other JJ has VHZ been VBN sentenced VVN to TO one CD of IN the DT penalties NNS provided VVN for IN by IN Article NP 131 CD 1 CD of IN the DT Penal JJ Code NP Act NP n NN 92 CD 133 CD of IN 16 CD Dec NP . SENT 1992 CD . SENT Art NN . SENT 244 CD Reconciliation NN of IN the DT spouses NNS occurred VVD after IN the DT facts NNS alleged VVN prevents VVZ their PP$ being VBG invoked VVN as IN a DT ground NN for IN divorce NN . SENT The DT judge NN shall MD then RB declare VV the DT petition NN inadmissible JJ . SENT A DT new JJ petition NN may MD however RB be VB filed VVN by IN reason NN of IN facts NNS occurred VVN or CC discovered VVN after IN the DT reconciliation NN , , the DT former JJ facts NNS being VBG then RB recallable JJ in IN support NN of IN that DT new JJ petition NN . SENT Temporary JJ continuance NN or CC renewal NN of IN community NN life NN must MD not RB be VB considered VVN as IN a DT reconciliation NN where WRB they PP result VVP only RB from IN necessity NN or CC from IN an DT endeavour NN to TO conciliation NN or CC from IN the DT needs NNS of IN the DT education NN of IN the DT children NNS . SENT Art NN . SENT 245 CD Faults NNS of IN the DT spouse NN who WP took VVD the DT initiative NN of IN the DT divorce NN do VVP not RB prevent VV from IN considering VVG his PP$ or CC her PP$ petition NN . SENT they PP may MD , , however RB , , deprive VV the DT facts NNS which WDT the DT other JJ spouse NN is VBZ reproached VVN with IN of IN the DT seriousness NN that WDT would MD make VV them PP a DT ground NN for IN divorce NN . SENT Those DT faults NNS may MD be VB also RB invoked VVN by IN the DT other JJ spouse NN in IN support NN of IN a DT counter JJ petition NN in IN divorce NN . SENT Where WRB both DT petitions NNS are VBP granted VVN , , divorce NN is VBZ decreed VVN against IN both DT spouses NNS . SENT Even RB failing VVG a DT counter JJ petition NN , , divorce NN may MD be VB decreed VVN against IN both DT spouses NNS where WRB wrongs NNS against IN both CC appear VV in IN the DT hearings NNS . SENT Art NN . SENT 246 CD Where WRB divorce NN is VBZ sought VVN under IN Articles NNS 233 CD to TO 245 CD , , the DT spouses NNS may MD , , as RB long RB as IN no DT judgment NN on IN the DT merits NNS has VHZ been VBN handed VVN down RP , , request VV the DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD to TO establish VV their PP$ agreement NN and CC approve VV the DT draft NN convention NN which WDT regulates VVZ the DT consequences NNS of IN the DT divorce NN . SENT The DT provisions NNS of IN Articles NNS 231 CD and CC 232 CD shall MD then RB apply VV . SENT CHAPTER NN II NP OF IN DIVORCE NN PROCEEDINGS NNS Section NP I NP General NP Provisions NNS Art NN . SENT 247 CD . SENT The DT tribunal NN de FW grande JJ instance NN exercising VVG civil JJ jurisdiction NN has VHZ exclusive JJ jurisdiction NN to TO rule VV on IN divorce NN and CC its PP$ consequences NNS . SENT Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD One CD judge NN of IN this DT court NN shall MD be VB assigned VVN family NN causes NNS . SENT deleted VVN This DT judge NN has VHZ jurisdiction NN to TO decree NN a DT divorce NN , , whatever WDT the DT ground NN for IN it PP may MD be VB . SENT He PP may MD transfer VV a DT case NN as IN it PP stands VVZ for IN hearings NNS before IN a DT division NN of IN the DT court NN . SENT That DT transfer NN is VBZ as RB of IN right NN when WRB requested VVN by IN a DT party NN . SENT Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD He PP shall MD also RB have VH exclusive JJ jurisdiction NN , , after IN the DT decree NN of IN divorce NN , , whatever WDT the DT ground NN for IN it PP may MD be VB , , to TO rule VV on IN the DT details NNS of IN the DT exercise NN of IN parental JJ authority NN , , on IN changes NNS as RB to TO periodical JJ payments NNS and CC on IN revision NN of IN the DT compensatory JJ allowance NN or CC its PP$ terms NNS of IN payment NN Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD , , as RB well RB as IN to TO decide VV to TO entrust VV the DT children NNS to TO a DT third JJ party NN . SENT He PP shall MD then RB rule VV informally RB and CC may MD be VB seized VVN by IN the DT parties NNS concerned VVN even RB by IN a DT mere JJ petition NN . SENT Art NN . SENT 248 CD Hearings NNS on IN the DT case NN , , the DT consequences NNS of IN divorce NN and CC interim JJ orders NNS may MD not RB be VB public JJ . SENT Art NN . SENT 248 CD 1 CD In IN case NN of IN a DT divorce NN for IN fault NN , , and CC on IN request NN of IN the DT spouses NNS , , the DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD may MD restrict VV himself PP to TO establish VV that IN there EX are VBP facts NNS constituting VVG a DT cause NN of IN divorce NN in IN the DT grounds NNS of IN the DT judgment NN , , without IN having VHG to TO state VV the DT wrongs NNS and CC complaints NNS of IN the DT parties NNS . SENT Art NN . SENT 249 CD Where WRB a DT petition NN for IN divorce NN must MD be VB brought VVN in IN the DT name NN of IN an DT adult NN in IN guardianship NN , , it PP shall MD be VB filed VVN by IN the DT guardian NN with IN the DT authorization NN of IN the DT family NN council NN , , after IN advice NN of IN the DT attending VVG physician NN . SENT An DT adult NN in IN curatorship NN shall MD bring VV the DT action NN himself PP with IN the DT assistance NN of IN the DT curator NN . SENT Art NN . SENT 249 CD 1 CD Where WRB the DT spouse NN against IN whom WP a DT petition NN is VBZ filed VVN is VBZ in IN guardianship NN , , the DT action NN shall MD be VB brought VVN against IN the DT guardian NN . SENT where WRB he PP or CC she PP is VBZ in IN curatorship NN , , he PP or CC she PP is VBZ the DT defendant NN , , with IN the DT assistance NN of IN the DT curator NN . SENT Art NN . SENT 249 CD 2 CD A DT special JJ guardian NN or CC curator NN shall MD be VB appointed VVN where WRB the DT guardianship NN or CC curatorship NN was VBD entrusted VVN to TO the DT spouse NN of IN the DT person NN under IN a DT disability NN . SENT Art NN . SENT 249 CD 3 CD Where WRB one CD of IN the DT spouses NNS is VBZ placed VVN under IN judicial JJ supervision NN , , a DT petition NN for IN divorce NN may MD be VB tried VVN only RB after IN organization NN of IN a DT guardianship NN or CC curatorship NN . SENT Art NN . SENT 249 CD 4 CD Where WRB one CD of IN the DT spouses NNS is VBZ placed VVN under IN one CD of IN the DT protective JJ systems NNS provided VVN for IN in IN Article NP 490 CD below RB , , no DT petition NN for IN divorce NN by IN mutual JJ consent NN may MD be VB filed VVN . SENT Art NN . SENT 250 CD In IN case NN of IN statutory JJ interdiction NN resulting VVG from IN a DT sentence NN , , a DT petition NN for IN divorce NN may MD be VB brought VVN by IN the DT guardian NN only RB with IN the DT authorization NN of IN the DT person NN under IN disability NN . SENT Section NP II NP Of IN Conciliation NN Art NN . SENT 251 CD Where WRB divorce NN is VBZ sought VVN for IN breakdown NN of IN community NN life NN or CC for IN fault NN , , an DT attempt NN at IN conciliation NN is VBZ compulsory JJ before IN judicial JJ processions NNS . SENT It PP may MD be VB renewed VVN during IN the DT proceedings NNS . SENT Where WRB divorce NN is VBZ sought VVN by IN mutual JJ consent NN of IN the DT spouses NNS , , a DT conciliation NN may MD be VB attempted VVN pending VVG the DT lawsuit NN according VVG to TO the DT rules NNS of IN procedure NN appropriate JJ to TO that DT case NN for IN divorce NN . SENT Art NN . SENT 252 CD Where WRB the DT judge NN seeks VVZ to TO conciliate VV the DT spouses NNS , , he PP must MD personally RB have VH a DT talk NN with IN each DT of IN them PP separately RB before IN bringing VVG them PP together RB in IN his PP$ presence NN . SENT The DT counsels VVZ must MD then RB , , where WRB the DT spouses NNS so IN request NN , , be VB called VVN to TO be VB present JJ and CC participate VV in IN the DT talk NN . SENT In IN the DT case NN of IN Article NP 238 CD and CC in RB that IN where WRB the DT spouse NN against IN whom WP the DT petition NN is VBZ brought VVN does VVZ not RB appear VV before IN the DT judge NN , , the DT latter NN shall MD nevertheless RB have VH a DT talk NN with IN the DT other JJ spouse NN and CC urge VV him PP or CC her PP$ to TO consideration NN . SENT Art NN . SENT 252 CD 1 CD An DT attempt NN at IN conciliation NN may MD be VB suspended VVN and CC resumed VVN without IN any DT formality NN , , with IN the DT arranging VVG of IN times NNS for IN consideration NN for IN the DT spouses NNS within IN a DT limit NN of IN eight CD days NNS . SENT Where WRB a DT longer JJR period NN is VBZ deemed VVN advisable JJ , , the DT judge NN may MD decide VV to TO suspend VV the DT proceedings NNS and CC resort NN to TO a DT new JJ attempt NN at IN conciliation NN within IN six CD months NNS at IN most JJS . SENT He PP may MD , , if IN there EX is VBZ occasion NN , , make VV the DT requisite JJ interim JJ orders NNS . SENT Art NN . SENT 252 CD 2 CD Where WRB he PP does VVZ not RB succeed VV in IN having VHG them PP renounce VV divorce NN , , the DT judge NN shall MD try VV to TO induce VV the DT spouses NNS to TO regulate VV amicably RB its PP$ consequences NNS , , in IN particular NN as RB regards VVZ the DT children NNS , , by IN agreements NNS which WDT may MD be VB taken VVN into IN account NN by IN the DT forthcoming JJ judgment NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT Art NN . SENT 252 CD 3 CD Anything NN that WDT was VBD said VVN or CC written VVN on IN the DT occasion NN of IN an DT attempt NN at IN conciliation NN , , whatever WDT the DT form NN it PP occurred VVD , , may MD not RB be VB invoked VVN for IN or CC against IN a DT spouse NN or CC a DT third JJ party NN in IN the DT further JJR proceedings NNS . SENT Section NP III NP Of IN Interim JJ Orders NNS Art NN . SENT 253 CD In IN case NN of IN divorce NN on IN joint JJ petition NN , , the DT spouses NNS themselves PP regulate VV interim JJ measures NNS in IN a DT provisional JJ agreement NN which WDT must MD be VB annexed VVN to TO their PP$ originating VVG petition NN . SENT The DT judge NN however RB may MD have VH the DT terms NNS of IN that DT agreement NN deleted VVN or CC amended VVN which WDT appear VV to TO him PP to TO be VB contrary JJ to TO the DT welfare NN of IN the DT children NNS . SENT Art NN . SENT 254 CD At IN the DT time NN of IN the DT appearance NN of IN the DT spouses NNS in IN the DT circumstances NNS referred VVD to TO in IN Article NP 233 CD , , or CC of IN the DT decree NN of IN non JJ conciliation NN in IN the DT other JJ circumstances NNS , , the DT judge NN shall MD prescribe VV the DT measures NNS which WDT are VBP required VVN in IN order NN to TO ensure VV the DT living NN of IN the DT spouses NNS and CC the DT children NNS until IN the DT date NN on IN which WDT the DT judgment NN becomes VVZ res NN judicata NNS . SENT Art NN . SENT 255 CD The DT judge NN may MD in RB particular JJ . SENT 1 LS Authorize VV the DT spouses NNS to TO reside VV apart RB . SENT 2 LS Allocate VV to TO one CD of IN them PP the DT enjoyment NN of IN the DT lodging NN and CC furniture NN of IN the DT household NN , , or CC divide VVP that DT enjoyment NN between IN them PP . SENT 3 CD Order NN the DT delivery NN of IN clothes NNS and CC personal JJ belongings NNS . SENT 4 CD Order NP periodical NN payments NNS and CC allowance NN for IN costs NNS to TO be VB paid VVN by IN one CD spouse NN to TO the DT other JJ . SENT 5 CD Grant NP to TO one CD of IN the DT spouses NNS advance NN payments NNS as RB to TO his PP$ or CC her PP$ part NN in IN the DT community NN property NN , , where WRB circumstances NNS so RB dictate VVP . SENT Art NN . SENT 256 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD Consequences NNS of IN a DT separation NN for IN the DT children NNS shall MD be VB settled VVN in IN accordance NN with IN the DT provisions NNS of IN Chapter NP I NP of IN Title NP IX NP of IN this DT Book NN . SENT Art NN . SENT 257 CD From IN the DT originating VVG petition NN , , the DT judge NN may MD take VV emergency NN measures NNS . SENT He PP may MD , , on IN this DT ground NN , , authorize VV the DT petitioning VVG spouse NN to TO reside VV apart RB , , if IN occasion NN be VB with IN his PP$ or CC her PP$ minor JJ children NNS . SENT He PP may MD also RB , , as IN a DT safeguard VV of IN the DT rights NNS of IN a DT spouse NN , , order VV any DT protective JJ measures NNS such JJ as IN the DT affixing VVG of IN seals NNS on IN community NN property NN . SENT The DT provisions NNS of IN Article NP 220 CD 1 CD and CC the DT other JJ safeguards NNS provided VVN for IN by IN the DT matrimonial JJ regime NN remain VVP nevertheless RB applicable JJ . SENT Art NN . SENT 258 CD Where WRB he PP definitively RB dismisses VVZ a DT petition NN for IN divorce NN , , the DT judge NN may MD rule VV on IN the DT contributions NNS to TO the DT marriage NN expenses NNS , , the DT residence NN of IN the DT family NN and CC the DT details NNS of IN the DT exercise NN of IN parental JJ authority NN Act NP n NN 87 CD 570 CD , , 22 CD Jul NN . SENT 1987 CD . SENT Section NP IV NP Of IN Evidence NN Art NN . SENT 259 CD Facts NNS invoked VVN as IN grounds NNS for IN divorce NN or CC as IN a DT defence NN to TO a DT petition NN may MD be VB established VVN by IN any DT evidence NN , , including VVG admissions NNS . SENT Art NN . SENT 259 CD 1 CD A DT spouse NN may MD not RB produce VV in IN court NN letters NNS exchanged VVN between IN his PP$ or CC her PP$ spouse NN and CC a DT third JJ party NN which WDT he PP or CC she PP obtained VVD by IN duress NN or CC fraud NN . SENT Art NN . SENT 259 CD 2 CD The DT certificates NNS drawn VVN up RP on IN request NN of IN a DT party NN are VBP set VVN aside RP from IN the DT hearing NN where WRB there EX was VBD illegal JJ entry NN into IN the DT domicile NN or CC unlawful JJ invasion NN of IN intimacy NN of IN private JJ life NN . SENT Art NN . SENT 259 CD 3 CD The DT spouses NNS must MD communicate VV to TO each DT other JJ and CC communicate VV to TO the DT judge NN as IN well RB as RB to TO experts NNS designated VVN by IN him PP , , any DT information NN and CC documents NNS appropriate JJ for IN fixing VVG allowances NNS and CC payments NNS and CC liquidating VVG the DT matrimonial JJ regime NN . SENT The DT judge NN may MD cause VV any DT proper JJ inquiry NN to TO be VB instigated VVN of IN debtors NNS or CC of IN all PDT those DT who WP hold VVP assets NNS on IN behalf NN of IN the DT spouses NNS without IN professional JJ secrecy NN being VBG allowed VVN to TO be VB raised VVN . SENT CHAPTER NN III NP OF IN THE DT CONSEQUENCES NNS OF IN DIVORCE NN Section NN I NN Of IN the DT Date NN at IN which WDT Divorce NN Takes VVZ Effect NN Art NN . SENT 260 CD A NP judgment NN granting VVG divorce NN dissolves VVZ the DT marriage NN at IN the DT date NN at IN which WDT it PP acquires VVZ force NN of IN res NN judicata NNS . SENT Art NN . SENT 261 CD To TO contract VV a DT new JJ marriage NN , , the DT wife NN must MD comply VV with IN the DT period NN of IN three CD hundred CD days NNS provided VVN for IN in IN Article NP 228 CD . SENT Art NN . SENT 261 CD 1 CD Where WRB the DT spouses NNS were VBD authorized VVN to TO reside VV apart RB pending VVG the DT lawsuit NN , , that DT period NN starts VVZ running VVG from IN the DT day NN of IN the DT judgment NN authorizing VVG the DT separate JJ residence NN or CC , , in IN case NN of IN joint JJ petition NN , , approving VVG the DT provisional JJ agreement NN relating VVG to TO this DT subject NN . SENT The DT wife NN may MD remarry VV without IN delay NN where WRB divorce NN was VBD granted VVN in IN the DT circumstances NNS provided VVN for IN in IN Articles NNS 237 CD and CC 238 CD . SENT Art NN . SENT 261 CD 2 CD The DT period NN comes VVZ to TO an DT end NN where WRB the DT birth NN of IN a DT child NN occurs VVZ after IN the DT decision NN authorizing VVG or CC approving VVG the DT separate JJ residence NN or CC , , failing VVG which WDT , , after IN the DT date NN at IN which WDT the DT divorce NN judgment NN acquired VVD force NN of IN res NN judicata NNS . SENT Where WRB the DT husband NN dies VVZ before IN the DT divorce NN judgment NN acquired VVD force NN of IN res NN judicata NNS , , the DT period NN runs VVZ from IN the DT decision NN authorizing VVG or CC approving VVG the DT separate JJ residence NN . SENT Art NN . SENT 262 CD A NP divorce NN judgment NN is VBZ effective JJ against IN third JJ parties NNS , , as RB regards VVZ the DT property NN of IN the DT spouses NNS , , from IN the DT day NN when WRB the DT formalities NNS of IN mention NN in IN the DT margin NN prescribed VVN by IN the DT rules NNS which WDT apply VVP to TO civil JJ status NN have VHP been VBN performed VVN . SENT Art NN . SENT 262 CD 1 CD A DT divorce NN judgment NN takes VVZ effect NN in IN the DT relations NNS between IN spouses NNS , , as RB regards VVZ their PP$ property NN , , as RB from IN the DT date NN of IN summons NN . SENT Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD The NP spouses NNS may MD , , one CD or CC the DT other JJ , , petition NN , , if IN there EX is VBZ occasion NN , , that IN the DT effect NN of IN the DT judgment NN be VB carried VVN back RB to TO the DT date NN when WRB they PP ceased VVD to TO live VV together RB and CC collaborate VV . SENT The DT one NN upon IN whom WP the DT wrongs NNS of IN separation NN fall NN chiefly RB may MD not RB obtain VV that IN carrying VVG back RB . SENT Art NN . SENT 262 CD 2 CD Any DT obligation NN contracted VVD by IN one CD of IN the DT spouses NNS on IN the DT responsibility NN of IN the DT community NN , , any DT transfer NN of IN community NN property NN made VVN by IN one CD of IN them PP within IN the DT limit NN of IN his PP$ or CC her PP$ power NN , , after IN the DT originating VVG petition NN , , shall MD be VB declared VVN void NN , , where WRB there EX is VBZ evidence NN that IN there EX was VBD fraud NN of IN the DT rights NNS of IN the DT other JJ spouse NN . SENT . SENT Section NP II NP Of IN the DT Consequences NNS of IN Divorce NN for IN the DT Spouses NNS 1 CD General NP Provisions NNS Art NN . SENT 263 CD Where WRB divorced VVN spouses NNS wish VVP to TO contract VV another DT union NN between IN themselves PP , , a DT new JJ celebration NN of IN marriage NN is VBZ required VVN . SENT Art NN . SENT 264 CD Following VVG divorce NN , , each DT of IN the DT spouses NNS shall MD resume VV the DT use NN of IN his PP$ or CC her PP$ name NN . SENT However RB , , in IN the DT circumstances NNS provided VVN for IN in IN Articles NNS 237 CD and CC 238 CD , , the DT wife NN is VBZ entitled VVN to TO keep VV the DT use NN of IN the DT husband's JJ name NN when WRB the DT divorce NN has VHZ been VBN petitioned VVN by IN him PP . SENT In IN the DT other JJ circumstances NNS , , the DT wife NN may MD keep VV the DT use NN of IN the DT husband's JJ name NN either CC with IN his PP$ consent NN , , or CC with IN the DT authorization NN of IN the DT judge NN , , where WRB she PP proves VVZ that IN a DT particular JJ interest NN lies VVZ therein RB for IN herself PP or CC for IN the DT children NNS . SENT Art NN . SENT 264 CD 1 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD When WRB he PP grants VVZ divorce NN , , the DT matrimonial JJ causes NNS judge VVP Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD shall MD order VV the DT liquidation NN and CC partition NN of IN the DT patrimonial JJ interests NNS of IN the DT spouses NNS and CC rule NN , , if IN there EX is VBZ occasion NN , , on IN requests NNS for IN continuation NN of IN undivided JJ ownership NN or CC preferential JJ allotments NNS . SENT 2 CD Of IN the DT Consequences NNS Peculiar JJ to TO the DT Various JJ Cases NNS for IN Divorce NN Art NN . SENT 265 CD Divorce NN is VBZ deemed VVN granted VVN against IN one CD spouse NN where WRB it PP occurs VVZ on IN his PP$ or CC her PP$ exclusive JJ wrongs NNS . SENT It PP is VBZ also RB deemed VVN granted VVN against IN the DT spouse NN who WP took VVD the DT initiative NN of IN the DT divorce NN where WRB it PP is VBZ obtained VVN by IN reason NN of IN breakdown NN of IN community NN life NN . SENT The DT spouse NN against IN whom WP divorce NN is VBZ granted VVN loses VVZ the DT rights NNS which WDT legislation NN or CC agreement NN made VVN with IN third JJ parties NNS confer VVP upon IN a DT divorced VVN spouse NN . SENT Those DT rights NNS are VBP not RB lost VVN in IN case NN of IN mutual JJ wrongs NNS or CC of IN divorce NN by IN mutual JJ consent NN . SENT Art NN . SENT 266 CD Where WRB divorce NN is VBZ granted VVN on IN the DT exclusive JJ wrongs NNS of IN one CD of IN the DT spouses NNS , , this DT one NN may MD be VB ordered VVN to TO pay VV damages NNS for IN material NN and CC moral JJ harm NN which WDT his PP$ or CC her PP$ spouse NN suffers VVZ because IN of IN the DT dissolution NN of IN the DT marriage NN . SENT The DT latter NN may MD seek VV damages NNS only RB in IN the DT occasion NN of IN an DT action NN for IN divorce NN . SENT Art NN . SENT 267 CD Where WRB divorce NN is VBZ granted VVN on IN the DT exclusive JJ wrongs NNS of IN one CD of IN the DT spouses NNS , , this DT one NN loses VVZ by IN operation NN of IN law NN any DT gifts NNS and CC matrimonial JJ advantages NNS which WDT his PP$ or CC her PP$ spouse NN had VHD granted VVN to TO her PP or CC him PP , , whether IN at IN the DT time NN of IN the DT marriage NN , , or CC after IN . SENT The DT other JJ spouse NN keeps VVZ the DT gifts NNS and CC advantages NNS which WDT had VHD been VBN granted VVN to TO him PP or CC her PP$ , , even RB though IN they PP were VBD stipulated VVD to TO be VB reciprocal JJ and CC reciprocity NN did VVD not RB occur VV . SENT Art NN . SENT 267 CD 1 CD Where WRB divorce NN is VBZ granted VVN on IN mutual JJ wrongs NNS , , each DT one NN of IN the DT spouses NNS may MD revoke VV all DT or CC part NN of IN the DT gifts NNS and CC advantages NNS which WDT he PP or CC she PP granted VVD to TO the DT other JJ . SENT Art NN . SENT 268 CD Where WRB divorce NN is VBZ granted VVN on IN joint JJ petition NN , , the DT spouses NNS themselves PP shall MD decide VV on IN the DT condition NN of IN the DT gifts NNS and CC advantages NNS which WDT they PP granted VVD to TO each DT other JJ . SENT where WRB they PP decided VVD nothing NN in IN this DT regard NN , , they PP are VBP deemed VVN to TO have VH kept VVN them PP . SENT Art NN . SENT 268 CD 1 CD Where WRB divorce NN is VBZ granted VVN on IN petition NN accepted VVN by IN the DT other JJ spouse NN , , each DT one NN of IN the DT spouses NNS may MD revoke VV all DT or CC part NN of IN the DT gifts NNS and CC advantages NNS which WDT he PP or CC she PP granted VVD to TO the DT other JJ . SENT Art NN . SENT 269 CD Where WRB divorce NN is VBZ granted VVN on IN the DT ground NN of IN breakdown NN of IN community NN life NN , , the DT spouse NN who WP took VVD the DT initiative NN for IN divorce NN loses VVZ by IN operation NN of IN law NN the DT gift NN and CC advantages NNS which WDT the DT other JJ spouse NN granted VVN to TO him PP or CC her PP$ . SENT The DT other JJ spouse NN keeps VVZ his PP$ or CC hers JJR . SENT 3 CD Of IN Compensatory JJ Benefit NP Art NP . SENT 270 CD Except IN where WRB it PP is VBZ granted VVN on IN the DT ground NN of IN breakdown NN of IN community NN life NN , , divorce NN puts VVZ an DT end NN to TO the DT duty NN of IN support NN provided VVN for IN by IN Article NP 212 CD of IN the DT Civil NP Code NP . SENT but CC one CD of IN the DT spouses NNS may MD be VB compelled VVN to TO pay VV the DT other JJ a DT benefit NN intended VVD to TO compensate VV , , as RB far RB as IN possible JJ , , for IN the DT disparity NN that IN breakdown NN of IN the DT marriage NN creates VVZ in IN the DT respective JJ ways NNS of IN living NN . SENT Art NN . SENT 271 CD A NP compensatory JJ benefit NN shall MD be VB fixed VVN according VVG to TO the DT needs NNS of IN the DT spouse NN to TO whom WP it PP is VBZ paid VVN and CC to TO the DT means NN of IN the DT other JJ , , account NN being VBG taken VVN of IN the DT situation NN at IN the DT time NN of IN divorce NN and CC of IN its PP$ evolution NN in IN a DT foreseeable JJ future NN . SENT Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD In IN the DT context NN of IN the DT fixing VVG of IN a DT compensatory JJ benefit NN , , by IN the DT judge NN or CC by IN the DT parties NNS in IN the DT agreement NN referred VVD to TO in IN Article NP 278 CD , , or CC on IN the DT occasion NN of IN a DT petition NN for IN revision NN , , the DT parties NNS shall MD provide VV the DT judge NN with IN declarations NNS certifying VVG on IN their PP$ honour NN the DT accuracy NN of IN their PP$ means NNS , , incomes NNS , , patrimonies NNS and CC ways NNS of IN living NN . SENT Art NN . SENT 272 CD In IN determining VVG the DT needs NNS and CC means NNS , , the DT judge NN shall MD have VH regard NN , , in IN particular JJ , , to TO the DT ages NNS and CC states NNS of IN health NN of IN the DT spouses NNS . SENT Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD the DT duration NN of IN the DT marriage NN . SENT the DT time NN already RB devoted JJ or CC that WDT must MD be VB devoted VVN to TO the DT education NN of IN children NNS . SENT their PP$ professional JJ qualifications NNS and CC positions NNS with IN regard NN to TO the DT labour NN market NN Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD . SENT their PP$ existing JJ and CC foreseeable JJ rights NNS . SENT their PP$ respective JJ situation NN as RB to TO retirement NN pensions NNS Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD . SENT their PP$ patrimony NN , , both CC in IN capital NN and CC income NN , , after IN the DT liquidation NN of IN the DT matrimonial JJ regime NN . SENT Art NN . SENT 273 CD Compensatory JJ benefit NN shall MD be VB in IN the DT nature NN of IN a DT lump NN sum NN . SENT repealed VVN Art NN . SENT 274 CD Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD Compensatory JJ benefit NN shall MD take VV the DT form NN of IN a DT capital NN the DT amount NN of IN which WDT shall MD be VB fixed VVN by IN the DT judge NN . SENT Art NN . SENT 275 CD The DT judge NN shall MD decide VV the DT details NNS according VVG to TO which WDT the DT allotment NN or CC appropriation NN of IN property NN in IN capital NN will MD be VB made VVN . SENT 1 CD Payment NN of IN a DT sum NN of IN money NN . SENT 2 CD Surrender NN of IN property NN in IN kind NN , , movables NNS or CC immovables NNS , , for IN ownership NN or CC usufruct NN , , for IN use NN or CC dwelling NN Act NN n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD , , the DT judgment NN operating VVG a DT forced VVN transfer NN in IN favour NN of IN the DT creditor NN . SENT 3 CD Depositing VVG securities NNS which WDT produce VVP income NN in IN the DT hands NNS of IN a DT third JJ party NN in IN charge NN of IN paying VVG the DT income NN to TO the DT spouse NN creditor NN of IN the DT benefit NN until IN the DT time NN limit NN fixed VVN . SENT The DT divorce NN judgment NN may MD be VB made VVN subject JJ to TO actual JJ payment NN of IN the DT capital NN or CC establishment NN of IN the DT guarantees NNS provided VVN for IN in IN Article NP 277 CD . SENT Art NN . SENT 275 CD 1 CD Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD Where WRB a DT debtor NN is VBZ not RB able JJ to TO pay VV the DT capital NN under IN the DT terms NNS of IN Article NP 275 CD , , the DT judge NN shall MD fix VV the DT arrangements NNS for IN payment NN of IN the DT capital NN , , within IN the DT limit NN of IN height NN years NNS , , in IN the DT form NN of IN monthly JJ or CC annual JJ payments NNS linked VVN to TO an DT index NN in IN accordance NN with IN the DT rules NNS applicable JJ to TO periodical JJ payments NNS . SENT A DT debtor NN may MD request VV revision NN of IN those DT arrangements NNS for IN payment NN in IN case NN of IN a DT considerable JJ change NN in IN his PP$ or CC her PP$ situation NN . SENT By IN way NN of IN exception NN the DT judge NN may MD then RB , , by IN a DT special JJ and CC reasoned VVN decision NN , , authorize VV the DT payment NN of IN the DT capital NN on IN a DT total JJ period NN of IN more JJR than IN eight CD years NNS . SENT On IN a DT debtor JJ spouse's NN death NN , , the DT responsibility NN for IN the DT balance NN of IN the DT capital NN passes VVZ to TO his PP$ or CC her PP$ heirs NNS . SENT Heirs NNS may MD request VV revision NN of IN the DT arrangements NNS for IN payment NN under IN the DT terms NNS of IN the DT preceding JJ paragraph NN . SENT A DT debtor NN or CC his PP$ or CC her PP$ heirs NNS may MD at IN any DT time NN redeem VV the DT balance NN of IN the DT capital NN . SENT After IN liquidation NN of IN the DT matrimonial JJ regime NN , , the DT creditor NN of IN a DT compensatory JJ benefit NN may MD refer VV to TO the DT judge NN a DT claim NN for IN payment NN of IN the DT balance NN of IN the DT capital NN . SENT Art NN . SENT 276 CD Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD By IN way NN of IN exception NN , , the DT judge NN may MD , , by IN a DT specially RB reasoned VVN decision NN , , by IN reason NN of IN the DT age NN or CC state NN of IN health NN of IN the DT creditor NN which WDT does VVZ not RB allow VV him PP or CC her PP$ to TO supply VV to TO his PP$ or CC her PP$ needs NNS , , fix VV the DT compensatory JJ benefit NN in IN the DT form NN of IN a DT life NN annuity NN . SENT He PP shall MD have VH regard NN to TO the DT factors NNS laid VVN down RP in IN Article NP 272 CD . SENT Art NN . SENT 276 CD 1 CD An DT annuity NN shall MD be VB linked VVN to TO an DT index NN . SENT the DT index NN shall MD be VB determined VVN as RB in IN periodical JJ payments NNS matters VVZ Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD . SENT The DT amount NN of IN an DT annuity NN before IN index NN liking NN shall MD be VB fixed VVN in IN a DT uniform JJ fashion NN for IN its PP$ entire JJ duration NN or CC may MD vary VV by IN successive JJ periods NNS following VVG the DT likely JJ evolution NN of IN needs NNS and CC means NNS . SENT Art NN . SENT 276 CD 2 CD Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD On IN a DT debtor JJ spouse's NN death NN , , the DT responsibility NN for IN the DT life NN annuity NN passes VVZ to TO his PP$ or CC her PP$ heirs NNS . SENT Survivor's NP pensions NNS possibly RB paid VVN in IN the DT deceased JJ spouse's NNS right RB are VBP deducted VVN as RB of IN right NN from IN the DT annuity NN paid VVD to TO the DT creditor NN . SENT Unless IN otherwise RB decided VVN by IN the DT judge NN to TO whom WP the DT creditor NN referred VVD the DT matter NN , , a DT deduction NN of IN the DT same JJ amount NN shall MD still RB be VB granted VVN where WRB the DT creditor NN loses VVZ his PP$ or CC her PP$ right NN to TO a DT survivor's JJ pension NN . SENT Art NN . SENT 276 CD 3 CD Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD A DT compensatory JJ benefit NN fixed VVN in IN the DT form NN of IN a DT life NN annuity NN may MD be VB revised VVN , , postponed VVN or CC suppressed VVN in IN case NN of IN an DT important JJ change NN in IN the DT means NNS or CC needs NNS of IN the DT parties NNS . SENT Revision NN may MD not RB lead VV to TO increase VV the DT annuity NN up RB to TO an DT amount NN above IN the DT one NN initially RB fixed VVN by IN the DT judge NN . SENT An DT action NN for IN revision NN lies VVZ with IN the DT debtor NN and CC his PP$ or CC her PP$ heirs NNS . SENT Art NN . SENT 276 CD 4 CD Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD The DT debtor NN of IN a DT compensatory JJ benefit NN in IN the DT form NN of IN a DT life NN annuity NN may MD at IN any DT time NN refer VVP the DT matter NN to TO the DT judge NN for IN the DT purpose NN of IN ruling NN on IN the DT replacement NN of IN the DT annuity NN by IN a DT capital NN determined VVN under IN the DT terms NNS of IN Articles NNS 275 CD and CC 275 CD 1 CD . SENT That DT application NN may MD be VB made VVN by IN the DT debtor's JJ heirs NNS . SENT The DT creditor NN of IN a DT compensatory JJ benefit NN may MD make VV the DT same JJ application NN where WRB he PP or CC she PP establishes VVZ that IN a DT modification NN in IN the DT situation NN of IN the DT debtor NN allows VVZ that IN replacement NN , , in IN particular JJ at IN the DT time NN of IN liquidation NN of IN the DT matrimonial JJ regime NN . SENT Art NN . SENT 277 CD Irrespective RB of IN a DT statutory JJ or CC judicial JJ mortgage NN , , the DT judge NN may MD order VV the DT debtor JJ spouse NN to TO establish VV a DT pledge NN , , to TO give VV security NN or CC to TO enter VV into IN a DT contract NN that WDT guarantees VVZ the DT payment NN of IN the DT annuity NN or CC capital NN Act NN n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD . SENT Art NN . SENT 278 CD In IN case NN of IN joint JJ petition NN , , the DT spouses NNS shall MD fix VV the DT amount NN and CC terms NNS of IN compensatory JJ benefit NN in IN the DT agreement NN which WDT they PP submit VVP to TO the DT judge NN for IN approval NN . SENT They PP may MD lay VV down RP that IN the DT payment NN of IN the DT benefit NN will MD come VV to TO an DT end NN from IN the DT occurrence NN of IN a DT specific JJ event NN . SENT The DT benefit NN may MD be VB in IN the DT form NN of IN an DT annuity NN granted VVN for IN a DT limited JJ period NN Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD . SENT The DT judge NN , , however RB , , shall MD refuse VV to TO approve VV the DT agreement NN where WRB it PP fixes VVZ unfairly RB the DT rights NNS and CC obligations NNS of IN the DT spouses NNS . SENT Art NN . SENT 279 RB An DT approved VVN agreement NN is VBZ enforceable JJ at IN law NN as RB is VBZ a DT judicial JJ decision NN . SENT It PP may MD be VB modified VVN only RB by IN a DT new JJ agreement NN between IN spouses NNS , , likewise RB submitted VVN to TO approval NN . SENT Spouses NNS have VHP nevertheless RB the DT power NN to TO provide VV in IN their PP$ agreement NN that IN each DT of IN them PP may MD , , in IN case NN of IN important JJ change NN in IN the DT means NNS and CC needs NNS of IN the DT parties NNS Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD , , request VVP the DT judge NN to TO revise VV the DT compensatory JJ benefit NN . SENT Art NN . SENT 280 CD The NP transfers NNS and CC surrenders VVZ provided VVN for IN in IN this DT Subsection NN shall MD be VB deemed VVN dependent JJ on IN the DT matrimonial JJ regime NN . SENT They PP may MD not RB be VB treated VVN in IN the DT same JJ ways NNS as IN gifts NNS . SENT Art NN . SENT 280 CD 1 CD The DT spouse NN on IN whose WP$ exclusive JJ wrongs NNS divorce NN was VBD granted VVN is VBZ not RB entitled VVN to TO any DT compensatory JJ benefit NN . SENT He PP or CC she PP may MD , , however RB , , obtain VV an DT indemnity NN by IN way NN of IN exception NN where WRB , , account NN being VBG taken VVN of IN the DT duration NN of IN community NN life NN and CC of IN the DT cooperation NN brought VVD to TO the DT occupation NN of IN the DT other JJ spouse NN , , it PP appears VVZ obviously RB contrary JJ to TO equity NN to TO refuse VV him PP or CC her PP any DT pecuniary JJ compensation NN following VVG divorce NN . SENT 4 CD Of IN the DT Duty NP of IN Support NN after IN Divorce NN Art NN . SENT 281 CD Where WRB divorce NN is VBZ granted VVN for IN breakdown NN of IN community NN life NN , , the DT spouse NN who WP took VVD the DT initiative NN for IN divorce NN remains VVZ entirely RB bound VVN by IN the DT duty NN of IN support NN . SENT In IN the DT case NN of IN Article NP 238 CD , , the DT duty NN of IN support NN shall MD cover VV all DT that WDT is VBZ needed VVN for IN the DT medical JJ treatment NN of IN the DT sick JJ spouse NN . SENT Art NN . SENT 282 CD The NP fulfilling VVG of IN the DT duty NN of IN support NN shall MD take VV the DT form NN of IN periodical JJ payments NNS . SENT The DT latter NN may MD always RB be VB revised VVN according VVG to TO the DT means NNS and CC needs NNS of IN each DT one NN of IN the DT spouses NNS . SENT Art NN . SENT 283 CD Periodical JJ payments NNS cease VVP to TO be VB owed VVN by IN operation NN of IN law NN where WRB the DT spouse NN who WP is VBZ the DT creditor NN of IN them PP contracts VVZ a DT new JJ marriage NN . SENT An DT end NN shall MD be VB put VVN to TO them PP where WRB the DT creditor NN lives VVZ in IN a DT state NN of IN notorious JJ concubinage NN . SENT Art NN . SENT 284 CD On IN the DT death NN of IN the DT debtor JJ spouse NN , , the DT liability NN as RB to TO payments NNS passes VVZ to TO his PP$ or CC her PP$ heirs NNS . SENT Art NN . SENT 285 CD Where WRB the DT consistence NN of IN the DT debtor JJ spouse's NN property NN so IN permits NNS , , periodical JJ payments NNS must MD be VB replaced VVN , , in IN whole NN or CC part NN , , by IN the DT settling NN of IN a DT capital NN , , according VVG to TO the DT rules NNS of IN Articles NNS 274 CD to TO 275 CD 1 CD , , 277 CD Act NP n NN 2000 CD 596 CD of IN 30 CD June NP 2000 CD and CC 280 CD . SENT Where WRB that DT capital NN becomes VVZ inadequate JJ to TO cover VV the DT needs NNS of IN the DT creditor NN spouse NN , , the DT latter NN may MD request VV a DT complement VV under IN the DT form NN of IN periodical JJ payments NNS . SENT 5 CD Of IN Lodging VVG Art NN . SENT 285 CD 1 CD Where WRB the DT premises NNS serving VVG as IN lodging VVG for IN the DT family NN are VBP the DT separate JJ or CC personal JJ property NN of IN one CD spouse NN , , the DT judge NN may MD grant VV it PP on IN lease NN to TO the DT other JJ spouse NN . SENT 1 CD Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD Where WRB parental JJ authority NN is VBZ exercised VVN by IN the DT latter NN over IN one CD or CC several JJ children NNS or CC , , in IN case NN of IN exercise NN in IN common JJ of IN parental JJ authority NN , , where WRB one NN or CC several JJ children NNS have VHP their PP$ usual JJ residence NN in IN these DT lodgings NNS . SENT 2 CD Where WRB divorce NN was VBD granted VVN on IN petition NN of IN the DT owner NN spouse NN , , for IN breakdown NN of IN community NN life NN . SENT In IN the DT case NN provided VVD for IN in IN 1 CD above RB , , the DT judge NN shall MD fix VV the DT duration NN of IN the DT lease NN and CC may MD renew VV it PP until IN the DT coming VVG of IN age NN of IN the DT youngest JJS of IN the DT children NNS . SENT In IN the DT case NN provided VVD for IN in IN 2 CD above RB , , the DT lease NN may MD not RB be VB granted VVN for IN a DT duration NN exceeding VVG nine CD years NNS , , but CC may MD be VB lengthened VVN by IN a DT new JJ judgment NN . SENT It PP comes VVZ to TO an DT end NN by IN operation NN of IN law NN in IN case NN of IN remarriage NN of IN the DT one NN to TO whom WP it PP was VBD granted VVN . SENT It PP shall MD be VB brought VVN to TO an DT end NN where WRB the DT latter JJ lives NNS in IN a DT state NN of IN notorious JJ concubinage NN . SENT In IN all DT cases NNS , , the DT judge NN may MD terminate VV the DT lease NN where WRB new JJ circumstances NNS so RB justify VV . SENT Section NP III NP Of IN the DT Consequences NNS of IN Divorce NN for IN the DT Children NP Art NP . SENT 286 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD Consequences NNS of IN divorce NN for IN the DT children NNS shall MD be VB settled VVN in IN accordance NN with IN the DT provisions NNS of IN Chapter NP I NP of IN Title NP IX NP of IN this DT Book NN . SENT Art NN . SENT 287 CD to TO 295 CD repealed VVN CHAPTER NN IV NP OF IN JUDICIAL JJ SEPARATION NN Section NN I NN Of IN Cases NNS and CC Proceedings NNS for IN Judicial NP Separation NN Art NN . SENT 296 CD Judicial NP separation NN may MD be VB granted VVN on IN application NN of IN one CD of IN the DT spouses NNS in IN the DT same JJ cases NNS and CC subject JJ to TO the DT same JJ conditions NNS as IN divorce NN . SENT Art NN . SENT 297 CD A DT spouse NN against IN whom WP a DT petition NN for IN divorce NN is VBZ filed VVN may MD make VV a DT counterclaim NN for IN judicial JJ separation NN . SENT A DT spouse NN against IN whom WP a DT petition NN for IN judicial JJ separation NN is VBZ filed VVN may MD make VV a DT counterclaim NN for IN divorce NN . SENT Where WRB a DT petition NN for IN divorce NN and CC a DT petition NN for IN judicial JJ separation NN are VBP simultaneously RB entertained VVN , , the DT judge NN shall MD grant VV a DT divorce NN on IN divided VVN wrongs NNS with IN regard NN to TO both DT spouses NNS . SENT Art NN . SENT 298 CD In IN addition NN , , the DT rules NNS contained VVN in IN Chapter NP II NP above RB shall MD apply VV to TO the DT proceedings NNS for IN judicial JJ separation NN . SENT Section NP II NP Of IN the DT Consequences NNS of IN Judicial NP Separation NN Art NN . SENT 299 CD Judicial NP separation NN does VVZ not RB dissolve VV marriage NN but CC it PP puts VVZ an DT end NN to TO the DT duty NN of IN cohabitation NN . SENT Art NN . SENT 300 CD A NP separated JJ wife NN keeps VVZ the DT use NN of IN the DT husband's JJ name NN . SENT Nevertheless RB , , the DT judgment NN of IN separation NN or CC a DT further JJR judgment NN may MD forbid VV it PP to TO her PP . SENT Where WRB a DT husband NN has VHZ joined VVN her PP$ wife's JJ name NN to TO his PP$ name NN , , she PP may MD also RB request VV that IN the DT husband NN be VB forbidden VVN to TO bear VV it PP . SENT Art NN . SENT 301 CD In IN case NN of IN death NN of IN one CD of IN the DT judicially RB separated JJ spouses NNS , , the DT other JJ spouse NN keeps VVZ the DT rights NNS which WDT legislation NN grants NNS to TO a DT surviving VVG spouse NN . SENT He PP or CC she PP , , however RB , , is VBZ deprived VVN of IN them PP where WRB judicial JJ separation NN was VBD granted VVN against IN him PP or CC her PP$ , , according VVG to TO the DT distinctions NNS made VVN in IN Article NP 265 CD . SENT Where WRB judicial JJ separation NN is VBZ granted VVN on IN joint JJ petition NN , , the DT spouses NNS may MD include VV in IN their PP$ agreement NN a DT renunciation NN of IN the DT rights NNS of IN succession NN conferred VVD upon IN them PP by IN Articles NNS 756 CD to TO 757 CD 3 CD and CC 764 CD to TO 766 CD Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD . SENT Art NN . SENT 302 CD Judicial NP separation NN always RB involves VVZ separation NN of IN property NN . SENT Concerning VVG property NN , , the DT date NN at IN which WDT judicial JJ separation NN takes VVZ effect NN is VBZ determined VVN as IN provided VVN for IN in IN Articles NNS 262 CD to TO 262 CD 2 CD . SENT Art NN . SENT 303 CD Judicial NP separation NN leaves VVZ subsisting VVG the DT duty NN of IN support NN . SENT the DT judgment NN which WDT grants VVZ it PP or CC a DT further JJR judgment NN shall MD fix VV the DT periodical JJ payments NNS owed VVN to TO the DT spouse NN in IN need NN . SENT Those DT payments NNS shall MD be VB allotted VVN irrespective RB of IN wrongs NNS . SENT The DT debtor JJ spouse NN may MD nevertheless RB invoke VV , , if IN there EX is VBZ occasion NN , , the DT provisions NNS of IN Article NP 207 CD , , paragraph NN 2 CD . SENT Those DT payments NNS are VBP subject JJ to TO the DT rules NNS of IN maintenance NN obligations NNS . SENT nevertheless RB , , the DT provisions NNS of IN Article NP 285 CD shall MD apply VV to TO them PP . SENT Art NN . SENT 304 CD Subject NN to TO the DT provisions NNS of IN this DT Section NN , , the DT consequences NNS of IN judicial JJ separation NN shall MD obey VV the DT same JJ rules NNS as IN the DT consequences NNS of IN divorce NN stated VVN in IN Chapter NP III NP above RB . SENT Section NP III NP Of IN the DT End NN of IN Judicial NP Separation NN Art NN . SENT 305 CD Voluntary JJ resumption NN of IN community NN life NN puts VVZ an DT end NN to TO judicial JJ separation NN . SENT In IN order NN to TO be VB effective JJ against IN third JJ parties NNS , , it PP must MD either RB be VB established VVN by IN a DT notarial JJ instrument NN , , or CC be VB the DT subject NN of IN a DT declaration NN to TO an DT officer NN of IN civil JJ status NN . SENT Mention VV of IN it PP shall MD be VB made VVN in IN the DT margin NN of IN the DT record NN of IN marriage NN of IN the DT spouses NNS , , as RB well RB as RB in IN the DT margins NNS of IN their PP$ records NNS of IN birth NN Act NP n NN 85 CD 1372 CD of IN 13 CD Dec NP . SENT 1985 CD . SENT Separation NN of IN property NN subsists VVZ unless IN the DT spouses NNS adopt VVP a DT new JJ matrimonial JJ regime NN as RB provided VVD for IN in IN Article NP 1397 CD . SENT Art NN . SENT 306 CD On IN request NN of IN one CD of IN the DT spouses NNS , , a DT judgment NN of IN judicial JJ separation NN shall MD be VB converted VVN as RB of IN right NN into IN a DT judgment NN of IN divorce NN where WRB judicial JJ separation NN has VHZ lasted VVN three CD years NNS . SENT Art NN . SENT 307 CD In IN all DT cases NNS of IN judicial JJ separation NN , , it PP may MD be VB converted VVN into IN divorce NN by IN joint JJ petition NN . SENT Where WRB judicial JJ separation NN was VBD granted VVN on IN joint JJ petition NN , , it PP may MD be VB converted VVN into IN divorce NN only RB by IN a DT new JJ joint JJ petition NN . SENT Art NN . SENT 308 CD Because IN of IN a DT conversion NN , , the DT cause NN for IN judicial JJ separation NN becomes VVZ the DT cause NN for IN divorce NN . SENT the DT allocation NN of IN wrongs NNS is VBZ not RB changed VVN . SENT The DT judge NN shall MD fix VV the DT consequences NNS of IN divorce NN . SENT The DT benefits NNS and CC payments NNS between IN spouses NNS shall MD be VB determined VVN according VVG to TO the DT rules NNS appropriate JJ for IN divorce NN . SENT Art NN . SENT 309 CD A NP wife NN may MD contract VV a DT new JJ marriage NN as IN soon RB as IN the DT judgment NN of IN conversion NN has VHZ force NN of IN res NN judicata NNS . SENT CHAPTER NN V NN OF IN THE DT CONFLICT NN OF IN LAWS NNS IN IN MATTERS NNS OF IN DIVORCE NN AND CC OF IN JUDICIAL JJ SEPARATION NN Art NN . SENT 310 CD Divorce NN and CC judicial JJ separation NN are VBP governed VVN by IN French JJ law NN . SENT where WRB both DT spouses NNS are VBP of IN French JJ nationality NN . SENT where WRB both DT spouses NNS have VHP their PP$ domicile NN on IN French JJ territory NN . SENT where WRB no DT foreign JJ law NN considers VVZ it PP should MD govern VV whereas IN French JJ courts NNS have VHP jurisdiction NN over IN a DT divorce NN or CC judicial JJ separation NN case NN . SENT TITLE NN VII NP OF IN PARENT NN AND CC CHILD NN I NN Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD CHAPTER NN I NN PROVISIONS NNS COMMON JJ TO TO LEGITIMATE JJ AND CC ILLEGITIMATE JJ CHILDREN NNS Art NN . SENT 310 CD 1 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD All NP children NNS whose WP$ parentage NN is VBZ lawfully RB established JJ have VHP the DT same JJ rights NNS and CC the DT same JJ duties NNS in IN their PP$ relations NNS with IN their PP$ father NN and CC mother NN . SENT They PP enter VVP into IN the DT family NN of IN each DT of IN them PP . SENT Section NN I NN Of IN Presumptions NNS Regarding VVG Parentage NN Art NN . SENT 311 CD Legislation NN presumes VVZ that IN a DT child NN was VBD conceived VVN during IN the DT period NN that WDT extends VVZ from IN the DT three CD hundredth JJ to TO the DT one CD hundred CD and CC eightieth JJ day NN , , inclusive JJ , , before IN the DT date NN of IN birth NN . SENT Conception NN is VBZ presumed VVN to TO have VH taken VVN place NN at IN any DT time NN during IN that DT period NN , , depending VVG of IN what WP the DT welfare NN of IN the DT child NN requires VVZ . SENT Contrary JJ evidence NN may MD be VB adduced VVN to TO rebut VV those DT presumptions NNS . SENT Art NN . SENT 311 CD 1 CD Apparent JJ status NN shall MD result VV from IN a DT sufficient JJ collection NN of IN facts NNS showing VVG a DT bond NN of IN parentage NN and CC relationship NN between IN an DT individual NN and CC the DT family NN to TO which WDT he PP is VBZ said VVN to TO belong VV . SENT Apparent JJ status NN must MD be VB continuous JJ . SENT Art NN . SENT 311 CD 2 CD The DT main JJ ones NNS of IN those DT facts NNS shall MD be VB . SENT That IN the DT individual NN has VHZ always RB borne VVN the DT name NN of IN those DT from IN whom WP he PP is VBZ said VVN to TO descend VV . SENT That IN the DT latter NN have VHP treated VVN him PP as IN their PP$ child NN , , and CC that IN he PP has VHZ treated VVN them PP as IN his PP$ father NN and CC mother NN . SENT That IN they PP have VHP , , in IN that DT capacity NN , , provided VVN for IN his PP$ education NN , , support NN and CC settling NN . SENT That IN he PP is VBZ so RB recognized VVN in IN society NN and CC by IN the DT family NN . SENT That IN public JJ authorities NNS consider VVP him PP as RB such JJ . SENT Art NN . SENT 311 CD 3 CD Subject NN to TO the DT conditions NNS provided VVN for IN in IN Articles NNS 71 CD and CC 72 CD of IN this DT Code NP he PP parents NNS or CC the DT child NN may MD apply VV to TO the DT judge NN of IN guardianships NNS for IN an DT affidavit NN proving VVG until IN proof NN to TO the DT contrary NN the DT apparent JJ status NN , , without IN prejudice NN to TO any DT other JJ evidence NN to TO which WDT they PP may MD resort VV to TO establish VV its PP$ existence NN in IN court NN , , should MD it PP be VB contested VVN . SENT Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD The NP parental JJ bonds NNS established VVN by IN an DT apparent JJ status NN recorded VVN in IN an DT affidavit NN shall MD be VB mentioned VVN in IN the DT margin NN of IN the DT record NN of IN birth NN of IN the DT child NN . SENT Section NP II NP Of IN Actions NNS Regarding VVG Parentage NN Art NN . SENT 311 CD 4 CD No DT action NN is VBZ admissible JJ as RB to TO the DT parentage NN of IN a DT child NN who WP was VBD not RB born VVN viable JJ . SENT Art NN . SENT 311 CD 5 CD The DT tribunal NN de FW grande JJ instance NN exercising VVG civil JJ jurisdiction NN shall MD have VH exclusive JJ jurisdiction NN to TO have VH cognisance NN of IN actions NNS regarding VVG parentage NN . SENT Art NN . SENT 311 CD 6 CD In IN case NN of IN an DT offence NN interfering VVG with IN the DT parentage NN of IN an DT individual NN , , a DT criminal JJ action NN may MD be VB ruled VVN upon RP only RB after IN the DT judgment NN on IN the DT question NN of IN parentage NN has VHZ become VVN res NN judicata NNS . SENT Art NN . SENT 311 CD 7 CD Whenever WRB they PP are VBP not RB confined VVN by IN statute NN within IN shorter JJR periods NNS , , actions NNS regarding VVG parentage NN are VBP time NN barred VVN after IN thirty CD years NNS from IN the DT day NN when WRB the DT individual NN was VBD deprived VVN of IN the DT status NN that IN he PP claims VVZ , , or CC began VVD to TO enjoin VV the DT status NN that WDT is VBZ contested VVN against IN him PP . SENT Art NN . SENT 311 CD 8 CD An DT action NN who WP belonged VVD to TO an DT individual NN as RB to TO his PP$ parentage NN may MD be VB brought VVN by IN his PP$ heirs NNS only RB when WRB he PP died VVD as IN a DT minor JJ or CC within IN five CD years NNS after IN his PP$ coming VVG of IN age NN or CC his PP$ emancipation NN . SENT His PP$ heirs NNS may MD also RB pursue VV an DT action NN which WDT he PP had VHD already RB initiated VVN , , unless IN there EX was VBD a DT withdrawal NN or CC non JJ suit NN . SENT Art NN . SENT 311 CD 9 CD An DT action NN regarding VVG parentage NN may MD not RB be VB the DT subject NN of IN a DT waiver NN . SENT Art NN . SENT 311 CD 10 CD Judgments NNS handed VVN down RP in IN matters NNS of IN parentage NN are VBP enforceable JJ even RB against IN persons NNS who WP were VBD not RB parties NNS thereto RB . SENT but CC the DT latter NN are VBP entitled VVN to TO file VV third JJ party NN applications NNS for IN rehearing NN . SENT Judges NNS may MD of IN their PP$ own JJ motion NN require VVP that IN all PDT the DT parties NNS concerned VVN against IN whom WP they PP consider VVP judgment NN should MD be VB given JJ be VB joined VVN in IN the DT action NN . SENT Art NN . SENT 311 CD 11 CD Likewise RB , , where WRB in IN one CD of IN the DT actions NNS granted VVN by IN Articles NNS 340 CD and CC 342 CD below RB , , a DT defence NN repealed VVN is VBZ raised VVN , , based VVN on IN the DT fact NN that IN the DT mother NN had VHD , , during IN the DT legal JJ period NN of IN conception NN , , intercourse NN with IN a DT third JJ party NN , , the DT judge NN may MD order VV that IN the DT latter NN be VB joined VVN in IN the DT action NN . SENT Art NN . SENT 311 CD 12 CD The DT courts NNS shall MD rule VV on IN conflicts NNS of IN parentages NNS for IN which WDT legislation NN did VVD not RB lay VV down RP other JJ guidelines NNS by IN establishing VVG the DT most RBS probable JJ parentage NN through IN any DT evidence NN . SENT Failing VVG adequate JJ means NNS of IN conviction NN , , they PP shall MD have VH regard NN to TO the DT apparent JJ status NN . SENT Art NN . SENT 311 CD 13 CD In IN the DT case NN where WRB they PP are VBP constrained VVN to TO dismiss VV the DT claim NN of IN a DT party NN who WP actually RB educated VVN a DT minor JJ child NN , , the DT courts NNS may MD nevertheless RB , , account NN being VBG taken VVN of IN the DT welfare NN of IN the DT child NN , , grant VV to TO that DT party NN a DT right NN of IN access NN . SENT Section NP III NP Of IN the DT Conflict NN of IN Laws NP Relating VVG to TO the DT Establishing VVG of IN Parentage NN Art NN . SENT 311 CD 14 CD Parentage NN is VBZ governed VVN by IN the DT personal JJ law NN of IN the DT mother NN on IN the DT day NN of IN birth NN of IN the DT child NN . SENT where WRB the DT mother NN is VBZ unknown JJ , , by IN the DT child's JJ personal JJ law NN . SENT Art NN . SENT 311 CD 15 CD However RB , , where WRB a DT legitimate JJ child NN and CC his PP$ father NN and CC mother NN , , or CC an DT illegitimate JJ child NN and CC one CD of IN his PP$ father NN and CC mother NN have VHP in IN France NP their PP$ usual JJ common JJ or CC separate JJ residence NN , , the DT apparent JJ status NN has VHZ all PDT the DT consequences NNS it PP produces VVZ according VVG to TO French JJ law NN , , even RB when WRB the DT other JJ elements NNS of IN the DT parentage NN may MD depend VV upon IN a DT foreign JJ law NN . SENT Art NN . SENT 311 CD 16 CD Marriage NN involves VVZ legitimation NN where WRB , , on IN the DT day NN when WRB the DT union NN is VBZ celebrated JJ , , that DT consequence NN is VBZ admitted VVN either RB by IN the DT law NN governing VVG the DT effects NNS of IN marriage NN , , or CC by IN the DT personal JJ law NN of IN one CD of IN the DT spouses NNS , , or CC by IN the DT child's JJ personal JJ law NN . SENT Legitimation NN on IN the DT authority NN of IN the DT court NN is VBZ governed VVN , , at IN the DT choice NN of IN the DT petitioner NN , , either CC by IN the DT personal JJ law NN of IN the DT latter NN , , or CC by IN the DT child's JJ personal JJ law NN . SENT Art NN . SENT 311 CD 17 CD A DT voluntary JJ acknowledgement NN of IN paternity NN or CC maternity NN is VBZ valid JJ where WRB it PP was VBD made VVN in IN accordance NN with IN either CC the DT personal JJ law NN of IN his PP$ doer NN , , or CC the DT child's JJ personal JJ law NN . SENT Art NN . SENT 311 CD 18 CD An DT action NN for IN purposes NNS of IN subsidies NNS is VBZ governed VVN , , at IN the DT choice NN of IN the DT child NN , , by IN the DT law NN of IN its PP$ usual JJ residence NN or CC the DT law NN of IN the DT usual JJ residence NN of IN the DT debtor NN . SENT Section NP IV NP Of IN Medically RB Assisted VVN Procreation NN Art NN . SENT 311 CD 19 CD Act NP n NN 94 CD 653 CD of IN 29 CD July NP 1994 CD In IN case NN of IN a DT medically RB assisted VVN procreation NN with IN a DT third JJ party NN donor NN , , no DT parental JJ bonds NNS may MD be VB established VVN between IN the DT donor NN and CC the DT child NN born VVN out RP of IN the DT procreation NN . SENT No DT action NN in IN tort NN may MD lie VV against IN a DT donor NN . SENT Art NN . SENT 311 CD 20 CD Act NP n NN 94 CD 653 CD of IN 29 CD July NP 1994 CD Spouses NNS or CC unmarried JJ partners NNS who WP , , in IN order NN to TO procreate VV , , resort VV to TO a DT medical JJ assistance NN requiring VVG the DT intervention NN of IN a DT third JJ party NN donor NN , , must MD , , subject JJ to TO conditions NNS that WDT ensure VVP secrecy NN , , give VV first RB their PP$ consents NNS to TO a DT judge NN or CC a DT notaire NN who WP shall MD inform VV them PP of IN the DT consequences NNS of IN their PP$ act NN as RB regards VVZ parentage NN . SENT Consent NN given VVN to TO a DT medically RB assisted VVN procreation NN prohibits VVZ any DT action NN for IN challenging VVG parentage NN or CC claiming VVG a DT status NN unless IN it PP is VBZ argued VVN that IN the DT child NN was VBD not RB born VVN out RP of IN the DT medically RB assisted VVN procreation NN or CC that IN the DT consent NN was VBD deprived VVN of IN effect NN . SENT Consent NN is VBZ deprived VVN of IN effect NN in IN case NN of IN death NN , , of IN the DT filing NN of IN a DT petition NN for IN divorce NN or CC judicial JJ separation NN or CC of IN discontinuance NN of IN community NN life NN , , occurred VVD before IN the DT realisation NN of IN the DT medically RB assisted VVN procreation NN . SENT It PP is VBZ also RB deprived VVN of IN effect NN where WRB the DT male NN or CC the DT female NN revokes VVZ it PP in IN writing VVG and CC before IN the DT realisation NN of IN the DT medically RB assisted VVN procreation NN , , in IN the DT hands NNS of IN the DT physician NN in IN charge NN of IN the DT implementation NN of IN that DT assistance NN . SENT He PP who WP , , after IN consenting VVG to TO medical JJ assistance NN to TO procreation NN , , does VVZ not RB acknowledge VV the DT child NN born VVN out RP of IN it PP renders VVZ himself PP liable JJ vis FW vis FW the DT mother NN and CC child NN Furthermore RB , , may MD be VB judicially RB declared VVN the DT paternity NN outside IN of IN marriage NN of IN him PP who WP , , after IN consenting VVG to TO a DT medical JJ assistance NN to TO procreation NN , , does VVZ not RB acknowledge VV the DT child NN born VVN out RP of IN it PP . SENT The DT action NN shall MD comply VV with IN the DT provisions NNS of IN Article NP 340 CD 2 CD to TO 340 CD 6 CD . SENT Section NN V NN Of IN the DT Rules NNS of IN Devolution NN of IN Family NP Name NN 2002 CD . SENT Act NP n NN 2003 CD 516 CD of IN 18 CD June NP 20031 CD 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD Art NN . SENT 311 CD 21 CD Where WRB the DT parentage NN of IN a DT child NN has VHZ been VBN established VVN with IN regard NN to TO his PP$ two CD parents NNS at IN the DT latest JJS on IN the DT day NN of IN declaration NN of IN his PP$ birth NN or CC afterwards RB but CC simultaneously RB , , the DT parents NNS shall MD choose VV the DT family NN name NN which WDT devolves VVZ upon IN him PP . SENT either CC the DT father's NNS name NN , , or CC the DT mother's NNS name NN , , or CC both DT names NNS coupled VVN in IN the DT order NN they PP choose VVP within IN the DT limit NN of IN one CD family NN name NN for IN each DT of IN them PP . SENT Failing VVG a DT joint JJ declaration NN to TO the DT officer NN of IN civil JJ status NN mentioning VVG the DT choice NN of IN the DT name NN of IN the DT child NN , , the DT latter NN shall MD take VV the DT name NN of IN the DT parent NN with IN regard NN to TO whom WP his PP$ parentage NN has VHZ first RB been VBN established VVN and CC the DT father's JJ name NN where WRB his PP$ parentage NN has VHZ been VBN established VVN simultaneously RB with IN regard NN to TO both DT . SENT Where WRB a DT child NN of IN whom WP one CD parent NN at IN least JJS is VBZ French JJ is VBZ born VVN abroad RB , , parents NNS who WP have VHP not RB availed VVN themselves PP of IN the DT power NN to TO choose VV the DT name NN in IN the DT way NN provided VVD for IN in IN the DT preceding JJ paragraph NN may MD make VV such PDT a DT declaration NN at IN the DT time NN of IN the DT registration NN of IN the DT record NN , , at IN the DT latest JJS within IN three CD years NNS of IN the DT birth NN of IN the DT child NN . SENT A DT name NN devolving VVG on IN a DT first JJ child NN has VHZ effect NN as RB to TO the DT other JJ common JJ children NNS . SENT Where WRB the DT parents NNS or CC one CD of IN them PP bear VVP a DT double JJ family NN name NN , , they PP may MD , , by IN a DT joint JJ written JJ declaration NN , , transmit VV only RB one CD name NN to TO their PP$ children NNS . SENT Art NN . SENT 311 CD 22 CD The DT provisions NNS of IN Article NP 311 CD 21 CD shall MD apply VV to TO the DT child NN who WP becomes VVZ French JJ in IN compliance NN with IN Article NP 22 CD 1 CD , , in IN the DT way NN provided VVD for IN by IN a DT decree NN in IN Conseil NP d SYM tat NN . SENT Art NN . SENT 311 CD 23 CD The DT power NN to TO choose VV provided VVN for IN in IN Articles NNS 311 CD 21 CD and CC 334 CD 2 CD may MD be VB exercised VVN only RB once RB . SENT CHAPTER NN II NP OF IN LEGITIMATE JJ CHILDREN NNS Section NN I NN Of IN the DT Presumption NN of IN Paternity NN Art NN . SENT 312 CD A NP child NN conceived VVD in IN wedlock NN has VHZ the DT husband NN as IN his PP$ father NN . SENT However RB , , the DT latter NN may MD disavow VV the DT child NN in IN court NN , , where WRB he PP proves VVZ facts NNS fitted VVN to TO demonstrate VV that IN he PP cannot NN be VB the DT father NN . SENT Art NN . SENT 313 CD In IN case NN of IN judgment NN or CC even RB of IN petition NN , , either CC for IN divorce NN or CC for IN judicial JJ separation NN , , the DT presumption NN of IN paternity NN shall MD not RB apply VV to TO a DT child NN born VVN more JJR than IN three CD hundred CD days NNS after IN the DT order NN authorizing VVG the DT spouses NNS to TO live VV apart RB , , and CC less JJR than IN one CD hundred CD and CC eighty CD days NNS following VVG either CC the DT final JJ dismissal NN of IN the DT petition NN or CC a DT reconciliation NN . SENT The DT presumption NN of IN paternity NN regains VVZ however RB its PP$ full JJ force NN , , by IN operation NN of IN law NN , , where WRB the DT child NN has VHZ the DT apparent JJ status NN of IN a DT legitimate JJ child NN with IN regard NN to TO the DT spouses NNS . SENT Art NN . SENT 313 CD 1 CD The DT presumption NN of IN paternity NN shall MD be VB set VVN aside RB where WRB a DT child NN , , recorded VVN without IN indication NN of IN the DT husband's JJ name NN , , has VHZ an DT apparent JJ status NN only RB with IN regard NN to TO the DT mother NN . SENT Art NN . SENT 313 CD 2 CD Where WRB the DT presumption NN of IN paternity NN is VBZ set VVN aside RP in IN the DT circumstances NNS provided VVN for IN in IN the DT preceding JJ Articles NNS , , the DT parentage NN of IN a DT child NN is VBZ established VVN with IN regard NN to TO the DT mother NN as IN if IN there EX was VBD a DT disavowal NN admitted VVN in IN court NN . SENT Each DT one NN of IN the DT spouses NNS may MD request VV that IN the DT effects NNS of IN the DT presumption NN of IN paternity NN be VB reinstated VVN by IN proving VVG that IN , , during IN the DT statutory JJ period NN of IN conception NN , , a DT de FW facto FW relationship NN took VVD place NN , , that WDT renders VVZ probable JJ the DT paternity NN of IN the DT husband NN . SENT The DT action NN may MD be VB brought VVN by IN the DT child NN within IN two CD years NNS after IN his PP$ coming VVG of IN age NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT Art NN . SENT 314 CD A NP child NN born VVN before IN the DT one CD hundred CD and CC eightieth JJ day NN of IN marriage NN is VBZ legitimate JJ and CC shall MD be VB deemed VVN to TO have VH been VBN so RB as RB from IN his PP$ conception NN . SENT The DT husband NN , , however RB , , may MD disavow VV him PP as RB provided VVD for IN in IN Article NP 312 CD . SENT He PP may MD even RB disavow VV him PP on IN the DT sole JJ proof NN of IN the DT date NN of IN the DT delivery NN , , unless IN he PP knew VVD of IN the DT pregnancy NN before IN the DT marriage NN , , or CC behave VV like IN the DT father NN after IN the DT birth NN . SENT Art NN . SENT 315 CD The DT presumption NN of IN paternity NN shall MD not RB apply VV to TO a DT child NN born VVN more JJR than IN three CD hundred CD days NNS after IN the DT dissolution NN of IN the DT marriage NN or CC , , in IN case NN of IN declared VVN absence NN of IN the DT husband NN , , to TO the DT one NN who WP was VBD born VVN more JJR than IN three CD hundred CD days NNS after IN the DT disappearance NN . SENT Art NN . SENT 316 CD A NP husband NN must MD institute VV an DT action NN in IN disavowal NN within IN six CD months NNS of IN the DT birth NN , , where WRB he PP is VBZ on IN the DT spot NN . SENT Where WRB he PP was VBD not RB on IN the DT spot NN , , within IN six CD months NNS from IN his PP$ return NN . SENT And CC within IN six CD months NNS following VVG the DT discovery NN of IN the DT fraud NN , , where WRB the DT birth NN of IN the DT child NN was VBD concealed VVN from IN him PP . SENT Art NN . SENT 316 CD 1 CD Where WRB the DT husband NN is VBZ dead JJ before IN having VHG instituted VVN the DT action NN , , but CC still RB being VBG within IN the DT prescribed JJ period NN for IN doing VVG so RB , , his PP$ heirs NNS are VBP entitled VVN to TO contest VV the DT legitimacy NN of IN the DT child NN . SENT Their PP$ action NN ceases VVZ nevertheless RB to TO be VB admissible JJ where WRB six CD months NNS have VHP elapsed VVN from IN the DT time NN when WRB the DT child NN has VHZ taken VVN possession NN of IN property NN claimed VVN to TO be VB paternal JJ , , or CC from IN the DT time NN when WRB the DT child NN has VHZ disturbed VVN them PP in IN their PP$ own JJ possession NN . SENT Art NN . SENT 316 CD 2 CD An DT extra JJ judicial JJ instrument NN containing VVG a DT disavowal NN on IN the DT part NN of IN the DT husband NN or CC a DT contestation NN of IN legitimacy NN on IN the DT part NN of IN the DT heirs NNS , , is VBZ void JJ where WRB it PP is VBZ not RB followed VVN by IN an DT action NN at IN law NN within IN the DT period NN of IN six CD months NNS . SENT Art NN . SENT 317 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD An DT action NN in IN disavowal NN shall MD be VB directed VVN , , in IN the DT presence NN of IN the DT mother NN , , against IN an DT ad FW hoc FW administrator NN designated VVN on IN behalf NN of IN the DT child NN by IN the DT judge NN of IN guardianships NNS in IN the DT way NN provided VVD for IN in IN Article NP 389 CD 3 CD . SENT Art NN . SENT 318 CD Even RB where WRB there EX is VBZ no DT disavowal NN , , the DT mother NN may MD contest VV the DT paternity NN of IN the DT husband NN , , but CC only RB for IN the DT purpose NN of IN legitimation NN , , when WRB she PP remarried VVD with IN the DT true JJ father NN of IN the DT child NN after IN dissolution NN of IN the DT marriage NN . SENT Art NN . SENT 318 CD 1 CD On IN pain NN of IN dismissal NN , , an DT action NN , , directed VVN against IN the DT husband NN or CC his PP$ heirs NNS , , must MD be VB joined VVN with IN an DT application NN for IN legitimation NN brought VVN before IN the DT tribunal NN de NP grande NP instance NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT It PP must MD be VB lodged VVN by IN the DT mother NN and CC her PP$ new JJ spouse NN within IN six CD months NNS of IN their PP$ marriage NN and CC before IN the DT child NN has VHZ reached VVN the DT age NN of IN seven CD years NNS . SENT Art NN . SENT 318 CD 2 CD Judgment NN is VBZ given VVN on IN the DT two CD petitions NNS by IN one CD and CC the DT same JJ ruling NN which WDT may MD entertain VV the DT contestation NN of IN legitimacy NN only RB where WRB legitimation NN is VBZ admitted VVN . SENT Section NP II NP Of IN Proofs NNS of IN Legitimacy NN Art NN . SENT 319 CD Parentage NN of IN legitimate JJ children NNS is VBZ proved VVN by IN records NNS of IN birth NN entered VVN in IN the DT registers NNS of IN civil JJ status NN . SENT Art NN . SENT 320 CD Failing NP this DT instrument NN , , apparent JJ status NN of IN a DT legitimate JJ child NN is VBZ sufficient JJ . SENT Art NN . SENT 321 RB There EX is VBZ apparent JJ status NN of IN a DT legitimate JJ child NN where WRB it PP binds VVZ the DT child NN indivisibly RB to TO his PP$ father NN and CC mother NN . SENT Art NN . SENT 322 CD No RB one PP may MD claim VV a DT status NN contrary NN to TO that DT which WDT is VBZ given VVN to TO him PP by IN his PP$ record NN of IN birth NN and CC an DT apparent JJ status NN consistent JJ with IN that DT record NN . SENT And CC reciprocally RB , , no DT one NN may MD contest VV the DT status NN of IN a DT person NN who WP has VHZ an DT apparent JJ status NN consistent JJ with IN his PP$ record NN of IN birth NN . SENT Art NN . SENT 322 CD 1 CD If IN however RB it PP is VBZ alleged VVN that IN there EX was VBD a DT setting VVG up RP of IN a DT supposititious JJ child NN , , or CC a DT substitution NN , , even RB unintentional JJ , , either CC before RB , , or CC after IN the DT drafting VVG of IN the DT birth NN record NN , , proof NN of IN it PP is VBZ admissible JJ and CC may MD be VB made VVN by IN any DT means NNS . SENT Art NN . SENT 323 CD Failing NP record NN and CC apparent JJ status NN , , or CC where WRB the DT child NN was VBD entered VVN , , either CC under IN false JJ names NNS or CC without IN indication NN of IN the DT mother's JJ name NN , , proof NN of IN the DT parentage NN may MD be VB judicially RB made VVN only RB where WRB there RB exist VV presumptions NNS or CC circumstantial JJ evidence NN serious JJ enough RB to TO allow VV its PP$ being NN admissible JJ . SENT Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT repealed VVN Art NN . SENT 324 CD repealed VVN Art NN . SENT 325 CD Contrary JJ proof NN may MD be VB made VVN by IN any DT appropriate JJ means NNS to TO establish VV that IN the DT claimant NN is VBZ not RB the DT child NN of IN the DT mother NN whom WP he PP claims VVZ to TO have VH or CC even RB , , maternity NN being VBG proved VVN , , that IN it PP is VBZ not RB the DT child NN of IN the DT mother's JJ husband NN . SENT Where WRB the DT husband NN was VBD not RB joined VVN in IN the DT case NN for IN the DT claiming VVG of IN status NN , , he PP may MD contest VV his PP$ paternity NN within IN a DT period NN of IN six CD months NNS after IN the DT day NN when WRB he PP knew VVD of IN the DT judgment NN which WDT entertained VVD the DT petition NN of IN the DT child NN having VHG become VVN res NN judicata NNS . SENT Art NN . SENT 326 CD Without IN waiting VVG for IN a DT claim NN of IN status NN to TO be VB instituted VVN by IN the DT child NN , , the DT husband NN may MD , , by IN any DT means NNS , , contest VV his PP$ paternity NN within IN a DT period NN of IN six CD months NNS after IN the DT day NN when WRB he PP knew VVD of IN the DT birth NN . SENT Art NN . SENT 327 CD After IN the DT death NN of IN the DT husband NN , , his PP$ heirs NNS are VBP likewise RB entitled VVN to TO contest VV his PP$ paternity NN , , either CC as IN a DT precautionary JJ step NN where WRB the DT husband NN was VBD still RB in IN the DT prescribed JJ period NN for IN doing VVG so RB , , or CC in IN defence NN to TO a DT claim NN of IN status NN . SENT Art NN . SENT 328 CD The NP spouses NNS , , separately RB or CC jointly RB , , may MD , , by IN bringing VVG in IN proof NN as RB provided VVD for IN in IN Article NP 323 CD above RB , , claim VVP a DT child NN as IN their PP$ own JJ . SENT but CC if IN the DT latter NN already RB has VHZ an DT established JJ parentage NN , , they PP must MD first RB demonstrate VV its PP$ inaccuracy NN , , supposing VVG that IN the DT case NN is VBZ one CD of IN those DT in IN which WDT the DT law NN authorizes VVZ that DT demonstration NN . SENT Section NP III NP Of IN Legitimation NN Art NN . SENT 329 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Legitimation NN may MD benefit VV all DT illegitimate JJ children NNS provided VVN that IN their PP$ parentage NN has VHZ been VBN lawfully RB established VVN . SENT Art NN . SENT 330 CD Legitimation NN takes VVZ place NN either CC by IN marriage NN of IN the DT parents NNS , , or CC on IN the DT authority NN of IN the DT court NN . SENT 1 CD Of IN Legitimation NN by IN Marriage NN Art NN . SENT 331 CD All NP children NNS born VVN out RP of IN wedlock NN , , even RB deceased JJ Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD , , are VBP legitimated VVN by IN operation NN of IN law NN by IN the DT subsequent JJ marriage NN of IN their PP$ parents NNS . SENT Where WRB their PP$ parentage NN was VBD not RB already RB established VVN , , those DT children NNS must MD be VB the DT subject NN of IN an DT acknowledgement NN at IN the DT moment NN of IN celebration NN of IN the DT marriage NN . SENT . SENT In IN that DT event NN , , the DT officer NN of IN civil JJ status NN who WP performs VVZ the DT celebration NN shall MD take VV note NN of IN the DT acknowledgement NN and CC of IN the DT legitimation NN in IN a DT separate JJ record NN . SENT The DT family NN name NN of IN the DT children NNS is VBZ determined VVN under IN the DT rules NNS laid VVN down RP in IN Article NP 311 CD 21 CD Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD Art NN . SENT 331 CD 1 CD Where WRB the DT parentage NN of IN an DT illegitimate JJ child NN was VBD established VVN with IN regard NN to TO his PP$ father NN and CC mother NN or CC one NN of IN them PP only RB after IN their PP$ marriage NN , , legitimation NN may MD take VV place NN only RB by IN virtue NN of IN a DT judgment NN . SENT That DT judgment NN shall MD state VV that IN the DT child NN has VHZ , , since IN the DT celebration NN of IN the DT marriage NN , , enjoyed VVD the DT apparent JJ status NN of IN their PP$ common JJ child NN . SENT Art NN . SENT 331 CD 2 CD Any DT legitimation NN shall MD be VB mentioned VVN in IN the DT margin NN of IN the DT record NN of IN birth NN of IN the DT legitimated VVN child NN . SENT That DT mention NN may MD be VB required VVN by IN any DT party NN concerned VVN . SENT In IN the DT case NN of IN Article NP 331 CD , , the DT officer NN of IN civil JJ status NN shall MD provide VV for IN it PP himself PP , , where WRB he PP had VHD knowledge NN of IN the DT existence NN of IN the DT children NNS . SENT The DT mention NN of IN the DT legitimation NN on IN the DT record NN of IN birth NN of IN an DT adult NN child NN is VBZ of IN no DT effect NN on IN his PP$ patronymic NN replaced VVN by IN family NN name NN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD where WRB the DT record NN does VVZ not RB contain VV in IN addition NN mention NN of IN the DT consent NN of IN the DT party NN concerned VVN to TO the DT modification NN of IN his PP$ patronymic NN replaced VVN by IN family NN name NN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD Art NN . SENT 332 CD repealed VVN Art NN . SENT 332 CD 1 CD Legitimation NN confers VVZ on IN a DT legitimated VVN child NN the DT rights NNS and CC duties NNS of IN a DT legitimate JJ child NN . SENT By IN means NNS of IN a DT joint JJ declaration NN produced VVN at IN the DT time NN of IN the DT celebration NN of IN the DT marriage NN or CC ascertained VVD by IN the DT court NN , , the DT parents NNS are VBP entitled VVN to TO the DT option NN provided VVD for IN in IN Article NP 311 CD 21 CD , , if IN parentage NN has VHZ been VBN established VVN in IN the DT way NN provided VVD for IN in IN Article NP 334 CD 1 CD and CC if IN they PP did VVD not RB avail VV themselves PP of IN the DT power NN given VVN by IN Article NP 334 CD 2 CD Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 2002 CD . SENT Act NP n NN 2003 CD 516 CD of IN 18 CD June NP 20031 CD . SENT Legitimation NN however RB may MD not RB have VH the DT effect NN of IN modifying VVG the DT patronymic NN replaced VVN by IN family NN name NN , , Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 2002 CD . SENT Act NP n NN 2003 CD 516 CD of IN 18 CD June NP 20031 CD of IN an DT adult NN child NN without IN his PP$ consent NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT It PP takes VVZ effect NN from IN the DT date NN of IN the DT marriage NN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD 2 CD Of IN Legitimation NN on IN the DT Authority NP of IN the DT Court NP Art NP . SENT 333 CD Where WRB it PP appears VVZ that IN a DT marriage NN is VBZ impossible JJ between IN the DT two CD parents NNS , , the DT benefit NN of IN legitimation NN may MD yet RB be VB conferred VVN on IN the DT child NN on IN the DT authority NN of IN the DT court NN provided VVD that IN he PP has VHZ , , with IN regard NN to TO the DT parent NN who WP so RB requests NNS , , the DT apparent JJ status NN of IN an DT illegitimate JJ child NN . SENT Art NN . SENT 333 CD 1 CD A DT petition NN for IN purposes NNS of IN legitimation NN must MD be VB initiated VVN by IN one CD of IN the DT two CD parents NNS or CC by IN both CC jointly RB before IN the DT tribunal NN de FW grande JJ instance NN . SENT Art NN . SENT 333 CD 2 CD Where WRB one CD of IN the DT parents NNS was VBD , , at IN the DT time NN of IN conception NN , , in IN bonds NNS of IN a DT wedlock NN which WDT is VBZ not RB dissolved VVN , , his PP$ or CC her PP$ petition NN is VBZ admissible JJ only RB with IN the DT consent NN of IN her PP or CC his PP$ spouse NN . SENT Art NN . SENT 333 CD 3 CD The DT court NN shall MD verify VV whether IN the DT statutory JJ conditions NNS are VBP fulfilled VVN and CC , , after IN receiving VVG or CC inducing VVG , , if IN there EX is VBZ occasion NN , , the DT comments NNS of IN the DT child NN himself PP , , of IN the DT other JJ parent NN where WRB he PP or CC she PP is VBZ not RB a DT party NN to TO the DT petition NN , , as RB well RB as RB that IN of IN the DT spouse NN of IN the DT petitioner NN , , it PP shall MD pronounce VV the DT legitimation NN , , if IN it PP considers VVZ it PP is VBZ justified JJ . SENT Art NN . SENT 333 CD 4 CD A DT legitimation NN on IN the DT authority NN of IN the DT court NN takes VVZ effect NN at IN the DT date NN of IN the DT judgment NN which WDT pronounces VVZ it PP finally RB . SENT Where WRB it PP took VVD place NN on IN petition NN of IN one CD of IN the DT parents NNS , , it PP does VVZ not RB have VH any DT effect NN with IN regard NN to TO the DT other JJ . SENT it PP does VVZ not RB involve VV change NN of IN the DT family NN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD name NN of IN the DT child NN , , unless IN the DT court NN otherwise RB decides VVZ . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD Art NN . SENT 333 CD 5 CD Where WRB legitimation NN on IN the DT authority NN of IN the DT court NN was VBD pronounced VVN with IN regard NN to TO both DT parents NNS , , the DT child NN shall MD take VV the DT name NN of IN the DT father NN replaced VVN by IN the DT family NN name NN of IN the DT child NN is VBZ determined VVN under IN the DT rules NNS laid VVN down RP by IN Articles NNS 311 CD 21 CD and CC 311 CD 23 CD Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD . SENT where WRB he PP is VBZ a DT minor JJ , , the DT court NN shall MD rule VV on IN the DT terms NNS of IN exercise NN of IN parental JJ authority NN Act NP n NN 87 CD 750 CD of IN 22 CD July NP 1987 CD as IN in IN matters NNS of IN divorce NN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD Art NN . SENT 333 CD 6 CD The DT provisions NNS of IN Articles NNS 331 CD 2 CD , , repealed VVN and CC 332 CD 1 CD , , paragraph NN 1 CD , , shall MD apply VV to TO legitimation NN on IN the DT authority NN of IN the DT court NN 1 CD . SENT 1 CD Shall NP continue VV in IN force NN until IN 31 CD Dec NP 2004 CD . SENT Art NN . SENT 333 CD 6 CD . SENT The DT provisions NNS of IN Article NP 331 CD 2 CD and CC of IN the DT first JJ two CD paragraphs NNS of IN Article NP 332 CD 1 CD shall MD apply VV to TO legitimation NN on IN the DT authority NN of IN the DT court NN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 2002 CD 1 CD . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP 2005 CD CHAPTER NN III NP OF IN ILLEGITIMATE JJ CHILDREN NNS Section NN I NN Of IN the DT Effects NNS of IN Illegitimacy NN and CC of IN the DT Modes NNS of IN Establishing VVG Illegitimate JJ Kinship NN in IN General NP Art NP . SENT 334 RB repealed VVN deleted VVN Art NN . SENT 334 CD 1 CD An DT illegitimate JJ child NN acquires VVZ the DT name NN of IN the DT parent NN with IN regard NN to TO whom WP his PP$ parentage NN has VHZ been VBN established VVN in IN the DT first JJ place NN . SENT his PP$ father's NNS name NN , , where WRB his PP$ parentage NN has VHZ been VBN established VVN simultaneously RB with IN regard NN to TO both DT . SENT deleted VVN by IN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP 2005 CD Art NN . SENT 334 CD 2 CD Even RB where WRB his PP$ parentage NN was VBD established VVN only RB in IN the DT second JJ place NN with IN regard NN to TO the DT father NN , , an DT illegitimate JJ child NN may MD take VV the DT latter's JJ name NN by IN substitution NN when WRB , , during IN his PP$ minority NN , , the DT two CD parents NNS make VVP joint JJ declaration NN of IN it PP before IN the DT chief JJ clerk NN of IN the DT tribunal NN de NP grande NP instance NN Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 CD 1 CD . SENT Where WRB the DT child NN is VBZ more JJR than IN thirteen CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD years NNS old JJ , , his PP$ personal JJ consent NN is VBZ required VVN . SENT 1 CD Shall NP continue VV in IN force NN until IN 30 CD Dec NP . SENT 2004 CD Art NN . SENT 334 CD 2 CD . SENT Where WRB the DT name NN of IN an DT illegitimate JJ child NN was VBD not RB transmitted VVN in IN the DT way NN provided VVD for IN in IN Article NP 311 CD 21 CD , , his PP$ parents NNS may MD , , by IN means NNS of IN a DT joint JJ declaration NN made VVN before IN the DT officer NN of IN civil JJ status NN , , choose VVP during IN his PP$ minority NN whether IN they PP will MD substitute VV to TO it PP the DT family NN name NN of IN the DT parent NN with IN regard NN to TO whom WP parentage NN was VBD established VVN in IN the DT second JJ place NN , , or CC couple NN their PP$ two CD names NNS , , in IN the DT order NN they PP choose VVP , , within IN the DT limit NN of IN one CD family NN name NN for IN each DT of IN them PP . SENT Mention VV of IN the DT change NN of IN name NN shall MD appear VV in IN the DT margin NN of IN the DT record NN of IN birth NN . SENT Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 2002 CD . SENT Act NP n NN 2003 CD 516 CD of IN 18 CD June NP 20031 CD . SENT Where WRB the DT child NN is VBZ more JJR than IN thirteen CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD years NNS old JJ , , his PP$ personal JJ consent NN is VBZ required VVN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP 2005 CD Art NN . SENT 334 CD 3 CD . SENT In IN the DT other JJ cases NNS , , the DT change NN of IN name NN of IN an DT illegitimate JJ child NN must MD be VB requested VVN to TO the DT family NN causes VVZ judge NN . SENT However RB , , the DT tribunal NN de NP grande NP instance NN seized VVD of IN a DT request NN for IN the DT change NN of IN status NN of IN an DT illegitimate JJ child NN may MD in IN one CD and CC the DT same JJ judgment NN rule NN on IN it PP and CC on IN the DT application NN for IN the DT change NN of IN name NN of IN the DT child NN that WDT was VBD brought VVN before IN it PP Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT An DT action NN may MD be VB instituted VVN during IN the DT minority NN of IN the DT child NN and CC within IN two CD years NNS following VVG either CC its PP$ coming VVG of IN age NN , , or CC a DT modification NN brought VVD about RB in IN his PP$ status NN . SENT Art NN . SENT 334 CD 4 CD The DT substitution NN of IN name NN extends VVZ as RB of IN right NN to TO the DT minor JJ children NNS of IN the DT party NN concerned VVN . SENT It PP extends VVZ to TO adult NN children NNS only RB with IN their PP$ consent NN . SENT Art NN . SENT 334 CD 5 CD Failing NP established JJ paternity NN , , the DT mother's NNS husband NN may MD , , by IN substitution NN , , confer VVP his PP$ own JJ name NN on IN the DT child NN by IN a DT declaration NN made VVD jointly RB with IN the DT mother NN , , under IN the DT conditions NNS laid VVN down RP in IN Article NP 334 CD 2 CD above IN 1 CD . SENT . SENT The DT child NN may MD however RB request VV to TO take VV back RB the DT name NN which WDT he PP bore VVD before IN , , through IN a DT petition NN submitted VVN to TO the DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD , , within IN two CD years NNS following VVG his PP$ coming VVG of IN age NN . SENT 1 CD Shall NP continue VV in IN force NN until IN 31 CD Dec NP . SENT 2004 CD . SENT Art NN . SENT 334 CD 5 CD . SENT Failing VVG established JJ maternity NN or CC paternity NN , , the DT father's JJ wife NN or CC the DT mother's JJ husband NN according VVG to TO the DT circumstances NNS may MD confer VV by IN substitution NN her PP or CC his PP$ family NN name NN to TO the DT child NN by IN a DT declaration NN made VVD jointly RB with IN the DT other JJ spouse NN , , subject JJ to TO the DT conditions NNS set VVD out RP in IN Article NP 334 CD 2 CD . SENT Subject JJ to TO the DT same JJ conditions NNS , , the DT coupled VVN names NNS of IN both DT spouses NNS may MD also RB be VB conferred VVN on IN the DT child NN in IN the DT order NN they PP have VHP chosen VVN and CC within IN the DT limit NN of IN one CD name NN for IN each DT of IN them PP . SENT Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD . SENT The DT child NN may MD however RB request VV to TO take VV back RB the DT name NN which WDT he PP bore VVD before IN , , through IN a DT petition NN submitted VVN to TO the DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD , , within IN two CD years NNS following VVG his PP$ coming VVG of IN age NN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP 2005 CD Art NN . SENT 334 CD 6 CD The DT rules NNS for IN attributing VVG a DT name NN provided VVD for IN in IN the DT preceding JJ Articles NNS shall MD not RB prejudice VV the DT effects NNS of IN an DT apparent JJ status NN . SENT Art NN . SENT 334 CD 7 CD repealed VVN Art NN . SENT 334 CD 8 CD Act NP n NN 82 CD 536 CD of IN 25 CD June NP 1982 CD Illegitimate JJ parentage NN is VBZ lawfully RB established VVN by IN voluntary JJ acknowledgement NN . SENT Illegitimate JJ parentage NN may MD also RB be VB lawfully RB established VVN by IN an DT apparent JJ status NN or CC by IN the DT effect NN of IN a DT judgment NN . SENT Art NN . SENT 334 CD 9 CD An DT acknowledgement NN is VBZ void JJ , , a DT paternity NN or CC maternity NN action NN is VBZ not RB admissible JJ , , where WRB the DT child NN has VHZ a DT legitimate JJ prentage NN already RB established VVN by IN an DT apparent JJ status NN . SENT Art NN . SENT 334 CD 10 CD Where WRB there EX exists VVZ between IN the DT father NN and CC mother NN of IN the DT illegitimate JJ child NN one NN of IN the DT impediments NNS to TO marriage NN provided VVD for IN by IN Articles NNS 161 CD and CC 162 CD above IN by IN reason NN of IN kinship NN , , if IN parentage NN is VBZ already RB established VVN with IN regard NN to TO the DT one NN , , it PP is VBZ forbidden VVN to TO establish VV parentage NN with IN regard NN to TO the DT other JJ . SENT Section NP II NP Of IN the DT Acknowledgement NN of IN Illegitimate JJ Children NP Art NP . SENT 335 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Acknowledgment NN of IN an DT illegitimate JJ child NN may MD be VB made VVN in IN the DT record NN of IN birth NN , , by IN an DT instrument NN received VVD by IN the DT officer NN of IN civil JJ status NN or CC by IN any DT other JJ authentic JJ instrument NN . SENT The DT instrument NN shall MD contain VV the DT statements NNS provided VVN for IN in IN Article NP 62 CD . SENT Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD It PP shall MD also RB contain VV a DT mention NN that IN the DT maker NN of IN the DT acknowledgement NN was VBD informed VVN of IN the DT divisible JJ character NN of IN the DT bond NN of IN illegitimate JJ kinship NN . SENT Art NN . SENT 336 CD An DT acknowledgement NN of IN the DT father NN without IN indication NN of IN the DT mother NN and CC admission NN on IN her PP$ part NN , , has VHZ effect NN only RB with IN regard NN to TO the DT father NN . SENT Art NN . SENT 337 CD A DT record NN of IN birth NN designating VVG the DT mother NN is VBZ deemed VVN to TO be VB an DT acknowledgment NN , , where WRB it PP is VBZ corroborated VVN by IN an DT apparent JJ status NN . SENT Art NN . SENT 338 CD So RB long JJ as IN it PP is VBZ not RB contested VVN in IN court NN , , an DT acknowledgement NN renders VVZ inadmissible JJ the DT establishing VVG of IN another DT parentage NN which WDT contradicts VVZ it PP . SENT Art NN . SENT 339 CD An DT acknowledgement NN may MD be VB contested VVN by IN all DT persons NNS having VHG an DT interest NN therein RB , , including VVG his PP$ maker NN . SENT An DT action NN may MD also RB be VB instituted VVN by IN the DT Government NP procurator's NN office NN where WRB circumstantial JJ evidence NN based VVN on IN the DT instruments NNS themselves PP renders VVZ improbable JJ the DT declared VVN paternity NN or CC maternity NN . SENT It PP may MD likewise RB be VB instituted VVN where WRB acknowledgement NN was VBD made VVN for IN evading VVG the DT rules NNS which WDT govern VVP adoption NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD . SENT Where WRB there EX exists VVZ an DT apparent JJ status NN which WDT is VBZ consistent JJ with IN the DT acknowledgement NN and CC has VHZ lasted VVN at IN least JJS ten CD years NNS after IN it PP , , no DT contestation NN is VBZ any DT longer RBR admissible JJ , , unless IN on IN the DT part NN of IN the DT other JJ parent NN , , of IN the DT child NN himself PP or CC of IN those DT who WP claim VVP to TO be VB the DT true JJ parents NNS . SENT Section NP III NP Of IN Paternity NN and CC Maternity NN Suits NP Art NP . SENT 340 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Paternity NN out RP of IN wedlock NN may MD be VB judicially RB declared VVN . SENT Proof NN of IN it PP may MD be VB made VVN only RB where WRB there RB exist VV serious JJ presumptions NNS or CC circumstantial JJ evidence NN . SENT Art NN . SENT 340 CD 1 CD repealed VVN Art NN . SENT 340 CD 2 CD The DT action NN belongs VVZ only RB to TO the DT child NN . SENT During IN the DT minority NN of IN the DT child NN , , the DT mother NN , , albeit IN a DT minor JJ , , is VBZ alone RB entitled VVN to TO institute VV it PP . SENT Where WRB the DT mother NN did VVD not RB acknowledge VV the DT child NN , , where WRB she PP is VBZ dead JJ or CC unable JJ to TO express VV her PP$ intention NN , , the DT action NN shall MD be VB instituted VVN as IN provided VVN for IN in IN Article NP 464 CD , , paragraph NN 3 CD , , of IN this DT Code NP . SENT Art NN . SENT 340 CD 3 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD An DT action NN to TO establish VV paternity NN must MD be VB brought VVN against IN the DT alleged JJ father NN or CC against IN his PP$ heirs NNS . SENT in IN the DT absence NN of IN heirs NNS or CC where WRB they PP have VHP renounced VVD the DT succession NN , , against IN the DT State NP , , the DT renouncing VVG heirs NNS being VBG nevertheless RB joined VVN in IN the DT action NN in IN order NN to TO maintain VV their PP$ rights NNS . SENT Art NN . SENT 340 CD 4 CD An DT action NN must MD be VB instituted VVN within IN two CD years NNS after IN the DT child's JJ birth NN , , on IN pain NN of IN lapse NN . SENT Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Where WRB however RB the DT alleged JJ father NN and CC the DT mother NN have VHP lived VVN , , during IN the DT statutory JJ period NN of IN conception NN , , in IN a DT state NN of IN concubinage NN involving VVG , , in IN the DT absence NN of IN community NN life NN , , an DT enduring JJ or CC continuous JJ relationship NN , , the DT action NN may MD be VB instituted VVN until IN the DT expiry NN of IN a DT period NN of IN two CD years NNS following VVG the DT ending NN of IN the DT concubinage NN . SENT Where WRB the DT alleged JJ father NN contributed VVD to TO the DT support NN , , the DT education NN or CC the DT settling NN of IN the DT child NN in IN the DT capacity NN of IN a DT father NN , , the DT action NN may MD be VB instituted VVN until IN the DT expiry NN of IN a DT period NN of IN two CD years NNS following VVG the DT ending NN of IN that DT contribution NN . SENT Where WRB an DT action NN was VBD not RB instituted VVN during IN the DT minority NN of IN the DT child NN , , the DT latter NN may MD institute VV it PP during IN two CD years NNS after IN his PP$ coming VVG of IN age NN . SENT Art NN . SENT 340 CD 5 CD Where WRB it PP entertains VVZ the DT action NN , , the DT court NN may MD , , on IN petition NN of IN the DT mother NN , , order VV the DT father NN to TO reimburse VV her PP for IN all DT or CC part NN of IN her PP$ maternity NN and CC support NN expenses NNS during IN the DT three CD months NNS preceding VVG and CC the DT three CD months NNS following VVG the DT birth NN , , without IN prejudice NN to TO damages NNS she PP may MD claim VV under IN Articles NNS 1382 CD and CC 1383 CD . SENT Art NN . SENT 340 CD 6 CD The DT court NN shall MD rule VV , , if IN there EX is VBZ occasion NN , , on IN the DT attribution NN of IN name NN and CC on IN parental JJ authority NN , , under IN Articles NNS 334 CD 3 CD and CC 372 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD . SENT Art NN . SENT 340 CD 7 CD When WRB dismissing VVG the DT petition NN , , the DT judges NNS may MD , , however RB , , allow VV subsidies NNS to TO the DT child NN , , if IN the DT relationship NN between IN the DT mother NN and CC the DT defendant NN was VBD proved VVN in IN the DT way NN provided VVD for IN in IN Articles NNS 342 CD and CC following VVG . SENT Art NN . SENT 341 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Maternity NN suits NNS are VBP allowed VVN subject JJ to TO Article NP 341 CD 1 CD . SENT The DT child NN who WP brings VVZ the DT action NN must MD prove VV that IN he PP is VBZ the DT one NN to TO whom WP the DT alleged JJ mother NN has VHZ given VVN birth NN . SENT Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Proof NN of IN it PP may MD be VB made VVN only RB where WRB there RB exist VV serious JJ presumptions NNS or CC circumstantial JJ evidence NN . SENT Art NN . SENT 341 CD 1 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD After IN a DT child's JJ birth NN , , his PP$ mother NN may MD request VV that IN the DT secrecy NN as RB to TO her PP$ admittance NN and CC identity NN be VB preserved VVN . SENT Section NP IV NP Of IN the DT Action NP for IN Purpose NN of IN Subsidies NNS Art NN . SENT 342 RB An DT illegitimate JJ child NN whose WP$ paternal JJ parentage NN is VBZ not RB lawfully RB established VVN may MD claim VV subsidies NNS to TO the DT one CD who WP had VHD a DT relationship NN with IN his PP$ mother NN during IN the DT statutory JJ period NN of IN conception NN . SENT Act NP n NN 77 CD 1456 CD of IN 29 CD Dec NP . SENT 1977 CD An DT action NN may MD be VB instituted VVN during IN the DT whole JJ minority NN of IN the DT child NN . SENT the DT latter NN may MD still RB institute VV it PP within IN two CD years NNS following VVG his PP$ coming VVG of IN age NN where WRB it PP was VBD not RB done VVN during IN his PP$ minority NN . SENT An DT action NN is VBZ admissible JJ even RB where WRB the DT father NN or CC mother NN were VBD , , at IN the DT time NN of IN the DT conception NN , , in IN the DT bonds NNS of IN a DT wedlock NN with IN another DT person NN , , or CC if IN there EX existed VVD between IN them PP an DT impediment NN to TO marriage NN governed VVN by IN Articles NNS 161 CD to TO 164 CD of IN this DT Code NP . SENT Art NN . SENT 342 CD 1 CD An DT action NN for IN purpose NN of IN subsidies NNS may MD also RB be VB instituted VVN by IN the DT child NN of IN a DT married JJ woman NN , , where WRB his PP$ record NN of IN legitimate JJ child NN is VBZ not RB corroborated VVN by IN an DT apparent JJ status NN . SENT Art NN . SENT 342 CD 2 CD Subsidies NNS shall MD be VB settled VVN , , in IN the DT form NN of IN periodical JJ payments NNS , , according VVG to TO the DT needs NNS of IN the DT child NN , , the DT means NN of IN the DT debtor NN and CC his PP$ family NN situation NN . SENT Periodical JJ payments NNS may MD be VB owed VVN beyond IN the DT coming VVG of IN age NN of IN the DT child NN , , where WRB he PP is VBZ still RB in IN need NN , , unless IN that DT circumstance NN is VBZ imputable JJ to TO his PP$ fault NN . SENT Art NN . SENT 342 CD 3 CD Where WRB there EX is VBZ occasion NN to TO apply VV Article NP 311 CD 11 CD above RB , , the DT judge NN , , failing VVG other JJ factors NNS for IN decision NN , , has VHZ the DT discretion NN to TO impose VV on IN the DT defendants NNS an DT indemnity NN intended VVD to TO ensure VV the DT support NN and CC education NN of IN the DT child NN , , where WRB faults NNS are VBP established VVN against IN them PP or CC commitments NNS were VBD previously RB entered VVN into IN by IN them PP . SENT That DT indemnity NN shall MD be VB collected VVN by IN the DT Children's NP aid NN service NN , , a DT public JJ interest NN organization NN or CC a DT judicial JJ agent NN bound VVN to TO professional JJ secrecy NN , , who WP will MD pay VV it PP over RP to TO the DT statutory JJ representative NN of IN the DT child NN . SENT The DT terms NNS of IN this DT collecting NN and CC of IN this DT paying VVG over IN shall MD be VB fixed VVN by IN decree NN . SENT The DT provisions NNS governing VVG subsidies NNS shall MD apply VV to TO that DT indemnity NN as RB to TO other JJ issues NNS . SENT Art NN . SENT 342 CD 4 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD A NP defendant NN may MD defeat VV a DT claim NN by IN proving VVG by IN any DT means NN that IN he PP cannot NN be VB the DT father NN of IN the DT child NN . SENT Art NN . SENT 342 CD 5 CD The DT responsibility NN of IN subsidies NNS shall MD be VB transmitted VVN to TO the DT succession NN of IN the DT debtor NN under IN the DT rules NNS of IN Article NP 767 NP Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD . SENT Art NN . SENT 342 CD 6 CD Articles NNS 340 CD 2 CD , , 340 CD 3 CD and CC 340 CD 5 CD above RB shall MD apply VV to TO an DT action NN for IN purpose NN of IN subsidies NNS . SENT Art NN . SENT 342 CD 7 CD A DT judgment NN which WDT awards VVZ subsidies NNS creates VVZ between IN the DT debtor NN and CC the DT beneficiary NN , , as RB well RB as RB , , if IN there EX is VBZ occasion NN , , between IN each DT of IN them PP and CC the DT parents NNS or CC the DT spouse NN of IN the DT other JJ , , the DT impediments NNS to TO marriage NN regulated VVN by IN Articles NNS 161 CD to TO 164 CD of IN this DT Code NP . SENT Art NN . SENT 342 CD 8 CD Res NN judicata NNS on IN an DT action NN for IN purpose NN of IN subsidies NNS gives VVZ rise NN to TO no DT bar NN to TO proceedings NNS against IN a DT subsequent JJ paternity NN suit NN . SENT The DT award NN of IN subsidies NNS ceases VVZ to TO have VH effect NN where WRB the DT paternal JJ parentage NN of IN the DT child NN happens VVZ to TO be VB established VVN subsequently RB with IN regard NN to TO someone NN else RB than IN the DT debtor NN . SENT TITLE NN VIII NP OF IN ADOPTION NN Act NP n NN 66 CD 500 CD of IN 11 CD July NP 1966 CD CHAPTER NN I NN OF IN PLENARY JJ ADOPTION NN Section NN I NN Of IN the DT Requisites NNS for IN Plenary JJ Adoption NN Art NN . SENT 343 CD Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD Adoption NN may MD be VB petitioned VVD by IN two CD spouses NNS not RB judicially RB separated VVN , , married VVN for IN more JJR than IN two CD years NNS or CC who WP are VBP both DT older JJR than IN twenty CD eight CD years NNS . SENT Art NN . SENT 343 CD 1 CD Adoption NN may MD be VB also RB petitioned VVD by IN a DT person NN over IN twenty CD eight CD years NNS of IN age NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD . SENT Where WRB the DT adopter NN is VBZ married VVN and CC not RB judicially RB separated VVN , , his PP$ or CC her PP$ spouse's NNS consent NN is VBZ required VVN unless IN this DT spouse NN is VBZ unable JJ to TO express VV his PP$ or CC her PP$ intention NN . SENT Art NN . SENT 343 CD 2 CD Act NP n NN 76 CD 1179 CD of IN 22 CD Dec NP . SENT 1976 CD The DT requirement NN as RB to TO age NN provided VVD for IN in IN the DT preceding JJ Article NN is VBZ not RB imposed VVN in IN the DT case NN of IN adoption NN of IN the DT spouse's JJ child NN . SENT Art NN . SENT 344 CD The NP adopters NNS must MD be VB fifteen CD years NNS older JJR than IN the DT children NNS whom WP they PP propose VVP to TO adopt VV . SENT Where WRB the DT latter NN are VBP their PP$ spouse's NNS children NNS the DT required VVN difference NN of IN age NN is VBZ only RB ten CD years NNS . SENT Act NP n NN 76 CD 1179 CD of IN 22 CD Dec NP . SENT 1976 CD The DT court NN may MD , , however RB , , if IN there EX are VBP good JJ reasons NNS , , make VV an DT adoption NN order NN where WRB the DT difference NN in IN ages NNS is VBZ smaller JJR than IN that DT provided VVN for IN by IN the DT preceding JJ paragraph NN . SENT Art NN . SENT 345 CD Adoption NN is VBZ allowed VVN only RB in IN favour NN of IN children NNS under IN fifteen CD , , who WP have VHP been VBN received VVN in IN the DT home NN of IN the DT adopter NN or CC adopters NNS for IN at IN least JJS six CD months NNS . SENT Where WRB however RB the DT child NN is VBZ older JJR than IN fifteen CD and CC has VHZ been VBN received VVN before IN having VHG reached VVN that IN age NN by IN persons NNS who WP did VVD not RB fulfil VV the DT statutory JJ requirements NNS for IN adopting VVG or CC where WRB he PP was VBD the DT subject NN of IN an DT ordinary JJ adoption NN before IN reaching VVG that DT age NN , , plenary JJ adoption NN may MD be VB applied VVN for IN if IN the DT conditions NNS for IN it PP are VBP fulfilled VVN , , during IN the DT minority NN of IN the DT child NN and CC within IN two CD years NNS following VVG his PP$ coming VVG of IN age NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD . SENT Where WRB it PP is VBZ older JJR than IN thirteen CD Act NP n NN 76 CD 1179 CD of IN 22 CD Dec NP . SENT 1976 CD , , an DT adopted VVN must MD personaly RB consent VV to TO his PP$ plenary JJ adoption NN . SENT Art NN . SENT 345 CD 1 CD Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD Plenary NN adoption NN of IN the DT spouse's JJ child NN is VBZ allowed VVN . SENT 1 CD Where WRB the DT child NN has VHZ a DT lawfully RB established VVN parentage NN only RB with IN regard NN to TO that DT spouse NN . SENT 2 CD Where WRB the DT parent NN other JJ than IN the DT spouse NN has VHZ been VBN totally RB deprived VVN of IN parental JJ authority NN . SENT 3 CD Where WRB the DT parent NN other JJ than IN the DT spouse NN is VBZ dead JJ and CC has VHZ left VVN no DT ascendant NN of IN the DT first JJ degree NN or CC where WRB the DT latter NN obviously RB took VVD no DT further JJR interest NN in IN the DT child NN . SENT Art NN . SENT 346 CD No RB one PP may MD be VB adopted VVN by IN several JJ persons NNS unless IN by IN two CD spouses NNS . SENT Act NP n NN 76 CD 1179 CD of IN 22 CD Dec NP . SENT 1976 CD However RB , , a DT new JJ adoption NN may MD be VB ordered VVN either RB after IN the DT death NN of IN the DT adopter NN or CC the DT two CD adopters NNS , , or CC after IN the DT death NN of IN one CD of IN the DT two CD adopters NNS if IN the DT request NN is VBZ made VVN by IN the DT new JJ spouse NN of IN the DT survivor NN . SENT Art NN . SENT 347 CD May MD be VB adopted VVN . SENT 1 CD Children NNS to TO the DT adoption NN of IN whom WP the DT father NN and CC mother NN or CC the DT family NN council NN have VHP validly RB consented VVN . SENT 2 CD Wards NNS of IN the DT State NN . SENT 3 CD Children NNS declared VVD abandoned VVN in IN the DT way NN provided VVD for IN in IN Article NP 350 CD . SENT Art NN . SENT 348 CD Where WRB the DT parentage NN of IN a DT child NN is VBZ established VVN with IN regard NN to TO his PP$ father NN and CC mother NN , , the DT latter NN must MD both DT consent NN to TO the DT adoption NN . SENT Where WRB one CD of IN them PP is VBZ dead JJ or CC unable JJ to TO express VV his PP$ or CC her PP$ consent NN or CC has VHZ lost VVN his PP$ or CC her PP$ rights NNS of IN parental JJ authority NN , , the DT consent NN of IN the DT other JJ suffices VVZ . SENT Art NN . SENT 348 CD 1 CD Where WRB the DT parentage NN of IN a DT child NN is VBZ established VVN only RB with IN regard NN to TO one CD of IN his PP$ parents NNS , , that WDT one PP shall MD give VV the DT consent NN to TO adoption NN . SENT Art NN . SENT 348 CD 2 CD Where WRB the DT father NN and CC mother NN of IN the DT child NN are VBP dead JJ , , unable JJ to TO express VV their PP$ intention NN or CC deprived VVN of IN their PP$ rights NNS of IN parental JJ authority NN , , consent NN shall MD be VB given VVN by IN the DT family NN council NN , , after IN advice NN of IN the DT person NN who WP actually RB takes VVZ care NN of IN the DT child NN . SENT It PP shall MD be VB likewise RB where WRB the DT parentage NN of IN the DT child NN is VBZ not RB established VVN . SENT Art NN . SENT 248 CD 3 CD Consent NP to TO the DT adoption NN shall MD be VB given VVN before IN the DT clerk NN in IN chief JJ Act NP n NN 95 CD 424 CD of IN 8 CD Feb NN . SENT 1995 CD of IN the DT tribunal NN d'instance NN of IN the DT domicile NN or CC residence NN of IN the DT person NN who WP consents NNS , , or CC before IN a DT French JJ or CC foreign JJ notaire NN , , or CC before IN French JJ diplomatic JJ or CC consular JJ agents NNS . SENT It PP may MD also RB be VB received VVN by IN the DT Children's NP aid NN service NN where WRB the DT child NN was VBD entrusted VVN to TO them PP . SENT Consent NN to TO adoption NN may MD be VB withdrawn VVN within IN two CD months NNS Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD . SENT Withdrawal NN must MD be VB made VVN by IN registered JJ letter NN with IN request NN for IN advice NN of IN delivery NN addressed VVN to TO the DT person NN or CC service NN that WDT received VVD the DT consent NN to TO adoption NN . SENT The DT handing VVG over RP of IN the DT child NN to TO his PP$ parents NNS on IN even RB verbal JJ request NN shall MD also RB be VB treated VVN as IN proof NN of IN the DT withdrawal NN . SENT Where WRB , , on IN the DT expiry NN of IN the DT period NN of IN two CD months NNS Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD , , consent NN was VBD not RB withdrawn VVN , , the DT parents NNS may MD still RB request VV restitution NN of IN the DT child NN , , provided VVN that IN he PP has VHZ not RB been VBN placed VVN for IN purpose NN of IN adoption NN . SENT Where WRB the DT person NN who WP received VVD him PP refuses VVZ to TO give VV him PP back RB , , the DT parents NNS may MD refer VV the DT matter NN to TO the DT court NN which WDT , , taking VVG into IN account NN the DT welfare NN of IN the DT child NN , , shall MD determine VV whether IN there EX is VBZ occasion NN to TO order VV his PP$ restitution NN . SENT By IN effect NN of IN restitution NN , , a DT consent NN to TO adoption NN lapses NNS . SENT Art NN . SENT 348 CD 4 CD Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD Where WRB the DT father NN and CC mother NN or CC the DT family NN council NN consent NN to TO the DT adoption NN of IN a DT child NN by IN entrusting VVG him PP to TO the DT Children's NP aid NN service NN or CC to TO a DT body NN authorized VVN for IN adoption NN , , the DT choice NN of IN the DT adopter NN is VBZ left VVN to TO the DT guardian NN with IN the DT agreement NN of IN the DT family NN council NN of IN the DT wards NNS of IN the DT State NP or CC of IN the DT family NN council NN of IN the DT guardianship NN organized VVN on IN the DT initiative NN of IN the DT body NN authorized VVN for IN adoption NN . SENT Art NN . SENT 348 CD 5 CD Except IN where WRB there EX exists VVZ a DT bond NN of IN relationship NN by IN blood NN or CC by IN marriage NN up RP to TO the DT sixth JJ degree NN inclusive JJ between IN the DT adopter NN and CC the DT adoptee NN , , the DT consent NN to TO adoption NN of IN children NNS under IN two CD years NNS old JJ is VBZ valid JJ only RB if IN the DT child NN was VBD actually RB entrusted VVN to TO the DT Children's NP aid NN service NN or CC to TO a DT body NN authorized VVN for IN adoption NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD . SENT Art NN . SENT 348 CD 6 CD The DT court NN may MD make VV an DT adoption NN order NN where WRB it PP considers VVZ abusive JJ the DT refusal NN of IN consent NN raised VVN by IN the DT legitimate JJ or CC illegitimate JJ parents NNS or CC by IN one CD of IN them PP only RB , , when WRB they PP took VVD no DT further JJR interest NN in IN the DT child NN at IN the DT risk NN of IN endangering VVG his PP$ health NN or CC morality NN . SENT It PP shall MD be VB likewise RB in IN case NN of IN abusive JJ refusal NN of IN consent NN by IN the DT family NN council NN . SENT Art NN . SENT 349 CD As IN regards VVZ the DT wards NNS of IN State NN whose WP$ parents NNS did VVD not RB consent VV to TO an DT adoption NN , , consent NN shall MD be VB given VVN by IN the DT family NN council NN of IN those DT wards NNS . SENT Art NN . SENT 350 CD Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD A DT child NN received VVD by IN a DT private JJ person NN , , a DT body NN or CC a DT Children's NP aid NN service NN , , whose WP$ parents NNS obviously RB took VVD no DT further JJR interest NN to TO him PP during IN the DT year NN preceding VVG the DT institution NN of IN a DT petition NN for IN declaration NN of IN abandonment NN , , shall MD be VB declared VVN abandoned VVN by IN the DT tribunal NN de NP grande NP instance NN , , except IN in IN case NN of IN a DT great JJ distress NN of IN the DT parents NNS and CC without IN prejudice NN to TO the DT provisions NNS of IN paragraph NN 4 CD . SENT A DT petition NN for IN declaration NN of IN abandonment NN is VBZ required VVN to TO be VB transmitted VVN by IN the DT private JJ person NN , , the DT body NN or CC the DT Children's NP aid NN service NN who WP have VHP received VVN the DT child NN on IN the DT expiry NN of IN a DT period NN of IN one CD year NN where WRB the DT parents NNS obviously RB took VVD no DT further JJR interest NN to TO it PP . SENT Act NP n NN 76 CD 1179 CD of IN 22 CD Dec NP . SENT 1976 RB Are VBP deemed VVN to TO have VH obviously RB taken VVN no DT further JJR interest NN to TO their PP$ child NN parents NNS who WP have VHP not RB entertained VVN with IN him PP relations NNS necessary JJ to TO maintain VV bonds NNS of IN affection NN . SENT A DT mere JJ withdrawal NN of IN consent NN to TO adoption NN , , a DT request NN for IN news NN or CC a DT wish NN expressed VVD but CC not RB carried VVD out RP to TO take VV the DT child NN back RB may MD not RB be VB a DT token JJ of IN interest NN sufficient JJ to TO constitute VV the DT ground NN of IN a DT dismissal NN as IN of IN right NN of IN a DT petition NN for IN declaration NN of IN abandonment NN . SENT Those DT steps NNS may MD not RB interrupt VV the DT period NN set VVD out RP in IN paragraph NN 1 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT Abandonment NN may MD not RB be VB declared VVN where WRB , , during IN the DT period NN set VVD out RP in IN paragraph NN 1 CD of IN this DT Article NP , , a DT member NN of IN the DT family NN petitioned VVD to TO assume VV care NN of IN the DT child NN and CC where WRB that DT petition NN is VBZ declared VVN to TO be VB consonant NN with IN the DT welfare NN of IN the DT child NN . SENT Where WRB it PP declares VVZ that IN the DT child NN is VBZ abandoned VVN , , the DT court NN shall MD , , by IN the DT same JJ order NN , , delegate VV the DT rights NNS of IN parental JJ authority NN over IN the DT child NN to TO the DT Children's NP aid NN service NN , , to TO the DT body NN or CC to TO the DT private JJ person NN who WP received VVD the DT child NN or CC to TO whom WP the DT latter NN was VBD entrusted VVN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT A DT third JJ party NN application NN for IN revocation NN of IN the DT order NN is VBZ admissible JJ only RB in IN case NN of IN deception NN , , fraud NN or CC mistake NN as RB to TO the DT identity NN of IN the DT child NN . SENT Section NP II NP Of IN the DT Placing NN for IN Purpose NN of IN Plenary JJ Adoption NN and CC of IN the DT Judgment NN of IN Plenary JJ Adoption NN Art NN . SENT 351 CD Placing NN for IN the DT purpose NN of IN adoption NN must MD be VB made VVN by IN actual JJ entrusting VVG to TO the DT prospective JJ adopters NNS of IN a DT child NN for IN whom WP a DT valid JJ and CC final JJ consent NN to TO adoption NN was VBD given VVN , , of IN a DT ward NN of IN State NP or CC of IN a DT child NN declared VVD abandoned VVN by IN judicial JJ decision NN . SENT Where WRB the DT parentage NN of IN the DT child NN is VBZ not RB established VVN , , there EX may MD be VB no DT placing NN for IN purpose NN of IN adoption NN during IN a DT period NN of IN two CD months NNS Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD after IN the DT receiving NN of IN the DT child NN . SENT Placing NN may MD not RB take VV place NN where WRB the DT parents NNS of IN the DT child NN have VHP petitioned VVD for IN the DT restitution NN of IN the DT child NN so RB long RB as IN there EX is VBZ no DT decision NN on IN the DT conclusiveness NN of IN that DT petition NN at IN the DT request NN of IN the DT most RBS diligent JJ party NN . SENT Art NN . SENT 352 CD Placing NN for IN the DT purpose NN of IN adoption NN is VBZ a DT bar NN to TO a DT restitution NN of IN the DT child NN to TO his PP$ family NN of IN origin NN . SENT It PP defeats VVZ any DT declaration NN of IN parentage NN and CC any DT acknowledgement NN . SENT Where WRB a DT placing NN for IN the DT purpose NN of IN adoption NN comes VVZ to TO an DT end NN or CC where WRB the DT court NN refuses VVZ to TO order VV adoption NN , , the DT effects NNS of IN placing VVG are VBP retroactively RB set VVN aside RP . SENT Art NN . SENT 353 CD An DT adoption NN order NN may MD be VB made VVN at IN the DT request NN of IN the DT adopter NN by IN the DT tribunal NN de NP grande NP instance NN which WDT shall MD verify VV within IN six CD months NNS after IN reference NN to TO the DT court NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD , , whether IN the DT statutory JJ requirements NNS are VBP fulfilled VVN and CC adoption NN is VBZ consonant NN with IN the DT welfare NN of IN the DT child NN . SENT Act NP n NN 76 CD 1179 CD of IN 22 CD Dec NP . SENT 1976 CD In IN case NN the DT adopter NN has VHZ descendants NNS , , the DT court NN shall MD verify VV in IN addition NN whether IN the DT adoption NN is VBZ not RB likely JJ to TO imperil VV family NN life NN . SENT Where WRB the DT adopter NN dies VVZ after IN having VHG properly RB received VVN the DT child NN for IN purpose NN of IN his PP$ adoption NN , , a DT petition NN may MD be VB filed VVN on IN his PP$ or CC her PP$ behalf NN by IN the DT surviving VVG spouse NN or CC by IN one CD of IN the DT adopter's JJ heirs NNS . SENT Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD Where WRB the DT child NN dies VVZ after IN being VBG properly RB received VVN for IN purpose NN of IN its PP$ adoption NN , , the DT petition NN may MD nevertheless RB be VB filed VVN . SENT The DT judgment NN has VHZ effect NN on IN the DT day NN preceding VVG the DT death NN and CC involves VVZ only JJ modification NN of IN the DT civil JJ status NN of IN the DT child NN . SENT An DT adoption NN order NN shall MD not RB state VV its PP$ reasons NNS . SENT Art NN . SENT 353 CD 1 CD Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD In IN case NN of IN adoption NN of IN a DT ward NN of IN State NP , , of IN a DT child NN entrusted VVN to TO a DT body NN authorized VVN for IN adoption NN Act NP n NN 2002 CD 93 CD of IN 22 CD Jan NP . SENT 2002 CD , , or CC of IN an DT alien JJ child NN who WP is VBZ not RB the DT child NN of IN the DT adopter's JJ spouse NN , , the DT court NN shall MD verify VV before IN making VVG an DT adoption NN order NN that IN the DT petitioner NN or CC petitioners NNS gained VVD an DT authorization NN to TO adopt VV or CC were VBD dispensed VVD with IN it PP . SENT Where WRB an DT authorization NN was VBD refused VVN or CC was VBD not RB issued VVN within IN the DT statutory JJ period NN , , the DT court NN may MD make VV an DT adoption NN order NN if IN it PP considers VVZ that IN the DT petitioners NNS have VHP the DT capacity NN to TO receive VV the DT child NN and CC that IN the DT adoption NN is VBZ consonant NN with IN his PP$ welfare NN . SENT Art NN . SENT 353 CD 2 CD . SENT A DT third JJ party NN application NN for IN revocation NN of IN the DT adoption NN order NN is VBZ admissible JJ only RB in IN case NN of IN deception NN or CC fraud NN imputable JJ to TO the DT adopters NNS . SENT Art NN . SENT 354 CD Within IN fifteen CD days NNS of IN the DT date NN on IN which WDT it PP came VVD into IN force NN of IN res NN judicata NNS , , an DT order NN pronouncing VVG plenary JJ adoption NN shall MD be VB registered VVN on IN the DT registers NNS of IN civil JJ status NN of IN the DT place NN of IN birth NN of IN the DT adoptee NN , , on IN request NN of IN the DT Government NP procurator NN . SENT Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD Where WRB the DT adoptee NN was VBD born VVN in IN a DT foreign JJ country NN , , the DT order NN shall MD be VB registered VVN on IN the DT registers NNS of IN the DT central JJ service NN of IN civil JJ status NN of IN the DT Ministry NP of IN Foreign NP Affairs NPS . SENT The DT registration NN shall MD state VV the DT day NN , , hour NN and CC place NN of IN birth NN , , the DT sex NN of IN the DT child NN as RB well RB as IN his PP$ family NN name NN and CC Act NN n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD first JJ names NNS such JJ as IN they PP result VVP from IN the DT adoption NN order NN , , the DT first JJ names NNS , , names NNS , , date NN and CC place NN of IN birth NN , , occupation NN and CC domicile NN of IN the DT adopter NN or CC adopters NNS . SENT It PP may MD not RB contain VV any DT indication NN as RB to TO the DT actual JJ parentage NN of IN the DT child NN . SENT The DT registration NN takes VVZ the DT place NN of IN a DT record NN of IN birth NN for IN the DT adoptee NN . SENT The DT original JJ record NN of IN birth NN kept VVN by IN a DT French JJ officer NN of IN civil JJ status NN and CC , , where WRB appropriate JJ , , Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD the DT record NN of IN birth NN established VVN under IN Article NP 58 CD shall MD , , on IN the DT initiative NN of IN the DT Government NP procurator NN , , be VB stamped VVN adoption NN and CC treated VVN as IN void NN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Sept NP . SENT 2003 CD . SENT Section NP III NP Of IN the DT Effects NNS of IN Plenary JJ Adoption NN Art NN . SENT 355 CD Adoption NN produces VVZ its PP$ effects NNS from IN the DT day NN of IN the DT filing NN of IN the DT petition NN for IN adoption NN . SENT Art NN . SENT 356 CD Adoption NN confers VVZ on IN the DT child NN a DT parentage NN which WDT substitutes NNS for IN his PP$ original JJ parentage NN . SENT the DT adoptee NN ceases VVZ to TO belong VV to TO his PP$ blood NN family NN , , subject JJ to TO the DT prohibitions NNS of IN marriage NN referred VVD to TO in IN Articles NNS 161 CD to TO 164 CD . SENT Act NP n NN 76 CD 1179 CD of IN 22 CD Dec NP . SENT 1976 CD However RB , , an DT adoption NN of IN the DT spouse's NNS child NN still RB leaves VVZ extant JJ his PP$ original JJ parentage NN with IN regard NN to TO that DT spouse NN and CC his PP$ or CC her PP$ family NN . SENT It PP produces VVZ , , furthermore RB , , the DT effects NNS of IN an DT adoption NN by IN two CD spouses NNS . SENT Art NN . SENT 357 CD Adoption NN confers VVZ on IN the DT child NN the DT name NN of IN the DT adopter NN and CC , , in IN case NN of IN adoption NN by IN two CD spouses NNS , , the DT husband's JJ name NN . SENT . SENT , , deleted VVN by IN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD In IN case NN of IN adoption NN by IN two CD spouses NNS , , the DT name NN conferred VVD on IN a DT child NN is VBZ determined VVN under IN the DT rules NNS laid VVN down RP in IN Article NP 311 CD 21 CD . SENT Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD On IN request NN of IN the DT adopter NN or CC adopters NNS , , the DT court NN may MD modify VV the DT first JJ names NNS of IN the DT child NN . SENT Where WRB the DT adopter NN is VBZ a DT married JJ woman NN , , the DT court NN may MD , , in IN the DT adoption NN order NN , , decide VVP with IN the DT consent NN of IN the DT husband NN of IN the DT adopter NN that IN the DT name NN of IN the DT husband NN will MD be VB conferred VVN on IN the DT adoptee NN . SENT where WRB the DT husband NN is VBZ dead JJ or CC unable JJ to TO express VV his PP$ intention NN , , the DT court NN shall MD in IN its PP$ discretion NN make VV a DT determination NN after IN consulting VVG the DT heirs NNS of IN the DT husband NN or CC the DT closest JJS persons NNS entitled VVN to TO inherit VV from IN him PP . SENT replaced VVN by IN . SENT Where WRB the DT adopter NN is VBZ a DT married JJ woman NN or CC a DT married JJ man NN , , the DT court NN may MD , , in IN the DT adoption NN order NN , , decide VV , , on IN request NN of IN the DT adopter NN , , that IN the DT name NN of IN the DT spouse NN will MD be VB conferred VVN on IN the DT adoptee NN , , subject JJ to TO the DT consent NN of IN the DT spouse NN . SENT The DT court NN may MD also RB , , on IN request NN of IN the DT adopter NN and CC subject JJ to TO the DT consent NN of IN the DT spouse NN , , confer VVP on IN the DT child NN the DT coupled VVN names NNS of IN the DT spouses NNS in IN the DT order NN they PP choose VVP and CC within IN the DT limit NN of IN one CD family NN name NN for IN each DT of IN them PP . SENT Where WRB the DT husband NN or CC the DT wife NN of IN the DT adopter NN is VBZ dead JJ or CC unable JJ to TO express VV his PP$ or CC her PP$ intention NN , , the DT court NN shall MD in IN its PP$ discretion NN make VV a DT determination NN after IN consulting VVG the DT heirs NNS of IN the DT deceased JJ or CC the DT closest JJS persons NNS entitled VVN to TO inherit VV from IN him PP or CC her PP$ . SENT Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD 1 CD Shall NP come VVN into IN force NN on IN 1 CD Sept NP 2003 CD Art NN . SENT 357 CD 1 CD Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD The NP provisions NNS of IN Article NP 311 CD 21 CD shall MD apply VV to TO a DT child NN who WP was VBD the DT subject NN of IN an DT adoption NN lawfully RB ordered VVD abroad RB and CC having VHG in IN France NP the DT effects NNS of IN a DT plenary JJ adoption NN . SENT The DT adopters NNS shall MD exercise VV the DT option NN available JJ under IN that DT Article NN at IN the DT time NN of IN the DT request NN for IN registration NN of IN an DT adoption NN order NN by IN declaration NN sent VVN to TO the DT Government NP procurator NN of IN the DT place NN where WRB that DT registration NN is VBZ to TO be VB made VVN . SENT Where WRB the DT adopters NNS request VVP an DT order NN for IN enforcement NN of IN a DT foreign JJ adoption NN order NN , , they PP shall MD join VV a DT declaration NN of IN option NN to TO their PP$ request NN . SENT Mention VV of IN that DT declaration NN shall MD be VB made VVN in IN the DT decision NN . SENT Mention VV of IN the DT name NN chosen VVN shall MD be VB made VVN at IN the DT suit NN of IN the DT Government NP procurator NN , , in IN the DT child's JJ record NN of IN birth NN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Sept NP 2003 CD Art NN . SENT 358 CD An DT adoptee NN has VHZ , , in IN the DT family NN of IN the DT adopter NN , , the DT same JJ rights NNS and CC obligations NNS as IN a DT child NN whose WP$ parentage NN is VBZ established VVN under IN Title NP VII NP of IN this DT Book NP Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD . SENT Art NN . SENT 359 CD Adoption NN is VBZ irrevocable JJ . SENT CHAPTER NN II NP OF IN ORDINARY JJ ADOPTION NN Section NN I NN Of IN Requisites NNS and CC Judgment NN Art NN . SENT 360 CD Ordinary JJ adoption NN is VBZ allowed VVN irrespective RB of IN the DT age NN of IN the DT adoptee NN . SENT Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD Where WRB there EX are VBP serious JJ reasons NNS justifying VVG it PP , , an DT ordinary JJ adoption NN of IN a DT child NN who WP was VBD the DT subject NN of IN a DT plenary JJ adoption NN is VBZ allowed VVN . SENT Where WRB the DT adoptee NN is VBZ over IN thirteen CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD , , he PP must MD personally RB consent VV to TO the DT adoption NN . SENT Art NN . SENT 361 CD Act NP n NN 2001 CD 111 CD of IN 6 CD Feb NN . SENT 2001 CD The NP provisions NNS of IN Articles NNS 343 CD to TO 344 CD , , 346 CD to TO 350 CD , , 353 CD , , 353 CD 1 CD , , 353 CD 2 CD , , 355 CD and CC 357 CD , , last JJ paragraph NN replaced VVN by IN . SENT the DT last JJ two CD paragraphs NNS of IN Article NP 357 CD Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD , , are VBP applicable JJ to TO ordinary JJ adoption NN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD Art NN . SENT 362 CD Within IN fifteen CD days NNS of IN the DT date NN on IN which WDT it PP becomes VVZ res NN judicata NNS , , the DT order NN that WDT pronounces VVZ an DT ordinary JJ adoption NN must MD be VB mentioned VVN or CC registered VVN on IN the DT registers NNS of IN civil JJ status NN on IN request NN of IN the DT Government NP procurator NN . SENT Section NP II NP Of IN the DT Effects NNS of IN Ordinary JJ Adoption NN Art NN . SENT 363 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Ordinary JJ adoption NN confers VVZ the DT name NN of IN the DT adopter NN on IN the DT adoptee NN by IN adding VVG it PP to TO the DT name NN of IN the DT latter NN . SENT Where WRB the DT adoptee NN and CC the DT adopter NN , , or CC one CD of IN them PP , , bear VV a DT double JJ family NN name NN , , the DT name NN conferred VVD to TO the DT adoptee NN results NNS from IN the DT addition NN of IN the DT adopter's JJ name NN to TO his PP$ own JJ name NN , , within IN the DT limit NN of IN one CD name NN for IN each DT of IN them PP . SENT The DT choice NN belongs VVZ to TO the DT adopter NN , , who WP must MD obtain VV the DT consent NN of IN the DT adoptee NN where WRB the DT latter NN is VBZ older JJR than IN thirteen CD . SENT In IN case NN of IN an DT adoption NN by IN two CD spouses NNS , , the DT name NN coupled VVN with IN that DT of IN the DT adoptee NN shall MD be VB , , on IN request NN of IN the DT adopters NNS , , either CC that IN of IN the DT husband NN , , or CC that IN of IN the DT wife NN , , within IN the DT limit NN of IN one CD name NN for IN each DT of IN them PP , , and CC , , failing VVG an DT agreement NN , , the DT first JJ of IN the DT husband's JJ names NNS . SENT Where WRB the DT adoptee NN bears VVZ a DT double JJ family NN name NN , , the DT choice NN of IN the DT name NN which WDT is VBZ preserved VVN belongs VVZ to TO the DT adopters NNS , , who WP must MD obtain VV the DT consent NN of IN the DT adoptee NN where WRB he PP is VBZ older JJR than IN thirteen CD . SENT In IN case NN of IN disagreement NN or CC failing VVG a DT choice NN , , the DT name NN of IN the DT adopters NNS preserved VVN is VBZ added VVN to TO the DT first JJ of IN the DT adoptee's JJ names NNS . SENT Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 2002 CD . SENT Act NP n NN 2003 CD 516 CD of IN 18 CD June NP 20031 CD The DT court NN , , however RB , , may MD on RB request VV of IN the DT adopter NN , , decide VVP that IN the DT adoptee NN will MD bear VV only RB the DT name NN of IN the DT adopter NN . SENT In IN case NN of IN an DT adoption NN by IN two CD spouses NNS , , the DT family NN name NN substituted VVD to TO that DT of IN the DT adoptee NN may MD , , at IN the DT choice NN of IN the DT adopters NNS , , be VB either RB that IN of IN the DT husband NN , , or CC that IN of IN the DT wife NN , , or CC the DT coupled VVN names NNS of IN the DT spouses NNS in IN the DT order NN they PP choose VVP and CC within IN the DT limit NN of IN one CD name NN for IN each DT of IN them PP Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD . SENT That DT request NN may MD also RB be VB filed VVN after IN the DT adoption NN . SENT Where WRB the DT adoptee NN is VBZ older JJR than IN thirteen CD , , his PP$ personal JJ consent NN to TO that DT substitution NN of IN a DT patronymic NN replaced VVN by IN . SENT family NN name NN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD is VBZ required VVN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD Art NN . SENT 363 CD 1 CD Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 20021 CD The NP provisions NNS of IN Article NP 363 CD shall MD apply VV to TO a DT child NN who WP has VHZ been VBN the DT subject NN of IN an DT adoption NN lawfully RB ordered VVD abroad RB and CC which WDT has VHZ in IN France NP the DT effects NNS of IN an DT ordinary JJ adoption NN , , where WRB the DT record NN of IN birth NN is VBZ kept VVN by IN a DT French JJ authority NN . SENT The DT adopters NNS must MD exercise VV the DT option NN available JJ under IN that DT Article NN by IN a DT declaration NN sent VVD to TO the DT Government NP procurator NN of IN the DT place NN where WRB the DT record NN of IN birth NN is VBZ kept VVN on IN the DT occasion NN of IN a DT request NN for IN updating VVG the DT latter NN . SENT Mention VV of IN the DT name NN chosen VVN is VBZ entered VVN on IN the DT record NN of IN birth NN of IN the DT child NN , , at IN the DT suit NN of IN the DT Government NP procurator NN . SENT 1 CD Shall NP come VVN into IN force NN on IN 1 CD Jan NP . SENT 2005 CD Art NN . SENT 364 CD An DT adoptee NN remains VVZ in IN his PP$ family NN of IN origin NN and CC preserves VVZ all PDT his PP$ rights NNS therein RB , , in IN particular JJ his PP$ rights NNS of IN succession NN . SENT The DT prohibitions NNS to TO marriage NN provided VVD for IN in IN Articles NNS 161 CD to TO 164 CD of IN this DT Code NP apply VV between IN the DT adoptee NN and CC his PP$ family NN of IN origin NN . SENT Art NN . SENT 365 CD An DT adopter NN is VBZ , , with IN regard NN to TO the DT adoptee NN , , alone RB invested VVN of IN all PDT the DT rights NNS of IN parental JJ authority NN , , including VVG that IN of IN consenting VVG to TO the DT marriage NN of IN the DT adoptee NN , , unless IN she PP or CC he PP is VBZ the DT spouse NN of IN the DT father NN or CC of IN the DT mother NN of IN the DT adoptee NN . SENT in IN that DT event NN , , the DT adopter NN has VHZ parental JJ authority NN concurrently RB with IN his PP$ or CC her PP$ spouse NN , , who WP retains VVZ alone RB the DT exercise NN of IN it PP , , subject JJ to TO a DT joint JJ declaration NN with IN the DT adopter NN before IN the DT chief JJ clerk NN of IN the DT tribunal NN de FW grande JJ instance NN for IN the DT purpose NN of IN an DT exercise NN in IN common JJ of IN that DT authority NN Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD . SENT The DT rights NNS of IN parental JJ authority NN are VBP exercised VVN by IN the DT adopter NN or CC adopters NNS on IN the DT terms NNS provided VVN for IN by IN Chapter NP I NP of IN Title NP IX NP of IN this DT Book NP Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD . SENT The DT rules NNS of IN statutory JJ administration NN and CC of IN guardianship NN of IN minors NNS Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD shall MD apply VV to TO an DT adoptee NN . SENT Art NN . SENT 366 CD The DT bond NN of IN kinship NN resulting VVG from IN adoption NN extend VV to TO the DT repealed VVN children NNS of IN the DT adoptee NN . SENT Marriage NN is VBZ prohibited VVN . SENT 1 CD Between IN the DT adopter NN , , the DT adoptee NN and CC his PP$ descendants NNS . SENT 2 CD Between IN the DT adoptee NN and CC the DT adopter's NNS spouse NN . SENT reciprocally RB , , between IN the DT adopter NN and CC the DT adoptee's NNS spouse NN . SENT 3 CD Between IN the DT adoptee NN children NNS of IN the DT same JJ individual NN . SENT 4 CD Between IN the DT adoptee NN and CC the DT adopter's NNS children NNS . SENT Nevertheless RB , , the DT prohibitions NNS to TO marriage NN provided VVD for IN in IN 3 CD and CC 4 CD above RB may MD be VB lifted VVN by IN dispensation NN of IN the DT President NP of IN the DT Republic NP , , where WRB there EX are VBP serious JJ reasons NNS . SENT Act NP n NN 76 CD 1179 CD of IN 22 CD Dec NP . SENT 1976 CD The DT prohibition NN to TO marriage NN provided VVD for IN in IN 2 CD above RB may MD be VB lifted VVN in IN the DT same JJ conditions NNS where WRB the DT person NN who WP created VVD the DT kinship NN is VBZ deceased VVN . SENT Art NN . SENT 367 CD An DT adoptee NN owes VVZ maintenance NN to TO the DT adopter NN where WRB he PP is VBZ in IN need NN and CC , , reciprocally RB , , an DT adopter NN owes VVZ maintenance NN to TO the DT adoptee NN . SENT The DT obligation NN of IN maintenance NN continues VVZ to TO exist VV between IN the DT adoptee NN and CC his PP$ father NN and CC mother NN . SENT However RB , , the DT father NN and CC mother NN of IN the DT adoptee NN are VBP bound VVN to TO provide VV maintenance NN to TO him PP only RB where WRB he PP cannot VV obtain VV it PP from IN the DT adopter NN . SENT Art NN . SENT 368 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD An DT adoptee NN and CC his PP$ descendants NNS have VHP , , in IN the DT family NN of IN the DT adopter NN , , the DT rights NNS to TO succession NN provided VVD for IN in IN Book NP III NP , , Title NP I NP , , Chapter NP III NP . SENT Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD The DT adoptee NN and CC his PP$ descendants NNS do VVP not RB have VH , , however RB , , the DT status NN of IN compulsory JJ heirs NNS with IN regard NN to TO the DT ascendants NNS of IN the DT adopter NN . SENT Art NN . SENT 368 CD 1 CD Where WRB an DT adoptee NN dies VVZ without IN descendants NNS , , property NN given VVN by IN the DT adopter NN or CC received VVD through IN succession NN from IN him PP shall MD return VV to TO the DT adopter NN or CC his PP$ descendants NNS , , where WRB it PP still RB exists VVZ in IN kind NN at IN the DT time NN of IN the DT death NN of IN the DT adoptee NN , , on IN condition NN to TO contribute VV to TO debts NNS and CC subject JJ to TO the DT vested JJ rights NNS of IN third JJ parties NNS . SENT Property NN received VVD gratuitously RB by IN the DT adoptee NN from IN his PP$ father NN and CC mother NN shall MD return VV likewise RB to TO the DT latter NN or CC to TO their PP$ descendants NNS . SENT The DT surplus NN of IN property NN of IN an DT adoptee NN shall MD be VB divided VVN in IN halves NNS between IN the DT family NN of IN origin NN and CC the DT adopter's NNS family NN , , without IN prejudice NN to TO the DT rights NNS of IN the DT spouse NN on IN the DT whole NN of IN the DT succession NN . SENT Art NN . SENT 369 CD The NP effects NNS of IN an DT adoption NN continue VV notwithstanding IN the DT subsequent JJ establishment NN of IN a DT parental JJ bo NP , , d NN . SENT Art NN . SENT 370 CD Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD Where WRB serious JJ reasons NNS so RB justify VV , , adoption NN may MD be VB revoked VVN , , on IN request NN of IN the DT adopter NN or CC the DT adoptee NN , , or CC , , where WRB the DT latter NN is VBZ a DT minor JJ , , of IN that DT of IN the DT Government NP procurator's NN office NN . SENT A DT request NN for IN revocation NN made VVN by IN the DT adopter NN is VBZ admissible JJ only RB where WRB the DT adoptee NN is VBZ over IN fifteen CD . SENT Where WRB the DT adoptee NN is VBZ a DT minor JJ , , the DT father NN and CC mother NN by IN blood NN or CC , , failing VVG them PP , , a DT member NN of IN the DT family NN of IN origin NN up RP to TO the DT degree NN of IN cousin NN german NN may MD also RB request VV revocation NN . SENT Art NN . SENT 370 CD 1 CD An DT order NN which WDT revokes VVZ an DT adoption NN shall MD state VV its PP$ reasons VVZ Its PP$ operative JJ part NN shall MD be VB mentioned VVN in IN the DT margin NN of IN the DT record NN of IN birth NN or CC of IN the DT registration NN of IN the DT adoption NN order NN , , in IN the DT way NN provided VVD for IN in IN Article NP 362 CD . SENT Art NN . SENT 370 CD 2 CD Revocation NN causes VVZ all DT effects NNS of IN adoption NN to TO cease VV for IN the DT future NN . SENT CHAPTER NN III NP OF IN THE DT CONFLICT NN OF IN LAWS NNS RELATING VVG TO TO ADOPTION NN AND CC OF IN THE DT EFFECTS NNS IN IN FRANCE NP OF IN ADOPTIONS NNS ORDERED VVD ABROAD RB Act NP n NN 2001 CD 111 CD of IN 6 CD Feb NN . SENT 2001 CD Art NN . SENT 370 CD 3 CD The DT requirements NNS for IN adoption NN are VBP governed VVN by IN the DT national JJ law NN of IN the DT adopter NN or CC , , in IN case NN of IN adoption NN by IN two CD spouses NNS , , by IN the DT law NN which WDT governs VVZ the DT effects NNS of IN their PP$ union NN . SENT Adoption NN however RB may MD not RB be VB ordered VVN where WRB it PP is VBZ prohibited VVN by IN the DT national JJ laws NNS of IN both DT spouses NNS . SENT Adoption NN of IN a DT foreign JJ minor NN may MD not RB be VB ordered VVN where WRB his PP$ personal JJ law NN prohibits VVZ that IN institution NN , , unless IN the DT minor JJ was VBD born VVN and CC resides VVZ usually RB in IN France NP . SENT Whatever WDT the DT applicable JJ law NN may MD be VB , , adoption NN requires VVZ the DT consent NN of IN the DT statutory JJ representative NN of IN the DT child NN . SENT Consent NN must MD be VB free JJ , , obtained VVN without IN any DT compensation NN , , subsequent JJ to TO the DT birth NN of IN the DT child NN and CC informed VVD as RB to TO the DT consequences NNS of IN adoption NN , , specially RB where WRB it PP is VBZ given VVN for IN the DT purpose NN of IN a DT plenary JJ adoption NN , , as RB to TO the DT entire JJ and CC irrevocable JJ character NN of IN the DT breaking VVG off RP of IN the DT pre NP existing VVG parental JJ bond NN . SENT Art NN . SENT 370 CD 4 CD The DT effects NNS of IN an DT adoption NN ordered VVN in IN France NP are VBP those DT of IN French JJ law NN . SENT Art NN . SENT 370 CD 5 CD An DT adoption NN lawfully RB ordered VVD in IN a DT foreign JJ country NN produces VVZ in IN France NP the DT effects NNS of IN a DT plenary JJ adoption NN where WRB it PP breaks VVZ off RP completely RB and CC irrevocably RB the DT pre NP existing VVG parental JJ bond NN . SENT Failing VVG which WDT , , it PP produces VVZ the DT effects NNS of IN an DT ordinary JJ adoption NN . SENT It PP may MD be VB converted VVN into IN a DT plenary JJ adoption NN where WRB the DT required JJ consents NNS were VBD given VVN expressly RB and CC advisedly RB . SENT TITLE NN IX NP OF IN PARENT NN AND CC CHILD NN II NP . SENT OF IN PARENTAL JJ AUTHORITY NN Act NP n NN 70 CD 459 CD of IN 4 CD June NP 1970 CD CHAPTER NN I NN OF IN PARENTAL JJ AUTHORITY NN WITH IN REGARD NN TO TO THE DT PERSON NN OF IN A DT CHILD NN Art NN . SENT 371 CD A NP child NN , , at IN any DT age NN , , owes VVZ honour NN and CC respect NN to TO his PP$ father NN and CC mother NN . SENT Art NN . SENT 371 CD 1 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD Parental JJ authority NN is VBZ a DT set NN of IN rights NNS and CC duties NNS whose WP$ finality NN is VBZ the DT welfare NN of IN the DT child NN . SENT It PP is VBZ vested VVN in IN the DT father NN and CC mother NN until IN the DT majority NN or CC emancipation NN of IN the DT child NN in IN order NN to TO protect VV him PP in IN his PP$ security NN , , health NN and CC morality NN , , to TO ensure VV his PP$ education NN and CC allow VV his PP$ development NN , , showing VVG regard NN to TO his PP$ person NN . SENT Parents NNS shall MD make VV a DT child NN a DT party NN to TO judgments NNS relating VVG to TO him PP , , according VVG to TO his PP$ age NN and CC degree NN of IN maturity NN . SENT Art NN . SENT 371 CD 2 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD Each DT one NN of IN the DT parents NNS shall MD contribute VV to TO the DT education NN and CC support NN of IN the DT children NNS in IN proportion NN to TO his PP$ or CC her PP$ means NNS , , to TO those DT of IN the DT other JJ parent NN and CC to TO the DT needs NNS of IN the DT child NN . SENT That DT obligation NN does VVZ not RB come VV to TO an DT end NN as IN of IN right NN where WRB the DT child NN is VBZ of IN age NN . SENT Art NN . SENT 371 CD 3 CD A DT child NN may MD not RB , , without IN the DT permission NN of IN the DT father NN and CC mother NN , , leave VVP the DT family NN home NN and CC he PP may MD be VB removed VVN from IN it PP only RB in IN cases NNS of IN necessity NN as IN determined VVN by IN statute NN . SENT Art NN . SENT 371 CD 4 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD A DT child NN has VHZ the DT right NN to TO have VH personal JJ relations NNS with IN his PP$ grandparents NNS . SENT Only RB serious JJ reasons NNS may MD constitute VV a DT bar NN to TO that DT right NN . SENT Where WRB the DT welfare NN of IN the DT child NN so RB requires VVZ , , the DT family NN causes VVZ judge NN shall MD fix VV the DT details NNS of IN the DT relations NNS between IN a DT child NN and CC a DT third JJ person NN , , relative JJ or CC not RB . SENT Art NN . SENT 371 CD 5 CD Act NP n NN 96 CD 1238 CD of IN 30 CD Dec NP . SENT 1996 CD A NP child NN may MD not RB be VB separated VVN from IN its PP$ brothers NNS and CC sisters NNS , , unless IN this DT is VBZ not RB possible JJ or CC where WRB his PP$ welfare NN dictates VVZ a DT different JJ solution NN . SENT If IN there EX is VBZ occasion NN , , the DT judge NN shall MD rule VV on IN the DT relations NNS between IN the DT brothers NNS and CC sisters NNS . SENT Section NN I NN Of IN the DT Exercise NN of IN Parental JJ Authority NP 1 CD General NP Principles NNS Art NN . SENT 372 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD The DT father NN and CC mother NN shall MD exercise VV in IN common JJ parental JJ authority NN . SENT Where WRB , , however RB , , parentage NN is VBZ established VVN with IN regard NN to TO one CD of IN them PP more JJR than IN one CD year NN after IN the DT birth NN of IN a DT child NN whose WP$ parentage NN is VBZ already RB established VVN with IN regard NN to TO the DT other JJ , , the DT latter NN alone RB remains VVZ vested JJ with IN the DT exercise NN of IN parental JJ authority NN . SENT It PP shall MD be VB likewise RB where WRB parentage NN is VBZ judicially RB declared VVN with IN regard NN to TO the DT second JJ parent NN of IN the DT child NN . SENT Parental JJ authority NN may MD however RB be VB exercised VVN in IN common JJ in IN case NN of IN joint JJ declaration NN of IN the DT father NN and CC mother NN before IN the DT chief JJ clerk NN of IN the DT tribunal NN de FW grande JJ instance NN or CC upon IN judgment NN of IN the DT family NN causes VVZ judge NN . SENT Art NN . SENT 372 CD 1 CD and CC Art NP . SENT 372 CD 1 CD 1 CD repealed VVN Art NN . SENT 372 CD 2 CD Where WRB one CD of IN the DT parents NNS Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD performs VVZ alone RB an DT usual JJ act NN of IN parental JJ authority NN concerning VVG the DT person NN of IN the DT child NN , , he PP or CC she PP shall MD be VB considered VVN to TO be VB acting VVG with IN the DT consent NN of IN the DT other JJ with IN regard NN to TO third JJ parties NNS in IN good JJ faith NN , , . SENT Art NN . SENT 373 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD Shall NP be VB deprived VVN of IN the DT exercise NN of IN parental JJ authority NN the DT father NN or CC mother NN who WP is VBZ unable JJ to TO express VV his PP$ or CC her PP$ intention NN , , by IN reason NN of IN a DT disability NN , , absence NN or CC any DT other JJ cause NN . SENT Art NN . SENT 373 CD 1 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD Where WRB one CD of IN the DT father NN and CC mother NN dies VVZ or CC is VBZ deprived VVN of IN the DT exercise NN of IN parental JJ authority NN , , the DT other JJ shall MD exercise VV that DT authority NN alone RB . SENT 2 CD Of IN the DT Exercise NN of IN Parental JJ Authority NP by IN Separated JJ Parents NP Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD Art NN . SENT 373 CD 2 CD Separation NN of IN the DT parents NNS has VHZ no DT influence NN on IN the DT rules NNS of IN devolution NN of IN the DT exercise NN of IN parental JJ authority NN . SENT Each DT of IN the DT father NN and CC mother NN shall MD maintain VV personal JJ relations NNS with IN the DT child NN and CC respect VV the DT bonds NNS of IN the DT latter NN with IN the DT other JJ parent NN . SENT Any DT change NN of IN residence NN of IN one CD of IN the DT parents NNS , , where WRB it PP modifies VVZ the DT terms NNS of IN exercise NN of IN parental JJ authority NN , , shall MD be VB the DT subject NN of IN a DT notice NN to TO the DT other JJ parent NN , , previously RB and CC in IN due JJ time NN . SENT In IN case NN of IN disagreement NN between IN them PP , , the DT most RBS diligent JJ parent NN shall MD refer VV the DT matter NN to TO the DT family NN causes VVZ judge NN who WP shall MD rule VV according VVG to TO what WP the DT welfare NN of IN the DT child NN requires VVZ . SENT The DT judge NN shall MD apportion VV removal NN expenses NNS and CC adapt VV accordingly RB the DT amount NN of IN the DT contribution NN to TO the DT support NN and CC education NN of IN the DT child NN . SENT Art NN . SENT 373 CD 2 CD 1 CD Where WRB the DT welfare NN of IN the DT child NN so RB requires VVZ , , the DT judge NN may MD commit VV exercise NN of IN parental JJ authority NN to TO one CD of IN the DT parents NNS . SENT The DT exercise NN of IN the DT right NN of IN access NN and CC lodging NN may MD be VB refused VVN to TO the DT other JJ parent NN only RB for IN serious JJ reasons NNS . SENT That DT parent NN shall MD keep VV the DT right NN and CC duty NN to TO supervise VV the DT support NN and CC education NN of IN the DT child NN . SENT He PP or CC she PP must MD have VH notice NN of IN the DT important JJ choices NNS relating VVG to TO the DT life NN of IN the DT child NN . SENT He PP or CC she PP shall MD comply VV with IN the DT obligation NN that WDT devolves VVZ upon IN him PP or CC her PP$ under IN Article NP 371 CD 2 CD . SENT Art NN . SENT 373 CD 2 CD 2 CD In IN case NN of IN a DT separation NN between IN the DT parents NNS , , or CC between IN the DT latter NN and CC the DT child NN , , a DT contribution NN to TO his PP$ support NN and CC education NN shall MD take VV the DT form NN of IN periodical JJ payments NNS to TO be VB paid VVN , , according VVG to TO the DT circumstances NNS , , by IN one CD of IN the DT parents NNS to TO the DT other JJ , , or CC to TO the DT person NN to TO whom WP the DT child NN is VBZ entrusted VVN . SENT The DT terms NNS and CC guaranties NNS of IN those DT periodical JJ payments NNS shall MD be VB fixed VVN by IN the DT approved VVN agreement NN referred VVD to TO in IN Article NP 373 CD 2 CD 7 CD or CC , , failing VVG which WDT , , by IN the DT judge NN . SENT Those DT payments NNS may MD in IN whole JJ or CC in IN part NN take VV the DT form NN of IN a DT direct JJ taking VVG charge NN of IN costs NNS incurred VVN on IN behalf NN of IN a DT child NN . SENT They PP may MD in IN whole JJ or CC in IN part NN be VB effected VVN under IN the DT form NN of IN a DT right NN of IN use NN and CC dwelling NN . SENT Art NN . SENT 373 CD 2 CD 3 CD Where WRB the DT consistence NN of IN the DT debtor's JJ property NN so IN permits NNS , , periodical JJ payments NNS may MD be VB replaced VVN , , in IN whole NN or CC in IN part NN , , under IN the DT terms NNS and CC guarantees NNS provided VVD for IN by IN the DT approved VVN agreement NN or CC by IN the DT judge NN , , by IN the DT payment NN of IN a DT sum NN of IN money NN in IN the DT hands NNS of IN an DT accredited VVN body NN responsible JJ for IN granting VVG in IN counterpart NN to TO the DT child NN an DT index NN linked VVN annuity NN , , a DT surrender NN of IN property NN in IN usufruct NN or CC an DT allocation NN of IN property NN yielding VVG income NN . SENT Art NN . SENT 373 CD 2 CD 4 CD Ascription NN of IN additional JJ means NNS , , in IN particular JJ under IN the DT form NN of IN periodical JJ payments NNS , , may MD , , if IN there EX is VBZ occasion NN , , be VB requested VVN later RBR on RB . SENT Art NN . SENT 373 CD 2 CD 5 CD A DT parent NN who WP has VHZ primarily RB the DT responsibility NN of IN an DT adult NN child NN who WP cannot NN meet VV his PP$ own JJ needs NNS may MD ask VV the DT other JJ parent NN to TO pay VV a DT contribution NN to TO his PP$ support NN and CC education NN . SENT The DT judge NN may MD decide VV or CC the DT parents NNS agree VVP that IN this DT contribution NN be VB paid VVN in IN whole JJ or CC in IN part NN into IN the DT hands NNS of IN the DT child NN . SENT 3 CD Of IN the DT Intervention NN of IN the DT Family NP Causes VVZ Judge NP Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD Art NN . SENT 373 CD 2 CD 6 CD A DT judge NN of IN the DT tribunal NN de FW grande JJ instance NN in IN charge NN of IN family NN causes NNS shall MD settle VV issues NNS brought VVN before IN him PP in IN the DT framework NN of IN this DT Chapter NN in IN watching VVG in IN particular JJ over IN the DT safeguarding VVG of IN the DT welfare NN of IN minor JJ children NNS . SENT The DT judge NN may MD order VV measures NNS that WDT allow VVP to TO protect VV continuity NN and CC effectiveness NN of IN the DT keeping VVG of IN the DT bonds NNS of IN the DT child NN with IN each DT of IN his PP$ parents NNS . SENT He PP may MD in IN particular JJ order NN an DT entry NN on IN the DT passports NNS of IN the DT parents NNS to TO prohibit VV the DT child's JJ departure NN from IN the DT territory NN without IN the DT authorization NN of IN the DT two CD parents NNS . SENT Art NN . SENT 373 CD 2 CD 7 CD Parents NNS may MD seize VV the DT family NN causes NNS judge VVP to TO have VH approved VVN the DT agreement NN through IN which WDT they PP organize VV the DT terms NNS of IN exercise NN of IN parental JJ authority NN and CC establish VV their PP$ contributions NNS to TO the DT support NN and CC education NN of IN the DT child NN . SENT The DT judge NN shall MD approve VV the DT agreement NN unless IN he PP observes VVZ that IN it PP does VVZ not RB sufficiently RB protect VV the DT welfare NN of IN the DT child NN or CC that IN the DT consent NN of IN the DT parents NNS was VBD not RB freely RB given VVN . SENT Art NN . SENT 373 CD 2 CD 8 CD The DT judge NN may MD also RB be VB seized VVN by IN one CD of IN the DT parents NNS or CC the DT Government NP procurator NN , , who WP may MD himself PP be VB seized VVN by IN a DT third JJ person NN , , relative JJ or CC not RB , , for IN the DT purpose NN of IN ruling NN upon IN the DT terms NNS of IN exercise NN of IN parental JJ authority NN and CC the DT contribution NN to TO the DT support NN and CC education NN of IN the DT child NN . SENT Art NN . SENT 373 CD 2 CD 9 CD In IN compliance NN with IN the DT two CD preceding JJ Articles NNS , , the DT residence NN of IN a DT child NN may MD be VB fixed VVN alternately RB at IN the DT domicile NN of IN each DT of IN the DT parents NNS or CC at IN the DT domicile NN of IN one CD of IN them PP . SENT On IN request NN of IN one CD of IN the DT parents NNS or CC in IN case NN of IN disagreement NN between IN them PP about IN the DT mode NN of IN residence NN of IN the DT child NN , , the DT judge NN may MD order VV provisionally RB an DT alternate JJ residence NN of IN which WDT he PP shall MD determine VV the DT duration NN . SENT On IN the DT expiry NN of IN it PP , , the DT judge NN shall MD rule VV finally RB on IN the DT residence NN of IN the DT child NN alternately RB at IN the DT domicile NN of IN each DT of IN the DT parents NNS or CC at IN the DT domicile NN of IN one CD of IN them PP . SENT Art NN . SENT 373 CD 2 CD 10 CD In IN case NN of IN disagreement NN , , the DT judge NN shall MD endeavour VV to TO conciliate VV the DT parties NNS . SENT For IN the DT purpose NN of IN making VVG easier RBR the DT search NN by IN the DT parents NNS of IN a DT consensual JJ exercise NN of IN parental JJ authority NN , , the DT judge NN may MD offer VV them PP a DT measure NN of IN mediation NN and CC , , after IN gaining VVG their PP$ agreement NN , , designate VV a DT family NN mediator NN who WP will MD initiate VV it PP . SENT He PP may MD call VV upon IN them PP to TO meet VV a DT family NN mediator NN who WP will MD acquaint VV them PP with IN the DT subject NN and CC progress NN of IN such PDT a DT measure NN . SENT Art NN . SENT 373 CD 2 CD 11 CD Where WRB he PP rules VVZ on IN the DT terms NNS of IN exercise NN of IN parental JJ authority NN , , the DT judge NN shall MD take VV into IN consideration NN in IN particular JJ . SENT 1 LS The DT practice NN previously RB followed VVD by IN the DT parents NNS or CC the DT agreements NNS they PP entered VVD into IN earlier RBR . SENT 2 CD Feelings NNS expressed VVN by IN a DT minor JJ child NN in IN the DT way NN provided VVD for IN in IN Article NP 388 CD 1 CD . SENT 3 LS The DT capacity NN of IN each DT parent NN to TO assume VV his PP$ or CC her PP$ duties NNS and CC to TO respect VV the DT rights NNS of IN the DT other JJ . SENT 4 LS The DT result NN of IN court NN ordered VVD appraisals NNS possibly RB carried VVD out RP , , taking VVG into IN account NN in IN particular JJ the DT age NN of IN the DT child NN . SENT 5 CD Information NN collected VVN in IN possible JJ social JJ enquiries NNS and CC counter VV enquiries NNS provided VVN for IN in IN Article NP 373 CD 2 CD 12 CD . SENT Art NN . SENT 373 CD 2 CD 12 CD Before IN any DT decision NN fixing VVG the DT terms NNS of IN exercise NN of IN parental JJ authority NN and CC of IN the DT right NN of IN access NN , , or CC entrusting VVG the DT children NNS to TO a DT third JJ person NN , , the DT judge NN may MD assign VV the DT task NN of IN undertaking VVG a DT social JJ enquiry NN to TO any DT qualified JJ person NN . SENT This DT is VBZ for IN the DT purpose NN of IN collecting VVG information NN on IN the DT situation NN of IN the DT family NN and CC on IN the DT conditions NNS in IN which WDT the DT children NNS live VVP and CC are VBP educated VVN . SENT Where WRB one CD of IN the DT parents NNS contests NNS the DT conclusions NNS of IN a DT social JJ inquiry NN , , a DT counter JJ inquiry NN may MD be VB ordered VVN on IN his PP$ or CC her PP$ request NN . SENT A DT social JJ inquiry NN may MD not RB be VB used VVN in IN a DT trial NN of IN a DT cause NN for IN divorce NN . SENT Art NN . SENT 373 CD 2 CD 13 CD The DT provisions NNS of IN an DT approved VVN agreement NN as RB well RB as IN the DT judgments NNS relating VVG to TO the DT exercise NN of IN parental JJ authority NN may MD be VB varied VVN or CC completed VVN at IN any DT time NN by IN the DT judge NN , , on IN request NN of IN the DT parents NNS or CC of IN a DT parent NN or CC of IN the DT Government NP procurator NN , , who WP himself PP may MD be VB seized VVN by IN a DT third JJ person NN , , relative JJ or CC not RB . SENT 4 CD Of IN the DT Intervention NN of IN Third NP Persons NP Art NP . SENT 373 CD 3 CD Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD Separation NN of IN the DT parents NNS Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD is VBZ not RB a DT bar NN to TO the DT devolution NN provided VVD for IN by IN Article NP 373 CD 1 CD , , even RB where WRB the DT parent NN who WP remains VVZ able JJ to TO exercise VV parental JJ authority NN was VBD deprived VVN of IN the DT exercise NN of IN some DT attributes NNS of IN that DT authority NN by IN the DT effects NNS of IN a DT judgment NN delivered VVN against IN him PP or CC her PP$ . SENT Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD The DT judge NN may MD , , by IN way NN of IN exception NN and CC where WRB the DT welfare NN of IN the DT child NN so RB requires VVZ , , in IN particular JJ when WRB one CD of IN the DT parents NNS is VBZ deprived VVN of IN the DT exercise NN or CC parental JJ authority NN , , decide VVP to TO entrust VV the DT child NN to TO a DT third JJ person NN , , chosen VVN preferably RB within IN his PP$ relatives NNS . SENT He PP shall MD be VB seized VVN and CC shall MD rule VV under IN Articles NNS 373 CD 2 CD 8 CD and CC 373 CD 2 CD 11 CD . SENT In IN exceptional JJ circumstances NNS , , the DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD who WP decides VVZ on IN the DT terms NNS of IN exercise NN of IN parental JJ authority NN after IN a DT separation NN of IN the DT parents NNS Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD may MD decide VV , , even RB in IN the DT lifetime NN of IN the DT parents NNS , , that WDT in IN case NN of IN death NN of IN the DT parent NN who WP exercises VVZ parental JJ authority NN , , the DT child NN may MD not RB be VB placed VVN in IN the DT custody NN of IN the DT survivor NN . SENT He PP may MD , , in IN that DT event NN , , designate VV the DT person NN to TO whom WP the DT child NN shall MD temporarily RB be VB entrusted VVN . SENT deleted VVN Art NN . SENT 373 CD 4 CD Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD Where WRB the DT child NN was VBD entrusted VVN to TO a DT third JJ party NN , , parental JJ authority NN shall MD continue VV to TO be VB exercised VVN by IN the DT father NN and CC mother NN . SENT however RB , , the DT person NN to TO whom WP the DT child NN was VBD entrusted VVN shall MD perform VV all PDT the DT usual JJ acts NNS regarding VVG his PP$ supervision NN and CC education NN . SENT The DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD , , where WRB he PP temporarily RB entrusts VVZ the DT child NN to TO a DT third JJ person NN , , may MD decide VV that IN the DT latter NN shall MD require VV the DT establishment NN of IN a DT guardianship NN . SENT Art NN . SENT 374 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Where WRB the DT parentage NN of IN an DT illegitimate JJ child NN is VBZ established VVN only RB with IN regard NN to TO one CD of IN his PP$ parents NNS , , the DT latter NN shall MD exercise VV parental JJ authority NN alone RB . SENT Where WRB his PP$ parentage NN is VBZ established VVN with IN regard NN to TO both DT parents NNS under IN terms NNS different JJ from IN those DT provided VVN for IN in IN Article NP 372 CD , , parental JJ authority NN shall MD be VB exercised VVN by IN the DT mother NN . SENT It PP shall MD however RB be VB exercised VVN in IN common JJ by IN both DT parents NNS where WRB they PP make VVP a DT joint JJ declaration NN thereof RB before IN the DT clerk NN in IN chief JJ of IN the DT tribunal NN de NP grande NP instance NN Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 CD . SENT In IN all DT cases NNS the DT family NN causes VVZ judge NN may MD , , on IN request NN of IN the DT father NN , , the DT mother NN or CC the DT Government NP procurator's NN office NN , , modify VV the DT terms NNS of IN exercise NN of IN parental JJ authority NN with IN regard NN to TO an DT illegitimate JJ child NN . SENT He PP may MD decide VV that IN it PP will MD be VB exercised VVN either RB by IN one CD of IN the DT two CD parents NNS , , or CC in IN common JJ by IN both DT parents NNS . SENT in IN that DT case NN , , he PP shall MD designate VV the DT parent NN at IN whose WP$ home NN the DT child NN will MD have VH his PP$ usual JJ residence NN . SENT The DT family NN causes VVZ judge NN may MD grant VV a DT right NN of IN supervision NN to TO the DT parent NN who WP does VVZ not RB have VH the DT exercise NN of IN parental JJ authority NN . SENT He PP may MD refuse VV him PP or CC her PP a DT right NN of IN access NN and CC lodging VVG only RB for IN serious JJ reasons NNS . SENT In IN case NN of IN exercise NN in IN common JJ of IN parental JJ authority NN , , the DT parent NN at IN whose WP$ home NN the DT children NNS do VVP not RB usually RB reside VV shall MD contribute VV to TO their PP$ support NN and CC education NN in IN proportion NN to TO the DT respective JJ means NN of IN the DT parents NNS . SENT Art NN . SENT 374 CD 1 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD The DT court NN which WDT decides VVZ on IN the DT establishing VVG of IN an DT illegitimate JJ parentage NN may MD decide VV to TO entrust VV the DT child NN temporarily RB to TO a DT third JJ person NN who WP will MD be VB in IN charge NN of IN requiring VVG the DT organization NN of IN a DT guardianship NN . SENT Art NN . SENT 374 CD 2 CD In IN all DT cases NNS provided VVN for IN in IN this DT Title NP , , a DT guardianship NN may MD be VB established VVN even RB where WRB there EX is VBZ no DT property NN to TO be VB administered VVN . SENT It PP shall MD be VB then RB organized VVN in IN accordance NN with IN the DT provisions NNS of IN Title NP X NP . SENT Section NP II NP Of IN Educational NP Assistance NP Art NP . SENT 375 CD Where WRB the DT health NN , , security NN or CC morality NN of IN a DT not RB emancipated VVN minor JJ are VBP imperilled JJ , , or CC where WRB the DT conditions NNS of IN his PP$ education NN are VBP seriously RB endangered VVN , , measures NNS of IN educational JJ assistance NN may MD be VB judicially RB ordered VVN on IN request NN of IN the DT father NN and CC mother NN jointly RB , , or CC of IN one CD of IN them PP , , of IN the DT person NN or CC body NN to TO whom WP the DT child NN was VBD entrusted VVN Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD or CC of IN the DT guardian NN , , of IN the DT minor JJ himself PP or CC of IN the DT Government NP procurator's NN office NN . SENT Exceptionally RB , , the DT judge NN may MD be VB seized VVN of IN his PP$ own JJ motion NN . SENT They PP may MD be VB ordered VVN at IN the DT same JJ time NN with IN regard NN to TO several JJ children NNS dependent JJ on IN a DT same JJ parental JJ authority NN . SENT Act NP n NN 86 CD 17 CD of IN 6 CD Jan NP . SENT 1986 CD The DT decision NN shall MD fix VV the DT duration NN of IN the DT measure NN without IN exceeding VVG two CD years NNS , , where WRB it PP relates VVZ to TO an DT educational JJ measure NN implemented VVN by IN a DT service NN or CC body NN . SENT A DT measure NN may MD be VB renewed VVN by IN a DT judgment NN setting VVG out RP the DT grounds NNS on IN which WDT it PP is VBZ based VVN . SENT Art NN . SENT 375 CD 1 CD The DT juvenile JJ judge NN shall MD have VH jurisdiction NN , , subject JJ to TO appeal VV , , in IN all DT matters NNS relating VVG to TO educational JJ assistance NN . SENT He PP shall MD always RB endeavour VV to TO secure VV the DT adhesion NN of IN the DT family NN to TO the DT measure NN contemplated VVD . SENT Art NN . SENT 375 CD 2 CD Whenever WRB possible JJ , , a DT minor NN must MD be VB kept VVN in IN his PP$ present JJ circle NN . SENT In IN that DT case NN , , the DT judge NN shall MD designate VV , , either CC a DT qualified JJ person NN , , or CC a DT service NN of IN observation NN , , education NN or CC rehabilitation NN in IN the DT free JJ community NN , , with IN the DT mission NN of IN bringing VVG aid NN and CC counsel NN to TO the DT family NN in IN order NN to TO overcome VV the DT material NN or CC moral JJ difficulties NNS which WDT it PP is VBZ encountering VVG . SENT That DT person NN or CC service NN shall MD be VB responsible JJ for IN following VVG the DT development NN of IN the DT child NN and CC making VVG a DT periodical JJ report NN of IN it PP to TO the DT judge NN . SENT The DT judge NN may MD also RB make VV the DT keeping VVG of IN the DT child NN in IN his PP$ circle NN conditional JJ on IN specific JJ obligations NNS , , such JJ as IN that DT of IN regularly RB attending VVG a DT medical JJ or CC educational JJ institution NN , , ordinary JJ or CC specialized JJ , , or CC of IN exercising VVG a DT professional JJ activity NN . SENT Art NN . SENT 375 CD 3 CD Where WRB it PP is VBZ necessary JJ to TO withdraw VV the DT child NN from IN his PP$ present JJ circle NN , , the DT judge NN may MD decide VV to TO entrust VV him PP . SENT 1 LS To TO the DT other JJ parent NN Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD . SENT 2 CD To TO another DT member NN of IN the DT family NN or CC to TO a DT trustworthy JJ third JJ person NN . SENT 3 LS To TO a DT medical JJ or CC educational JJ , , ordinary JJ or CC specialized JJ , , service NN or CC institution NN . SENT 4 LS To TO a DT d NN partemental JJ Children's NP aid NN service NN Act NP n NN 89 CD 487 CD of IN 10 CD July NP 1989 CD . SENT However RB , , where WRB a DT petition NN for IN divorce NN was VBD filed VVN or CC a DT divorce NN order NN handed VVD down RP between IN the DT father NN and CC mother NN , , those DT measures NNS may MD be VB taken VVN only RB if IN a DT new JJ circumstance NN likely JJ to TO endanger VV the DT minor JJ is VBZ revealed VVN after IN the DT decision NN which WDT rules VVZ on IN the DT terms NNS of IN exercise NN of IN parental JJ authority NN or CC entrusts VVZ the DT child NN to TO a DT third JJ person NN Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD . SENT They PP may MD not RB be VB a DT bar NN to TO the DT power NN of IN the DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD to TO decide VV , , under IN Article NP 373 CD 3 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD , , to TO whom WP the DT child NN is VBZ to TO be VB entrusted VVN . SENT The DT same JJ rules NNS shall MD apply VV to TO judicial JJ separation NN . SENT Art NN . SENT 375 CD 4 CD Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD In IN the DT circumstances NNS specified VVN in IN 1 CD , , 2 CD and CC 3 CD of IN the DT preceding JJ Article NN , , the DT judge NN may MD assign VV either RB to TO a DT qualified JJ person NN , , or CC to TO a DT service NN of IN observation NN , , education NN or CC rehabilitation NN in IN the DT free JJ community NN , , the DT mission NN of IN bringing VVG aid NN and CC counsel NN to TO the DT person NN or CC the DT service NN to TO whom WP the DT child NN was VBD entrusted VVN , , as RB well RB as IN to TO the DT family NN , , and CC of IN following VVG the DT development NN of IN the DT child NN . SENT In IN all DT cases NNS , , the DT judge NN may MD join VV the DT handing VVG over RP of IN the DT child NN with IN the DT same JJ terms NNS as IN under IN Article NP 375 CD 2 CD , , paragraph NN 2 CD . SENT He PP may MD also RB decide VV that DT periodical JJ report NN shall MD be VB made VVN to TO him PP as IN to TO the DT situation NN of IN the DT child NN . SENT Art NN . SENT 375 CD 5 CD Provisionally RB , , but CC subject JJ to TO appeal VV , , the DT judge NN may MD , , pending VVG suit NN , , either CC order VV the DT provisory JJ handing VVG over RP of IN the DT child NN to TO a DT rest NN or CC observation NN centre NN , , or CC take VV one PP of IN the DT measures NNS provided VVN for IN in IN Articles NNS 375 CD 3 CD and CC 375 CD 4 CD . SENT In IN case NN of IN emergency NN , , the DT Government NP procurator NN of IN the DT place NN where WRB the DT child NN was VBD found VVN , , shall MD have VH the DT same JJ power NN , , with IN the DT responsibility NN of IN referring VVG the DT matter NN within IN eight CD days NNS to TO the DT competent JJ judge NN who WP shall MD maintain VV , , vary VV or CC revoke VV the DT measure NN . SENT Art NN . SENT 375 CD 6 CD Decisions NNS taken VVN in IN matters NNS of IN educational JJ assistance NN may MD , , at IN any DT time NN , , be VB varied VVN or CC revoked VVN by IN the DT judge NN who WP took VVD them PP , , either CC of IN his PP$ own JJ motion NN , , or CC on IN request NN of IN the DT father NN and CC mother NN jointly RB or CC of IN one CD of IN them PP , , of IN the DT person NN or CC service NN to TO whom WP the DT child NN was VBD entrusted VVN Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD or CC of IN the DT guardian NN , , the DT child NN himself PP or CC the DT Government NP procurator's NN office NN . SENT Art NN . SENT 375 CD 7 CD The DT father NN and CC mother NN whose WP$ child NN gave VVD occasion NN for IN a DT measure NN of IN educational JJ assistance NN keep VV their PP$ parental JJ authority NN over IN him PP and CC exercise VV all PDT the DT attributes NNS of IN it PP that WDT are VBP not RB incompatible JJ with IN the DT implementation NN of IN the DT measure NN . SENT They PP may MD not RB emancipate VV the DT child NN without IN authorization NN of IN the DT juvenile JJ judge NN , , while IN the DT measure NN of IN educational JJ assistance NN is VBZ being VBG implemented VVN Where WRB it PP was VBD necessary JJ to TO place VV the DT child NN outside IN the DT parents NNS home NN , , the DT latter NN keep VV a DT right NN of IN correspondence NN and CC a DT right NN of IN access NN . SENT The DT judge NN shall MD fix VV the DT terms NNS thereof RB and CC may MD even RB , , if IN the DT welfare NN of IN the DT child NN so RB requires VVZ , , decide VV that IN the DT exercise NN of IN these DT rights NNS or CC of IN one CD of IN them PP shall MD be VB temporarily RB suspended VVN . SENT The DT judge NN may MD indicate VV that IN the DT locamlity NN of IN placement NN of IN the DT child NN shall MD be VB chosen VVN so RB as IN to TO make VV easier JJR , , as RB far RB as IN possible JJ , , the DT exercise NN of IN the DT right NN of IN access NN for IN the DT parent NN or CC parents NNS Act NP n NN 98 CD 657 CD of IN 29 CD July NP 1998 CD . SENT Art NN . SENT 375 CD 8 CD The DT expenses NNS of IN support NN and CC education NN of IN the DT child NN who WP was VBD the DT subject NN of IN a DT measure NN of IN educational JJ assistance NN continue VVP to TO devolve VV upon RP its PP$ father NN and CC mother NN as IN well RB as RB upon IN his PP$ ascendants NNS from IN whom WP maintenance NN may MD be VB claimed VVN , , except IN for IN the DT power NN of IN the DT judge NN to TO discharge VV them PP of IN it PP in IN whole JJ or CC in IN part NN . SENT Art NN . SENT 375 CD 9 CD Act NP n NN 2002 CD 303 CD of IN 4 CD March NP 2002 CD . SENT The DT judgment NN which WDT , , under IN Article NP 375 CD 3 CD , , paragraph NN 3 CD , , entrusts VVZ the DT minor JJ to TO an DT institution NN which WDT receives VVZ persons NNS admitted VVN by IN reason NN of IN mental JJ diseases NNS , , shall MD be VB handed VVN down RP after IN detailed JJ medical JJ advice NN from IN a DT physician NN not RB belonging VVG to TO the DT institution NN , , for IN a DT duration NN which WDT may MD not RB exceed VV fifteen CD days NNS . SENT The DT provision NN may MD be VB renewed VVN , , after IN medical JJ assent NN given VVN by IN a DT psychiatrist NN of IN the DT receiving VVG institution NN , , for IN a DT duration NN of IN one CD month NN , , renewable JJ . SENT Section NP III NP Of IN the DT Delegation NN of IN Parental JJ Authority NP Art NP . SENT 376 CD No RB relinquishment NN or CC transfer VV relating VVG to TO parental JJ authority NN may MD be VB effective JJ , , unless IN under IN a DT judgment NN in IN the DT cases NNS specified VVN below IN . SENT Art NN . SENT 376 CD 1 CD A DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD may MD , , where WRB he PP is VBZ called VVN to TO rule VV upon IN the DT terms NNS of IN exercise NN of IN parental JJ authority NN or CC upon IN the DT education NN of IN a DT minor JJ child NN or CC where WRB he PP decides VVZ to TO entrust VV a DT child NN to TO a DT third JJ person NN Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD , , take VVP into IN consideration NN the DT covenants NNS which WDT the DT father NN and CC mother NN may MD have VH freely RB concluded VVN between IN them PP on IN this DT subject NN , , unless IN one CD of IN them PP adduces VVZ serious JJ reasons NNS which WDT allow VVP him PP or CC her PP$ to TO revoke VV his PP$ or CC her PP$ consent NN . SENT Art NN . SENT 377 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD The DT father NN and CC mother NN , , jointly RB or CC separately RB , , may MD , , where WRB circumstances NNS so RB require VVP , , seize VVP a DT judge NN for IN the DT purpose NN of IN having VHG delegated VVN all DT or CC part NN of IN the DT exercise NN of IN their PP$ parental JJ authority NN to TO a DT third JJ person NN , , member NN of IN the DT family NN , , trustworthy JJ near JJ relation NN , , institution NN approved VVD for IN receiving VVG children NNS or CC d NN partemental JJ Children's NP aid NN service NN . SENT In IN case NN of IN plain JJ disinterest NN or CC where WRB the DT parents NNS are VBP unable JJ to TO exercise VV all DT or CC part NN of IN parental JJ authority NN , , the DT individual NN , , the DT body NN or CC the DT d NN partemental JJ Children's NP aid NN service NN who WP received VVD the DT child NN may MD also RB seize VV the DT judge NN for IN purpose NN of IN having VHG delegated VVN to TO them PP parental JJ authority NN wholly RB or CC partially RB . SENT In IN all DT cases NNS referred VVD to TO in IN this DT Article NP , , both DT parents NNS shall MD be VB called VVN in IN the DT case NN . SENT Where WRB the DT child NN concerned VVN is VBZ the DT subject NN of IN a DT measure NN of IN educational JJ assistance NN , , delegation NN may MD occur VV only RB after IN opinion NN of IN the DT juvenile JJ judge NN . SENT Art NN . SENT 377 CD 1 CD Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD Delegation NN , , total JJ or CC partial JJ , , of IN parental JJ authority NN results NNS from IN the DT judgment NN handed VVD down RP by IN the DT family NN causes VVZ judge NN . SENT However RB , , a DT judgment NN of IN delegation NN may MD provide VV , , for IN the DT needs NNS of IN education NN of IN a DT child NN , , that IN the DT father NN and CC mother NN , , or CC one CD of IN them PP , , shall MD share VV all DT or CC part NN of IN the DT exercise NN of IN parental JJ authority NN with IN the DT third JJ person NN delegatee NN . SENT That DT division NN shall MD require VV consent NN of IN the DT parent NN or CC parents NNS in IN so RB far RB as IN they PP exercise VVP parental JJ authority NN . SENT The DT presumption NN in IN Article NP 372 CD 2 CD shall MD apply VV with IN regard NN to TO transactions NNS performed VVN by IN the DT delegator NN or CC delegators NNS and CC the DT delegatee NN . SENT The DT judge NN may MD be VB seized VVN of IN the DT difficulties NNS that IN a DT shared VVN exercise NN of IN parental JJ authority NN may MD produce VV by IN the DT parents NNS , , one CD of IN them PP , , the DT delegatee NN or CC the DT Government NP procurator NN . SENT He PP shall MD rule VV in IN accordance NN with IN the DT provisions NNS of IN Article NP 373 CD 2 CD 11 CD . SENT Art NN . SENT 377 CD 2 CD In IN all DT cases NNS , , delegation NN may MD come VV to TO an DT end NN or CC be VB removed VVN by IN a DT new JJ judgment NN , , where WRB new JJ circumstances NNS are VBP adduced VVN . SENT In IN the DT case NN where WRB the DT father NN and CC mother NN are VBP granted VVN the DT return NN of IN the DT child NN , , the DT family NN causes VVZ judge NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD shall MD place VV on IN them PP , , unless IN they PP are VBP necessitous JJ , , reimbursement NN of IN all DT or CC part NN of IN the DT expenses NNS of IN support NN . SENT deleted VVN Art NN . SENT 377 CD 3 CD The DT right NN to TO consent VV to TO the DT adoption NN of IN a DT minor NN may MD never RB be VB delegated VVN . SENT Section NP IV NP Of IN the DT Total JJ or CC Partial JJ Withdrawal NN of IN Parental JJ Authority NP Art NP . SENT 378 CD By IN express JJ provision NN of IN a DT criminal JJ judgment NN , , parental JJ authority NN may MD be VB totally RB withdrawn VVN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD from IN the DT father NN and CC mother NN who WP are VBP sentenced VVN either RB as IN perpetrators NNS , , co NP perpetrators NNS or CC accomplices NNS of IN a DT serious JJ or CC ordinary JJ offence NN committed VVN on IN the DT person NN of IN their PP$ child NN , , or CC as IN co NP perpetrators NNS or CC accomplices NNS of IN a DT serious JJ or CC ordinary JJ offence NN committed VVN by IN their PP$ child NN , , . SENT That DT withdrawal NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD may MD be VB applied VVN to TO ascendants NNS other JJ than IN the DT father NN and CC mother NN as RB regards VVZ that DT part NN of IN parental JJ authority NN which WDT they PP may MD have VH over IN their PP$ descendants NNS . SENT Art NN . SENT 378 CD 1 CD The DT father NN and CC mother NN who WP apart RB from IN any DT criminal JJ sentence NN , , either CC by IN maltreatment NN , , or CC by IN usual JJ and CC excessive JJ consumption NN of IN alcoholic JJ beverages NNS or CC drug NN addiction NN , , or CC by IN a DT notorious JJ misconduct NN or CC criminal JJ activities NNS or CC by IN lack NN of IN care NN or CC want VVP of IN guidance NN , , obviously RB endanger VV the DT security NN , , health NN or CC morality NN of IN the DT child NN , , may MD be VB totally RB withdrawn VVN parental JJ authority NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD . SENT The DT father NN and CC mother NN who WP , , for IN more JJR than IN two CD years NNS , , have VHP intentionally RB abstained VVD from IN exercising VVG the DT rights NNS and CC fulfilling VVG the DT duties NNS they PP retained VVD under IN Article NP 375 CD 7 CD , , may MD likewise RB be VB totally RB withdrawn VVN parental JJ authority NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD . SENT An DT action NN for IN total JJ withdrawal NN of IN parental JJ authority NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD shall MD be VB brought VVN before IN the DT tribunal NN de NP grande NP instance NN , , either CC by IN the DT Government NP procurator's NN office NN , , or CC by IN a DT member NN of IN the DT family NN or CC by IN the DT child's JJ guardian NN . SENT Art NN . SENT 379 CD Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD A DT total JJ withdrawal NN of IN parental JJ authority NN ordered VVN under IN one CD of IN the DT two CD preceding JJ Articles NNS affects VVZ by IN operation NN of IN law NN all RB the DT attributes NNS , , patrimonial JJ as IN well RB as RB personal JJ , , connected VVN with IN parental JJ authority NN . SENT in IN the DT absence NN of IN other JJ determination NN , , it PP extends VVZ to TO all DT minor JJ children NNS already RB born VVN at IN the DT time NN of IN the DT judgment NN . SENT It PP involves VVZ , , for IN the DT child NN , , dispensation NN from IN maintenance NN obligation NN , , in IN derogation NN from IN Articles NNS 205 CD to TO 207 CD , , unless IN otherwise RB provided VVN by IN the DT judgment NN of IN withdrawal NN . SENT Art NN . SENT 379 CD 1 CD Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD Instead RB of IN a DT total JJ withdrawal NN , , the DT judgment NN may MD be VB confined VVN to TO ordering VVG a DT partial JJ withdrawal NN of IN parental JJ authority NN , , limited VVN to TO the DT attributes NNS it PP specifies VVZ . SENT It PP may MD also RB decide VV that IN a DT total JJ or CC partial JJ withdrawal NN of IN parental JJ authority NN will MD be VB effective JJ only RB with IN regard NN to TO certain JJ children NNS already RB born VVN . SENT Art NN . SENT 380 CD When WRB it PP orders VVZ a DT total JJ or CC partial JJ withdrawal NN of IN parental JJ authority NN or CC Act NN n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD of IN the DT right NN of IN custody NN , , the DT court NN seized VVN shall MD , , where WRB the DT other JJ parent NN is VBZ dead JJ or CC has VHZ lost VVN the DT exercise NN of IN parental JJ authority NN , , either CC designate VV a DT third JJ person NN to TO whom WP the DT child NN will MD be VB temporarily RB entrusted VVN Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD with IN the DT responsibility NN of IN requesting VVG the DT organization NN of IN a DT guardianship NN , , or CC entrust VVP the DT child NN to TO the DT Children's NP aid NN service NN . SENT It PP may MD take VV the DT same JJ measures NNS where WRB parental JJ authority NN has VHZ devolved VVN on IN one CD of IN the DT parents NNS through IN the DT effect NN of IN a DT total JJ withdrawal NN of IN parental JJ authority NN ordered VVN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD against IN the DT other JJ . SENT Art NN . SENT 381 CD The DT father NN and CC mother NN who WP have VHP been VBN the DT subject NN of IN a DT total JJ withdrawal NN of IN parental JJ authority NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD or CC of IN a DT withdrawal NN of IN rights NNS for IN one CD of IN the DT grounds NNS provided VVN for IN in IN Articles NNS 378 CD and CC 378 CD 1 CD , , may MD , , by IN way NN of IN a DT petition NN , , gain NN from IN the DT tribunal NN de NP grande NP instance NN , , by IN proving VVG new JJ circumstances NNS , , the DT restitution NN to TO them PP , , in IN whole NN or CC in IN part NN , , of IN the DT rights NNS of IN which WDT they PP were VBD deprived VVN . SENT An DT application NN for IN restitution NN may MD be VB filed VVN only RB one CD year NN at IN the DT earliest JJS after IN the DT judgment NN ordering VVG the DT total JJ or CC partial JJ withdrawal NN of IN parental JJ authority NN Act NP n NN 96 CD 604 CD of IN 5 CD July NP 1996 CD became VVD irrevocable JJ . SENT in IN case NN of IN dismissal NN , , it PP may MD be VB renewed VVN only RB after IN a DT new JJ period NN of IN one CD year NN . SENT No DT application NN is VBZ admissible JJ where WRB , , before IN the DT filing NN of IN the DT petition NN , , the DT child NN has VHZ been VBN placed VVN for IN the DT purpose NN of IN adoption NN . SENT Where WRB restitution NN is VBZ granted VVN , , the DT Government NP procurator's NN office NN shall MD , , if IN there EX is VBZ occasion NN , , apply VV for IN measures NNS of IN educational JJ assistance NN . SENT CHAPTER NN II NP OF IN PARENTAL JJ AUTHORITY NN WITH IN REGARD NN TO TO THE DT PROPERTY NN OF IN A DT CHILD NN Art NN . SENT 382 CD The DT father NN and CC mother NN have VHP , , subject JJ to TO the DT distinctions NNS that WDT follow VVP , , the DT administration NN and CC enjoyment NN of IN the DT property NN of IN their PP$ child NN . SENT Art NN . SENT 383 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Statutory JJ administration NN shall MD be VB exercised VVN jointly RB by IN the DT father NN and CC mother NN where WRB they PP exercise VVP in IN common JJ parental JJ authority NN and CC , , in IN the DT other JJ cases NNS , , under IN judicial JJ supervision NN , , either CC by IN the DT father NN or CC by IN the DT mother NN , , according VVG to TO the DT provisions NNS of IN the DT preceding JJ Chapter NN . SENT Statutory JJ enjoyment NN is VBZ attached VVN to TO statutory JJ administration NN . SENT it PP belongs VVZ either RB to TO the DT two CD parents NNS jointly RB , , or CC to TO the DT one NN of IN the DT father NN and CC mother NN who WP is VBZ responsible JJ for IN the DT administration NN . SENT Art NN . SENT 384 CD The DT right NN of IN enjoyment NN comes VVZ to TO an DT end NN . SENT 1 LS As RB soon RB as IN the DT child NN has VHZ completed VVN sixteen CD years NNS Act NP n NN 74 CD 631 CD of IN 5 CD July NP 1974 CD , , or CC even RB earlier RBR when WRB he PP contracts VVZ marriage NN . SENT 2 CD Through IN the DT causes NNS which WDT put VVP an DT end NN to TO parental JJ authority NN , , or CC even RB , , more RBR particularly RB , , through IN those DT which WDT put VVD an DT end NN to TO statutory JJ administration NN . SENT 3 CD Through IN the DT causes NNS which WDT involve VVP extinction NN of IN any DT usufruct NN . SENT Art NN . SENT 385 CD The NP charges NNS of IN such JJ enjoyment NN are VBP . SENT 1 LS Those DT to IN which WDT usufructuaries NNS are VBP liable JJ in IN general NN . SENT 2 LS The DT feeding NN , , supporting VVG and CC educating VVG the DT child NN , , according VVG to TO his PP$ wealth NN . SENT 3 CD Debts NNS which WDT burden NN a DT succession NN received VVD by IN the DT child NN to TO the DT extent NN that IN they PP must MD be VB discharged VVN out RP of IN the DT income NN . SENT Art NN . SENT 386 CD That IN enjoyment NN may MD not RB take VV place NN for IN the DT benefit NN of IN a DT surviving VVG spouse NN who WP omits VVZ to TO make VV an DT inventory NN , , authentic JJ or CC under IN private JJ signature NN , , of IN property NN owed VVN to TO a DT minor JJ . SENT Art NN . SENT 387 CD Statutory JJ enjoyment NN does VVZ not RB extend VV to TO property NN acquired VVD by IN a DT child NN through IN his PP$ work NN , , or CC to TO that DT which WDT is VBZ donated VVN or CC bequeathed VVD to TO him PP under IN the DT express JJ condition NN that IN the DT father NN and CC mother NN may MD not RB have VH enjoyment NN of IN them PP . SENT TITLE NN X NN OF IN MINORITY NN , , OF IN GUARDIANSHIP NN AND CC OF IN EMANCIPATION NN CHAPTER NN I NN OF IN MINORITY NN Art NN . SENT 388 CD Act NP n NN 74 CD 631 CD of IN 5 CD July NP 1974 CD A DT minor NN is VBZ an DT individual NN of IN either DT sex NN who WP has VHZ not RB yet RB reached VVN the DT full JJ age NN of IN eighteen CD years NNS . SENT Art NN . SENT 388 CD 1 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD In IN all DT proceedings NNS relating VVG to TO him PP , , a DT minor JJ capable JJ of IN discernment NN may MD , , without IN prejudice NN to TO the DT provisions NNS as RB to TO his PP$ intervention NN or CC consent NN , , be VB heard VVN by IN the DT judge NN or CC the DT person NN appointed VVN by IN the DT judge NN for IN that DT purpose NN . SENT Where WRB a DT minor JJ so IN requests NNS , , his PP$ hearing NN may MD be VB denied VVN only RB by IN a DT judgment NN setting VVG out RP specially RB the DT grounds NNS on IN which WDT it PP is VBZ based VVN . SENT . SENT He PP may MD be VB heard VVN alone RB , , with IN a DT counsel NN or CC a DT person NN of IN his PP$ choice NN . SENT Where WRB that DT choice NN does VVZ not RB appear VV to TO be VB consonant NN with IN the DT welfare NN of IN the DT child NN , , the DT judge NN may MD appoint VV another DT person NN . SENT The DT hearing NN of IN a DT minor NN does VVZ not RB confer VV on IN him PP the DT status NN of IN a DT party NN to TO the DT proceedings NNS . SENT Art NN . SENT 388 CD 2 CD Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD Where WRB , , in IN a DT lawsuit NN , , the DT interests NNS of IN a DT minor JJ appear VVP to TO be VB in IN conflict NN with IN those DT of IN his PP$ statutory JJ representatives NNS , , the DT judge NN of IN guardianships NNS in IN the DT manner NN provided VVD for IN in IN Article NP 389 CD 3 CD , , or CC , , failing VVG which WDT , , the DT judge NN who WP is VBZ seized VVN of IN the DT case NN shall MD appoint VV an DT ad FW hoc FW administrator NN who WP has VHZ the DT responsibility NN to TO represent VV him PP . SENT CHAPTER NN II NP OF IN GUARDIANSHIP NN Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD Section NN I NN Of IN the DT Cases NNS Where WRB either DT Statutory JJ Administration NN or CC Guardianship NN Takes VVZ Place NP Art NP . SENT 389 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Where WRB parental JJ authority NN is VBZ exercised VVN in IN common JJ by IN the DT twol NN parents NNS , , they PP are VBP statutory JJ administrators NNS . SENT In IN the DT other JJ cases NNS , , statutory JJ administration NN belongs VVZ to TO the DT parent NN who WP exercises VVZ parental JJ authority NN . SENT Art NN . SENT 389 CD 1 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Statutory JJ administration NN is VBZ outright RB where WRB the DT two CD parents NNS exercise VVP parental JJ authority NN in IN common JJ . SENT Art NN . SENT 389 CD 2 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Statutory JJ administration NN is VBZ placed VVN under IN supervision NN of IN the DT judge NN of IN guardianships NNS where WRB one PP or CC the DT other JJ of IN the DT two CD parents NNS is VBZ dead JJ or CC is VBZ deprived VVN of IN the DT exercise NN of IN parental JJ authority NN Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD . SENT it PP shall MD be VB likewise RB in IN case NN of IN unilateral JJ exercise NN of IN parental JJ authority NN Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD . SENT Art NN . SENT 389 CD 3 CD A DT statutory JJ administrator NN acts NNS as IN an DT agent NN for IN the DT minor JJ in IN all DT civil JJ transactions NNS , , except IN cases NNS where WRB the DT law NN or CC usage NN authorizes VVZ minors NNS to TO act VV for IN themselves PP . SENT Where WRB his PP$ interests NNS are VBP in IN conflict NN with IN those DT of IN the DT minor JJ , , he PP must MD have VH an DT administrator NN ad FW hoc FW appointed VVN by IN the DT judge NN of IN guardianships NNS . SENT In IN the DT absence NN of IN any DT suit NN of IN the DT statutory JJ administrator NN , , the DT judge NN may MD undertake VV that DT appointment NN on IN request NN of IN the DT Government NP procurator's NN office NN , , of IN the DT minor JJ himself PP or CC of IN his PP$ own JJ motion NN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD . SENT Property NN donated VVD or CC bequeathed VVD to TO a DT minor JJ under IN the DT condition NN that IN it PP shall MD be VB administered VVN by IN a DT third JJ person NN is VBZ not RB subject JJ to TO statutory JJ administration NN . SENT That DT third JJ person NN administrator NN has VHZ the DT powers NNS conferred VVD on IN him PP by IN the DT gift NN or CC will NN . SENT failing VVG which WDT , , those DT of IN an DT administrator NN under IN judicial JJ supervision NN . SENT Art NN . SENT 389 CD 4 CD Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD In IN outright JJ statutory JJ administration NN , , each DT of IN the DT parents NNS Act NP n NN 85 CD 1327 CD of IN 23 CD Dec NP . SENT 1985 CD is VBZ deemed VVN , , with IN regard NN to TO third JJ parties NNS , , to TO have VH received VVN from IN the DT other JJ the DT power NN to TO do VV alone RB the DT transactions NNS for IN which WDT a DT guardian NN would MD not RB need VV any DT authorization NN . SENT Art NN . SENT 389 CD 5 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD In IN outright JJ statutory JJ administration NN , , the DT parents NNS perform VVP together RB the DT transactions NNS that IN a DT guardian NN could MD do VV only RB with IN the DT authorization NN of IN the DT family NN council NN . SENT Failing VVG agreement NN between IN the DT parents NNS , , a DT transaction NN must MD be VB authorized VVN by IN the DT judge NN of IN guardianships NNS . SENT Even RB by IN mutual JJ agreement NN , , the DT parents NNS may MD neither RB sell VV amicably RB , , nor CC contribute VV to TO a DT partnership NN an DT immovable JJ or CC a DT business NN concern NN belonging VVG to TO the DT minor JJ , , nor CC contract NN loans NNS on IN his PP$ behalf NN , , nor CC waive VV a DT right NN for IN him PP without IN the DT authorization NN of IN the DT judge NN of IN guardianships NNS . SENT The DT same JJ authorization NN is VBZ required VVN for IN an DT amicable JJ partition NN and CC the DT statement NN of IN liquidation NN shall MD be VB approved VVN in IN the DT way NN provided VVD for IN in IN Article NP 466 CD . SENT Where WRB a DT transaction NN causes VVZ loss NN to TO the DT minor JJ , , the DT parents NNS are VBP liable JJ for IN it PP jointly RB and CC severally RB . SENT Art NN . SENT 389 CD 6 CD Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD In IN statutory JJ administration NN under IN judicial JJ supervision NN , , an DT administrator NN must MD provide VV himself PP with IN an DT authorization NN from IN the DT judge NN of IN guardianships NNS in IN order NN to TO perform VV the DT transactions NNS that IN a DT guardian NN may MD do VV only RB with IN an DT authorization NN . SENT He PP may MD do VV the DT other JJ transactions NNS alone RB . SENT Art NN . SENT 389 CD 7 CD Act NP n NN 70 CD 459 CD of IN 4 CD July NP 1970 CD As IN to TO other JJ issues NNS , , the DT rules NNS of IN guardianship NN shall MD apply VV to TO statutory JJ administration NN , , with IN the DT adjustments NNS resulting VVG from IN the DT latter's NNS being VBG deprived VVN of IN family NN council NN and CC supervisory JJ guardian NN , , and CC without IN prejudicing VVG , , on IN the DT other JJ part NN , , to TO the DT rights NNS that IN the DT father NN and CC mother NN hold NN under IN Title NN Of IN Parental JJ Authority NP in IN particular NN as RB regards VVZ the DT education NN of IN the DT child NN and CC the DT usufruct NN of IN his PP$ property NN . SENT Art NN . SENT 390 CD A NP guardianship NN must MD be VB opened VVN where WRB the DT father NN and CC mother NN are VBP both DT dead JJ or CC are VBP deprived VVN of IN the DT exercise NN of IN parental JJ authority NN Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD . SENT It PP must MD also RB be VB opened VVN with IN regard NN to TO an DT illegitimate JJ child NN where WRB neither CC the DT father NN nor CC the DT mother NN have VHP voluntarily RB acknowledged VVD it PP . SENT There EX is VBZ no DT derogation NN to TO specific JJ statutes NNS governing VVG the DT Children's NP aid NN service NN . SENT Art NN . SENT 391 CD In IN the DT case NN of IN statutory JJ administration NN under IN judicial JJ supervision NN , , the DT judge NN of IN guardianships NNS may MD at IN any DT time NN , , either CC of IN his PP$ own JJ motion NN , , or CC at IN the DT request NN of IN relatives NNS by IN blood NN or CC marriage NN or CC of IN the DT Government NP procurator's NN office NN , , decide VVP to TO open VV guardianship NN , , after IN hearing VVG or CC summoning VVG the DT statutory JJ administrator NN , , except IN in IN emergency NN . SENT The DT latter NN may MD not RB , , from IN the DT application NN and CC until IN final JJ judgment NN , , except IN in IN cases NNS of IN emergency NN , , enter VVP into IN any DT transaction NN that WDT would MD require VV the DT authorization NN of IN the DT family NN council NN were VBD a DT guardianship NN opened VVD . SENT The DT judge NN of IN guardianships NNS may MD also RB decide VV , , but CC only RB for IN serious JJ reasons NNS , , to TO open VV a DT guardianship NN in IN the DT case NN of IN an DT outright JJ statutory JJ administration NN . SENT In IN both DT cases NNS , , where WRB a DT guardianship NN is VBZ opened VVN , , the DT judge NN of IN guardianships NNS shall MD convene VV the DT family NN council NN which WDT may MD either RB name VV the DT statutory JJ administrator NN as IN guardian NN , , or CC designate VV another DT guardian NN . SENT Art NN . SENT 392 CD Where WRB an DT illegitimate JJ child NN happens VVZ to TO be VB acknowledged VVN by IN one CD of IN his PP$ parents NNS after IN the DT opening NN of IN a DT guardianship NN , , the DT judge NN of IN guardianships NNS may MD , , on IN request NN of IN that DT parent NN , , decide VVP to TO substitute VV statutory JJ administration NN to TO guardianship NN under IN Article NP 389 CD 2 CD . SENT Section NP II NP Of IN the DT Organization NP of IN a DT Guardianship NN 1 CD Of IN the DT Judge NP of IN Guardianships NNS Art NN . SENT 393 CD The DT office NN of IN judge NN of IN guardianships NNS is VBZ exercised VVN by IN a DT judge NN of IN the DT tribunal NN d'instance NN in IN whose WP$ territorial JJ jurisdiction NN the DT minor NN has VHZ his PP$ domicile NN . SENT Art NN . SENT 394 CD Where WRB the DT minor's NNS domicile NN is VBZ transferred VVN to TO another DT place NN , , the DT guardian NN shall MD forthwith RB give VV notice NN of IN it PP to TO the DT judge NN of IN guardianships NNS previously RB seized VVN . SENT The DT latter NN shall MD forward VV the DT file NN of IN the DT guardianship NN to TO the DT judge NN of IN guardianships NNS of IN the DT new JJ domicile NN . SENT Mention VV of IN that DT forwarding NN shall MD be VB kept VVN in IN the DT court NN office NN of IN the DT tribunal NN d'instance NN . SENT Art NN . SENT 395 CD A DT judge NN of IN guardianships NNS shall MD exercise VV a DT general JJ supervision NN over IN statutory JJ administrations NNS and CC guardianships NNS of IN his PP$ jurisdiction NN . SENT He PP may MD convene VV statutory JJ administrators NNS , , guardians NNS and CC other JJ organs NNS of IN guardianship NN , , require VV clarifications NNS from IN , , make VV observations NNS to TO , , and CC grant VV injunctions NNS against IN them PP . SENT He PP may MD sentence NN to TO the DT fine NN provided VVD for IN in IN the DT Code NP of IN Civil NP Procedure NN those DT who WP , , without IN lawful JJ excuse NN , , did VVD not RB comply VV with IN his PP$ injunctions NNS . SENT Art NN . SENT 396 CD The NP proceedings NNS before IN a DT judge NN of IN guardianships NNS shall MD be VB regulated VVN by IN the DT Code NP of IN Civil NP Procedure NN . SENT 2 CD Of IN Guardians NNS Art NN . SENT 397 RB The DT individual JJ right NN to TO select VV a DT guardian NN , , relative JJ or CC not RB , , belongs VVZ only RB to TO the DT last JJ dying VVG of IN the DT father NN and CC mother NN , , where WRB he PP or CC she PP has VHZ kept VVN , , on IN the DT day NN of IN death NN , , the DT exercise NN of IN statutory JJ administration NN or CC guardianship NN . SENT Art NN . SENT 398 CD That IN appointment NN may MD be VB made VVN only RB in IN the DT form NN of IN a DT will NN or CC of IN a DT special JJ declaration NN before IN a DT notaire NN . SENT Art NN . SENT 399 CD and CC 400 CD repealed VVN Art NN . SENT 401 CD A NP guardian NN selected VVN by IN the DT father NN or CC mother NN may MD not RB be VB compelled VVN to TO accept VV guardianship NN , , unless IN he PP is VBZ furthermore RB within IN the DT class NN of IN the DT persons NNS to TO whom WP , , failing VVG that DT special JJ selection NN , , the DT family NN council NN might MD have VH assign VV the DT duty NN thereof RB . SENT Art NN . SENT 402 CD Where WRB no DT guardian NN was VBD selected VVN by IN the DT last JJ dying VVG of IN the DT father NN and CC mother NN , , guardianship NN of IN a DT deleted VVN , , Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD child NN is VBZ conferred VVD on IN the DT one NN of IN the DT ascendants NNS who WP is VBZ of IN the DT closest JJS degree NN . SENT Art NN . SENT 403 CD In IN case NN of IN concurrence NN between IN ascendants NNS of IN the DT same JJ degree NN , , the DT family NN council NN shall MD designate VV the DT one NN among IN them PP who WP will MD be VB guardian NN . SENT Art NN . SENT 404 CD Where WRB there EX is VBZ neither DT testamentary JJ guardian NN nor CC ascendant JJ guardian NN , , or CC where WRB the DT one NN who WP was VBD designated VVN in IN that DT capacity NN happens VVZ to TO cease VV his PP$ office NN , , a DT guardian NN shall MD be VB given VVN to TO the DT minor JJ by IN the DT family NN council NN . SENT Art NN . SENT 405 CD That IN council NN shall MD be VB convened VVN by IN the DT judge NN of IN guardianships NNS , , either CC of IN his PP$ own JJ motion NN or CC on IN submission NN therefor RB made VVD to TO him PP by IN relatives NNS by IN blood NN or CC marriage NN of IN the DT father NN and CC mother NN , , creditors NNS or CC other JJ parties NNS concerned VVN or CC the DT Government NP procurator's NN office NN . SENT Any DT person NN may MD complain VV to TO the DT judge NN against IN the DT fact NN that WDT will MD give VV occasion NN to TO the DT appointment NN of IN a DT guardian NN . SENT Art NN . SENT 406 CD A NP guardian NN shall MD be VB designated VVN for IN the DT duration NN of IN a DT guardianship NN . SENT The DT family NN council NN may MD however RB provide VV for IN his PP$ replacement NN in IN the DT course NN of IN the DT guardianship NN where WRB serious JJ circumstances NNS so RB require VVP , , without IN prejudice NN to TO cases NNS of IN excuse NN , , incapacity NN or CC removal NN . SENT 3 CD Of IN Family NP Council NP Art NP . SENT 407 CD A NP family NN council NN is VBZ composed VVN of IN four CD to TO six CD members NNS , , including VVG the DT supervisory JJ guardian NN , , but CC not RB the DT guardian NN or CC the DT judge NN of IN guardianships NNS . SENT They PP shall MD be VB designated VVN by IN the DT judge NN for IN the DT duration NN of IN the DT guardianship NN . SENT The DT judge NN may MD , , however RB , , without IN prejudice NN to TO Articles NNS 428 CD and CC following VVG , , provide VV of IN his PP$ own JJ motion NN for IN the DT replacement NN of IN one CD or CC several JJ members NNS in IN the DT course NN of IN guardianship NN in IN order NN to TO respond VV to TO changes NNS which WDT may MD occur VV in IN the DT condition NN of IN the DT parties NNS . SENT Art NN . SENT 408 CD The DT judge NN of IN guardianships NNS shall MD select VV the DT members NNS of IN the DT family NN council NN among IN the DT relatives NNS by IN blood NN or CC marriage NN of IN the DT father NN and CC mother NN of IN the DT minor JJ , , in IN appraising VVG all PDT the DT circumstances NNS of IN the DT case NN . SENT nearness NN of IN degree NN , , place NN of IN residence NN , , ages NNS and CC abilities NNS of IN the DT parties NNS concerned VVN . SENT He PP must MD avoid VV , , as RB far RB as IN possible JJ , , leaving VVG one CD of IN the DT two CD lines NNS without IN representation NN . SENT But CC he PP shall MD have VH regard NN , , above IN all DT , , to TO the DT usual JJ relations NNS which WDT the DT father NN and CC mother NN had VHD with IN the DT various JJ relatives NNS by IN blood NN or CC marriage NN , , as RB well RB as IN to TO the DT interest NN that IN those DT relatives NNS have VHP shown VVN or CC appear VVP to TO be VB able JJ to TO show VV to TO the DT person NN of IN the DT child NN . SENT Art NN . SENT 409 CD The DT judge NN of IN guardianships NNS may MD also RB call VV upon RP , , to TO form VV part NN of IN the DT family NN council NN , , friends NNS , , neighbours NNS or CC any DT other JJ persons NNS whom WP he PP considers VVZ able JJ to TO take VV interest NN in IN the DT child NN . SENT Art NN . SENT 410 CD A NP family NN council NN is VBZ convened VVN by IN the DT judge NN of IN guardianships NNS . SENT It PP shall MD be VB so RB where WRB convening VVG is VBZ required VVN either RB by IN two CD of IN its PP$ members NNS , , or CC by IN the DT guardian NN or CC supervisory JJ guardian NN , , or CC by IN the DT minor NN himself PP provided VVD he PP is VBZ of IN the DT full JJ age NN of IN sixteen CD years NNS Act NP n NN 74 CD 631 CD of IN 5 CD July NP 1974 CD . SENT Act NP n NN 98 CD 381 CD of IN 14 CD May NP 1998 CD A DT family NN council NN shall MD also RB be VB convened VVN on IN the DT request NN of IN a DT minor JJ under IN sixteen CD and CC capable JJ of IN discernment NN , , unless IN otherwise RB decided VVN with IN particular JJ reasons NNS by IN the DT judge NN . SENT Art NN . SENT 411 CD Notice NN convening VVG a DT meeting NN must MD be VB served VVN at IN least JJS eight CD days NNS before IN the DT meeting NN . SENT Act NP n NN 98 CD 281 CD of IN 14 CD May NP 1998 CD Previously RB to TO that DT meeting NN , , the DT judge NN shall MD hold VV a DT hearing NN of IN the DT minor JJ capable JJ of IN discernment NN in IN the DT way NN provided VVD for IN in IN Article NP 388 CD 1 CD . SENT Art NN . SENT 412 CD Members NNS of IN the DT family NN council NN are VBP obliged VVN to TO attend VV meetings NNS in IN person NN . SENT Each DT one NN , , however RB , , may MD be VB represented VVN by IN a DT relative NN by IN blood NN or CC marriage NN of IN the DT father NN and CC mother NN of IN the DT minor JJ , , where WRB that DT relative NN is VBZ not RB already RB , , in IN his PP$ own JJ name NN , , a DT member NN of IN the DT family NN council NN . SENT A DT husband NN may MD represent VV his PP$ wife NN or CC reciprocally RB . SENT Members NNS of IN the DT family NN council NN who WP , , without IN a DT lawful JJ excuse NN , , are VBP neither RB present JJ nor CC validly RB represented VVD , , shall MD incur VV the DT fine NN provided VVD for IN by IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 413 CD Where WRB the DT judge NN of IN guardianships NNS considers VVZ that IN a DT judgment NN may MD be VB handed VVN down RP without IN the DT holding NN of IN a DT meeting NN being VBG necessary JJ , , he PP shall MD notify VV to TO each DT one NN of IN the DT members NNS of IN the DT council NN the DT text NN of IN the DT decision NN to TO be VB taken VVN with IN appropriate JJ clarifications NNS . SENT Each DT of IN the DT members NNS shall MD cast VV his PP$ vote NN by IN letter NN missive NN within IN the DT period NN fixed VVN to TO him PP by IN the DT judge NN . SENT failing VVG which WDT , , he PP shall MD incur VV the DT fine NN provided VVD for IN by IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 414 CD A NP family NN council NN may MD deliberate VV only RB where WRB at IN least JJS half NN of IN its PP$ members NNS are VBP present JJ or CC represented VVN . SENT Where WRB that DT number NN is VBZ not RB attained VVN , , the DT judge NN may MD , , either CC adjourn VV the DT meeting NN or CC , , in IN case NN of IN emergency NN , , take VV the DT decision NN himself PP . SENT Art NN . SENT 415 CD A NP family NN council NN is VBZ presided VVN over RP by IN the DT judge NN of IN guardianships NNS , , who WP is VBZ entitled VVN to TO vote VV with IN a DT casting VVG vote NN in IN case NN of IN a DT parity NN of IN votes NNS . SENT The DT guardian NN must MD attend VV the DT meetings NNS . SENT he PP is VBZ heard VVN but CC does VVZ not RB vote VV , , nor CC does VVZ the DT supervisory JJ guardian NN where WRB he PP represents VVZ the DT guardian NN . SENT Act NP n NN 98 CD 381 CD of IN 14 CD May NP 1998 CD A DT minor JJ capable JJ of IN discernment NN may MD , , where WRB the DT judge NN does VVZ not RB consider VV it PP contrary JJ to TO his PP$ welfare NN , , attend VV meetings NNS in IN an DT advisory JJ capacity NN . SENT A DT minor JJ over IN the DT full JJ age NN of IN sixteen CD must MD be VB called VVN where WRB the DT meeting NN was VBD convened VVN on IN his PP$ requisition NN . SENT In IN no DT case NN may MD his PP$ consent NN to TO a DT transaction NN discharge VV the DT guardian NN and CC the DT other JJ organs NNS of IN guardianship NN from IN their PP$ liabilities NNS . SENT Art NN . SENT 416 CD Resolutions NNS of IN a DT family NN council NN are VBP void NN where WRB they PP were VBD obtained VVN by IN fraud NN or CC deception NN , , or CC where WRB substantive JJ formalities NNS were VBD omitted VVN . SENT Invalidity NN is VBZ remedied VVN by IN a DT new JJ resolution NN equivalent NN to TO a DT confirmation NN under IN Article NP 1338 CD . SENT An DT action NN for IN annulment NN may MD be VB brought VVN by IN the DT guardian NN , , the DT supervisory JJ guardian NN , , members NNS of IN the DT family NN council NN or CC by IN the DT Government NP procurator's NN office NN , , within IN two CD years NNS following VVG the DT resolution NN , , as RB well RB as RB by IN the DT ward NN become VVN of IN age NN or CC emancipated VVD , , within IN two CD years NNS following VVG his PP$ coming VVG of IN age NN or CC his PP$ emancipation NN . SENT Prescription NN does VVZ not RB run VV where WRB there EX was VBD deception NN or CC fraud NN , , until IN the DT fact NN is VBZ discovered VVN . SENT Transactions NNS performed VVN under IN a DT nullified VVN resolution NN are VBP themselves PP voidable JJ in IN the DT same JJ manner NN . SENT The DT period NN , , however RB , , runs VVZ from IN the DT transaction NN and CC not RB from IN the DT resolution NN . SENT 4 CD Of IN the DT Other JJ Organs NNS of IN Guardianship NN Art NN . SENT 417 CD The DT family NN council NN , , having VHG regard NN to TO the DT abilities NNS of IN the DT persons NNS concerned VVN and CC the DT composition NN of IN the DT patrimony NN to TO be VB administered VVN , , may MD decide VV that IN the DT guardianship NN will MD be VB divided VVN between IN a DT guardian NN to TO the DT person NN and CC a DT guardian NN to TO the DT property NN , , or CC that IN the DT management NN of IN particular JJ property NN will MD be VB entrusted VVN to TO a DT deputy JJ guardian NN . SENT Guardians NNS so RB appointed VVN shall MD be VB independent JJ , , and CC not RB liable JJ to TO each DT other JJ , , in IN their PP$ respective JJ functions NNS , , unless IN otherwise RB ordered VVN by IN the DT family NN council NN . SENT Art NN . SENT 418 CD Guardianship NN is VBZ a DT personal JJ office NN . SENT It PP does VVZ not RB extend VV to TO a DT guardian's JJ spouse NN . SENT Where WRB , , however RB , , that DT spouse NN intrudes VVZ into IN the DT management NN of IN the DT ward's JJ patrimony NN , , he PP or CC she PP becomes VVZ jointly RB and CC severally RB liable JJ with IN the DT guardian NN for IN all DT management NN subsequent JJ to TO the DT intrusion NN . SENT Art NN . SENT 419 CD Guardianship NN does VVZ not RB extend VV to TO a DT guardian's JJ heirs NNS . SENT The DT latter NN are VBP liable JJ only RB for IN the DT management NN of IN their PP$ predecessor NN . SENT and CC , , where WRB they PP are VBP adults NNS , , they PP are VBP bound VVN to TO continue VV it PP until IN the DT appointment NN of IN a DT new JJ guardian NN . SENT Art NN . SENT 420 CD In IN every DT guardianship NN , , there EX shall MD be VB a DT supervisory JJ guardian NN , , appointed VVN by IN the DT family NN council NN among IN its PP$ members NNS . SENT The DT functions NNS of IN a DT supervisory JJ guardian NN consist VVP in IN the DT supervision NN of IN the DT management NN of IN the DT guardian NN and CC in IN representing VVG a DT minor NN where WRB his PP$ interests NNS conflict VVP with IN those DT of IN the DT guardian NN . SENT Where WRB he PP observes VVZ some DT mismanagement NN , , he PP must MD , , on IN pain NN of IN incurring VVG personal JJ liability NN , , immediately RB inform VV the DT judge NN of IN guardianships NNS of IN it PP . SENT Art NN . SENT 421 CD Where WRB a DT guardian NN intrudes VVZ into IN the DT management NN before IN the DT appointment NN of IN a DT supervisory JJ guardian NN , , he PP may MD be VB dismissed VVN from IN the DT guardianship NN , , if IN there EX was VBD fraud NN on IN his PP$ part NN , , without IN prejudice NN to TO compensation NN due JJ to TO the DT minor JJ . SENT Art NN . SENT 422 CD repealed VVN Art NN . SENT 423 CD Where WRB a DT guardian NN is VBZ a DT relative NN by IN blood NN or CC marriage NN of IN the DT minor JJ only RB in IN one CD line NN , , the DT supervisory JJ guardian NN shall MD be VB taken VVN , , as RB far RB as IN possible JJ , , from IN the DT other JJ line NN . SENT Art NN . SENT 424 CD A NP supervisory JJ guardian NN does VVZ not RB replace VV as RB of IN right RB a DT guardian NN who WP died VVD or CC became VVD under IN a DT disability NN , , or CC who WP disclaims VVZ the DT guardianship NN . SENT but CC he PP then RB shall MD , , on IN pain NN of IN damages NNS that WDT may MD result VV from IN it PP to TO the DT minor JJ , , seek VV the DT appointment NN of IN a DT new JJ guardian NN . SENT Art NN . SENT 425 CD The DT office NN of IN a DT supervisory JJ guardian NN comes VVZ to TO an DT end NN at IN the DT same JJ time NN as IN that DT of IN the DT guardian NN . SENT Art NN . SENT 426 CD A NP guardian NN may MD not RB seek VV the DT dismissal NN of IN a DT supervisory JJ guardian NN or CC vote NN in IN the DT family NN councils NNS that WDT are VBP convened VVN for IN that DT purpose NN . SENT 5 CD Of IN the DT Duties NNS of IN a DT Guardian NP Art NP . SENT 427 CD Guardianship NN , , a DT protection NN due JJ to TO a DT child NN , , is VBZ a DT public JJ office NN . SENT Art NN . SENT 428 CD Save NP the DT father NN and CC mother NN in IN the DT case NN of IN Article NP 391 CD , , persons NNS to TO whom WP age NN , , illness NN , , remoteness NN , , exceptionally RB absorbing VVG professional JJ or CC family NN activities NNS or CC a DT previous JJ guardianship NN render VV that DT new JJ office NN particularly RB heavy JJ , , may MD be VB dispensed VVN from IN guardianship NN . SENT Art NN . SENT 429 CD Save NP the DT father NN and CC mother NN , , may MD be VB discharged VVN from IN guardianship NN persons NNS who WP cannot NN continue VVP to TO perform VV it PP because IN of IN one CD of IN the DT causes NNS provided VVN for IN by IN the DT preceding JJ Article NN , , where WRB it PP occurred VVD since IN the DT appointment NN . SENT Art NN . SENT 430 CD and CC 431 CD repealed VVN Art NN . SENT 432 CD One NN who WP was VBD not RB a DT relative NN by IN blood NN or CC marriage NN of IN the DT father NN and CC mother NN of IN a DT minor NN may MD not RB be VB compelled VVN to TO accept VV a DT guardianship NN . SENT Art NN . SENT 433 CD Act NP n NN 89 CD 487 CD of IN 10 CD July NP 1989 CD Where WRB a DT guardianship NN remains VVZ vacant JJ , , the DT judge NN of IN guardianships NNS shall MD remit VV it PP to TO the DT State NN if IN it PP concerns VVZ an DT adult NN , , and CC to TO the DT Children's NP aid NN service NN if IN it PP concerns VVZ a DT minor JJ . SENT Art NN . SENT 434 CD Excuses NNS that WDT dispense VVP or CC discharge VV from IN a DT guardianship NN may MD be VB extended VVN to TO a DT supervisory JJ guardian NN and CC even RB to TO members NNS of IN the DT family NN council NN , , but CC only RB according VVG to TO the DT seriousness NN of IN the DT cause NN . SENT Art NN . SENT 435 CD and CC 436 CD repealed VVN Art NN . SENT 437 CD A NP family NN council NN shall MD rule VV on IN the DT excuses NNS of IN the DT guardian NN and CC the DT supervisory JJ guardian NN . SENT the DT judge NN of IN guardianships NNS on IN the DT excuses NNS offered VVN by IN members NNS of IN the DT family NN council NN . SENT Art NN . SENT 438 CD Where WRB an DT appointed VVN guardian NN is VBZ present JJ in IN person NN at IN the DT resolution NN which WDT remits VVZ guardianship NN to TO him PP , , he PP shall MD immediately RB , , and CC on IN pain NN of IN having VHG all DT subsequent JJ claims NNS declared VVD non JJ admissible JJ , , offer VV his PP$ excuses NNS on IN which WDT the DT family NN council NN shall MD deliberate VV . SENT Art NN . SENT 439 CD Where WRB he PP was VBD not RB present JJ in IN person NN , , he PP shall MD , , within IN eight CD days NNS of IN notice NN of IN appointment NN being VBG served VVN upon IN him PP , , have VHP the DT family NN council NN convened VVD to TO deliberate VV on IN his PP$ excuses NNS . SENT Art NN . SENT 440 CD Where WRB his PP$ excuses NNS are VBP rejected VVN , , he PP may MD make VV application NN to TO the DT tribunal NN de FW grande JJ instance NN to TO have VH them PP accepted VVN . SENT but CC he PP is VBZ bound VVN to TO administer VV temporarily RB pending VVG suit NN . SENT Art NN . SENT 441 CD The NP various JJ duties NNS of IN guardianship NN may MD be VB assumed VVN by IN any DT person NN , , without IN distinction NN of IN sex NN , , but CC with IN reservation NN of IN the DT causes NNS of IN incapacity NN , , exclusion NN , , dismissal NN or CC challenge NN expressed VVD below RB . SENT Art NN . SENT 442 RB Are VBP incapable JJ of IN the DT various JJ duties NNS of IN guardianship NN . SENT 1 CD Minors NP , , save VV the DT father NN or CC mother NN . SENT 2 CD Adults NNS under IN guardianship NN , , insane JJ persons NNS and CC adults NNS under IN curatorship NN . SENT Art NN . SENT 443 RB Are VBP excluded VVN or CC dismissed VVN by IN operation NN of IN law NN from IN the DT various JJ duties NNS of IN guardianship NN . SENT 1 LS Those DT who WP were VBD sentenced VVN to TO an DT afflictive JJ or CC infamous JJ punishment NN or CC to TO whom WP exercise NN of IN the DT duties NNS of IN guardianship NN was VBD forbidden VVN under IN Article NP 42 CD 131 CD 26 CD of IN the DT Penal JJ Code NP . SENT They PP may MD , , however RB , , be VB admitted VVN to TO the DT guardianship NN of IN their PP$ own JJ children NNS , , upon IN assent NN of IN the DT family NN council NN . SENT 2 LS Those DT who WP have VHP been VBN deprived VVN of IN parental JJ authority NN . SENT Art NN . SENT 444 CD May MD be VB excluded VVN or CC dismissed VVN from IN the DT various JJ duties NNS of IN guardianship NN people NNS of IN notorious JJ misconduct NN and CC those NNS whose WP$ improbity NN , , usual JJ negligence NN or CC inability NN for IN business NN has VHZ been VBN established VVN . SENT Art NN . SENT 445 RB Those DT who WP have VHP , , or CC whose WP$ father NN and CC mother NN have VHP with IN the DT minor JJ a DT controversy NN calling VVG into IN question NN the DT status NN of IN the DT latter NN or CC a DT significant JJ part NN of IN his PP$ property NN must MD resign VV and CC may MD be VB challenged VVN as RB to TO the DT various JJ duties NNS of IN guardianship NN . SENT Art NN . SENT 446 CD Where WRB a DT member NN of IN the DT family NN council NN is VBZ subject JJ to TO exclusion NN , , dismissal NN or CC challenge NN , , the DT judge NN of IN guardianships NNS shall MD decide VV himself PP , , either CC of IN his PP$ own JJ motion NN , , or CC on IN demand NN of IN the DT guardian NN , , of IN the DT supervisory JJ guardian NN or CC of IN the DT Government NP procurator's NN office NN . SENT Art NN . SENT 447 CD Where WRB a DT cause NN for IN exclusion NN , , dismissal NN or CC challenge NN relates VVZ to TO a DT guardian NN or CC a DT supervisory JJ guardian NN , , the DT family NN council NN shall MD decide VV . SENT It PP shall MD be VB convened VVN by IN the DT judge NN of IN guardianships NNS , , either CC of IN his PP$ own JJ motion NN , , or CC on IN demand NN made VVN by IN the DT persons NNS mentioned VVN in IN Article NP 410 CD or CC by IN the DT Government NP procurator's NN office NN . SENT Art NN . SENT 448 CD A NP guardian NN or CC supervisory JJ guardian NN may MD be VB excluded VVN , , dismissed VVN or CC challenged VVN only RB after IN being VBG heard VVN or CC summoned VVN . SENT Where WRB he PP accepts VVZ the DT resolution NN , , mention NN shall MD be VB made VVN thereof RB and CC a DT new JJ guardian NN or CC supervisory JJ guardian NN shall MD take VV office NN at IN once RB . SENT Where WRB he PP does VVZ not RB accept VV , , he PP may MD make VV an DT application NN to TO vacate VV under IN the DT rules NNS of IN the DT Code NP of IN Civil NP Procedure NN . SENT but CC the DT judge NN of IN guardianships NNS may MD , , if IN he PP considers VVZ that IN there EX is VBZ an DT emergency NN , , prescribe VVP forthwith RB interim JJ measures NNS for IN the DT welfare NN of IN the DT minor JJ . SENT Section NP III NP Of IN the DT Functioning NN of IN a DT Guardianship NN Art NN . SENT 449 CD A NP family NN council NN shall MD regulate VV the DT general JJ conditions NNS of IN support NN and CC education NN of IN the DT child NN , , having VHG regard NN to TO the DT intention NN which WDT the DT father NN and CC mother NN may MD have VH expressed VVN on IN this DT subject NN . SENT Art NN . SENT 450 CD A NP guardian NN shall MD take VV care NN of IN the DT person NN of IN the DT minor JJ and CC shall MD represent VV him PP in IN all DT civil JJ transactions NNS , , save VV the DT cases NNS where WRB the DT law NN or CC usage NN authorizes VVZ minors NNS to TO act VV for IN themselves PP . SENT He PP shall MD administer VV his PP$ property NN like IN a DT prudent JJ administrator NN and CC be VB liable JJ for IN the DT damages NNS that WDT would MD result VV from IN his PP$ mismanagement NN . SENT He PP may MD not RB buy VV the DT minor's JJ property NN or CC take VV it PP on IN lease NN for IN rent NN or CC farm NN lease NN , , unless IN the DT family NN council NN has VHZ authorized VVN the DT supervisory JJ guardian NN to TO make VV a DT lease NN with IN him PP , , or CC accept VV the DT assignment NN of IN any DT right NN or CC claim NN against IN his PP$ ward NN . SENT Art NN . SENT 451 CD A NP guardian NN shall MD administer VV and CC act VV in IN that DT capacity NN from IN the DT day NN of IN his PP$ appointment NN , , where WRB it PP was VBD made VVN in IN his PP$ presence NN . SENT otherwise RB , , from IN the DT day NN when WRB notice NN of IN it PP was VBD served VVN upon IN him PP . SENT Within IN the DT ten CD days NNS which WDT follow VVP , , he PP shall MD require VV the DT lifting NN of IN seals NNS , , if IN they PP were VBD affixed VVN , , and CC shall MD at IN once RB have VH an DT inventory NN of IN the DT minor's NNS property NN made VVD , , in IN the DT presence NN of IN the DT supervisory JJ guardian NN . SENT An DT office NN copy NN of IN that DT inventory NN shall MD be VB sent VVN to TO the DT judge NN of IN guardianships NNS . SENT Failing VVG an DT inventory NN within IN the DT prescribed JJ period NN , , the DT supervisory JJ guardian NN shall MD refer VV the DT matter NN to TO the DT judge NN of IN guardianships NNS for IN the DT purpose NN of IN its PP$ being VBG made VVN , , on IN pain NN of IN being VBG jointly RB and CC severally RB liable JJ with IN the DT guardian NN for IN all DT orders NNS rendered VVN in IN favour NN of IN the DT ward NN . SENT Default NN of IN inventory NN shall MD authorize VV the DT ward NN to TO make VV proof NN of IN the DT value NN and CC composition NN of IN his PP$ property NN by IN any DT means NNS , , even RB common JJ repute VV . SENT Where WRB a DT minor JJ owes VVZ something NN to TO the DT guardian NN , , the DT latter NN shall MD so RB declare VV in IN the DT inventory NN , , on IN pain NN of IN forfeiture NN , , on IN the DT demand NN that IN the DT public JJ officer NN is VBZ required VVN to TO make VV to TO him PP , , and CC mention VV of IN which WDT shall MD be VB made VVN in IN the DT memorandum NN . SENT Art NN . SENT 452 CD Within IN the DT three CD months NNS which WDT follow VVP the DT initiating VVG of IN a DT guardianship NN , , a DT guardian NN shall MD convert VV into IN registered JJ securities NNS or CC deposit VV all PDT the DT bearer NN securities NNS belonging VVG to TO the DT minor JJ into IN an DT account NN opened VVD in IN the DT name NN of IN the DT minor JJ and CC mentioning VVG the DT minority NN , , with IN a DT depositary NN accredited VVN by IN the DT Government NN to TO receive VV funds NNS and CC securities NNS of IN wards NNS , , unless IN he PP is VBZ authorized VVN to TO sell VV them PP as RB provided VVD for IN in IN Articles NNS 457 CD and CC 468 CD . SENT He PP shall MD similarly RB , , and CC under IN the DT same JJ reservation NN , , convert VV into IN registered JJ securities NNS or CC deposit NN with IN an DT accredited VVN depositary NN the DT bearer NN securities NNS that IN the DT minor NN receives VVZ afterwards RB , , in IN whatever WDT manner NN , , within IN the DT same JJ period NN of IN three CD months NNS after IN the DT entry NN into IN possession NN . SENT He PP may MD not RB withdraw VV the DT bearer NN securities NNS deposited VVD as RB provided VVN for IN in IN the DT preceding JJ paragraphs NNS , , or CC convert VV registered JJ securities NNS into IN bearer NN securities NNS , , unless IN conversion NN is VBZ made VVN through IN a DT depositary NN accredited VVN by IN the DT Government NN The DT family NN council NN may MD , , if IN necessary JJ , , fix VV a DT longer JJR period NN for IN the DT performance NN of IN such JJ operations NNS . SENT Art NN . SENT 453 CD A NP guardian NN may MD give VV a DT receipt NN for IN funds NNS which WDT he PP receives VVZ for IN the DT account NN of IN the DT ward NN only RB with IN the DT counter JJ signature NN of IN the DT supervisory JJ guardian NN Those DT funds NNS shall MD be VB deposited VVN by IN him PP into IN an DT account NN opened VVD in IN the DT name NN of IN the DT minor JJ and CC mentioning VVG the DT minority NN , , with IN a DT depositary NN accredited VVN by IN the DT Government NN to TO receive VV funds NNS and CC securities NNS of IN wards NNS . SENT Deposit NN is VBZ to TO be VB made VVN within IN the DT period NN of IN one CD month NN after IN the DT receiving NN of IN funds NNS . SENT where WRB that DT period NN elapses VVZ , , the DT guardian NN is VBZ , , as RB of IN right NN , , debtor NN for IN the DT interests NNS . SENT Art NN . SENT 454 CD On IN the DT initiating VVG of IN a DT guardianship NN , , the DT family NN council NN shall MD determine VV at IN a DT roof NN estimate NN , , and CC according VVG to TO the DT importance NN of IN the DT property NN managed VVD , , the DT sum NN annually RB available JJ for IN the DT support NN and CC education NN of IN the DT ward NN , , the DT expenses NNS of IN administration NN of IN his PP$ property NN , , as RB well RB as IN possibly RB the DT allowance NN that WDT may MD be VB granted VVN to TO the DT guardian NN . SENT The DT same JJ resolution NN shall MD specify VV whether IN the DT guardian NN is VBZ authorized VVN to TO put VV on IN the DT account NN the DT salaries NNS of IN particulars NNS administrators NNS or CC agents NNS for IN whose WP$ assistance NN he PP may MD ask VV , , under IN his PP$ own JJ responsibility NN . SENT The DT family NN council NN may MD also RB authorize VV the DT guardian NN to TO make VV a DT contract NN for IN the DT management NN of IN the DT marketable JJ securities NNS of IN the DT ward NN . SENT The DT resolution NN shall MD designate VV the DT contracting NN third JJ party NN having VHG regard NN to TO his PP$ solvency NN and CC professional JJ experience NN , , and CC specify VV the DT terms NNS of IN the DT contract NN . SENT Notwithstanding IN any DT stipulation NN to TO the DT contrary NN , , the DT contract NN may MD , , at IN any DT time NN , , be VB terminated VVN in IN the DT name NN of IN the DT ward NN . SENT Art NN . SENT 455 CD A NP family NN council NN shall MD determine VV the DT sum NN at IN which WDT shall MD begin VV for IN the DT guardian NN the DT responsibility NN to TO reinvest VV the DT liquid JJ capital NN of IN the DT minor JJ , , as RB well RB as IN the DT surplus NN of IN the DT income NN . SENT That DT reinvestment NN shall MD be VB made VVN within IN a DT period NN of IN six CD months NNS , , save VV extension NN by IN the DT family NN council NN . SENT Where WRB that DT period NN elapses VVZ , , the DT guardian NN is VBZ as RB of IN right RB accountable JJ for IN the DT interests NNS . SENT The DT nature NN of IN the DT property NN that WDT may MD be VB acquired VVN in IN reinvestment NN shall MD be VB determined VVN by IN the DT family NN council NN , , either CC in IN advance NN , , or CC on IN the DT occasion NN of IN each DT transaction NN . SENT In IN any DT case NN , , third JJ parties NNS shall MD not RB be VB guarantors NNS of IN the DT reinvestment NN . SENT Art NN . SENT 456 CD As IN a DT representative NN of IN a DT minor JJ , , a DT guardian NN shall MD perform VV all DT acts NNS of IN administration NN alone RB . SENT He PP may MD thus RB transfer VV , , for IN value NN , , movables NNS of IN current JJ use NN and CC property NN having VHG character NN of IN profits NNS . SENT Leases NNS agreed VVD to TO by IN a DT guardian NN do VVP not RB confer VV on IN the DT lessee NN , , against IN a DT minor JJ become VVN of IN age NN , , any DT right NN to TO renewal NN or CC any DT right NN to TO remain VV on IN the DT premises NNS at IN the DT expiry NN of IN the DT lease NN , , notwithstanding IN any DT statutory JJ provision NN to TO the DT contrary NN . SENT Those DT provisions NNS , , however RB , , shall MD not RB apply VV to TO leases NNS granted VVN before IN the DT instituting VVG of IN the DT guardianship NN and CC renewed VVN by IN the DT guardian NN . SENT Transactions NNS which WDT , , for IN the DT management NN of IN the DT marketable JJ securities NNS of IN the DT ward NN , , must MD be VB deemed VVN acts NNS of IN administration NN entering VVG into IN the DT responsibilities NNS and CC powers NNS , , either CC of IN statutory JJ administrators NNS and CC guardians NNS , , or CC of IN accredited VVN depositaries NNS , , shall MD be VB determined VVN by IN decree NN in IN Conseil NP d SYM tat NN . SENT Art NN . SENT 457 CD A NP guardian NN may MD not RB , , without IN being VBG thereto RB authorized VVN by IN the DT family NN council NN , , make VV transfers NNS in IN the DT name NN of IN the DT minor JJ . SENT Without IN that DT authorization NN , , he PP may MD not RB , , in IN particular JJ , , borrow VV for IN the DT ward NN , , or CC dispose VV of IN or CC encumber VV with IN real JJ rights NNS immovables NNS , , business NN concerns NNS , , marketable JJ securities NNS and CC other JJ incorporeal JJ rights NNS , , or CC movables NNS which WDT are VBP precious JJ or CC constitute VV an DT important JJ part NN of IN the DT ward's JJ patrimony NN . SENT Art NN . SENT 458 CD In IN giving VVG its PP$ authorization NN , , a DT family NN council NN may MD prescribe VV all DT steps NNS it PP considers VVZ appropriate JJ , , in IN particular JJ as RB to TO the DT reinvestment NN of IN the DT funds NNS . SENT Art NN . SENT 459 CD A DT sale NN of IN immovables NNS and CC business NN concerns NNS that WDT belong VVP to TO a DT minor NN shall MD be VB done VVN publicly RB by IN auction NN , , in IN the DT presence NN of IN the DT supervisory JJ guardian NN , , subject JJ to TO the DT conditions NNS laid VVN down RP by IN Articles NNS 953 CD and CC following VVG of IN the DT Code NP of IN Civil NP Procedure NN Articles NNS 1271 CD and CC following VVG of IN the DT new JJ Code NP of IN Civil NP Procedure NN . SENT A DT family NN council NN may MD , , however RB , , authorize VV an DT amicable JJ sale NN , , either CC by IN public JJ auction NN with IN an DT opening NN bid VVD it PP shall MD fix VV , , or CC by IN private JJ agreement NN , , at IN prices NNS and CC terms NNS it PP shall MD determine VV . SENT In IN case NN of IN amicable JJ auction NN , , an DT outbidding VVG may MD always RB be VB made VVN , , as RB provided VVN for IN in IN the DT Code NP of IN Civil NP Procedure NN . SENT A DT contribution NN to TO a DT partnership NN of IN an DT immovable JJ or CC business NN concern NN may MD take VV place NN by IN private JJ agreement NN It PP must MD be VB authorized VVN by IN the DT family NN council NN on IN the DT report NN of IN an DT expert NN whom WP the DT judge NN of IN guardianships NNS shall MD designate VV . SENT Marketable JJ securities NNS registered VVN on IN an DT official JJ list NN shall MD be VB sold VVN through IN the DT agency NN of IN a DT stockbroker NN a DT broker NN dealer NN . SENT Other JJ marketable JJ securities NNS shall MD be VB sold VVN by IN auction NN through IN the DT agency NN of IN a DT stockbroker NN a DT broker NN dealer NN or CC a DT notaire NN designated VVN in IN the DT resolution NN which WDT authorizes VVZ the DT sale NN . SENT The DT family NN council NN may MD , , however RB , , on IN the DT report NN of IN an DT expert NN designated VVN by IN the DT judge NN of IN guardianships NNS , , authorize VV the DT sale NN of IN it PP by IN private JJ agreement NN at IN prices NNS and CC under IN terms NNS it PP shall MD determine VV . SENT Art NN . SENT 460 CD The DT authorization NN required VVN by IN Article NP 457 CD for IN the DT transfer NN of IN property NN of IN a DT minor NN shall MD not RB apply VV where WRB a DT judgment NN has VHZ ordered VVN a DT sale NN by IN auction NN on IN request NN of IN a DT co NP owner NN of IN the DT property NN held VVD undivided JJ . SENT Art NN . SENT 461 CD A NP guardian NN may MD accept VV a DT succession NN accruing VVG to TO a DT minor JJ only RB under IN benefit NN of IN inventory NN . SENT The DT family NN council NN may MD , , however RB , , by IN a DT special JJ resolution NN , , authorize VV him PP to TO accept VV it PP unconditionally RB where WRB the DT assets NNS manifestly RB exceed VVP the DT liabilities NNS . SENT A DT guardian NN may MD not RB repudiate VV a DT succession NN accruing VVG to TO a DT minor JJ without IN an DT authorization NN of IN the DT family NN council NN . SENT Art NN . SENT 462 CD In IN case NN the DT succession NN repudiated VVN in IN the DT name NN of IN a DT minor NN has VHZ not RB been VBN accepted VVN by IN any DT one NN else RB , , it PP may MD be VB retaken VVN , , either CC by IN the DT guardian NN authorized VVD for IN that DT purpose NN by IN a DT new JJ resolution NN of IN the DT family NN council NN , , or CC by IN the DT minor JJ when WRB he PP has VHZ come VVN of IN age NN . SENT but CC in IN the DT condition NN in IN which WDT it PP is VBZ at IN the DT time NN it PP is VBZ retaken VVN and CC without IN any DT possibility NN of IN review NN of IN the DT sales NNS and CC other JJ transactions NNS lawfully RB performed VVN during IN the DT vacancy NN . SENT Art NN . SENT 463 CD A NP guardian NN may MD accept VV without IN authorization NN gifts NNS and CC specific JJ legacies NNS accruing VVG to TO the DT ward NN , , unless IN they PP are VBP encumbered VVN with IN charges NNS . SENT Art NN . SENT 464 CD A NP guardian NN may MD , , without IN authorization NN , , lodge VV a DT claim NN relating VVG to TO patrimonial JJ rights NNS of IN the DT minor JJ . SENT He PP may MD likewise RB abandon VV the DT proceedings NNS . SENT The DT family NN council NN may MD enjoin VV him PP to TO initiate VV an DT action NN , , to TO abandon VV it PP , , or CC to TO make VV offers NNS for IN the DT purpose NN of IN abandonment NN , , on IN pain NN of IN being VBG liable JJ . SENT A DT guardian NN may MD defend VV alone RB an DT action NN brought VVN against IN the DT minor JJ , , but CC he PP may MD acquiesce VV in IN it PP only RB with IN the DT authorization NN of IN the DT family NN council NN . SENT An DT authorization NN of IN the DT family NN council NN is VBZ always RB required VVN for IN actions NNS relating VVG to TO non JJ patrimonial JJ rights NNS . SENT Art NN . SENT 465 CD A NP guardian NN may MD not RB , , without IN an DT authorization NN of IN the DT family NN council NN , , file VV an DT application NN for IN partition NN in IN the DT name NN of IN the DT minor JJ . SENT but CC he PP may MD , , without IN that DT authorization NN , , reply VV to TO an DT application NN for IN partition NN brought VVN against IN the DT minor JJ or CC join VV in IN a DT collective JJ petition NN for IN the DT purpose NN of IN partition NN , , lodged VVN by IN all PDT the DT parties NNS concerned VVN under IN Article NP 822 CD . SENT Art NN . SENT 466 CD In IN order NN to TO produce VV with IN regard NN to TO a DT minor JJ the DT same JJ full JJ effect NN as IN it PP would MD do VV between IN adults NNS , , a DT partition NN must MD be VB made VVN in IN court NN , , in IN accordance NN with IN the DT provisions NNS of IN Articles NNS 815 CD and CC following VVG . SENT The DT family NN council NN may MD , , however RB , , authorize VV an DT amicable JJ partition NN , , even RB partial JJ . SENT In IN that DT case NN , , it PP shall MD designate VV a DT notaire NN to TO proceed VV thereto RB . SENT The DT statement NN of IN liquidation NN , , to TO which WDT shall MD be VB attached VVN the DT resolution NN of IN the DT family NN council NN , , must MD be VB submitted VVN to TO the DT approval NN of IN the DT tribunal NN de FW grande JJ instance NN . SENT Any DT other JJ partition NN shall MD be VB considered VVN as IN only RB provisional JJ . SENT Art NN . SENT 467 CD A NP guardian NN may MD compromise VV in IN the DT name NN of IN the DT minor JJ only RB after IN having VHG the DT family NN council NN approve VV the DT terms NNS of IN the DT compromise NN . SENT Art NN . SENT 468 CD In IN all DT cases NNS where WRB the DT authorization NN of IN the DT family NN council NN is VBZ required VVN for IN the DT validity NN of IN an DT act NN of IN the DT guardian NN , , it PP may MD be VB substituted VVN by IN that DT of IN the DT judge NN of IN guardianships NNS , , where WRB the DT act NN to TO be VB made VVN involves VVZ property NN the DT capital NN value NN of IN which WDT does VVZ not RB exceed VV a DT sum NN that WDT is VBZ fixed VVN by IN decree NN 1 CD . SENT The DT judge NN of IN guardianships NNS may MD also RB , , on IN request NN of IN a DT guardian NN , , authorize VV a DT sale NN of IN marketable JJ securities NNS instead RB and CC in IN place NN of IN the DT family NN council NN where WRB it PP appears VVZ to TO him PP that IN there EX would MD be VB danger NN in IN delay NN , , but CC on IN condition NN that IN a DT report NN be VB made VVN as RB soon RB as RB possible JJ to TO the DT family NN council NN which WDT will MD decide VV on IN the DT reinvestment NN . SENT 1 CD D NP . SENT n NN 65 CD 961 CD of IN 5 CD Nov NP . SENT 1965 CD . SENT 1000 CD 000 CD F NN 15 CD 300 CD Section NP IV NP Of IN the DT Accounts NNS of IN Guardianship NN and CC Of IN Liabilities NNS Art NN . SENT 469 CD Every DT guardian NN is VBZ accountable JJ for IN his PP$ management NN when WRB it PP comes VVZ to TO an DT end NN . SENT Art NN . SENT 470 CD Before IN the DT end NN of IN a DT guardianship NN , , a DT guardian NN is VBZ bound VVN to TO deliver VV each DT year NN to TO the DT supervisory JJ guardian NN an DT account NN of IN management NN . SENT That DT account NN shall MD be VB written VVN and CC delivered VVN without IN cost NN , , on IN unstamped JJ paper NN . SENT Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 RB The DT supervisory JJ guardian NN shall MD transmit VV the DT account NN with IN his PP$ comments NNS to TO the DT clerk NN in IN chief JJ of IN the DT tribunal NN d'instance NN who WP may MD ask VV him PP any DT information NN . SENT In IN case NN of IN difficulty NN , , the DT clerk NN in IN chief NN shall MD report VV to TO the DT judge NN of IN guardianships NNS who WP may MD convene VV the DT family NN council NN , , without IN prejudice NN to TO the DT power NN of IN the DT judge NN to TO get VV communication NN of IN the DT account NN and CC supervise VV it PP at IN any DT time NN . SENT Where WRB a DT minor JJ reaches VVZ the DT full JJ age NN of IN sixteen CD years NNS Act NP n NN 74 CD 631 CD of IN 5 CD July NP 1974 CD , , the DT judge NN of IN guardianships NNS may MD decide VV that IN the DT account NN shall MD be VB communicated VVN to TO him PP . SENT Art NN . SENT 471 CD Within IN the DT three CD months NNS following VVG the DT end NN of IN a DT guardianship NN , , a DT final JJ account NN shall MD be VB rendered VVN , , either CC to TO the DT minor JJ himself PP , , having VHG become VVN of IN age NN or CC emancipated VVD , , or CC to TO his PP$ heirs NNS . SENT The DT guardian NN shall MD advance VV the DT costs NNS of IN it PP . SENT they PP shall MD be VB charged VVN to TO the DT ward NN . SENT A DT guardian NN must MD be VB allowed VVN therein RB all DT expenses NNS sufficiently RB warranted VVN and CC made VVN for IN a DT useful JJ purpose NN . SENT Where WRB a DT guardian NN happens VVZ to TO cease VV his PP$ functions NNS before IN the DT end NN of IN the DT guardianship NN , , he PP shall MD render VV a DT recapitulatory JJ account NN of IN his PP$ management NN to TO the DT new JJ guardian NN who WP may MD accept VV it PP only RB with IN the DT authorization NN of IN the DT family NN council NN , , upon IN the DT comments NNS of IN the DT supervisory JJ guardian NN . SENT Art NN . SENT 472 CD A NP minor JJ come VVN of IN age NN or CC emancipated VVD may MD approve VV an DT account NN of IN guardianship NN only RB one CD month NN after IN the DT guardian NN gave VVD it PP to TO him PP , , against IN a DT receipt NN , , with IN supporting VVG documents NNS . SENT An DT approval NN given VVN before IN the DT end NN of IN the DT period NN is VBZ void JJ . SENT Also RB void NN is VBZ any DT agreement NN entered VVD into IN between IN the DT ward NN , , become VVN of IN age NN or CC emancipated VVD , , and CC him PP who WP was VBD his PP$ guardian NN where WRB it PP has VHZ the DT effect NN of IN releasing VVG the DT latter NN , , in IN whole NN or CC in IN part NN , , from IN his PP$ obligation NN to TO render VV account NN . SENT Where WRB an DT account NN gives VVZ rise VV to TO controversies NNS , , they PP shall MD be VB prosecuted VVN and CC adjudged VVN as IN provided VVN for IN in IN the DT Title NP Of IN Accounting NP of IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 473 CD Approval NN of IN an DT account NN does VVZ not RB prejudice NN actions NNS for IN compensation NN that WDT may MD belong VV to TO a DT ward NN against IN a DT guardian NN or CC other JJ organs NNS of IN the DT guardianship NN . SENT The DT State NP is VBZ alone RB liable JJ with IN regard NN to TO the DT ward NN , , save VV its PP$ action NN of IN recourse NN if IN there EX is VBZ occasion NN , , for IN damage NN resulting VVG from IN whatever WDT fault NN committed VVN in IN the DT functioning NN of IN the DT guardianship NN , , either CC by IN the DT judge NN of IN guardianships NNS or CC his PP$ clerk NN , , or CC by IN the DT clerk NN in IN chief JJ of IN the DT tribunal NN d'instance NP Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 CD , , or CC by IN the DT public JJ administrator NN in IN charge NN of IN a DT vacant JJ guardianship NN under IN Article NP 433 CD . SENT An DT action NN for IN damages NNS by IN the DT ward NN against IN the DT State NN shall MD be VB brought VVN in IN all DT cases NNS before IN the DT tribunal NN de FW grande JJ instance NN . SENT Art NN . SENT 474 CD The DT sum NN to TO which WDT the DT balance NN due JJ by IN the DT guardian NN may MD amount VV bears NNS interest NN by IN operation NN of IN law NN from IN the DT approval NN of IN the DT account NN and CC , , at IN the DT latest JJS , , three CD months NNS after IN the DT end NN of IN the DT guardianship NN . SENT Interests NNS on IN what WP may MD be VB due JJ to TO the DT guardian NN by IN the DT minor JJ run NN only RB from IN the DT day NN of IN demand NN for IN payment NN which WDT followed VVD the DT approval NN of IN the DT account NN . SENT Art NN . SENT 475 CD Any DT action NN by IN the DT minor JJ against IN a DT guardian NN , , organs NNS of IN the DT guardianship NN or CC the DT State NP relating VVG to TO guardianship NN matters NNS is VBZ time NN barred VVN after IN five CD years NNS , , counting VVG from IN majority NN , , even RB where WRB there EX has VHZ been VBN emancipation NN . SENT CHAPTER NN III NP OF IN EMANCIPATION NN Act NP n NN 64 CD 123 CD of IN 14 CD Dec NP . SENT 1964 CD Art NN . SENT 476 CD Act NP n NN 74 CD 631 CD of IN 5 CD July NP 1974 CD A DT minor NN is VBZ emancipated VVN as IN a DT matter NN of IN right NN by IN marriage NN . SENT Art NN . SENT 477 CD Act NP n NN 74 CD 631 CD of IN 5 CD July NP 1974 CD A DT minor JJ , , even RB unmarried JJ , , may MD be VB emancipated VVN when WRB he PP has VHZ reached VVN the DT full JJ age NN of IN sixteen CD years NNS . SENT After IN the DT minor NN has VHZ been VBN heard VVN Act NP n NN 93 CD 22 CD of IN 8 CD Jan NP . SENT 1993 CD , , that DT emancipation NN shall MD be VB pronounced VVN , , if IN there EX are VBP proper JJ reasons NNS , , by IN the DT judge NN of IN guardianships NNS , , on IN request NN of IN the DT father NN and CC mother NN or CC of IN one CD of IN them PP . SENT Where WRB the DT request NN is VBZ filed VVN by IN only RB one CD parent NN , , the DT judge NN shall MD decide VV after IN hearing VVG the DT other JJ , , unless IN the DT latter NN is VBZ unable JJ to TO express VV his PP$ or CC her PP$ intention NN . SENT Art NN . SENT 478 CD Act NP n NN 74 CD 631 CD of IN 5 CD July NP 1974 CD A DT minor JJ left NN without IN father NN and CC mother NN may MD in IN the DT same JJ manner NN be VB emancipated VVN on IN request NN of IN the DT family NN council NN . SENT Art NN . SENT 479 CD Where WRB , , in IN the DT case NN of IN the DT preceding JJ Article NN , , the DT guardian NN having VHG taken VVN no DT step NN , , a DT member NN of IN the DT family NN council NN is VBZ of IN opinion NN that IN the DT minor NN can MD be VB emancipated VVN , , he PP may MD require VV the DT judge NN of IN guardianships NNS to TO convene VV the DT council NN in IN order NN to TO consider VV the DT matter NN . SENT The DT minor JJ himself PP may MD request VV that IN convening VVG . SENT Art NN . SENT 480 CD The DT account NN of IN the DT administration NN or CC guardianship NN , , as IN the DT case NN may MD be VB , , is VBZ rendered VVN to TO an DT emancipated VVN minor JJ in IN the DT way NN provided VVD for IN in IN Article NP 471 CD . SENT Art NN . SENT 481 RB An DT emancipated VVN minor NN is VBZ capable JJ , , like IN an DT adult NN , , of IN all DT transactions NNS of IN civil JJ life NN . SENT He PP must MD however RB , , in IN order NN to TO marry VV or CC give VV himself PP in IN adoption NN , , comply VV with IN the DT same JJ rules NNS as IN if IN he PP was VBD not RB emancipated VVN . SENT Art NN . SENT 482 RB An DT emancipated VVN minor NN ceases VVZ to TO be VB under IN the DT authority NN of IN his PP$ father NN and CC mother NN . SENT The DT latter NN are VBP not RB liable JJ as IN of IN right NN , , in IN their PP$ sole JJ capacity NN as IN father NN or CC mother NN , , for IN damage NN that IN he PP may MD cause VV to TO others NNS after IN his PP$ emancipation NN . SENT Art NN . SENT 483 CD to TO 486 CD repealed VVN Art NN . SENT 487 CD Act NP n NN 74 CD 631 CD of IN 5 CD July NP 1974 CD An DT emancipated VVN minor NN may MD not RB be VB a DT merchant NN . SENT TITLE NN XI NN OF IN MAJORITY NN AND CC OF IN ADULTS NNS WHO WP ARE VBP PROTECTED VVN BY IN THE DT LAW NP Act NP n NN 68 CD 5 CD of IN 3 CD Jan NP . SENT 1968 CD CHAPTER NN I NP GENERAL NP PROVISIONS NNS Art NN . SENT 488 CD Act NP n NN 74 CD 631 CD of IN 5 CD July NP 1974 CD Majority NP is VBZ fixed VVN at IN the DT full JJ age NN of IN eighteen CD years NNS . SENT at IN that DT age NN one NN is VBZ capable JJ of IN all PDT the DT transactions NNS of IN civil JJ life NN . SENT Nevertheless RB , , an DT adult NN whom WP an DT impairing VVG of IN his PP$ personal JJ faculties NNS places NNS in IN the DT impossibility NN of IN providing VVG alone RB for IN his PP$ interests NNS is VBZ protected VVN by IN the DT law NN , , either CC on IN the DT occasion NN of IN a DT specific JJ transaction NN , , or CC in IN a DT continuous JJ manner NN . SENT May MD be VB likewise RB protected VVN an DT adult NN who WP , , because IN of IN his PP$ prodigality NN , , insobriety NN or CC idleness NN , , is VBZ in IN danger NN to TO fall VV into IN need NN or CC compromises VVZ the DT fulfilment NN of IN his PP$ family NN obligations NNS . SENT Art NN . SENT 489 CD In IN order NN to TO enter VV into IN a DT valid JJ transaction NN , , it PP is VBZ necessary JJ to TO be VB of IN sound JJ mind NN . SENT But CC it PP is VBZ for IN those DT who WP seek VVP annulment NN on IN that DT ground NN to TO prove VV the DT existence NN of IN a DT mental JJ disorder NN at IN the DT time NN of IN the DT transaction NN . SENT During IN the DT lifetime NN of IN an DT individual NN , , an DT action NN for IN annulment NN may MD be VB brought VVN only RB by IN him PP , , or CC by IN his PP$ guardian NN or CC curator NN , , where WRB one CD of IN them PP was VBD appointed VVN for IN him PP afterwards RB . SENT It PP is VBZ time NN barred VVN after IN the DT period NN provided VVD for IN in IN Article NP 1304 CD . SENT Art NN . SENT 489 CD 1 CD After IN his PP$ death NN , , transactions NNS entered VVD into IN by IN an DT individual JJ , , other JJ than IN a DT gift NN inter VV vivos NNS or CC a DT will NN , , may MD be VB contested VVN on IN the DT ground NN provided VVD for IN in IN the DT preceding JJ Article NN only RB in IN the DT cases NNS listed VVN below IN . SENT 1 CD Where WRB a DT transaction NN in IN itself PP discloses VVZ proof NN of IN a DT mental JJ disorder NN . SENT 2 CD Where WRB it PP was VBD entered VVN into IN in IN a DT time NN when WRB the DT individual NN was VBD placed VVN under IN judicial JJ supervision NN . SENT 3 CD Where WRB a DT petition NN was VBD initiated VVN before IN the DT death NN in IN order NN to TO have VH a DT guardianship NN or CC curatorship NN opened VVD . SENT Art NN . SENT 489 CD 2 CD A DT person NN who WP has VHZ caused VVN damage NN to TO another DT when WRB he PP was VBD under IN the DT influence NN of IN a DT mental JJ disorder NN is VBZ nonetheless RB liable JJ to TO compensation NN . SENT Art NN . SENT 490 CD Where WRB mental JJ faculties NNS are VBP disordered VVN by IN an DT illness NN , , an DT infirmity NN or CC feebleness NN due JJ to TO age NN , , the DT interests NNS of IN the DT person NN are VBP safeguarded VVN by IN one CD of IN the DT systems NNS of IN protection NN provided VVN for IN in IN the DT following VVG Chapters NNS . SENT The DT same JJ systems NNS of IN protection NN apply VV to TO the DT impairing VVG of IN bodily JJ faculties NNS if IN it PP prevents VVZ the DT expression NN of IN intention NN . SENT An DT impairing VVG of IN mental JJ or CC bodily JJ faculties NNS must MD be VB medically RB established VVN . SENT Art NN . SENT 490 CD 1 CD The DT methods NNS of IN medical JJ treatment NN , , in IN particular JJ as RB to TO the DT choice NN between IN hospitalisation NN and CC care NN at IN home NN , , are VBP independent JJ of IN the DT system NN of IN protection NN relating VVG to TO civil JJ interests NNS . SENT Reciprocally RB , , the DT system NN relating VVG to TO civil JJ interests NNS is VBZ independent JJ of IN the DT medical JJ treatment NN . SENT Nevertheless RB , , judgments NNS by IN which WDT the DT judge NN of IN guardianships NNS organizes VVZ the DT protection NN of IN civil JJ interests NNS must MD be VB preceded VVN by IN an DT advice NN of IN the DT attending VVG physician NN . SENT Art NN . SENT 490 CD 2 CD Whatever WDT the DT system NN of IN protection NN applicable JJ may MD be VB , , the DT lodging NN of IN the DT protected VVN person NN and CC the DT furniture NN with IN which WDT it PP is VBZ equipped VVN must MD be VB kept VVN at IN his PP$ disposal NN as RB long RB as IN it PP is VBZ possible JJ . SENT Power NN of IN administration NN , , as RB regards VVZ that DT property NN , , allows VVZ only JJ agreements NNS for IN precarious JJ enjoyment NN , , which WDT shall MD cease VV from IN the DT return NN of IN the DT protected JJ person NN , , despite IN any DT provision NN or CC stipulation NN to TO the DT contrary NN . SENT Where WRB it PP becomes VVZ necessary JJ or CC it PP is VBZ in IN the DT interest NN of IN the DT protected VVN person NN to TO dispose VV of IN rights NNS relating VVG to TO lodging NN or CC to TO transfer VV the DT furniture NN , , the DT transaction NN must MD be VB approved VVN by IN the DT judge NN of IN guardianships NNS , , after IN advice NN of IN the DT attending VVG physician NN , , without IN prejudice NN to TO the DT other JJ formalities NNS which WDT the DT nature NN of IN the DT property NN may MD require VV . SENT Souvenirs NNS and CC other JJ objects NNS of IN a DT personal JJ character NN must MD always RB be VB excepted VVN from IN transfer NN and CC kept VVD at IN the DT disposal NN of IN the DT protected JJ person NN , , where WRB appropriate JJ , , thanks NNS to TO the DT institution NN of IN treatment NN . SENT Art NN . SENT 490 CD 3 CD The DT Government NN procurator NN of IN the DT place NN of IN treatment NN and CC the DT judge NN of IN guardianships NNS may MD visit VV or CC cause VV to TO be VB visited VVN adults NNS protected VVN by IN law NN , , whatever WDT the DT system NN of IN protection NN applicable JJ to TO them PP may MD be VB . SENT CHAPTER NN II NP OF IN ADULTS NNS UNDER IN JUDICIAL JJ SUPERVISION NN Art NN . SENT 491 CD An DT adult NN who WP , , for IN one CD of IN the DT causes NNS provided VVN for IN in IN Article NP 490 CD , , needs VVZ to TO be VB protected VVN in IN the DT transactions NNS of IN civil JJ life NN , , may MD be VB placed VVN under IN judicial JJ supervision NN . SENT Art NN . SENT 491 CD 1 CD Judicial NP supervision NN results NNS from IN a DT declaration NN made VVD to TO the DT Government NP procurator NN in IN the DT way NN provided VVD for IN by IN the DT Code NP of IN Public NP Health NP . SENT A DT judge NN of IN guardianships NNS , , to TO whom WP proceedings NNS in IN guardianship NN or CC curatorship NN have VHP been VBN referred VVN , , may MD place VV the DT person NN whom WP it PP should MD be VB advisable JJ to TO protect VV under IN judicial JJ supervision NN , , pending VVG suit NN , , by IN an DT interim JJ order NN transmitted VVD to TO the DT Government NP procurator NN . SENT Art NN . SENT 491 CD 2 CD An DT adult NN placed VVN under IN judicial JJ supervision NN keeps VVZ the DT exercise NN of IN his PP$ rights NNS . SENT However RB , , the DT transactions NNS he PP entered VVD into IN and CC the DT undertakings NNS he PP contracted VVD may MD be VB rescinded VVD for IN ordinary JJ loss NN or CC abated VVN in IN case NN of IN excess NN , , even RB though IN they PP may MD not RB be VB annulled VVN under IN Article NP 489 CD . SENT Courts NNS shall MD take VV into IN consideration NN , , on IN this DT subject NN , , the DT wealth NN of IN the DT protected JJ person NN , , the DT good JJ or CC bad JJ faith NN of IN those DT who WP dealt VVD with IN him PP , , the DT usefulness NN or CC uselessness NN of IN the DT transaction NN . SENT An DT action NN for IN rescission NN or CC abatement NN may MD be VB brought VVN , , during IN the DT lifetime NN of IN the DT person NN , , by IN all PDT those DT who WP would MD have VH standing NN to TO petition VV for IN the DT opening NN of IN a DT guardianship NN and CC , , after IN his PP$ death NN , , by IN his PP$ heirs NNS . SENT It PP is VBZ time NN barred VVN after IN the DT period NN provided VVD for IN in IN Article NP 1304 CD . SENT Art NN . SENT 491 CD 3 CD Where WRB a DT person NN has VHZ appointed VVN an DT agent NN for IN the DT purpose NN of IN administering VVG his PP$ property NN , , either CC before RB , , or CC after IN being VBG placed VVN under IN judicial JJ supervision NN , , that DT agency NN must MD be VB fulfilled VVN . SENT However RB , , where WRB a DT power NN of IN attorney NN expressly RB mentions VVZ that IN it PP was VBD given VVN on IN account NN of IN the DT period NN of IN supervision NN , , it PP may MD , , during IN that DT period NN , , be VB revoked VVN by IN the DT principal NN only RB with IN the DT authorization NN of IN the DT judge NN of IN guardianships NNS . SENT In IN all DT cases NNS , , the DT judge NN , , either CC of IN his PP$ own JJ motion NN , , or CC on IN request NN of IN one CD of IN the DT parties NNS who WP would MD have VH standing NN to TO request VV the DT opening NN of IN a DT guardianship NN , , may MD order VV the DT revocation NN of IN the DT agency NN . SENT He PP may MD also RB , , even RB of IN his PP$ own JJ motion NN , , order NN that IN the DT accounts NNS be VB submitted VVN to TO the DT clerk NN in IN chief JJ of IN the DT tribunal NN d'instance NN for IN approval NN , , without IN prejudice NN to TO the DT power NN of IN the DT judge NN to TO exercise VV himself PP that IN supervision NN Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 CD . SENT Art NN . SENT 491 CD 4 CD In IN the DT absence NN of IN an DT agency NN , , the DT rules NNS of IN management NN of IN another DT s PP business NN shall MD be VB followed VVN . SENT However RB , , those DT who WP would MD have VH standing NN to TO request VV the DT opening NN of IN a DT guardianship NN are VBP under IN the DT obligation NN to TO do VV the DT acts NNS of IN preservation NN necessitated VVN by IN the DT management NN of IN the DT patrimony NN of IN the DT protected JJ person NN where WRB they PP had VHD knowledge NN of IN their PP$ urgency NN as IN well RB as RB of IN the DT declaration NN for IN purpose NN of IN supervision NN . SENT The DT same JJ obligation NN falls VVZ under IN the DT same JJ conditions NNS on IN the DT director NN of IN the DT treating VVG institution NN or CC , , possibly RB , , on IN the DT one NN who WP shelters NNS at IN his PP$ home NN the DT person NN under IN supervision NN . SENT An DT obligation NN to TO do VV acts NNS of IN preservation NN involves VVZ , , with IN regard NN to TO third JJ parties NNS , , the DT corresponding JJ power NN . SENT Art NN . SENT 491 CD 5 CD Where WRB there EX is VBZ occasion NN to TO act VV outside IN the DT cases NNS defined VVN in IN the DT preceding JJ Article NN , , any DT party NN concerned VVN may MD give VV notice NN thereof RB to TO the DT judge NN of IN guardianships NNS . SENT The DT judge NN may MD , , either CC appoint VV a DT special JJ agent NN for IN the DT purpose NN of IN doing VVG a DT specific JJ transaction NN or CC a DT series NN of IN transactions NNS of IN the DT same JJ nature NN , , within IN the DT limits NNS of IN what WP a DT guardian NN might MD do VV without IN the DT authorization NN of IN the DT family NN council NN , , or CC decide VV of IN his PP$ own JJ motion NN to TO open VV a DT guardianship NN or CC a DT curatorship NN , , or CC direct VV the DT party NN concerned VVN to TO instigate VV himself PP the DT opening NN where WRB he PP is VBZ one CD of IN those DT having VHG standing NN to TO request VV it PP Art NN . SENT 491 CD 6 CD Judicial NP supervision NN comes VVZ to TO an DT end NN with IN a DT new JJ declaration NN certifying VVG that IN the DT previous JJ situation NN has VHZ come VVN to TO an DT end NN , , by IN lapse NN of IN the DT declaration NN under IN the DT periods NNS of IN the DT Code NP of IN Civil NP Procedure NN or CC by IN its PP$ cancellation NN upon IN decision NN of IN the DT Government NP procurator NN . SENT It PP comes VVZ also RB to TO an DT end NN with IN the DT opening NN of IN a DT guardianship NN or CC of IN a DT curatorship NN from IN the DT day NN when WRB the DT new JJ system NN of IN protection NN takes VVZ effect NN . SENT CHAPTER NN III NP OF IN ADULTS NNS IN IN GUARDIANSHIP NN Art NN . SENT 492 CD A NP guardianship NN shall MD be VB opened VVN where WRB an DT adult NN , , for IN one CD of IN the DT causes NNS provided VVN for IN in IN Article NP 490 CD , , needs VVZ to TO be VB represented VVN in IN a DT continuous JJ manner NN in IN the DT transactions NNS of IN civil JJ life NN . SENT Art NN . SENT 493 CD The DT opening NN of IN a DT guardianship NN shall MD be VB ordered VVN by IN the DT judge NN of IN guardianships NNS on IN request NN of IN the DT person NN whom WP there RB is VBZ occasion NN to TO protect VV , , of IN his PP$ or CC her PP$ spouse NN , , unless IN community NN of IN living NN has VHZ ceased VVN between IN them PP , , of IN his PP$ or CC her PP$ ascendants NNS or CC descendants NNS , , brothers NNS and CC sisters NNS , , of IN the DT curator NN or CC of IN the DT Government NP procurator NN . SENT it PP may MD also RB opened VVN by IN the DT judge NN of IN his PP$ own JJ motion NN . SENT Other JJ relatives NNS by IN blood NN or CC marriage NN , , or CC friends NNS , , may MD only RB make VV known VVN to TO the DT judge NN the DT cause NN that WDT could MD justify VV the DT opening NN of IN a DT guardianship NN . SENT It PP shall MD be VB likewise RB with IN the DT attending VVG physician NN and CC the DT director NN of IN the DT institution NN . SENT The DT persons NNS referred VVD to TO in IN the DT two CD preceding JJ paragraphs NNS may MD , , even RB where WRB they PP did VVD not RB intervene VV into IN the DT case NN , , appeal NN to TO the DT tribunal NN de FW grande JJ instance NN against IN a DT judgment NN which WDT opened VVD a DT guardianship NN . SENT Art NN . SENT 493 CD 1 CD The DT judge NN may MD order VV the DT opening NN of IN a DT guardianship NN only RB where WRB the DT impairing VVG of IN mental JJ or CC bodily JJ faculties NNS of IN the DT sick JJ person NN was VBD ascertained VVN by IN a DT specialist NN chosen VVN from IN a DT list NN established VVN by IN the DT Government NP procurator NN . SENT The DT opening NN of IN a DT guardianship NN shall MD be VB ordered VVN in IN the DT way NN provided VVD for IN in IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 493 CD 2 CD Judgments NNS opening NN , , modifying VVG or CC withdrawing VVG a DT guardianship NN may MD be VB enforced VVN against IN third JJ parties NNS only JJ two CD months NNS after IN mention NN of IN them PP was VBD made VVN in IN the DT margin NN of IN the DT record NN of IN birth NN of IN the DT protected JJ person NN , , as RB provided VVN for IN in IN the DT Code NP of IN Civil NP Procedure NN . SENT Even RB failing VVG that IN mention NN , , they PP are VBP nevertheless RB enforceable JJ against IN third JJ parties NNS who WP had VHD personal JJ knowledge NN of IN them PP . SENT Art NN . SENT 494 CD A NP guardianship NN may MD be VB opened VVN for IN an DT emancipated VVN minor JJ as IN for IN an DT adult NN . SENT As RB regards VVZ a DT non JJ emancipated VVN minor JJ , , a DT petition NN may MD even RB be VB initiated VVN and CC adjudged VVN during IN the DT last JJ year NN of IN minority NN . SENT but CC guardianship NN shall MD take VV effect NN only RB from IN the DT day NN when WRB he PP comes VVZ of IN age NN . SENT Art NN . SENT 495 CD Shall NP apply VV also RB to TO guardianships NNS of IN adults NNS the DT rules NNS prescribed VVN by IN Sections NNS 2 CD , , 3 CD and CC 4 CD of IN Chapter NP II NP of IN Title NP X NP of IN this DT Book NN for IN guardianships NNS of IN minors NNS , , save VV , , however RB , , those DT which WDT relate VVP to TO the DT education NN of IN the DT child NN and CC , , in IN addition NN , , under IN the DT following VVG amendments NNS . SENT Art NN . SENT 496 CD A NP spouse NN is VBZ the DT guardian NN of IN the DT other JJ spouse NN , , unless IN community NN of IN living NN has VHZ ceased VVN between IN them PP or CC the DT judge NN is VBZ of IN opinion NN that IN another DT reason NN prevents VVZ his PP$ or CC her PP$ being VBG entrusted VVN with IN guardianship NN . SENT All DT other JJ guardians NNS are VBP dative JJ . SENT A DT guardianship NN of IN an DT adult NN may MD be VB conferred VVN on IN a DT juridical JJ person NN . SENT Art NN . SENT 496 CD 1 CD Nobody NN , , except IN the DT spouse NN , , descendants NNS and CC juridical JJ persons NNS may MD be VB compelled VVN to TO hold VV guardianship NN of IN an DT adult NN beyond IN five CD years NNS . SENT On IN the DT expiry NN of IN that DT period NN , , the DT guardian NN may MD request VV and CC shall MD gain VV his PP$ replacement NN . SENT Art NN . SENT 496 CD 2 CD An DT attending VVG physician NN may MD not RB be VB a DT guardian NN or CC a DT supervisory JJ guardian NN of IN his PP$ patient NN . SENT But CC the DT judge NN of IN guardianships NNS may MD always RB call VV on IN him PP to TO participate VV in IN the DT family NN council NN in IN an DT advisory JJ capacity NN . SENT A DT guardianship NN may MD not RB be VB conferred VVN on IN a DT treating VVG institution NN , , or CC on IN any DT person NN holding VVG therein RB a DT gainful JJ occupation NN unless IN they PP are VBP one CD of IN those DT who WP had VHD standing NN to TO request VV the DT opening NN of IN a DT guardianship NN . SENT An DT executive JJ employee NN of IN the DT institution NN may MD however RB be VB designated VVN as IN manager NN of IN the DT guardianship NN in IN the DT circumstances NNS referred VVD to TO in IN Article NP 499 CD . SENT Art NN . SENT 497 CD Where WRB there EX is VBZ a DT relative NN by IN blood NN or CC by IN marriage NN Act NP n NN 96 CD 452 CD of IN 28 CD May NP 1996 CD qualified VVN for IN managing VVG the DT property NN , , the DT judge NN of IN guardianships NNS may MD decide VV that IN he PP shall MD manage VV it PP as IN a DT statutory JJ administrator NN , , without IN a DT supervisory JJ guardian NN or CC a DT family NN council NN , , in IN accordance NN with IN the DT rules NNS that WDT apply VVP , , as RB regards VVZ the DT property NN of IN a DT minor JJ , , to TO statutory JJ administration NN under IN judicial JJ supervision NN . SENT Art NN . SENT 498 RB There EX is VBZ no DT occasion NN to TO open VV a DT guardianship NN which WDT would MD devolve VV on IN a DT spouse NN where WRB the DT interests NNS of IN a DT protected JJ person NN can MD be VB provided VVN for IN adequately RB in IN accordance NN with IN the DT matrimonial JJ regime NN and CC in IN particular JJ with IN the DT rules NNS of IN Articles NNS 217 CD and CC 219 CD , , 1426 CD and CC 1429 CD . SENT Art NN . SENT 499 CD Where WRB , , in IN consideration NN of IN the DT composition NN of IN the DT property NN to TO be VB managed VVN , , the DT judge NN of IN guardianships NNS considers VVZ it PP useless JJ to TO establish VV a DT complete JJ guardianship NN , , he PP may MD limit VV himself PP to TO designate VV as IN manager NN of IN the DT guardianship NN , , without IN supervisory JJ guardian NN or CC family NN council NN , , either CC an DT executive JJ employee NN belonging VVG to TO the DT administrative JJ staff NN of IN the DT treating VVG institution NN , , or CC a DT special JJ administrator NN , , chosen VVN in IN the DT way NN provided VVD for IN in IN a DT decree NN in IN Conseil NP d SYM tat NN . SENT Art NN . SENT 500 CD A DT manager NN of IN a DT guardianship NN shall MD collect VV the DT incomes NNS of IN the DT protected VVN person NN and CC apply VV them PP to TO the DT support NN and CC treatment NN of IN the DT latter NN and CC discharge NN of IN the DT maintenance NN obligations NNS for IN which WDT he PP may MD be VB liable JJ . SENT Where WRB there EX is VBZ an DT excess NN , , he PP shall MD deposit VV it PP into IN an DT account NN which WDT he PP must MD open VV with IN an DT accredited VVN depositary NN . SENT Each DT year NN , , he PP shall MD render VV account NN of IN his PP$ management NN directly RB to TO the DT clerk NN in IN chief JJ of IN the DT tribunal NN d'instance NN , , without IN prejudice NN to TO the DT power NN of IN the DT judge NN to TO request VV at IN any DT time NN from IN the DT clerk NN in IN chief JJ communication NN of IN the DT account NN of IN management NN and CC direct JJ transmittal NN of IN the DT accounting NN Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 CD . SENT Where WRB other JJ acts NNS become VVP necessary JJ , , he PP shall MD refer VV the DT matter NN to TO the DT judge NN who WP may MD either RB authorize VV him PP to TO do VV them PP , , or CC decide VVP to TO establish VV the DT guardianship NN completely RB . SENT Art NN . SENT 501 CD When WRB opening VVG a DT guardianship NN or CC in IN a DT subsequent JJ judgment NN , , the DT judge NN , , upon IN opinion NN of IN the DT attending VVG physician NN , , may MD list VV some DT transactions NNS that IN the DT person NN in IN guardianship NN will MD have VH the DT capacity NN to TO enter VV into IN himself PP , , either CC alone RB , , or CC with IN the DT assistance NN of IN the DT guardian NN or CC of IN the DT person NN standing NN in IN his PP$ stead NN . SENT Art NN . SENT 502 CD All NP transactions NNS entered VVD into IN by IN a DT protected VVN person NN after IN the DT judgment NN of IN opening NN of IN a DT guardianship NN are VBP void JJ as IN of IN right JJ , , subject JJ to TO the DT provisions NNS of IN Article NP 493 CD 2 CD . SENT Art NN . SENT 503 CD Prior RB transactions NNS may MD be VB annulled VVN where WRB the DT cause NN which WDT determined VVD the DT opening NN of IN the DT guardianship NN existed VVD notoriously RB at IN the DT time NN when WRB they PP were VBD made VVN . SENT Art NN . SENT 504 CD A NP will NN made VVD after IN the DT opening NN of IN a DT guardianship NN is VBZ void JJ as RB of IN right NN . SENT A DT will MD previously RB made VVD remains VVZ valid JJ , , unless IN it PP is VBZ proved VVN that IN , , since IN the DT opening NN of IN the DT guardianship NN , , the DT reason NN which WDT determined VVD the DT testator NN to TO so RB dispose NN has VHZ disappeared VVN . SENT Art NN . SENT 505 CD With IN authorization NN of IN the DT family NN council NN , , gifts NNS may MD be VB made VVN in IN the DT name NN of IN an DT adult NN in IN guardianship NN , , but CC only RB in IN favour NN of IN his PP$ descendants NNS and CC by IN way NN of IN advancement NN , , or CC in IN favour NN of IN the DT spouse NN . SENT Art NN . SENT 506 CD Even RB in IN the DT cases NNS of IN articles NNS 497 CD and CC 499 CD , , marriage NN of IN an DT adult NN in IN guardianship NN is VBZ allowed VVN only RB with IN the DT consent NN of IN a DT family NN council NN specially RB convened VVD in IN order NN to TO consider VV the DT matter NN . SENT The DT council NN may MD decide VV only RB after IN hearing VVG the DT future JJ spouses NNS . SENT There EX is VBZ no DT occasion NN for IN a DT meeting NN of IN the DT family NN council NN where WRB the DT father NN and CC mother NN both CC give VV their PP$ consent NN to TO the DT marriage NN . SENT In IN all DT cases NNS , , the DT opinion NN of IN the DT attending VVG physician NN is VBZ required VVN . SENT Art NN . SENT 506 CD 1 CD Act NP n NN 99 CD 944 CD of IN 15 CD Nov NP . SENT 1999 CD Adults NNS in IN guardianship NN may MD not RB enter VV into IN a DT civil JJ covenant NN of IN solidarity NN . SENT Where WRB , , during IN a DT civil JJ covenant NN of IN solidarity NN , , one CD of IN the DT partners NNS is VBZ placed VVN under IN guardianship NN , , the DT guardian NN authorized VVD by IN the DT family NN council NN or CC , , failing VVG which WDT , , the DT judge NN of IN guardianships NNS may MD put VV an DT end NN to TO the DT covenant NN in IN the DT way NN provided VVD for IN in IN Article NP 515 CD 7 CD , , paragraph NN 1 CD or CC 2 CD . SENT Where WRB the DT initiative NN to TO cancel VV the DT covenant NN is VBZ taken VVN by IN the DT other JJ partner NN , , the DT notice NN mentioned VVN in IN the DT same JJ Article NN , , paragraph NN 2 CD and CC 3 CD , , shall MD be VB served VVN on IN the DT guardian NN . SENT Art NN . SENT 507 CD Guardianship NN comes VVZ to TO an DT end NN with IN the DT causes NNS that WDT determined VVD it PP . SENT nevertheless RB removal NN of IN it PP may MD be VB ordered VVN only RB in IN complying VVG with IN the DT formalities NNS prescribed VVN for IN attaining VVG its PP$ opening NN and CC a DT person NN in IN guardianship NN may MD resume VV the DT exercise NN of IN his PP$ rights NNS only RB after IN a DT judgment NN of IN removal NN . SENT The DT methods NNS of IN review NN provided VVN for IN by IN Article NP 493 CD , , paragraph NN 3 CD , , may MD be VB resorted VVN to TO only RB against IN judgments NNS that WDT refuse VVP to TO give VV removal NN of IN a DT guardianship NN . SENT CHAPTER NN IV NP OF IN ADULTS NNS IN IN CURATORSHIP NN Art NN . SENT 508 CD Where WRB an DT adult NN , , for IN one CD of IN the DT causes NNS provided VVN for IN in IN Article NP 490 CD , , without IN being VBG unable JJ to TO act VV for IN himself PP , , has VHZ need NN of IN being VBG advised VVN or CC supervised VVN in IN transactions NNS of IN civil JJ life NN , , he PP may MD be VB placed VVN under IN a DT system NN of IN curatorship NN . SENT Art NN . SENT 508 CD 1 CD An DT adult NN to TO whom WP Article NP 488 CD , , paragraph NN 3 CD , , refers VVZ may MD also RB be VB placed VVN under IN a DT system NN of IN curatorship NN . SENT Art NN . SENT 509 CD Curatorship NN is VBZ opened VVN and CC comes VVZ to TO an DT end NN in IN the DT same JJ way NN as IN a DT guardianship NN of IN adults NNS . SENT It PP is VBZ subject JJ to TO the DT same JJ requirements NNS as RB to TO notice VV . SENT Art NN . SENT 509 CD 1 CD In IN a DT curatorship NN there EX is VBZ no DT other JJ organ NN than IN the DT curator NN . SENT A DT spouse NN is VBZ curator NN for IN the DT other JJ spouse NN unless IN community NN of IN living NN has VHZ ceased VVN between IN them PP or CC the DT judge NN is VBZ of IN opinion NN that IN another DT reason NN prevents VVZ his PP$ or CC her PP$ being VBG entrusted VVN with IN curatorship NN . SENT All DT other JJ curators NNS must MD be VB appointed VVN by IN the DT judge NN of IN guardianships NNS . SENT Art NN . SENT 509 CD 2 CD The DT provisions NNS relating VVG to TO the DT duties NNS of IN a DT guardian NN shall MD apply VV to TO the DT office NN of IN a DT curator NN , , under IN the DT amendments NNS which WDT guardianship NN of IN adults NNS involves VVZ . SENT Art NN . SENT 510 CD An DT adult NN in IN curatorship NN may MD not RB , , without IN the DT assistance NN of IN his PP$ curator NN , , enter VVP into IN any DT transaction NN which WDT , , under IN the DT system NN of IN guardianship NN of IN adults NNS , , requires VVZ an DT authorization NN of IN the DT family NN council NN . SENT Nor CC may MD he PP , , without IN that DT assistance NN , , receive VV capital NN or CC make VV investment NN of IN it PP . SENT Where WRB a DT curator NN refuses VVZ his PP$ assistance NN to TO a DT transaction NN , , a DT person NN in IN curatorship NN may MD request VV a DT suppletory JJ authorization NN from IN the DT judge NN of IN guardianships NNS . SENT Art NN . SENT 510 CD 1 CD Where WRB an DT adult NN in IN curatorship NN has VHZ entered VVN alone RB into IN a DT transaction NN for IN which WDT the DT assistance NN of IN a DT curator NN was VBD required VVN , , himself PP or CC the DT curator NN may MD seek VV the DT annulment NN of IN it PP . SENT An DT action NN for IN annulment NN is VBZ time NN barred VVN after IN the DT period NN provided VVD for IN in IN Article NP 1304 CD , , or CC even RB , , before IN expiry NN of IN that DT period NN , , in IN consequence NN of IN the DT approval NN that IN the DT curator NN may MD have VH given VVN to TO the DT transaction NN . SENT Art NN . SENT 510 CD 2 CD Any DT service NN made VVN on IN an DT adult NN in IN curatorship NN may MD be VB also RB made VVN on IN the DT curator NN , , on IN pain NN of IN invalidity NN . SENT Art NN . SENT 510 CD 3 CD In IN cases NNS where WRB the DT assistance NN of IN a DT curator NN was VBD not RB required VVN by IN statute NN , , transactions NNS into IN which WDT an DT adult NN in IN curatorship NN may MD have VH entered VVD alone RB remain VV nevertheless RB subject JJ to TO actions NNS for IN rescission NN or CC abatement NN regulated VVN by IN Article NP 491 CD 2 CD , , as RB though IN they PP were VBD entered VVN into IN by IN a DT person NN under IN judicial JJ supervision NN . SENT Art NN . SENT 511 CD When WRB opening VVG a DT curatorship NN or CC in IN a DT subsequent JJ judgment NN , , the DT judge NN , , upon IN opinion NN of IN the DT attending VVG physician NN , , may MD list VV some DT transactions NNS that IN the DT person NN in IN curatorship NN will MD have VH the DT capacity NN to TO enter VV into IN alone RB , , in IN derogation NN from IN Article NP 510 CD , , or CC , , inversely RB , , add VV other JJ transactions NNS to TO those DT for IN which WDT that DT Article NN requires VVZ the DT assistance NN of IN a DT curator NN . SENT Art NN . SENT 512 CD When WRB appointing VVG a DT curator NN , , the DT judge NN may MD order VV that IN he PP alone RB shall MD receive VV the DT incomes NNS of IN the DT person NN in IN curatorship NN , , settle VV expenses NNS with IN regard NN to TO third JJ parties NNS , , and CC deposit VV the DT excess NN , , if IN any DT , , into IN an DT account NN opened VVD with IN an DT accredited VVN depositary NN . SENT A DT curator NN appointed VVN with IN that DT task NN shall MD render VV an DT account NN of IN his PP$ management NN each DT year NN to TO the DT clerk NN in IN chief JJ of IN the DT tribunal NN d'instance NN , , without IN prejudice NN to TO the DT power NN of IN the DT judge NN to TO request VV at IN any DT time NN from IN the DT clerk NN in IN chief JJ communication NN of IN the DT account NN of IN management NN and CC direct JJ transmittal NN of IN the DT accounting NN Act NP n NN 95 CD 125 CD of IN 8 CD Feb NN . SENT 1995 CD . SENT . SENT Art NN . SENT 513 CD A DT person NN in IN curatorship NN may MD freely RB make VV his PP$ will NN , , except IN for IN application NN of IN Article NP 901 CD , , if IN there EX is VBZ occasion NN . SENT He PP may MD make VV a DT gift NN only RB with IN the DT assistance NN of IN his PP$ curator NN . SENT Art NN . SENT 514 CD As IN regards VVZ marriage NN of IN an DT adult NN in IN curatorship NN , , the DT consent NN of IN the DT curator NN is VBZ required VVN . SENT failing VVG which WDT , , that IN of IN the DT judge NN of IN guardianships NNS . SENT Art NN . SENT 515 CD repealed VVN TITLE NN XII NP OF IN CIVIL JJ COVENANTS NNS OF IN SOLIDARITY NN AND CC OF IN CONCUBINAGE NN Act NP n NN 99 CD 944 CD of IN 15 CD Nov NP . SENT 1999 CD CHAPTER NN I NN OF IN CIVIL JJ COVENANTS NNS OF IN SOLIDARITY NN Art NN . SENT 515 CD 1 CD A DT civil JJ covenant NN of IN solidarity NN is VBZ a DT contract NN entered VVD into IN by IN two CD natural JJ persons NNS of IN age NN , , of IN different JJ sexes NNS or CC of IN a DT same JJ sex NN , , to TO organize VV their PP$ common JJ life NN . SENT Art NN . SENT 515 CD 2 CD On IN pain NN of IN nullity NN , , there EX may MD not RB be VB a DT civil JJ covenant NN of IN solidarity NN . SENT 1 CD Between IN ascendants NNS and CC descendants NNS in IN direct JJ line NN , , between IN relatives NNS by IN marriage NN in IN direct JJ line NN and CC between IN collaterals NNS until IN the DT third JJ degree NN inclusive JJ . SENT 2 CD Between IN two CD persons NNS of IN whom WP one NN at IN least JJS is VBZ bound VVN by IN the DT bonds NNS of IN marriage NN . SENT 3 CD Between IN two CD persons NNS of IN whom WP one NN at IN least JJS is VBZ already RB bound VVN by IN a DT civil JJ covenant NN of IN solidarity NN . SENT Art NN . SENT 515 CD 3 CD Two CD persons NNS who WP enter VVP into IN a DT civil JJ covenant NN of IN solidarity NN shall MD make VV a DT joint JJ declaration NN of IN it PP at IN the DT court NN office NN of IN the DT tribunal NN d'instance NN under IN the DT jurisdiction NN of IN which WDT they PP fix VV their PP$ common JJ residence NN . SENT On IN pain NN of IN dismissal NN , , they PP shall MD file VV with IN the DT clerk NN the DT agreement NN concluded VVD between IN them PP in IN duplicate JJ original JJ and CC add VV the DT documents NNS of IN civil JJ status NN which WDT allow VVP to TO establish VV the DT validity NN of IN the DT transaction NN with IN respect NN to TO Article NP 515 CD 2 CD , , as RB well RB as IN a DT certificate NN of IN the DT court NN office NN of IN the DT tribunal NN d'instance NN of IN their PP$ places NNS of IN birth NN or CC , , in IN case NN of IN birth NN abroad RB , , of IN the DT court NN office NN of IN the DT tribunal NN de FW grande JJ instance NN of IN Paris NP , , attesting VVG that IN they PP are VBP not RB already RB bound VVN by IN a DT civil JJ covenant NN of IN solidarity NN . SENT After IN the DT filing NN of IN the DT set NN of IN documents NNS , , the DT clerk NN shall MD enter VV that DT declaration NN into IN a DT register NN . SENT The DT clerk NN shall MD countersign VV and CC date VV the DT two CD originals NNS of IN the DT agreement NN and CC give VV them PP back RB to TO each DT partner NN . SENT He PP shall MD have VH a DT mention NN of IN the DT declaration NN entered VVN into IN a DT register NN held VVN in IN the DT court NN office NN of IN the DT tribunal NN d'instance NN of IN the DT place NN of IN birth NN of IN each DT partner NN or CC , , in IN case NN of IN birth NN abroad RB , , in IN the DT court NN office NN of IN the DT tribunal NN de FW grande JJ instance NN of IN Paris NP . SENT An DT entry NN in IN the DT register NN of IN the DT place NN of IN residence NN shall MD attribute VV an DT undisputable JJ date NN to TO the DT civil JJ covenant NN of IN solidarity NN and CC render VV it PP effective JJ against IN third JJ parties NNS . SENT Any DT amendment NN to TO the DT covenant NN shall MD be VB the DT subject NN of IN a DT joint JJ declaration NN entered VVN at IN the DT court NN office NN that WDT received VVD the DT initial JJ transaction NN , , to TO which WDT shall MD be VB added VVN , , on IN pain NN of IN dismissal NN and CC in IN duplicate JJ original NN , , the DT instrument NN amending VVG the DT agreement NN . SENT The DT formalities NNS provided VVN for IN in IN paragraph NN 4 CD shall MD apply VV . SENT Abroad RB , , the DT entry NN of IN a DT joint JJ declaration NN of IN a DT covenant NN binding VVG two CD partners NNS of IN whom WP one NN at IN least JJS is VBZ of IN French JJ nationality NN , , the DT formalities NNS provided VVN for IN in IN paragraphs NNS 2 CD and CC 4 CD and CC those DT required VVN in IN case NN of IN an DT amendment NN of IN the DT covenant NN shall MD be VB the DT responsibility NN of IN French JJ diplomatic JJ and CC consular JJ agents NNS . SENT Art NN . SENT 515 CD 4 CD Partners NNS bound VVN by IN a DT civil JJ covenant NN of IN solidarity NN shall MD provide VV mutual JJ material NN and CC moral JJ aid NN to TO each DT other JJ . SENT The DT terms NNS of IN that DT aid NN shall MD be VB fixed VVN by IN the DT covenant NN . SENT Partners NNS shall MD be VB jointly RB and CC severally RB liable JJ with IN regard NN to TO third JJ parties NNS for IN debts NNS incurred VVN by IN one CD of IN them PP for IN the DT needs NNS of IN everyday JJ life NN and CC for IN expenses NNS relating VVG to TO the DT common JJ lodging NN . SENT Art NN . SENT 515 CD 5 CD Partners NNS to TO a DT civil JJ covenant NN of IN solidarity NN shall MD lay VV down RB , , in IN the DT agreement NN referred VVD to TO in IN Article NP 515 CD 3 CD , , paragraph NN 2 CD , , whether IN they PP wish VVP to TO submit VV to TO the DT system NN of IN undivided JJ ownership NN the DT furniture NN they PP would MD acquire VV for IN value NN after IN the DT conclusion NN of IN the DT covenant NN . SENT Failing VVG which WDT , , that IN furniture NN shall MD be VB deemed VVN undivided JJ in IN halves NNS . SENT It PP shall MD be VB likewise RB where WRB the DT date NN of IN acquisition NN of IN that DT property NN may MD not RB be VB established VVN . SENT The DT other JJ property NN of IN which WDT partners NNS become VVP owners NNS for IN value NN after IN the DT conclusion NN of IN the DT covenant NN shall MD be VB deemed VVN undivided JJ in IN halves NNS where WRB the DT instrument NN of IN acquisition NN or CC of IN subscription NN does VVZ not RB otherwise RB provide VV . SENT Art NN . SENT 515 CD 6 CD The DT provisions NNS of IN Article NP 832 CD shall MD apply VV between IN partners NNS to TO a DT civil JJ covenant NN of IN solidarity NN in IN case NN of IN dissolution NN of IN it PP , , save VV those DT relating VVG to TO all DT or CC part NN of IN an DT agricultural JJ holding NN , , as RB well RB as IN to TO an DT undivided JJ share NN or CC to TO partnership NN shares NNS of IN that DT holding NN . SENT Art NN . SENT 515 CD 7 CD Where WRB partners NNS decide VVP by IN mutual JJ agreement NN to TO put VV an DT end NN to TO a DT civil JJ covenant NN of IN solidarity NN , , they PP shall MD file VV a DT joint JJ written JJ declaration NN with IN the DT court NN office NN of IN the DT tribunal NN d'instance NN under IN the DT jurisdiction NN of IN which WDT one CD of IN them PP at IN least JJS has VHZ his PP$ residence NN . SENT The DT clerk NN shall MD enter VV that DT declaration NN into IN a DT register NN and CC shall MD ensure VV its PP$ preservation NN . SENT Where WRB one CD of IN the DT partners NNS decides VVZ to TO put VV an DT end NN to TO a DT civil JJ covenant NN of IN solidarity NN , , he PP or CC she PP shall MD serve VV notice NN of IN his PP$ or CC her PP$ decision NN on IN the DT other JJ and CC shall MD send VV a DT copy NN of IN that DT notice NN to TO the DT court NN office NN of IN the DT tribunal NN d'instance NN which WDT received VVD the DT initial JJ instrument NN . SENT Where WRB one CD of IN the DT partners NNS puts VVZ an DT end NN to TO a DT civil JJ covenant NN of IN solidarity NN by IN marrying VVG , , he PP or CC she PP shall MD notify VV his PP$ or CC her PP$ decision NN to TO the DT other JJ by IN service NN and CC shall MD send VV copies NNS of IN the DT latter NN and CC of IN his PP$ or CC her PP$ record NN of IN birth NN on IN which WDT mention VVP of IN the DT marriage NN has VHZ been VBN made VVN , , to TO the DT court NN office NN of IN the DT tribunal NN d'instance NN which WDT received VVD the DT initial JJ instrument NN . SENT Where WRB a DT civil JJ covenant NN of IN solidarity NN comes VVZ to TO an DT end NN by IN the DT death NN of IN at IN least JJS one CD of IN the DT partners NNS , , the DT survivor NN or CC any DT party NN concerned VVN shall MD send VV a DT copy NN of IN the DT record NN of IN death NN to TO the DT court NN office NN of IN the DT tribunal NN d'instance NN which WDT received VVD the DT initial JJ instrument NN . SENT A DT clerk NN who WP receives VVZ a DT declaration NN or CC instruments NNS provided VVD for IN in IN the DT preceding JJ paragraphs NNS shall MD enter VV or CC have VHP entered VVN mention NN of IN the DT end NN of IN the DT covenant NN into IN the DT margin NN of IN the DT initial JJ instrument NN . SENT He PP shall MD also RB have VH registration NN of IN that DT mention NN written VVN into IN the DT margin NN of IN the DT register NN provided VVD for IN in IN Article NP 515 CD 3 CD , , paragraph NN 5 CD . SENT Abroad RB , , receiving VVG , , recording VVG and CC preserving VVG a DT declaration NN or CC instruments NNS referred VVD to TO in IN the DT first JJ four CD paragraphs NNS shall MD be VB the DT responsibility NN of IN French JJ diplomatic JJ or CC consular JJ agents NNS , , who WP shall MD also RB undertake VV or CC have VHP undertaken VVN mentions VVZ provided VVN for IN in IN the DT preceding JJ paragraph NN . SENT A DT civil JJ covenant NN of IN solidarity NN shall MD come VV to TO an DT end NN , , according VVG to TO the DT circumstances NNS . SENT 1 LS As RB soon RB as IN a DT mention NN is VBZ made VVN in IN the DT margin NN of IN the DT initial JJ instrument NN of IN the DT joint JJ declaration NN provided VVN for IN in IN the DT first JJ paragraph NN . SENT 2 CD Three CD months NNS after IN service NN delivered VVN under IN paragraph NN 2 CD , , provided VVN that IN a DT copy NN of IN it PP was VBD brought VVN to TO the DT knowledge NN of IN the DT clerk NN of IN the DT court NN designated VVN in IN that DT paragraph NN . SENT 3 CD On IN the DT date NN of IN the DT marriage NN or CC of IN the DT death NN of IN one CD of IN the DT partners NNS . SENT Partners NNS shall MD undertake VV themselves PP the DT liquidation NN of IN the DT rights NNS and CC obligations NNS resulting VVG on IN their PP$ behalf NN from IN the DT civil JJ covenant NN of IN solidarity NN . SENT Failing VVG an DT agreement NN , , the DT judge NN shall MD rule VV on IN the DT patrimonial JJ consequences NNS of IN the DT breach NN , , without IN prejudice NN to TO damage VV possibly RB suffered VVN . SENT CHAPTER NN II NP OF IN CONCUBINAGE NN Art NN . SENT 515 CD 8 CD Concubinage NN is VBZ an DT union NN in IN fact NN , , characterized VVN by IN a DT life NN in IN common JJ offering NN a DT character NN of IN stability NN and CC continuity NN , , between IN two CD persons NNS , , of IN different JJ sexes NNS or CC of IN the DT same JJ sex NN , , who WP live VVP in IN couple NN . SENT BOOK NN TWO CD OF IN PROPERTY NN AND CC OF IN THE DT VARIOUS JJ MODIFICATIONS NNS OF IN OWNERSHIP NN TITLE NN ONE CD OF IN THE DT VARIOUS JJ KINDS NNS OF IN PROPERTY NN Art NN . SENT 516 CD All NP property NN is VBZ movable JJ or CC immovable JJ . SENT CHAPTER NN I NN OF IN IMMOVABLES NP Art NP . SENT 517 CD Property NN is VBZ immovable JJ , , either CC by IN its PP$ nature NN or CC by IN its PP$ destination NN or CC by IN the DT object NN to TO which WDT it PP applies VVZ . SENT Art NN . SENT 518 CD Lands NP and CC buildings NNS are VBP immovables NNS by IN their PP$ nature NN . SENT Art NN . SENT 519 CD Windmills NNS or CC watermills NNS , , fixed VVN on IN pillars NNS and CC forming VVG part NN of IN a DT building NN , , are VBP also RB immovables NNS by IN their PP$ nature NN . SENT Art NN . SENT 520 CD Harvests NNS standing VVG by IN roots NNS and CC the DT fruit NN of IN trees NNS not RB yet RB gathered VVN are VBP also RB immovables NNS . SENT As RB soon RB as IN crops NNS are VBP cut VVN and CC the DT fruit NN separated VVN , , even RB though IN not RB removed VVN , , they PP are VBP movables NNS . SENT Where WRB only RB a DT part NN of IN a DT harvest NN is VBZ cut VVN , , this DT part NN alone RB is VBZ movable JJ . SENT Art NN . SENT 521 RB The DT normal JJ cutting NN of IN underwood NN or CC of IN timber NN periodically RB cut VVD becomes VVZ movable JJ only RB as IN the DT cutting VVG down RP of IN trees NNS proceeds NNS . SENT Art NN . SENT 522 CD Animals NNS which WDT the DT owner NN of IN a DT tenement NN delivers VVZ to TO a DT farmer NN or CC share NN cropper NN for IN farming NN , , whether IN they PP are VBP appraised VVN or CC not RB , , shall MD be VB deemed VVN immovables NNS so RB long RB as IN they PP remain VVP attached VVN to TO the DT tenement NN under IN the DT terms NNS of IN the DT agreement NN . SENT Animals NNS leased VVN to TO other JJ than IN farmers NNS or CC share NN croppers NNS are VBP movables NNS . SENT Art NN . SENT 523 CD Pipes NP used VVN to TO bring VV water NN into IN a DT house NN or CC other JJ immovable JJ are VBP immovables NNS and CC form NN part NN of IN the DT tenement NN to TO which WDT they PP are VBP attached VVN . SENT Art NN . SENT 524 CD Animals NNS and CC things NNS that IN the DT owner NN of IN a DT tenement NN placed VVD thereon RB for IN the DT use NN and CC working VVG of IN the DT tenement NN are VBP immovable JJ by IN destination NN Act NP n NN 99 CD 5 CD of IN 6 CD Jan NP . SENT 1999 CD . SENT Thus RB , , Animals NNS attached VVN to TO farming NN . SENT Farming NN implements VVZ . SENT Seeds NNS given VVN to TO farmers NNS or CC share NN croppers NNS . SENT Pigeons NNS in IN pigeon NN houses NNS . SENT Warren NP rabbits VVZ . SENT Beehives NNS . SENT Fishes NNS of IN waters NNS not RB referred VVD to TO in IN Article NP 402 CD L NP . SENT 231 CD 3 CD of IN the DT Rural NP Code NP and CC of IN stretches NNS of IN water NN referred VVD to TO in IN Articles NNS 432 CD and CC 433 CD L NP . SENT 231 CD 6 CD and CC L NP . SENT 231 CD 7 CD of IN the DT same JJ Code NP Act NP n NN 84 CD 512 CD of IN 29 CD June NP 1984 CD . SENT now RB Articles NNS L NP . SENT 431 CD 6 CD and CC L NP . SENT 431 CD 7 CD of IN the DT Code NP of IN the DT Environment NP Wine NN pressers NNS , , boilers NNS , , stills NNS , , vats NNS and CC barrels NNS . SENT Implements VVZ necessary JJ for IN working VVG ironworks NNS , , paper NN mills NNS and CC other JJ factories NNS . SENT Straw NN and CC manure NN , , are VBP immovables NNS by IN destination NN where WRB they PP have VHP been VBN placed VVN by IN the DT owner NN for IN the DT use NN and CC working VVG of IN the DT tenement NN . SENT All DT movables NNS which WDT the DT owner NN has VHZ attached VVN to TO the DT tenement NN perpetually RB are VBP also RB immovables NNS by IN destination NN . SENT Art NN . SENT 525 CD An DT owner NN shall MD be VB deemed VVN to TO have VH attached VVN movables NNS perpetually RB to TO his PP$ tenement NN , , where WRB they PP are VBP fastened VVN with IN plaster NN or CC mortar NN or CC cement NN , , or CC where WRB they PP cannot NN be VB removed VVN without IN being VBG broken VVN or CC damaged VVN , , or CC without IN breaking VVG or CC damaging VVG the DT part NN of IN the DT tenement NN to TO which WDT they PP are VBP affixed VVN . SENT The DT mirrors VVZ of IN an DT apartment NN shall MD be VB deemed VVN perpetually RB placed VVN where WRB the DT flooring NN to TO which WDT they PP have VHP been VBN fastened VVN is VBZ part NN of IN the DT panelling NN . SENT It PP shall MD be VB the DT same JJ as RB to TO pictures NNS and CC other JJ ornaments NNS . SENT As RB regards VVZ statues NNS , , they PP are VBP immovables NNS where WRB they PP are VBP placed VVN in IN a DT recess NN designed VVN expressly RB to TO receive VV them PP , , even RB though IN they PP can MD be VB removed VVN without IN breakage NN or CC damage NN . SENT Art NN . SENT 526 CD The DT usufruct NN of IN immovable JJ things NNS . SENT Servitudes NNS or CC land NN services NNS . SENT Actions NNS for IN the DT purpose NN of IN recovering VVG an DT immovable JJ , , are VBP immovables NNS by IN the DT object NN to TO which WDT they PP apply VVP . SENT CHAPTER NN II NP OF IN MOVABLES NNS Art NN . SENT 527 CD Property NN is VBZ movable JJ by IN its PP$ nature NN or CC by IN prescription NN of IN law NN . SENT Art NN . SENT 528 CD Act NP n NN 99 CD 5 CD of IN 6 CD Jan NP . SENT 1999 CD Animals NNS and CC things NNS which WDT can MD move VV from IN one CD place NN to TO another DT , , whether IN they PP move VVP by IN themselves PP , , or CC whether IN they PP can MD move VV only RB as IN the DT result NN of IN an DT extraneous JJ power NN , , are VBP movables NNS by IN their PP$ nature NN . SENT Art NN . SENT 529 CD Obligations NNS and CC actions NNS having VHG as IN their PP$ object NN sums NNS due JJ or CC movable JJ effects NNS , , shares NNS or CC interests NNS in IN financial JJ , , commercial JJ or CC industrial JJ concerns NNS , , even RB where WRB immovables NNS depending VVG on IN these DT enterprises NNS belong VVP to TO the DT concerns NNS , , are VBP movables NNS by IN prescription NN of IN law NN . SENT Those DT shares NNS or CC interests NNS shall MD be VB deemed VVN movables NNS with IN regard NN to TO each DT shareholder NN only RB , , as RB long RB as IN the DT concern NN lasts VVZ . SENT Perpetual JJ or CC life NN annuities NNS , , either CC from IN the DT State NP or CC private JJ individuals NNS , , are VBP also RB movables NNS by IN prescription NN of IN law NN . SENT Art NN . SENT 530 CD Any DT annuity NN established VVN in IN perpetuity NN for IN the DT price NN of IN sale NN of IN an DT immovable JJ , , or CC as IN condition NN to TO a DT conveyance NN , , for IN value NN or CC gratuitous JJ , , of IN an DT immovable JJ tenement NN , , is VBZ essentially RB redeemable JJ . SENT A DT creditor NN may MD nevertheless RB regulate VV the DT terms NNS and CC conditions NNS of IN the DT redemption NN . SENT He PP may MD also RB stipulate VV that IN the DT annuity NN may MD be VB redeemed VVN only RB after IN a DT certain JJ time NN , , which WDT may MD never RB exceed VV thirty CD years NNS . SENT any DT stipulation NN to TO the DT contrary NN is VBZ void JJ . SENT Art NN . SENT 531 CD Boats NNS , , ferry NN boats NNS , , ships NNS , , floating VVG mills NNS and CC baths NNS , , and CC generally RB all DT works NNS which WDT are VBP not RB fastened VVN to TO pillars NNS and CC do VVP not RB form VV part NN of IN a DT house NN , , are VBP movables NNS . SENT a DT seizure NN of IN some DT of IN these DT things NNS may MD however RB , , owing VVG to TO their PP$ importance NN , , be VB subject JJ to TO certain JJ special JJ proceedings NNS , , as RB explained VVD in IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 532 CD Materials NPS coming VVG from IN the DT demolition NN of IN a DT building NN , , those DT gathered VVN for IN erecting VVG a DT new JJ one NN , , are VBP movables NNS until IN they PP are VBP used VVN by IN a DT worker NN in IN building NN operations NNS . SENT Art NN . SENT 533 CD The DT word NN movable NN , , used VVN alone RB in IN provisions NNS of IN law NN or CC of IN man NN , , without IN any DT other JJ addition NN or CC designation NN , , does VVZ not RB include VV ready JJ money NN , , precious JJ stones NNS , , credits NNS , , books NNS , , medals NNS , , instruments NNS of IN sciences NNS , , arts NNS and CC professions NNS , , clothing NN , , horses NNS , , carriages NNS , , weapons NNS , , grain NN , , wine NN , , hay NN and CC other JJ commodities NNS . SENT neither DT does VVZ it PP include VVP what WP is VBZ involved VVN in IN a DT business NN . SENT Art NN . SENT 534 CD The NP words NNS furnishing VVG movables NNS include VVP only JJ movables NNS intended VVN for IN use NN and CC ornamentation NN of IN apartments NNS , , such JJ as IN tapestries NNS , , beds NNS , , seats NNS , , mirrors VVZ , , clocks NNS , , tables NNS , , china NN and CC other JJ articles NNS of IN such JJ kind NN . SENT Pictures NNS and CC statues NNS that IN form NN part NN of IN the DT furniture NN of IN an DT apartment NN are VBP also RB included VVN therein RB , , but CC not RB collections NNS of IN pictures NNS which WDT may MD be VB in IN galleries NNS or CC special JJ rooms NNS . SENT It PP shall MD be VB likewise RB of IN china NN . SENT only RB that IN which WDT is VBZ part NN of IN the DT decoration NN of IN an DT apartment NN is VBZ included VVN under IN the DT denomination NN of IN furnishing VVG movables NNS . SENT Art NN . SENT 535 CD The DT expression NN movable NN property NN , , that WDT of IN furniture NN or CC movable JJ effects NNS include VVP generally RB every DT thing NN which WDT is VBZ deemed VVN to TO be VB a DT movable NN according VVG to TO the DT rules NNS above IN set NN forth RB . SENT Art NN . SENT 536 CD A NP sale NN or CC gift NN of IN a DT house NN , , with IN all DT that WDT is VBZ found VVN therein RB , , does VVZ nor CC include VVP ready JJ money NN , , or CC credits NNS and CC other JJ rights NNS whose WP$ instruments NNS of IN title NN may MD have VH been VBN deposited VVN in IN the DT house NN . SENT all DT other JJ movable JJ effects NNS are VBP included VVN . SENT CHAPTER NN III NP OF IN PROPERTY NN IN IN ITS PP$ RELATIONS NNS WITH IN THOSE DT WHO WP OWN VVP IT PP Art NN . SENT 537 CD Private JJ individuals NNS have VHP the DT free JJ disposal NN of IN property NN which WDT belongs VVZ to TO them PP , , subject JJ to TO the DT modifications NNS established VVN by IN legislation NN . SENT Property NN which WDT does VVZ not RB belong VV to TO private JJ individuals NNS is VBZ administered VVN and CC may MD be VB transferred VVN only RB in IN the DT forms NNS and CC according VVG to TO the DT rules NNS which WDT are VBP peculiar JJ to TO it PP . SENT Art NN . SENT 538 CD Ways NNS , , roads NNS and CC streets NNS of IN which WDT the DT State NN is VBZ in IN charge NN , , navigable JJ or CC floatable JJ rivers NNS and CC streams NNS , , beaches NNS , , foreshore NN , , ports NNS , , harbours NNS , , anchorages NNS and CC generally RB all DT parts NNS of IN French JJ territory NN which WDT are VBP not RB capable JJ of IN private JJ ownership NN are VBP deemed VVN to TO be VB dependencies NNS of IN the DT Public NP Domain NN . SENT Art NN . SENT 539 CD All DT property NN without IN a DT claimant NN and CC a DT master NN , , and CC that IN of IN private JJ persons NNS who WP die VVP without IN heirs NNS or CC whose WP$ successions NNS are VBP abandoned VVN , , belong VVP to TO the DT Public NP Domain NN . SENT Art NN . SENT 540 CD The NP gates NNS , , walls NNS , , ditches NNS and CC battlements NNS of IN fortified VVN places NNS and CC fortresses NNS , , are VBP also RB part NN of IN the DT Public NP Domain NN . SENT Art NN . SENT 541 CD It PP shall MD be VB likewise RB with IN lands NNS , , fortifications NNS and CC battlements NNS of IN places NNS which WDT are VBP no RB longer RBR fortified VVN places NNS . SENT they PP belong VVP to TO the DT State NN , , unless IN they PP have VHP been VBN lawfully RB transferred VVN , , or CC ownership NN has VHZ been VBN acquired VVN by IN prescription NN against IN it PP . SENT Art NN . SENT 542 CD Common JJ property NN is VBZ that DT to IN whose WP$ ownership NN or CC revenue NN the DT inhabitants NNS or CC one NN or CC several JJ communes NNS have VHP a DT vested JJ right NN . SENT Art NN . SENT 543 CD One CD may MD have VH a DT right NN of IN ownership NN , , or CC a DT mere JJ right NN of IN enjoyment NN , , or CC only RB land NN services NNS to TO be VB claimed VVN on IN property NN . SENT TITLE NN II NP OF IN OWNERSHIP NN Art NN . SENT 544 CD Ownership NN is VBZ the DT right NN to TO enjoy VV and CC dispose VV of IN things NNS in IN the DT most RBS absolute JJ manner NN , , provided VVD they PP are VBP not RB used VVN in IN a DT way NN prohibited VVN by IN statutes NNS or CC regulations NNS . SENT Art NN . SENT 545 CD No RB one PP may MD be VB compelled VVN to TO yield VV his PP$ ownership NN , , unless IN for IN public JJ purposes NNS and CC for IN a DT fair JJ and CC previous JJ indemnity NN . SENT Art NN . SENT 546 CD Ownership NN of IN a DT thing NN , , either CC movable JJ or CC immovable JJ , , gives VVZ a DT right NN to TO everything NN it PP produces VVZ and CC to TO what WP is VBZ accessorily RB united VVN to TO it PP , , either CC naturally RB or CC artificially RB . SENT That DT right NN is VBZ called VVN right RB of IN accession NN . SENT CHAPTER NN I NN OF IN THE DT RIGHT NN OF IN ACCESSION NN TO TO WHAT WP IS VBZ PRODUCED VVN BY IN A DT THING NN Art NN . SENT 547 CD Natural JJ or CC cultural JJ fruit NN of IN the DT land NN . SENT Revenues NNS . SENT Increase NN in IN stock NN , , belong VVP to TO the DT owner NN by IN right NN of IN accession NN . SENT Art NN . SENT 548 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD Fruit NP produced VVN by IN a DT thing NN belong VVP to TO the DT owner NN only RB on IN condition NN that IN he PP repays VVZ the DT costs NNS of IN ploughing VVG , , works NNS and CC seeds NNS incurred VVN by IN third JJ parties NNS and CC whose WP$ value NN must MD be VB assessed VVN at IN the DT date NN of IN repayment NN . SENT Art NN . SENT 549 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD A DT mere JJ possessor NN makes NNS fruits VVZ his PP$ own JJ only RB where WRB he PP possesses VVZ in IN good JJ faith NN . SENT If IN not RB , , he PP is VBZ bound VVN to TO restore VV the DT products NNS with IN the DT thing NN to TO the DT owner NN who WP claims VVZ it PP . SENT where WRB the DT said VVD products NNS are VBP not RB found VVN in IN kind NN , , their PP$ value NN must MD be VB appraised VVN at IN the DT date NN of IN repayment NN . SENT Art NN . SENT 550 CD A NP possessor NN is VBZ in IN good JJ faith NN where WRB he PP possesses VVZ as IN owner NN , , under IN an DT instrument NN of IN transfer NN of IN whose WP$ defects NNS he PP does VVZ not RB know VV . SENT He PP ceases VVZ to TO be VB in IN good JJ faith NN from IN the DT time NN those DT defects NNS are VBP known VVN to TO him PP . SENT CHAPTER NN II NP OF IN THE DT RIGHT NN OF IN ACCESSION NN TO TO WHAT WDT UNITES VVZ OR CC INCORPORATES VVZ ITSELF PP WITH IN A DT THING NN Art NN . SENT 551 CD Everything NN which WDT unites VVZ and CC incorporates VVZ itself PP with IN a DT thing NN belongs VVZ to TO the DT owner NN , , according VVG to TO the DT rules NNS hereafter RB laid VVN down RP . SENT Section NN I NN Of IN the DT Right NP of IN Accession NN Relating VVG to TO Immovable JJ Things NNS Art NN . SENT 552 CD Ownership NN of IN the DT ground NN involves VVZ ownership NN of IN what WP is VBZ above IN and CC below IN it PP . SENT An DT owner NN may MD make VV above IN all PDT the DT plantings NNS and CC constructions NNS which WDT he PP deems VVZ proper JJ , , unless IN otherwise RB provided VVN for IN in IN the DT Title NN Of IN Servitudes NNS or CC Land NP Services NPS . SENT He PP may MD make VV below IN all DT constructions NNS and CC excavations NNS which WDT he PP deems VVZ proper JJ and CC draw VV from IN these DT excavations NNS all PDT the DT products NNS which WDT they PP can MD give VV , , subject JJ to TO the DT limitations NNS resulting VVG from IN statutes NNS and CC regulations NNS relating VVG to TO mines NNS and CC from IN police NN statutes NNS and CC regulations NNS . SENT Art NN . SENT 553 CD All NP constructions NNS , , plantings NNS and CC works NNS on IN or CC inside IN a DT piece NN of IN land NN are VBP presumed VVN made VVN by IN the DT owner NN , , at IN his PP$ expenses NNS and CC belonging VVG to TO him PP , , unless IN the DT contrary NN is VBZ proved VVN . SENT without IN prejudice NN to TO the DT ownership NN , , either CC of IN an DT underground JJ gallery NN under IN a DT building NN of IN another DT , , or CC of IN any DT other JJ part NN of IN the DT building NN , , which WDT a DT third JJ party NN may MD have VH acquired VVN or CC may MD acquire VV by IN prescription NN Art NN . SENT 554 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD An DT owner NN of IN the DT ground NN who WP made VVD constructions NNS , , plantings NNS and CC works NNS with IN materials NNS which WDT did VVD not RB belong VV to TO him PP , , shall MD pay VV the DT value NN of IN them PP , , appraised VVN at IN the DT date NN of IN payment NN . SENT he PP may MD also RB be VB ordered VVN to TO pay VV damages NNS , , if IN there EX is VBZ occasion NN . SENT but CC the DT owner NN of IN the DT materials NNS may MD not RB remove VV them PP . SENT Art NN . SENT 555 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD Where WRB plantings NNS , , constructions NNS or CC works NNS were VBD made VVN by IN a DT third JJ party NN and CC with IN materials NNS belonging VVG to TO the DT latter NN , , the DT owner NN of IN the DT tenement NN has VHZ the DT right NN , , subject JJ to TO the DT provisions NNS of IN paragraph NN 4 CD , , either CC to TO keep VV the DT ownership NN of IN them PP , , or CC to TO compel VV the DT third JJ party NN to TO remove VV them PP . SENT Where WRB the DT owner NN of IN the DT tenement NN requires VVZ to TO have VH the DT constructions NNS , , plantings NNS or CC works NNS suppressed VVD , , it PP shall MD be VB done VVN at IN the DT expense NN of IN the DT third JJ party NN , , and CC without IN any DT compensation NN for IN him PP . SENT the DT third JJ party NN may MD furthermore RB be VB ordered VVN to TO pay VV damages NNS for IN loss NN which WDT the DT owner NN of IN the DT tenement NN may MD have VH suffered VVN . SENT Where WRB the DT owner NN of IN the DT tenement NN prefers VVZ to TO keep VV ownership NN of IN the DT constructions NNS , , plantings NNS or CC works NNS , , he PP must MD , , at IN his PP$ choice NN , , repay VV the DT third JJ party NN either CC a DT sum NN equal JJ to TO that DT by IN which WDT the DT tenement NN has VHZ increased VVN in IN value NN , , or CC the DT cost NN of IN the DT materials NNS and CC the DT price NN of IN the DT labour NN appraised VVN at IN the DT date NN of IN repayment NN , , account NN being VBG taken VVN of IN the DT condition NN in IN which WDT the DT said VVN plantings NNS , , constructions NNS or CC works NNS are VBP . SENT Where WRB the DT plantings NNS , , constructions NNS or CC works NNS were VBD made VVN by IN an DT evinced VVN third JJ party NN who WP would MD not RB have VH been VBN liable JJ to TO restoring VVG the DT fruits NNS owing VVG to TO his PP$ good JJ faith NN , , the DT owner NN may MD not RB insist VV on IN the DT suppression NN of IN the DT said VVN works NNS , , constructions NNS and CC plantations NNS , , but CC he PP has VHZ the DT choice NN to TO repay VV the DT third JJ party NN either CC of IN the DT sums NNS referred VVD to TO in IN the DT preceding JJ paragraph NN . SENT Art NN . SENT 556 CD Deposits NNS and CC accretions NNS which WDT gather VVP successively RB and CC imperceptibly RB in IN tenements NNS on IN the DT bank NN of IN a DT river NN or CC stream NN are VBP called VVN alluvion NN . SENT Alluvion NN benefits NNS to TO the DT riparian JJ owner NN , , whether IN it PP be VB a DT question NN of IN a DT river NN or CC of IN a DT stream NN navigable JJ , , floatable JJ or CC not RB . SENT on IN condition NN , , in IN the DT first JJ case NN , , that WDT he PP leaves VVZ a DT footpath NN or CC towing VVG path NN , , in IN accordance NN with IN regulations NNS . SENT Art NN . SENT 557 RB The DT same JJ rule NN shall MD apply VV to TO sandbanks NNS formed VVN by IN running VVG water NN which WDT withdraws VVZ insensibly RB from IN one CD of IN its PP$ banks NNS and CC proceeds NNS onto IN the DT other JJ . SENT the DT owner NN of IN the DT uncovered VVN bank NN profits NNS from IN the DT alluvion NN , , without IN the DT riparian JJ owner NN of IN the DT opposite JJ side NN being VBG allowed VVN to TO claim VV the DT land NN which WDT he PP has VHZ lost VVN . SENT That DT right NN does VVZ not RB arise VV with IN regard NN to TO foreshore NN . SENT Art NN . SENT 558 CD Alluvion NN does VVZ not RB arise VV with IN regard NN to TO lakes NNS and CC ponds NNS , , whose WP$ owner NN always RB keeps VVZ the DT land NN covered VVN by IN the DT water NN when WRB it PP reaches VVZ the DT level NN of IN the DT outlet NN of IN the DT pond NN , , even RB where WRB the DT volume NN of IN water NN decreases NNS . SENT Reciprocally RB , , the DT owner NN of IN a DT pond NN does VVZ not RB acquire VV any DT right NN to TO the DT riparian JJ lands NNS which WDT its PP$ water NN happens VVZ to TO cover VV during IN extraordinary JJ floods NNS . SENT Art NN . SENT 559 CD Where WRB a DT river NN or CC stream NN , , navigable JJ or CC not RB , , removes VVZ by IN a DT sudden JJ drift NN a DT considerable JJ and CC recognizable JJ part NN of IN a DT riparian JJ field NN and CC carries VVZ it PP towards IN a DT lower JJR field NN or CC to TO the DT opposite JJ bank NN , , the DT owner NN of IN the DT part NN removed VVN may MD claim VV his PP$ property NN . SENT but CC he PP is VBZ compelled VVN to TO file VV his PP$ claim NN within IN one CD year NN . SENT after IN that DT period NN , , it PP will MD no RB longer RBR be VB admissible JJ , , unless IN the DT owner NN of IN the DT field NN to TO which WDT the DT part NN removed VVD has VHZ been VBN joined VVN has VHZ not RB yet RB taken VVN possession NN of IN it PP . SENT Art NN . SENT 560 CD Islands NPS , , islets NNS , , deposits NNS which WDT gather VVP in IN the DT beds NNS of IN rivers NNS or CC of IN navigable JJ or CC floatable JJ streams NNS belong VVP to TO the DT State NN , , unless IN there EX is VBZ an DT instrument NN of IN title NN or CC prescription NN to TO the DT contrary NN . SENT Art NN . SENT 561 CD Islands NPS and CC deposits NNS which WDT gather VVP in IN streams NNS not RB navigable JJ nor CC floatable JJ belong VVP to TO the DT riparian JJ owners NNS on IN the DT side NN where WRB the DT island NN gathered VVD . SENT where WRB the DT island NN has VHZ not RB gathered VVN on IN one CD side NN , , it PP belongs VVZ to TO riparian JJ owners NNS of IN both DT sides NNS , , beginning VVG from IN a DT line NN supposedly RB drawn VVN in IN the DT middle NN of IN the DT river NN . SENT Art NN . SENT 562 CD Where WRB a DT stream NN or CC river NN , , in IN forming VVG a DT new JJ arm NN , , cuts VVZ off RP and CC surrounds VVZ a DT field NN of IN a DT riparian JJ owner NN and CC makes VVZ an DT island NN of IN it PP , , that DT owner NN keeps VVZ the DT ownership NN of IN his PP$ field NN , , although IN the DT island NN gathered VVN in IN a DT river NN or CC a DT stream NN navigable JJ or CC floatable JJ . SENT Art NN . SENT 563 CD Act NP of IN 8 CD April NP 1898 CD Where WRB a DT river NN or CC a DT stream NN navigable JJ or CC floatable JJ forms NNS a DT new JJ course NN by IN abandoning VVG its PP$ former JJ bed NN , , the DT riparian JJ owners NNS may MD acquire VV ownership NN of IN that DT former JJ bed NN , , each DT one NN in IN his PP$ own JJ right NN until IN a DT line NN supposedly RB drawn VVN in IN the DT middle NN of IN the DT stream NN . SENT The DT price NN of IN the DT former JJ bed NN must MD be VB fixed VVN by IN experts NNS appointed VVN by IN the DT president NN of IN the DT court NN of IN the DT location NN of IN the DT land NN , , on IN request NN of IN the DT pr NN fet NN of IN the DT d NN partement NN . SENT Where WRB the DT riparian JJ owners NNS fail VVP to TO declare VV , , within IN three CD months NNS of IN the DT notice NN served VVD upon IN them PP by IN the DT pr NN fet NN , , their PP$ intention NN to TO purchase VV at IN the DT prices NNS fixed VVN by IN the DT experts NNS , , the DT conveyance NN of IN the DT ancient JJ bed NN must MD be VB made VVN under IN the DT rules NNS which WDT govern VVP alienation NN of IN the DT domain NN of IN the DT State NP . SENT The DT proceeds NNS of IN the DT sale NN shall MD be VB distributed VVN as IN a DT compensation NN to TO the DT owners NNS of IN the DT tenements NNS filled VVN by IN the DT new JJ course NN in IN proportion NN to TO the DT value NN of IN the DT ground NN taken VVN from IN each DT of IN them PP . SENT Art NN . SENT 564 CD Pigeons NNS , , rabbits NNS , , fishes NNS which WDT go VVP to TO another DT pigeon NN house NN , , warren NN or CC stretch NN of IN water NN referred VVD to TO in IN Articles NNS 432 CD and CC 433 CD L NP . SENT 231 CD 6 CD and CC L NP . SENT 231 CD 7 CD of IN the DT Rural NP Code NP Act NP n NN 84 CD 512 CD of IN 29 CD June NP 1984 CD , , belong VVP to TO the DT owner NN of IN these DT things NNS , , provided VVN that IN they PP were VBD not RB attracted VVN by IN fraud NN or CC guile NN . SENT Section NP II NP Of IN the DT Right NP of IN Accession NN Relating VVG to TO Movable JJ Things NNS Art NN . SENT 565 CD Where WRB the DT right NN of IN accession NN applies VVZ to TO two CD movable JJ things NNS belonging VVG to TO two CD different JJ masters NNS , , it PP depends VVZ entirely RB on IN the DT principles NNS of IN natural JJ equity NN . SENT The DT following VVG rules NNS will MD serve VV as IN examples NNS to TO the DT judge NN to TO make VV up RP his PP$ mind NN , , in IN unforeseen JJ situations NNS , , according VVG to TO the DT circumstances NNS of IN the DT case NN . SENT Art NN . SENT 566 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD Where WRB two CD things NNS belonging VVG to TO different JJ masters NNS , , which WDT have VHP been VBN so RB joined VVN as RB to TO form VV one CD whole NN , , are VBP nevertheless RB separable JJ , , so RB that IN one PP may MD subsist VV without IN the DT other JJ , , the DT whole NN belongs VVZ to TO the DT master NN of IN the DT thing NN which WDT forms VVZ the DT main JJ part NN , , subject JJ to TO the DT obligation NN of IN paying VVG to TO the DT other JJ the DT value NN , , appraised VVN at IN the DT date NN of IN payment NN , , of IN the DT thing NN which WDT has VHZ been VBN jopined VVN . SENT Art NN . SENT 567 CD The DT part NN to TO which WDT the DT other JJ has VHZ been VBN joined VVN only RB for IN the DT use NN , , ornamentation NN or CC completion NN of IN the DT first JJ is VBZ deemed VVN the DT main JJ part NN . SENT Art NN . SENT 568 CD Where WRB , , however RB , , the DT thing NN joined VVN is VBZ of IN much RB more JJR value NN than IN the DT main JJ thing NN and CC where WRB it PP was VBD used VVN without IN the DT knowledge NN of IN the DT owner NN , , the DT latter NN may MD request VV that IN the DT thing NN joined VVN be VB separated VVN in IN order NN to TO be VB returned VVN to TO him PP , , even RB where WRB there EX may MD result VV some DT deterioration NN of IN the DT thing NN to TO which WDT it PP has VHZ been VBN joined VVN . SENT Art NN . SENT 569 CD Where WRB of IN two CD things NNS joined VVD to TO form VV one CD whole NN , , one NN cannot NN be VB considered VVN as IN the DT accessory JJ of IN the DT other JJ , , that IN one PP is VBZ deemed VVN the DT main NN which WDT has VHZ the DT greater JJR value NN , , or CC the DT greater JJR volume NN where WRB the DT values NNS are VBP approximately RB equal JJ . SENT Art NN . SENT 570 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD Where WRB a DT craftsman NN or CC any DT person NN whatever WDT has VHZ used VVN material NN which WDT did VVD not RB belong VV to TO him PP to TO make VV a DT thing NN of IN a DT new JJ kind NN , , whether IN the DT material NN can MD resume VV its PP$ original JJ form NN or CC not RB , , he PP who WP was VBD the DT owner NN of IN it PP has VHZ the DT right NN to TO claim VV the DT thing NN made VVD out RP of IN it PP by IN repaying VVG the DT price NN of IN the DT labour NN appraised VVN at IN the DT date NN of IN repayment NN . SENT Art NN . SENT 571 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD Where WRB however RB the DT labour NN was VBD so RB important JJ that IN it PP greatly RB exceeds VVZ the DT value NN of IN the DT material NN used VVD , , the DT service NN will MD then RB be VB deemed VVN the DT main JJ part NN and CC the DT workman NN has VHZ the DT right NN to TO keep VV the DT thing NN wrought JJ , , by IN repaying VVG the DT owner NN the DT value NN of IN the DT material NN , , appraised VVN at IN the DT date NN of IN repayment NN . SENT Art NN . SENT 572 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD Where WRB a DT person NN has VHZ partly RB used VVN material NN which WDT belonged VVD to TO him PP and CC partly RB material NN which WDT did VVD not RB belong VV to TO him PP to TO make VV a DT thing NN of IN a DT new JJ kind NN , , without IN either RB of IN the DT two CD materials NNS being VBG entirely RB destroyed VVN , , but CC in IN such PDT a DT way NN that IN they PP cannot NN be VB separated VVN without IN inconvenience NN , , the DT thing NN is VBZ common JJ to TO the DT two CD owners NNS , , as RB to TO one CD , , on IN account NN of IN the DT material NN which WDT belonged VVD to TO him PP , , and CC as RB to TO the DT other JJ , , on IN account NN both CC of IN the DT material NN which WDT belonged VVD to TO him PP and CC of IN the DT price NN of IN his PP$ labour NN . SENT The DT price NN of IN the DT labour NN must MD be VB appraised VVN at IN the DT date NN of IN the DT auction NN sale NN provided VVD for IN in IN Article NP 575 CD . SENT Art NN . SENT 573 CD Where WRB a DT thing NN has VHZ been VBN formed VVN by IN a DT mingling VVG of IN several JJ materials NNS belonging VVG to TO different JJ owners NNS , , of IN which WDT none NN however RB can MD be VB considered VVN as IN the DT main JJ material NN , , if IN the DT materials NNS can MD be VB separated VVN , , he PP without IN whose WP$ knowledge NN the DT materials NNS have VHP been VBN mingled VVN may MD request VV that IN they PP be VB separated VVN . SENT Where WRB the DT materials NNS can MD no RB longer RBR be VB separated VVN without IN inconvenience NN , , they PP acquire VV ownership NN of IN them PP in IN common JJ , , in IN proportion NN to TO the DT quantity NN , , the DT quality NN and CC the DT value NN of IN the DT materials NNS belonging VVG to TO each DT of IN them PP . SENT Art NN . SENT 574 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD Where WRB the DT material NN belonging VVG to TO one CD of IN the DT owners NNS was VBD far RB superior JJ to TO the DT other JJ in IN quantity NN and CC price NN , , then RB the DT owner NN of IN the DT material NN superior JJ in IN value NN may MD request VV the DT thing NN resulting VVG from IN the DT mingling VVG , , by IN repaying VVG the DT other JJ the DT value NN of IN his PP$ material NN , , appraised VVN at IN the DT date NN of IN repayment NN . SENT Art NN . SENT 575 CD Where WRB a DT thing NN remains VVZ in IN common JJ between IN the DT owners NNS of IN the DT materials NNS from IN which WDT it PP has VHZ been VBN made VVN , , it PP must MD be VB sold VVN by IN auction NN for IN their PP$ common JJ benefit NN . SENT Art NN . SENT 576 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD In IN all DT cases NNS where WRB the DT owner NN whose WP$ material NN was VBD used VVN without IN his PP$ knowledge NN to TO make VV a DT thing NN of IN a DT different JJ kind NN may MD claim VV ownership NN of IN that DT thing NN , , he PP has VHZ the DT choice NN of IN requesting VVG restitution NN of IN his PP$ material NN in IN the DT same JJ kind NN , , quantity NN , , weight NN , , measure NN and CC good JJ quality NN , , or CC its PP$ value NN appraised VVN at IN the DT date NN of IN restitution NN . SENT Art NN . SENT 577 RB Those DT who WP have VHP made VVN use NN of IN materials NNS belonging VVG to TO others NNS , , and CC without IN their PP$ knowledge NN , , may MD also RB be VB ordered VVN to TO pay VV damages NNS , , if IN there EX is VBZ occasion NN , , without IN prejudice NN to TO criminal JJ prosecution NN , , if IN need MD be VB . SENT TITLE NN III NP OF IN USUFRUCT NN , , OF IN USE NN AND CC OF IN HABITATION NN CHAPTER NN I NN OF IN USUFRUCT NN Art NN . SENT 578 CD Usufruct NN is VBZ the DT right NN to TO enjoy VV things NNS of IN which WDT another DT has VHZ ownership NN in IN the DT same JJ manner NN as IN the DT owner NN himself PP , , but CC on IN condition NN that IN their PP$ substance NN be VB preserved VVN . SENT Art NN . SENT 579 CD Usufruct NN is VBZ established VVN by IN law NN or CC by IN a DT person's NNS wish VVP . SENT Art NN . SENT 580 CD Usufruct NN may MD be VB established VVN outright RB , , or CC at IN a DT certain JJ date NN , , or CC conditionally RB . SENT Art NN . SENT 581 CD It PP may MD be VB established VVN on IN any DT kind NN of IN movable JJ and CC immovable JJ property NN . SENT Section NN I NN Of IN the DT Rights NPS of IN a DT Usufructuary NP Art NP . SENT 582 CD A NP usufructuary NN has VHZ the DT right NN to TO enjoy VV all DT kinds NNS of IN fruits NNS , , either CC natural JJ or CC cultural JJ , , or CC revenues NNS , , which WDT the DT thing NN of IN which WDT he PP has VHZ the DT usufruct NN can MD produce VV . SENT Art NN . SENT 583 CD Natural JJ fruits NNS are VBP those DT which WDT are VBP the DT spontaneous JJ product NN of IN the DT earth NN . SENT The DT produce NN and CC increase NN of IN animals NNS are VBP also RB natural JJ fruits NNS . SENT Cultural JJ fruits NNS of IN a DT tenement NN are VBP those DT which WDT are VBP obtained VVN by IN cultivation NN . SENT Art NN . SENT 584 CD Revenues NNS are VBP rents NNS of IN houses NNS , , interests NNS on IN sums NNS due JJ , , arrears NNS of IN annuities NNS . SENT Prices NNS of IN farming NN leases NNS are VBP also RB included VVN in IN the DT class NN of IN revenues NNS . SENT Art NN . SENT 585 CD Natural JJ and CC cultural JJ fruits NNS , , hanging VVG from IN branches NNS or CC roots NNS when WRB a DT usufruct NN begins VVZ , , belong VVP to TO the DT usufructuary NN . SENT Those DT which WDT are VBP in IN the DT same JJ condition NN when WRB the DT usufruct NN comes VVZ to TO an DT end NN , , belong VVP to TO the DT owner NN , , without IN compensation NN on IN either DT side NN for IN ploughing VVG and CC seeds NNS , , but CC also RB without IN prejudice NN to TO the DT portion NN of IN the DT fruits NNS which WDT may MD be VB acquired VVN by IN a DT tenant NN paying VVG rent NN in IN kind NN who WP may MD be VB there RB at IN the DT beginning NN or CC at IN the DT termination NN of IN the DT usufruct NN . SENT Art NN . SENT 586 CD Revenues NNS are VBP deemed VVN to TO be VB acquired VVN day NN by IN day NN , , and CC belong VVP to TO the DT usufructuary NN in IN proportion NN to TO the DT duration NN of IN his PP$ usufruct NN . SENT This DT rule NN shall MD apply VV to TO proceeds NNS of IN farming NN leases NNS , , as RB well RB as IN to TO rents NNS of IN houses NNS and CC other JJ revenues NNS . SENT Art NN . SENT 587 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD Where WRB a DT usufruct NN includes VVZ things NNS which WDT cannot NN be VB used VVN without IN being VBG consumed VVN , , such JJ as IN money NN , , grain NN , , liquors NNS , , a DT usufructuary NN has VHZ the DT right NN to TO use VV them PP , , but CC with IN the DT responsibility NN of IN returning VVG , , at IN the DT end NN of IN the DT usufruct NN , , either CC things NNS of IN the DT same JJ quantity NN and CC quality NN or CC their PP$ value NN appraised VVN at IN the DT time NN of IN restitution NN . SENT Art NN . SENT 588 CD A DT usufruct NN of IN a DT life NN annuity NN also RB gives VVZ the DT usufructuary NN , , during IN the DT duration NN of IN his PP$ usufruct NN , , the DT right NN to TO collect VV arrearages NNS of IN it PP , , without IN being VBG liable JJ to TO any DT restitution NN . SENT Art NN . SENT 589 CD Where WRB a DT usufruct NN includes VVZ things NNS which WDT , , without IN being VBG consumed VVN at IN once RB , , deteriorate VVP gradually RB , , such JJ as IN clothes NNS or CC furnishing VVG movables NNS , , the DT usufructuary NN has VHZ the DT right NN to TO make VV use NN of IN them PP for IN the DT use NN to TO which WDT they PP are VBP intended VVN and CC is VBZ only RB bound VVN to TO return VV them PP at IN the DT end NN of IN the DT usufruct NN in IN the DT condition NN in IN which WDT they PP are VBP , , not RB deteriorated VVN through IN his PP$ intentional JJ wrong JJ or CC fault NN . SENT Art NN . SENT 590 CD Where WRB a DT usufruct NN includes VVZ underwood NN , , a DT usufructuary NN is VBZ bound VVN to TO respect VV the DT order NN and CC quota NN of IN cuttings NNS , , in IN accordance NN with IN the DT parcelling VVG or CC the DT uniform JJ usage NN of IN the DT owners NNS . SENT without IN however RB compensation NN in IN favour NN of IN the DT usufructuary NN or CC of IN his PP$ heirs NNS , , for IN ordinary JJ cuttings NNS , , either CC of IN coppice NN , , or CC of IN staddles NNS , , or CC of IN forest NN trees NNS that WDT were VBD not RB done VVN during IN his PP$ enjoyment NN . SENT Trees NNS which WDT can MD be VB removed VVN from IN a DT tree NN nursery NN without IN damaging VVG it PP , , form VV part NN of IN a DT usufruct NN only RB on IN condition NN for IN the DT usufructuary NN of IN complying VVG with IN the DT usages NNS of IN the DT place NN in IN replacing VVG them PP . SENT Art NN . SENT 591 CD A NP usufructuary NN also RB benefits VVZ , , always RB by IN observing VVG the DT periods NNS and CC usages NNS of IN the DT former JJ owners NNS , , by IN the DT parts NNS of IN woods NNS of IN timber NN trees NNS in IN which WDT periodical JJ cuttings NNS are VBP made VVN , , whether IN those DT cuttings NNS are VBP made VVN periodically RB over IN a DT certain JJ extent NN of IN land NN , , or CC whether IN they PP are VBP made VVN of IN a DT certain JJ quantity NN of IN trees NNS taken VVN indiscriminately RB over IN the DT whole JJ surface NN of IN the DT property NN . SENT Art NN . SENT 592 CD In IN all DT other JJ cases NNS , , a DT usufructuary NN may MD not RB interfere VV with IN woods NNS of IN timber NN trees NNS . SENT he PP may MD only RB use VV the DT trees NNS which WDT have VHP been VBN uprooted VVN or CC broken VVN by IN accident NN to TO make VV the DT repairs NNS which WDT he PP is VBZ bound VVN to TO make VV . SENT he PP may MD even RB for IN that DT purpose NN have VHP trees NNS cut VVN down RP , , if IN necessary JJ , , provided VVD the DT necessity NN of IN so RB doing VVG is VBZ ascertained VVN with IN the DT owner NN . SENT Art NN . SENT 593 CD He PP may MD take VV vine NN props NNS in IN the DT woods NNS . SENT he PP may MD also RB take VV annual JJ or CC periodical JJ products NNS from IN the DT trees NNS . SENT all DT of IN which WDT being VBG done VVN according VVG to TO the DT usage NN of IN the DT country NN or CC the DT custom NN of IN the DT owners NNS . SENT Art NN . SENT 594 CD Fruit NP trees NNS which WDT die VVP , , even RB those DT which WDT are VBP uprooted VVN or CC broken VVN by IN accident NN , , belong VVP to TO the DT usufructuary NN , , subject JJ to TO the DT condition NN of IN replacing VVG them PP by IN others NNS . SENT Art NN . SENT 595 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD A DT usufructuary NN may MD enjoy VV by IN himself PP , , give VV on IN lease NN to TO another DT , , even RB sell VV or CC transfer VV his PP$ right NN gratuitously RB . SENT Leases NNS that IN a DT usufructuary NN made VVD alone RB for IN a DT period NN exceeding VVG nine CD years NNS are VBP , , in IN case NN of IN termination NN of IN the DT usufruct NN , , binding VVG with IN regard NN to TO the DT bare JJ owner NN only RB for IN the DT time NN remaining VVG to TO run VV , , either CC of IN the DT first JJ period NN of IN nine CD years NNS where WRB the DT parties NNS are VBP still RB in IN it PP , , or CC of IN the DT second JJ period NN , , and CC so RB on IN in IN order NN that IN the DT lessee NN has VHZ only RB the DT right NN to TO conclude VV the DT enjoyment NN of IN the DT period NN of IN nine CD years NNS in IN which WDT he PP is VBZ . SENT Leases NNS of IN nine CD years NNS or CC under IN which WDT an DT usufructuary NN alone RB makes VVZ or CC renews VVZ more JJR than IN three CD years NNS before IN termination NN of IN a DT current JJ lease NN where WRB it PP relates VVZ to TO rural JJ property NN , , or CC more JJR than IN two CD years NNS before IN the DT same JJ time NN where WRB it PP relates VVZ to TO houses NNS , , are VBP without IN effect NN , , unless IN their PP$ performance NN began VVD before IN termination NN of IN the DT usufruct NN . SENT A DT usufructuary NN may MD not RB , , without IN the DT assistance NN of IN the DT bare JJ owner NN , , give VVP on RB lease VV a DT rural JJ tenement NN or CC an DT immovable JJ intended VVN for IN commercial JJ , , industrial JJ or CC craft NN use NN . SENT Failing VVG assent NN of IN the DT bare JJ owner NN , , a DT usufructuary NN may MD be VB authorized VVN by IN a DT court NN to TO do VV that DT transaction NN alone RB . SENT Art NN . SENT 596 CD A NP usufructuary NN enjoys VVZ the DT increase NN resulting VVG from IN alluvion NN to TO the DT thing NN of IN which WDT he PP has VHZ the DT usufruct NN . SENT Art NN . SENT 597 CD He PP enjoys VVZ the DT rights NNS of IN servitude NN , , of IN way NN and CC generally RB all DT rights NNS which WDT an DT owner NN may MD enjoy VV , , and CC he PP enjoys VVZ them PP in IN the DT same JJ way NN as IN the DT owner NN himself PP . SENT Art NN . SENT 598 CD He PP also RB enjoys VVZ , , in IN the DT same JJ way NN as IN the DT owner NN , , mines NNS and CC quarries NNS which WDT are VBP being VBG worked VVN when WRB the DT usufruct NN begins VVZ . SENT where WRB , , however RB , , a DT working NN which WDT may MD not RB be VB carried VVN on IN without IN a DT concession NN is VBZ concerned VVN , , a DT usufructuary NN may MD enjoy VV it PP only RB after IN gaining VVG permission NN from IN the DT President NP of IN the DT Republic NP . SENT He PP has VHZ no DT right NN to TO mines NNS and CC quarries NNS not RB yet RB opened VVN , , or CC to TO peat NN bogs NNS whose WP$ working NN has VHZ not RB yet RB begun VVN , , or CC to TO a DT treasure NN trove NN which WDT may MD be VB discovered VVN during IN the DT duration NN of IN the DT usufruct NN . SENT Art NN . SENT 599 CD An DT owner NN may MD not RB , , by IN his PP$ acts NNS or CC in IN any DT manner NN whatsoever RB , , injure VV the DT rights NNS of IN a DT usufructuary NN . SENT On IN his PP$ part NN , , a DT usufructuary NN may MD not RB , , on IN termination NN of IN the DT usufruct NN , , claim VVP any DT compensation NN for IN the DT improvements NNS which WDT he PP asserts VVZ to TO have VH made VVN , , even RB though IN the DT value NN of IN the DT thing NN has VHZ been VBN increased VVN thereby RB . SENT He PP or CC his PP$ heirs NNS may MD however RB remove VV mirrors NNS , , pictures NNS and CC other JJ ornaments NNS which WDT he PP may MD have VH set VVN up RP , , but CC provided VVD he PP restores VVZ the DT premises NNS to TO their PP$ former JJ condition NN . SENT Section NP II NP Of IN the DT Obligations NNS of IN a DT Usufructuary NP Art NP . SENT 600 CD A NP usufructuary NN takes VVZ things NNS in IN the DT condition NN in IN which WDT they PP are VBP . SENT but CC he PP may MD enter VV into IN enjoyment NN only RB after IN having VHG an DT inventory NN of IN the DT movables NNS and CC a DT statement NN as RB to TO the DT immovables NNS subject JJ to TO the DT usufruct NN drawn VVN up RP , , the DT owner NN being VBG present JJ or CC he PP having VHG been VBN duly RB summoned VVN . SENT Art NN . SENT 601 CD He PP shall MD give VV security NN to TO enjoy VV as IN a DT prudent JJ administrator NN , , unless IN he PP is VBZ dispensed VVD with IN by IN the DT instrument NN creating VVG the DT usufruct NN . SENT however RB , , the DT father NN and CC mother NN who WP have VHP the DT legal JJ usufruct NN of IN their PP$ children's JJ property NN , , a DT seller NN or CC donor NN who WP reserved VVD the DT usufruct NN , , are VBP not RB obliged VVN to TO give VV security NN . SENT Art NN . SENT 602 CD Where WRB a DT usufructuary NN does VVZ not RB find VV a DT security NN , , the DT immovables NNS shall MD be VB given VVN on IN lease NN or CC sequestered VVN . SENT Sums NNS included VVD in IN the DT usufruct NN shall MD be VB invested VVN . SENT Commodities NNS shall MD be VB sold VVN and CC the DT proceeds NNS arising VVG out RP of IN it PP shall MD be VB likewise RB invested VVN . SENT The DT interest NN on IN those DT sums NNS and CC the DT proceeds NNS of IN leases NNS shall MD belong VV in IN that DT case NN to TO the DT usufructuary NN . SENT Art NN . SENT 603 CD Failing NP a DT security NN on IN the DT part NN of IN a DT usufructuary NN , , an DT owner NN may MD demand VV that IN movables NNS which WDT fall VVP into IN decay NN through IN use NN be VB sold VVN , , and CC the DT proceeds NNS invested VVN like IN that DT of IN commodities NNS . SENT the DT usufructuary NN shall MD then RB enjoy VV the DT interest NN during IN his PP$ usufruct NN . SENT however RB , , a DT usufructuary NN may MD request VV , , and CC the DT judges NNS may MD order VV , , according VVG to TO the DT circumstances NNS , , that IN a DT part NN of IN the DT movables NNS necessary JJ for IN his PP$ use NN be VB left VVN to TO him PP , , on IN his PP$ own JJ mere JJ guarantee NN given VVN on IN oath NN , , and CC subject JJ to TO the DT condition NN of IN presenting VVG them PP again RB on IN termination NN of IN the DT usufruct NN . SENT Art NN . SENT 604 CD Delay NP in IN giving VVG security NN does VVZ not RB deprive VV a DT usufructuary NN of IN the DT fruits NNS to TO which WDT he PP may MD be VB entitled VVN . SENT they PP are VBP owed VVN to TO him PP from IN the DT time NN when WRB the DT usufruct NN began VVD . SENT Art NN . SENT 605 CD A NP usufructuary NN is VBZ only RB bound VVN to TO repairs NNS of IN maintenance NN . SENT Major JJ repairs NNS remain VVP the DT responsibility NN of IN the DT owner NN , , unless IN they PP were VBD occasioned VVN by IN the DT lack NN of IN repairs NNS of IN maintenance NN since IN the DT beginning NN of IN the DT usufruct NN . SENT in IN which WDT case NN the DT usufructuary NN is VBZ also RB liable JJ for IN them PP . SENT Art NN . SENT 606 CD Major JJ repairs NNS are VBP those DT to TO main JJ walls NNS and CC vaults NNS , , the DT restoring VVG of IN beams VVZ and CC of IN entire JJ coverings NNS . SENT That IN of IN dams NNS , , breast NN walls NNS and CC enclosing VVG walls NNS also RB in IN entirety NN . SENT All DT other JJ repairs NNS are VBP of IN maintenance NN . SENT Art NN . SENT 607 CD Neither CC an DT owner NN nor CC a DT usufructuary NN are VBP bound VVN to TO rebuild VV what WP has VHZ fallen VVN from IN decay NN or CC has VHZ been VBN destroyed VVN by IN a DT fortuitous JJ event NN . SENT Art NN . SENT 608 CD A NP usufructuary NN is VBZ liable JJ during IN his PP$ enjoyment NN for IN all PDT the DT annual JJ charges NNS upon IN the DT property NN , , such JJ as IN taxes NNS and CC others NNS which WDT , , according VVG to TO usage NN , , are VBP deemed VVN to TO be VB charges NNS on IN the DT fruits NNS . SENT Art NN . SENT 609 CD As RB to TO charges NNS that WDT may MD be VB imposed VVN upon IN the DT ownership NN for IN the DT duration NN of IN the DT usufruct NN , , an DT owner NN and CC a DT usufructuary NN contribute VVP to TO them PP as RB follows VVZ . SENT The DT owner NN is VBZ bound VVN to TO pay VV them PP and CC the DT usufructuary NN must MD account VV to TO him PP for IN interest NN . SENT Where WRB they PP are VBP advanced JJ by IN the DT usufructuary NN , , he PP may MD claim VV the DT capital NN at IN the DT end NN of IN the DT usufruct NN . SENT Art NN . SENT 610 CD A NP legacy NN , , made VVN by IN a DT testator NN , , of IN a DT life NN annuity NN or CC of IN periodical JJ payments NNS , , must MD be VB paid VVN wholly RB by IN the DT universal JJ legatee NN of IN the DT usufruct NN , , and CC by IN a DT legatee NN by IN universal JJ title NN of IN the DT usufruct NN in IN proportion NN to TO his PP$ enjoyment NN , , without IN any DT claiming VVG back NN on IN their PP$ part NN . SENT Art NN . SENT 611 CD A NP specific JJ usufructuary NN is VBZ not RB liable JJ for IN debts NNS for IN which WDT the DT tenement NN is VBZ mortgaged VVN . SENT where WRB he PP is VBZ compelled VVN to TO pay VV them PP , , he PP has VHZ a DT remedy NN against IN the DT owner NN , , subject JJ to TO what WP is VBZ provided VVN for IN in IN Article NP 1020 CD in IN the DT Title NN Of IN Gifts NNS Inter NP Vivos NP and CC of IN Wills NP . SENT Art NN . SENT 612 CD A NP usufructuary NN , , either CC universal JJ , , or CC by IN universal JJ title NN , , shall MD contribute VV with IN the DT owner NN to TO the DT payment NN of IN debts NNS as RB follows VVZ . SENT The DT value NN of IN the DT tenement NN subject NN to TO usufruct NN shall MD be VB appraised VVN . SENT the DT contribution NN to TO the DT debts NNS shall MD be VB then RB fixed VVN , , in IN accordance NN with IN that DT value NN . SENT Where WRB a DT usufructuary NN wishes VVZ to TO advance VV the DT sum NN for IN which WDT the DT tenement NN is VBZ liable JJ , , the DT capital NN shall MD be VB restored VVN to TO him PP at IN the DT end NN of IN the DT usufruct NN , , without IN any DT interest NN . SENT Where WRB a DT usufructuary NN does VVZ not RB wish VV to TO make VV that DT advance NN , , the DT owner NN has VHZ the DT choice NN either CC to TO pay VV that DT sum NN , , in IN which WDT case NN the DT usufructuary NN shall MD account VV to TO him PP for IN interest NN during IN the DT duration NN of IN the DT usufruct NN , , or CC to TO have VH a DT portion NN of IN the DT property NN subject NN to TO the DT usufruct NN sold VVN to TO the DT extent NN of IN the DT amount NN due RB . SENT Art NN . SENT 613 CD A NP usufructuary NN is VBZ obliged VVN to TO pay VV only RB the DT costs NNS of IN the DT suits NNS relating VVG to TO enjoyment NN and CC of IN the DT other JJ orders NNS to TO which WDT those DT suits NNS may MD give VV rise NN . SENT Art NN . SENT 614 CD Where WRB during IN the DT duration NN of IN an DT usufruct NN a DT third JJ party NN commits VVZ any DT encroachment NN upon IN the DT tenement NN , , or CC interferes VVZ in IN any DT other JJ way NN with IN the DT rights NNS of IN the DT owner NN , , the DT usufructuary NN is VBZ bound VVN to TO notify VV the DT latter NN thereof RB . SENT failing VVG which WDT , , he PP is VBZ liable JJ for IN all DT loss NN which WDT may MD result VV from IN it PP to TO the DT owner NN , , as IN he PP would MD be VB for IN dilapidations NNS committed VVN by IN himself PP . SENT Art NN . SENT 615 CD Where WRB an DT usufruct NN is VBZ established VVN only RB over IN an DT animal NN which WDT happens VVZ to TO die VV without IN the DT fault NN of IN the DT usufructuary NN , , the DT latter NN is VBZ not RB bound VVN to TO return VV another DT one NN , , or CC to TO pay VV an DT appraisal NN of IN it PP . SENT Art NN . SENT 616 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD Where WRB a DT herd NN upon IN which WDT a DT usufruct NN was VBD established JJ perishes VVZ entirely RB by IN accident NN or CC disease NN and CC without IN the DT fault NN of IN the DT usufructuary NN , , the DT latter NN is VBZ bound VVN to TO account VV to TO the DT owner NN only RB for IN the DT skins NNS , , or CC of IN their PP$ value NN appraised VVN at IN the DT date NN of IN restitution NN . SENT Where WRB the DT herd NN does VVZ not RB perish VV entirely RB , , the DT usufructuary NN is VBZ bound VVN to TO replace VV the DT heads NNS of IN the DT animals NNS that WDT have VHP perished VVN , , to TO the DT extent NN of IN the DT increase NN in IN stock NN . SENT Section NP III NP Of IN the DT Manner NP in IN which WDT a DT Usufruct NN comes VVZ to TO an DT End NP Art NP . SENT 617 CD A NP usufruct NN is VBZ extinguished VVN . SENT By IN the DT natural NN repealed VVN by IN implication NN death NN of IN the DT usufructuary NN . SENT By IN the DT expiry NN of IN the DT time NN for IN which WDT it PP was VBD granted VVN . SENT By IN the DT consolidation NN or CC vesting VVG in IN the DT same JJ person NN of IN the DT two CD capacities NNS of IN usufructuary NN and CC of IN owner NN . SENT By IN non JJ user NN of IN the DT right NN during IN thirty CD years NNS . SENT By IN the DT total JJ loss NN of IN the DT thing NN upon IN which WDT the DT usufruct NN was VBD established VVN . SENT Art NN . SENT 618 CD Usufruct NN may MD also RB cease VV through IN abuse NN which WDT a DT usufructuary NN makes VVZ of IN his PP$ enjoyment NN , , either CC by IN committing VVG dilapidations NNS upon IN the DT tenement NN , , or CC by IN allowing VVG it PP to TO decay NN for IN want NN of IN maintenance NN . SENT Creditors NNS of IN a DT usufructuary NN may MD intervene VV in IN controversies NNS , , for IN the DT preservation NN of IN their PP$ rights NNS . SENT they PP may MD offer VV to TO repair VV the DT dilapidations NNS committed VVN and CC to TO give VV guarantees NNS for IN the DT future NN . SENT Judges NNS may MD , , according VVG to TO the DT seriousness NN of IN the DT circumstances NNS , , order NN either CC the DT absolute JJ extinguishment NN of IN the DT usufruct NN , , or CC the DT re NN entry NN of IN the DT owner NN into IN the DT enjoyment NN of IN the DT thing NN subject NN thereto RB , , provided VVD that IN he PP pays VVZ annually RB to TO the DT usufructuary NN , , or CC to TO his PP$ assigns NNS , , a DT fixed JJ sum NN , , up RB to TO the DT time NN when WRB the DT usufruct NN should MD have VH ceased VVN . SENT Art NN . SENT 619 CD A NP usufruct NN which WDT is VBZ not RB granted VVN to TO private JJ individuals NNS may MD last VV only RB thirty CD years NNS . SENT Art NN . SENT 620 CD A NP usufruct NN granted VVN until IN a DT third JJ party NN reaches VVZ a DT fixed JJ age NN lasts VVZ until IN that DT time NN , , even RB though IN the DT third JJ party NN dies VVZ before IN the DT fixed JJ age NN . SENT Art NN . SENT 621 CD The DT sale NN of IN a DT thing NN subject NN to TO usufruct NN involves VVZ no DT change NN in IN the DT right NN of IN the DT usufructuary NN . SENT he PP continues VVZ to TO enjoy VV his PP$ usufruct NN unless IN he PP has VHZ formally RB waived VVN it PP . SENT Art NN . SENT 622 CD Creditors NNS of IN a DT usufructuary NN may MD have VH a DT waiver NN annulled VVD , , where WRB it PP was VBD prejudicial JJ to TO them PP . SENT Art NN . SENT 623 CD Where WRB a DT part NN only RB of IN a DT thing NN subject NN to TO usufruct NN is VBZ destroyed VVN , , usufruct NN is VBZ preserved VVN on IN what WP remains VVZ . SENT Art NN . SENT 624 CD Where WRB a DT usufruct NN is VBZ established VVN only RB on IN a DT building NN , , and CC that DT building NN is VBZ destroyed VVN by IN fire NN or CC other JJ accident NN , , or CC collapses VVZ from IN decay NN , , the DT usufructuary NN may MD not RB have VH the DT right NN to TO enjoy VV the DT ground NN or CC the DT materials NNS . SENT Where WRB the DT usufruct NN was VBD established VVN on IN an DT area NN of IN which WDT the DT building NN was VBD a DT part NN , , the DT usufructuary NN enjoys VVZ the DT ground NN and CC the DT materials NNS . SENT CHAPTER NN II NP OF IN USE NN AND CC OF IN HABITATION NN Art NN . SENT 625 CD Rights NNS of IN use NN and CC habitation NN are VBP established VVN and CC lost VVN in IN the DT same JJ manner NN as IN usufruct NN . SENT Art NN . SENT 626 CD They PP may MD not RB be VB enjoyed VVN unless IN security NN has VHZ been VBN previously RB given VVN , , and CC statements NNS and CC inventories NNS made VVD , , as RB in IN the DT case NN of IN usufruct NN . SENT Art NN . SENT 627 CD A NP user NN and CC a DT person NN having VHG a DT right NN of IN habitation NN shall MD enjoy VV like IN prudent JJ administrators NNS . SENT Art NN . SENT 628 CD Rights NNS of IN use NN and CC of IN habitation NN are VBP regulated VVN by IN the DT instruments NNS which WDT have VHP established VVN them PP and CC are VBP more JJR or CC less RBR extensive JJ , , depending VVG upon IN their PP$ provisions NNS . SENT Art NN . SENT 629 CD Where WRB an DT instrument NN does VVZ not RB make VV clear JJ the DT extent NN of IN these DT rights NNS , , they PP shall MD be VB regulated VVN as RB follows VVZ . SENT Art NN . SENT 630 CD A NP person NN who WP has VHZ the DT use NN of IN the DT fruits NNS of IN a DT tenement NN may MD only RB demand VV what WP is VBZ necessary JJ for IN his PP$ needs NNS and CC those DT of IN his PP$ family NN . SENT He PP may MD demand VV them PP even RB for IN the DT needs NNS of IN children NNS arrived VVN since IN the DT granting VVG of IN the DT use NN . SENT Art NN . SENT 631 CD A NP user NN may MD neither RB transfer VV nor CC lease VV his PP$ right NN to TO another DT person NN . SENT Art NN . SENT 632 CD He PP who WP has VHZ a DT right NN of IN habitation NN in IN a DT house NN , , may MD live VV there RB with IN his PP$ family NN , , even RB though IN he PP was VBD not RB married VVN at IN the DT time NN when WRB that DT right NN was VBD granted VVN to TO him PP . SENT Art NN . SENT 633 CD A DT right NN of IN habitation NN is VBZ restricted VVN to TO what WP is VBZ necessary JJ for IN the DT habitation NN of IN the DT person NN to TO whom WP that DT right NN is VBZ granted VVN , , and CC of IN his PP$ family NN . SENT Art NN . SENT 634 CD A DT right NN of IN habitation NN may MD not RB be VB transferred VVN or CC leased VVN . SENT Art NN . SENT 635 CD Where WRB an DT user NN takes VVZ all PDT the DT fruits NNS of IN a DT tenement NN , , or CC occupies VVZ the DT whole NN of IN a DT house NN , , he PP is VBZ subjected VVN to TO the DT expenses NNS of IN cultivation NN , , repairs NNS of IN maintenance NN and CC payment NN of IN taxes NNS , , like IN a DT usufructuary NN . SENT Where WRB he PP takes VVZ only RB a DT part NN of IN the DT fruits NNS or CC occupies VVZ only RB a DT part NN of IN a DT house NN , , he PP shall MD contribute VV in IN proportion NN to TO what WP he PP enjoys VVZ . SENT Art NN . SENT 636 CD Use NN of IN woods NNS and CC forests NNS is VBZ regulated VVN by IN a DT specific JJ legislation NN . SENT TITLE NN IV NP OF IN SERVITUDES NNS OR CC LAND NN SERVICES NNS Art NN . SENT 637 CD A NP servitude NN is VBZ a DT charge NN imposed VVN on IN an DT immovable JJ for IN the DT use NN and CC utility NN of IN another DT immovable JJ belonging VVG to TO another DT owner NN . SENT Art NN . SENT 638 CD A NP servitude NN may MD not RB establish VV any DT pre NP eminence NN of IN an DT immovable JJ over IN the DT other JJ . SENT Art NN . SENT 639 CD It PP results VVZ either RB from IN the DT natural JJ location NN of IN the DT premises NNS , , or CC from IN obligations NNS imposed VVN by IN statute NN , , or CC from IN agreements NNS between IN owners NNS . SENT CHAPTER NN I NN OF IN THE DT SERVITUDES NNS ORIGINATING VVG FROM IN THE DT SITUATION NN OF IN THE DT PREMISES NNS Art NN . SENT 640 CD Lower JJR tenements NNS are VBP subjected VVN to TO those DT which WDT are VBP higher JJR , , to TO receive VV waters NNS which WDT flow VVP naturally RB from IN them PP without IN the DT hand NN of IN man NN having VHG contributed VVN thereto RB . SENT A DT lower JJR owner NN may MD not RB raise VV dams NNS which WDT prevent VVP that DT flow NN . SENT An DT upper JJ owner NN may MD not RB do VV anything NN that WDT worsens VVZ the DT servitude NN of IN the DT lower JJR tenement NN . SENT Art NN . SENT 641 CD Act NP of IN 8 CD April NP 1898 CD An DT owner NN has VHZ the DT right NN to TO use VV and CC dispose VV of IN rainwater NN which WDT falls VVZ on IN his PP$ tenement NN . SENT Where WRB the DT use NN of IN those DT waters NNS or CC the DT course NN given VVN to TO them PP worsens VVZ the DT natural JJ servitude NN of IN flow NN established VVN by IN Article NP 640 CD , , a DT compensation NN is VBZ due JJ to TO the DT owner NN of IN the DT lower JJR tenement NN . SENT The DT same JJ provision NN shall MD apply VV to TO spring NN waters NNS originating VVG on IN a DT tenement NN . SENT Where WRB , , by IN borings NNS or CC subterranean JJ works NNS , , an DT owner NN causes VVZ waters NNS to TO rise VV from IN his PP$ tenement NN , , the DT owners NNS of IN lower JJR tenements NNS must MD receive VV them PP . SENT but CC they PP are VBP entitled VVN to TO compensation NN in IN case NN of IN loss NN resulting VVG from IN their PP$ flow NN . SENT Houses NNS , , courts NNS , , gardens NNS , , parks NNS and CC enclosures NNS adjoining JJ dwellings NNS may MD not RB be VB subjected VVN to TO any DT worsening NN of IN the DT servitude NN of IN flow NN in IN the DT cases NNS provided VVN for IN in IN the DT preceding JJ paragraphs NNS . SENT Controversies NNS which WDT the DT establishment NN and CC exercise NN of IN the DT servitudes NNS provided VVN for IN by IN these DT paragraphs NNS may MD give VV rise VV to TO , , and CC the DT settlement NN , , if IN any DT , , of IN the DT compensations NNS due JJ to TO the DT owners NNS of IN lower JJR tenements NNS , , must MD be VB brought VVN , , subject JJ to TO review VV , , before IN the DT judge NN of IN the DT tribunal NN d'instance NN of IN the DT canton NN who WP , , in IN his PP$ judgment NN must MD reconcile VV the DT interests NNS of IN agriculture NN and CC industry NN with IN the DT respect NN due JJ to TO ownership NN . SENT If IN there EX is VBZ occasion NN for IN an DT appraisement NN , , one CD expert NN only RB may MD be VB appointed VVN Art NP . SENT 642 CD Act NP of IN 8 CD April NP 1898 CD A DT person NN who WP has VHZ a DT spring NN on IN his PP$ tenement NN may MD always RB use VV the DT water NN on IN his PP$ wishes NNS , , within IN the DT limits NNS and CC for IN the DT needs NNS of IN his PP$ property NN . SENT An DT owner NN of IN a DT spring NN may MD no RB longer RB use VV it PP to TO the DT detriment NN of IN the DT owners NNS of IN the DT lower JJR tenements NNS who WP , , for IN more JJR than IN thirty CD years NNS , , have VHP made VVN and CC completed VVN , , on IN the DT tenement NN where WRB the DT water NN springs VVZ , , apparent JJ and CC permanent JJ works NNS intended VVN to TO use VV the DT waters NNS and CC facilitating VVG their PP$ passage NN within IN their PP$ property NN . SENT Nor CC may MD he PP use VV them PP so RB as RB to TO deprive VV the DT inhabitants NNS of IN a DT commune NN , , village NN or CC hamlet NN , , of IN the DT water NN which WDT is VBZ necessary JJ to TO them PP . SENT but CC where WRB the DT inhabitants NNS have VHP not RB acquired VVN or CC prescribed VVN the DT use NN , , the DT owner NN may MD claim VV a DT compensation NN which WDT shall MD be VB fixed VVN by IN experts NNS . SENT Art NN . SENT 643 CD Act NP of IN 8 CD April NP 1898 CD Where WRB , , as RB soon RB as IN they PP leave VVP the DT tenement NN where WRB they PP spout VV out RP , , spring NN waters NNS form VVP a DT watercourse NN presenting VVG the DT nature NN of IN public NN and CC running VVG waters NNS , , the DT owner NN may MD not RB divert VV them PP from IN their PP$ natural JJ course NN , , to TO the DT detriment NN of IN lower JJR users NNS . SENT Art NN . SENT 644 CD A NP person NN whose WP$ property NN borders NNS running VVG water NN other JJ than IN that DT which WDT is VBZ declared VVN a DT dependency NN of IN the DT Public NP Domain NN by IN Article NP 538 CD in IN the DT Title NN Of IN Different JJ Kinds NNS of IN Property NP , , may MD use VV it PP as IN it PP flows VVZ for IN irrigating VVG his PP$ property NN . SENT A DT person NN through IN whose WP$ property NN that IN water NN flows NNS may MD even RB use VV it PP over IN the DT interval NN it PP runs VVZ through IN it PP , , provided VVD he PP returns VVZ it PP to TO its PP$ ordinary JJ course NN when WRB it PP leaves VVZ his PP$ tenements NNS . SENT Art NN . SENT 645 CD Where WRB a DT controversy NN arises VVZ between IN owners NNS to TO whom WP those DT waters NNS may MD be VB useful JJ , , the DT courts NNS , , in IN their PP$ decisions NNS , , must MD reconcile VV the DT interests NNS of IN agriculture NN with IN the DT respect NN due JJ to TO ownership NN . SENT and CC , , in IN all DT cases NNS , , the DT special JJ and CC local JJ regulations NNS on IN the DT course NN and CC use NN of IN waters NNS must MD be VB complied VVN with IN . SENT Art NN . SENT 646 CD Any DT owner NN may MD compel VV his PP$ neighbour NN to TO a DT setting NN of IN boundaries NNS of IN their PP$ contiguous JJ tenements NNS . SENT Setting VVG boundaries NNS shall MD be VB done VVN at IN common JJ expense NN . SENT Art NN . SENT 647 CD An DT owner NN may MD enclose VV his PP$ property NN , , subject JJ to TO the DT exception NN laid VVD down RP in IN Article NP 682 CD . SENT Art NN . SENT 648 CD An DT owner NN who WP wishes VVZ to TO be VB enclosed VVN loses VVZ his PP$ right NN to TO commonage NN and CC free JJ pasture NN , , in IN proportion NN to TO the DT land NN that IN he PP so RB withdraws VVZ . SENT CHAPTER NN II NP OF IN THE DT SERVITUDES NNS ESTABLISHED VVN BY IN STATUTE NN Art NN . SENT 649 CD Servitudes NNS established VVN by IN statute NN are VBP for IN the DT purpose NN of IN public JJ or CC communal JJ utility NN , , or CC of IN the DT utility NN of IN private JJ individuals NNS . SENT Art NN . SENT 650 RB Those DT established VVN for IN public JJ or CC communal JJ utility NN have VHP as RB their PP$ subjects NNS towing VVG paths NNS along IN navigable JJ or CC floatable JJ streams NNS , , the DT making VVG or CC repairing VVG of IN roads NNS and CC of IN other JJ public JJ or CC municipal JJ works NNS . SENT All DT that WDT relates VVZ to TO that DT kind NN of IN servitudes NNS is VBZ prescribed VVN by IN statutes NNS or CC specific JJ regulations NNS . SENT Art NN . SENT 651 CD The DT law NN subjects VVZ owners NNS to TO various JJ obligations NNS towards IN each DT other JJ , , independent JJ of IN any DT agreement NN . SENT Art NN . SENT 652 CD Part NN of IN those DT obligations NNS are VBP regulated VVN by IN statutes NNS on IN rural JJ police NNS . SENT The DT others NNS relate VVP to TO party NN walls NNS and CC common JJ ditches NNS , , to TO cases NNS in IN which WDT an DT outer JJ wall NN is VBZ necessary JJ , , to TO views NNS over IN the DT property NN of IN a DT neighbour NN , , to TO eaves NN and CC to TO right NN of IN way NN . SENT Section NP I NP Of IN Party NP Walls NP and CC Common NP Ditches NNS Art NN . SENT 653 CD In IN cities NNS and CC in IN the DT country NN , , any DT wall NN serving VVG as IN separation NN between IN buildings NNS up RB to TO the DT point NN of IN disjunction NN , , or CC between IN courtyards NNS and CC gardens NNS , , and CC even RB between IN enclosures NNS in IN fields NNS , , is VBZ deemed VVN to TO be VB a DT party NN wall NN , , unless IN there EX is VBZ an DT instrument NN of IN title NN or CC an DT indication NN to TO the DT contrary NN . SENT Art NN . SENT 654 RB There EX is VBZ an DT indication NN of IN a DT non JJ party NN wall NN where WRB the DT top NN of IN a DT wall NN is VBZ straight JJ and CC perpendicular JJ from IN its PP$ facing VVG on IN one CD side NN and CC shows VVZ an DT inclined JJ plane NN on IN the DT other JJ . SENT Even RB where WRB there EX is VBZ on IN one CD side NN only RB either CC a DT coping VVG or CC stone NN fillets NNS and CC corbels NNS which WDT were VBD placed VVN there RB in IN building VVG the DT wall NN . SENT In IN such JJ cases NNS , , a DT wall NN is VBZ deemed VVN to TO belong VV exclusively RB to TO the DT owner NN on IN whose WP$ side NN the DT eaves NN or CC stone NN corbels NNS and CC fillets NNS are VBP . SENT Art NN . SENT 655 CD Repairing VVG and CC reconstruction NN of IN a DT party NN wall NN must MD be VB borne VVN by IN all PDT those DT who WP have VHP a DT right NN to TO it PP , , and CC in IN proportion NN to TO the DT right NN of IN each DT . SENT Art NN . SENT 656 CD However RB , , any DT co NP owner NN of IN a DT party NN wall NN may MD excuse VV himself PP from IN contributing VVG to TO repairing VVG and CC reconstructing VVG by IN waiving VVG the DT right NN in IN common JJ , , provided VVD the DT party NN wall NN does VVZ not RB support VV a DT building NN which WDT belongs VVZ to TO him PP . SENT Art NN . SENT 657 CD A NP co NP owner NN may MD build VV against IN a DT party NN wall NN , , and CC place NN there RB beams VVZ or CC joists VVZ through IN the DT whole JJ thickness NN of IN the DT wall NN , , more JJR or CC less JJR fifty CD four CD millimetres NNS , , without IN prejudice NN to TO a DT neighbour's NNS right RB to TO have VH the DT beam NN shortened VVN with IN a DT chisel VV down RB to TO half NN of IN the DT wall NN , , where WRB he PP himself PP wishes VVZ to TO lay VV beams VVZ in IN the DT same JJ place NN , , or CC to TO back VV a DT chimney NN against IN it PP . SENT Art NN . SENT 658 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD A NP co NP owner NN may MD have VH a DT party NN wall NN raised VVD . SENT but CC he PP must MD pay VV alone RB the DT expense NN of IN the DT raising NN and CC of IN the DT repairs NNS of IN maintenance NN above IN the DT height NN of IN the DT common JJ enclosure NN . SENT he PP must MD also RB pay VV alone RB the DT costs NNS of IN maintenance NN of IN the DT common JJ part NN of IN the DT wall NN due JJ to TO the DT raising NN and CC repay VV to TO the DT neighbouring VVG owner NN all PDT the DT expenses NNS made VVD necessary JJ for IN the DT latter NN by IN the DT raising NN . SENT Art NN . SENT 659 CD Where WRB a DT party NN wall NN is VBZ not RB in IN a DT condition NN to TO support VV a DT raising NN , , the DT person NN wishing VVG to TO raise VV it PP must MD have VH it PP entirely RB rebuilt VVD at IN his PP$ own JJ expense NN , , and CC the DT thickness NN in IN excess NN must MD be VB taken VVN on IN his PP$ side NN . SENT Art NN . SENT 660 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD A DT neighbour NN who WP did VVD not RB contribute VV to TO a DT raising NN may MD acquire VV rights NNS in IN common JJ on IN it PP by IN paying VVG one CD half NN of IN the DT expense NN it PP has VHZ cost VVN and CC the DT value NN of IN one CD half NN of IN the DT ground NN supplied VVN for IN the DT additional JJ thickness NN , , if IN there EX is VBZ any DT . SENT The DT expense NN that IN the DT raising NN has VHZ cost NN must MD be VB appraised VVN at IN the DT date NN of IN acquisition NN , , account NN being VBG taken VVN of IN the DT condition NN in IN which WDT the DT raised VVN part NN of IN the DT wall NN is VBZ . SENT Art NN . SENT 661 CD Act NP n NN 60 CD 464 CD of IN 17 CD May NP 1960 CD An DT owner NN adjoining JJ a DT wall NN may MD make VV it PP a DT party NN wall NN in IN whole JJ or CC in IN part NN by IN repaying VVG to TO the DT master NN of IN the DT wall NN half NN the DT expense NN which WDT it PP has VHZ cost VVN , , or CC half PDT the DT expense NN which WDT the DT part NN of IN the DT wall NN which WDT he PP wishes VVZ to TO make VV a DT party NN wall NN has VHZ cost NN and CC half PDT the DT value NN of IN the DT ground NN on IN which WDT the DT wall NN was VBD built VVN . SENT The DT expense NN which WDT the DT wall NN has VHZ cost NN must MD be VB appraised VVN at IN the DT date NN of IN acquisition NN of IN rights NNS in IN common JJ on IN it PP , , account NN being VBG taken VVN of IN the DT condition NN in IN which WDT it PP is VBZ . SENT Art NN . SENT 662 CD A NP neighbour NN may MD not RB make VV a DT recess NN in IN a DT party NN wall NN or CC apply VV or CC build VV up RP a DT work NN on IN it PP without IN the DT consent NN of IN the DT other JJ , , or CC , , on IN his PP$ refusal NN , , without IN having VHG had VHD experts NNS determine VVP the DT necessary JJ steps NNS in IN order NN that IN the DT new JJ work NN be VB not RB detrimental JJ to TO the DT other's JJ rights NNS . SENT Art NN . SENT 663 CD In IN cities NNS and CC suburbs NNS , , everyone NN may MD compel VV his PP$ neighbour NN to TO contribute VV to TO the DT constructions NNS and CC repairs NNS of IN an DT enclosure NN separating VVG their PP$ houses NNS , , court NN yards NNS and CC gardens NNS situated VVN in IN those DT cities NNS and CC suburbs NNS . SENT the DT height NN of IN the DT enclosure NN shall MD be VB fixed VVN according VVG to TO specific JJ regulations NNS or CC uniform JJ and CC recognized VVN usages NNS and CC , , failing VVG usages NNS and CC regulations NNS , , a DT dividing VVG wall NN between IN neighbours NNS , , which WDT will MD be VB constructed VVN or CC restored VVN in IN the DT future NN , , shall MD be VB at IN least JJS thirty CD two CD decimetres NNS high JJ , , including VVG the DT coping VVG , , in IN cities NNS of IN fifty CD thousand CD souls NNS and CC more JJR , , and CC twenty CD six CD decimetres NNS in IN the DT others NNS . SENT Art NN . SENT 664 CD repealed VVN Art NN . SENT 665 CD Where WRB a DT party NN wall NN or CC a DT house NN is VBZ rebuilt VVD , , active JJ and CC passive JJ servitudes NNS continue VVP with IN regard NN to TO the DT new JJ wall NN or CC the DT new JJ house NN , , without IN , , however RB , , their PP$ being VBG allowed VVN to TO become VV more RBR burdensome JJ , , and CC provided VVN rebuilding NN is VBZ made VVN before IN prescription NN is VBZ acquired VVN . SENT Art NN . SENT 666 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD Every DT enclosure NN separating VVG tenements NNS is VBZ deemed VVN to TO be VB held VVN in IN common JJ , , unless IN there EX is VBZ only RB one CD property NN actually RB enclosed VVN , , or CC there EX is VBZ an DT instrument NN of IN title NN , , prescription NN or CC indication NN to TO the DT contrary NN . SENT As RB regards VVZ ditches NNS , , there EX is VBZ an DT indication NN that IN they PP are VBP not RB held VVN in IN common JJ where WRB the DT embankment NN or CC spoil NN of IN earth NN is VBZ found VVN on IN only RB one CD side NN of IN the DT ditch NN . SENT A DT ditch NN is VBZ deemed VVN to TO belong VV exclusively RB to TO the DT one NN on IN whose WP$ side NN the DT spoil NN is VBZ situated VVN . SENT Art NN . SENT 667 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD A NP common JJ enclosure NN must MD be VB maintained VVN at IN common JJ expense NN . SENT but CC a DT neighbour NN may MD elude VV that DT obligation NN by IN waiving VVG ownership NN in IN common JJ . SENT That DT power NN ceases VVZ where WRB the DT ditch NN serves VVZ usually RB for IN the DT flowing VVG of IN waters NNS . SENT Art NN . SENT 668 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD A NP neighbour NN whose WP$ property NN adjoins VVZ a DT ditch NN or CC a DT hedge NN not RB held VVN in IN common JJ may MD not RB compel VV the DT owner NN of IN that DT ditch NN or CC hedge VV to TO convey VV rights NNS in IN common JJ to TO him PP . SENT A DT co NP owner NN of IN a DT common JJ hedge NN may MD destroy VV it PP up RP to TO the DT limit NN of IN his PP$ property NN , , provided VVD he PP builds VVZ a DT wall NN upon IN that DT limit NN . SENT The DT same JJ rule NN shall MD apply VV to TO the DT co NP owner NN of IN a DT common JJ ditch NN which WDT is VBZ used VVN only RB as IN an DT enclosure NN . SENT Art NN . SENT 669 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD So RB long JJ as IN a DT hedge NN is VBZ held VVN in IN common JJ , , its PP$ products NNS belong VVP to TO the DT owners NNS in IN halves NNS . SENT Art NN . SENT 670 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD Trees NP situated VVN in IN a DT common JJ hedge NN are VBP held VVN in IN common JJ as IN the DT hedge NN is VBZ . SENT Trees NNS planted VVN on IN the DT dividing VVG line NN of IN two CD tenements NNS are VBP also RB deemed VVN to TO be VB held VVN in IN common JJ . SENT Where WRB they PP die VVP or CC are VBP cut VVN or CC uprooted VVD , , those DT trees NNS are VBP divided VVN in IN halves NNS . SENT Fruits NNS are VBP gathered VVN at IN joint JJ expense NN and CC divided VVN also RB in IN halves NNS , , either CC when WRB they PP fall VVP naturally RB , , or CC when WRB the DT fall NN was VBD caused VVN , , or CC when WRB they PP were VBD picked VVN . SENT Each DT owner NN has VHZ the DT right NN to TO require VV that IN the DT trees NNS held VVN in IN common JJ be VB uprooted VVD . SENT Art NN . SENT 671 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD It PP is VBZ permitted VVN to TO have VH trees NNS , , shrubs NNS or CC bushes NNS near IN the DT limit NN of IN a DT neighbouring VVG property NN only RB at IN the DT distance NN allowed VVN by IN the DT specific JJ regulations NNS presently RB in IN force NN or CC by IN uniform NN and CC recognized VVN usages NNS , , and CC failing VVG regulations NNS and CC usages NNS , , at IN the DT distance NN of IN two CD metres NNS from IN the DT dividing VVG line NN of IN the DT two CD tenements NNS as RB regards VVZ plantations NNS whose WP$ height NN exceeds VVZ two CD metres NNS , , and CC at IN the DT distance NN of IN half PDT a DT metre NN as RB regards VVZ other JJ plantation NN . SENT Trees NNS , , bushes NNS and CC shrubs NNS of IN all DT kinds NNS may MD be VB planted VVN in IN espaliers NNS on IN each DT side NN of IN a DT dividing VVG wall NN , , without IN having VHG to TO keep VV to TO any DT distance NN , , but CC they PP may MD not RB pass VV the DT crest NN of IN the DT wall NN . SENT Where WRB a DT wall NN is VBZ not RB a DT party NN wall NN , , the DT owner NN alone RB has VHZ the DT right NN to TO lean VV espaliers NNS against IN it PP . SENT Art NN . SENT 672 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD A NP neighbour NN may MD require VV that IN trees NNS , , shrubs NNS and CC bushes NNS planted VVN at IN a DT distance NN less RBR than IN the DT statutory JJ distance NN , , be VB uprooted VVN or CC reduced VVN to TO the DT height NN fixed VVN in IN the DT preceding JJ Article NN , , unless IN there EX is VBZ an DT instrument NN of IN title NN , , an DT adjustment NN made VVN by IN the DT owner NN , , or CC thirty CD year NN prescription NN . SENT Where WRB the DT trees NNS die VVP , , or CC where WRB they PP are VBP cut VVN or CC uprooted VVD , , a DT neighbour NN may MD replace VV them PP only RB by IN keeping VVG to TO the DT statutory JJ distances NNS . SENT Art NN . SENT 673 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD . SENT Act NN of IN 12 CD Feb NN . SENT 1921 CD One NN over IN whose WP$ property NN branches NNS of IN a DT neighbour's JJ trees NNS , , bushes NNS and CC shrubs NNS jut NN out RB may MD compel VV the DT latter NN to TO cut VV them PP . SENT Fruits NNS which WDT have VHP fallen VVN naturally RB from IN these DT branches NNS belong VVP to TO him PP . SENT Where WRB roots NNS , , brambles NNS and CC brushwood NN jut NN out IN on IN his PP$ property NN , , he PP has VHZ the DT right NN to TO cut VV them PP himself PP up RB to TO the DT limit NN of IN the DT dividing VVG line NN . SENT The DT right NN to TO cut VV roots NNS , , brambles NNS and CC brushwood NN or CC to TO have VH branches NNS of IN trees NNS , , bushes NNS or CC shrubs NNS cut NN may MD not RB be VB lost VVN by IN prescription NN . SENT Section NP II NP Of IN theDistance NN and CC of IN Intermediate NP Works NP Required VVD for IN Certain JJ Constructions NNS Art NN . SENT 674 CD He PP who WP has VHZ a DT well NN or CC a DT cesspool NN dug VVD near IN a DT wall NN , , whether IN it PP is VBZ a DT party NN wall NN or CC not RB , , He PP who WP wishes VVZ to TO build VV a DT chimney NN or CC a DT fire NN place NN , , a DT forge VV , , an DT oven NN or CC a DT furnace NN , , Set VVD a DT stable NN against IN it PP , , Or CC place NN against IN that DT wall NN a DT store NN of IN salt NN or CC a DT heap NN of IN corrosive JJ materials NNS . SENT Is VBZ obliged VVN to TO leave VV the DT distance NN prescribed VVN by IN regulations NNS and CC specific JJ usages NNS relating VVG to TO those DT things NNS , , or CC to TO do VV the DT works NNS prescribed VVN by IN the DT same JJ regulations NNS and CC usages NNS in IN order NN to TO avoid VV injuring VVG a DT neighbour NN . SENT Section NP III NP Of IN the DT Views NNS over IN the DT Property NN of IN One's NP Neighbour NN Art NN . SENT 675 CD One CD of IN the DT neighbours NNS may MD not RB , , without IN the DT consent NN of IN the DT other JJ , , cut VVN in IN a DT party NN wall NN any DT window NN or CC opening NN , , in IN any DT manner NN whatever WDT , , even RB in IN fixed JJ fanlights NNS . SENT Art NN . SENT 676 CD The DT owner NN of IN a DT wall NN which WDT is VBZ not RB a DT party NN wall NN , , adjoining JJ the DT property NN of IN another DT person NN , , may MD cut VV openings NNS or CC windows NNS in IN it PP , , in IN leaded JJ iron NN and CC fixed JJ fanlights NNS . SENT Those DT windows NNS must MD be VB provided VVN with IN an DT iron NN lattice NN whose WP$ meshes NNS shall MD have VH an DT aperture NN of IN one CD decimetre NN about IN three CD inches NNS , , eight CD lines NNS at IN the DT most JJS , , and CC with IN a DT frame NN of IN fixed JJ fanlights NNS . SENT Art NN . SENT 677 RB Those DT windows NNS or CC openings NNS may MD only RB be VB made VVN at IN twenty CD six CD decimetres NNS eight CD feet NNS above IN the DT floor NN or CC ground NN of IN the DT room NN which WDT one PP wishes VVZ to TO give VV light JJ to TO , , where WRB it PP is VBZ on IN the DT ground NN floor NN , , and CC at IN nineteen CD decimetres NNS six CD feet NNS above IN the DT floor NN of IN the DT upper JJ stories NNS . SENT Art NN . SENT 678 CD Act NP n NN 67 CD 1253 CD of IN 30 CD Dec NP . SENT 1967 CD One CD may MD not RB have VH straight JJ views NNS or CC bow NN windows NNS , , or CC balconies NNS or CC similar JJ projections NNS over IN the DT neighbour's JJ property NN , , whether IN enclosed VVN or CC not RB , , if IN there EX is VBZ not RB a DT distance NN of IN nineteen CD decimetres NNS between IN the DT wall NN where WRB they PP are VBP cut VVN and CC the DT said VVD property NN , , unless IN the DT tenement NN or CC the DT part NN of IN the DT tenement NN over IN which WDT the DT view NN bears NNS is VBZ already RB burdened VVN , , for IN the DT benefit NN of IN the DT tenement NN which WDT profits VVZ by IN it PP , , with IN a DT servitude NN of IN way NN which WDT prevents VVZ the DT erecting VVG of IN constructions NNS . SENT Art NN . SENT 679 CD Act NP n NN 67 CD 1253 CD of IN 30 CD Dec NP . SENT 1967 CD One CD may MD not RB , , subject JJ to TO the DT same JJ reservation NN , , have VHP side NN or CC oblique JJ views NNS on IN the DT same JJ property NN , , unless IN there EX is VBZ a DT distance NN of IN six CD decimetres NNS . SENT Art NN . SENT 680 CD The DT distance NN mentioned VVN in IN the DT two CD preceding JJ Articles NNS counts VVZ from IN the DT outer JJ facing VVG of IN the DT wall NN in IN which WDT the DT opening NN is VBZ cut VVN , , and CC , , where WRB there EX are VBP balconies NNS or CC other JJ similar JJ projections NNS , , from IN their PP$ exterior JJ line NN up RB to TO the DT dividing VVG line NN of IN the DT two CD tenements NNS . SENT Section NP IV NP Of IN Eaves NP Art NP . SENT 681 CD An DT owner NN must MD make VV his PP$ roofs NNS in IN such PDT a DT way NN that IN rainwater NN falls VVZ on IN his PP$ land NN or CC on IN the DT public JJ highway NN . SENT he PP may MD not RB have VH it PP pour VV on IN his PP$ neighbour's JJ tenement NN . SENT Section NN V NN Of IN Right NP of IN Way NP Art NP . SENT 682 CD Act NP n NN 67 CD 1253 CD of IN 30 CD Dec NP . SENT 1967 CD An DT owner NN whose WP$ tenements NNS are VBP enclaved VVN and CC who WP has VHZ no DT way NN out RP to TO the DT public JJ highway NN , , or CC only RB one CD which WDT is VBZ insufficient JJ either RB for IN an DT agricultural JJ , , industrial JJ or CC commercial JJ working VVG of IN his PP$ property NN , , or CC for IN carrying VVG out RP operations NNS of IN building NN or CC development NN , , is VBZ entitled VVN to TO claim VV on IN his PP$ neighbours NNS tenements NNS a DT way NN sufficient JJ for IN the DT complete JJ servicing NN of IN his PP$ own JJ tenements NNS , , provided VVD he PP pays VVZ a DT compensation NN in IN proportion NN to TO the DT damage NN he PP may MD cause VV . SENT Art NN . SENT 683 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD The DT way NN must MD be VB taken VVN regularly RB on IN the DT side NN where WRB the DT route NN from IN the DT enclaved JJ tenement NN to TO the DT public JJ highway NN is VBZ shortest JJS It PP must MD however RB be VB fixed VVN at IN the DT least JJS damageable JJ place NN for IN the DT person NN over IN whose WP$ tenement NN it PP is VBZ allowed VVN . SENT Art NN . SENT 684 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD Where WRB a DT tenement NN is VBZ enclosed VVN because IN of IN its PP$ dividing VVG in IN consequence NN of IN a DT sale NN , , an DT exchange NN , , a DT partition NN or CC any DT other JJ contract NN , , a DT way NN may MD be VB requested VVN only RB on IN the DT lands NNS which WDT were VBD the DT subject NN of IN those DT transactions NNS . SENT However RB , , in IN the DT case NN where WRB a DT sufficient JJ way NN cannot NN be VB made VVN over IN the DT divided VVN tenements NNS , , Article NP 682 CD shall MD apply VV . SENT Art NN . SENT 685 CD Act NP of IN 20 CD Aug NN . SENT 1881 CD The DT location NN and CC manner NN of IN a DT servitude NN of IN way NN for IN enclavement NN are VBP established VVN by IN a DT continuous JJ usage NN for IN thirty CD years NNS . SENT An DT action NN for IN compensation NN in IN the DT case NN provided VVD for IN in IN Article NP 682 CD is VBZ subject JJ to TO be VB time NN barred VVN , , and CC the DT way NN may MD be VB continued VVN , , although IN an DT action NN for IN compensation NN is VBZ no DT longer RBR admissible JJ . SENT Art NN . SENT 685 CD 1 CD Act NP n NN 71 CD 494 CD of IN 25 CD June NP 1971 CD In IN case NN of IN discontinuance NN of IN the DT enclavement NN and CC whatever WDT be VB the DT way NN in IN which WDT the DT location NN and CC manner NN of IN the DT servitude NN were VBD determined VVN , , the DT owner NN of IN the DT servient JJ tenement NN may MD , , at IN any DT time NN , , invoke VV the DT extinguishment NN of IN the DT servitude NN where WRB the DT service NN of IN the DT dominant JJ tenement NN is VBZ ensured VVN under IN the DT conditions NNS of IN Article NP 682 CD . SENT Failing VVG amicable JJ agreement NN , , that DT disappearance NN must MD be VB ascertained VVN by IN a DT judicial JJ decision NN . SENT CHAPTER NN III NP OF IN THE DT SERVITUDES NNS ESTABLISHED VVN BY IN THE DT ACT NN OF IN MAN NN Section NN I NN Of IN the DT Various JJ Kinds NNS of IN Servitudes NNS which WDT may MD be VB Established VVN over IN Property NP Art NP . SENT 686 CD Owners NNS are VBP permitted VVN to TO establish VV over RP their PP$ property NN , , or CC in IN favour NN of IN their PP$ property NN , , such JJ servitudes NNS as IN they PP deem VVP proper JJ , , provided VVN however RB that IN the DT services NNS established VVN are VBP laid VVN neither CC on IN a DT person NN nor CC in IN favour NN of IN a DT person NN , , but CC only RB on IN a DT tenement NN and CC for IN a DT tenement NN , , and CC provided VVD that IN those DT servitudes NNS moreover RB are VBP not RB in IN any DT way NN contrary NN to TO public JJ policy NN . SENT The DT use NN and CC extent NN of IN the DT servitudes NNS thus RB established VVN are VBP regulated VVN by IN the DT instrument NN which WDT creates VVZ them PP . SENT failing VVG an DT instrument NN , , by IN the DT following VVG rules NNS . SENT Art NN . SENT 687 CD Servitudes NNS are VBP established VVN either RB for IN the DT use NN of IN buildings NNS , , or CC for IN that IN of IN tenements NNS . SENT Those DT of IN the DT first JJ kind NN are VBP called VVN urban JJ , , whether IN the DT buildings NNS to TO which WDT they PP are VBP due RB are VBP located VVN in IN a DT city NN or CC in IN the DT country NN . SENT Those DT of IN the DT second JJ kind NN are VBP named VVN rural JJ . SENT Art NN . SENT 688 CD Servitudes NNS are VBP either RB continuous JJ or CC discontinuous JJ . SENT Continuous JJ servitudes NNS are VBP those NNS whose WP$ usage NN is VBZ or CC may MD be VB unceasing JJ without IN need NN of IN a DT present JJ act NN of IN man NN . SENT such JJ are VBP water NN pipes NNS , , sewers NNS , , views NNS and CC others NNS of IN that DT kind NN . SENT Discontinuous JJ servitudes NNS are VBP those DT which WDT need VVP a DT present JJ act NN of IN man NN in IN order NN to TO be VB exercised VVN . SENT such JJ are VBP rights NNS of IN way NN , , drawing VVG water NN , , pasturing VVG and CC others NNS similar JJ . SENT Art NN . SENT 689 CD Servitudes NNS are VBP apparent JJ or CC non JJ apparent JJ . SENT Apparent JJ servitudes NNS are VBP those DT which WDT show VVP themselves PP by IN outer JJ works NNS , , such JJ as IN a DT door NN , , a DT window NN , , an DT aqueduct NN . SENT Non JJ apparent JJ servitudes NNS are VBP those DT which WDT do VVP not RB have VH an DT outer JJ sign NN of IN their PP$ existence NN , , such JJ as IN for IN instance NN a DT prohibition NN to TO build VV on IN a DT tenement NN , , or CC to TO build VV only RB up RB to TO a DT fixed JJ height NN . SENT Section NP II NP How WRB Servitudes NNS are VBP Established VVN Art NP . SENT 690 CD Continuous JJ and CC apparent JJ servitudes NNS are VBP acquired VVN by IN an DT instrument NN of IN title NN or CC by IN possession NN of IN thirty CD years NNS . SENT Art NN . SENT 691 CD Continuous JJ non JJ apparent JJ servitudes NNS and CC discontinuous JJ servitudes NNS , , whether IN apparent JJ or CC not RB , , may MD be VB established VVN only RB by IN an DT instrument NN of IN title NN . SENT Possession NN , , even RB immemorial JJ , , is VBZ not RB sufficient JJ to TO establish VV them PP , , without IN , , however RB , , one NN being VBG allowed VVN to TO challenge VV today NN servitudes NNS of IN that DT kind NN already RB acquired VVN by IN possession NN in IN localities NNS where WRB they PP were VBD allowed VVN to TO be VB acquired VVN in IN that DT way NN . SENT Art NN . SENT 692 CD Adjustment NN made VVN by IN the DT owner NN is VBZ equivalent JJ to TO an DT instrument NN of IN title NN as RB to TO continuous JJ and CC apparent JJ servitudes NNS . SENT Art NN . SENT 693 RB There EX is VBZ an DT adjustment NN made VVN by IN the DT owner NN only RB where WRB it PP is VBZ proved VVN that IN the DT two CD tenements NNS at IN present NN divided VVN belonged VVD to TO the DT same JJ owner NN and CC that IN it PP was VBD through IN him PP that WDT things NNS were VBD put VVN in IN the DT condition NN which WDT gives VVZ rise NN to TO the DT servitude NN . SENT Art NN . SENT 694 CD Where WRB an DT owner NN of IN two CD tenements NNS between IN which WDT an DT apparent JJ sign NN of IN servitude NN exists VVZ , , disposes VVZ of IN one CD property NN and CC the DT contract NN does VVZ not RB contain VV any DT agreement NN relating VVG to TO the DT servitude NN , , the DT latter NN continues VVZ to TO exist VV actively RB or CC passively RB in IN favour NN of IN the DT tenement NN conveyed VVD or CC upon IN the DT tenement NN conveyed VVD . SENT Art NN . SENT 695 CD An DT instrument NN creating VVG a DT servitude NN , , with IN regard NN to TO those DT which WDT may MD not RB be VB acquired VVN by IN prescription NN , , may MD be VB replaced VVN only RB by IN an DT instrument NN recognizing VVG the DT servitude NN , , emanating VVG from IN the DT owner NN of IN the DT tenement NN subjected VVN to TO the DT servitude NN . SENT Art NN . SENT 696 CD Where WRB a DT person NN establishes VVZ a DT servitude NN , , he PP is VBZ deemed VVN to TO grant VV all PDT that DT is VBZ necessary JJ to TO use VV it PP . SENT For IN instance NN , , a DT servitude NN to TO draw VV water NN from IN another's JJ fountain NN necessarily RB involves VVZ a DT right NN of IN way NN . SENT Section NP III NP Of IN the DT Rights NPS of IN the DT Owner NN of IN a DT Tenement NN to TO which WDT a DT Servitude NN is VBZ Due JJ Art NN . SENT 697 CD A NP person NN to TO whom WP a DT servitude NN is VBZ due JJ , , has VHZ the DT right NN to TO make VV all DT works NNS necessary JJ to TO use VV and CC maintain VV it PP . SENT Art NN . SENT 698 RB Those DT works NNS shall MD be VB at IN his PP$ expense NN , , and CC not RB at IN that DT of IN the DT owner NN of IN the DT tenement NN subjected VVN to TO the DT servitude NN , , unless IN the DT instrument NN creating VVG the DT servitude NN provides VVZ for IN the DT contrary NN . SENT Art NN . SENT 699 CD Even RB in IN the DT case NN where WRB the DT owner NN of IN a DT tenement NN subjected VVN to TO a DT servitude NN is VBZ compelled VVN under IN the DT instrument NN to TO make VV the DT works NNS necessary JJ for IN the DT use NN or CC preservation NN of IN a DT servitude NN at IN his PP$ own JJ expense NN , , he PP may MD always RB exempt VV himself PP from IN the DT burden NN by IN waiving VVG the DT servient JJ tenement NN to TO the DT owner NN of IN the DT tenement NN to TO which WDT the DT servitude NN is VBZ due JJ . SENT Art NN . SENT 700 CD Where WRB a DT property NN for IN which WDT a DT servitude NN was VBD established JJ happens VVZ to TO be VB divided VVN , , the DT servitude NN remains VVZ due JJ for IN each DT portion NN , , without IN however RB the DT condition NN of IN the DT servient JJ tenement NN becoming VVG more RBR burdensome JJ . SENT Thus RB , , for IN instance NN , , in IN case NN of IN a DT right NN of IN way NN , , all PDT the DT co NP owners NNS are VBP obliged VVN to TO use VV it PP at IN the DT same JJ place NN . SENT Art NN . SENT 701 CD The DT owner NN of IN a DT tenement NN which WDT owes VVZ a DT servitude NN may MD do VV nothing NN tending VVG to TO diminish VV its PP$ use NN or CC to TO make VV it PP more RBR inconvenient JJ . SENT Thus RB , , he PP may MD not RB change VV the DT condition NN of IN the DT premises NNS or CC remove VV the DT exercise NN of IN the DT servitude NN to TO a DT place NN different JJ from IN the DT one NN where WRB it PP was VBD originally RB assigned VVN . SENT But CC however RB , , where WRB that DT original JJ assigning VVG has VHZ become VVN more RBR onerous JJ to TO the DT owner NN of IN the DT servient JJ tenement NN , , or CC where WRB it PP prevents VVZ him PP from IN making VVG advantageous JJ repairs NNS on IN it PP , , he PP may MD offer VV to TO the DT owner NN of IN the DT other JJ tenement NN a DT place NN as IN convenient JJ for IN the DT exercise NN of IN his PP$ rights NNS , , and CC the DT latter NN may MD not RB refuse VV it PP . SENT Art NN . SENT 702 CD On IN his PP$ part NN , , he PP who WP has VHZ a DT right NN of IN servitude NN may MD only RB use VV it PP in IN accordance NN with IN his PP$ instrument NN of IN title NN , , without IN being VBG allowed VVN to TO make VV , , either CC on IN the DT tenement NN which WDT owes VVZ the DT servitude NN , , or CC on IN the DT tenement NN to TO which WDT it PP is VBZ due JJ , , any DT change NN which WDT would MD render VV the DT condition NN of IN the DT former JJ more RBR burdensome JJ . SENT Section NP IV NP How WRB Servitudes NNS are VBP Extinguished VVN Art NP . SENT 703 CD Servitudes NNS cease VVP when WRB things NNS are VBP in IN such PDT a DT condition NN that IN they PP can MD no RB longer RBR be VB used VVN . SENT Art NN . SENT 704 CD They PP revive VV where WRB things NNS are VBP restored VVN in IN such PDT a DT manner NN that IN they PP can MD be VB used VVN . SENT unless IN time NN has VHZ already RB elapsed VVN , , sufficient JJ to TO give VV rise NN to TO the DT presumption NN that IN the DT servitude NN is VBZ extinguished VVN , , as RB stated VVN in IN Article NP 707 CD . SENT Art NN . SENT 705 CD A NP servitude NN is VBZ extinguished VVN when WRB the DT tenement NN to TO which WDT it PP is VBZ owed VVN , , and CC the DT one NN which WDT owes VVZ it PP , , are VBP united VVN in IN the DT same JJ hands NNS . SENT Art NN . SENT 706 CD A NP servitude NN is VBZ extinguished VVN by IN non JJ user NN during IN thirty CD years NNS . SENT Art NN . SENT 707 RB The DT thirty CD years NNS begin VVP to TO run VV , , according VVG to TO the DT different JJ kinds NNS of IN servitudes NNS , , either CC from IN the DT day NN when WRB one PP ceased VVD to TO enjoy VV them PP , , with IN respect NN to TO discontinuous JJ servitudes NNS , , or CC from IN the DT day NN when WRB an DT act NN contrary NN to TO the DT servitude NN has VHZ been VBN performed VVN , , with IN respect NN to TO continuous JJ servitudes NNS . SENT Art NN . SENT 708 CD The DT manner NN of IN a DT servitude NN may MD be VB time NN barred VVN like IN the DT servitude NN itself PP and CC in IN the DT same JJ way NN . SENT Art NN . SENT 709 CD Where WRB a DT property NN in IN favour NN of IN which WDT a DT servitude NN is VBZ established VVN belongs VVZ to TO several JJ persons NNS in IN undivided JJ ownership NN , , enjoyment NN by IN one CD prevents VVZ prescription NN against IN all DT of IN them PP . SENT Art NN . SENT 710 CD Where WRB , , among IN co NP owners NNS , , there EX is VBZ one CD against IN whom WP prescription NN could MD not RB run VV , , such JJ as IN a DT minor JJ , , he PP keeps VVZ the DT rights NNS of IN all PDT the DT others NNS . SENT BOOK NN III NP OF IN THE DT VARIOUS JJ WAYS NNS IN IN WHICH WDT OWNERSHIP NN IS VBZ ACQUIRED VVN general JJ provisions NNS Art NN . SENT 711 CD Ownership NN of IN property NN is VBZ acquired VVN and CC transmitted VVN by IN succession NN , , by IN gift NN inter VV vivos NNS or CC will MD , , and CC by IN the DT effect NN of IN obligations NNS . SENT Art NN . SENT 712 CD Ownership NN is VBZ also RB acquired VVN by IN accession NN or CC incorporation NN , , and CC by IN prescription NN . SENT Art NN . SENT 713 CD Property NN which WDT has VHZ no DT master NN belongs VVZ to TO the DT State NN . SENT Art NN . SENT 714 RB There EX are VBP things NNS which WDT belong VVP to TO nobody NN and CC whose WP$ usage NN is VBZ common JJ to TO all DT . SENT Public JJ order NN statutes NNS regulate VV the DT manner NN of IN enjoying VVG them PP . SENT Art NN . SENT 715 CD The DT right NN to TO hunt NN or CC fish NN is VBZ also RB regulated VVN by IN specific JJ statutes NNS . SENT Art NN . SENT 716 CD Ownership NN of IN a DT treasure NN trove NN belongs VVZ to TO him PP who WP discovers VVZ it PP on IN his PP$ own JJ tenement NN . SENT where WRB a DT treasure NN trove NN is VBZ discovered VVN on IN another's JJ tenement NN , , one CD half NN of IN it PP belongs VVZ to TO him PP who WP discovered VVD it PP , , and CC the DT other JJ half NN to TO the DT owner NN of IN the DT tenement NN . SENT A DT treasure NN trove NN is VBZ any RB hidden VVN or CC buried VVN thing NN of IN which WDT nobody NN can MD prove VV ownership NN and CC which WDT is VBZ discovered VVN by IN a DT mere JJ chance NN . SENT Art NN . SENT 717 CD Rights NNS to TO flotsam NN , , to TO effects NNS cast VVN up RP by IN the DT sea NN , , of IN whatever WDT nature NN they PP may MD be VB , , to TO plants NNS and CC herbages NNS which WDT grow VVP on IN the DT seashore NN , , are VBP also RB regulated VVN by IN specific JJ statutes NNS . SENT It PP shall MD be VB the DT same JJ as RB to TO lost VVN things NNS whose WP$ master NN does VVZ not RB appear VV . SENT TITLE NN ONE CD OF IN SUCCESSIONS NNS Art NN . SENT 718 CD and CC 719 CD repealed VVN CHAPTER NN ONE CD OF IN THE DT OPENING NN OF IN SUCCESSIONS NNS , , THE DT UNIVERSAL JJ TITLE NN AND CC THE DT VESTING VVG OF IN HEIRS NNS IN IN POSSESSION NN Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD Art NN . SENT 720 CD Successions NNS are VBP opened VVN by IN death NN , , at IN the DT latest JJS domicile NN of IN the DT deceased JJ . SENT Art NN . SENT 721 CD Successions NNS devolve VV according VVG to TO legislation NN where WRB the DT deceased JJ did VVD not RB dispose VV of IN his PP$ property NN by IN gratuitous JJ transfers NNS . SENT They PP may MD devolve VV through IN gratuitous JJ transfers NNS insofar RB as IN the DT latter NN are VBP consistent JJ with IN inheritable JJ reserve NN . SENT Art NN . SENT 722 CD Agreements NNS having VHG the DT purpose NN of IN creating VVG or CC disclaiming VVG rights NNS upon IN all DT or CC part NN of IN a DT succession NN not RB yet RB opened VVN or CC of IN a DT property NN being VBG part NN of IN it PP are VBP effective JJ only RB where WRB authorized VVN by IN legislation NN . SENT Art NN . SENT 723 CD Universal NP successors NNS and CC successors NNS by IN universal JJ title NN are VBP liable JJ for IN an DT indefinite JJ obligation NN to TO the DT debts NNS of IN a DT succession NN . SENT Art NN . SENT 724 CD Heirs NNS designated VVN by IN legislation NN are VBP vested VVN by IN operation NN of IN law NN in IN possession NN of IN the DT property NN , , rights NNS and CC actions NNS of IN the DT deceased JJ . SENT Universal JJ legatees NNS and CC donees NNS are VBP vested VVN in IN possession NN in IN the DT conditions NNS provided VVN for IN in IN Title NP II NP of IN this DT Book NN . SENT Failing VVG them PP , , succession NN is VBZ acquired VVN by IN the DT State NN who WP needs VVZ a DT court NN order NN to TO take VV possession NN . SENT Art NN . SENT 724 CD 1 CD The DT provisions NNS of IN this DT Title NN , , in IN particular JJ those DT which WDT relate VVP to TO option NN , , undivided JJ ownership NN and CC partition NN shall MD apply VV , , as RB may MD be VB thought VVN proper JJ , , to TO universal JJ legatees NNS or CC donees NNS , , or CC legatees NNS or CC donees NNS by IN universal JJ title NN , , save VV as RB otherwise RB provided VVN by IN a DT specific JJ rule NN . SENT CHAPTER NN II NP OF IN THE DT QUALIFICATIONS NNS REQUIRED VVN FOR IN INHERITING VVG OF IN PROOF NN OF IN HEIRSHIP NN Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD Section NN I NN Of IN theQualifications NNS Required VVN for IN Inheriting VVG Art NN . SENT 725 CD In IN order NN to TO inherit VV , , one PP must MD exist VV at IN the DT time NN of IN the DT opening NN of IN the DT succession NN or CC , , having VHG been VBN conceived JJ , , be VB born VVN viable JJ . SENT A DT person NN whose WP$ absence NN is VBZ presumed VVN under IN Article NP 112 CD may MD inherit VV . SENT Art NN . SENT 725 CD 1 CD Where WRB two CD persons NNS , , one CD of IN whom WP was VBD entitled VVN to TO the DT other's JJ succession NN , , die VVP in IN the DT same JJ event NN , , the DT order NN of IN deaths NNS shall MD be VB established VVN by IN any DT means NNS . SENT Where WRB that DT order NN may MD not RB be VB determined VVN , , the DT succession NN of IN each DT of IN them PP devolves VVZ without IN the DT other JJ being VBG called VVN to TO it PP . SENT Where WRB , , however RB , , one CD of IN the DT co NP deceased JJ leaves NNS descendants NNS , , the DT latter NN may MD represent VV their PP$ predecessor NN in IN title NN , , when WRB representation NN is VBZ allowed VVN . SENT Art NN . SENT 726 CD Are NP unworthy NN of IN inheriting VVG and CC , , as IN such JJ , , must MD be VB excluded VVN from IN succession NN . SENT 1 CD One NN who WP is VBZ sentenced VVN , , as IN perpetrator NN or CC accomplice NN , , to TO a DT serious JJ penalty NN for IN having VHG intentionally RB given VVN or CC attempted VVN to TO give VV death NN to TO the DT deceased JJ . SENT 2 LS One PP who WP is VBZ sentenced VVN , , as IN perpetrator NN or CC accomplice NN , , to TO a DT serious JJ penalty NN for IN having VHG intentionally RB struck VVN blows NNS at IN or CC committed JJ violence NN or CC assault NN that WDT provoked VVD the DT deceased VVN s PP death NN without IN intention NN of IN causing VVG it PP . SENT Art NN . SENT 727 NP May MD be VB declared VVN unworthy JJ of IN inheriting VVG . SENT 1 CD One NN who WP is VBZ sentenced VVN , , as IN perpetrator NN or CC accomplice NN , , to TO a DT correctional JJ penalty NN for IN having VHG intentionally RB given VVN or CC attempted VVN to TO give VV death NN to TO the DT deceased JJ . SENT 2 LS One PP who WP is VBZ sentenced VVN , , as IN perpetrator NN or CC accomplice NN , , to TO a DT correctional JJ penalty NN for IN having VHG intentionally RB committed VVN violence NN that WDT provoked VVD the DT deceased's JJ death NN without IN intention NN of IN causing VVG it PP . SENT 3 LS One PP who WP is VBZ sentenced VVN for IN false JJ testimony NN borne VVN against IN the DT deceased JJ in IN criminal JJ proceedings NNS . SENT 4 LS One PP who WP is VBZ sentenced VVN for IN abstaining VVG intentionally RB from IN preventing VVG either CC a DT serious JJ or CC an DT ordinary JJ offence NN against IN the DT physical JJ integrity NN of IN the DT deceased JJ , , wherefrom RB death NN resulted VVD , , whereas IN he PP could MD do VV so RB without IN any DT danger NN as RB to TO him PP or CC third JJ persons NNS . SENT 5 CD One NN who WP is VBZ sentenced VVN for IN a DT slanderous JJ criminal JJ charge NN against IN the DT deceased JJ where WRB , , relating VVG to TO the DT acts NNS denounced VVD , , a DT serious JJ penalty NN was VBD incurred VVN . SENT May MD also RB be VB declared VVN unworthy JJ of IN inheriting VVG those DT who WP have VHP committed VVN acts NNS referred VVD to TO in IN 1 CD and CC 2 CD above IN and CC with IN regard NN to TO whom WP , , by IN reason NN of IN their PP$ death NN , , the DT public JJ right NN of IN action NN could MD not RB be VB exercised VVN or CC was VBD extinguished VVN . SENT Art NN . SENT 727 CD 1 CD A DT declaration NN of IN unworthiness NN provided VVN for IN in IN Article NP 727 NP shall MD be VB pronounced VVN after IN the DT opening NN of IN the DT succession NN by IN the DT tribunal NN de FW grande JJ instance NN on IN application NN of IN another DT heir NN . SENT An DT application NN must MD be VB brought VVN within IN six CD months NNS of IN the DT death NN where WRB the DT sentence NN or CC conviction NN precedes VVZ the DT death NN , , or CC within IN six CD months NNS of IN that DT judgment NN where WRB it PP follows VVZ the DT death NN . SENT In IN the DT absence NN of IN heirs NNS , , a DT request NN may MD be VB filed VVN by IN the DT Government NP procurator's NN office NN . SENT Art NN . SENT 728 CD Is VBZ not RB excluded VVN from IN succession NN a DT person NN entitled VVN to TO inherit VV subject NN to TO a DT cause NN of IN unworthiness NN provided VVN for IN in IN Articles NNS 726 CD and CC 727 CD , , where WRB the DT deceased JJ , , after IN the DT facts NNS and CC the DT knowledge NN he PP had VHD thereof RB , , has VHZ stated VVN by IN an DT express JJ declaration NN of IN intention NN in IN the DT form NN of IN a DT will NN , , that WDT he PP intends VVZ to TO maintain VV him PP in IN his PP$ rights NNS to TO succession NN or CC made VVD a DT gratuitous JJ transfer NN , , universal JJ or CC by IN universal JJ title NN , , in IN his PP$ favour NN . SENT Art NN . SENT 729 CD An DT heir NN who WP is VBZ excluded VVN from IN a DT succession NN on IN account NN of IN unworthiness NN is VBZ obliged VVN to TO return VV all DT incomes NNS and CC revenues NNS which WDT he PP enjoyed VVD since IN the DT opening NN of IN the DT succession NN . SENT Art NN . SENT 729 CD 1 CD Children NNS of IN an DT unworthy JJ person NN may MD not RB be VB excluded VVN on IN account NN of IN their PP$ parent's JJ fault NN , , whether IN they PP come VVP to TO the DT succession NN on IN their PP$ own JJ behalf NN or CC through IN representation NN . SENT but CC an DT unworthy JJ person NN may MD not RB , , in IN any DT case NN , , claim NN over IN the DT property NN of IN that DT succession NN the DT enjoyment NN that IN the DT law NN grants NNS to TO the DT fathers NNS and CC mothers NNS over IN the DT property NN of IN their PP$ children NNS . SENT Section NP II NP Of IN Proof NN of IN Heirship NN Art NN . SENT 730 CD Proof NN of IN heirship NN may MD be VB made VVN by IN any DT means NNS . SENT No DT changes NNS are VBP made VVN in IN the DT provisions NNS or CC uniform JJ usages NNS relating VVG to TO the DT issuing VVG of IN certificates NNS of IN ownership NN or CC inheritance NN by IN judicial JJ or CC administrative JJ authorities NNS . SENT Art NN . SENT 730 CD 1 CD Proof NN of IN heirship NN may MD result VV from IN an DT affidavit NN drawn VVN up RP by IN a DT notaire NN on IN request NN of IN one CD or CC several JJ assigns NNS . SENT Failing VVG an DT ante NN nuptial JJ agreement NN or CC last JJ will NN and CC testament NN of IN the DT predecessor NN in IN title NN of IN the DT person NN who WP requires VVZ it PP , , an DT affidavit NN may MD also RB be VB drawn VVN up RP by IN the DT clerk NN in IN chief JJ of IN the DT tribunal NN d'instance NN of IN the DT place NN of IN opening NN of IN the DT succession NN . SENT An DT affidavit NN shall MD refer VV to TO the DT record NN of IN death NN of IN the DT person NN whose WP$ succession NN is VBZ opened VVN and CC shall MD mention VV the DT supporting VVG documents NNS which WDT may MD have VH been VBN filed VVN , , such JJ as IN records NNS of IN civil JJ status NN , , and CC , , possibly RB , , documents NNS relating VVG to TO the DT existence NN of IN gratuitous JJ transfers NNS mortis NN causa NP which WDT may MD affect VV the DT devolution NN of IN the DT succession NN . SENT It PP shall MD contain VV the DT assertion NN , , signed VVN by IN the DT assign VVP or CC assigns VVZ makers NNS of IN the DT request NN , , that WDT they PP are VBP entitled VVN , , alone RB or CC with IN others NNS whom WP they PP specify VV , , to TO come VV into IN all DT or CC part NN of IN the DT succession NN of IN the DT deceased JJ . SENT Any DT person NN whose WP$ statements NNS seem VVP to TO be VB useful JJ may MD be VB called VVN to TO the DT affidavit NN . SENT Art NN . SENT 730 CD 2 CD An DT assertion NN contained VVN in IN an DT affidavit NN does VVZ not RB involve VV , , per FW se FW , , acceptance NN of IN the DT succession NN . SENT Art NN . SENT 730 CD 3 CD Faith NP must MD be VB given VVN to TO an DT affidavit NN so RB established VVN , , until IN evidence NN contrary JJ to TO it PP . SENT A DT person NN who WP avails VVZ himself PP of IN it PP is VBZ presumed VVN to TO have VH rights NNS of IN succession NN in IN the DT percentage NN herein RB stated VVN . SENT Art NN . SENT 730 CD 4 CD The DT heirs NNS designated VVN in IN an DT affidavit NN or CC their PP$ common JJ agent NN are VBP deemed VVN , , with IN regard NN to TO third JJ persons NNS possessing VVG property NN of IN the DT succession NN , , to TO have VH free JJ disposal NN of IN that DT property NN and CC , , where WRB funds NNS are VBP concerned JJ , , free JJ disposal NN of IN them PP in IN the DT percentage NN stated VVN in IN the DT affidavit NN . SENT Art NN . SENT 730 CD 5 CD A DT person NN who WP , , knowingly RB and CC in IN bad JJ faith NN , , avails VVZ himself PP of IN an DT inaccurate JJ affidavit NN , , incurs VVZ the DT penalties NNS of IN concealment NN provided VVN for IN in IN Article NP 792 CD , , without IN prejudice NN for IN damages NNS . SENT CHAPTER NN III NP OF IN HEIRS NNS Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD Art NN . SENT 731 CD Succession NN devolves VVZ by IN law NN to TO the DT relatives NNS and CC spouse NN entitled VVN to TO inherit VV on IN the DT following VVG terms NNS . SENT Art NN . SENT 732 CD A NP surviving VVG spouse NN non JJ divorced VVN , , against IN whom WP there RB does VVZ not RB exist VV an DT order NN of IN judicial JJ separation NN having VHG force NN of IN res NN judicata NNS is VBZ a DT spouse NN entitled VVN to TO inherit VV . SENT Section NN I NN Of IN the DT Rights NNS of IN Relatives NNS in IN the DT Absence NN of IN a DT Spouse NN Entitled VVN to TO Inherit VV Art NN . SENT 733 CD Legislation NN does VVZ not RB discriminate JJ between IN legitimate JJ and CC illegitimate JJ children NNS in IN order NN to TO determine VV relatives NNS called VVN to TO inherit VV . SENT Rights NNS resulting VVG from IN adoption NN are VBP regulated VVN in IN the DT Title NN Of IN Adoption NN . SENT 1 CD Of IN Orders NNS of IN Heirs NNS Art NN . SENT 734 CD In IN the DT absence NN of IN a DT spouse NN entitled VVN to TO inherit VV , , relatives NNS are VBP called VVN to TO succeed VV as RB follows VVZ . SENT 1 CD Children NNS and CC their PP$ descendants NNS . SENT 2 LS The DT father NN and CC mother NN . SENT brothers NNS and CC sisters NNS and CC the DT descendants NNS of IN the DT latter NN . SENT 3 CD Ascendants NNS other JJ than IN the DT father NN and CC mother NN . SENT 4 CD Collaterals NNS other JJ than IN brothers NNS and CC sisters NNS and CC the DT descendants NNS of IN the DT latter NN . SENT Each DT of IN these DT four CD categories NNS constitutes VVZ an DT order NN of IN heirs NNS which WDT excludes VVZ the DT following NN . SENT Art NN . SENT 735 CD Children NNS or CC their PP$ descendants NNS succeed VV to TO their PP$ father NN and CC mother NN or CC other JJ ascendants NNS , , without IN distinction NN of IN sex NN or CC primogeniture NN , , even RB where WRB born VVN of IN different JJ marriages NNS . SENT Art NN . SENT 736 CD Where WRB a DT deceased JJ leaves NNS neither CC descendants NNS , , nor CC brother NN or CC sister NN , , or CC descendants NNS of IN the DT latter NN , , his PP$ father NN and CC mother NN inherit VVP from IN him PP , , each DT one CD taking VVG one CD half NN . SENT Art NN . SENT 737 CD Where WRB the DT father NN and CC mother NN have VHP died VVN before IN the DT deceased JJ and CC the DT latter NN leaves VVZ no DT descendants NNS , , the DT brothers NNS and CC sisters NNS of IN the DT deceased JJ or CC their PP$ descendants NNS inherit VVP from IN him PP , , excluding VVG the DT other JJ relatives NNS , , ascendants NNS or CC collaterals NNS . SENT Art NN . SENT 738 CD Where WRB the DT father NN and CC mother NN outlive VV the DT deceased JJ and CC the DT latter NN has VHZ no DT descendants NNS , , but CC brothers NNS and CC sisters NNS or CC descendants NNS of IN the DT latter NN , , one CD quarter NN of IN the DT succession NN devolves VVZ to TO each DT one NN of IN the DT father NN and CC mother NN , , and CC the DT remaining JJ half NN to TO the DT brothers NNS and CC sisters NNS or CC to TO their PP$ descendants NNS . SENT Where WRB only RB one CD of IN the DT father NN and CC mother NN survives VVZ , , one CD quarter NN of IN the DT succession NN devolves VVZ to TO the DT latter NN , , and CC three CD quarters NNS to TO the DT brothers NNS and CC sisters NNS or CC to TO their PP$ descendants NNS . SENT Art NN . SENT 739 CD Failing NP heirs NNS of IN the DT first JJ two CD orders NNS , , succession NN devolves VVZ to TO ascendants NNS other JJ than IN the DT father NN and CC mother NN . SENT Art NN . SENT 740 CD Failing NP heirs NNS of IN the DT first JJ three CD orders NNS , , succession NN devolves VVZ to TO collateral NN relatives NNS of IN the DT deceased VVN other JJ than IN brothers NNS and CC sisters NNS and CC the DT descendants NNS of IN the DT latter NN . SENT 2 CD Of IN Degrees NNS Art NN . SENT 741 CD The DT proximity NN of IN relationship NN is VBZ established VVN by IN the DT number NN of IN generations NNS . SENT each DT generation NN is VBZ called VVN a DT degree NN . SENT Art NN . SENT 742 CD The DT sequence NN of IN degrees NNS forms VVZ the DT line NN . SENT the DT sequence NN of IN degrees NNS between IN persons NNS descending VVG one CD from IN the DT other JJ is VBZ called VVN the DT direct JJ line NN . SENT the DT sequence NN of IN degrees NNS between IN persons NNS who WP do VVP not RB descend VV one PP from IN the DT other JJ , , but RB who WP descend VV from IN a DT common JJ ancestor NN , , is VBZ called VVN the DT collateral NN line NN . SENT Descending VVG direct JJ line NN is VBZ separated VVN from IN ascending VVG direct JJ line NN . SENT Art NN . SENT 743 CD In IN the DT direct JJ line NN , , as IN many JJ degrees NNS are VBP counted VVN as IN there EX are VBP generations NNS between IN the DT persons NNS . SENT thus RB , , a DT son NN is VBZ , , with IN regard NN to TO his PP$ father NN , , in IN the DT first JJ degree NN , , a DT grandson NN in IN the DT second NN . SENT and CC reciprocally RB the DT father NN and CC grandfather NN with IN regard NN to TO sons NNS and CC grandsons NNS . SENT In IN the DT collateral NN line NN , , degrees NNS are VBP counted VVN by IN generations NNS from IN one CD of IN the DT relatives NNS to TO and CC exclusive JJ of IN the DT common JJ ancestor NN , , and CC from IN the DT latter NN to TO the DT other JJ relative NN . SENT Thus RB , , two CD brothers NNS are VBP relatives NNS in IN the DT second JJ degree NN . SENT uncle NN and CC nephew NN are VBP in IN the DT third JJ degree NN . SENT first JJ cousins NNS in IN the DT fourth JJ degree NN . SENT and CC so RB on IN . SENT Art NN . SENT 744 CD In IN each DT order NN , , the DT heir NN who WP is VBZ in IN the DT nearest JJS degree NN excludes VVZ an DT heir NN in IN a DT later JJR degree NN . SENT In IN the DT same JJ degree NN , , heirs NNS inherit VVP in IN equal JJ shares NNS and CC by IN heads NNS . SENT The DT whole JJ , , subject JJ to TO what WP will MD be VB laid VVN down RP hereafter RB as RB to TO division NN by IN branches NNS and CC representation NN . SENT Art NN . SENT 745 CD Collateral NN relatives NNS may MD not RB inherit VVP beyond IN the DT sixth JJ degree NN . SENT 3 CD Of IN Division NN by IN Branches NNS , , Paternal JJ and CC Maternal JJ Art NN . SENT 746 CD Parenthood NN is VBZ divided VVN into IN two CD branches NNS , , depending VVG on IN whether IN it PP proceeds VVZ from IN the DT father NN or CC the DT mother NN . SENT Art NN . SENT 747 CD Where WRB succession NN devolves VVZ to TO ascendants NNS , , it PP is VBZ divided VVN in IN halves NNS between IN those DT of IN the DT paternal JJ branch NN and CC those DT of IN the DT maternal JJ branch NN . SENT Art NN . SENT 748 CD In IN each DT branch NN , , the DT ascendant NN who WP is VBZ in IN the DT nearest JJS degree NN inherits VVZ , , to TO the DT exclusion NN of IN all DT others NNS . SENT The DT ascendants NNS in IN the DT same JJ degree NN inherit VVP by IN heads NNS . SENT Failing VVG an DT ascendant NN in IN a DT branch NN , , the DT ascendants NNS of IN the DT other JJ branch NN shall MD take VV the DT whole JJ succession NN . SENT Art NN . SENT 749 CD Where WRB succession NN devolves VVZ to TO collaterals NNS other JJ than IN brothers NNS and CC sisters NNS and CC their PP$ descendants NNS , , it PP is VBZ divided VVN in IN halves NNS between IN those DT of IN the DT paternal JJ branch NN and CC those DT of IN the DT maternal JJ branch NN . SENT Art NN . SENT 750 CD In IN each DT branch NN , , the DT collateral NN who WP is VBZ in IN the DT nearest JJS degree NN inherits VVZ , , to TO the DT exclusion NN of IN all DT others NNS . SENT The DT collaterals NNS in IN the DT same JJ degree NN inherit VVP by IN heads NNS . SENT Failing VVG a DT collateral NN in IN a DT branch NN , , the DT collaterals NNS of IN the DT other JJ branch NN shall MD take VV the DT whole JJ succession NN . SENT 4 CD Of IN Representation NN Art NN . SENT 751 CD Representation NN is VBZ a DT fiction NN of IN the DT law NN which WDT causes VVZ the DT representative NN to TO enter VV into IN the DT rights NNS of IN the DT person NN represented VVD . SENT Art NN . SENT 752 CD Representation NN takes VVZ place NN without IN limitation NN in IN the DT descending VVG direct JJ line NN . SENT It PP is VBZ admitted VVN in IN all DT cases NNS , , whether IN the DT children NNS of IN the DT deceased JJ compete VV with IN the DT descendants NNS of IN a DT predeceased VVN child NN , , or CC whether IN all PDT the DT children NNS of IN the DT deceased VVN having VHG died VVN before IN him PP , , the DT descendants NNS of IN said VVN children NNS are VBP in IN equal JJ or CC unequal JJ degrees NNS between IN them PP . SENT Art NN . SENT 752 CD 1 CD Representation NN does VVZ not RB take VV place NN in IN favour NN of IN ascendants NNS . SENT in IN each DT of IN the DT two CD lines NNS , , the DT nearest JJS always RB excludes VVZ the DT remotest JJS . SENT Art NN . SENT 752 CD 2 CD In IN the DT collateral NN line NN , , representation NN is VBZ admitted VVN in IN favour NN of IN children NNS and CC descendants NNS of IN brothers NNS or CC sisters NNS of IN the DT deceased JJ , , whether IN they PP come VVP to TO the DT succession NN concurrently RB with IN uncles NNS and CC aunts NNS , , or CC whether CC , , all PDT the DT brothers NNS and CC sisters NNS of IN the DT deceased VVN having VHG died VVN before IN him PP , , the DT succession NN devolves VVZ on IN their PP$ descendants NNS in IN equal JJ or CC unequal JJ degree NN . SENT Art NN . SENT 753 CD In IN all DT cases NNS in IN which WDT representation NN is VBZ admitted VVN , , partition NN shall MD be VB made VVN by IN stocks NNS , , as RB if IN the DT represented VVN person NN came VVD to TO the DT succession NN . SENT if IN there EX is VBZ occasion NN , , it PP shall MD be VB made VVN by IN subdivision NN of IN stock NN . SENT Within IN a DT stock NN or CC subdivision NN of IN stock NN , , partition NN shall MD be VB made VVN by IN heads NNS . SENT Art NN . SENT 754 CD One NN represents VVZ predeceased VVN persons NNS , , one PP does VVZ not RB represent VV those DT who WP have VHP renounced VVD . SENT One PP may MD represent VV a DT person NN to IN whose WP$ succession NN one PP has VHZ renounced VVD . SENT Art NN . SENT 755 CD Representation NN is VBZ admitted VVN in IN favour NN of IN the DT children NNS and CC descendants NNS of IN an DT unworthy JJ heir NN , , although IN the DT latter NN is VBZ alive JJ on IN the DT opening NN of IN the DT succession NN . SENT Children NNS of IN an DT unworthy JJ heir NN conceived VVN before IN the DT opening NN of IN a DT succession NN of IN which WDT the DT unworthy JJ heir NN was VBD excluded VVN shall MD return VV to TO the DT succession NN of IN the DT latter NN the DT property NN they PP have VHP inherited VVN in IN his PP$ stead NN , , where WRB they PP come VVP in IN competition NN with IN other JJ children NNS conceived VVN after IN the DT opening NN of IN the DT first JJ succession NN . SENT Collation NN shall MD be VB made VVN under IN the DT provisions NNS of IN Section NP 2 CD of IN Chapter NP VI NP of IN this DT Title NN . SENT Section NP II NP Of IN the DT Rights NPS of IN a DT Spouse NN Entitled VVN to TO Inherit VV 1 CD Of IN the DT Nature NN of IN the DT Rights NPS , , of IN their PP$ Amount NN and CC Exercise NN Art NN . SENT 756 CD A NP spouse NN entitled VVN to TO inherit VV is VBZ called VVN to TO a DT succession NN either CC alone RB , , or CC in IN competition NN with IN the DT relatives NNS of IN a DT deceased JJ . SENT Art NN . SENT 757 CD Where WRB a DT predeceased VVN spouse NN leaves VVZ children NNS or CC descendants NNS , , the DT surviving VVG spouse NN shall MD take VV , , at IN his PP$ or CC her PP$ option NN , , either CC the DT usufruct NN of IN the DT whole NN of IN the DT existing JJ property NN or CC the DT ownership NN of IN the DT quarter NN where WRB all PDT the DT children NNS are VBP born VVN from IN both DT spouses NNS and CC the DT ownership NN of IN the DT quarter NN in IN the DT presence NN of IN one CD or CC several JJ children NNS who WP are VBP not RB born VVN from IN both DT spouses NNS . SENT Art NN . SENT 757 NP 1 CD Where WRB , , in IN the DT absence NN of IN children NNS or CC descendants NNS , , a DT deceased JJ leaves VVZ his PP$ father NN and CC mother NN , , the DT surviving VVG spouse NN shall MD take VV one CD half NN of IN the DT property NN . SENT The DT other JJ half NN devolves VVZ for IN one CD quarter NN to TO the DT father NN and CC for IN one CD quarter NN to TO the DT mother NN . SENT Where WRB the DT father NN or CC the DT mother NN is VBZ predeceased VVN , , the DT share NN which WDT he PP would MD have VHP taken VVN devolves VVZ to TO the DT surviving VVG spouse NN . SENT Art NN . SENT 757 CD 2 CD In IN the DT absence NN of IN children NNS or CC descendants NNS of IN the DT deceased JJ or CC of IN his PP$ father NN and CC mother NN , , the DT surviving VVG spouse NN shall MD take VV the DT whole JJ succession NN . SENT Art NN . SENT 757 CD 3 CD Notwithstanding IN Article NP 757 NP 2 CD , , in IN case NN of IN predecease NN of IN the DT father NN and CC mother NN and CC in IN absence NN of IN descendants NNS , , the DT property NN that IN the DT deceased JJ received VVN from IN them PP by IN succession NN or CC gift NN and CC that WDT is VBZ found VVN in IN kind NN in IN the DT succession NN devolves VVZ for IN one CD half NN to TO the DT brothers NNS and CC sisters NNS of IN the DT deceased JJ or CC to TO their PP$ descendants NNS , , themselves PP descending VVG from IN the DT predeceased VVN parent NN or CC parents NNS from IN whom WP the DT devolution NN originates VVZ . SENT Art NN . SENT 758 CD Where WRB a DT surviving VVG spouse NN takes VVZ the DT whole NN or CC the DT three CD quarters NNS of IN the DT property NN , , the DT ascendants NNS of IN the DT deceased JJ , , other JJ than IN the DT father NN and CC mother NN , , who WP are VBP in IN need NN are VBP entitled VVN to TO a DT maintenance NN obligation NN against IN the DT succession NN of IN the DT predeceased VVN . SENT The DT period NN within IN which WDT it PP may MD be VB claimed VVN is VBZ of IN one CD year NN after IN the DT death NN or CC the DT moment NN from IN which WDT the DT heirs NNS cease VVP to TO perform VV the DT payments NNS they PP made VVD before RB to TO the DT ascendants NNS . SENT In IN case NN of IN undivided JJ ownership NN the DT period NN shall MD be VB extended VVN until IN the DT completion NN of IN the DT partition NN . SENT Periodical JJ payments NNS shall MD be VB obtained VVN from IN the DT succession NN . SENT They PP shall MD be VB borne VVN by IN all PDT the DT heirs NNS and CC , , in IN case NN of IN insufficiency NN , , by IN all PDT the DT specific JJ legatees NNS , , in IN proportion NN to TO what WP they PP received VVD . SENT If IN , , however RB , , the DT deceased JJ expressly RB declared VVN that IN such JJ legacy NN should MD be VB paid VVN in IN preference NN to TO the DT other JJ , , Article NP 927 CD shall MD apply VV . SENT Art NN . SENT 758 CD 1 CD Where WRB a DT surviving VVG spouse NN has VHZ an DT option NN between IN ownership NN or CC usufruct NN , , his PP$ or CC her PP$ rights NNS may MD not RB be VB assigned VVN so RB long RB as IN he PP or CC she PP did VVD not RB exercise VV the DT option NN . SENT Art NN . SENT 758 CD 2 CD The DT option NN of IN a DT spouse NN between IN usufruct NN and CC ownership NN may MD be VB proved VVN by IN any DT means NNS . SENT Art NN . SENT 758 CD 3 CD Any DT heir NN may MD request VV in IN writing VVG a DT spouse NN to TO exercise VV his PP$ or CC her PP$ option NN . SENT Where WRB he PP or CC she PP fails VVZ to TO come VV to TO a DT decision NN in IN writing VVG within IN three CD months NNS , , the DT spouse NN shall MD be VB deemed VVN to TO have VH chosen VVN the DT usufruct NN . SENT Art NN . SENT 758 CD 4 CD Where WRB he PP or CC she PP dies VVZ without IN having VHG come VVN to TO a DT decision NN , , the DT spouse NN shall MD be VB deemed VVN to TO have VH chosen VVN the DT usufruct NN . SENT Art NN . SENT 758 CD 5 CD The DT calculation NN of IN the DT right NN in IN full JJ ownership NN of IN a DT spouse NN provided VVD for IN in IN Articles NNS 757 CD and CC 757 CD 1 CD must MD be VB effected VVN on IN an DT aggregate NN formed VVN of IN all PDT the DT property NN existing VVG at IN the DT death NN of IN his PP$ or CC her PP$ spouse NN to TO which WDT shall MD be VB united VVN fictitiously RB that IN which WDT he PP or CC she PP has VHZ disposed VVN with IN , , by IN an DT act NN inter VV vivos NNS or CC testamentary JJ , , in IN favour NN of IN persons NNS entitled VVN to TO inherit VV , , by IN way NN of IN advancement NN . SENT The DT spouse NN may MD exercise VV his PP$ or CC her PP$ right NN only RB on IN property NN which WDT the DT predeceased VVD has VHZ not RB disposed VVN with IN by IN act NN inter VV vivos NNS or CC testamentary JJ , , and CC without IN prejudicing VVG reserved JJ rights NNS or CC rights NNS to TO collation NN . SENT 2 CD Of IN the DT Conversion NN of IN a DT Usufruct NN Art NN . SENT 759 CD Any DT usufruct NN belonging VVG to TO a DT spouse NN upon IN the DT property NN of IN the DT predeceased VVN , , whether IN it PP results VVZ from IN legislation NN , , from IN a DT will NN or CC from IN a DT gift NN of IN future JJ property NN , , gives VVZ rise NN to TO a DT power NN of IN conversion NN into IN a DT life NN annuity NN , , on IN request NN of IN one CD of IN the DT heirs NNS bare JJ owners NNS or CC of IN the DT spouse NN himself PP or CC herself PP entitled VVD to TO inherit VV . SENT Art NN . SENT 759 CD 1 CD A DT power NN of IN conversion NN may MD not RB be VB renounced VVD . SENT Coheirs NNS may MD not RB be VB deprived VVN of IN it PP by IN the DT intention NN of IN the DT predeceased VVN . SENT Art NN . SENT 760 CD Failing NP an DT agreement NN between IN the DT parties NNS , , an DT application NN for IN conversion NN shall MD be VB referred VVN to TO the DT judge NN . SENT It PP may MD be VB instituted VVN until IN final JJ partition NN . SENT Where WRB he PP entertains VVZ the DT application NN for IN conversion NN , , the DT judge NN shall MD determine VV the DT amount NN of IN the DT annuity NN , , the DT guarantees NNS which WDT the DT debtor JJ heirs NNS shall MD give VV , , as RB well RB as IN the DT appropriate JJ kind NN of IN index NN linking VVG to TO maintain VV the DT initial JJ equivalence NN of IN the DT annuity NN to TO the DT usufruct NN . SENT The DT judge NN , , however RB , , may MD not RB order VV against IN the DT intention NN of IN the DT spouse NN the DT conversion NN of IN the DT usufruct NN bearing NN on IN the DT lodging NN which WDT he PP or CC she PP occupies VVZ as IN his PP$ or CC her PP$ main JJ residence NN , , as RB well RB as RB on IN the DT furniture NN with IN which WDT it PP is VBZ fitted VVN . SENT Art NN . SENT 761 CD Through IN an DT agreement NN between IN the DT heirs NNS and CC the DT spouse NN , , it PP may MD be VB proceeded VVN to TO a DT conversion NN of IN the DT usufruct NN of IN the DT spouse NN into IN a DT capital NN . SENT Art NN . SENT 762 CD The DT conversion NN of IN an DT usufruct NN is VBZ part NN of IN the DT performing NN of IN a DT partition NN . SENT It PP does VVZ not RB produce VV a DT retroactive JJ effect NN , , save VV stipulations NNS of IN the DT parties NNS to TO the DT contrary NN . SENT 3 CD Of IN the DT Temporary JJ Right RB to TO Lodging VVG and CC of IN the DT Right NP for IN Life NP to TO Lodging NN Art NN . SENT 763 CD Where WRB , , at IN the DT time NN of IN the DT death NN , , a DT spouse NN entitled VVN to TO inherit VV actually RB occupies VVZ , , as IN his PP$ or CC her PP$ main JJ habitation NN , , a DT lodging NN belonging VVG to TO the DT spouses NNS or CC fully RB depending VVG upon IN the DT succession NN , , he PP or CC she PP has VHZ by IN operation NN of IN law NN , , during IN one CD year NN , , the DT gratuitous JJ enjoyment NN of IN that DT lodging NN , , as RB well RB as RB of IN the DT furniture NN , , included VVN in IN the DT succession NN , , with IN which WDT it PP is VBZ fitted VVN . SENT Where WRB his PP$ or CC her PP$ habitation NN was VBD secured VVN through IN a DT lease NN , , the DT rents NNS thereof RB shall MD be VB repaid VVN to TO him PP or CC her PP$ during IN the DT year NN , , as IN the DT payments NNS proceed VVP . SENT The DT rights NNS provided VVN for IN in IN this DT Article NN shall MD be VB deemed VVN direct JJ effects NNS of IN the DT marriage NN and CC not RB rights NNS of IN inheritance NN . SENT This DT Article NN is VBZ mandatory JJ . SENT Art NN . SENT 764 CD Save NP intention NN to TO the DT contrary NN expressed VVD by IN the DT deceased JJ in IN the DT way NN provided VVD for IN in IN Article NP 971 CD , , a DT spouse NN entitled VVN to TO inherit VV who WP actually RB occupied VVD , , at IN the DT time NN of IN the DT death NN , , as IN his PP$ or CC her PP$ main JJ habitation NN , , a DT lodging NN belonging VVG to TO the DT spouses NNS or CC fully RB depending VVG upon IN the DT succession NN , , has VHZ on IN this DT lodging NN , , until IN his PP$ or CC her PP$ death NN , , a DT right NN of IN habitation NN and CC a DT right NN of IN use NN on IN the DT furniture NN , , included VVN in IN the DT succession NN , , with IN which WDT it PP is VBZ fitted VVN . SENT Those DT rights NNS of IN habitation NN and CC of IN use NN are VBP exercised VVN subject JJ to TO the DT conditions NNS provided VVN for IN in IN Articles NNS 627 CD , , 631 CD , , 634 CD and CC 635 CD . SENT The DT spouse NN , , the DT other JJ heirs NNS , , or CC one CD of IN them PP may MD insist VV on IN an DT inventory NN of IN the DT movables NNS and CC a DT statement NN of IN the DT immovable JJ subjected VVN to TO the DT rights NNS of IN use NN and CC of IN habitation NN being VBG drawn VVN up RP . SENT Notwithstanding IN Articles NNS 631 CD and CC 634 CD , , where WRB it PP results VVZ from IN the DT situation NN of IN the DT spouse NN that IN the DT lodging VVG subject NN to TO the DT right NN of IN habitation NN is VBZ no DT longer RB adapted VVN to TO his PP$ or CC her PP$ needs NNS , , the DT spouse NN or CC his PP$ or CC her PP$ representative NN may MD lease VV it PP for IN an DT use NN other JJ than IN commercial JJ or CC rural JJ in IN order NN to TO provide VV necessary JJ means NNS for IN new JJ conditions NNS of IN dwelling NN . SENT Art NN . SENT 765 CD The DT value NN of IN the DT rights NNS of IN habitation NN and CC use NN shall MD be VB appropriated VVN to TO the DT value NN of IN the DT rights NNS of IN succession NN taken VVN by IN the DT spouse NN . SENT Where WRB the DT value NN of IN the DT rights NNS of IN habitation NN and CC use NN is VBZ lesser JJR than IN that DT of IN the DT rights NNS of IN succession NN , , the DT spouse NN may MD take VV the DT remainder NN on IN the DT existing JJ property NN . SENT Where WRB the DT value NN of IN the DT rights NNS of IN habitation NN and CC use NN is VBZ higher JJR than IN that DT of IN his PP$ or CC her PP$ rights NNS of IN succession NN , , the DT spouse NN is VBZ not RB bound VVN to TO compensate VV the DT succession NN on IN account NN of IN the DT excess NN . SENT Art NN . SENT 765 CD 1 CD A DT spouse NN has VHZ one CD year NN after IN the DT death NN in IN order NN to TO evidence NN his PP$ or CC her PP$ intention NN to TO benefit VV from IN those DT rights NNS of IN habitation NN and CC use NN . SENT Art NN . SENT 765 CD 2 CD Where WRB the DT lodging NN was VBD the DT subject NN of IN a DT lease NN , , a DT spouse NN entitled VVN to TO inherit VV who WP , , at IN the DT time NN of IN the DT death NN , , actually RB occupied VVD the DT premises NNS as IN his PP$ or CC her PP$ main JJ habitation NN benefits NNS by IN the DT right NN of IN use NN upon IN the DT furniture NN , , included VVN in IN the DT succession NN , , with IN which WDT it PP is VBZ fitted VVN . SENT Art NN . SENT 766 CD A NP spouse NN entitled VVN to TO inherit VV and CC the DT heirs NNS may MD , , by IN agreement NN , , convert VV the DT rights NNS of IN habitation NN and CC use NN into IN a DT life NN annuity NN or CC a DT capital NN . SENT Where WRB a DT minor JJ or CC a DT protected JJ adult NN are VBP among IN the DT parties NNS to TO an DT agreement NN , , the DT latter NN must MD be VB authorized VVN by IN the DT judge NN of IN guardianships NNS . SENT 4 CD Of IN the DT Right RB to TO Maintenance NN Art NN . SENT 767 NP The DT succession NN of IN a DT predeceased VVN spouse NN owes VVZ maintenance NN to TO a DT spouse NN entitled VVN to TO inherit VV who WP is VBZ in IN need NN . SENT The DT period NN within IN which WDT to TO claim VV it PP is VBZ one CD year NN after IN the DT death NN or CC the DT time NN where WRB the DT heirs NNS cease VVP to TO perform VV the DT payments NNS they PP made VVD before RB to TO the DT spouse NN . SENT In IN case NN of IN undivided JJ ownership NN the DT period NN shall MD be VB extended VVN until IN the DT completion NN of IN the DT partition NN . SENT Periodical JJ payments NNS shall MD be VB obtained VVN from IN the DT succession NN . SENT They PP shall MD be VB borne VVN by IN all PDT the DT heirs NNS and CC , , in IN case NN of IN insufficiency NN , , by IN all PDT the DT specific JJ legatees NNS , , in IN proportion NN to TO what WP they PP received VVD . SENT If IN , , however RB , , the DT deceased JJ expressly RB declared VVN that IN such JJ legacy NN should MD be VB paid VVN in IN preference NN to TO the DT other JJ , , Article NP 927 CD shall MD apply VV . SENT CHAPTER NN IV NP OF IN THE DT RIGHTS NNS OF IN THE DT STATE NN Art NN . SENT 768 CD Ord NP . SENT n NN 58 CD 1307 CD of IN 23 CD Dec NP . SENT 1958 CD In IN absence NN of IN heirs NNS , , a DT succession NN is VBZ acquired VVN by IN the DT State NN . SENT Art NN . SENT 769 CD Ord NP . SENT n NN 58 CD 1307 CD of IN 23 CD Dec NP . SENT 1958 CD The DT administration NN of IN Domains NNS which WDT claims VVZ a DT right NN to TO a DT succession NN is VBZ bound VVN to TO have VH seals NNS affixed VVN and CC to TO cause VV an DT inventory NN to TO be VB made VVN in IN the DT forms NNS prescribed VVN for IN the DT acceptance NN of IN successions NNS under IN benefit NN of IN inventory NN . SENT Art NN . SENT 770 CD Ord NP . SENT n NN 58 CD 1307 CD of IN 23 CD Dec NP . SENT 1958 CD It PP must MD petition VV to TO obtain VV from IN the DT tribunal NN de FW grande JJ instance NN in IN whose WP$ territorial JJ jurisdiction NN the DT succession NN was VBD opened VVN , , a DT court NN order NN to TO take VV possession NN . SENT It PP is VBZ dispensed VVD from IN using VVG the DT services NNS of IN a DT counsel NN . SENT the DT court NN shall MD rule VV on IN the DT petition NN three CD months NNS and CC forty NN days NNS after IN a DT notice NN and CC bill NN in IN the DT usual JJ forms NNS , , and CC after IN having VHG heard VVN the DT Government NP procurator NN . SENT Where WRB , , the DT vacancy NN having VHG been VBN duly RB declared VVN , , the DT administration NN of IN Domains NNS has VHZ been VBN appointed VVN curator NN , , it PP may MD , , before IN filing VVG its PP$ petition NN , , proceed VV by IN itself PP to TO the DT formalities NNS of IN notice NN provided VVN for IN in IN the DT preceding JJ paragraph NN . SENT In IN all DT cases NNS , , bill NN sticking NN shall MD be VB proved VVN by IN a DT copy NN of IN the DT bill NN signed VVN by IN the DT director NN of IN Domains NNS and CC bearing VVG a DT certificate NN of IN the DT mayor NN of IN the DT place NN of IN opening NN of IN the DT succession NN . SENT Art NN . SENT 771 CD repealed VVN Art NN . SENT 772 CD Ord NP . SENT n NN 58 CD 1307 CD of IN 23 CD Dec NP . SENT 1958 CD The DT administration NN of IN Domains NNS which WDT does VVZ not RB fulfil VV the DT formalities NNS prescribed VVN for IN it PP may MD be VB ordered VVN to TO pay VV damages NNS to TO the DT heirs NNS , , if IN any DT should MD appear VV . SENT Art NN . SENT 773 CD repealed VVN CHAPTER NN V NN OF IN THE DT ACCEPTANCE NN AND CC REPUDIATION NN OF IN SUCCESSIONS NNS Section NN I NN Of IN Acceptance NP Art NP . SENT 774 CD A NP succession NN may MD be VB accepted VVN outright JJ or CC subject JJ to TO benefit VV of IN inventory NN . SENT Art NN . SENT 775 CD No RB one PP is VBZ obliged VVN to TO accept VV a DT succession NN which WDT devolves VVZ upon IN him PP . SENT Art NN . SENT 776 CD Act NP of IN 18 CD Feb NN . SENT 1938 CD Successions NNS devolving VVG on IN minors NNS and CC on IN adults NNS in IN guardianship NN may MD be VB lawfully RB accepted VVN only RB in IN accordance NN with IN the DT provisions NNS of IN the DT Title NP Of IN Minority NP , , of IN Guardianship NN and CC of IN Emancipation NN . SENT Art NN . SENT 777 CD The NP effects NNS of IN acceptance NN go VVP back RB to TO the DT day NN of IN the DT opening NN of IN the DT succession NN . SENT Art NN . SENT 778 CD Acceptance NP may MD be VB express JJ or CC by IN conduct NN . SENT it PP is VBZ express JJ where WRB one PP assumes VVZ the DT title NN or CC capacity NN of IN heir NN in IN an DT authentic JJ or CC private JJ instrument NN . SENT it PP is VBZ by IN conduct NN where WRB the DT heir NN does VVZ an DT act NN which WDT necessarily RB implies VVZ his PP$ intention NN of IN accepting VVG and CC which WDT he PP would MD be VB entitled VVN to TO do VV only RB in IN his PP$ capacity NN as IN heir NN . SENT Art NN . SENT 779 CD Acts NNS of IN mere JJ preservation NN , , supervision NN and CC interim JJ administration NN are VBP not RB acts NNS of IN acceptance NN of IN a DT succession NN , , unless IN the DT title NN or CC capacity NN of IN heir NN has VHZ been VBN assumed VVN therein RB . SENT Art NN . SENT 780 CD A NP gift NN , , sale NN or CC assignment NN of IN his PP$ rights NNS of IN inheritance NN made VVN by IN one CD of IN the DT co NP heirs NNS , , either CC to TO a DT stranger NN , , or CC to TO all PDT his PP$ co NP heirs NNS , , or CC to TO some DT of IN them PP , , involves VVZ on IN his PP$ part NN acceptance NN of IN the DT succession NN . SENT It PP shall MD be VB the DT same JJ . SENT 1 CD as RB to TO the DT renunciation NN , , even RB gratuitous JJ , , which WDT one CD of IN the DT heirs NNS makes VVZ in IN favour NN of IN one CD or CC several JJ of IN his PP$ co NP heirs NNS . SENT 2 CD as RB to TO the DT renunciation NN which WDT he PP makes VVZ in IN favour NN of IN all PDT his PP$ co NP heirs NNS without IN distinction NN , , where WRB he PP receives VVZ the DT price NN of IN his PP$ renunciation NN . SENT Art NN . SENT 781 CD Where WRB a DT person NN to TO whom WP a DT succession NN has VHZ devolved VVN dies VVZ without IN having VHG repudiated VVD it PP or CC without IN having VHG accepted VVN it PP expressly RB or CC by IN conduct NN , , his PP$ heirs NNS may MD accept VV or CC repudiate VV it PP on IN his PP$ behalf NN . SENT Art NN . SENT 782 CD Where WRB those DT heirs NNS do VVP not RB agree VV as RB to TO accepting VVG or CC repudiating VVG the DT succession NN , , it PP must MD be VB accepted VVN under IN benefit NN of IN inventory NN . SENT Art NN . SENT 783 CD An DT adult NN may MD attack VV an DT acceptance NN , , express VV or CC by IN conduct NN , , which WDT he PP made VVD of IN a DT succession NN , , only RB in IN the DT case NN where WRB that DT acceptance NN was VBD the DT result NN of IN a DT deception NN committed VVN upon IN him PP . SENT he PP may MD never RB claim VV on IN the DT ground NN that IN he PP suffered VVD loss NN , , except IN only RB in IN the DT case NN where WRB the DT succession NN is VBZ absorbed VVN or CC reduced VVN more JJR than IN one CD half NN through IN the DT discovery NN of IN a DT will NN unknown NN at IN the DT time NN of IN the DT acceptance NN . SENT Section NP II NP Of IN the DT Renunciation NN of IN Successions NNS Art NN . SENT 784 CD Renunciation NN of IN a DT succession NN may MD not RB be VB presumed VVN . SENT it PP may MD only RB be VB made VVN at IN the DT court NN office NN of IN the DT tribunal NN de FW grande JJ instance NN in IN the DT arrondissement NN of IN which WDT the DT succession NN was VBD opened VVN , , on IN a DT special JJ register NN kept VVN for IN that DT purpose NN . SENT Art NN . SENT 785 CD An DT heir NN who WP renounces VVZ shall MD be VB deemed VVN to TO have VH never RB been VBN an DT heir NN . SENT Art NN . SENT 786 CD The DT share NN of IN a DT renouncing VVG heir NN accrues VVZ to TO his PP$ co NP heirs NNS . SENT where WRB he PP is VBZ alone RB , , it PP devolves VVZ upon IN the DT next JJ degree NN . SENT Art NN . SENT 787 CD One CD may MD never RB take VV by IN representation NN of IN an DT heir NN who WP renounced VVD . SENT where WRB the DT person NN renouncing VVG is VBZ the DT only JJ heir NN in IN his PP$ degree NN , , or CC where WRB all PDT the DT co NP heirs NNS renounce VV , , children NNS come VVP in IN their PP$ own JJ right NN and CC inherit VVP by IN heads NNS . SENT Art NN . SENT 788 CD Creditors NNS of IN one CD who WP renounces VVZ to TO the DT detriment NN of IN their PP$ rights NNS may MD be VB authorized VVN by IN the DT court NN to TO accept VV the DT succession NN on IN behalf NN of IN their PP$ debtor NN , , in IN his PP$ place NN and CC stead NN . SENT In IN that DT case NN , , the DT renunciation NN is VBZ avoided VVN only RB in IN favour NN of IN the DT creditors NNS and CC to TO the DT extent NN only RB of IN their PP$ claims NNS . SENT it PP is VBZ not RB so RB in IN favour NN of IN the DT heir NN who WP renounced VVD . SENT Art NN . SENT 789 CD The DT power NN to TO accept VV or CC repudiate VV a DT succession NN is VBZ extinguished VVN by IN the DT length NN of IN time NN required VVN for IN the DT longest JJS prescription NN of IN immovable JJ rights NNS . SENT Art NN . SENT 790 CD So RB long JJ as IN prescription NN of IN the DT right NN to TO accept VV is VBZ not RB effective JJ against IN the DT heirs NNS who WP renounced VVD , , they PP have VHP the DT power NN to TO still RB accept VV the DT succession NN , , where WRB it PP has VHZ not RB already RB been VBN accepted VVN by IN other JJ heirs NNS . SENT without IN prejudice NN , , however RB , , to TO the DT rights NNS which WDT third JJ parties NNS may MD have VH acquired VVN to TO property NN of IN the DT succession NN , , either CC by IN prescription NN , , or CC by IN transactions NNS lawfully RB entered VVD into IN with IN the DT curator NN of IN the DT vacant JJ succession NN . SENT Art NN . SENT 791 CD One CD may MD not RB , , even RB by IN an DT ante NN nuptial JJ agreement NN , , renounce VV the DT succession NN of IN a DT living VVG person NN or CC transfer VV contingent JJ rights NNS which WDT one PP may MD have VH to TO that DT succession NN . SENT Art NN . SENT 792 CD Heirs NNS who WP have VHP misappropriated VVN or CC concealed VVN items NNS of IN property NN of IN a DT succession NN , , are VBP deprived VVN of IN the DT power NN to TO renounce VV it PP . SENT they PP remain VVP outright JJ heirs NNS , , notwithstanding IN their PP$ renunciation NN , , without IN being VBG allowed VVN to TO claim VV any DT share NN in IN the DT things NNS misappropriated VVN or CC concealed VVN . SENT Section NP III NP Of IN the DT Benefit NP of IN Inventory NN , , of IN its PP$ Effects NNS and CC of IN the DT Obligations NNS of IN a DT Beneficiary NN Heir NN Art NN . SENT 793 CD The DT declaration NN of IN an DT heir NN , , that WDT he PP intends VVZ to TO assume VV that DT capacity NN only RB under IN benefit NN of IN inventory NN , , must MD be VB made VVN at IN the DT court NN office NN of IN the DT tribunal NN de FW grande JJ instance NN in IN the DT arrondissement NN of IN which WDT the DT succession NN was VBD opened VVN . SENT it PP must MD be VB entered VVN on IN the DT register NN designed VVN for IN receiving VVG acts NNS of IN renunciation NN . SENT Art NN . SENT 794 CD That IN declaration NN is VBZ effective JJ only RB where WRB it PP is VBZ preceded VVN or CC followed VVN by IN a DT true JJ and CC exact JJ inventory NN of IN the DT property NN of IN the DT succession NN , , in IN the DT manner NN prescribed VVN by IN the DT legislation NN on IN procedure NN , , and CC within IN the DT periods NNS which WDT shall MD be VB hereafter RB specified VVN . SENT Art NN . SENT 795 CD An DT heir NN has VHZ three CD months NNS for IN making VVG the DT inventory NN , , from IN the DT day NN of IN the DT opening NN of IN the DT succession NN . SENT He PP has VHZ in IN addition NN , , for IN deliberating VVG on IN his PP$ acceptance NN or CC renunciation NN , , a DT period NN of IN forty NN days NNS , , which WDT shall MD commence VV to TO run VV from IN the DT day NN of IN expiry NN of IN the DT three CD months NNS given VVN for IN the DT inventory NN , , or CC from IN the DT day NN of IN the DT closing NN of IN the DT inventory NN if IN it PP was VBD finished VVN before IN the DT three CD months NNS . SENT Art NN . SENT 796 CD Where WRB , , however RB , , there RB exist VVP in IN the DT succession NN articles NNS liable JJ to TO waste VV away RP or CC costly JJ to TO keep VV , , an DT heir NN may MD , , in IN his PP$ capacity NN of IN being VBG entitled VVN to TO inherit VV , , and CC without IN there RB being VBG an DT acceptance NN on IN his PP$ part NN thereby RB presumed JJ , , have VH himself PP authorized VVN by IN the DT court NN to TO proceed VV to TO a DT sale NN of IN those DT articles NNS . SENT That DT sale NN must MD be VB done VVN by IN a DT public JJ officer NN , , after IN the DT bills NNS and CC notice NN regulated VVN by IN legislation NN on IN procedure NN . SENT Art NN . SENT 797 CD While IN the DT periods NNS for IN making VVG an DT inventory NN and CC deliberating VVG are VBP elapsing VVG , , an DT heir NN may MD not RB be VB compelled VVN to TO assume VV a DT capacity NN and CC no DT judgment NN may MD be VB obtained VVN against IN him PP . SENT where WRB he PP renounces VVZ when WRB the DT periods NNS have VHP elapsed VVN or CC before RB , , the DT expenses NNS which WDT he PP has VHZ lawfully RB incurred VVN up RP to TO that DT time NN are VBP the DT responsibility NN of IN the DT succession NN . SENT Art NN . SENT 798 CD After IN the DT expiry NN of IN the DT above RB mentioned VVN periods NNS , , an DT heir NN , , in IN case NN of IN proceedings NNS brought VVN against IN him PP , , may MD require VV a DT new JJ period NN which WDT the DT court NN to TO which WDT the DT matter NN was VBD referred VVN may MD grant VV or CC refuse VV according VVG to TO the DT circumstances NNS . SENT Art NN . SENT 799 CD The NP costs NNS of IN the DT proceedings NNS , , in IN the DT case NN of IN the DT preceding JJ Article NN , , are VBP the DT responsibility NN of IN the DT succession NN , , where WRB the DT heir NN proves VVZ either RB that IN he PP had VHD no DT knowledge NN of IN the DT death NN , , or CC that IN the DT periods NNS were VBD insufficient JJ , , either CC because IN of IN the DT location NN of IN the DT property NN , , or CC because IN of IN the DT controversies NNS which WDT have VHP arisen VVN . SENT where WRB he PP does VVZ not RB make VV that DT proof NN , , the DT costs NNS are VBP his PP$ personal JJ responsibility NN . SENT Art NN . SENT 800 CD Nevertheless RB , , after IN the DT expiry NN of IN the DT periods NNS granted VVN by IN Article NP 795 CD , , and CC even RB of IN those DT given VVN by IN the DT judge NN under IN Article NP 798 CD , , an DT heir NN keeps VVZ the DT power NN to TO still RB make VV an DT inventory NN and CC to TO stand VV as IN heir NN beneficiary NN , , where WRB he PP has VHZ not RB acted VVN as IN heir NN or CC where WRB there EX does VVZ not RB exist VV against IN him PP a DT judgment NN having VHG become VVN res NN judicata NN which WDT condemns VVZ him PP in IN the DT capacity NN of IN outright JJ heir NN . SENT Art NN . SENT 801 CD An DT heir NN who WP has VHZ been VBN guilty JJ of IN concealment NN or CC who WP has VHZ omitted VVN , , knowingly RB and CC in IN bad JJ faith NN , , to TO include VV articles NNS of IN the DT succession NN in IN the DT inventory NN , , is VBZ deprived VVN of IN the DT benefit NN of IN inventory NN . SENT Art NN . SENT 802 CD The DT effect NN of IN the DT benefit NN of IN inventory NN is VBZ to TO give VV an DT heir NN the DT advantage NN . SENT 1 LS To TO be VB obliged VVN to TO pay VV the DT debts NNS of IN the DT succession NN only RB to TO the DT extent NN of IN the DT value NN of IN the DT property NN which WDT he PP receives VVZ , , and CC even RB to TO be VB allowed VVN to TO discharge VV himself PP from IN paying VVG the DT debts NNS by IN abandoning VVG all PDT the DT property NN of IN the DT succession NN to TO the DT creditors NNS and CC legatees NNS . SENT 2 CD Not RB to TO mingle VV his PP$ personal JJ property NN with IN that DT of IN the DT succession NN , , and CC to TO keep VV against IN it PP the DT right NN to TO ask VV for IN payment NN of IN his PP$ claims NNS . SENT Art NN . SENT 803 CD A NP beneficiary NN heir NN is VBZ responsible JJ for IN administering VVG the DT property NN of IN the DT succession NN , , and CC must MD account VV for IN his PP$ administration NN to TO creditors NNS and CC legatees NNS . SENT He PP may MD be VB constrained VVN as RB to TO his PP$ personal JJ property NN only RB after IN having VHG been VBN given VVN notice NN to TO present VV his PP$ account NN , , and CC having VHG failed VVN to TO comply VV with IN that DT obligation NN . SENT After IN an DT auditing NN of IN the DT account NN , , he PP may MD be VB constrained VVN as RB to TO his PP$ personal JJ property NN only RB to TO the DT extent NN of IN the DT balance NN of IN which WDT he PP is VBZ debtor JJ . SENT Art NN . SENT 804 CD He PP is VBZ liable JJ only RB for IN gross JJ faults NNS in IN the DT administration NN for IN which WDT he PP has VHZ charge NN . SENT Art NN . SENT 805 CD He PP may MD sell VV movables NNS of IN the DT succession NN only RB through IN a DT public JJ officer NN , , by IN auction NN and CC after IN the DT usual JJ bills NNS and CC notices NNS . SENT Where WRB he PP produces VVZ them PP in IN kind NN , , he PP is VBZ liable JJ only RB for IN depreciation NN or CC deterioration NN caused VVN by IN his PP$ negligent JJ conduct NN . SENT Art NN . SENT 806 CD He PP may MD sell VV immovables NNS only RB in IN the DT forms NNS prescribed VVN by IN the DT rules NNS of IN procedure NN . SENT he PP is VBZ obliged VVN to TO transfer VV the DT proceeds NNS thereof RB to TO mortgage NN creditors NNS who WP made VVD themselves PP known VVN . SENT Art NN . SENT 807 CD Where WRB creditors NNS or CC other JJ persons NNS concerned VVD so RB require VV , , he PP is VBZ obliged VVN to TO give VV good JJ and CC solvent JJ security NN for IN the DT value NN of IN the DT movables NNS contained VVN in IN the DT inventory NN and CC for IN the DT portion NN of IN the DT proceeds NNS of IN the DT immovables NNS not RB transferred VVN to TO mortgage NN creditors NNS . SENT Where WRB he PP fails VVZ to TO give VV that DT security NN , , the DT movables NNS shall MD be VB sold VVN and CC the DT proceeds NNS thereof RB deposited VVN , , as RB well RB as IN the DT proceeds NNS not RB transferred VVN of IN the DT immovables NNS , , for IN the DT purpose NN of IN discharging VVG the DT liabilities NNS of IN the DT succession NN . SENT Art NN . SENT 808 CD Where WRB there EX are VBP attaching VVG creditors NNS , , a DT beneficiary NN heir NN may MD pay VV only RB in IN the DT order NN and CC manner NN fixed VVN by IN the DT judge NN . SENT Where WRB there EX are VBP no RB attaching VVG creditors NNS he PP shall MD pay VV creditors NNS and CC legatees NNS as IN they PP present VVP themselves PP . SENT Art NN . SENT 809 CD Creditors NNS who WP did VVD not RB attach VV , , who WP present VVP themselves PP after IN the DT auditing NN of IN the DT account NN and CC the DT payment NN of IN the DT balance NN , , may MD only RB exercise VV their PP$ remedies NNS against IN the DT legatees NNS . SENT In IN either DT case NN , , the DT remedy NN is VBZ time NN barred VVN after IN the DT lapse NN of IN three CD years NNS , , after IN the DT day NN of IN the DT auditing NN of IN the DT account NN and CC the DT payment NN of IN the DT balance NN . SENT Art NN . SENT 810 CD Costs NNS of IN seals NNS , , if IN any DT have VHP been VBN affixed VVN , , of IN inventory NN and CC of IN account NN , , are VBP charged VVN against IN the DT succession NN . SENT Section NP IV NP Of IN Vacant JJ Successions NNS Art NN . SENT 811 CD Where WRB , , after IN expiry NN of IN the DT periods NNS for IN making VVG the DT inventory NN and CC deliberating VVG , , no DT one NN presents VVZ himself PP to TO claim VV a DT succession NN , , and CC there EX are VBP no RB known VVN heirs NNS or CC the DT known VVN heirs NNS have VHP renounced VVD , , the DT succession NN is VBZ deemed VVN vacant JJ . SENT Art NN . SENT 812 CD The DT tribunal NN de FW grande JJ instance NN in IN whose WP$ arrondissement NN it PP is VBZ opened VVN , , shall MD appoint VV a DT curator NN on IN request NN of IN the DT persons NNS concerned VVN , , or CC on IN demand NN of IN the DT Government NP procurator NN . SENT Art NN . SENT 813 CD A DT curator NN of IN a DT vacant JJ succession NN is VBZ obliged VVN first RB of IN all DT to TO have VH its PP$ state NN of IN being VBG established VVN by IN an DT inventory NN . SENT he PP shall MD exercise VV and CC enforce VV its PP$ rights NNS . SENT he PP shall MD answer VV claims NNS brought VVN against IN it PP . SENT he PP shall MD administer VV , , with IN the DT responsibility NN of IN having VHG the DT funds NNS forming VVG part NN of IN the DT succession NN , , as RB well RB as IN the DT proceeds NNS from IN the DT sale NN of IN movables NNS or CC immovables NNS , , deposited VVN into IN the DT funds NNS of IN the DT receiver NN of IN the DT national JJ office NN for IN the DT preservation NN of IN rights NNS and CC with IN the DT responsibility NN of IN accounting NN to TO whomever VV it PP may MD belong VV . SENT Art NN . SENT 814 CD The NP provisions NNS of IN Section NP III NP of IN this DT Chapter NN , , on IN the DT forms NNS of IN an DT inventory NN , , the DT method NN of IN administration NN , , and CC the DT accounts NNS to TO be VB rendered VVN by IN a DT beneficiary NN heir NN , , shall MD apply VV moreover RB to TO curators NNS of IN vacant JJ successions NNS , , insofar RB as IN they PP are VBP not RB contrary JJ to TO the DT provisions NNS of IN Articles NNS 1000 CD and CC 1001 CD of IN the DT Code NP of IN Civil NP Procedure NN Ord NP . SENT n NN 58 CD 1007 CD of IN 24 CD Oct NP . SENT 1958 CD . SENT CHAPTER NN VI NP OF IN PARTITION NN AND CC OF IN COLLATIONS NNS Section NN I NN Of IN Undivided JJ Ownership NN and CC of IN the DT Action NP for IN Partition NN Art NN . SENT 815 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD No RB one PP may MD be VB compelled VVN to TO remain VV in IN undivided JJ ownership NN and CC a DT partition NN may MD always RB be VB induced VVN , , unless IN it PP was VBD delayed VVN by IN judgment NN or CC agreement NN . SENT On IN request NN of IN an DT undivided JJ co NP owner NN , , a DT court NN may MD delay VV partition VV Act NP n NN 78 CD 627 CD of IN 10 CD June NP 1978 CD for IN two CD years NNS at IN the DT most JJS where WRB its PP$ immediate JJ carrying NN out RB could MD affect VV the DT value NN of IN the DT undivided JJ property NN or CC where WRB one CD of IN the DT undivided JJ co NP owners NNS can MD settle VV in IN an DT agricultural JJ holding NN depending VVG on IN the DT succession NN only RB at IN the DT end NN of IN that DT period NN Act NP n NN 80 CD 502 CD of IN 4 CD July NP 1980 CD . SENT That DT delay NN may MD be VB applied VVN to TO the DT whole NN of IN the DT undivided JJ property NN or CC only RB to TO part NN of IN it PP . SENT Furthermore RB , , where WRB undivided JJ co NP owners NNS wish VVP to TO remain VV in IN undivided JJ ownership NN , , the DT court NN may MD , , on IN request NN of IN one CD or CC several JJ of IN them PP , , on IN the DT basis NN of IN the DT interests NNS as IN they PP stand VVP , , and CC without IN prejudice NN to TO the DT application NN of IN Articles NNS 832 CD to TO 832 CD 3 CD , , allot VV his PP$ share NN , , after IN appraisal NN , , to TO the DT one NN who WP sought VVD partition NN , , either CC in IN kind NN , , if IN it PP can MD easily RB be VB disjoined VVN from IN the DT remainder NN of IN the DT undivided JJ property NN , , or CC in IN money NN , , if IN the DT allotment NN in IN kind NN cannot NN be VB conveniently RB made VVN , , or CC if IN the DT applicant NN expresses VVZ his PP$ preference NN for IN it PP . SENT where WRB there EX is VBZ not RB a DT sufficient JJ sum NN in IN the DT undivided JJ property NN , , the DT complement NN shall MD be VB remitted VVN by IN those DT of IN the DT undivided JJ co NP owners NNS who WP concurred VVD in IN the DT request NN , , without IN prejudice NN to TO the DT possibility NN for IN the DT other JJ undivided JJ co NP owners NNS to TO participate VV in IN it PP if IN they PP express VVP the DT wish NN of IN doing VVG so RB . SENT The DT share NN of IN each DT of IN them PP in IN the DT undivided JJ property NN shall MD be VB increased VVN in IN proportion NN to TO his PP$ remittance NN . SENT Art NN . SENT 815 CD 1 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Failing NP an DT amicable JJ agreement NN , , undivided JJ ownership NN of IN an DT agricultural JJ holding NN forming VVG an DT economic JJ unit NN and CC whose WP$ development NN was VBD secured VVN by IN the DT deceased JJ or CC by IN his PP$ or CC her PP$ spouse NN may MD be VB maintained VVN , , under IN the DT terms NNS fixed VVN by IN the DT court NN , , on IN request NN of IN the DT persons NNS referred VVD to TO in IN paragraphs NNS 3 CD and CC 4 CD below RB . SENT The DT court NN shall MD rule VV on IN the DT basis NN of IN the DT interests NNS as IN they PP stand VVP and CC of IN the DT possibilities NNS of IN existence NN which WDT the DT family NN can MD derive VV from IN the DT undivided JJ property NN . SENT The DT maintenance NN of IN undivided JJ ownership NN remains VVZ possible JJ where WRB the DT holding NN includes VVZ elements NNS of IN which WDT the DT heir NN or CC the DT spouse NN was VBD already RB owner NN or CC co NP owner NN before IN the DT opening NN of IN the DT succession NN . SENT Undivided JJ ownership NN may MD also RB be VB maintained VVN on IN request NN of IN the DT same JJ persons NNS and CC under IN the DT terms NNS fixed VVN by IN the DT court NN , , as RB regards VVZ ownership NN of IN premises NNS used VVN for IN habitation NN or CC for IN professional JJ purposes NNS which WDT , , at IN the DT time NN of IN the DT death NN , , were VBD actually RB used VVN for IN that DT habitation NN or CC for IN those DT purposes NNS by IN the DT deceased JJ or CC his PP$ or CC her PP$ spouse NN . SENT It PP shall MD be VB the DT same JJ for IN movable JJ articles NNS which WDT are VBP useful JJ for IN the DT exercise NN of IN the DT profession NN . SENT Where WRB the DT deceased JJ leaves NNS one NN or CC several JJ minor JJ descendants NNS , , the DT maintenance NN of IN undivided JJ ownership NN may MD be VB requested VVN either RB by IN the DT surviving VVG spouse NN , , or CC by IN any DT heir NN , , or CC by IN the DT statutory JJ representative NN of IN the DT minors NNS . SENT In IN the DT absence NN of IN minor JJ descendants NNS , , the DT maintenance NN of IN undivided JJ ownership NN may MD be VB requested VVN only RB by IN the DT surviving VVG spouse NN and CC provided VVD that IN he PP was VBD before IN the DT death NN , , or CC has VHZ become VVN by IN reason NN of IN the DT death NN , , co NP owner NN of IN the DT agricultural JJ holding NN or CC of IN the DT premises NNS used VVN for IN habitation NN or CC for IN professional JJ purposes NNS . SENT If IN it PP is VBZ a DT case NN of IN premises NNS used VVN for IN habitation NN , , the DT spouse NN must MD have VH resided VVN on IN the DT spot NN at IN the DT time NN of IN the DT death NN . SENT Maintenance NN of IN undivided JJ ownership NN may MD not RB be VB prescribed VVN for IN a DT duration NN longer JJR than IN five CD years NNS . SENT In RB may MD be VB renewed VVN , , in IN the DT case NN provided VVD for IN in IN paragraph NN 3 CD , , until IN the DT coming VVG of IN age NN of IN the DT youngest JJS of IN the DT descendants NNS , , and CC , , in IN the DT case NN provided VVD for IN in IN paragraph NN 4 CD , , until IN the DT death NN of IN the DT surviving VVG spouse NN . SENT Art NN . SENT 815 CD 2 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Any DT undivided NN owner NN may MD take VV the DT necessary JJ steps NNS for IN the DT preservation NN of IN the DT undivided JJ property NN . SENT He PP may MD use VV for IN that DT purpose NN funds NNS of IN the DT undivided JJ property NN which WDT he PP holds VVZ , , and CC he PP is VBZ deemed VVN to TO have VH the DT free JJ disposal NN of IN them PP with IN regards VVZ to TO third JJ parties NNS . SENT Failing VVG funds NNS of IN the DT undivided JJ property NN , , he PP may MD compel VV his PP$ undivided JJ co NP owners NNS to TO make VV with IN him PP the DT necessary JJ expenditures NNS . SENT Where WRB undivided JJ property NN is VBZ encumbered VVN with IN an DT usufruct NN , , those DT powers NNS are VBP effective JJ against IN the DT usufructuary NN to TO the DT extent NN that IN the DT latter NN is VBZ responsible JJ for IN repairs NNS . SENT Art NN . SENT 815 CD 3 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Acts NNS of IN administration NN and CC disposition NN relating VVG to TO undivided JJ property NN require VV the DT consent NN of IN all PDT the DT undivided JJ co NP owners NNS . SENT They PP may MD give VV to TO one CD or CC several JJ of IN them PP general JJ authority NN for IN administration NN . SENT A DT special JJ authority NN is VBZ required VVN for IN any DT act NN which WDT does VVZ not RB belong VV to TO a DT normal JJ management NN of IN the DT undivided JJ property NN , , as RB well RB as RB for IN the DT conclusion NN and CC renewal NN of IN leases NNS . SENT Where WRB one CD undivided JJ owner NN takes VVZ up RP the DT management NN of IN the DT undivided JJ property NN , , with IN the DT knowledge NN of IN the DT others NNS and CC nevertheless RB without IN opposition NN on IN their PP$ part NN , , he PP is VBZ deemed VVN to TO have VH received VVN an DT implied JJ authority NN , , covering VVG acts NNS of IN administration NN , , but CC not RB acts VVZ of IN disposition NN or CC conclusion NN or CC renewal NN of IN contracts NNS . SENT Art NN . SENT 815 CD 4 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Where WRB one CD of IN the DT undivided JJ owners NNS is VBZ unable JJ to TO express VV his PP$ intention NN , , another DT may MD be VB judicially RB entitled VVN to TO represent VV him PP , , in IN a DT general JJ manner NN or CC for IN some DT particular JJ transactions NNS , , the DT terms NNS and CC extent NN of IN that DT representation NN being VBG fixed VVN by IN the DT judge NN . SENT Failing VVG statutory JJ power NN , , contractual JJ authority NN or CC judicial JJ entitlement NN , , the DT acts NNS done VVN by IN a DT undivided JJ owner NN on IN behalf NN of IN another DT are VBP effective JJ with IN regard NN to TO the DT latter NN under IN the DT rules NNS of IN management NN of IN another DT s PP business NN . SENT Art NN . SENT 815 CD 5 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD An DT undivided NN owner NN may MD be VB judicially RB authorized VVN to TO do VV alone RB an DT act NN for IN which WDT the DT consent NN of IN an DT undivided JJ co NP owner NN would MD be VB required VVN , , where WRB the DT refusal NN of IN the DT latter NN imperils VVZ the DT common JJ interest NN . SENT The DT judge NN may MD not RB , , on IN request NN of IN a DT bare JJ owner NN , , order VV the DT sale NN of IN the DT full JJ ownership NN of IN a DT property NN encumbered VVN with IN an DT usufruct NN , , against IN the DT wish NN of IN the DT usufructuary JJ Act NP n NN 87 CD 498 CD of IN 6 CD July NP 1987 CD . SENT An DT act NN made VVN within IN the DT terms NNS fixed VVN by IN the DT judicial JJ authorization NN is VBZ effective JJ against IN the DT undivided JJ owner NN whose WP$ consent NN was VBD wanting VVG . SENT Art NN . SENT 815 CD 6 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD The DT president NN of IN the DT tribunal NN de NP grande NP instance NN may MD prescribe VV or CC authorize VV all DT urgent JJ measures NNS which WDT the DT common JJ interest NN requires VVZ . SENT He PP may MD in RB particular RB authorize VV an DT undivided JJ owner NN to TO collect VV from IN debtors NNS of IN the DT undivided JJ property NN or CC from IN depositaries NNS of IN undivided JJ money NN funds NNS designed VVN to TO meet VV urgent JJ needs NNS , , while IN prescribing VVG , , where WRB required VVN , , the DT terms NNS of IN their PP$ use NN . SENT That DT authorization NN does VVZ not RB involve VV qualifying VVG as RB regards VVZ a DT surviving VVG spouse NN or CC a DT heir NN . SENT He PP may MD also RB , , either CC designate VV an DT undivided JJ owner NN as IN administrator NN with IN obligation NN if IN there EX is VBZ occasion NN of IN giving VVG security NN , , or CC appoint VV a DT sequestrer NN . SENT Articles NNS 1873 CD 5 CD to TO 1873 CD 9 CD of IN this DT Code NP shall MD apply VV as IN may MD be VB thought VVN proper JJ to TO the DT powers NNS and CC obligations NNS of IN the DT administrator NN , , unless IN they PP are VBP otherwise RB regulated VVN by IN the DT judge NN . SENT Art NN . SENT 815 CD 7 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD The DT president NN of IN the DT court NN may MD also RB prohibit VV the DT shifting VVG of IN tangible JJ movables NNS reserving VVG the DT right NN to TO specifying VVG those DT of IN which WDT he PP grants VVZ the DT personal JJ usage NN to TO one CD or CC another DT of IN the DT persons NNS entitled VVN , , under IN the DT responsibility NN on IN the DT latter NN to TO give VV security NN , , if IN he PP deems VVZ it PP necessary JJ . SENT Art NN . SENT 815 CD 8 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Whoever WP collects VVZ revenues NNS or CC incurs VVZ expenses NNS for IN the DT account NN of IN the DT undivided JJ ownership NN must MD keep VV a DT statement NN of IN them PP which WDT is VBZ at IN the DT disposal NN of IN the DT undivided JJ owners NNS . SENT Art NN . SENT 815 CD 9 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Each DT undivided NN owner NN may MD use VV and CC enjoy VV undivided JJ property NN in IN accordance NN with IN its PP$ destination NN , , to TO the DT extent NN compatible JJ with IN the DT rights NNS of IN the DT other JJ undivided JJ owners NNS and CC with IN the DT effect NN of IN the DT acts NNS lawfully RB made VVN in IN the DT course NN of IN the DT undivided JJ ownership NN . SENT Failing VVG an DT agreement NN between IN the DT persons NNS concerned VVN , , the DT exercise NN of IN that DT right NN shall MD be VB regulated VVN , , provisionally RB , , by IN the DT president NN of IN the DT court NN . SENT An DT undivided JJ owner NN who WP uses VVZ or CC enjoys VVZ privately RB an DT undivided JJ thing NN is VBZ liable JJ to TO an DT indemnity NN , , unless IN otherwise RB agreed VVN . SENT Art NN . SENT 815 CD 10 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Fruits NP and CC revenues NNS of IN undivided JJ property NN accrue VV to TO the DT undivided JJ ownership NN , , in IN default NN of IN interim JJ partition NN or CC of IN any DT other JJ agreement NN establishing VVG divided VVN enjoyment NN . SENT No DT inquiry NN relating VVG to TO fruits NNS and CC revenues NNS may MD , , however RB , , be VB admissible JJ more JJR than IN five CD years NNS after IN the DT date NN on IN which WDT they PP were VBD or CC could MD have VH been VBN collected VVN . SENT Each DT undivided JJ owner NN is VBZ entitled VVN to TO benefits NNS coming VVG from IN undivided JJ property NN and CC bears VVZ the DT loss NN in IN proportion NN to TO his PP$ rights NNS in IN the DT undivided JJ property NN . SENT Art NN . SENT 815 CD 11 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Any DT undivided NN owner NN may MD claim VV his PP$ annual JJ share NN in IN the DT benefits NNS , , less CC the DT expenses NNS involved VVN by IN acts NNS to TO which WDT he PP consented VVD or CC which WDT are VBP effective JJ against IN him PP . SENT Failing VVG another DT title NN , , the DT extent NN of IN the DT rights NNS of IN each DT in IN the DT undivided JJ ownership NN results NNS from IN the DT affidavit NN or CC from IN the DT abstract JJ of IN inventory NN drawn VVN up RP by IN the DT notaire NN . SENT In IN case NN of IN controversy NN , , the DT president NN of IN the DT tribunal NN de NP grande NP instance NN may MD order VV an DT interim JJ distribution NN of IN the DT benefits NNS , , subject JJ to TO an DT account NN to TO be VB made VVN before IN the DT final JJ liquidation NN . SENT Up RB to TO the DT amount NN of IN available JJ money NN , , he PP may MD likewise RB order VV an DT advance NN in IN capital NN on IN the DT rights NNS of IN an DT undivided JJ owner NN in IN the DT partition NN to TO come VV . SENT Art NN . SENT 815 CD 12 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 RB An DT undivided JJ owner NN who WP manages VVZ one CD or CC several JJ undivided JJ items NNS of IN property NN is VBZ accountable JJ for IN the DT products NNS of IN his PP$ management NN . SENT He PP is VBZ entitled VVN to TO compensation NN for IN his PP$ activity NN on IN terms NNS fixed VVN amicably RB or CC , , failing VVG which WDT , , by IN judicial JJ decision NN . SENT Art NN . SENT 815 CD 13 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Where WRB an DT undivided JJ owner NN has VHZ improved VVN at IN his PP$ expenses NNS the DT condition NN of IN undivided JJ property NN , , account NN of IN it PP must MD be VB taken VVN for IN him PP according VVG to TO equity NN , , with IN regard NN to TO the DT increase NN in IN value NN of IN the DT property NN at IN the DT time NN of IN partition NN or CC of IN transfer NN . SENT Account NN shall MD be VB taken VVN likewise RB for IN him PP of IN the DT necessary JJ outlays NNS he PP made VVD out RP of IN his PP$ own JJ money NN for IN the DT preservation NN of IN said VVN property NN , , even RB though IN they PP did VVD not RB improve VV it PP . SENT Reciprocally RB , , an DT undivided JJ owner NN is VBZ responsible JJ for IN degradations NNS and CC deteriorations NNS which WDT have VHP diminished VVN the DT value NN of IN the DT undivided JJ property NN through IN his PP$ act NN or CC fault NN . SENT Art NN . SENT 815 CD 14 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 RB An DT undivided JJ owner NN who WP intends VVZ to TO transfer VV , , for IN value NN , , to TO a DT person NN outside IN the DT undivided JJ ownership NN , , all RB or CC part NN of IN his PP$ rights NNS in IN the DT undivided JJ property NN or CC in IN one CD or CC several JJ articles NNS of IN that DT property NN shall MD give VV notice NN by IN extra JJ judicial JJ act NN to TO the DT other JJ undivided JJ owners NNS of IN the DT price NN and CC terms NNS of IN the DT planned JJ transfer NN as IN well RB as RB of IN the DT name NN , , domicile NN and CC occupation NN of IN the DT person NN who WP intends VVZ to TO acquire VV it PP . SENT Any DT undivided JJ owner NN may MD , , within IN the DT period NN of IN one CD month NN following VVG that DT notice NN , , make VV known VVN to TO the DT transferor NN , , by IN extra JJ judicial JJ act NN , , that WDT he PP exercises VVZ a DT right NN of IN pre NP emption NN at IN the DT price NN and CC terms NNS of IN which WDT he PP was VBD notified VVN . SENT In IN case NN of IN pre NP emption NN , , the DT person NN who WP is VBZ exercising VVG it PP shall MD have VH an DT instrument NN of IN sale NN drafted VVN within IN a DT period NN of IN two CD months NNS , , counting VVG from IN the DT date NN of IN sending VVG his PP$ reply NN to TO the DT seller NN . SENT After IN that DT period NN , , his PP$ declaration NN of IN pre NP emption NN is VBZ void JJ by IN operation NN of IN law NN , , fifteen CD days NNS after IN a DT notice NN of IN default NN remained VVD ineffective JJ , , and CC without IN prejudice NN to TO damages NNS which WDT may MD be VB claimed VVN of IN him PP by IN the DT seller NN . SENT Where WRB several JJ undivided JJ owners NNS exercise VVP their PP$ rights NNS of IN pre NP emption NN , , unless IN otherwise RB agreed VVN , , they PP are VBP deemed VVN to TO acquire VV together RB the DT portion NN put VVD up RP for IN sale NN in IN proportion NN to TO their PP$ respective JJ shares NNS in IN the DT undivided JJ ownership NN . SENT Where WRB terms NNS of IN payment NN have VHP been VBN granted VVN by IN the DT transferor NN , , Article NP 833 CD 1 CD shall MD apply VV . SENT Art NN . SENT 815 CD 15 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Where WRB there EX is VBZ occasion NN for IN an DT auction NN of IN all DT or CC part NN of IN the DT rights NNS of IN an DT undivided JJ owner NN in IN undivided JJ property NN or CC in IN one CD or CC more JJR articles NNS of IN that DT property NN , , the DT counsel NN or CC notaire NN must MD inform VV the DT undivided JJ owners NNS of IN it PP by IN notice NN one CD month NN before IN the DT date NN planned VVN for IN the DT sale NN . SENT Each DT undivided JJ owner NN may MD take VV the DT place NN of IN the DT purchaser NN within IN a DT period NN of IN one CD month NN after IN the DT auction NN , , by IN declaration NN at IN the DT court NN office NN or CC with IN the DT notaire JJ Act NP n NN 78 CD 627 CD of IN 10 CD June NP 1978 CD . SENT The DT particulars NNS established VVN for IN the DT purpose NN of IN the DT sale NN must MD mention VV the DT rights NNS of IN substitution NN . SENT Art NN . SENT 815 CD 16 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Every DT transfer NN or CC auction NN made VVN in IN defiance NN of IN Articles NNS 815 CD 14 CD and CC 815 CD 15 CD is VBZ void JJ . SENT An DT action NN for IN annulment NN is VBZ time NN barred VVN after IN five CD years NNS . SENT It PP may MD be VB brought VVN only RB by IN those DT on IN whom WP notices NNS were VBD to TO be VB served VVN or CC by IN their PP$ heirs NNS . SENT Art NN . SENT 815 CD 17 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Creditors NNS who WP might MD have VH levied VVD execution NN on IN the DT undivided JJ property NN before IN there EX was VBD undivided JJ ownership NN , , and CC those NNS whose WP$ claims NNS result VVP from IN the DT preservation NN or CC management NN of IN the DT undivided JJ property NN , , shall MD be VB paid VVN by IN deduction NN from IN the DT assets NNS before IN partition NN . SENT They PP may MD , , in IN addition NN , , conduct NN attachment NN or CC seizure NN and CC sale NN of IN the DT undivided JJ property NN . SENT Personal JJ creditors NNS of IN an DT undivided JJ owner NN may MD not RB attach VV or CC seize VV the DT latter's JJ share NN in IN undivided JJ property NN , , whether IN movable JJ or CC immovable JJ . SENT They PP have VHP , , however RB , , the DT power NN to TO instigate VV partition NN in IN the DT name NN of IN their PP$ debtor NN or CC to TO intervene VV in IN a DT partition NN instigated VVD by IN him PP . SENT The DT undivided JJ co NP owners NNS may MD stop VV the DT course NN of IN the DT action NN for IN partition NN by IN discharging VVG the DT obligation NN in IN the DT name NN and CC on IN behalf NN of IN the DT debtor NN . SENT Those DT who WP exercise VVP that DT power NN shall MD be VB reimbursed VVN by IN deduction NN from IN the DT undivided JJ property NN . SENT Art NN . SENT 815 CD 18 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD The NP provisions NNS of IN Articles NNS 815 CD to TO 815 CD 17 CD shall MD apply VV to TO undivided JJ property NN in IN usufruct NN to TO the DT extent NN that IN they PP are VBP consistent JJ with IN the DT rules NNS on IN usufruct NN . SENT The DT notices NNS provided VVN for IN in IN Articles NNS 815 CD 14 CD , , 815 CD 15 CD and CC 815 CD 16 CD must MD be VB served VVN on IN any DT bare JJ owner NN and CC on IN any DT usufructuary NN . SENT But CC a DT usufructuary NN may MD acquire VV a DT share NN in IN bare JJ ownership NN only RB where WRB no DT bare JJ owner NN offers VVZ to TO acquire VV it PP . SENT a DT bare JJ owner NN may MD acquire VV a DT share NN in IN usufruct NN only RB where WRB no DT usufructuary NN offers VVZ to TO acquire VV it PP . SENT Art NN . SENT 816 CD A NP partition NN may MD be VB applied VVN for IN even RB where WRB one CD of IN the DT heirs NNS has VHZ enjoyed VVN separately RB a DT part NN of IN the DT property NN of IN the DT succession NN , , if IN there EX was VBD no DT instrument NN of IN partition NN nor CC possession NN adequate JJ to TO acquire VV prescription NN . SENT Art NN . SENT 817 CD Act NP of IN 19 CD June NP 1939 CD As IN regards VVZ minors NNS or CC adults NNS in IN guardianship NN , , an DT action NN for IN partition NN may MD be VB brought VVN by IN their PP$ guardians NNS specially RB authorized VVD by IN a DT family NN council NN . SENT As RB regards VVZ absent JJ coheirs NNS , , the DT action NN belongs VVZ to TO the DT relatives NNS vested VVN with IN possession NN . SENT Art NN . SENT 818 CD repealed VVN Art NN . SENT 819 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Where WRB all PDT the DT heirs NNS are VBP present JJ and CC fully RB capable JJ , , a DT partition NN may MD be VB made VVN in IN such JJ manner NN and CC through IN such JJ act NN as IN the DT parties NNS deem VVP proper JJ . SENT Art NN . SENT 820 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Property NN of IN a DT succession NN may MD , , in IN whole NN or CC in IN part NN , , be VB subject JJ to TO measures NNS of IN preservation NN , , such JJ as IN the DT affixing VVG of IN seals NNS , , on IN request NN of IN a DT party NN concerned VVN or CC of IN the DT Government NP procurator's NN office NN , , under IN the DT conditions NNS and CC following VVG the DT forms NNS determined VVN by IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 821 CD repealed VVN Art NN . SENT 822 CD D NP . SENT Law NN of IN 17 CD June NP 1938 CD An DT action NN for IN partition NN and CC the DT controversies NNS arising VVG either RB on IN the DT occasion NN of IN maintaining VVG undivided JJ ownership NN or CC during IN the DT proceedings NNS of IN partition NN , , shall MD be VB , , on IN pain NN of IN annulment NN , , submitted VVN only RB to TO the DT court NN of IN the DT place NN of IN opening NN of IN the DT succession NN . SENT it PP is VBZ before RB that DT court NN that IN auctions NNS shall MD be VB made VVN and CC that IN claims NNS relating VVG to TO the DT warranty NN of IN shares NNS between IN coparceners NNS and CC those DT for IN rescission NN of IN a DT partition NN shall MD be VB brought VVN . SENT In IN the DT case NN where WRB an DT attempt NN to TO conciliation NN as RB provided VVD for IN in IN Article NP 48 CD repealed VVN of IN the DT Code NP of IN Civil NP Procedure NN takes VVZ place NN , , the DT judge NN of IN the DT tribunal NN d'instance NN of IN the DT place NN of IN opening NN of IN the DT succession NN shall MD alone RB be VB competent JJ , , on IN pain NN of IN annulment NN . SENT Act NN of IN 15 CD Dec NP . SENT 1921 CD Where WRB all PDT the DT parties NNS agree VVP , , the DT court NN may MD be VB seized VVN of IN an DT application NN for IN partition NN through IN a DT collective JJ request NN signed VVN by IN their PP$ counsels NNS . SENT If IN there EX is VBZ occasion NN for IN an DT auction NN , , the DT request NN shall MD contain VV an DT upset JJ price NN which WDT will MD serve VV as IN an DT appraisal NN . SENT In IN that DT case NN , , the DT judgment NN shall MD be VB handed VVN down RP in IN chambers NNS and CC is VBZ not RB appealable JJ where WRB the DT submissions NNS of IN the DT request NN are VBP accepted VVN by IN the DT court NN without IN modification NN . SENT Act NN of IN 19 CD June NP 1939 CD The NP provisions NNS of IN the DT preceding JJ paragraphs NNS shall MD apply VV without IN need NN of IN a DT previous JJ authorization NN , , whatever WDT the DT capacity NN of IN the DT party NN concerned VVN may MD be VB and CC even RB where WRB he PP is VBZ represented VVN by IN a DT judicial JJ agent NN . SENT Art NN . SENT 823 CD Where WRB one CD of IN the DT coheirs NNS refuses VVZ to TO consent VV to TO a DT partition NN , , or CC where WRB controversies NNS arise VVP , , either CC as RB to TO the DT way NN of IN proceeding NN , , or CC as RB to TO the DT manner NN of IN settling VVG it PP , , the DT court NN shall MD decide VV as RB in IN summary NN matters NNS , , or CC shall MD appoint VV , , if IN necessary JJ , , for IN the DT proceedings NNS of IN partition NN , , one CD of IN the DT judges NNS , , on IN whose WP$ report NN it PP shall MD decide VV the DT controversies NNS . SENT Art NN . SENT 824 CD Appraisal NN of IN the DT immovables NNS shall MD be VB made VVN by IN experts NNS chosen VVN by IN the DT parties NNS concerned VVN , , or CC , , upon IN their PP$ refusal NN , , appointed VVN by IN the DT court NN of IN its PP$ own JJ motion NN . SENT The DT memorandum NN of IN the DT experts NNS shall MD state VV the DT basis NN of IN the DT appraisal NN . SENT it PP shall MD indicate VV whether IN the DT article NN appraised VVN can MD be VB conveniently RB partitioned VVN . SENT in IN what WP manner NN . SENT finally RB , , in IN case NN of IN partition NN , , it PP shall MD fix VV each DT one NN of IN the DT shares NNS that WDT can MD be VB formed VVN therefrom RB , , and CC their PP$ value NN . SENT Art NN . SENT 825 CD Appraisal NN of IN the DT movables NNS , , where WRB there EX was VBD no DT valuation NN in IN a DT regular JJ inventory NN , , must MD be VB made VVN by IN knowledgeable JJ persons NNS , , at IN a DT fair JJ price NN and CC without IN increase NN . SENT Art NN . SENT 826 CD Each DT one NN of IN the DT coheirs NNS may MD claim VV his PP$ share NN of IN the DT movables NNS and CC immovables NNS of IN the DT succession NN in IN kind NN . SENT nevertheless RB , , where WRB there EX are VBP attaching VVG or CC seizing VVG creditors NNS , , or CC where WRB the DT majority NN of IN the DT coheirs NNS deem VVP a DT sale NN necessary JJ for IN the DT discharge NN of IN the DT debts NNS and CC liabilities NNS of IN the DT succession NN , , movables NNS shall MD be VB sold VVN publicly RB in IN the DT ordinary JJ manner NN . SENT Art NN . SENT 827 CD D NP . SENT Law NN of IN 17 CD June NP 1938 CD Where WRB the DT immovables NN cannot NN be VB conveniently RB partitioned VVN or CC allocated VVN in IN the DT conditions NNS provided VVN for IN by IN this DT Code NP , , a DT sale NN by IN auction NN must MD take VV place NN before IN the DT court NN . SENT The DT parties NNS , , however RB , , where WRB they PP are VBP all RB of IN full JJ age NN , , may MD consent VV that IN the DT auction NN be VB held VVN before IN a DT notaire NN , , on IN the DT choice NN of IN whom WP they PP agree VVP . SENT Art NN . SENT 828 CD After IN the DT immovables NNS and CC movables NNS have VHP been VBN appraised VVN and CC sold VVN , , if IN there EX is VBZ occasion NN , , the DT supervising VVG judge NN shall MD send VV the DT parties NNS before IN a DT notaire NN upon IN whom WP they PP agree VVP , , or CC whom WP he PP appoints VVZ of IN his PP$ own JJ motion NN , , if IN the DT parties NNS do VVP not RB agree VV upon IN a DT choice NN . SENT Before IN that DT officer NN shall MD be VB determined VVN the DT accounts NNS of IN what WP the DT parties NNS may MD owe VV each DT other JJ , , the DT formation NN of IN the DT general JJ mass NN , , the DT composition NN of IN the DT shares NNS and CC the DT allotments NNS to TO be VB made VVN to TO each DT of IN the DT coparceners NNS . SENT Art NN . SENT 829 CD Each DT coheir NN shall MD return VV to TO the DT mass NN , , according VVG to TO the DT rules NNS hereafter RB laid VVN down RB , , the DT gifts NNS which WDT have VHP been VBN made VVN to TO him PP and CC the DT sums NNS of IN which WDT he PP is VBZ debtor JJ . SENT Art NN . SENT 830 CD Where WRB collation NN is VBZ not RB made VVN in IN kind NN , , the DT coheirs NNS to TO whom WP it PP is VBZ owed VVN , , shall MD appropriate VV an DT equivalent JJ portion NN from IN the DT mass NN of IN the DT succession NN . SENT Appropriations NNS shall MD be VB made VVN , , as RB far RB as IN possible JJ , , on IN things NNS of IN the DT same JJ kind NN , , character NN and CC good JJ quality NN as IN those DT not RB returned VVN in IN kind NN . SENT Art NN . SENT 831 CD After IN those DT appropriations NNS , , out RB of IN what WP remains VVZ of IN the DT mass NN , , the DT composition NN is VBZ made VVN of IN as IN many JJ equal JJ shares NNS as IN there EX are VBP coparcener NN heirs NNS or CC coparcener NN stocks NNS . SENT Art NN . SENT 832 CD D NP . SENT Law NN of IN 17 CD June NP 1938 CD In IN forming VVG and CC composing VVG shares NNS , , the DT parcelling VVG out RP of IN lands NNS and CC the DT splitting NN up RB of IN holdings NNS must MD be VB avoided VVN . SENT In IN so RB far RB as IN parcelling VVG out RP of IN lands NNS and CC splitting NN up RB of IN holdings NNS can MD be VB avoided VVN , , each DT share NN must MD , , as RB far RB as IN possible RB , , be VB composed VVN , , in IN whole NN or CC in IN part NN , , of IN movables NNS or CC immovables NNS , , of IN rights NNS or CC of IN claims NNS of IN equivalent JJ value NN . SENT A DT surviving VVG spouse NN or CC any DT co NP owner NN heir NN may MD request VV a DT preferential JJ allotment NN by IN way NN of IN partition NN , , under IN the DT responsibility NN of IN a DT compensation NN , , if IN any DT , , of IN any DT agricultural JJ holding NN , , or CC part NN of IN agricultural JJ holding NN , , constituting VVG an DT economic JJ unit NN , , or CC undivided JJ portion NN of IN an DT agricultural JJ unit NN , , even RB formed VVN in IN part NN from IN a DT property NN of IN which WDT he PP was VBD already RB owner NN or CC co NP owner NN before IN the DT death NN , , in IN whose WP$ development NN he PP actually RB participates VVZ or CC participated VVD . SENT in IN the DT case NN of IN an DT heir NN , , the DT requirement NN as RB to TO participation NN may MD have VH been VBN fulfilled VVN by IN his PP$ or CC her PP$ spouse NN . SENT If IN there EX is VBZ occasion NN , , the DT request NN for IN preferential JJ allotment NN may MD bear VV on IN shares NNS of IN the DT capital NN , , without IN prejudice NN to TO the DT application NN of IN the DT statutory JJ provisions NNS or CC of IN articles NNS of IN association NN on IN the DT continuation NN of IN a DT partnership NN with IN the DT surviving VVG spouse NN or CC one NN or CC several JJ heirs NNS . SENT The DT same JJ rules NNS shall MD apply VV to TO any DT commercial JJ , , industrial JJ or CC craft NN concern NN , , whose WP$ importance NN does VVZ not RB exclude VV a DT family NN nature NN Act NP n NN 82 CD 596 CD of IN 10 CD July NP 1982 CD . SENT Act NP n NN 80 CD 502 CD of IN 4 CD July NP 1980 CD In IN the DT case NN where WRB neither CC the DT surviving VVG spouse NN , , nor CC any DT co NP owner NN heir NN requests NNS the DT application NN of IN the DT provisions NNS provided VVN for IN in IN paragraph NN 3 CD above IN or CC those DT of IN Articles NNS 832 CD 1 CD or CC 832 CD 2 CD , , preferential JJ allotment NN may MD be VB granted VVN to TO any DT coparcener NN provided VVD he PP obliges VVZ himself PP to TO give VV on IN lease NN , , within IN a DT period NN of IN six CD months NNS , , the DT property NN under IN consideration NN under IN the DT terms NNS fixed VVN in IN Chapter NP VII NP of IN Title NP I NP of IN Book NP VI NP Chapter NP VI NP of IN Title NP I NP of IN Book NP IV NP of IN the DT Rural NP Code NP to TO one CD or CC several JJ of IN the DT coheirs NNS fulfilling VVG the DT personal JJ requirements NNS provided VVN for IN in IN paragraph NN 3 CD above JJ or CC to TO one CD or CC several JJ descendants NNS of IN those DT coheirs NNS fulfilling VVG the DT same JJ conditions NNS . SENT A DT surviving VVG spouse NN or CC any DT co NP owner NN heir NN may MD also RB request VV preferential JJ allotment NN . SENT Of IN the DT ownership NN or CC right NN to TO lease VV of IN the DT premises NNS which WDT actually RB serve VVP him PP or CC her PP$ as RB habitation NN , , where WRB he PP or CC she PP had VHD residence NN here RB at IN the DT time NN of IN the DT death NN , , with IN the DT furniture NN which WDT garnishes VVZ them PP Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD . SENT Of IN the DT ownership NN or CC right NN to TO lease VV of IN the DT premises NNS used VVN for IN professional JJ purposes NNS which WDT serve VVP actually RB for IN the DT exercise NN of IN his PP$ or CC her PP$ occupation NN and CC of IN the DT furniture NN for IN professional JJ purposes NNS which WDT garnishes VVZ the DT premises NNS . SENT Of IN the DT whole NN of IN movable JJ articles NNS necessary JJ for IN the DT holding NN of IN a DT rural JJ property NN farmed VVN by IN the DT deceased JJ as IN tenant NN farmer NN or CC sharecropper NN where WRB the DT lease NN continues VVZ for IN the DT profit NN of IN the DT applicant NN or CC where WRB a DT new JJ lease NN is VBZ granted VVN to TO the DT latter NN . SENT Preferential JJ allotment NN may MD be VB sought VVN jointly RB by IN several JJ persons NNS entitled VVN to TO inherit VV . SENT Preferential JJ allotment NN of IN the DT ownership NN of IN the DT premises NNS and CC of IN the DT furniture NN which WDT gaenishes VVZ it PP , , referred VVD to TO in IN paragraph NN 7 CD , , is VBZ as RB of IN right NN for IN a DT surviving VVG spouse NN Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD . SENT In IN the DT circumstances NNS referred VVD to TO in IN the DT preceding JJ paragraph NN , , an DT allottee NN surviving VVG spouse NN may MD require VV from IN his PP$ coparceners NNS periods NNS , , which WDT may MD not RB exceed VV ten CD years NNS , , for IN payment NN of IN a DT fraction NN of IN the DT balance NN , , equal JJ to TO a DT half NN at IN the DT most JJS . SENT Unless IN otherwise RB agreed VVN , , the DT sums NNS remaining VVG due JJ bear NN an DT interest NN at IN the DT statutory JJ rate NN . SENT In IN case NN of IN sale NN of IN the DT premises NNS or CC of IN the DT furniture NN which WDT garnishes VVZ them PP , , the DT fraction NN of IN the DT balance NN which WDT relates VVZ to TO it PP becomes VVZ immediately RB due JJ . SENT in IN case NN of IN partial JJ sales NNS , , the DT proceeds NNS of IN those DT sales NNS shall MD be VB paid VVN to TO the DT coparceners NNS and CC appropriated VVN to TO the DT fraction NN of IN the DT balance NN still RB due JJ . SENT Rights NNS resulting VVG from IN a DT preferential JJ allotment NN may MD not RB prejudice NN rights NNS for IN life NN of IN use NN and CC habitation NN which WDT a DT spouse NN may MD exercise VV under IN Article NP 764 CD Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD . SENT Failing VVG an DT amicable JJ agreement NN , , a DT request NN for IN preferential JJ allotment NN shall MD be VB brought VVN before IN the DT court NN , , which WDT shall MD decide VV on IN the DT basis NN of IN the DT interest NN as IN they PP stand VVP . SENT in IN case NN of IN several JJ requests NNS relating VVG to TO a DT holding NN or CC a DT concern NN , , the DT court NN shall MD take VV into IN account NN the DT fitness NN of IN the DT various JJ applicants NNS to TO manage VV that DT holding NN or CC concern NN and CC to TO remain VV therein RB , , and CC in IN particular JJ the DT duration NN of IN their PP$ personal JJ taking VVG part NN in IN the DT operation NN of IN the DT holding NN or CC of IN the DT concern NN Act NP n NN 82 CD 596 CD of IN 10 CD July NP 1982 CD . SENT Property NN which WDT forms VVZ the DT subject NN of IN the DT allotment NN shall MD be VB appraised VVN at IN its PP$ value NN on IN the DT day NN of IN partition NN . SENT Unless IN otherwise RB amicably RB agreed VVN between IN the DT coparceners NNS , , a DT balance NN which WDT may MD be VB oxed VVN shall MD be VB paid VVN cash NN . SENT Art NN . SENT 832 CD 1 CD Act NP n NN 80 CD 502 CD of IN 4 CD July NP 1980 CD Notwithstanding IN the DT provisions NNS of IN Article NP 832 CD , , paragraphs VVZ 14 CD and CC 16 CD Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD and CC unless IN maintenance NN in IN undivided JJ ownership NN is VBZ requested VVN under IN Articles NNS 815 CD , , paragraph NN 2 CD , , and CC 815 CD 1 CD , , preferential JJ allotment NN referred VVD to TO in IN Article NP 832 CD , , paragraph NN 3 CD , , is VBZ as RB of IN right NN as RB regards VVZ any DT agricultural JJ holding NN which WDT does VVZ not RB exceed VV the DT limits NNS of IN surface NN fixed VVN by IN decree NN in IN Conseil NP d SYM tat NN . SENT In IN case NN of IN several JJ requests NNS , , the DT court NN shall MD designate VV the DT allottee NN or CC joint JJ allottees NNS on IN the DT basis NN of IN the DT interests NNS as IN they PP stand VVP and CC of IN the DT fitness NN of IN the DT various JJ applicants NNS to TO manage VV the DT holding NN and CC to TO remain VV therein RB . SENT In IN the DT circumstances NNS referred VVD to TO in IN the DT preceding JJ paragraph NN , , even RB where WRB a DT preferential JJ allotment NN was VBD judicially RB granted VVN , , the DT allottee NN may MD require VV from IN his PP$ coparceners NNS periods NNS which WDT may MD not RB exceed VV ten CD years NNS for IN payment NN of IN a DT fraction NN of IN the DT balance NN , , equal JJ to TO a DT half NN at IN most RBS . SENT Except IN otherwise RB agreed VVN , , sums NNS remaining VVG due JJ bear NN interest NN at IN the DT statutory JJ rate NN . SENT Act NP n NN 61 CD 1378 CD of IN 19 CD Dec NP . SENT 1961 CD In IN case NN of IN sale NN of IN the DT whole NN of IN an DT allotted VVN property NN the DT fraction NN of IN the DT balance NN remaining VVG owed VVD becomes VVZ immediately RB due JJ . SENT in IN case NN of IN partial JJ sales NNS , , the DT proceeds NNS of IN those DT sales NNS shall MD be VB paid VVN to TO the DT coparceners NNS and CC appropriated VVN to TO the DT fraction NN of IN the DT balance NN still RB due JJ . SENT repealed VVN Art NN . SENT 832 CD 2 CD Act NP n NN 80 CD 502 CD of IN 4 CD July NP 1980 CD Where WRB maintenance NN in IN undivided JJ ownership NN was VBD not RB ordered VVN under IN Articles NNS 815 CD , , paragraph NN 2 CD , , and CC 815 CD 1 CD , , and CC failing VVG a DT preferential JJ allotment NN in IN ownership NN provided VVN for IN in IN Articles NNS 832 CD , , paragraph NN 3 CD , , or CC 832 CD 1 CD , , a DT surviving VVG spouse NN or CC any DT co NP owner NN heir NN may MD request VV preferential JJ allotment NN of IN all DT or CC part NN of IN immovable JJ property NN or CC rights NNS for IN agricultural JJ purposes NNS depending VVG on IN the DT succession NN , , with IN a DT view NN to TO establishing VVG an DT agricultural JJ land NN grouping NN with IN one CD or CC several JJ coheirs NNS and CC , , as IN the DT case NN may MD be VB , , one NN or CC several JJ third JJ persons NNS . SENT That DT allotment NN is VBZ of IN right NN where WRB the DT surviving VVG spouse NN or CC one NN or CC several JJ of IN the DT coheirs NNS fulfilling VVG the DT personal JJ qualifications NNS provided VVN for IN in IN Article NP 832 CD , , paragraph NN 3 CD , , require VVP that IN there EX be VB given VVN them PP on IN lease VV all DT or CC part NN of IN the DT property NN of IN the DT grouping NN , , subject JJ to TO the DT conditions NNS laid VVN down RP in IN Chapter NP VII NP of IN Title NP I NP of IN Book NP VI NP Chapter NP VI NP of IN Title NP I NP of IN Book NP IV NP of IN the DT Rural NP Code NP . SENT In IN case NN of IN several JJ requests NNS , , the DT property NN of IN the DT grouping NN may MD , , where WRB its PP$ composition NN so RB permits VVZ , , be VB the DT subject NN of IN several JJ leases NNS benefiting VVG different JJ coheirs NNS . SENT otherwise RB , , and CC failing VVG an DT amicable JJ agreement NN the DT court NN shall MD designate VV the DT lessee NN taking VVG into IN account NN the DT fitness NN of IN the DT various JJ applicants NNS to TO manage VV the DT property NN concerned VVN and CC to TO remain VV therein RB . SENT Where WRB the DT terms NNS and CC conditions NNS of IN that DT lease NN or CC of IN those DT leases NNS were VBD not RB the DT subject NN of IN an DT agreement NN , , they PP shall MD be VB fixed VVN by IN the DT court NN . SENT The DT immovable JJ property NN and CC rights NNS which WDT the DT applicants NNS do VVP not RB intend VV to TO contribute VV to TO the DT agricultural JJ land NN grouping NN , , together RB with IN the DT other JJ property NN of IN the DT succession NN , , shall MD be VB allotted VVN by IN priority NN , , within IN the DT limits NNS of IN their PP$ respective JJ rights NNS of IN succession NN , , to TO the DT undivided JJ owners NNS who WP did VVD not RB agree VV to TO the DT formation NN of IN the DT grouping NN . SENT Where WRB those DT undivided JJ owners NNS do VVP not RB obtain VV the DT whole NN of IN their PP$ rights NNS through IN the DT allotment NN thus RB made VVN , , a DT balance NN must MD be VB paid VVN to TO them PP . SENT Unless IN otherwise RB amicably RB agreed VVN between IN the DT coparceners NNS , , a DT balance NN which WDT may MD be VB owed VVN shall MD be VB paid VVN within IN the DT year NN following VVG the DT partition NN . SENT It PP may MD be VB effected VVN through IN a DT giving NN in IN payment NN under IN the DT form NN of IN shares NNS in IN the DT agricultural JJ land NN grouping NN , , unless IN the DT parties NNS concerned VVN , , within IN the DT month NN following VVG the DT proposal NN made VVD to TO them PP , , make VV known JJ their PP$ opposition NN to TO that DT mode NN of IN payment NN . SENT Partition NN is VBZ complete JJ only RB after IN the DT signature NN of IN the DT instrument NN of IN constitution NN of IN the DT agricultural JJ land NN grouping NN and CC , , if IN there EX is VBZ occasion NN , , of IN the DT long JJ term NN lease NN or CC leases NNS . SENT Art NN . SENT 832 CD 3 CD Act NP n NN 80 CD 502 CD of IN 4 CD July NP 1980 CD Where WRB an DT agricultural JJ holding NN constituting VVG an DT economic JJ unit NN and CC not RB operated VVN under IN the DT form NN of IN a DT partnership NN is VBZ not RB maintained VVN in IN undivided JJ ownership NN under IN Articles NNS 815 CD , , paragraph NN 2 CD , , and CC 815 CD 1 CD , , and CC was VBD not RB the DT subject NN of IN a DT preferential JJ allotment NN within IN the DT terms NNS provided VVN for IN in IN Articles NNS 832 CD , , 832 CD 1 CD or CC 832 CD 2 CD , , a DT surviving VVG spouse NN or CC any DT co NP owner NN heir NN who WP wishes VVZ to TO continue VV the DT exploiting VVG in IN which WDT he PP or CC she PP actually RB participates VVZ or CC participated VVD may MD require VV , , notwithstanding IN any DT request NN for IN auction NN , , that IN the DT partition NN be VB concluded VVN subject JJ to TO the DT condition NN that IN his PP$ or CC her PP$ coparceners NNS grant VV to TO him PP or CC her PP a DT long JJ term NN lease NN under IN the DT terms NNS fixed VVN in IN Chapter NP VII NP of IN Title NP I NP of IN Book NP VI NP Chapter NP VI NP of IN Title NP I NP of IN Book NP IV NP of IN the DT Rural NP Code NP , , on IN the DT lands NNS of IN the DT holding NN which WDT fall VVP to TO them PP . SENT Unless IN otherwise RB amicably RB agreed VVN between IN the DT parties NNS , , the DT one NN who WP requests NNS to TO benefit VV by IN those DT provisions NNS shall MD receive VV by IN priority NN in IN his PP$ or CC her PP$ share NN the DT buildings NNS for IN exploitation NN and CC habitation NN . SENT The DT preceding JJ provisions NNS shall MD apply VV to TO a DT part NN of IN an DT agricultural JJ holding NN which WDT can MD constitute VV an DT economic JJ unit NN . SENT Account NN shall MD be VB taken VVN , , if IN there EX is VBZ occasion NN , , of IN depreciation NN due JJ to TO the DT existence NN of IN a DT lease NN in IN the DT appraisal NN of IN the DT lands NNS included VVD in IN the DT various JJ shares NNS . SENT Articles NNS 807 CD and CC 808 CD L NP . SENT 412 CD 14 CD and CC L NP . SENT 412 CD 15 CD of IN the DT Rural NP Code NP shall MD determine VV the DT specific JJ rules NNS for IN the DT lease NN referred VVD to TO in IN the DT first JJ paragraph NN of IN this DT Article NN . SENT Where WRB there EX are VBP several JJ requests NNS , , the DT tribunal NN de NP grande NP instance NN shall MD designate VV the DT beneficiary NN or CC beneficiaries NNS on IN the DT basis NN of IN the DT interests NNS as IN they PP stand VVP and CC of IN the DT fitness NN of IN the DT various JJ applicants NNS to TO manage VV all DT or CC part NN of IN the DT holding NN or CC to TO remain VV therein RB . SENT Where WRB , , due JJ to TO the DT obvious JJ unfitness NN of IN the DT applicant NN or CC applicants NNS to TO manage VV all DT or CC part NN of IN the DT holding NN , , the DT interests NNS of IN the DT coheirs NNS risk NN being VBG imperilled VVN , , the DT court NN may MD decide VV that IN there EX is VBZ no DT occasion NN to TO apply VV the DT first JJ three CD paragraphs NNS of IN this DT Article NN . SENT An DT economic JJ unit NN referred VVD to TO in IN paragraph NN 1 CD can MD be VB formed VVN in IN part NN of IN property NN of IN which WDT a DT surviving VVG spouse NN or CC a DT heir NN was VBD already RB owner NN or CC co NP owner NN before IN the DT death NN . SENT As RB regards VVZ a DT heir NN , , the DT requisite JJ of IN participation NN may MD have VH been VBN fulfilled VVN by IN his PP$ or CC her PP$ spouse NN . SENT Art NN . SENT 832 CD 4 CD Act NP n NN 80 CD 502 CD of IN 4 CD July NP 1980 CD The NP provisions NNS of IN Articles NNS 832 CD , , 832 CD 1 CD , , 832 CD 2 CD and CC 832 CD 3 CD shall MD benefit VV a DT spouse NN or CC any DT heir NN , , whether IN co NP owner NN in IN full JJ or CC bare JJ ownership NN . SENT The DT provisions NNS of IN Articles NNS 832 CD , , 832 CD 2 CD and CC 832 CD 3 CD shall MD benefit VV also RB a DT beneficiary NN , , universal JJ or CC by IN universal JJ title NN , , of IN the DT succession NN by IN virtue NN of IN a DT will NN or CC of IN a DT contractual JJ institution NN . SENT Art NN . SENT 833 CD Inequality NN of IN shares NNS in IN kind NN shall MD be VB compensated VVN by IN a DT reversion NN , , either CC in IN the DT form NN of IN an DT annuity NN , , or CC in IN money NN . SENT Art NN . SENT 833 CD 1 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Where WRB the DT debtor NN of IN a DT balance NN has VHZ obtained VVN time NN for IN payment NN and CC , , as IN a DT result NN of IN economic JJ circumstances NNS , , the DT value NN of IN the DT property NN put VVN in IN his PP$ share NN has VHZ increased VVN or CC lessened VVN by IN more JJR than IN one CD fourth JJ since IN the DT partition NN , , the DT sums NNS remaining VVG due JJ shall MD increase VV or CC lessen VV in IN the DT same JJ proportion NN . SENT The DT parties NNS may MD , , however RB , , agree VVP that IN the DT amount NN of IN the DT balance NN will MD not RB vary VV . SENT Art NN . SENT 834 CD Shares NNS are VBP made VVN by IN one CD of IN the DT coheirs NNS where WRB they PP can MD agree VV between IN themselves PP on IN the DT choice NN and CC where WRB the DT one NN chosen VVN accepts VVZ the DT charge NN . SENT otherwise RB the DT shares NNS shall MD be VB made VVN by IN an DT expert NN appointed VVN by IN the DT supervising VVG judge NN . SENT They PP shall MD then RB be VB drawn VVN by IN lots NNS . SENT Art NN . SENT 835 CD Before IN drawing VVG the DT lots NNS , , each DT coparcener NN is VBZ allowed VVN to TO present VV objections NNS as RB to TO their PP$ formation NN . SENT Art NN . SENT 836 CD The NP rules NNS established VVN for IN the DT division NN of IN the DT masses NNS to TO be VB partitioned VVN shall MD also RB be VB followed VVN in IN the DT subdivision NN to TO be VB made VVN between IN the DT coparcener NN stocks NNS . SENT Art NN . SENT 837 CD Where WRB , , in IN operations NNS referred VVN to TO a DT notaire NN , , controversies NNS arise VVP , , the DT notaire NN shall MD draw VV up RP a DT memorandum NN of IN the DT difficulties NNS and CC respective JJ statements NNS of IN the DT parties NNS , , and CC shall MD refer VV them PP to TO the DT supervisor NN appointed VVN for IN the DT partition NN . SENT and CC as RB to TO other JJ issues NNS , , proceedings NNS shall MD be VB conducted VVN as IN prescribed VVN by IN legislation NN relating VVG to TO procedure NN . SENT Art NN . SENT 838 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD Where WRB all DT coheirs NNS are VBP not RB present JJ , , a DT partition NN must MD be VB made VVN in IN court NN , , under IN the DT rules NNS of IN Articles NNS 819 CD to TO 837 CD . SENT It PP shall MD be VB the DT same JJ where WRB there EX are VBP among IN them PP non JJ emancipated VVN minors NNS or CC adults NNS in IN guardianship NN , , subject JJ to TO Article NP 466 CD . SENT Where WRB there EX are VBP several JJ minors NNS , , a DT special JJ and CC distinct JJ guardian NN may MD be VB given VVN to TO each DT of IN them PP . SENT Art NN . SENT 839 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD Where WRB there EX is VBZ occasion NN for IN an DT auction NN , , in IN the DT case NN provided VVD for IN in IN paragraph NN 1 CD of IN the DT preceding JJ Article NN , , it PP may MD be VB made VVN only RB in IN court NN with IN the DT formalities NNS prescribed VVN for IN the DT transfer NN of IN the DT property NN of IN minors NNS . SENT Outsiders NNS shall MD always RB be VB admitted VVN . SENT Art NN . SENT 840 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD Partitions NNS made VVN in IN accordance NN with IN the DT rules NNS above IN prescribed VVN in IN the DT name NN of IN presumed JJ absentees NNS Act NP n NN 77 CD 1447 CD of IN 28 CD Dec NP . SENT 1977 CD and CC persons NNS not RB present JJ are VBP final JJ . SENT they PP are VBP temporary JJ only RB where WRB the DT prescribed JJ rules NNS were VBD not RB complied VVN with IN . SENT Art NN . SENT 841 CD repealed VVN Art NN . SENT 842 CD After IN partition NN , , each DT coparcener NN shall MD receive VV the DT instruments NNS of IN title NN pertaining VVG to TO the DT property NN which WDT falls VVZ on IN him PP . SENT Instruments NNS of IN title NN of IN a DT divided VVN property NN shall MD remain VV to TO the DT one NN who WP has VHZ the DT largest JJS part NN , , with IN the DT responsibility NN to TO assist VV with IN them PP those DT of IN his PP$ coparceners NNS who WP have VHP an DT interest NN therein RB , , where WRB he PP is VBZ required VVN to TO do VV so RB . SENT Instruments NNS of IN title NN common JJ to TO a DT whole JJ inheritance NN shall MD be VB delivered VVN to TO the DT one NN whom WP all PDT the DT heirs NNS have VHP chosen VVN to TO be VB the DT depositary NN of IN them PP , , with IN the DT responsibility NN to TO assist VV the DT coparceners NNS with IN them PP , , whenever WRB required VVN . SENT Where WRB there EX is VBZ a DT difficulty NN about IN that DT choice NN , , it PP shall MD be VB regulated VVN by IN the DT judge NN . SENT Section NP II NP Of IN the DT Collations NNS , , Appropriation NN and CC Abatement NN of IN Gratuitous JJ Transfers NNS Made VVN to TO Persons NP Entitled VVN to TO Inherit VV Art NN . SENT 843 CD Act NP of IN 24 CD March NP 1898 CD Every DT heir NN , , even RB beneficiary NN , , coming VVG into IN a DT succession NN , , shall MD return VV to TO his PP$ coheirs NNS everything NN he PP has VHZ received VVN from IN the DT deceased JJ , , by IN gift NN inter VV vivos NNS , , directly RB or CC indirectly RB . SENT he PP may MD not RB keep VV the DT gifts NNS made VVD to TO him PP by IN the DT deceased JJ unless IN they PP were VBD made VVN expressly RB over IN and CC above IN his PP$ share NN , , or CC with IN exemption NN from IN collation NN . SENT Legacies NNS made VVD to TO a DT heir NN are VBP deemed VVN to TO be VB made VVN over IN and CC above IN his PP$ part NN , , unless IN the DT testator NN has VHZ expressed VVN his PP$ wish NN to TO the DT contrary NN , , in IN which WDT case NN the DT legatee NN may MD only RB claim VV his PP$ legacy NN by IN taking VVG less JJR . SENT Art NN . SENT 844 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Gifts NNS made VVN over IN and CC above IN the DT share NN or CC with IN exemption NN from IN collation NN may MD be VB retained VVN , , and CC legacies NNS may MD be VB claimed VVN by IN an DT heir NN coming VVG into IN a DT partition NN , , only RB up RB to TO the DT amount NN of IN the DT disposable JJ portion NN . SENT the DT excess NN is VBZ subject JJ to TO reduction NN . SENT Art NN . SENT 845 CD An DT heir NN who WP renounces VVZ a DT succession NN may MD nevertheless RB retain VV the DT gift NN inter VV vivos NNS or CC claim VVP the DT legacy NN made VVD to TO him PP up RB to TO the DT amount NN of IN the DT disposable JJ portion NN . SENT Art NN . SENT 846 CD A NP donee NN who WP was VBD not RB a DT presumptive JJ heir NN at IN the DT time NN of IN the DT gift NN , , but CC who WP is VBZ entitled VVN to TO inherit VV on IN the DT day NN of IN the DT opening NN of IN the DT succession NN , , is VBZ also RB bound VVN to TO collation NN , , unless IN the DT donor NN has VHZ exempted VVN him PP from IN it PP . SENT Art NN . SENT 847 CD Gifts NNS and CC legacies NNS made VVD to TO the DT son NN of IN a DT person NN who WP is VBZ entitled VVN to TO inherit VV at IN the DT time NN of IN the DT opening NN of IN the DT succession NN , , are VBP always RB deemed VVN to TO have VH been VBN made VVN with IN exemption NN from IN collation NN . SENT The DT father NN coming VVG to TO the DT succession NN of IN the DT donor NN is VBZ not RB bound VVN to TO collate VV them PP . SENT Art NN . SENT 848 CD Likewise RB , , a DT son NN coming VVG in IN his PP$ own JJ right NN to TO the DT succession NN of IN the DT donor NN is VBZ not RB bound VVN to TO collate VV a DT gift NN made VVD to TO his PP$ father NN , , even RB if IN he PP has VHZ accepted VVN the DT latter's JJ succession NN . SENT but CC where WRB the DT son NN comes VVZ only RB by IN representation NN , , he PP shall MD collate VV what WP was VBD given VVN to TO his PP$ father NN , , even RB in IN the DT case NN where WRB he PP has VHZ repudiated VVN his PP$ succession NN . SENT Art NN . SENT 849 CD Gifts NNS and CC legacies NNS made VVD to TO the DT spouse NN of IN a DT spouse NN entitled VVN to TO inherit VV are VBP deemed VVN to TO be VB made VVN with IN exemption NN from IN collation NN . SENT Where WRB gifts NNS and CC legacies NNS are VBP made VVN jointly RB to TO two CD spouses NNS , , one CD of IN whom WP only RB inherits VVZ , , the DT latter NN collates VVZ the DT half NN . SENT where WRB the DT gifts NNS are VBP made VVN to TO the DT spouse NN entitled VVN to TO inherit VV , , he PP or CC she PP shall MD collate VV the DT whole NN . SENT Art NN . SENT 850 CD Collation NN is VBZ made VVN only RB to TO the DT succession NN of IN the DT donor NN . SENT Art NN . SENT 851 CD Collation NN is VBZ due JJ for IN what WP has VHZ been VBN devoted VVN to TO the DT settling NN of IN one CD of IN the DT coheirs NNS , , or CC for IN the DT payment NN of IN his PP$ debts NNS . SENT Art NN . SENT 852 CD The NP expenses NNS of IN food NN , , support NN , , education NN , , apprenticeship NN , , the DT ordinary JJ costs NNS of IN outfitting VVG , , those DT of IN weddings NNS and CC usual JJ presents NNS , , shall MD not RB be VB collated VVN . SENT Art NN . SENT 853 CD It PP shall MD be VB the DT same JJ with IN profits NNS which WDT a DT heir NN may MD have VH made VVN out RP of IN agreements NNS entered VVN into IN with IN the DT deceased JJ , , where WRB those DT agreements NNS did VVD not RB offer VV any DT indirect JJ advantage NN when WRB they PP were VBD made VVN . SENT Art NN . SENT 854 CD Likewise RB , , no DT collation NN is VBZ due JJ for IN partnerships NNS concluded VVN without IN fraud NN between IN the DT deceased JJ and CC one CD of IN his PP$ heirs NNS , , where WRB the DT articles NNS thereof RB were VBD regulated VVN by IN an DT authentic JJ instrument NN . SENT Art NN . SENT 855 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD A DT property NN which WDT perishes VVZ through IN a DT fortuitous JJ event NN and CC without IN fault NN of IN the DT donee NN is VBZ not RB subject JJ to TO collation NN . SENT Where WRB , , however RB , , that DT property NN was VBD restored VVN through IN an DT indemnity NN received VVD because IN of IN its PP$ loss NN , , a DT donee NN shall MD collate VV it PP in IN the DT proportion NN that IN the DT indemnity NN served VVD to TO restore VV it PP . SENT Where WRB the DT indemnity NN was VBD not RB used VVN for IN that DT purpose NN , , it PP is VBZ itself PP subject JJ to TO collation NN . SENT Art NN . SENT 856 CD Fruits NP and CC interests NNS from IN things NNS subject JJ to TO collation NN are VBP due RB only RB from IN the DT day NN of IN the DT opening NN of IN the DT succession NN . SENT Art NN . SENT 857 CD Collation NN is VBZ only RB due JJ by IN a DT coheir NN to TO his PP$ coheir NN . SENT it PP is VBZ not RB due JJ to TO legatees NNS nor CC to TO creditors NNS of IN the DT succession NN . SENT Art NN . SENT 858 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Collation NN is VBZ made VVN by IN taking VVG less JJR . SENT It PP may MD not RB be VB required VVN in IN kind NN unless IN otherwise RB stipulated VVD in IN the DT instrument NN of IN gift NN . SENT In IN case NN of IN such PDT a DT stipulation NN , , conveyances NNS and CC creations NNS of IN real JJ rights NNS granted VVN by IN the DT donee NN are VBP extinguished VVN in IN consequence NN of IN collation NN , , unless IN the DT donor NN has VHZ consented VVN to TO them PP . SENT Art NN . SENT 859 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD An DT heir NN also RB has VHZ the DT power NN to TO collate VV in IN kind NN property NN given JJ which WDT still RB belongs VVZ to TO him PP provided VVD that DT property NN be VB free JJ from IN any DT encumbrance NN or CC occupancy NN with IN which WDT it PP was VBD not RB already RB burdened VVN at IN the DT time NN of IN the DT gift NN . SENT Art NN . SENT 860 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Collation NN is VBZ due JJ of IN the DT value NN of IN the DT property NN given VVN at IN the DT time NN of IN partition NN , , according VVG to TO its PP$ condition NN at IN the DT time NN of IN the DT gift NN . SENT Where WRB the DT property NN was VBD transferred VVN before IN partition NN , , account NN shall MD be VB taken VVN of IN the DT value NN it PP had VHD at IN the DT time NN of IN transfer NN and CC , , where WRB a DT new JJ property NN was VBD substituted VVN for IN the DT property NN transferred VVD , , of IN the DT value NN of IN that DT new JJ property NN at IN the DT time NN of IN partition NN . SENT The DT whole NN , , unless IN otherwise RB stipulated VVD in IN the DT instrument NN of IN gift NN . SENT Where WRB it PP results VVZ from IN such PDT a DT stipulation NN that IN the DT value NN to TO be VB collated VVN is VBZ less JJR than IN the DT value NN of IN the DT property NN determined VVD according VVG to TO the DT rules NNS of IN appraisal NN provided VVN for IN by IN Article NP 922 CD below RB , , that DT difference NN forms VVZ an DT indirect JJ advantage NN vested VVN in IN the DT donee NN over IN and CC above IN his PP$ share NN . SENT Art NN . SENT 861 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Where WRB collation NN is VBZ made VVN in IN kind NN and CC the DT condition NN of IN the DT property NN given VVN was VBD improved VVN by IN the DT act NN of IN the DT donee NN , , account NN thereof RB must MD be VB taken VVN to TO him PP , , in IN consideration NN of IN that DT by IN which WDT their PP$ value NN has VHZ increased VVN at IN the DT time NN of IN partition NN or CC transfer NN . SENT Likewise RB account NN must MD be VB taken VVN to TO the DT donee NN of IN the DT necessary JJ expenses NNS which WDT he PP made VVD for IN the DT preservation NN of IN the DT property NN , , even RB if IN they PP have VHP not RB improved VVN it PP . SENT Art NN . SENT 862 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD A DT coheir NN who WP makes VVZ collation NN in IN kind NN may MD retain VV possession NN of IN the DT property NN given VVN until IN the DT sums NNS due JJ to TO him PP for IN expenses NNS or CC improvements NNS have VHP been VBN actually RB reimbursed VVN . SENT Art NN . SENT 863 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD A DT donee NN , , on IN his PP$ part NN , , must MD , , in IN case NN of IN collation NN in IN kind NN , , account NN for IN degradations NNS and CC deteriorations NNS which WDT have VHP reduced VVN the DT value NN of IN the DT property NN given VVN through IN his PP$ act NN or CC fault NN . SENT Art NN . SENT 864 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD A DT gift NN made VVN in IN advance NN of IN his PP$ share NN to TO a DT compulsory JJ heir NN who WP accepts VVZ the DT succession NN shall MD be VB appropriated VVN to TO his PP$ share NN of IN reserve NN and CC , , subsidiarily RB to TO the DT disposable JJ portion NN , , unless IN otherwise RB agreed VVN in IN the DT instrument NN of IN gift NN . SENT The DT excess NN is VBZ subject JJ to TO abatement NN . SENT A DT gift NN made VVN in IN advance NN of IN his PP$ share NN to TO a DT compulsory JJ heir NN who WP renounces VVZ the DT succession NN is VBZ treated VVN as IN a DT gift NN over IN and CC above IN the DT donee's JJ share NN . SENT Art NN . SENT 865 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD A DT gratuitous JJ transfer NN made VVN over IN and CC above IN the DT beneficiary's JJ share NN shall MD be VB appropriated VVN to TO the DT disposable JJ portion NN . SENT The DT excess NN is VBZ subject JJ to TO abatement NN . SENT Art NN . SENT 866 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Gifts NNS made VVN to TO a DT person NN entitled VVN to TO inherit VV , , or CC to TO persons NNS entitled VVN to TO inherit VV , , jointly RB , , which WDT exceed VVP the DT disposable JJ portion NN may MD be VB retained VVN in IN whole NN by IN the DT beneficiaries NNS , , whatever WDT the DT excess NN may MD be VB , , provided VVD they PP compensate VV the DT coheirs NNS in IN money NN . SENT Art NN . SENT 867 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Where WRB a DT legacy NN made VVD to TO a DT person NN entitled VVN to TO inherit VV , , or CC to TO persons NNS entitled VVN to TO inherit VV , , jointly RB , , relates VVZ to TO a DT property NN or CC several JJ items NNS of IN property NN which WDT compose VV a DT whole NN whose WP$ value NN exceeds VVZ the DT disposable JJ portion NN , , the DT legatee NN or CC legatees NNS may MD , , whatever WDT the DT excess NN , , claim NN in IN totality NN the DT subject JJ matter NN of IN the DT gratuitous JJ transfer NN , , provided VVD they PP compensate VV the DT coheirs NNS in IN money NN . SENT It PP shall MD be VB likewise RB even RB where WRB the DT gratuitous JJ transfer NN involves VVZ movable JJ items NNS of IN property NN which WDT were VBD in IN the DT common JJ use NN of IN the DT deceased JJ and CC of IN the DT legatee NN . SENT Art NN . SENT 868 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Where WRB abatement NN may MD not RB be VB required VVN in IN kind NN , , a DT donee NN or CC legatee NN is VBZ debtor JJ for IN an DT indemnity NN equivalent NN to TO the DT excess JJ portion NN of IN the DT abatable JJ gratuitous JJ transfer NN . SENT That DT indemnity NN shall MD be VB calculated VVN according VVG to TO the DT value NN of IN the DT articles NNS donated VVD or CC bequeathed VVD at IN the DT time NN of IN partition NN , , and CC their PP$ condition NN on IN the DT day NN when WRB the DT gratuitous JJ transfer NN took VVD effect NN . SENT It PP is VBZ payable JJ at IN the DT time NN of IN partition NN , , save VV agreement NN between IN the DT coheirs NNS . SENT However RB , , where WRB the DT subject JJ matter NN of IN the DT gratuitous JJ transfer NN is VBZ an DT item NN of IN the DT property NN which WDT may MD be VB the DT subject NN of IN a DT preferential JJ allotment NN , , periods NNS may MD be VB granted VVN by IN the DT court NN , , account NN being VBG taken VVN of IN the DT interests NNS as IN they PP stand VVP , , if IN they PP were VBD not RB granted VVN by IN the DT transferor NN . SENT The DT granting VVG of IN those DT periods NNS may MD not RB in IN any DT case NN have VH the DT effect NN of IN deferring VVG payment NN of IN the DT indemnity NN beyond IN ten CD years NNS from IN the DT opening NN of IN the DT succession NN . SENT The DT provisions NNS of IN Article NP 833 CD 1 CD shall MD then RB apply VV to TO the DT payment NN of IN the DT sums NNS due JJ . SENT Failing VVG agreement NN or CC stipulation NN to TO the DT contrary NN , , those DT sums NNS bear VVP interests NNS at IN the DT statutory JJ rate NN in IN civil JJ matters NNS . SENT Advantages NNS resulting VVG from IN periods NNS and CC methods NNS of IN payment NN granted VVN do VVP not RB constitute VV a DT gratuitous JJ transfer NN . SENT In IN case NN of IN sale NN of IN the DT whole NN of IN a DT property NN donated VVD or CC bequeathed VVD , , the DT sums NNS remaining VVG due RB become VVN immediately RB due JJ . SENT in IN case NN of IN partial JJ sales NNS , , the DT proceeds NNS of IN those DT sales NNS are VBP paid VVN to TO the DT coheirs NNS and CC appropriated VVN to TO the DT sums NNS still RB due JJ . SENT Art NN . SENT 869 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Collation NN of IN a DT sum NN of IN money NN is VBZ equal JJ to TO its PP$ amount NN . SENT Where WRB , , however RB , , it PP was VBD used VVN to TO acquire VV property NN , , collation NN of IN the DT value NN of IN that DT property NN is VBZ due JJ , , in IN the DT way NN provided VVD for IN in IN Article NP 860 CD . SENT Section NP III NP Of IN the DT Payment NN of IN Debts NNS Art NN . SENT 870 CD Coheirs NNS contribute VVP between IN themselves PP to TO the DT payment NN of IN the DT debts NNS and CC liabilities NNS of IN the DT succession NN , , each DT one NN in IN proportion NN to TO what WP he PP takes VVZ from IN it PP . SENT Art NN . SENT 871 CD A DT legatee NN under IN universal JJ title NN contributes VVZ with IN the DT heirs NNS pro JJ rata NN to TO his PP$ benefit NN . SENT but CC a DT specific JJ legatee NN is VBZ not RB held VVN for IN the DT debts NNS and CC liabilities NNS , , except IN however RB a DT foreclosure NN action NN against IN a DT bequeathed VVD immovable JJ . SENT Art NN . SENT 872 CD Where WRB immovables NNS of IN a DT succession NN are VBP encumbered VVN by IN annuities NNS with IN a DT special JJ mortgage NN , , each DT coheir NN may MD require VV that IN the DT annuities NNS be VB reimbursed VVN and CC the DT immovables NNS freed VVN before IN the DT composing VVG of IN the DT shares NNS . SENT Where WRB the DT coheirs NNS partition VV the DT succession NN in IN the DT condition NN in IN which WDT it PP stands VVZ , , the DT encumbered VVN immovable JJ must MD be VB appraised VVN at IN the DT same JJ rate NN as IN the DT other JJ immovables NNS . SENT the DT capital NN of IN the DT annuity NN shall MD be VB deducted VVN from IN the DT total JJ value NN . SENT the DT heir NN in IN whose WP$ share NN that IN immovable JJ falls NNS has VHZ alone RB the DT charge NN of IN servicing VVG the DT annuity NN and CC is VBZ liable JJ for IN it PP towards IN his PP$ coheirs NNS . SENT Art NN . SENT 873 CD Heirs NNS are VBP held VVN to TO the DT debts NNS and CC liabilities NNS of IN the DT succession NN personally RB for IN their PP$ equal JJ share NN and CC portion NN , , and CC by IN mortgage NN for IN the DT whole NN . SENT subject JJ to TO their PP$ remedy NN either CC against IN their PP$ coheirs NNS , , or CC against IN the DT universal JJ legatees NNS , , for IN the DT part NN to TO which WDT the DT latter NN must MD contribute VV . SENT Art NN . SENT 874 CD A NP specific JJ legatee NN who WP has VHZ paid VVN a DT debt NN encumbering VVG a DT bequeathed VVD immovable JJ remains NNS subrogated VVN to TO the DT rights NNS of IN the DT creditor NN against IN the DT heirs NNS and CC successors NNS under IN universal JJ title NN . SENT Art NN . SENT 875 CD A NP coheir NN or CC successor NN under IN universal JJ title NN who WP , , because IN of IN a DT mortgage NN , , has VHZ paid VVN more JJR than IN his PP$ share NN of IN a DT common JJ debt NN , , has VHZ a DT remedy NN against IN the DT other JJ heirs NNS or CC successors NNS under IN universal JJ title NN only RB for IN the DT share NN which WDT each DT of IN them PP must MD bear VV personally RB , , even RB in IN the DT case NN where WRB the DT coheir NN who WP paid VVD the DT debt NN has VHZ caused VVN himself PP to TO be VB subrogated VVN to TO the DT rights NNS of IN the DT creditor NN . SENT without IN prejudice NN , , however RB , , of IN the DT rights NNS of IN a DT coheir NN who WP , , because IN of IN benefit NN of IN inventory NN , , has VHZ retained VVN the DT power NN to TO demand VV payment NN of IN his PP$ personal JJ claim NN , , like IN any DT other JJ creditor NN . SENT Art NN . SENT 876 CD In IN case NN of IN insolvency NN of IN one CD of IN the DT coheirs NNS or CC successors NNS under IN universal JJ title NN , , his PP$ share NN of IN the DT mortgage NN debt NN must MD be VB divided VVN pro JJ rata NN between IN all PDT the DT others NNS . SENT Art NN . SENT 877 CD Enforceable JJ instruments NNS against IN a DT deceased JJ are VBP equally RB enforceable JJ against IN a DT heir NN personally RB . SENT creditors NNS , , however RB , , may MD seek VV enforcement NN only RB eight CD days NNS after IN notice NN of IN those DT instruments NNS has VHZ been VBN served VVN upon IN the DT heir NN personally RB or CC at IN his PP$ domicile NN . SENT Art NN . SENT 878 CD They PP may MD request VV , , in IN any DT case NN and CC against IN any DT creditor NN , , separation NN of IN the DT deceased's JJ patrimony NN from IN the DT heir's JJ patrimony NN . SENT Art NN . SENT 879 CD That IN right NN , , however RB , , may MD no RB longer RBR be VB exercised VVN where WRB there EX is VBZ novation NN in IN the DT claim NN against IN the DT deceased JJ , , by IN acceptance NN of IN the DT heir NN as IN debtor NN . SENT Art NN . SENT 880 CD It PP is VBZ time NN barred VVN , , with IN regard NN to TO movables NNS , , after IN the DT lapse NN of IN three CD years NNS . SENT With IN regard NN to TO immovables NNS , , an DT action NN may MD be VB brought VVN as RB long RB as IN they PP are VBP in IN the DT hands NNS of IN the DT heir NN . SENT Art NN . SENT 881 CD Creditors NNS of IN an DT heir NN are VBP not RB allowed VVN to TO request VV the DT separation NN of IN the DT patrimonies NNS against IN the DT creditors NNS of IN the DT succession NN . SENT Art NN . SENT 882 CD In IN order NN to TO prevent VV that DT partition NN be VB made VVN in IN fraud NN of IN their PP$ rights NNS , , creditors NNS of IN a DT coparcener NN may MD oppose VV its PP$ being VBG made VVN out RP of IN their PP$ presence NN . SENT they PP have VHP the DT right NN to TO intervene VV in IN it PP at IN their PP$ own JJ expense NN . SENT but CC they PP may MD not RB attack VV a DT partition NN achieved VVD , , unless IN , , however RB , , it PP was VBD made VVN without IN them PP and CC notwithstanding IN an DT objection NN they PP would MD have VH made VVN . SENT Section NP IV NP Of IN the DT Effects NNS of IN Partition NN and CC of IN Warranty NN of IN Shares NP Art NP . SENT 883 CD Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Each DT coheir NN shall MD be VB deemed VVN to TO have VH succeeded VVN alone RB and CC immediately RB to TO all PDT the DT effects NNS comprised VVN in IN his PP$ share NN , , or CC falling VVG to TO him PP through IN auction NN , , and CC never RB to TO have VH had VHN ownership NN of IN the DT other JJ effects NNS of IN the DT succession NN . SENT It PP shall MD be VB the DT same JJ as RB to TO the DT property NN which WDT came VVD to TO him PP through IN any DT other JJ act NN leading VVG to TO the DT cessation NN of IN undivided JJ ownership NN . SENT One PP shall MD not RB distinguish VV depending VVG on IN whether IN the DT act NN causes VVZ undivided JJ ownership NN to TO cease VV in IN whole JJ or CC in IN part NN , , with IN regard NN only RB to TO some DT items NNS of IN property NN or CC to TO some DT heirs NNS . SENT However RB , , transactions NNS lawfully RB performed VVD either RB under IN an DT agency NN given VVN by IN the DT coheirs NNS , , or CC under IN a DT judicial JJ authorization NN , , maintain VV their PP$ effects NNS whatever WDT the DT allotment NN of IN the DT property NN which WDT was VBD the DT subject NN thereof RB may MD be VB at IN the DT time NN of IN the DT partition NN . SENT Art NN . SENT 884 CD Coheirs NNS remain VVP respectively RB warrantors NNS towards IN each DT other JJ only RB for IN disturbances NNS and CC dispossession NN which WDT result VVP from IN a DT cause NN previous JJ to TO the DT partition NN . SENT The DT warranty NN may MD not RB arise VV where WRB the DT kind NN of IN dispossession NN suffered VVN was VBD excepted VVN by IN a DT specific JJ and CC express JJ clause NN of IN the DT instrument NN of IN partition NN . SENT it PP ceases VVZ where WRB a DT heir NN suffers VVZ dispossession NN by IN his PP$ own JJ fault NN . SENT Art NN . SENT 885 CD Each DT coheir NN is VBZ personally RB obliged VVN in IN proportion NN to TO his PP$ hereditary JJ share NN to TO indemnify VV his PP$ coheir NN for IN the DT loss NN which WDT dispossession NN caused VVD to TO him PP . SENT Where WRB one CD of IN the DT coheirs NNS is VBZ insolvent JJ , , the DT portion NN for IN which WDT he PP is VBZ responsible JJ must MD be VB equally RB divided VVN between IN the DT warrantor NN and CC all PDT the DT solvent JJ coheirs NNS . SENT Art NN . SENT 886 CD The DT warranty NN of IN solvency NN of IN the DT debtor NN of IN an DT annuity NN may MD be VB enforced VVN only RB within IN the DT five CD years NNS following VVG the DT partition NN . SENT Warranty NN on IN account NN of IN insolvency NN does VVZ not RB arise VV where WRB it PP happened VVD only RB since IN the DT partition NN achieved VVD . SENT Section NN V NN Of IN Rescission NN in IN Matters NNS of IN Partition NN Art NN . SENT 887 CD Partitions NNS may MD be VB rescinded VVD for IN reason NN of IN violence NN or CC deception NN . SENT There EX may MD also RB be VB occasion NN for IN rescission NN where WRB one CD of IN the DT coheirs NNS establishes VVZ , , to TO his PP$ prejudice NN , , loss NN amounting VVG to TO more JJR than IN one CD fourth JJ . SENT The DT mere JJ omission NN of IN an DT article NN of IN the DT succession NN does VVZ not RB give VV rise NN to TO an DT action NN for IN rescission NN , , but CC only RB to TO a DT supplement NN to TO the DT instrument NN of IN partition NN . SENT Art NN . SENT 888 CD An DT action NN for IN partition NN is VBZ allowed VVN against IN any DT act NN aiming VVG at IN putting VVG an DT end NN to TO an DT undivided JJ ownership NN , , between IN coheirs NNS , , whether IN it PP be VB characterized VVN as IN a DT sale NN , , exchange NN , , settlement NN , , or CC in IN any DT other JJ manner NN . SENT But CC , , after IN the DT partition NN , , or CC the DT act NN which WDT takes VVZ its PP$ place NN , , an DT action NN for IN rescission NN is VBZ no DT longer RBR admissible JJ against IN a DT settlement NN made VVN over IN the DT real JJ difficulties NNS which WDT the DT first JJ act NN presented VVD , , even RB though IN no DT suit NN has VHZ been VBN initiated VVN on IN that DT subject NN . SENT Art NN . SENT 889 CD An DT action NN is VBZ not RB admitted VVN against IN a DT sale NN of IN rights NNS to TO succession NN made VVD without IN fraud NN to TO one CD of IN the DT coheirs NNS , , at IN his PP$ own JJ risk NN , , by IN his PP$ other JJ coheirs NNS or CC one CD of IN them PP . SENT Art NN . SENT 890 CD In IN order NN to TO decide VV whether IN there EX has VHZ been VBN loss NN , , the DT articles NNS shall MD be VB appraised VVN according VVG to TO their PP$ value NN at IN the DT time NN of IN partition NN . SENT Art NN . SENT 891 CD The DT defendant NN in IN a DT claim NN for IN rescission NN may MD stop VV the DT course NN of IN it PP and CC prevent VV a DT new JJ partition NN by IN offering VVG and CC delivering VVG to TO the DT plaintiff NN the DT supplement NN of IN his PP$ hereditary JJ share NN , , either CC in IN money NN , , or CC in IN kind NN . SENT Art NN . SENT 892 CD A NP coheir NN who WP has VHZ transferred VVN his PP$ share NN in IN whole JJ or CC in IN part NN , , is VBZ no DT longer RB entitled VVN to TO bring VV an DT action NN for IN rescission NN on IN ground NN of IN deception NN or CC violence NN , , where WRB the DT transfer NN which WDT he PP made VVD is VBZ subsequent JJ to TO the DT discovery NN of IN the DT deception NN , , or CC to TO the DT ending NN of IN the DT violence NN . SENT TITLE NN II NP OF IN GIFTS NNS INTER VV VIVOS NP AND CC OF IN WILLS NNS CHAPTER NN I NP GENERAL NP PROVISIONS NNS Art NN . SENT 893 CD One CD may MD dispose VV of IN his PP$ property NN gratuitously RB only RB by IN gift NN inter VV vivos NNS or CC by IN will NN , , in IN the DT forms NNS hereinafter RB laid VVN down RP . SENT Art NN . SENT 894 CD A DT gift NN inter VV vivos NNS is VBZ a DT transaction NN by IN which WDT the DT donor NN divests VVZ himself PP now RB and CC irrevocably RB of IN the DT thing NN donated VVD , , in IN favour NN of IN the DT donee NN who WP accepts VVZ it PP . SENT Art NN . SENT 895 CD A NP will NN is VBZ a DT transaction NN by IN which WDT a DT testator NN disposes VVZ , , for IN the DT time NN when WRB he PP is VBZ no DT longer RBR alive JJ , , of IN the DT whole NN or CC part NN of IN his PP$ property NN , , and CC which WDT he PP may MD revoke VV . SENT Art NN . SENT 896 CD Substitutions NNS are VBP prohibited VVN . SENT Any DT disposition NN by IN which WDT a DT donee NN , , an DT heir NN appointed VVN or CC a DT legatee NN , , is VBZ assigned VVN the DT duty NN to TO keep VV and CC return VV to TO a DT third JJ party NN , , is VBZ void JJ , , even RB with IN regard NN to TO the DT donee NN , , the DT heir NN appointed VVN or CC the DT legatee NN . SENT repealed VVN Art NN . SENT 897 RB Are VBP excepted VVN from IN the DT first JJ two CD paragraphs NNS of IN the DT preceding JJ Article NN the DT dispositions NNS which WDT the DT fathers NNS and CC mothers NNS and CC the DT brothers NNS and CC sisters NNS are VBP allowed VVN to TO make VV under IN Chapter NP VI NP of IN this DT Title NN . SENT Art NN . SENT 898 CD A DT disposition NN by IN which WDT a DT third JJ party NN is VBZ called VVN to TO take VV a DT gift NN , , an DT inheritance NN or CC a DT legacy NN , , in IN case NN a DT donee NN , , an DT heir NN appointed VVN or CC a DT legatee NN would MD not RB take VV it PP , , shall MD not RB be VB considered VVN as IN a DT substitution NN , , and CC is VBZ valid JJ . SENT Art NN . SENT 899 CD It PP shall MD be VB the DT same JJ as RB regards VVZ an DT inter VV vivos NNS or CC testamentary JJ disposition NN by IN which WDT a DT usufruct NN is VBZ donated VVN to TO one CD person NN and CC bare JJ ownership NN to TO another DT . SENT Art NN . SENT 900 CD In IN any DT inter VV vivos NNS or CC testamentary JJ disposition NN , , the DT conditions NNS which WDT are VBP impossible JJ or CC those DT which WDT are VBP contrary JJ to TO legislation NN or CC good JJ morals NNS , , shall MD be VB deemed VVN to TO be VB not RB written VVN . SENT Art NN . SENT 900 CD 1 CD Act NP n NN 71 CD 526 CD of IN 3 CD July NP 1971 CD Clauses NNS of IN inalienability NN concerning VVG a DT property NN donated VVD or CC bequeathed VVD are NN valid JJ only RB where WRB they PP are VBP temporary JJ and CC justified VVN by IN a DT serious JJ and CC legitimate JJ interest NN . SENT Even RB in IN that DT case NN , , a DT donee NN or CC legatee NN may MD be VB judicially RB authorized VVN to TO dispose VV of IN the DT property NN if IN the DT interest NN which WDT justified JJ the DT clause NN has VHZ disappeared VVN or CC if IN it PP happens VVZ that IN a DT more RBR important JJ interest NN so RB requires VVZ . SENT repealed VVN The DT provisions NNS of IN this DT Article NP do VVP not RB prejudice VV gratuitous JJ transfers NNS granted VVN to TO juridical JJ persons NNS or CC even RB to TO natural JJ persons NNS responsible JJ for IN forming VVG juridical JJ persons NNS . SENT Art NN . SENT 900 CD 2 CD Act NP n NN 84 CD 562 CD of IN 4 CD July NP 1984 CD A DT beneficiary NN may MD apply VV for IN judicial JJ revision NN of IN the DT conditions NNS and CC charges NNS encumbering VVG the DT gifts NNS or CC legacies NNS which WDT he PP has VHZ received VVN , , where WRB , , in IN consequence NN of IN a DT change NN of IN circumstances NNS , , performance NN of IN them PP has VHZ become VVN for IN him PP extremely RB difficult JJ , , or CC seriously RB detrimental JJ . SENT Art NN . SENT 900 CD 3 CD Act NP n NN 84 CD 562 CD of IN 4 CD July NP 1984 CD A DT claim NN for IN revision NN shall MD be VB brought VVN as IN a DT main JJ action NN . SENT it PP may MD be VB so RB also RB as IN a DT counterclaim NN , , in IN reply NN to TO an DT action NN for IN performance NN or CC revocation NN brought VVN by IN the DT heirs NNS of IN the DT disposing VVG person NN . SENT It PP shall MD be VB brought VVN against IN the DT heirs NNS . SENT it PP shall MD be VB brought VVN at IN the DT same JJ time NN against IN the DT Government NP procurator's NN office NN where WRB there EX is VBZ doubt NN as RB to TO the DT existence NN or CC identity NN of IN some DT of IN them PP . SENT where WRB there EX is VBZ no DT known JJ heir NN , , it PP must MD be VB brought VVN against IN the DT Government NP procurator's NN office NN . SENT The DT latter NN shall MD , , in IN any DT case NN , , have VHP the DT case NN communicated VVD to TO him PP . SENT Art NN . SENT 900 CD 4 CD Act NP n NN 84 CD 562 CD of IN 4 CD July NP 1984 CD A DT judge NN seized VVN of IN a DT claim NN for IN revision NN may MD , , according VVG to TO the DT circumstances NNS and CC even RB of IN his PP$ own JJ motion NN , , either CC reduce VV the DT quantity NN or CC intervals NNS of IN the DT performances NNS encumbering VVG the DT gratuitous JJ transfer NN , , or CC modify VV their PP$ character NN making VVG allowance NN for IN the DT intention NN of IN the DT disposing VVG person NN , , or CC even RB merge VV them PP with IN analogous JJ performances NNS resulting VVG from IN other JJ gratuitous JJ transfers NNS . SENT He PP may MD authorize VV the DT transfer NN of IN all DT or CC part NN of IN the DT property NN which WDT is VBZ the DT subject JJ matter NN of IN the DT gratuitous JJ transfer NN with IN ordering VVG that IN the DT proceeds NNS thereof RB be VB used VVN for IN purposes NNS in IN keeping VVG with IN the DT intention NN of IN the DT disposing VVG party NN . SENT He PP shall MD prescribe VV measures NNS adapted VVN to TO maintain VV , , as RB far RB as IN possible JJ , , the DT denomination NN which WDT the DT disposing VVG person NN intended VVN to TO give VV to TO his PP$ gratuitous JJ transfer NN . SENT Art NN . SENT 900 CD 5 CD Act NP n NN 84 CD 562 CD of IN 4 CD July NP 1984 CD A DT claim NN is VBZ admissible JJ only RB ten CD years NNS after IN the DT death NN of IN the DT disposing VVG person NN or CC , , in IN case NN of IN a DT succession NN of IN claims NNS , , ten CD years NNS after IN the DT judgment NN which WDT ordered VVD the DT previous JJ revision NN . SENT A DT beneficiary NN must MD justify VV the DT steps NNS he PP took VVD , , during IN the DT interval NN , , to TO perform VV his PP$ obligations NNS . SENT Art NN . SENT 900 CD 6 CD Act NP n NN 84 CD 562 CD of IN 4 CD July NP 1984 CD Third JJ party NN application NN for IN rehearing NN against IN a DT judgment NN acceding VVG to TO an DT application NN for IN revision NN is VBZ admissible JJ only RB in IN case NN of IN fraud NN chargeable JJ to TO the DT donee NN or CC legatee NN . SENT The DT retraction NN or CC reformation NN of IN the DT judgment NN attacked VVD does VVZ not RB give VV rise NN to TO any DT action NN against IN the DT third JJ party NN purchaser NN in IN good JJ faith NN . SENT Art NN . SENT 900 CD 7 CD Act NP n NN 84 CD 562 CD of IN 4 CD July NP 1984 CD Where WRB , , after IN revision NN , , performance NN of IN the DT conditions NNS or CC charges NNS , , such JJ as IN it PP was VBD originally RB provided VVN , , becomes VVZ possible JJ again RB , , it PP may MD be VB requested VVN by IN the DT heirs NNS . SENT Art NN . SENT 900 CD 8 CD Act NP n NN 84 CD 562 CD of IN 4 CD July NP 1984 CD Shall NP be VB deemed VVN not RB written VVN any DT clause NN by IN which WDT a DT disposing VVG party NN deprives VVZ of IN a DT gratuitous JJ transfer NN a DT person NN who WP questions VVZ the DT validity NN of IN a DT clause NN of IN inalienability NN or CC requests NNS authorization NN to TO transfer VV . SENT CHAPTER NN II NP OF IN THE DT CAPACITY NN TO TO DISPOSE VV OR CC TO TO RECEIVE VV BY IN INTER VV VIVOS NP GIFT NN OR CC BY IN WILL MD Art NP . SENT 901 CD To TO make VV an DT inter VV vivos NNS gift NN or CC a DT will MD one PP must MD be VB of IN sound JJ mind NN . SENT Art NN . SENT 902 CD All NP persons NNS may MD dispose VV and CC receive VV , , either CC by IN inter VV vivos NNS gift NN , , or CC by IN will NN , , except IN those DT whom WP legislation NN declares VVZ to TO be VB incapable JJ . SENT Art NN . SENT 903 CD A NP minor JJ under IN sixteen CD years NNS of IN age NN may MD not RB in IN any DT way NN dispose VV , , except IN for IN what WP is VBZ provided VVN for IN in IN Chapter NP IX NP of IN this DT Title NN . SENT Art NN . SENT 904 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD A NP minor NN who WP has VHZ reached VVN the DT age NN of IN sixteen CD years NNS and CC is VBZ not RB emancipated VVN , , may MD only RB dispose VV by IN will NN , , and CC only RB to TO the DT extent NN of IN half NN of IN the DT property NN which WDT legislation NN allows VVZ an DT adult NN to TO dispose VV of IN . SENT Act NN of IN 28 CD Oct NP . SENT 1916 CD Where WRB , , however RB , , he PP is VBZ called VVN up RP for IN a DT campaign NN of IN war NN , , he PP may MD , , during IN the DT duration NN of IN the DT hostilities NNS , , dispose VV of IN the DT same JJ portion NN as IN if IN he PP were VBD of IN full JJ age NN , , in IN favour NN of IN any DT of IN his PP$ relatives NNS , , or CC of IN several JJ of IN them PP up RB to TO the DT sixth JJ degree NN inclusive JJ or CC in IN favour NN of IN his PP$ surviving VVG spouse NN . SENT Failing VVG relatives NNS of IN the DT sixth JJ degree NN inclusive JJ , , a DT minor NN may MD dispose VV as IN a DT person NN of IN full JJ age NN would MD do VV . SENT Art NN . SENT 905 CD repealed VVN Art NN . SENT 906 CD To TO be VB capable JJ of IN receiving VVG inter VV vivos NNS , , one PP need VVP only RB to TO be VB conceived VVN at IN the DT time NN of IN the DT gift NN . SENT To TO be VB capable JJ of IN receiving VVG by IN will NN , , one PP need VVP only RB to TO be VB conceived VVN at IN the DT time NN of IN the DT death NN of IN the DT testator NN . SENT However RB , , the DT gift NN or CC will NN may MD only RB take VV effect NN if IN the DT child NN is VBZ born VVN viable JJ . SENT Art NN . SENT 907 CD A NP minor NN , , although IN he PP has VHZ reached VVN the DT age NN of IN sixteen CD , , may MD not RB dispose VV to TO the DT benefit NN of IN his PP$ guardian NN , , even RB by IN will NN . SENT Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD A NP minor JJ , , having VHG become VVN of IN age NN or CC emancipated VVD , , may MD not RB dispose VV , , either CC by IN gift NN inter VV vivos NNS or CC by IN will NN , , to TO the DT benefit NN of IN the DT person NN who WP was VBD his PP$ guardian NN , , unless IN the DT final JJ account NN of IN the DT guardianship NN has VHZ been VBN previously RB rendered VVN and CC audited VVN . SENT In IN the DT above JJ two CD cases NNS , , the DT ascendants NNS of IN minors NNS who WP are VBP or CC who WP were VBD their PP$ guardians NNS are VBP excepted VVN . SENT Art NN . SENT 908 CD and CC 908 CD 1 CD repealed VVN Art NN . SENT 908 CD 2 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD In IN inter VV vivos NNS and CC testamentary JJ dispositions NNS , , the DT phrases NNS sons NNS and CC grandsons NNS , , children NNS and CC grandchildren NNS , , without IN other JJ addition NN or CC designation NN , , refer VVP to TO illegitimate JJ descent NN as IN well RB as RB legitimate JJ , , unless IN the DT contrary JJ results NNS from IN the DT instrument NN or CC from IN circumstances NNS . SENT Art NN . SENT 909 CD Doctors NNS in IN medicine NN or CC surgery NN , , health NN officers NNS and CC pharmacists NNS who WP have VHP treated VVN a DT person NN during IN the DT disease NN of IN which WDT he PP dies VVZ , , may MD not RB benefit VV from IN the DT inter VV vivos NNS or CC testamentary JJ dispositions NNS which WDT he PP made VVD in IN their PP$ favour NN during IN the DT course NN of IN that DT illness NN . SENT Are VBP excepted VVN . SENT 1 CD Specific JJ remunerative JJ dispositions NNS , , with IN regard NN to TO the DT means NN of IN the DT disposing VVG party NN and CC to TO the DT services NNS rendered VVD . SENT 2 CD Universal NP dispositions NNS , , in IN the DT case NN of IN relationship NN up RP to TO the DT fourth JJ degree NN inclusive JJ , , provided VVD however RB the DT deceased JJ has VHZ no DT heir NN in IN the DT direct JJ line NN . SENT unless IN the DT person NN in IN whose WP$ favour NN the DT disposition NN was VBD made VVN is VBZ himself PP one NN of IN those DT heirs NNS . SENT The DT same JJ rules NNS shall MD apply VV to TO ministers NNS of IN worship NN . SENT Art NN . SENT 910 CD Dispositions NNS inter VV vivos NNS or CC by IN will NN to TO the DT benefit NN of IN almshouses NNS , , of IN the DT poor JJ of IN a DT commune NN or CC of IN public JJ utility NN institutions NNS may MD only RB take VV effect NN as IN they PP are VBP authorized VVN by IN decree NN . SENT Art NN . SENT 911 CD Any DT disposition NN in IN favour NN of IN a DT person NN under IN a DT disability NN is VBZ void JJ , , whether IN it PP is VBZ disguised VVN under IN the DT form NN of IN a DT contract NN for IN value NN , , or CC is VBZ made VVN under IN the DT names NNS of IN intermediaries NNS . SENT Are VBP deemed VVN intermediaries NNS the DT father NN and CC mother NN , , the DT children NNS and CC descendants NNS , , and CC the DT spouse NN of IN the DT person NN under IN a DT disability NN . SENT Art NN . SENT 912 CD repealed VVN CHAPTER NN III NP OF IN THE DT DISPOSABLE JJ PORTION NN OF IN PROPERTY NN AND CC OF IN ABATEMENT NN Section NN I NN Of IN the DT Disposable JJ Portion NN of IN Property NP Art NP . SENT 913 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD Gratuitous JJ transfers NNS , , either CC by IN inter VV vivos NNS acts NNS or CC by IN wills NNS , , may MD not RB exceed VV half NN of IN the DT property NN of IN a DT disposing VVG person NN , , where WRB he PP leaves VVZ only RB one CD child NN at IN his PP$ death NN . SENT one CD third JJ , , where WRB he PP leaves VVZ two CD children NNS . SENT one CD fourth JJ , , where WRB he PP leaves VVZ three CD or CC a DT greater JJR number NN . SENT without IN there RB being VBG occasion NN to TO discriminate JJ between IN legitimate JJ and CC illegitimate JJ children NNS repealed VVN . SENT Art NN . SENT 913 CD 1 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD Are NP included VVD in IN Article NP 913 CD , , under IN the DT name NN of IN children NNS , , descendants NNS in IN whatever WDT degree NN , , although IN they PP must MD be VB counted VVN only RB for IN the DT child NN whose WP$ place NN they PP take VVP in IN the DT succession NN of IN the DT disposing VVG party NN . SENT Art NN . SENT 914 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD Gratuitous JJ transfers NNS , , either CC by IN inter VV vivos NNS acts NNS or CC by IN wills NNS , , may MD not RB exceed VV half NN of IN the DT property NN where WRB , , failing VVG children NNS , , a DT deceased JJ leaves NNS one NN or CC several JJ ascendants NNS in IN each DT of IN the DT lines NNS , , paternal JJ and CC maternal JJ , , and CC three CD fourths NNS where WRB he PP leaves VVZ ascendants NNS only RB in IN one CD line NN . SENT The DT property NN thus RB reserved VVN for IN the DT benefit NN of IN ascendants NNS is VBZ received VVN by IN them PP in IN the DT order NN that IN the DT law NN calls VVZ them PP to TO succeed VV . SENT they PP alone RB are VBP entitled VVN to TO that DT reserve NN in IN all DT cases NNS where WRB a DT partition NN concurrently RB with IN collaterals NNS would MD not RB give VV them PP the DT portion NN of IN property NN assigned VVN to TO it PP . SENT Art NN . SENT 914 CD 1 CD Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD Gratuitous JJ transfers NNS , , either CC by IN inter VV vivos NNS acts NNS or CC by IN wills NNS , , may MD not RB exceed VV three CD fourths NNS of IN the DT property NN where WRB , , failing VVG descendants NNS and CC ascendants NNS , , a DT deceased JJ leaves VVZ a DT surviving VVG spouse NN , , not RB divorced VVN , , against IN whom WP does VVZ not RB exist VV an DT order NN of IN judicial JJ separation NN become VVN res NN judicata NNS and CC who WP is VBZ not RB a DT party NN to TO divorce NN or CC judicial JJ separation NN proceedings NNS . SENT Art NN . SENT 915 CD to TO 915 CD 2 CD repealed VVN Art NN . SENT 916 CD Failing NP descendants NNS , , ascendants NNS or CC a DT surviving VVG spouse NN , , not RB divorced VVN , , against IN whom WP an DT order NN of IN judicial JJ separation NN become VVN res NN judicata NN does VVZ not RB exist VV and CC who WP is VBZ not RB a DT party NN to TO divorce NN or CC judicial JJ separation NN proceedings NNS Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD , , gratuitous JJ transfers NNS by IN inter VV vivos NNS acts NNS or CC by IN wills NNS may MD exhaust VV the DT whole JJ property NN . SENT Art NN . SENT 917 CD Where WRB a DT disposition NN by IN inter VV vivos NNS act VV or CC by IN will NN is VBZ of IN a DT usufruct NN or CC of IN an DT annuity NN whose WP$ value NN exceeds VVZ the DT disposable JJ portion NN , , the DT heirs NNS for IN whose WP$ benefit NN the DT law NN establishes VVZ a DT reserve NN have VH the DT option NN , , either CC to TO perform VV that DT disposition NN or CC to TO waive VV ownership NN of IN the DT disposable JJ portion NN . SENT Art NN . SENT 918 CD The DT value NN in IN full JJ ownership NN of IN property NN transferred VVN , , either CC on IN condition NN of IN paying VVG a DT life NN annuity NN , , or CC non JJ returnable JJ , , or CC with IN reservation NN of IN a DT usufruct NN , , to TO one CD of IN the DT persons NNS entitled VVN to TO inherit VV in IN the DT direct JJ line NN , , shall MD be VB appropriated VVN to TO the DT disposable JJ portion NN . SENT and CC the DT excess NN , , if IN any DT , , shall MD be VB collated VVN to TO the DT mass NN . SENT That DT appropriation NN and CC that DT collation NN may MD not RB be VB requested VVN by IN those DT of IN the DT other JJ persons NNS entitled VVN to TO inherit VV in IN the DT direct JJ line NN who WP may MD have VH consented VVN to TO those DT transfers NNS , , and CC , , in IN no DT case NN , , by IN persons NNS entitled VVN to TO inherit VV in IN the DT collateral NN line NN . SENT Art NN . SENT 919 CD Act NP of IN 24 CD March NP 1898 CD The DT disposable JJ portion NN may MD be VB donated VVN in IN whole JJ or CC in IN part NN , , either CC by IN act NN inter VV vivos NNS or CC by IN will NN , , to TO the DT children NNS or CC other JJ persons NNS entitled VVN to TO inherit VV from IN the DT donor NN , , without IN being VBG subject JJ to TO collation NN by IN the DT donee NN or CC legatee NN coming VVG to TO the DT succession NN , , provided VVN that IN , , as RB regards VVZ gifts NNS , , the DT disposition NN was VBD made VVN expressly RB over IN and CC above IN the DT share NN . SENT A DT declaration NN that IN a DT gift NN is VBZ over IN and CC above IN the DT share NN may MD be VB made VVN , , either CC in IN the DT instrument NN containing VVG the DT disposition NN , , or CC after IN , , in IN the DT form NN of IN inter VV vivos NNS or CC testamentary JJ dispositions NNS . SENT Section NP II NP Of IN the DT Abatement NN of IN Gifts NNS and CC Legacies NNS Art NN . SENT 920 CD Dispositions NNS either CC inter VV vivos NNS or CC mortis NN causa NP , , which WDT exceed VVP the DT disposable JJ portion NN shall MD be VB abated VVN to TO that DT portion NN at IN the DT time NN of IN the DT opening NN of IN the DT succession NN . SENT Art NN . SENT 921 CD Abatement NN of IN dispositions NNS inter VV vivos NNS may MD be VB requested VVN only RB by IN those DT for IN whose WP$ benefit NN the DT law NN makes VVZ a DT reserve NN , , by IN their PP$ heirs NNS or CC assigns VVZ . SENT donees NNS , , legatees NNS or CC creditors NNS of IN a DT deceased JJ may MD not RB request VV that DT abatement NN or CC benefit VV by IN it PP . SENT Art NN . SENT 922 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Abatement NN is VBZ determined VVN by IN forming VVG a DT mass NN of IN all PDT the DT property NN existing VVG at IN the DT death NN of IN the DT donor NN or CC testator NN . SENT One PP shall MD add VV fictitiously RB to TO it PP , , after IN deducting VVG the DT debts NNS , , that WDT of IN which WDT he PP has VHZ disposed VVN by IN gift NN inter VV vivos NNS according VVG to TO its PP$ condition NN at IN the DT time NN of IN the DT gift NN and CC its PP$ value NN at IN the DT opening NN of IN the DT succession NN . SENT Where WRB property NN has VHZ been VBN transferred VVN , , account NN shall MD be VB taken VVN of IN its PP$ value NN at IN the DT time NN of IN transfer NN and CC , , if IN there EX was VBD substitution NN , , of IN the DT value NN of IN the DT new JJ property NN on IN the DT day NN of IN the DT opening NN of IN the DT succession NN . SENT One PP shall MD calculate VV on IN all PDT that DT property NN , , having VHG regard NN to TO the DT kind NN of IN heirs NNS whom WP he PP leaves VVZ , , the DT portion NN which WDT the DT deceased JJ may MD have VH disposed VVN of IN . SENT Art NN . SENT 923 CD There RB shall MD never RB be VB occasion NN to TO abate VV gifts NNS inter VV vivos NNS , , until IN the DT value NN of IN all PDT the DT property NN included VVD in IN the DT testamentary JJ dispositions NNS has VHZ been VBN exhausted VVN . SENT and CC where WRB there EX is VBZ occasion NN for IN that DT abatement NN it PP shall MD be VB done VVN beginning VVG with IN the DT last JJ gift NN and CC so RB on IN , , going VVG back RB from IN the DT last JJ to TO the DT oldest JJS . SENT Art NN . SENT 924 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD A DT compulsory JJ heir NN favoured VVN over IN and CC above IN his PP$ share NN beyond IN the DT disposable JJ portion NN and CC who WP accepts VVZ the DT succession NN bears VVZ the DT abatement NN in IN value NN as RB is VBZ laid VVN down RP in IN Article NP 866 CD . SENT up RB to TO his PP$ rights NNS in IN the DT reserve NN , , abatement NN shall MD be VB made VVN by IN taking VVG less JJR . SENT He PP may MD claim VV all PDT the DT articles NNS bequeathed VVD where WRB the DT reducible JJ portion NN does VVZ not RB exceed VV his PP$ share NN in IN the DT reserve NN . SENT Art NN . SENT 925 CD Where WRB the DT value NN of IN the DT inter VV vivos NNS gifts NNS exceeds VVZ or CC equals VVZ the DT disposable JJ portion NN , , all PDT the DT testamentary JJ dispositions NNS lapse NN . SENT Art NN . SENT 926 CD Where WRB the DT testamentary JJ dispositions NNS exceed VVP , , either CC the DT disposable JJ portion NN , , or CC that DT part NN of IN the DT portion NN remaining VVG after IN deduction NN of IN the DT value NN of IN the DT inter VV vivos NNS gifts NNS , , abatement NN shall MD be VB made VVN pro JJ rata NN , , without IN any DT distinction NN between IN universal JJ legacies NNS and CC specific JJ legacies NNS . SENT Art NN . SENT 927 CD Nevertheless RB , , in IN all DT cases NNS where WRB the DT testator NN expressly RB declared VVD that IN he PP intends VVZ that IN a DT legacy NN be VB paid VVN in IN preference NN to TO others NNS , , that DT preference NN must MD take VV place NN . SENT and CC the DT legacy NN to TO which WDT it PP applies VVZ shall MD be VB abated VVN only RB where WRB the DT value NN of IN the DT others NNS does VVZ not RB complete VV the DT statutory JJ reserve NN . SENT Art NN . SENT 928 CD A NP donee NN shall MD return VV the DT fruits NNS of IN what WP exceeds VVZ the DT disposable JJ portion NN from IN the DT day NN of IN the DT death NN of IN the DT donor NN , , where WRB a DT claim NN for IN abatement NN was VBD brought VVN within IN the DT year NN . SENT otherwise RB , , from IN the DT day NN of IN the DT claim NN . SENT Art NN . SENT 929 CD Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Rights NNS in IN rem NP created VVD by IN a DT donee NN are VBP extinguished VVN by IN the DT effect NN of IN abatement NN . SENT Those DT rights NNS , , however RB , , maintain VV their PP$ effects NNS where WRB the DT donor NN consented VVD to TO them PP in IN the DT constitutive JJ instrument NN or CC in IN a DT subsequent JJ instrument NN . SENT The DT donee NN is VBZ responsible JJ for IN depreciation NN resulting VVG from IN it PP . SENT Art NN . SENT 930 CD An DT action NN for IN abatement NN or CC recovery NN may MD be VB brought VVN by IN the DT heirs NNS against IN third JJ parties NNS holding VVG immovables NNS which WDT were VBD part NN of IN gifts NNS and CC were VBD conveyed VVD by IN the DT donees NNS , , in IN the DT same JJ manner NN and CC in IN the DT same JJ order NN as IN against IN the DT donees NNS themselves PP , , and CC after IN attachment NN or CC seizure NN and CC sale NN of IN their PP$ property NN . SENT That DT action NN must MD be VB brought VVN following VVG the DT order NN of IN the DT dates NNS of IN the DT conveyances NNS , , beginning VVG by IN the DT most RBS recent JJ . SENT Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Where WRB a DT donor NN has VHZ consented VVN to TO the DT transfer NN with IN the DT accord NN of IN all DT compulsory JJ heirs NNS born VVN and CC alive JJ at IN the DT time NN of IN it PP , , an DT action NN may MD no RB longer RBR be VB brought VVN against IN a DT third JJ party NN holder NN . SENT CHAPTER NN IV NP OF IN INTER VV VIVOS NP GIFTS NNS Section NN I NN Of IN the DT Form NN of IN Inter NP Vivos NP Gifts NNS Art NN . SENT 931 CD All NP acts NNS containing VVG an DT inter VV vivos NNS gift NN shall MD be VB executed VVN before IN notaires NNS , , in IN the DT ordinary JJ form NN of IN contracts NNS . SENT and CC there EX shall MD remain VV the DT original JJ of IN them PP , , on IN pain NN of IN annulment NN . SENT Art NN . SENT 932 CD An NP inter VV vivos NNS gift NN is VBZ binding VVG upon IN the DT donor NN and CC produces VVZ effect NN only RB from IN the DT day NN when WRB it PP is VBZ accepted VVN in IN express JJ terms NNS . SENT Acceptance NP may MD be VB made VVN during IN the DT lifetime NN of IN the DT donor NN , , by IN a DT subsequent JJ and CC authentic JJ instrument NN of IN which WDT the DT original NN shall MD remain VV . SENT but CC then RB the DT gift NN has VHZ effect NN , , with IN regard NN to TO the DT donor NN , , only RB from IN the DT day NN when WRB he PP has VHZ been VBN given VVN notice NN of IN the DT instrument NN which WDT establishes VVZ that DT acceptance NN . SENT Art NN . SENT 933 CD Where WRB the DT donor NN is VBZ of IN full JJ age NN , , acceptance NN must MD be VB made VVN by IN him PP or CC in IN his PP$ name NN , , by IN a DT person NN having VHG a DT power NN of IN attorney NN , , containing VVG authority NN to TO accept VV the DT gift NN made VVD , , or CC a DT general JJ authority NN to TO accept VV all DT gifts NNS which WDT have VHP or CC may MD have VH been VBN made VVN . SENT That DT power NN of IN attorney NN must MD be VB executed VVN before IN notaires NNS . SENT and CC an DT office NN copy NN of IN it PP must MD be VB annexed VVN to TO the DT original NN of IN the DT gift NN , , or CC to TO the DT original NN of IN the DT acceptance NN , , if IN made VVN by IN a DT separate JJ instrument NN . SENT Art NN . SENT 934 CD repealed VVN Art NN . SENT 935 CD A NP gift NN made VVD to TO a DT non JJ emancipated VVN minor JJ or CC to TO an DT adult NN in IN guardianship NN must MD be VB accepted VVN by IN his PP$ guardian NN , , in IN accordance NN with IN Article NP 463 CD , , in IN the DT Title NP Of IN Minority NP , , of IN Guardianship NN and CC of IN Emancipation NN . SENT repealed VVN Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD Nevertheless RB , , the DT father NN and CC mother NN of IN a DT non JJ emancipated VVN minor JJ , , or CC the DT other JJ ascendants NNS , , even RB during IN the DT lifetime NN of IN the DT father NN and CC mother NN , , although IN they PP are VBP not RB guardians NNS of IN the DT minor JJ , , may MD accept VV on IN his PP$ behalf NN . SENT Art NN . SENT 936 CD A NP deaf JJ and CC dumb JJ person NN who WP knows VVZ how WRB to TO write VV may MD accept VV by IN himself PP or CC through IN an DT agent NN . SENT Where WRB he PP cannot VV write VV , , acceptance NN must MD be VB made VVN by IN a DT curator NN appointed VVN for IN that DT purpose NN , , according VVG to TO the DT rules NNS laid VVN down RP in IN the DT Title NP Of IN Minority NP , , of IN Guardianship NN and CC of IN Emancipation NN . SENT Art NN . SENT 937 CD Gifts NNS made VVN to TO the DT benefit NN of IN almshouses NNS , , of IN the DT poor JJ of IN a DT commune NN or CC of IN public JJ utility NN institutions NNS must MD be VB accepted VVN by IN the DT administrators NNS of IN those DT communes NNS or CC institutions NNS , , after IN they PP have VHP been VBN duly RB authorized VVN . SENT Art NN . SENT 938 CD A NP gift NN duly RB accepted VVN is VBZ complete JJ by IN the DT sole JJ consent NN of IN the DT parties NNS . SENT and CC ownership NN of IN the DT articles NNS donated VVN is VBZ transferred VVN to TO the DT donee NN without IN need NN of IN any DT other JJ delivery NN . SENT Art NN . SENT 939 CD Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD Where WRB there EX is VBZ a DT gift NN of IN property NN capable JJ of IN being VBG mortgaged VVN , , registration NN of IN the DT instruments NNS containing VVG the DT gift NN and CC the DT acceptance NN , , as RB well RB as IN the DT notice NN of IN acceptance NN , , if IN it PP took VVD place NN by IN separate JJ instrument NN , , must MD be VB made VVN at IN the DT land NN registry NN in IN the DT arrondissement NN where WRB the DT property NN is VBZ situated VVN . SENT Art NN . SENT 940 CD repealed VVN Where WRB a DT gift NN is VBZ made VVN to TO minors NNS , , to TO adults NNS in IN guardianship NN , , or CC to TO public JJ institutions NNS , , registration NN shall MD be VB made VVN at IN the DT suit NN of IN guardians NNS , , curators NNS or CC administrators NNS . SENT Art NN . SENT 941 CD Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD Failure NN to TO have VH the DT registration NN made VVN may MD be VB set VVN up RP by IN all DT interested JJ persons NNS , , except IN , , however RB , , those DT who WP are VBP responsible JJ for IN having VHG the DT registration NN made VVD , , or CC their PP$ assigns NNS , , and CC the DT donor NN . SENT Art NN . SENT 942 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Minors NP and CC adults NNS in IN guardianship NN shall MD not RB be VB reinstated VVN in IN case NN of IN failure NN to TO accept VV or CC register VV the DT gifts NNS . SENT subject JJ to TO their PP$ remedy NN against IN their PP$ guardians NNS , , if IN there EX is VBZ occasion NN , , and CC without IN reinstatement NN taking VVG place NN , , even RB where WRB the DT guardians NNS are VBP insolvent JJ . SENT Art NN . SENT 943 CD An NP inter VV vivos NNS gift NN may MD only RB include VV the DT existing JJ property NN of IN the DT donor NN . SENT where WRB it PP includes VVZ property NN to TO come VV , , it PP is VBZ void JJ in IN this DT regard NN . SENT Art NN . SENT 944 RB Any DT inter VV vivos NNS gift NN made VVD subject JJ to TO conditions NNS whose WP$ performance NN depends VVZ on IN the DT sole JJ intention NN of IN the DT donor NN , , is VBZ void JJ . SENT Art NN . SENT 945 CD It PP is VBZ likewise RB void JJ where WRB it PP was VBD made VVN under IN the DT condition NN of IN paying VVG debts NNS or CC liability NN other JJ than IN those DT which WDT existed VVD at IN the DT time NN of IN the DT gift NN , , or CC which WDT are VBP expressed VVN either RB in IN the DT instrument NN of IN gift NN , , or CC in IN a DT statement NN which WDT should MD be VB annexed VVN thereto RB . SENT Art NN . SENT 946 CD In IN the DT case NN where WRB the DT donor NN has VHZ reserved VVN to TO himself PP the DT freedom NN to TO dispose VV of IN an DT article NN included VVD in IN the DT gift NN , , or CC of IN a DT fixed VVN sum NN out RP of IN the DT property NN donated VVD , , if IN he PP dies VVZ without IN having VHG disposed VVN of IN them PP , , the DT said VVD article NN or CC sum NN shall MD belong VV to TO the DT donor's JJ heirs NNS , , notwithstanding IN all DT clauses NNS and CC stipulations NNS to TO the DT contrary NN . SENT Art NN . SENT 947 RB The DT four CD preceding JJ Articles NNS shall MD not RB apply VV to TO the DT gifts NNS mentioned VVN in IN Chapters NNS VIII NP and CC IX NP of IN this DT Title NN . SENT Art NN . SENT 948 CD Any DT act NN of IN gift NN of IN movable JJ effects NNS is VBZ valid JJ only RB as RB to TO the DT effects NNS of IN which WDT a DT statement NN of IN appraisal NN , , signed VVN by IN the DT donor NN and CC the DT donee NN , , or CC by IN those DT who WP accept VVP for IN the DT latter NN , , is VBZ annexed VVN to TO the DT original NN of IN the DT gift NN . SENT Art NN . SENT 949 CD A NP donor NN is VBZ allowed VVN to TO reserve VV for IN his PP$ benefit NN or CC to TO dispose VV for IN the DT benefit NN of IN another DT , , of IN the DT enjoyment NN or CC the DT usufruct NN of IN the DT movable JJ or CC immovable JJ property NN donated VVD . SENT Art NN . SENT 950 CD Where WRB a DT gift NN of IN movable JJ effects NNS is VBZ made VVN with IN reservation NN of IN usufruct NN , , the DT donee NN is VBZ obliged VVN , , at IN the DT expiry NN of IN the DT usufruct NN , , to TO take VV the DT effects NNS donated VVD which WDT are VBP in IN kind NN , , in IN the DT condition NN in IN which WDT they PP are VBP . SENT and CC he PP has VHZ an DT action NN against IN the DT donor NN or CC his PP$ heirs NNS on IN account NN of IN the DT articles NNS which WDT do VVP not RB exist VV , , up RB to TO the DT amount NN of IN the DT value NN which WDT was VBD given VVN to TO them PP in IN the DT statement NN of IN appraisal NN . SENT Art NN . SENT 951 CD A NP donor NN may MD stipulate VV a DT right NN of IN reversion NN of IN the DT items NNS donated VVN , , either CC for IN the DT case NN of IN the DT predecease NN of IN the DT donee NN alone RB , , or CC for IN the DT case NN of IN the DT predecease NN of IN the DT donee NN and CC of IN his PP$ descendants NNS . SENT That DT right NN may MD be VB stipulated VVD only RB for IN the DT benefit NN of IN the DT donor NN alone RB . SENT Art NN . SENT 952 CD The DT effect NN of IN the DT right NN of IN reversion NN is VBZ to TO rescind VV all DT conveyances NNS of IN the DT immovable JJ property NN donated VVN , , and CC to TO make VV the DT property NN revert NN to TO the DT donor NN , , free JJ and CC unencumbered JJ by IN any DT liabilities NNS and CC mortgages NNS , , except IN , , however RB , , the DT mortgage NN of IN dowry NN and CC of IN ante NN nuptial JJ agreements NNS , , where WRB the DT other JJ property NN of IN the DT donor NN spouse NN is VBZ not RB sufficient JJ and CC only RB in IN the DT case NN where WRB the DT gift NN was VBD made VVN by IN the DT same JJ ante NN nuptial JJ agreement NN from IN which WDT those DT rights NNS and CC mortgages NNS result NN . SENT Section NP II NP Of IN Exceptions NNS to TO the DT Rule NN of IN Irrevocability NN of IN Inter NP Vivos NP Gifts NNS Art NN . SENT 953 CD An NP inter VV vivos NNS gift NN may MD be VB revoked VVN only RB for IN non JJ performance NN of IN the DT conditions NNS under IN which WDT it PP was VBD made VVN , , on IN account NN of IN ingratitude NN , , and CC on IN account NN of IN unforeseen JJ birth NN of IN children NNS . SENT Art NN . SENT 954 CD In IN the DT case NN of IN revocation NN for IN non JJ performance NN of IN the DT conditions NNS , , the DT property NN shall MD revert VV to TO the DT hands NNS of IN the DT donor NN free JJ of IN all DT charges NNS and CC mortgages NNS granted VVN by IN the DT donee NN . SENT and CC the DT donor NN shall MD have VH the DT same JJ rights NNS against IN third JJ parties NNS holding VVG the DT immovables NNS donated VVN as IN he PP would MD have VH against IN the DT donee NN himself PP . SENT Art NN . SENT 955 CD An NP inter VV vivos NNS gift NN may MD be VB revoked VVN on IN account NN of IN ingratitude NN only RB in IN the DT following VVG cases NNS . SENT 1 CD Where WRB the DT donee NN has VHZ made VVN an DT attempt NN against IN the DT life NN of IN the DT donor NN . SENT 2 CD Where WRB he PP has VHZ been VBN guilty JJ of IN cruelty NN , , serious JJ offences NNS or CC grievous JJ insults NNS against IN him PP . SENT 3 CD Where WRB he PP refuses VVZ maintenance NN to TO him PP . SENT Art NN . SENT 956 CD Revocation NN on IN account NN of IN non JJ performance NN of IN conditions NNS or CC of IN ingratitude NN may MD never RB take VV place NN by IN operation NN of IN law NN . SENT Art NN . SENT 957 CD A DT claim NN for IN revocation NN on IN account NN of IN ingratitude NN must MD be VB brought VVN within IN the DT year NN , , from IN the DT day NN of IN the DT offence NN with IN which WDT the DT donee NN is VBZ charged VVN by IN the DT donor NN , , or CC from IN the DT day NN when WRB the DT offence NN could MD have VH been VBN known VVN by IN the DT donor NN . SENT That DT revocation NN may MD not RB be VB applied VVN for IN by IN the DT donor NN against IN the DT heirs NNS of IN the DT donee NN , , or CC by IN the DT heirs NNS of IN the DT donor NN against IN the DT donee NN , , unless IN , , in IN the DT latter JJ case NN , , the DT action NN has VHZ been VBN initiated VVN by IN the DT donor NN , , or CC he PP has VHZ died VVN within IN a DT year NN after IN the DT offence NN . SENT Art NN . SENT 958 CD Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD A DT revocation NN on IN account NN of IN ingratitude NN may MD not RB prejudice NN transfers NNS made VVN by IN a DT donee NN , , or CC mortgages NNS and CC other JJ real JJ encumbrances NNS with IN which WDT he PP may MD have VH burdened VVN the DT subject JJ matter NN of IN the DT gift NN , , provided VVD they PP all DT are VBP previous JJ to TO the DT registration NN of IN the DT claim NN for IN revocation NN at IN the DT land NN registry NN of IN the DT place NN of IN the DT property NN . SENT In IN case NN of IN revocation NN , , the DT donee NN shall MD be VB ordered VVN to TO return VV the DT value NN of IN the DT articles NNS transferred VVD , , with IN regard NN to TO the DT time NN of IN the DT claim NN , , and CC the DT fruits NNS , , from IN the DT day NN of IN that DT claim NN . SENT Art NN . SENT 959 CD Gifts NNS in IN favour NN of IN marriage NN may MD not RB be VB revoked VVN on IN account NN of IN ingratitude NN . SENT Art NN . SENT 960 CD All NP inter VV vivos NNS gifts NNS made VVN by IN persons NNS who WP had VHD no DT children NNS or CC descendants NNS presently RB living VVG at IN the DT time NN of IN the DT gift NN , , of IN whatever WDT value NN they PP may MD be VB , , and CC for IN whatever WDT reason NN they PP may MD have VH been VBN made VVN , , and CC although IN they PP were VBD reciprocal JJ or CC remunerative JJ , , even RB those DT made VVN in IN favour NN of IN marriage NN by IN persons NNS other JJ than IN the DT ascendants NNS to TO the DT spouses NNS , , or CC by IN the DT spouses NNS to TO each DT other JJ , , are VBP revoked VVN by IN operation NN of IN law NN by IN the DT unforeseen JJ birth NN of IN a DT legitimate JJ child NN of IN the DT donor NN , , even RB posthumous JJ , , or CC by IN legitimation NN by IN subsequent JJ marriage NN of IN an DT illegitimate JJ child NN , , where WRB he PP was VBD born VVN after IN the DT gift NN . SENT Art NN . SENT 961 CD That IN revocation NN shall MD take VV place NN , , although IN the DT child NN of IN the DT donor NN was VBD conceived VVN at IN the DT time NN of IN the DT gift NN . SENT Art NN . SENT 962 CD A NP gift NN is VBZ likewise RB revoked VVN even RB if IN the DT donee NN has VHZ taken VVN possession NN of IN the DT property NN donated VVD and CC the DT latter NN has VHZ been VBN left VVN with IN him PP by IN the DT donor NN after IN the DT birth NN of IN the DT child NN . SENT without IN , , however RB , , the DT donee NN being VBG obliged VVN to TO return VV the DT fruits NNS collected VVN by IN him PP , , of IN whatever WDT nature NN they PP may MD be VB , , before IN the DT day NN when WRB notice NN of IN the DT birth NN of IN the DT child NN or CC of IN his PP$ legitimation NN by IN subsequent JJ marriage NN was VBD served VVN on IN him PP by IN process NN or CC other JJ instrument NN in IN due JJ form NN . SENT and CC even RB where WRB the DT claim NN for IN recovering VVG the DT property NN donated VVN was VBD brought VVN only RB after IN that DT notice NN . SENT Art NN . SENT 963 CD Property NN included VVN in IN a DT gift NN revoked VVN by IN operation NN of IN law NN , , shall MD revert VV to TO the DT patrimony NN of IN the DT donor NN free JJ from IN all DT encumbrances NNS and CC mortgages NNS granted VVN by IN the DT donee NN , , without IN there RB being VBG appropriated VVN , , even RB subsidiarily RB , , to TO the DT restitution NN of IN the DT dowry NN of IN the DT wife NN of IN that DT donee NN , , to TO her PP$ recoveries NNS or CC other JJ ante NN nuptial JJ agreements NNS . SENT and CC that WDT shall MD take VV place NN even RB though IN the DT gift NN was VBD made VVN in IN favour NN of IN the DT marriage NN of IN the DT donee NN and CC included VVD in IN the DT agreement NN , , and CC the DT donor NN has VHZ bound VVN himself PP as IN surety NN , , through IN the DT gift NN , , for IN the DT performance NN of IN the DT ante NN nuptial JJ agreement NN . SENT Art NN . SENT 964 CD Gifts NNS revoked VVN in IN this DT way NN may MD not RB be VB revived VVN or CC resume VV their PP$ effect NN , , either CC by IN the DT death NN of IN the DT donor's JJ child NN , , or CC by IN any DT confirmatory JJ instrument NN . SENT and CC where WRB the DT donor NN wishes VVZ to TO donate VV the DT same JJ property NN to TO the DT same JJ donee NN , , either CC before IN or CC after IN the DT death NN of IN the DT child NN through IN whose WP$ birth NN the DT gift NN was VBD revoked VVN , , he PP may MD do VV so RB only RB by IN a DT new JJ disposition NN . SENT Art NN . SENT 965 CD Any DT clause NN or CC agreement NN by IN which WDT a DT donor NN renounces VVZ the DT revocation NN of IN a DT gift NN on IN account NN of IN unforeseen JJ birth NN of IN a DT child NN , , shall MD be VB considered VVN as IN void NN and CC may MD not RB produce VV any DT effect NN . SENT Art NN . SENT 966 CD A NP donee NN , , his PP$ heirs NNS or CC assigns VVZ , , or CC others NNS detaining VVG things NNS donated VVN , , may MD set VV up RP prescription NN to TO assert VV a DT gift NN revoked VVN by IN the DT unforeseen JJ birth NN of IN a DT child NN only RB after IN a DT possession NN of IN thirty CD years NNS , , which WDT may MD start VV running VVG only RB from IN the DT day NN of IN the DT birth NN of IN the DT latest JJS child NN of IN the DT donor NN , , even RB posthumous JJ . SENT and CC without IN prejudice NN to TO interruptions NNS , , as RB provided VVN by IN law NN . SENT CHAPTER NN V NN OF IN TESTAMENTARY JJ DISPOSITIONS NNS Section NN I NN Of IN General NP Rules NPS on IN the DT Form NN of IN Wills NP Art NP . SENT 967 CD Any DT person NN may MD dispose VV by IN will NN , , either CC under IN the DT name NN of IN appointment NN of IN an DT heir NN , , or CC under IN the DT name NN of IN legacy NN , , or CC under IN any DT other JJ denomination NN suitable JJ for IN expressing VVG his PP$ wish NN . SENT Art NN . SENT 968 CD A NP will NN may MD not RB be VB made VVN in IN the DT same JJ instrument NN by IN two CD or CC several JJ persons NNS , , either CC for IN the DT benefit NN of IN a DT third JJ person NN , , or CC as IN a DT mutual JJ and CC reciprocal JJ disposition NN . SENT Art NN . SENT 969 CD A NP will NN may MD be VB holographic JJ , , or CC made VVD by IN a DT public JJ instrument NN , , or CC in IN the DT secret JJ form NN . SENT Art NN . SENT 970 RB An DT holographic JJ will NN is VBZ not RB valid JJ unless IN it PP is VBZ entirely RB written VVN , , dated VVN and CC signed VVN by IN the DT hand NN of IN the DT testator NN . SENT it PP is VBZ not RB subject JJ to TO any DT other JJ form NN . SENT Art NN . SENT 971 CD Act NP n NN 50 CD 1513 CD of IN 8 CD Dec NP . SENT 1950 CD A DT will NN by IN public JJ instrument NN shall MD be VB received VVN by IN two CD notaires NNS or CC by IN one CD notaire NN attended VVD by IN two CD witnesses NNS . SENT Art NN . SENT 972 CD Act NP n NN 50 CD 1513 CD of IN 8 CD Dec NP . SENT 1950 CD Where WRB a DT will NN is VBZ received VVN by IN two CD notaires NNS , , it PP shall MD be VB dictated VVN to TO them PP by IN the DT testator NN . SENT one CD of IN those DT notaires NNS shall MD write VV it PP himself PP or CC shall MD have VH it PP written VVN by IN hand NN or CC mechanically RB . SENT Where WRB there EX is VBZ only RB one CD notaire NN , , it PP must MD also RB be VB dictated VVN by IN the DT testator NN . SENT the DT notaire NN shall MD write VV it PP himself PP or CC shall MD have VH it PP written VVN by IN hand NN or CC mechanically RB . SENT In IN either DT case NN , , it PP must MD be VB read VVN over RP to TO the DT testator NN . SENT All DT of IN which WDT shall MD be VB expressly RB mentioned VVN . SENT Art NN . SENT 973 CD Act NP n NN 50 CD 1513 CD of IN 8 CD Dec NP . SENT 1950 CD That IN will NN must MD be VB signed VVN by IN the DT testator NN in IN the DT presence NN of IN the DT witnesses NNS and CC of IN the DT notaire NN . SENT where WRB the DT testator NN declares VVZ that IN he PP does VVZ not RB know VV how WRB to TO sign VV or CC is VBZ unable JJ to TO do VV so RB , , his PP$ declaration NN shall MD be VB expressly RB mentioned VVN in IN the DT instrument NN , , as RB well RB as IN the DT cause NN which WDT prevents VVZ him PP from IN signing NN . SENT Art NN . SENT 974 CD Act NP n NN 50 CD 1513 CD of IN 8 CD Dec NP . SENT 1950 CD The DT will NN must MD be VB signed VVN by IN the DT witnesses NNS and CC by IN the DT notaire NN . SENT Art NN . SENT 975 CD Legatees NNS , , in IN whatever WDT class NN they PP may MD be VB , , their PP$ relatives NNS by IN blood NN or CC marriage NN up RB to TO the DT fourth JJ degree NN inclusive JJ , , or CC clerks NNS of IN the DT notaires NNS by IN whom WP the DT instruments NNS are VBP received VVN , , may MD not RB be VB taken VVN as IN witnesses NNS of IN a DT will NN by IN public JJ instrument NN . SENT Art NN . SENT 976 CD Act NP n NN 50 CD 1513 CD of IN 8 CD Dec NP . SENT 1950 CD Where WRB a DT testator NN wishes VVZ to TO make VV a DT secret JJ will NN , , the DT paper NN which WDT contains VVZ the DT dispositions NNS or CC the DT paper NN used VVN as IN an DT envelope NN , , if IN there EX is VBZ one CD , , shall MD be VB closed VVN , , stamped VVN and CC sealed VVN up RP . SENT The DT testator NN shall MD present VV it PP thus RB closed VVD , , stamped VVN and CC sealed VVN up RP to TO the DT notaire NN and CC to TO two CD witnesses NNS , , or CC he PP will MD have VH it PP closed VVN , , stamped VVN and CC sealed VVN up RP in IN their PP$ presence NN and CC he PP shall MD declare VV that IN the DT contents NNS of IN that DT paper NN is VBZ his PP$ will NN , , signed VVD by IN him PP , , and CC written VVN by IN him PP or CC by IN another DT , , while IN affirming VVG in IN that DT latter JJ case NN , , that WDT he PP has VHZ personally RB verified VVN its PP$ contents NNS . SENT he PP shall MD indicate VV , , in IN all DT cases NNS , , the DT mode NN of IN writing VVG used VVN by IN hand NN or CC mechanical JJ . SENT The DT notary NN shall MD draw VV up RP , , in IN original JJ not RB recorded VVN , , an DT instrument NN of IN superscription NN which WDT he PP shall MD write VV or CC have VHP written VVN by IN hand NN or CC mechanically RB on IN that DT paper NN , , or CC on IN the DT sheet NN used VVN as IN an DT envelop VV and CC bearing VVG the DT date NN and CC indication NN of IN the DT place NN where WRB it PP was VBD done VVN , , a DT description NN of IN the DT cover NN and CC of IN the DT print NN of IN the DT seal NN , , and CC mention VV of IN all PDT the DT above RB mentioned VVN formalities NNS . SENT that DT instrument NN shall MD be VB signed VVN by IN the DT testator NN as IN well RB as RB by IN the DT notaire NN and CC the DT witnesses NNS . SENT All DT that WDT is VBZ mentioned VVN above RB shall MD be VB done VVN without IN interruption NN and CC without IN attending VVG to TO other JJ instruments NNS . SENT In IN case NN the DT testator NN cannot NN sign VV the DT instrument NN of IN superscription NN owing VVG to TO an DT impediment NN arisen VVN since IN the DT signature NN of IN the DT will NN , , mention NN shall MD be VB made VVN of IN the DT declaration NN which WDT he PP makes VVZ of IN it PP and CC of IN the DT reason NN he PP gives VVZ for IN it PP . SENT Art NN . SENT 977 CD Act NP n NN 50 CD 1513 CD of IN 8 CD Dec NP . SENT 1950 CD Where WRB the DT testator NN does VVZ not RB know VV how WRB to TO sign VV or CC was VBD unable JJ to TO do VV so RB when WRB he PP had VHD his PP$ dispositions NNS written VVN , , one PP shall MD proceed VV as IN laid VVN down RP in IN the DT preceding JJ Article NN . SENT in IN addition NN , , there EX shall MD be VB mentioned VVN on IN the DT instrument NN of IN superscription NN that IN the DT testator NN declared VVD that IN he PP did VVD not RB know VV how WRB to TO sign VV or CC was VBD unable JJ to TO do VV so RB when WRB he PP had VHD his PP$ dispositions NNS written VVN . SENT Art NN . SENT 978 RB Those DT who WP do VVP not RB know VV how WRB or CC are VBP unable JJ to TO read VV , , may MD not RB make VV dispositions NNS in IN the DT form NN of IN a DT secret JJ will NN . SENT Art NN . SENT 979 CD Act NP n NN 50 CD 1513 CD of IN 8 CD Dec NP . SENT 1950 CD In IN case NN the DT testator NN is VBZ unable JJ to TO speak VV , , but CC can MD write VV , , he PP may MD make VV a DT secret JJ will NN , , subject JJ to TO the DT express JJ condition NN that IN the DT will MD be VB signed VVN by IN him PP and CC written VVN by IN him PP or CC another DT , , that IN he PP present VVP it PP to TO the DT notaire NN and CC to TO the DT witnesses NNS and CC that IN he PP write VVP at IN the DT top NN of IN the DT instrument NN of IN superscription NN , , in IN their PP$ presence NN , , that IN the DT paper NN he PP presents VVZ is VBZ his PP$ will NN and CC sign NN . SENT Mention NN shall MD be VB made VVN in IN the DT instrument NN of IN superscription NN that IN the DT testator NN has VHZ written VVN and CC signed VVN those DT words NNS in IN the DT presence NN of IN the DT notaire NN and CC of IN the DT witnesses NNS and CC , , furthermore RB , , all DT which WDT is VBZ prescribed VVN by IN Article NP 976 CD and CC is VBZ not RB inconsistent JJ with IN this DT Article NN shall MD be VB complied VVN with IN . SENT In IN all DT cases NNS provided VVN for IN in IN this DT Article NP and CC in IN the DT preceding JJ Articles NNS , , a DT secret JJ will NN in IN which WDT the DT statutory JJ formalities NNS were VBD not RB complied VVN with IN and CC which WDT is VBZ void JJ as IN such JJ , , is VBZ valid JJ however RB as IN a DT holographic JJ will NN , , where WRB all PDT the DT requisites NNS for IN its PP$ validity NN as IN holographic JJ will NN are VBP fulfilled VVN , , even RB if IN it PP was VBD named VVN a DT secret JJ will NN . SENT Art NN . SENT 980 CD Act NP n NN 50 CD 1513 CD of IN 8 CD Dec NP . SENT 1950 CD Witnesses NNS called VVN to TO take VV part NN in IN wills NNS must MD be VB French JJ and CC of IN full JJ age NN , , know VVP how WRB to TO sign VV and CC have VHP the DT enjoyment NN of IN their PP$ civil JJ rights NNS . SENT They PP may MD be VB of IN either DT sex NN but CC a DT husband NN and CC his PP$ wife NN may MD not RB be VB witnesses NNS to TO the DT same JJ instrument NN . SENT Section NP II NP Of IN Particular JJ Rules NNS on IN the DT Form NN of IN Certain NP Wills NPS Art NP . SENT 981 CD Act NP of IN 17 CD May NP 1900 CD Wills NP of IN soldiers NNS , , of IN sailors NNS of IN the DT State NP and CC of IN persons NNS employed VVN with IN the DT armies NNS may MD be VB received VVN in IN the DT cases NNS and CC on IN the DT terms NNS provided VVN for IN in IN Article NP 93 CD , , either CC by IN a DT superior JJ officer NN or CC military JJ doctor NN of IN a DT corresponding JJ rank NN , , in IN the DT presence NN of IN two CD witnesses NNS . SENT or CC by IN two CD officials NNS of IN the DT Quartermaster NN Department NP or CC two CD officers NNS of IN the DT commissariat NN . SENT or CC by IN one CD of IN those DT officials NNS or CC officers NNS in IN the DT presence NN of IN two CD witnesses NNS . SENT or CC finally RB , , in IN an DT isolated JJ detachment NN , , by IN the DT officer NN commanding VVG the DT detachment NN , , with IN the DT assistance NN of IN two CD witnesses NNS , , where WRB it PP does VVZ not RB exist VV in IN the DT detachment NN a DT superior JJ officer NN or CC military JJ doctor NN of IN a DT corresponding JJ rank NN , , an DT official NN of IN the DT Quartermaster NN Department NP or CC an DT officer NN of IN the DT commissariat NN . SENT The DT will NN of IN the DT officer NN commanding VVG an DT isolated JJ detachment NN may MD be VB received VVN by IN the DT officer NN coming VVG after IN him PP in IN order NN of IN duty NN . SENT The DT right NN to TO make VV a DT will NN in IN the DT way NN provided VVD for IN in IN this DT Article NP shall MD extend VV to TO prisoners NNS in IN the DT hands NNS of IN the DT enemy NN . SENT Art NN . SENT 982 CD Act NP of IN 17 CD May NP 1900 CD Wills NP mentioned VVN in IN the DT preceding JJ Article NN may MD also RB , , where WRB the DT testator NN is VBZ ill JJ or CC wounded JJ , , be VB received VVN in IN hospitals NNS or CC military JJ medical JJ units NNS such JJ as IN defined VVN by IN military JJ regulations NNS , , by IN the DT senior JJ surgeon NN , , whatever WDT his PP$ rank NN may MD be VB , , with IN the DT assistance NN of IN the DT managing VVG administration NN officer NN . SENT Failing VVG that DT administration NN officer NN , , the DT presence NN of IN two CD witnesses NNS is VBZ necessary JJ . SENT Art NN . SENT 983 CD Act NP of IN 8 CD June NP 1893 CD In IN all DT cases NNS , , an DT original NN in IN duplicate JJ of IN the DT wills NNS mentioned VVN in IN the DT two CD preceding JJ Articles NNS shall MD be VB made VVN . SENT Where WRB this DT formality NN could MD not RB be VB fulfilled VVN because IN of IN the DT state NN of IN health NN of IN the DT testator NN , , an DT office NN copy NN of IN the DT will NN shall MD be VB drawn VVN up RP to TO take VV the DT place NN of IN the DT second JJ original NN . SENT that DT office NN copy NN shall MD be VB signed VVN by IN the DT witnesses NNS and CC by IN the DT instrumentary JJ officers NNS . SENT Mention NN shall MD be VB made VVN therein RB of IN the DT reasons NNS which WDT prevented VVD the DT second JJ original NN from IN being VBG drawn VVN up RP . SENT As RB soon RB as IN communications NNS are VBP possible JJ and CC within IN the DT shortest JJS time NN , , the DT two CD originals NNS or CC the DT original JJ and CC the DT office NN copy NN of IN the DT will NN shall MD be VB addressed VVN separately RB and CC by IN different JJ mails NNS , , under IN closed JJ and CC sealed JJ cover NN , , to TO the DT Minister NP of IN War NP or CC of IN the DT Navy NP , , to TO be VB filed VVN with IN the DT notaire NN indicated VVD by IN the DT testator NN or CC , , failing VVG an DT indication NN , , with IN the DT president NN of IN the DT chamber NN of IN notaires NNS of IN the DT arrondissement NN of IN the DT last JJ domicile NN . SENT Art NN . SENT 984 CD Act NP of IN 8 CD June NP 1893 CD A DT will NN made VVN in IN the DT manner NN established VVN above IN is VBZ void JJ six CD months NNS after IN the DT testator NN has VHZ come VVN to TO a DT place NN where WRB he PP is VBZ at IN liberty NN to TO use VV the DT ordinary JJ forms NNS , , unless IN , , before IN the DT expiry NN of IN that DT period NN , , he PP is VBZ again RB placed VVN in IN one CD of IN the DT special JJ situations NNS provided VVN for IN in IN Article NP 93 CD . SENT The DT will NN is VBZ then RB valid JJ during IN that DT special JJ situation NN and CC during IN a DT new JJ period NN of IN six CD months NNS after IN its PP$ expiry NN . SENT Art NN . SENT 985 CD Wills NPS made VVN in IN a DT place NN with IN which WDT all DT communication NN is VBZ interrupted VVN because IN of IN the DT plague NN or CC other JJ contagious JJ disease NN , , may MD be VB made VVN before IN the DT judge NN of IN the DT tribunal NN d'instance NN or CC before IN one CD of IN the DT municipal JJ officials NNS of IN the DT commune NN , , in IN the DT presence NN of IN two CD witnesses NNS . SENT Act NN of IN 28 CD July NP 1915 CD This DT provision NN shall MD apply VV to TO those DT suffering NN from IN those DT diseases NNS , , as RB well RB to TO those DT who WP are VBP in IN the DT contaminated JJ places NNS , , although IN they PP are VBP not RB presently RB ill JJ . SENT Art NN . SENT 986 CD Act NP of IN 28 CD July NP 1915 CD Wills NP made VVN in IN an DT island NN of IN the DT European JJ territory NN of IN France NP , , where WRB there EX exists VVZ no DT office NN of IN notaire NN , , when WRB there EX is VBZ an DT impossibility NN of IN communicating VVG with IN the DT continent NN , , may MD be VB received VVN as RB is VBZ laid VVN down RP in IN the DT preceding JJ Article NN . SENT The DT impossibility NN of IN communicating VVG must MD be VB certified VVN in IN the DT instrument NN by IN the DT judge NN of IN the DT tribunal NN d'instance NN or CC the DT municipal JJ official NN who WP received VVD the DT will NN . SENT Art NN . SENT 987 CD The NP wills NNS mentioned VVN in IN the DT two CD preceding JJ Articles NNS become VVP void JJ six CD months NNS after IN communications NNS have VHP been VBN re IN established VVN in IN the DT place NN where WRB the DT testator NN is VBZ , , or CC six CD months NNS after IN he PP has VHZ gone VVN to TO a DT place NN where WRB they PP are VBP not RB interrupted VVN . SENT Art NN . SENT 988 CD Act NP of IN 8 CD June NP 1893 CD In IN the DT course NN of IN a DT sea NN voyage NN , , either CC on IN the DT way NN or CC during IN a DT stoppage NN in IN port NN , , where WRB it PP is VBZ impossible JJ to TO communicate VV with IN land NN , , or CC where WRB it PP does VVZ not RB exist VV in IN the DT port NN , , if IN it PP is VBZ in IN a DT foreign JJ country NN , , a DT French JJ diplomatic JJ or CC consular JJ agent NN vested VVN with IN the DT functions NNS of IN a DT notaire NN , , wills NNS of IN persons NNS present JJ on IN board NN shall MD be VB received VVN , , in IN the DT presence NN of IN two CD witnesses NNS . SENT on IN ships NNS of IN the DT State NP , , by IN the DT administration NN officer NN or CC , , in IN his PP$ absence NN , , by IN the DT captain NN or CC one NN who WP fulfils VVZ his PP$ functions NNS . SENT and CC on IN other JJ ships NNS by IN the DT captain NN , , master NN or CC skipper NN , , with IN the DT assistance NN of IN the DT chief JJ officer NN , , or CC , , in IN their PP$ absence NN , , by IN those DT who WP fulfil VV their PP$ functions NNS . SENT The DT instrument NN shall MD indicate VV that IN of IN the DT above RB provided VVN circumstances NNS in IN which WDT it PP was VBD received VVN . SENT Art NN . SENT 989 CD Act NP of IN 8 CD June NP 1893 CD On IN ships NNS of IN the DT state NN , , under IN the DT circumstances NNS provided VVN for IN in IN the DT preceding JJ Article NN , , the DT will NN of IN the DT administration NN officer NN shall MD be VB received VVN by IN the DT captain NN or CC by IN one CD who WP fulfils VVZ his PP$ functions NNS and CC , , where WRB there EX is VBZ no DT administration NN officer NN , , the DT will NN of IN the DT captain NN shall MD be VB received VVN by IN the DT one NN coming VVG after IN him PP in IN order NN of IN duty NN . SENT On IN other JJ ships NNS , , the DT will NN of IN the DT captain NN , , master NN or CC skipper NN , , or CC that IN of IN the DT chief JJ officer NN , , shall MD , , under IN the DT same JJ circumstances NNS , , be VB received VVN by IN the DT persons NNS who WP come VVP after IN them PP in IN order NN of IN duty NN . SENT Art NN . SENT 990 CD Act NP of IN 8 CD June NP 1893 CD In IN all DT cases NNS , , an DT original NN in IN duplicate JJ of IN the DT wills NNS mentioned VVN in IN the DT two CD preceding JJ Articles NNS shall MD be VB made VVN . SENT Where WRB that DT formality NN could MD not RB be VB fulfilled VVN because IN of IN the DT state NN of IN health NN of IN the DT testator NN , , an DT office NN copy NN of IN the DT will NN shall MD be VB drawn VVN up RP to TO take VV the DT place NN of IN the DT second JJ original NN . SENT that DT office NN copy NN shall MD be VB signed VVN by IN the DT witnesses NNS and CC by IN the DT instrumentary JJ officers NNS . SENT Mention NN shall MD be VB made VVN of IN the DT reasons NNS which WDT prevented VVD the DT second JJ original NN from IN being VBG drawn VVN up RP . SENT Art NN . SENT 991 CD Act NP of IN 8 CD June NP 1893 CD At IN the DT first JJ stoppage NN in IN a DT foreign JJ port NN where WRB there EX is VBZ a DT French JJ diplomatic JJ or CC consular JJ agent NN , , one CD of IN the DT originals NNS or CC the DT office NN copy NN of IN the DT will NN shall MD be VB delivered VVN , , under IN closed JJ and CC sealed JJ cover NN , , into IN the DT hands NNS of IN that DT official NN , , who WP shall MD forward VV it PP to TO the DT Minister NP of IN the DT Navy NP , , in IN order NN that IN it PP may MD be VB deposited VVN as RB is VBZ stated VVN in IN Article NP 983 CD . SENT Art NN . SENT 992 CD Act NP of IN 8 CD June NP 1893 CD Upon IN the DT arrival NN of IN the DT ship NN in IN a DT French JJ port NN , , the DT two CD originals NNS of IN the DT will NN , , or CC the DT original JJ and CC its PP$ office NN copy NN , , or CC the DT original NN which WDT remains VVZ , , in IN case NN of IN transmission NN or CC delivery NN effected VVN during IN the DT course NN of IN the DT voyage NN , , shall MD be VB deposited VVN , , under IN closed JJ and CC sealed JJ cover NN , , for IN the DT ships NNS of IN the DT State NP , , at IN the DT office NN of IN commissioning VVG , , and CC for IN other JJ ships NNS , , at IN the DT office NN of IN seamen's NN registration NN . SENT Each DT of IN those DT documents NNS shall MD be VB addressed VVN separately RB and CC by IN different JJ mails NNS , , to TO the DT Minister NP of IN the DT Navy NP , , who WP shall MD forward VV them PP as RB is VBZ stated VVN in IN Article NP 983 CD . SENT Art NN . SENT 993 CD Act NP of IN 8 CD June NP 1893 CD On IN the DT list NN of IN the DT crew NN , , in IN regard NN to TO the DT name NN of IN the DT testator NN , , mention NN shall MD be VB made VVN of IN the DT delivery NN of IN the DT originals NNS or CC office NN copy NN of IN the DT will NN made VVD to TO the DT consulate NN , , to TO the DT office NN of IN commissioning VVG or CC to TO the DT office NN of IN seamen's NN registration NN , , in IN accordance NN with IN the DT prescriptions NNS of IN the DT preceding JJ Articles NNS . SENT Art NN . SENT 994 CD Act NP of IN 8 CD June NP 1893 CD A DT will NN made VVN during IN the DT course NN of IN a DT sea NN voyage NN , , in IN the DT form NN prescribed VVN in IN Articles NNS 988 CD and CC following VVG , , is VBZ valid JJ only RB where WRB the DT testator NN dies VVZ on IN board NN or CC within IN six CD months NNS after IN landing NN in IN a DT place NN where WRB he PP could MD have VH redone VVN it PP in IN the DT ordinary JJ forms NNS . SENT However RB , , where WRB the DT testator NN undertakes VVZ a DT new JJ sea NN voyage NN before IN expiry NN of IN that DT period NN , , the DT will NN is VBZ valid JJ during IN the DT duration NN of IN that DT voyage NN and CC during IN a DT new JJ period NN of IN six CD months NNS after IN the DT testator NN has VHZ disembarked VVN again RB . SENT Art NN . SENT 995 CD Act NP of IN 8 CD June NP 1893 CD Dispositions NNS inserted VVN in IN a DT will NN made VVD , , in IN the DT course NN of IN a DT sea NN voyage NN , , to TO the DT benefit NN of IN the DT officers NNS of IN the DT ship NN other JJ that IN those DT who WP are VBP relatives NNS by IN blood NN or CC marriage NN of IN the DT testator NN , , are VBP null JJ and CC void JJ . SENT It PP shall MD be VB the DT same JJ , , whether IN the DT will NN is VBZ made VVN in IN the DT holographic JJ form NN or CC received VVD in IN accordance NN with IN Articles NNS 988 CD and CC following VVG . SENT Art NN . SENT 996 CD Act NP of IN 8 CD June NP 1893 CD A DT reading NN shall MD be VB given VVN to TO the DT testator NN , , in IN the DT presence NN of IN the DT witnesses NNS , , of IN the DT provisions NNS of IN Articles NNS 984 CD , , 987 CD or CC 994 CD , , as IN the DT case NN may MD be VB , , and CC mention VV of IN that DT reading NN shall MD be VB mentioned VVN in IN the DT will NN . SENT Art NN . SENT 997 CD Act NP of IN 8 CD June NP 1893 CD The NP wills NNS included VVD in IN the DT above JJ Articles NNS of IN this DT Section NN shall MD be VB signed VVN by IN the DT testator NN , , by IN those DT who WP have VHP received VVN them PP and CC by IN the DT witnesses NNS . SENT Art NN . SENT 998 CD Act NP of IN 8 CD June NP 1893 CD Where WRB a DT testator NN declares VVZ that IN he PP is VBZ unable JJ or CC does VVZ not RB know VV how WRB to TO sign VV , , mention NN shall MD be VB made VVN of IN his PP$ declaration NN , , as RB well RB as RB of IN the DT reason NN which WDT prevents VVZ him PP from IN signing NN . SENT In IN the DT case NN where WRB the DT presence NN of IN two CD witnesses NNS is VBZ required VVN , , the DT will NN shall MD be VB signed VVN by IN one CD of IN them PP at IN least JJS , , and CC mention NN shall MD be VB made VVN of IN the DT reason NN why WRB the DT other JJ did VVD not RB sign VV . SENT Art NN . SENT 999 CD A NP French JJ person NN who WP is VBZ in IN a DT foreign JJ country NN may MD make VV his PP$ testamentary JJ dispositions NNS by IN instrument NN under IN private JJ signature NN , , as IN is VBZ prescribed VVN in IN Article NP 970 CD , , or CC by IN authentic JJ instrument NN , , in IN the DT forms NNS in IN use NN in IN the DT place NN where WRB the DT instrument NN is VBZ made VVN . SENT Art NN . SENT 1000 CD Wills NPS made VVN in IN a DT foreign JJ country NN may MD be VB enforced VVN on IN property NN situated VVN in IN France NP only RB after IN they PP have VHP been VBN registered VVN at IN the DT office NN of IN the DT domicile NN of IN the DT testator NN , , where WRB he PP has VHZ kept VVN one CD , , otherwise RB , , at IN the DT office NN of IN his PP$ last JJ known VVN domicile NN in IN France NP . SENT and CC in IN the DT case NN the DT will NN contains VVZ dispositions NNS of IN immovables NNS there RB situated VVN , , it PP shall MD be VB also RB registered VVN at IN the DT registry NN of IN the DT situation NN of IN those DT immovables NNS , , without IN a DT double JJ tax NN being VBG charged VVN . SENT Art NN . SENT 1001 CD The NP formalities NNS to TO which WDT the DT various JJ wills NNS are VBP subject JJ under IN the DT provisions NNS of IN this DT Section NN and CC the DT preceding JJ one NN shall MD be VB complied VVN with IN on IN pain NN of IN annulment NN . SENT Section NP III NP Of IN the DT Appointments NNS of IN Heirs NNS and CC of IN Legacies NNS in IN general JJ Art NN . SENT 1002 CD Testamentary JJ dispositions NNS are VBP either RB universal JJ , , or CC by IN universal JJ title NN , , or CC specific JJ . SENT Each DT of IN those DT dispositions NNS , , whether IN made VVN under IN the DT designation NN of IN appointment NN of IN an DT heir NN , , or CC made VVD under IN the DT designation NN of IN legacy NN , , produces VVZ its PP$ effect NN according VVG to TO the DT rules NNS hereafter RB laid VVD down RP for IN universal JJ legacies NNS , , for IN legacies NNS by IN universal JJ title NN , , or CC for IN specific JJ legacies NNS . SENT Section NP IV NP Of IN Universal NP Legacies NNS Art NN . SENT 1003 CD A NP universal JJ legacy NN is VBZ a DT testamentary JJ disposition NN by IN which WDT a DT testator NN donates VVZ to TO one CD or CC more JJR persons NNS the DT entirety NN of IN the DT property NN which WDT he PP may MD leave VV at IN his PP$ death NN . SENT Art NN . SENT 1004 CD Where WRB , , at IN the DT death NN of IN a DT testator NN , , there EX are VBP heirs NNS to TO whom WP a DT portion NN of IN his PP$ property NN is VBZ reserved VVN by IN law NN , , those DT heirs NNS are VBP seized VVN by IN operation NN of IN law NN , , by IN the DT death NN , , of IN all PDT the DT property NN of IN the DT succession NN . SENT and CC a DT universal JJ legatee NN is VBZ compelled VVN to TO request VV of IN them PP the DT delivery NN of IN the DT property NN included VVD in IN the DT will NN . SENT Art NN . SENT 1005 CD However RB , , in IN the DT same JJ cases NNS , , a DT universal JJ legatee NN has VHZ the DT enjoyment NN of IN the DT property NN included VVD in IN the DT will NN from IN the DT day NN of IN the DT death NN , , where WRB a DT claim NN for IN delivery NN was VBD brought VVN within IN one CD year NN after IN that DT time NN . SENT otherwise RB , , that DT enjoyment NN shall MD only RB commence VV from IN the DT day NN of IN a DT claim NN brought VVN in IN court NN , , or CC from IN the DT day NN when WRB delivery NN was VBD voluntarily RB agreed VVN to TO . SENT Art NN . SENT 1006 CD Where WRB at IN the DT death NN of IN a DT testator NN there EX are VBP no DT heirs NNS to TO whom WP a DT portion NN of IN the DT property NN is VBZ reserved VVN by IN law NN , , a DT universal JJ legatee NN is VBZ seized VVN by IN operation NN of IN law NN by IN the DT death NN of IN the DT testator NN , , without IN being VBG compelled VVN to TO request VV delivery NN . SENT Art NN . SENT 1007 CD Act NP n NN 66 CD 1012 CD of IN 28 CD Dec NP . SENT 1966 CD Before IN it PP produces VVZ its PP$ effects NNS , , an DT holographic JJ or CC secret JJ will NN shall MD be VB deposited VVN in IN the DT hands NNS of IN a DT notaire NN . SENT The DT will NN shall MD be VB opened VVN where WRB it PP is VBZ sealed VVN . SENT The DT notaire NN shall MD draw VV up RP at IN once RB a DT memorandum NN of IN the DT opening NN and CC of IN the DT condition NN of IN the DT will NN , , while IN specifying VVG the DT circumstances NNS of IN the DT deposit NN . SENT The DT will MD as RB well RB as IN the DT memorandum NN shall MD take VV their PP$ place NN among IN the DT original JJ records NNS of IN the DT notaire NN . SENT Within IN the DT month NN following VVG the DT date NN of IN the DT memorandum NN , , the DT notaire NN shall MD address VV an DT office NN copy NN of IN it PP and CC a DT facsimile NN of IN the DT will NN to TO the DT chief JJ clerk NN of IN the DT tribunal NN d'instance NN of IN the DT place NN of IN opening NN of IN the DT succession NN , , who WP shall MD acknowledge VV receipt NN of IN those DT documents NNS and CC shall MD place VV them PP among IN his PP$ original JJ records NNS . SENT Art NN . SENT 1008 CD In IN the DT case NN of IN Article NP 1006 CD , , where WRB the DT will NN is VBZ holographic JJ or CC secret JJ , , a DT universal JJ legatee NN is VBZ bound VVN to TO apply VV to TO be VB vested VVN with IN possession NN , , by IN an DT order NN of IN the DT president NN , , written VVN at IN the DT foot NN of IN a DT petition NN , , to TO which WDT the DT instrument NN of IN deposit NN shall MD be VB joined VVN . SENT Art NN . SENT 1009 CD A NP universal JJ legatee NN who WP competes VVZ with IN an DT heir NN to TO whom WP the DT law NN reserves VVZ a DT portion NN of IN the DT property NN , , is VBZ liable JJ for IN the DT debts NNS and CC charges NNS of IN the DT succession NN of IN the DT testator NN , , personally RB to TO the DT extent NN of IN his PP$ share NN and CC portion NN , , and CC as RB to TO mortgages NNS to TO the DT extent NN of IN the DT whole NN . SENT and CC he PP is VBZ responsible JJ for IN paying VVG all PDT the DT legacies NNS , , except IN in IN case NN of IN abatement NN , , as IN is VBZ stated VVN in IN Articles NNS 926 CD and CC 927 CD . SENT Section NN V NN Of IN Legacies NNS by IN Universal NP Title NP Art NP . SENT 1010 CD A DT legacy NN by IN universal JJ title NN is VBZ one CD by IN which WDT the DT testator NN bequeaths VVZ a DT portion NN of IN the DT property NN of IN which WDT the DT law NN permits VVZ him PP to TO dispose VV , , such JJ as IN a DT half NN , , a DT third JJ , , or CC all PDT his PP$ immovables NNS , , or CC all PDT his PP$ movables NNS , , or CC a DT fixed JJ portion NN of IN all PDT his PP$ immovables NNS or CC of IN all PDT his PP$ movables NNS . SENT Any DT other JJ legacy NN constitutes VVZ only RB a DT specific JJ disposition NN . SENT Art NN . SENT 1011 CD Legatees NNS by IN universal JJ title NN are VBP obliged VVN to TO request VV delivery NN from IN the DT heirs NNS to TO whom WP a DT portion NN of IN property NN is VBZ reserved VVN by IN law NN . SENT and CC , , failing VVG them PP , , from IN the DT heirs NNS called VVN in IN the DT order NN established VVN by IN the DT Title NN Of IN Successions NNS . SENT Art NN . SENT 1012 CD A DT legatee NN by IN universal JJ title NN is VBZ liable JJ , , like IN a DT universal JJ legatee NN , , for IN the DT debts NNS and CC charges NNS of IN the DT succession NN of IN the DT testator NN , , personally RB to TO the DT extent NN of IN his PP$ share NN and CC portion NN , , and CC as RB to TO mortgages NNS to TO the DT extent NN of IN the DT whole NN . SENT Art NN . SENT 1013 CD Where WRB a DT testator NN has VHZ disposed VVN of IN only RB a DT part NN of IN the DT disposable JJ portion NN , , and CC has VHZ done VVN so RB by IN universal JJ title NN , , that DT legatee NN is VBZ responsible JJ for IN paying VVG the DT specific JJ legacies NNS pro JJ rata NN with IN the DT natural JJ heirs NNS . SENT Section NP VI NP Of IN Specific JJ Legacies NNS Art NN . SENT 1014 RB An DT outright JJ legacy NN gives VVZ to TO the DT legatee NN , , from IN the DT day NN of IN the DT death NN of IN the DT testator NN , , a DT right NN to TO the DT thing NN bequeathed VVD , , which WDT right RB may MD be VB transmitted VVN to TO his PP$ heirs NNS or CC assigns VVZ . SENT Nevertheless RB , , a DT specific JJ legatee NN may MD be VB vested VVN with IN the DT possession NN of IN the DT thing NN bequeathed VVD , , or CC claim VVP the DT fruits NNS or CC interests NNS of IN it PP only RB from IN the DT day NN of IN his PP$ claim NN for IN delivery NN , , made VVD following VVG the DT order NN established VVN by IN Article NP 1011 CD , , or CC from IN the DT day NN when WRB delivery NN was VBD voluntarily RB granted VVN to TO him PP . SENT Art NN . SENT 1015 CD Interests NNS or CC fruits NNS of IN a DT thing NN bequeathed VVD accrue VV to TO the DT legatee NN , , from IN the DT day NN of IN the DT death NN , , and CC without IN a DT claim NN having VHG been VBN brought VVN by IN him PP in IN court NN . SENT 1 CD Where WRB the DT testator NN has VHZ expressly RB expressed VVN his PP$ wish NN in IN this DT regard NN in IN the DT will NN . SENT 2 CD Where WRB an DT annuity NN or CC a DT pension NN has VHZ been VBN bequeathed VVN as IN a DT maintenance NN . SENT Art NN . SENT 1016 CD The NP costs NNS of IN a DT claim NN for IN delivery NN shall MD be VB charged VVN to TO the DT succession NN , , without IN however RB a DT reduction NN of IN the DT statutory JJ reserve NN resulting VVG from IN it PP . SENT Recording NN fees NNS are VBP due JJ by IN the DT legatee NN . SENT All DT of IN which WDT , , unless IN otherwise RB directed VVN by IN the DT will NN . SENT Each DT legacy NN may MD be VB registered VVN separately RB , , without IN that DT registration NN benefiting VVG to TO anyone NN other JJ than IN the DT legatee NN or CC his PP$ assigns NNS . SENT Art NN . SENT 1017 CD The NP heirs NNS of IN the DT testator NN , , or CC other JJ debtors NNS for IN a DT legacy NN , , are VBP personally RB liable JJ for IN its PP$ payment NN , , each DT one CD pro JJ rata NN of IN the DT share NN and CC portion NN by IN which WDT he PP benefits VVZ in IN the DT succession NN . SENT They PP are VBP responsible JJ as RB to TO mortgages NNS for IN the DT whole NN , , up RB to TO the DT amount NN of IN the DT value NN of IN the DT immovables NNS of IN the DT succession NN which WDT they PP may MD hold VV . SENT Art NN . SENT 1018 CD The DT thing NN bequeathed VVD shall MD be VB delivered VVN with IN its PP$ necessary JJ accessories NNS , , and CC in IN the DT condition NN in IN which WDT it PP stands VVZ on IN the DT day NN of IN the DT death NN of IN the DT donor NN . SENT Art NN . SENT 1019 CD Where WRB a DT person NN who WP bequeathed VVD ownership NN of IN an DT immovable JJ , , has VHZ increased VVN it PP thereafter RB by IN acquisitions NNS , , those DT acquisitions NNS , , even RB if IN contiguous JJ , , shall MD not RB be VB deemed VVN to TO form VV a DT part NN of IN the DT legacy NN , , failing VVG a DT new JJ disposition NN . SENT It PP may MD not RB be VB so RB of IN improvements NNS or CC of IN new JJ constructions NNS made VVN on IN the DT tenement NN bequeathed VVD , , or CC of IN an DT enclosure NN whose WP$ space NN the DT testator NN has VHZ increased VVN . SENT Art NN . SENT 1020 CD Where WRB , , before IN the DT will NN or CC afterwards RB , , a DT thing NN bequeathed VVD has VHZ been VBN mortgaged VVN for IN a DT debt NN of IN the DT succession NN , , or CC even RB for IN the DT debt NN of IN a DT third JJ person NN , , or CC where WRB it PP is VBZ burdened VVN with IN a DT usufruct NN , , the DT one NN who WP is VBZ obliged VVN to TO pay VV the DT legacy NN is VBZ not RB bound VVN to TO disencumber VV the DT thing NN , , unless IN he PP has VHZ been VBN directed VVN to TO do VV so RB by IN an DT express JJ provision NN of IN the DT testator NN . SENT Art NN . SENT 1021 CD Where WRB a DT testator NN has VHZ bequeathed VVD a DT thing NN belonging VVG to TO others NNS , , the DT legacy NN is VBZ void JJ , , whether IN the DT testator NN knew VVD or CC not RB that IN the DT thing NN did VVD not RB belong VV to TO him PP . SENT Art NN . SENT 1022 CD Where WRB a DT legacy NN is VBZ of IN an DT undetermined JJ thing NN , , the DT heir NN are VBP not RB obliged VVN to TO give VV it PP of IN the DT best JJS quality NN , , and CC he PP may MD not RB offer VV it PP of IN the DT worst JJS . SENT Art NN . SENT 1023 CD A NP legacy NN made VVD to TO a DT creditor NN , , may MD not RB be VB deemed VVN a DT set VVN off RP against IN his PP$ claim NN , , nor CC a DT legacy NN made VVD to TO a DT servant NN a DT set VVN off RP against IN his PP$ wages NNS . SENT Art NN . SENT 1024 CD A NP specific JJ legatee NN is VBZ not RB liable JJ for IN the DT debts NNS of IN the DT succession NN , , subject JJ to TO the DT abatement NN of IN the DT legacy NN , , as RB above IN stated VVN , , and CC subject JJ to TO a DT foreclosure NN action NN by IN creditors NNS . SENT Section NP VII NP Of IN Testamentary JJ Executors NNS Art NN . SENT 1025 CD A NP testator NN may MD appoint VV one NN or CC several JJ testamentary JJ executors NNS . SENT Art NN . SENT 1026 CD He PP may MD vest VV them PP in IN possession NN of IN the DT whole JJ or CC only RB of IN part NN of IN his PP$ movables NNS . SENT but CC vesting VVG may NN not RB last JJ for IN more JJR than IN one CD year NN and CC one CD day NN after IN his PP$ death NN . SENT Where WRB he PP did VVD not RB grant VV it PP to TO them PP , , they PP may MD not RB demand VV it PP . SENT Art NN . SENT 1027 CD An DT heir NN may MD cause VV vesting VVG to TO cease VV by IN offering VVG to TO deliver VV to TO the DT testamentary JJ executors NNS a DT sum NN sufficient JJ to TO pay VV the DT legacies NNS of IN movables NNS , , or CC by IN justifying VVG that DT payment NN . SENT Art NN . SENT 1028 CD A NP person NN who WP may MD not RB bind NN himself PP may MD not RB be VB a DT testamentary JJ executor NN . SENT Art NN . SENT 1029 CD repealed VVN Art NN . SENT 1030 CD A NP minor NN may MD not RB be VB a DT testamentary JJ executor NN , , even RB with IN the DT authorization NN of IN his PP$ guardian NN or CC curator NN , , repealed VVN by IN implication NN . SENT Art NN . SENT 1031 CD Testamentary JJ executors NNS shall MD have VH seals NNS affixed VVD , , where WRB some DT of IN the DT heirs NNS are VBP minors NNS , , adults NNS in IN guardianship NN or CC absentees NNS . SENT They PP shall MD have VH an DT inventory NN made VVN of IN the DT property NN of IN the DT succession NN , , in IN the DT presence NN of IN the DT presumptive JJ heir NN , , or CC he PP having VHG been VBN duly RB summoned VVN . SENT They PP shall MD induce VV the DT sale NN of IN movables NNS , , if IN there EX is VBZ insufficient JJ money NN to TO pay VV the DT legacies NNS . SENT They PP shall MD take VV care NN that IN the DT will NN is VBZ carried VVN out RP . SENT and CC , , in IN case NN of IN controversy NN as RB to TO its PP$ carrying VVG out RP , , they PP may MD intervene VV to TO support VV its PP$ validity NN . SENT They PP shall MD account VV for IN their PP$ management NN on IN the DT expiry NN of IN the DT year NN from IN the DT death NN of IN the DT testator NN . SENT Art NN . SENT 1032 CD The NP powers NNS of IN a DT testamentary JJ executor NN may MD not RB pass VV to TO his PP$ heirs NNS . SENT Art NN . SENT 1033 CD Where WRB there EX are VBP several JJ testamentary JJ executors NNS who WP have VHP accepted VVN , , one PP alone RB may MD act VV in IN default NN of IN the DT others NNS . SENT and CC they PP are VBP jointly RB and CC severally RB liable JJ for IN the DT account NN of IN the DT movables NNS which WDT was VBD entrusted VVN to TO them PP , , unless IN the DT testator NN has VHZ divided VVN their PP$ duties NNS and CC each DT of IN them PP has VHZ confined VVN himself PP to TO those DT which WDT were VBD assigned VVN to TO him PP . SENT Art NN . SENT 1034 CD Expenses NNS incurred VVN by IN a DT testamentary JJ executor NN for IN affixing VVG seals NNS , , for IN the DT inventory NN , , the DT account NN and CC other JJ expenses NNS relating VVG to TO his PP$ duties NNS , , shall MD be VB charged VVN to TO the DT succession NN . SENT Section NP VIII NP Of IN the DT Revocation NN of IN Wills NP and CC of IN their PP$ Lapse NN Art NN . SENT 1035 CD Wills NPS may MD only RB be VB revoked VVN , , in IN whole NN or CC in IN part NN , , by IN a DT subsequent JJ will NN , , or CC by IN an DT instrument NN before IN notaires NNS , , containing VVG the DT declaration NN of IN a DT change NN of IN intention NN . SENT Art NN . SENT 1036 CD Subsequent JJ wills NNS which WDT do VVP not RB revoke VV previous JJ ones NNS in IN an DT express JJ manner NN annul VV only RB those DT of IN the DT dispositions NNS therein RB contained VVD which WDT are VBP inconsistent JJ with IN the DT new JJ ones NNS , , or CC which WDT are VBP contrary JJ to TO them PP . SENT Art NN . SENT 1037 CD A NP revocation NN made VVD in IN a DT subsequent JJ will NN produces VVZ its PP$ full JJ effect NN , , even RB though IN the DT new JJ will NN is VBZ not RB carried VVN out RP through IN a DT disability NN of IN the DT heir NN appointed VVN or CC the DT legatee NN , , or CC their PP$ refusal NN to TO take VV it PP . SENT Art NN . SENT 1038 CD Any DT transfer NN made VVN by IN the DT testator NN of IN all DT or CC part NN of IN the DT thing NN bequeathed VVD , , even RB by IN a DT sale NN with IN option NN of IN redemption NN or CC by IN exchange NN , , involves VVZ revocation NN of IN the DT legacy NN as RB to TO everything NN that WDT was VBD transferred VVN , , even RB though IN the DT subsequent JJ transfer NN is VBZ void JJ and CC the DT thing NN has VHZ returned VVN to TO the DT hands NNS of IN the DT testator NN . SENT Art NN . SENT 1039 RB Any DT testamentary JJ disposition NN lapses VVZ where WRB the DT one NN in IN whose WP$ favour NN it PP was VBD made VVD does VVZ not RB survive VV the DT testator NN . SENT Art NN . SENT 1040 RB Any DT testamentary JJ disposition NN made VVN under IN a DT condition NN depending VVG upon IN an DT uncertain JJ event NN , , and CC such JJ that IN , , in IN the DT intention NN of IN the DT testator NN , , that DT disposition NN is VBZ to TO be VB carried VVN out RP only RB where WRB the DT event NN happens VVZ or CC does VVZ not RB happen VV , , lapses VVZ if IN the DT appointed VVN heir NN or CC the DT legatee NN dies VVZ before IN the DT condition NN is VBZ fulfilled VVN . SENT Art NN . SENT 1041 CD A NP condition NN which WDT , , in IN the DT intention NN of IN the DT testator NN , , only RB suspends VVZ the DT carrying VVG out RP of IN the DT disposition NN , , does VVZ not RB prevent VV the DT appointed VVN heir NN or CC the DT legatee NN from IN having VHG a DT vested JJ right NN transmissible JJ to TO his PP$ heirs NNS . SENT Art NN . SENT 1042 CD A NP legacy NN lapses NNS , , where WRB the DT thing NN bequeathed VVD totally RB perishes VVZ in IN the DT lifetime NN of IN the DT testator NN . SENT It PP shall MD be VB likewise RB where WRB it PP perishes VVZ after IN his PP$ death NN , , without IN the DT act NN or CC fault NN of IN the DT heir NN , , although IN the DT latter NN may MD have VH been VBN on IN notice NN to TO deliver VV it PP , , if IN it PP would MD likewise RB have VH perished VVN in IN the DT hands NNS of IN the DT legatee NN . SENT Art NN . SENT 1043 CD A NP testamentary JJ disposition NN lapses VVZ where WRB the DT appointed VVN heir NN or CC the DT legatee NN repudiates VVZ it PP or CC is VBZ incompetent JJ to TO take VV it PP . SENT Art NN . SENT 1044 RB There EX shall MD be VB occasion NN for IN accruer NN to TO the DT benefit NN of IN the DT legatees NNS , , in IN the DT case NN where WRB a DT legacy NN is VBZ made VVN jointly RB to TO several JJ of IN them PP . SENT A DT legacy NN shall MD be VB deemed VVN jointly RB made VVN where WRB it PP is VBZ made VVN by IN one CD and CC the DT same JJ disposition NN and CC where WRB the DT testator NN did VVD not RB assign VV the DT share NN of IN each DT of IN the DT co NP legatees NNS in IN the DT thing NN bequeathed VVD . SENT Art NN . SENT 1045 CD It PP shall MD likewise RB be VB deemed VVN jointly RB made VVN when WRB a DT thing NN which WDT is VBZ not RB susceptible JJ of IN being VBG divided VVN without IN deterioration NN is VBZ donated VVN by IN the DT same JJ will NN to TO several JJ persons NNS , , even RB separately RB . SENT Art NN . SENT 1046 CD The NP same JJ causes NNS which WDT , , according VVG Article NP 954 CD and CC the DT first JJ two CD provisions NNS of IN Article NP 955 CD , , allow VVP a DT claim NN for IN revocation NN of IN an DT inter VV vivos NNS gift NN , , shall MD justify VV a DT claim NN for IN revocation NN of IN testamentary JJ dispositions NNS . SENT Art NN . SENT 1047 CD Where WRB that DT claim NN is VBZ based VVN upon IN a DT grievous JJ insult NN against IN the DT memory NN of IN the DT testator NN , , it PP must MD be VB brought VVN within IN one CD year NN after IN the DT day NN of IN the DT offence NN . SENT CHAPTER NN VI NP OF IN DISPOSITIONS NNS ALLOWED VVN IN IN FAVOUR NN OF IN THE DT GRANDCHILDREN NNS OF IN A DT DONOR NN OR CC TESTATOR NN OR CC OF IN THE DT CHILDREN NNS OF IN HIS PP$ BROTHERS NNS AND CC SISTERS NNS Art NN . SENT 1048 CD Property NN of IN which WDT the DT father NN and CC mother NN may MD dispose VV , , may MD be VB donated VVN by IN them PP , , in IN whole NN or CC in IN part NN , , to TO one CD or CC several JJ of IN their PP$ children NNS by IN inter VV vivos NNS or CC testamentary JJ act NN , , with IN the DT obligation NN of IN returning VVG that DT property NN to TO the DT children NNS born VVN and CC to TO be VB born VVN , , in IN the DT first JJ degree NN only RB , , of IN said VVN donees NNS . SENT Art NN . SENT 1049 CD Is VBZ valid JJ , , in IN case NN of IN death NN without IN children NNS , , a DT disposition NN which WDT a DT deceased JJ made VVD by RB inter VV vivos NNS or CC testamentary JJ act NN for IN the DT benefit NN of IN one CD or CC several JJ of IN his PP$ brothers NNS or CC sisters NNS , , of IN all DT or CC part NN of IN the DT property NN which WDT is VBZ not RB reserved VVN by IN law NN in IN his PP$ succession NN , , with IN the DT obligation NN of IN returning VVG that DT property NN to TO the DT children NNS born VVN and CC to TO be VB born VVN , , in IN the DT first JJ degree NN only RB , , of IN said VVD donee NN brothers NNS or CC sisters NNS . SENT Art NN . SENT 1050 CD The NP dispositions NNS allowed VVN by IN the DT two CD preceding JJ Articles NNS are VBP valid JJ only RB where WRB the DT obligation NN to TO return VV is VBZ for IN the DT benefit NN of IN all PDT the DT children NNS born VVN and CC to TO be VB born VVN of IN the DT institute NN , , without IN exception NN or CC preference NN by IN reason NN of IN age NN or CC sex NN . SENT Art NN . SENT 1051 CD Where WRB , , in IN the DT above JJ cases NNS , , an DT institute NN subject NN to TO restitution NN for IN the DT benefit NN of IN his PP$ children NNS dies VVZ , , leaving VVG children NNS in IN the DT first JJ degree NN and CC descendants NNS of IN a DT pre NP deceased JJ child NN , , the DT latter NN shall MD take VV the DT portion NN of IN the DT pre NP deceased JJ child NN , , by IN representation NN . SENT Art NN . SENT 1052 CD Where WRB a DT child NN , , brother NN or CC sister NN to TO whom WP property NN was VBD donated VVN by IN an DT inter VV vivos NNS act VV , , without IN obligation NN of IN restitution NN , , accepts VVZ a DT new JJ gratuitous JJ transfer NN made VVN by IN an DT inter VV vivos NNS or CC testamentary JJ act NN , , subject JJ to TO the DT condition NN that IN the DT property NN previously RB donated VVD be VB burdened VVN with IN that DT obligation NN , , they PP are VBP no RB longer RBR allowed VVN to TO divide VV the DT two CD dispositions NNS made VVN for IN their PP$ benefit NN and CC to TO renounce VV the DT second JJ to TO be VB satisfied VVN with IN the DT first JJ , , even RB if IN they PP offer VVP to TO return VV the DT property NN included VVD in IN the DT second JJ gift NN . SENT Art NN . SENT 1053 CD The NP rights NNS of IN the DT substitutes NNS take VVP effect NN from IN the DT time NN when WRB , , for IN whatever WDT reason NN , , the DT enjoyment NN of IN the DT child NN , , the DT brother NN or CC the DT sister NN institutes NN comes VVZ to TO an DT end NN . SENT an DT anticipated JJ waiver NN of IN the DT enjoyment NN for IN the DT benefit NN of IN the DT institutes NN may MD not RB prejudice NN creditors NNS of IN the DT institute NN antecedent NN to TO the DT waiver NN . SENT Art NN . SENT 1054 CD repealed VVN by IN implication NN Art NN . SENT 1055 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD A NP person NN who WP makes VVZ the DT dispositions NNS allowed VVN by IN the DT preceding JJ Articles NNS may MD , , by IN the DT same JJ act NN , , or CC by IN a DT subsequent JJ act NN , , in IN authentic JJ form NN , , appoint VV a DT guardian NN in IN charge NN of IN the DT execution NN of IN those DT dispositions NNS . SENT that DT guardian NN may MD be VB dispensed VVD only RB for IN one CD of IN the DT causes NNS expressed VVN in IN Articles NNS 428 CD and CC following VVG . SENT Art NN . SENT 1056 CD Failing NP such JJ guardian NN , , one PP shall MD be VB named VVN at IN the DT suit NN of IN the DT institute NN or CC of IN his PP$ guardian NN where WRB he PP is VBZ a DT minor JJ , , within IN a DT period NN of IN one CD month NN after IN the DT day NN of IN the DT death NN of IN the DT donor NN or CC testator NN , , or CC after IN the DT day NN when WRB , , since IN that DT death NN , , the DT act NN containing VVG the DT disposition NN has VHZ become VVN known VVN . SENT Art NN . SENT 1057 CD An DT institute NN who WP did VVD not RB comply VV with IN the DT preceding JJ Article NN loses VVZ the DT benefit NN of IN the DT disposition NN . SENT and CC , , in IN that DT case NN , , the DT right NN may MD be VB declared VVN to TO be VB vested VVN in IN the DT substitutes NNS , , at IN the DT suit NN either CC of IN the DT substitutes NNS where WRB they PP are VBP of IN full JJ age NN , , or CC of IN their PP$ guardian NN or CC curator NN , , where WRB they PP are VBP minors NNS or CC adults NNS in IN guardianship NN , , or CC of IN any DT relative NN of IN the DT substitutes NNS of IN full JJ age NN , , minors NNS or CC adults NNS in IN guardianship NN , , or CC even RB ex JJ officio NN , , at IN the DT suit NN of IN the DT Government NP procurator NN of IN the DT tribunal NN de FW grande JJ instance NN of IN the DT place NN where WRB the DT succession NN was VBD opened VVN . SENT Art NN . SENT 1058 CD After IN the DT death NN of IN the DT person NN who WP has VHZ disposed VVN with IN an DT obligation NN of IN restitution NN , , there EX shall MD be VB made VVN , , in IN the DT ordinary JJ forms NNS , , an DT inventory NN of IN all PDT the DT property NN and CC effects NNS composing VVG the DT succession NN , , except IN , , nevertheless RB , , in IN case NN of IN a DT specific JJ legacy NN . SENT That DT inventory NN shall MD include VV an DT appraisal NN at IN a DT fair JJ price NN of IN the DT movables NNS and CC movable JJ effects NNS . SENT Art NN . SENT 1059 CD It PP shall MD be VB done VVN at IN the DT request NN of IN the DT institute NN and CC within IN the DT period NN fixed VVN in IN the DT Title NN Of IN Successions NNS , , in IN the DT presence NN of IN the DT guardian NN appointed VVN for IN the DT execution NN . SENT The DT expenses NNS shall MD be VB taken VVN from IN the DT property NN included VVD in IN the DT succession NN . SENT Art NN . SENT 1060 CD Where WRB an DT inventory NN was VBD not RB made VVN on IN request NN of IN the DT institute NN within IN the DT above JJ period NN , , it PP shall MD be VB done VVN within IN the DT following VVG month NN at IN the DT suit NN of IN the DT guardian NN appointed VVN for IN the DT execution NN , , in IN the DT presence NN of IN the DT institute NN or CC of IN his PP$ guardian NN . SENT Art NN . SENT 1061 CD Where WRB the DT two CD preceding JJ Articles NNS have VHP not RB been VBN complied VVN with IN , , the DT same JJ inventory NN shall MD be VB done VVN , , at IN the DT suit NN of IN the DT persons NNS designated VVN in IN Article NP 1057 CD , , the DT institute NN or CC his PP$ guardian NN and CC the DT guardian NN appointed VVN for IN the DT execution NN being VBG summoned VVN . SENT Art NN . SENT 1062 CD The DT institute NN shall MD have VH a DT sale NN passed VVD on RP to TO , , by IN bills NNS and CC auctions NNS , , of IN all PDT the DT movables NNS and CC effects NNS included VVD in IN the DT disposition NN , , with IN the DT exception NN nevertheless RB of IN those DT mentioned VVN in IN the DT two CD following VVG Articles NNS . SENT Art NN . SENT 1063 CD The DT furniture NN and CC other JJ movable JJ things NNS which WDT are VBP included VVN in IN the DT disposition NN under IN the DT express JJ condition NN of IN keeping VVG them PP in IN kind NN , , shall MD be VB returned VVN in IN the DT condition NN in IN which WDT they PP are VBP at IN the DT time NN of IN the DT restitution NN . SENT Art NN . SENT 1064 CD Cattle NNS and CC implements VVZ used VVN to TO exploit VV lands NNS shall MD be VB deemed VVN included VVN in IN the DT donations NNS inter VV vivos NNS or CC testamentary JJ of IN said VVN lands NNS . SENT and CC the DT institute NN is VBZ bound VVN only RB to TO have VH them PP appraised VVN and CC evaluated VVN , , in IN order NN to TO return VV a DT like JJ value NN at IN the DT time NN of IN the DT restitution NN . SENT Art NN . SENT 1065 CD Within IN a DT period NN of IN six CD months NNS after IN the DT day NN of IN the DT closing NN of IN the DT inventory NN , , an DT institute NN shall MD invest VV the DT ready JJ money NN , , the DT funds NNS coming VVG from IN the DT proceeds NNS of IN the DT movables NNS and CC effects NNS which WDT have VHP been VBN sold VVN , , and CC what WP is VBZ received VVN from IN bills NNS receivable JJ . SENT That DT period NN may MD be VB extended VVN if IN there EX is VBZ occasion NN . SENT Art NN . SENT 1066 CD An DT institute NN is VBZ likewise RB bound VVN to TO invest VV the DT funds NNS coming VVG from IN bills NNS receivable NN which WDT are VBP recovered VVN and CC from IN redemptions NNS of IN annuities NNS . SENT and CC this DT , , within IN three CD months NNS at IN the DT latest JJS after IN he PP has VHZ received VVN them PP . SENT Art NN . SENT 1067 CD That IN investment NN shall MD be VB made VVN in IN accordance NN with IN the DT directions NNS of IN the DT maker NN of IN the DT disposition NN , , where WRB he PP designated VVN the DT nature NN of IN the DT property NN in IN which WDT the DT investment NN must MD be VB made VVN . SENT otherwise RB , , it PP may MD be VB made VVN only RB in IN immovables NNS or CC with IN a DT prior JJ charge NN on IN immovables NNS . SENT Art NN . SENT 1068 CD The DT investment NN prescribed VVN by IN the DT preceding JJ Articles NNS shall MD be VB made VVN in IN the DT presence NN and CC at IN the DT suit NN of IN the DT guardian NN appointed VVN for IN the DT execution NN . SENT Art NN . SENT 1069 CD Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD Dispositions NNS by IN inter VV vivos NNS or CC testamentary JJ acts NNS , , with IN an DT obligation NN of IN restitution NN , , shall MD , , at IN the DT suit NN either CC of IN the DT institute NN or CC of IN the DT guardian NN appointed VVN for IN the DT execution NN , , be VB registered VVN , , as RB to TO immovables NNS in IN accordance NN with IN the DT statutes NNS and CC regulations NNS relating VVG to TO land VV registration NN , , and CC as RB to TO preferential JJ or CC mortgaged VVN claims NNS following VVG the DT prescriptions NNS of IN Articles NNS 2148 CD and CC 2149 CD , , paragraph NN 2 CD , , of IN this DT Code NP . SENT Art NN . SENT 1070 CD Lack NN of IN registration NN Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD of IN an DT instrument NN containing VVG a DT disposition NN may MD be VB set VVN up RP by IN creditors NNS and CC third JJ parties NNS purchasers NNS , , even RB against IN minors NNS or CC adults NNS in IN guardianship NN , , subject JJ to TO the DT remedy NN against IN the DT institute NN and CC the DT guardian NN for IN the DT execution NN , , and CC without IN the DT minors NNS or CC adults NNS in IN guardianship NN being VBG reinstated VVN against IN that DT lack NN of IN registration NN Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD , , even RB where WRB the DT institute NN and CC the DT guardian NN are VBP insolvent JJ . SENT Art NN . SENT 1071 CD Lack NN of IN registration NN Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD may MD not RB be VB made VVN good JJ or CC considered VVN as IN remedied VVN by IN knowledge NN which WDT the DT creditors NNS or CC third JJ parties NNS purchasers NNS may MD have VH had VHN of IN the DT disposition NN in IN other JJ ways NNS than IN by IN the DT registration NN Ord JJ . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD . SENT Art NN . SENT 1072 CD Donees NNS , , legatees NNS , , and CC even RB the DT deleted VVN heirs NNS of IN the DT person NN who WP made VVD the DT disposition NN , , and CC likewise RB their PP$ donees NNS , , legatees NNS or CC heirs NNS may MD not RB , , in IN any DT event NN , , set VVN up RP against IN the DT substitutes NNS the DT lack NN of IN registration NN Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD or CC of IN recording NN . SENT Art NN . SENT 1073 CD A NP guardian NN appointed VVN for IN the DT execution NN is VBZ personally RB liable JJ , , where WRB he PP has VHZ not RB , , in IN every DT way NN , , complied VVN with IN the DT rules NNS hereabove RB laid VVD down RP for IN establishing VVG the DT property NN , , for IN the DT sale NN of IN movables NNS , , for IN the DT investment NN of IN the DT funds NNS , , for IN the DT registration NN and CC recording NN and CC , , in IN general NN , , where WRB he PP has VHZ not RB taken VVN all PDT the DT necessary JJ steps NNS so RB that IN the DT obligation NN of IN restitution NN be VB well RB and CC faithfully RB fulfilled VVN . SENT Art NN . SENT 1074 CD Where WRB the DT institute NN is VBZ a DT minor JJ , , he PP may MD not RB , , even RB in IN case NN of IN insolvency NN of IN his PP$ guardian NN , , be VB reinstated VVN against IN non JJ compliance NN with IN the DT rules NNS prescribed VVN by IN the DT Articles NNS of IN this DT Chapter NN . SENT CHAPTER NN VII NP OF IN PARTITIONS NNS MADE VVN BY IN ASCENDANTS NNS Act NP n NN 71 CD 523 CD of IN 3 CD July NP 1971 CD Art NN . SENT 1075 CD The DT father NN and CC mother NN and CC other JJ ascendants NNS may MD make VV a DT distribution NN and CC partition NN of IN their PP$ property NN between IN their PP$ children NNS and CC descendants NNS . SENT That DT act NN may MD be VB made VVN under IN the DT form NN of IN a DT partition NN made VVN by IN gift NN or CC of IN a DT partition NN made VVN by IN will NN . SENT It PP shall MD comply VV with IN the DT formalities NNS , , requisites NNS and CC rules NNS prescribed VVN for IN inter VV vivos NNS gifts NNS in IN the DT first JJ case NN , , and CC for IN wills NNS in IN the DT second JJ , , subject JJ to TO the DT application NN of IN the DT provisions NNS which WDT follow VVP . SENT Act NP n NN 88 CD 15 CD of IN 5 CD Jan NP . SENT 1988 CD Where WRB their PP$ property NN includes VVZ an DT individual JJ concern NN of IN an DT industrial JJ , , commercial JJ , , craft NN , , agricultural JJ or CC professional JJ character NN , , the DT father NN and CC mother NN and CC other JJ ascendants NNS may MD , , under IN the DT same JJ conditions NNS and CC with IN the DT same JJ effects NNS , , distribute VV and CC partition VV them PP between IN their PP$ children NNS and CC descendants NNS and CC other JJ persons NNS under IN the DT form NN of IN a DT partition NN made VVN by IN gift NN , , provided VVD the DT tangible JJ and CC intangible JJ property NN allocated VVN for IN the DT exploiting VVG of IN the DT concern NN is VBZ part NN of IN that DT distribution NN and CC that DT partition NN , , and CC that IN distribution NN and CC that DT partition NN have VH the DT effect NN of IN assigning VVG to TO those DT other JJ persons NNS only RB the DT ownership NN of IN all DT or CC part NN of IN that DT property NN or CC its PP$ enjoyment NN . SENT Art NN . SENT 1075 CD 1 CD A DT partition NN made VVN by IN an DT ascendant NN may MD not RB be VB attacked VVN for IN reason NN of IN loss NN . SENT Art NN . SENT 1075 CD 2 CD The DT provisions NNS of IN Article NP 833 CD 1 CD , , paragraph NN 1 CD , , shall MD apply VV to TO balances NNS which WDT are VBP the DT responsibility NN of IN donees NNS , , notwithstanding IN any DT agreement NN to TO the DT contrary NN . SENT Art NN . SENT 1075 CD 3 CD Where WRB the DT whole NN of IN the DT property NN which WDT an DT ascendant NN leaves VVZ on IN the DT day NN of IN his PP$ or CC her PP$ death NN has VHZ not RB been VBN included VVN in IN the DT partition NN , , that DT item NN of IN his PP$ or CC her PP$ property NN which WDT has VHZ not RB been VBN included VVN shall MD be VB assigned VVN or CC partitioned VVN in IN accordance NN with IN the DT law NN . SENT Section NN I NN Of IN Partitions NNS Made VVN by IN Gifts NNS Art NN . SENT 1076 CD A NP partition NN made VVN by IN gift NN may MD have VH as IN its PP$ subject JJ matter NN only RB existing VVG property NN . SENT A DT gift NN and CC a DT partition NN may MD be VB made VVN by IN separate JJ acts NNS , , provided VVD the DT ascendant NN is VBZ a DT party NN to TO both DT acts NNS . SENT Art NN . SENT 1077 CD Property NN received VVN by IN descendants NNS as IN an DT anticipated JJ partition NN constitutes VVZ an DT advancement NN of IN their PP$ portions NNS of IN reserve NN , , unless IN it PP was VBD donated VVN expressly RB over IN and CC above IN their PP$ shares NNS . SENT Art NN . SENT 1077 CD 1 CD A DT descendant NN who WP did VVD not RB participate VV in IN a DT partition NN made VVN by IN gift NN or CC who WP received VVD a DT part NN below IN his PP$ portion NN of IN the DT reserve NN may MD bring VV an DT action NN for IN abatement NN where WRB there EX does VVZ not RB exist VV at IN the DT opening NN of IN the DT succession NN property NN not RB included VVD in IN the DT partition NN and CC sufficient JJ to TO form VV or CC make VV his PP$ reserve NN complete JJ , , account NN being VBG taken VVN of IN the DT gratuitous JJ transfers NNS by IN which WDT he PP may MD have VH profited VVN . SENT Art NN . SENT 1077 CD 2 CD Partitions NNS made VVN by IN gifts NNS shall MD follow VV the DT rules NNS of IN inter VV vivos NNS gifts NNS for IN all DT which WDT regards VVZ appropriation NN , , calculation NN of IN the DT reserve NN and CC abatement NN . SENT An DT action NN for IN abatement NN may MD be VB brought VVN only RB after IN the DT death NN of IN the DT ascendant NN who WP made VVD the DT partition NN or CC of IN the DT survivor NN of IN the DT ascendants NNS in IN case NN of IN joint JJ partition NN . SENT It PP is VBZ time NN barred VVN after IN five CD years NNS from IN the DT said VVN death NN . SENT A DT child NN not RB yet RB conceived VVN at IN the DT time NN of IN a DT partition NN made VVN by IN gift NN has VHZ a DT similar JJ action NN to TO form VV or CC make VV his PP$ hereditary JJ share NN complete JJ . SENT Art NN . SENT 1078 CD Notwithstanding IN the DT rules NNS which WDT apply VVP to TO inter VV vivos NNS gifts NNS , , the DT property NN donated VVN must MD , , unless IN otherwise RB agreed VVD , , be VB appraised VVN at IN the DT day NN of IN the DT partition NN made VVN by IN gift NN as RB regards VVZ appropriation NN and CC calculation NN of IN the DT reserve NN , , provided VVN all PDT the DT children NNS living NN or CC represented VVD at IN the DT death NN of IN the DT ascendant NN have VHP received VVN a DT share NN in IN the DT anticipated JJ partition NN and CC have VHP expressly RB accepted VVN it PP , , and CC no DT reservation NN of IN a DT usufruct NN bearing NN on IN a DT sum NN of IN money NN has VHZ been VBN provided VVN for IN . SENT Art NN . SENT 1078 CD 1 CD The DT shares NNS of IN certain JJ beneficiaries NNS Act NP n NN 88 CD 15 CD of IN 5 CD Jan NP . SENT 1988 CD may MD be VB formed VVN , , in IN whole NN or CC in IN part NN , , from IN gifts NNS , , either RB subject JJ to TO collation NN , , or CC over IN and CC above IN their PP$ shares NNS , , which WDT they PP already RB received VVD from IN the DT ascendant NN , , with IN regard NN possibly RB to TO the DT investments NNS and CC re NN investments NNS which WDT they PP may MD have VH made VVN in IN the DT interval NN . SENT The DT date NN of IN appraisal NN applicable JJ to TO an DT anticipated JJ partition NN shall MD also RB apply VV to TO the DT previous JJ gifts NNS which WDT are VBP thus RB incorporated VVN into IN it PP . SENT Any DT stipulation NN to TO the DT contrary NN shall MD be VB deemed VVN not RB written VVN . SENT Art NN . SENT 1078 CD 2 CD The DT parties NNS may MD also RB agree VV that IN a DT previous JJ gift NN over IN and CC above IN a DT donee's JJ share NN be VB incorporated VVN into IN a DT partition NN and CC appropriated VVN to TO the DT portion NN of IN the DT reserve NN of IN the DT donee NN as IN an DT advancement NN . SENT Art NN . SENT 1078 CD 3 CD The DT agreements NNS specified VVN in IN the DT two CD preceding JJ Articles NNS may MD take VV place NN even RB in IN the DT absence NN of IN new JJ gifts NNS of IN the DT ascendant NN . SENT They PP shall MD not RB be VB considered VVN as IN gratuitous JJ transfers NNS between IN descendants NNS but CC as IN a DT partition NN made VVN by IN the DT ascendant NN . SENT Section NP II NP Of IN Partitions NNS Made VVN by IN Wills NP Art NP . SENT 1079 CD A NP partition NN made VVD by IN a DT will NN produces VVZ only RB the DT effects NNS of IN a DT partition NN . SENT Its PP$ beneficiaries NNS have VHP the DT capacity NN of IN heirs NNS and CC may MD not RB forego VV availing VVG themselves PP of IN the DT will NN in IN order NN to TO claim VV a DT new JJ partition NN of IN the DT succession NN . SENT Art NN . SENT 1080 CD A NP child NN or CC descendant NN who WP did VVD not RB receive VV a DT share NN equal JJ to TO his PP$ portion NN of IN the DT reserve NN may MD bring VV an DT action NN for IN abatement NN in IN accordance NN with IN Article NP 1077 CD 2 CD . SENT CHAPTER NN VIII NP OF IN GIFTS NNS MADE VVN BY IN ANTE NN NUPTIAL JJ AGREEMENT NN TO TO SPOUSES NNS AND CC TO TO CHILDREN NNS TO TO BE VB BORN VVN OF IN THE DT MARRIAGE NN Art NN . SENT 1081 RB Every DT inter VV vivos NNS gift NN of IN existing VVG property NN , , although IN made VVN by IN an DT ante NN nuptial JJ agreement NN to TO the DT spouses NNS or CC to TO one CD of IN them PP , , is VBZ subject JJ to TO the DT general JJ rules NNS prescribed VVN for IN the DT gifts NNS made VVD as RB such JJ . SENT It PP may MD not RB take VV place NN for IN the DT benefit NN of IN children NNS to TO be VB born VVN except IN in IN the DT cases NNS stated VVN in IN Chapter NP VI NP of IN this DT Title NN . SENT Art NN . SENT 1082 CD The DT father NN and CC mother NN , , other JJ ascendants NNS , , collateral NN relatives NNS of IN the DT spouses NNS and CC even RB outsiders NNS may MD dispose VV of IN all DT or CC part NN of IN the DT property NN they PP will MD leave VV on IN the DT day NN of IN their PP$ death NN , , by IN an DT ante NN nuptial JJ agreement NN , , as RB well RB for IN the DT benefit NN of IN said VVN spouses NNS , , as RB for IN the DT benefit NN of IN children NNS to TO be VB born VVN of IN their PP$ marriage NN , , in IN case NN the DT donor NN would MD survive VV the DT donee NN spouse NN . SENT Such JJ gift NN , , although IN made VVN only RB for IN the DT benefit NN of IN the DT spouses NNS or CC of IN one CD of IN them PP , , shall MD always RB , , in IN the DT said VVN case NN of IN survival NN of IN the DT donor NN , , be VB presumed VVN made VVN for IN the DT benefit NN of IN the DT children NNS and CC descendants NNS to TO be VB born VVN of IN the DT marriage NN . SENT Art NN . SENT 1083 CD A NP gift NN , , in IN the DT form NN specified VVN in IN the DT preceding JJ Article NN , , is VBZ irrevocable JJ , , in IN this DT sense NN only RB that IN the DT donor NN may MD not RB dispose VV gratuitously RB of IN the DT property NN contained VVN in IN the DT gift NN , , with IN the DT exception NN of IN moderate JJ sums NNS , , by IN way NN of IN reimbursement NN or CC otherwise RB . SENT Art NN . SENT 1084 CD A DT gift NN by IN an DT ante NN nuptial JJ agreement NN may MD be VB done VVN cumulatively RB of IN existing JJ and CC future JJ property NN , , in IN all DT or CC in IN part NN , , provided VVD a DT statement NN of IN the DT debts NNS and CC charges NNS of IN the DT donor NN existing VVG at IN the DT time NN of IN the DT gift NN is VBZ annexed VVN to TO the DT instrument NN . SENT in IN which WDT case NN , , the DT donee NN shall MD be VB at IN liberty NN , , at IN the DT time NN of IN the DT death NN of IN the DT donor NN , , to TO retain VV the DT existing JJ property NN , , by IN waiving VVG the DT difference NN of IN the DT donor's JJ property NN . SENT Art NN . SENT 1085 CD Where WRB the DT statement NN mentioned VVN in IN the DT preceding JJ Article NN was VBD not RB annexed VVN to TO the DT instrument NN containing VVG a DT gift NN of IN the DT existing JJ and CC future JJ property NN , , a DT donee NN is VBZ obliged VVN to TO accept VV or CC repudiate VV that DT gift NN in IN whole NN . SENT In IN case NN of IN acceptance NN , , he PP may MD claim VV only RB the DT property NN existing VVG on IN the DT day NN of IN the DT death NN of IN the DT donor NN , , and CC he PP is VBZ liable JJ to TO pay VV all PDT the DT debts NNS and CC charges NNS of IN the DT succession NN . SENT Art NN . SENT 1086 CD A NP gift NN may MD also RB be VB made VVN by IN an DT ante NN nuptial JJ agreement NN in IN favour NN of IN the DT spouses NNS and CC of IN children NNS to TO be VB born VVN of IN their PP$ marriage NN , , subject JJ to TO the DT condition NN of IN paying VVG without IN distinction NN all RB the DT debts NNS and CC charges NNS of IN the DT succession NN of IN the DT donor NN , , or CC subject JJ to TO other JJ conditions NNS of IN which WDT the DT fulfilment NN depends VVZ upon IN his PP$ wish NN , , by IN whatever WDT person NN the DT gift NN is VBZ made VVN . SENT the DT donee NN is VBZ obliged VVN to TO fulfil VV the DT conditions NNS unless IN he PP prefers VVZ to TO renounce VV the DT gift NN . SENT and CC in IN case NN a DT donor NN by IN an DT ante NN nuptial JJ agreement NN has VHZ reserved VVN to TO himself PP the DT power NN to TO dispose VV of IN an DT article NN included VVD in IN the DT gift NN of IN his PP$ existing JJ property NN , , or CC of IN a DT fixed JJ sum NN to TO be VB taken VVN out RP of IN that DT same JJ property NN , , if IN he PP dies VVZ without IN having VHG disposed VVN of IN them PP , , the DT article NN or CC the DT sum NN shall MD be VB deemed VVN included VVN in IN the DT gift NN and CC shall MD belong VV to TO the DT donee NN or CC his PP$ heirs NNS . SENT Art NN . SENT 1087 CD Gifts NNS made VVN by IN an DT ante NN nuptial JJ agreement NN may MD not RB be VB attacked VVN or CC declared VVN void NN on IN the DT pretext NN of IN lack NN of IN acceptance NN . SENT Art NN . SENT 1088 CD Any DT gift NN made VVN in IN favour NN of IN a DT marriage NN lapses VVZ where WRB the DT marriage NN does VVZ not RB follow VV . SENT Art NN . SENT 1089 CD Gifts NNS made VVD to TO one CD of IN the DT spouses NNS , , under IN the DT terms NNS of IN Articles NNS 1082 CD , , 1084 CD and CC 1086 CD above RB , , lapse NN where WRB the DT donor NN survives VVZ the DT donee NN spouse NN and CC his PP$ or CC her PP$ descendants NNS . SENT Art NN . SENT 1090 CD All NP gifts NNS made VVD to TO spouses NNS by IN their PP$ ante NN nuptial JJ agreement NN are VBP , , when WRB the DT succession NN of IN the DT donor NN opens VVZ , , abatable VVZ up RP to TO the DT portion NN which WDT the DT law NN allows VVZ the DT donor NN to TO dispose VV of IN . SENT CHAPTER NN IX NP OF IN DISPOSITIONS NNS BETWEEN IN SPOUSES NNS , , EITHER CC BY IN ANTE NN NUPTIAL JJ AGREEMENT NN OR CC DURING IN MARRIAGE NN Art NN . SENT 1091 CD Spouses NNS may MD , , by IN an DT ante NN nuptial JJ agreement NN , , make VV to TO each DT other JJ , , or CC one CD to TO the DT other JJ , , such JJ gift NN as IN they PP deem VVP proper JJ , , under IN the DT amendments NNS hereafter RB laid VVN down RP . SENT Art NN . SENT 1092 RB Any DT inter VV vivos NNS gift NN of IN existing VVG property NN , , made VVN between IN spouses NNS by IN an DT ante NN nuptial JJ agreement NN shall MD not RB be VB deemed VVN made VVN under IN condition NN of IN survival NN of IN the DT donee NN where WRB that DT condition NN is VBZ not RB formally RB expressed VVN . SENT and CC it PP shall MD be VB subject JJ to TO all PDT the DT rules NNS and CC forms NNS above IN prescribed VVN for IN these DT kinds NNS of IN gifts NNS . SENT Art NN . SENT 1093 CD A DT gift NN of IN future JJ property NN , , or CC of IN existing JJ and CC future JJ property NN , , made VVN between IN spouses NNS by IN an DT ante NN nuptial JJ agreement NN , , either CC single JJ or CC reciprocal JJ , , shall MD be VB subject JJ to TO the DT rules NNS laid VVN down RP by IN the DT preceding JJ Chapter NN , , as RB regards VVZ similar JJ gifts NNS made VVN by IN a DT third JJ person NN , , except IN that WDT it PP may MD not RB pass VV to TO the DT children NNS born VVN of IN the DT marriage NN , , in IN case NN of IN death NN of IN the DT donee NN spouse NN before IN the DT donor NN spouse NN . SENT Art NN . SENT 1094 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD A NP spouse NN may MD , , either CC by IN an DT antenuptial JJ agreement NN , , or CC during IN marriage NN , , in IN case NN he PP or CC she PP leaves VVZ no DT legitimate JJ or CC illegitimate JJ children NNS or CC descendants NNS , , dispose VV in IN favour NN of IN the DT other JJ spouse NN in IN ownership NN , , of IN everything NN he PP or CC she PP may MD dispose VV of IN in IN favour NN of IN a DT stranger NN , , and CC , , in IN addition NN , , of IN the DT bare JJ ownership NN of IN the DT portion NN reserved VVN to TO ascendants NNS by IN Article NP 914 CD of IN this DT Code NP . SENT Art NN . SENT 1094 CD 1 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD Where WRB a DT spouse NN leaves VVZ children NNS or CC descendants NNS , , either CC legitimate JJ , , born VVN or CC not RB of IN the DT marriage NN , , or CC illegitimate JJ , , he PP or CC she PP may MD dispose VV in IN favour NN of IN the DT other JJ spouse NN , , either CC of IN ownership NN of IN what WP he PP or CC she PP may MD dispose VV of IN in IN favour NN of IN a DT stranger NN , , or CC of IN one CD fourth JJ of IN his PP$ property NN in IN ownership NN and CC of IN the DT other JJ three CD fourths NNS in IN usufruct NN , , or CC else RB of IN the DT totality NN of IN property NN in IN usufruct NN only RB . SENT Art NN . SENT 1094 CD 2 CD repealed VVN Art NN . SENT 1094 CD 3 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD Children NNS or CC descendants NNS may MD , , notwithstanding IN any DT stipulation NN of IN the DT disposing VVG party NN to TO the DT contrary NN , , require VV , , as RB to TO property NN subject NN to TO usufruct NN , , that IN an DT inventory NN of IN movables NNS as RB well RB as IN a DT statement NN of IN immovables NNS be VB drawn VVN up RP , , that IN funds NNS be VB invested VVN and CC that IN bearer NN securities NNS be VB , , at IN the DT choice NN of IN the DT usufructuary NN , , converted VVN into IN registered JJ securities NNS or CC deposited VVN with IN an DT accredited VVN depositary NN . SENT Art NN . SENT 1095 CD A NP minor NN may MD , , by IN an DT ante NN nuptial JJ agreement NN , , donate VVP to TO the DT other JJ spouse NN , , either CC by IN a DT single JJ gift NN or CC by IN a DT reciprocal JJ gift NN , , only RB with IN the DT consent NN and CC assistance NN of IN those DT whose WP$ consent NN is VBZ required VVN for IN the DT validity NN of IN the DT marriage NN . SENT and CC with IN that DT consent NN , , he PP may MD donate VV everything NN the DT law NN allows VVZ a DT spouse NN of IN full JJ age NN to TO donate VV to TO the DT other JJ spouse NN . SENT Art NN . SENT 1096 CD Act NP of IN 18 CD Feb NN . SENT 1938 CD All NP gifts NNS made VVN between IN spouses NNS , , during IN the DT marriage NN , , although IN named VVD inter VV vivos NNS , , are VBP always RB revocable JJ . SENT repealed VVN Those DT gifts NNS are VBP not RB revoked VVN by IN the DT unforeseen JJ birth NN of IN children NNS . SENT Art NN . SENT 1097 CD and CC 1097 CD 1 CD repealed VVN Art NN . SENT 1098 CD Act NP n NN 72 CD 3 CD of IN 3 CD Jan NP . SENT 1972 CD Where WRB a DT remarried VVN spouse NN made VVD , , to TO his PP$ or CC her PP$ second JJ spouse NN , , within IN the DT limits NNS of IN Article NP 1094 CD 1 CD , , a DT gratuitous JJ transfer NN in IN ownership NN , , each DT child NN of IN the DT first JJ bed NN has VHZ , , so RB far RB as IN he PP is VBZ concerned JJ , , unless IN otherwise RB unequivocally RB directed VVN by IN the DT disposing VVG party NN , , the DT power NN to TO substitute VV to TO the DT fulfilment NN of IN that DT transfer NN the DT waiver NN of IN the DT usufruct NN of IN the DT share NN of IN succession NN he PP would MD have VH received VVN failing VVG a DT surviving VVG spouse NN . SENT Those DT who WP have VHP exercised VVN that DT power NN may MD require VV the DT application NN of IN the DT provisions NNS of IN Article NP 1094 CD 3 CD . SENT Art NN . SENT 1099 CD Spouses NNS may MD not RB indirectly RB donate VV to TO each DT other NN more RBR what WP they PP are VBP allowed VVN by IN the DT above JJ provisions NNS . SENT Any DT gift NN , , whether IN disguised VVN or CC made VVN to TO intermediaries NNS , , is VBZ void JJ . SENT Art NN . SENT 1099 CD 1 CD Act NP n NN 67 CD 1179 CD of IN 28 CD Dec NP . SENT 1967 CD Where WRB a DT spouse NN acquires VVZ a DT property NN with IN funds NNS which WDT were VBD donated VVN to TO him PP or CC her PP$ by IN the DT other JJ for IN that DT purpose NN , , the DT gift NN is VBZ only RB of IN the DT funds NNS and CC not RB of IN the DT property NN in IN which WDT they PP were VBD invested VVN . SENT In IN that DT case NN , , the DT rights NNS of IN the DT donor NN or CC of IN his PP$ or CC her PP$ heirs NNS have VHP as IN their PP$ subject JJ matter NN a DT sum NN of IN money NN according VVG to TO the DT present JJ value NN of IN the DT property NN . SENT Where WRB the DT property NN has VHZ been VBN transferred VVN , , one PP considers VVZ the DT value NN it PP had VHD on IN the DT day NN of IN the DT transfer NN , , and CC where WRB a DT new JJ property NN has VHZ been VBN substituted VVN to TO the DT property NN transferred VVD , , the DT value NN of IN that DT new JJ property NN . SENT Art NN . SENT 1100 CD repealed VVN TITLE NN III NP OF IN CONTRACTS NNS OR CC OF IN CONVENTIONAL JJ OBLIGATIONS NNS IN IN GENERAL NP CHAPTER NN I NN PRELIMINARY JJ PROVISIONS NNS Art NN . SENT 1101 CD A NP contract NN is VBZ an DT agreement NN by IN which WDT one CD or CC several JJ persons NNS bind NN themselves PP , , towards IN one CD or CC several JJ others NNS , , to TO transfer VV , , to TO do VV or CC not RB to TO do VV something NN . SENT Art NN . SENT 1102 CD A NP contract NN is VBZ synallagmatic JJ or CC bilateral JJ where WRB the DT contracting NN parties NNS bind NN themselves PP mutually RB towards IN each DT other JJ . SENT Art NN . SENT 1103 CD It PP is VBZ unilateral JJ where WRB one CD or CC more JJR persons NNS are VBP bound VVN towards IN one CD or CC several JJ others NNS , , without IN there RB being VBG any DT obligation NN on IN the DT part NN of IN the DT latter NN . SENT Art NN . SENT 1104 CD It PP is VBZ commutative JJ where WRB each DT party NN binds VVZ himself PP to TO transfer VV or CC do VV a DT thing NN which WDT is VBZ considered VVN as IN the DT equivalent NN of IN what WP is VBZ transferred VVN to TO him PP or CC of IN what WP is VBZ done VVN for IN him PP . SENT Where WRB the DT equivalent NN consists VVZ in IN a DT chance NN of IN gain NN or CC of IN loss NN for IN each DT party NN , , depending VVG upon IN an DT uncertain JJ event NN , , a DT contract NN is VBZ aleatory JJ . SENT Art NN . SENT 1105 CD A DT contract NN of IN benevolence NN is VBZ one CD by IN which WDT one CD of IN the DT parties NNS procures VVZ a DT purely RB gratuitous JJ advantage NN to TO the DT other JJ . SENT Art NN . SENT 1106 CD A DT contract NN for IN value NN is VBZ one NN which WDT obliges VVZ each DT party NN to TO transfer VV or CC do VV something NN . SENT Art NN . SENT 1107 CD Contracts NNS , , whether IN they PP have VHP a DT specific JJ denomination NN or CC not RB , , are VBP subject JJ to TO general JJ rules NNS , , which WDT are VBP the DT subject JJ matter NN of IN this DT Title NN . SENT Particular JJ rules NNS for IN certain JJ contracts NNS are VBP laid VVN down RP under IN the DT Titles NNS relating VVG to TO each DT of IN them PP . SENT and CC the DT particular JJ rules NNS for IN commercial JJ transactions NNS are VBP laid VVN down RP by IN the DT legislation NN that WDT relates VVZ to TO commerce NN . SENT CHAPTER NN II NP OF IN THE DT ESSENTIAL JJ REQUISITES NNS FOR IN THE DT VALIDITY NN OF IN AGREEMENTS NNS Art NN . SENT 1108 CD Four NP requisites NNS are VBP essential JJ for IN the DT validity NN of IN an DT agreement NN . SENT The DT consent NN of IN the DT party NN who WP binds VVZ himself PP . SENT His PP$ capacity NN to TO contract NN . SENT A DT definite JJ object NN which WDT forms VVZ the DT subject JJ matter NN of IN the DT undertaking NN . SENT A DT lawful JJ cause NN in IN the DT obligation NN . SENT Section NP I NP Of IN Consent NP Art NP . SENT 1109 RB There EX is VBZ no DT valid JJ consent NN , , where WRB the DT consent NN was VBD given VVN only RB by IN error NN , , or CC where WRB it PP was VBD extorted VVD by IN duress NN or CC abused VVN by IN deception NN . SENT Art NN . SENT 1110 CD Error NN is VBZ a DT ground NN for IN annulment NN of IN an DT agreement NN only RB where WRB it PP rests VVZ on IN the DT very JJ substance NN of IN the DT thing NN which WDT is VBZ the DT object NN thereof RB . SENT It PP is VBZ not RB a DT ground NN for IN annulment NN where WRB it PP only RB rests VVZ on IN the DT person NN with IN whom WP one PP has VHZ the DT intention NN of IN contracting NN , , unless IN regard NN to TO for IN that DT person NN was VBD the DT main JJ cause NN of IN the DT agreement NN . SENT Art NN . SENT 1111 CD Duress NN exerted VVN against IN the DT person NN who WP has VHZ contracted VVN the DT obligation NN is VBZ a DT ground NN for IN annulment NN even RB though IN it PP was VBD exerted VVN by IN a DT third JJ party NN different JJ from IN the DT one NN for IN whose WP$ benefit NN the DT agreement NN was VBD made VVN . SENT Art NN . SENT 1112 RB There EX is VBZ duress NN where WRB it PP is VBZ of IN a DT nature NN to TO make VV an DT impression NN upon IN a DT reasonable JJ person NN and CC where WRB it PP can MD inspire VV him PP with IN a DT fear NN of IN exposing VVG his PP$ person NN or CC his PP$ wealth NN to TO considerable JJ and CC present JJ harm NN . SENT Regard NN shall MD be VB paid VVN , , on IN this DT question NN , , to TO the DT age NN , , the DT sex NN and CC the DT condition NN of IN the DT persons NNS . SENT Art NN . SENT 1113 CD Duress NN is VBZ a DT ground NN for IN annulment NN of IN a DT contract NN , , where WRB it PP is VBZ exerted VVN not RB only RB against IN a DT contracting NN party NN , , but CC also RB against IN the DT party's JJ spouse NN , , against IN his PP$ or CC her PP$ descendants NNS or CC ascendants NNS . SENT Art NN . SENT 1114 CD Reverential JJ fear NN alone RB towards IN a DT father NN , , mother NN or CC other JJ ascendant NN , , without IN any DT duress NN being VBG exerted VVN , , may MD not RB suffice VV to TO annul VV a DT contract NN . SENT Art NN . SENT 1115 CD A NP contract NN may MD no RB longer RBR be VB attacked VVN on IN the DT ground NN of IN duress NN where WRB , , since IN duress NN has VHZ ceased VVN , , that DT contract NN has VHZ been VBN approved VVN , , either CC expressly RB , , or CC by IN conduct NN , , or CC in IN letting VVG the DT time NN fixed VVN by IN law NN for IN restitution NN elapse VV . SENT Art NN . SENT 1116 CD Deception NP is VBZ a DT ground NN for IN annulment NN of IN a DT contract NN where WRB the DT schemes NNS used VVN by IN one CD of IN the DT parties NNS are VBP such JJ that IN it PP is VBZ obvious JJ that WDT , , without IN them PP , , the DT other JJ party NN would MD not RB have VH entered VVN into IN the DT contract NN . SENT It PP may MD not RB be VB presumed VVN , , and CC must MD be VB proved VVN . SENT Art NN . SENT 1117 CD An DT agreement NN entered VVD into IN by IN error NN , , duress NN or CC deception NN is VBZ not RB void JJ by IN operation NN of IN law NN . SENT it PP only RB gives VVZ rise NN to TO an DT action NN for IN annulment NN or CC rescission NN , , in IN the DT cases NNS and CC in IN the DT manner NN explained VVD in IN Section NP VII NP of IN Chapter NP V NN of IN this DT Title NN . SENT Art NN . SENT 1118 CD Loss NN vitiates VVZ agreements NNS only RB in IN certain JJ contracts NNS and CC with IN regard NN to TO certain JJ persons NNS , , as RB will MD be VB explained VVN in IN the DT same JJ Section NN . SENT Art NN . SENT 1119 CD As IN a DT rule NN , , one PP may MD , , bind NN oneself PP and CC stipulate VV in IN his PP$ own JJ name NN , , only RB for IN oneself PP . SENT Art NN . SENT 1120 CD One CD may MD , , nevertheless RB stand VVP guarantee NN for IN a DT third JJ party NN , , by IN promising VVG his PP$ acting NN . SENT subject JJ to TO a DT compensation NN against IN him PP who WP stood VVD guarantee NN or CC promised VVD to TO obtain VV ratification NN , , where WRB the DT third JJ party NN refuses VVZ to TO keep VV the DT undertaking NN . SENT Art NN . SENT 1121 CD One CD may MD likewise RB stipulate VV for IN the DT benefit NN of IN a DT third JJ party NN , , where WRB it PP is VBZ the DT condition NN of IN a DT stipulation NN which WDT one PP makes VVZ for IN oneself PP or CC of IN a DT gift NN which WDT one PP makes VVZ to TO another DT . SENT He PP who WP made VVD that DT stipulation NN may MD no RB longer RB revoke VV it PP , , where WRB the DT third JJ party NN declares VVZ that IN he PP wishes VVZ to TO take VV advantage NN of IN it PP . SENT Art NN . SENT 1122 CD One CD is VBZ deemed VVN to TO have VH stipulated VVD for IN himself PP and CC for IN his PP$ heirs NNS and CC assigns VVZ , , unless IN the DT contrary NN is VBZ expressed VVN or CC results NNS from IN the DT nature NN of IN the DT agreement NN . SENT Section NP II NP Of IN the DT Capacity NN of IN Contracting NN Parties NNS Art NN . SENT 1123 CD Any DT person NN may MD enter VV into IN a DT contract NN , , unless IN he PP has VHZ been VBN declared VVN incapable JJ of IN it PP by IN law NN . SENT Art NN . SENT 1124 CD Act NP n NN 68 CD 5 CD of IN 3 CD Jan NP . SENT 1968 RB Are VBP incapable JJ of IN entering VVG into IN a DT contract NN , , to TO the DT extent NN defined VVN by IN law NN . SENT Non JJ emancipated VVN minors NNS . SENT Adults NNS protected VVN within IN the DT meaning NN of IN Article NP 488 CD of IN this DT Code NP . SENT Art NN . SENT 1125 CD Act NP n NN 68 CD 5 CD of IN 3 CD Jan NP . SENT 1968 CD Persons NP capable JJ of IN binding VVG themselves PP may MD not RB set VV up RP the DT incapacity NN of IN those DT with IN whom WP they PP have VHP made VVN a DT contract NN . SENT Art NN . SENT 1125 CD 1 CD Act NP n NN 68 CD 5 CD of IN 3 CD Jan NP . SENT 1968 CD Except IN for IN authorization NN by IN court NN , , it PP is VBZ forbidden VVN , , on IN pain NN of IN annulment NN , , for IN whomever NN exercises VVZ a DT function NN or CC fills VVZ an DT employment NN in IN an DT institution NN sheltering VVG elderly JJ persons NNS or CC dispensing VVG psychiatric JJ care NN , , to TO stand VV as IN purchaser NN of IN a DT property NN or CC assignee NN of IN a DT right NN belonging VVG to TO a DT person NN admitted VVD to TO the DT institution NN , , or CC to TO take VV on IN lease NN lodgings NNS occupied VVN by IN that DT person NN before IN his PP$ admission NN to TO the DT institution NN . SENT For IN the DT implementation NN of IN this DT Article NP , , shall MD be VB deemed VVN intermediaries NNS , , the DT spouse NN , , ascendants NNS and CC descendants NNS of IN the DT persons NNS to TO whom WP the DT above RB enacted VVN prohibitions NNS apply VVP . SENT Section NP III NP Of IN the DT Object NN and CC Subject JJ Matter NP of IN Contracts NPS Art NP . SENT 1126 CD Any DT contract NN has VHZ for IN its PP$ object NN a DT thing NN which WDT one CD party NN binds VVZ himself PP to TO transfer VV , , or CC which WDT one CD party NN binds VVZ himself PP to TO do VV or CC not RB to TO do VV . SENT Art NN . SENT 1127 RB The DT mere JJ use NN or CC the DT mere JJ possession NN of IN a DT thing NN may MD be VB the DT object NN of IN a DT contract NN , , like IN the DT thing NN itself PP . SENT Art NN . SENT 1128 CD Only JJ things NNS which WDT may MD be VB the DT subject JJ matter NN of IN legal JJ transactions NNS between IN private JJ individuals NNS may MD be VB the DT object NN of IN agreements NNS . SENT Art NN . SENT 1129 CD An DT obligation NN must MD have VH for IN its PP$ object NN a DT thing NN determined VVN at IN least JJS as RB to TO its PP$ kind NN . SENT The DT quantity NN of IN the DT thing NN may MD be VB uncertain JJ , , provided VVD it PP can MD be VB determined VVN . SENT Art NN . SENT 1130 CD Future JJ things NNS may MD be VB the DT object NN of IN an DT obligation NN . SENT One PP may MD not RB however RB renounce VV a DT succession NN which WDT is VBZ not RB open JJ , , or CC make VV any DT stipulation NN with IN respect NN to TO such JJ succession NN , , even RB with IN the DT consent NN of IN him PP whose WP$ succession NN is VBZ concerned VVN . SENT Section NP IV NP Of IN Cause NP Art NP . SENT 1131 CD An DT obligation NN without IN cause NN or CC with IN a DT false JJ cause NN , , or CC with IN an DT unlawful JJ cause NN , , may MD not RB have VH any DT effect NN . SENT Art NN . SENT 1132 CD An DT agreement NN is VBZ nevertheless RB valid JJ , , although IN its PP$ cause NN is VBZ not RB expressed VVN . SENT Art NN . SENT 1133 CD A NP cause NN is VBZ unlawful JJ where WRB it PP is VBZ prohibited VVN by IN legislation NN , , where WRB it PP is VBZ contrary JJ to TO public JJ morals NNS or CC to TO public JJ policy NN . SENT CHAPTER NN III NP OF IN THE DT EFFECT NN OF IN OBLIGATIONS NNS Section NP I NP General NP Provisions NNS Art NN . SENT 1134 CD Agreements NNS lawfully RB entered VVD into IN take VVP the DT place NN of IN the DT law NN for IN those DT who WP have VHP made VVN them PP . SENT They PP may MD be VB revoked VVN only RB by IN mutual JJ consent NN , , or CC for IN causes NNS authorized VVN by IN law NN . SENT They PP must MD be VB performed VVN in IN good JJ faith NN . SENT Art NN . SENT 1135 CD Agreements NNS are VBP binding VVG not RB only RB as IN to TO what WP is VBZ therein RB expressed VVN , , but CC also RB as IN to TO all PDT the DT consequences NNS which WDT equity NN , , usage NN or CC statute NN give VVP to TO the DT obligation NN according VVG to TO its PP$ nature NN . SENT Section NP II NP Of IN the DT Obligation NN to TO Transfer VV Art NN . SENT 1136 CD An DT obligation NN to TO transfer VV carries VVZ that IN of IN delivering VVG the DT thing NN and CC of IN keeping VVG it PP until IN delivery NN , , on IN pain NN of IN damages NNS to TO the DT creditor NN . SENT Art NN . SENT 1137 CD An DT obligation NN to TO watch VV over RP the DT preservation NN of IN a DT thing NN , , whether IN the DT agreement NN has VHZ as IN its PP$ object NN the DT profit NN of IN one CD party NN , , or CC it PP has VHZ as IN its PP$ object NN their PP$ common JJ profit NN , , compels VVZ the DT one NN who WP is VBZ responsible JJ to TO give VV it PP all PDT the DT care NN of IN a DT prudent JJ administrator NN . SENT That DT obligation NN is VBZ more JJR or CC less RBR extensive JJ as RB regards VVZ certain JJ contracts NNS , , whose WP$ effects NNS , , in IN this DT respect NN , , are VBP explained VVN under IN the DT Titles NNS which WDT relate VVP to TO them PP . SENT Art NN . SENT 1138 CD An DT obligation NN of IN delivering VVG a DT thing NN is VBZ complete JJ by IN the DT sole JJ consent NN of IN the DT contracting NN parties NNS . SENT It PP makes VVZ the DT creditor NN the DT owner NN and CC places VVZ the DT thing NN at IN his PP$ risks NNS from IN the DT time NN when WRB it PP should MD have VH been VBN delivered VVN , , although IN the DT handing VVG over RB has VHZ not RB been VBN made VVN , , unless IN the DT debtor NN has VHZ been VBN given VVN notice NN to TO deliver VV . SENT in IN which WDT case NN , , the DT thing NN remains VVZ at IN the DT risk NN of IN the DT latter NN . SENT Art NN . SENT 1139 CD A NP debtor NN is VBZ given VVN notice NN of IN default NN either CC through IN a DT demand NN or CC other JJ equivalent JJ act NN such JJ as IN a DT letter NN missive NN , , where WRB a DT sufficient JJ requisition NN results NNS from IN its PP$ terms NNS Act NP n NN 91 CD 650 CD of IN 9 CD July NP 1991 CD , , or CC by IN the DT effect NN of IN the DT agreement NN where WRB it PP provides VVZ that IN the DT debtor NN will MD be VB put VVN in IN default NN without IN any DT notice NN and CC through IN the DT mere JJ expiry NN of IN time NN . SENT Art NN . SENT 1140 CD The NP effects NNS of IN an DT obligation NN to TO convey VV or CC deliver VV an DT immovable JJ are VBP regulated VVN in IN the DT Title NN Of IN Sales NNS and CC in IN the DT Title NN Of IN Prior RB Charges NNS and CC Mortgages NNS . SENT Art NN . SENT 1141 CD Where WRB a DT thing NN which WDT one PP is VBZ bound VVN to TO transfer VV or CC deliver VV to TO two CD persons NNS successively RB is VBZ purely RB movable JJ , , the DT one NN of IN the DT two CD who WP has VHZ been VBN put VVN in IN actual JJ possession NN is VBZ preferred JJ and CC remains VVZ owner NN of IN it PP , , although IN his PP$ title NN is VBZ subsequent JJ as RB to TO date NN , , provided VVN however RB that IN the DT possession NN is VBZ in IN good JJ faith NN . SENT Section NP III NP Of IN the DT Obligation NN to TO Do VV or CC not RB to TO Do VV Art NN . SENT 1142 CD Any DT obligation NN to TO do VV or CC not RB to TO do VV resolves VVZ itself PP into IN damages NNS , , in IN case NN of IN non JJ performance NN on IN the DT part NN of IN the DT debtor NN . SENT Art NN . SENT 1143 CD Nevertheless RB , , a DT creditor NN is VBZ entitled VVN to TO request VV that IN what WP has VHZ been VBN done VVN through IN breach NN of IN the DT undertaking NN be VB destroyed VVN . SENT and CC he PP may MD have VH himself PP authorized VVN to TO destroy VV it PP at IN the DT expense NN of IN the DT debtor NN , , without IN prejudice NN to TO damages NNS , , if IN there EX is VBZ occasion NN . SENT Art NN . SENT 1144 CD A NP creditor NN may MD also RB , , in IN case NN of IN non JJ performance NN , , be VB authorized VVN to TO have VH the DT obligation NN performed VVD himself PP , , at IN the DT debtor's JJ expense NN . SENT The DT latter NN may MD be VB ordered VVN to TO advance VV the DT sums NNS necessary JJ for IN that DT performance NN Act NP n NN 91 CD 650 CD of IN 9 CD July NP 1991 CD . SENT Art NN . SENT 1145 CD Where WRB there EX is VBZ an DT obligation NN not RB to TO do VV , , he PP who WP violates VVZ it PP owes VVZ damages NNS by IN the DT mere JJ fact NN of IN the DT violation NN . SENT Section NP IV NP Of IN Damages NNS Resulting VVG from IN the DT Non JJ Performance NN of IN Obligations NNS Art NN . SENT 1146 CD Damages NNS are VBP due JJ only RB where WRB a DT debtor NN is VBZ given VVN notice NN to TO fulfil VV his PP$ obligation NN , , except IN nevertheless RB where WRB the DT thing NN which WDT the DT debtor NN has VHZ bound VVN himself PP to TO transfer VV or CC to TO do VV could MD be VB transferred VVN or CC done VVN only RB within IN a DT certain JJ time NN which WDT he PP has VHZ allowed VVN to TO elapse VV . SENT Notice NN of IN default NN may MD follow VV from IN a DT letter NN missive NN where WRB a DT sufficient JJ requisition NN results NNS from IN it PP Act NP n NN 91 CD 650 CD of IN 9 CD July NP 1991 CD . SENT Art NN . SENT 1147 CD A NP debtor NN shall MD be VB ordered VVN to TO pay VV damages NNS , , if IN there EX is VBZ occasion NN , , either CC by IN reason NN of IN the DT non JJ performance NN of IN the DT obligation NN , , or CC by IN reason NN of IN delay NN in IN performing VVG , , whenever WRB he PP does VVZ not RB prove VV that IN the DT non JJ performance NN comes VVZ from IN an DT external JJ cause NN which WDT may MD not RB be VB ascribed VVN to TO him PP , , although IN there EX is VBZ no DT bad JJ faith NN on IN his PP$ part NN . SENT Art NN . SENT 1148 RB There EX is VBZ no DT occasion NN for IN any DT damages NNS where WRB a DT debtor NN was VBD prevented VVN from IN transferring VVG or CC from IN doing VVG that IN to TO which WDT he PP was VBD bound VVN , , or CC did VVD what WP was VBD forbidden VVN to TO him PP , , by IN reason NN of IN force NN majeure NN or CC of IN a DT fortuitous JJ event NN . SENT Art NN . SENT 1149 CD Damages NNS due JJ to TO a DT creditor NN are VBP , , as IN a DT rule NN , , for IN the DT loss NN which WDT he PP has VHZ suffered VVN and CC the DT profit NN which WDT he PP has VHZ been VBN deprived VVN of IN , , subject JJ to TO the DT exceptions NNS and CC modifications NNS below RB . SENT Art NN . SENT 1150 CD A NP debtor NN is VBZ liable JJ only RB for IN damages NNS which WDT were VBD foreseen VVN or CC which WDT could MD have VH been VBN foreseen VVN at IN the DT time NN of IN the DT contract NN , , where WRB it PP is VBZ not RB through IN his PP$ own JJ intentional JJ breach NN that IN the DT obligation NN is VBZ not RB fulfilled VVN . SENT Art NN . SENT 1151 CD Even RB in IN the DT case NN where WRB the DT non JJ performance NN of IN the DT agreement NN is VBZ due JJ to TO the DT debtor's JJ intentional JJ breach NN , , damages NNS may MD include VV , , with IN respect NN to TO the DT loss NN suffered VVD by IN the DT creditor NN and CC the DT profit NN which WDT he PP has VHZ been VBN deprived VVN of IN , , only RB what WP is VBZ an DT immediate JJ and CC direct JJ consequence NN of IN the DT non JJ performance NN of IN the DT agreement NN . SENT Art NN . SENT 1152 CD Where WRB an DT agreement NN provides VVZ that IN he PP who WP fails VVZ to TO perform VV it PP will MD pay VV a DT certain JJ sum NN as IN damages NNS , , the DT other JJ party NN may MD not RB be VB awarded VVN a DT greater JJR or CC lesser JJR sum NN . SENT Act NP n NN 75 CD 597 CD of IN 9 CD July NP 1975 CD Nevertheless RB , , the DT judge NN may MD even RB of IN his PP$ own JJ motion NN Act NP n NN 85 CD 1097 CD of IN 11 CD Oct NP . SENT 1985 CD moderate JJ or CC increase VV the DT agreed VVN penalty NN , , where WRB it PP is VBZ obviously RB excessive JJ or CC ridiculously RB low JJ . SENT Any DT stipulation NN to TO the DT contrary NN shall MD be VB deemed VVN unwritten JJ . SENT Art NN . SENT 1153 CD Act NP n NN 75 CD 619 CD of IN 11 CD July NP 1975 CD In IN obligations NNS which WDT are VBP restricted VVN to TO the DT payment NN of IN a DT certain JJ sum NN , , the DT damages NNS resulting VVG from IN delay NN in IN performance NN shall MD consist VV only RB in IN awarding VVG interests NNS at IN the DT statutory JJ rate NN , , except IN for IN special JJ rules NNS for IN commerce NN and CC suretyship NN . SENT Ord NP . SENT n NN 59 CD 148 CD of IN 7 CD Jan NP . SENT 1959 RB Those DT damages NNS are VBP due JJ without IN the DT creditor NN having VHG to TO prove VV any DT loss NN . SENT Act NP n NN 75 CD 619 CD of IN 11 CD July NP 1975 CD They PP are VBP due RB only RB from IN the DT day NN of IN a DT demand NN for IN payment NN or CC of IN another DT equivalent JJ act NN such JJ as IN a DT letter NN missive NN where WRB a DT sufficient JJ requisition NN results NNS from IN it PP Act NP n NN 92 CD 644 CD of IN 13 CD July NP 1992 CD , , except IN in IN the DT case NN where WRB the DT law NN makes VVZ them PP run VV as IN a DT matter NN of IN right NN . SENT Act NN of IN 7 CD April NP 1900 CD A DT creditor NN to TO whom WP his PP$ debtor NN in IN delay NN has VHZ caused VVN , , by IN his PP$ bad JJ faith NN , , a DT loss NN independent JJ of IN that DT delay NN may MD obtain VV damages NNS distinct JJ from IN the DT interest NN on IN arrears NNS of IN the DT debt NN . SENT Art NN . SENT 1153 CD 1 CD Act NP n NN 85 CD 677 CD of IN 5 CD July NP 1985 CD In IN all DT matters NNS , , the DT award NN of IN a DT compensation NN involves VVZ interest NN at IN the DT statutory JJ rate NN even RB failing VVG a DT claim NN or CC a DT specific JJ provision NN in IN the DT judgment NN . SENT Save VV as RB otherwise RB provided VVN by IN legislation NN , , that DT interest NN runs VVZ from IN the DT handing VVG down RP of IN the DT judgment NN unless IN the DT judge NN otherwise RB rules VVZ . SENT In IN case NN a DT udgment NN allowing VVG an DT indemnity NN for IN compensation NN of IN a DT loss NN is VBZ unreservedly RB affirmed VVD by IN an DT appellate JJ judge NN , , the DT determination NN as IN a DT matter NN of IN law NN produces VVZ interest NN as IN from IN the DT judgment NN of IN first JJ instance NN . SENT In IN the DT other JJ cases NNS , , an DT indemnity NN allowed VVN on IN appeal NN produces VVZ interest NN from IN the DT judgment NN given VVN in IN appeal NN . SENT The DT appellate JJ judge NN may MD always RB derogate VV from IN the DT provisions NNS of IN this DT paragraph NN . SENT Art NN . SENT 1154 CD Interests NNS due JJ on IN capital NN may MD produce VV interest NN , , either CC by IN a DT judicial JJ claim NN , , or CC by IN a DT special JJ agreement NN , , provided VVN that IN , , either CC in IN the DT claim NN , , or CC in IN the DT agreement NN , , the DT interest NN concerned JJ be VB owed VVN at IN least JJS for IN one CD whole JJ year NN . SENT Art NN . SENT 1155 CD Nevertheless RB , , the DT revenue NN owed VVD , , such JJ as IN farm NN rents NNS , , rents NNS , , arrearages NNS of IN perpetual JJ or CC life NN annuities NNS , , produce VV interest NN from IN the DT day NN of IN the DT claim NN or CC of IN the DT agreement NN . SENT The DT same JJ rule NN shall MD apply VV to TO the DT restitution NN of IN fruits NNS and CC to TO interest VV paid VVN by IN a DT third JJ party NN to TO a DT creditor NN on IN behalf NN of IN the DT debtor NN . SENT Section NN V NN Of IN the DT Interpretation NN of IN Agreements NNS Art NN . SENT 1156 CD One PP must MD in IN agreements NNS seek VVP what WP the DT common JJ intention NN of IN the DT contracting NN parties NNS was VBD , , rather RB than IN pay NN attention NN to TO the DT literal JJ meaning NN of IN the DT terms NNS . SENT Art NN . SENT 1157 CD Where WRB a DT clause NN admits VVZ of IN two CD meanings NNS , , one PP shall MD rather RB understand VV it PP in IN the DT one NN with IN which WDT it PP may MD have VH some DT effect NN , , than IN in IN the DT meaning NN with IN which WDT it PP could MD not RB produce VV any DT . SENT Art NN . SENT 1158 CD Terms NNS which WDT admit VVP of IN two CD meanings NNS shall MD be VB taken VVN in IN the DT meaning NN which WDT best JJS suits NNS the DT subject JJ matter NN of IN the DT contract NN . SENT Art NN . SENT 1159 CD What WP is VBZ ambiguous JJ shall MD be VB interpreted VVN by IN what WP is VBZ in IN use NN in IN the DT region NN where WRB the DT contract NN was VBD made VVN . SENT Art NN . SENT 1160 CD Terms NNS which WDT are VBP customary JJ shall MD be VB supplemented VVN in IN the DT contract NN , , even RB though IN they PP are VBP not RB expressed VVN there RB . SENT Art NN . SENT 1161 RB All PDT the DT clauses NNS of IN an DT agreement NN are VBP to TO be VB interpreted VVN with IN reference NN to TO one CD another DT by IN giving VVG to TO each DT one NN the DT meaning NN which WDT results VVZ from IN the DT whole JJ instrument NN . SENT Art NN . SENT 1162 CD In IN case NN of IN doubt NN , , an DT agreement NN shall MD be VB interpreted VVN against IN the DT one NN who WP has VHZ stipulated VVD , , and CC in IN favour NN of IN the DT one NN who WP has VHZ contracted VVN the DT obligation NN . SENT Art NN . SENT 1163 CD However RB general JJ the DT terms NNS in IN which WDT an DT agreement NN is VBZ phrased VVN may MD be VB , , it PP shall MD include VV only RB the DT things NNS upon IN which WDT the DT parties NNS appear VVP to TO have VH intended VVN to TO contract NN . SENT Art NN . SENT 1164 CD Where WRB in IN a DT contract NN one NN case NN was VBD expressed VVN for IN explaining VVG the DT obligation NN , , it PP shall MD not RB be VB deemed VVN that IN it PP was VBD thereby RB intended VVN to TO reduce VV the DT scope NN of IN the DT agreement NN which WDT extends VVZ as RB of IN right NN to TO cases NNS not RB expressed VVD . SENT Section NP VI NP Of IN the DT Effect NN of IN Agreements NNS with IN Respect NN to TO Third JJ Parties NNS Art NN . SENT 1165 CD Agreements NNS produce VVP effect NN only RB between IN the DT contracting NN parties NNS . SENT they PP do VVP not RB harm VV a DT third JJ party NN , , and CC they PP benefit VVP him PP only RB in IN the DT case NN provided VVD for IN in IN Article NP 1121 CD . SENT Art NN . SENT 1166 CD Nevertheless RB , , creditors NNS may MD exercise VV their PP$ debtor's NN rights NNS and CC actions NNS , , except IN those DT which WDT are VBP exclusively RB dependent JJ on IN the DT person NN . SENT Art NN . SENT 1167 CD They PP may MD also RB , , on IN their PP$ own JJ behalf NN , , attack NN transactions NNS made VVN by IN their PP$ debtor NN in IN fraud NN of IN their PP$ rights NNS . SENT Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD They PP shall MD nevertheless RB , , as RB to TO those DT of IN their PP$ rights NNS which WDT are VBP laid VVN down RP in IN the DT Title NN Of IN Ante NN nuptial JJ Agreement NN and CC of IN Matrimonial JJ Regimes NNS , , comply VV with IN the DT rules NNS therein RB prescribed VVN . SENT CHAPTER NN IV NP OF IN THE DT VARIOUS JJ KINDS NNS OF IN OBLIGATIONS NNS Section NN I NN Of IN Conditional JJ Obligations NNS 1 CD Of IN Condition NN in IN General NP and CC of IN its PP$ Various JJ Kinds NNS Art NN . SENT 1168 CD An DT obligation NN is VBZ conditional JJ where WRB it PP is VBZ made VVN to TO depend VV upon IN a DT future JJ and CC uncertain JJ event NN , , either CC by IN suspending VVG it PP until IN the DT event NN happens VVZ , , or CC by IN cancelling VVG it PP , , according VVG to TO whether IN the DT event NN happens VVZ or CC not RB . SENT Art NN . SENT 1169 CD A NP casual JJ condition NN is VBZ one NN which WDT depends VVZ upon IN chance NN and CC which WDT is VBZ in IN no DT way NN in IN the DT power NN of IN the DT creditor NN or CC of IN the DT debtor NN . SENT Art NN . SENT 1170 CD A NP potestative JJ condition NN is VBZ one NN which WDT makes VVZ the DT fulfilment NN of IN the DT agreement NN depend VVP upon IN an DT event NN which WDT one PP or CC the DT other JJ of IN the DT contracting NN parties NNS has VHZ the DT power NN to TO make VV happen VV or CC to TO prevent VV . SENT Art NN . SENT 1171 CD A NP mixed JJ condition NN is VBZ one NN which WDT depends VVZ at IN the DT same JJ time NN upon IN the DT wish NN of IN one CD of IN the DT contracting NN parties NNS , , and CC upon IN the DT wish NN of IN a DT third JJ party NN . SENT Art NN . SENT 1172 CD Any DT condition NN relating VVG to TO an DT impossible JJ thing NN , , or CC contrary JJ to TO public JJ morals NNS , , or CC prohibited VVN by IN law NN , , is VBZ void JJ , , and CC renders VVZ void VV the DT agreement NN which WDT depends VVZ upon IN it PP . SENT Art NN . SENT 1173 CD A NP condition NN not RB to TO do VV an DT impossible JJ thing NN does VVZ not RB render VV void VV the DT obligation NN contracted VVD upon IN that DT condition NN . SENT Art NN . SENT 1174 CD An DT obligation NN is VBZ void JJ where WRB it PP was VBD contracted VVN subject JJ to TO a DT potestative JJ condition NN on IN the DT part NN of IN the DT one NN who WP binds VVZ himself PP . SENT Art NN . SENT 1175 CD Every DT condition NN must MD be VB fulfilled VVN in IN the DT manner NN in IN which WDT the DT parties NNS have VHP in IN all DT likelihood NN wished VVD and CC intended VVD that IN it PP should MD be VB . SENT Art NN . SENT 1176 CD Where WRB an DT obligation NN is VBZ contracted VVN subject JJ to TO the DT condition NN that IN an DT event NN will MD happen VV within IN a DT fixed JJ time NN , , that DT condition NN is VBZ deemed VVN failed VVD where WRB the DT time NN has VHZ elapsed VVN without IN the DT event NN having VHG happened VVN . SENT Where WRB there EX is VBZ no DT time NN fixed VVN , , the DT condition NN may MD always RB be VB fulfilled VVN . SENT and CC it PP is VBZ deemed VVN failed VVN only RB when WRB it PP has VHZ become VVN certain JJ that IN the DT event NN will MD not RB happen VV . SENT Art NN . SENT 1177 CD Where WRB an DT obligation NN is VBZ contracted VVN subject JJ to TO the DT condition NN that IN an DT event NN will MD not RB happen VV in IN a DT fixed JJ time NN , , that DT condition NN is VBZ fulfilled VVN when WRB that DT time NN has VHZ expired VVN without IN the DT event NN having VHG happened VVN . SENT it PP is VBZ so RB too RB when WRB , , before IN the DT term NN , , it PP is VBZ certain JJ that IN the DT event NN will MD not RB happen VV . SENT and CC where WRB there EX is VBZ no DT determined JJ time NN , , it PP is VBZ fulfilled VVN only RB when WRB it PP is VBZ certain JJ that IN the DT event NN will MD not RB happen VV . SENT Art NN . SENT 1178 CD A NP condition NN is VBZ deemed VVN fulfilled VVD where WRB it PP is VBZ the DT debtor NN , , bound VVN under IN that DT condition NN , , who WP has VHZ prevented VVN it PP from IN being VBG fulfilled VVN . SENT Art NN . SENT 1179 CD A NP condition NN which WDT is VBZ fulfilled VVN has VHZ a DT retroactive JJ effect NN to TO the DT day NN when WRB the DT undertaking NN was VBD contracted VVN . SENT Where WRB the DT creditor NN dies VVZ before IN the DT condition NN is VBZ fulfilled VVN , , his PP$ rights NNS pass VV to TO his PP$ heir NN . SENT Art NN . SENT 1180 CD A NP creditor NN may MD , , before IN the DT condition NN is VBZ fulfilled VVN , , take VV all DT steps NNS to TO preserve VV his PP$ right NN . SENT 2 CD Of IN Condition NN Precedent NN Art NN . SENT 1181 CD An DT obligation NN contracted VVD under IN a DT condition NN precedent NN is VBZ one NN which WDT depends VVZ either RB on IN a DT future JJ and CC uncertain JJ event NN , , or CC on IN an DT event NN having VHG presently RB happened VVN , , but CC still RB unknown JJ to TO the DT parties NNS . SENT In IN the DT first JJ case NN , , the DT obligation NN may MD be VB performed VVN only RB after IN the DT event NN . SENT In IN the DT second JJ case NN , , the DT obligation NN takes VVZ effect NN as IN from IN the DT day NN when WRB it PP was VBD contracted VVN . SENT Art NN . SENT 1182 CD Where WRB an DT obligation NN was VBD contracted VVN under IN a DT condition NN precedent NN , , the DT thing NN which WDT is VBZ the DT subject JJ matter NN of IN the DT agreement NN remains VVZ at IN the DT risk NN of IN the DT debtor NN who WP has VHZ bound VVN himself PP to TO deliver VV it PP only RB in IN the DT case NN of IN the DT occurrence NN of IN the DT condition NN . SENT Where WRB the DT thing NN perishes VVZ entirely RB , , without IN the DT fault NN of IN the DT debtor NN , , the DT obligation NN is VBZ extinguished VVN . SENT Where WRB the DT thing NN has VHZ been VBN deteriorated VVN without IN the DT fault NN of IN the DT debtor NN , , the DT creditor NN has VHZ the DT choice NN either CC to TO avoid VV the DT obligation NN , , or CC to TO demand VV the DT thing NN in IN the DT condition NN in IN which WDT it PP is VBZ , , without IN any DT price NN reduction NN . SENT Where WRB the DT thing NN has VHZ been VBN deteriorated VVN through IN fault NN of IN the DT debtor NN , , the DT creditor NN has VHZ the DT right NN either CC to TO avoid VV the DT obligation NN , , or CC to TO demand VV the DT thing NN in IN the DT condition NN in IN which WDT it PP is VBZ , , with IN damages NNS . SENT 3 CD Of IN Condition NN Subsequent JJ Art NN . SENT 1183 CD A NP condition NN subsequent JJ is VBZ one CD which WDT , , when WRB it PP is VBZ fulfilled VVN , , brings VVZ about IN the DT revocation NN of IN the DT obligation NN , , and CC which WDT puts VVZ things NNS back RB in IN the DT same JJ condition NN as IN if IN the DT obligation NN had VHD not RB existed VVN . SENT It PP does VVZ not RB suspend VV the DT fulfilment NN of IN the DT obligation NN . SENT it PP only RB compels VVZ the DT creditor NN to TO return VV what WP he PP has VHZ received VVN , , in IN the DT case NN where WRB the DT event NN contemplated VVN by IN the DT condition NN happens VVZ . SENT Art NN . SENT 1184 CD A NP condition NN subsequent JJ is VBZ always RB implied VVN in IN synallagmatic JJ contracts NNS , , for IN the DT case NN where WRB one CD of IN the DT two CD parties NNS does VVZ not RB carry VV out RP his PP$ undertaking NN . SENT In IN that DT case NN , , the DT contract NN is VBZ not RB avoided VVN as RB of IN right NN . SENT The DT party NN towards IN whom WP the DT undertaking NN has VHZ not RB been VBN fulfilled VVN has VHZ the DT choice NN either CC to TO compel VV the DT other JJ to TO fulfil VV the DT agreement NN when WRB it PP is VBZ possible JJ , , or CC to TO request VV its PP$ avoidance NN with IN damages NNS . SENT Avoidance NN must MD be VB applied VVN for IN in IN court NN , , and CC the DT defendant NN may MD be VB granted VVN time NN according VVG to TO circumstances NNS . SENT Section NP II NP Of IN Obligations NNS with IN a DT Term NP Art NP . SENT 1185 CD A NP term NN differs VVZ from IN a DT condition NN , , in IN that WDT it PP does VVZ not RB suspend VV the DT undertaking NN , , of IN which WDT it PP only RB delays VVZ the DT fulfilment NN . SENT Art NN . SENT 1186 CD What WP is VBZ due JJ only RB with IN a DT term NN may MD not RB be VB claimed VVN before IN the DT expiry NN of IN the DT term NN . SENT but CC what WP was VBD paid VVN in IN advance NN may MD not RB be VB recovered VVN . SENT Art NN . SENT 1187 CD A NP term NN is VBZ always RB presumed VVN stipulated VVD in IN favour NN of IN the DT debtor NN , , unless IN it PP follows VVZ from IN the DT stipulation NN , , or CC from IN the DT circumstances NNS , , that IN it PP was VBD also RB agreed VVN in IN favour NN of IN the DT creditor NN . SENT Art NN . SENT 1188 CD Act NP n NN 85 CD 98 CD of IN 25 CD Jan NP . SENT 1985 CD A NP debtor NN may MD no RB longer RB claim VVP the DT benefit NN of IN a DT term NN where WRB by IN his PP$ own JJ act NN he PP has VHZ lessened VVN the DT guarantees NNS which WDT he PP had VHD given VVN his PP$ creditor NN by IN the DT contract NN . SENT Section NP III NP Of IN Alternative NP Obligations NNS Art NN . SENT 1189 CD The DT debtor NN of IN an DT alternative JJ obligation NN is VBZ discharged VVN by IN the DT delivery NN of IN one CD of IN the DT two CD things NNS which WDT were VBD included VVN in IN the DT obligation NN . SENT Art NN . SENT 1190 CD The DT choice NN belongs VVZ to TO the DT debtor NN , , where WRB it PP was VBD not RB expressly RB granted VVN to TO the DT creditor NN . SENT Art NN . SENT 1191 CD A NP debtor NN may MD discharge VV himself PP by IN delivering VVG one CD of IN the DT things NNS promised VVD . SENT but CC he PP may MD not RB compel VV the DT creditor NN to TO receive VV a DT part NN of IN one CD and CC a DT part NN of IN the DT other JJ . SENT Art NN . SENT 1192 CD An DT obligation NN is VBZ outright JJ , , although IN contracted VVN in IN an DT alternative JJ manner NN , , where WRB one CD of IN the DT two CD things NNS promised VVN could MD not RB be VB the DT subject JJ matter NN of IN the DT obligation NN . SENT Art NN . SENT 1193 CD An DT alternative NN obligation NN becomes VVZ outright RB , , where WRB one CD of IN the DT things NNS promised VVN perishes VVZ and CC may MD no RB longer RBR be VB delivered VVN , , even RB through IN the DT fault NN of IN the DT debtor NN . SENT The DT price NN of IN that DT thing NN may MD not RB be VB offered VVN in IN its PP$ place NN . SENT Where WRB both DT have VHP perished VVN , , and CC the DT debtor NN is VBZ at IN fault NN as IN to TO one CD of IN them PP , , he PP shall MD pay VV the DT price NN of IN the DT one NN which WDT has VHZ perished VVN last JJ . SENT Art NN . SENT 1194 CD Where WRB , , in IN the DT cases NNS provided VVN for IN in IN the DT preceding JJ Article NN , , the DT choice NN was VBD conferred VVD to TO the DT creditor NN under IN the DT agreement NN , , Either CC one CD of IN the DT things NNS only RB has VHZ perished VVN . SENT and CC then RB , , if IN it PP is VBZ without IN fault NN of IN the DT debtor NN , , the DT creditor NN shall MD have VH the DT one NN which WDT remains VVZ . SENT if IN the DT debtor NN is VBZ at IN fault NN , , the DT creditor NN may MD demand VV the DT thing NN which WDT remains VVZ , , or CC the DT price NN of IN the DT one NN which WDT has VHZ perished VVN . SENT Or CC both DT things NNS have VHP perished VVN . SENT and CC then RB , , if IN the DT debtor NN is VBZ at IN fault NN as RB to TO both DT , , or CC even RB only RB as IN to TO one CD of IN them PP , , the DT creditor NN may MD demand VV the DT price NN of IN one CD or CC the DT other JJ , , at IN his PP$ choice NN . SENT Art NN . SENT 1195 CD Where WRB both DT things NNS have VHP perished VVN without IN the DT fault NN of IN the DT debtor NN , , and CC before IN he PP was VBD put VVN in IN default NN , , the DT obligation NN is VBZ extinguished VVN , , in IN accordance NN with IN Article NP 1302 CD . SENT Art NN . SENT 1196 CD The NP same JJ principles NNS shall MD apply VV in IN case NN there EX are VBP more JJR than IN two CD things NNS included VVN in IN the DT alternative JJ obligation NN . SENT Section NP IV NP Of IN Joint NP and CC Several JJ Obligations NNS 1 CD Of IN Joint NP and CC Several JJ Creditors NNS Art NN . SENT 1197 CD An DT obligation NN is VBZ joint JJ and CC several JJ between IN several JJ creditors NNS , , where WRB the DT instrument NN of IN title NN expressly RB gives VVZ to TO each DT of IN them PP the DT right NN to TO demand VV payment NN of IN the DT whole JJ claim NN , , and CC payment NN made VVD to TO one CD of IN them PP discharges VVZ the DT debtor NN , , although IN the DT benefit NN of IN the DT obligation NN is VBZ to TO be VB partitioned VVN and CC divided VVN between IN the DT various JJ creditors NNS . SENT Art NN . SENT 1198 CD It PP is VBZ at IN the DT choice NN of IN the DT debtor NN to TO pay VV one CD or CC another DT of IN joint JJ and CC several JJ creditors NNS , , so RB long RB as IN he PP is VBZ not RB prevented VVN by IN legal JJ proceedings NNS instituted VVN by IN one CD of IN them PP . SENT Nevertheless RB , , a DT release NN given VVN by IN only RB one CD of IN the DT joint JJ and CC several JJ creditors NNS discharges NNS the DT debtor NN only RB for IN the DT share NN of IN that DT creditor NN . SENT Art NN . SENT 1199 CD An DT act NN which WDT interrupts VVZ the DT running NN of IN the DT statute NN of IN limitation NN with IN respect NN to TO one CD of IN the DT joint JJ and CC several JJ creditors NNS benefits VVZ the DT other JJ creditors NNS . SENT 2 CD Of IN Joint NP and CC Several JJ Debtors NNS Art NN . SENT 1200 RB There EX is VBZ joint JJ and CC several JJ liability NN on IN the DT part NN of IN debtors NNS where WRB they PP are VBP bound VVN for IN a DT same JJ thing NN , , so RB that IN each DT one NN may MD be VB compelled VVN for IN the DT whole NN , , and CC payment NN made VVN by IN one CD alone JJ discharges NNS the DT others NNS towards IN the DT creditor NN . SENT Art NN . SENT 1201 CD An DT obligation NN may MD be VB joint JJ and CC several JJ although IN one CD of IN the DT debtors NNS is VBZ bound VVN differently RB from IN another DT for IN payment NN of IN the DT same JJ thing NN . SENT for IN instance NN , , where WRB one PP is VBZ bound VVN only RB conditionally RB , , whereas IN the DT other's JJ undertaking NN is VBZ outright JJ , , or CC where WRB one PP has VHZ been VBN given VVN time NN which WDT has VHZ not RB been VBN granted VVN to TO the DT other JJ . SENT Art NN . SENT 1202 CD Joint NP and CC several JJ liability NN may MD not RB be VB presumed VVN . SENT it PP must MD be VB expressly RB stipulated VVD . SENT This DT rule NN only RB ceases VVZ in IN the DT cases NNS where WRB joint JJ and CC several JJ liability NN exists VVZ as IN a DT matter NN of IN right NN , , under IN a DT statutory JJ provision NN . SENT Art NN . SENT 1203 CD A DT creditor NN of IN an DT obligation NN contracted VVD jointly RB and CC severally RB may MD apply VV to TO the DT one NN of IN the DT debtors NNS he PP wishes VVZ to TO choose VV , , without IN the DT latter NN being VBG allowed VVN to TO set VV up RP the DT benefit NN of IN division NN . SENT Art NN . SENT 1204 CD Proceedings NNS brought VVN against IN one CD of IN the DT debtors NNS do VVP not RB prevent VV the DT creditor NN from IN instituting VVG similar JJ ones NNS against IN the DT others NNS . SENT Art NN . SENT 1205 CD Where WRB a DT thing NN due RB has VHZ perished VVN through IN the DT fault NN of IN one CD or CC several JJ of IN the DT joint JJ and CC several JJ debtors NNS or CC after IN they PP were VBD given VVN notice NN of IN default NN , , the DT other JJ debtors NNS are VBP not RB discharged VVN from IN the DT obligation NN to TO pay VV the DT price NN of IN the DT thing NN . SENT but CC they PP are VBP not RB liable JJ for IN damages NNS . SENT The DT creditor NN may MD only RB recover VV damages NNS from IN the DT debtors NNS through IN whose WP$ fault NN the DT thing NN has VHZ perished VVN or CC from IN those DT who WP were VBD under IN notice NN of IN default NN . SENT Art NN . SENT 1206 CD Proceedings NNS instituted VVN against IN one CD of IN the DT joint JJ and CC several JJ debtors NNS interrupts VVZ the DT running NN of IN the DT statute NN of IN limitation NN with IN respect NN to TO all DT . SENT Art NN . SENT 1207 CD A DT demand NN for IN interest NN brought VVN against IN one CD of IN the DT joint JJ and CC several JJ debtors NNS causes VVZ interest NN to TO run VV with IN respect NN to TO all DT . SENT Art NN . SENT 1208 CD A NP joint JJ and CC several JJ co NP debtor NN sued VVD by IN the DT creditor NN may MD set VV up RP all PDT the DT defences NNS which WDT result VVP from IN the DT nature NN of IN the DT obligation NN , , and CC all PDT those DT which WDT are VBP personal JJ to TO him PP , , as RB well RB as IN those DT which WDT are VBP common JJ to TO all PDT the DT co NP debtors NNS . SENT He PP may MD not RB set VV up RP defences NNS which WDT are VBP purely RB personal JJ to TO some DT of IN the DT other JJ co NP debtors NNS . SENT Art NN . SENT 1209 CD Where WRB one CD of IN the DT debtors NNS becomes VVZ the DT sole JJ heir NN of IN the DT creditor NN , , or CC where WRB the DT creditor NN becomes VVZ the DT sole JJ heir NN of IN one CD of IN the DT debtors NNS , , the DT merger NN extinguishes VVZ the DT joint JJ and CC several JJ claim NN only RB for IN the DT share NN and CC portion NN of IN the DT debtor NN or CC of IN the DT creditor NN . SENT Art NN . SENT 1210 CD A NP creditor NN who WP consents NNS to TO a DT division NN of IN the DT debt NN with IN respect NN to TO one CD of IN the DT co NP debtors NNS retains VVZ his PP$ joint JJ and CC several JJ action NN against IN the DT others NNS , , but CC only RB under IN deduction NN of IN the DT share NN of IN the DT debtor NN whom WP he PP has VHZ discharged VVN from IN the DT joint JJ and CC several JJ liability NN . SENT Art NN . SENT 1211 CD A NP creditor NN who WP receives VVZ severally RB the DT share NN of IN one CD of IN his PP$ debtors NNS , , without IN reserving VVG in IN the DT receipt NN the DT joint JJ and CC several JJ liability NN or CC his PP$ rights NNS in IN general JJ , , renounces VVZ joint JJ and CC several JJ liability NN only RB with IN respect NN to TO this DT debtor NN . SENT A DT creditor NN is VBZ not RB deemed VVN to TO release VV the DT debtor NN from IN the DT joint JJ and CC several JJ liability NN where WRB he PP receives VVZ from IN him PP a DT sum NN equal JJ to TO the DT portion NN for IN which WDT he PP is VBZ bound JJ , , where WRB the DT receipt NN does VVZ not RB mention VV that IN it PP is VBZ for IN his PP$ share NN . SENT It PP shall MD be VB likewise RB as RB to TO a DT mere JJ claim NN brought VVN against IN one CD of IN the DT debtors NNS for IN his PP$ share NN , , where WRB the DT latter NN has VHZ not RB admitted VVN the DT claim NN , , or CC where WRB no DT compensatory JJ judgment NN has VHZ been VBN handed VVN down RP . SENT Art NN . SENT 1212 CD A NP creditor NN who WP receives VVZ severally RB and CC without IN reservation NN from IN one CD the DT co NP debtors NNS his PP$ portion NN in IN the DT arrears NNS or CC interest NN on IN the DT debt NN , , loses VVZ the DT joint JJ and CC several JJ liability NN only RB for IN the DT arrears NNS or CC interest NN due JJ , , not RB for IN those DT to TO become VV due JJ or CC for IN the DT capital NN , , unless IN the DT several JJ payment NN has VHZ been VBN continuing VVG for IN ten CD consecutive JJ years NNS . SENT Art NN . SENT 1213 CD An DT obligation NN contracted VVD jointly RB and CC severally RB towards IN a DT creditor NN is VBZ divided VVN by IN operation NN of IN law NN between IN the DT debtors NNS , , who WP are VBP liable JJ between IN themselves PP only RB each DT one NN for IN his PP$ share NN and CC portion NN . SENT Art NN . SENT 1214 CD The NP co NP debtor NN of IN a DT joint JJ and CC several JJ obligation NN , , who WP paid VVD it PP in IN full JJ , , may MD recover VV from IN the DT others NNS only RB the DT share NN and CC portion NN of IN each DT one NN of IN them PP . SENT Where WRB one CD of IN them PP is VBZ insolvent JJ , , the DT loss NN occasioned VVN by IN his PP$ insolvency NN shall MD be VB apportioned VVN pro JJ rata NN between IN all PDT the DT other JJ solvent JJ co NP debtors NNS and CC the DT one NN who WP made VVD the DT payment NN . SENT Art NN . SENT 1215 CD In IN case NN the DT creditor NN waives VVZ the DT joint JJ and CC several JJ action NN with IN respect NN to TO one CD of IN the DT debtors NNS , , if IN one CD or CC several JJ of IN the DT other JJ co NP debtors NNS become VVP insolvent JJ , , the DT portion NN of IN those DT insolvent JJ shall MD be VB apportioned VVN pro JJ rata NN between IN all PDT the DT debtors NNS , , even RB between IN those DT previously RB discharged VVN from IN the DT joint JJ and CC several JJ liability NN by IN the DT creditor NN . SENT Art NN . SENT 1216 CD Where WRB the DT affair NN for IN which WDT the DT debt NN was VBD contracted VVN jointly RB and CC severally RB concerns VVZ only RB one CD of IN the DT joint JJ and CC several JJ co NP obligors NNS , , the DT latter NN are VBP liable JJ for IN the DT whole JJ debt NN towards IN the DT other JJ co NP debtors NNS , , who WP must MD be VB considered VVN with IN regard NN to TO him PP only RB as IN his PP$ sureties NNS . SENT Section NN V NN Of IN Divisible JJ and CC Indivisible JJ Obligations NNS Art NN . SENT 1217 CD An DT obligation NN is VBZ divisible JJ or CC indivisible JJ according VVG to TO whether IN its PP$ object NN is VBZ a DT thing NN which WDT in IN its PP$ delivery NN , , or CC an DT act NN which WDT in IN its PP$ performance NN , , is VBZ or CC not RB susceptible JJ of IN a DT division NN either CC physical JJ or CC intellectual JJ . SENT Art NN . SENT 1218 CD An DT obligation NN is VBZ indivisible JJ , , although IN the DT thing NN or CC act NN which WDT is VBZ its PP$ object NN is VBZ divisible JJ by IN its PP$ nature NN , , where WRB the DT way NN in IN which WDT it PP is VBZ considered VVN in IN the DT obligation NN does VVZ not RB render VV it PP susceptible JJ to TO part NN performance NN . SENT Art NN . SENT 1219 CD A NP stipulated VVD joint JJ and CC several JJ liability NN does VVZ not RB give VV the DT character NN of IN indivisibility NN to TO an DT obligation NN . SENT 1 CD Of IN the DT Effects NNS of IN Divisible JJ Obligations NNS Art NN . SENT 1220 CD An DT obligation NN which WDT is VBZ susceptible JJ of IN being VBG divided VVN must MD be VB performed VVN between IN the DT creditor NN and CC the DT debtor NN as IN though IN it PP were VBD indivisible JJ . SENT Divisibility NN operates VVZ only RB as RB to TO their PP$ heirs NNS , , who WP may MD claim VV the DT debt NN or CC are VBP bound VVN to TO pay VV it PP only RB for IN the DT shares NNS which WDT they PP receive VVP or CC for IN which WDT they PP are VBP liable JJ as IN representing VVG the DT creditor NN or CC the DT debtor NN . SENT Art NN . SENT 1221 CD The DT principle NN established VVN in IN the DT preceding JJ Article NN is VBZ subject JJ to TO exceptions NNS , , with IN regard NN to TO the DT heirs NNS of IN a DT debtor NN . SENT 1 CD Where WRB the DT debt NN is VBZ secured VVN by IN a DT mortgage NN . SENT 2 CD Where WRB it PP is VBZ of IN a DT thing NN certain JJ . SENT 3 CD Where WRB it PP is VBZ a DT question NN of IN an DT alternative JJ debt NN of IN things NNS at IN the DT choice NN of IN the DT creditor NN , , of IN which WDT one PP is VBZ indivisible JJ . SENT 4 CD Where WRB one CD of IN the DT heirs NNS is VBZ made VVN alone RB responsible JJ , , by IN the DT instrument NN of IN title NN , , of IN the DT performance NN of IN the DT obligation NN . SENT 5 CD Where WRB it PP results VVZ , , either CC from IN the DT nature NN of IN the DT undertaking NN , , or CC from IN the DT thing NN which WDT is VBZ the DT object NN of IN it PP , , or CC from IN the DT purpose NN intended VVN in IN the DT contract NN , , that IN the DT intention NN of IN the DT contracting NN parties NNS was VBD that IN the DT debt NN should MD not RB be VB partially RB discharged VVN . SENT In IN the DT first JJ three CD cases NNS , , the DT heir NN who WP possesses VVZ the DT thing NN due JJ or CC the DT tenement NN mortgaged VVN for IN the DT debt NN may MD be VB sued VVN for IN the DT whole NN on IN the DT thing NN due RB or CC on IN the DT tenement NN mortgaged VVN , , subject JJ to TO his PP$ remedy NN against IN his PP$ co NP heirs NNS . SENT In IN the DT fourth JJ case NN , , the DT heir NN who WP is VBZ alone RB responsible JJ for IN the DT debt NN , , and CC in IN the DT fifth JJ case NN , , each DT heir NN , , may MD also RB be VB sued VVN for IN the DT whole JJ , , subject JJ to TO his PP$ remedy NN against IN his PP$ co NP heirs NNS . SENT 2 CD Of IN the DT Effects NNS of IN Indivisible JJ Obligations NNS Art NN . SENT 1222 CD Each DT one NN of IN those DT who WP have VHP jointly RB contracted VVN an DT indivisible JJ debt NN is VBZ liable JJ for IN the DT whole NN , , although IN the DT obligation NN was VBD not RB contracted VVN jointly RB and CC severally RB . SENT Art NN . SENT 1223 CD It PP shall MD be VB likewise RB with IN regard NN to TO the DT heirs NNS of IN a DT person NN who WP has VHZ contracted VVN such PDT an DT obligation NN . SENT Art NN . SENT 1224 CD Each DT heir NN of IN the DT creditor NN may MD demand VV performance NN of IN an DT indivisible JJ obligation NN in IN whole NN . SENT He PP may MD not RB release VV alone RB the DT whole JJ debt NN . SENT he PP may MD not RB receive VV alone RB the DT price NN instead RB of IN the DT thing NN . SENT Where WRB one CD of IN the DT heirs NNS has VHZ alone RB released VVN the DT debt NN or CC received VVD the DT price NN of IN the DT thing NN , , his PP$ co NP heir NN may MD claim VV the DT indivisible JJ thing NN only RB by IN taking VVG into IN account NN the DT portion NN of IN the DT co NP heir NN who WP has VHZ given VVN the DT release NN or CC received VVD the DT price NN . SENT Art NN . SENT 1225 CD An DT heir NN of IN the DT debtor NN , , who WP is VBZ sued VVN for IN the DT whole JJ obligation NN , , may MD request VV time NN for IN joining VVG his PP$ co NP heirs NNS in IN the DT action NN , , unless IN the DT debt NN is VBZ of IN such PDT a DT nature NN that IN it PP can MD be VB discharged VVN only RB by IN the DT sued VVN heir NN , , against IN whom WP judgment NN may MD then RB be VB given VVN , , subject JJ to TO his PP$ remedy NN for IN compensation NN against IN his PP$ co NP heirs NNS . SENT Section NP VI NP Of IN Obligations NNS with IN Penalty NN Clauses NNS Art NN . SENT 1226 CD A NP penalty NN is VBZ a DT clause NN by IN which WDT a DT person NN , , in IN order NN to TO ensure VV performance NN of IN an DT agreement NN , , binds VVZ himself PP to TO something NN in IN case NN of IN non JJ performance NN . SENT Art NN . SENT 1227 CD Nullity NN of IN the DT principal JJ obligation NN involves VVZ that IN of IN the DT penalty NN clause NN . SENT Nullity NN of IN the DT latter NN does VVZ no RB involve VV that IN of IN the DT principal JJ obligation NN . SENT Art NN . SENT 1228 CD A NP creditor NN , , instead RB of IN claiming VVG the DT penalty NN stipulated VVD against IN the DT debtor NN who WP is VBZ under IN notice NN of IN default NN , , may MD proceed VV with IN the DT performance NN of IN the DT principal JJ obligation NN . SENT Art NN . SENT 1229 CD A NP penalty NN clause NN is VBZ a DT compensation NN for IN the DT damages NNS which WDT the DT creditor NN suffers VVZ from IN the DT non JJ performance NN of IN the DT principal JJ obligation NN . SENT He PP may MD not RB claim VV at IN the DT same JJ time NN the DT principal NN and CC the DT penalty NN , , unless IN it PP was VBD stipulated VVD for IN a DT mere JJ delay NN . SENT Art NN . SENT 1230 CD Whether IN the DT original JJ obligation NN contains VVZ , , or CC not RB a DT term NN within IN which WDT it PP must MD be VB performed VVN , , the DT penalty NN is VBZ incurred VVN only RB where WRB the DT one NN who WP is VBZ bound VVN either RB to TO deliver VV , , or CC to TO take VV , , or CC to TO do VV , , is VBZ under IN notice NN of IN default NN . SENT Art NN . SENT 1231 CD Act NP N NP 75 CD 597 CD of IN 9 CD July NP 1975 CD Where WRB an DT undertaking NN has VHZ been VBN performed VVN in IN part NN , , the DT agreed VVN penalty NN may MD , , even RB of IN his PP$ own JJ motion NN , , Act NP n NN 85 CD 1097 CD of IN 11 CD Oct NP . SENT 1985 RB be VB lessened VVN by IN the DT judge NN in IN proportion NN to TO the DT interest NN which WDT the DT part NN performance NN has VHZ procured VVN for IN the DT creditor NN , , without IN prejudice NN to TO the DT application NN of IN Article NP 1152 CD . SENT Any DT stipulation NN to TO the DT contrary NN shall MD be VB deemed VVN not RB written VVN . SENT Art NN . SENT 1232 CD Where WRB an DT original JJ obligation NN contracted VVN with IN a DT penalty NN clause NN relates VVZ to TO an DT indivisible JJ thing NN , , the DT penalty NN is VBZ incurred VVN by IN the DT breach NN of IN only RB one CD of IN the DT heirs NNS of IN the DT debtor NN , , and CC it PP may MD be VB claimed VVN , , either CC for IN the DT whole NN against IN the DT person NN in IN breach NN , , or CC against IN each DT of IN the DT co NP heirs NNS for IN their PP$ share NN and CC portion NN , , and CC by IN mortgage NN for IN the DT whole JJ , , subject JJ to TO their PP$ remedy NN against IN the DT one NN who WP caused VVD the DT penalty NN to TO be VB incurred VVN . SENT Art NN . SENT 1233 CD Where WRB an DT original JJ obligation NN contracted VVN under IN a DT penalty NN is VBZ divisible JJ , , the DT penalty NN is VBZ incurred VVN by IN the DT one NN of IN the DT debtor's JJ heirs NNS who WP contravenes VVZ that DT obligation NN , , and CC for IN the DT share NN only RB for IN which WDT he PP was VBD bound VVN in IN the DT principal JJ obligation NN , , without IN there RB being VBG any DT action NN against IN those DT who WP have VHP performed VVN it PP . SENT An DT exception NN is VBZ made VVN to TO this DT rule NN where WRB the DT penalty NN clause NN having VHG been VBN added VVN for IN the DT purpose NN that IN payment NN may MD not RB be VB made VVN partially RB , , a DT co NP heir NN has VHZ prevented VVN the DT performance NN of IN the DT obligation NN in IN whole NN . SENT In IN that DT case NN , , the DT entire JJ penalty NN may MD be VB claimed VVN against IN him PP , , and CC against IN the DT other JJ co NP heirs NNS for IN their PP$ portion NN only RB , , and CC subject JJ to TO their PP$ remedy NN . SENT CHAPTER NN V NN OF IN THE DT EXTINGUISHMENT NN OF IN OBLIGATIONS NNS Art NN . SENT 1234 CD Obligations NNS are VBP extinguished VVN . SENT By IN payment NN . SENT By IN novation NN . SENT By IN voluntary JJ release NN . SENT By IN set VVN off RP . SENT By IN merger NN . SENT By IN the DT loss NN of IN the DT thing NN . SENT By IN nullity NN or CC rescission NN . SENT By IN the DT effect NN of IN a DT condition NN subsequent JJ , , as RB was VBD explained VVN in IN the DT preceding JJ Chapter NN . SENT and CC By IN the DT running NN of IN the DT statute NN of IN limitation NN , , which WDT will MD be VB the DT subject JJ matter NN of IN a DT special JJ Title NN . SENT Section NN I NN Of IN Payment NN 1 CD Of IN Payment NN in IN General NP Art NP . SENT 1235 CD Any DT payment NN supposes VVZ a DT debt NN . SENT what WP has VHZ been VBN paid VVN without IN being VBG owed VVN is VBZ subject JJ to TO restitution NN . SENT Restitution NN is VBZ not RB allowed VVN with IN respect NN to TO natural JJ obligations NNS which WDT were VBD voluntarily RB discharged VVN . SENT Art NN . SENT 1236 CD An DT obligation NN may MD be VB discharged VVN by IN any DT person NN having VHG an DT interest NN therein RB , , such JJ as IN a DT co NP obligee NN or CC a DT surety NN . SENT An DT obligation NN may MD even RB be VB discharged VVN by IN a DT third JJ party NN who WP has VHZ no DT interest NN therein RB , , provided VVN that IN party NN acts NNS in IN the DT name NN and CC on IN behalf NN of IN the DT debtor NN , , or CC , , where WRB he PP acts VVZ in IN his PP$ own JJ name NN , , he PP is VBZ not RB subrogated VVN to TO the DT rights NNS of IN the DT creditor NN . SENT Art NN . SENT 1237 CD An DT obligation NN to TO do VV may MD not RB be VB discharged VVN by IN a DT third JJ party NN against IN the DT wish NN of IN the DT creditor NN , , where WRB the DT latter NN has VHZ an DT interest NN in IN having VHG it PP performed VVN by IN the DT debtor NN himself PP . SENT Art NN . SENT 1238 CD In IN order NN to TO pay VV validly RB , , one PP must MD be VB the DT owner NN of IN the DT thing NN given VVN in IN payment NN , , and CC be VB capable JJ of IN transferring VVG it PP . SENT Nevertheless RB , , the DT payment NN of IN a DT sum NN of IN money NN or CC of IN some DT other JJ thing NN which WDT is VBZ consumed VVN by IN use NN , , may MD not RB be VB recovered VVN from IN a DT creditor NN who WP has VHZ consumed VVN it PP in IN good JJ faith NN , , although IN the DT payment NN of IN it PP was VBD made VVN by IN a DT person NN who WP was VBD not RB the DT owner NN or CC who WP was VBD not RB capable JJ of IN transferring VVG it PP . SENT Art NN . SENT 1239 CD Payment NN must MD be VB made VVN to TO the DT creditor NN , , or CC somebody NN having VHG authority NN from IN him PP , , or CC authorized VVD by IN the DT court NN or CC by IN statute NN to TO receive VV for IN him PP . SENT Payment NN made VVD to TO a DT person NN who WP has VHZ no DT authority NN to TO receive VV for IN the DT creditor NN , , is VBZ valid JJ , , where WRB the DT latter NN ratifies VVZ it PP or CC has VHZ profited VVN by IN it PP . SENT Art NN . SENT 1240 CD Payment NN made VVN in IN good JJ faith NN to TO one NN who WP was VBD in IN possession NN of IN the DT claim NN is VBZ valid JJ , , even RB if IN the DT possessor NN is VBZ afterwards RB dispossessed VVN . SENT Art NN . SENT 1241 CD Payment NN made VVN to TO a DT creditor NN is VBZ not RB valid JJ , , where WRB he PP was VBD incapable JJ of IN receiving VVG it PP , , unless IN the DT debtor NN proves VVZ that IN the DT thing NN paid VVD has VHZ turned VVN to TO the DT advantage NN of IN the DT creditor NN . SENT Art NN . SENT 1242 CD Payment NN made VVN by IN a DT debtor NN to TO his PP$ creditor NN , , notwithstanding IN an DT attachment NN or CC a DT garnishment NN is VBZ not RB valid JJ , , with IN respect NN to TO the DT attaching VVG or CC garnishing VVG creditors NNS . SENT the DT latter NN may MD , , according VVG to TO their PP$ rights NNS , , compel VV him PP to TO pay VV again RB , , subject JJ , , in IN that DT case NN only RB , , to TO his PP$ remedy NN against IN the DT creditor NN . SENT Art NN . SENT 1243 CD A NP creditor NN may MD not RB be VB compelled VVN to TO receive VV a DT thing NN different JJ from IN the DT one NN which WDT is VBZ owed VVN to TO him PP , , although IN the DT value NN of IN the DT thing NN offered VVN is VBZ equal JJ or CC even RB greater JJR . SENT Art NN . SENT 1244 CD Act NP n NN 91 CD 650 CD of IN 9 CD July NP 1991 CD A DT debtor NN may MD not RB compel VV a DT creditor NN to TO receive VV payment NN in IN part NN of IN a DT debt NN , , even RB divisible JJ . SENT Art NN . SENT 1244 CD 1 CD Act NP n NN 91 CD 650 CD of IN 9 CD July NP 1991 CD However RB , , taking VVG into IN account NN the DT debtor's NN position NN and CC in IN consideration NN of IN the DT creditor's NN needs VVZ , , a DT judge NN may MD , , within IN a DT two CD year NN limit NN , , defer VV or CC spread VV out RP the DT payment NN of IN sums NNS due JJ . SENT By IN a DT special JJ judgement NN , , setting VVG out RP the DT grounds NNS on IN which WDT it PP is VBZ based VVD , , , , the DT judge NN may MD order VV that IN the DT sums NNS corresponding JJ to TO the DT deferred JJ due JJ dates NNS carry VVP interest NN at IN a DT reduced JJ rate NN which WDT may MD not RB be VB lower JJR than IN the DT statutory JJ rate NN or CC that IN the DT payments NNS be VB appropriated VVN first RB to TO the DT capital NN . SENT Furthermore RB , , he PP may MD subordinate VV those DT measures NNS to TO the DT performance NN , , by IN the DT debtor NN , , of IN acts NNS appropriate JJ for IN facilitating VVG or CC guaranteeing VVG the DT payment NN of IN the DT debt NN . SENT The DT provisions NNS of IN this DT Article NP shall MD not RB apply VV to TO debts NNS for IN maintenance NN . SENT Art NN . SENT 1244 CD 2 CD Act NP n NN 91 CD 650 CD of IN 9 CD July NP 1991 CD The DT judgment NN handed VVD down RP under IN Article NP 1244 CD 1 CD stays NNS , , the DT enforcement NN proceedings NNS which WDT may MD have VH been VBN instituted VVN by IN the DT creditor NN . SENT Increases NNS of IN interest NN or CC penalties NNS incurred VVN because IN of IN delay NN cease VVP to TO be VB due JJ during IN the DT period NN fixed VVN by IN the DT judge NN . SENT Art NN . SENT 1244 CD 3 CD Act NP n NN 91 CD 650 CD of IN 9 CD July NP 1991 CD Any DT stipulation NN contrary NN to TO the DT provisions NNS of IN Articles NNS 1244 CD 1 CD and CC 1244 CD 2 CD shall MD be VB deemed VVN not RB written VVN . SENT Art NN . SENT 1245 CD The DT debtor NN of IN a DT thing NN certain JJ and CC determined VVN is VBZ discharged VVN by IN the DT delivery NN of IN the DT thing NN in IN the DT condition NN in IN which WDT it PP is VBZ at IN the DT time NN of IN delivery NN , , provided VVN that IN deteriorations NNS which WDT happened VVD to TO it PP did VVD not RB come VV from IN his PP$ act NN or CC his PP$ fault NN , , or CC from IN that IN of IN persons NNS for IN whom WP he PP is VBZ responsible JJ , , or CC that IN before IN those DT deteriorations NNS he PP was VBD not RB under IN notice NN of IN default NN . SENT Art NN . SENT 1246 CD Where WRB a DT debt NN is VBZ of IN a DT thing NN determined VVN only RB as IN to TO its PP$ kind NN , , a DT debtor NN is VBZ not RB obliged VVN to TO give VV it PP in IN the DT best JJS of IN its PP$ kind NN . SENT but CC he PP may MD not RB offer VV it PP in IN its PP$ worst JJS . SENT Art NN . SENT 1247 CD Ord NP . SENT n NN 58 CD 1298 CD of IN 23 CD Dec NP . SENT 1958 CD Payment NN must MD be VB made VVN in IN the DT place NN designated VVN by IN the DT agreement NN . SENT Where WRB a DT place NN is VBZ not RB designated VVN , , payment NN , , if IN it PP is VBZ for IN a DT thing NN certain JJ and CC determined VVN , , must MD be VB made VVN at IN the DT place NN where WRB the DT thing NN forming VVG the DT object NN of IN the DT obligation NN was VBD at IN the DT time NN of IN that DT obligation NN . SENT Periodical JJ payments NNS ordered VVN for IN maintenance NN must MD be VB made VVN , , subject JJ to TO a DT contrary JJ order NN of IN the DT judge NN , , at IN the DT domicile NN or CC at IN the DT residence NN of IN the DT person NN who WP is VBZ to TO receive VV them PP . SENT Apart RB from IN those DT cases NNS , , payment NN must MD be VB made VVN at IN the DT domicile NN of IN the DT debtor NN . SENT Art NN . SENT 1248 CD The NP costs NNS of IN payment NN are VBP borne VVN by IN the DT debtor NN . SENT 2 CD Of IN Payment NN with IN Subrogation NN Art NN . SENT 1249 CD Subrogation NN to TO the DT rights NNS of IN a DT creditor NN for IN the DT benefit NN of IN a DT third JJ person NN who WP pays VVZ him PP is VBZ either RB conventional JJ or CC statutory JJ . SENT Art NN . SENT 1250 CD Such JJ subrogation NN is VBZ conventional JJ . SENT 1 CD Where WRB a DT creditor NN receiving VVG his PP$ payment NN from IN a DT third JJ person NN subrogates VVZ him PP to TO his PP$ rights NNS , , actions NNS , , prior JJ charges NNS or CC mortgages NNS against IN the DT debtor NN . SENT that DT subrogation NN must MD be VB express JJ and CC made VVN at IN the DT same JJ time NN as IN the DT payment NN . SENT 2 CD Where WRB a DT debtor NN borrows VVZ a DT sum NN for IN the DT purpose NN of IN paying VVG his PP$ debt NN , , and CC of IN subrogating VVG the DT lender NN to TO the DT rights NNS of IN the DT creditor NN . SENT In IN order NN that IN this DT subrogation NN be VB valid JJ , , the DT instrument NN of IN loan NN and CC the DT receipt NN must MD be VB drawn VVN up RP before IN notaires NNS . SENT in IN the DT instrument NN of IN loan NN there EX must MD be VB declared VVN that IN the DT sum NN was VBD borrowed VVN in IN order NN to TO make VV the DT payment NN , , and CC in IN the DT receipt NN , , there EX must MD be VB declared VVN that IN the DT payment NN has VHZ been VBN made VVN from IN the DT funds NNS furnished VVN for IN this DT purpose NN by IN the DT new JJ creditor NN . SENT That DT subrogation NN has VHZ its PP$ effect NN without IN the DT concurrence NN of IN the DT wish NN of IN the DT creditor NN . SENT Art NN . SENT 1251 CD Subrogation NN takes VVZ place NN by IN operation NN of IN law NN . SENT 1 CD For IN the DT benefit NN of IN the DT person NN who WP , , being NN himself PP a DT creditor NN , , pays VVZ another DT creditor NN who WP is VBZ preferred JJ to TO him PP by IN reason NN of IN his PP$ prior JJ charges NNS or CC mortgages NNS . SENT 2 CD For IN the DT benefit NN of IN the DT purchaser NN of IN an DT immovable JJ , , who WP employs VVZ the DT price NN of IN his PP$ purchase NN for IN the DT payment NN of IN the DT creditors NNS to TO whom WP that DT property NN was VBD mortgaged VVN . SENT 3 CD For IN the DT benefit NN of IN the DT person NN who WP , , being NN bound VVN with IN others NNS or CC for IN others NNS to TO the DT payment NN of IN a DT debt NN , , was VBD interested VVN in IN discharging VVG it PP . SENT 4 CD For IN the DT benefit NN of IN a DT beneficiary NN heir NN who WP paid VVD from IN his PP$ own JJ funds NNS the DT debts NNS of IN a DT succession NN . SENT Art NN . SENT 1252 CD The DT subrogation NN established VVN by IN the DT preceding JJ Articles NNS takes VVZ place NN , , as RB well RB against IN sureties NNS as IN against IN debtors NNS . SENT it PP may MD not RB prejudice VV a DT creditor NN where WRB he PP has VHZ only RB been VBN paid VVN in IN part NN . SENT in IN that DT case NN , , he PP may MD enforce VV his PP$ rights NNS , , for IN what WP remains VVZ due JJ to TO him PP , , in IN preference NN to TO the DT person NN from IN whom WP he PP received VVD only RB part NN payment NN . SENT 3 CD Of IN Appropriation NN of IN Payments NNS Art NN . SENT 1253 CD A DT debtor NN of IN several JJ debts NNS has VHZ the DT right NN to TO declare VV , , when WRB he PP pays VVZ , , what WP debt NN he PP intends VVZ to TO discharge VV . SENT Art NN . SENT 1254 CD A DT debtor NN of IN a DT debt NN which WDT bears VVZ interest NN or CC produces VVZ arrears NNS , , may MD not RB , , without IN the DT consent NN of IN the DT creditor NN , , appropriate JJ the DT payment NN which WDT he PP makes VVZ to TO the DT capital NN in IN preference NN to TO the DT arrears NNS or CC interest NN . SENT a DT payment NN made VVN on IN capital NN and CC interest NN , , but CC which WDT is VBZ not RB in IN full JJ , , shall MD be VB appropriated VVN first RB to TO interest NN . SENT Art NN . SENT 1255 CD Where WRB a DT debtor NN of IN various JJ debts NNS has VHZ accepted VVN a DT receipt NN by IN which WDT the DT creditor NN has VHZ appropriated VVN what WP he PP received VVD to TO one CD of IN those DT debts NNS in IN particular JJ , , the DT debtor NN may MD no DT longer JJR request NN appropriation NN to TO a DT different JJ debt NN , , unless IN there EX has VHZ been VBN deception NN or CC trick NN on IN the DT part NN of IN the DT creditor NN . SENT Art NN . SENT 1256 CD Where WRB a DT receipt NN does VVZ not RB bear VV any DT appropriation NN , , the DT payment NN shall MD be VB appropriated VVN to TO the DT debt NN which WDT the DT debtor NN had VHD at IN that DT time NN the DT greatest JJS interest NN in IN discharging VVG among IN those DT which WDT are VBP likewise RB due JJ . SENT otherwise RB , , to TO the DT debt NN due RB , , although IN less RBR burdensome JJ than IN those DT which WDT are VBP not RB . SENT Where WRB the DT debts NNS are VBP of IN equal JJ nature NN , , appropriation NN shall MD be VB made VVN to TO the DT oldest JJS . SENT all DT things NNS being VBG equal JJ , , it PP shall MD be VB made VVN proportionately RB . SENT 4 CD Of IN Tenders NNS of IN Payment NN and CC of IN Deposit NP Art NP . SENT 1257 CD Where WRB a DT creditor NN refuses VVZ to TO receive VV his PP$ payment NN , , the DT debtor NN may MD make VV him PP an DT actual JJ tender NN , , and CC upon IN the DT refusal NN of IN the DT creditor NN to TO accept VV it PP , , deposit VV the DT sum NN or CC the DT thing NN tendered VVN . SENT Actual JJ tenders NNS followed VVN by IN a DT deposit NN discharge VV the DT debtor NN . SENT they PP take VVP the DT place NN of IN payment NN with IN respect NN to TO him PP , , where WRB they PP are VBP validly RB made VVN , , and CC the DT thing NN thus RB deposited VVD remains VVZ at IN the DT risk NN of IN the DT creditor NN . SENT Art NN . SENT 1258 CD In IN order NN that IN an DT actual JJ tender NN be VB valid JJ , , it PP is VBZ necessary JJ . SENT 1 CD That IN it PP be VB made VVN to TO a DT creditor NN having VHG capacity NN to TO receive VV , , or CC to TO the DT one NN who WP has VHZ authority NN to TO receive VV for IN him PP . SENT 2 CD That IN it PP be VB made VVN by IN a DT person NN capable JJ of IN paying VVG . SENT 3 CD That IN it PP be VB for IN the DT entire JJ sum NN due JJ , , for IN the DT arrears NNS or CC interest NN due JJ , , for IN liquidated VVN costs NNS , , and CC for IN a DT sum NN for IN non JJ liquidated VVN costs NNS , , subject JJ to TO its PP$ being VBG made VVN up RP . SENT 4 CD That IN the DT term NN have VHP elapsed VVN , , where WRB it PP was VBD stipulated VVD in IN favour NN of IN the DT creditor NN . SENT 5 CD That IN the DT condition NN under IN which WDT the DT debt NN has VHZ been VBN contracted VVN has VHZ happened VVN . SENT 6 CD That IN the DT tender NN be VB made VVN at IN the DT place NN agreed VVD upon RP for IN payment NN and CC that IN , , where WRB there EX is VBZ no DT special JJ agreement NN as RB to TO the DT place NN of IN payment NN , , it PP be VB made VVN either RB to TO the DT person NN of IN the DT creditor NN , , or CC at IN his PP$ domicile NN , , or CC at IN the DT domicile NN elected VVN for IN performance NN of IN the DT agreement NN . SENT 7 CD That IN the DT tender NN be VB made VVN by IN a DT ministerial JJ officer NN having VHG capacity NN for IN such JJ acts NNS . SENT Art NN . SENT 1259 CD repealed VVN Art NN . SENT 1260 CD The NP costs NNS of IN an DT actual JJ tender NN and CC of IN a DT deposit NN are VBP borne VVN by IN the DT creditor NN , , where WRB they PP are VBP valid JJ . SENT Art NN . SENT 1261 CD So RB long JJ as IN the DT deposit NN has VHZ not RB be VB accepted VVN by IN the DT creditor NN , , the DT debtor NN may MD withdraw VV it PP . SENT and CC where WRB he PP withdraws VVZ it PP , , his PP$ co NP debtors NNS or CC his PP$ sureties NNS are VBP not RB discharged VVN . SENT Art NN . SENT 1262 CD Where WRB a DT debtor NN has VHZ himself PP obtained VVD a DT judgment NN become VVN res NN judicata NNS , , which WDT has VHZ declared VVN his PP$ tender NN and CC deposit NN good JJ and CC valid JJ , , he PP may MD no RB longer RBR , , even RB with IN the DT consent NN of IN the DT creditor NN , , withdraw VV his PP$ deposit NN to TO the DT detriment NN of IN his PP$ co NP debtors NNS or CC of IN his PP$ sureties NNS . SENT Art NN . SENT 1263 CD A NP creditor NN who WP has VHZ consented VVN to TO the DT debtor's NN withdrawing VVG his PP$ deposit NN after IN it PP had VHD been VBN declared VVN valid JJ by IN a DT judgment NN become VVN res NN judicata NNS , , may MD no RB longer RB , , for IN the DT payment NN of IN his PP$ claim NN , , enforce VV the DT prior JJ charges NNS and CC mortgages NNS which WDT attached VVD thereto RB . SENT he PP has VHZ only RB a DT mortgage NN from IN the DT day NN when WRB the DT act NN by IN which WDT he PP has VHZ consented VVN to TO the DT withdrawal NN of IN the DT deposit NN has VHZ been VBN clothed VVN with IN the DT forms NNS required VVN to TO establish VV a DT mortgage NN . SENT Art NN . SENT 1264 CD Where WRB the DT thing NN owed VVN is VBZ a DT thing NN certain JJ which WDT must MD be VB delivered VVN at IN the DT place NN where WRB it PP is VBZ , , the DT debtor NN must MD demand VV of IN the DT creditor NN that IN he PP removes VVZ it PP , , by IN notice NN served VVN upon IN him PP personally RB or CC to TO his PP$ domicile NN or CC to TO the DT domicile NN elected VVN for IN the DT performance NN of IN the DT agreement NN . SENT That DT demand NN made VVD , , where WRB the DT creditor NN does VVZ nor CC remove VV the DT thing NN and CC the DT debtor NN needs VVZ the DT place NN in IN which WDT it PP is VBZ set VVN , , he PP may MD obtain VV from IN the DT court NN permission NN to TO deposit VV it PP in IN some DT other JJ place NN . SENT Art NN . SENT 1265 CD to TO 1270 CD repealed VVN Section NP II NP Of IN Novation NN Art NN . SENT 1271 CD Novation NN is VBZ brought VVN about RB in IN three CD ways NNS . SENT 1 CD Where WRB a DT debtor JJ contracts NNS towards IN his PP$ creditor NN a DT new JJ debt NN which WDT is VBZ substituted VVN for IN the DT old JJ one NN , , which WDT is VBZ extinguished VVN . SENT 2 CD Where WRB a DT new JJ debtor NN is VBZ substituted VVN for IN the DT old JJ one NN who WP is VBZ discharged VVN by IN the DT creditor NN . SENT 3 CD Where WRB , , by IN the DT effect NN of IN a DT new JJ undertaking NN , , a DT new JJ creditor NN is VBZ substituted VVN for IN the DT old JJ one NN , , towards IN whom WP the DT debtor NN is VBZ discharged VVN . SENT Art NN . SENT 1272 CD Novation NN may MD be VB brought VVN about RB only RB between IN persons NNS capable JJ of IN contracting NN . SENT Art NN . SENT 1273 CD Novation NN may MD not RB be VB presumed VVN . SENT the DT wish VVP to TO bring VV it PP about RB must MD clearly RB result VV from IN the DT instrument NN . SENT Art NN . SENT 1274 CD Novation NN by IN substitution NN of IN a DT new JJ debtor NN may MD be VB brought VVN about RB without IN the DT assistance NN of IN the DT first JJ debtor NN . SENT Art NN . SENT 1275 CD A DT delegation NN by IN which WDT a DT debtor NN gives VVZ a DT creditor NN another DT debtor NN who WP binds VVZ himself PP towards IN the DT creditor NN , , does VVZ not RB bring VV about IN a DT novation NN , , unless IN the DT creditor NN has VHZ expressly RB declared VVN that IN he PP intended VVD to TO discharge VV his PP$ debtor NN who WP made VVD the DT delegation NN . SENT Art NN . SENT 1276 CD A NP creditor NN who WP has VHZ discharged VVN a DT debtor NN by IN whom WP a DT delegation NN was VBD made VVN , , has VHZ no DT remedy NN against IN that DT debtor NN , , where WRB the DT delegate NN becomes VVZ insolvent JJ , , unless IN the DT instrument NN contains VVZ an DT express JJ reserve NN or CC the DT delegate NN was VBD already RB under IN a DT judicial JJ arrangement NN , , or CC insolvent JJ at IN the DT time NN of IN the DT delegation NN . SENT Art NN . SENT 1277 CD A NP mere JJ indication NN , , made VVN by IN a DT debtor NN , , of IN a DT person NN who WP is VBZ to TO pay VV in IN his PP$ stead NN , , does VVZ not RB bring VV about IN a DT novation NN . SENT It PP shall MD be VB likewise RB as RB to TO a DT mere JJ indication NN made VVN by IN a DT creditor NN , , of IN a DT person NN who WP is VBZ to TO receive VV for IN him PP . SENT Art NN . SENT 1278 CD Prior RB charges NNS and CC mortgages NNS of IN a DT former JJ claim NN do VVP not RB pass VV to TO the DT one NN which WDT is VBZ substituted VVN to TO it PP , , unless IN the DT creditor NN has VHZ expressly RB reserved VVN them PP . SENT Art NN . SENT 1279 CD Where WRB novation NN is VBZ brought VVN about RB by IN substitution NN of IN a DT new JJ debtor NN , , the DT original JJ prior JJ charges NNS and CC mortgages NNS of IN the DT claim NN do VVP not RB pass VV on IN the DT property NN of IN the DT new JJ debtor NN . SENT Act NP n NN 71 CD 579 CD of IN 16 CD July NP 1971 CD The DT original JJ prior JJ charges NNS and CC mortgages NNS of IN the DT claim NN may MD be VB reserved VVN with IN the DT consent NN of IN the DT owners NNS of IN the DT encumbered VVN property NN , , for IN the DT guarantee NN of IN the DT performance NN of IN the DT undertaking NN of IN the DT new JJ debtor NN . SENT Art NN . SENT 1280 CD Where WRB novation NN is VBZ brought VVN about RB between IN a DT creditor NN and CC one NN of IN the DT joint JJ and CC several JJ debtors NNS , , the DT prior JJ charges NNS and CC mortgages NNS of IN the DT former JJ claim NN may MD be VB reserved VVN only RB on IN the DT property NN of IN the DT person NN who WP contracts VVZ the DT new JJ debt NN . SENT Art NN . SENT 1281 CD Co NP debtors NNS are VBP released VVN by IN a DT novation NN made VVN between IN a DT creditor NN and CC one NN of IN the DT joint JJ and CC several JJ debtors NNS . SENT A DT novation NN brought VVD about RB with IN respect NN to TO a DT principal JJ debtor NN discharges NNS the DT sureties NNS . SENT Nevertheless RB , , where WRB a DT creditor NN in IN the DT first JJ case NN , , has VHZ required VVN adhesion NN of IN the DT co NP debtors NNS or CC , , in IN the DT second JJ case NN , , that WDT of IN the DT sureties NNS , , the DT former JJ claim NN subsists VVZ , , where WRB the DT co NP debtors NNS or CC the DT sureties NNS refuse VVP to TO agree VV to TO the DT new JJ arrangement NN . SENT Section NP III NP Of IN Remission NN of IN Debt NP Art NP . SENT 1282 CD A NP voluntary JJ remittance NN of IN the DT original JJ instrument NN under IN private JJ signature NN , , by IN a DT creditor NN to TO a DT debtor NN , , is VBZ proof NN of IN discharge NN . SENT Art NN . SENT 1283 CD A NP voluntary JJ remittance NN of IN the DT executory JJ copy NN of IN the DT instrument NN of IN title NN establishes VVZ a DT presumption NN of IN remission NN of IN the DT debt NN or CC of IN payment NN , , without IN prejudice NN to TO proof NN of IN the DT contrary NN . SENT Art NN . SENT 1284 CD A NP voluntary JJ remittance NN of IN the DT original JJ instrument NN under IN private JJ signature NN , , or CC of IN the DT executory JJ copy NN of IN the DT instrument NN of IN title NN , , to TO one CD of IN the DT joint JJ and CC several JJ debtors NNS , , has VHZ the DT same JJ effect NN for IN the DT benefit NN of IN his PP$ co NP debtors NNS . SENT Art NN . SENT 1285 CD A NP remission NN or CC agreed VVD discharge NN for IN the DT benefit NN of IN one CD of IN the DT joint JJ and CC several JJ co NP debtors NNS releases VVZ all PDT the DT others NNS , , unless IN the DT creditor NN has VHZ expressly RB reserved VVN his PP$ rights NNS against IN the DT latter NN . SENT In IN that DT last JJ case NN , , he PP may MD recover VV the DT debt NN only RB after IN deducting VVG the DT share NN of IN the DT one NN to TO whom WP he PP has VHZ made VVN the DT remission NN . SENT Art NN . SENT 1286 CD A DT remittance NN of IN a DT thing NN given VVN as IN pledge NN does VVZ not RB suffice VV to TO establish VV a DT presumption NN of IN remission NN of IN debt NN . SENT Art NN . SENT 1287 CD A NP remission NN or CC agreed VVD discharge NN granted VVD to TO a DT principal JJ debtor NN releases VVZ the DT sureties NNS . SENT That IN granted VVN to TO a DT surety NN does VVZ not RB release VV the DT principal JJ debtor NN . SENT That DT granted VVD to TO one CD of IN the DT sureties NNS does VVZ not RB release VV the DT others NNS . SENT Art NN . SENT 1288 CD What WP a DT creditor NN has VHZ received VVN from IN a DT surety NN to TO discharge VV his PP$ security NN shall MD be VB appropriated VVN to TO the DT debt NN , , and CC turn VV to TO the DT discharge NN of IN the DT principal JJ debtor NN and CC of IN the DT other JJ sureties NNS . SENT Section NP IV NP Of IN Set NN Off IN Art NP . SENT 1289 CD Where WRB two CD persons NNS are VBP debtors NNS towards IN each DT other JJ , , set VV off RP is VBZ brought VVN about IN which WDT extinguishes VVZ both DT debts NNS , , in IN the DT manner NN and CC in IN the DT cases NNS hereafter RB laid VVN down RP . SENT Art NN . SENT 1290 CD Set NN off RB is VBZ brought VVN about RB as RB of IN right NN by IN the DT sole JJ operation NN of IN the DT law NN , , even RB without IN the DT knowledge NN of IN the DT debtors NNS . SENT the DT two CD debts NNS are VBP reciprocally RB extinguished VVN , , from IN the DT moment NN when WRB they PP happen VVP to TO exist VV at IN the DT same JJ time NN , , to TO the DT extent NN of IN their PP$ respective JJ amounts NNS . SENT Art NN . SENT 1291 CD Set NN off RB takes VVZ place NN only RB between IN two CD debts NNS which WDT have VHP likewise RB as IN their PP$ object NN a DT sum NN of IN money NN or CC a DT certain JJ quantity NN of IN fungibles NNS of IN the DT same JJ kind NN and CC which WDT are VBP likewise RB liquid JJ and CC due JJ . SENT Undisputed JJ performances NNS in IN crops NNS or CC commodities NNS , , and CC whose WP$ price NN is VBZ fixed VVN by IN market NN lists NNS , , may MD be VB set VVN off RP against IN liquid JJ and CC due JJ sums NNS . SENT Art NN . SENT 1292 CD Days NNS of IN grace NN are VBP not RB a DT bar NN to TO set VV off RP . SENT Art NN . SENT 1293 CD Set NN off RB takes VVZ place NN whatever WDT the DT origin NN of IN either DT debt NN may MD be VB , , except IN in IN the DT case NN . SENT 1 CD Of IN a DT claim NN for IN restitution NN of IN a DT thing NN of IN which WDT the DT owner NN has VHZ been VBN unjustly RB deprived VVN . SENT 2 CD Of IN a DT claim NN for IN restitution NN of IN a DT deposit NN or CC of IN a DT loan NN for IN use NN . SENT 3 CD Of IN a DT debt NN due JJ for IN maintenance NN declared VVD not RB liable JJ to TO attachment NN . SENT Art NN . SENT 1294 CD A NP surety NN may MD raise VV set VVN off RP for IN what WP the DT creditor NN owes VVZ to TO the DT principal JJ debtor NN . SENT But CC a DT principal JJ debtor NN may MD not RB raise VV set VVN off RP of IN what WP the DT creditor NN owes VVZ to TO the DT surety NN . SENT Similarly RB , , a DT joint JJ and CC several JJ debtor NN may MD not RB raise VV set VVN off RP of IN what WP the DT creditor NN owes VVZ to TO his PP$ co NP debtor NN . SENT Art NN 1295 CD A DT debtor NN who WP has VHZ accepted VVN outright RB the DT assignment NN which WDT a DT creditor NN made VVN of IN his PP$ rights NNS to TO a DT third JJ party NN may MD no RB longer RB raise VV against IN the DT assignee NN a DT set NN off IN which WDT he PP might MD have VH raised VVN against IN the DT assignor NN before IN the DT acceptance NN . SENT As RB regards VVZ an DT assignment NN which WDT was VBD not RB accepted VVN by IN the DT debtor NN , , but CC notice NN of IN which WDT has VHZ been VBN served VVN upon IN him PP , , it PP prevents VVZ only RB set VV off RP as IN to TO claims NNS subsequent JJ to TO that DT notice NN . SENT Art NN . SENT 1296 CD Where WRB two CD debts NNS are VBP not RB payable JJ at IN the DT same JJ place NN , , set VVN off RP may MD be VB raised VVN only RB by IN giving VVG satisfaction NN as RB to TO the DT costs NNS of IN delivery NN . SENT Art NN . SENT 1297 CD Where WRB several JJ debts NNS due JJ by IN the DT same JJ person NN may MD be VB set VVN off RP , , the DT same JJ rules NNS are VBP followed VVN as RB to TO set VV off RP as IN those DT established VVN for IN appropriation NN by IN Article NP 1256 CD . SENT Art NN . SENT 1298 CD Set NN off RB does VVZ not RB take VV place NN to TO the DT detriment NN of IN the DT vested JJ rights NNS of IN third JJ parties NNS . SENT Thus RB , , a DT person NN who WP , , being JJ a DT debtor NN , , has VHZ become VVN a DT creditor NN after IN an DT attachment NN has VHZ been VBN made VVN in IN his PP$ hands NNS by IN a DT third JJ party NN may MD not RB raise VV set VVN off RP to TO the DT detriment NN of IN the DT attaching VVG party NN . SENT Art NN . SENT 1299 CD He PP who WP has VHZ paid VVN a DT debt NN which WDT was VBD extinguished VVN as RB of IN right NN by IN set VVN off RP may MD no RB longer RB , , by IN enforcing VVG the DT claim NN for IN which WDT he PP has VHZ not RB raised VVN set VVN off RP , , avail VV himself PP of IN the DT prior JJ charges NNS or CC mortgages NNS attached VVN thereto RB , , to TO the DT detriment NN of IN third JJ parties NNS , , unless IN he PP had VHD good JJ reason NN for IN not RB being VBG aware JJ of IN the DT claim NN which WDT would MD have VH set VVN off RP his PP$ debt NN . SENT Section NN V NN Of IN Merger NP Art NP . SENT 1300 CD Where WRB the DT capacities NNS of IN creditor NN and CC debtor NN are VBP united VVN in IN the DT same JJ person NN , , a DT merger NN is VBZ made VVN as RB of IN right NN which WDT extinguishes VVZ both DT claims NNS . SENT Art NN . SENT 1301 CD A NP merger NN which WDT is VBZ brought VVN about RB in IN the DT person NN of IN a DT principal JJ debtor NN benefits VVZ his PP$ sureties NNS . SENT That DT which WDT is VBZ brought VVN about RB in IN the DT person NN of IN a DT surety NN does VVZ not RB involve VV extinguishment NN of IN the DT principal JJ obligation NN . SENT That DT which WDT is VBZ brought VVN about RB in IN the DT person NN of IN a DT creditor NN , , benefits VVZ his PP$ joint JJ and CC several JJ co NP debtors NNS only RB as RB to TO the DT share NN and CC portion NN of IN which WDT he PP was VBD debtor JJ . SENT Section NP VI NP Of IN the DT Loss NN of IN a DT Thing NP Due NP Art NP . SENT 1302 CD Where WRB a DT thing NN certain JJ and CC determined VVD which WDT was VBD the DT object NN of IN an DT obligation NN perishes VVZ , , may MD no RB longer RBR be VB the DT subject JJ matter NN of IN legal JJ transactions NNS between IN private JJ individuals NNS , , or CC is VBZ lost VVN in IN such PDT a DT way NN that IN its PP$ existence NN is VBZ absolutely RB unknown JJ , , the DT obligation NN is VBZ extinguished VVN if IN the DT thing NN has VHZ perished VVN or CC has VHZ been VBN lost VVN without IN the DT fault NN of IN the DT debtor NN , , and CC before IN he PP was VBD under IN notice NN of IN default NN . SENT Even RB where WRB the DT debtor NN is VBZ under IN notice NN of IN default NN , , if IN he PP has VHZ not RB assumed VVN fortuitous JJ events NNS , , the DT obligation NN is VBZ extinguished VVN in IN the DT case NN where WRB the DT thing NN would MD also RB have VH perished VVN in IN the DT hands NNS of IN the DT creditor NN if IN it PP had VHD been VBN delivered VVN to TO him PP . SENT The DT debtor NN is VBZ obliged VVN to TO prove VV the DT fortuitous JJ event NN which WDT he PP alleges VVZ . SENT In IN whatever WDT manner NN a DT thing NN which WDT has VHZ been VBN stolen VVN may MD have VH perished VVN , , or CC been VBN lost VVN , , its PP$ loss NN does VVZ not RB excuse VV the DT person NN who WP took VVD it PP away RP from IN restitution NN of IN its PP$ price NN . SENT Art NN . SENT 1303 CD Where WRB a DT thing NN perishes VVZ , , may MD no RB longer RBR be VB the DT subject JJ matter NN of IN legal JJ transactions NNS between IN private JJ individuals NNS , , or CC is VBZ lost VVN , , without IN the DT fault NN of IN the DT debtor NN , , he PP is VBZ obliged VVN , , if IN there EX are VBP any DT rights NNS or CC actions NNS for IN indemnity NN with IN respect NN to TO that DT thing NN , , to TO assign VV them PP to TO his PP$ creditor NN . SENT Section NP VII NP Of IN the DT Action NP for IN Annulment NN or CC Rescission NN of IN Agreements NNS Art NN . SENT 1304 CD Act NP n NN 68 CD 05 CD of IN 3 CD Jan NP . SENT 1968 CD In IN all DT cases NNS where WRB an DT action NN for IN annulment NN or CC rescission NN of IN an DT agreement NN is VBZ not RB limited VVN to TO a DT shorter JJR time NN by IN a DT special JJ statute NN , , that DT action NN lasts VVZ five CD years NNS . SENT In IN case NN of IN duress NN , , that DT time NN runs VVZ only RB from IN the DT day NN when WRB it PP has VHZ ceased VVN . SENT in IN case NN of IN error NN or CC deception NN , , from IN the DT day NN when WRB they PP were VBD discovered VVN . SENT As RB regards VVZ transactions NNS entered VVN into IN by IN a DT minor JJ , , the DT time NN runs VVZ only RB from IN the DT day NN of IN majority NN or CC emancipation NN . SENT and CC as RB regards VVZ transactions NNS entered VVN into IN by IN a DT protected JJ adult NN , , from IN the DT day NN when WRB he PP had VHD knowledge NN of IN them PP , , while IN being VBG in IN a DT situation NN to TO validly RB redo VV them PP . SENT It PP runs VVZ against IN the DT heirs NNS of IN a DT person NN under IN a DT disability NN only RB from IN the DT day NN of IN the DT death NN , , unless IN it PP has VHZ begun VVN to TO run VV previously RB . SENT Art NN . SENT 1305 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD A NP mere JJ loss NN gives VVZ rise NN to TO rescission NN in IN favour NN of IN a DT non JJ emancipated VVN minor JJ , , with IN respect NN to TO all DT kinds NNS of IN agreements NNS . SENT Art NN . SENT 1306 CD A NP minor JJ is VBZ not RB entitled VVN to TO rescission NN on IN the DT ground NN of IN loss NN , , where WRB it PP results VVZ only RB from IN a DT casual JJ and CC unforeseen JJ event NN . SENT Art NN . SENT 1307 CD A NP mere JJ declaration NN of IN majority NN , , made VVN by IN a DT minor JJ , , is VBZ not RB a DT bar NN to TO rescission NN . SENT Art NN . SENT 1308 CD Act NP n NN 74 CD 631 CD of IN 5 CD July NP 1974 CD A DT minor NN who WP practises VVZ a DT profession NN is VBZ not RB entitled VVN to TO rescission NN against IN undertakings NNS which WDT he PP has VHZ taken VVN upon IN himself PP in IN the DT practice NN thereof RB . SENT Art NN . SENT 1309 CD A NP minor JJ is VBZ not RB entitled VVN to TO rescission NN against IN the DT terms NNS contained VVN in IN his PP$ ante NN nuptial JJ agreement NN where WRB they PP were VBD made VVN with IN the DT consent NN and CC assistance NN of IN those DT whose WP$ consent NN is VBZ required VVN for IN the DT validity NN of IN his PP$ marriage NN . SENT Art NN . SENT 1310 CD He PP is VBZ not RB entitled VVN to TO rescission NN against IN the DT obligations NNS resulting VVG from IN his PP$ intentional JJ or CC unintentional JJ wrongs NNS . SENT Art NN . SENT 1311 CD He PP is VBZ no DT longer RB allowed VVN to TO repudiate VV an DT undertaking NN which WDT he PP had VHD entered VVN into IN during IN his PP$ minority NN where WRB he PP has VHZ ratified VVD it PP when WRB an DT adult NN , , whether IN that DT undertaking NN was VBD void JJ in IN its PP$ form NN , , or CC only RB subject JJ to TO rescission NN . SENT Art NN . SENT 1312 CD Act NP of IN 18 CD Feb NN . SENT 1938 CD Where WRB minors NNS or CC adults NNS in IN guardianship NN are VBP entitled VVN in IN those DT capacities NNS to TO rescission NN against IN their PP$ undertakings NNS , , the DT repayment NN of IN what WP may MD have VH been VBN paid VVN during IN the DT minority NN or CC the DT guardianship NN of IN adults NNS in IN consequence NN of IN those DT undertakings NNS , , may MD not RB be VB demanded VVN , , unless IN it PP is VBZ proved VVN that IN what WP has VHZ been VBN paid VVN has VHZ turned VVN to TO their PP$ benefit NN . SENT Art NN . SENT 1313 CD Adults NNS are VBP entitled VVN to TO rescission NN for IN loss NN only RB in IN the DT cases NNS and CC subject JJ to TO the DT conditions NNS specially RB laid VVD down RP in IN this DT Code NP . SENT Art NN . SENT 1314 CD Where WRB the DT formalities NNS required VVN with IN regard NN to TO minors NNS or CC adults NNS in IN guardianship NN either CC for IN the DT conveyance NN of IN an DT immovable JJ , , or CC for IN the DT partition NN of IN a DT succession NN , , have VHP been VBN fulfilled VVN , , they PP shall MD be VB , , in IN relation NN to TO those DT transactions NNS , , considered VVN as IN though IN they PP had VHD made VVN them PP during IN majority NN or CC before IN the DT guardianship NN of IN adults NNS . SENT CHAPTER NN VI NP OF IN THE DT PROOF NN OF IN OBLIGATIONS NNS AND CC OF IN PAYMENT NN Art NN . SENT 1315 CD A NP person NN who WP claims VVZ the DT performance NN of IN an DT obligation NN must MD prove VV it PP . SENT Reciprocally RB , , a DT person NN who WP claims VVZ to TO be VB released VVN must MD substantiate VV the DT payment NN or CC the DT fact NN which WDT has VHZ produced VVN the DT extinguishment NN of IN his PP$ obligation NN . SENT Art NN . SENT 1315 CD 1 CD Act NP n NN 2000 CD 230 CD of IN 13 CD March NP 2000 CD The NP rules NNS relating VVG to TO documentary JJ evidence NN , , oral JJ evidence NN , , presumptions NNS , , admissions NNS of IN parties NNS and CC oaths NNS are VBP explained VVN in IN the DT following VVG Sections NNS . SENT Section NN I NN Of IN Documentary NN Evidence NN 1 CD General NP Provisions NNS Act NP n NN 2000 CD 230 CD of IN 13 CD March NP 2000 CD Art NN . SENT 1316 CD Documentary NN evidence NN , , or CC evidence NN in IN writing NN , , results NNS from IN a DT sequence NN of IN letters NNS , , characters NNS , , figures NNS or CC of IN any DT other JJ signs NNS or CC symbols NNS having VHG an DT intelligible JJ meaning NN , , whatever WDT their PP$ medium NN and CC the DT ways NNS and CC means VVZ of IN their PP$ transmission NN may MD be VB . SENT Art NN . SENT 1316 CD 1 CD A DT document NN in IN electronic JJ form NN is VBZ admissible JJ as IN evidence NN in IN the DT same JJ manner NN as IN a DT paper NN based VVN document NN , , provided VVN that IN the DT person NN from IN whom WP it PP proceeds VVZ can MD be VB duly RB identified VVN and CC that IN it PP be VB established VVN and CC stored VVN in IN conditions NNS calculated VVN to TO secure VV its PP$ integrity NN . SENT Art NN . SENT 1316 CD 2 CD Where WRB a DT statute NN has VHZ not RB fixed VVN other JJ principles NNS , , and CC failing VVG a DT valid JJ agreement NN to TO the DT contrary NN between IN the DT parties NNS , , the DT judge NN shall MD regulate VV the DT conflicts NNS in IN matters NNS of IN documentary JJ evidence NN by IN determining VVG by IN every DT means VVZ the DT most RBS credible JJ instrument NN , , whatever WDT its PP$ medium NN may MD be VB . SENT Art NN . SENT 1316 CD 3 CD An DT electronic JJ based VVN document NN has VHZ the DT same JJ probative JJ value NN as IN a DT paper NN based VVN document NN . SENT Art NN . SENT 1316 CD 4 CD The DT signature NN necessary JJ to TO the DT execution NN of IN a DT legal JJ transaction NN identifies VVZ the DT person NN who WP apposes VVZ it PP . SENT It PP makes VVZ clear VV the DT consent NN of IN the DT parties NNS to TO the DT obligations NNS which WDT flow VVP from IN that DT transaction NN . SENT When WRB it PP is VBZ apposed VVN by IN a DT public JJ officer NN , , it PP confers VVZ authenticity NN to TO the DT document NN . SENT Where WRB it PP is VBZ electronic JJ , , it PP consists VVZ in IN a DT reliable JJ process NN of IN identifying VVG which WDT safeguards VVZ its PP$ link NN with IN the DT instrument NN to TO which WDT it PP relates VVZ . SENT The DT reliability NN of IN that DT process NN shall MD be VB presumed VVN , , until IN proof NN to TO the DT contrary NN , , where WRB an DT electronic JJ signature NN is VBZ created VVN , , the DT identity NN of IN the DT signatory NN secured VVN and CC the DT integrity NN of IN the DT instrument NN safeguarded VVN , , subject JJ to TO the DT conditions NNS laid VVN down RP by IN decree NN in IN Conseil NP d SYM tat NN . SENT 2 CD Of IN Authentic JJ Instruments NPS Art NP . SENT 1317 RB An DT authentic JJ instrument NN is VBZ one NN which WDT has VHZ been VBN received VVN by IN public JJ officers NNS empowered VVN to TO draw VV up RP such JJ instruments NNS at IN the DT place NN where WRB the DT instrument NN was VBD written VVN and CC with IN the DT requisite JJ formalities NNS . SENT Act NP n NN 2000 CD 230 CD of IN 13 CD March NP 2000 CD It PP may MD be VB drawn VVN up RP on IN an DT electronic JJ medium NN where WRB it PP is VBZ established VVN and CC stored VVN in IN conditions NNS fixed VVN by IN decree NN in IN Conseil NP d SYM tat NN . SENT Art NN . SENT 1318 CD An DT instrument NN which WDT is VBZ not RB authentic JJ because IN of IN the DT lack NN of IN power NN or CC incapacity NN of IN the DT officer NN , , or CC of IN a DT defect NN in IN form NN , , has VHZ the DT value NN of IN a DT private JJ instrument NN , , if IN it PP was VBD signed VVN by IN the DT parties NNS . SENT Art NN . SENT 1319 RB An DT authentic JJ instrument NN is VBZ conclusive JJ evidence NN of IN the DT agreement NN it PP contains VVZ between IN the DT contracting NN parties NNS and CC their PP$ heirs NNS or CC assigns VVZ . SENT Nevertheless RB in IN case NN of IN a DT criminal JJ complaint NN for IN forgery NN , , the DT execution NN of IN the DT instrument NN allegedly RB forged VVN is VBZ suspended VVN by IN the DT indictment NN . SENT and CC in IN case NN of IN allegation NN of IN forgery NN made VVN incidentally RB , , the DT courts NNS may MD , , according VVG to TO the DT circumstances NNS , , suspend VV temporarily RB the DT execution NN of IN the DT instrument NN . SENT Art NN . SENT 1320 CD An DT instrument NN , , either CC authentic JJ , , or CC under IN private JJ signature NN , , is VBZ evidence NN between IN the DT parties NNS , , even RB of IN what WP is VBZ expressed VVN only RB in IN declaratory JJ terms NNS , , provided VVD the DT declaration NN has VHZ a DT direct JJ connection NN with IN the DT operative JJ part NN . SENT Declarations NNS irrelevant JJ to TO the DT operative JJ part NN may MD only RB be VB used VVN as IN a DT commencement NN of IN proof NN . SENT Art NN . SENT 1321 CD Counter NP letters NNS may MD be VB effective JJ only RB between IN the DT contracting NN parties NNS . SENT they PP may MD not RB be VB effective JJ against IN third JJ parties NNS . SENT 3 CD Of IN Instruments NNS under IN Private JJ Signature NN Art NN . SENT 1322 CD . SENT An DT instrument NN under IN private JJ signature NN , , acknowledged VVD by IN the DT person NN against IN whom WP it PP is VBZ set VVN up RP , , or CC statutorily RB held VVN as IN acknowledged VVN , , is VBZ , , between IN those DT who WP have VHP signed VVN it PP and CC between IN their PP$ heirs NNS and CC assigns VVZ , , as RB conclusive JJ as IN an DT authentic JJ instrument NN . SENT Art NN . SENT 1323 CD A DT person NN against IN whom WP an DT instrument NN under IN private JJ signature NN is VBZ set VVN up RB is VBZ obliged VVN to TO formally RB admit VV or CC disclaim VV his PP$ handwriting NN or CC his PP$ signature NN . SENT His PP$ heirs NNS or CC assigns VVZ may MD confine VV themselves PP to TO declare VV that IN they PP are VBP not RB aware JJ of IN the DT handwriting NN or CC the DT signature NN of IN their PP$ predecessor NN in IN title NN . SENT Art NN . SENT 1324 CD . SENT In IN the DT case NN where WRB the DT party NN disclaims VVZ his PP$ handwriting NN or CC his PP$ signature NN , , and CC in IN the DT case NN where WRB his PP$ heirs NNS or CC assigns VVZ declare VV that IN they PP are VBP not RB aware JJ of IN them PP , , a DT verification NN shall MD be VB ordered VVN in IN court NN . SENT Art NN . SENT 1325 CD Instruments NNS under IN private JJ signature NN which WDT contain VVP synallagmatic JJ agreements NNS are VBP valid JJ only RB insofar RB as IN they PP have VHP been VBN made VVN in IN as IN many JJ originals NNS as IN there RB are NN parties NNS having VHG a DT distinct JJ interest NN . SENT One CD original NN suffices VVZ for IN all PDT the DT persons NNS who WP have VHP the DT same JJ interest NN . SENT Each DT original NN must MD indicate VV the DT number NN of IN originals NNS which WDT have VHP been VBN made VVN . SENT Nevertheless RB , , a DT failure NN to TO mention VV that IN the DT originals NNS have VHP been VBN made VVN in IN duplicate JJ , , triplicate NN , , etc FW . SENT , , may MD not RB be VB set VVN up RP by IN the DT party NN who WP has VHZ performed VVN on IN his PP$ part NN the DT agreement NN entered VVN on IN the DT instrument NN . SENT Art NN . SENT 1326 CD Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD The DT legal JJ transaction NN by IN which WDT one CD party NN alone RB undertakes VVZ towards IN another DT to TO pay VV him PP a DT sum NN of IN money NN or CC to TO deliver VV him PP a DT fungible NN must MD be VB ascertained VVN in IN an DT instrument NN which WDT carries VVZ the DT signature NN of IN the DT person NN who WP subscribes VVZ that IN undertaking VVG as RB well RB as IN the DT mention NN , , written VVN by IN himself PP Act NP n NN 2000 CD 230 CD of IN 13 CD March NP 2000 CD , , of IN the DT sum NN or CC of IN the DT quantity NN in IN full JJ and CC in IN figures NNS . SENT In IN case NN of IN difference NN , , the DT instrument NN under IN private JJ signature NN is VBZ valid JJ for IN the DT sum NN written VVN in IN full JJ . SENT Art NN . SENT 1327 CD repealed VVN Art NN . SENT 1328 CD Instruments NNS under IN private JJ signature NN have VHP a DT date NN against IN third JJ parties NNS only RB from IN the DT day NN when WRB they PP have VHP been VBN registered VVN , , from IN the DT day NN of IN the DT death NN of IN the DT one CD or CC one CD of IN those DT who WP have VHP signed VVN them PP , , or CC from IN the DT date NN when WRB their PP$ gist NN is VBZ established VVN in IN instruments NNS drawn VVN up RP by IN public JJ officers NNS , , such JJ as IN memoranda NNS of IN sealing VVG or CC of IN inventory NN . SENT Art NN . SENT 1329 CD The NP registers NNS of IN merchants NNS are VBP not RB evidence NN of IN the DT supplies NNS therein RB mentioned VVN against IN persons NNS who WP are VBP not RB merchant NN , , except IN for IN what WP will MD be VB stated VVN with IN regard NN to TO oaths NNS . SENT Art NN . SENT 1330 CD The NP books NNS of IN merchants NNS are VBP evidence NN against IN them PP . SENT but CC he PP who WP wishes VVZ to TO take VV advantage NN from IN them PP may MD not RB separate VV from IN them PP what WP they PP contain VVP contrary NN to TO his PP$ claim NN . SENT Art NN . SENT 1331 CD Family NP registers NNS and CC papers NNS do VVP not RB constitute VV an DT instrument NN of IN title NN for IN the DT one NN who WP wrote VVD them PP . SENT They PP are VBP evidence NN against IN him PP . SENT 1 CD in IN all DT cases NNS where WRB they PP formally RB state VVP a DT payment NN received VVD . SENT 2 CD where WRB they PP contain VVP an DT express JJ mention NN that IN the DT entry NN has VHZ been VBN made VVN to TO make VV good JJ a DT defect NN of IN the DT instrument NN in IN favour NN of IN the DT person NN in IN whose WP$ benefit NN they PP state VVP an DT obligation NN . SENT Art NN . SENT 1332 CD A NP writing NN made VVD by IN a DT creditor NN at IN the DT end NN , , in IN the DT margin NN or CC on IN the DT back NN of IN an DT instrument NN who WP has VHZ always RB remained VVN in IN his PP$ possession NN , , is VBZ evidence NN , , although IN not RB signed VVN or CC dated VVN by IN him PP , , where WRB it PP tends VVZ to TO establish VV the DT discharge NN of IN the DT debtor NN . SENT It PP shall MD be VB likewise RB with IN a DT writing NN made VVN by IN a DT creditor NN on IN the DT back NN , , or CC in IN the DT margin NN , , or CC at IN the DT end NN of IN the DT duplicate JJ of IN an DT instrument NN or CC of IN a DT receipt NN , , provided VVN that IN duplicate JJ is VBZ in IN the DT hands NNS of IN the DT debtor NN . SENT 4 CD Of IN Tallies NNS Art NN . SENT 1333 CD Tallies NNS corresponding JJ to TO their PP$ samples NNS are VBP evidence NN between IN persons NNS who WP are VBP in IN the DT practice NN of IN thus RB establishing VVG the DT supplies VVZ they PP furnish VV or CC receive VV in IN retail NN . SENT 5 CD Of IN Copies NNS of IN Instruments NP Art NP . SENT 1334 CD Where WRB the DT original JJ instrument NN is VBZ still RB extant JJ , , copies NNS are VBP evidence NN only RB of IN what WP is VBZ contained VVN in IN the DT instrument NN , , whose WP$ production NN may MD always RB be VB required VVN . SENT Art NN . SENT 1335 CD Where WRB the DT original JJ instrument NN no RB longer RB exists VVZ , , copies NNS are VBP evidence NN according VVG to TO the DT following VVG distinctions NNS . SENT 1 CD Executory JJ or CC first JJ office NN copies NNS are VBP evidence NN as IN the DT original NN is VBZ . SENT it PP shall MD be VB likewise RB with IN the DT copies NNS which WDT have VHP been VBN made VVN under IN the DT authority NN of IN the DT court NN , , the DT parties NNS being VBG present JJ or CC duly RB summoned VVN , , or CC with IN those DT which WDT have VHP been VBN made VVN in IN the DT presence NN of IN the DT parties NNS and CC by IN their PP$ mutual JJ consent NN . SENT 2 CD Copies NNS which WDT , , without IN the DT authority NN of IN the DT court NN or CC without IN the DT consent NN of IN the DT parties NNS and CC since IN the DT delivery NN of IN the DT executory JJ or CC first JJ office NN copies NNS , , have VHP been VBN made VVN from IN the DT original NN of IN the DT instrument NN by IN the DT notaire NN who WP received VVD it PP , , or CC by IN one CD of IN his PP$ successors NNS , , or CC by IN public JJ officers NNS who WP , , in IN such JJ capacity NN , , are VBP depositaries NNS of IN the DT originals NNS , , may MD , , in IN case NN or CC loss NN of IN the DT original NN , , be VB evidence NN when WRB they PP are VBP ancient JJ . SENT They PP shall MD be VB deemed VVN ancient JJ where WRB they PP are VBP more JJR than IN thirty CD years NNS old JJ . SENT Where WRB they PP are VBP less JJR than IN thirty CD years NNS old JJ , , they PP may MD only RB be VB used VVN as IN a DT commencement NN of IN proof NN in IN writing NN . SENT 3 CD Where WRB the DT copies NNS made VVN from IN the DT original NN of IN an DT instrument NN were VBD done VVN by IN the DT notaire NN who WP received VVD it PP , , or CC by IN one CD of IN his PP$ successors NNS , , or CC by IN public JJ officers NNS who WP , , in IN such JJ capacity NN , , are VBP depositaries NNS of IN the DT originals NNS , , they PP may MD be VB used VVN , , however RB ancient JJ they PP may MD be VB , , only RB as IN a DT commencement NN of IN proof NN in IN writing NN . SENT 4 CD Copies NNS of IN copies NNS may MD , , according VVG to TO the DT circumstances NNS , , be VB considered VVN as IN mere JJ information NN . SENT Art NN . SENT 1336 CD The DT registration NN of IN an DT instrument NN on IN public JJ registers NNS may MD only RB be VB used VVN as IN a DT commencement NN of IN proof NN in IN writing NN . SENT and CC even RB for IN that DT purpose NN it PP shall MD be VB necessary JJ . SENT 1 CD That IN it PP be VB certain JJ that IN all PDT the DT originals NNS of IN the DT notaire NN , , of IN the DT year NN in IN which WDT the DT instrument NN appears VVZ to TO have VH been VBN made VVN , , are VBP lost VVN , , or CC that IN one PP proves VVZ that IN the DT loss NN of IN the DT original NN occurred VVD through IN a DT particular JJ accident NN . SENT 2 LS That DT there RB exist VVP an DT orderly JJ list NN of IN the DT notaire NN , , which WDT establishes VVZ that IN the DT instrument NN was VBD made VVN at IN the DT same JJ date NN . SENT Where WRB , , owing VVG to TO the DT concurrence NN of IN these DT two CD circumstances NNS oral JJ evidence NN is VBZ admitted VVN , , those DT who WP were VBD witnesses NNS to TO the DT instrument NN shall MD be VB heard VVN , , if IN they PP are VBP still RB alive JJ . SENT 6 CD Of IN Instruments NP of IN Recognition NP and CC of IN Confirmation NN Art NN . SENT 1337 CD . SENT Instruments NNS of IN recognition NN do VVP not RB relieve VV from IN the DT production NN of IN the DT original JJ instrument NN , , unless IN its PP$ terms NNS are VBP specially RB stated VVN therein RB . SENT What WP they PP may MD contain VV in IN addition NN to TO the DT original JJ instrument NN , , or CC what WP is VBZ different JJ therein RB , , has VHZ no DT effect NN . SENT Nevertheless RB , , where WRB there EX are VBP several JJ consistent JJ recognitions NNS , , supported VVN by IN possession NN , , and CC of IN which WDT one PP dates VVZ back RB thirty CD years NNS , , the DT creditor NN may MD be VB relieved VVN from IN producing VVG the DT original JJ instrument NN . SENT Art NN . SENT 1338 CD An DT instrument NN of IN confirmation NN or CC ratification NN of IN an DT obligation NN against IN which WDT legislation NN allows VVZ an DT action NN for IN annulment NN or CC rescission NN is VBZ valid JJ only RB where WRB are NN found VVD therein RB the DT gist NN of IN that DT obligation NN , , mention NN of IN the DT ground NN of IN the DT action NN for IN rescission NN , , and CC the DT intention NN to TO cure VV the DT defect NN upon IN which WDT that DT action NN is VBZ based VVN . SENT Failing VVG an DT instrument NN of IN confirmation NN or CC ratification NN , , it PP is VBZ sufficient JJ that IN the DT obligation NN be VB performed VVN voluntarily RB after IN the DT time NN when WRB the DT obligation NN might MD be VB validly RB performed VVN or CC ratified VVN . SENT Confirmation NN , , ratification NN , , or CC voluntary JJ performance NN in IN the DT forms NNS and CC at IN the DT time NN determined VVN by IN law NN , , implies VVZ waiver NN of IN the DT grounds NNS and CC exceptions NNS which WDT might MD be VB raised VVN against IN that DT instrument NN , , without IN prejudice NN however RB to TO the DT rights NNS of IN third JJ parties NNS . SENT Art NN . SENT 1339 CD A NP donor NN may MD not RB cure VV by IN any DT act NN of IN confirmation NN the DT defects NNS of IN a DT gift NN inter VV vivos NNS , , void VV as RB to TO form VV . SENT it PP must MD be VB remade VVN in IN the DT form NN prescribed VVN by IN law NN . SENT Art NN . SENT 1340 CD Confirmation NN or CC ratification NN , , or CC voluntary JJ performance NN of IN a DT gift NN by IN the DT heirs NNS or CC assigns VVZ of IN a DT donor NN , , after IN his PP$ death NN , , implies VVZ that IN they PP waive VV their PP$ right NN to TO raise VV either CC the DT defects NNS in IN form NN or CC any DT other JJ defences NNS . SENT Section NP II NP Of IN Oral NP Evidence NN Art NN . SENT 1341 CD Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD An DT instrument NN before IN notaires NNS or CC under IN private JJ signature NN must MD be VB executed VVN in IN all DT matters NNS exceeding VVG a DT sum NN or CC value NN fixed VVN by IN decree NN 1 CD , , even RB for IN voluntary JJ deposits NNS , , and CC no DT proof NN by IN witness NN is VBZ allowed VVN against IN or CC beyond IN the DT contents NNS of IN instruments NNS , , or CC as IN to TO what WP is VBZ alleged VVN to TO have VH been VBN said VVN before IN , , at IN the DT time NN of IN , , or CC after IN the DT instruments NNS , , although IN it PP is VBZ a DT question NN of IN a DT lesser JJR sum NN or CC value NN . SENT All DT of IN which WDT without IN prejudice NN to TO what WP is VBZ prescribed VVN in IN the DT statutes NNS relating VVG to TO commerce NN . SENT 1 CD D NP . SENT n NN 80 CD 533 CD of IN 15 CD July NP 1980 CD . SENT 5 CD 000 CD F NN 800 CD Art NN . SENT 1342 CD Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD The DT above JJ rule NN shall MD apply VV where WRB an DT action NN contains VVZ , , in IN addition NN to TO a DT claim NN for IN capital NN , , a DT claim NN for IN interest NN which WDT , , added VVD to TO the DT capital NN , , exceeds VVZ the DT figure NN provided VVD for IN in IN the DT preceding JJ Article NN . SENT Art NN . SENT 1343 CD Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD A DT person NN who WP has VHZ brought VVN a DT claim NN exceeding VVG the DT figure NN provided VVD for IN in IN Article NP 1341 CD may MD no RB longer RBR be VB allowed VVN to TO produce VV oral JJ evidence NN , , even RB by IN reducing VVG his PP$ original JJ claim NN . SENT Art NN . SENT 1344 CD Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD Oral NP evidence NN may MD not RB be VB allowed VVN on IN a DT claim NN for IN a DT sum NN even RB lesser JJR than IN that DT which WDT is VBZ provided VVN for IN in IN Article NP 1341 CD , , where WRB that DT sum NN is VBZ declared VVN to TO be VB the DT balance NN or CC to TO form VV part NN of IN a DT larger JJR claim NN which WDT is VBZ not RB proved VVN in IN writing VVG . SENT Art NN . SENT 1345 CD Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD Where WRB , , in IN the DT same JJ proceedings NNS , , a DT party NN asserts VVZ several JJ claims NNS for IN which WDT he PP has VHZ no RB written VVN instrument NN , , and CC where WRB , , joined VVD together RB , , they PP exceed VVP the DT sum NN provided VVD for IN in IN Article NP 1341 CD , , oral JJ evidence NN of IN them PP may MD not RB be VB allowed VVN , , although IN the DT party NN alleges VVZ that IN those DT claims NNS come VVP from IN different JJ origins NNS and CC that IN they PP were VBD formed VVN at IN different JJ times NNS , , unless IN those DT rights NNS are VBP derived VVN from IN succession NN , , gift NN or CC otherwise RB , , from IN different JJ persons NNS . SENT Art NN . SENT 1346 CD All NP claims NNS , , whatever WDT their PP$ ground NN may MD be VB , , which WDT are VBP not RB fully RB justified VVN in IN writing NN , , shall MD be VB brought VVN by IN the DT same JJ process NN , , after IN which WDT the DT other JJ claims NNS of IN which WDT there EX is VBZ no DT written JJ evidence NN may MD not RB be VB received VVN . SENT Art NN . SENT 1347 CD The NP above JJ rules NNS are VBP subject JJ to TO exception NN where WRB there EX exists VVZ a DT commencement NN of IN proof NN in IN writing NN . SENT Is VBZ so RB called VVN any DT instrument NN in IN writing NN which WDT emanates VVZ from IN the DT person NN against IN whom WP a DT claim NN is VBZ brought VVN , , or CC from IN the DT person NN he PP represents VVZ , , and CC which WDT makes VVZ probable JJ the DT alleged JJ fact NN . SENT Act NP n NN 75 CD 596 CD of IN 9 CD July NP 1975 CD May MD be VB considered VVN by IN the DT judge NN as IN equivalent NN to TO a DT commencement NN of IN proof NN in IN writing VVG the DT declarations NNS made VVN by IN a DT party NN at IN the DT time NN of IN his PP$ personal JJ examination NN , , his PP$ refusal NN to TO answer VV or CC his PP$ absence NN at IN the DT examination NN . SENT Art NN . SENT 1348 CD Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD The DT above JJ rules NNS are VBP also RB subject JJ to TO exceptions NNS where WRB the DT obligation NN arises VVZ from IN a DT quasi NP contract NN , , an DT intentional JJ or CC unintentional JJ wrong JJ , , or CC where WRB one CD of IN the DT parties NNS either CC did VVD not RB have VH the DT material NN or CC moral JJ possibility NN to TO procure VV a DT written JJ proof NN of IN a DT legal JJ transaction NN , , or CC has VHZ lost VVN the DT instrument NN which WDT served VVD him PP as IN written JJ proof NN in IN consequence NN of IN a DT fortuitous JJ event NN or CC of IN force NN majeure NN . SENT They PP are VBP also RB subject JJ to TO exceptions NNS where WRB a DT party NN or CC a DT depositary NN has VHZ not RB kept VVN the DT original JJ instrument NN and CC presents VVZ a DT copy NN which WDT is VBZ a DT reproduction NN that WDT is VBZ not RB only RB faithful JJ but CC also RB enduring JJ . SENT Is VBZ deemed VVN enduring VVG an DT indelible JJ reproduction NN of IN the DT original NN which WDT involves VVZ a DT non JJ reversible JJ alteration NN of IN the DT medium NN . SENT Section NP III NP Of IN Presumptions NNS Art NN . SENT 1349 CD Presumptions NNS are VBP the DT consequences NNS that IN a DT statute NN or CC the DT court NN draws VVZ from IN a DT known VVN fact NN to TO an DT unknown JJ fact NN . SENT 1 CD Of IN Presumptions NNS Established VVN by IN Statute NN Art NN . SENT 1350 CD A NP statutory JJ presumption NN is VBZ one NN which WDT is VBZ attached VVN by IN a DT special JJ statute NN to TO certain JJ transactions NNS or CC to TO certain JJ facts NNS . SENT such JJ as RB . SENT 1 LS The DT transactions NNS which WDT a DT statute NN declares VVZ void NN , , as IN presumed VVN made VVN in IN fraud NN of IN its PP$ provisions NNS , , from IN their PP$ nature NN alone RB . SENT 2 LS The DT cases NNS in IN which WDT a DT statute NN declares VVZ ownership NN or CC discharge NN to TO result VV from IN certain JJ determined VVN circumstances NNS . SENT 3 LS The DT authority NN which WDT law NN gives VVZ to TO res NN judicata NNS . SENT 4 LS The DT force NN which WDT law NN attaches VVZ to TO an DT admission NN of IN a DT party NN or CC to TO his PP$ oath NN . SENT Art NN . SENT 1351 CD The DT force NN of IN res NN judicata NN takes VVZ place NN only RB with IN respect NN to TO what WP was VBD the DT subject JJ matter NN of IN a DT judgment NN . SENT It PP is VBZ necessary JJ that IN the DT thing NN claimed VVN be VB the DT same JJ . SENT that IN the DT claim NN be VB based VVN on IN the DT same JJ grounds NNS . SENT that IN the DT claim NN be VB between IN the DT same JJ parties NNS and CC brought VVD by IN them PP and CC against IN them PP in IN the DT same JJ capacity NN . SENT Art NN . SENT 1352 CD A NP statutory JJ presumption NN dispenses VVZ from IN any DT proof NN him PP in RB whose WP$ favour NN it PP exists VVZ . SENT No DT proof NN is VBZ allowed VVN against IN a DT statutory JJ presumption NN , , where WRB , , on IN the DT basis NN of IN such JJ presumption NN , , the DT law NN annuls VVZ certain JJ transactions NNS or CC denies VVZ a DT right NN of IN action NN , , unless IN it PP reserves VVZ contrary JJ evidence NN and CC subject JJ to TO what WP will MD be VB said VVN on IN judicial JJ oath NN and CC admissions NNS . SENT 2 CD Of IN Presumptions NNS Which WDT are VBP not RB Established VVN by IN Statute NN Art NN . SENT 1353 CD The NP presumptions NNS which WDT are VBP not RB established VVN by IN a DT statute NN are VBP left VVN to TO the DT insight NN and CC carefulness NN of IN the DT judges NNS , , who WP shall MD only RB admit VV serious JJ , , precise JJ and CC concurrent JJ presumptions NNS , , and CC in IN the DT cases NNS only RB where WRB statutes NNS admit VVP oral JJ evidence NN , , unless IN a DT transaction NN is VBZ attacked VVN for IN reason NN of IN fraud NN or CC deception NN . SENT Section NP IV NP Of IN Admissions NNS of IN a DT Party NP Art NP . SENT 1354 CD An DT admission NN which WDT is VBZ set VVN up RP against IN a DT party NN is VBZ either RB extra JJ judicial JJ or CC judicial JJ . SENT Art NN . SENT 1355 CD An DT allegation NN of IN an DT extra JJ judicial JJ admission NN which WDT is VBZ purely RB verbal JJ is VBZ useless JJ whenever WRB the DT claim NN is VBZ one CD in IN which WDT oral JJ evidence NN would MD not RB be VB admissible JJ . SENT Art NN . SENT 1356 CD A NP judicial JJ admission NN is VBZ a DT declaration NN which WDT a DT party NN or CC his PP$ special JJ agent NN makes VVZ in IN court NN . SENT It PP is VBZ conclusive JJ evidence NN against IN him PP who WP made VVD it PP . SENT It PP may MD not RB be VB divided VVN against IN him PP . SENT It PP may MD not RB be VB revoked VVN , , unless IN it PP is VBZ proved VVN that IN it PP was VBD the DT result NN of IN an DT error NN of IN fact NN . SENT It PP might MD not RB be VB revoked VVN under IN the DT pretext NN of IN an DT error NN of IN law NN . SENT Section NN V NN Of IN Oaths NNS Art NN . SENT 1357 CD A NP judicial JJ oath NN is VBZ of IN two CD kinds NNS . SENT 1 LS The DT one CD which WDT a DT party NN tenders NNS to TO the DT other JJ in IN order NN to TO make VV the DT judgment NN of IN the DT case NN depend VVP upon IN it PP . SENT it PP is VBZ called VVN decisive JJ . SENT 2 LS The DT one NN which WDT is VBZ tendered VVN by IN the DT judge NN of IN his PP$ own JJ motion NN to TO one CD or CC another DT of IN the DT parties NNS . SENT 1 CD Of IN Decisive JJ Oaths NNS Art NN . SENT 1358 CD A NP decisive JJ oath NN may MD be VB tendered VVN in IN any DT kind NN of IN controversies NNS whatsoever RB . SENT Art NN . SENT 1359 CD It PP may MD be VB tendered VVN only RB as IN to TO a DT fact NN which WDT is VBZ personal JJ to TO the DT party NN to TO whom WP it PP is VBZ tendered VVN . SENT Art NN . SENT 1360 CD It PP may MD be VB tendered VVN at IN all DT stages NNS of IN the DT case NN and CC although IN there EX exists VVZ no DT commencement NN of IN proof NN in IN writing VVG of IN the DT claim NN or CC of IN the DT defence NN in IN relation NN to TO which WDT it PP is VBZ instigated VVD . SENT Art NN . SENT 1361 CD A NP person NN to TO whom WP an DT oath NN is VBZ tendered VVN , , who WP refuses VVZ it PP or CC does VVZ not RB consent VV to TO tender VV it PP back RB to TO his PP$ opponent NN , , or CC an DT opponent NN to TO whom WP it PP has VHZ been VBN tendered VVN back RB and CC who WP refuses VVZ it PP , , shall MD be VB defeated VVN in IN his PP$ claim NN or CC in IN his PP$ defence NN . SENT Art NN . SENT 1362 CD An DT oath NN may MD not RB be VB tendered VVN back RB where WRB the DT fact NN to TO which WDT it PP relates VVZ does VVZ not RB concern VV both DT parties NNS , , but CC is VBZ purely RB personal JJ to TO the DT one NN to TO whom WP the DT oath NN was VBD tendered VVN . SENT Art NN . SENT 1363 CD Where WRB an DT oath NN tendered VVN or CC tendered VVN back RB has VHZ been VBN taken VVN , , the DT opponent NN is VBZ not RB admitted VVN to TO prove VV the DT falsity NN of IN it PP . SENT Art NN . SENT 1364 CD The DT party NN who WP has VHZ tendered VVN or CC tendered VVN back RB an DT oath NN may MD no RB longer RB retract VV where WRB the DT opponent NN has VHZ declared VVN that IN he PP is VBZ ready JJ to TO take VV the DT oath NN . SENT Art NN . SENT 1365 CD An DT oath NN is VBZ evidence NN only RB for IN the DT benefit NN of IN the DT person NN who WP has VHZ tendered VVN it PP or CC against IN him PP , , and CC for IN the DT benefit NN of IN his PP$ heirs NNS and CC assigns VVZ or CC against IN them PP . SENT Nevertheless RB an DT oath NN tendered VVN by IN one CD of IN the DT joint JJ and CC several JJ creditors NNS to TO a DT debtor JJ discharges NNS the DT latter NN only RB for IN the DT share NN of IN that DT creditor NN . SENT An DT oath NN tendered VVN to TO a DT principal JJ debtor NN discharges NNS also RB the DT sureties NNS . SENT The DT one NN tendered VVN to TO one CD of IN the DT joint JJ and CC several JJ debtors NNS benefits VVZ the DT co NP debtors NNS . SENT And CC the DT one NN tendered VVN to TO a DT surety NN benefits VVZ the DT principal JJ debtor NN . SENT In IN the DT last JJ two CD cases NNS , , the DT oath NN of IN a DT joint JJ and CC several JJ co NP debtor NN or CC of IN a DT surety NN benefits VVZ the DT other JJ co NP debtors NNS or CC the DT principal JJ debtor NN only RB where WRB it PP has VHZ been VBN tendered VVN in IN connection NN with IN the DT debt NN , , and CC not RB with IN the DT circumstance NN of IN the DT joint JJ and CC several JJ liability NN or CC of IN the DT security NN . SENT 2 CD Of IN Oaths NNS Tendered VVN by IN a DT Judge NP of IN his PP$ Own NP Motion NP Art NP . SENT 1366 CD A NP judge NN may MD tender VV an DT oath NN to TO one CD of IN the DT party NN , , in IN order NN either CC to TO make VV the DT decision NN of IN the DT case NN depend VVP upon IN it PP , , or CC only RB to TO fix VV the DT amount NN of IN the DT order NN . SENT Art NN . SENT 1367 CD A NP judge NN may MD tender VV an DT oath NN of IN his PP$ own JJ motion NN , , with IN reference NN either CC to TO a DT claim NN or CC to TO a DT defence NN set VVD up RP against IN it PP , , only RB subject JJ to TO the DT following VVG two CD conditions NNS . SENT it PP is VBZ necessary JJ . SENT 1 CD That IN the DT claim NN or CC the DT defence NN be VB not RB fully RB substantiated VVN . SENT 2 CD That IN it PP be VB not RB wholly RB deprived VVN of IN proof NN . SENT Outside IN those DT two CD cases NNS , , the DT judge NN must MD either RB admit VV or CC dismiss VV the DT claim NN outright RB . SENT Art NN . SENT 1368 CD An DT oath NN tendered VVN by IN the DT judge NN of IN his PP$ own JJ motion NN to TO one CD of IN the DT parties NNS may MD not RB be VB tendered VVN back RB by IN that DT party NN to TO the DT other JJ . SENT Art NN . SENT 1369 CD An DT oath NN as RB to TO the DT value NN of IN a DT thing NN claimed VVD may MD be VB tendered VVN by IN the DT judge NN to TO the DT plaintiff NN only RB where WRB it PP is VBZ otherwise RB impossible JJ to TO establish VV that DT value NN . SENT Even RB in IN that DT case NN , , the DT judge NN must MD determine VV the DT sum NN up RB to TO the DT amount NN of IN which WDT the DT plaintiff NN shall MD be VB believed VVN on IN his PP$ oath NN . SENT TITLE NN IV NP OF IN UNDERTAKINGS NNS FORMED VVN WITHOUT IN AN DT AGREEMENT NN Art NN . SENT 1370 CD Certain JJ undertakings NNS are VBP formed VVN without IN the DT intervention NN of IN any DT agreement NN , , either CC on IN the DT part NN of IN him PP who WP binds VVZ himself PP , , or CC on IN the DT part NN of IN him PP towards IN whom WP he PP is VBZ bound VVN . SENT Some DT of IN them PP result VVP from IN the DT sole JJ authority NN of IN legislation NN . SENT others NNS arise VVP from IN an DT act NN personal JJ to TO the DT one NN who WP is VBZ obligated VVN . SENT The DT former JJ are VBP the DT undertakings NNS formed VVD involuntarily RB , , such JJ as IN those DT between IN neighbouring VVG owners NNS , , or CC those DT of IN guardians NNS and CC other JJ administrators NNS who WP may MD not RB refuse VV the DT duties NNS which WDT are VBP imposed VVN upon IN them PP . SENT Undertakings NNS arising VVG from IN an DT act NN personal JJ to TO him PP who WP is VBZ bound VVN result NN either CC from IN quasi NP contracts NNS , , or CC from IN intentional JJ or CC unintentional JJ wrongs NNS . SENT they PP constitute VVP the DT subject JJ matter NN of IN this DT Title NN . SENT CHAPTER NN I NN OF IN QUASI NP CONTRACTS NNS Art NN . SENT 1371 CD Quasi NP contracts NNS are VBP purely RB voluntary JJ acts NNS of IN man NN , , from IN which WDT there EX results VVZ some DT undertaking NN towards IN a DT third JJ party NN , , and CC sometimes RB a DT reciprocal JJ undertaking NN of IN both DT parties NNS . SENT Art NN . SENT 1372 CD Where WRB one PP voluntarily RB manages VVZ another DT s PP business NN , , whether IN the DT owner NN is VBZ aware JJ of IN the DT management NN , , or CC whether IN he PP is VBZ not RB , , he PP who WP manages VVZ contracts NNS a DT tacit JJ undertaking NN to TO continue VV the DT management NN which WDT he PP has VHZ embarked VVN on RP , , and CC to TO complete VV it PP until IN the DT owner NN is VBZ in IN a DT position NN to TO look VV after IN it PP himself PP . SENT he PP must MD also RB take VV charge NN of IN all PDT the DT continuations NNS of IN that DT business NN . SENT He PP is VBZ then RB subject JJ to TO all PDT the DT obligations NNS which WDT would MD result VV from IN an DT express JJ authority NN which WDT the DT owner NN might MD have VH confided VVD to TO him PP . SENT Art NN . SENT 1373 CD He PP is VBZ bound VVN to TO continue VV his PP$ management NN , , although IN the DT owner NN happens VVZ to TO die VV before IN the DT business NN is VBZ achieved VVN , , until IN a DT heir NN is VBZ able JJ to TO take VV over RP the DT business NN . SENT Art NN . SENT 1374 CD He PP is VBZ bound VVN to TO bring VV to TO the DT management NN of IN the DT business NN all RB the DT care NN of IN a DT prudent JJ administrator NN . SENT Nevertheless RB , , the DT circumstances NNS which WDT have VHP led VVN him PP to TO take VV the DT responsibility NN of IN the DT business NN may MD authorize VV the DT judge NN to TO restrain VV the DT damages NNS which WDT would MD result VV from IN the DT faults NNS or CC negligent JJ conduct NN of IN the DT manager NN . SENT Art NN . SENT 1375 CD The DT owner NN whose WP$ business NN has VHZ been VBN well RB managed VVN must MD fulfil VV the DT undertakings NNS which WDT the DT manager NN has VHZ contracted VVN in IN his PP$ name NN , , indemnify VV him PP for IN all PDT the DT personal JJ undertakings NNS into IN which WDT he PP has VHZ entered VVN and CC reimburse VV him PP for IN all PDT the DT useful JJ or CC necessary JJ expenses NNS which WDT he PP has VHZ incurred VVN . SENT Art NN . SENT 1376 CD He PP who WP receives VVZ by IN error NN or CC knowingly RB what WP is VBZ not RB owed VVN to TO him PP is VBZ bound VVN to TO make VV restitution NN to TO the DT person NN from IN whom WP he PP has VHZ unduly RB received VVN it PP . SENT Art NN . SENT 1377 CD Where WRB a DT person NN who WP , , by IN error NN , , believed VVD himself PP to TO be VB the DT debtor NN , , pays VVZ a DT debt NN , , he PP has VHZ the DT right NN to TO recovery NN against IN the DT creditor NN . SENT Nevertheless RB , , that WDT right RB ceases VVZ where WRB the DT creditor NN has VHZ cancelled VVN his PP$ instrument NN of IN title NN in IN consequence NN of IN the DT payment NN , , subject JJ to TO the DT remedy NN of IN the DT person NN who WP has VHZ paid VVN against IN the DT true JJ debtor NN . SENT Art NN . SENT 1378 CD Where WRB there EX has VHZ been VBN bad JJ faith NN on IN the DT part NN of IN the DT person NN who WP received VVD , , he PP is VBZ bound VVN to TO make VV restitution NN , , of IN the DT capital NN as IN well RB as RB of IN interest NN or CC fruits NNS , , from IN the DT day NN of IN payment NN . SENT Art NN . SENT 1379 CD Where WRB the DT thing NN unduly RB received VVN is VBZ an DT immovable JJ or CC a DT tangible JJ movable NN , , the DT person NN who WP has VHZ received VVN it PP binds VVZ himself PP to TO make VV restitution NN in IN kind NN , , if IN it PP exists VVZ , , or CC of IN its PP$ value NN , , if IN it PP has VHZ perished VVN or CC deteriorated VVN through IN his PP$ fault NN . SENT he PP is VBZ even RB guarantor NN of IN its PP$ loss NN by IN fortuitous JJ event NN , , if IN he PP received VVD it PP in IN bad JJ faith NN . SENT Art NN . SENT 1380 CD Where WRB the DT person NN who WP received VVD in IN good JJ faith NN has VHZ sold VVN the DT thing NN , , he PP must MD make VV restitution NN only RB of IN the DT proceeds NNS of IN the DT sale NN . SENT Art NN . SENT 1381 CD The DT person NN to TO whom WP a DT thing NN is VBZ restored VVN must MD account VV , , even RB to TO a DT possessor NN in IN bad JJ faith NN , , of IN all PDT the DT necessary JJ and CC useful JJ expenses NNS which WDT have VHP been VBN incurred VVN for IN the DT preservation NN of IN the DT thing NN . SENT CHAPTER NN II NP OF IN INTENTIONAL JJ AND CC UNINTENTIONAL JJ WRONGS NNS OF IN TORTS NNS Art NN . SENT 1382 CD Any DT act NN whatever WDT of IN man NN , , which WDT causes VVZ damage NN to TO another DT , , obliges VVZ the DT one NN by IN whose WP$ fault NN it PP occurred VVD , , to TO compensate VV it PP . SENT Art NN . SENT 1383 CD Everyone NN is VBZ liable JJ for IN the DT damage NN he PP causes VVZ not RB only RB by IN his PP$ intentional JJ act NN , , but CC also RB by IN his PP$ negligent JJ conduct NN or CC by IN his PP$ imprudence JJ . SENT Art NN . SENT 1384 CD A NP person NN is VBZ liable JJ not RB only RB for IN the DT damages NNS he PP causes VVZ by IN his PP$ own JJ act NN , , but CC also RB for IN that DT which WDT is VBZ caused VVN by IN the DT acts NNS of IN persons NNS for IN whom WP he PP is VBZ responsible JJ , , or CC by IN things NNS which WDT are VBP in IN his PP$ custody NN . SENT Act NN of IN 7 CD Nov NP . SENT 1922 CD However RB , , a DT person NN who WP possesses VVZ , , regardless RB of IN the DT basis NN thereof RB , , all RB or CC part NN of IN a DT building NN or CC of IN movable JJ property NN in IN which WDT a DT fire NN has VHZ originated VVN is VBZ not RB liable JJ towards IN third JJ parties NNS for IN damages NNS caused VVN by IN that DT fire NN unless IN it PP is VBZ proved VVN that IN the DT fire NN must MD be VB attributed VVN to TO his PP$ fault NN of IN to TO the DT fault NN of IN persons NNS for IN whom WP he PP is VBZ responsible JJ . SENT Act NN of IN 7 CD Nov NP . SENT 1922 CD This DT provision NN may MD not RB apply VV to TO the DT landlord NN and CC tenant NN relationship NN , , which WDT remains VVZ governed VVN by IN Articles NNS 1733 CD and CC 1734 CD of IN the DT Civil NP Code NP . SENT Act NP n NN 70 CD 459 CD of IN 4 CD June NP 1970 CD The DT father NN and CC mother NN , , in IN so RB far RB as IN they PP exercise VVP parental JJ authority NN Act NP n NN 2002 CD 305 CD of IN 4 CD March NP 2002 CD , , are VBP jointly RB and CC severally RB liable JJ for IN the DT damage NN caused VVN by IN their PP$ minor JJ children NNS who WP live VVP with IN them PP . SENT Masters NNS and CC employers NNS , , for IN the DT damage NN caused VVN by IN their PP$ servants NNS and CC employees NNS in IN the DT functions NNS for IN which WDT they PP have VHP been VBN employed VVN . SENT Teachers NNS and CC craftsmen NNS , , for IN the DT damage NN caused VVN by IN their PP$ pupils NNS and CC apprentices NNS during IN the DT time NN when WRB they PP are VBP under IN their PP$ supervision NN . SENT Act NN of IN 5 CD April NP 1937 CD The DT above JJ liability NN exists VVZ , , unless IN the DT father NN and CC mother NN or CC the DT craftsmen NNS prove VVP that IN they PP could MD not RB prevent VV the DT act NN which WDT gives VVZ rise NN to TO that DT liability NN . SENT Act NN of IN 5 CD April NP 1937 CD As IN to TO teachers NNS , , the DT faults NNS , , imprudence JJ or CC negligent JJ conducts NNS invoked VVD against IN them PP as IN having VHG caused VVN the DT damaging JJ act NN must MD be VB proved VVN by IN the DT plaintiff NN at IN the DT trial NN , , in IN accordance NN with IN the DT general JJ law NN . SENT Art NN . SENT 1385 CD The DT owner NN of IN an DT animal NN , , or CC the DT person NN using VVG it PP , , during IN the DT period NN of IN usage NN , , is VBZ liable JJ for IN the DT damage NN the DT animal NN has VHZ caused VVN , , whether IN the DT animal NN was VBD under IN his PP$ custody NN , , or CC whether IN it PP had VHD strayed VVN or CC escaped VVN . SENT Art NN . SENT 1386 CD The DT owner NN of IN a DT building NN is VBZ liable JJ for IN the DT damage NN caused VVN by IN its PP$ collapse NN , , where WRB it PP happens VVZ as IN a DT result NN of IN lack NN of IN maintenance NN or CC of IN a DT defect NN in IN its PP$ construction NN . SENT TITLE NN IV NP bis RB OF IN LIABILITY NN FOR IN DEFECTIVE JJ PRODUCTS NNS Act NP n NN 98 CD 389 CD of IN 19 CD May NP 1998 CD Art NN . SENT 1386 CD 1 CD A DT producer NN is VBZ liable JJ for IN damages NNS caused VVN by IN a DT defect NN in IN his PP$ product NN , , whether IN he PP was VBD bound VVN by IN a DT contract NN with IN the DT injured JJ person NN or CC not RB . SENT Art NN . SENT 1386 CD 2 CD The DT provisions NNS of IN this DT Title NP shall MD apply VV to TO a DT damage NN resulting VVG from IN an DT injury NN to TO the DT person NN or CC to TO a DT property NN other JJ than IN the DT defective JJ product NN . SENT Art NN . SENT 1386 CD 3 CD A DT product NN is VBZ any DT movable NN , , even RB though RB incorporated VVN into IN an DT immovable JJ , , including VVG the DT products NNS of IN the DT soil NN , , of IN stock NN farming NN , , of IN hunting NN and CC fishing NN . SENT Electricity NN shall MD be VB deemed VVN a DT product NN . SENT Art NN . SENT 1386 CD 4 CD A DT product NN is VBZ defective JJ within IN the DT meaning NN of IN this DT Title NN where WRB it PP does VVZ not RB provide VV the DT safety NN which WDT a DT person NN is VBZ entitled VVN to TO expect VV . SENT In IN order NN to TO appraise VV the DT safety NN which WDT a DT person NN is VBZ entitled VVN to TO expect VV , , regard NN shall MD be VB had VHN to TO all PDT the DT circumstances NNS and CC in IN particular JJ to TO the DT presentation NN of IN the DT product NN , , the DT use NN to TO which WDT one PP could MD reasonably RB expect VV that IN it PP would MD be VB put VVN , , and CC the DT time NN when WRB the DT product NN was VBD put VVN into IN circulation NN . SENT A DT product NN shall MD not RB be VB considered VVN defective JJ for IN the DT sole JJ reason NN that IN a DT better JJR product NN is VBZ subsequently RB put VVN into IN circulation NN . SENT Art NN . SENT 1386 CD 5 CD A DT product NN is VBZ put VVN into IN circulation NN when WRB the DT producer NN has VHZ voluntarily RB parted VVD with IN it PP . SENT A DT product NN is VBZ put VVN into IN circulation NN only RB once RB . SENT Art NN . SENT 1386 CD 6 CD Is VBZ a DT producer NN , , the DT manufacturer NN of IN a DT finished JJ product NN , , the DT producer NN of IN a DT raw JJ material NN , , the DT manufacturer NN of IN a DT component NN part NN , , where WRB he PP acts VVZ as IN a DT professional NN . SENT For IN the DT implementation NN of IN this DT Title NP , , shall MD be VB treated VVN in IN the DT same JJ way NN as IN a DT producer NN any DT person NN acting VVG as IN a DT professional NN . SENT 1 LS Who WP presents VVZ himself PP as IN the DT producer NN by IN putting VVG his PP$ name NN , , trade NN mark NN or CC other JJ distinguishing VVG feature NN on IN the DT product NN . SENT 2 LS Who WP imports VVZ a DT product NN into IN the DT European JJ Community NN for IN sale NN , , hire VV , , with IN or CC without IN a DT promise NN of IN sale NN , , or CC any DT other JJ form NN of IN distribution NN . SENT Shall MD not RB be VB deemed VVN producers NNS , , within IN the DT meaning NN of IN this DT Title NP , , the DT persons NNS whose WP$ liability NN may MD be VB sought VVN on IN the DT basis NN of IN Articles NNS 1792 CD to TO 1792 CD 6 CD and CC 1646 CD 1 CD . SENT Art NN . SENT 1386 CD 7 CD A DT seller NN , , a DT hirer NN , , with IN the DT exception NN of IN a DT finance NN lessor NN or CC of IN a DT hirer NN similar JJ to TO a DT finance NN lessor NN , , or CC any DT other JJ professional JJ supplier NN is VBZ liable JJ for IN the DT lack NN of IN safety NN of IN a DT product NN in IN the DT same JJ conditions NNS as IN a DT producer NN . SENT The DT remedy NN of IN a DT supplier NN against IN a DT producer NN is VBZ subject JJ to TO the DT same JJ rules NNS as IN a DT claim NN brought VVN by IN a DT direct JJ victim NN of IN a DT defect NN . SENT However RB , , he PP must MD take VV action NN within IN the DT year NN following VVG the DT date NN of IN his PP$ being VBG summoned VVN . SENT Art NN . SENT 1386 CD 8 CD In IN case NN of IN damage NN caused VVN by IN a DT product NN incorporated VVN into IN another DT , , the DT producer NN of IN the DT component NN part NN and CC the DT one NN who WP has VHZ effected VVN the DT incorporation NN are VBP jointly RB and CC severally RB liable JJ . SENT Art NN . SENT 1386 CD 9 CD The DT plaintiff NN is VBZ required VVN to TO prove VV the DT damage NN , , the DT defect NN and CC the DT causal JJ relationship NN between IN defect NN and CC damage NN . SENT Art NN . SENT 1386 CD 10 CD A DT producer NN may MD be VB liable JJ for IN a DT defect NN although IN the DT product NN was VBD manufactured VVN in IN accordance NN with IN the DT rules NNS of IN the DT trade NN or CC of IN existing VVG standards NNS or CC although IN it PP was VBD the DT subject NN of IN an DT administrative JJ authorization NN . SENT Art NN . SENT 1386 CD 11 CD A DT producer NN is VBZ liable JJ as RB of IN right NN unless IN he PP proves VVZ . SENT 1 CD That IN he PP did VVD not RB put VV the DT product NN into IN circulation NN . SENT 2 LS That DT , , having VHG regard NN to TO the DT circumstances NNS , , it PP is VBZ probable JJ that IN the DT defect NN which WDT caused VVD the DT damage NN did VVD not RB exist VV at IN the DT time NN when WRB the DT product NN was VBD put VVN into IN circulation NN by IN him PP or CC that IN this DT defect NN came VVD into IN being VBG afterwards RB . SENT 3 CD That IN the DT product NN was VBD not RB for IN the DT purpose NN of IN sale NN or CC of IN any DT other JJ form NN of IN distribution NN . SENT 4 CD That IN the DT state NN of IN scientific JJ and CC technical JJ knowledge NN , , at IN the DT time NN when WRB he PP put VVD the DT product NN into IN circulation NN , , was VBD not RB such JJ as RB to TO enable VV the DT existence NN of IN the DT defect NN to TO be VB discovered VVN . SENT or CC 5 CD That IN the DT defect NN is VBZ due JJ to TO compliance NN with IN mandatory JJ provisions NNS of IN statutes NNS or CC regulations NNS . SENT The DT producer NN of IN a DT component NN part NN is VBZ not RB liable JJ either RB where WRB he PP proves VVZ that IN the DT defect NN is VBZ attributable JJ to TO the DT design NN of IN the DT product NN in IN which WDT the DT component NN has VHZ been VBN fitted VVN or CC to TO the DT directions NNS given VVN by IN the DT producer NN of IN that DT product NN . SENT Art NN . SENT 1386 CD 12 CD A DT producer NN may MD not RB invoke VV the DT exonerating VVG circumstance NN provided VVN for IN in IN Article NP 1386 CD 11 CD , , 4 CD , , where WRB damage NN was VBD caused VVN by IN an DT element NN of IN the DT human JJ body NN or CC by IN products NNS thereof RB . SENT A DT producer NN may MD not RB invoke VV the DT exonerating VVG circumstance NN provided VVN for IN in IN Article NP 1386 CD 11 CD , , 4 CD and CC 5 CD , , where WRB , , faced VVN with IN a DT defect NN which WDT has VHZ revealed VVN itself PP within IN a DT period NN of IN ten CD years NNS after IN the DT product NN has VHZ been VBN put VVN into IN circulation NN , , he PP did VVD not RB take VV the DT appropriate JJ steps NNS to TO avoid VV its PP$ damaging JJ consequences NNS . SENT Art NN . SENT 1386 CD 13 CD The DT liability NN of IN a DT producer NN may MD be VB reduced VVN or CC disallowed VVD where WRB , , having VHG regard NN to TO all PDT the DT circumstances NNS , , the DT damage NN is VBZ caused VVN both CC by IN a DT defect NN in IN the DT product NN and CC by IN the DT fault NN of IN the DT injured JJ person NN or CC of IN a DT person NN for IN whom WP the DT injured JJ person NN is VBZ responsible JJ . SENT Art NN . SENT 1386 CD 14 CD The DT liability NN of IN a DT producer NN towards IN an DT injured JJ person NN shall MD not RB be VB reduced VVN where WRB the DT act NN or CC omission NN of IN a DT third JJ party NN contributed VVD to TO the DT production NN of IN the DT damage NN . SENT Art NN . SENT 1386 CD 15 CD The DT clauses NNS which WDT tend VVP to TO exempt VV from IN or CC to TO limit VV the DT liability NN for IN defective JJ products NNS are VBP forbidden VVN and CC shall MD be VB deemed VVN not RB written VVN . SENT Nevertheless RB , , as RB to TO damages NNS caused VVN to TO property NN not RB used VVN by IN the DT injured JJ party NN mainly RB for IN his PP$ own JJ private JJ use NN or CC consumption NN , , the DT clauses NNS stipulated VVD between IN professionals NNS are VBP valid JJ . SENT Art NN . SENT 1386 CD 16 CD Except IN for IN fault NN of IN the DT producer NN , , the DT liability NN of IN the DT latter NN , , based VVN on IN the DT provisions NNS of IN this DT Title NP , , shall MD be VB extinguished VVN on IN the DT expiry NN of IN a DT period NN of IN ten CD years NNS after IN the DT actual JJ product NN which WDT caused VVD the DT damage NN was VBD put VVN into IN circulation NN , , unless IN the DT injured JJ person NN has VHZ in IN the DT meantime NN instituted VVD proceedings NNS . SENT Art NN . SENT 1386 CD 17 CD An DT action NN for IN the DT recovery NN of IN damages NNS based VVN on IN the DT provisions NNS of IN this DT Title NN is VBZ time NN barred VVN after IN a DT period NN of IN three CD years NNS from IN the DT date NN on IN which WDT the DT plaintiff NN knew VVD or CC ought MD to TO have VH known VVN the DT damage NN , , the DT defect NN and CC the DT identity NN of IN the DT producer NN . SENT Art NN . SENT 1386 CD 18 CD The DT provisions NNS of IN this DT Title NP may MD not RB affect VV any DT rights NNS which WDT an DT injured JJ person NN may MD have VH according VVG to TO the DT rules NNS of IN contractual JJ or CC tort NN liability NN or CC of IN a DT special JJ liability NN system NN . SENT A DT producer NN remains VVZ liable JJ for IN the DT consequences NNS of IN his PP$ fault NN or CC for IN that DT of IN the DT persons NNS for IN whom WP he PP is VBZ responsible JJ . SENT TITLE NN V NN OF IN ANTE NN NUPTIAL JJ AGREEMENTS NNS AND CC OF IN MATRIMONIAL JJ REGIMES NNS Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD CHAPTER NN I NP GENERAL NP PROVISIONS NNS Art NN . SENT 1387 CD Legislation NN regulates VVZ conjugal JJ association NN , , with IN respect NN to TO property NN , , only RB in IN default NN of IN special JJ agreements NNS , , which WDT the DT spouses NNS may MD enter VV into IN as IN they PP deem VVP proper JJ , , provided VVD they PP are VBP not RB contrary JJ to TO public JJ morals NNS and CC to TO the DT following VVG provisions NNS . SENT Art NN . SENT 1388 CD Spouses NNS may MD derogate VV neither RB to TO the DT duties NNS and CC rights NNS which WDT result VVP for IN them PP from IN marriage NN , , nor CC to TO the DT rules NNS of IN parental JJ authority NN , , statutory JJ administration NN and CC guardianship NN . SENT Art NN . SENT 1389 CD Without IN prejudice NN to TO gratuitous JJ transfers NNS which WDT may MD take VV place NN according VVG to TO the DT forms NNS and CC in IN the DT cases NNS provided VVN for IN by IN this DT Code NP , , spouses NNS may MD not RB make VV any DT agreement NN or CC waiver NN whose WP$ object NN would MD be VB to TO change VV the DT statutory JJ order NN of IN successions NNS . SENT Art NN . SENT 1390 CD They PP may MD , , however RB , , stipulate VV that IN , , at IN the DT dissolution NN of IN the DT marriage NN by IN the DT death NN of IN one CD of IN them PP , , the DT survivor NN will MD have VH the DT power NN to TO acquire VV or CC , , should MD the DT occasion NN arise VVP , , to TO have VH allotted VVN to TO him PP or CC her PP$ certain JJ personal JJ property NN of IN the DT first JJ to TO die VV , , on IN condition NN that IN he PP or CC she PP accounts VVZ for IN it PP to TO the DT succession NN , , according VVG to TO the DT value NN which WDT they PP have VHP on IN the DT day NN when WRB that DT power NN is VBZ exercised VVN . SENT Art NN . SENT 1391 CD An DT ante NN nuptial JJ agreement NN shall MD determine VV the DT property NN to TO which WDT the DT power NN granted VVN to TO the DT survivor NN will MD relate VV . SENT It PP may MD fix VV methods NNS of IN appraisal NN and CC terms NNS of IN payment NN , , except IN abatement NN in IN favour NN of IN beneficiary NN heirs NNS where WRB there EX is VBZ an DT indirect JJ advantage NN . SENT Taking VVG into IN account NN those DT clauses NNS and CC failing VVG an DT agreement NN between IN the DT parties NNS , , the DT value NN of IN the DT property NN shall MD be VB fixed VVN by IN the DT tribunal NN de FW grande JJ instance NN . SENT Art NN . SENT 1392 CD The DT power NN granted VVN to TO the DT survivor NN lapses VVZ where WRB he PP did VVD not RB exercise VV it PP , , by IN notice NN served VVN upon IN the DT heirs NNS of IN the DT predeceased VVN , , within IN a DT period NN of IN one CD month NN after IN the DT day NN when WRB the DT latter NN gave VVD him PP notice VVP to TO come VV to TO a DT decision NN . SENT That DT notice NN may MD not RB take VV place NN before IN the DT expiry NN of IN the DT period NN provided VVD for IN in IN the DT Title NN Of IN Successions NNS for IN making VVG an DT inventory NN and CC deliberating VVG . SENT Where WRB served VVN within IN that DT period NN , , the DT notice NN generates VVZ a DT sale NN on IN the DT day NN when WRB the DT power NN is VBZ exercised VVN or CC , , where WRB appropriate JJ , , constitutes VVZ a DT process NN of IN partition NN . SENT Art NN . SENT 1393 CD Spouses NNS may MD declare VV , , in IN a DT general JJ way NN , , that WDT they PP intend VVP to TO marry VV under IN one CD of IN the DT regimes NNS provided VVN for IN by IN this DT Code NP . SENT In IN the DT absence NN of IN special JJ stipulations NNS derogating VVG from IN the DT community NN regime NN or CC modifying VVG it PP , , the DT rules NNS established VVN in IN the DT first JJ Part NN of IN Chapter NP II NP shall MD constitute VV the DT ordinary JJ law NN of IN France NP . SENT Art NN . SENT 1394 CD All NP matrimonial JJ agreements NNS shall MD be VB drawn VVN up RP in IN an DT instrument NN before IN notaire NN , , in IN the DT presence NN and CC with IN the DT simultaneous JJ consent NN of IN all PDT the DT persons NNS who WP are VBP parties NNS thereto RB or CC of IN their PP$ agents NNS . SENT At IN the DT time NN of IN the DT signature NN of IN the DT agreement NN , , the DT notaire NN shall MD deliver VV to TO the DT parties NNS a DT certificate NN on IN unstamped JJ paper NN and CC without IN costs NNS , , stating VVG his PP$ name NN and CC place NN of IN residence NN , , the DT names NNS , , first JJ names NNS , , occupations NNS and CC residences NNS of IN the DT future JJ spouses NNS , , as RB well RB as IN the DT date NN of IN the DT ante NN nuptial JJ agreement NN . SENT That DT certificate NN shall MD state VV that IN it PP must MD be VB lodged VVN with IN the DT officer NN of IN civil JJ status NN before IN the DT celebration NN of IN the DT marriage NN . SENT Where WRB the DT record NN of IN marriage NN mentions VVZ that IN an DT ante NN nuptial JJ agreement NN was VBD not RB made VVN , , the DT spouses NNS shall MD be VB , , with IN regard NN to TO third JJ parties NNS , , deemed VVN married JJ under IN the DT regime NN of IN general JJ law NN , , unless IN , , in IN the DT transactions NNS entered VVD into IN with IN those DT third JJ parties NNS , , they PP have VHP declared VVN that IN they PP made VVD an DT ante NN nuptial JJ agreement NN . SENT Act NP n NN 94 CD 126 CD of IN 11 CD Feb NN . SENT 1994 CD In IN addition NN , , where WRB one CD of IN the DT spouses NNS is VBZ a DT merchant NN at IN the DT time NN of IN the DT marriage NN or CC becomes VVZ so RB later RBR , , the DT ante NN nuptial JJ agreement NN and CC its PP$ amendments NNS shall MD be VB given VVN public JJ notice NN , , at IN his PP$ or CC her PP$ initiative NN and CC on IN his PP$ or CC her PP$ own JJ responsibility NN , , subject JJ to TO the DT conditions NNS and CC under IN the DT sanctions NNS provided VVN for IN by IN the DT provisions NNS of IN statutes NNS and CC regulations NNS relating VVG to TO the DT register NN of IN trade NN and CC companies NNS . SENT Art NN . SENT 1395 CD An DT ante NN nuptial JJ agreement NN must MD be VB drawn VVN up RP before IN the DT celebration NN of IN the DT marriage NN and CC may MD take VV effect NN only RB on IN the DT day NN of IN that DT celebration NN . SENT Art NN . SENT 1396 CD Amendments NNS made VVN in IN ante NN nuptial JJ agreements NNS before IN the DT celebration NN of IN the DT marriage NN must MD be VB established VVN by IN an DT instrument NN drawn VVN up RP in IN the DT same JJ forms NNS . SENT Furthermore RB , , no DT change NN or CC counter NN letter NN is VBZ valid JJ without IN the DT presence NN and CC the DT simultaneous JJ consent NN of IN all PDT the DT persons NNS who WP were VBD parties NNS to TO the DT ante NN nuptial JJ agreement NN , , or CC of IN their PP$ agents NNS . SENT Any DT amendments NNS or CC counter NN letters NNS , , even RB provided VVN with IN the DT forms NNS prescribed VVN by IN the DT preceding JJ Article NN , , shall MD be VB without IN effect NN with IN respect NN to TO third JJ parties NNS , , unless IN they PP were VBD drawn VVN up RP at IN the DT end NN of IN the DT original NN of IN the DT ante NN nuptial JJ agreement NN . SENT and CC a DT notaire NN may MD deliver VV neither CC an DT executory JJ nor CC an DT office NN copy NN of IN the DT ante NN nuptial JJ agreement NN without IN transcribing VVG the DT amendment NN or CC counter VV letter NN at IN the DT end NN . SENT After IN the DT celebration NN of IN the DT marriage NN , , there EX may MD be VB no DT amendment NN to TO the DT matrimonial JJ regime NN except IN by IN the DT effect NN of IN a DT judgment NN , , either CC on IN the DT application NN of IN one CD of IN the DT spouses NNS , , in IN the DT case NN of IN separation NN of IN property NN or CC of IN other JJ judicial JJ protective JJ measures NNS , , or CC on IN joint JJ petition NN of IN both DT spouses NNS , , in IN the DT case NN of IN the DT following VVG Article NN . SENT Art NN . SENT 1397 CD After IN two CD years NNS of IN application NN of IN a DT matrimonial JJ regime NN , , either CC conventional JJ or CC statutory JJ , , the DT spouses NNS may MD agree VV in IN the DT interest NN of IN the DT family NN to TO amend VV it PP or CC even RB to TO change VV it PP entirely RB , , by IN a DT notarial JJ instrument NN , , which WDT shall MD be VB submitted VVN to TO the DT approval NN of IN the DT court NN of IN their PP$ domicile NN . SENT All DT persons NNS who WP were VBD parties NNS to TO the DT modified JJ agreement NN shall MD be VB summoned VVN in IN the DT proceedings NNS in IN approval NN . SENT but CC not RB their PP$ heirs NNS , , if IN they PP have VHP died VVN . SENT An DT approved VVN change NN has VHZ effect NN between IN the DT parties NNS from IN the DT judgment NN and CC , , with IN regard NN to TO third JJ parties NNS , , three CD months NNS after IN mention NN of IN it PP has VHZ been VBN entered VVN in IN the DT margin NN of IN both DT copies NNS of IN the DT record NN of IN marriage NN . SENT However RB , , even RB failing VVG that IN mention NN , , an DT amendment NN is VBZ effective JJ against IN third JJ parties NNS where WRB , , in IN the DT transactions NNS entered VVD into IN with IN them PP , , the DT spouses NNS have VHP declared VVN that IN they PP have VHP amended VVN their PP$ matrimonial JJ regime NN . SENT Mention VV of IN the DT judgment NN of IN approval NN shall MD be VB made VVN on IN the DT original NN of IN the DT amended VVN ante NN nuptial JJ agreement NN . SENT The DT application NN and CC the DT decision NN of IN approval NN shall MD be VB published VVN on IN the DT terms NNS and CC subject JJ to TO the DT penalties NNS provided VVN for IN in IN the DT Code NP of IN Civil NP Procedure NN . SENT furthermore RB , , where WRB one CD of IN the DT spouses NNS is VBZ a DT merchant NN , , the DT decision NN shall MD be VB published VVN on IN the DT terms NNS and CC subject JJ to TO the DT penalties NNS provided VVN for IN by IN the DT regulations NNS relating VVG to TO the DT commercial JJ register NN . SENT Where WRB there EX has VHZ been VBN a DT fraud NN on IN their PP$ rights NNS , , creditors NNS may MD resort VV to TO a DT third JJ party NN application NN for IN revocation NN of IN the DT judgment NN of IN approval NN in IN the DT way NN provided VVD for IN in IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 1397 CD 1 CD Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD . SENT The DT provisions NNS of IN the DT preceding JJ Article NN shall MD not RB apply VV to TO the DT agreements NNS entered VVD into IN by IN spouses NNS in IN the DT course NN of IN divorce NN proceedings NNS with IN the DT view NN of IN liquidating VVG their PP$ matrimonial JJ regime NN . SENT Articles NNS 1450 CD and CC 1451 CD shall MD apply VV to TO those DT agreements NNS . SENT Art NN . SENT 1397 CD 2 CD Act NP n NN 97 CD 987 CD of IN 28 CD Oct NP . SENT 1997 CD Where WRB spouses NNS specify VV the DT law NN applicable JJ to TO their PP$ matrimonial JJ regime NN under IN the DT Convention NN on IN the DT law NN applicable JJ to TO matrimonial JJ regimes NNS , , made VVN in IN The DT Hague NP on IN 14 CD March NP 1978 CD , , Articles NNS 1397 CD 3 CD and CC 1397 CD 4 CD shall MD apply VV . SENT Art NN . SENT 1397 CD 3 CD Act NP n NN 97 CD 987 CD of IN 28 CD Oct NP . SENT 1997 CD Where WRB the DT specification NN of IN the DT applicable JJ law NN is VBZ made VVN before IN the DT marriage NN , , the DT future JJ spouses NNS shall MD present VV to TO the DT officer NN of IN civil JJ status NN either CC the DT instrument NN through IN which WDT they PP have VHP operated VVN that IN specification NN , , or CC a DT certificate NN delivered VVN by IN the DT competent JJ person NN to TO establish VV that DT instrument NN . SENT A DT certificate NN shall MD state VV the DT names NNS and CC first JJ names NNS of IN the DT future JJ spouses NNS , , the DT place NN where WRB they PP are VBP living VVG , , the DT date NN of IN the DT instrument NN of IN specification NN , , as RB well RB as IN the DT names NNS , , qualifications NNS and CC residence NN of IN the DT person NN who WP has VHZ established VVN it PP . SENT Where WRB the DT specification NN of IN the DT applicable JJ law NN is VBZ made VVN in IN the DT course NN of IN a DT marriage NN , , the DT spouses NNS shall MD have VH the DT measures NNS or CC public JJ notice NN relating VVG to TO the DT specification NN of IN the DT applicable JJ law NN made VVD subject JJ to TO the DT conditions NNS and CC forms NNS provided VVD for IN in IN the DT new JJ Code NP of IN Civil NP Procedure NN . SENT On IN the DT occasion NN of IN the DT specification NN of IN the DT applicable JJ law NN , , before IN the DT marriage NN or CC in IN its PP$ course NN , , the DT spouses NNS may MD specify VV the DT nature NN of IN the DT matrimonial JJ regime NN they PP choose VVP . SENT Where WRB one CD of IN the DT spouses NNS is VBZ a DT merchant NN at IN the DT time NN of IN the DT marriage NN or CC becomes VVZ so RB afterwards RB , , the DT instrument NN of IN specification NN of IN the DT applicable JJ law NN , , drawn VVN up RP before IN the DT marriage NN or CC in IN its PP$ course NN shall MD be VB given VVN public JJ notice NN on IN the DT terms NNS and CC subject JJ to TO the DT penalties NNS provided VVN for IN by IN the DT provisions NNS relating VVG to TO the DT register NN of IN commerce NN and CC companies NNS . SENT Art NN . SENT 1397 CD 4 CD Act NP n NN 97 CD 987 CD of IN 28 CD Oct NP . SENT 1997 CD Where WRB the DT specification NN of IN the DT applicable JJ law NN is VBZ made VVN in IN the DT course NN of IN a DT marriage NN , , that DT specification NN takes VVZ effect NN between IN the DT parties NNS from IN the DT establishment NN of IN the DT instrument NN of IN specification NN and CC , , with IN respect NN to TO third JJ parties NNS , , three CD months NNS after IN the DT formalities NNS of IN public JJ notice NN provided VVN for IN in IN Article NP 1397 CD 3 CD have VHP been VBN fulfilled VVN . SENT However RB , , even RB failing VVG fulfilment NN of IN those DT formalities NNS , , the DT specification NN of IN the DT applicable JJ law NN is VBZ effective JJ against IN third JJ parties NNS where WRB , , in IN the DT transactions NNS entered VVD into IN with IN them PP , , the DT spouses NNS have VHP declared VVN which WDT law NN is VBZ applicable JJ to TO their PP$ matrimonial JJ regime NN . SENT Art NN . SENT 1397 CD 5 CD Act NP n NN 97 CD 987 CD of IN 28 CD Oct NP . SENT 1997 CD Where WRB a DT change NN in IN the DT matrimonial JJ regime NN takes VVZ place NN in IN accordance NN with IN a DT foreign JJ law NN which WDT governs VVZ the DT effects NNS of IN the DT marriage NN , , the DT spouses NNS shall MD have VH public JJ notice NN made VVN as IN provided VVN for IN in IN the DT new JJ Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 1397 CD 6 CD Act NP n NN 97 CD 987 CD of IN 28 CD Oct NP . SENT 1997 CD A DT change NN of IN matrimonial JJ regime NN takes VVZ effect NN between IN the DT parties NNS from IN the DT judgment NN or CC from IN the DT instrument NN which WDT provides VVZ for IN it PP and CC , , with IN respect NN to TO third JJ parties NNS , , three CD months NNS after IN the DT formalities NNS of IN notice NN provided VVN for IN in IN Article NP 1397 CD 5 CD have VHP been VBN fulfilled VVN . SENT However RB , , even RB failing VVG fulfilment NN of IN those DT formalities NNS , , the DT change NN of IN matrimonial JJ regime NN is VBZ effective JJ against IN third JJ parties NNS where WRB , , in IN the DT transactions NNS entered VVD into IN with IN them PP , , the DT spouses NNS have VHP declared VVN that IN they PP have VHP amended VVN their PP$ matrimonial JJ regime NN . SENT Art NN . SENT 1398 CD A DT minor NN having VHG capacity NN to TO contract NN marriage NN has VHZ capacity NN to TO consent VV to TO all PDT the DT agreements NNS of IN which WDT that DT contract NN is VBZ susceptible JJ and CC the DT agreements NNS and CC gifts NNS he PP has VHZ made VVN therein RB are VBP valid JJ , , provided VVD he PP had VHD , , in IN making VVG the DT agreement NN , , the DT assistance NN of IN all PDT the DT persons NNS whose WP$ consent NN is VBZ necessary JJ for IN the DT validity NN of IN the DT marriage NN . SENT Where WRB matrimonial JJ conventions NNS have VHP been VBN entered VVN into IN without IN that DT assistance NN , , the DT annulment NN thereof RB may MD be VB sued VVN for IN by IN the DT minor JJ or CC by IN the DT persons NNS whose WP$ consent NN was VBD required VVN , , but CC only RB up RB to TO the DT expiry NN of IN the DT year NN following VVG the DT coming VVG of IN age NN . SENT Art NN . SENT 1399 CD An DT adult NN in IN guardianship NN or CC curatorship NN may MD not RB enter VV into IN matrimonial JJ conventions NNS unless IN assisted VVN , , at IN the DT contract NN , , by IN those DT who WP must MD consent VV to TO his PP$ marriage NN . SENT Failing VVG that DT assistance NN , , annulment NN of IN the DT agreements NNS may MD be VB sought VVN within IN the DT year NN of IN the DT marriage NN , , either CC by IN the DT person NN under IN a DT disability NN himself PP , , or CC by IN those DT whose WP$ consent NN was VBD required VVN , , or CC by IN the DT guardian NN or CC the DT curator NN . SENT CHAPTER NN II NP OF IN THE DT REGIME NN OF IN COMMUNITY NN OF IN PROPERTY NN PART NN I NN OF IN THE DT STATUTORY JJ COMMUNITY NN OF IN PROPERTY NN Art NN . SENT 1400 CD Community NN of IN property NN which WDT is VBZ established VVN failing VVG an DT agreement NN or CC by IN a DT simple JJ declaration NN of IN being VBG married VVN under IN the DT community NN of IN property NN regime NN , , is VBZ subject JJ to TO the DT rules NNS explained VVD in IN the DT following VVG three CD Sections NNS . SENT Section NN I NN Of IN What WP a DT Community NP is VBZ Composed VVN as RB to TO Assets NNS and CC Liabilities NNS 1 CD Of IN the DT Assets NNS of IN the DT Community NP Art NP . SENT 1401 CD The NP assets NNS of IN the DT community NN comprise VVP acquisitions NNS made VVN by IN the DT spouses NNS together RB or CC separately RB during IN the DT marriage NN , , and CC coming VVG both DT from IN their PP$ personal JJ activity NN and CC from IN savings NNS made VVN on IN the DT fruits NNS and CC incomes NNS of IN their PP$ personal JJ property NN . SENT Art NN . SENT 1402 CD Any DT property NN , , movable JJ or CC immovable JJ , , shall MD be VB deemed VVN an DT acquisition NN of IN the DT community NN where WRB it PP is VBZ not RB proved VVN that IN it PP is VBZ a DT separate JJ property NN of IN one CD of IN the DT spouses NNS in IN accordance NN with IN a DT provision NN of IN law NN . SENT Where WRB a DT property NN is VBZ one CD of IN those DT which WDT do VVP not RB display VV proof NN or CC mark NN of IN their PP$ origin NN , , personal JJ ownership NN of IN a DT spouse NN , , if IN disputed VVN , , shall MD be VB established VVN in IN writing VVG . SENT Failing VVG an DT inventory NN or CC other JJ contemporaneously RB constituted VVD proof NN , , the DT judge NN may MD take VV into IN consideration NN all DT writings NNS , , in IN particular JJ family NN instruments NNS of IN title NN , , registers NNS and CC papers NNS , , as RB well RB as IN bank NN documents NNS and CC invoices NNS . SENT He PP may MD even RB admit VV testimonial JJ or CC presumptive JJ evidence NN , , where WRB he PP observes VVZ that IN it PP was VBD materially RB or CC morally RB impossible JJ for IN one CD spouse NN to TO obtain VV a DT writing NN . SENT Art NN . SENT 1403 CD Each DT spouse NN retains VVZ full JJ ownership NN of IN his PP$ or CC her PP$ separate JJ property NN . SENT The DT community NN is VBZ entitled VVN only RB to TO fruits NNS collected VVN and CC not RB consumed VVN . SENT But CC a DT reimbursement NN may MD be VB due JJ to TO it PP , , at IN the DT time NN of IN the DT dissolution NN of IN the DT community NN , , for IN fruits NNS which WDT a DT spouse NN failed VVD to TO collect VV or CC has VHZ fraudulently RB consumed VVN , , without IN , , however RB , , any DT inquiry NN being VBG admissible JJ further RBR than IN the DT last JJ five CD years NNS . SENT Art NN . SENT 1404 JJ Constitute VVP separate JJ property NN by IN their PP$ nature NN , , even RB where WRB they PP have VHP been VBN acquired VVN during IN the DT marriage NN , , clothes NNS and CC belongings NNS for IN the DT personal JJ use NN of IN one CD of IN the DT spouses NNS , , actions NNS for IN compensation NN for IN bodily JJ or CC moral JJ harm NN , , inalienable JJ claims NNS and CC pensions NNS , , and CC , , more RBR generally RB , , all DT property NN which WDT has VHZ a DT personal JJ character NN and CC all DT rights NNS exclusively RB attached VVN to TO the DT person NN . SENT Constitute VV also RB separate JJ property NN by IN their PP$ nature NN , , but CC subject JJ to TO a DT reimbursement NN if IN there EX is VBZ occasion NN , , implements VVZ necessary JJ to TO the DT occupation NN of IN one CD of IN the DT spouses NNS , , unless IN they PP are VBP accessory JJ to TO business NN assets NNS or CC to TO an DT enterprise NN forming VVG part NN of IN the DT community NN . SENT Art NN . SENT 1405 JJ Remain VVP separate JJ property NN the DT items NNS of IN property NN of IN which WDT the DT spouses NNS had VHD ownership NN or CC possession NN on IN the DT day NN of IN the DT celebration NN of IN the DT marriage NN , , or CC which WDT they PP acquire VV , , during IN the DT marriage NN , , through IN succession NN , , gift NN or CC legacy NN . SENT A DT gratuitous JJ transfer NN may MD stipulate VV that IN the DT property NN which WDT is VBZ its PP$ subject JJ matter NN will MD belong VV to TO the DT community NN . SENT Property NN falls VVZ into IN community NN , , unless IN otherwise RB stipulated VVD , , where WRB a DT gratuitous JJ transfer NN is VBZ made VVN jointly RB to TO both DT spouses NNS . SENT Property NN surrendered VVD or CC transferred VVD by IN the DT father NN , , mother NN or CC other JJ ascendant NN to TO one CD of IN the DT spouses NNS , , either CC in IN order NN to TO discharge VV what WP he PP owes VVZ to TO him PP or CC her PP$ , , or CC under IN the DT obligation NN of IN paying VVG debts NNS of IN the DT donor NN to TO outsiders NNS , , remain VVP separate JJ property NN , , subject JJ to TO reimbursement NN . SENT Art NN . SENT 1406 JJ Constitute VVP separate JJ property NN , , subject JJ to TO reimbursement NN if IN there EX is VBZ occasion NN , , property NN acquired VVD as RB accessory JJ to TO a DT separate JJ property NN as IN well RB as IN new JJ securities NNS and CC other JJ increases NNS connected VVN with IN securities NNS which WDT are VBP separate JJ property NN . SENT Constitute VV also RB separate JJ property NN , , through IN the DT effect NN of IN real JJ subrogation NN , , claims NNS and CC indemnities NNS which WDT take VVP the DT place NN of IN separate JJ property NN , , as RB well RB as IN property NN acquired VVN in IN investment NN or CC reinvestment NN , , in IN accordance NN with IN Articles NNS 1434 CD and CC 1435 CD . SENT Art NN . SENT 1407 CD Property NN acquired VVN in IN exchange NN for IN a DT property NN which WDT belonged VVD separately RB to TO one CD of IN the DT spouses NNS is VBZ itself PP separate JJ property NN , , subject JJ to TO reimbursement NN due JJ to TO the DT community NN or CC by IN it PP , , where WRB there EX is VBZ a DT balance NN . SENT However RB , , where WRB the DT balance NN charged VVN to TO the DT community NN is VBZ greater JJR than IN the DT value NN of IN the DT transferred VVN property NN , , the DT property NN acquired VVN in IN exchange NN falls VVZ into IN the DT common JJ stock NN , , subject JJ to TO reimbursement NN for IN the DT benefit NN of IN the DT transferor NN . SENT Art NN . SENT 1408 CD An DT acquisition NN , , made VVN by IN auction NN or CC otherwise RB , , of IN a DT part NN of IN a DT property NN of IN which WDT one CD of IN the DT spouses NNS was VBD an DT undivided JJ owner NN , , does VVZ not RB constitute VV an DT acquisition NN , , subject JJ to TO the DT reimbursement NN due JJ to TO the DT community NN for IN the DT sum NN it PP may MD have VH supplied VVN . SENT 2 CD Of IN the DT Liabilities NNS of IN the DT Community NP Art NP . SENT 1409 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD The NP liabilities NNS of IN the DT community NN comprise VVP . SENT definitively RB , , maintenance NN due JJ by IN the DT spouses NNS and CC debts NNS incurred VVN by IN them PP for IN the DT support NN of IN the DT household NN and CC the DT education NN of IN children NNS , , under IN Article NP 220 CD . SENT definitively RB or CC subject JJ to TO reimbursement NN , , according VVG to TO the DT circumstances NNS , , other JJ debts NNS arising VVG during IN the DT community NN . SENT Art NN . SENT 1410 CD Debts NNS which WDT the DT spouses NNS owed VVN on IN the DT day NN of IN the DT celebration NN of IN the DT marriage NN , , or CC with IN which WDT the DT successions NNS and CC gratuitous JJ transfers NNS falling VVG to TO them PP during IN the DT marriage NN are VBP burdened VVN , , remain VVP personal JJ to TO them PP , , both CC as RB to TO capital NN and CC to TO arrears NNS or CC interest NN . SENT Art NN . SENT 1411 CD In IN the DT case NN of IN the DT preceding JJ Article NN , , creditors NNS of IN either DT spouse NN may MD only RB enforce VV payment NN on IN the DT separate JJ property NN and CC the DT income NN Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD of IN their PP$ debtor NN . SENT They PP may MD also RB , , however RB , , seize VV property NN of IN the DT community NN where WRB the DT movables NNS which WDT belonged VVD to TO their PP$ debtor NN on IN the DT day NN of IN the DT marriage NN or CC which WDT fell VVD to TO him PP by IN succession NN or CC gratuitous JJ transfer NN have VHP been VBN merged VVN into IN the DT common JJ patrimony NN and CC can MD no RB longer RBR be VB identified VVN under IN the DT rules NNS of IN Article NP 1402 CD . SENT Art NN . SENT 1412 CD Reimbursement NP is VBZ due JJ to TO the DT community NN which WDT has VHZ paid VVN a DT personal JJ debt NN of IN a DT spouse NN . SENT Art NN . SENT 1413 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD . SENT Payment NN of IN debts NNS which WDT either DT spouse NN owes VVZ , , for IN whatever WDT reason NN , , during IN the DT community NN , , may MD always RB be VB enforced VVN on IN community NN property NN , , unless IN there EX was VBD fraud NN of IN the DT debtor JJ spouse NN and CC bad JJ faith NN of IN the DT creditor NN , , and CC subject JJ to TO reimbursement NN due JJ to TO the DT community NN , , if IN there EX is VBZ occasion NN . SENT Art NN . SENT 1414 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD The NP earnings NNS and CC wages NNS of IN a DT spouse NN may MD be VB attached VVN by IN the DT creditors NNS of IN his PP$ or CC her PP$ spouse NN only RB where WRB the DT obligation NN was VBD contracted VVN for IN the DT support NN of IN the DT household NN or CC the DT education NN of IN children NNS , , under IN Article NP 220 CD . SENT Where WRB the DT earnings NNS and CC wages NNS are VBP paid VVN into IN a DT current JJ or CC deposit NN account NN , , the DT latter NN may MD be VB attached VVN only RB under IN the DT conditions NNS determined VVN by IN decree NN . SENT Art NN . SENT 1415 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Each DT spouse NN may MD obligate VV only RB his PP$ separate JJ property NN and CC his PP$ income NN , , by IN surety NN or CC loan NN , , unless IN they PP have VHP been VBN contracted VVN with IN the DT express JJ consent NN of IN the DT other JJ spouse NN , , who WP , , in IN that DT case NN , , does VVZ not RB obligate VV his PP$ separate JJ property NN . SENT Art NN . SENT 1416 CD A NP community NN which WDT has VHZ discharged VVN a DT debt NN for IN which WDT it PP may MD have VH been VBN sued VVN under IN the DT preceding JJ Articles NNS , , is VBZ nevertheless RB entitled VVN to TO reimbursement NN , , whenever WRB that DT undertaking NN had VHD been VBN contracted VVN in IN the DT personal JJ interest NN of IN one CD of IN the DT spouses NNS , , for IN example NN for IN the DT acquisition NN , , preservation NN or CC improvement NN of IN a DT separate JJ property NN . SENT Art NN . SENT 1417 CD A NP community NN is VBZ entitled VVN to TO reimbursement NN , , deduction NN being VBG made VVN , , if IN there EX is VBZ occasion NN , , of IN the DT benefit NN derived VVN for IN it PP , , where WRB it PP paid VVD fines NNS incurred VVN by IN one CD spouse NN by IN reasons NNS of IN criminal JJ offences NNS , , or CC damages NNS and CC costs NNS for IN which WDT he PP or CC she PP had VHD been VBN held VVN liable JJ in IN tort NN . SENT It PP is VBZ likewise RB entitled VVN to TO reimbursement NN where WRB the DT debt NN which WDT it PP discharged VVN was VBD contracted VVN by IN one CD of IN the DT spouses NNS in IN contempt NN of IN the DT duties NNS which WDT the DT marriage NN prescribed VVN to TO him PP or CC her PP$ . SENT Art NN . SENT 1418 CD Where WRB a DT debt NN has VHZ become VVN a DT community NN debt NN in IN only RB one CD spouse NN s PP right RB , , it PP may MD not RB be VB enforced VVN on IN the DT separate JJ property NN of IN the DT other JJ . SENT Where WRB it PP is VBZ joint JJ and CC several JJ , , a DT debt NN is VBZ deemed VVN to TO become VV a DT community NN debt NN in IN both DT spouses NNS right RB . SENT repealed VVN Art NN . SENT 1419 CD and CC 1420 CD . SENT repealed VVN Section NP II NP Of IN the DT Administration NN of IN the DT Community NP and CC of IN the DT Separate JJ Property NP Art NP . SENT 1421 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Each DT spouse NN has VHZ the DT power NN to TO administer VV alone RB the DT common JJ property NN and CC to TO dispose VV of IN it PP , , subject JJ to TO being VBG accountable JJ for IN faults NNS committed VVN in IN his PP$ or CC her PP$ management NN . SENT Transactions NNS entered VVD into IN without IN fraud NN by IN a DT spouse NN are VBP enforceable JJ against IN the DT other JJ . SENT A DT spouse NN who WP follows VVZ a DT separate JJ profession NN , , has VHZ alone RB the DT power NN to TO perform VV acts NNS of IN administration NN and CC disposition NN necessary JJ for IN it PP . SENT All DT of IN which WDT is VBZ subject JJ to TO Articles NNS 1422 CD to TO 1425 CD . SENT Art NN . SENT 1422 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD One CD spouse NN may MD not RB , , without IN the DT other JJ , , dispose VV inter VV vivos NNS , , gratuitously RB , , of IN the DT common JJ property NN . SENT Art NN . SENT 1423 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD . SENT A DT legacy NN made VVN by IN one CD spouse NN may MD not RB exceed VV his PP$ or CC her PP$ share NN in IN the DT community NN . SENT Where WRB a DT spouse NN has VHZ bequeathed VVD a DT property NN of IN the DT community NN , , the DT legatee NN may MD claim VV it PP in IN kind NN only RB if IN , , by IN the DT effect NN of IN partition NN , , the DT property NN falls VVZ into IN the DT share NN of IN the DT testator NN s PP heirs NNS . SENT if IN the DT property NN does VVZ not RB fall VV into IN the DT share NN of IN those DT heirs NNS , , the DT legatee NN is VBZ entitled VVN to TO reimbursement NN of IN the DT total JJ value NN of IN the DT property NN bequeathed VVD , , on IN the DT share NN , , in IN the DT community NN , , of IN the DT heirs NNS of IN the DT testator NN spouse NN and CC on IN the DT separate JJ property NN of IN the DT latter NN . SENT Art NN . SENT 1424 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD One CD spouse NN may MD not RB , , without IN the DT other JJ , , transfer VV or CC encumber VV with IN rights NNS in IN rem NP immovables NNS , , business NN assets NNS and CC enterprises NNS depending VVG on IN the DT community NN , , or CC non JJ negotiable JJ rights NNS in IN a DT firm NN and CC tangible JJ movables NNS whose WP$ alienation NN requires VVZ public JJ notice NN . SENT One CD spouse NN may MD not RB , , without IN the DT other JJ , , collect VV the DT capital NN coming VVG from IN those DT operations NNS . SENT Art NN . SENT 1425 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD One CD spouse NN may MD not RB , , without IN the DT other JJ , , give VVP on RB lease VV a DT rural JJ tenement NN or CC an DT immovable JJ for IN commercial JJ , , industrial JJ or CC craft NN use NN depending VVG on IN the DT community NN . SENT Other JJ leases NNS on IN common JJ property NN may MD be VB entered VVN into IN by IN one CD spouse NN alone RB and CC are VBP subject JJ to TO the DT rules NNS provided VVN for IN regarding VVG leases NNS made VVN by IN a DT usufructuary NN . SENT Art NN . SENT 1426 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Where WRB one CD of IN the DT spouses NNS is VBZ , , in IN an DT enduring JJ way NN , , unable JJ to TO express VV his PP$ or CC her PP$ wish NN , , or CC if IN his PP$ or CC her PP$ management NN of IN the DT community NN reveals VVZ unfitness NN or CC fraud NN , , the DT other JJ spouse NN may MD request VV in IN court NN to TO be VB substituted VVN for IN him PP or CC her PP$ in IN the DT exercise NN of IN those DT powers NNS . SENT The DT provisions NNS of IN Articles NNS 1445 CD to TO 1447 CD shall MD apply VV to TO that DT request NN . SENT A DT spouse NN thus RB entitled VVN by IN court NN has VHZ the DT same JJ powers NNS which WDT the DT spouse NN whom WP he PP or CC she PP replaces VVZ would MD have VH had VHN . SENT he PP or CC she PP may MD , , with IN the DT authorization NN of IN the DT court NN , , enter VVP into IN transactions NNS for IN which WDT his PP$ or CC her PP$ consent NN would MD have VH been VBN required VVN if IN a DT substitution NN had VHD not RB taken VVN place NN . SENT A DT spouse NN deprived VVN of IN his PP$ or CC her PP$ powers NNS may MD , , later RBR on RB , , request VVP their PP$ restitution NN to TO the DT court NN , , by IN establishing VVG that IN their PP$ transfer NN to TO the DT other JJ spouse NN is VBZ no DT longer RBR justified JJ . SENT Art NN . SENT 1427 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Where WRB one CD of IN the DT spouses NNS has VHZ gone VVN beyond IN his PP$ or CC her PP$ powers NNS on IN common JJ property NN , , the DT other JJ may MD apply VV for IN annulment NN of IN it PP , , unless IN he PP has VHZ ratified VVN the DT transaction NN . SENT An DT action NN for IN annulment NN may MD be VB brought VVN by IN the DT spouse NN during IN two CD years NNS after IN the DT day NN when WRB he PP had VHD knowledge NN of IN the DT transaction NN , , without IN never RB being VBG admissible JJ more JJR that IN two CD years NNS after IN the DT dissolution NN of IN the DT community NN . SENT Art NN . SENT 1428 CD Each DT spouse NN has VHZ the DT administration NN and CC enjoyment NN of IN his PP$ or CC her PP$ separate JJ property NN and CC may MD dispose VV of IN it PP freely RB . SENT Art NN . SENT 1429 CD . SENT Where WRB one CD of IN the DT spouses NNS is VBZ , , in IN an DT enduring JJ way NN , , unable JJ to TO express VV his PP$ or CC her PP$ wish NN , , or CC if IN he PP or CC she PP imperils VVZ the DT interests NNS of IN the DT family NN , , either CC by IN allowing VVG his PP$ or CC her PP$ separate JJ property NN to TO waste VV away RB or CC by IN dissipating VVG or CC embezzling VVG the DT income NN withdrawn VVN from IN them PP , , he PP or CC she PP may MD , , on IN application NN of IN the DT other JJ spouse NN , , be VB divested JJ of IN the DT rights NNS of IN administration NN and CC enjoyment NN attributed VVD by IN the DT preceding JJ Article NN . SENT The DT provisions NNS of IN Article NP 1445 CD to TO 1447 CD shall MD apply VV to TO that DT application NN . SENT Unless IN the DT appointment NN of IN a DT judicial JJ administrator NN appears VVZ necessary JJ , , the DT judgment NN shall MD grant VV to TO the DT plaintiff NN spouse NN the DT power NN to TO administer VV the DT separate JJ property NN of IN the DT divested JJ spouse NN , , as RB well RB as IN to TO collect VV the DT fruits NNS thereof RB , , which WDT shall MD be VB appropriated VVN to TO the DT marriage NN expenses NNS and CC the DT excess NN used VVN for IN the DT benefit NN of IN the DT community NN . SENT From IN the DT application NN , , the DT deprived VVN spouse NN may MD dispose VV alone RB of IN the DT bare JJ ownership NN of IN his PP$ or CC her PP$ property NN only RB . SENT He PP or CC she PP may MD , , later RBR on RB , , request VVP the DT restitution NN of IN his PP$ or CC her PP$ rights NNS to TO the DT court NN , , if IN he PP or CC she PP establishes VVZ that IN the DT causes NNS which WDT had VHD justified VVN the DT divesting VVG no RB longer RBR exist VV . SENT Art NN . SENT 1430 CD repealed VVN Art NN . SENT 1431 CD Where WRB , , during IN the DT marriage NN , , one CD of IN the DT spouses NNS grants NNS to TO the DT other JJ the DT administration NN of IN his PP$ or CC her PP$ separate JJ property NN , , the DT rules NNS of IN agency NN shall MD apply VV . SENT The DT agent NN spouse NN is VBZ , , however RB , , dispensed VVD from IN accounting NN for IN fruits NNS , , where WRB the DT power NN of IN attorney NN does VVZ not RB expressly RB so RB require VV . SENT Art NN . SENT 1432 CD Where WRB one CD of IN the DT spouses NNS takes VVZ in IN hand NN the DT management NN of IN the DT separate JJ property NN of IN the DT other JJ , , with IN the DT knowledge NN of IN the DT latter JJ but CC nevertheless RB without IN opposition NN on IN his PP$ or CC her PP$ part NN , , there EX is VBZ deemed VVN to TO be VB an DT implied JJ agency NN , , with IN authority NN to TO make VV acts NNS of IN administration NN and CC enjoyment NN , , but CC not RB acts VVZ of IN disposition NN . SENT That DT spouse NN shall MD be VB responsible JJ for IN his PP$ or CC her PP$ management NN towards IN the DT other JJ as RB would MD an DT agent NN . SENT However RB , , he PP or CC she PP must MD account VV only RB for IN existing VVG fruits NNS . SENT as RB regards VVZ those DT which WDT he PP or CC she PP failed VVD to TO collect VV or CC fraudulently RB consumed VVN , , he PP or CC she PP may MD be VB sued VVN only RB within IN a DT limitation NN of IN the DT last JJ five CD years NNS . SENT Where WRB one CD of IN the DT spouses NNS has VHZ interfered VVD in IN the DT management NN of IN the DT separate JJ property NN of IN the DT other JJ in IN contempt NN of IN an DT established JJ opposition NN , , he PP or CC she PP is VBZ liable JJ for IN all PDT the DT results NNS of IN his PP$ or CC her PP$ interference NN and CC accountable JJ without IN limitation NN for IN all PDT the DT fruits NNS which WDT he PP or CC she PP has VHZ collected VVN , , failed VVD to TO collect VV or CC fraudulently RB consumed VVN . SENT Art NN . SENT 1433 CD The DT community NN owes VVZ reimbursement NN to TO the DT owner NN spouse NN whenever WRB it PP has VHZ drawn VVN benefit NN from IN separate JJ property NN . SENT It PP shall MD be VB so RB , , notably RB , , where WRB it PP has VHZ collected VVN funds NNS which WDT were VBD separate JJ property NN or CC which WDT came VVD from IN the DT sale NN of IN a DT separate JJ property NN , , without IN there RB having VHG been VBN made VVN investment NN or CC re NN investment NN . SENT Where WRB a DT controversy NN arises VVZ , , proof NN that IN community NN drew VVD benefit NN from IN separate JJ property NN may MD be VB adduced VVN by IN any DT means NNS , , including VVG testimony NN and CC presumptions NNS . SENT Art NN . SENT 1434 CD Investment NN or CC re NN investment NN is VBZ deemed VVN made VVN with IN regard NN to TO a DT spouse NN , , whenever WRB , , at IN the DT time NN of IN an DT acquisition NN , , it PP is VBZ declared VVN that IN it PP was VBD made VVN from IN separate JJ funds NNS , , or CC from IN funds NNS coming VVG from IN the DT disposal NN of IN a DT separate JJ property NN , , and CC in IN order NN to TO take VV its PP$ place NN as IN investment NN or CC re NN investment NN . SENT Failing VVG such JJ declaration NN in IN the DT instrument NN , , investment NN or CC re NN investment NN takes VVZ place NN only RB through IN agreement NN of IN the DT spouses NNS and CC produces VVZ effect NN only RB in IN their PP$ reciprocal JJ relationships NNS . SENT repealed VVN Art NN . SENT 1435 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Where WRB investment NN or CC re NN investment NN is VBZ made VVN in IN anticipation NN , , the DT property NN acquired VVN is VBZ separate JJ , , provided VVN that IN the DT sums NNS expected VVN from IN the DT separate JJ patrimony NN be VB paid VVN to TO the DT community NN within IN five CD years NNS after IN the DT date NN of IN the DT transaction NN . SENT Art NN . SENT 1436 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Where WRB the DT price NN and CC expenses NNS of IN the DT acquisition NN exceed VVP the DT sum NN from IN which WDT investment NN or CC re NN investment NN was VBD made VVN , , the DT community NN is VBZ entitled VVN to TO reimbursement NN for IN the DT excess NN . SENT Where WRB , , however RB , , the DT share NN of IN the DT community NN is VBZ greater JJR than IN that DT of IN the DT acquiring VVG spouse NN , , the DT property NN acquired VVD falls NNS into IN community NN , , subject JJ to TO reimbursement NN due JJ to TO the DT spouse NN . SENT Art NN . SENT 1437 CD Whenever WRB a DT sum NN is VBZ taken VVN from IN the DT community NN , , either CC to TO discharge VV the DT personal JJ debts NNS or CC charges NNS of IN one CD of IN the DT spouses NNS , , such JJ as IN the DT price NN or CC part NN of IN the DT price NN of IN a DT separate JJ property NN of IN his PP$ or CC her PP$ own JJ , , or CC the DT redemption NN of IN land NN services NNS , , or CC for IN the DT recovery NN , , preservation NN or CC improvement NN of IN his PP$ or CC her PP$ personal JJ property NN , , and CC generally RB whenever WRB one CD of IN the DT two CD spouses NNS draws VVZ a DT personal JJ profit NN from IN the DT community NN property NN , , he PP or CC she PP owes VVZ reimbursement NN therefor RB . SENT Art NN . SENT 1438 CD Where WRB the DT father NN and CC mother NN jointly RB make VV a DT gift NN in IN favour NN of IN a DT common JJ child NN without IN specifying VVG the DT portion NN for IN which WDT they PP intended VVD to TO contribute VV thereto RB , , they PP are VBP deemed VVN to TO have VH contributed VVN each DT for IN one CD half NN , , whether IN the DT gift NN was VBD provided VVN or CC promised VVN from IN community NN property NN , , or CC whether IN from IN personal JJ property NN of IN one CD of IN the DT spouses NNS . SENT In IN the DT second JJ case NN , , the DT spouse NN from IN whose WP$ personal JJ property NN the DT gift NN was VBD made VVN has VHZ , , on IN the DT property NN of IN the DT other JJ , , an DT action NN for IN compensation NN for IN half NN of IN the DT said VVN gift NN , , having VHG regard NN to TO the DT value NN of IN the DT property NN donated VVN at IN the DT time NN of IN the DT gift NN . SENT Art NN . SENT 1439 CD A NP gift NN made VVD to TO a DT common JJ child NN from IN community NN property NN is VBZ charged VVN to TO the DT community NN . SENT Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD It PP is VBZ borne VVN by IN each DT spouse NN for IN one CD half NN on IN the DT dissolution NN of IN the DT community NN , , unless IN one CD of IN them PP , , in IN making VVG it PP , , expressly RB declared VVD that IN he PP or CC she PP would MD take VV charge NN of IN it PP for IN the DT whole NN or CC for IN a DT share NN exceeding VVG one CD half NN . SENT Art NN . SENT 1440 CD Warranty NN of IN the DT gift NN is VBZ due JJ from IN any DT person NN who WP made VVD it PP . SENT and CC interest NN runs VVZ as RB from IN the DT day NN of IN the DT marriage NN , , although IN there EX is VBZ a DT term NN for IN the DT payment NN , , unless IN otherwise RB stipulated VVD . SENT Section NP III NP Of IN the DT Dissolution NN of IN the DT Community NP 1 CD Of IN the DT Causes NNS for IN Dissolution NN and CC of IN Separation NN of IN Property NP Art NP . SENT 1441 CD A NP community NN is VBZ dissolved VVN . SENT 1 CD By IN the DT death NN of IN one CD of IN the DT spouses NNS . SENT 2 CD By IN declared VVN absence NN Act NP n NN 77 CD 1447 CD of IN 28 CD Dec NP . SENT 1977 CD . SENT 3 CD By IN divorce NN . SENT 4 CD By IN judicial JJ separation NN . SENT 5 CD By IN separation NN of IN property NN . SENT 6 CD By IN change NN of IN matrimonial JJ regime NN . SENT Art NN . SENT 1442 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD No RB continuance NN of IN a DT community NN may MD take VV place NN , , notwithstanding IN any DT agreement NN to TO the DT contrary NN . SENT Either DT spouse NN may MD request VV , , if IN there EX is VBZ occasion NN , , that WDT , , in IN their PP$ mutual JJ relations NNS , , the DT effect NN of IN the DT dissolution NN be VB carried VVN back RB to TO the DT date NN when WRB they PP ceased VVD to TO live VV together RB and CC collaborate VV . SENT The DT one NN upon IN whom WP the DT wrongs NNS of IN separation NN chiefly RB fall NN may MD not RB obtain VV that IN carrying VVG back RB . SENT Art NN . SENT 1443 CD Where WRB through IN the DT disorder NN of IN the DT affairs NNS , , misadministration NN or CC misconduct NN of IN one CD spouse NN , , it PP appears VVZ that IN the DT upholding VVG of IN the DT community NN imperils VVZ the DT interest NN of IN the DT other JJ spouse NN , , the DT latter NN may MD sue VV in IN court NN for IN separation NN of IN property NN . SENT Any DT voluntary JJ separation NN is VBZ void JJ . SENT Art NN . SENT 1444 CD Separation NN of IN property NN , , although IN ordered VVN in IN court NN , , is VBZ void JJ where WRB the DT proceedings NNS tending VVG to TO liquidate VV the DT rights NNS of IN the DT parties NNS have VHP not RB be VB initiated VVN within IN three CD months NNS after IN the DT judgment NN has VHZ become VVN res NN judicata NNS or CC where WRB the DT final JJ settlement NN has VHZ not RB occurred VVN within IN the DT year NN of IN the DT opening NN of IN the DT process NN of IN liquidation NN . SENT The DT period NN of IN one CD year NN may MD be VB extended VVN by IN the DT president NN of IN the DT court NN in IN the DT form NN of IN interim JJ relief NN proceedings NNS . SENT Art NN . SENT 1445 CD The DT application NN and CC judgment NN of IN separation NN of IN property NN shall MD be VB given VVN public JJ notice NN on IN the DT terms NNS and CC subject JJ to TO the DT penalties NNS provided VVN for IN by IN the DT Code NP of IN Civil NP Procedure NN , , as RB well RB as RB by IN the DT regulations NNS relating VVG to TO commerce NN where WRB one CD of IN the DT spouses NNS is VBZ a DT merchant NN . SENT A DT judgment NN ordering VVG a DT separation NN of IN property NN extends VVZ back RB as RB to TO its PP$ effect NN to TO the DT day NN of IN the DT application NN . SENT Mention VV of IN the DT judgment NN shall MD be VB made VVN in IN the DT margin NN of IN the DT record NN of IN marriage NN as IN well RB as RB on IN the DT original NN of IN the DT ante NN nuptial JJ agreement NN . SENT Art NN . SENT 1446 CD Creditors NNS of IN a DT spouse NN may MD not RB apply VV for IN a DT separation NN of IN property NN in IN his PP$ or CC her PP$ right NN . SENT Art NN . SENT 1447 CD Where WRB an DT action NN for IN separation NN of IN property NN has VHZ been VBN brought VVN , , creditors NNS may MD demand VV from IN the DT spouses NNS , , by IN paper NN served VVN in IN the DT courthouse NN , , to TO have VH the DT application NN and CC supporting VVG documents NNS communicated VVN to TO them PP . SENT They PP may MD even RB intervene VV in IN the DT case NN for IN the DT preservation NN of IN their PP$ rights NNS . SENT Where WRB separation NN has VHZ been VBN ordered VVN in IN fraud NN of IN their PP$ rights NNS , , they PP may MD appeal VV against IN it PP by IN way NN of IN third JJ party NN application NN for IN revocation NN of IN judgment NN , , under IN the DT conditions NNS provided VVN for IN in IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 1448 CD The DT spouse NN who WP has VHZ obtained VVN the DT separation NN of IN property NN shall MD contribute VV , , in IN proportion NN to TO his PP$ or CC her PP$ means NNS and CC to TO those DT of IN the DT other JJ spouse NN , , both CC to TO the DT household NN expenses NNS and CC to TO those DT relating VVG to TO the DT education NN of IN children NNS . SENT He PP or CC she PP shall MD bear VV entirely RB those DT expenses NNS , , where WRB nothing NN is VBZ left VVN to TO the DT other JJ . SENT Art NN . SENT 1449 CD A DT separation NN of IN property NN judicially RB ordered VVD has VHZ the DT effect NN of IN putting VVG the DT spouses NNS under IN the DT regime NN of IN Articles NNS 1536 CD and CC following VVG . SENT Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD The DT court NN , , where WRB it PP pronounces VVZ separation NN , , may MD order VV that IN one CD of IN the DT spouses NNS shall MD pay VV his PP$ or CC her PP$ contribution NN into IN the DT hands NNS of IN the DT other JJ spouse NN , , who WP shall MD assume VV alone RB thenceforth RB with IN regard NN to TO third JJ parties NNS the DT payment NN of IN all PDT the DT liabilities NNS of IN the DT marriage NN . SENT Art NN . SENT 1450 CD Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD During IN divorce NN proceedings NNS , , spouses NNS may MD enter VV into IN any DT agreements NNS for IN the DT liquidation NN and CC partition NN of IN the DT community NN . SENT Those DT agreements NNS shall MD be VB made VVN through IN a DT notarial JJ instrument NN , , except IN in IN case NN of IN joint JJ petition NN . SENT Art NN . SENT 1451 CD Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD The NP agreements NNS thus RB entered VVN into IN are VBP suspended VVN , , with IN regard NN to TO their PP$ effects NNS , , until IN the DT pronouncement NN of IN the DT divorce NN . SENT they PP may MD be VB enforced VVN , , even RB in IN the DT relations NNS between IN spouses NNS , , only RB where WRB the DT judgment NN has VHZ gained VVN force NN of IN res NN judicata NNS . SENT One CD of IN the DT spouses NNS may MD request VV that IN the DT judgment NN of IN divorce NN modify VV the DT agreement NN where WRB the DT consequences NNS of IN divorce NN fixed VVN by IN that DT judgment NN call NN into IN question NN the DT bases NNS of IN the DT liquidation NN and CC partition NN . SENT Art NN . SENT 1452 CD to TO 1466 CD repealed VVN 2 CD Of IN Liquidation NN and CC Partition NN of IN the DT Community NP Art NP . SENT 1467 CD After IN the DT dissolution NN of IN the DT community NN , , each DT spouse NN shall MD retake VV that IN of IN his PP$ or CC her PP$ property NN which WDT did VVD not RB fall VV into IN the DT community NN , , where WRB it PP exists VVZ in IN kind NN , , or CC the DT property NN subrogated VVD thereto RB . SENT Then RB shall MD take VV place VV the DT liquidation NN of IN the DT common JJ stock NN , , as RB to TO assets NNS and CC liabilities NNS . SENT Art NN . SENT 1468 CD Shall NP be VB established VVN in IN the DT name NN of IN each DT spouse NN an DT account NN of IN the DT reimbursement NN which WDT the DT community NN owes VVZ to TO him PP or CC her PP$ and CC of IN the DT reimbursement NN which WDT he PP or CC she PP owes VVZ to TO the DT community NN , , in IN accordance NN with IN the DT rules NNS prescribed VVN in IN the DT preceding JJ Sections NNS . SENT Art NN . SENT 1469 CD Reimbursement NP shall MD be VB , , in IN general JJ , , equal JJ to TO the DT smaller JJR of IN the DT two CD sums NNS which WDT the DT expenditures NNS made VVD and CC the DT profit NN still RB extant JJ represent VVP . SENT However RB , , it PP may MD not RB be VB less JJR than IN the DT expenditure NN made VVD where WRB the DT latter NN was VBD necessary JJ . SENT Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD It PP may MD not RB be VB less JJR than IN the DT profit NN still RB extant JJ where WRB the DT value NN borrowed VVN was VBD used VVN to TO acquire VV , , preserve VV or CC improve VV a DT property NN which WDT is VBZ found VVN , , on IN the DT day NN of IN the DT liquidation NN of IN the DT community NN , , in IN the DT borrower NN patrimony NN . SENT Where WRB the DT property NN acquired VVD , , preserved VVD or CC improved VVD has VHZ been VBN alienated VVN before IN the DT liquidation NN , , the DT profit NN shall MD be VB appraised VVN on IN the DT day NN of IN the DT alienation NN . SENT where WRB a DT new JJ property NN has VHZ been VBN subrogated VVN to TO the DT alienated VVN property NN , , the DT profit NN shall MD be VB appraised VVN with IN regard NN to TO that DT new JJ property NN . SENT Art NN . SENT 1470 CD Where WRB , , after IN the DT balance NN is VBZ made VVN , , the DT account NN presents VVZ a DT residue NN in IN favour NN of IN the DT community NN , , the DT spouse NN shall MD return VV the DT amount NN thereof RB to TO the DT common JJ stock NN . SENT Where WRB it PP presents VVZ a DT residue NN in IN favour NN of IN a DT spouse NN , , the DT latter NN has VHZ the DT option NN either CC to TO require VV payment NN or CC to TO appropriate JJ common JJ property NN up RB to TO the DT amount NN due RB . SENT Art NN . SENT 1471 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Appropriations NPS shall MD be VB enforced VVN first RB on IN ready JJ money NN , , next JJ on IN the DT movables NNS and CC subsidiarily RB on IN the DT immovables NNS of IN the DT community NN . SENT A DT spouse NN who WP makes VVZ the DT appropriation NN is VBZ entitled VVN to TO choose VV the DT movables NNS and CC immovables NNS which WDT he PP or CC she PP appropriates VVZ . SENT He PP or CC she PP may MD not RB , , however RB , , prejudice NN by IN that DT option NN the DT rights NNS which WDT the DT other JJ spouse NN may MD have VH to TO request VV the DT continuation NN of IN the DT undivided JJ property NN or CC the DT preferential JJ allotment NN of IN certain JJ items NNS of IN property NN . SENT Where WRB the DT spouses NNS wish VVP to TO appropriate JJ the DT same JJ property NN , , one PP shall MD proceed VV by IN drawing VVG lots NNS . SENT Art NN . SENT 1472 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD In IN case NN the DT community NN is VBZ not RB adequate JJ , , the DT appropriations NNS of IN each DT spouse NN shall MD be VB in IN proportion NN to TO the DT amount NN of IN the DT reimbursement NN which WDT are VBP due JJ to TO him PP or CC her PP$ . SENT However RB , , where WRB the DT inadequacy NN of IN the DT community NN is VBZ imputable JJ to TO the DT fault NN of IN one CD of IN the DT spouses NNS , , the DT other JJ spouse NN may MD make VV appropriation NN before IN him PP or CC her PP$ on IN the DT whole NN of IN common JJ property NN . SENT he PP or CC she PP may MD make VV them PP subsidiarily RB on IN the DT separate JJ property NN of IN the DT liable JJ spouse NN . SENT Art NN . SENT 1473 CD Reimbursement NP due JJ by IN the DT community NN or CC to TO the DT community NN bears VVZ interest NN by IN operation NN of IN law NN from IN the DT day NN of IN the DT dissolution NN . SENT Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD However RB , , where WRB a DT reimbursement NN is VBZ equal JJ to TO the DT profit NN still RB extant JJ , , interest NN runs VVZ from IN the DT day NN of IN liquidation NN . SENT Art NN . SENT 1474 CD Appropriations NNS in IN common JJ property NN constitute VVP an DT operation NN of IN partition NN . SENT They PP do VVP not RB confer VV on IN the DT spouse NN who WP enforces VVZ them PP any DT right NN to TO be VB preferred JJ to TO the DT creditors NNS of IN the DT community NN , , except IN the DT priority NN resulting VVG from IN legal JJ mortgage NN , , where WRB there EX is VBZ occasion NN . SENT Art NN . SENT 1475 CD After IN all DT appropriations NNS have VHP been VBN carried VVN out RP on IN the DT stock NN , , the DT excess NN shall MD be VB divided VVN by IN halves NNS between IN the DT spouses NNS . SENT Where WRB an DT immovable JJ of IN the DT community NN is VBZ an DT annex NN of IN another DT immovable JJ belonging VVG separately RB to TO one CD of IN the DT spouses NNS , , or CC where WRB it PP is VBZ contiguous JJ to TO that DT building NN , , the DT owner NN spouse NN has VHZ the DT power NN to TO have VH it PP allotted VVN to TO him PP or CC her PP$ by IN deduction NN from IN his PP$ or CC her PP$ share NN or CC subject JJ to TO a DT balance NN , , according VVG to TO the DT value NN of IN the DT property NN on IN the DT day NN when WRB allotment NN is VBZ requested VVN . SENT Art NN . SENT 1476 CD Partition NN of IN a DT community NN , , as RB to TO everything NN relating VVG to TO its PP$ forms NNS , , continuation NN of IN undivided JJ ownership NN and CC preferential JJ allotment NN , , auction NN of IN property NN , , effects NNS of IN partition NN , , warranty NN and CC balances VVZ is VBZ subject JJ to TO all PDT the DT rules NNS established VVN in IN the DT Title NN Of IN Successions NNS with IN respect NN to TO partitions NNS between IN coheirs NNS . SENT However RB , , as RB to TO communities NNS dissolved VVN by IN divorce NN , , judicial JJ separation NN or CC separation NN of IN property NN , , preferential JJ allotment NN is VBZ never RB as RB of IN right NN , , and CC it PP may MD always RB be VB ordered VVN that IN the DT whole NN of IN a DT balance NN which WDT may MD be VB due RB shall MD be VB payable JJ cash NN . SENT Art NN . SENT 1477 CD The DT spouse NN who WP has VHZ diverted VVN or CC concealed VVN any DT articles NNS of IN the DT community NN , , shall MD be VB deprived VVN of IN his PP$ or CC her PP$ share NN in IN said VVN articles NNS . SENT Art NN . SENT 1478 CD After IN a DT partition NN is VBZ closed JJ , , where WRB one CD of IN the DT spouses NNS is VBZ the DT personal JJ creditor NN of IN the DT other JJ , , for IN instance NN because IN the DT proceeds NNS of IN his PP$ or CC her PP$ property NN have VHP been VBN used VVN to TO pay VV a DT personal JJ debt NN of IN the DT other JJ spouse NN , , or CC for IN any DT other JJ cause NN , , he PP or CC she PP may MD enforce VV the DT claim NN against IN the DT share NN of IN the DT community NN coming VVG to TO the DT other JJ or CC against IN the DT other JJ s PP separate JJ property NN . SENT Art NN . SENT 1479 CD The NP personal JJ claims NNS which WDT the DT spouses NNS have VHP to TO enforce VV against IN each DT other JJ do VVP not RB give VV rise NN to TO appropriation NN and CC bear NN interest NN only RB from IN the DT day NN of IN the DT demand NN . SENT Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Unless IN otherwise RB agreed VVN by IN the DT parties NNS , , they PP shall MD be VB appraised VVN according VVG to TO the DT rules NNS of IN Article NP 1469 CD , , paragraph NN 3 CD , , in IN the DT cases NNS for IN which WDT it PP provides VVZ . SENT interest NN then RB runs VVZ from IN the DT day NN of IN the DT liquidation NN . SENT Art NN . SENT 1480 CD Gifts NNS which WDT one NN of IN the DT spouses NNS may MD have VH made VVN to TO the DT other JJ shall MD be VB enforced VVN only RB on IN the DT share NN of IN the DT donor NN in IN the DT community NN and CC on IN his PP$ or CC her PP$ separate JJ property NN . SENT Art NN . SENT 1481 CD repealed VVN 3 CD Obligation NN and CC of IN Contribution NN to TO Liabilities NNS after IN Dissolution NN Art NN . SENT 1482 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Each DT spouse NN may MD be VB sued VVN for IN the DT whole NN of IN the DT debts NNS existing VVG on IN the DT day NN of IN dissolution NN , , which WDT had VHD entered VVN into IN the DT community NN in IN his PP$ or CC her PP$ own JJ right NN . SENT Art NN . SENT 1483 CD Each DT spouse NN may MD be VB sued VVN only RB for IN half NN of IN the DT debts NNS which WDT had VHD entered VVN into IN the DT community NN in IN the DT other JJ spouse NN s PP right RB . SENT Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD After IN partition NN , , and CC save VV the DT case NN of IN concealment NN , , he PP or CC she PP is VBZ liable JJ for IN them PP only RB up RB to TO the DT share NN of IN the DT assets NNS which WDT he PP or CC she PP receives VVZ , , provided VVD there EX was VBD an DT inventory NN , , and CC under IN the DT obligation NN to TO account VV both DT for IN the DT contents NNS of IN that DT inventory NN and CC for IN what WP he PP or CC she PP has VHZ received VVN through IN the DT partition NN , , as RB well RB as RB for IN the DT common JJ liabilities NNS already RB discharged VVN . SENT Art NN . SENT 1484 CD The DT inventory NN provided VVD for IN in IN the DT preceding JJ Article NN shall MD be VB made VVN in IN the DT forms NNS regulated VVN by IN the DT Code NP of IN Civil NP Procedure NN , , adversarily RB with IN the DT other JJ spouse NN or CC the DT latter NN having VHG been VBN duly RB summoned VVN . SENT It PP shall MD be VB closed VVN within IN nine CD months NNS after IN the DT day NN when WRB the DT community NN was VBD dissolved VVN , , except IN for IN extension NN of IN time NN granted VVN by IN an DT interim JJ relief NN judge NN . SENT It PP shall MD be VB asserted VVN genuine JJ and CC true JJ before IN the DT public JJ officer NN who WP received VVD it PP . SENT Art NN . SENT 1485 CD Each DT spouse NN shall MD contribute VV by IN halves NNS to TO the DT community NN debts NNS for IN which WDT a DT reimbursement NN was VBD not RB due JJ , , as RB well RB as IN to TO the DT costs NNS of IN sealing VVG , , inventory NN , , sale NN of IN movables NNS , , liquidation NN , , auction NN and CC partition NN . SENT He PP or CC she PP bears VVZ alone RB the DT debts NNS which WDT had VHD become VVN common JJ only RB subject JJ to TO reimbursement NN chargeable JJ to TO him PP or CC her PP$ . SENT Art NN . SENT 1486 CD The DT spouse NN who WP may MD take VV advantage NN of IN the DT benefit NN of IN Article NP 1483 CD , , paragraph NN 2 CD , , does VVZ not RB contribute VV for IN more JJR than IN the DT share NN of IN the DT assets NNS which WDT he PP or CC she PP receives VVZ to TO the DT debts NNS which WDT had VHD entered VVN into IN the DT community NN in IN the DT other JJ spouse NN s PP right RB , , unless IN it PP is VBZ a DT question NN of IN debts NNS for IN which WDT he PP or CC she PP owed VVD reimbursement NN . SENT Art NN . SENT 1487 CD The DT spouse NN who WP paid VVD above IN the DT portion NN for IN which WDT he PP or CC she PP was VBD liable JJ under IN the DT preceding VVG Articles NNS has VHZ a DT remedy NN for IN the DT excess NN against IN the DT other JJ . SENT Art NN . SENT 1488 CD He PP or CC she PP has VHZ not RB , , for IN that DT excess NN , , any DT recovery NN against IN the DT creditor NN , , unless IN the DT receipt NN states NNS that IN he PP or CC she PP intends VVZ to TO pay VV only RB within IN the DT limit NN of IN his PP$ or CC her PP$ obligation NN . SENT Art NN . SENT 1489 CD The DT spouse NN who WP , , by IN the DT effect NN of IN a DT mortgage NN enforced VVN on IN an DT immovable JJ which WDT he PP received VVD in IN partition NN , , is VBZ sued VVN for IN the DT whole NN of IN a DT community NN debt NN has VHZ as RB of IN right RB a DT remedy NN against IN the DT other JJ for IN half NN of IN that DT debt NN . SENT Art NN . SENT 1490 CD The NP provisions NNS of IN the DT preceding JJ Articles NNS are VBP not RB a DT bar NN to TO a DT clause NN of IN the DT partition NN which WDT , , without IN prejudicing VVG the DT rights NNS of IN third JJ parties NNS , , obliges VVZ either DT spouse NN to TO pay VV a DT portion NN of IN the DT debts NNS other JJ than IN that DT which WDT is VBZ fixed VVN above IN , , or CC even RB to TO discharge VV the DT liabilities NNS in IN full JJ . SENT Art NN . SENT 1491 CD . SENT The DT heirs NNS of IN the DT spouses NNS exercise VVP , , in IN case NN of IN dissolution NN of IN the DT community NN , , the DT same JJ rights NNS as IN the DT spouse NN whom WP they PP represent VVP and CC are VBP subject JJ to TO the DT same JJ obligations NNS . SENT repealed VVN Art NN . SENT 1492 CD to TO 1496 CD repealed VVN PART NN II NP OF IN CONVENTIONAL JJ COMMUNITY NN Art NN . SENT 1497 CD Spouses NNS may MD , , in IN their PP$ ante NN nuptial JJ agreement NN , , modify VV statutory JJ community NN by IN any DT kinds NNS of IN agreement NN not RB contrary JJ to TO Article NP 1387 CD , , 1388 CD and CC 1389 CD . SENT They PP may MD , , especially RB , , agree VVP . SENT 1 CD That IN the DT community NN shall MD include VV movables NNS and CC acquisitions NNS . SENT 2 CD That IN it PP will MD be VB derogated VVN to TO the DT rules NNS relating VVG to TO administration NN . SENT 3 LS That DT one NN of IN the DT spouse NN will MD have VH the DT power NN to TO appropriate JJ certain JJ property NN on IN condition NN of IN an DT indemnity NN . SENT 4 LS That DT one NN of IN the DT spouses NNS will MD have VH an DT appropriation NN clause NN . SENT 5 CD That IN the DT spouses NNS will MD have VH unequal JJ shares NNS . SENT 6 CD That IN there EX will MD be VB a DT universal JJ community NN between IN them PP . SENT The DT rules NNS on IN statutory JJ community NN shall MD remain VV applicable JJ on IN all DT questions NNS which WDT have VHP not RB been VBN the DT subject NN of IN the DT agreement NN of IN the DT parties NNS . SENT Section NN I NN Of IN the DT Community NN of IN Movables NNS and CC Acquisitions NNS Art NN . SENT 1498 CD Where WRB spouses NNS agree VVP that IN there EX will MD be VB between IN them PP a DT community NN of IN movables NNS and CC acquisitions NNS , , the DT common JJ assets NNS comprise VVP , , in IN addition NN to TO property NN which WDT would MD form VV part NN of IN it PP under IN the DT regime NN of IN statutory JJ community NN , , the DT movable JJ property NN of IN which WDT the DT spouses NNS had VHD ownership NN or CC possession NN on IN the DT day NN of IN the DT marriage NN or CC which WDT has VHZ fallen VVN to TO them PP afterwards RB through IN succession NN or CC gratuitous JJ transfer NN , , unless IN the DT donor NN or CC testator NN has VHZ stipulated VVD the DT contrary NN . SENT Remains VVZ separate JJ property NN , , nevertheless RB , , that IN of IN the DT movable JJ property NN which WDT would MD have VH formed VVN separate JJ property NN by IN its PP$ nature NN by IN virtue NN of IN Article NP 1404 CD , , under IN the DT statutory JJ regime NN , , if IN it PP had VHD been VBN acquired VVN during IN the DT community NN . SENT Where WRB one CD of IN the DT spouses NNS acquires VVZ an DT immovable JJ after IN the DT ante NN nuptial JJ agreement NN , , which WDT contained VVD a DT stipulation NN of IN community NN of IN movables NNS and CC acquisitions NNS , , and CC before IN the DT celebration NN of IN the DT marriage NN , , the DT immovable JJ acquired VVN during IN that DT interval NN enters VVZ the DT community NN , , unless IN the DT acquisition NN was VBD made VVN in IN performance NN of IN some DT clause NN of IN the DT ante NN nuptial JJ agreement NN , , in IN which WDT case NN it PP is VBZ regulated VVN according VVG to TO the DT agreement NN . SENT Art NN . SENT 1499 CD Form NN part NN of IN the DT liabilities NNS of IN the DT community NN , , under IN that DT regime NN , , other JJ than IN the DT debts NNS which WDT would MD form VV part NN of IN it PP under IN the DT statutory JJ regime NN , , a DT fraction NN of IN those DT with IN which WDT the DT spouses NNS were VBD already RB burdened VVN when WRB they PP married VVD , , or CC with IN which WDT successions NNS and CC gratuitous JJ transfer NN which WDT fall VVP to TO them PP during IN the DT marriage NN are VBP burdened VVN . SENT The DT fraction NN of IN liabilities NNS which WDT the DT community NN bears NNS is VBZ proportionate JJ to TO the DT fraction NN of IN assets NNS which WDT it PP receives VVZ , , according VVG to TO the DT rules NNS of IN the DT preceding JJ Article NN , , either CC from IN the DT patrimony NN of IN the DT spouse NN on IN the DT day NN of IN the DT marriage NN , , or CC from IN the DT whole NN of IN property NN which WDT is VBZ the DT subject NN of IN the DT succession NN or CC gratuitous JJ transfer NN . SENT In IN order NN to TO establish VV that DT proportion NN , , the DT consistency NN and CC value NN of IN the DT assets NNS shall MD be VB proved VVN in IN accordance NN with IN Article NP 1402 CD . SENT Art NN . SENT 1500 CD The NP debts NNS to TO which WDT the DT community NN is VBZ liable JJ , , as IN a DT counterpart NN of IN the DT property NN it PP receives VVZ , , are VBP its PP$ final JJ responsibility NN . SENT Art NN . SENT 1501 CD The DT apportionment NN of IN liabilities NNS prior RB to TO the DT marriage NN or CC burdening VVG successions NNS and CC gratuitous JJ transfers NNS may MD not RB prejudice VV the DT creditors NNS . SENT They PP keep VVP , , in IN all DT cases NNS , , the DT right NN to TO seize VV property NN which WDT previously RB constituted VVD their PP$ security NN . SENT They PP may MD even RB enforce VV their PP$ payment NN against IN the DT whole NN of IN the DT community NN , , where WRB the DT movable JJ property NN of IN their PP$ debtor NN has VHZ been VBN merged VVN into IN the DT common JJ patrimony NN and CC may MD no RB longer RBR be VB identified VVN under IN the DT rules NNS of IN Article NP 1402 CD . SENT Art NN . SENT 1502 CD repealed VVN Section NP II NP Of IN the DT Clause NN of IN Joint NP Administration NP Art NP . SENT 1503 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Spouses NNS may MD agree VV that IN they PP will MD administer VV jointly RB the DT community NN . SENT In IN that DT case NN , , the DT acts NNS of IN administration NN and CC of IN disposition NN of IN community NN property NN shall MD be VB made VVN under IN the DT joint JJ signature NN of IN both DT spouses NNS , , and CC they PP involve VVP as RB of IN right RB joint JJ and CC several JJ liability NN of IN the DT spouses NNS . SENT Acts NNS of IN preservation NN may MD be VB done VVN separately RB by IN each DT spouse NN . SENT Art NN . SENT 1504 CD to TO 1510 CD repealed VVN by IN implication NN Section NP III NP Of IN the DT Clause NN of IN Appropriation NN on IN Condition NN of IN Indemnity NN Art NN . SENT 1511 CD Spouses NNS may MD stipulate VV that IN the DT survivor NN or CC one NN of IN them PP if IN he PP or CC she PP survives VVZ , , or CC even RB one CD of IN them PP in IN all PDT the DT cases NNS of IN dissolution NN of IN the DT community NN , , will MD have VH the DT power NN to TO appropriate JJ certain JJ common JJ property NN , , with IN the DT responsibility NN of IN accounting NN for IN it PP to TO the DT community NN according VVG to TO the DT value NN it PP has VHZ on IN the DT day NN of IN partition NN , , unless IN otherwise RB agreed VVN . SENT Art NN . SENT 1512 CD An DT ante NN nuptial JJ agreement NN may MD fix VV the DT bases NNS of IN appraisal NN and CC the DT terms NNS of IN payment NN of IN a DT possible JJ balance NN . SENT Having VHG regard NN to TO those DT clauses NNS and CC failing VVG an DT agreement NN between IN the DT parties NNS , , the DT value NN of IN that DT property NN shall MD be VB fixed VVN by IN the DT tribunal NN de FW grande JJ instance NN . SENT Art NN . SENT 1513 CD A DT power NN of IN appropriation NN lapses NNS where WRB the DT benefiting VVG spouse NN does VVZ not RB exercise VV it PP by IN notice NN served VVN upon IN the DT other JJ spouse NN or CC his PP$ or CC her PP$ heirs NNS within IN a DT period NN of IN one CD month NN after IN the DT day NN when WRB the DT latter NN have VHP served VVN upon IN him PP or CC her PP$ notice NN to TO come VV to TO a DT decision NN . SENT That DT notice NN may MD not RB itself PP be VB served VVN before IN the DT expiry NN of IN the DT period NN provided VVD for IN in IN the DT Title NN Of IN Successions NNS for IN making VVG an DT inventory NN and CC deliberating VVG . SENT Art NN . SENT 1514 CD Appropriation NN is VBZ an DT operation NN of IN partition NN . SENT property NN appropriated VVN is VBZ deduced VVN from IN the DT share NN of IN the DT benefiting VVG spouse NN . SENT where WRB its PP$ value NN exceeds VVZ that IN share NN , , there EX is VBZ occasion NN for IN payment NN of IN a DT balance NN . SENT Spouses NNS may MD agree VV that IN the DT indemnity NN owed VVN by IN the DT maker NN of IN an DT appropriation NN will MD be VB deduced VVN subsidiarily RB from IN his PP$ or CC her PP$ rights NNS in IN the DT succession NN of IN the DT predeceased VVN spouse NN . SENT Section NP IV NP Of IN the DT Appropriation NN Clause NN Art NN . SENT 1515 CD It PP may MD be VB agreed VVN in IN an DT ante NN nuptial JJ agreement NN , , that IN the DT survivor NN of IN the DT spouses NNS , , or CC one CD of IN them PP if IN he PP or CC she PP survives VVZ , , will MD be VB authorized VVN to TO appropriate JJ from IN the DT common JJ stock NN , , before IN any DT partition NN , , either CC a DT specified JJ sum NN , , or CC a DT specified JJ property NN in IN kind NN , , or CC a DT specified JJ quantity NN of IN a DT determined VVN kind NN of IN property NN . SENT Art NN . SENT 1516 CD Appropriation NN is VBZ not RB considered VVN as IN a DT gift NN , , either CC as RB to TO substance NN , , or CC as RB to TO form VV , , but CC as IN a DT agreement NN relating VVG to TO marriage NN and CC between IN partners NNS . SENT Art NN . SENT 1517 CD repealed VVN Art NN . SENT 1518 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Where WRB community NN is VBZ dissolved VVN in IN the DT lifetime NN of IN the DT spouses NNS , , there EX is VBZ no DT occasion NN for IN the DT making NN of IN an DT appropriation NN . SENT but CC the DT spouse NN , , to TO whose WP$ benefit NN it PP was VBD stipulated VVD , , keeps VVZ his PP$ or CC her PP$ right NN for IN the DT case NN of IN survival NN , , unless IN matrimonial JJ advantages NNS have VHP been VBN lost VVN as RB of IN right NN or CC revoked VVN following VVG a DT divorce NN or CC judicial JJ separation NN order NN , , without IN prejudice NN to TO the DT application NN of IN Article NP 268 CD . SENT He PP or CC she PP may MD require VV surety NN from IN the DT other JJ spouse NN in IN warranty NN of IN those DT rights NNS . SENT Art NN . SENT 1519 CD Creditors NNS of IN the DT community NN are VBP always RB entitled VVN to TO have VH the DT articles NNS appropriated VVD sold VVN , , subject JJ to TO the DT remedy NN of IN the DT spouse NN against IN the DT remainder NN of IN the DT community NN . SENT Section NN V NN Of IN the DT Stipulation NN of IN Unequal JJ Shares NP Art NP . SENT 1520 CD Spouses NNS may MD derogate VV from IN the DT partition NN established VVN by IN law NN . SENT Art NN . SENT 1521 CD Where WRB it PP has VHZ been VBN stipulated VVN that IN a DT spouse NN and CC his PP$ or CC her PP$ heirs NNS will MD have VH only RB a DT certain JJ share NN in IN the DT community NN , , such JJ as IN a DT third JJ or CC a DT fourth JJ , , the DT spouse NN thus RB limited VVN or CC his PP$ or CC her PP$ heirs NNS are VBP liable JJ for IN the DT debts NNS of IN the DT community NN only RB in IN proportion NN to TO the DT share NN which WDT they PP take VVP from IN the DT assets NNS . SENT The DT agreement NN is VBZ void JJ where WRB it PP compels VVZ the DT spouse NN thus RB limited VVN or CC his PP$ or CC her PP$ heirs NNS to TO bear VV a DT larger JJR part NN , , or CC where WRB it PP exempts VVZ them PP from IN bearing VVG a DT share NN of IN the DT debts NNS equal VVP to TO that IN which WDT they PP take VVP from IN the DT assets NNS . SENT Art NN . SENT 1522 CD and CC 1523 CD repealed VVN Art NN . SENT 1524 CD Allotment NN of IN the DT entire JJ community NN may MD be VB agreed VVN only RB for IN the DT case NN of IN survival NN , , either CC for IN the DT benefit NN of IN a DT specified JJ spouse NN , , or CC for IN the DT benefit NN of IN whoever WP survives VVZ . SENT The DT spouse NN who WP thus RB retains VVZ the DT whole NN of IN the DT community NN is VBZ obliged VVN to TO pay VV all PDT its PP$ debts NNS . SENT It PP may MD also RB be VB agreed VVN , , for IN the DT case NN of IN survival NN , , that IN one CD of IN the DT spouses NNS will MD have VH , , in IN addition NN to TO his PP$ or CC her PP$ half NN , , the DT usufruct NN of IN the DT predeceased VVN s PP share NN . SENT In IN that DT case NN , , he PP or CC she PP shall MD contribute VV to TO the DT debts NNS , , as RB to TO the DT usufruct NN , , according VVG to TO the DT rules NNS of IN Article NP 612 CD . SENT The DT provisions NNS of IN Article NP 1518 CD shall MD apply VV to TO those DT clauses NNS when WRB the DT community NN is VBZ dissolved VVN in IN the DT lifetime NN of IN the DT two CD spouses NNS . SENT Art NN . SENT 1525 CD A DT stipulation NN of IN unequal JJ shares NNS and CC a DT clause NN of IN full JJ allotment NN are VBP not RB deemed VVN a DT gift NN , , neither CC as RB to TO substance NN nor CC as RB to TO form VV , , but CC simply RB agreements NNS relating VVG to TO marriage NN and CC between IN partners NNS . SENT Unless IN otherwise RB stipulated VVD , , they PP may MD not RB prevent VV the DT heirs NNS of IN the DT predeceased VVN spouse NN to TO take VV back RB the DT contributions NNS and CC capital NN having VHG fallen VVN into IN the DT community NN in IN the DT right NN of IN their PP$ predecessor NN in IN title NN . SENT Section NP VI NP Of IN Universal NP Community NP Art NP . SENT 1526 CD Spouses NNS may MD by IN their PP$ ante NN nuptial JJ agreement NN establish VV a DT universal JJ community NN of IN their PP$ property NN , , movable JJ and CC immovable JJ , , present JJ and CC future JJ . SENT However RB , , unless IN otherwise RB stipulated VVD , , property NN which WDT Article NP 1404 CD declares VVZ separate JJ by IN its PP$ nature NN does VVZ no DT fall NN into IN that DT community NN . SENT A DT universal JJ community NN bears VVZ definitively RB all PDT the DT debts NNS of IN the DT spouses NNS , , present JJ and CC future JJ . SENT PROVISIONS NNS COMMON JJ TO TO THE DT TWO CD PARTS NNS OF IN CHAPTER NN II NP Art NP . SENT 1527 CD The NP advantages NNS which WDT either DT spouse NN may MD draw VV from IN the DT clauses NNS of IN a DT conventional JJ community NN , , as RB well RB as IN those DT which WDT may MD result VV from IN a DT mingling VVG of IN movables NNS or CC of IN debts NNS , , are VBP not RB deemed VVN gifts NNS . SENT Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD However RB , , in IN the DT case NN where WRB there EX are VBP children NNS who WP are VBP not RB born VVN of IN the DT two CD spouses NNS , , any DT agreement NN having VHG the DT consequence NN of IN donating VVG to TO one CD of IN the DT spouses NNS beyond IN the DT portion NN regulated VVN by IN Article NP 1094 CD 1 CD , , in IN the DT Title NN Of IN Gifts NNS Inter NP Vivos NP and CC of IN Wills NP is VBZ ineffective JJ as RB to TO the DT whole JJ excess NN . SENT but CC mere JJ gains NNS resulting VVG from IN common JJ business NN and CC from IN savings NNS made VVN out RP of IN the DT respective JJ although IN unequal JJ incomes NNS of IN both DT spouses NNS are VBP not RB considered VVN as IN an DT advantage NN made VVD to TO the DT prejudice NN of IN the DT children NNS of IN another DT bed NN . SENT Art NN . SENT 1528 CD to TO 1535 CD repealed VVN CHAPTER NN III NP OF IN THE DT REGIME NN OF IN SEPARATE JJ PROPERTY NN Art NN . SENT 1536 CD Where WRB spouses NNS have VHP stipulated VVD in IN their PP$ ante NN nuptial JJ agreement NN that IN their PP$ property NN will MD be VB separate JJ , , each DT of IN them PP keeps VVZ the DT administration NN , , enjoyment NN and CC free JJ disposal NN of IN his PP$ or CC her PP$ personal JJ property NN . SENT Each DT remains VVZ alone RB liable JJ for IN the DT debts NNS arising VVG in IN his PP$ or CC her PP$ self NN , , before IN or CC during IN marriage NN , , except IN in IN the DT case NN of IN Article NP 220 CD . SENT Art NN . SENT 1537 CD The NP spouses NNS shall MD contribute VV to TO the DT expenses NNS of IN the DT marriage NN in IN accordance NN with IN the DT terms NNS of IN their PP$ agreement NN . SENT and CC where WRB none NN exists VVZ in IN this DT regard NN , , in IN the DT proportion NN determined VVN by IN Article NP 214 CD . SENT Art NN . SENT 1538 CD With IN respect NN both CC to TO the DT other JJ spouse NN and CC to TO third JJ parties NNS , , a DT spouse NN may MD prove VV by IN any DT means NN that IN he PP or CC she PP has VHZ the DT exclusive JJ ownership NN of IN a DT property NN . SENT The DT presumptions NNS of IN ownership NN established VVN in IN the DT ante NN nuptial JJ agreement NN are VBP effective JJ with IN respect NN to TO third JJ parties NNS , , as RB well RB as RB in IN the DT relations NNS between IN spouses NNS , , unless IN otherwise RB agreed VVN . SENT Counter JJ proof NN is VBZ as RB of IN right NN , , and CC may MD be VB made VVN by IN any DT means VVZ appropriate JJ to TO establish VV that IN the DT property NN does VVZ not RB belong VV to TO the DT spouse NN designated VVN by IN the DT presumption NN , , or CC even RB , , where WRB it PP belongs VVZ to TO him PP or CC her PP$ , , that IN it PP was VBD acquired VVN through IN a DT gratuitous JJ transfer NN from IN the DT other JJ spouse NN . SENT Property NN on IN which WDT neither DT spouse NN may MD establish VV an DT exclusive JJ ownership NN is VBZ deemed VVN to TO belong VV to TO them PP in IN undivided JJ ownership NN , , to TO each DT by IN half NN . SENT Art NN . SENT 1539 CD Where WRB , , during IN the DT marriage NN , , one CD of IN the DT spouses NNS entrusts VVZ to TO the DT other JJ the DT administration NN of IN his PP$ personal JJ property NN , , the DT rules NNS of IN agency NN shall MD apply VV . SENT The DT agent NN spouse NN is VBZ however RB exempted VVN from IN accounting NN for IN the DT fruits NNS , , if IN the DT power NN of IN attorney NN does VVZ not RB expressly RB oblige VV him PP or CC her PP$ to TO do VV so RB . SENT Art NN . SENT 1540 CD . SENT Where WRB one CD of IN the DT spouses NNS takes VVZ the DT management NN of IN the DT other JJ s NN business NN in IN hand NN , , with IN the DT knowledge NN of IN the DT latter JJ and CC nevertheless RB without IN opposition NN on IN his PP$ or CC her PP$ part NN , , she PP or CC he PP is VBZ deemed VVN to TO have VH an DT implied JJ agency NN , , with IN authority NN to TO make VV acts NNS of IN administration NN and CC enjoyment NN , , but CC not RB acts VVZ of IN disposition NN . SENT That DT spouse NN is VBZ responsible JJ for IN his PP$ or CC her PP$ management NN to TO the DT other JJ as IN an DT agent NN . SENT However RB , , he PP or CC she PP is VBZ accountable JJ only RB for IN the DT existing JJ fruits NNS . SENT as RB regards VVZ those DT which WDT he PP has VHZ failed VVN to TO collect VV or CC fraudulently RB consumed VVN , , he PP may MD be VB sued VVN only RB within IN the DT limit NN of IN the DT last JJ five CD years NNS . SENT Where WRB one CD of IN the DT spouses NNS has VHZ interfered VVD in IN the DT management NN of IN the DT other JJ s NN property NN in IN contempt NN of IN an DT established JJ opposition NN , , he PP or CC she PP is VBZ responsible JJ for IN all PDT the DT consequences NNS of IN that DT interference NN , , and CC accountable JJ without IN limitation NN for IN all PDT the DT fruits NNS which WDT he PP or CC she PP has VHZ collected VVN , , failed VVD to TO collect VV or CC fraudulently RB consumed VVN . SENT Art NN . SENT 1541 CD One CD of IN the DT spouses NNS is VBZ not RB the DT warrantor NN of IN a DT failure NN to TO invest VV or CC reinvest VV the DT other JJ s NN property NN , , unless IN he PP or CC she PP has VHZ interfered VVD in IN operations NNS of IN alienation NN or CC collection NN or CC unless IN it PP is VBZ proved VVN that IN the DT funds NNS were VBD received VVN by IN him PP or CC her PP$ , , or CC he PP or CC she PP has VHZ profited VVN by IN them PP . SENT Art NN . SENT 1542 CD Act NP n NN 75 CD 617 CD of IN 11 CD July NP 1975 CD After IN dissolution NN of IN a DT marriage NN by IN the DT death NN of IN one CD of IN the DT spouses NNS , , the DT partition NN of IN the DT undivided JJ property NN between IN spouses NNS with IN separate JJ property NN , , as RB to TO all DT that WDT relates VVZ to TO its PP$ forms NNS , , maintenance NN of IN undivided JJ ownership NN and CC preferential JJ allotment NN , , auction NN of IN property NN , , effects NNS of IN partition NN , , warranty NN and CC balances NNS , , is VBZ subject JJ to TO all PDT the DT rules NNS which WDT are VBP established VVN in IN the DT Title NN Of IN Successions NNS for IN partitions NNS between IN co NP heirs NNS . SENT The DT same JJ rules NNS shall MD apply VV after IN divorce NN or CC judicial JJ separation NN . SENT However RB , , preferential JJ allotment NN shall MD never RB be VB as RB of IN right NN . SENT It PP may MD always RB be VB decided VVN that IN the DT whole NN of IN a DT balance NN which WDT may MD be VB owed VVN shall MD be VB payable JJ cash NN . SENT Art NN . SENT 1543 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD The NP rules NNS of IN Article NP 1479 CD shall MD apply VV to TO the DT claims NNS which WDT one NN spouse NN may MD have VH to TO enforce VV against IN the DT other JJ . SENT Art NN . SENT 1544 CD to TO 1568 CD repealed VVN CHAPTER NN IV NP OF IN THE DT REGIME NN OF IN PARTICIPATION NN IN IN ACQUISITIONS NNS Art NN . SENT 1569 CD Where WRB the DT spouses NNS have VHP declared VVN that IN they PP married VVD under IN the DT regime NN of IN participation NN in IN acquisitions NNS , , each DT of IN them PP keeps VVZ the DT administration NN , , enjoyment NN and CC free JJ disposal NN of IN his PP$ or CC her PP$ personal JJ property NN , , without IN distinguishing VVG between IN that DT which WDT belonged VVD to TO him PP or CC her PP$ on IN the DT day NN of IN the DT marriage NN or CC which WDT has VHZ come VVN to TO him PP or CC her PP$ after RB by IN succession NN or CC gratuitous JJ transfer NN and CC that IN which WDT he PP or CC she PP has VHZ acquired VVN for IN value NN during IN the DT marriage NN . SENT During IN the DT marriage NN , , that DT regime NN operates VVZ as RB if IN the DT spouses NNS were VBD married VVN under IN the DT regime NN of IN separation NN of IN property NN . SENT At IN the DT dissolution NN of IN the DT regime NN , , each DT spouse NN is VBZ entitled VVN to TO participate VV by IN halves NNS in IN value NN in IN the DT net JJ acquisitions NNS found VVN in IN the DT patrimony NN of IN the DT other JJ , , and CC estimated VVD owing VVG to TO the DT double JJ appraisal NN of IN the DT original JJ patrimony NN and CC of IN the DT final JJ patrimony NN . SENT The DT right NN to TO participate VV in IN the DT acquisitions NNS may MD not RB be VB assigned VVN as RB long RB as IN the DT matrimonial JJ regime NN is VBZ not RB dissolved VVN . SENT Where WRB dissolution NN occurs VVZ through IN the DT death NN of IN one CD spouse NN , , his PP$ or CC her PP$ heirs NNS have VHP , , on IN the DT net JJ acquisitions NNS made VVN by IN the DT other JJ , , the DT same JJ rights NNS as IN their PP$ predecessor NN in IN title NN . SENT Art NN . SENT 1570 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 RB An DT original JJ patrimony NN includes VVZ the DT property NN which WDT belonged VVD to TO the DT spouse NN on IN the DT day NN of IN the DT marriage NN and CC those DT which WDT he PP or CC she PP has VHZ acquired VVN afterwards RB by IN succession NN or CC gratuitous JJ transfer NN , , as RB well RB as IN all DT property NN which WDT , , in IN the DT regime NN of IN community NN , , constitutes VVZ separate JJ property NN by IN its PP$ nature NN without IN giving VVG rise NN to TO reimbursement NN . SENT Account NN shall MD not RB be VB taken VVN of IN the DT fruits NNS of IN that DT property NN nor CC of IN the DT parts NNS of IN that DT property NN which WDT would MD have VH been VBN in IN the DT nature NN of IN fruit NN or CC of IN which WDT the DT spouse NN has VHZ disposed VVN through IN gift NN inter VV vivos NNS during IN the DT marriage NN . SENT The DT composition NN of IN the DT original JJ patrimony NN shall MD be VB proved VVN by IN a DT descriptive JJ statement NN , , even RB under IN private JJ signature NN , , established VVN in IN the DT presence NN of IN the DT other JJ spouse NN and CC signed VVD by IN him PP or CC her PP$ . SENT Failing VVG a DT descriptive JJ statement NN , , or CC where WRB it PP is VBZ incomplete JJ , , proof NN of IN the DT composition NN of IN the DT original JJ patrimony NN may MD be VB adduced VVN only RB through IN the DT means NN of IN Article NP 1402 CD . SENT Art NN . SENT 1571 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Original JJ property NN shall MD be VB appraised VVN according VVG to TO its PP$ condition NN on IN the DT day NN of IN the DT marriage NN or CC of IN the DT acquisition NN and CC according VVG to TO its PP$ value NN on IN the DT day NN when WRB the DT matrimonial JJ regime NN is VBZ liquidated VVN . SENT Where WRB it PP has VHZ been VBN alienated VVN , , one PP shall MD retain VV its PP$ value NN on IN the DT day NN of IN the DT alienation NN . SENT Where WRB new JJ property NN has VHZ been VBN subrogated VVN to TO property NN alienated VVN , , one PP shall MD take VV into IN consideration NN the DT value NN of IN that DT new JJ property NN . SENT From IN the DT original JJ assets NNS shall MD be VB deducted VVN the DT debts NNS with IN which WDT they PP were VBD burdened VVN , , re IN evaluated VVN , , if IN there EX is VBZ occasion NN , , according VVG to TO the DT rules NNS of IN Article NP 1469 CD , , paragraph NN 3 CD . SENT Where WRB the DT liabilities NNS exceed VVP the DT assets NNS , , that DT excess NN shall MD be VB fictitiously RB united VVN to TO the DT final JJ patrimony NN . SENT Art NN . SENT 1572 CD Form NN part NN of IN the DT final JJ patrimony NN all RB the DT property NN which WDT belongs VVZ to TO a DT spouse NN on IN the DT day NN when WRB the DT matrimonial JJ regime NN is VBZ dissolved VVN , , including VVG , , where WRB appropriate JJ , , that DT of IN which WDT he PP or CC she PP may MD have VH disposed VVN of IN mortis NN causa NP and CC without IN excluding VVG the DT sums NNS of IN which WDT he PP or CC she PP may MD be VB creditor NN against IN the DT other JJ spouse NN . SENT Where WRB there EX is VBZ a DT divorce NN , , judicial JJ separation NN or CC anticipated JJ liquidation NN of IN the DT acquisitions NNS , , the DT matrimonial JJ regime NN is VBZ deemed VVN dissolved VVN on IN the DT day NN of IN the DT application NN . SENT The DT composition NN of IN the DT final JJ patrimony NN shall MD be VB proved VVN by IN a DT descriptive JJ statement NN , , even RB under IN private JJ signature NN , , which WDT a DT spouse NN or CC his PP$ or CC her PP$ heirs NNS must MD establish VV in IN the DT presence NN of IN the DT other JJ spouse NN or CC of IN his PP$ or CC her PP$ heirs NNS , , or CC they PP having VHG been VBN duly RB summoned VVN . SENT That DT statement NN shall MD be VB drawn VVN up RP within IN nine CD months NNS after IN the DT dissolution NN of IN the DT matrimonial JJ regime NN , , except IN for IN extension NN of IN time NN granted VVN by IN the DT president NN of IN the DT court NN in IN the DT form NN of IN interim JJ relief NN proceedings NNS . SENT Proof NN that IN the DT final JJ patrimony NN would MD have VH included VVN other JJ property NN may MD be VB adduced VVN by IN any DT means NNS , , even RB by IN testimony NN and CC presumptions NNS . SENT Each DT spouse NN may MD , , as RB to TO the DT property NN of IN the DT other JJ , , require VV the DT fixing VVG of IN seals NNS and CC an DT inventory NN in IN accordance NN with IN the DT rules NNS provided VVN for IN in IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 1573 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD To TO the DT existing JJ property NN shall MD be VB fictitiously RB joined VVN the DT property NN which WDT is VBZ not RB included VVN in IN the DT original JJ patrimony NN and CC of IN which WDT a DT spouse NN has VHZ disposed VVN by IN gift NN inter VV vivos NNS without IN the DT consent NN of IN the DT other JJ spouse NN , , as RB well RB as RB that IN which WDT he PP or CC she PP has VHZ fraudulently RB alienated VVN . SENT An DT alienation NN on IN condition NN of IN a DT life NN annuity NN or CC non JJ repayable JJ shall MD be VB presumed VVN to TO have VH been VBN made VVN in IN fraud NN of IN the DT spouse NN s PP rights NNS , , unless IN the DT latter NN agreed VVD . SENT Art NN . SENT 1574 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Existing JJ property NN shall MD be VB appraised VVN according VVG to TO its PP$ condition NN at IN the DT time NN of IN the DT dissolution NN of IN the DT matrimonial JJ regime NN and CC to TO its PP$ value NN on IN the DT day NN of IN the DT liquidation NN of IN the DT latter NN . SENT Property NN alienated VVN by IN gifts NNS inter VV vivos NNS , , or CC in IN fraud NN of IN the DT rights NNS of IN the DT other JJ spouse NN shall MD be VB appraised VVN according VVG to TO its PP$ condition NN on IN the DT day NN of IN the DT alienation NN and CC to TO the DT value NN which WDT it PP would MD have VH had VHN , , if IN it PP had VHD been VBN kept VVN , , on IN the DT day NN of IN the DT liquidation NN . SENT From IN the DT assets NNS thus RB replenished VVN shall MD be VB deducted VVN all PDT the DT debts NNS which WDT are VBP not RB yet RB discharged VVN , , including VVG the DT sums NNS which WDT may MD be VB owed VVN to TO the DT other JJ spouse NN . SENT The DT value NN , , on IN the DT day NN of IN alienation NN , , of IN the DT improvements NNS brought VVD about RB during IN the DT marriage NN in IN an DT original JJ property NN donated VVN by IN one CD spouse NN without IN the DT consent NN of IN the DT other JJ before IN the DT dissolution NN of IN the DT matrimonial JJ regime NN shall MD be VB added VVN to TO the DT final JJ patrimony NN . SENT Art NN . SENT 1575 CD Where WRB the DT final JJ patrimony NN of IN a DT spouse NN is VBZ less JJR than IN his PP$ or CC her PP$ original JJ patrimony NN , , the DT deficit NN is VBZ borne VVN entirely RB by IN that DT spouse NN . SENT Where WRB it PP is VBZ greater JJR , , the DT increase NN constitutes VVZ the DT net JJ acquisitions NNS and CC gives VVZ rise NN to TO participation NN . SENT Where WRB there EX are VBP net JJ acquisitions NNS on IN both DT sides NNS , , they PP shall MD first RB be VB set VVN off RP . SENT Only RB the DT excess NN shall MD be VB partitioned VVN . SENT the DT spouse NN whose WP$ gain NN is VBZ the DT lesser JJR is VBZ creditor NN with IN regard NN to TO the DT other JJ spouse NN for IN half NN of IN that DT excess NN . SENT To TO a DT claim NN for IN participation NN , , one PP shall MD add VV , , in IN order NN to TO put VV them PP under IN the DT same JJ settlement NN , , the DT sums NNS of IN which WDT a DT spouse NN may MD in IN other JJ respects NNS be VB creditor NN towards IN the DT other JJ , , for IN values NNS provided VVN during IN the DT marriage NN and CC other JJ indemnities NNS , , deduction NN being VBG made VVN , , where WRB necessary JJ , , of IN what WP that DT spouse NN may MD be VB debtor JJ towards IN the DT other JJ . SENT Art NN . SENT 1576 CD A DT claim NN for IN participation NN gives VVZ rise NN to TO payment NN in IN money NN . SENT Where WRB a DT debtor JJ spouse NN meets VVZ serious JJ difficulties NNS in IN making VVG it PP entirely RB as RB soon RB as IN the DT liquidation NN is VBZ closed VVN , , the DT judges NNS may MD grant VV him PP or CC her PP a DT time NN which WDT may MD not RB exceed VV five CD years NNS , , subject JJ to TO the DT condition NN of IN giving VVG security NN and CC paying VVG interest NN . SENT A DT claim NN for IN participation NN may MD however RB give VV rise NN to TO a DT settlement NN in IN kind NN , , either CC by IN consent NN of IN both DT spouses NNS , , or CC under IN an DT order NN of IN the DT judge NN where WRB the DT debtor JJ spouse NN proves VVZ serious JJ difficulties NNS which WDT prevent VVP him PP or CC her PP$ from IN discharging VVG it PP in IN money NN . SENT The DT settlement NN in IN kind NN provided VVN for IN in IN the DT preceding JJ paragraph NN is VBZ considered VVN as IN an DT operation NN of IN partition NN where WRB the DT property NN allotted VVD was VBD not RB included VVN in IN the DT original JJ patrimony NN or CC where WRB the DT allottee NN spouse NN shares NNS in IN the DT succession NN of IN the DT other JJ . SENT The DT liquidation NN is VBZ not RB effective JJ against IN creditors NNS of IN the DT spouses NNS . SENT they PP retain VVP the DT right NN to TO seize VV property NN allotted VVN to TO the DT spouse NN of IN their PP$ debtor NN . SENT Art NN . SENT 1577 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD A NP creditor NN spouse NN shall MD enforce VV payment NN of IN his PP$ or CC her PP$ claim NN for IN participation NN first JJ on IN existing VVG property NN and CC subsidiarily RB , , beginning VVG with IN the DT most RBS recent JJ alienations NNS , , on IN the DT property NN mentioned VVN in IN Article NP 1573 CD which WDT had VHD been VBN alienated VVN by IN gifts NNS inter VV vivos NNS or CC in IN fraud NN of IN the DT rights NNS of IN the DT other JJ spouse NN . SENT Art NN . SENT 1578 CD Upon IN dissolution NN of IN the DT matrimonial JJ regime NN , , where WRB the DT parties NNS do VVP not RB agree VV to TO proceed VV to TO liquidation NN through IN agreement NN , , one CD of IN them PP may MD apply VV to TO the DT court NN for IN having VHG it PP proceeded VVN to TO in IN court NN . SENT The DT rules NNS prescribed VVN for IN reaching VVG a DT judicial JJ partition NN of IN successions NNS and CC communities NNS shall MD apply VV to TO that DT application NN , , as RB may MD be VB thought VVN proper JJ . SENT The DT parties NNS shall MD communicate VV reciprocally RB to TO each DT other JJ and CC shall MD communicate VV to TO the DT experts NNS designated VVN by IN the DT judge NN , , all DT information NN and CC documents NNS appropriate JJ to TO the DT liquidation NN . SENT A DT claim NN for IN liquidation NN is VBZ time NN barred VVN after IN three CD years NNS from IN the DT dissolution NN of IN the DT matrimonial JJ regime NN . SENT Claims NNS lying VVG against IN third JJ parties NNS under IN Article NP 1167 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 RB are VBP time NN barred VVN after IN two CD years NNS from IN the DT close NN of IN the DT liquidation NN . SENT Art NN . SENT 1579 CD Where WRB application NN of IN the DT rules NNS of IN appraisal NN provided VVN for IN by IN Articles NNS 1571 CD and CC 1574 CD above RB would MD lead VV to TO a DT result NN obviously RB contrary JJ to TO equity NN , , the DT court NN may MD derogate VV from IN them PP on IN the DT application NN of IN one CD of IN the DT spouses NNS . SENT Art NN . SENT 1580 CD Where WRB the DT disorder NN of IN the DT affairs NNS , , misadministration NN or CC misconduct NN of IN one CD spouse NN , , give VV rise NN to TO fearing VVG that IN the DT continuance NN of IN the DT matrimonial JJ regime NN imperils VVZ the DT interest NN of IN the DT other JJ , , the DT latter NN may MD apply VV for IN the DT anticipated JJ liquidation NN of IN his PP$ or CC her PP$ claim NN for IN participation NN . SENT The DT rules NNS of IN separation NN of IN property NN shall MD apply VV to TO that DT application NN . SENT Where WRB the DT application NN is VBZ entertained VVN , , the DT spouses NNS shall MD be VB placed VVN under IN the DT system NN of IN articles NNS 1536 CD to TO 1541 CD . SENT Art NN . SENT 1581 CD When WRB stipulating VVG participation NN in IN acquisitions NNS , , the DT spouses NNS may MD adopt VV any DT term NN not RB contrary JJ to TO Articles NNS 1387 CD , , 1388 CD and CC 1389 CD . SENT They PP may MD in IN particular JJ agree VVP on IN a DT clause NN of IN unequal JJ partition NN , , or CC stipulate VV that IN the DT survivor NN of IN them PP or CC one CD of IN them PP if IN he PP or CC she PP survives VVZ , , will MD be VB entitled VVN to TO the DT whole NN of IN the DT net JJ acquisitions NNS made VVN by IN the DT other JJ . SENT It PP may MD also RB be VB agreed VVN between IN the DT spouses NNS that IN the DT one CD who WP , , at IN the DT time NN of IN the DT dissolution NN of IN the DT regime NN , , has VHZ against IN the DT other JJ a DT claim NN for IN participation NN , , may MD demand VV the DT giving NN in IN payment NN of IN certain JJ property NN of IN the DT other JJ spouse NN , , if IN he PP or CC she PP establishes VVZ an DT essential JJ interest NN in IN having VHG it PP attributed VVN to TO him PP or CC her PP$ . SENT TITLE NN VI NP OF IN SALES NP CHAPTER NN I NN OF IN THE DT NATURE NN AND CC FORM NN OF IN SALES NP Art NP . SENT 1582 CD A NP sale NN is VBZ an DT agreement NN by IN which WDT one CD person NN binds VVZ himself PP to TO deliver VV a DT thing NN , , and CC another DT to TO pay VV for IN it PP . SENT It PP may MD be VB made VVN by IN an DT authentic JJ instrument NN or CC by IN an DT instrument NN under IN private JJ signature NN . SENT Art NN . SENT 1583 CD It PP is VBZ complete JJ between IN the DT parties NNS , , and CC ownership NN is VBZ acquired VVN as RB of IN right NN by IN the DT buyer NN with IN respect NN to TO the DT seller NN , , as RB soon RB as IN the DT thing NN and CC the DT price NN have VHP been VBN agreed VVN upon RP , , although IN the DT thing NN has VHZ not RB yet RB been VBN delivered VVN or CC the DT price NN paid VVD . SENT Art NN . SENT 1584 CD A NP sale NN may MD be VB made VVN outright JJ or CC subject JJ to TO a DT condition NN either CC precedent NN or CC subsequent JJ . SENT It PP may MD also RB have VH as IN its PP$ object NN two CD or CC more JJR alternative JJ things NNS . SENT In IN all PDT these DT cases NNS , , its PP$ effect NN is VBZ regulated VVN by IN the DT general JJ principles NNS relating VVG to TO agreements NNS . SENT Art NN . SENT 1585 CD Where WRB goods NNS are VBP not RB sold VVN in IN bulk NN but CC by IN weight NN , , number NN or CC measure NN , , a DT sale NN is VBZ not RB complete JJ , , in IN that WDT the DT things NNS sold VVN are VBP at IN the DT risk NN of IN the DT seller NN until IN they PP have VHP been VBN weighed VVN , , counted VVN or CC measured VVN . SENT but CC the DT buyer NN may MD claim VV either RB the DT delivery NN or CC damages NNS , , if IN there EX is VBZ occasion NN , , in IN case NN of IN non JJ performance NN of IN the DT undertaking NN . SENT Art NN . SENT 1586 CD Where WRB , , on IN the DT contrary NN , , the DT goods NNS have VHP been VBN sold VVN in IN bulk NN , , the DT sale NN is VBZ complete JJ although IN the DT goods NNS have VHP not RB yet RB been VBN weighed VVN , , counted VVN or CC measured VVN . SENT Art NN . SENT 1587 CD With IN respect NN to TO wine NN , , oil NN and CC other JJ things NNS which WDT it PP is VBZ customary JJ to TO taste VV before IN buying VVG them PP , , there EX is VBZ no DT sale NN so RB long RB as IN the DT buyer NN has VHZ not RB tasted VVN and CC accepted VVN them PP . SENT Art NN . SENT 1588 CD A NP sale NN made VVN upon IN trial NN shall MD always RB be VB deemed VVN made VVN under IN a DT condition NN precedent NN . SENT Art NN . SENT 1589 CD A DT promise NN of IN sale NN is VBZ the DT same JJ as IN a DT sale NN , , where WRB there EX is VBZ reciprocal JJ consent NN of IN both DT parties NNS as RB to TO the DT thing NN and CC the DT price NN . SENT Act NN of IN 30 CD July NP 1930 CD Where WRB that DT promise NN relates VVZ to TO plots NNS already RB in IN lots NNS or CC to TO be VB in IN lots NNS , , its PP$ acceptance NN and CC the DT agreement NN that WDT will MD result VV therefrom RB shall MD be VB established VVN by IN the DT payment NN of IN an DT instalment NN on IN the DT price NN , , whatever WDT the DT name NN given VVN to TO that DT instalment NN may MD be VB , , and CC by IN the DT vesting VVG with IN possession NN of IN the DT plot NN . SENT The DT date NN of IN the DT agreement NN , , even RB put VVN into IN legal JJ form NN afterwards RB , , is VBZ that IN of IN the DT payment NN of IN the DT first JJ instalment NN . SENT Art NN . SENT 1589 CD 1 CD Act NP n NN 2000 CD 1208 CD of IN 13 CD Dec NP . SENT 2000 CD Is VBZ rendered VVN void NN any DT unilateral JJ undertaking NN entered VVD into IN for IN the DT purpose NN of IN acquiring VVG an DT immovable JJ property NN or CC right NN for IN which WDT a DT payment NN is VBZ required VVN or CC received VVN from IN the DT person NN who WP binds VVZ himself PP , , whatever WDT the DT cause NN and CC the DT form NN thereof RB may MD be VB . SENT Art NN . SENT 1590 CD Where WRB a DT promise NN to TO sell VV was VBD made VVN with IN an DT earnest NN , , each DT contracting NN party NN is VBZ at IN liberty NN to TO withdraw VV . SENT The DT one NN who WP has VHZ given VVN it PP , , by IN losing VVG it PP . SENT And CC the DT one NN who WP has VHZ received VVN it PP , , by IN returning VVG twice RB the DT amount NN . SENT Art NN . SENT 1591 CD The DT price NN of IN a DT sale NN must MD be VB determined VVN and CC stated VVN by IN the DT parties NNS . SENT Art NN . SENT 1592 CD It PP may MD however RB left VVN to TO the DT estimation NN of IN a DT third JJ person NN . SENT where WRB that DT person NN is VBZ unwilling JJ or CC unable JJ to TO make VV an DT estimate NN , , there EX is VBZ no DT sale NN . SENT Art NN . SENT 1593 CD The NP costs NNS of IN instruments NNS and CC other JJ accessory JJ to TO a DT sale NN shall MD be VB charged VVN to TO the DT buyer NN . SENT CHAPTER NN II NP OF IN THOSE DT WHO WP MAY MD BUY VV OR CC SELL VV Art NN . SENT 1594 RB All PDT those DT to TO whom WP legislation NN does VVZ not RB forbid VV to TO do VV so RB may MD buy VV or CC sell VV . SENT Art NN . SENT 1595 CD repealed VVN Art NN . SENT 1596 CD May MD not RB , , either CC by IN themselves PP or CC through IN intermediaries NNS , , become VVN purchasers NNS , , on IN pain NN of IN annulment NN . SENT Guardians NNS , , as RB to TO the DT property NN of IN those DT under IN their PP$ guardianship NN . SENT Agents NNS , , as RB to TO the DT property NN which WDT they PP have VHP charge NN of IN selling NN . SENT Administrators NNS , , as RB to TO that DT of IN the DT communes NNS or CC public JJ institutions NNS entrusted VVN to TO their PP$ care NN . SENT Public JJ officers NNS , , as RB to TO national JJ property NN whose WP$ sale NN is VBZ made VVN through IN their PP$ duties NNS . SENT Art NN . SENT 1597 CD Judges NNS , , repealed VVN by IN implication NN , , members NNS of IN the DT judiciary NN acting VVG as IN Government NN procurators NNS , , registrars NNS , , bailiffs NNS , , avou VVG s PP , , counsels VVZ , , advocates NNS and CC notaires NNS may MD not RB become VV assignees NNS of IN suits NNS , , contested JJ rights NNS and CC actions NNS which WDT are VBP within IN the DT jurisdiction NN of IN the DT court NN in IN the DT territory NN within IN which WDT they PP exercise VVP their PP$ duties NNS , , on IN pain NN of IN annulment NN , , and CC of IN costs NNS and CC damages NNS . SENT CHAPTER NN III NP OF IN THINGS NNS WHICH WDT MAY MD BE VB SOLD VVN Art NP . SENT 1598 CD Everything NN which WDT may MD be VB the DT subject NN of IN legal JJ transactions NNS between IN private JJ individuals NNS may MD be VB sold VVN , , where WRB special JJ statutes NNS do VVP not RB prohibit VV their PP$ alienation NN . SENT Art NN . SENT 1599 CD The DT sale NN of IN a DT thing NN belonging VVG to TO another DT is VBZ void JJ . SENT it PP may MD give VV rise VV to TO damages NNS where WRB the DT buyer NN did VVD not RB know VV that IN the DT thing NN belonged VVD to TO another DT . SENT Art NN . SENT 1600 CD repealed VVN Art NN . SENT 1601 CD Where WRB , , at IN the DT time NN of IN the DT sale NN , , the DT thing NN sold VVD has VHZ wholly RB perished VVN , , the DT sale NN is VBZ void JJ . SENT Where WRB only RB a DT part NN of IN the DT thing NN has VHZ perished VVN , , the DT buyer NN has VHZ the DT choice NN to TO waive VV the DT sale NN or CC to TO claim VV the DT part NN saved VVD , , by IN having VHG the DT price NN determined VVN proportionally RB . SENT CHAPTER NN III NP 1 CD OF IN THE DT SALES NNS OF IN BUILDINGS NNS TO TO BE VB ERECTED VVN Act NP n NN 67 CD 3 CD of IN 3 CD Jan NP . SENT 1967 CD Art NN . SENT 1601 CD 1 CD The DT sale NN of IN a DT building NN to TO be VB erected VVN is VBZ that DT by IN which WDT the DT seller NN binds VVZ himself PP to TO erect VV a DT building NN within IN a DT period NN determined VVN by IN the DT contract NN . SENT It PP may MD be VB concluded VVN for IN future JJ delivery NN or CC in IN a DT future JJ state NN of IN completion NN . SENT Art NN . SENT 1601 CD 2 CD A DT sale NN for IN future JJ delivery NN is VBZ the DT contract NN by IN which WDT the DT seller NN undertakes VVZ to TO deliver VV the DT building NN on IN its PP$ completion NN , , and CC the DT buyer NN undertakes VVZ to TO take VV delivery NN of IN it PP and CC to TO pay VV the DT price NN of IN it PP at IN the DT date NN of IN delivery NN . SENT The DT transfer NN of IN ownership NN is VBZ achieved VVN by IN operation NN of IN law NN by IN the DT acknowledgement NN of IN the DT completion NN of IN the DT building NN through IN an DT authentic JJ instrument NN . SENT it PP is VBZ effective JJ retroactively RB on IN the DT day NN of IN the DT sale NN . SENT Art NN . SENT 1601 CD 3 CD A DT sale NN in IN a DT future JJ state NN of IN completion NN is VBZ the DT contract NN by IN which WDT a DT seller NN transfers VVZ at IN once RB to TO the DT buyer NN his PP$ rights NNS in IN the DT ground NN as RB well RB as IN the DT ownership NN of IN the DT existing JJ structures NNS . SENT The DT works VVZ to TO come VV become VV the DT property NN of IN the DT buyer NN as IN they PP proceed VVP . SENT the DT buyer NN is VBZ bound VVN to TO pay VV the DT price NN of IN them PP as IN the DT work NN proceeds NNS . SENT The DT seller NN keeps VVZ the DT powers NNS of IN a DT building NN owner NN until IN approval NN of IN the DT work NN . SENT Art NN . SENT 1601 CD 4 CD An DT assignment NN by IN a DT purchaser NN of IN the DT rights NNS arising VVG from IN a DT sale NN of IN a DT building NN to TO be VB erected VVN substitutes NNS by IN operation NN of IN law NN the DT assignee NN in IN the DT obligations NNS of IN the DT buyer NN towards IN the DT seller NN . SENT Where WRB the DT sale NN was VBD united VVN with IN an DT agency NN , , the DT latter NN continues VVZ between IN the DT seller NN and CC the DT assignee NN . SENT Those DT provisions NNS shall MD apply VV to TO any DT transfer NN inter VV vivos NNS , , voluntary JJ or CC compulsory JJ , , or CC by IN reason NN of IN death NN . SENT CHAPTER NN IV NP OF IN THE DT OBLIGATIONS NNS OF IN THE DT SELLER NN Section NN I NP General NP Provisions NNS Art NN . SENT 1602 CD The DT seller NN is VBZ obliged VVN to TO explain VV clearly RB what WP he PP binds VVZ himself PP to TO . SENT Any DT obscure JJ or CC ambiguous JJ agreement NN shall MD be VB interpreted VVN against IN the DT seller NN . SENT Art NN . SENT 1603 CD He PP has VHZ two CD main JJ obligations NNS , , that IN to TO deliver VV and CC that IN to TO warrant VV the DT thing NN which WDT he PP sells VVZ . SENT Section NP II NP Of IN Delivery NN Art NN . SENT 1604 CD Delivery NN is VBZ the DT transfer NN of IN the DT thing NN sold VVN into IN the DT power NN and CC possession NN of IN the DT buyer NN . SENT Art NN . SENT 1605 CD The DT obligation NN to TO deliver VV immovables NNS is VBZ fulfilled VVN on IN the DT part NN of IN the DT seller NN where WRB he PP has VHZ handed VVN over IN the DT keys NNS , , in IN case NN of IN a DT building NN , , or CC where WRB he PP has VHZ handed VVN over IN the DT instruments NNS of IN title NN . SENT Art NN . SENT 1606 CD Delivery NN of IN movable JJ effects NNS is VBZ the DT outcome NN . SENT Either CC of IN a DT real JJ delivery NN . SENT Or CC of IN the DT handing VVG over RP of IN the DT keys NNS of IN the DT buildings NNS which WDT contain VVP them PP . SENT Or CC even RB of IN the DT sole JJ consent NN of IN the DT parties NNS , , where WRB the DT transfer NN cannot NN take VV place NN at IN the DT time NN of IN the DT sale NN , , or CC where WRB the DT buyer NN already RB had VHD them PP in IN his PP$ power NN on IN another DT basis NN . SENT Art NN . SENT 1607 CD Delivery NN of IN intangible JJ rights NNS is VBZ made VVN either RB by IN handing VVG over RP the DT instruments NNS of IN title NN , , or CC by IN the DT use NN which WDT the DT purchaser NN makes VVZ of IN them PP with IN the DT consent NN of IN the DT seller NN . SENT Art NN . SENT 1608 CD The NP expenses NNS of IN delivery NN shall MD be VB charged VVN to TO the DT seller NN , , and CC those DT of IN removal NN to TO the DT buyer NN , , unless IN otherwise RB agreed VVN . SENT Art NN . SENT 1609 CD Delivery NN shall MD be VB made VVN at IN the DT place NN where WRB the DT thing NN sold VVN was VBD at IN the DT time NN of IN the DT sale NN , , unless IN otherwise RB agreed VVN . SENT Art NN . SENT 1610 CD Where WRB the DT seller NN fails VVZ to TO make VV delivery NN within IN the DT time NN agreed VVD upon RP between IN the DT parties NNS , , the DT purchaser NN may MD , , at IN his PP$ choice NN , , apply VV for IN avoidance NN of IN the DT sale NN , , or CC for IN his PP$ being VBG vested VVN with IN possession NN , , if IN the DT delay NN results NNS only RB from IN an DT act NN of IN the DT seller NN . SENT Art NN . SENT 1611 CD In IN all DT cases NNS , , the DT seller NN shall MD be VB ordered VVN to TO pay VV damages NNS , , where WRB the DT purchaser NN has VHZ suffered VVN a DT loss NN because IN of IN the DT failure NN to TO deliver VV at IN the DT agreed VVN time NN . SENT Art NN . SENT 1612 CD The DT seller NN is VBZ not RB obliged VVN to TO deliver VV the DT thing NN where WRB the DT buyer NN does VVZ not RB pay VV the DT price NN of IN it PP unless IN the DT seller NN has VHZ granted VVN him PP time NN for IN the DT payment NN . SENT Art NN . SENT 1613 CD Nor CC is VBZ he PP obliged VVN to TO deliver VV , , even RB if IN he PP has VHZ allowed VVN time NN for IN the DT payment NN , , where WRB , , since IN the DT sale NN , , the DT buyer NN is VBZ under IN a DT judicial JJ arrangement NN or CC insolvent JJ , , so RB that IN the DT seller NN is VBZ in IN imminent JJ danger NN of IN losing VVG the DT price NN . SENT unless IN the DT buyer NN gives VVZ him PP security NN to TO pay VV at IN the DT time NN limit NN . SENT Art NN . SENT 1614 CD The DT thing NN must MD be VB delivered VVN in IN the DT condition NN in IN which WDT it PP is VBZ at IN the DT time NN of IN the DT sale NN . SENT From IN that DT day NN , , all PDT the DT fruits NNS belong VVP to TO the DT purchaser NN . SENT Art NN . SENT 1615 CD The DT obligation NN to TO deliver VV the DT thing NN includes VVZ its PP$ accessories NNS and CC all DT that WDT was VBD designed VVN for IN its PP$ perpetual JJ use NN . SENT Art NN . SENT 1616 CD The DT seller NN is VBZ obliged VVN to TO deliver VV the DT capacity NN such JJ as IN it PP is VBZ specified VVN in IN the DT contract NN , , subject JJ to TO the DT modifications NNS hereinafter RB expressed VVD . SENT Art NN . SENT 1617 CD Where WRB the DT sale NN of IN an DT immovable JJ was VBD made VVN with IN indication NN of IN the DT capacity NN , , at IN the DT rate NN of IN so RB much JJ for IN a DT measure NN , , the DT seller NN is VBZ obliged VVN to TO deliver VV to TO the DT purchaser NN , , if IN the DT latter NN so RB requires VVZ , , the DT quantity NN stated VVN in IN the DT contract NN . SENT And CC if IN he PP cannot NN do VVP so RB , , or CC if IN the DT purchaser NN does VVZ not RB so RB require VV , , the DT seller NN is VBZ obliged VVN to TO suffer VV a DT proportionate JJ reduction NN in IN price NN . SENT Art NN . SENT 1618 CD Where WRB , , on IN the DT contrary NN , , in IN the DT case NN or CC the DT preceding JJ Article NN , , the DT capacity NN is VBZ greater JJR than IN the DT one NN stated VVN in IN the DT contract NN , , the DT purchaser NN has VHZ the DT choice NN to TO provide VV the DT surplus NN of IN the DT price NN , , or CC to TO repudiate VV the DT contract NN , , if IN the DT excess NN is VBZ one CD twentieth NN above IN the DT capacity NN declared VVD . SENT Art NN . SENT 1619 CD In IN all DT other JJ cases NNS , , Whether IN the DT sale NN is VBZ made VVN of IN a DT definite JJ and CC limited JJ thing NN , , Whether IN it PP has VHZ as IN its PP$ object NN distinct JJ and CC separate JJ tenements NNS , , Whether IN it PP begins VVZ with IN the DT measure NN , , or CC by IN the DT designation NN of IN the DT property NN sold VVD followed VVN by IN the DT measure NN , , The DT expression NN of IN that DT measure NN does VVZ not RB give VV rise NN to TO any DT increase NN of IN price NN , , in IN favour NN of IN the DT seller NN for IN the DT excess NN of IN measure NN , , or CC in IN favour NN of IN the DT purchaser NN , , to TO any DT diminution NN in IN price NN for IN lesser JJR measure NN , , unless IN the DT difference NN between IN the DT actual JJ measure NN and CC the DT one NN expressed VVD in IN the DT contract NN is VBZ of IN one CD twentieth NN more JJR or CC less JJR , , with IN regard NN to TO the DT value NN of IN all PDT the DT things NNS sold VVD , , unless IN otherwise RB stipulated VVD . SENT Art NN . SENT 1620 CD In IN the DT case NN where WRB , , under IN the DT preceding JJ Article NN , , it PP is VBZ necessary JJ to TO raise VV the DT price NN for IN excess NN of IN measure NN , , the DT purchaser NN has VHZ the DT choice NN either CC to TO repudiate VV the DT contract NN or CC to TO provide VV the DT surplus NN of IN the DT price NN , , with IN interest NN if IN he PP has VHZ kept VVN the DT immovable JJ . SENT Art NN . SENT 1621 CD In IN all DT cases NNS in IN which WDT the DT purchaser NN is VBZ entitled VVN to TO repudiate VV the DT contract NN , , the DT seller NN is VBZ bound VVN to TO return VV to TO him PP , , besides IN the DT price NN , , if IN he PP has VHZ received VVN it PP , , the DT costs NNS of IN the DT contract NN . SENT Art NN . SENT 1622 CD An DT action NN for IN an DT increase NN of IN price NN , , on IN the DT part NN of IN the DT seller NN , , and CC that IN for IN a DT diminution NN in IN price NN or CC for IN termination NN of IN the DT contract NN , , on IN the DT part NN of IN the DT buyer NN , , must MD be VB brought VVN within IN the DT year NN , , after IN the DT day NN of IN the DT contract NN , , on IN pain NN of IN lapse NN . SENT Art NN . SENT 1623 CD Where WRB two CD tenements NNS have VHP been VBN sold VVN by IN the DT same JJ contract NN for IN one CD and CC the DT same JJ price NN , , with IN the DT designation NN of IN the DT measures NNS of IN each DT of IN them PP , , and CC where WRB there EX is VBZ less JJR capacity NN in IN the DT one NN , , and CC more JJR in IN the DT other JJ , , set VV off RP is VBZ made VVN up RP to TO the DT amount NN due RB . SENT and CC an DT action NN , , either CC for IN an DT increase NN , , or CC for IN a DT diminution NN in IN price NN , , takes VVZ place NN only RB in IN accordance NN with IN the DT rules NNS above IN laid VVN down RP . SENT Art NN . SENT 1624 CD The DT question NN of IN ascertaining VVG upon RP whom WP , , between IN the DT seller NN and CC the DT purchaser NN , , falls VVZ the DT loss NN or CC deterioration NN of IN the DT thing NN sold VVN before IN its PP$ delivery NN , , shall MD be VB decided VVN according VVG to TO the DT rules NNS prescribed VVN in IN the DT Title NN Of IN Contracts NNS or CC of IN Conventional JJ Obligations NNS in IN General NP . SENT Section NP III NP Of IN Warranty NN Art NN . SENT 1625 CD The DT warranty NN which WDT the DT seller NN owes VVZ to TO the DT purchaser NN has VHZ two CD objects NNS . SENT the DT first JJ is VBZ the DT peaceful JJ possession NN of IN the DT thing NN sold VVD . SENT the DT second JJ , , the DT latent JJ defects NNS of IN that DT thing NN , , or CC redhibitory JJ vices NNS . SENT 1 CD Of IN Warranty NN against IN Dispossession NN Art NN . SENT 1626 CD Although IN no DT stipulation NN as RB to TO warranty NN has VHZ been VBN made VVN at IN the DT time NN of IN the DT sale NN , , the DT seller NN is VBZ obliged VVN as RB of IN right NN to TO warrant VV the DT purchaser NN against IN a DT dispossession NN of IN the DT thing NN sold VVD which WDT he PP may MD suffer VV in IN whole JJ or CC in IN part NN , , or CC against IN encumbrances NNS alleged VVN on IN that DT thing NN , , and CC not RB declared VVD at IN the DT time NN of IN the DT sale NN . SENT Art NN . SENT 1627 CD The NP parties NNS may MD , , by IN particular JJ agreements NNS , , add VVP to TO this DT obligation NN of IN right NN or CC diminish VV its PP$ effect NN . SENT they PP may MD even RB agree VV that IN the DT seller NN may MD not RB be VB subject JJ to TO any DT warranty NN . SENT Art NN . SENT 1628 CD Although IN it PP be VB said VVN that IN the DT seller NN may MD not RB be VB subject JJ to TO any DT obligation NN , , he PP nevertheless RB remains VVZ liable JJ to TO that DT which WDT results NNS from IN an DT act NN which WDT is VBZ his PP$ own JJ . SENT any DT agreement NN to TO the DT contrary NN is VBZ void JJ . SENT Art NN . SENT 1629 CD . SENT In IN the DT same JJ case NN of IN stipulation NN of IN no DT warranty NN , , the DT seller NN , , in IN case NN of IN dispossession NN , , is VBZ bound VVN to TO return VV the DT price NN , , unless IN the DT purchaser NN knew VVD , , at IN the DT time NN of IN the DT sale NN , , of IN the DT danger NN of IN dispossession NN , , or CC unless IN he PP bought VVD at IN his PP$ own JJ risk NN . SENT Art NN . SENT 1630 CD If IN a DT warranty NN has VHZ been VBN promised VVN , , or CC if IN no DT stipulation NN was VBD made VVN in IN this DT respect NN , , where WRB the DT purchaser NN is VBZ dispossessed VVN , , he PP is VBZ entitled VVN to TO claim VV against IN the DT seller NN . SENT 1 LS The DT return NN of IN the DT price NN . SENT 2 LS That DT of IN the DT fruits NNS where WRB he PP is VBZ obliged VVN to TO return VV them PP to TO the DT owner NN who WP dispossesses VVZ him PP . SENT 3 LS The DT expenses NNS incurred VVN in IN relation NN with IN the DT warranty NN claim NN of IN the DT buyer NN , , and CC those DT incurred VVN by IN the DT original JJ plaintiff NN . SENT 4 CD Finally RB , , damages NNS , , as RB well RB as IN the DT expenses NNS and CC proper JJ costs NNS of IN the DT contract NN . SENT Art NN . SENT 1631 CD Where WRB , , at IN the DT time NN of IN dispossession NN , , the DT thing NN sold VVD has VHZ decreased VVN in IN value NN or CC has VHZ been VBN significantly RB damaged VVN , , either CC owing VVG to TO the DT negligent JJ conduct NN of IN the DT buyer NN , , or CC by IN accidents NNS of IN force NN majeure NN , , the DT seller NN nevertheless RB is VBZ bound VVN to TO return VV the DT whole JJ price NN . SENT Art NN . SENT 1632 CD But CC if IN the DT purchaser NN has VHZ derived VVN some DT profit NN from IN the DT dilapidations NNS made VVD by IN him PP , , the DT seller NN is VBZ entitled VVN to TO retain VV from IN the DT price NN a DT sum NN equal JJ to TO that DT profit NN . SENT Art NN . SENT 1633 CD Where WRB the DT thing NN sold VVD has VHZ increased VVN in IN price NN at IN the DT time NN of IN the DT dispossession NN , , even RB independently RB from IN an DT act NN of IN the DT purchaser NN , , the DT seller NN is VBZ obliged VVN to TO pay VV him PP what WP it PP is VBZ worth JJ above IN the DT price NN of IN the DT sale NN . SENT Art NN . SENT 1634 CD A NP seller NN is VBZ bound VVN to TO repay VV the DT purchaser NN or CC to TO make VV the DT person NN who WP dispossesses VVZ him PP repay VV him PP for IN all PDT the DT useful JJ repairs NNS and CC improvements NNS which WDT he PP has VHZ made VVN on IN the DT tenement NN . SENT Art NN . SENT 1635 CD Where WRB a DT seller NN has VHZ sold VVN the DT tenement NN of IN another DT in IN bad JJ faith NN , , he PP is VBZ obliged VVN to TO repay VV the DT purchaser NN for IN all PDT the DT expenses NNS , , even RB for IN luxury NN or CC pleasure NN , , which WDT the DT latter NN may MD have VH made VVN on IN the DT tenement NN . SENT Art NN . SENT 1636 CD Where WRB a DT purchaser NN is VBZ dispossessed VVN from IN only JJ part NN of IN the DT thing NN , , which WDT is VBZ of IN such JJ importance NN , , in IN proportion NN to TO the DT whole NN , , that IN the DT purchaser NN would MD not RB have VH bought VVN without IN the DT part NN of IN which WDT he PP is VBZ dispossessed VVN , , he PP may MD have VH the DT sale NN terminated VVD . SENT Art NN . SENT 1637 CD Where WRB , , in IN case NN of IN dispossession NN of IN part NN of IN a DT tenement NN sold VVD , , the DT sale NN is VBZ not RB terminated VVN , , the DT value NN of IN the DT part NN of IN which WDT the DT purchaser NN is VBZ dispossessed VVN shall MD be VB reimbursed VVN to TO him PP according VVG to TO an DT appraisal NN at IN the DT time NN of IN the DT dispossession NN , , and CC not RB in IN proportion NN to TO the DT total JJ price NN of IN the DT sale NN , , whether IN the DT thing NN sold VVD has VHZ increased VVN or CC decreased VVN in IN value NN . SENT Art NN . SENT 1638 CD Where WRB a DT property NN sold VVN is VBZ , , without IN any DT declaration NN having VHG been VBN made VVN , , encumbered VVN with IN non JJ apparent JJ servitudes NNS which WDT are VBP of IN such JJ importance NN that IN it PP is VBZ to TO be VB presumed VVN that IN the DT purchaser NN would MD not RB have VH bought VVN if IN he PP had VHD known VVN of IN them PP , , he PP may MD apply VV for IN termination NN of IN the DT contract NN , , unless IN he PP prefers VVZ to TO content VV himself PP with IN an DT indemnity NN . SENT Art NN . SENT 1639 CD The NP other JJ questions NNS to TO which WDT damages NNS resulting VVG for IN the DT purchaser NN from IN the DT non JJ performance NN of IN the DT sale NN may MD give VV rise NN shall MD be VB decided VVN in IN accordance NN with IN the DT general JJ rules NNS established VVN in IN the DT Title NN Of IN Contracts NNS and CC of IN Conventional JJ Obligations NNS in IN General NP . SENT Art NN . SENT 1640 CD . SENT A DT warranty NN against IN dispossession NN ceases VVZ where WRB the DT purchaser NN has VHZ allowed VVN a DT final JJ judgment NN , , or CC a DT judgment NN no RB longer RBR appealable JJ , , to TO be VB handed VVN down RP against IN him PP without IN joining VVG his PP$ seller NN in IN the DT proceedings NNS , , if IN the DT latter NN proves VVZ that IN there EX were VBD sufficient JJ grounds NNS to TO have VH the DT action NN dismissed VVD . SENT 2 CD Of IN Warranty NN against IN the DT Defects NNS of IN the DT Thing NN Sold VVN Art NP . SENT 1641 CD A NP seller NN is VBZ bound VVN to TO a DT warranty NN on IN account NN of IN the DT latent JJ defects NNS of IN the DT thing NN sold VVD which WDT render VV it PP unfit JJ for IN the DT use NN for IN which WDT it PP was VBD intended VVN , , or CC which WDT so RB impair VV that DT use NN that IN the DT buyer NN would MD not RB have VH acquired VVN it PP , , or CC would MD only RB have VH given VVN a DT lesser JJR price NN for IN it PP , , had VHD he PP known VVN of IN them PP . SENT Art NN . SENT 1642 CD A NP seller NN is VBZ not RB liable JJ for IN defects NNS which WDT are VBP patent JJ and CC which WDT the DT buyer NN could MD ascertain VV for IN himself PP . SENT Art NN . SENT 1642 CD 1 CD Act NP n NN 67 CD 547 CD of IN 7 CD July NP 1967 CD The DT seller NN of IN a DT building NN to TO be VB erected VVN may MD not RB be VB discharged VVN , , either CC before IN approval NN of IN the DT work NN , , or CC before IN the DT expiry NN of IN a DT period NN of IN one CD month NN after IN the DT vesting VVG of IN the DT purchaser NN into IN possession NN , , for IN defects NNS of IN construction NN then RB patent NN . SENT There EX may MD be VB no DT occasion NN for IN avoidance NN of IN the DT contract NN or CC for IN diminution NN in IN price NN where WRB the DT seller NN binds VVZ himself PP to TO repair VV the DT defect NN . SENT Art NN . SENT 1643 CD He PP is VBZ liable JJ for IN latent JJ defects NNS , , even RB though IN he PP did VVD not RB know VV of IN them PP , , unless IN he PP has VHZ stipulated VVD that IN he PP would MD not RB be VB bound VVN to TO any DT warranty NN in IN that DT case NN . SENT Art NN . SENT 1644 CD In IN the DT cases NNS of IN Articles NNS 1641 CD and CC 1643 CD , , the DT buyer NN has VHZ the DT choice NN either CC of IN returning VVG the DT thing NN and CC having VHG the DT price NN repaid VVN to TO him PP or CC of IN keeping VVG the DT thing NN and CC having VHG a DT part NN of IN the DT price NN repaid VVN to TO him PP , , as RB appraised VVN by IN experts NNS . SENT Art NN . SENT 1645 CD Where WRB the DT seller NN knew VVD of IN the DT defects NNS of IN the DT thing NN , , he PP is VBZ liable JJ , , in IN addition NN to TO restitution NN of IN the DT price NN which WDT he PP received VVD from IN him PP , , for IN all DT damages NNS towards IN the DT buyer NN . SENT Art NN . SENT 1646 CD Where WRB the DT seller NN did VVD not RB know VV of IN the DT defects NNS of IN the DT thing NN , , he PP is VBZ only RB liable JJ for IN restitution NN of IN the DT price NN and CC for IN reimbursing VVG the DT buyer NN for IN the DT costs NNS occasioned VVN by IN the DT sale NN . SENT Art NN . SENT 1646 CD 1 CD Act NP n NN 78 CD 12 CD of IN 4 CD Jan NP . SENT 1978 CD The DT seller NN of IN a DT building NN to TO be VB erected VVN is VBZ liable JJ , , from IN the DT approval NN of IN the DT work NN , , for IN the DT obligations NNS for IN which WDT the DT architects NNS , , contractors NNS and CC other JJ persons NNS bound VVN towards IN the DT building NN owner NN by IN a DT contract NN of IN hiring VVG of IN industry NN and CC services NNS are VBP themselves PP liable JJ under IN Articles NNS 1792 CD , , 1792 CD 1 CD , , 1792 CD 2 CD and CC 1792 CD 3 CD of IN this DT Code NP . SENT Those DT warranties NNS benefit VVP the DT successive JJ owners NNS of IN the DT building NN . SENT There EX may MD be VB no DT occasion NN for IN avoidance NN of IN the DT sale NN or CC diminution NN in IN price NN where WRB the DT seller NN binds VVZ himself PP to TO repair VV the DT damages NNS specified VVN in IN Articles NNS 1792 CD , , 1792 CD 1 CD and CC 1792 CD 2 CD of IN this DT Code NP and CC to TO take VV upon IN himself PP the DT warranty NN provided VVD for IN in IN Article NP 1792 CD 3 CD . SENT Art NN . SENT 1647 CD Where WRB the DT thing NN which WDT had VHD defects NNS perishes VVZ because IN of IN its PP$ bad JJ quality NN , , the DT loss NN falls VVZ upon IN the DT seller NN who WP is VBZ liable JJ to TO the DT buyer NN for IN restitution NN of IN the DT price NN and CC other JJ compensations NNS explained VVD in IN the DT two CD preceding JJ Articles NNS Articles NNS 1645 CD and CC 1646 CD . SENT But CC a DT loss NN occasioned VVN by IN a DT fortuitous JJ event NN falls VVZ upon IN the DT buyer NN . SENT Art NN . SENT 1648 CD The DT action NN resulting VVG from IN redhibitory JJ vices NNS must MD be VB brought VVN by IN the DT buyer NN within IN a DT short JJ time NN , , according VVG to TO the DT nature NN of IN the DT redhibitory JJ vices NNS and CC the DT usage NN of IN the DT place NN where WRB the DT sale NN was VBD made VVN . SENT Act NP n NN 67 CD 547 CD of IN 7 CD July NP 1967 CD In IN the DT case NN provided VVD for IN in IN Article NP 1642 CD 1 CD , , the DT action NN must MD be VB brought VVN , , under IN pain NN of IN being VBG time NN barred VVN , , within IN the DT year NN following VVG the DT date NN on IN which WDT the DT seller NN may MD be VB discharged VVN from IN patent NN defects NNS . SENT Art NN . SENT 1649 CD It PP does VVZ nor CC take VV place NN with IN regard NN to TO sales NNS made VVN by IN order NN of IN the DT court NN . SENT CHAPTER NN V NN OF IN THE DT OBLIGATIONS NNS OF IN THE DT BUYER NN Art NN . SENT 1650 RB The DT main JJ obligation NN of IN the DT buyer NN is VBZ to TO pay VV the DT price NN on IN the DT day NN and CC at IN the DT place NN fixed VVN by IN the DT sale NN . SENT Art NN . SENT 1651 CD Where WRB nothing NN has VHZ been VBN fixed VVN in IN this DT regard NN at IN the DT time NN of IN the DT sale NN , , the DT buyer NN must MD pay VV at IN the DT place NN and CC at IN the DT time NN where WRB and CC when WRB delivery NN is VBZ to TO be VB made VVN . SENT Art NN . SENT 1652 CD The DT buyer NN owes VVZ interest NN on IN the DT price NN of IN the DT sale NN up RB to TO the DT time NN of IN the DT payment NN , , in IN the DT three CD following VVG cases NNS . SENT Where WRB it PP has VHZ been VBN so RB agreed VVN at IN the DT time NN of IN the DT sale NN . SENT Where WRB the DT thing NN sold VVD and CC delivered VVD produces VVZ fruits NNS or CC other JJ incomes NNS . SENT Where WRB the DT buyer NN is VBZ under IN notice NN to TO pay VV . SENT In IN that DT last JJ case NN , , interest NN runs VVZ only RB from IN the DT notice NN . SENT Art NN . SENT 1653 CD Where WRB the DT buyer NN is VBZ disturbed VVN or CC rightly RB fears VVZ that IN he PP will MD be VB disturbed VVN by IN an DT action NN , , either CC for IN a DT mortgage NN or CC for IN recovery NN of IN property NN , , he PP may MD suspend VV the DT payment NN of IN the DT price NN until IN the DT seller NN has VHZ caused VVN the DT disturbance NN to TO cease VV , , unless IN the DT latter NN prefers VVZ to TO give VV security NN , , or CC unless IN it PP was VBD stipulated VVD that IN the DT buyer NN will MD pay VV notwithstanding IN a DT disturbance NN . SENT Art NN . SENT 1654 CD Where WRB the DT buyer NN does VVZ not RB pay VV the DT price NN , , the DT seller NN may MD apply VV for IN avoidance NN of IN the DT sale NN . SENT Art NN . SENT 1655 CD The DT avoidance NN of IN a DT sale NN of IN immovables NNS shall MD be VB ordered VVN at IN once RB where WRB the DT seller NN is VBZ in IN danger NN of IN losing VVG the DT thing NN and CC the DT price NN . SENT Where WRB that DT danger NN does VVZ not RB exist VV , , the DT judge NN may MD grant VV the DT purchaser NN a DT period NN more RBR or CC less RBR long RB according VVG to TO the DT circumstances NNS . SENT Where WRB that DT period NN expires VVZ without IN the DT buyer NN having VHG paid VVN , , the DT avoidance NN of IN the DT sale NN shall MD be VB ordered VVN . SENT Art NN . SENT 1656 CD Where WRB it PP has VHZ been VBN stipulated VVN at IN the DT time NN of IN the DT sale NN of IN immovables NNS that WDT , , failing VVG payment NN within IN the DT period NN agreed VVD upon RP , , the DT sale NN will MD be VB avoided VVN by IN operation NN of IN law NN , , the DT purchaser NN may MD nevertheless RB pay VV after IN the DT expiry NN of IN the DT period NN , , so RB long RB as IN he PP is VBZ not RB given VVN notice NN by IN a DT demand NN for IN payment NN . SENT but CC , , after IN that DT demand NN , , the DT judge NN may MD not RB grant VV him PP any DT period NN . SENT Art NN . SENT 1657 CD In IN matters NNS of IN sale NN of IN commodities NNS and CC movable JJ effects NNS , , the DT avoidance NN of IN the DT sale NN takes VVZ place NN by IN operation NN of IN law NN , , and CC without IN any DT demand NN , , for IN the DT benefit NN of IN the DT seller NN , , after IN the DT expiry NN of IN the DT period NN agreed VVD upon RP for IN the DT removal NN . SENT CHAPTER NN VI NP OF IN AVOIDANCE NN AND CC RESCISSION NN OF IN SALES NP Art NP . SENT 1658 CD Independently RB of IN the DT grounds NNS for IN annulment NN or CC avoidance NN already RB explained VVD in IN this DT Title NN , , and CC of IN those DT which WDT are VBP common JJ to TO all DT agreements NNS , , a DT contract NN of IN sale NN may MD be VB avoided VVN through IN the DT exercise NN of IN a DT power NN of IN redemption NN and CC on IN account NN of IN the DT cheapness NN of IN the DT price NN . SENT Section NP I NP Of IN Power NP of IN Redemption NN Art NN . SENT 1659 CD A DT power NN of IN redemption NN or CC repurchase NN is VBZ an DT agreement NN by IN which WDT the DT seller NN reserves VVZ to TO himself PP the DT taking VVG back NN of IN the DT thing NN sold VVD , , through IN restitution NN of IN the DT purchase NN price NN , , and CC the DT reimbursement NN which WDT Article NP 1673 CD deals NNS with IN . SENT Art NN . SENT 1660 CD A DT power NN of IN redemption NN may MD not RB be VB stipulated VVD for IN a DT time NN exceeding VVG five CD years NNS . SENT Where WRB it PP has VHZ been VBN stipulated VVN for IN a DT longer JJR time NN , , it PP shall MD be VB reduced VVN to TO that DT time NN . SENT Art NN . SENT 1661 CD The DT time NN fixed VVN is VBZ of IN the DT essence NN and CC may MD not RB be VB extended VVN by IN the DT judge NN . SENT Art NN . SENT 1662 CD Where WRB the DT seller NN has VHZ not RB exercised VVN his PP$ power NN of IN redemption NN within IN the DT time NN fixed VVN , , the DT purchaser NN remains VVZ the DT irrevocable JJ owner NN . SENT Art NN . SENT 1663 CD The DT time NN runs VVZ against IN all DT persons NNS , , even RB against IN a DT minor JJ , , subject JJ to TO a DT remedy NN against IN those DT whom WP it PP may MD concern VV , , if IN there EX is VBZ occasion NN . SENT Art NN . SENT 1664 CD The DT seller NN under IN a DT clause NN of IN redemption NN may MD exercise VV his PP$ power NN against IN a DT second JJ purchaser NN , , even RB when WRB the DT power NN of IN redemption NN has VHZ not RB been VBN declared VVN in IN the DT second JJ contract NN . SENT Art NN . SENT 1665 CD The DT purchaser NN under IN a DT clause NN of IN redemption NN exercises VVZ all PDT the DT rights NNS of IN his PP$ seller NN . SENT he PP may MD acquire VV ownership NN by IN prescription NN both CC against IN the DT true JJ owner NN and CC against IN those DT who WP claim VVP rights NNS or CC mortgages NNS on IN the DT thing NN sold VVD . SENT Art NN . SENT 1666 CD He PP may MD oppose VV the DT benefit NN of IN seizure NN and CC sale NN against IN the DT creditors NNS of IN his PP$ seller NN . SENT Art NN . SENT 1667 CD Where WRB the DT purchaser NN under IN a DT clause NN of IN redemption NN of IN an DT undivided JJ part NN of IN a DT property NN becomes VVZ the DT successful JJ bidder NN for IN the DT whole NN in IN an DT auction NN sale NN induced VVN against IN him PP , , he PP may MD compel VV the DT seller NN to TO take VV back RB the DT whole NN when WRB the DT latter NN wishes VVZ to TO make VV use NN of IN the DT clause NN . SENT Art NN . SENT 1668 CD Where WRB several JJ persons NNS have VHP jointly RB sold VVN , , and CC by IN a DT same JJ contract NN , , a DT common JJ property NN , , each DT may MD exercise VV the DT power NN of IN redemption NN only RB for IN the DT share NN which WDT he PP had VHD in IN it PP . SENT Art NN . SENT 1669 CD It PP shall MD be VB the DT same JJ where WRB the DT person NN who WP has VHZ sold VVN a DT property NN alone RB has VHZ left VVN several JJ heirs NNS . SENT Each DT one NN of IN these DT co NP heirs NNS may MD make VV use NN of IN the DT power NN of IN redemption NN only RB for IN the DT share NN he PP takes VVZ in IN the DT succession NN . SENT Art NN . SENT 1670 CD But CC , , in IN the DT case NN of IN the DT two CD preceding JJ Articles NNS , , the DT purchaser NN may MD demand VV that IN all PDT the DT co NP sellers NNS or CC all PDT the DT co NP heirs NNS be VB joined VVN in IN the DT proceedings NNS in IN order NN to TO agree VV between IN them PP as RB to TO the DT redemption NN of IN the DT whole JJ property NN . SENT and CC where WRB they PP do VVP not RB agree VV , , their PP$ action NN shall MD be VB dismissed VVN . SENT Art NN . SENT 1671 CD Where WRB the DT sale NN of IN a DT property NN belonging VVG to TO several JJ persons NNS has VHZ not RB been VBN jointly RB made VVN and CC of IN the DT whole JJ property NN together RB , , and CC where WRB each DT has VHZ only RB sold VVN the DT share NN which WDT he PP had VHD therein RB , , they PP may MD exercise VV separately RB the DT power NN of IN redemption NN on IN the DT portion NN which WDT belonged VVD to TO them PP . SENT And CC the DT purchaser NN may MD not RB compel VV the DT one NN who WP enforces VVZ it PP in IN that DT way NN to TO redeem VV the DT whole NN . SENT Art NN . SENT 1672 CD Where WRB the DT purchaser NN has VHZ left VVN several JJ heirs NNS , , the DT power NN of IN redemption NN may MD be VB exercised VVN against IN each DT of IN them PP only RB for IN his PP$ share NN , , in IN the DT case NN where WRB it PP is VBZ still RB undivided JJ , , and CC in RB that IN where WRB the DT thing NN sold VVD has VHZ been VBN partitioned VVN between IN them PP . SENT But CC , , where WRB a DT partition NN of IN the DT succession NN has VHZ taken VVN place NN , , and CC the DT property NN sold VVD has VHZ fallen VVN to TO the DT share NN of IN one CD of IN them PP , , the DT power NN of IN redemption NN may MD be VB exercised VVN against IN him PP for IN the DT whole NN . SENT Art NN . SENT 1673 CD A NP seller NN who WP makes VVZ use NN of IN a DT clause NN of IN redemption NN shall MD reimburse VV not RB only RB the DT purchase NN price NN , , but CC also RB the DT expenses NNS and CC fair JJ costs NNS of IN the DT sale NN , , the DT necessary JJ repairs NNS and CC those DT which WDT have VHP increased VVN the DT value NN of IN the DT tenement NN , , up RB to TO the DT amount NN of IN that DT increase NN . SENT He PP may MD be VB vested VVN into IN possession NN only RB after IN having VHG discharged VVN all PDT those DT obligations NNS . SENT Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD Where WRB the DT seller NN comes VVZ into IN his PP$ property NN again RB through IN the DT effect NN of IN a DT clause NN of IN redemption NN , , he PP retakes VVZ it PP free JJ of IN all DT encumbrances NNS and CC mortgages NNS with IN which WDT the DT purchaser NN may MD have VH burdened VVN it PP , , provided VVN that IN the DT clause NN has VHZ been VBN duly RB registered VVN at IN the DT land NN registry NN , , before IN the DT registration NN of IN the DT said VVN encumbrances NNS and CC mortgages NNS . SENT He PP is VBZ bound VVN to TO carry VV out RP the DT leases NNS made VVN without IN fraud NN by IN the DT purchaser NN . SENT Section NP II NP Of IN Rescission NN of IN Sales NNS because IN of IN Loss NN Art NN . SENT 1674 CD Where WRB a DT seller NN has VHZ suffered VVN a DT loss NN greater JJR than IN seven CD twelfths NNS of IN the DT price NN of IN an DT immovable JJ , , he PP is VBZ entitled VVN to TO apply VV for IN the DT rescission NN of IN the DT sale NN , , even RB though IN he PP may MD have VH expressly RB renounced VVD in IN the DT contract NN the DT faculty NN of IN applying VVG for IN that DT rescission NN and CC have VHP declared VVN to TO donate VV the DT surplus NN . SENT Art NN . SENT 1675 CD In IN order NN to TO ascertain VV whether IN there EX has VHZ been VBN a DT loss NN of IN the DT seven CD twelfths NNS , , the DT immovable JJ must MD be VB appraised VVN according VVG to TO its PP$ condition NN and CC its PP$ value NN at IN the DT time NN of IN the DT sale NN . SENT Act NN of IN 28 CD Nov NP . SENT 1949 CD In IN the DT case NN of IN a DT unilateral JJ promise NN of IN sale NN , , the DT loss NN is VBZ appraised VVN on IN the DT day NN of IN its PP$ execution NN . SENT Art NN . SENT 1676 CD The DT claim NN is VBZ no DT longer RBR admissible JJ after IN the DT expiry NN of IN two CD years NNS , , after IN the DT day NN of IN the DT sale NN . SENT That DT time NN runs VVZ against IN married JJ women NNS , , repealed VVN by IN implication NN , , and CC against IN absentees NNS , , adults NNS in IN guardianship NN and CC minors NNS coming VVG in IN the DT right NN of IN an DT adult NN who WP has VHZ sold VVN . SENT That DT time NN also RB runs VVZ and CC is VBZ not RB suspended VVN during IN the DT period NN stipulated VVD for IN a DT clause NN of IN redemption NN . SENT Art NN . SENT 1677 CD Proof NN of IN loss NN may MD be VB allowed VVN only RB through IN judgment NN , , and CC in IN the DT case NN only RB where WRB the DT facts NNS alleged VVN are VBP probable JJ and CC serious JJ enough RB to TO induce VV a DT presumption NN of IN loss NN . SENT Art NN . SENT 1678 CD That IN proof NN may MD be VB adduced VVN only RB through IN a DT report NN drawn VVN by IN three CD experts NNS who WP are VBP obliged VVN to TO make VV a DT single JJ joint JJ memorandum NN , , and CC to TO give VV but CC a DT single JJ opinion NN by IN a DT plurality NN of IN votes NNS . SENT Art NN . SENT 1679 CD Where WRB there EX are VBP different JJ opinions NNS , , the DT memorandum NN shall MD contain VV the DT reasons NNS thereof RB , , but CC it PP shall MD not RB be VB allowed VVN to TO disclose VV the DT opinion NN of IN each DT expert NN . SENT Art NN . SENT 1680 RB The DT three CD experts NNS shall MD be VB appointed VVN by IN the DT court NN , , unless IN the DT parties NNS have VHP agreed VVN to TO appoint VV all DT three CD jointly RB . SENT Art NN . SENT 1681 CD In IN the DT case NN where WRB the DT action NN for IN rescission NN is VBZ entertained VVN , , the DT purchaser NN has VHZ the DT choice NN , , either CC to TO return VV the DT thing NN while IN taking VVG back RB the DT price NN which WDT he PP paid VVD for IN it PP , , or CC to TO keep VV the DT tenement NN while IN paying VVG the DT balance NN of IN the DT fair JJ price NN , , after IN deducting VVG one CD tenth NN of IN the DT total JJ price NN . SENT A DT third JJ party NN in IN possession NN has VHZ the DT same JJ right NN , , save VV his PP$ warranty NN against IN his PP$ seller NN . SENT Art NN . SENT 1682 CD Where WRB the DT purchaser NN prefers VVZ to TO keep VV the DT thing NN by IN paying VVG the DT balance NN specified VVN by IN the DT preceding JJ Article NN , , he PP owes VVZ the DT interest NN of IN that DT balance NN , , from IN the DT day NN of IN the DT claim NN for IN rescission NN . SENT Where WRB he PP prefers VVZ to TO return VV it PP and CC to TO take VV back RB the DT price NN , , he PP shall MD return VV the DT fruits NNS from IN the DT day NN of IN the DT claim NN . SENT Interest NN on IN the DT price NN which WDT he PP has VHZ paid VVN is VBZ also RB counted VVN for IN him PP from IN the DT day NN of IN the DT same JJ claim NN , , or CC from IN the DT day NN of IN payment NN , , where WRB he PP has VHZ not RB collected VVN any DT fruits NNS . SENT Art NN . SENT 1683 CD Rescission NN for IN loss NN does VVZ not RB take VV place NN in IN favour NN of IN the DT buyer NN . SENT Art NN . SENT 1684 CD It PP does VVZ not RB take VV place NN in IN any DT sale NN which WDT , , according VVG to TO law NN , , may MD only RB be VB made VVN by IN order NN of IN the DT court NN . SENT Art NN . SENT 1685 CD The NP rules NNS explained VVD in IN the DT preceding JJ Section NN for IN cases NNS in IN which WDT several JJ persons NNS have VHP sold VVN jointly RB or CC separately RB , , and CC for IN the DT one NN in IN which WDT the DT purchaser NN has VHZ left VVN several JJ heirs NNS , , shall MD likewise RB be VB complied VVN with IN when WRB bringing VVG an DT action NN for IN rescission NN . SENT CHAPTER NN VII NP OF IN AUCTION NN Art NN . SENT 1686 CD Where WRB a DT thing NN common JJ to TO several JJ persons NNS cannot NN be VB partitioned VVN conveniently RB and CC without IN loss NN . SENT Or CC where WRB , , in IN a DT partition NN of IN property NN in IN common JJ made VVN amicably RB , , there EX is VBZ any DT property NN which WDT none NN of IN the DT coparceners NNS can MD or CC wishes VVZ to TO take VV , , A DT sale NN thereof RB shall MD be VB made VVN by IN auction NN and CC the DT proceeds NNS shall MD be VB distributed VVN between IN the DT co NP owners NNS . SENT Art NN . SENT 1687 RB Each DT co NP owner NN is VBZ at IN liberty NN to TO request VV that DT outsiders NNS be VB given VVN notice NN of IN the DT sale NN . SENT they PP shall MD necessarily RB be VB given VVN notice NN where WRB one CD of IN the DT co NP owners NNS is VBZ a DT minor JJ . SENT Art NN . SENT 1688 CD The DT method NN and CC formalities NNS to TO be VB complied VVN with IN for IN an DT auction NN are VBP explained VVN in IN the DT Title NN Of IN Successions NNS and CC in IN the DT Code NP of IN Civil NP Procedure NN . SENT CHAPTER NN VIII NP OF IN ASSIGNMENT NN OF IN CLAIMS NNS AND CC OF IN OTHER JJ INCORPOREAL JJ RIGHTS NNS Art NN . SENT 1689 CD In IN case NN of IN assignment NN of IN a DT claim NN , , or CC of IN a DT right NN or CC of IN an DT action NN against IN a DT third JJ party NN , , delivery NN takes VVZ place NN between IN the DT assignor NN and CC the DT assignee NN by IN handing VVG over RP the DT instrument NN of IN title NN . SENT Art NN . SENT 1690 CD An DT assignee NN is VBZ vested VVN with IN regard NN to TO third JJ parties NNS only RB by IN notice NN of IN the DT assignment NN served VVN upon IN the DT debtor NN . SENT Nevertheless RB , , the DT assignee NN may MD likewise RB be VB vested VVN by IN acceptance NN of IN the DT assignment NN given VVN by IN the DT debtor NN in IN an DT authentic JJ act NN . SENT Art NN . SENT 1691 CD Where WRB , , before IN the DT debtor NN has VHZ been VBN given VVN notice NN by IN the DT assignor NN or CC the DT assignee NN , , the DT debtor NN has VHZ paid VVN the DT assignor NN , , he PP is VBZ lawfully RB discharged VVN . SENT Art NN . SENT 1692 CD The DT sale NN or CC assignment NN of IN a DT claim NN includes VVZ the DT accessories NNS of IN the DT claim NN , , such JJ as IN security NN , , prior JJ charges NNS and CC mortgages NNS . SENT Art NN . SENT 1693 CD A NP person NN who WP sells VVZ a DT claim NN or CC any DT other JJ incorporeal JJ right NN must MD warrant VV its PP$ existence NN at IN the DT time NN of IN the DT assignment NN , , even RB though IN it PP is VBZ made VVN without IN warranty NN . SENT Art NN . SENT 1694 CD He PP is VBZ responsible JJ for IN the DT solvency NN of IN the DT debtor NN only RB where WRB he PP has VHZ bound VVN himself PP thereto RB , , and CC only RB up RB to TO the DT amount NN of IN the DT price NN which WDT he PP has VHZ received VVN for IN the DT claim NN . SENT Art NN . SENT 1695 CD Where WRB he PP has VHZ promised VVN the DT solvency NN of IN the DT debtor NN , , that DT promise NN only RB relates VVZ to TO the DT present JJ solvency NN , , and CC does VVZ not RB extend VV to TO the DT future NN , , unless IN the DT assignor NN has VHZ expressly RB so RB stipulated VVD . SENT Art NN . SENT 1696 CD A NP person NN who WP sells VVZ an DT inheritance NN without IN specifying VVG its PP$ contents NNS in IN detail NN , , is VBZ bound VVN to TO warrant VV only RB his PP$ capacity NN as IN heir NN . SENT Art NN . SENT 1697 CD If IN he PP had VHD already RB benefited VVN by IN fruits NNS of IN some DT tenement NN or CC received VVD the DT amount NN of IN some DT claim NN belonging VVG to TO that DT inheritance NN , , or CC sold VVD some DT effects NNS of IN the DT succession NN , , he PP is VBZ bound VVN to TO reimburse VV the DT purchaser NN therefor RB , , unless IN he PP has VHZ expressly RB reserved VVN them PP at IN the DT time NN of IN the DT sale NN . SENT Art NN . SENT 1698 CD The DT purchaser NN must MD on IN his PP$ part NN reimburse VV the DT seller NN for IN what WP the DT latter NN has VHZ paid VVN for IN the DT debts NNS and CC charges NNS of IN the DT succession NN , , and CC recompense VV him PP for IN everything NN for IN which WDT he PP was VBD creditor NN , , unless IN otherwise RB stipulated VVD . SENT Art NN . SENT 1699 CD A DT person NN against IN whom WP a DT litigious JJ right NN has VHZ been VBN assigned VVN may MD have VH himself PP released VVN by IN the DT assignee NN by IN reimbursing VVG him PP for IN the DT actual JJ price NN of IN the DT assignment NN with IN the DT expenses NNS and CC fair JJ costs NNS , , and CC with IN interest NN from IN the DT day NN when WRB the DT assignee NN has VHZ paid VVN the DT price NN of IN the DT assignment NN made VVD to TO him PP . SENT Art NN . SENT 1700 CD A NP matter NN is VBZ deemed VVN litigious JJ as RB soon RB as IN there EX is VBZ a DT case NN and CC controversy NN as RB to TO the DT merits NNS of IN the DT right NN . SENT Art NN . SENT 1701 CD The DT provision NN laid VVD down RP in IN Article NP 1699 CD shall MD not RB apply VV . SENT 1 CD In IN the DT case NN where WRB the DT assignment NN has VHZ been VBN made VVN to TO a DT co NP heir NN or CC co NP owner NN of IN the DT right RB assigned VVN . SENT 2 CD Where WRB it PP has VHZ been VBN made VVN to TO a DT creditor NN in IN payment NN of IN what WP is VBZ due JJ to TO him PP . SENT 3 CD Where WRB it PP has VHZ been VBN made VVN to TO the DT possessor NN of IN the DT property NN to TO which WDT the DT litigious JJ right NN relates VVZ . SENT TITLE NN VII NP OF IN EXCHANGES NNS Art NN . SENT 1702 CD An DT exchange NN is VBZ a DT contract NN by IN which WDT the DT parties NNS give VVP to TO each DT other JJ one CD thing NN for IN another DT . SENT Art NN . SENT 1703 CD An DT exchange NN is VBZ the DT outcome NN of IN the DT sole JJ consent NN of IN the DT parties NNS , , in IN the DT same JJ manner NN as IN a DT sale NN . SENT Art NN . SENT 1704 CD Where WRB one CD of IN the DT exchangers NNS has VHZ already RB received VVN the DT thing NN given VVN to TO him PP in IN exchange NN and CC he PP proves VVZ afterwards RB that IN the DT other JJ contracting NN party NN is VBZ not RB the DT owner NN of IN that DT thing NN , , he PP may MD not RB be VB compelled VVN to TO deliver VV the DT thing NN that IN he PP has VHZ promised VVN in IN mutual JJ exchange NN , , but CC only RB to TO return VV the DT thing NN which WDT he PP has VHZ received VVN . SENT Art NN . SENT 1705 CD The DT exchanger NN who WP is VBZ dispossessed VVN of IN the DT thing NN which WDT he PP has VHZ received VVN in IN exchange NN has VHZ the DT choice NN between IN claiming VVG damages NNS or CC claiming VVG back RB his PP$ thing NN . SENT Art NN . SENT 1706 CD Rescission NN on IN account NN of IN loss NN does VVZ not RB take VV place NN in IN contracts NNS of IN exchange NN . SENT Art NN . SENT 1707 RB All PDT the DT other JJ rules NNS laid VVN down RP for IN contracts NNS of IN sale NN shall MD apply VV to TO exchanges NNS as RB to TO other JJ issues NNS . SENT TITLE NN VIII NP OF IN HIRING VVG CHAPTER NN I PP GENERAL NP PROVISIONS NNS Art NN . SENT 1708 RB There EX are VBP two CD kinds NNS of IN contracts NNS of IN hiring VVG . SENT One CD for IN things NNS , , And CC one CD for IN work NN . SENT Art NN . SENT 1709 CD The DT hiring NN of IN things NNS is VBZ a DT contract NN by IN which WDT one CD of IN the DT parties NNS binds VVZ himself PP to TO have VH the DT other JJ enjoy VVP a DT thing NN during IN a DT certain JJ time NN , , and CC at IN a DT charge NN of IN a DT certain JJ price NN which WDT the DT latter NN binds VVZ himself PP to TO pay VV him PP . SENT Art NN . SENT 1710 CD The DT hiring NN of IN work NN is VBZ a DT contract NN by IN which WDT one CD of IN the DT parties NNS binds VVZ himself PP to TO do VV something NN for IN the DT other JJ , , at IN a DT charge NN of IN a DT price NN agreed VVD between IN them PP . SENT Art NN . SENT 1711 RB These DT two CD modes NNS of IN hiring VVG are VBP further RBR subdivided VVN into IN several JJ particular JJ kinds NNS . SENT The DT hiring NN of IN houses NNS and CC movables NNS is VBZ called VVN a DT lease NN for IN rent NN . SENT That IN of IN rural JJ property NN , , an DT agricultural JJ lease NN . SENT That IN of IN work NN or CC of IN service NN , , a DT hire NN . SENT That IN of IN animals NNS of IN which WDT the DT profits NNS are VBP divided VVN between IN the DT owner NN and CC the DT one NN to TO whom WP he PP entrusts VVZ them PP , , a DT livestock NN lease NN . SENT Estimates NNS , , contracts NNS or CC fixed JJ bargains NNS , , for IN the DT undertaking NN of IN a DT work NN at IN a DT charge NN of IN a DT determined VVN price NN , , are VBP also RB hiring VVG , , where WRB the DT material NN is VBZ provided VVN by IN the DT one NN for IN whom WP the DT work NN is VBZ done VVN . SENT These DT last JJ three CD kinds NNS have VHP special JJ rules NNS . SENT Art NN . SENT 1712 CD Leases NNS of IN national JJ property NN , , of IN the DT property NN of IN communes NNS and CC public JJ institutions NNS are VBP subject JJ to TO special JJ rules NNS . SENT CHAPTER NN II NP OF IN THE DT RENTAL NN OF IN THINGS NNS Art NN . SENT 1713 CD One CD may MD rent VV all DT kinds NNS of IN property NN , , movables NNS and CC immovables NNS . SENT Section NN I NN Of IN the DT Rules NNS Common JJ to TO Leases NNS of IN Houses NNS and CC of IN Rural NP Property NP Art NP . SENT 1714 CD Ord NP . SENT of IN 17 CD Oct NP . SENT 1945 CD . SENT Act NP n NN 46 CD 682 CD of IN 13 CD April NP 1946 CD One CD may MD lease VV either RB in IN writing VVG or CC verbally RB , , except IN , , as RB regards VVZ rural JJ property NN , , for IN the DT application NN of IN the DT rules NNS particular JJ to TO agricultural JJ leases NNS and CC sharecropping VVG . SENT Art NN . SENT 1715 CD Where WRB a DT lease NN made VVN without IN any DT writing NN has VHZ not RB yet RB been VBN carried VVN out RP , , and CC one CD of IN the DT parties NNS denies VVZ it PP , , proof NN may MD not RB be VB adduced VVN through IN witnesses NNS , , however RB moderate JJ the DT price NN may MD be VB , , and CC although IN it PP is VBZ alleged VVN that IN a DT deposit NN was VBD paid VVN . SENT Oath NN may MD be VB tendered VVN only RB to TO the DT one NN who WP denies VVZ the DT lease NN . SENT Art NN . SENT 1716 CD Where WRB there EX is VBZ a DT controversy NN as RB to TO the DT price NN of IN a DT verbal JJ lease NN which WDT is VBZ being VBG carried VVN out RP , , and CC there EX is VBZ no DT receipt NN , , the DT owner NN shall MD be VB believed VVN upon IN his PP$ oath NN , , unless IN the DT tenant NN prefers VVZ to TO apply VV for IN an DT appraisal NN by IN experts NNS . SENT in IN which WDT case NN , , the DT costs NNS of IN the DT appraisement NN shall MD be VB charged VVN to TO him PP , , if IN the DT appraisal NN exceeds VVZ the DT price NN which WDT he PP has VHZ declared VVN . SENT Art NN . SENT 1717 CD A NP lessee NN has VHZ the DT right NN to TO sublet VV or CC even RB to TO assign VV his PP$ lease NN to TO another DT person NN , , unless IN that DT faculty NN has VHZ been VBN forbidden VVN to TO him PP . SENT It PP may MD be VB forbidden VVN wholly RB or CC in IN part NN . SENT Such PDT a DT clause NN is VBZ always RB strict JJ . SENT Art NN . SENT 1718 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD The NP provisions NNS of IN Article NP 595 CD , , paragraphs VVZ 2 CD and CC 3 CD , , relating VVG to TO leases NNS made VVN by IN usufructuaries NNS shall MD apply VV to TO leases NNS made VVN by IN a DT guardian NN without IN authorization NN of IN the DT family NN council NN . SENT Art NN . SENT 1719 CD A NP lessor NN is VBZ bound VVN , , by IN the DT nature NN of IN the DT contract NN , , and CC without IN need NN of IN any DT particular JJ stipulation NN . SENT 1 LS To TO deliver VV the DT thing NN leased VVN to TO the DT lessee NN and CC , , where WRB the DT main JJ dwelling NN of IN the DT latter NN is VBZ concerned VVN , , a DT decent JJ lodging NN Act NP n NN 2000 CD 1208 CD of IN 13 CD Dec NP . SENT 2000 CD . SENT 2 CD To TO maintain VV that DT thing NN in IN order NN so IN that WDT it PP can MD serve VV the DT use NN for IN which WDT it PP has VHZ been VBN let VVN . SENT 3 LS To TO secure VV to TO the DT lessee NN a DT peaceful JJ enjoyment NN for IN the DT duration NN of IN the DT lease NN . SENT 4 CD Act NP n NN 46 CD 682 CD of IN 13 CD April NP 1946 CD To TO secure VV also RB the DT permanence NN and CC quality NN of IN plantings NNS . SENT Art NN . SENT 1720 CD A NP lessor NN is VBZ bound VVN to TO deliver VV the DT thing NN in IN good JJ repair NN of IN whatever WDT character NN . SENT He PP must MD , , during IN the DT term NN of IN the DT lease NN , , make VV all PDT the DT repairs NNS which WDT may MD become VV necessary JJ , , other JJ than IN those DT incumbent JJ upon IN lessees NNS . SENT Art NN . SENT 1721 CD A NP warranty NN is VBZ due JJ to TO the DT tenant NN for IN all DT vices NNS or CC defects NNS of IN the DT thing NN leased VVD which WDT prevent VV use NN of IN it PP , , although IN the DT lessor NN did VVD not RB know VV of IN them PP at IN the DT time NN of IN the DT lease NN . SENT Where WRB any DT loss NN results NNS to TO the DT lessee NN from IN those DT vices NNS or CC defects NNS , , the DT lessor NN is VBZ obliged VVN to TO indemnify VV him PP . SENT Art NN . SENT 1722 CD Where WRB , , during IN the DT term NN of IN the DT lease NN , , the DT thing NN leased VVN is VBZ wholly RB destroyed VVN by IN a DT fortuitous JJ event NN , , the DT lease NN is VBZ terminated VVN by IN operation NN of IN law NN . SENT where WRB it PP is VBZ destroyed VVN only RB in IN part NN , , the DT lessee NN may MD , , according VVG to TO the DT circumstances NNS , , apply VV either RB for IN a DT reduction NN in IN price NN , , or CC even RB for IN termination NN of IN the DT lease NN . SENT In IN either DT case NN , , no DT compensation NN is VBZ owed VVN . SENT Art NN . SENT 1723 CD A NP lessor NN may MD not RB , , during IN the DT term NN of IN the DT lease NN , , change VV the DT form NN of IN the DT thing NN leased VVD . SENT Art NN . SENT 1724 CD Where WRB , , during IN the DT lease NN , , the DT thing NN leased VVD needs VVZ urgent JJ repairs NNS which WDT cannot NN be VB postponed VVN until IN its PP$ end NN , , the DT lessee NN must MD bear VV them PP , , whatever WDT inconvenience NN they PP cause VVP him PP and CC although IN he PP is VBZ deprived VVN of IN a DT part NN of IN the DT thing NN leased VVN while IN they PP are VBP being VBG made VVN . SENT But CC where WRB those DT repairs NNS last JJ more JJR than IN forty NN days NNS , , the DT rent NN shall MD be VB reduced VVN in IN proportion NN to TO the DT time NN and CC to TO the DT part NN of IN the DT thing NN leased VVN of IN which WDT he PP has VHZ been VBN deprived VVN . SENT Where WRB the DT repairs NNS are VBP of IN such PDT a DT nature NN that IN they PP render NN uninhabitable JJ what WP is VBZ required VVN for IN the DT lodging NN of IN the DT lessee NN and CC his PP$ family NN , , he PP may MD have VH the DT lease NN terminated VVD . SENT Art NN . SENT 1725 CD . SENT A DT lessor NN is VBZ not RB bound VVN to TO warrant VV the DT lessee NN against IN disturbance NN which WDT third JJ persons NNS cause VVP to TO his PP$ enjoyment NN by IN assault NN , , without IN claiming VVG in IN other JJ respects NNS any DT right NN to TO the DT thing NN leased VVD . SENT but CC the DT lessee NN may MD proceed VV against IN them PP in IN his PP$ own JJ name NN . SENT Art NN . SENT 1726 CD Where WRB , , on IN the DT contrary NN , , the DT tenant NN or CC the DT farmer NN have VHP been VBN disturbed VVN in IN their PP$ enjoyment NN in IN consequence NN of IN an DT action NN relating VVG to TO the DT ownership NN of IN the DT tenement NN , , they PP are VBP entitled VVN to TO a DT proportionate JJ reduction NN of IN the DT rent NN of IN the DT lease NN or CC agricultural JJ lease NN , , provided VVN that IN a DT notice NN of IN the DT disturbance NN and CC of IN the DT impediment NN has VHZ been VBN served VVN upon IN the DT owner NN . SENT Art NN . SENT 1727 CD Where WRB those DT who WP have VHP committed VVN assault NN claim VVP to TO have VH some DT right NN to TO the DT property NN leased VVN , , or CC where WRB the DT lessee NN himself PP is VBZ summoned VVN in IN court NN to TO be VB ordered VVN to TO relinquish VV all DT or CC part NN of IN that DT thing NN , , or CC to TO suffer VV the DT exercise NN of IN some DT servitude NN , , he PP must MD have VH the DT lessor NN made VVD a DT party NN to TO warranty NN proceedings NNS and CC shall MD be VB left VVN out RP of IN the DT action NN , , if IN he PP so RB demands VVZ , , by IN naming VVG the DT lessor NN on IN whose WP$ behalf NN he PP possesses VVZ . SENT Art NN . SENT 1728 CD A NP lessee NN is VBZ bound VVN to TO two CD main JJ obligations NNS . SENT 1 LS To TO make VV use NN of IN the DT thing NN leased VVN as IN a DT prudent JJ administrator NN and CC according VVG to TO the DT purposes NNS intended VVN by IN the DT lease NN , , or CC according VVG to TO those DT presumed VVN under IN the DT circumstances NNS , , failing VVG an DT agreement NN . SENT 2 LS To TO pay VV the DT rent NN at IN the DT agreed VVN times NNS . SENT Art NN . SENT 1729 CD Where WRB the DT lessee NN uses VVZ the DT thing NN leased VVN for IN another DT use NN than IN the DT one NN for IN which WDT it PP was VBD intended VVN , , or CC from IN which WDT damage NN may MD result VV to TO the DT lessor NN , , the DT latter NN may MD , , according VVG to TO the DT circumstances NNS , , have VHP the DT lease NN terminated VVD . SENT Art NN . SENT 1730 CD Where WRB an DT inventory NN of IN fixtures NNS has VHZ been VBN made VVN between IN the DT lessor NN and CC the DT lessee NN , , the DT latter NN must MD return VV the DT thing NN such JJ as IN he PP received VVD it PP , , according VVG to TO that DT inventory NN , , except IN for IN what WP has VHZ perished VVN or CC has VHZ been VBN deteriorated VVN through IN decay NN or CC force NN majeure NN . SENT Art NN . SENT 1731 CD Where WRB no DT inventory NN has VHZ been VBN made VVN , , the DT lessee NN is VBZ presumed VVN to TO have VH received VVN the DT premises NNS in IN a DT good JJ state NN of IN repairs NNS incumbent JJ upon IN lessees NNS , , and CC must MD return VV them PP in IN the DT same JJ state NN , , except IN for IN proof NN to TO the DT contrary NN . SENT Art NN . SENT 1732 CD He PP is VBZ answerable JJ for IN the DT deteriorations NNS or CC losses NNS occurring VVG during IN his PP$ enjoyment NN , , unless IN he PP proves VVZ that IN they PP took VVD place NN without IN his PP$ fault NN . SENT Art NN . SENT 1733 CD He PP is VBZ answerable JJ for IN fire NN , , unless IN he PP proves VVZ . SENT That IN the DT fire NN happened VVD by IN a DT fortuitous JJ event NN or CC force NN majeure NN , , or CC by IN a DT defect NN of IN construction NN , , or CC That IN the DT fire NN was VBD communicated VVN through IN a DT neighbouring VVG house NN . SENT Art NN . SENT 1734 CD Act NP of IN 5 CD Jan NP . SENT 1883 CD Where WRB there EX are VBP several JJ tenants NNS , , they PP are VBP all RB liable JJ for IN a DT fire NN in IN proportion NN to TO the DT rental JJ value NN of IN the DT part NN of IN the DT building NN which WDT they PP occupy VV . SENT Unless IN they PP prove VVP that IN the DT fire NN has VHZ originated VVN in IN the DT dwelling NN of IN one CD of IN them PP , , in IN which WDT case NN , , that WDT one PP alone RB is VBZ liable JJ . SENT or CC Unless IN some DT of IN them PP prove VVP that IN the DT fire NN could MD not RB have VH started VVN with IN them PP , , in IN which WDT case NN those DT ones NNS are VBP not RB liable JJ . SENT Art NN . SENT 1735 CD A NP lessee NN is VBZ responsible JJ for IN the DT deteriorations NNS and CC losses NNS which WDT occur VVP through IN the DT act NN of IN persons NNS of IN his PP$ house NN or CC of IN his PP$ sub NN tenants NNS . SENT Art NN . SENT 1736 CD Where WRB a DT lease NN was VBD made VVN without IN writing NN , , one CD of IN the DT parties NNS may MD give VV the DT other JJ notice NN to TO quit VV only RB by IN observing VVG the DT period NN fixed VVN by IN the DT usage NN of IN the DT place NN . SENT Art NN . SENT 1737 CD A NP lease NN ceases VVZ by IN operation NN of IN law NN at IN the DT expiry NN of IN the DT term NN fixed JJ , , where WRB it PP has VHZ been VBN made VVN in IN writing NN , , without IN it PP being VBG necessary JJ to TO give VV notice NN to TO quit VV . SENT Art NN . SENT 1738 CD Where WRB , , at IN the DT expiry NN of IN written JJ leases NNS , , the DT lessee NN remains VVZ and CC is VBZ left VVN in IN possession NN , , a DT new JJ lease NN takes VVZ place NN , , whose WP$ effect NN is VBZ regulated VVN by IN the DT Article NN relating VVG to TO leases NNS made VVN without IN writing VVG . SENT Art NN . SENT 1739 CD Where WRB a DT notice NN to TO quit VV has VHZ been VBN served VVN , , the DT lessee NN , , although IN he PP has VHZ continued VVN his PP$ enjoyment NN , , may MD not RB invoke VV a DT tacit JJ renewal NN . SENT Art NN . SENT 1740 CD In IN the DT case NN of IN the DT two CD preceding JJ Articles NNS , , a DT security NN given VVN for IN a DT lease NN does VVZ not RB extend VV to TO the DT obligations NNS resulting VVG from IN an DT extension NN . SENT Art NN . SENT 1741 CD A DT contract NN of IN lease NN is VBZ terminated VVN by IN the DT loss NN of IN the DT thing NN leased VVN and CC by IN the DT respective JJ failure NN of IN the DT lessor NN and CC the DT lessee NN to TO perform VV their PP$ undertakings NNS . SENT Art NN . SENT 1742 CD A DT contract NN of IN lease NN is VBZ not RB terminated VVN by IN the DT death NN of IN the DT lessor NN or CC by IN that DT of IN the DT lessee NN . SENT Art NN . SENT 1743 CD Ord NP . SENT n NN 45 CD 2380 CD of IN 17 CD Oct NP . SENT 1945 CD . SENT Act NP n NN 46 CD 682 CD of IN 13 CD April NP 1946 CD Where WRB a DT lessor NN sells VVZ a DT thing NN leased VVD , , the DT purchaser NN may MD not RB evict VV the DT agricultural JJ tenant NN , , sharecropper NN or CC tenant NN who WP has VHZ an DT authentic JJ lease NN or CC one CD whose WP$ date NN is VBZ undisputable JJ . SENT He PP may MD , , however RB , , evict VV a DT tenant NN of IN non JJ rural JJ property NN where WRB he PP has VHZ reserved VVN that DT right NN by IN the DT contract NN of IN lease NN . SENT Art NN . SENT 1744 CD Ord NP . SENT n NN 45 CD 2380 CD of IN 17 CD Oct NP . SENT 1945 CD Where WRB it PP was VBD agreed VVN at IN the DT time NN of IN the DT lease NN that IN in IN case NN of IN sale NN , , the DT purchaser NN would MD be VB allowed VVN to TO evict VV the DT lessee NN and CC no DT stipulation NN was VBD made VVN as RB to TO damages NNS , , the DT lessor NN is VBZ bound VVN to TO indemnify VV the DT tenant NN in IN the DT following VVG manner NN . SENT Art NN . SENT 1745 CD In IN case NN of IN a DT house NN , , apartment NN or CC shop NN , , the DT lessor NN shall MD pay VV to TO the DT evicted VVN tenant NN , , as IN damages NNS , , a DT sum NN equal JJ to TO the DT price NN of IN the DT rent NN during IN the DT time NN which WDT , , according VVG to TO the DT usage NN of IN the DT place NN , , is VBZ allowed VVN between IN the DT notice NN to TO quit VV and CC the DT departure NN . SENT Art NN . SENT 1746 CD In IN case NN of IN rural JJ property NN , , the DT indemnity NN which WDT the DT lessor NN must MD pay VV shall MD be VB one CD third NN of IN the DT price NN of IN the DT lease NN for IN the DT whole JJ time NN which WDT remains VVZ to TO run VV . SENT Art NN . SENT 1747 CD Where WRB manufactures VVZ , , factories NNS or CC other JJ establishments NNS which WDT require VVP large JJ advances NNS are VBP concerned VVN , , the DT indemnity NN shall MD be VB fixed VVN by IN experts NNS . SENT Art NN . SENT 1748 CD Ord NP . SENT n NN 45 CD 2380 CD of IN 17 CD Oct NP . SENT 1945 CD A NP purchaser NN who WP wishes VVZ to TO make VV use NN of IN the DT faculty NN reserved VVN by IN the DT lease NN to TO evict VV a DT tenant NN in IN case NN of IN sale NN is VBZ also RB bound VVN to TO inform VV him PP within IN the DT period NN customary JJ in IN the DT place NN for IN notices NNS to TO quit VV . SENT Art NN . SENT 1749 CD Ord NP . SENT n NN 45 CD 2380 CD of IN 17 CD Oct NP . SENT 1945 CD Tenants NNS may MD not RB be VB evicted VVN unless IN the DT damages NNS explained VVD above RB have VH been VBN paid VVN to TO them PP by IN the DT lessor NN or CC , , in IN his PP$ default NN , , by IN the DT new JJ purchaser NN . SENT Art NN . SENT 1750 CD Where WRB a DT lease NN is VBZ not RB made VVN by IN authentic JJ instrument NN or CC has VHZ not RB an DT undisputable JJ date NN , , the DT purchaser NN is VBZ not RB liable JJ for IN any DT damages NNS . SENT Art NN . SENT 1751 CD Act NP n NN 62 CD 902 CD of IN 4 CD Aug NN . SENT 1962 CD The DT right NN to TO a DT lease NN of IN premises NNS , , without IN professional JJ or CC commercial JJ character NN , , which WDT is VBZ actually RB used VVN for IN the DT dwelling NN of IN two CD spouses NNS and CC even RB where WRB the DT lease NN was VBD concluded VVN before IN the DT marriage NN , , is VBZ , , whatever WDT their PP$ matrimonial JJ regime NN may MD be VB and CC notwithstanding RB any DT agreement NN to TO the DT contrary NN , , considered VVN to TO belong VV to TO both DT spouses NNS . SENT In IN case NN of IN divorce NN or CC judicial JJ separation NN , , that WDT right RB may MD be VB allotted VVN by IN the DT court NN seized VVN of IN the DT application NN for IN divorce NN or CC judicial JJ separation NN , , on IN account NN of IN the DT social JJ and CC family NN interests NNS concerned VVN , , to TO one CD of IN the DT spouses NNS , , subject JJ to TO the DT rights NNS to TO reimbursement NN or CC indemnity NN for IN the DT benefit NN of IN the DT other JJ spouse NN . SENT Act NP n NN 2001 CD 1135 CD of IN 3 CD Dec NP . SENT 2001 CD In IN case NN of IN death NN of IN one CD of IN the DT spouses NNS , , the DT surviving VVG spouse NN co NP lessee NN has VHZ an DT exclusive JJ right NN on IN it PP , , except IN where WRB he PP or CC she PP expressly RB renounces VVZ it PP . SENT Section NP II NP Of IN the DT Special JJ Rules NNS for IN Leases NNS of IN Houses NNS Art NN . SENT 1752 CD A NP tenant NN which WDT does VVZ not RB garnish VV the DT house NN with IN sufficient JJ furniture NN may MD be VB evicted VVN , , unless IN he PP gives VVZ sufficient JJ security NN to TO answer VV for IN the DT rent NN . SENT Art NN . SENT 1753 CD A NP sub NN tenant NN is VBZ liable JJ to TO the DT owner NN only RB up RB to TO the DT amount NN of IN the DT price NN of IN his PP$ sub NN lease NN which WDT he PP may MD owe VV at IN the DT time NN of IN the DT seizure NN , , without IN his PP$ being VBG allowed VVN to TO set VV off RP payments NNS made VVN in IN advance NN . SENT Payments NNS made VVN by IN a DT sub NN tenant NN either CC under IN a DT stipulation NN contained VVN in IN his PP$ lease NN , , or CC as IN a DT consequence NN of IN the DT usage NN of IN the DT place NN , , are VBP not RB deemed VVN to TO be VB made VVN in IN advance NN . SENT Art NN . SENT 1754 CD Repairs NNS incumbent JJ upon IN the DT tenant NN or CC those DT of IN routine JJ maintenance NN for IN which WDT a DT tenant NN is VBZ responsible JJ , , unless IN otherwise RB stipulated VVD , , are VBP those DT which WDT are VBP considered VVN as IN such JJ by IN the DT usage NN of IN the DT place NN and CC , , among IN others NNS , , the DT repairs NNS to TO be VB made VVN . SENT To TO fireplaces NNS , , back RB plates NNS , , mantelpieces NNS and CC mantelshelves NNS . SENT To TO the DT plastering NN of IN the DT bottom NN of IN walls NNS of IN flats NNS and CC other JJ places NNS of IN dwelling NN , , to TO the DT height NN of IN one CD metre NN . SENT To TO pavements NNS and CC tiles NNS of IN rooms NNS , , where WRB only RB a DT few JJ are VBP broken VVN . SENT To TO panes NNS of IN glass NN , , unless IN they PP are VBP broken VVN by IN hail NN , , or CC other JJ accidents NNS , , extraordinary JJ and CC by IN force NN majeure NN , , for IN which WDT a DT tenant NN may MD not RB be VB made VVN responsible JJ . SENT To TO doors NNS , , windows NNS , , boards NNS for IN partitioning VVG or CC closing VVG shops NNS , , hinges NNS , , bolts NNS and CC locks NNS . SENT Art NN . SENT 1755 CD None NN of IN the DT repairs NNS deemed VVN as IN incumbent JJ upon IN a DT tenant NN may MD be VB charged VVN to TO tenants NNS , , where WRB they PP are VBP occasioned VVN only RB through IN decay NN or CC force NN majeure NN . SENT Art NN . SENT 1756 CD The DT cleaning NN of IN wells NNS and CC that IN of IN cesspools NNS are VBP charged VVN to TO the DT lessor NN , , unless IN there EX is VBZ a DT clause NN to TO the DT contrary NN . SENT Art NN . SENT 1757 CD A DT lease NN of IN furniture NN supplied VVN to TO garnish VV a DT whole JJ house NN , , a DT whole JJ main JJ building NN , , a DT shop NN , , or CC all DT others NNS flats NNS , , is VBZ deemed VVN made VVN for IN the DT usual JJ duration NN of IN leases NNS of IN houses NNS , , main JJ buildings NNS , , shops NNS or CC other JJ flats NNS , , according VVG to TO the DT usage NN of IN the DT place NN . SENT Art NN . SENT 1758 CD A DT lease NN of IN a DT furnished JJ apartment NN is VBZ deemed VVN made VVN by IN the DT year NN where WRB it PP has VHZ been VBN made VVN for IN so RB much RB a DT year NN . SENT By IN the DT month NN , , where WRB it PP has VHZ been VBN made VVN for IN so RB much RB a DT month NN . SENT By IN the DT day NN , , where WRB it PP has VHZ been VBN made VVN for IN so RB much RB a DT day NN . SENT Where WRB nothing NN shows VVZ that IN the DT lease NN was VBD made VVN for IN so RB much RB a DT year NN , , a DT month NN or CC a DT day NN , , the DT tenancy NN is VBZ deemed VVN made VVD according VVG to TO the DT usage NN of IN the DT place NN . SENT Art NN . SENT 1759 CD Where WRB the DT tenant NN of IN a DT house NN or CC a DT flat JJ continues VVZ his PP$ enjoyment NN after IN the DT expiry NN of IN the DT lease NN in IN writing NN , , without IN objection NN on IN the DT part NN of IN the DT lessor NN , , he PP shall MD be VB deemed VVN to TO occupy VV them PP under IN the DT same JJ conditions NNS , , for IN the DT term NN fixed VVN by IN the DT usage NN of IN the DT place NN , , and CC he PP may MD not RB leave VV nor CC be VB evicted VVN except IN after IN a DT notice NN to TO quit VV served VVN according VVG to TO the DT usage NN of IN the DT place NN . SENT Art NN . SENT 1760 CD In IN case NN of IN termination NN owing VVG to TO the DT fault NN of IN the DT lessee NN , , the DT latter NN is VBZ bound VVN to TO pay VV the DT price NN of IN the DT rent NN during IN the DT time NN necessary JJ for IN re NN renting VVG , , without IN prejudice NN to TO damages NNS which WDT may MD have VH resulted VVN from IN the DT abuse NN . SENT Art NN . SENT 1761 CD A NP lessor NN may MD not RB terminate VV the DT tenancy NN , , although IN he PP declares VVZ that IN he PP wishes VVZ to TO occupy VV himself PP the DT house NN leased VVD , , unless IN there EX is VBZ a DT stipulation NN to TO the DT contrary NN . SENT Art NN . SENT 1762 CD Where WRB it PP was VBD agreed VVN , , in IN the DT contract NN of IN lease NN , , that IN the DT lessor NN may MD come VV and CC occupy VV the DT house NN , , he PP is VBZ bound VVN to TO give VV notice NN to TO quit VV in IN advance NN , , at IN the DT times NNS fixed VVN by IN the DT usage NN of IN the DT place NN . SENT Section NP III NP Of IN the DT Special JJ Rules NNS for IN Agricultural NP Leases NNS Art NN . SENT 1763 CD repealed VVN Art NN . SENT 1764 CD In IN case NN of IN breach NN , , the DT owner NN is VBZ entitled VVN to TO re NN enter VV into IN enjoyment NN and CC the DT lessee NN shall MD be VB ordered VVN to TO pay VV the DT damages NNS resulting VVG from IN the DT non JJ performance NN of IN the DT lease NN . SENT Art NN . SENT 1765 CD Where WRB , , in IN an DT agricultural JJ lease NN , , tenements NNS are VBP given VVN a DT lesser JJR or CC greater JJR capacity NN than IN the DT one NN they PP really RB have VHP , , there EX is VBZ occasion NN for IN an DT increase NN or CC a DT decrease NN in IN price NN for IN the DT farmer NN only RB in IN the DT cases NNS and CC under IN the DT conditions NNS expressed VVN in IN the DT Title NN Of IN Sales NNS . SENT Art NN . SENT 1766 CD Where WRB the DT lessee NN of IN a DT rural JJ property NN does VVZ not RB furnish VV it PP with IN cattle NNS and CC implements VVZ necessary JJ for IN its PP$ farming NN , , where WRB he PP abandons VVZ cultivating VVG , , where WRB he PP does VVZ not RB cultivate VV as IN a DT prudent JJ owner NN , , where WRB he PP makes VVZ of IN the DT thing NN leased VVD a DT use NN other JJ than IN that DT for IN which WDT it PP was VBD intended VVN , , or CC , , in IN general NN , , where WRB he PP does VVZ not RB comply VV with IN the DT terms NNS of IN the DT lease NN and CC the DT lessor NN suffers VVZ a DT loss NN thereby RB , , the DT lessor NN may MD , , according VVG to TO the DT circumstances NNS , , have VHP the DT lease NN terminated VVD . SENT In IN case NN of IN termination NN owing VVG to TO an DT act NN of IN the DT lessee NN , , he PP is VBZ liable JJ for IN damages NNS , , as RB is VBZ stated VVN in IN Article NP 1764 CD . SENT Art NN . SENT 1767 RB Any DT lesser JJR of IN rural JJ property NN is VBZ bound VVN to TO store VV the DT crops NNS in IN the DT place NN provided VVN for IN that DT purpose NN according VVG to TO the DT lease NN . SENT Art NN . SENT 1768 CD A DT lessee NN of IN rural JJ property NN is VBZ bound VVN to TO give VV notice NN to TO the DT owner NN of IN all DT encroachments NNS which WDT may MD be VB committed VVN against IN the DT tenements NNS , , on IN pain NN of IN all DT costs NNS and CC damages NNS . SENT That DT notice NN must MD be VB given VVN within IN the DT same JJ period NN as IN that DT fixed VVN for IN the DT case NN of IN an DT originating VVG claim NN according VVG to TO the DT distance NN between IN places NNS . SENT Art NN . SENT 1769 CD Where WRB the DT lease NN is VBZ made VVN for IN several JJ years NNS , , and CC , , during IN the DT term NN of IN lease NN , , the DT whole NN or CC half NN of IN a DT crop NN at IN least JJS is VBZ carried VVN off RP by IN fortuitous JJ events NNS , , the DT farmer NN may MD ask VV for IN a DT rebate NN of IN the DT price NN of IN the DT lease NN , , unless IN he PP is VBZ compensated VVN by IN the DT preceding JJ crops NNS . SENT Where WRB he PP is VBZ not RB compensated VVN , , the DT appraisal NN of IN the DT rebate NN may MD take VV place NN only RB at IN the DT end NN of IN the DT lease NN , , at IN which WDT time NN , , a DT set NN off RB shall MD be VB made VVN of IN all PDT the DT years NNS of IN enjoyment NN . SENT And CC nevertheless RB the DT judge NN may MD temporarily RB exempt VV the DT lessee NN from IN paying VVG a DT part NN of IN the DT price NN by IN reason NN of IN the DT loss NN suffered VVD . SENT Art NN . SENT 1770 CD Where WRB a DT lease NN is VBZ only RB for IN one CD year NN , , and CC the DT loss NN is VBZ of IN the DT whole NN or CC at IN least JJS of IN half PDT the DT fruits NNS , , the DT lessee NN is VBZ discharged VVN from IN a DT proportionate JJ part NN of IN the DT price NN of IN the DT rent NN . SENT He PP may MD not RB claim VV any DT rebate NN where WRB the DT loss NN is VBZ of IN less JJR than IN one CD half NN . SENT Art NN . SENT 1771 CD A NP farmer NN may MD not RB obtain VV any DT rebate NN where WRB the DT loss NN of IN the DT fruits NNS occurs VVZ after IN they PP have VHP been VBN separated VVN from IN the DT ground NN , , unless IN the DT lease NN gives VVZ the DT owner NN a DT share NN of IN the DT crop NN in IN kind NN . SENT in IN which WDT case NN , , the DT owner NN must MD bear VV his PP$ share NN of IN the DT loss NN , , provided VVD the DT lessee NN was VBD not RB under IN notice NN to TO deliver VV his PP$ share NN of IN the DT crop NN to TO him PP . SENT Neither CC may MD a DT farmer NN ask VV for IN a DT rebate NN , , where WRB the DT cause NN of IN the DT damage NN existed VVD and CC was VBD known VVN at IN the DT time NN when WRB the DT lease NN was VBD made VVN . SENT Art NN . SENT 1772 CD A NP lessee NN may MD be VB made VVN responsible JJ for IN fortuitous JJ events NNS by IN an DT express JJ stipulation NN . SENT Art NN . SENT 1773 CD That IN stipulation NN shall MD only RB apply VV to TO ordinary JJ fortuitous JJ events NNS , , such JJ as IN hail NN , , lightning NN , , frost NN or CC failure NN of IN the DT crop NN . SENT It PP may MD not RB extend VV to TO extraordinary JJ fortuitous JJ events NNS , , such JJ as IN the DT ravages NNS of IN war NN , , or CC a DT flood NN , , to TO which WDT the DT country NN is VBZ not RB ordinarily RB subject JJ , , unless IN the DT lessee NN has VHZ been VBN made VVN responsible JJ for IN all PDT the DT fortuitous JJ events NNS , , foreseen VVN or CC unforeseen JJ . SENT Art NN . SENT 1774 RB An DT unwritten JJ lease NN of IN a DT rural JJ tenement NN , , is VBZ deemed VVN made VVN for IN the DT time NN which WDT is VBZ necessary JJ in IN order NN that IN the DT lessee NN collects VVZ all PDT the DT fruits NNS of IN the DT property NN farmed VVD . SENT Thus RB an DT agricultural JJ lease NN of IN a DT field NN , , of IN a DT vineyard NN , , and CC of IN any DT other JJ tenement NN whose WP$ fruits NNS are VBP collected VVN in IN whole NN during IN the DT course NN of IN a DT year NN , , is VBZ deemed VVN made VVN for IN one CD year NN . SENT A DT lease NN of IN arable JJ lands NNS , , where WRB they PP are VBP divided VVN by IN break NN or CC season NN , , is VBZ deemed VVN made VVN for IN as IN many JJ years NNS as IN there EX are VBP breaks NNS . SENT Art NN . SENT 1775 CD Act NP of IN 15 CD July NP 1942 CD A DT lease NN of IN rural JJ properties NNS , , although IN unwritten JJ , , ceases VVZ at IN the DT expiry NN of IN the DT time NN specified VVN by IN the DT preceding JJ Article NN only RB through IN the DT effect NN of IN a DT written VVN notice NN to TO quit VV given VVN by IN one CD of IN the DT parties NNS to TO the DT other JJ , , six CD months NNS at IN least JJS before IN that DT time NN . SENT Failing VVG a DT notice NN to TO quit VV given VVN in IN the DT time NN above IN specified VVN , , a DT new JJ lease NN takes VVZ place VV whose WP$ effect NN is VBZ regulated VVN by IN Article NP 1774 CD . SENT It PP shall MD be VB the DT same JJ where WRB , , at IN the DT expiry NN of IN written JJ leases NNS , , the DT lessee NN remains VVZ and CC is VBZ left VVN in IN possession NN . SENT Art NN . SENT 1776 CD repealed VVN Art NN . SENT 1777 CD A NP departing VVG farmer NN must MD leave VV to TO the DT one NN who WP succeeds VVZ him PP in IN the DT cultivation NN , , suitable JJ lodging NN and CC other JJ facilities NNS for IN the DT work NN of IN the DT following VVG year NN . SENT and CC reciprocally RB , , the DT entering VVG farmer NN must MD provide VV the DT one NN who WP is VBZ departing VVG with IN suitable JJ lodging NN and CC other JJ facilities NNS for IN the DT consumption NN of IN fodder NN and CC for IN harvests NNS which WDT remain VVP to TO be VB made VVN . SENT In IN either DT case NN , , the DT usage NN of IN the DT place NN must MD be VB complied VVN with IN . SENT Art NN . SENT 1778 CD A NP departing VVG farmer NN must MD also RB leave VV the DT straws NNS and CC manure NN of IN the DT year NN , , where WRB he PP has VHZ received VVN them PP on IN entering VVG into IN possession NN . SENT and CC even RB where WRB he PP did VVD not RB receive VV them PP , , the DT owner NN may MD retain VV them PP according VVG to TO his PP$ appraisal NN . SENT CHAPTER NN III NP OF IN THE DT HIRING NN OF IN INDUSTRY NN AND CC SERVICES NNS Art NN . SENT 1779 RB There EX are VBP three CD main JJ kinds NNS of IN hiring VVG of IN industry NN and CC services NNS . SENT 1 LS The DT hiring NN of IN workers NNS who WP enter VVP the DT service NN of IN someone NN . SENT 2 LS That DT of IN carriers NNS , , as RB well RB by IN land NN as IN by IN water NN , , who WP undertake VV to TO carry VV persons NNS or CC goods NNS . SENT 3 CD Act NP n NN 67 CD 3 CD of IN 3 CD Jan NP . SENT 1967 CD That IN of IN architects NNS , , contractors NNS for IN work NN and CC technicians NNS following VVG research NN , , estimates NNS or CC contracts NNS . SENT Section NN I NN Of IN the DT Hiring NN of IN Servants NNS and CC Workers NPS Art NP . SENT 1780 CD One CD person NN may MD engage VV his PP$ services NNS only RB for IN a DT time NN , , or CC for IN a DT specified JJ undertaking NN . SENT Act NN of IN 27 CD Dec NP . SENT 1890 CD The DT hiring NN of IN services NNS made VVN without IN determination NN of IN duration NN may MD always RB cease VV through IN the DT wish NN of IN one CD of IN the DT contracting NN parties NNS . SENT Nevertheless RB , , the DT termination NN of IN the DT contract NN through IN the DT wish NN of IN one CD only RB of IN the DT contracting NN parties NNS may MD give VV rise VV to TO damages NNS . SENT To TO fix VV the DT compensation NN to TO be VB granted VVN , , if IN any DT , , account NN shall MD be VB taken VVN of IN usages NNS , , of IN the DT nature NN of IN the DT services NNS hired VVD , , of IN the DT time NN elapsed VVN , , of IN the DT deductions NNS made VVN and CC of IN the DT payments NNS made VVN in IN view NN of IN a DT retirement NN pension NN , , and CC , , in IN general NN , , of IN all PDT the DT circumstances NNS which WDT may MD establish VV the DT existence NN and CC determine VV the DT extent NN of IN the DT loss NN caused VVD . SENT The DT parties NNS may MD not RB renounce VV in IN advance NN the DT contingent JJ right NN to TO claim VV damages NNS under IN the DT above JJ provisions NNS . SENT The DT controversies NNS to TO which WDT the DT application NN of IN the DT preceding JJ paragraphs NNS may MD give VV rise NN , , when WRB they PP are VBP brought VVN before IN civil JJ courts NNS and CC before IN courts NNS of IN appeal NN , , shall MD be VB prepared VVN for IN trial NN as IN summary NN proceedings NNS and CC tried VVD as IN emergencies NNS . SENT Art NN . SENT 1781 CD repealed VVN Section NP II NP Of IN Carriers NPS by IN Land NP and CC by IN Water NP Art NP . SENT 1782 CD Carriers NNS by IN land NN and CC by IN water NN are VBP subject JJ , , for IN the DT custody NN and CC preservation NN of IN the DT things NNS which WDT are VBP entrusted VVN to TO them PP , , to TO the DT same JJ obligations NNS as IN innkeepers NNS who WP are VBP dealt VVN with IN in IN the DT Title NN Of IN Deposits NNS and CC of IN Sequestration NN . SENT Art NN . SENT 1783 CD They PP answer VVP not RB only RB for IN what WP they PP have VHP already RB received VVN in IN their PP$ boat NN or CC carriage NN , , but CC also RB for IN what WP has VHZ been VBN delivered VVN to TO them PP in IN port NN or CC in IN warehouse NN , , to TO be VB placed VVN in IN their PP$ boat NN or CC carriage NN . SENT Art NN . SENT 1784 CD They PP are VBP liable JJ for IN the DT loss NN and CC damages NNS of IN the DT things NNS which WDT are VBP entrusted VVN to TO them PP , , unless IN they PP prove VVP that IN they PP have VHP been VBN lost VVN or CC damaged VVN by IN fortuitous JJ event NN or CC force NN majeure NN . SENT Art NN . SENT 1785 CD Common JJ carriers NNS by IN land NN or CC by IN water NN , , and CC public JJ haulage NN contractors NNS , , must MD keep VV account NN books NNS for IN the DT money NN , , the DT articles NNS and CC parcels NNS which WDT they PP take VVP charge NN of IN . SENT Art NN . SENT 1786 CD Common JJ carriers NNS and CC directors NNS of IN public JJ carriage NN and CC haulage NN , , masters NNS of IN boats NNS and CC ships NNS , , are VBP in IN addition NN subject JJ to TO particular JJ regulations NNS which WDT constitute VVP the DT law NN between IN them PP and CC other JJ citizens NNS . SENT Section NP III NP Of IN Estimates NNS and CC of IN Works NP Art NP . SENT 1787 CD Where WRB one PP instructs VVZ a DT person NN to TO do VV a DT work NN , , it PP may MD be VB agreed VVN that IN he PP will MD furnish VV his PP$ work NN or CC his PP$ industry NN only RB , , or CC that IN he PP will MD also RB furnish VV the DT material NN . SENT Art NN . SENT 1788 CD Where WRB , , in IN case NN the DT worker NN furnishes VVZ the DT material NN , , the DT thing NN happens VVZ to TO perish VV , , in IN whatever WDT manner NN , , before IN it PP is VBZ delivered VVN , , the DT loss NN falls VVZ upon IN the DT worker NN , , unless IN the DT master NN was VBD given VVN notice NN to TO receive VV the DT thing NN . SENT Art NN . SENT 1789 CD In IN case NN the DT worker NN furnishes VVZ his PP$ work NN only RB , , if IN the DT thing NN happens VVZ to TO perish VV , , the DT workman NN is VBZ liable JJ for IN his PP$ fault NN only RB . SENT Art NN . SENT 1790 CD Where WRB , , in IN the DT case NN of IN the DT preceding JJ Article NN , , the DT thing NN happens VVZ to TO perish VV , , although IN without IN any DT fault NN on IN the DT worker's NN part NN , , before IN the DT work NN was VBD received VVN , , and CC without IN the DT master NN being VBG given VVN notice NN to TO check VV it PP , , the DT worker NN may MD not RB claim VV any DT wages NNS , , unless IN the DT thing NN has VHZ perished VVN through IN defect NN of IN the DT material NN . SENT Art NN . SENT 1791 CD Where WRB a DT work NN for IN several JJ pieces NNS or CC by IN measure NN is VBZ concerned VVN , , it PP may MD be VB checked VVN by IN parts NNS . SENT checking NN is VBZ deemed VVN to TO have VH been VBN made VVN for IN all PDT the DT parts NNS paid VVD , , if IN the DT master NN pays VVZ the DT worker NN in IN proportion NN to TO the DT work NN done VVN . SENT Art NN . SENT 1792 CD Act NP n NN 78 CD 12 CD of IN 4 CD Jan NP . SENT 1978 CD Any DT builder NN of IN a DT work NN is VBZ liable JJ as RB of IN right NN , , towards IN the DT building NN owner NN or CC purchaser NN , , for IN damages NNS , , even RB resulting VVG from IN a DT defect NN of IN the DT ground NN , , which WDT imperil VV the DT strength NN of IN the DT building NN or CC which WDT , , affecting VVG it PP in IN one CD of IN its PP$ constituent NN parts NNS or CC one CD of IN its PP$ elements NNS of IN equipment NN , , render VV it PP unsuitable JJ for IN its PP$ purposes NNS . SENT Such JJ liability NN does VVZ not RB take VV place NN where WRB the DT builder NN proves VVZ that IN the DT damages NNS were VBD occasioned VVN by IN an DT extraneous JJ event NN . SENT Art NN . SENT 1792 CD 1 CD Act NP n NN 78 CD 12 CD of IN 4 CD Jan NP . SENT 1978 CD Are NP deemed VVN builders NNS of IN the DT work NN . SENT 1 LS Any DT architect NN , , contractor NN , , technician NN or CC other JJ person NN bound VVN to TO the DT building NN owner NN by IN a DT contract NN of IN hire NN of IN work NN . SENT 2 LS Any DT person NN who WP sells VVZ , , after IN completion NN , , a DT work NN which WDT he PP built VVN or CC had VHD built VVN . SENT 3 LS Any DT person NN who WP , , although IN acting VVG in IN the DT capacity NN of IN agent NN for IN the DT building NN owner NN , , performs VVZ duties NNS similar JJ to TO those DT of IN a DT hirer NN out RP of IN work NN . SENT Art NN . SENT 1792 CD 2 CD Act NP n NN 78 CD 12 CD of IN 4 CD Jan NP . SENT 1978 CD The DT presumption NN of IN liability NN established VVN by IN Article NP 1792 CD also RB extends VVZ to TO damages NNS affecting VVG the DT strength NN of IN the DT elements NNS of IN equipment NN of IN a DT building NN , , but CC only RB where WRB the DT latter NN are VBP an DT indissociable JJ and CC integral JJ part NN of IN the DT works NNS of IN development NN , , foundation NN , , ossature NN , , close VV or CC cover VV . SENT An DT element NN of IN equipment NN is VBZ deemed VVN to TO be VB an DT indissociable JJ part NN of IN one CD of IN the DT works NNS listed VVN in IN the DT preceding JJ Article NN where WRB the DT demounting VVG , , disassembling VVG or CC replacing VVG thereof RB cannot NN be VB effected VVN without IN deterioration NN or CC removal NN of IN material NN from IN that DT work NN . SENT Art NN . SENT 1792 CD 3 CD Act NP n NN 78 CD 12 CD of IN 4 CD Jan NP . SENT 1978 CD Other JJ elements NNS of IN equipment NN of IN a DT building NN are VBP the DT subject NN of IN a DT warranty NN of IN good JJ running NN for IN a DT minimum JJ period NN of IN two CD years NNS after IN the DT approval NN of IN the DT work NN . SENT Art NN . SENT 1792 CD 4 CD Act NP n NN 78 CD 12 CD of IN 4 CD Jan NP . SENT 1978 CD The DT manufacturer NN of IN a DT work NN , , of IN a DT part NN of IN a DT work NN or CC of IN an DT element NN of IN equipment NN designed VVN and CC produced VVN for IN meeting VVG precise JJ and CC predetermined VVN requirements NNS when WRB in IN working VVG order NN , , is VBZ jointly RB and CC severally RB liable JJ for IN the DT obligations NNS placed VVN by IN Articles NNS 1792 CD , , 1792 CD 2 CD and CC 1792 CD 3 CD on IN the DT hirer NN out RP of IN work NN who WP made VVD use NN , , without IN modification NN and CC in IN compliance NN with IN the DT directions NNS of IN the DT manufacturer NN , , of IN the DT work NN , , part NN of IN work NN or CC element NN of IN equipment NN concerned VVN . SENT For IN the DT purpose NN of IN this DT Article NP , , shall MD be VB treated VVN in IN the DT same JJ way NN as IN manufacturers NNS . SENT A DT person NN who WP imported VVD a DT work NN , , a DT part NN of IN work NN or CC an DT element NN of IN equipment NN manufactured VVN abroad RB . SENT A DT person NN who WP presented VVD it PP as IN his PP$ own JJ work NN by IN having VHG his PP$ name NN , , his PP$ trade NN mark NN or CC any DT other JJ distinguishing VVG sign NN appear VVP on IN it PP . SENT Art NN . SENT 1792 CD 5 CD Act NP n NN 78 CD 12 CD of IN 4 CD Jan NP . SENT 1978 CD Any DT clause NN of IN a DT contract NN having VHG the DT purpose NN , , either CC of IN excluding VVG or CC limiting VVG the DT liability NN provided VVD for IN in IN Articles NNS 1792 CD , , 1792 CD 1 CD and CC 1792 CD 2 CD , , or CC of IN excluding VVG the DT warranties NNS provided VVN for IN in IN Articles NNS 1792 CD 3 CD and CC 1792 CD 6 CD Act NP n NN 90 CD 1129 CD of IN 19 CD Dec NP . SENT 1990 CD or CC of IN limiting VVG their PP$ extent NN , , or CC setting VVG aside RP or CC limiting VVG the DT joint JJ and CC several JJ liability NN provided VVN for IN in IN Article NP 1792 CD 4 CD , , shall MD be VB deemed VVN not RB written VVN . SENT Art NN . SENT 1792 CD 6 CD Act NP n NN 78 CD 12 CD of IN 4 CD Jan NP . SENT 1978 CD Approval NN is VBZ the DT act NN by IN which WDT the DT building NN owner NN declares VVZ that IN he PP accepts VVZ the DT work NN with IN or CC without IN reservation NN . SENT It PP occurs VVZ at IN the DT suit NN of IN the DT first JJ requesting VVG party NN , , either CC amicably RB or CC , , failing VVG which WDT , , judicially RB . SENT In IN any DT case NN , , it PP shall MD be VB pronounced VVN adversarily RB . SENT The DT warranty NN of IN perfected VVN completion NN , , to TO which WDT a DT contractor NN is VBZ held VVN during IN a DT period NN of IN one CD year NN , , after IN the DT approval NN , , extends VVZ to TO the DT repairs NNS of IN all DT shortcomings NNS indicated VVD by IN the DT building NN owner NN , , either CC through IN reservations NNS mentioned VVN in IN the DT memorandum NN of IN approval NN , , or CC by IN way NN of IN written JJ notice NN as RB to TO those DT revealed VVN after IN the DT approval NN . SENT The DT periods NNS required VVN for IN the DT carrying VVG out RP of IN the DT works NNS of IN repair NN shall MD be VB fixed VVN by IN common JJ agreement NN by IN the DT building NN owner NN and CC the DT contractor NN concerned VVN . SENT Failing VVG such PDT an DT agreement NN or CC in IN case NN of IN non JJ carrying VVG out RP within IN the DT period NN fixed VVN , , the DT works NNS may MD , , after IN a DT notice NN of IN default NN remained VVD ineffective JJ , , be VB carried VVN out RP at IN the DT expenses NNS and CC risks NNS of IN the DT defaulting VVG contractor NN . SENT The DT carrying VVG out RP of IN the DT works NNS required VVN under IN the DT warranty NN of IN perfected VVN completion NN shall MD be VB established VVN by IN common JJ agreement NN or CC , , failing VVG which WDT , , judicially RB . SENT The DT warranty NN does VVZ not RB extend VV to TO the DT works NNS required VVN to TO remedy VV the DT effects NNS of IN normal JJ wear NN or CC of IN use NN . SENT Art NN . SENT 1793 CD Where WRB an DT architect NN or CC a DT contractor NN has VHZ undertaken VVN to TO erect VV a DT building NN at IN a DT fixed JJ price NN , , according VVG to TO a DT plan NN settled VVD and CC agreed VVD with IN the DT owner NN of IN the DT ground NN , , he PP may MD not RB ask VV for IN any DT increase NN in IN the DT price NN , , either CC under IN the DT pretext NN of IN increase NN in IN labour NN or CC material NN , , or CC under IN that IN of IN changes NNS or CC additions NNS made VVN in IN the DT plan NN , , unless IN those DT changes NNS or CC additions NNS have VHP been VBN authorized VVN in IN writing VVG and CC the DT price NN agreed VVD with IN the DT owner NN . SENT Art NN . SENT 1794 CD . SENT A DT master NN may MD , , by IN his PP$ wish NN alone RB , , terminate VV a DT contract NN at IN a DT fixed JJ price NN , , although IN the DT work NN has VHZ already RB begun VVN , , by IN compensating VVG the DT contractor NN for IN all PDT his PP$ expenses NNS , , for IN all PDT his PP$ works NNS , , and CC for IN all DT that IN he PP could MD have VH earned VVN in IN that DT undertaking NN . SENT Art NN . SENT 1795 CD A DT contract NN of IN hiring VVG of IN work NN is VBZ dissolved VVN by IN the DT death NN of IN the DT worker NN , , of IN the DT architect NN or CC of IN the DT contractor NN . SENT Art NN . SENT 1796 CD But CC the DT owner NN is VBZ bound VVN to TO pay VV to TO their PP$ succession NN , , in IN proportion NN to TO the DT price NN given VVN in IN the DT agreement NN , , the DT value NN of IN the DT works NNS done VVN and CC that IN of IN the DT materials NNS prepared VVN , , only RB where WRB those DT works NNS or CC materials NNS can MD be VB useful JJ to TO him PP . SENT Art NN . SENT 1797 CD A NP contractor NN is VBZ responsible JJ for IN the DT acts NNS of IN the DT persons NNS whom WP he PP employs VVZ . SENT Art NN . SENT 1798 CD Masons NNS , , carpenters NNS and CC other JJ workers NNS who WP have VHP been VBN employed VVN in IN the DT construction NN of IN a DT building NN , , or CC of IN other JJ works NNS made VVN under IN a DT contract NN to TO do VV work NN , , have VHP an DT action NN against IN the DT person NN for IN whom WP the DT works NNS have VHP been VBN done VVN only RB up RB to TO the DT amount NN for IN which WDT that DT person NN is VBZ debtor JJ towards IN the DT contractor NN , , at IN the DT time NN when WRB their PP$ action NN is VBZ instituted VVN . SENT Art NN . SENT 1799 CD Masons NNS , , carpenters NNS , , locksmiths NNS and CC other JJ workers NNS who WP enter VVP directly RB into IN contracts NNS for IN a DT definite JJ lump NN sum NN , , are VBP subject JJ to TO the DT rules NNS prescribed VVN in IN this DT Section NN . SENT they PP are VBP contractors NNS as RB to TO the DT part NN they PP undertake VV . SENT Art NN . SENT 1799 CD 1 CD Act NP n NN 94 CD 475 CD of IN 10 CD June NP 1994 CD A DT building NN owner NN who WP enters VVZ into IN a DT private JJ constructional JJ works NNS contract NN referred VVD to TO in IN Article NP 1779 CD , , 3 CD , , must MD warrant VV to TO the DT contractor NN the DT payment NN of IN the DT sums NNS owed VVD when WRB they PP exceed VVP a DT threshold NN fixed VVN by IN decree NN in IN Conseil NP d SYM tat NN 1 CD . SENT Where WRB a DT building NN owner NN has VHZ recourse NN to TO a DT specific JJ credit NN for IN financing VVG the DT works NNS , , the DT credit NN institution NN may MD not RB pay VV the DT amount NN of IN the DT loan NN to TO a DT person NN different JJ from IN the DT ones NNS mentioned VVN in IN Article NP 1779 CD , , 3 CD , , so RB long RB as IN the DT latter NN have VHP not RB received VVN payment NN of IN the DT whole NN of IN the DT claim NN arising VVG from IN the DT contract NN corresponding JJ to TO the DT loan NN . SENT Payments NNS shall MD be VB made VVN by IN a DT written JJ order NN and CC under IN the DT exclusive JJ responsibility NN of IN the DT building NN owner NN into IN the DT hands NNS of IN the DT person NN or CC of IN an DT agent NN appointed VVN for IN that DT purpose NN . SENT Where WRB a DT building NN owner NN does VVZ not RB have VH recourse NN to TO a DT specific JJ credit NN or CC where WRB he PP has VHZ recourse NN to TO it PP only RB in IN part NN , , and CC failing VVG a DT guarantee NN resulting VVG from IN a DT particular JJ stipulation NN , , payment NN shall MD be VB warranted VVN by IN a DT joint JJ and CC several JJ suretyship NN agreed VVD to TO by IN a DT credit NN institution NN , , an DT insurance NN company NN or CC an DT institution NN of IN collective JJ guarantee NN , , according VVG to TO terms NNS fixed VVN by IN decree NN in IN Conseil NP d SYM tat NN . SENT So RB long RB as IN no DT guarantee NN has VHZ been VBN given VVN and CC the DT contractor NN is VBZ not RB paid VVN for IN the DT works NNS carried VVD out RP , , the DT latter NN may MD suspend VV performance NN of IN the DT contract NN after IN a DT notice NN of IN default NN remained VVD ineffective JJ at IN the DT end NN of IN a DT period NN of IN fifteen CD days NNS . SENT Act NP n NN 95 CD 96 CD of IN 1 CD Feb NN . SENT 1995 CD The NP provisions NNS of IN the DT preceding JJ paragraph NN shall MD not RB apply VV where WRB the DT building NN owner NN enters VVZ into IN a DT constructional JJ works NNS contract NN on IN his PP$ own JJ behalf NN and CC to TO meet VV needs NNS which WDT do VVP not RB belong VV to TO an DT occupation NN relating VVG to TO that DT contract NN . SENT The DT provisions NNS of IN this DT Article NP shall MD not RB apply VV to TO the DT contracts NNS concluded VVD by IN a DT body NN referred VVD to TO in IN Article NP L NP . SENT 411 CD 2 CD of IN the DT Building NP and CC Housing NP Code NP or CC by IN a DT semi NN public JJ company NN , , for IN lodgings NNS to TO be VB rented VVN which WDT have VHP received VVN an DT aid NN of IN the DT State NN and CC have VHP been VBN carried VVN out RP by IN that DT body NN or CC company NN . SENT 1 CD D NP . SENT n NN 99 CD 658 CD of IN 30 CD July NP 1999 CD . SENT 79 CD 000 CD F NN 12 CD 000 CD CHAPTER NN IV NP OF IN LEASES NNS OF IN LIVESTOCK NP Section NP I NP General NP Provisions NNS Art NN . SENT 1800 CD A DT lease NN of IN livestock NN is VBZ a DT contract NN by IN which WDT one CD of IN the DT parties NNS gives VVZ the DT other JJ a DT stock NN of IN cattle NNS to TO be VB kept VVN , , fed VVN and CC cared VVN for IN , , under IN the DT terms NNS agreed VVD between IN them PP . SENT Art NN . SENT 1801 RB There EX are VBP several JJ kinds NNS of IN leases NNS of IN livestock NN . SENT Simple JJ or CC ordinary JJ lease NN of IN livestock NN , , Lease NP of IN livestock NN by IN halves NNS , , Lease NP of IN livestock NN given VVN to TO a DT farmer NN or CC sharecropper NN . SENT There EX is VBZ also RB a DT fourth JJ kind NN of IN contract NN improperly RB named VVN lease NN of IN livestock NN . SENT Art NN . SENT 1802 CD A DT lease NN of IN livestock NN may MD be VB made VVN for IN any DT kind NN of IN animals NNS capable JJ of IN increase NN or CC of IN profit NN for IN agriculture NN or CC trade NN . SENT Art NN . SENT 1803 CD Failing NP special JJ agreement NN , , those DT contracts NNS are VBP regulated VVN by IN the DT following VVG principles NNS . SENT Section NP II NP Of IN Ordinary JJ Leases NNS of IN Livestock NP Art NP . SENT 1804 RB An DT ordinary JJ lease NN of IN livestock NN is VBZ a DT contract NN by IN which WDT one CD person NN gives VVZ another DT cattle NNS to TO be VB kept VVN , , fed VVN and CC cared VVN for IN , , on IN condition NN that IN the DT lessee NN will MD profit VV from IN half PDT the DT increase NN in IN stock NN and CC will MD also RB bear VV one CD half NN of IN the DT loss NN . SENT Art NN . SENT 1805 CD Act NP of IN 9 CD June NP 1941 CD The DT statement NN of IN the DT number NN , , description NN and CC appraisal NN of IN the DT animals NNS delivered VVN , , which WDT appears VVZ in IN the DT lease NN , , does VVZ not RB transfer VV ownership NN of IN them PP to TO the DT lessee NN . SENT It PP has VHZ no DT other JJ purpose NN than IN to TO be VB used VVN as IN basis NN for IN the DT settlement NN to TO occur VV on IN the DT day NN when WRB the DT contract NN comes VVZ to TO an DT end NN . SENT Art NN . SENT 1806 CD A NP lessee NN is VBZ bound VVN to TO give VV the DT care NN of IN a DT prudent JJ owner NN to TO the DT preservation NN of IN the DT livestock NN . SENT Art NN . SENT 1807 CD He PP is VBZ liable JJ for IN a DT fortuitous JJ event NN only RB where WRB it PP was VBD preceded VVN by IN some DT fault NN on IN his PP$ part NN , , without IN which WDT the DT loss NN would MD not RB have VH occurred VVN . SENT Art NN . SENT 1808 CD In IN case NN of IN dispute NN , , the DT lessee NN is VBZ bound VVN to TO prove VV the DT fortuitous JJ event NN , , and CC the DT lessor NN is VBZ bound VVN to TO prove VV the DT fault NN which WDT he PP ascribes VVZ to TO the DT lessee NN . SENT Art NN . SENT 1809 CD A NP lessee NN who WP is VBZ discharged VVN by IN a DT fortuitous JJ event NN is VBZ always RB bound VVN to TO account VV for IN the DT hides NNS of IN the DT animals NNS . SENT Art NN . SENT 1810 CD Act NP of IN 5 CD Nov NP . SENT 1941 CD Where WRB the DT livestock NN perishes VVZ in IN whole NN without IN a DT fault NN of IN the DT lessee NN , , the DT loss NN falls VVZ on IN the DT lessor NN . SENT Where WRB only RB a DT part NN of IN it PP perishes VVZ , , the DT loss NN is VBZ borne VVN jointly RB , , according VVG to TO the DT price NN of IN the DT original JJ appraisal NN and CC that IN of IN the DT appraisal NN at IN the DT expiry NN of IN the DT lease NN . SENT Art NN . SENT 1811 CD It PP may MD not RB be VB stipulated VVD . SENT That IN the DT lessee NN shall MD bear VV the DT total JJ loss NN of IN the DT livestock NN , , although IN occurred VVN through IN a DT fortuitous JJ event NN and CC without IN his PP$ fault NN . SENT Or CC that IN he PP shall MD bear VV in IN the DT loss NN a DT greater JJR share NN than IN in IN the DT profits NNS . SENT Or CC that IN the DT lessor NN shall MD , , at IN the DT end NN of IN the DT lease NN , , set VVD apart RB something NN more JJR than IN the DT livestock NN which WDT he PP has VHZ furnished VVN . SENT Any DT agreement NN of IN this DT kind NN is VBZ void JJ . SENT The DT lessee NN shall MD alone RB benefit VV from IN milk NN , , manure NN and CC work NN of IN the DT animals NNS leased VVD . SENT The DT wool NN and CC the DT increase NN in IN stock NN shall MD be VB divided VVN . SENT Art NN . SENT 1812 CD A NP lessee NN may MD not RB dispose VV of IN any DT animal NN of IN a DT herd NN or CC flock NN , , either CC from IN the DT stock NN or CC from IN the DT increase NN , , without IN the DT consent NN of IN the DT lessor NN who WP himself PP may MD not RB dispose VV of IN it PP without IN the DT consent NN of IN the DT lessee NN . SENT Art NN . SENT 1813 CD Where WRB livestock NN is VBZ given VVN to TO the DT tenant NN of IN another DT , , notice VVP of IN it PP must MD be VB given VVN to TO the DT landlord NN from IN whom WP that DT tenant NN holds VVZ . SENT otherwise RB , , he PP may MD seize VV it PP and CC have VH it PP sold VVN for IN what WP his PP$ tenant NN owes VVZ him PP . SENT Art NN . SENT 1814 CD A NP lessee NN may MD not RB shear VV without IN the DT consent NN of IN the DT lessor NN . SENT Art NN . SENT 1815 CD Where WRB no DT time NN has VHZ been VBN fixed VVN by IN the DT agreement NN for IN the DT duration NN of IN a DT lease NN , , it PP is VBZ deemed VVN made VVN for IN three CD years NNS . SENT Art NN . SENT 1816 CD The DT lessor NN may MD claim VV its PP$ termination NN sooner RBR , , where WRB the DT lessee NN does VVZ not RB fulfil VV his PP$ obligations NNS . SENT Art NN . SENT 1817 CD Act NP of IN 9 CD June NP 1941 CD At IN the DT end NN of IN the DT lease NN or CC at IN the DT time NN of IN its PP$ termination NN , , the DT lessor NN shall MD set VV apart RB animals NNS of IN each DT kind NN in IN order NN to TO obtain VV a DT stock NN of IN cattle NNS similar JJ to TO that DT which WDT he PP delivered VVD , , in IN particular JJ as RB to TO number NN , , breed NN , , age NN , , weight NN and CC quality NN of IN the DT animals NNS . SENT the DT excess NN shall MD be VB partitioned VVN . SENT Where WRB there EX are VBP not RB enough JJ animals NNS to TO replenish VV the DT stock NN of IN cattle NNS such JJ as IN defined VVN above IN , , the DT parties NNS shall MD account VV to TO each DT other JJ for IN the DT loss NN on IN the DT basis NN of IN the DT value NN of IN the DT animals NNS on IN the DT day NN when WRB the DT contract NN comes VVZ to TO an DT end NN . SENT Any DT agreement NN under IN which WDT , , at IN the DT end NN of IN the DT lease NN or CC at IN the DT time NN of IN its PP$ termination NN , , the DT lessee NN shall MD leave VV a DT stock NN of IN cattle NNS of IN a DT value NN equal JJ to TO the DT price NN of IN the DT appraisal NN of IN the DT one CD which WDT he PP received VVD , , is VBZ void JJ . SENT Section NP III NP Of IN Leases NNS of IN Livestock NN by IN Halves NNS Art NN . SENT 1818 CD A DT lease NN of IN livestock NN by IN halves NNS is VBZ a DT firm NN in IN which WDT each DT contracting NN party NN furnishes VVZ one CD half NN of IN the DT cattle NNS , , which WDT remain VVP in IN common JJ for IN profits NNS or CC for IN loss NN . SENT Art NN . SENT 1819 CD A NP lessee NN shall MD alone RB profit VV from IN milk NN , , manure NN and CC works VVZ of IN the DT animals NNS , , as RB in IN an DT ordinary JJ lease NN of IN livestock NN . SENT A DT lessor NN shall MD be VB entitled VVN only RB to TO one CD half NN of IN the DT wool NN and CC of IN the DT increase NN . SENT Any DT agreement NN to TO the DT contrary NN is VBZ void JJ , , unless IN the DT lessor NN is VBZ the DT owner NN of IN the DT farm NN of IN which WDT the DT lessee NN is VBZ farmer NN or CC sharecropper NN . SENT Art NN . SENT 1820 RB All PDT the DT other JJ rules NNS of IN an DT ordinary JJ lease NN of IN livestock NN shall MD apply VV to TO a DT lease NN of IN livestock NN by IN halves NNS . SENT Section NP IV NP Of IN Leases NNS of IN Livestock NN Granted VVN by IN an DT Owner NN to TO his PP$ Farmer NP or CC Sharecropper NN 1 CD Of IN Livestock NN Leased VVN to TO a DT Farmer NP Art NP . SENT 1821 CD Act NP of IN 9 CD June NP 1941 CD Such JJ lease NN also RB called VVD iron NN lease NN of IN livestock NN is VBZ one CD by IN which WDT the DT owner NN of IN an DT agricultural JJ holding NN gives VVZ it PP on IN lease NN on IN condition NN that IN at IN the DT expiry NN of IN the DT lease NN , , the DT farmer NN shall MD leave VV the DT same JJ stock NN of IN cattle NNS as RB that IN which WDT he PP received VVD . SENT Art NN . SENT 1822 CD Act NP of IN 9 CD June NP 1941 CD The DT statement NN of IN the DT number NN , , description NN and CC appraisal NN of IN the DT animals NNS delivered VVN , , which WDT appears VVZ in IN the DT lease NN , , does VVZ not RB transfer VV ownership NN of IN them PP to TO the DT lessee NN . SENT It PP has VHZ no DT other JJ purpose NN than IN to TO be VB used VVN as IN basis NN for IN the DT settlement NN to TO occur VV on IN the DT day NN when WRB the DT contract NN comes VVZ to TO an DT end NN . SENT Art NN . SENT 1823 CD All NP profits NNS belong VVP to TO the DT farmer NN during IN the DT period NN of IN his PP$ lease NN , , unless IN otherwise RB agreed VVN . SENT Art NN . SENT 1824 CD In IN leases NNS of IN livestock NN leased VVN to TO a DT farmer NN , , the DT manure NN is VBZ not RB among IN the DT personal JJ profits NNS of IN the DT lessees NNS , , but CC belongs VVZ to TO the DT farm NN , , for IN the DT cultivation NN of IN which WDT it PP must MD be VB exclusively RB used VVN . SENT Art NN . SENT 1825 CD Act NP of IN 5 CD Oct NP . SENT 1941 CD Loss NN , , even RB total JJ and CC by IN fortuitous JJ event NN , , falls VVZ wholly RB upon IN the DT farmer NN , , unless IN otherwise RB agreed VVN . SENT Art NN . SENT 1826 CD Act NP of IN 9 CD June NP 1941 CD At IN the DT end NN of IN the DT lease NN or CC at IN the DT time NN of IN its PP$ termination NN , , the DT lessee NN shall MD leave VV animals NNS of IN each DT kind NN composing VVG a DT stock NN of IN cattle NNS similar JJ to TO that DT which WDT he PP received VVD , , in IN particular JJ as RB to TO number NN , , breed NN , , age NN , , weight NN and CC quality NN of IN the DT animals NNS . SENT Where WRB there EX is VBZ an DT excess NN , , it PP belongs VVZ to TO him PP . SENT Where WRB there EX is VBZ a DT deficit NN , , settlement NN between IN the DT parties NNS shall MD be VB made VVN on IN the DT basis NN of IN the DT value NN of IN the DT animals NNS on IN the DT day NN when WRB the DT contract NN comes VVZ to TO an DT end NN . SENT Any DT agreement NN under IN which WDT , , at IN the DT end NN of IN the DT lease NN or CC at IN the DT time NN of IN its PP$ termination NN , , the DT lessee NN shall MD leave VV a DT stock NN of IN cattle NNS of IN a DT value NN equal JJ to TO the DT price NN of IN the DT appraisal NN of IN the DT one CD which WDT he PP received VVD , , is VBZ void JJ . SENT 2 CD Of IN Livestock NN Leased VVN to TO a DT Sharecropper NN Art NN . SENT 1827 CD Act NP of IN 5 CD Oct NP . SENT 1941 CD Where WRB the DT livestock NN perishes VVZ in IN whole NN without IN a DT fault NN of IN the DT sharecropper NN , , the DT loss NN falls VVZ on IN the DT lessor NN . SENT Art NN . SENT 1828 CD It PP may MD be VB stipulated VVD that IN the DT sharecropper NN shall MD surrender VV to TO the DT lessor NN his PP$ part NN of IN the DT fleece NN at IN a DT price NN below IN the DT ordinary JJ value NN . SENT That IN the DT lessor NN shall MD have VH a DT larger JJR share NN of IN the DT profit NN . SENT That IN he PP shall MD have VH half NN of IN the DT milk NN . SENT But CC it PP may MD not RB be VB stipulated VVD that IN the DT sharecropper NN shall MD bear VV the DT whole JJ loss NN . SENT Art NN . SENT 1829 CD Such JJ lease NN comes VVZ to TO an DT end NN with IN the DT lease NN of IN the DT farm NN . SENT Art NN . SENT 1830 CD As RB to TO other JJ issues NNS , , it PP shall MD be VB subject JJ to TO all PDT the DT rules NNS of IN an DT ordinary JJ lease NN of IN livestock NN . SENT Section NN V NN Of IN the DT Contract NN Improperly RB Named VVN Lease NP of IN Livestock NP Art NP . SENT 1831 CD Where WRB one NN or CC several JJ cows NNS are VBP given VVN to TO be VB sheltered VVN and CC fed VVN , , the DT lessor NN keeps VVZ ownership NN over IN them PP . SENT he PP has VHZ only RB the DT profit NN of IN the DT calves NNS which WDT are VBP born VVN of IN them PP . SENT TITLE NN VIII NP bis RB OF IN THE DT CONTRACT NN OF IN REAL NP ESTATE NP PROMOTION NN Act NP n NN 71 CD 579 CD of IN 16 CD July NP 1971 CD Art NN . SENT 1831 CD 1 CD A DT contract NN of IN real JJ estate NN promotion NN is VBZ an DT agency NN for IN the DT joint JJ interest NN of IN both DT parties NNS by IN which WDT a DT person NN said VVD real JJ estate NN promoter NN binds VVZ himself PP towards IN a DT building NN owner NN to TO have VH the DT carrying VVG out RP of IN a DT program NN of IN construction NN of IN one CD or CC several JJ buildings NNS undertaken VVN for IN an DT agreed VVN price NN and CC by IN way NN of IN contracts NNS of IN hiring VVG of IN services NNS , , as RB well RB as IN to TO undertake VV himself PP or CC have VH undertaken VVN , , for IN an DT agreed VVN remuneration NN , , all RB or CC part NN of IN the DT legal JJ , , administrative JJ and CC financial JJ formalities NNS or CC transactions NNS concurring VVG for IN the DT same JJ purpose NN . SENT That DT promoter NN is VBZ the DT warrantor NN of IN the DT performance NN of IN the DT obligations NNS placed VVN on IN the DT persons NNS with IN whom WP he PP has VHZ dealt VVN on IN behalf NN of IN the DT building NN owner NN . SENT He PP is VBZ in IN particular JJ responsible JJ for IN the DT obligations NNS resulting VVG from IN Articles NNS 1792 CD , , 1792 CD 1 CD , , 1792 CD 2 CD and CC 1792 CD 3 CD of IN this DT Code NP Act NP n NN 78 CD 12 CD of IN 4 CD Jan NP . SENT 1978 CD . SENT Where WRB a DT promoter NN binds VVZ himself PP to TO perform VV personnaly JJ part NN of IN the DT operations NNS of IN the DT program NN , , he PP is VBZ bound VVN , , as RB to TO those DT operations NNS , , for IN the DT obligations NNS of IN a DT hirer NN out RP of IN works NNS . SENT Art NN . SENT 1831 CD 2 CD As IN to TO the DT promoter NN , , the DT contract NN involves VVZ authority NN to TO conclude VV contracts NNS , , approve VV the DT works NNS , , close JJ agreements NNS and CC generally RB , , do VVP in IN the DT name NN of IN the DT building NN owner NN , , all PDT the DT transactions NNS required VVN by IN the DT carrying VVG out RP of IN the DT program NN , , up RB to TO the DT amount NN of IN the DT lump NN sum NN agreed VVD . SENT However RB , , a DT promoter NN binds VVZ the DT building NN owner NN , , by IN the DT loans NNS he PP contracts VVZ or CC the DT acts NNS of IN disposal NN he PP enters VVZ into IN , , only RB under IN a DT special JJ agency NN contained VVN in IN the DT contract NN or CC in IN a DT subsequent JJ instrument NN . SENT The DT building NN owner NN is VBZ bound VVN to TO perform VV the DT undertakings NNS contracted VVN on IN his PP$ behalf NN by IN the DT promoter NN within IN the DT authority NN which WDT the DT latter NN holds VVZ under IN a DT statute NN or CC the DT agreement NN . SENT Art NN . SENT 1831 CD 3 CD Where WRB , , before IN the DT completion NN of IN the DT program NN , , the DT building NN owner NN assigns VVZ the DT rights NNS he PP has VHZ on IN it PP , , the DT assignee NN is VBZ substituted VVN to TO him PP by IN operation NN of IN law NN , , as RB to TO assets NNS and CC liabilities NNS , , for IN the DT whole NN of IN the DT contract NN . SENT The DT assignor NN is VBZ warrantor NN of IN the DT performance NN of IN the DT obligations NNS placed VVN on IN the DT building NN owner NN by IN the DT contract NN assigned VVN Act NP n NN 72 CD 649 CD of IN 11 CD July NP 1972 CD . SENT Special JJ agencies NNS given VVN to TO the DT promoter NN continue VV between IN the DT latter NN and CC the DT assignee NN . SENT The DT promoter NN may MD not RB substitute VV a DT third JJ party NN for IN himself PP in IN the DT performance NN of IN the DT obligations NNS which WDT he PP has VHZ contracted VVN with IN the DT building NN owner NN without IN the DT consent NN of IN the DT latter NN . SENT A DT contract NN of IN real JJ estate NN promotion NN is VBZ effective JJ against IN third JJ parties NNS only RB from IN the DT date NN of IN its PP$ entry NN on IN the DT land NN register NN . SENT Art NN . SENT 1831 CD 4 CD The DT task NN of IN a DT promoter NN comes VVZ to TO an DT end NN with IN the DT delivery NN of IN the DT work NN only RB where WRB the DT accounts NNS for IN construction NN have VHP been VBN definitely RB settled VVN between IN the DT building NN owner NN and CC the DT promoter NN , , all DT of IN which WDT without IN prejudicing VVG the DT actions NNS for IN damages NNS which WDT may MD belong VV to TO the DT building NN owner NN against IN the DT promoter NN . SENT Art NN . SENT 1831 CD 5 CD Judicial NP arrangement NN or CC liquidation NN does VVZ not RB involve VV as RB of IN right RB the DT termination NN of IN a DT contract NN of IN real JJ estate NN promotion NN . SENT Any DT stipulation NN to TO the DT contrary NN shall MD be VB deemed VVN not RB written VVN . SENT TITLE NN IX NP OF IN FIRMS NNS AND CC COMPANIES NNS Act NP n NN 78 CD 9 CD of IN 4 CD Jan NP . SENT 1978 CD CHAPTER NN I NP GENERAL NP PROVISIONS NNS Art NN . SENT 1832 CD Act NP n NN 85 CD 697 CD of IN 11 CD July NP 1985 CD A DT firm NN is VBZ established VVN by IN two CD or CC several JJ persons NNS which WDT agree VVP by IN a DT contract NN to TO appropriate JJ property NN or CC their PP$ industry NN for IN a DT common JJ venture NN with IN a DT view NN to TO sharing VVG the DT benefit NN or CC profiting VVG from IN the DT saving NN which WDT may MD result VV therefrom RB . SENT It PP may MD be VB established VVN , , in IN the DT cases NNS provided VVN for IN by IN statute NN , , through IN an DT act NN of IN will NN of IN one CD person NN alone RB . SENT The DT members NNS bind NN themselves PP to TO contribute VV to TO losses NNS . SENT Art NN . SENT 1832 CD 1 CD Even RB where WRB they PP use VVP only RB community NN property NN for IN the DT contributions NNS to TO a DT firm NN or CC for IN the DT acquisition NN of IN shares NNS of IN a DT firm NN , , two CD spouses NNS alone RB or CC with IN other JJ persons NNS may MD be VB members NNS of IN a DT same JJ firm NN and CC participate VV together RB or CC not RB in IN the DT management NN of IN the DT firm JJ Act NP n NN 82 CD 596 CD of IN 10 CD July NP 1982 CD . SENT The DT advantages NNS and CC gratuitous JJ transfers NNS resulting VVG from IN a DT firm NN agreement NN between IN spouses NNS may MD not RB be VB avoided VVN because IN they PP would MD constitute VV disguised JJ gifts NNS , , where WRB their PP$ terms NNS have VHP been VBN regulated VVN by IN an DT authentic JJ instrument NN . SENT Art NN . SENT 1832 CD 2 CD Act NP n NN 82 CD 596 CD of IN 10 CD July NP 1982 CD One CD spouse NN may MD not RB , , under IN the DT penalty NN provided VVD for IN in IN Article NP 1427 CD , , make VV use NN of IN community NN property NN in IN order NN to TO make VV a DT contribution NN to TO a DT firm NN or CC acquire VV non JJ negotiable JJ shares NNS of IN a DT firm NN without IN the DT other JJ spouse NN being VBG informed VVN thereof RB and CC proof NN of IN it PP being VBG adduced VVN in IN the DT instrument NN . SENT The DT capacity NN of IN member NN is VBZ acknowledged VVN to TO the DT spouse NN who WP makes VVZ the DT contribution NN or CC the DT acquisition NN . SENT The DT capacity NN of IN member NN is VBZ also RB acknowledged VVN , , for IN half NN of IN the DT shares NNS subscribed VVN or CC acquired VVN , , to TO the DT spouse NN who WP gave VVD notice NN to TO the DT firm NN of IN his PP$ or CC her PP$ intention NN to TO be VB personally RB a DT member NN . SENT Where WRB he PP or CC she PP gives VVZ notice NN of IN his PP$ or CC her PP$ intention NN at IN the DT time NN of IN the DT contribution NN or CC acquisition NN , , the DT acceptance NN or CC agreement NN of IN the DT members NNS is VBZ effective JJ as RB to TO both DT spouses NNS . SENT Where WRB the DT notice NN is VBZ after IN the DT contribution NN or CC acquisition NN , , the DT clauses NNS requiring VVG approval NN provided VVN for IN this DT purpose NN in IN the DT articles NNS of IN association NN or CC of IN partnership NN are VBP available JJ as IN against IN the DT spouse NN . SENT at IN the DT time NN of IN the DT resolution NN on IN approval NN , , the DT member NN spouse NN does VVZ not RB participate VV in IN the DT vote NN and CC his PP$ or CC her PP$ shares NNS are VBP not RB taken VVN into IN account NN in IN calculating VVG the DT quorum NN and CC the DT majority NN . SENT The DT provisions NNS of IN this DT Article NP shall MD apply VV only RB to TO firms NNS whose WP$ shares NNS are VBP not RB negotiable JJ and CC only RB until IN dissolution NN of IN the DT community NN . SENT Art NN . SENT 1833 CD Every DT firm NN must MD have VH lawful JJ objects NNS and CC be VB formed VVN in IN the DT common JJ interest NN of IN the DT members NNS . SENT Art NN . SENT 1834 CD The NP provisions NNS of IN this DT Chapter NN shall MD apply VV to TO all DT firms NNS and CC companies NNS , , unless IN otherwise RB provided VVN for IN by IN statute NN by IN reason NN of IN their PP$ form NN or CC of IN their PP$ objects NNS . SENT Art NN . SENT 1835 CD The DT memorandum NN and CC the DT articles NNS of IN association NN or CC of IN partnership NN must MD be VB drawn VVN up RP in IN writing NN . SENT They PP shall MD determine VV , , in IN addition NN to TO the DT contributions NNS of IN each DT member NN , , the DT form NN , , the DT objects NNS , , the DT name NN , , the DT registered JJ place NN of IN business NN , , the DT capital NN of IN the DT firm NN , , the DT duration NN of IN the DT firm NN and CC its PP$ rules NNS of IN functioning VVG . SENT Art NN . SENT 1836 CD Unless IN otherwise RB stipulated VVD , , the DT memorandum NN and CC the DT articles NNS may MD be VB amended VVN only RB by IN unanimous JJ agreement NN of IN the DT members NNS . SENT In IN no DT case NN may MD the DT commitments NNS of IN a DT member NN be VB increased VVN without IN his PP$ consent NN . SENT Art NN . SENT 1837 CD Every DT firm NN whose WP$ registered VVN place NN of IN business NN is VBZ located VVN on IN the DT French JJ territory NN is VBZ subject JJ to TO the DT provisions NNS of IN French JJ law NN . SENT Third JJ parties NNS may MD avail VV themselves PP of IN the DT registered JJ place NN of IN business NN determined VVN in IN the DT articles NNS , , but CC the DT latter NN is VBZ not RB available JJ as IN against IN them PP where WRB the DT actual JJ place NN of IN business NN is VBZ located VVN elsewhere RB . SENT Art NN . SENT 1838 CD The DT duration NN of IN a DT firm NN may MD not RB exceed VV ninety CD nine CD years NNS . SENT Art NN . SENT 1839 CD Where WRB the DT memorandum NN and CC the DT articles NNS do VVP not RB contain VV all PDT the DT statements NNS required VVN by IN legislation NN or CC where WRB a DT formality NN prescribed VVN by IN it PP for IN the DT formation NN of IN a DT firm NN was VBD omitted VVN or CC irregularly RB completed VVN , , any DT person NN concerned VVN may MD apply VV to TO the DT court NN for IN having VHG the DT regularization NN of IN the DT formation NN ordered VVD , , by IN the DT imposition NN of IN a DT periodic JJ penalty NN payment NN . SENT The DT Government NP procurator NN s NN office NN is VBZ entitled VVN to TO sue VV for IN the DT same JJ purposes NNS . SENT The DT same JJ rules NNS shall MD apply VV in IN case NN of IN amendment NN of IN the DT memorandum NN and CC of IN the DT articles NNS . SENT The DT action NN for IN purposes NNS of IN regularization NN provided VVN for IN in IN paragraph NN 1 CD is VBZ time NN barred VVN after IN three CD years NNS from IN the DT registration NN of IN the DT firm NN or CC from IN the DT recording NN of IN the DT instrument NN amending VVG the DT memorandum NN or CC the DT articles NNS . SENT Art NN . SENT 1840 CD The NP promoters NNS , , as RB well RB as IN the DT first JJ members NNS of IN the DT management NN , , direction NN and CC administrative JJ organs NNS , , are VBP jointly RB and CC severally RB liable JJ for IN the DT loss NN caused VVD either RB by IN the DT want VVP of IN a DT compulsory JJ statement NN in IN the DT memorandum NN or CC the DT articles NNS , , or CC by IN the DT omission NN or CC irregular JJ completion NN of IN a DT formality NN prescribed VVN for IN the DT formation NN of IN the DT firm NN . SENT In IN case NN of IN amendment NN of IN the DT memorandum NN or CC of IN the DT articles NNS , , the DT provisions NNS of IN the DT preceding JJ paragraph NN shall MD apply VV to TO the DT members NNS of IN the DT management NN , , direction NN and CC administrative JJ organs NNS then RB in IN office NN . SENT The DT action NN is VBZ time NN barred VVN after IN ten CD years NNS from IN the DT day NN when WRB one PP or CC the DT other JJ , , according VVG to TO the DT circumstances NNS , , of IN the DT formalities NNS provided VVN for IN in IN Article NP 1839 CD , , paragraph NN 3 CD , , has VHZ been VBN completed VVN . SENT Art NN . SENT 1841 CD Firms NNS which WDT have VHP not RB been VBN thereto RB authorized VVN by IN statute NN are VBP prohibited VVN to TO make VV public JJ offerings NNS or CC to TO issue VV negotiable JJ securities NNS , , on IN pain NN of IN invalidity NN of IN the DT contracts NNS concluded VVD or CC of IN the DT securities NNS issued VVD . SENT Art NN . SENT 1842 CD Firms NNS other JJ than IN the DT undisclosed JJ partnerships NNS referred VVD to TO in IN Chapter NP III NP enjoy VVP juridical JJ personality NN from IN their PP$ registration NN . SENT Until IN registration NN the DT relations NNS between IN members NNS are VBP governed VVN by IN the DT firm NN agreement NN and CC by IN the DT general JJ principles NNS of IN law NN which WDT apply VVP to TO contracts NNS and CC obligations NNS . SENT Art NN . SENT 1843 NP Persons NP who WP have VHP acted VVN on IN behalf NN of IN a DT firm NN in IN the DT making NN before IN registration NN are VBP liable JJ for IN the DT obligations NNS arising VVG from IN the DT acts NNS so RB performed VVN , , jointly RB and CC severally RB where WRB the DT firm NN is VBZ a DT merchant NN , , jointly RB in IN the DT other JJ cases NNS . SENT A DT firm NN regularly RB registered VVN may MD take VV upon IN itself PP the DT undertakings NNS entered VVD into IN , , which WDT are VBP then RB deemed VVN to TO have VH been VBN contracted VVN by IN it PP as RB from IN the DT outset NN . SENT Art NN . SENT 1843 CD 1 CD A DT contribution NN of IN property NN or CC of IN a DT right JJ subject NN to TO registration NN in IN order NN to TO be VB effective JJ as RB against IN third JJ parties NNS may MD be VB registered VVN before IN the DT registration NN of IN the DT firm NN and CC on IN condition NN that IN the DT latter NN takes VVZ place NN . SENT From IN the DT latter NN , , the DT effects NNS of IN the DT formality NN retroact VV to TO the DT date NN of IN its PP$ fulfilment NN . SENT Art NN . SENT 1843 CD 2 CD The DT rights NNS of IN each DT member NN in IN the DT capital NN of IN the DT firm NN are VBP in IN proportion NN to TO his PP$ contribution NN at IN the DT time NN of IN the DT formation NN of IN the DT firm NN or CC in IN the DT course NN of IN its PP$ existence NN . SENT Act NP n NN 82 CD 596 CD of IN 10 CD July NP 1982 CD Contributions NNS in IN industry NN do VVP not RB take VV part NN in IN the DT formation NN of IN the DT capital NN of IN the DT firm NN but CC give VV rise NN to TO an DT assigning VVG of IN shares NNS which WDT entitles VVZ to TO the DT partition NN of IN profits NNS and CC net JJ assets NNS , , on IN condition NN that IN the DT losses NNS are VBP contributed VVN to TO . SENT Art NN . SENT 1843 CD 3 CD Each DT member NN is VBZ debtor JJ towards IN the DT firm NN for IN all DT that IN he PP has VHZ promised VVN to TO contribute VV to TO it PP in IN kind NN , , in IN money NN or CC in IN industry NN . SENT Contributions NNS in IN kind NN shall MD be VB executed VVN by IN transfer NN of IN the DT corresponding JJ rights NNS and CC by IN the DT actual JJ availability NN of IN the DT property NN . SENT Where WRB a DT contribution NN relates VVZ to TO ownership NN , , the DT contributor NN is VBZ warrantor NN towards IN the DT firm NN in IN the DT same JJ way NN as IN a DT seller NN towards IN his PP$ buyer NN . SENT Where WRB it PP relates VVZ to TO enjoyment NN , , the DT contributor NN is VBZ warrantor NN towards IN the DT firm NN in IN the DT same JJ way NN as IN a DT lessor NN towards IN his PP$ lessee NN . SENT However RB , , where WRB a DT contribution NN relating VVG to TO enjoyment NN concerns NNS generic JJ things NNS or CC any DT other JJ property NN bound VVN to TO be VB renewed VVN during IN the DT duration NN of IN the DT firm NN , , the DT contract NN transfers VVZ to TO the DT latter NN the DT ownership NN of IN the DT property NN contributed VVD , , on IN condition NN that IN he PP returns VVZ a DT same JJ quantity NN , , quality NN and CC value NN thereof RB . SENT in IN that DT case NN , , the DT contributor NN is VBZ warrantor NN in IN the DT way NN provided VVD for IN in IN the DT preceding JJ paragraph NN . SENT The DT member NN who WP was VBD to TO contribute VV a DT sum NN to TO the DT firm NN and CC has VHZ not RB done VVN so RB , , becomes VVZ by IN operation NN of IN law NN and CC without IN notice NN , , debtor NN for IN interests NNS on IN that DT sum NN from IN the DT day NN when WRB it PP should MD have VH been VBN paid VVN and CC without IN prejudice NN to TO greater JJR damages NNS , , if IN there EX is VBZ occasion NN . SENT Furthermore RB , , where WRB calls NNS for IN funds NNS in IN order NN to TO pay VV up RP the DT full JJ amount NN of IN capital NN have VHP not RB been VBN made VVN within IN a DT statutory JJ period NN , , any DT person NN concerned VVN may MD apply VV to TO the DT president NN of IN the DT court NN who WP shall MD decide VV by IN way NN of IN interim JJ relief NN proceedings NNS either CC to TO order VV the DT administrators NNS , , directors NNS and CC managers NNS to TO carry VV out RP those DT calls NNS for IN funds NNS by IN imposing VVG a DT periodic JJ penalty NN payment NN , , or CC to TO appoint VV an DT agent NN in IN charge NN of IN carrying VVG out RP that IN formality NN Act NP n NN 2001 CD 420 CD of IN 15 CD May NP 2001 CD . SENT The DT member NN who WP has VHZ bound VVN himself PP to TO contribute VV his PP$ industry NN to TO the DT firm NN shall MD account VV to TO it PP for IN all PDT the DT profits NNS which WDT he PP has VHZ gained VVN through IN the DT activity NN which WDT is VBZ the DT subject JJ matter NN of IN his PP$ contribution NN . SENT Art NN . SENT 1843 CD 4 CD In IN all DT cases NNS considering VVG the DT assignment NN of IN a DT member NN s PP rights NNS in IN the DT firm NN , , or CC the DT redemption NN of IN those DT rights NNS by IN the DT firm NN , , the DT value NN of IN those DT rights NNS shall MD be VB determined VVN , , in IN case NN of IN dispute NN , , by IN an DT expert NN appointed VVN , , either CC by IN the DT parties NNS , , or CC failing VVG an DT agreement NN between IN them PP , , by IN order NN of IN the DT president NN of IN the DT court NN who WP shall MD decide VV by IN way NN of IN interim JJ relief NN proceedings NNS and CC whose WP$ judgment NN shall MD be VB final JJ . SENT Art NN . SENT 1843 CD 5 CD Act NP n NN 88 CD 15 CD of IN 5 CD Jan NP . SENT 1988 CD In IN addition NN to TO an DT action NN for IN compensation NN for IN the DT loss NN personally RB suffered VVD , , one NN or CC several JJ members NNS may MD institute VV an DT action NN on IN behalf NN of IN the DT firm NN against IN the DT directors NNS . SENT The DT claimants NNS are VBP entitled VVN to TO seek VV compensation NN for IN the DT loss NN suffered VVD by IN the DT firm NN . SENT in IN case NN of IN award NN , , the DT damages NNS shall MD be VB allocated VVN to TO the DT firm NN . SENT Shall MD be VB deemed VVN not RB written VVN any DT clause NN of IN the DT memorandum NN or CC of IN the DT articles NNS leading VVG to TO subordinate VV the DT bringing VVG of IN an DT action NN on IN behalf NN of IN a DT firm NN to TO a DT preliminary JJ opinion NN or CC to TO the DT authorization NN of IN the DT meeting NN of IN the DT members NNS or CC which WDT would MD imply VV anticipated JJ waiver NN of IN the DT bringing VVG of IN that DT action NN . SENT No DT decision NN of IN a DT meeting NN of IN members NNS may MD lead VV to TO extinguish VV an DT action NN for IN compensation NN against IN the DT directors NNS for IN fault NN committed VVN in IN the DT fulfilment NN of IN their PP$ duties NNS . SENT Art NN . SENT 1844 CD Every DT member NN has VHZ the DT right NN to TO participate VV in IN collective JJ decisions NNS . SENT The DT co NP owners NNS of IN an DT undivided JJ share NN of IN the DT capital NN shall MD be VB represented VVN by IN a DT single JJ proxy NN , , chosen VVN among IN the DT undivided JJ owners NNS or CC outside JJ . SENT In IN case NN of IN disagreement NN , , the DT proxy NN shall MD be VB designated VVN in IN court NN , , at IN the DT suit NN of IN the DT first JJ requesting VVG party NN . SENT Where WRB a DT share NN is VBZ burdened VVN with IN a DT usufruct NN , , the DT right NN to TO vote VV belongs VVZ to TO the DT bare JJ owner NN , , except IN for IN decisions NNS relating VVG to TO the DT allocation NN of IN profits NNS , , in IN which WDT case NN it PP is VBZ reserved VVN for IN the DT usufructuary NN . SENT The DT memorandum NN or CC the DT articles NNS may MD derogate VV from IN the DT two CD preceding JJ paragraphs NNS . SENT Art NN . SENT 1844 CD 1 CD Unless IN otherwise RB agreed VVN , , the DT share NN of IN each DT member NN in IN the DT profits NNS and CC his PP$ contribution NN to TO losses NNS are VBP determined VVN in IN proportion NN to TO his PP$ hare NN in IN the DT capital NN of IN the DT firm NN and CC the DT share NN of IN a DT member NN who WP has VHZ contributed VVN only RB his PP$ industry NN is VBZ equal JJ to TO that DT of IN the DT member NN who WP has VHZ contributed VVN the DT least JJS . SENT However RB , , a DT stipulation NN by IN which WDT a DT member NN is VBZ allotted VVN the DT whole NN of IN the DT profit NN gained VVD by IN the DT firm NN , , or CC is VBZ released VVN for IN the DT whole NN of IN the DT losses NNS , , the DT one NN by IN which WDT a DT member NN is VBZ excluded VVN in IN whole NN from IN the DT profit NN or CC is VBZ liable JJ for IN the DT whole NN of IN the DT losses NNS shall MD be VB deemed VVN not RB written VVN . SENT Art NN . SENT 1844 CD 2 CD Act NP n NN 78 CD 753 CD of IN 17 CD July NP 1978 CD A DT mortgage NN or CC any DT other JJ security NN in IN rem NP on IN property NN of IN the DT firm NN may MD be VB given VVN by IN virtue NN of IN powers NNS resulting VVG from IN resolutions NNS or CC delegations NNS established VVN under IN private JJ signatures NNS , , although IN the DT mortgage NN or CC of IN the DT security NN must MD be VB granted VVN by IN an DT authentic JJ instrument NN . SENT Art NN . SENT 1844 CD 3 CD The DT proper JJ transformation NN of IN a DT firm NN into IN a DT firm NN of IN another DT type NN does VVZ not RB involve VV the DT creation NN of IN a DT new JJ juridical JJ person NN . SENT It PP shall MD be VB the DT same JJ as RB to TO extension NN of IN duration NN or CC any DT other JJ amendment NN of IN the DT memorandum NN or CC articles NNS . SENT Art NN . SENT 1844 CD 4 CD A DT firm NN , , even RB in IN liquidation NN , , may MD be VB absorbed VVN by IN another DT firm NN or CC participate VV in IN the DT formation NN of IN a DT new JJ firm NN , , by IN way NN of IN merger NN . SENT It PP may MD also RB transfer VV its PP$ patrimony NN by IN way NN of IN split NN off RP to TO existing VVG or CC new JJ firms NNS . SENT Those DT dealings NNS may MD occur VV between IN firms NNS of IN different JJ types NNS . SENT They PP shall MD be VB decided VVN , , by IN each DT firm NN concerned VVN , , in IN the DT way NN provided VVD for IN as IN to TO amendment NN of IN the DT memorandum NN or CC articles NNS . SENT Where WRB the DT dealing NN involves VVZ the DT creation NN of IN new JJ firms NNS , , each DT of IN them PP shall MD be VB formed VVN in IN accordance NN with IN the DT rules NNS appropriate JJ to TO the DT type NN of IN firm NN adopted VVD . SENT Art NN . SENT 1844 CD 5 CD The DT reuniting VVG of IN all PDT the DT shares NNS of IN the DT capital NN into IN a DT single JJ hand NN does VVZ not RB involve VV the DT dissolution NN of IN the DT firm NN by IN operation NN of IN law NN . SENT Any DT person NN concerned VVN may MD apply VV for IN that DT dissolution NN where WRB the DT situation NN has VHZ not RB been VBN regularized VVN within IN the DT period NN of IN one CD year NN . SENT The DT court NN may MD grant VV the DT firm NN a DT maximum JJ period NN of IN six CD months NNS to TO regularize VV the DT situation NN . SENT It PP may MD not RB rule VV for IN dissolution NN where WRB , , on IN the DT day NN when WRB it PP decides VVZ , , that DT regularization NN has VHZ occurred VVN Act NP n NN 81 CD 1161 CD of IN 30 CD Dec NP . SENT 1981 CD . SENT The DT fact NN that IN the DT usufruct NN of IN all PDT the DT shares NNS of IN capital NN belongs VVZ to TO the DT same JJ person NN has VHZ no DT consequence NN as RB to TO the DT existence NN of IN the DT firm NN . SENT In IN case NN of IN dissolution NN , , it PP involves VVZ the DT universal JJ transfer NN of IN the DT patrimony NN of IN the DT firm NN to TO the DT sole JJ member NN , , without IN there RB being VBG occasion NN for IN liquidation NN . SENT The DT creditors NNS may MD object VV to TO the DT dissolution NN within IN a DT period NN of IN thirty CD days NNS after IN the DT recording NN of IN the DT latter NN . SENT A DT judicial JJ decision NN shall MD dismiss VV the DT objection NN or CC order NN either CC the DT payment NN of IN the DT claims NNS , , or CC the DT constitution NN of IN warranties NNS where WRB the DT firm NN offers VVZ any DT and CC where WRB they PP are VBP considered VVN sufficient JJ . SENT The DT transfer NN of IN the DT patrimony NN is VBZ carried VVN out RP and CC the DT juridical JJ person NN vanishes VVZ only RB at IN the DT end NN of IN the DT period NN for IN objection NN or CC , , if IN there EX is VBZ occasion NN , , where WRB the DT objection NN has VHZ been VBN dismissed VVN in IN first JJ instance NN or CC where WRB the DT payment NN of IN the DT claims NNS has VHZ been VBN made VVN or CC the DT warranties NNS constituted VVD Act NP n NN 88 CD 15 CD of IN 5 CD Jan NP . SENT 1988 CD The NP provisions NNS of IN paragraph NN 3 CD shall MD not RB apply VV to TO firms NNS whose WP$ sole JJ member NN is VBZ a DT natural JJ person NN Act NP n NN 2001 CD 420 CD of IN 15 CD May NP 2001 CD . SENT Art NN . SENT 1844 CD 6 CD An DT extension NN of IN the DT duration NN of IN a DT firm NN must MD be VB decided VVN by IN a DT unanimous JJ vote NN of IN the DT members NNS , , or CC , , where WRB the DT memorandum NN or CC articles NNS so RB provide VVP , , by IN the DT majority NN required VVN for IN their PP$ amendment NN . SENT One CD year NN at IN least JJS before IN the DT date NN of IN the DT expiry NN of IN the DT firm NN , , the DT opinion NN of IN the DT members NNS must MD be VB taken VVN for IN the DT purpose NN of IN deciding VVG whether IN the DT duration NN of IN the DT firm NN must MD be VB extended VVN . SENT Failing VVG which WDT , , any DT member NN may MD apply VV to TO the DT president NN of IN the DT court NN ruling NN by IN interim JJ ex JJ parte NN order NN , , for IN the DT appointment NN of IN a DT judicial JJ agent NN in IN charge NN of IN instituting VVG the DT consultation NN provided VVN for IN above RB . SENT Art NN . SENT 1844 CD 7 CD A DT firm NN comes VVZ to TO an DT end NN . SENT 1 CD By IN the DT expiry NN of IN the DT time NN for IN which WDT it PP was VBD formed VVN , , except IN for IN an DT extension NN of IN duration NN decided VVN in IN accordance NN with IN Article NP 1844 CD 6 CD . SENT 2 CD By IN the DT achievement NN or CC the DT extinction NN of IN its PP$ objects NNS . SENT 3 CD By IN annulment NN of IN the DT firm NN agreement NN . SENT 4 CD By IN anticipated JJ dissolution NN decided VVD by IN the DT members NNS . SENT 5 CD By IN anticipated JJ dissolution NN ordered VVN by IN the DT court NN on IN application NN of IN a DT member NN for IN just JJ reasons NNS , , notably RB in IN case NN of IN non JJ performance NN of IN his PP$ obligations NNS by IN a DT member NN , , or CC of IN disagreement NN between IN members NNS which WDT paralyses VVZ the DT running NN of IN the DT firm NN . SENT 6 CD By IN anticipated JJ dissolution NN ordered VVN by IN the DT court NN in IN the DT case NN provided VVD for IN in IN Article NP 1844 CD 5 CD . SENT 7 CD By IN the DT effect NN of IN a DT judgment NN ordering VVG the DT winding VVG up RP or CC total JJ transfer NN of IN the DT assets NNS of IN the DT firm JJ Act NP n NN 88 CD 15 CD of IN 5 CD Jan NP . SENT 1988 CD . SENT 8 CD For IN any DT other JJ reason NN specified VVN in IN the DT memorandum NN or CC articles NNS . SENT Art NN . SENT 1844 CD 8 CD The DT dissolution NN of IN a DT firm NN involves VVZ its PP$ liquidation NN , , except IN for IN the DT cases NNS provided VVN for IN by IN Article NP 1844 CD 4 CD and CC by IN Article NP 1844 CD 5 CD , , paragraph NN 3 CD Act NP n NN 88 CD 15 CD of IN 5 CD Jan NP . SENT 1988 CD . SENT It PP is VBZ effective JJ against IN third JJ persons NNS only RB after IN it PP has VHZ been VBN recorded VVN . SENT A DT liquidator NN shall MD be VB appointed VVN in IN accordance NN with IN the DT provisions NNS of IN the DT memorandum NN or CC of IN the DT articles NNS . SENT Where WRB they PP are VBP silent JJ , , he PP shall MD be VB appointed VVN by IN the DT members NNS or CC , , where WRB the DT latter NN were VBD unable JJ to TO make VV that DT appointment NN , , by IN order NN of IN the DT court NN . SENT A DT liquidator NN may MD be VB dismissed VVN in IN the DT same JJ manner NN . SENT The DT appointment NN and CC the DT dismissal NN are VBP effective JJ against IN third JJ persons NNS only RB after IN they PP have VHP been VBN recorded VVN . SENT Neither CC the DT firm NN nor CC third JJ persons NNS may MD , , in IN order NN to TO elude VV their PP$ undertakings NNS , , avail VV themselves PP of IN an DT irregularity NN in IN the DT appointment NN or CC dismissal NN of IN a DT liquidator NN , , where WRB the DT latter NN has VHZ been VBN duly RB recorded VVN . SENT The DT juridical JJ personality NN of IN a DT firm NN still RB exists VVZ for IN the DT needs NNS of IN liquidation NN until IN recording NN of IN its PP$ closing NN . SENT Where WRB the DT closing NN of IN a DT liquidation NN has VHZ not RB happened VVN within IN three CD years NNS after IN the DT dissolution NN , , the DT Government NP procurator NN s PP office NN or CC any DT person NN concerned VVN may MD refer VV the DT matter NN to TO the DT court NN which WDT shall MD have VH the DT liquidation NN instituted VVN or CC completed VVN , , where WRB it PP has VHZ begun VVN . SENT Art NN . SENT 1844 CD 9 CD After IN paying VVG the DT debts NNS and CC reimbursing VVG the DT capital NN of IN the DT firm NN , , the DT partition NN of IN the DT assets NNS shall MD be VB made VVN among IN the DT members NNS in IN the DT same JJ proportion NN as IN their PP$ participation NN in IN the DT profits NNS , , except IN for IN clause NN or CC agreement NN to TO the DT contrary NN . SENT The DT rules NNS relating VVG to TO the DT partition NN of IN successions NNS , , including VVG preferential JJ allotment NN , , shall MD apply VV to TO partitions NNS between IN members NNS of IN a DT firm NN or CC company NN . SENT However RB , , the DT members NNS may MD lawfully RB decide VV , , either CC in IN the DT memorandum NN or CC articles NNS , , or CC by IN a DT separate JJ resolution NN or CC instrument NN , , that DT certain JJ property NN shall MD be VB allotted VVN to TO certain JJ members NNS . SENT Failing VVG which WDT , , any DT property NN contributed VVD which WDT is VBZ found VVN in IN kind NN in IN the DT assets NNS to TO be VB partitioned VVN shall MD be VB allotted VVN , , on IN his PP$ request NN and CC on IN condition NN of IN adjustment NN , , if IN there EX is VBZ occasion NN , , to TO the DT member NN who WP had VHD contributed VVN it PP . SENT That DT faculty NN shall MD be VB exercised VVN before IN any DT other JJ right NN to TO a DT preferential JJ allotment NN . SENT All DT members NNS , , or CC some DT of IN them PP only RB , , may MD also RB remain VV in IN undivided JJ ownership NN of IN all DT or CC part NN of IN the DT property NN of IN the DT firm NN . SENT Their PP$ relationships NNS as RB to TO that DT property NN shall MD be VB then RB regulated VVN , , at IN the DT close NN of IN the DT liquidation NN , , by IN the DT provisions NNS relating VVG to TO undivided JJ ownership NN . SENT Art NN . SENT 1844 CD 10 CD Annulment NN of IN a DT firm NN may MD result VV only RB from IN the DT infringement NN of IN the DT provisions NNS of IN Articles NNS 1832 CD , , 1832 CD 1 CD , , paragraph NN 1 CD , , and CC 1833 CD or CC from IN one CD of IN the DT grounds NNS for IN annulment NN of IN contracts NNS in IN general NN . SENT Any DT clause NN of IN the DT memorandum NN or CC of IN the DT articles NNS contrary JJ to TO a DT mandatory JJ provision NN of IN this DT Title NP , , the DT sanction NN of IN whose WP$ infringement NN is VBZ not RB annulment NN of IN the DT firm NN , , shall MD be VB deemed VVN not RB written VVN . SENT Annulment NN of IN transactions NNS or CC resolutions NNS of IN the DT organs NNS of IN a DT firm NN may MD result VV only RB from IN the DT infringement NN of IN a DT mandatory JJ provision NN of IN this DT Title NP or CC from IN one CD of IN the DT grounds NNS for IN annulment NN of IN contracts NNS in IN general NN . SENT Art NN . SENT 1844 CD 11 CD An DT action NN for IN annulment NN is VBZ extinguished VVN where WRB the DT ground NN for IN annulment NN has VHZ ceased VVN to TO exist VV on IN the DT day NN when WRB the DT court NN rules NNS on IN the DT merits NNS in IN first JJ instance NN , , unless IN that DT annulment NN is VBZ based VVN on IN the DT wrongfulness NN of IN the DT objects NNS of IN the DT firm NN . SENT Art NN . SENT 1844 CD 12 CD In IN case NN of IN annulment NN of IN a DT firm NN or CC of IN transactions NNS or CC resolutions NNS subsequent JJ to TO its PP$ formation NN , , based VVN on IN a DT defect NN in IN consent NN or CC on IN the DT disability NN of IN a DT member NN , , and CC where WRB regularization NN may MD take VV place NN , , any DT person NN having VHG an DT interest NN therein RB may MD put VV on IN notice NN the DT person NN who WP is VBZ able JJ of IN doing VVG so RB , , either CC to TO regularize VV , , or CC to TO sue VV for IN annulment NN within IN a DT period NN of IN six CD months NNS on IN pain NN of IN being VBG time NN barred VVN . SENT The DT firm NN shall MD be VB informed VVN of IN that IN putting VVG on IN notice NN . SENT The DT firm NN or CC a DT member NN may MD submit VV to TO the DT court NN seized VVN within IN the DT period NN provided VVD for IN in IN the DT preceding JJ paragraph NN , , any DT measure NN appropriate JJ to TO clear VV away RP the DT interest NN of IN the DT plaintiff NN , , particularly RB through IN the DT redemption NN of IN his PP$ rights NNS in IN the DT firm NN . SENT In IN that DT case NN the DT court NN may MD , , either DT rule NN for IN annulment NN or CC make VV compulsory JJ the DT proposed VVN measure NN where WRB they PP have VHP been VBN previously RB adopted VVN by IN the DT firm NN in IN the DT conditions NNS provided VVN for IN the DT amendments NNS of IN the DT memorandum NN or CC of IN the DT articles NNS . SENT The DT vote NN of IN the DT member NN whose WP$ redemption NN of IN the DT rights NNS is VBZ applied VVN for IN is VBZ of IN no DT effect NN on IN the DT decisions NNS of IN the DT firm NN . SENT In IN case NN of IN dispute NN , , the DT value NN of IN the DT rights NNS in IN the DT firm NN to TO redeem VV from IN a DT member NN shall MD be VB determined VVN in IN accordance NN with IN the DT provisions NNS of IN Article NP 1843 CD 4 CD . SENT Art NN . SENT 1844 CD 13 CD A DT court NN to TO which WDT an DT action NN for IN annulment NN has VHZ been VBN referred VVN , , may MD , , even RB of IN its PP$ own JJ motion NN , , fix VV a DT period NN to TO allow VV for IN the DT remedy NN of IN the DT invalidities NNS . SENT It PP may MD not RB order VV annulment NN less JJR than IN two CD months NNS after IN the DT date NN of IN the DT originating VVG process NN . SENT Where WRB , , in IN order NN to TO remedy VV an DT invalidity NN , , a DT meeting NN must MD be VB convened VVN , , or CC a DT consultation NN of IN the DT members NNS take VVP place NN , , and CC where WRB proof NN is VBZ given VVN of IN a DT proper JJ notice NN convening VVG that IN meeting NN or CC of IN the DT sending VVG to TO the DT members NNS of IN the DT text NN of IN the DT proposed VVN resolutions NNS with IN the DT documents NNS which WDT must MD be VB communicated VVN to TO them PP , , the DT court NN shall MD grant VV by IN judgment NN the DT period NN necessary JJ for IN the DT members NNS to TO come VV to TO a DT decision NN . SENT Art NN . SENT 1844 CD 14 CD The DT actions NNS for IN annulment NN of IN a DT firm NN or CC of IN transactions NNS or CC resolutions NNS subsequent JJ to TO its PP$ formation NN are VBP time NN barred VVN after IN three CD years NNS from IN the DT day NN when WRB annulment NN was VBD incurred VVN . SENT Art NN . SENT 1844 CD 15 CD Where WRB annulment NN of IN a DT firm NN is VBZ ordered VVN , , it PP puts VVZ an DT end NN , , without IN retroactivity NN , , to TO the DT performance NN of IN the DT contract NN . SENT As RB regards VVZ the DT juridical JJ person NN which WDT may MD have VH come VVN into IN being VBG , , it PP produces VVZ the DT effects NNS of IN a DT judicially RB ordered VVN dissolution NN . SENT Art NN . SENT 1844 CD 16 CD Neither CC the DT firm NN nor CC the DT members NNS may MD avail VV themselves PP of IN an DT annulment NN with IN regard NN to TO third JJ parties NNS in IN good JJ faith NN . SENT However RB , , annulment NN resulting VVG from IN a DT disability NN or CC from IN one CD of IN the DT defects NNS in IN consent NN is VBZ available JJ even RB against IN third JJ parties NNS by IN the DT person NN under IN a DT disability NN and CC his PP$ statutory JJ representatives NNS , , or CC by IN the DT member NN whose WP$ consent NN was VBD abused VVN by IN error NN , , deception NN or CC duress NN . SENT Art NN . SENT 1844 CD 17 CD An DT action NN for IN compensation NN based VVN on IN the DT annulment NN of IN the DT firm NN or CC of IN transactions NNS and CC resolutions NNS subsequent JJ to TO the DT formation NN is VBZ time NN barred VVN after IN three CD years NNS from IN the DT day NN when WRB the DT judgment NN of IN annulment NN has VHZ become VVN res NN judicata NNS . SENT The DT vanishing VVG of IN the DT ground NN for IN annulment NN is VBZ not RB a DT bar NN to TO the DT bringing VVG of IN an DT action NN for IN damages NNS for IN the DT purpose NN of IN compensating VVG the DT loss NN caused VVN by IN the DT defect NN by IN which WDT the DT firm NN , , the DT transaction NN or CC the DT resolution NN was VBD vitiated VVN . SENT That DT action NN is VBZ time NN barred VVN after IN three CD years NNS from IN the DT day NN when WRB the DT invalidity NN was VBD remedied VVN . SENT CHAPTER NN II NP OF IN PARTNERSHIP NN FOR IN NON JJ COMMERCIAL JJ PURPOSES NNS Section NP I NP General NP Provisions NNS Art NN . SENT 1845 CD The NP provisions NNS of IN this DT Chapter NN shall MD apply VV to TO all DT firms NNS for IN non JJ commercial JJ purposes NNS , , unless IN they PP are VBP derogated VVN from IN by IN the DT particular JJ statutory JJ status NN to TO which WDT some DT of IN them PP are VBP subject JJ . SENT Have VHP non JJ commercial JJ character NN all DT firms NNS to TO which WDT legislations NNS does VVZ not RB attribute VV another DT character NN by IN reason NN of IN their PP$ form NN , , nature NN or CC objects NNS . SENT Art NN . SENT 1845 CD 1 CD The DT capital NN of IN a DT partnership NN shall MD be VB divided VVN into IN equal JJ shares NNS . SENT Act NP n NN 2001 CD 1168 CD of IN 11 CD Dec NP . SENT 2001 CD The NP provisions NNS of IN Chapter NP I NP of IN Title NP III NP of IN Book NP II NP of IN the DT Commercial NP Code NP relating VVG to TO the DT variable JJ capital NN of IN companies NNS shall MD apply VV to TO partnerships NNS for IN non JJ commercial JJ purposes NNS . SENT Section NP II NP Of IN Management NP Art NP . SENT 1846 CD . SENT A DT partnership NN shall MD be VB managed VVN by IN one CD or CC several JJ persons NNS , , partners NNS or CC not RB , , appointed VVN either RB by IN the DT articles NNS of IN partnership NN , , or CC by IN a DT special JJ act NN , , or CC by IN a DT resolution NN of IN the DT partners NNS . SENT The DT articles NNS shall MD fix VV the DT rules NNS for IN the DT designation NN of IN the DT manager NN or CC managers NNS and CC the DT method NN of IN organization NN of IN the DT management NN . SENT Unless IN otherwise RB provided VVN in IN the DT articles NNS , , a DT manager NN shall MD be VB appointed VVN by IN a DT resolution NN of IN the DT partners NNS representing VVG more JJR than IN half NN of IN the DT shares NNS of IN the DT partnership NN . SENT Where WRB the DT articles NNS are VBP silent JJ , , and CC where WRB the DT partners NNS have VHP not RB decided VVN otherwise RB at IN the DT time NN of IN the DT appointment NN , , the DT managers NNS shall MD be VB deemed VVN appointed VVN for IN the DT duration NN of IN the DT partnership NN . SENT Where WRB , , for IN whatever WDT reason NN , , a DT partnership NN is VBZ deprived VVN of IN a DT manager NN , , any DT partner NN may MD apply VV to TO the DT president NN of IN the DT court NN deciding VVG by IN interim JJ relief NN order NN for IN the DT designation NN of IN a DT judicial JJ agent NN in IN charge NN of IN convening VVG a DT meeting NN of IN the DT partners NNS for IN the DT purpose NN of IN appointing VVG one NN or CC several JJ managers NNS . SENT Art NN . SENT 1846 CD 1 CD Apart RB from IN the DT cases NNS referred VVD to TO in IN Article NP 1844 CD 7 CD , , a DT partnership NN comes VVZ to TO an DT end NN through IN anticipated JJ dissolution NN which WDT a DT court NN may MD order VV on IN application NN of IN any DT person NN concerned JJ , , where WRB it PP has VHZ been VBN devoid JJ of IN manager NN for IN more JJR than IN one CD year NN . SENT Art NN . SENT 1846 CD 2 CD The DT appointment NN and CC cessation NN of IN duties NNS of IN the DT managers NNS must MD be VB recorded VVN . SENT Neither CC a DT partnership NN nor CC third JJ parties NNS may MD avail VV themselves PP of IN an DT irregularity NN in IN the DT appointment NN of IN managers NNS or CC in IN the DT cessation NN of IN their PP$ duties NNS in IN order NN to TO elude VV their PP$ undertakings NNS , , where WRB those DT decisions NNS have VHP been VBN duly RB recorded VVN . SENT Art NN . SENT 1847 CD Where WRB a DT juridical JJ person NN carries VVZ on IN the DT management NN , , its PP$ managers NNS are VBP subject JJ to TO the DT same JJ conditions NNS and CC obligations NNS and CC incur VV the DT same JJ civil JJ and CC penal JJ liabilities NNS as IN though IN they PP were VBD managers NNS on IN their PP$ own JJ behalf NN , , without IN prejudice NN to TO the DT joint JJ and CC several JJ liability NN of IN the DT juridical JJ person NN which WDT they PP direct JJ . SENT Art NN . SENT 1848 CD In IN the DT relationships NNS between IN partners NNS , , a DT manager NN may MD do VV all PDT the DT acts NNS of IN management NN which WDT the DT interest NN of IN the DT partnership NN requires VVZ . SENT Where WRB there EX are VBP several JJ managers NNS , , they PP exercise VVP those DT powers NNS separately RB , , except IN for IN the DT right NN which WDT belongs VVZ to TO each DT of IN them PP to TO object VV to TO a DT transaction NN before IN it PP is VBZ concluded VVN . SENT All DT of IN which WDT failing VVG a DT special JJ provision NN in IN the DT articles NNS on IN the DT method NN of IN administration NN . SENT Art NN . SENT 1849 CD In IN the DT relationships NNS with IN third JJ parties NNS , , a DT manager NN binds VVZ the DT partnership NN through IN transactions NNS which WDT fall VVP under IN the DT objects NNS of IN the DT partnership NN . SENT In IN case NN of IN plurality NN of IN managers NNS , , they PP possess VVP separately RB the DT powers NNS provided VVN for IN in IN the DT preceding JJ paragraph NN . SENT An DT objection NN made VVN by IN one CD manager NN to TO the DT transactions NNS of IN another DT manager NN is VBZ of IN no DT effect NN with IN regard NN to TO third JJ parties NNS , , unless IN it PP is VBZ proved VVN that IN they PP have VHP had VHD knowledge NN of IN it PP . SENT Clauses NNS of IN the DT articles NNS limiting VVG the DT powers NNS of IN the DT managers NNS may MD not RB be VB invoked VVN against IN third JJ parties NNS . SENT Art NN . SENT 1850 CD Each DT manager NN is VBZ liable JJ individually RB towards IN the DT partnership NN and CC towards IN third JJ parties NNS , , either CC for IN violations NNS of IN statutes NNS and CC regulations NNS , , or CC for IN an DT infringement NN of IN the DT articles NNS , , or CC for IN faults NNS committed VVN in IN his PP$ management NN . SENT Where WRB several JJ managers NNS have VHP participated VVN in IN the DT same JJ acts NNS , , their PP$ liability NN is VBZ joint JJ and CC several JJ towards IN third JJ parties NNS and CC partners NNS . SENT However RB , , in IN their PP$ relationships NNS between IN them PP , , the DT court NN shall MD determine VV the DT contributory JJ share NN of IN each DT in IN the DT compensation NN for IN the DT loss NN . SENT Art NN . SENT 1851 CD Unless IN the DT articles NNS provide VVP otherwise RB , , a DT manager NN may MD be VB dismissed VVN by IN a DT resolution NN of IN the DT partners NNS representing VVG more JJR than IN half NN of IN the DT shares NNS of IN the DT partnership NN . SENT Where WRB a DT dismissal NN is VBZ decided VVN without IN just RB reason NN , , it PP may MD give VV rise VV to TO damages NNS A DT manager NN may MD also RB be VB dismissed VVN by IN the DT courts NNS for IN a DT legitimate JJ cause NN , , on IN application NN of IN any DT partner NN . SENT Unless IN otherwise RB provided VVN , , the DT dismissal NN of IN a DT manager NN , , whether IN he PP is VBZ a DT partner NN or CC not RB , , does VVZ not RB involve VV dissolution NN of IN the DT partnership NN . SENT Where WRB the DT dismissed VVN manager NN is VBZ a DT partner NN , , he PP may MD , , unless IN the DT articles NNS provide VVP otherwise RB , , or CC the DT other JJ partners NNS decide VVP anticipated JJ dissolution NN of IN the DT partnership NN , , withdraw VV from IN it PP in IN the DT way NN provided VVD for IN in IN Article NP 1869 CD , , paragraph NN 2 CD . SENT Section NP III NP Of IN Collective JJ Resolutions NNS Art NN . SENT 1852 CD Resolutions NNS which WDT exceed VVP the DT powers NNS conferred VVD upon IN managers NNS shall MD be VB passed VVN according VVG to TO the DT provisions NNS of IN the DT articles NNS or CC , , failing VVG such JJ provisions NNS , , by IN the DT partners NNS unanimously RB . SENT Art NN . SENT 1853 CD Resolutions NNS shall MD be VB passed VVN by IN the DT partners NNS convened VVN in IN a DT meeting NN . SENT The DT articles NNS may MD also RB provide VV that IN they PP will MD result VV from IN a DT written JJ consultation NN . SENT Art NN . SENT 1854 CD Resolutions NNS may MD also RB result VV from IN the DT consent NN of IN all PDT the DT partners NNS expressed VVN in IN an DT instrument NN . SENT Section NP IV NP Of IN Notice NP to TO Partners NP Art NP . SENT 1855 CD The NP partners NNS are VBP entitled VVN to TO obtain VV , , at IN least JJS once IN a DT year NN , , notice NN of IN the DT books NNS and CC documents NNS of IN the DT partnership NN , , and CC to TO ask VV questions NNS in IN writing VVG on IN the DT management NN of IN the DT partnership NN , , to TO which WDT a DT reply NN must MD be VB made VVN in IN writing VVG within IN the DT period NN of IN one CD month NN . SENT Art NN . SENT 1856 CD The NP managers NNS must MD , , at IN least JJS once RB in IN the DT year NN , , account NN for IN their PP$ management NN to TO the DT partners NNS . SENT That DT statement NN of IN accounts NNS must MD include VV a DT comprehensive JJ written JJ report NN on IN the DT activity NN of IN the DT partnership NN during IN the DT year NN or CC the DT accounting NN period NN elapsed VVN including VVG a DT statement NN of IN the DT profits NNS realized VVN or CC foreseeable JJ and CC of IN the DT losses NNS incurred VVN or CC foreseen VVN . SENT Section NN V NN Of IN the DT Liability NN of IN Partners NPS with IN Regard NN to TO Third JJ Parties NNS Art NN . SENT 1857 CD With IN regard NN to TO third JJ parties NNS , , partners NNS are VBP liable JJ indefinitely RB for IN debts NNS of IN the DT partnership NN in IN proportion NN to TO their PP$ share NN in IN the DT capital NN of IN the DT partnership NN on IN the DT date NN when WRB falling VVG due JJ or CC on IN the DT day NN of IN cessation NN of IN payments NNS . SENT A DT partner NN who WP has VHZ contributed VVN only RB his PP$ industry NN is VBZ liable JJ like IN the DT one NN whose WP$ contribution NN in IN the DT capital NN is VBZ the DT smallest JJS . SENT Art NN . SENT 1858 CD Creditors NNS may MD sue VV a DT partner NN for IN payment NN of IN the DT debts NNS of IN the DT partnership NN only RB after IN suing VVG first JJ and CC vainly RB the DT juridical JJ person NN . SENT Art NN . SENT 1859 CD All NP actions NNS against IN partners NNS who WP are VBP not RB liquidators NNS or CC their PP$ heirs NNS and CC assigns NNS are VBP time NN barred VVN after IN five CD years NNS from IN the DT time NN when WRB the DT dissolution NN of IN the DT partnership NN has VHZ been VBN recorded VVN . SENT Art NN . SENT 1860 CD Where WRB there EX is VBZ insolvency NN , , personal JJ bankruptcy NN , , judicial JJ liquidation NN or CC judicial JJ arrangement NN befalling VVG a DT partner NN , , unless IN the DT others NNS unanimously RB decide VVP to TO dissolve VV the DT partnership NN by IN anticipation NN or CC that DT dissolution NN is VBZ provided VVN for IN by IN the DT articles NNS , , reimbursement NN shall MD be VB made VVN , , subject JJ to TO the DT conditions NNS set VVD out RP in IN Article NP 1843 CD 4 CD , , of IN the DT rights NNS in IN the DT partnership NN of IN the DT party NN concerned VVN , , who WP then RB loses VVZ the DT status NN of IN partner NN . SENT Section NP VI NP Of IN the DT Transfer NN of IN Shares NNS of IN the DT Capital NP Art NP . SENT 1861 CD Shares NNS of IN the DT capital NN may MD be VB transferred VVN only RB with IN the DT approval NN of IN all PDT the DT partners NNS . SENT The DT articles NNS may MD however RB agree VV that IN the DT approval NN will MD be VB obtained VVN by IN a DT majority NN which WDT they PP fix VV , , or CC that IN it PP may MD be VB granted VVN by IN the DT managers NNS . SENT They PP may MD also RB dispense VV from IN approval NN the DT transfers NNS made VVN to TO partners NNS or CC to TO the DT spouse NN of IN one CD of IN them PP . SENT Unless IN otherwise RB provided VVN by IN the DT articles NNS , , transfers NNS made VVD to TO ascendants NNS or CC descendants NNS of IN the DT transferor NN are VBP not RB subject JJ to TO approval NN . SENT Notice NN shall MD be VB given VVN of IN the DT planned JJ transfer NN , , with IN request NN for IN approval NN , , to TO the DT partnership NN and CC to TO each DT one NN of IN the DT partners NNS . SENT Notice NN shall MD be VB given VVN only RB to TO the DT partnership NN where WRB the DT articles NNS provide VVP that IN the DT approval NN may MD be VB granted VVN by IN the DT managers NNS . SENT Where WRB two CD spouses NNS are VBP simultaneously RB members NNS of IN one CD partnership NN , , the DT transfers NNS made VVN by IN one CD of IN them PP to TO the DT other JJ must MD , , in IN order NN to TO be VB valid JJ , , result NN from IN a DT notarial JJ instrument NN or CC from IN an DT instrument NN under IN private JJ signature NN having VHG acquired VVN an DT undisputable JJ date NN otherwise RB than IN by IN the DT death NN of IN the DT transferor NN . SENT Art NN . SENT 1862 CD Where WRB several JJ partners NNS express VVP their PP$ wish NN to TO acquire VV , , they PP are VBP , , unless IN there EX is VBZ a DT clause NN or CC an DT agreement NN to TO the DT contrary NN , , deemed VVN purchasers NNS in IN proportion NN to TO the DT number NN of IN shares NNS which WDT they PP held VVD previously RB . SENT Where WRB no DT partner NN stands VVZ as IN purchaser NN , , the DT partnership NN may MD have VH the DT shares NNS acquired VVN by IN a DT third JJ person NN designated VVN by IN the DT other JJ partners NNS unanimously RB or CC according VVG to TO the DT methods NNS provided VVN for IN by IN the DT articles NNS . SENT The DT partnership NN may MD also RB initiate VV the DT redemption NN of IN the DT shares NNS for IN the DT purpose NN of IN cancelling VVG them PP . SENT The DT transferor NN shall MD be VB given VVN notice NN of IN the DT names NNS of IN the DT proposed VVN purchaser NN or CC purchasers NNS , , partners NNS or CC third JJ persons NNS , , or CC of IN the DT offer NN of IN redemption NN by IN the DT partnership NN , , as RB well RB as RB of IN the DT price NN offered VVD . SENT In IN case NN of IN dispute NN on IN the DT price NN , , the DT latter NN shall MD be VB fixed VVN in IN accordance NN with IN the DT provisions NNS of IN Article NP 1843 CD 4 CD , , the DT whole NN without IN prejudice NN to TO the DT right NN of IN the DT transferor NN to TO keep VV his PP$ shares NNS . SENT Art NN . SENT 1863 CD Where WRB no DT offer NN of IN redemption NN is VBZ made VVN to TO the DT transferor NN within IN a DT period NN of IN six CD months NNS after IN the DT last JJ of IN the DT notifications NNS provided VVN for IN in IN Article NP 1861 CD , , paragraph NN 3 CD , , approval NN of IN the DT transfer NN shall MD be VB deemed VVN granted VVN , , unless IN the DT other JJ partners NNS decide VVP , , within IN the DT same JJ period NN , , the DT anticipated JJ dissolution NN of IN the DT partnership NN . SENT In IN the DT latter JJ case NN , , the DT transferor NN may MD cause VV that DT decision NN to TO lapse NN by IN making VVG it PP known VVN that WDT he PP waives VVZ the DT transfer NN within IN a DT period NN of IN one CD month NN after IN the DT said VVN decision NN . SENT Art NN . SENT 1864 CD The NP provisions NNS of IN the DT two CD preceding JJ Articles NNS may MD be VB derogated VVN from IN only RB in IN order NN to TO modify VV the DT period NN of IN six CD months NNS stared VVD in IN Article NP 1863 CD , , paragraph NN 1 CD , , and CC provided VVD the DT period NN stated VVN in IN the DT articles NNS be VB not RB over IN one CD year NN or CC below IN one CD month NN . SENT Art NN . SENT 1865 CD A DT transfer NN of IN shares NNS of IN capital NN must MD be VB drawn VVN up RP in IN writing NN . SENT It PP shall MD be VB made VVN invokable JJ against IN the DT partnership NN under IN the DT forms NNS provided VVN for IN in IN Article NP 1690 CD or CC , , where WRB the DT articles NNS so RB stipulate VV , , by IN transfer NN on IN the DT registers NNS of IN the DT partnership NN . SENT It PP may MD be VB invoked VVN against IN third JJ persons NNS only RB after IN completion NN of IN those DT formalities NNS and CC after IN recording NN . SENT Art NN . SENT 1866 CD Shares NNS of IN the DT capital NN may MD be VB the DT subject NN of IN a DT pledge NN attested VVD , , either CC by IN an DT authentic JJ instrument NN , , or CC by IN an DT instrument NN under IN private JJ signature NN served VVN upon IN the DT partnership NN or CC accepted VVD by IN it PP in IN an DT authentic JJ instrument NN and CC giving VVG rise NN to TO a DT recording NN whose WP$ date NN determines VVZ the DT rank NN of IN the DT pledgee NN creditors NNS . SENT Those DT whose WP$ instruments NNS are VBP recorded VVN on IN the DT same JJ day NN rank NN equally RB . SENT The DT prior JJ charge NN of IN a DT pledgee NN creditor NN stands VVZ on IN the DT pledged VVN rights NNS on IN the DT capital NN through IN the DT sole JJ fact NN of IN recording VVG the DT pledge NN . SENT Art NN . SENT 1867 CD Any DT partner NN may MD obtain VV from IN the DT other JJ partners NNS their PP$ approval NN of IN a DT plan NN of IN pledge NN under IN the DT same JJ conditions NNS as IN their PP$ approval NN of IN a DT transfer NN of IN shares NNS . SENT A DT consent NN given VVN to TO a DT plan NN of IN pledge NN involves VVZ approval NN of IN the DT transferee NN in IN case NN of IN forced VVN sale NN of IN the DT shares NNS of IN capital NN on IN condition NN that IN notice NN of IN the DT sale NN be VB given VVN to TO the DT partners NNS and CC the DT partnership NN at IN least JJS one CD month NN before IN the DT sale NN . SENT Each DT partner NN may MD substitute VV himself PP for IN the DT purchaser NN within IN a DT period NN of IN five CD clear JJ days NNS from IN the DT sale NN . SENT Where WRB several JJ partners NNS exercise VVP that IN faculty NN , , they PP shall MD be VB , , unless IN there EX is VBZ a DT clause NN or CC an DT agreement NN to TO the DT contrary NN , , deemed VVN purchasers NNS in IN proportion NN to TO the DT number NN of IN shares NNS which WDT they PP held VVD previously RB . SENT Where WRB no DT partner NN exercises VVZ that IN faculty NN , , the DT partnership NN may MD redeem VV the DT shares NNS itself PP , , for IN the DT purpose NN of IN cancelling VVG them PP . SENT Art NN . SENT 1868 CD Notice NN must MD be VB given VVN likewise RB of IN a DT forced VVN sale NN which WDT does VVZ not RB result VV from IN a DT pledge NN to TO which WDT the DT other JJ partners NNS have VHP given VVN their PP$ approval NN , , one CD month NN before IN the DT sale NN to TO the DT partners NNS or CC to TO the DT partnership NN . SENT The DT partners NNS may MD , , within IN that DT period NN , , decide VVP to TO dissolve VV the DT partnership NN or CC to TO acquire VV the DT shares NNS in IN the DT way NN provided VVD for IN in IN Articles NNS 1862 CD and CC 1863 CD . SENT Where WRB a DT sale NN has VHZ taken VVN place NN , , the DT partners NNS or CC the DT partnership NN may MD exercise VV the DT faculty NN of IN substitution NN which WDT is VBZ theirs JJ under IN Article NP 1867 CD . SENT The DT non JJ exercise NN of IN that DT faculty NN involves VVZ approval NN of IN the DT purchaser NN . SENT Section NP VII NP Of IN the DT Withdrawal NN or CC Death NN of IN a DT Partner NN Art NN . SENT 1869 CD Without IN prejudice NN to TO the DT rights NNS of IN third JJ persons NNS , , a DT partner NN may MD withdraw VV totally RB or CC partially RB from IN the DT partnership NN , , subject JJ to TO the DT conditions NNS laid VVN down RP in IN the DT articles NNS or CC , , failing VVG which WDT , , after IN authorization NN given VVN by IN a DT unanimous JJ resolution NN of IN the DT other JJ partners NNS . SENT That DT withdrawal NN may MD also RB be VB authorized VVN by IN a DT judicial JJ decision NN for IN just JJ reasons NNS . SENT Unless IN Article NP 1844 CD 9 CD , , paragraph NN 3 CD , , applies VVZ , , the DT partner NN who WP withdraws VVZ is VBZ entitled VVN to TO reimbursement NN of IN the DT value NN of IN his PP$ rights NNS in IN the DT partnership NN , , fixed VVN in IN accordance NN with IN Article NP 1843 CD 4 CD , , failing VVG an DT amicable JJ agreement NN . SENT Art NN . SENT 1870 CD A NP partnership NN is VBZ not RB dissolved VVN by IN the DT death NN of IN a DT partner NN , , but CC continues VVZ with IN his PP$ heirs NNS or CC legatees NNS , , unless IN the DT articles NNS provide VVP that IN they PP must MD be VB approved VVN of IN by IN the DT partners NNS . SENT It PP may MD however RB be VB agreed VVN that IN the DT death NN will MD involve VV dissolution NN of IN the DT partnership NN or CC that IN it PP will MD continue VV with IN only RB the DT surviving VVG partners NNS . SENT It PP may MD also RB be VB agreed VVN that IN the DT partnership NN will MD continue VV either RB with IN the DT surviving VVG spouse NN , , or CC with IN one CD or CC several JJ of IN the DT heirs NNS , , or CC with IN any DT other JJ person NN designated VVN by IN the DT articles NNS or CC where WRB the DT latter NN so RB authorize VV , , by IN a DT testamentary JJ disposition NN . SENT Unless IN the DT articles NNS provide VVP otherwise RB , , where WRB the DT succession NN devolves VVZ upon IN a DT juridical JJ person NN , , the DT latter NN may MD become VV a DT partner NN only RB with IN the DT approval NN of IN the DT other JJ partners NNS , , granted VVN under IN the DT conditions NNS provided VVN for IN by IN the DT articles NNS , , or CC failing NN which WDT , , by IN unanimous JJ agreement NN of IN the DT partners NNS . SENT Art NN . SENT 1870 CD 1 CD Heirs NNS or CC legatees NNS who WP do VVP not RB become VVN partner NN are VBP entitled VVN only RB to TO the DT value NN of IN the DT shares NNS in IN the DT capital NN of IN their PP$ predecessor NN in IN title NN . SENT That DT value NN must MD be VB paid VVN to TO them PP by IN the DT new JJ holders NNS of IN the DT shares NNS or CC by IN the DT partnership NN itself PP where WRB it PP has VHZ redeemed VVN them PP for IN the DT purpose NN of IN cancelling VVG them PP . SENT The DT value NN of IN these DT shares NNS in IN the DT capital NN shall MD be VB determined VVN on IN the DT day NN of IN death NN in IN the DT conditions NNS provided VVN for IN in IN Article NP 1843 CD 4 CD . SENT CHAPTER NN III NP OF IN UNDISCLOSED JJ PARTNERSHIP NN Art NN . SENT 1871 CD Partners NPS may MD agree VV that IN the DT partnership NN will MD not RB be VB registered VVN . SENT The DT partnership NN is VBZ then RB called VVN undisclosed JJ partnership NN . SENT It PP is VBZ not RB a DT juridical JJ person NN and CC is VBZ not RB subject JJ to TO registration NN . SENT The DT partners NNS freely RB agree VVP upon IN the DT objects NNS , , operation NN and CC methods NNS of IN the DT undisclosed JJ partnership NN , , provided VVN that IN the DT mandatory JJ provisions NNS of IN Articles NNS 1832 CD , , 1832 CD 1 CD , , 1833 CD , , 1836 CD , , paragraph NN 2 CD , , 1841 CD , , 1844 CD , , paragraph NN 1 CD and CC 1844 CD 1 CD , , paragraph NN 2 CD , , be VB not RB derogated VVN from IN . SENT Art NN . SENT 1871 CD 1 CD Unless IN a DT different JJ organization NN has VHZ been VBN provided VVN for IN , , the DT relationships NNS between IN partners NNS are VBP governed VVN , , as RB may MD be VB thought VVN proper JJ , , either CC by IN the DT provisions NNS which WDT apply VVP to TO partnerships NNS for IN non JJ commercial JJ purposes NNS , , where WRB the DT firm NN is VBZ of IN a DT non JJ commercial JJ character NN , , or CC , , where WRB it PP is VBZ of IN a DT commercial JJ character NN , , by IN those DT which WDT apply VVP to TO partnerships NNS for IN commercial JJ purposes NNS . SENT Art NN . SENT 1872 CD With IN regard NN to TO third JJ parties NNS , , each DT partner NN remains VVZ owner NN of IN the DT property NN which WDT he PP placed VVD at IN the DT disposal NN of IN the DT partnership NN . SENT Shall MD be VB deemed VVN undivided JJ between IN the DT partners NNS the DT property NN acquired VVN by IN investment NN or CC re NN investment NN of IN undivided JJ funds NNS during IN the DT partnership NN and CC that IN which WDT was VBD undivided JJ before IN being VBG placed VVN at IN the DT disposal NN of IN the DT partnership NN . SENT It PP shall MD be VB likewise RB for IN that DT which WDT the DT partners NNS have VHP agreed VVN to TO place VV in IN undivided JJ ownership NN . SENT It PP may MD furthermore RB be VB agreed VVN that IN one CD of IN the DT partners NNS is VBZ , , with IN regard NN to TO the DT others NNS , , owner NN of IN all DT or CC part NN of IN the DT property NN which WDT he PP acquires VVZ with IN a DT view NN to TO the DT carrying VVG out RP of IN the DT objects NNS of IN the DT partnership NN . SENT Art NN . SENT 1872 CD 1 CD Each DT partner NN contracts NNS in IN his PP$ own JJ name NN and CC is VBZ alone RB bound VVN with IN regard NN to TO third JJ parties NNS . SENT However RB , , where WRB the DT undisclosed JJ partners NNS act VVP as IN partners NNS to TO third JJ parties NNS knowledge NN , , each DT one NN of IN them PP is VBZ bound VVN with IN regard NN to TO the DT latter NN for IN the DT obligations NNS arising VVG from IN acts NNS performed VVN in IN that DT capacity NN by IN one CD of IN the DT others NNS , , jointly RB and CC severally RB where WRB the DT partnership NN is VBZ a DT merchant NN , , jointly RB , , in IN the DT other JJ cases NNS . SENT It PP shall MD be VB the DT same JJ as RB to TO a DT partner NN who WP , , through IN his PP$ interference NN , , has VHZ led VVN the DT contracting NN party NN to TO believe VV that IN he PP intended VVD to TO bind VV himself PP towards IN him PP or CC of IN whom WP it PP is VBZ proved VVN that IN the DT undertaking NN has VHZ turned VVN to TO his PP$ benefit NN . SENT In IN all DT cases NNS , , as RB to TO property NN deemed VVD undivided NN under IN Article NP 1872 CD , , paragraph NN 2 CD and CC 3 CD , , shall MD apply VV in IN the DT relationships NNS with IN third JJ parties NNS , , either CC the DT provisions NNS of IN Chapter NP VI NP of IN Title NP I NP of IN Book NP III NP of IN this DT Code NP , , or CC , , where WRB the DT formalities NNS provided VVN for IN in IN Article NP 1873 CD 2 CD have VHP been VBN completed VVN , , those DT of IN Title NP IX NP bis RB of IN this DT Book NN , , all PDT the DT partners NNS being VBG then RB , , unless IN otherwise RB agreed VVN , , deemed VVN managers NNS of IN the DT undivided JJ ownership NN . SENT Art NN . SENT 1872 CD 2 CD Where WRB an DT undisclosed JJ partnership NN is VBZ of IN indefinite JJ duration NN , , its PP$ dissolution NN may MD result VV at IN any DT time NN from IN a DT notice NN served VVN by IN one CD of IN them PP on IN all PDT the DT partners NNS , , provided VVN that IN the DT notice NN be VB in IN good JJ faith NN and CC not RB made VVN inopportunely RB . SENT Unless IN otherwise RB agreed VVN , , no DT partner NN may MD request VV partition NN of IN the DT undivided JJ property NN under IN Article NP 1872 CD so RB long JJ as IN the DT partnership NN is VBZ not RB dissolved VVN . SENT Art NN . SENT 1873 CD The NP provisions NNS of IN this DT Chapter NN shall MD apply VV to TO de FW facto FW partnerships NNS . SENT TITLE NN IX NP bis RB OF IN AGREEMENTS NNS RELATING VVG TO TO THE DT EXERCISE NN OF IN UNDIVIDED JJ RIGHTS NNS Act NP n NN 76 CD 1286 CD of IN 31 CD Dec NP . SENT 1976 CD Art NN . SENT 1873 CD 1 CD The DT persons NNS having VHG rights NNS to TO be VB exercised VVN on IN undivided JJ property NN , , as IN owners NNS , , bare JJ owners NNS or CC usufructuaries NNS may MD enter VV into IN agreements NNS relating VVG to TO the DT exercise NN of IN those DT rights NNS . SENT CHAPTER NN I NN OF IN AGREEMENTS NNS RELATING VVG TO TO THE DT EXERCISE NN OF IN UNDIVIDED JJ RIGHTS NNS IN IN THE DT ABSENCE NN OF IN A DT USUFRUCTUARY NP Art NP . SENT 1873 CD 2 CD Where WRB they PP all DT consent NN thereto RB , , undivided JJ co NP owners NNS may MD agree VV to TO remain VV in IN undivided JJ ownership NN . SENT On IN pain NN of IN annulment NN , , the DT agreement NN must MD be VB drawn VVN up RP in IN an DT instrument NN including VVG the DT description NN of IN the DT undivided JJ property NN and CC indication NN of IN the DT shares NNS belonging VVG to TO each DT undivided JJ owner NN . SENT Where WRB the DT undivided JJ property NN includes VVZ claims NNS , , the DT formalities NNS of IN Article NP 1690 CD shall MD take VV place NN . SENT where WRB it PP includes VVZ immovables NNS , , the DT formalities NNS of IN land NN registration NN shall MD take VV place NN . SENT Art NN . SENT 1873 CD 3 CD The DT agreement NN may MD be VB concluded VVN for IN a DT determined VVN duration NN which WDT may MD not RB exceed VV five CD years NNS . SENT It PP may MD be VB renewed VVN by IN an DT express JJ decision NN of IN the DT parties NNS . SENT A DT partition NN may MD be VB instigated VVN before IN the DT agreed VVN term NN only RB where WRB there EX are VBP proper JJ reasons NNS for IN it PP . SENT The DT agreement NN may MD also RB be VB concluded VVN for IN an DT indeterminate JJ duration NN . SENT In IN that DT case NN , , a DT partition NN may MD be VB instigated VVN at IN any DT time NN , , provided VVD it PP is VBZ not RB in IN bad JJ faith NN or CC inopportune JJ . SENT It PP may MD be VB decided VVN that IN an DT agreement NN for IN a DT determined VVN duration NN will MD be VB renewed VVN by IN tacit JJ extension NN of IN the DT period NN , , for IN a DT determined JJ or CC indeterminate JJ duration NN . SENT Failing VVG such JJ agreement NN , , the DT undivided JJ ownership NN shall MD be VB governed VVN by IN Articles NNS 815 CD and CC following VVG at IN the DT expiry NN of IN the DT agreement NN for IN a DT determined VVN duration NN . SENT Art NN . SENT 1873 CD 4 CD The DT capacity NN or CC power NN to TO dispose VV of IN the DT undivided JJ property NN is VBZ required VVN for IN an DT agreement NN designed VVN to TO maintain VV undivided JJ ownership NN . SENT The DT agreement NN may MD , , however RB , , be VB concluded VVN on IN behalf NN of IN a DT minor JJ , , by IN his PP$ statutory JJ representative NN alone RB . SENT but CC in IN that DT case NN , , the DT minor JJ , , become VVN of IN age NN , , may MD put VV an DT end NN to TO it PP , , whatever WDT its PP$ duration NN may MD be VB , , within IN the DT year NN following VVG his PP$ majority NN . SENT repealed VVN Art NN . SENT 1873 CD 5 CD The DT undivided JJ co NP owners NNS may MD appoint VV one NN or CC several JJ managers NNS , , chosen VVN from IN among IN themselves PP or CC not RB . SENT The DT methods NNS of IN appointing VVG and CC dismissing VVG a DT manager NN may MD be VB determined VVN by IN a DT unanimous JJ decision NN of IN the DT undivided JJ owners NNS . SENT Failing VVG such PDT an DT agreement NN , , a DT manager NN taken VVN from IN among IN the DT undivided JJ owners NNS may MD be VB dismissed VVN from IN his PP$ duties NNS only RB by IN a DT unanimous JJ decision NN of IN the DT other JJ undivided JJ owners NNS . SENT A DT manager NN who WP is VBZ not RB an DT undivided JJ owner NN may MD be VB dismissed VVN in IN the DT way NN agreed VVD upon RP among IN his PP$ principals NNS or CC , , failing VVG which WDT , , by IN a DT decision NN taken VVN by IN a DT majority NN of IN the DT undivided JJ owners NNS as RB to TO number NN and CC shares NNS . SENT In IN all DT cases NNS , , dismissal NN may MD be VB ordered VVN by IN the DT court NN on IN application NN of IN one CD undivided JJ owner NN where WRB the DT manager NN , , through IN his PP$ mismanagement NN , , imperils VVZ the DT interests NNS of IN the DT undivided JJ ownership NN . SENT Where WRB a DT dismissed VVN manager NN is VBZ an DT undivided JJ owner NN , , the DT agreement NN shall MD be VB deemed VVN concluded VVN for IN an DT indeterminate JJ duration NN from IN his PP$ dismissal NN . SENT Art NN . SENT 1873 CD 6 CD A DT manager NN represents VVZ the DT undivided JJ owners NNS within IN his PP$ authority NN , , either CC for IN transactions NNS of IN civil JJ life NN , , or CC in IN court NN as IN plaintiff NN or CC defendant NN . SENT He PP shall MD give VV , , in IN a DT merely RB declaratory JJ way NN , , the DT names NNS of IN all PDT the DT undivided JJ owners NNS in IN the DT first JJ procedural JJ document NN . SENT A DT manager NN shall MD administer VV the DT undivided JJ ownership NN and CC exercises VVZ for IN this DT purpose NN the DT powers NNS conferred VVD on IN each DT spouse NN Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD on IN community NN property NN . SENT He PP may MD , , however RB , , dispose VV of IN tangible JJ movables NNS only RB for IN the DT needs NNS of IN a DT normal JJ use NN of IN the DT undivided JJ ownership NN , , or CC also RB where WRB things NNS difficult JJ to TO preserve VV or CC subject VV to TO decay NN are VBP concerned VVN . SENT Any DT clause NN extending VVG the DT authority NN of IN a DT manager NN shall MD be VB deemed VVN not RB written VVN . SENT Art NN . SENT 1873 CD 7 CD A DT manager NN shall MD exercise VV the DT authority NN given VVN by IN the DT preceding JJ Article NN even RB where WRB there EX is VBZ a DT person NN under IN a DT disability NN among IN the DT undivided JJ owners NNS . SENT Nevertheless RB , , Article NP 456 CD , , paragraph NN 3 CD , , shall MD apply VV to TO leases NNS granted VVN in IN the DT course NN of IN an DT undivided JJ ownership NN . SENT Art NN . SENT 1873 CD 8 CD Decisions NNS which WDT exceed VVP the DT authority NN of IN a DT manager NN shall MD be VB passed VVN unanimously RB , , except IN for IN the DT manager NN , , where WRB he PP is VBZ himself PP an DT undivided JJ owner NN , , to TO avail VV himself PP of IN the DT remedies NNS provided VVN for IN by IN Articles NNS 815 CD 4 CD , , 815 CD 5 CD and CC 815 CD 6 CD . SENT Where WRB there EX are VBP minors NNS or CC adults NNS under IN a DT disability NN among IN the DT undivided JJ owners NNS , , the DT decisions NNS referred VVD to TO in IN the DT preceding JJ paragraph NN give VV rise NN to TO the DT application NN of IN the DT rules NNS of IN protection NN provided VVN for IN in IN their PP$ favour NN . SENT It PP may MD be VB agreed VVN between IN the DT undivided JJ owners NNS that IN in IN the DT absence NN of IN persons NNS under IN a DT disability NN certain JJ categories NNS of IN decisions NNS will MD be VB passed VVN otherwise RB than IN unanimously RB . SENT However RB , , no DT undivided NN immovable JJ may MD be VB transferred VVN without IN the DT agreement NN of IN all PDT the DT undivided JJ owners NNS unless IN it PP is VBZ under IN Articles NNS 815 CD 4 CD and CC 815 CD 5 CD above RB . SENT Art NN . SENT 1873 CD 9 CD An DT agreement NN of IN undivided JJ ownership NN may MD regulate VV the DT methods NNS of IN administration NN in IN case NN of IN a DT plurality NN of IN managers NNS . SENT Failing VVG special JJ stipulations NNS , , the DT latter JJ hold NN separately RB the DT authgority NN provided VVD for IN by IN Article NP 1873 CD 6 CD , , subject JJ to TO the DT right NN of IN each DT to TO object VV to TO any DT transaction NN before IN it PP is VBZ concluded VVN . SENT Art NN . SENT 1873 CD 10 CD Unless IN otherwise RB agreed VVN , , a DT manager NN is VBZ entitled VVN to TO remuneration NN for IN his PP$ work NN . SENT The DT terms NNS of IN it PP shall MD be VB fixed VVN by IN the DT undivided JJ owners NNS , , to TO the DT exclusion NN of IN the DT party NN concerned VVN , , or CC , , failing VVG which WDT , , by IN the DT president NN of IN the DT tribunal NN de NP grande NP instance NN who WP shall MD give VV a DT provisional JJ ruling NN . SENT A DT manager NN is VBZ liable JJ as IN an DT agent NN for IN the DT faults NNS he PP commits VVZ in IN his PP$ management NN . SENT Art NN . SENT 1873 CD 11 CD Each DT undivided NN owner NN may MD require VV notice NN of IN all DT documents NNS relating VVG to TO the DT management NN . SENT A DT manager NN must MD , , once RB a DT year NN , , account NN for IN his PP$ management NN to TO the DT undivided JJ owners NNS . SENT On IN that DT occasion NN , , he PP shows VVZ in IN writing VVG the DT profits NNS made VVD and CC the DT losses NNS incurred VVN or CC foreseeable JJ . SENT Each DT undivided JJ owner NN is VBZ obliged VVN to TO participate VV in IN the DT expenses NNS for IN preservation NN of IN the DT undivided JJ property NN . SENT Failing VVG a DT special JJ agreement NN , , Articles NNS 815 CD 9 CD , , 815 CD 10 CD and CC 815 CD 11 CD of IN this DT Code NP shall MD apply VV to TO the DT exercise NN of IN the DT right NN of IN use NN and CC enjoyment NN , , as RB well RB as IN to TO the DT sharing NN of IN profits NNS and CC losses NNS . SENT Art NN . SENT 1873 CD 12 CD In IN case NN of IN transfer NN of IN all DT or CC part NN of IN the DT rights NNS of IN an DT undivided JJ owner NN in IN the DT undivided JJ property NN , , or CC in IN one CD or CC several JJ items NNS of IN that DT property NN , , the DT undivided JJ co NP owners NNS enjoy VVP the DT rights NNS of IN pre NP emption NN and CC substitution NN provided VVN for IN by IN Articles NNS 815 CD 14 CD to TO 815 CD 16 CD and CC 815 CD 18 CD of IN this DT Code NP . SENT The DT agreement NN shall MD be VB deemed VVN concluded VVN for IN an DT indeterminate JJ duration NN where WRB , , for IN any DT reason NN whatever WDT , , an DT undivided JJ share NN devolves VVZ upon IN a DT person NN not RB belonging VVG to TO the DT undivided JJ ownership NN . SENT Art NN . SENT 1873 CD 13 CD The DT undivided NN owners NNS may MD agree VV that IN upon IN the DT death NN of IN one CD of IN them PP , , each DT survivor NN may MD acquire VV the DT share NN of IN the DT deceased JJ or CC that IN the DT surviving VVG spouse NN , , or CC any DT other JJ designated VVN heir NN may MD have VH it PP allotted VVN to TO him PP on IN condition NN that IN he PP accounts VVZ for IN it PP to TO the DT succession NN according VVG to TO its PP$ value NN at IN the DT time NN of IN the DT acquisition NN or CC of IN the DT allotment NN Act NP n NN 78 CD 627 CD of IN 10 CD June NP 1978 CD . SENT Where WRB several JJ undivided JJ owners NNS or CC several JJ heirs NNS simultaneously RB exercise VVP their PP$ faculty NN of IN acquisition NN or CC allotment NN , , they PP shall MD be VB deemed VVN , , unless IN otherwise RB agreed VVN , , to TO acquire VV together RB the DT share NN of IN the DT deceased JJ in IN proportion NN to TO their PP$ respective JJ rights NNS in IN the DT undivided JJ ownership NN or CC the DT succession NN . SENT The DT provisions NNS of IN this DT Article NP may MD not RB prejudice VV the DT application NN of IN the DT provisions NNS of IN Articles NNS 832 CD to TO 832 CD 3 CD . SENT Art NN . SENT 1873 CD 14 CD A DT faculty NN of IN acquisition NN or CC allotment NN lapses NNS where WRB its PP$ beneficiary NN has VHZ not RB exercised VVN it PP through IN notice NN served VVN on IN the DT surviving VVG undivided NN owners NNS or CC on IN the DT heirs NNS of IN the DT predeceaser NN within IN the DT period NN of IN one CD month NN after IN the DT day NN when WRB he PP has VHZ been VBN given VVN notice NN to TO come VV to TO a DT decision NN . SENT That DT notice NN may MD not RB itself PP take VVP place NN before IN the DT expiry NN of IN the DT period NN provided VVD for IN in IN the DT Title NN Of IN Successions NNS for IN making VVG an DT inventory NN and CC deliberating VVG . SENT Where WRB no DT faculty NN of IN acquisition NN or CC allotment NN has VHZ been VBN provided VVN for IN , , or CC where WRB it PP has VHZ lapsed VVN , , the DT share NN of IN the DT deceased JJ falls NNS to TO his PP$ heirs NNS or CC legatees NNS . SENT In IN such JJ case NN , , the DT agreement NN of IN undivided JJ ownership NN shall MD be VB deemed VVN concluded VVN for IN an DT indeterminate JJ duration NN from IN the DT day NN of IN the DT opening NN of IN the DT succession NN . SENT Art NN . SENT 1873 CD 15 CD Art NN . SENT 815 CD 17 CD shall MD apply VV to TO creditors NNS of IN an DT undivided JJ ownership NN , , as RB well RB as IN to TO personal JJ creditors NNS of IN the DT undivided JJ owners NNS . SENT However RB , , the DT latter NN may MD instigate VV partition VV only RB in IN the DT cases NNS where WRB their PP$ debtor NN could MD himself PP instigate VV it PP . SENT In IN the DT other JJ cases NNS , , they PP may MD sue VV for IN seizure NN and CC sale NN of IN the DT share NN of IN their PP$ debtor NN in IN the DT undivided JJ ownership NN by IN complying VVG with IN the DT formalities NNS provided VVN for IN by IN the DT Code NP of IN Civil NP Procedure NN . SENT The DT provisions NNS of IN Article NP 1873 CD 12 CD shall MD then RB apply VV . SENT CHAPTER NN II NP OF IN AGREEMENTS NNS RELATING VVG TO TO THE DT EXERCISE NN OF IN UNDIVIDED JJ RIGHTS NNS IN IN THE DT PRESENCE NN OF IN A DT USUFRUCTUARY NP Art NP . SENT 1873 CD 16 CD Where WRB undivided JJ property NN is VBZ burdened VVN with IN a DT usufruct NN , , agreements NNS , , subject JJ as IN a DT rule NN to TO the DT provisions NNS of IN the DT preceding JJ Chapter NN , , may MD be VB concluded VVN , , either CC between IN the DT bare JJ owners NNS , , or CC between IN the DT usufructuaries NNS , , or CC between IN the DT ones NNS and CC the DT others NNS . SENT There EX may MD also RB be VB an DT agreement NN between IN those DT who WP are VBP in IN undivided JJ ownership NN as RB to TO enjoyment NN and CC the DT one NN who WP is VBZ bare JJ owner NN of IN the DT whole JJ property NN , , as RB well RB as RB between IN a DT universal JJ usufructuary NN and CC the DT bare JJ owners NNS . SENT Art NN . SENT 1873 CD 17 CD Where WRB the DT usufructuaries NNS were VBD not RB parties NNS to TO the DT agreement NN , , third JJ parties NNS who WP have VHP dealt VVN with IN the DT manager NN of IN an DT undivided JJ ownership NN may MD not RB avail VV themselves PP of IN the DT powers NNS which WDT would MD have VH been VBN granted VVN to TO him PP by IN the DT bare JJ owners NNS to TO the DT prejudice NN of IN the DT rights NNS of IN usufruct NN . SENT Art NN . SENT 1873 CD 18 CD . SENT Where WRB an DT agreement NN concluded VVD between IN usufructuaries NNS and CC bare JJ owners NNS provides VVZ that DT decisions NNS will MD be VB passed VVN by IN a DT majority NN in IN number NN and CC in IN shares NNS , , the DT rights NNS to TO vote VV attaching VVG to TO shares NNS is VBZ divided VVN by IN halves NNS between IN the DT usufruct NN and CC the DT bare JJ ownership NN , , unless IN the DT parties NNS agreed VVD otherwise RB . SENT Any DT expense NN exceeding VVG the DT obligations NNS of IN a DT usufructuary NN , , such JJ as IN defined VVN in IN Articles NNS 582 CD and CC following VVG , , binds VVZ him PP only RB with IN his PP$ consent NN given VVN in IN the DT agreement NN itself PP or CC through IN a DT later JJR instrument NN . SENT The DT transfer NN of IN full JJ ownership NN of IN the DT undivided JJ property NN may MD not RB be VB made VVN without IN the DT consent NN of IN the DT usufructuary NN , , except IN for IN the DT case NN where WRB it PP is VBZ induced VVN by IN the DT creditors NNS entitled VVN to TO sue VV for IN sale NN . SENT TITLE NN X NN OF IN LOANS NNS Art NN . SENT 1874 RB There EX are VBP two CD kinds NNS of IN loans NNS . SENT That IN of IN things NNS which WDT can MD be VB used VVN without IN being VBG destroyed VVN , , And CC that IN of IN things NNS which WDT are VBP consumed VVN by IN the DT use NN which WDT is VBZ made VVN of IN them PP . SENT The DT first JJ kind NN is VBZ called VVN loan NN for IN use NN or CC commodate NN . SENT The DT second NN is VBZ called VVN loan NN for IN consumption NN , , or CC simply RB loan NN . SENT CHAPTER NN I NN OF IN LOANS NNS FOR IN USE NN OR CC COMMODATES NP Section NP I PP Of IN the DT Nature NN of IN a DT Loan NP for IN Use NP Art NP . SENT 1875 CD A DT loan NN for IN use NN or CC commodate NN is VBZ a DT contract NN by IN which WDT one CD of IN the DT parties NNS delivers VVZ to TO the DT other JJ a DT thing NN to TO be VB used VVN , , on IN condition NN that IN the DT borrower NN returns VVZ it PP after IN making VVG use NN of IN it PP . SENT Art NN . SENT 1876 CD Such JJ loan NN is VBZ essentially RB gratuitous JJ . SENT Art NN . SENT 1877 CD The DT lender NN remains VVZ the DT owner NN of IN the DT thing NN loaned VVD . SENT Art NN . SENT 1878 CD Everything NN which WDT may MD be VB the DT subject NN of IN legal JJ transactions NNS between IN private JJ individuals NNS , , and CC which WDT is VBZ not RB consumed VVN by IN use NN may MD be VB the DT object NN of IN such PDT an DT agreement NN . SENT Art NN . SENT 1879 CD Undertakings NNS which WDT are VBP formed VVN by IN a DT commodate JJ pass NN to TO the DT heirs NNS of IN the DT person NN who WP lends VVZ , , and CC to TO the DT heirs NNS of IN the DT person NN who WP borrows VVZ . SENT But CC where WRB a DT loan NN was VBD made VVN only RB on IN account NN of IN the DT borrower NN , , and CC to TO him PP personally RB , , then RB his PP$ heirs NNS may MD not RB continue VV to TO enjoy VV the DT thing NN loaned VVD . SENT Section NP II NP Of IN the DT Undertakings NNS of IN the DT Borrower NN Art NN . SENT 1880 CD The DT borrower NN is VBZ bound VVN to TO take VV care NN of IN the DT keeping VVG and CC preservation NN of IN the DT thing NN loaned VVN like IN a DT prudent JJ owner NN . SENT He PP may MD use VV it PP only RB for IN the DT use NN determined VVN by IN its PP$ nature NN or CC by IN the DT agreement NN . SENT all DT of IN which WDT , , on IN pain NN of IN damages NNS , , if IN there EX is VBZ occasion NN . SENT Art NN . SENT 1881 CD Where WRB the DT borrower NN employs VVZ the DT thing NN for IN another DT use NN , , or CC for IN a DT longer JJR time NN than IN he PP ought MD , , he PP is VBZ liable JJ for IN the DT loss NN occurred VVD , , even RB through IN a DT fortuitous JJ event NN . SENT Art NN . SENT 1882 CD Where WRB the DT thing NN loaned VVD perishes VVZ through IN a DT fortuitous JJ event NN of IN which WDT the DT borrower NN could MD have VH preserved VVN it PP by IN making VVG use NN of IN his PP$ own JJ , , or CC where WRB , , being NN able JJ to TO save VV only RB one CD of IN them PP , , he PP preferred VVD his PP$ own JJ , , he PP is VBZ liable JJ for IN the DT loss NN of IN the DT other JJ . SENT Art NN . SENT 1883 CD Where WRB the DT thing NN has VHZ been VBN appraised VVN when WRB loaned VVN , , the DT loss NN which WDT happens VVZ , , even RB through IN a DT fortuitous JJ event NN , , falls VVZ on IN the DT borrower NN , , unless IN otherwise RB agreed VVN . SENT Art NN . SENT 1884 CD Where WRB the DT thing NN deteriorates VVZ through IN the DT sole JJ effect NN of IN the DT use NN for IN which WDT it PP was VBD borrowed VVN , , and CC without IN any DT fault NN on IN the DT part NN of IN the DT borrower NN , , he PP is VBZ not RB liable JJ for IN the DT deterioration NN . SENT Art NN . SENT 1885 CD The DT borrower NN may MD not RB retain VV the DT thing NN to TO offset VV what WP the DT lender NN owes VVZ him PP . SENT Art NN . SENT 1886 CD Where WRB the DT borrower NN has VHZ made VVN some DT expense NN in IN order NN to TO use VV the DT thing NN , , he PP may MD not RB reclaim VV it PP . SENT Art NN . SENT 1887 CD Where WRB several JJ persons NNS have VHP jointly RB borrowed VVN the DT same JJ thing NN , , they PP are VBP jointly RB and CC severally RB liable JJ towards IN the DT lender NN . SENT Section NP III NP Of IN the DT Undertakings NNS of IN One CD who WP Lends VVZ for IN Use NP Art NP . SENT 1888 CD The DT lender NN may MD take VV back RB the DT thing NN loaned VVD only RB after IN the DT term NN agreed VVD upon RP or CC , , failing VVG an DT agreement NN , , after IN it PP has VHZ served VVN the DT use NN for IN which WDT it PP was VBD borrowed VVN . SENT Art NN . SENT 1889 CD Nevertheless RB , , where WRB , , during IN that DT period NN , , or CC before IN the DT need NN of IN the DT borrower NN has VHZ ceased VVN , , the DT lender NN happens VVZ to TO be VB in IN a DT pressing JJ and CC unforeseen JJ need NN of IN the DT thing NN , , the DT judge NN may MD , , according VVG to TO the DT circumstances NNS , , compel VV the DT borrower NN to TO return VV it PP to TO him PP . SENT Art NN . SENT 1890 CD Where WRB , , during IN the DT term NN of IN the DT loan NN , , the DT borrower NN has VHZ been VBN compelled VVN , , for IN the DT preservation NN of IN the DT thing NN , , to TO some DT extraordinary JJ expense NN , , necessary JJ and CC so RB urgent JJ that IN he PP was VBD no RB able JJ to TO inform VV the DT lender NN thereof RB , , the DT latter NN is VBZ liable JJ to TO reimburse VV him PP . SENT Art NN . SENT 1891 CD Where WRB the DT thing NN loaned VVD has VHZ such JJ defects NNS that IN it PP may MD cause VV harm NN to TO the DT person NN who WP uses VVZ it PP , , the DT lender NN is VBZ liable JJ , , where WRB he PP knew VVD of IN the DT defects NNS and CC did VVD not RB warn VV the DT borrower NN . SENT CHAPTER NN II NP OF IN LOANS NNS FOR IN CONSUMPTION NN OR CC SIMPLE JJ LOANS NNS Section NN I NN Of IN the DT Nature NN of IN the DT Loan NN for IN Consumption NN Art NN . SENT 1892 CD A DT loan NN for IN consumption NN is VBZ a DT contract NN by IN which WDT one CD of IN the DT parties NNS delivers VVZ to TO the DT other JJ a DT certain JJ quantity NN of IN things NNS which WDT are VBP consumed VVN by IN use NN , , on IN condition NN that IN the DT latter NN shall MD return VV as RB much JJ to TO him PP in IN the DT same JJ kind NN and CC quality NN . SENT Art NN . SENT 1893 CD Through IN such PDT a DT loan NN , , the DT borrower NN becomes VVZ the DT owner NN of IN the DT thing NN loaned VVD . SENT and CC the DT loss NN falls VVZ upon IN him PP , , in IN whatever WDT manner NN it PP occurs VVZ . SENT Art NN . SENT 1894 CD Things NNS which WDT , , although IN of IN the DT same JJ kind NN , , differ VVP individually RB , , such JJ as IN animals NNS , , may MD not RB be VB given VVN by IN way NN of IN loan NN of IN consumption NN . SENT it PP is VBZ then RB a DT loan NN for IN use NN . SENT Art NN . SENT 1895 CD The DT obligation NN which WDT results VVZ from IN a DT loan NN of IN money NN is VBZ always RB for IN the DT numerical JJ sum NN stated VVN in IN the DT contract NN . SENT Where WRB there EX is VBZ a DT rise NN or CC a DT fall NN in IN currency NN before IN the DT time NN of IN payment NN , , the DT debtor NN must MD return VV the DT numerical JJ sum NN loaned VVD , , and CC must MD do VV so RB only RB in IN the DT currency NN having VHG legal JJ tender NN at IN the DT time NN of IN the DT payment NN . SENT Art NN . SENT 1896 CD The DT rule NN laid VVD down RP in IN the DT preceding JJ Article NN shall MD not RB apply VV , , where WRB the DT loan NN was VBD made VVN in IN bullions NNS . SENT Art NN . SENT 1897 CD Where WRB bullions NNS or CC commodities NNS have VHP been VBN loaned VVN , , whatever WDT the DT rise NN or CC fall NN in IN their PP$ price NN may MD be VB , , the DT debtor NN shall MD always RB return VV the DT same JJ quantity NN and CC quality NN , , and CC return VV only RB that IN . SENT Section NP II NP Of IN the DT Obligations NNS of IN the DT Lender NN Art NN . SENT 1898 CD In IN a DT loan NN for IN consumption NN , , the DT lender NN is VBZ held VVN to TO the DT liability NN established VVN by IN Article NP 1891 CD for IN a DT loan NN for IN use NN . SENT Art NN . SENT 1899 CD The DT lender NN may MD not RB claim VV the DT things NNS loaned VVD back RB before IN the DT agreed VVN time NN . SENT Art NN . SENT 1900 CD Where WRB no DT time NN has VHZ been VBN fixed VVN for IN restitution NN , , the DT judge NN may MD allow VV the DT borrower NN a DT period NN according VVG to TO the DT circumstances NNS . SENT Art NN . SENT 1901 CD Where WRB it PP has VHZ only RB been VBN agreed VVN that IN the DT borrower NN would MD pay VV when WRB he PP could MD , , or CC he PP had VHD the DT means NN , , the DT judge NN shall MD fix VV a DT time NN for IN the DT payment NN , , according VVG to TO the DT circumstances NNS . SENT Section NP III NP Of IN the DT Undertakings NNS of IN the DT Borrower NN Art NN . SENT 1902 CD The DT borrower NN is VBZ bound VVN to TO return VV the DT things NNS loaned VVD , , in IN the DT same JJ quantity NN and CC quality NN and CC at IN the DT time NN agreed VVD . SENT Art NN . SENT 1903 CD Where WRB he PP is VBZ unable JJ to TO do VV so RB , , he PP is VBZ bound VVN to TO pay VV their PP$ value NN taking VVG into IN account NN the DT time NN and CC the DT place NN where WRB the DT thing NN was VBD to TO be VB returned VVN according VVG to TO the DT agreement NN . SENT Where WRB those DT time NN and CC place NN have VHP not RB been VBN regulated VVN , , payment NN shall MD be VB made VVN at IN the DT price NN of IN the DT time NN and CC the DT place NN where WRB the DT loan NN was VBD made VVN . SENT Art NN . SENT 1904 CD Act NP of IN 7 CD April NP 1900 CD Where WRB the DT borrower NN does VVZ not RB return VV the DT things NNS loaned VVD or CC their PP$ value NN at IN the DT agreed VVN time NN , , he PP owes VVZ interest NN thereon RB from IN the DT day NN of IN the DT notice NN or CC of IN the DT judicial JJ claim NN . SENT CHAPTER NN III NP OF IN LOANS NNS AT IN INTEREST NN Art NN . SENT 1905 CD It PP is VBZ lawful JJ to TO stipulate VV interest NN for IN a DT simple JJ loan NN , , either CC of IN money NN , , or CC of IN commodities NNS , , or CC of IN other JJ movable JJ things NNS . SENT Art NN . SENT 1906 CD The DT borrower NN who WP has VHZ paid VVN interest NN which WDT was VBD not RB stipulated VVD may MD neither RB reclaim VV it PP , , nor CC appropriate VV it PP to TO the DT capital NN . SENT Art NN . SENT 1907 CD Interest NN is VBZ statutory JJ or CC conventional JJ . SENT Statutory JJ interest NN is VBZ fixed VVN by IN statute NN 1 CD . SENT Conventional JJ interest NN may MD exceed VV statutory JJ interest NN whenever WRB a DT statute NN does VVZ not RB so RB prohibit VV 2 CD . SENT The DT rate NN of IN conventional JJ interest NN must MD be VB fixed VVN in IN writing VVG . SENT 1 CD Monetary NP and CC Financial NP Code NP Art NP . SENT L NP . SENT 313 CD 2 CD 2 CD Consumer NP Code NP Art NP . SENT L NP . SENT 313 CD 1 CD to TO L NP . SENT 313 CD 3 CD Art NN . SENT 1908 CD A DT receipt NN for IN capital NN given VVN without IN reservations NNS as RB to TO the DT interest NN gives VVZ rise NN to TO a DT presumption NN of IN payment NN of IN the DT latter NN and CC operates VVZ discharge NN of IN it PP . SENT Art NN . SENT 1909 CD Interest NN may MD be VB stipulated VVD upon IN a DT capital NN which WDT the DT lender NN undertakes VVZ not RB to TO reclaim VV . SENT In IN that DT case NN , , the DT loan NN takes VVZ the DT name NN of IN settlement NN of IN an DT annuity NN . SENT Art NN . SENT 1910 CD That IN annuity NN may MD be VB settled VVN in IN two CD ways NNS , , perpetually RB or CC for IN life NN . SENT Art NN . SENT 1911 CD A NP perpetual JJ annuity NN is VBZ essentially RB redeemable JJ . SENT The DT parties NNS may MD agree VV only RB that IN the DT redemption NN will MD not RB take VV place NN before IN a DT time NN which WDT may MD not RB exceed VV ten CD years NNS , , or CC without IN notification NN has VHZ been VBN given VVN to TO the DT creditor NN at IN the DT period NN of IN notice NN which WDT they PP have VHP determined VVN . SENT Art NN . SENT 1912 CD The DT debtor NN of IN an DT annuity NN settled VVN as IN perpetual JJ may MD be VB compelled VVN to TO redeem VV it PP . SENT 1 CD Where WRB he PP ceases VVZ to TO perform VV his PP$ obligations NNS during IN two CD years NNS . SENT 2 CD Where WRB he PP fails VVZ to TO furnish VV the DT lender NN with IN the DT security NN promised VVN by IN the DT contract NN . SENT Art NN . SENT 1913 CD The DT capital NN of IN an DT annuity NN settled VVN as IN perpetual JJ becomes VVZ also RB due JJ in IN case NN of IN judicial JJ arrangement NN or CC insolvency NN of IN the DT debtor NN . SENT Art NN . SENT 1914 CD The NP rules NNS relating VVG to TO life NN annuities NNS are VBP laid VVN down RP in IN the DT Title NN Of IN Aleatory JJ Contracts NNS . SENT TITLE NN XI NN OF IN DEPOSITS NNS AND CC OF IN SEQUESTRATIONS NNS CHAPTER NN I NN OF IN DEPOSIT NN IN IN GENERAL NP AND CC OF IN ITS PP$ DIFFERENT JJ KINDS NNS Art NN . SENT 1915 CD As IN a DT rule NN , , a DT deposit NN is VBZ a DT transaction NN by IN which WDT one PP receives VVZ the DT thing NN of IN another DT , , on IN condition NN of IN keeping VVG it PP and CC returning VVG it PP in IN kind NN . SENT Art NN . SENT 1916 RB There EX are VBP two CD kinds NNS of IN deposits NNS . SENT actual JJ deposit NN and CC sequestration NN . SENT CHAPTER NN II NP OF IN ACTUAL JJ DEPOSITS NNS Section NN I NN Of IN the DT Nature NN and CC Essence NN of IN the DT Contract NN of IN Deposit NP Art NP . SENT 1917 RB An DT actual JJ deposit NN is VBZ a DT contract NN essentially RB gratuitous JJ . SENT Art NN . SENT 1918 CD It PP may MD have VH as IN its PP$ object NN only RB movable JJ things NNS . SENT Art NN . SENT 1919 CD It PP is VBZ complete JJ only RB by IN the DT actual JJ or CC symbolic JJ handing VVG over RP of IN the DT thing NN deposited VVD . SENT A DT symbolic JJ handing VVG over IN is VBZ sufficient JJ where WRB the DT depositary NN is VBZ already RB in IN possession NN , , in IN some DT other JJ capacity NN , , of IN the DT thing NN which WDT one PP agrees VVZ to TO leave VV with IN him PP as IN a DT deposit NN . SENT Art NN . SENT 1920 CD Deposit NP is VBZ voluntary JJ or CC necessary JJ . SENT Section NP II NP Of IN Voluntary JJ Deposits NNS Art NN . SENT 1921 CD A NP voluntary JJ deposit NN is VBZ concluded VVN by IN the DT reciprocal JJ consent NN of IN the DT person NN who WP makes VVZ the DT deposit NN and CC of IN the DT one NN who WP receives VVZ it PP . SENT Art NN . SENT 1922 CD A NP voluntary JJ deposit NN may MD only RB be VB made VVN by IN the DT owner NN of IN the DT thing NN deposited VVD or CC with IN his PP$ express JJ or CC tacit JJ consent NN . SENT Art NN . SENT 1923 CD repealed VVN Art NN . SENT 1924 CD Where WRB a DT deposit NN which WDT exceeds VVZ the DT figure NN provided VVD for IN in IN Article NP 1341 CD is VBZ not RB proved VVN in IN writing VVG Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD , , the DT one NN who WP is VBZ sued VVN as IN depositary NN is VBZ believed VVN on IN his PP$ declaration NN , , either CC as RB to TO the DT fact NN itself PP of IN the DT deposit NN , , or CC as RB to TO the DT thing NN which WDT was VBD its PP$ object NN , , or CC as RB to TO the DT fact NN of IN its PP$ restitution NN . SENT Art NN . SENT 1925 CD A NP voluntary JJ deposit NN may MD take VV place NN only RB between IN persons NNS capable JJ of IN contracting NN . SENT Nevertheless RB , , where WRB a DT person NN capable JJ of IN contracting NN accepts VVZ a DT deposit NN made VVN by IN a DT person NN under IN a DT disability NN , , he PP is VBZ liable JJ for IN all PDT the DT obligations NNS of IN a DT true JJ depositary NN . SENT he PP may MD be VB sued VVN by IN the DT guardian NN or CC administrator NN of IN the DT person NN who WP made VVD the DT deposit NN . SENT Art NN . SENT 1926 CD Where WRB a DT deposit NN was VBD made VVN by IN a DT person NN who WP is VBZ capable JJ to TO a DT person NN who WP is VBZ not RB , , the DT person NN who WP made VVD the DT deposit NN has VHZ only RB a DT claim NN for IN the DT recovery NN of IN the DT thing NN deposited VVD , , so RB long RB as IN it PP exists VVZ in IN the DT hands NNS of IN the DT depositary NN , , or CC a DT claim NN in IN restitution NN up RP to TO the DT amount NN of IN the DT benefit NN derived VVN by IN the DT latter NN . SENT Section NP III NP Of IN the DT Obligations NNS of IN a DT Depositary NP Art NP . SENT 1927 CD A NP depositary NN must MD take VV , , in IN the DT keeping VVG of IN the DT thing NN deposited VVD , , the DT same JJ care NN as IN he PP does VVZ in IN the DT keeping VVG of IN the DT things NNS which WDT belong VVP to TO him PP . SENT Art NN . SENT 1928 CD The DT provision NN of IN the DT preceding JJ Article NN shall MD be VB applied VVN more RBR strictly RB . SENT 1 CD Where WRB the DT depositary NN has VHZ volunteered VVN for IN receiving VVG the DT deposit NN . SENT 2 CD Where WRB he PP has VHZ stipulated VVD a DT salary NN for IN the DT keeping VVG of IN the DT deposit NN . SENT 3 CD Where WRB the DT deposit NN has VHZ been VBN made VVN solely RB in IN the DT interest NN of IN the DT depositary NN . SENT 4 CD Where WRB it PP has VHZ been VBN expressly RB agreed VVN that IN the DT depositary NN would MD be VB liable JJ for IN any DT kind NN of IN fault NN . SENT Art NN . SENT 1929 CD A NP depositary NN is VBZ not RB , , in IN any DT case NN , , liable JJ for IN the DT accidents NNS of IN force NN majeure NN , , unless IN he PP was VBD given VVN notice NN to TO return VV the DT thing NN deposited VVD . SENT Art NN . SENT 1930 CD He PP may MD not RB make VV use NN of IN the DT thing NN deposited VVD , , without IN the DT express JJ or CC implied JJ permission NN of IN the DT depositor NN . SENT Art NN . SENT 1931 CD He PP may MD not RB attempt VV to TO know VV what WP the DT things NNS are NN which WDT have VHP been VBN deposited VVN with IN him PP , , when WRB they PP have VHP been VBN entrusted VVN to TO him PP in IN a DT closed JJ chest NN or CC under IN a DT sealed JJ cover NN . SENT Art NN . SENT 1932 CD A NP depositary NN must MD return VV the DT exact JJ same JJ thing NN which WDT he PP has VHZ received VVN . SENT Thus RB , , a DT deposit NN of IN sums NNS of IN money NN must MD be VB returned VVN in IN the DT same JJ coins NNS in IN which WDT it PP was VBD made VVN , , either CC in IN the DT case NN of IN increase NN or CC in IN the DT case NN of IN decrease NN of IN their PP$ value NN . SENT Art NN . SENT 1933 CD A NP depositary NN is VBZ only RB bound VVN to TO return VV the DT thing NN deposited VVN in IN the DT condition NN in IN which WDT it PP is VBZ at IN the DT time NN of IN restitution NN . SENT Deteriorations NNS which WDT did VVD not RB occur VV through IN his PP$ act NN shall MD be VB borne VVN by IN the DT depositor NN . SENT Art NN . SENT 1934 CD A DT depositary NN from IN whom WP the DT thing NN was VBD taken VVN away RB through IN a DT force NN majeure NN , , and CC who WP has VHZ received VVN a DT price NN or CC something NN in IN its PP$ place NN , , must MD restore VV what WP he PP has VHZ receive VV in IN exchange NN . SENT Art NN . SENT 1935 CD An DT heir NN of IN the DT depositary NN , , who WP has VHZ sold VVN in IN good JJ faith NN the DT thing NN of IN whose WP$ deposit NN he PP was VBD not RB aware JJ , , is VBZ only RB bound VVN to TO return VV the DT price NN which WDT he PP has VHZ received VVN , , or CC to TO assign VV his PP$ action NN against IN the DT buyer NN , , where WRB he PP has VHZ not RB received VVN the DT price NN . SENT Art NN . SENT 1936 CD Where WRB a DT thing NN deposited VVD has VHZ produced VVN fruits NNS which WDT were VBD collected VVN by IN the DT depositary NN , , he PP is VBZ obliged VVN to TO return VV them PP . SENT He PP owes VVZ no DT interest NN on IN money NN deposited VVD , , except IN from IN the DT day NN when WRB he PP has VHZ been VBN given VVN notice NN to TO make VV the DT restitution NN . SENT Art NN . SENT 1937 CD A NP depositary NN must MD return VV the DT thing NN deposited VVD only RB to TO the DT one NN who WP has VHZ entrusted VVN it PP to TO him PP , , or CC to TO the DT one NN in IN whose WP$ name NN the DT deposit NN was VBD made VVN , , or CC to TO the DT one NN who WP has VHZ been VBN designated VVN to TO receive VV it PP . SENT Art NN . SENT 1938 CD He PP may MD not RB require VV the DT one NN who WP made VVD the DT deposit NN to TO prove VV that IN he PP was VBD the DT owner NN of IN the DT thing NN deposited VVD . SENT Nevertheless RB , , where WRB he PP discovers VVZ that IN the DT thing NN has VHZ been VBN stolen VVN , , and CC who WP the DT true JJ owner NN is VBZ , , he PP must MD give VV the DT latter JJ notice NN of IN the DT deposit NN which WDT was VBD made VVN to TO him PP , , with IN demand NN to TO claim VV it PP within IN a DT determined JJ and CC sufficient JJ period NN . SENT Where WRB the DT one NN to TO whom WP notice NN has VHZ been VBN given JJ fails VVZ to TO claim VV the DT deposit NN , , the DT depositary NN is VBZ lawfully RB discharged VVN by IN the DT handing VVG over RP of IN it PP to TO the DT one NN from IN whom WP he PP received VVD it PP . SENT Art NN . SENT 1939 CD In IN case NN of IN . SENT . SENT . SENT death NN of IN the DT person NN who WP made VVD the DT deposit NN , , the DT thing NN deposited VVN may MD be VB returned VVN only RB to TO his PP$ heir NN . SENT Where WRB there EX are VBP several JJ heirs NNS , , it PP must MD be VB returned VVN to TO each DT of IN them PP for IN their PP$ share NN and CC portion NN . SENT Where WRB the DT thing NN deposited VVN is VBZ indivisible JJ , , the DT heirs NNS must MD agree VV between IN them PP to TO receive VV it PP . SENT Art NN . SENT 1940 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Where WRB the DT person NN who WP has VHZ made VVN the DT deposit NN has VHZ been VBN deprived VVN of IN his PP$ powers NNS of IN administration NN , , the DT deposit NN may MD be VB returned VVN only RB to TO the DT one NN who WP has VHZ the DT administration NN of IN the DT property NN of IN the DT depositor NN . SENT Art NN . SENT 1941 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Where WRB a DT deposit NN has VHZ been VBN made VVN by IN a DT guardian NN or CC an DT administrator NN , , in IN one CD of IN these DT capacities NNS , , it PP may MD be VB returned VVN only RB to TO the DT person NN whom WP the DT guardian NN or CC administrator NN represented VVD , , if IN their PP$ management NN or CC administration NN has VHZ come VVN to TO an DT end NN . SENT Art NN . SENT 1942 CD Where WRB the DT contract NN of IN deposit NN specifies VVZ the DT place NN where WRB the DT restitution NN must MD be VB made VVN , , the DT depositary NN is VBZ bound VVN to TO bring VV the DT thing NN deposited VVD to TO that DT place NN . SENT Where WRB there EX are VBP transport NN costs NNS , , they PP shall MD be VB charged VVN to TO the DT depositor NN . SENT Art NN . SENT 1943 CD Where WRB the DT contract NN does VVZ not RB specify VV the DT place NN of IN restitution NN , , it PP must MD be VB done VVN in IN the DT very JJ place NN of IN the DT deposit NN . SENT Art NN . SENT 1944 CD A NP deposit NN must MD be VB returned VVN to TO the DT depositor NN as RB soon RB as IN he PP claims VVZ it PP , , even RB where WRB the DT contract NN has VHZ fixed VVN a DT determined VVN period NN for IN the DT restitution NN . SENT unless IN there EX is VBZ in IN the DT hands NNS of IN the DT depositary NN an DT attachment NN or CC a DT forbidding VVG to TO return VV and CC remove VV the DT thing NN deposited VVD . SENT Art NN . SENT 1945 CD repealed VVN by IN implication NN Art NN . SENT 1946 RB All PDT the DT obligations NNS of IN a DT depositary NN come VVN to TO an DT end NN where WRB he PP happens VVZ to TO discover VV and CC prove VV that IN he PP is VBZ himself PP the DT owner NN of IN the DT thing NN deposited VVD . SENT Section NP IV NP Of IN the DT Obligations NNS of IN the DT Person NP by IN Whom WP a DT Deposit NP was VBD Made VVN Art NN . SENT 1947 CD The DT person NN who WP made VVD a DT deposit NN is VBZ bound VVN to TO reimburse VV the DT depositary NN for IN expenses NNS incurred VVN for IN the DT preservation NN of IN the DT thing NN deposited VVD , , and CC to TO indemnify VV him PP for IN all PDT the DT losses NNS which WDT the DT deposit NN may MD have VH occasioned VVN him PP . SENT Art NN . SENT 1948 CD A NP depositary NN may MD retain VV the DT deposit NN until IN full JJ payment NN of IN what WP is VBZ owed VVN him PP by IN reason NN of IN the DT deposit NN . SENT Section NN V NN Of IN Necessary NP Deposits NPS Art NP . SENT 1949 CD A NP necessary JJ deposit NN is VBZ one NN which WDT was VBD forced VVN by IN some DT accident NN , , such JJ as IN a DT fire NN , , ruin VV , , pillage VV , , shipwreck NN or CC other JJ unforeseen JJ event NN . SENT Art NN . SENT 1950 CD Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD Proof NN by IN witnesses NNS may MD be VB admitted VVN as RB to TO a DT necessary JJ deposit NN , , although IN the DT amount NN concerned JJ exceeds VVZ the DT figure NN provided VVD for IN by IN Article NP 1341 CD . SENT Art NN . SENT 1951 CD As RB to TO other JJ issues NNS , , a DT necessary JJ deposit NN shall MD be VB governed VVN by IN all PDT the DT rules NNS previously RB laid VVN down RP . SENT Art NN . SENT 1952 CD Act NP n NN 73 CD 1141 CD of IN 24 CD Dec NP . SENT 1973 CD Innkeepers NNS or CC hotel NN keepers NNS are VBP liable JJ , , as IN depositaries NNS , , for IN clothes NNS , , luggage NN and CC various JJ effects NNS brought VVN into IN their PP$ business NN premises NNS by IN a DT traveller NN lodging VVG with IN them PP . SENT the DT deposit NN of IN effects NNS of IN that DT kind NN shall MD be VB considered VVN as IN a DT necessary JJ deposit NN . SENT Art NN . SENT 1953 CD Act NP n NN 73 CD 1141 CD of IN 24 CD Dec NP . SENT 1973 CD They PP are VBP liable JJ for IN theft NN or CC for IN damage NN to TO those DT effects NNS , , whether IN the DT theft NN was VBD committed VVN or CC the DT damage NN caused VVN by IN their PP$ servants NNS or CC employees NNS , , or CC by IN strangers NNS going VVG to TO and CC fro RB in IN the DT hotel NN . SENT That DT liability NN is VBZ unlimited JJ , , notwithstanding IN any DT clause NN to TO the DT contrary NN , , in IN case NN of IN theft NN or CC deterioration NN of IN all DT kinds NNS of IN effects NNS deposited VVN within IN their PP$ hands NNS or CC which WDT they PP refused VVD to TO receive VV without IN rightful JJ reason NN . SENT In IN all DT other JJ cases NNS , , damages NNS due JJ to TO a DT traveller NN are VBP , , to TO the DT exclusion NN of IN any DT agreed VVD lower JJR limitation NN , , limited VVN to TO the DT equivalent NN of IN one CD hundred CD times NNS the DT price NN of IN rental NN of IN lodging VVG per IN day NN , , except IN when WRB the DT traveller NN proves VVZ that IN the DT damage NN he PP has VHZ suffered VVN results NNS from IN a DT fault NN of IN the DT person NN who WP shelters NNS him PP or CC of IN the DT persons NNS for IN whom WP the DT latter NN is VBZ responsible JJ . SENT Art NN . SENT 1954 CD Act NP n NN 73 CD 1141 CD of IN 24 CD Dec NP . SENT 1973 CD Innkeepers NNS or CC hotel NN keepers NNS are VBP not RB liable JJ for IN thefts NNS or CC damage NN which WDT happen VVP through IN force NN majeure NN , , nor CC for IN the DT loss NN which WDT results VVZ from IN the DT nature NN or CC from IN a DT defect NN of IN the DT thing NN , , on IN condition NN that IN they PP prove VVP the DT fact NN which WDT they PP allege VVP . SENT In IN derogation NN to TO the DT provisions NNS of IN Article NP 1953 CD , , innkeepers NNS or CC hotel NN keepers NNS are VBP responsible JJ for IN the DT objects NNS left VVN in IN vehicles NNS parked VVN on IN a DT place NN of IN which WDT they PP have VHP private JJ enjoyment NN up RB to TO the DT amount NN of IN fifty CD times NNS the DT price NN of IN rental NN of IN lodging VVG per IN day NN . SENT Articles NNS 1952 CD and CC 1953 CD shall MD not RB apply VV to TO living VVG animals NNS . SENT CHAPTER NN III NP OF IN SEQUESTRATIONS NNS Section NN I NN Of IN the DT Various JJ Kinds NNS of IN Sequestration NN Art NN . SENT 1955 CD Sequestration NN is VBZ either RB conventional JJ or CC judicial JJ . SENT Section NP II NP Of IN Conventional JJ Sequestration NN Art NN . SENT 1956 CD Conventional JJ sequestration NN is VBZ a DT deposit NN made VVN by IN one CD or CC several JJ persons NNS , , of IN a DT thing NN in IN contest NN , , into IN the DT hands NNS of IN a DT third JJ party NN who WP binds VVZ himself PP to TO return VV it PP , , after IN the DT controversy NN is VBZ over RP , , to TO the DT person NN who WP will MD be VB judged VVN entitled VVN to TO obtain VV it PP . SENT Art NN . SENT 1957 CD Sequestration NN need MD not RB be VB gratuitous JJ . SENT Art NN . SENT 1958 CD Where WRB it PP is VBZ gratuitous JJ , , it PP is VBZ governed VVN by IN the DT rules NNS of IN an DT actual JJ deposit NN , , subject JJ to TO the DT differences NNS hereinafter RB stated VVN . SENT Art NN . SENT 1959 CD Sequestration NN may MD have VH as IN its PP$ object NN not RB only RB movable JJ effects NNS , , but CC also RB immovables NNS . SENT Art NN . SENT 1960 CD A DT depositary NN in IN charge NN of IN a DT sequestration NN may MD be VB discharged VVN , , before IN the DT end NN of IN the DT controversy NN , , only RB by IN consent NN of IN all PDT the DT interested JJ parties NNS , , or CC for IN a DT reason NN judged VVN rightful JJ . SENT Section NP III NP Of IN Judicial NP Sequestration NN or CC Deposit NP Art NP . SENT 1961 CD A NP court NN may MD order VV sequestration NN . SENT 1 CD Of IN movables NNS seized VVN on IN a DT debtor NN . SENT 2 CD Of IN an DT immovable JJ or CC of IN a DT movable JJ thing NN whose WP$ ownership NN or CC possession NN is VBZ in IN contest NN between IN two CD or CC several JJ persons NNS . SENT 3 CD Of IN things NNS which WDT a DT debtor JJ tenders NNS in IN order NN to TO be VB discharged VVN . SENT Art NN . SENT 1962 CD The DT appointment NN of IN a DT judicial JJ custodian NN produces VVZ reciprocal JJ obligations NNS between IN the DT attaching VVG party NN and CC the DT custodian NN . SENT A DT custodian NN must MD give VV the DT care NN of IN a DT prudent JJ owner NN for IN the DT preservation NN of IN the DT things NNS seized VVD . SENT He PP must MD present VV them PP , , either CC to TO the DT attaching VVG party NN for IN being VBG discharged VVN in IN case NN of IN sale NN , , or CC to TO the DT party NN against IN whose WP$ property NN execution NN has VHZ been VBN levied VVN , , in IN case NN of IN cancellation NN of IN the DT seizure NN . SENT The DT obligation NN of IN an DT attaching VVG party NN consists VVZ in IN paying VVG the DT custodian NN the DT salary NN fixed VVN by IN law NN . SENT Art NN . SENT 1963 CD Judicial NP sequestration NN shall MD be VB given VVN , , either CC to TO a DT person NN agreed VVD upon RP by IN the DT parties NNS concerned VVN , , or CC to TO a DT person NN appointed VVN by IN the DT judge NN of IN his PP$ own JJ motion NN . SENT In IN either DT case NN , , the DT one NN to TO whom WP a DT thing NN is VBZ entrusted VVN is VBZ subject JJ to TO all PDT the DT obligations NNS which WDT a DT conventional JJ sequestration NN involves VVZ . SENT TITLE NN XII NP OF IN ALEATORY JJ CONTRACTS NNS Art NN . SENT 1964 RB An DT aleatory JJ contract NN is VBZ a DT reciprocal JJ agreement NN whose WP$ effects NNS , , as RB to TO advantages NNS and CC to TO losses NNS , , either CC for IN all PDT the DT parties NNS , , or CC for IN one CD or CC several JJ of IN them PP , , depend VV upon IN an DT uncertain JJ event NN . SENT Such JJ are VBP . SENT Insurance NN contracts NNS . SENT Bottomry NN contracts NNS . SENT Gaming NN and CC betting VVG . SENT Contracts NNS for IN life NN annuity NN . SENT The DT first JJ two CD are VBP governed VVN by IN maritime JJ law NN . SENT CHAPTER NN I NN OF IN GAMING NN AND CC BETTING VVG Art NN . SENT 1965 CD Legislation NN does VVZ not RB grant VV any DT action NN for IN a DT gaming NN debt NN or CC for IN the DT payment NN of IN a DT bet NN . SENT Art NN . SENT 1966 CD Games NPS proper JJ to TO train VV in IN the DT use NN of IN arms NNS , , foot NN or CC horse NN races NNS , , chariot NN races NNS , , tennis NN and CC other JJ games NNS of IN the DT same JJ kind NN which WDT involve VVP skill NN and CC bodily JJ exercise NN , , are VBP excepted VVN from IN the DT precedent NN provision NN . SENT Nevertheless RB , , the DT court NN may MD dismiss VV the DT complaint NN where WRB the DT sum NN seems VVZ excessive JJ . SENT Art NN . SENT 1967 CD In IN no DT case NN may MD the DT loser NN recover VV what WP he PP has VHZ voluntarily RB paid VVN , , unless IN there EX was VBD , , on IN the DT part NN of IN the DT winner NN , , deception NN , , fraud NN or CC swindling VVG . SENT CHAPTER NN II NP OF IN CONTRACT NN FOR IN LIFE NN ANNUITY NN Section NN I NN Of IN the DT Requisites NNS for IN the DT Validity NN of IN the DT Contract NP Art NP . SENT 1968 CD A NP life NN annuity NN may MD be VB settled VVN for IN value NN , , for IN a DT sum NN of IN money NN or CC for IN a DT valuable JJ movable JJ thing NN , , or CC for IN an DT immovable JJ . SENT Art NN . SENT 1969 CD It PP may MD also RB be VB settled VVN , , purely RB gratuitously RB , , by IN gift NN inter VV vivos NNS or CC by IN will NN . SENT It PP must MD then RB bear VV the DT forms NNS required VVN by IN legislation NN . SENT Art NN . SENT 1970 CD In IN the DT case NN of IN the DT preceding JJ Article NN , , a DT life NN annuity NN may MD be VB abated VVN , , where WRB it PP exceeds VVZ what WP one PP is VBZ allowed VVN to TO dispose VV of IN . SENT it PP is VBZ void JJ , , where WRB it PP is VBZ for IN the DT benefit NN of IN a DT person NN incapable JJ of IN receiving VVG it PP . SENT Art NN . SENT 1971 CD A NP life NN annuity NN may MD be VB settled VVN either RB on IN the DT head NN of IN the DT one NN who WP furnishes VVZ the DT price NN of IN it PP , , or CC on IN the DT head NN of IN a DT third JJ person NN , , who WP has VHZ no DT right NN to TO enjoy VV it PP . SENT Art NN . SENT 1972 CD It PP may MD be VB settled VVN on IN one CD or CC several JJ heads NNS . SENT Art NN . SENT 1973 CD It PP may MD settled VVN for IN the DT benefit NN of IN a DT third JJ person NN , , although IN the DT price NN is VBZ paid VVN by IN another DT person NN . SENT In IN the DT latter JJ case NN , , although IN it PP has VHZ the DT character NN of IN a DT gratuitous JJ transfer NN , , it PP is VBZ not RB subject JJ to TO the DT forms NNS required VVN for IN gifts NNS . SENT except IN for IN the DT cases NNS of IN abatement NN and CC avoidance NN stated VVN in IN Article NP 1970 CD . SENT Act NP n NN 63 CD 1092 CD of IN 6 CD Nov NP . SENT 1963 CD Where WRB , , settled VVN by IN spouses NNS or CC one CD of IN them PP , , an DT annuity NN is VBZ stipulated VVD to TO be VB revertible JJ in IN favour NN of IN the DT surviving VVG spouse NN , , the DT clause NN which WDT imports VVZ that DT property NN is VBZ to TO revert VV to TO him PP or CC her PP may MD have VH the DT character NN of IN a DT gratuitous JJ transfer NN or CC that IN of IN a DT transaction NN for IN value NN . SENT In IN that DT latter JJ case NN , , the DT reimbursement NN or CC the DT indemnity NN owed VVN by IN the DT beneficiary NN of IN the DT reversion NN to TO the DT community NN or CC to TO the DT succession NN of IN the DT predeceaser NN is VBZ equal JJ to TO the DT value NN of IN the DT reversion NN of IN the DT annuity NN . SENT Except IN for IN contrary JJ intention NN of IN the DT spouses NNS , , an DT annuity NN is VBZ deemed VVN to TO have VH been VBN granted VVN gratuitously RB . SENT Art NN . SENT 1974 CD A DT contract NN for IN life NN annuity NN created VVN on IN the DT head NN of IN a DT person NN who WP was VBD dead JJ at IN the DT day NN of IN the DT contract NN does VVZ not RB produce VV any DT effect NN . SENT Art NN . SENT 1975 CD It PP shall MD be VB the DT same JJ for IN a DT contract NN by IN which WDT an DT annuity NN was VBD created VVN on IN the DT head NN of IN a DT person NN suffering NN from IN an DT illness NN of IN which WDT he PP died VVD within IN twenty CD days NNS after IN the DT date NN of IN the DT contract NN . SENT Art NN . SENT 1976 CD A NP life NN annuity NN may MD be VB settled VVN at IN the DT rate NN which WDT it PP please VVP the DT parties NNS to TO fix VV . SENT Section NP II NP Of IN the DT Effects NNS of IN the DT Contract NN between IN the DT Contracting NN Parties NNS Art NN . SENT 1977 CD The DT one NN in IN whose WP$ favour NN a DT life NN annuity NN was VBD settled VVN for IN a DT price NN may MD apply VV for IN the DT termination NN of IN the DT contract NN where WRB the DT grantor NN does VVZ not RB give VV the DT guarantees NNS stipulated VVD for IN its PP$ performance NN . SENT Art NN . SENT 1978 RB The DT mere JJ failure NN to TO pay VV the DT income NN of IN the DT annuity NN does VVZ not RB entitle VV the DT one NN in IN whose WP$ favour NN it PP is VBZ settled VVN to TO apply VV for IN the DT reimbursement NN of IN the DT capital NN or CC to TO re NN enter VV into IN the DT tenement NN transferred VVN by IN him PP . SENT he PP only RB has VHZ the DT right NN to TO seize VV and CC have VHP the DT property NN of IN his PP$ debtor JJ sold VVN and CC to TO have VH ordered VVN or CC agreed VVN that IN , , out RB of IN the DT proceeds NNS of IN the DT sale NN , , a DT sufficient JJ sum NN be VB invested VVN for IN the DT payment NN of IN the DT income NN . SENT Art NN . SENT 1979 CD A NP grantor NN may MD not RB exonerate VV himself PP from IN paying VVG the DT annuity NN , , by IN offering VVG to TO reimburse VV the DT capital NN , , and CC waiving VVG recovery NN of IN the DT income NN paid VVD . SENT he PP is VBZ bound VVN to TO pay VV the DT annuity NN during IN the DT whole JJ life NN of IN the DT person NN or CC persons NNS on IN whose WP$ heads NNS the DT annuity NN was VBD settled VVN , , whatever WDT the DT duration NN of IN the DT life NN of IN those DT persons NNS may MD be VB and CC however RB onerous JJ the DT payment NN of IN the DT annuity NN may MD have VH become VVN . SENT Art NN . SENT 1980 CD A NP life NN annuity NN is VBZ acquired VVN by IN the DT annuitant NN only RB in IN proportion NN to TO the DT number NN of IN days NNS he PP has VHZ lived VVN . SENT Nevertheless RB , , where WRB it PP was VBD agreed VVN that IN it PP would MD be VB paid VVN in IN advance NN , , the DT instalment NN which WDT ought MD to TO be VB paid VVN is VBZ acquired VVN from IN the DT day NN when WRB its PP$ payment NN ought MD to TO be VB made VVN . SENT Art NN . SENT 1981 CD A NP life NN annuity NN may MD be VB stipulated VVD to TO be VB exempt JJ from IN execution NN only RB where WRB it PP was VBD settled VVN gratuitously RB . SENT Art NN . SENT 1982 CD repealed VVN by IN implication NN Art NN . SENT 1983 CD The DT annuitant NN of IN an DT annuity NN may MD claim VV income NN only RB by IN proving VVG his PP$ existence NN , , or CC that IN of IN the DT person NN on IN whose WP$ head NN it PP was VBD settled VVN . SENT TITLE NN XIII NP OF IN AGENCY NN CHAPTER NN I NN OF IN THE DT NATURE NN AND CC FORM NN OF IN AGENCY NN Art NN . SENT 1984 CD An DT agency NN or CC power NN of IN attorney NN is VBZ a DT transaction NN by IN which WDT a DT person NN gives VVZ to TO another DT the DT authority NN to TO do VV something NN for IN the DT principal NN and CC in IN his PP$ name NN . SENT An DT agency NN is VBZ formed VVN only RB through IN acceptance NN of IN the DT agent NN . SENT Art NN . SENT 1985 CD An DT agency NN may MD be VB given VVN by IN an DT authentic JJ instrument NN or CC by IN an DT instrument NN under IN private JJ signature NN , , even RB by IN letter NN . SENT It PP may MD also RB be VB given VVN verbally RB , , but CC proof NN of IN it PP by IN witness NN is VBZ received VVN only RB in IN accordance NN with IN the DT Title NN Of IN Contracts NNS or CC of IN Conventional JJ Obligations NNS in IN General NP Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD . SENT Acceptance NP of IN an DT agency NN may MD be VB only RB tacit JJ and CC result NN from IN the DT performance NN of IN it PP effected VVD by IN the DT agent NN . SENT Art NN . SENT 1986 CD An DT agency NN is VBZ gratuitous JJ , , unless IN there EX is VBZ an DT agreement NN to TO the DT contrary NN . SENT Art NN . SENT 1987 CD It PP is VBZ either RB special JJ and CC for IN one CD or CC several JJ deals NNS only RB , , or CC general JJ and CC for IN all PDT the DT affairs NNS of IN the DT principal NN . SENT Art NN . SENT 1988 CD An DT agency NN worded VVN in IN general JJ terms NNS includes VVZ only JJ acts NNS of IN administration NN . SENT Where WRB it PP is VBZ intended VVN to TO transfer VV or CC mortgage NN , , or CC do VVP some DT other JJ transaction NN relating VVG to TO ownership NN , , the DT agency NN must MD be VB express JJ . SENT Art NN . SENT 1989 CD An DT agent NN may MD do VV nothing NN beyond IN what WP is VBZ expressed VVN in IN his PP$ agency NN . SENT the DT authority NN to TO compromise NN does VVZ not RB include VV that IN to TO enter VV into IN an DT arbitration NN agreement NN . SENT Art NN . SENT 1990 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD A DT non JJ emancipated VVN minor NN may MD be VB chosen VVN as IN an DT agent NN . SENT but CC the DT principal NN has VHZ an DT action NN against IN him PP only RB in IN accordance NN with IN the DT general JJ rules NNS relating VVG to TO the DT obligations NNS of IN minors NNS . SENT CHAPTER NN II NP OF IN THE DT OBLIGATIONS NNS OF IN THE DT AGENT NN Art NN . SENT 1991 CD An DT agent NN is VBZ bound VVN to TO perform VV the DT agency NN so RB long RB as IN he PP responsible JJ for IN it PP , , and CC is VBZ liable JJ for IN the DT damages NNS which WDT may MD result VV from IN his PP$ non JJ performance NN . SENT He PP is VBZ also RB bound VVN at IN the DT death NN of IN the DT principal NN to TO complete VV a DT matter NN initiated VVD , , where WRB there EX is VBZ danger NN in IN delay NN . SENT Art NN . SENT 1992 CD An DT agent NN is VBZ liable JJ not RB only RB for IN intentional JJ breach NN , , but CC also RB for IN faults NNS committed VVN in IN his PP$ management NN . SENT Nevertheless RB , , the DT liability NN for IN faults NNS is VBZ implemented VVN less RBR rigorously RB against IN the DT one NN whose WP$ agency NN is VBZ gratuitous JJ than IN against IN the DT one CD receiving VVG a DT salary NN . SENT Art NN . SENT 1993 CD Every DT agent NN is VBZ bound VVN to TO account VV for IN his PP$ management NN , , and CC to TO return VV to TO the DT principal NN all RB that IN he PP received VVD by IN virtue NN of IN his PP$ power NN of IN attorney NN , , even RB where WRB what WP he PP received VVD was VBD not RB owed VVN to TO the DT principal NN . SENT Art NN . SENT 1994 CD An DT agent NN answers VVZ for IN the DT one CD whom WP he PP has VHZ substituted VVN for IN himself PP in IN his PP$ management NN . SENT 1 CD where WRB he PP did VVD not RB receive VV the DT authority NN to TO substitute VV someone NN . SENT 2 CD where WRB that DT authority NN was VBD granted VVN to TO him PP without IN designation NN of IN a DT person NN and CC the DT one CD whom WP he PP has VHZ chosen VVN was VBD notoriously RB incompetent JJ or CC insolvent JJ . SENT In IN all DT cases NNS , , a DT principal NN may MD directly RB sue VV the DT person NN whom WP the DT agent NN has VHZ substituted VVN for IN himself PP . SENT Art NN . SENT 1995 CD Where WRB there EX are VBP several JJ proxies NNS or CC agents NNS appointed VVN by IN the DT same JJ instrument NN , , there EX is VBZ no DT joint JJ and CC several JJ liability NN between IN them PP , , unless IN it PP is VBZ expressed VVN . SENT Art NN . SENT 1996 CD An DT agent NN owes VVZ interest NN on IN sums NNS employed VVN for IN his PP$ own JJ use NN , , from IN that DT use NN . SENT and CC on IN those DT of IN which WDT he PP is VBZ debtor JJ for IN the DT balance NN , , from IN the DT day NN when WRB he PP is VBZ given VVN notice NN . SENT Art NN . SENT 1997 CD An DT agent NN who WP has VHZ given VVN the DT party NN with IN whom WP he PP contracts VVZ , , in IN that DT capacity NN , , a DT sufficient JJ knowledge NN of IN his PP$ authority NN is VBZ not RB held VVN to TO any DT warranty NN for IN what WP has VHZ been VBN made VVN outside IN the DT scope NN of IN that DT authority NN , , unless IN he PP has VHZ personally RB taken VVN charge NN of IN it PP . SENT CHAPTER NN III NP OF IN THE DT OBLIGATIONS NNS OF IN THE DT PRINCIPAL JJ Art NN . SENT 1998 CD A NP principal NN is VBZ bound VVN to TO perform VV the DT undertakings NNS contracted VVN by IN the DT agent NN , , in IN accordance NN with IN the DT authority NN granted VVN to TO him PP . SENT He PP is VBZ bound VVN for IN what WP may MD have VH been VBN done VVN outside IN its PP$ scope NN , , only RB where WRB he PP has VHZ expressly RB or CC tacitly RB ratified VVD it PP . SENT Art NN . SENT 1999 CD A NP principal NN must MD reimburse VV the DT agent NN for IN the DT advances NNS and CC expenses NNS which WDT the DT latter NN made VVN for IN the DT performance NN of IN the DT agency NN , , and CC pay VV him PP his PP$ salary NN where WRB it PP has VHZ been VBN promised VVN . SENT Where WRB no DT fault NN may MD be VB ascribed VVN to TO the DT agent NN , , the DT principal NN may MD not RB dispense VV with IN making VVG those DT reimbursements NNS and CC payments NNS , , even RB if IN the DT matter NN did VVD not RB succeed VV , , and CC he PP may MD not RB have VH the DT amount NN of IN the DT expenses NNS and CC advances NNS reduced VVN on IN the DT pretext NN that IN they PP could MD have VH cost VVN less RBR . SENT Art NN . SENT 2000 CD A NP principal NN must MD also RB compensate VV the DT agent NN for IN the DT losses NNS which WDT the DT latter NN has VHZ incurred VVN on IN the DT occasion NN of IN his PP$ management NN , , without IN an DT imprudent JJ act NN being VBG ascribable JJ to TO him PP . SENT Art NN . SENT 2001 CD Interest NN on IN the DT advances NNS made VVN by IN the DT agent NN is VBZ owed VVN to TO him PP by IN the DT principal NN , , from IN the DT day NN of IN the DT advances NNS which WDT are VBP proved VVN . SENT Art NN . SENT 2002 CD Where WRB an DT agent NN has VHZ been VBN appointed VVN by IN several JJ persons NNS , , for IN a DT common JJ affair NN , , each DT of IN them PP is VBZ jointly RB and CC severally RB liable JJ towards IN him PP for IN all PDT the DT effects NNS of IN the DT agency NN . SENT CHAPTER NN IV NP OF IN THE DT DIFFERENT JJ WAYS NNS IN IN WHICH WDT AN DT AGENCY NN COMES VVZ TO TO AN DT END NN Art NN . SENT 2003 CD An DT agency NN comes VVZ to TO an DT end NN . SENT By IN the DT revocation NN of IN the DT agent NN . SENT By IN the DT renunciation NN of IN the DT agency NN by IN the DT latter NN . SENT By IN the DT . SENT . SENT death NN , , guardianship NN of IN adults NNS or CC insolvency NN , , either CC of IN the DT principal NN , , or CC of IN the DT agent NN . SENT Art NN . SENT 2004 CD A NP principal NN may MD revoke VV his PP$ power NN of IN attorney NN when WRB he PP pleases VVZ and CC compel VV , , if IN there EX is VBZ occasion NN , , the DT agent NN to TO return VV to TO him PP , , either CC the DT instrument NN under IN private JJ signature NN which WDT contains VVZ it PP , , or CC the DT original NN of IN the DT power NN of IN attorney NN , , where WRB it PP has VHZ been VBN delivered VVN without IN being VBG recorded VVN , , or CC the DT office NN copy NN , , where WRB the DT original NN has VHZ been VBN kept VVN . SENT Art NN . SENT 2005 CD A DT revocation NN of IN which WDT only RB the DT agent NN has VHZ been VBN given VVN notice NN is VBZ not RB effective JJ against IN third JJ parties NNS who WP have VHP dealt VVN without IN knowing VVG of IN that DT revocation NN , , except IN for IN the DT remedy NN of IN the DT principal NN against IN the DT agent NN . SENT Art NN . SENT 2006 CD The DT appointment NN of IN a DT new JJ agent NN for IN the DT same JJ affair NN involves VVZ revocation NN of IN the DT first JJ one NN , , from IN the DT day NN when WRB notice NN of IN it PP has VHZ been VBN given VVN to TO the DT latter NN . SENT Art NN . SENT 2007 CD An DT agent NN may MD renounce VV the DT agency NN by IN giving VVG notice NN of IN his PP$ renunciation NN to TO the DT principal NN . SENT Nevertheless RB , , where WRB that DT renunciation NN prejudices NNS the DT principal NN , , he PP must MD be VB compensated VVN by IN the DT agent NN , , unless IN the DT latter NN is VBZ unable JJ to TO continue VV the DT agency NN without IN himself PP suffering VVG a DT considerable JJ loss NN . SENT Art NN . SENT 2008 CD Where WRB an DT agent NN has VHZ no DT knowledge NN of IN the DT death NN of IN the DT principal NN or CC of IN one CD of IN the DT other JJ causes NNS which WDT make VVP an DT agency NN come VVN to TO an DT end NN , , what WDT he PP has VHZ done VVN in IN that DT ignorance NN is VBZ valid JJ . SENT Art NN . SENT 2009 CD In IN the DT above JJ cases NNS , , the DT undertakings NNS of IN the DT agent NN shall MD be VB performed VVN with IN regard NN to TO third JJ parties NNS who WP are VBP in IN good JJ faith NN . SENT Art NN . SENT 2010 CD In IN case NN of IN death NN of IN an DT agent NN , , his PP$ heirs NNS must MD give VV notice NN of IN it PP to TO the DT principal NN , , and CC , , in IN the DT meantime NN , , attend VV to TO what WP the DT circumstances NNS may MD require VV in IN the DT interest NN of IN the DT latter NN . SENT TITLE NN XIV NP OF IN SURETYSHIP NN CHAPTER NN I NN OF IN THE DT NATURE NN AND CC EXTENT NN OF IN SURETYSHIP NN Art NN . SENT 2011 CD A NP person NN who WP makes VVZ himself PP surety NN for IN an DT obligation NN binds VVZ himself PP towards IN the DT creditor NN to TO perform VV that DT obligation NN , , if IN the DT debtor NN does VVZ not RB perform VV it PP himself PP . SENT Art NN . SENT 2012 CD A NP suretyship NN may MD exist VV only RB on IN a DT valid JJ obligation NN . SENT One PP may MD nevertheless RB stand VV surety NN for IN an DT obligation NN , , although IN it PP may MD be VB avoided VVN by IN a DT defence NN purely RB personal JJ to TO the DT obligor NN . SENT for IN instance NN , , in IN case NN of IN minority NN . SENT Art NN . SENT 2013 CD A NP suretyship NN may MD not RB exceed VV what WP is VBZ owed VVN by IN the DT debtor NN , , nor CC be VB contracted VVN under IN more JJR onerous JJ conditions NNS . SENT It PP may MD be VB contracted VVN for IN a DT part NN of IN the DT debt NN only RB , , and CC under IN less JJR onerous JJ conditions NNS . SENT A DT suretyship NN which WDT exceeds VVZ the DT debt NN , , or CC which WDT is VBZ contracted VVN under IN more JJR onerous JJ conditions NNS , , is VBZ not RB void JJ . SENT it PP is VBZ only RB reducible JJ to TO the DT extent NN of IN the DT principal JJ obligation NN . SENT Art NN . SENT 2014 CD One CD may MD become VV surety NN without IN an DT order NN of IN the DT person NN for IN whom WP one PP becomes VVZ bound VVN , , and CC even RB without IN his PP$ knowledge NN . SENT One PP may MD also RB become VV surety NN , , not RB only RB of IN the DT principal JJ debtor NN , , but CC also RB of IN the DT person NN who WP has VHZ given VVN security NN for IN him PP . SENT Art NN . SENT 2015 CD Suretyship NN is VBZ not RB presumed VVN . SENT it PP must MD be VB express JJ , , and CC one PP may MD not RB extend VV it PP beyond IN the DT limits NNS within IN which WDT it PP was VBD contracted VVN . SENT Art NN . SENT 2016 CD Indefinite JJ suretyship NN of IN a DT principal JJ obligation NN extends VVZ to TO the DT accessories NNS of IN the DT debt NN , , even RB to TO the DT costs NNS of IN the DT first JJ claim NN , , and CC to TO all PDT those DT subsequent JJ to TO the DT notice NN given VVN of IN it PP to TO the DT surety NN . SENT Act NP n NN 98 CD 657 CD of IN 29 CD July NP 1998 CD Where WRB that DT suretyship NN is VBZ contracted VVN by IN a DT natural JJ person NN , , the DT latter NN shall MD be VB informed VVN by IN the DT creditor NN of IN the DT evolution NN of IN the DT amount NN of IN the DT claim NN guaranteed VVN and CC of IN those DT accessories NNS at IN least JJS once IN a DT year NN at IN the DT date NN agreed VVD between IN the DT parties NNS or CC , , failing VVG which WDT , , at IN the DT anniversary NN date NN of IN the DT contract NN , , on IN pain NN of IN forfeiture NN of IN all PDT the DT accessories NNS of IN the DT debts NNS , , costs NNS and CC penalties NNS . SENT Art NN . SENT 2017 CD The NP undertakings NNS of IN the DT sureties NNS pass VVP to TO their PP$ heirs NNS . SENT . SENT . SENT Art NN . SENT 2018 CD A NP debtor NN compelled VVN to TO give VV a DT surety NN must MD present VV one NN who WP has VHZ capacity NN to TO contract NN , , sufficient JJ property NN to TO answer VV for IN the DT object NN of IN the DT obligation NN , , and CC whose WP$ domicile NN is VBZ in IN the DT territory NN of IN the DT cour NP d SYM appel NN where WRB it PP must MD be VB given VVN . SENT Art NN . SENT 2019 CD The DT solvency NN of IN a DT surety NN is VBZ appreciated VVN only RB with IN regard NN to TO his PP$ landed VVN property NN except IN in IN matters NNS of IN commerce NN and CC where WRB the DT debt NN is VBZ moderate JJ . SENT Regard NN shall MD not RB be VB had VHN to TO immovables NNS in IN dispute NN or CC whose WP$ seizure NN and CC forced VVN sale NN would MD be VB too RB difficult JJ because IN of IN remoteness NN of IN their PP$ location NN . SENT Art NN . SENT 2020 CD Where WRB a DT surety NN received VVD by IN the DT creditor NN , , voluntarily RB or CC in IN court NN , , becomes VVZ afterwards RB insolvent JJ , , a DT new JJ one NN must MD be VB given VVN . SENT The DT sole JJ exception NN to TO that DT rule NN takes VVZ place VV where WRB the DT surety NN was VBD given VVN only RB under IN an DT agreement NN by IN which WDT the DT creditor NN has VHZ required VVN such PDT a DT person NN as IN surety NN . SENT CHAPTER NN II NP OF IN THE DT EFFECTS NNS OF IN SURETYSHIP NN Section NN I NN Of IN the DT Effect NN of IN Suretyship NN between IN the DT Creditor NN and CC the DT Surety NN Art NN . SENT 2021 CD A NP surety NN is VBZ bound VVN towards IN the DT creditor NN to TO pay VV him PP only RB upon IN the DT debtor JJ s NN failure NN , , whose WP$ property NN must MD be VB previously RB exhausted VVN , , unless IN the DT surety NN has VHZ renounced VVD the DT benefit NN of IN seizure NN and CC sale NN , , or CC unless IN he PP is VBZ bound VVN jointly RB and CC severally RB with IN the DT debtor NN , , in IN which WDT case NN the DT effect NN of IN his PP$ undertaking NN is VBZ governed VVN by IN the DT principles NNS established VVN for IN joint JJ and CC several JJ debts NNS . SENT Art NN . SENT 2022 CD A NP creditor NN is VBZ bound VVN to TO exhaust VV the DT main JJ debtor NN s PP property NN only RB where WRB the DT surety NN requires VVZ him PP to TO do VV so RB , , on IN the DT institution NN of IN proceedings NNS against IN the DT latter NN . SENT Art NN . SENT 2023 CD A NP surety NN who WP requires VVZ seizure NN and CC sale NN must MD point VV out RP to TO the DT creditor NN the DT property NN of IN the DT principal JJ debtor NN and CC furnish VV a DT sufficient JJ sum NN to TO have VH the DT proceedings NNS carried VVD out RP . SENT He PP may MD not RB point VV out RP property NN of IN the DT principal JJ debtor NN situated VVN out RP of IN the DT arrondissement NN of IN the DT cour NP d SYM appel NN of IN the DT place NN where WRB payment NN must MD be VB made VVN , , nor CC property NN which WDT is VBZ in IN litigation NN , , nor CC that IN which WDT is VBZ mortgaged VVN for IN the DT debt NN and CC no RB longer RBR in IN the DT possession NN of IN the DT debtor NN . SENT Art NN . SENT 2024 CD Whenever WRB the DT surety NN has VHZ pointed VVN out RP the DT property NN authorized VVD by IN the DT preceding JJ Article NN and CC has VHZ furnished VVN a DT sufficient JJ sum NN to TO have VH the DT seizure NN and CC sale NN carried VVD out RP , , the DT creditor NN is VBZ , , to TO the DT extent NN of IN the DT property NN pointed VVD out RP , , liable JJ towards IN the DT surety NN for IN the DT insolvency NN of IN the DT principal JJ debtor NN which WDT has VHZ occurred VVN in IN consequence NN of IN his PP$ failure NN to TO institute VV proceedings NNS . SENT In IN any DT case NN , , the DT amount NN of IN the DT debts NNS resulting VVG from IN a DT suretyship NN may MD not RB have VH the DT effect NN of IN depriving VVG a DT natural JJ person NN who WP stood VVD as IN surety NN of IN a DT minimum JJ income NN fixed VVN by IN Article NP L NP . SENT 331 CD 2 CD of IN the DT Consumer NP Code NP Act NP n NN 98 CD 657 CD of IN 29 CD July NP 1998 CD . SENT Art NN . SENT 2025 CD Where WRB several JJ persons NNS have VHP become VVN surety NN of IN the DT same JJ debtor NN for IN a DT same JJ debt NN , , each DT one NN is VBZ liable JJ for IN the DT whole JJ debt NN . SENT Art NN . SENT 2026 CD Nevertheless RB , , each DT one NN , , unless IN he PP has VHZ renounced VVD the DT benefit NN of IN division NN , , may MD demand VV that IN the DT creditor NN previously RB divide VVP his PP$ action NN and CC reduce VV it PP to TO the DT part NN and CC portion NN owed VVN by IN each DT surety NN . SENT Where WRB , , at IN the DT time NN when WRB one CD of IN the DT sureties NNS had VHD the DT division NN effected VVD , , some DT of IN them PP were VBD insolvent JJ , , that DT surety NN is VBZ proportionately RB liable JJ for IN those DT insolvencies NNS . SENT but CC he PP may MD no RB longer RBR be VB sued VVN for IN insolvencies NNS happening VVG after IN the DT division NN . SENT Art NN . SENT 2027 CD Where WRB a DT creditor NN has VHZ himself PP and CC voluntarily RB divided VVN his PP$ action NN , , he PP may MD not RB go VV back RB on IN that DT division NN , , although IN there EX were VBD insolvent JJ sureties NNS even RB before IN the DT time NN when WRB he PP consented VVD thereto RB . SENT Section NP II NP Of IN the DT Effect NN of IN Suretyship NN between IN the DT Debtor NN and CC the DT Surety NN Art NN . SENT 2028 CD A NP surety NN who WP has VHZ paid VVN has VHZ his PP$ remedy NN against IN the DT principal JJ debtor NN , , whether IN the DT suretyship NN has VHZ been VBN given VVN with IN or CC without IN the DT knowledge NN of IN the DT debtor NN . SENT That DT remedy NN takes VVZ place NN both CC for IN the DT principal NN and CC for IN the DT interest NN and CC costs NNS . SENT nevertheless RB , , the DT surety NN has VHZ a DT remedy NN only RB for IN the DT costs NNS he PP has VHZ incurred VVN since IN he PP has VHZ given VVN notice NN to TO the DT principal JJ debtor NN of IN the DT proceedings NNS instituted VVN against IN him PP . SENT He PP also RB has VHZ a DT remedy NN for IN damages NNS , , if IN there EX is VBZ occasion NN . SENT Art NN . SENT 2029 CD A NP surety NN who WP has VHZ paid VVN the DT debt NN is VBZ subrogated VVN to TO all PDT the DT rights NNS which WDT the DT creditor NN had VHD against IN the DT debtor NN . SENT Art NN . SENT 2030 CD Where WRB there EX were VBD several JJ principal JJ debtors NNS , , jointly RB and CC severally RB liable JJ for IN a DT same JJ debt NN , , he PP who WP stood VVD as IN surety NN for IN them PP all RB has VHZ , , against IN each DT of IN them PP , , a DT remedy NN for IN the DT recovery NN of IN the DT whole JJ debt NN . SENT Art NN . SENT 2031 CD A NP surety NN who WP has VHZ paid VVN a DT first JJ time NN has VHZ no DT remedy NN against IN a DT principal JJ debtor NN who WP has VHZ paid VVN a DT second JJ time NN , , where WRB he PP has VHZ not RB informed VVN him PP of IN his PP$ paying VVG . SENT except IN for IN his PP$ remedy NN for IN recovery NN against IN the DT creditor NN . SENT Where WRB a DT surety NN has VHZ paid VVN without IN being VBG sued VVN and CC without IN informing VVG the DT principal JJ debtor NN , , he PP has VHZ no DT remedy NN against IN him PP in IN the DT case NN where WRB , , at IN the DT time NN of IN payment NN , , that DT debtor NN would MD have VH had VHN arguments NNS to TO have VH the DT debt NN declared VVD extinct JJ . SENT except IN for IN his PP$ remedy NN for IN recovery NN against IN the DT creditor NN . SENT Art NN . SENT 2032 CD Even RB before IN paying VVG , , a DT surety NN may MD bring VV suit NN against IN the DT debtor NN to TO be VB indemnified VVN by IN him PP . SENT 1 CD Where WRB he PP is VBZ sued VVN in IN court NN for IN payment NN . SENT 2 CD Where WRB the DT debtor NN is VBZ under IN a DT judicial JJ arrangement NN or CC insolvent JJ . SENT 3 CD Where WRB the DT debtor NN was VBD bound VVN to TO discharge VV him PP within IN a DT certain JJ time NN . SENT 4 CD Where WRB the DT debt NN has VHZ become VVN due JJ by IN the DT expiry NN of IN the DT term NN for IN which WDT it PP was VBD contracted VVN . SENT 5 CD At IN the DT end NN of IN ten CD years NNS , , where WRB the DT principal JJ obligation NN has VHZ no RB fixed VVN term NN of IN maturity NN , , unless IN the DT principal JJ obligation NN , , such JJ as IN a DT guardianship NN , , is VBZ not RB extinguishable JJ before IN a DT determinate JJ time NN . SENT Section NP III NP Of IN Effect NN of IN Suretyship NN between IN Co NP Sureties NNS Art NN . SENT 2033 CD Where WRB several JJ persons NNS have VHP been VBN sureties NNS for IN the DT same JJ debtor NN in IN regard NN to TO the DT same JJ debt NN , , a DT surety NN who WP has VHZ satisfied VVN the DT debt NN has VHZ a DT remedy NN against IN the DT other JJ sureties NNS , , for IN the DT share NN and CC portion NN of IN each DT of IN them PP . SENT But CC this DT remedy NN only RB takes VVZ place VV where WRB the DT surety NN has VHZ paid VVN in IN one CD of IN the DT cases NNS mentioned VVN in IN the DT preceding JJ Article NN . SENT CHAPTER NN III NP OF IN THE DT EXTINGUISHMENT NN OF IN SURETYSHIP NN Art NN . SENT 2034 CD The DT obligation NN which WDT results VVZ from IN a DT suretyship NN is VBZ extinguished VVN by IN the DT same JJ causes NNS as IN other JJ obligations NNS . SENT Art NN . SENT 2035 CD A NP merger NN which WDT takes VVZ place NN in IN the DT persons NNS of IN a DT principal JJ debtor NN and CC his PP$ surety NN , , where WRB they PP become VVP heirs NNS one CD to TO the DT other JJ , , does VVZ not RB extinguish VV the DT action NN of IN the DT creditor NN against IN the DT person NN who WP has VHZ stood VVN as IN surety NN for IN the DT surety NN . SENT Art NN . SENT 2036 CD A NP surety NN may MD set VV up RP against IN the DT creditor NN all RB the DT defences NNS which WDT belong VVP to TO the DT principal JJ debtor NN , , and CC which WDT are VBP inherent JJ to TO the DT debt NN . SENT But CC he PP may MD not RB set VV up RP the DT defences NNS which WDT are VBP purely RB personal JJ to TO the DT debtor NN . SENT Art NN . SENT 2037 CD A NP surety NN is VBZ discharged VVN where WRB the DT subrogation NN to TO the DT rights NNS , , mortgages NNS and CC prior JJ claims NNS of IN the DT creditor NN , , may MD no RB longer RB take VV place NN in IN favour NN of IN the DT surety NN , , by IN the DT act NN of IN that DT creditor NN . SENT Any DT clause NN to TO the DT contrary NN shall MD be VB deemed VVN not RB written VVN Act NP n NN 84 CD 148 CD of IN 1 CD March NP 1984 CD . SENT Art NN . SENT 2038 RB The DT voluntary JJ acceptance NN on IN the DT part NN of IN a DT creditor NN of IN an DT immovable JJ or CC of IN any DT property NN in IN payment NN of IN the DT principal JJ debt NN , , discharges NNS the DT surety NN , , even RB where WRB the DT creditor NN is VBZ afterwards RB evicted VVN therefrom RB . SENT Art NN . SENT 2039 CD A NP mere JJ extension NN granted VVN by IN the DT creditor NN to TO the DT principal JJ debtor NN does VVZ not RB discharge VV the DT surety NN , , who WP may MD in IN that DT case NN sue VV the DT debtor NN to TO compel VV him PP to TO pay VV . SENT CHAPTER NN IV NP OF IN STATUTORY JJ AND CC JUDICIAL JJ SURETIES NNS Art NN . SENT 2040 CD Whenever WRB a DT person NN is VBZ bound VVN , , by IN law NN or CC by IN a DT judgment NN , , to TO give VV a DT surety NN , , the DT surety NN tendered VVN must MD fulfil VV the DT conditions NNS required VVN in IN Articles NNS 2018 CD and CC 2019 CD . SENT repealed VVN by IN implication NN Art NN . SENT 2041 CD A NP person NN who WP cannot NN find VV a DT surety NN is VBZ admitted VVN to TO give VV instead RB a DT pawn NN as IN sufficient JJ pledge NN . SENT Art NN . SENT 2042 CD A NP judicial JJ surety NN may MD not RB demand VV the DT seizure NN and CC sale NN of IN the DT principal JJ debtor NN s PP property NN . SENT Art NN . SENT 2043 CD A NP person NN who WP has VHZ merely RB become VVN the DT surety NN of IN a DT judicial JJ surety NN may MD not RB demand VV the DT seizure NN and CC sale NN of IN the DT property NN of IN the DT principal JJ debtor NN and CC of IN the DT surety NN . SENT TITLE NN XV NP OF IN COMPROMISES NNS Art NN . SENT 2044 CD A NP compromise NN is VBZ a DT contract NN by IN which WDT the DT parties NNS settle VVP an DT arisen VVN controversy NN , , or CC prevent VV a DT controversy NN from IN arising VVG . SENT That DT contract NN must MD be VB made VVN in IN writing VVG . SENT Art NN . SENT 2045 CD In IN order NN to TO compromise VV , , one PP must MD have VH the DT capacity NN to TO dispose VV of IN the DT things NNS included VVD in IN the DT compromise NN . SENT A DT guardian NN may MD compromise VV on IN behalf NN of IN a DT minor JJ or CC of IN an DT adult NN in IN guardianship NN only RB in IN accordance NN with IN Article NP 467 CD , , in IN the DT Title NP Of IN Minors NP , , of IN Guardianship NN and CC of IN Emancipation NN . SENT and CC he PP may MD compromise VV with IN a DT minor JJ come VVN of IN age NN with IN respect NN to TO the DT account NN of IN guardianship NN only RB in IN accordance NN with IN Article NP 472 CD of IN the DT same JJ Title NN . SENT Communes NNS and CC public JJ institutions NNS may MD compromise VV only RB with IN the DT express JJ authorization NN of IN the DT President NP of IN the DT Republic NP . SENT Art NN . SENT 2046 CD A NP compromise NN may MD take VV place NN as RB to TO civil JJ interests NNS resulting VVG from IN an DT offence NN . SENT The DT compromise NN does VVZ not RB prevent VV prosecution NN by IN the DT Government NP procurator NN s NN office NN . SENT Art NN . SENT 2047 CD One CD may MD add VV to TO a DT compromise NN the DT stipulation NN of IN a DT penalty NN against IN the DT party NN who WP fails VVZ to TO perform VV it PP . SENT Art NN . SENT 2048 CD Compromises NNS are VBP confined VVN to TO their PP$ purpose NN . SENT a DT renunciation NN made VVD therein RB of IN all DT rights NNS , , actions NNS and CC claims NNS extends VVZ only RB to TO what WP relates VVZ to TO the DT controversy NN about IN which WDT the DT compromise NN has VHZ arisen VVN . SENT Art NN . SENT 2049 CD Compromises NNS regulate VV only RB the DT controversies NNS which WDT are VBP comprised VVN therein RB , , whether IN the DT parties NNS have VHP expressed VVN their PP$ intention NN in IN special JJ or CC general JJ terms NNS , , or CC that DT intention NN comes VVZ out RP as IN a DT necessary JJ consequence NN of IN what WP is VBZ expressed VVN . SENT Art NN . SENT 2050 CD Where WRB a DT person NN who WP has VHZ made VVN a DT compromise NN as RB to TO a DT right NN which WDT he PP had VHD in IN his PP$ own JJ name NN acquires VVZ afterwards RB a DT similar JJ right NN in IN the DT name NN of IN another DT person NN , , he PP is VBZ not RB bound VVN by IN the DT compromise NN previously RB made VVN with IN respect NN to TO the DT right NN newly RB acquired VVN . SENT Art NN . SENT 2051 CD A NP compromise NN made VVD by IN one CD of IN the DT interested JJ parties NNS does VVZ not RB bind NN the DT others NNS and CC may MD not RB be VB invoked VVN by IN them PP . SENT Art NN . SENT 2052 CD Compromises NNS have VHP , , between IN the DT parties NNS , , the DT authority NN of IN res NN judicata NNS of IN a DT final JJ judgment NN . SENT They PP may MD not RB be VB attacked VVN on IN account NN of IN an DT error NN of IN law NN , , nor CC on IN account NN of IN loss NN . SENT Art NN . SENT 2053 CD Nevertheless RB , , a DT compromise NN may MD be VB rescinded VVD , , where WRB there EX is VBZ an DT error NN as RB to TO the DT person NN or CC as RB to TO the DT subject JJ matter NN of IN the DT controversy NN . SENT It PP may MD also RB be VB rescinded VVD where WRB there EX is VBZ deception NN or CC duress NN . SENT Art NN . SENT 2054 CD An DT action NN for IN rescission NN of IN a DT compromise NN also RB lies VVZ where WRB it PP has VHZ been VBN made VVN in IN execution NN of IN an DT instrument NN which WDT is VBZ void JJ , , unless IN the DT parties NNS have VHP expressly RB dealt VVN about IN the DT nullity NN . SENT Art NN . SENT 2055 CD A NP compromise NN made VVN on IN documents NNS which WDT have VHP since RB then RB been VBN found VVN false JJ is VBZ entirely RB void JJ . SENT Art NN . SENT 2056 CD A NP compromise NN made VVD as RB to TO a DT suit NN come VVN to TO an DT end NN owing VVG to TO a DT judgment NN having VHG force NN of IN res NN judicata NNS , , of IN which WDT the DT parties NNS or CC one CD of IN them PP were VBD not RB aware JJ , , is VBZ void JJ . SENT Where WRB the DT judgment NN unknown JJ to TO the DT parties NNS was VBD subject JJ to TO appeal VV , , the DT compromise NN is VBZ valid JJ . SENT Art NN . SENT 2057 CD Where WRB the DT parties NNS have VHP compromised VVN generally RB on IN all PDT the DT matters NNS which WDT they PP might MD have VH with IN one CD another DT , , the DT instruments NNS which WDT were VBD then RB unknown JJ to TO them PP and CC which WDT may MD have VH been VBN afterwards RB discovered VVN , , are VBP not RB a DT ground NN for IN rescission NN , , unless IN they PP have VHP been VBN kept VVN through IN the DT act NN of IN one CD of IN the DT parties NNS . SENT But CC the DT compromise NN is VBZ void JJ where WRB it PP relates VVZ to TO one CD matter NN only JJ to TO which WDT it PP is VBZ proved VVN , , by IN the DT newly RB discovered VVN instruments NNS , , that IN one CD of IN the DT parties NNS had VHD no DT right NN . SENT Art NN . SENT 2058 CD An DT error NN of IN calculation NN in IN a DT compromise NN must MD be VB corrected VVN . SENT TITLE NN XVI NP OF IN ARBITRATION NN AGREEMENTS NNS Act NP n NN 72 CD 626 CD of IN 5 CD July NP 1972 CD Art NN . SENT 2059 CD All NP persons NNS may MD make VV arbitration NN agreements NNS relating VVG to TO rights NNS of IN which WDT they PP have VHP the DT free JJ disposal NN . SENT Art NN . SENT 2060 CD One CD may MD not RB enter VV into IN arbitration NN agreements NNS in IN matters NNS of IN status NN and CC capacity NN of IN the DT persons NNS , , in IN those DT relating VVG to TO divorce NN and CC judicial JJ separation NN or CC on IN controversies NNS concerning VVG public JJ bodies NNS and CC institutions NNS and CC more RBR generally RB in IN all DT matters NNS in IN which WDT public JJ policy NN is VBZ concerned VVN . SENT Act NP n NN 75 CD 596 CD of IN 9 CD July NP 1975 CD However RB , , categories NNS of IN public JJ institutions NNS of IN an DT industrial JJ or CC commercial JJ character NN may MD be VB authorized VVN by IN decree NN to TO enter VV into IN arbitration NN agreements NNS . SENT Art NN . SENT 2061 CD Act NP n NN 2001 CD 420 CD of IN 15 CD May NP 2001 CD Except IN where WRB there EX are VBP particular JJ statutory JJ provisions NNS , , an DT arbitration NN clause NN is VBZ valid JJ in IN the DT contracts NNS concluded VVD by IN reason NN of IN a DT professional JJ activity NN . SENT Art NN . SENT 2062 CD to TO 2070 CD repealed VVN TITLE NN XVII NNS OF IN PLEDGES NNS Art NN . SENT 2071 CD A NP pledge NN is VBZ a DT contract NN by IN which WDT a DT debtor JJ hands NNS over IN a DT thing NN to TO his PP$ creditor NN as IN security NN for IN a DT debt NN . SENT Art NN . SENT 2072 CD A DT pledge NN of IN a DT movable JJ thing NN is VBZ called VVN pawn NN . SENT That IN of IN an DT immovable JJ thing NN is VBZ called VVN antichresis NN . SENT CHAPTER NN I NN OF IN PAWNS NNS Art NN . SENT 2073 CD A NP pawn NN confers VVZ to TO the DT creditor NN the DT right NN of IN causing VVG his PP$ debt NN to TO be VB satisfied VVN out RP of IN the DT thing NN which WDT is VBZ its PP$ subject JJ matter NN , , by IN priority NN and CC in IN preference NN to TO the DT other JJ creditors NNS . SENT Art NN . SENT 2074 CD Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD That IN prior JJ charge NN exists VVZ against IN third JJ persons NNS only RB where WRB there EX exists VVZ an DT instrument NN , , authentic JJ or CC under IN private JJ signature NN , , duly RB registered VVN , , containing VVG a DT declaration NN of IN the DT sum NN due JJ , , as RB well RB as RB of IN the DT species NN and CC the DT nature NN of IN the DT property NN pawned VVD , , or CC an DT annexed VVN statement NN of IN their PP$ quality NN , , weight NN and CC measures NNS . SENT Art NN . SENT 2075 CD Act NP n NN 80 CD 525 CD of IN 12 CD July NP 1980 CD Where WRB a DT pawn NN attaches VVZ to TO intangible JJ movables NNS , , such JJ as IN movable JJ claims NNS , , the DT instrument NN , , authentic JJ or CC under IN private JJ signature NN , , duly RB registered VVN , , must MD be VB served VVN on IN the DT debtor NN of IN the DT claim NN pawned VVD or CC accepted VVD by IN him PP in IN an DT authentic JJ instrument NN . SENT Art NN . SENT 2075 CD 1 CD Act NP n NN 72 CD 626 CD of IN 5 CD July NP 1972 CD The DT deposit NN of IN sums NNS , , effects NNS or CC securities NNS , , judicially RB ordered VVN for IN guarantee NN or CC as IN a DT provisional JJ measure NN , , involves VVZ the DT special JJ lien NN and CC the DT prior JJ charge NN of IN Article NP 2073 CD . SENT Art NN . SENT 2076 CD In IN all DT cases NNS , , the DT prior JJ charge NN only RB subsists VVZ on IN the DT pawn NN where WRB that DT pawn NN has VHZ been VBN put VVN and CC has VHZ remained VVN in IN the DT possession NN of IN the DT creditor NN , , or CC of IN a DT third JJ person NN agreed VVD upon RP between IN the DT parties NNS . SENT Art NN . SENT 2077 CD A NP pawn NN may MD be VB given VVN by IN a DT third JJ person NN for IN the DT debtor NN . SENT Art NN . SENT 2078 CD A NP creditor NN may MD not RB dispose VV of IN the DT pawn NN in IN case NN of IN failure NN to TO pay VV . SENT but CC he PP may MD have VH ordered VVN in IN court NN that IN the DT pawn NN will MD remain VV with IN him PP in IN payment NN and CC up RB to TO the DT amount NN due JJ , , according VVG to TO an DT appraisal NN made VVN by IN experts NNS , , or CC that IN it PP will MD be VB sold VVN by IN auction NN . SENT Any DT clause NN which WDT authorizes VVZ a DT creditor NN to TO appropriate JJ the DT pawn NN or CC to TO dispose VV of IN it PP without IN the DT above JJ formalities NNS is VBZ void JJ . SENT Art NN . SENT 2079 CD Until IN the DT debtor NN is VBZ dispossessed VVN , , if IN there EX is VBZ occasion NN , , he PP remains VVZ the DT owner NN of IN the DT pawn NN which WDT , , in IN the DT hand NN of IN the DT creditor NN , , is VBZ only RB a DT deposit NN which WDT secures VVZ the DT prior JJ charge NN of IN the DT latter NN . SENT Art NN . SENT 2080 CD A NP creditor NN is VBZ liable JJ , , according VVG to TO the DT rules NNS laid VVN down RP in IN the DT Title NN Of IN Contracts NNS or CC of IN Conventional JJ Obligations NNS in IN General NP , , for IN the DT loss NN or CC deterioration NN of IN the DT pawn NN resulting VVG from IN his PP$ negligent JJ conduct NN . SENT On IN his PP$ side NN , , the DT debtor NN is VBZ accountable JJ to TO the DT creditor NN for IN useful JJ and CC necessary JJ expenses NNS which WDT the DT latter NN has VHZ incurred VVN for IN the DT preservation NN of IN the DT thing NN . SENT Art NN . SENT 2081 CD Where WRB a DT claim NN pawned VVN is VBZ concerned VVN , , and CC that DT claim NN bears VVZ interest NN , , the DT creditor NN may MD appropriate JJ that IN interest NN to TO that DT which WDT may MD be VB owed VVN to TO him PP . SENT Where WRB the DT debt NN for IN whose WP$ guarantee NN a DT claim NN was VBD pawned VVD does VVZ not RB itself PP bear VVP interest NN , , appropriation NN shall MD be VB made VVN to TO the DT capital NN of IN the DT debt NN . SENT Art NN . SENT 2082 CD Unless IN the DT holder NN of IN a DT pawn NN misuses VVZ it PP , , a DT debtor NN may MD claim VV restitution NN thereof RB only RB after IN paying VVG in IN full JJ both CC the DT capital NN and CC the DT interest NN and CC costs NNS of IN the DT debt NN for IN whose WP$ guarantee NN the DT pawn NN has VHZ been VBN given VVN . SENT Where WRB there RB existed VVN on IN the DT part NN of IN the DT same JJ debtor NN , , towards IN the DT same JJ creditor NN , , another DT debt NN contracted VVD after IN the DT giving NN of IN the DT pawn NN , , and CC become VV due JJ before IN payment NN of IN the DT first JJ debt NN , , the DT creditor NN shall MD not RB be VB held VVN to TO dispossess VV himself PP of IN the DT pawn NN before IN being VBG paid VVN in IN full JJ for IN both DT debts NNS , , even RB if IN no DT stipulation NN was VBD made VVN for IN applying VVG the DT pawn NN to TO the DT payment NN of IN the DT second JJ one CD . SENT Art NN . SENT 2083 CD A NP pawn NN is VBZ indivisible JJ notwithstanding IN the DT divisibility NN of IN the DT debt NN between IN the DT heirs NNS of IN the DT debtor NN or CC those DT of IN the DT creditor NN . SENT An DT heir NN of IN the DT debtor NN , , who WP has VHZ paid VVN his PP$ portion NN of IN the DT debt NN , , may MD not RB claim VV restitution NN of IN his PP$ portion NN in IN the DT pawn NN , , so RB long RB as IN the DT debt NN is VBZ not RB wholly RB discharged VVN . SENT Reciprocally RB , , an DT heir NN of IN the DT creditor NN , , who WP has VHZ received VVN his PP$ portion NN of IN the DT debt NN , , may MD not RB return VV the DT pawn NN to TO the DT detriment NN of IN those DT of IN his PP$ co NP heirs NNS who WP are VBP not RB paid VVN . SENT Art NN . SENT 2084 CD The NP above IN provisions NNS shall MD not RB apply VV to TO commercial JJ matters NNS , , nor CC to TO authorized JJ pawnbroker's NNS establishments NNS , , and CC as RB to TO which WDT the DT statutes NNS and CC regulations NNS relating VVG to TO them PP shall MD be VB followed VVN . SENT CHAPTER NN II NP OF IN PLEDGES NNS OF IN IMMOVABLES NP Art NP . SENT 2085 CD A DT pledge NN of IN immovables NNS may MD be VB established VVN only RB in IN writing NN . SENT A DT creditor NN acquires VVZ by IN that DT contract NN only RB the DT faculty NN to TO collect VV the DT revenue NN of IN the DT immovable JJ , , on IN the DT condition NN that IN he PP appropriate JJ it PP annually RB to TO the DT interest NN , , if IN any DT is VBZ due JJ to TO him PP , , and CC then RB to TO the DT capital NN of IN his PP$ claim NN . SENT Art NN . SENT 2086 CD Unless IN otherwise RB agreed VVN , , a DT creditor NN is VBZ bound VVN to TO pay VV the DT taxes NNS and CC annual JJ charges NNS of IN the DT immovable JJ which WDT he PP holds VVZ as IN pledge NN . SENT He PP must MD also RB , , on IN pain NN of IN damages NNS , , provide VVP for IN the DT maintenance NN and CC the DT proper JJ and CC necessary JJ repairs NNS of IN the DT immovable JJ , , but CC he PP may MD deduct VV from IN the DT fruits NNS all PDT the DT expenses NNS relating VVG to TO those DT various JJ purposes NNS . SENT Art NN . SENT 2087 CD A NP debtor NN may MD not RB claim VV the DT enjoyment NN of IN the DT immovable JJ which WDT he PP has VHZ delivered VVN as IN pledge NN before IN entire JJ discharge NN of IN the DT debt NN . SENT But CC a DT creditor NN who WP wishes VVZ to TO discharge VV himself PP from IN the DT obligations NNS expressed VVN in IN the DT preceding JJ Article NN may MD always RB , , unless IN he PP has VHZ renounced VVD that DT right NN , , compel VV the DT debtor NN to TO retake VV the DT enjoyment NN of IN his PP$ immovable JJ . SENT Art NN . SENT 2088 CD A NP creditor NN does VVZ not RB become VV the DT owner NN of IN the DT immovable JJ by IN the DT mere JJ failure NN to TO pay VV at IN the DT time NN agreed VVD upon RP . SENT any DT clause NN to TO the DT contrary NN is VBZ void JJ . SENT in IN that DT case NN he PP may MD enforce VV dispossession NN of IN his PP$ debtor NN by IN legal JJ remedies NNS . SENT Art NN . SENT 2089 CD Where WRB the DT parties NNS have VHP stipulated VVD that IN the DT fruits NNS will MD be VB set VVN off RP against IN the DT interest NN , , either CC totally RB , , or CC up RB to TO a DT certain JJ amount NN , , that DT agreement NN shall MD be VB carried VVN out RP , , like IN any DT other JJ which WDT is VBZ not RB prohibited VVN by IN law NN . SENT Art NN . SENT 2090 CD The NP provisions NNS of IN Articles NNS 2077 CD and CC 2083 CD shall MD apply VV to TO the DT pledge NN of IN an DT immovable JJ as IN well RB as RB to TO pawn NN . SENT Art NN . SENT 2091 NP All NP that WDT is VBZ said VVN in IN this DT Chapter NN does VVZ not RB prejudice VV the DT rights NNS which WDT third JJ parties NNS may MD have VH on IN the DT tenement NN of IN the DT immovable JJ delivered VVN as IN pledge NN . SENT Where WRB the DT creditor NN , , holding VVG by IN virtue NN of IN that DT title NN has VHZ furthermore RB , , on IN the DT tenement NN , , prior JJ charges NNS or CC mortgages NNS , , duly RB established VVN and CC retained VVN , , he PP shall MD exercise VV them PP according VVG to TO his PP$ rank NN and CC as IN any DT other JJ creditor NN . SENT TITLE NN XVIII NP OF IN PRIOR JJ CHARGES NNS AND CC MORTGAGES NNS CHAPTER NN I NP GENERAL NP PROVISIONS NNS Art NN . SENT 2092 RB Whoever WP has VHZ personally RB made VVN himself PP liable JJ is VBZ bound VVN to TO fulfil VV his PP$ undertaking NN out RP of IN all PDT his PP$ movable JJ or CC immovable JJ property NN , , existing VVG and CC to TO come VV . SENT Art NN . SENT 2092 CD 1 CD and CC 2092 CD 2 CD repealed VVN Art NN . SENT 2092 CD 3 CD repealed VVN Act NP n NN 72 CD 625 CD of IN 5 CD July NP 1972 CD Leases NNS granted VVN by IN a DT debtor NN under IN a DT seizure NN or CC attachment NN , , whatever WDT their PP$ duration NN may MD be VB , , are VBP not RB enforceable JJ against IN the DT creditors NNS who WP levy VV execution NN . SENT Art NN . SENT 2093 CD The DT property NN of IN a DT debtor NN is VBZ the DT common JJ pledge NN of IN his PP$ creditors NNS . SENT and CC the DT proceeds NNS of IN it PP shall MD be VB distributed VVN among IN them PP pro JJ rata NN , , unless IN there EX are VBP lawful JJ causes NNS of IN priority NN between IN the DT creditors NNS . SENT Art NN . SENT 2094 CD The NP lawful JJ causes NNS of IN priority NN are VBP prior JJ charges NNS and CC mortgages NNS . SENT CHAPTER NN II NP OF IN PRIOR JJ CHARGES NNS Art NN . SENT 2095 CD A NP prior JJ charge NN is VBZ a DT right NN which WDT the DT character NN of IN a DT claim NN gives VVZ to TO a DT creditor NN to TO have VH priority NN over IN the DT other JJ creditors NNS , , even RB mortgagees NNS . SENT Art NN . SENT 2096 CD Among IN creditors NNS who WP have VHP prior JJ charges NNS , , the DT priority NN is VBZ settled VVN by IN the DT different JJ characters NNS of IN the DT prior JJ charges NNS . SENT Art NN . SENT 2097 CD The NP creditors NNS having VHG prior JJ charges NNS who WP are VBP in IN the DT same JJ rank NN shall MD be VB paid VVN pro JJ rata NN . SENT Art NN . SENT 2098 RB The DT prior JJ charge NN by IN reason NN of IN the DT rights NNS of IN the DT Public NP Treasury NP and CC the DT order NN in IN which WDT it PP comes VVZ are VBP regulated VVN by IN the DT statutes NNS which WDT relate VVP to TO them PP . SENT The DT Public NP Treasury NP may MD not RB , , however RB , , obtain VV a DT prior JJ charge NN to TO the DT detriment NN of IN rights NNS previously RB vested VVN in IN third JJ parties NNS . SENT Art NN . SENT 2099 CD Prior RB charges NNS may MD be VB over IN movables NNS or CC over IN immovables NNS . SENT Section NN I NN Of IN Prior RB Charges NNS over IN Movables NNS Art NN . SENT 2100 CD Prior RB charges NNS are VBP either RB general JJ , , or CC special JJ over IN certain JJ movables NNS . SENT 1 CD Of IN General NP Prior RB Charges VVZ over IN Movables NNS Art NN . SENT 2101 CD Claims NNS having VHG precedence NN over IN the DT generality NN of IN movables NNS are VBP those DT hereinafter RB expressed VVN , , and CC are VBP enforced VVN in IN the DT following VVG order NN . SENT 1 CD Court NP costs NNS . SENT 2 CD Funeral JJ expenses NNS . SENT 3 CD Act NP of IN 30 CD Nov NP . SENT 1892 RB Any DT expenses NNS relating VVG to TO the DT latest JJS illness NN , , whatever WDT its PP$ outcome NN may MD have VH been VBN , , concurrently RB among IN those DT to TO whom WP they PP are VBP owed VVN . SENT 4 CD Act NP n NN 79 CD 11 CD of IN 3 CD Jan NP . SENT 1979 CD Without IN prejudice NN to TO the DT possible JJ application NN of IN the DT provisions NNS of IN Articles NNS L NP . SENT 143 CD 10 CD , , L NP . SENT 143 CD 11 CD , , L NP . SENT 742 CD 6 CD and CC L NP . SENT 751 CD 15 CD of IN the DT Labour NN Code NP . SENT The DT wages NNS of IN domestic JJ staff NN for IN the DT year NN elapsed VVN and CC the DT current JJ year NN . SENT The DT deferred JJ salary NN resulting VVG from IN the DT contract NN of IN employment NN established VVN by IN Article NP 63 CD of IN the DT Decree NN of IN 29 CD July NP 1939 CD relating VVG to TO French JJ family NN and CC birth NN rate NN Articles NNS L NP . SENT 321 CD 13 CD to TO L NP . SENT 321 CD 21 CD of IN the DT Rural NP Code NP , , for IN the DT year NN elapsed VVN and CC the DT current JJ year NN . SENT Act NP n NN 89 CD 1008 CD of IN 31 CD Dec NP . SENT 1989 CD The DT claim NN of IN the DT surviving VVG spouse NN established VVN by IN Article NP 14 CD of IN Act NP n NN 89 CD 1008 CD of IN 31 CD December NP 1989 CD relating VVG to TO the DT development NN of IN commercial NN and CC craft NN concerns NNS and CC to TO the DT improvement NN of IN their PP$ economic JJ , , legal JJ and CC social JJ environment NN , , and CC the DT claim NN of IN the DT surviving VVG spouse NN established VVN by IN Article NP L NP . SENT 321 CD 21 CD 1 CD of IN the DT Rural NP Code NP Act NP n NN 99 CD 574 CD of IN 9 CD July NP 1999 CD . SENT Act NP n NN 89 CD 488 CD of IN 10 CD July NP 1989 CD The DT pay NN for IN the DT last JJ six CD months NNS of IN employees NNS , , apprentices NNS , , and CC the DT allowance NN owed VVN by IN the DT employer NN to TO young JJ people NNS in IN training NN scheme NN of IN initiation NN to TO professional JJ life NN , , such JJ as IN provided VVN for IN in IN Article NP L NP . SENT 980 CD 11 CD 1 CD of IN the DT Labour NN Code NP . SENT Ord NP . SENT N NP 82 CD 130 CD of IN 5 CD Feb NN . SENT 1982 CD The DT allowance NN for IN the DT end NN of IN the DT contract NN provided VVD for IN by IN Article NP L NP . SENT 122 CD 3 CD 4 CD Act NP n NN 90 CD 9 CD of IN 2 CD Jan NP . SENT 1990 CD of IN the DT Labour NN Code NP and CC the DT allowance NN to TO compensate VV for IN lack NN of IN job NN security NN provided VVD for IN in IN Article NP L NP . SENT 124 CD 4 CD 4 CD of IN the DT same JJ Code NP . SENT The DT allowance NN owed VVN by IN reason NN of IN failure NN to TO comply VV with IN the DT term NN of IN notice NN provided VVN for IN in IN Article NP L NP . SENT 122 CD 8 CD of IN the DT Labour NN Code NP and CC the DT compensatory JJ allowance NN provided VVN for IN in IN Article NP L NP . SENT 122 CD 32 CD 6 CD of IN the DT same JJ Code NP . SENT The DT allowances NNS owed VVN for IN paid VVN holidays NNS . SENT The DT allowances NNS for IN dismissal NN owed VVN in IN compliance NN with IN collective JJ labour NN agreements NNS , , collective JJ agreements NNS of IN branches NNS , , labour NN regulations NNS , , usages NNS , , and CC the DT provisions NNS of IN Articles NNS L NP . SENT 122 CD 9 CD , , L NP . SENT 122 CD 32 CD 6 CD Act NP n NN 81 CD 3 CD of IN 7 CD Jan NP . SENT 1981 CD , , L NP . SENT 761 CD 5 CD and CC L NP . SENT 761 CD 7 CD as IN well RB as IN the DT allowance NN provided VVD for IN in IN Article NP L NP . SENT 321 CD 6 CD of IN the DT Labour NN Code NP for IN the DT whole NN of IN the DT portion NN lower JJR than IN or CC equal JJ to TO the DT ceiling NN provided VVD for IN in IN Article NP L NP . SENT 143 CD 10 CD of IN the DT Labour NN Code NP and CC for IN one CD fourth JJ of IN the DT portion NN higher JJR than IN the DT said VVN ceiling NN Act NP n NN 90 CD 9 CD of IN 2 CD Jan NP . SENT 1990 CD . SENT Ord NP . SENT n NN 82 CD 130 CD of IN 5 CD Feb NN . SENT 1982 CD The NP allowances NNS owed VVD , , if IN there EX is VBZ occasion NN , , to TO employees NNS under IN Articles NNS L NP . SENT 122 CD 3 CD 8 CD , , paragraph NN 2 CD , , L NP . SENT 122 CD 14 CD 4 CD , , L NP . SENT 122 CD 14 CD 5 CD , , paragraph NN 2 CD , , L NP . SENT 122 CD 32 CD 7 CD and CC L NP . SENT 122 CD 32 CD 9 CD of IN the DT Labour NN Code NP . SENT 5 CD Act NP n NN 64 CD 678 CD of IN 6 CD July NP 1964 CD The DT furnishing VVG of IN supplies NNS to TO a DT debtor NN and CC his PP$ family NN during IN the DT last JJ year NN and CC , , within IN the DT same JJ period NN , , the DT products NNS delivered VVN by IN an DT agricultural JJ producer NN in IN the DT context NN of IN an DT approved VVN long JJ term NN inter VV professional JJ agreement NN , , as RB well RB as IN the DT sums NNS owed VVN by IN any DT contracting NN party NN of IN a DT farmer NN in IN compliance NN with IN an DT approved VVN standard NN contract NN Act NP n NN 80 CD 502 CD of IN 4 CD July NP 1980 CD . SENT 6 CD repealed VVN by IN implication NN 7 CD Act NN of IN 11 CD March NP 1932 CD The NP grants NNS owed VVN to TO workmen NNS and CC employees NNS by IN equalization NN funds NNS and CC other JJ approved VVN bodies NNS for IN servicing VVG family NN allowances NNS or CC by IN employers NNS dispensed VVD from IN joining VVG such PDT an DT institution NN under IN Article NP 74 CD f SYM repealed VVN of IN Book NP I PP of IN the DT Labour NN Code NP . SENT 8 CD The NP claims NNS of IN equalization NN funds NNS or CC other JJ approved VVN bodies NNS for IN servicing VVG family NN allowances NNS towards IN their PP$ adherents NNS for IN the DT contributions NNS which WDT the DT latter NN have VHP undertaken VVN to TO pay VV them PP for IN purpose NN of IN payment NN of IN family NN allowances NNS and CC equalization NN of IN the DT burdens NNS resulting VVG from IN the DT payment NN of IN said VVN benefits NNS . SENT 2 CD Of IN Prior RB Charges NNS over IN Particular JJ Movables NNS Art NN . SENT 2102 CD Claims NNS having VHG precedence NN over IN particular JJ movables NNS are VBP . SENT 1 CD Rents NNS and CC farm NN rents NNS of IN immovables NNS on IN the DT fruit NN of IN the DT year's JJ crop NN , , and CC on IN the DT price NN of IN everything NN which WDT garnishes VVZ the DT house NN rented VVN or CC the DT farm NN , , and CC of IN everything NN which WDT is VBZ used VVN for IN the DT working NN of IN the DT farm NN . SENT namely RB , , for IN everything NN which WDT is VBZ due JJ , , and CC for IN everything NN which WDT shall MD become VV due RB , , where WRB the DT leases NNS are VBP authentic JJ , , or CC , , where WRB being NN under IN private JJ signature NN , , they PP have VHP an DT undisputable JJ date NN . SENT and CC , , in IN both DT cases NNS , , the DT other JJ creditors NNS have VHP the DT right NN to TO relet VV the DT house NN or CC the DT farm NN for IN the DT remainder NN of IN the DT lease NN , , and CC to TO profit VV by IN the DT leases NNS or CC rents NNS , , on IN condition NN , , however RB , , that IN they PP pay VVP the DT owner NN everything NN which WDT may MD still RB be VB owed VVN to TO him PP . SENT And CC , , failing VVG authentic JJ leases NNS , , or CC where WRB , , being NN under IN private JJ signature NN , , they PP do VVP not RB have VH an DT undisputable JJ date NN , , for IN one CD year NN after IN the DT expiry NN of IN the DT current JJ year NN . SENT Act NN of IN 25 CD Aug NN . SENT 1948 RB The DT same JJ prior JJ charge NN exists VVZ for IN the DT repairs NNS incumbent JJ upon IN the DT tenant NN and CC for IN everything NN relating VVG to TO the DT execution NN of IN the DT lease NN . SENT It PP also RB exists VVZ for IN all DT claims NNS resulting VVG , , for IN the DT benefit NN of IN the DT owner NN or CC tenant NN , , from IN the DT occupation NN of IN the DT premises NNS , , regardless RB of IN the DT basis NN thereof RB . SENT Act NN of IN 24 CD March NP 1936 CD Nevertheless RB , , the DT sums NNS owed VVN for IN seeds NNS , , for IN manure NN and CC ameliorators NNS , , for IN anti JJ cryptogamic JJ and CC insect NN products NNS , , for IN products NNS designed VVN for IN the DT destroying VVG of IN animal NN or CC plant NN parasites NNS harmful JJ to TO farming NN , , or CC for IN the DT expenses NNS of IN the DT year NN s PP crop NN , , shall MD be VB paid VVN out RP of IN the DT proceeds NNS of IN the DT crop NN , , and CC those DT owed VVN for IN implements VVZ out RP of IN the DT proceeds NNS of IN those DT implements VVZ , , in IN priority NN to TO the DT owner NN in IN either DT case NN . SENT The DT owner NN may MD seize VV the DT movables NNS which WDT furnish VV his PP$ house NN or CC his PP$ farm NN , , where WRB they PP have VHP been VBN removed VVN without IN his PP$ consent NN , , and CC he PP retains VVZ his PP$ prior JJ charge NN over IN them PP , , provided VVD he PP has VHZ made VVN his PP$ claim NN . SENT namely RB . SENT where WRB the DT furniture NN which WDT garnished VVD a DT farm NN is VBZ concerned VVN , , within IN forty NN day NN . SENT and CC within IN fifteen CD days NNS , , where WRB the DT furniture NN garnishing VVG a DT house NN is VBZ concerned VVN . SENT 2 LS A DT claim NN on IN the DT pawn NN which WDT is VBZ in IN the DT possession NN of IN the DT creditor NN . SENT 3 CD Expenses NNS incurred VVN for IN the DT preservation NN of IN a DT thing NN . SENT 4 LS The DT price NN of IN movable JJ effects NNS not RB paid VVN , , where WRB they PP are VBP still RB in IN the DT possession NN of IN the DT debtor NN , , whether IN he PP has VHZ bought VVN on IN credit NN or CC not RB . SENT Where WRB the DT sale NN was VBD not RB made VVN on IN credit NN , , the DT seller NN may MD even RB claim VV back RB those DT effects NNS as RB long RB as IN they PP are VBP in IN the DT possession NN of IN the DT buyer NN , , and CC prevent VV a DT re NN sale NN , , provided VVD the DT claim NN is VBZ made VVN within IN eight CD days NNS after IN the DT delivery NN , , and CC the DT effects NNS are VBP in IN the DT same JJ condition NN in IN which WDT the DT delivery NN was VBD made VVN . SENT However RB , , the DT seller NN s PP prior RB charge VVP may MD only RB be VB enforced VVN after IN that DT of IN the DT owner NN of IN the DT house NN or CC of IN the DT farm NN , , unless IN it PP is VBZ proved VVN that IN the DT owner NN knew VVD that IN the DT furniture NN and CC other JJ articles NNS garnishing VVG his PP$ house NN or CC his PP$ farm NN did VVD not RB belong VV to TO the DT tenant NN . SENT No DT change NN is VBZ made VVN in IN the DT statutes NNS and CC customs NNS of IN commerce NN relating VVG to TO claims NNS for IN recovery NN . SENT 5 LS The DT supplies NNS of IN an DT innkeeper NN , , on IN the DT effects NNS of IN a DT traveller NN which WDT have VHP been VBN carried VVN to TO his PP$ inn NN . SENT 6 CD repealed VVN 7 CD Claims NNS resulting VVG from IN abuses NNS and CC unfaithful JJ conducts NNS of IN public JJ officials NNS in IN the DT fulfilment NN of IN their PP$ duties NNS , , on IN the DT funds NNS of IN their PP$ pawn NN , , and CC on IN the DT interest NN which WDT may MD be VB owed VVN thereon RB . SENT 8 CD Act NP of IN 28 CD May NP 1913 CD Claims NNS arising VVG from IN an DT accident NN for IN the DT benefit NN of IN the DT third JJ persons NNS injured VVN in IN that DT accident NN or CC their PP$ assigns NNS , , on IN the DT indemnity NN of IN which WDT the DT insurer NN , , under IN a DT contract NN of IN liability NN insurance NN , , admits VVZ that IN he PP is VBZ or CC has VHZ been VBN judicially RB held VVN debtor NN by IN reason NN of IN the DT contract NN of IN insurance NN . SENT No DT payment NN made VVD to TO the DT insured JJ person NN may MD be VB in IN full JJ discharge NN as IN long JJ as IN creditors NNS with IN prior JJ charges NNS have VHP not RB been VBN paid VVN off RP . SENT 9 CD Act NP of IN 1 CD Aug NN . SENT 1941 CD . SENT Act NN of IN 28 CD June NP 1943 CD Claims NNS arising VVG from IN a DT contract NN of IN employment NN of IN the DT auxiliary JJ employee NN of IN a DT home NN worker NN corresponding JJ to TO the DT definition NN of IN Article NP 33 CD of IN Book NP I NP Article NP L NP . SENT 721 CD 1 CD of IN the DT Labour NN Code NP , , on IN the DT sums NNS owed VVN to TO that DT worker NN by IN the DT hirers NNS of IN services NNS . SENT Section NP II NP Of IN Special JJ Prior RB Charges NNS over IN Immovables NP Ord NP . SENT N NP 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD Art NN . SENT 2103 CD Creditors NNS having VHG precedence NN over IN immovables NNS are VBP . SENT 1 LS A DT seller NN , , on IN the DT immovable JJ sold VVN , , for IN payment NN of IN the DT price NN . SENT Where WRB there EX are VBP several JJ successive JJ sales NNS whose WP$ price NN is VBZ owed VVN in IN whole JJ or CC in IN part NN , , the DT first JJ seller NN has VHZ priority NN over IN the DT second JJ , , the DT second NN over IN the DT third JJ , , and CC so RB on IN . SENT 1 CD bis RB Act NP n NN 94 CD 624 CD of IN 21 CD July NP 1994 CD Jointly RB with IN a DT seller NN and CC , , if IN there EX is VBZ occasion NN , , with IN a DT lender NN of IN funds NNS mentioned VVN in IN 2 CD , , a DT syndicate NN of IN co NP owners NNS , , on IN the DT fraction NN of IN co NP ownership NN sold VVD , , for IN payment NN of IN the DT expenses NNS and CC works NNS mentioned VVN in IN Articles NNS 10 CD and CC 30 CD of IN Act NP n NN 65 CD 557 CD of IN 10 CD July NP 1965 CD establishing VVG the DT status NN of IN co NP ownership NN of IN built VVN immovables NNS , , which WDT relate VVP to TO the DT current JJ year NN and CC to TO the DT last JJ four CD years NNS elapsed VVN . SENT However RB , , the DT syndicate NN has VHZ priority NN over IN a DT seller NN and CC a DT lender NN of IN funds NNS as RB to TO claims NNS relating VVG to TO the DT expenses NNS and CC works NNS of IN the DT current JJ year NN and CC of IN the DT last JJ two CD years NNS elapsed VVN . SENT 2 CD Act NP n NN 71 CD 579 CD of IN 16 CD July NP 1971 CD Even RB in IN the DT absence NN of IN subrogation NN , , those DT who WP have VHP procured VVN the DT funds NNS for IN the DT purchase NN of IN an DT immovable JJ , , provided VVD it PP was VBD authentically RB established VVN , , by IN the DT instrument NN of IN loan NN , , that IN the DT sum NN was VBD intended VVN for IN that DT use NN , , and CC by IN the DT receipt NN of IN the DT seller NN , , that IN the DT payment NN was VBD made VVN out RP of IN the DT funds NNS borrowed VVD . SENT 3 CD Co NP heirs NNS , , on IN the DT immovables NNS of IN the DT succession NN , , for IN the DT warranty NN of IN the DT partitions NNS made VVD between IN them PP , , and CC of IN balances NNS or CC reversions NNS on IN lots NNS . SENT repealed VVN by IN implication NN . SENT 4 CD Architects NNS , , contractors NNS , , masons NNS and CC other JJ workers NNS employed VVN to TO erect VV , , rebuild VV or CC repair VV buildings NNS , , canals NNS and CC other JJ works NNS whatsoever RB , , provided VVD nevertheless RB that IN a DT memorandum NN has VHZ been VBN previously RB drawn VVN up RP by IN an DT expert NN appointed VVN of IN its PP$ own JJ motion NN by IN the DT tribunal NN de FW grande JJ instance NN in IN whose WP$ territory NN the DT buildings NNS are VBP situated VVN , , for IN the DT purpose NN of IN establishing VVG an DT inventory NN of IN the DT premises NNS with IN respect NN to TO the DT works NNS which WDT the DT owner NN claims VVZ he PP intends VVZ to TO perform VV , , and CC that IN the DT works NNS , , within IN six CD months NNS at IN the DT most JJS after IN their PP$ completion NN , , have VHP been VBN accepted VVN by IN an DT expert NN also RB appointed VVN ex JJ officio NN . SENT But CC the DT amount NN of IN the DT prior JJ charge NN may MD not RB exceed VV the DT values NNS established VVN by IN the DT second JJ memorandum NN , , and CC it PP is VBZ reduced VVN to TO the DT increase NN in IN value NN which WDT exists VVZ at IN the DT time NN of IN the DT transfer NN of IN the DT immovable JJ and CC resulting VVG from IN the DT works NNS which WDT have VHP been VBN done VVN thereon RB . SENT 5 LS Those DT who WP have VHP loaned VVN the DT funds NNS to TO pay VV or CC reimburse VV the DT workers NNS , , enjoy VVP the DT same JJ prior JJ charge NN , , provided VVD that DT use NN is VBZ authentically RB established VVN by IN the DT instrument NN of IN loan NN , , and CC by IN the DT receipt NN of IN the DT workers NNS , , as RB was VBD above RB laid VVN down RP for IN those DT who WP have VHP loaned VVN funds NNS for IN the DT acquisition NN of IN an DT immovable JJ . SENT 6 CD D NP . SENT n NN 55 CD 52 CD of IN 4 CD Jan NP . SENT 1955 CD Creditors NNS and CC legatees NNS of IN a DT deceased JJ person NN on IN the DT immovables NNS of IN the DT succession NN , , for IN the DT warranty NN of IN the DT rights NNS which WDT they PP hold VVP under IN Article NP 878 CD . SENT 7 CD Act NP n NN 84 CD 595 CD of IN 12 CD July NP 1984 CD Prospective JJ owners NNS by IN virtue NN of IN a DT contract NN of IN lease NN with IN option NN to TO sell VV regulated VVN by IN Act NP n NN 84 CD 595 CD of IN 12 CD July NP 1984 CD defining VVG lease NN with IN option NN to TO sell VV immovables NNS on IN the DT immovable JJ which WDT is VBZ the DT subject JJ matter NN of IN the DT contract NN , , for IN the DT warranty NN of IN the DT rights NNS which WDT they PP hold VVP under IN that DT contract NN . SENT Section NP III NP Of IN General NP Prior RB Charges VVZ over IN Immovables NP Ord NP . SENT N NP 59 CD 71 CD of IN 7 CD Jan NP . SENT 1971 CD Art NN . SENT 2104 CD Claims NNS having VHG precedence NN over IN the DT generality NN of IN immovables NNS are VBP . SENT 1 CD Court NP costs NNS . SENT 2 CD Act NP n NN 79 CD 11 CD of IN 3 CD Jan NP . SENT 1979 CD Without IN prejudice NN to TO the DT possible JJ application NN of IN the DT provisions NNS of IN Articles NNS L NP . SENT 143 CD 10 CD , , L NP . SENT 143 CD 11 CD , , L NP . SENT 742 CD 6 CD and CC L NP . SENT 751 CD 15 CD of IN the DT Labour NN Code NP . SENT The DT wages NNS of IN domestic JJ staff NN for IN the DT year NN elapsed VVN and CC the DT current JJ year NN . SENT The DT deferred JJ salary NN resulting VVG from IN the DT contract NN of IN employment NN established VVN by IN Article NP 63 CD of IN the DT Decree NN of IN 29 CD July NP 1939 CD relating VVG to TO French JJ family NN and CC birth NN rate NN Articles NNS L NP . SENT 321 CD 13 CD to TO L NP . SENT 321 CD 21 CD of IN the DT Rural NP Code NP , , for IN the DT year NN elapsed VVN and CC the DT current JJ year NN . SENT Act NP n NN 89 CD 1008 CD of IN 31 CD Dec NP . SENT 1989 CD The DT claim NN of IN the DT surviving VVG spouse NN established VVN by IN Article NP 14 CD of IN Act NP n NN 89 CD 1008 CD of IN 31 CD December NP 1989 CD relating VVG to TO the DT development NN of IN commercial NN and CC craft NN concerns NNS and CC to TO the DT improvement NN of IN their PP$ economic JJ , , legal JJ and CC social JJ environment NN , , and CC the DT claim NN of IN the DT surviving VVG spouse NN established VVN by IN Article NP L NP . SENT 321 CD 21 CD 1 CD of IN the DT Rural NP Code NP Act NP n NN 99 CD 574 CD of IN 9 CD July NP 1999 CD . SENT Act NP n NN 89 CD 488 CD of IN 10 CD July NP 1989 CD The DT pay NN for IN the DT last JJ six CD months NNS of IN employees NNS , , apprentices NNS , , and CC the DT allowance NN owed VVN by IN the DT employer NN to TO young JJ people NNS in IN training NN scheme NN of IN initiation NN to TO professional JJ life NN , , such JJ as IN provided VVN for IN in IN Article NP L NP . SENT 980 CD 11 CD 1 CD of IN the DT Labour NN Code NP . SENT Ord NP . SENT N NP 82 CD 130 CD of IN 5 CD Feb NN . SENT 1982 CD The DT allowance NN for IN the DT end NN of IN the DT contract NN provided VVD for IN by IN Article NP L NP . SENT 122 CD 3 CD 4 CD Act NP n NN 90 CD 9 CD of IN 2 CD Jan NP . SENT 1990 CD of IN the DT Labour NN Code NP and CC the DT allowance NN to TO compensate VV for IN lack NN of IN job NN security NN provided VVD for IN in IN Article NP L NP . SENT 124 CD 4 CD 4 CD of IN the DT same JJ Code NP . SENT The DT allowance NN owed VVN by IN reason NN of IN failure NN to TO comply VV with IN the DT term NN of IN notice NN provided VVN for IN in IN Article NP L NP . SENT 122 CD 8 CD of IN the DT Labour NN Code NP and CC the DT compensatory JJ allowance NN provided VVN for IN in IN Article NP L NP . SENT 122 CD 32 CD 6 CD of IN the DT same JJ Code NP . SENT The DT allowances NNS owed VVN for IN paid VVN holidays NNS . SENT The DT allowances NNS for IN dismissal NN owed VVN in IN compliance NN with IN collective JJ labour NN agreements NNS , , or CC collective JJ agreements NNS of IN branches NNS , , labour NN regulations NNS , , usages NNS , , and CC the DT provisions NNS of IN Articles NNS L NP . SENT 122 CD 9 CD , , L NP . SENT 122 CD 32 CD 6 CD Act NP n NN 81 CD 3 CD of IN 7 CD Jan NP . SENT 1981 CD , , L NP . SENT 761 CD 5 CD and CC L NP . SENT 761 CD 7 CD as IN well RB as IN the DT allowance NN provided VVD for IN in IN Article NP L NP . SENT 321 CD 6 CD of IN the DT Labour NN Code NP for IN the DT whole NN of IN the DT portion NN lower JJR than IN or CC equal JJ to TO the DT ceiling NN provided VVD for IN in IN Article NP L NP . SENT 143 CD 10 CD of IN the DT Labour NN Code NP and CC for IN one CD fourth JJ of IN the DT portion NN higherer NN than IN the DT said VVN ceiling NN Act NP n NN 90 CD 9 CD of IN 2 CD Jan NP . SENT 1990 CD . SENT Ord NP . SENT n NN 82 CD 130 CD of IN 5 CD Feb NN . SENT 1982 CD The NP allowances NNS owed VVD , , if IN there EX is VBZ occasion NN , , to TO employees NNS under IN Articles NNS L NP . SENT 122 CD 3 CD 8 CD , , paragraph NN 2 CD , , L NP . SENT 122 CD 14 CD 4 CD , , L NP . SENT 122 CD 14 CD 5 CD , , paragraph NN 2 CD , , L NP . SENT 122 CD 32 CD 7 CD and CC L NP . SENT 122 CD 32 CD 9 CD of IN the DT Labour NN Code NP . SENT Art NN . SENT 2105 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Where WRB , , failing VVG movables NNS , , the DT creditors NNS having VHG a DT prior JJ charge NN enumerated VVN in IN the DT preceding JJ Article NN present VV themselves PP to TO be VB paid VVN out RP of IN the DT proceeds NNS of IN an DT immovable JJ competing VVG with IN other JJ creditors NNS having VHG prior JJ charges NNS over IN the DT immovable JJ , , they PP have VHP priority NN over IN the DT latter NN and CC enforce VV their PP$ rights NNS in IN the DT order NN indicated VVD in IN the DT said VVN Article NN . SENT Section NP IV NP How WRB Prior RB Charges NNS are VBP Preserved VVN Art NP . SENT 2106 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Between IN creditors NNS , , prior JJ charges NNS produce VVP effect NN with IN regard NN to TO immovables NNS only RB where WRB they PP are VBP given VVN public JJ notice NN by IN being VBG registered VVN at IN the DT land NN registry NN , , in IN the DT manner NN determined VVN by IN the DT following VVG Articles NNS and CC by IN Articles NNS 2146 CD and CC 2148 CD . SENT Art NN . SENT 2107 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD The NP claims NNS enumerated VVD in IN Article NP 2104 CD and CC the DT claims NNS of IN the DT syndicate NN of IN co NP owners NNS enumerated VVD in IN Article NP 2103 CD Act NP n NN 94 CD 624 CD of IN 21 CD July NP 1994 CD are VBP exempt JJ from IN the DT formality NN of IN registration NN . SENT Art NN . SENT 2108 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD A NP seller NN who WP has VHZ precedence NN or CC a DT lender NN who WP has VHZ procured VVN funds NNS for IN acquiring VVG an DT immovable JJ , , preserve VV his PP$ prior JJ charge NN by IN a DT registration NN which WDT must MD be VB made VVN , , at IN his PP$ suit NN , , in IN the DT form NN provided VVD for IN in IN Articles NNS 2146 CD and CC 2148 CD , , and CC within IN a DT period NN of IN two CD months NNS after IN the DT instrument NN of IN sale NN . SENT the DT prior JJ charge NN ranks NNS from IN the DT time NN of IN the DT said VVN instrument NN . SENT The DT action NN for IN avoidance NN established VVN by IN Article NP 1654 CD may MD not RB be VB brought VVN after IN lapse NN of IN the DT seller NN s PP prior RB charge VVP , , or CC failing VVG registration NN of IN it PP within IN the DT period NN above IN fixed VVN , , to TO the DT detriment NN of IN third JJ parties NNS who WP have VHP acquired VVN rights NNS on IN the DT immovable JJ in IN the DT purchaser NN s PP right RB and CC have VHP registered VVN them PP . SENT Art NN . SENT 2108 CD 1 CD Act NP n NN 67 CD 547 CD of IN 7 CD July NP 1967 CD In IN the DT case NN of IN a DT sale NN of IN a DT building NN to TO be VB erected VVN agreed VVN for IN future JJ delivery NN in IN accordance NN with IN Article NP 1601 CD 2 CD , , the DT prior JJ charge NN of IN the DT seller NN or CC that IN of IN the DT lender NN of IN funds NNS ranks NNS from IN the DT time NN of IN the DT instrument NN of IN sale NN where WRB registration NN is VBZ made VVN before IN the DT expiry NN of IN a DT period NN of IN two CD months NNS from IN the DT acknowledgement NN of IN the DT completion NN of IN the DT immovable JJ by IN an DT authentic JJ instrument NN . SENT Art NN . SENT 2109 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD A NP coheir NN or CC coparcener NN preserves VVZ his PP$ prior JJ charge NN over IN the DT property NN of IN each DT share NN or CC over IN the DT property NN auctioned VVN for IN the DT balances NNS and CC reversions NNS or CC for IN the DT proceeds NNS of IN the DT auction NN , , by IN a DT registration NN made VVN at IN his PP$ suit NN on IN each DT one NN of IN the DT immovables NNS , , in IN the DT form NN provided VVD for IN in IN Articles NNS 2146 CD and CC 2148 CD , , and CC within IN a DT period NN of IN two CD months NNS after IN the DT act NN of IN partition NN or CC the DT auction NN repealed VVN by IN implication NN . SENT the DT prior JJ charge NN ranks NNS from IN the DT time NN of IN the DT said VVN act NN or CC of IN the DT auction NN . SENT Art NN . SENT 2110 CD Architects NNS , , contractors NNS , , masons NNS and CC other JJ workers NNS employed VVN to TO erect VV , , rebuild VV or CC repair VV buildings NNS , , canals NNS or CC other JJ works NNS , , and CC those DT who WP , , in IN order NN to TO pay VV and CC reimburse VV them PP , , have VHP loaned VVN the DT funds NNS whose WP$ use NN has VHZ been VBN established VVN , , preserve VV their PP$ prior JJ charge NN by IN the DT double JJ registration NN made VVD . SENT 1 CD Of IN the DT memorandum NN which WDT establishes VVZ the DT condition NN of IN the DT premises NNS . SENT 2 CD Of IN the DT memorandum NN of IN acceptance NN , , from IN the DT time NN of IN registration NN of IN the DT first JJ memorandum NN . SENT Art NN . SENT 2111 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Creditors NNS and CC legatees NNS of IN a DT deceased JJ person NN preserve VV their PP$ prior JJ charge NN by IN a DT registration NN made VVN respecting IN each DT immovable JJ of IN the DT succession NN , , in IN the DT form NN provided VVD for IN in IN Articles NNS 2146 CD and CC 2148 CD , , and CC within IN four CD months NNS of IN the DT opening NN of IN the DT succession NN . SENT the DT prior JJ charge NN ranks NNS from IN the DT time NN of IN the DT said VVN opening NN . SENT Art NN . SENT 2111 CD 1 CD Act NP n NN 84 CD 595 CD of IN 12 CD July NP 1984 CD Prospective JJ owners NNS preserve VV their PP$ prior JJ charge NN by IN a DT registration NN made VVN at IN their PP$ suit NN respecting IN the DT immovable JJ which WDT is VBZ the DT subject JJ matter NN of IN the DT contract NN of IN lease NN with IN option NN to TO sell VV , , in IN the DT form NN provided VVD for IN in IN Articles NNS 2146 CD and CC 2148 CD and CC within IN a DT period NN of IN two CD months NNS after IN the DT signature NN of IN that DT contract NN . SENT the DT prior JJ charge NN ranks NNS from IN the DT time NN of IN the DT said VVN contract NN . SENT Art NN . SENT 2112 CD The NP assignees NNS of IN these DT various JJ preferential JJ claims NNS all RB exercise VVP the DT same JJ rights NNS as IN the DT assignors NNS , , in IN their PP$ stead NN and CC place NN . SENT Art NN . SENT 2113 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Mortgages NNS registered VVN on IN the DT immovables NNS allocated VVN to TO the DT warranty NN of IN claims NNS which WDT have VHP precedence NN , , within IN the DT period NN allowed VVN by IN Articles NNS 2108 CD , , 2109 CD and CC 2111 CD for IN requiring VVG the DT registration NN of IN a DT prior JJ claim NN , , may MD not RB prejudice NN creditors NNS who WP have VHP a DT prior JJ claim NN . SENT All DT preferential JJ claims NNS subject JJ to TO the DT formality NN of IN registration NN , , with IN respect NN to TO which WDT the DT requisites NNS above IN laid VVN down RP in IN order NN to TO preserve VV the DT prior JJ charge NN have VHP not RB been VBN fulfilled VVN , , do VVP not RB nevertheless RB cease VV to TO be VB mortgages NNS , , but CC the DT mortgage NN ranks VVZ , , with IN regard NN to TO third JJ parties NNS , , only RB from IN the DT time NN of IN the DT registration NN . SENT CHAPTER NN III NP OF IN MORTGAGES NNS Art NN . SENT 2114 CD A NP mortgage NN is VBZ a DT right NN in IN rem NP on IN immovables NNS allocated VVN to TO the DT discharge NN of IN an DT obligation NN . SENT It PP is VBZ , , by IN its PP$ nature NN , , indivisible JJ and CC subsists VVZ in IN entirety NN on IN all PDT the DT immovables NNS allocated VVN , , on IN each DT one NN and CC on IN each DT portion NN of IN those DT immovables NNS . SENT It PP follows VVZ them PP , , in IN whatever WDT hands NNS they PP may MD pass VV . SENT Art NN . SENT 2115 CD A NP mortgage NN exists VVZ only RB in IN the DT instances NNS and CC according VVG to TO the DT forms NNS authorized VVN by IN law NN . SENT Art NN . SENT 2116 CD It PP is VBZ either RB statutory JJ , , or CC judicial JJ , , or CC conventional JJ . SENT Art NN . SENT 2117 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD A NP statutory JJ mortgage NN is VBZ one NN which WDT results VVZ from IN a DT statute NN . SENT A DT judicial JJ mortgage NN is VBZ one NN which WDT results VVZ from IN judgments NNS . SENT A DT conventional JJ mortgage NN is VBZ one NN which WDT results VVZ from IN agreements NNS . SENT Art NN . SENT 2118 CD May MD alone RB be VB mortgaged VVN . SENT 1 CD Immovable JJ property NN which WDT may MD be VB the DT subject JJ matter NN of IN legal JJ transactions NNS between IN private JJ individuals NNS , , and CC its PP$ accessories NNS deemed VVD immovable JJ . SENT 2 LS The DT usufruct NN of IN the DT same JJ property NN and CC accessories NNS for IN the DT time NN of IN its PP$ duration NN . SENT Art NN . SENT 2119 CD Movables NNS may MD not RB be VB followed VVN in IN the DT hands NNS of IN another DT in IN consequence NN of IN a DT mortgage NN . SENT Art NN . SENT 2120 CD No RB innovation NN is VBZ made VVN by IN this DT Code NP to TO the DT provisions NNS of IN maritime JJ laws NNS concerning VVG ships NNS and CC vessels NNS . SENT Section NN I NN Of IN Statutory JJ Mortgages NNS Art NN . SENT 2121 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Independently RB of IN statutory JJ mortgages NNS resulting VVG from IN other JJ Codes NNS or CC from IN particular JJ statutes NNS , , the DT rights NNS and CC claims NNS to TO which WDT a DT statutory JJ mortgage NN is VBZ granted VVN are VBP . SENT 1 LS Those DT of IN one CD spouse NN , , on IN the DT property NN of IN the DT other JJ . SENT 2 LS Those DT of IN minors NNS or CC adults NNS in IN guardianship NN , , on IN the DT property NN of IN a DT guardian NN or CC statutory JJ administrator NN . SENT 3 LS Those DT of IN the DT State NP , , of IN departments NNS , , of IN communes NNS and CC of IN public JJ institutions NNS , , on IN the DT property NN of IN collectors NNS and CC accounting NN administrators NNS . SENT 4 LS Those DT of IN a DT legatee NN , , on IN the DT property NN of IN the DT succession NN , , under IN Article NP 1017 CD . SENT 5 LS Those DT stated VVN in IN Article NP 2101 CD , , 2 CD , , 3 CD , , 5 CD , , 6 CD , , 7 CD and CC 8 CD . SENT Art NN . SENT 2122 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD With IN reservation NN both CC of IN the DT exceptions NNS resulting VVG from IN this DT Code NP , , from IN other JJ Codes NNS or CC from IN particulars NNS statutes NNS and CC of IN the DT right NN of IN the DT debtor NN to TO avail VV himself PP of IN the DT provisions NNS of IN Articles NNS 2161 CD and CC following VVG , , a DT creditor NN benefiting VVG from IN a DT statutory JJ mortgage NN may MD register VV his PP$ right NN on IN all PDT the DT immovables NNS which WDT currently RB belong VVP to TO his PP$ debtor NN , , subject JJ to TO his PP$ complying VVG with IN the DT provisions NNS of IN Article NP 2146 CD . SENT Under IN the DT same JJ reservations NNS , , he PP may MD have VH complementary JJ registrations NNS made VVN respecting IN the DT immovables NNS subsequently RB entered VVD into IN the DT patrimony NN of IN his PP$ debtor NN . SENT Section NP II NP Of IN Judicial NP Mortgages NNS Art NN . SENT 2123 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD A NP judicial JJ mortgage NN results NNS from IN adversary NN or CC default NN judgments NNS , , final JJ or CC provisional JJ , , in IN favour NN of IN the DT one NN who WP has VHZ obtained VVN them PP . SENT It PP results VVZ also RB from IN arbitral JJ awards NNS provided VVN with IN an DT enforcement NN order NN , , as RB well RB as RB from IN judicial JJ decisions NNS handed VVD down RP in IN a DT foreign JJ country NN and CC whose WP$ execution NN has VHZ been VBN authorized VVN by IN a DT French JJ court NN . SENT With IN reservation NN of IN the DT right NN of IN the DT debtor NN to TO avail NN himself PP , , either CC pending VVG suit NN , , or CC at IN any DT other JJ time NN , , of IN the DT provisions NNS of IN Articles NNS 2161 CD and CC following VVG , , a DT creditor NN who WP benefits VVZ by IN a DT judicial JJ mortgage NN may MD register VV his PP$ right NN respecting VVG all PDT the DT immovables NNS currently RB belonging VVG to TO his PP$ debtor NN , , subject JJ to TO his PP$ complying VVG with IN the DT provisions NNS of IN Article NP 2146 CD . SENT He PP may MD , , under IN the DT same JJ reservations NNS , , have VHP complementary JJ registrations NNS made VVN respecting IN the DT immovables NNS subsequently RB entered VVD into IN the DT patrimony NN of IN his PP$ debtor NN . SENT Section NP III NP Of IN Conventional JJ Mortgages NNS Art NN . SENT 2124 CD Conventional JJ mortgages NNS may MD be VB granted VVN only RB by IN those DT who WP have VHP the DT capacity NN of IN conveying VVG the DT immovables NNS which WDT they PP burden NN with IN them PP . SENT Art NN . SENT 2125 CD Act NP of IN 31 CD Dec NP . SENT 1910 RB Those DT who WP have VHP on IN an DT immovable JJ only RB a DT right NN suspended VVN by IN a DT condition NN , , or CC avoidable JJ in IN certain JJ cases NNS , , or CC subject JJ to TO rescission NN , , may MD only RB grant VV a DT mortgage NN subject NN to TO the DT same JJ conditions NNS or CC to TO the DT same JJ rescission NN , , except IN for IN what WP relates VVZ to TO a DT mortgage NN granted VVN by IN all PDT the DT co NP owners NNS of IN an DT undivided JJ immovable JJ , , which WDT by IN way NN of IN exception NN retains VVZ its PP$ effect NN , , whatever WDT the DT subsequent JJ result NN of IN the DT sale NN by IN auction NN or CC of IN the DT partition NN may MD be VB . SENT Art NN . SENT 2126 CD The DT property NN of IN minors NNS , , of IN adults NNS in IN guardianship NN and CC those DT of IN absentees NNS , , so RB long RB as IN its PP$ possession NN is VBZ conferred VVD only RB temporarily RB , , may MD be VB mortgaged VVN only RB for IN the DT causes NNS and CC in IN the DT forms NNS established VVN by IN law NN or CC by IN virtue NN of IN a DT judgment NN . SENT Art NN . SENT 2127 CD A NP conventional JJ mortgage NN may MD only RB be VB granted VVN by IN an DT instrument NN drawn VVN up RP in IN authentic JJ form NN repealed VVN by IN implication NN . SENT Art NN . SENT 2128 CD Contracts NNS entered VVN into IN in IN foreign JJ countries NNS may MD not RB establish VV a DT mortgage NN on IN immovables NNS in IN France NP , , unless IN there EX are VBP provisions NNS contrary JJ to TO this DT principle NN in IN political JJ statutes NNS or CC in IN treaties NNS . SENT Art NN . SENT 2129 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD The NP granting VVG of IN a DT conventional JJ mortgage NN is VBZ valid JJ only RB where WRB the DT authentic JJ constitutive JJ title NN of IN the DT claim NN or CC a DT subsequent JJ authentic JJ instrument NN declares VVZ in IN specific JJ terms NNS the DT nature NN and CC the DT location NN of IN each DT one NN of IN the DT immovables NNS on IN which WDT the DT mortgage NN is VBZ granted VVN , , as RB stated VVN in IN Article NP 2146 CD below RB . SENT Art NN . SENT 2130 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Property NN to TO come VV may MD not RB be VB mortgaged VVN . SENT Nevertheless RB , , where WRB existing JJ and CC unencumbered JJ property NN is VBZ insufficient JJ to TO secure VV the DT claim NN , , a DT debtor NN may MD , , in IN admitting VVG that DT insufficiency NN , , agree VVP that IN each DT property NN which WDT he PP may MD subsequently RB acquire NN be VB specially RB allocated VVN thereto RB as IN the DT acquisitions NNS proceed VVP . SENT Art NN . SENT 2131 CD Likewise RB , , in IN case NN the DT existing JJ immovable JJ or CC immovables NNS , , burdened VVN with IN the DT mortgage NN , , have VHP perished VVN or CC suffered VVN deteriorations NNS , , so RB that IN they PP have VHP become VVN insufficient JJ for IN the DT security NN of IN the DT creditor NN , , the DT latter NN may MD either RB enforce VV at IN once IN his PP$ reimbursement NN , , or CC obtain VV an DT additional JJ mortgage NN . SENT Art NN . SENT 2132 CD A NP conventional JJ mortgage NN is VBZ valid JJ only RB where WRB the DT sum NN for IN which WDT it PP is VBZ granted VVN is VBZ certain JJ and CC determined VVN by IN the DT instrument NN . SENT where WRB the DT claim NN resulting VVG from IN the DT obligation NN is VBZ conditional JJ as RB to TO its PP$ existence NN or CC undetermined JJ as RB to TO its PP$ value NN , , the DT creditor NN may MD require VV thr NN registration NN hereafter RB dealt VVN with IN only RB up RB to TO the DT amount NN of IN an DT estimated JJ value NN expressly RB declared VVD by IN him PP , , and CC which WDT the DT debtor NN has VHZ the DT right NN to TO have VH reduced VVN , , if IN there EX is VBZ occasion NN . SENT Art NN . SENT 2133 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD A NP mortgage NN once RB granted VVD extends VVZ to TO all PDT the DT improvements NNS happening VVG to TO the DT mortgaged VVN immovable JJ . SENT Where WRB a DT person NN possesses VVZ an DT existing JJ right NN which WDT permits VVZ him PP to TO build VV for IN his PP$ benefit NN on IN another DT s PP tenement NN , , he PP may MD grant VV a DT mortgage NN on IN the DT buildings NNS whose WP$ erection NN is VBZ begun VVN or CC merely RB planned VVN . SENT in IN case NN of IN destruction NN of IN the DT buildings NNS , , the DT mortgage NN burdens NNS by IN operation NN of IN law NN new JJ buildings NNS erected VVN on IN the DT same JJ place NN . SENT Section NP IV NP Of IN the DT Rank NP of IN Mortgages NNS with IN Respect NN to TO Each DT Other JJ Art NN . SENT 2134 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Between IN creditors NNS , , a DT mortgage NN , , either CC statutory JJ , , or CC judicial JJ , , or CC conventional JJ , , ranks VVZ only RB from IN the DT day NN of IN the DT registration NN made VVN by IN the DT creditor NN at IN the DT land NN registry NN , , in IN the DT form NN and CC manner NN prescribed VVN by IN law NN . SENT Where WRB several JJ registrations NNS are VBP required VVN on IN the DT same JJ day NN as RB to TO the DT same JJ immovable JJ , , that IN which WDT is VBZ required VVN by IN virtue NN of IN the DT instrument NN of IN title NN bearing VVG the DT remotest JJS date NN shall MD be VB deemed VVN of IN prior JJ rank NN , , whatever WDT the DT order NN resulting VVG from IN the DT register NN provided VVD for IN in IN Article NP 2200 CD may MD be VB . SENT Act NP n NN 98 CD 261 CD of IN 6 CD April NP 1998 CD However RB , , the DT registrations NNS of IN separations NNS of IN patrimony NN provided VVN for IN by IN Article NP 2111 CD , , in IN the DT case NN referred VVD to TO in IN Article NP 2113 CD , , paragraph NN 2 CD , , as RB well RB as IN those DT of IN the DT statutory JJ mortgages NNS provided VVN for IN in IN Article NP 2121 CD , , 1 CD , , 2 CD and CC 3 CD , , shall MD be VB deemed VVN of IN a DT rank NN prior RB to TO the DT one NN of IN any DT registration NN of IN judicial JJ or CC conventional JJ mortgages NNS made VVN on IN the DT same JJ day NN . SENT Act NP n NN 98 CD 261 CD of IN 6 CD April NP 1998 CD Where WRB several JJ registrations NNS are VBP made VVN on IN the DT same JJ day NN as RB to TO the DT same JJ immovable JJ , , either CC by IN virtue NN of IN instruments NNS of IN title NN provided VVN for IN in IN the DT second JJ paragraph NN but CC bearing VVG the DT same JJ date NN , , or CC for IN the DT benefit NN of IN requiring VVG parties NNS vested VVN with IN the DT prior JJ charge NN or CC the DT mortgages NNS referred VVD to TO in IN the DT third JJ paragraph NN , , the DT registrations NNS rank VV equally RB whatever WDT the DT order NN of IN the DT above RB mentioned VVN register NN may MD be VB . SENT The DT order NN of IN priority NN between IN creditors NNS having VHG a DT prior JJ charge NN or CC mortgage NN and CC holders NNS of IN warrants NNS , , insofar RB as IN the DT latter NN are VBP secured VVN on IN property NN deemed VVN immovable JJ , , is VBZ determined VVN by IN the DT dates NNS on IN which WDT the DT respective JJ instruments NNS have VHP been VBN given VVN public JJ notice NN , , the DT recording NN of IN warrants NNS remaining VVG subject NN to TO the DT special JJ statutes NNS which WDT regulate VV them PP . SENT Section NN V NN Of IN Particular JJ Rules NNS for IN the DT Statutory JJ Mortgage NN of IN Spouses NNS Art NN . SENT 2135 CD repealed VVN Art NN . SENT 2136 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Where WRB spouses NNS have VHP stipulated VVD participation NN in IN acquisitions NNS , , the DT clause NN , , except IN for IN agreement NN to TO the DT contrary NN , , vests NNS both CC by IN operation NN of IN law NN with IN the DT faculty NN to TO register VV a DT statutory JJ mortgage NN to TO secure VV the DT claim NN in IN participation NN . SENT Registration NN may MD be VB made VVN before IN dissolution NN of IN the DT matrimonial JJ regime NN . SENT but CC it PP has VHZ effect NN only RB from IN that DT dissolution NN and CC provided VVN that IN the DT immovables NNS burdened VVN exist VVP at IN this DT date NN in IN the DT patrimony NN of IN the DT debtor JJ spouse NN . SENT In IN case NN of IN anticipated JJ liquidation NN , , a DT registration NN prior RB to TO the DT request NN has VHZ effect NN from IN the DT day NN of IN the DT latter NN , , a DT subsequent JJ registration NN having VHG effect NN only RB from IN its PP$ date NN as IN stated VVN in IN Article NP 2134 CD . SENT A DT registration NN may MD also RB be VB made VVN within IN the DT year NN which WDT follows VVZ the DT dissolution NN of IN the DT matrimonial JJ regime NN . SENT it PP then RB takes VVZ effect NN from IN its PP$ date NN . SENT Art NN . SENT 2137 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD Outside IN the DT case NN of IN participation NN in IN acquisitions NNS , , a DT statutory JJ mortgage NN may MD be VB registered VVN only RB by IN intervention NN of IN the DT court NN , , as IN is VBZ explained VVN in IN this DT Article NP and CC the DT following VVG one NN . SENT Where WRB one CD of IN the DT spouses NNS institutes NN a DT claim NN for IN the DT purpose NN of IN having VHG a DT debt NN against IN his PP$ or CC her PP$ spouse NN or CC the DT heirs NNS of IN the DT latter NN established VVN , , he PP or CC she PP may MD , , from IN the DT lodging NN of IN the DT claim NN , , require VVP a DT provisional JJ registration NN of IN his PP$ or CC her PP$ statutory JJ mortgage NN , , by IN showing VVG the DT original NN of IN the DT summons NN served VVD , , as RB well RB as IN a DT certificate NN from IN the DT clerk NN which WDT attests VVZ that IN the DT matter NN has VHZ been VBN referred VVN to TO the DT court NN . SENT The DT same JJ right NN exists VVZ in IN case NN of IN counter JJ claim NN , , upon IN showing VVG of IN a DT copy NN of IN the DT pleadings NNS . SENT Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD A DT registration NN is VBZ valid JJ for IN three CD years NNS and CC renewable JJ . SENT It PP is VBZ subject JJ to TO the DT rules NNS of IN Chapters NNS IV NP and CC following VVG of IN this DT Title NN . SENT Where WRB the DT claim NN is VBZ entertained VVN , , the DT judgment NN shall MD be VB mentioned VVN , , at IN the DT suit NN of IN the DT plaintiff NN spouse NN , , in IN the DT margin NN of IN the DT provisional JJ registration NN , , on IN pain NN of IN nullity NN of IN that DT registration NN , , within IN a DT month NN after IN the DT day NN when WRB it PP has VHZ become VVN final JJ . SENT It PP constitutes VVZ the DT instrument NN of IN title NN for IN a DT final JJ registration NN which WDT takes VVZ the DT place NN of IN the DT provisional JJ registration NN and CC which WDT ranks VVZ at IN the DT date NN of IN the DT latter NN . SENT Where WRB the DT amount NN of IN the DT capital NN of IN the DT debt NN allowed VVN and CC of IN its PP$ accessories NNS exceeds VVZ the DT sum NN which WDT the DT provisional JJ registration NN secures VVZ , , the DT excess NN may MD be VB maintained VVN only RB by IN a DT registration NN made VVN in IN accordance NN with IN the DT provisions NNS of IN Article NP 2148 CD and CC taking VVG effect NN from IN its PP$ date NN , , as RB stated VVN in IN Article NP 2134 CD . SENT Where WRB the DT claim NN is VBZ dismissed VVN in IN full JJ , , the DT court NN , , on IN request NN of IN the DT defendant NN spouse NN , , shall MD order VV the DT striking VVG off RP of IN the DT provisional JJ registration NN . SENT Art NN . SENT 2138 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Likewise RB , , where WRB , , during IN the DT marriage NN , , there EX is VBZ occasion NN to TO transfer VV from IN one CD spouse NN to TO the DT other JJ the DT administration NN of IN certain JJ property NN , , in IN accordance NN with IN Article NP 1426 CD or CC Article NP 1429 CD , , the DT court NN , , either CC in IN the DT judgment NN itself PP which WDT orders NNS the DT transfer NN , , or CC in IN a DT subsequent JJ judgment NN , , may MD decide VV that IN a DT registration NN of IN the DT statutory JJ mortgage NN will MD be VB made VVN respecting IN the DT immovables NNS of IN the DT spouse NN who WP will MD have VH the DT responsibility NN of IN administering VVG it PP . SENT If IN so RB , , it PP shall MD fix VV the DT sum NN for IN which WDT registration NN will MD be VB made VVN and CC designate VV the DT immovables NNS which WDT will MD be VB burdened VVN with IN it PP . SENT If IN not RB , , it PP may MD nevertheless RB decide VV that IN the DT registration NN of IN a DT mortgage NN will MD be VB replaced VVN by IN establishing VVG a DT pawn NN , , of IN which WDT it PP itself PP shall MD determine VV the DT terms NNS . SENT Where WRB , , later RBR on RB , , new JJ circumstances NNS seem VVP to TO require VV it PP , , the DT court NN may MD always RB decide VV , , by IN judgment NN , , that WDT either RB a DT first JJ registration NN or CC complementary JJ registrations NNS will MD be VB made VVN or CC that IN a DT pawn NN will MD be VB established VVN . SENT The DT registrations NNS provided VVN for IN by IN this DT Article NN shall MD be VB made VVN and CC renewed VVN at IN the DT request NN of IN the DT Government NP procurator NN s NN office NN . SENT Art NN . SENT 2139 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Where WRB a DT statutory JJ mortgage NN has VHZ been VBN registered VVN under IN Articles NNS 2136 CD or CC 2137 CD , , and CC unless IN an DT express JJ clause NN of IN the DT ante NN nuptial JJ agreement NN prohibits VVZ it PP , , the DT spouse NN who WP profits VVZ by IN the DT registration NN may MD agree VV , , to TO the DT benefit NN of IN the DT other JJ spouse NN s PP creditors NNS or CC of IN his PP$ or CC her PP$ own JJ creditors NNS , , to TO an DT assignment NN of IN his PP$ or CC her PP$ rank NN or CC to TO a DT subrogation NN to TO the DT rights NNS resulting VVG from IN his PP$ or CC her PP$ registration NN . SENT It PP shall MD be VB the DT same JJ as RB to TO a DT statutory JJ mortgage NN or CC , , possibly RB , , a DT judicial JJ mortgage NN securing VVG periodical JJ payments NNS ordered VVD , , or CC liable JJ to TO be VB ordered VVN to TO a DT spouse NN , , for IN himself PP or CC herself PP Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD or CC for IN the DT children NNS . SENT Where WRB the DT spouse NN who WP profits VVZ by IN the DT registration NN , , by IN refusing VVG to TO agree VV to TO an DT assignment NN of IN rank NN or CC to TO a DT subrogation NN , , prevents VVZ the DT other JJ spouse NN from IN creating VVG a DT mortgage NN which WDT the DT interest NN of IN the DT family NN would MD require VV or CC where WRB he PP or CC she PP is VBZ unable JJ to TO express VV his PP$ or CC her PP$ intention NN , , the DT judges NNS may MD authorize VV that DT assignment NN of IN rank NN or CC that DT subrogation NN subject NN to TO the DT conditions NNS which WDT they PP deem VVP necessary JJ for IN the DT protection NN of IN the DT rights NNS of IN the DT spouse NN concerned VVN . SENT They PP have VHP the DT same JJ powers NNS where WRB the DT ante NN nuptial JJ agreement NN contains VVZ the DT clause NN referred VVD to TO in IN the DT first JJ paragraph NN . SENT Art NN . SENT 2140 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Where WRB a DT mortgage NN has VHZ been VBN registered VVN under IN Article NP 2138 CD , , an DT assignment NN of IN rank NN or CC a DT subrogation NN may MD , , for IN the DT duration NN of IN the DT transfer NN of IN administration NN , , result VV only RB from IN a DT judgment NN of IN the DT court NN which WDT has VHZ ordered VVN that DT transfer NN . SENT As RB soon RB as IN the DT transfer NN of IN administration NN comes VVZ to TO an DT end NN , , an DT assignment NN of IN rank NN or CC a DT subrogation NN may MD be VB made VVN in IN the DT way NN provided VVD for IN in IN Article NP 2139 CD . SENT Art NN . SENT 2141 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Judgments NNS given VVN under IN the DT two CD preceding JJ Articles NNS shall MD be VB handed VVN down RP in IN the DT forms NNS regulated VVN by IN the DT Code NP of IN Civil NP Procedure NN . SENT Subject JJ to TO the DT provisions NNS of IN Article NP 2137 CD , , a DT statutory JJ mortgage NN of IN spouses NNS is VBZ subject JJ , , as RB to TO renewal NN of IN registrations NNS , , to TO the DT rules NNS of IN Article NP 2154 CD . SENT Art NN . SENT 2142 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD The NP provisions NNS of IN Articles NNS 2136 CD to TO 2141 CD shall MD be VB made VVN known VVN to TO spouses NNS or CC future JJ spouses NNS in IN the DT way NN provided VVD for IN by IN a DT decree NN . SENT Section NP VI NP Of IN Particular JJ Rules NNS for IN the DT Statutory JJ Mortgage NN of IN Persons NP in IN Guardianship NN D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Art NN . SENT 2143 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD At IN the DT opening NN of IN any DT guardianship NN , , the DT family NN council NN , , after IN hearing VVG the DT guardian NN , , shall MD decide VV whether IN a DT registration NN must MD be VB demanded VVN on IN the DT immovables NNS of IN the DT guardian NN . SENT If IN so RB , , it PP shall MD fix VV the DT sum NN for IN which WDT the DT registration NN will MD be VB made VVN and CC designate VV the DT immovables NNS which WDT will MD be VB burdened VVN with IN it PP . SENT If IN not RB , , it PP may MD nevertheless RB decide VV that IN the DT registration NN of IN a DT mortgage NN will MD be VB replaced VVN by IN the DT establishing VVG of IN a DT pawn NN , , of IN which WDT it PP itself PP shall MD determine VV the DT terms NNS . SENT In IN the DT course NN of IN the DT guardianship NN , , the DT family NN council NN may MD always RB order VV , , where WRB the DT interests NNS of IN the DT minor JJ or CC of IN the DT adult NN in IN guardianship NN seem VVP to TO require VV it PP , , that IN either RB a DT first JJ registration NN or CC complementary JJ registrations NNS will MD be VB made VVN or CC that IN a DT pawn NN will MD be VB established VVN . SENT In IN the DT cases NNS where WRB statutory JJ administration NN takes VVZ place NN under IN Article NP 389 CD , , the DT judge NN of IN guardianships NNS , , who WP gives VVZ judgment NN either CC of IN his PP$ own JJ motion NN or CC on IN the DT request NN of IN a DT relative NN by IN blood NN or CC by IN marriage NN or CC of IN the DT Government NP procurator NN s NN office NN , , may MD likewise RB decide VV that IN a DT registration NN will MD be VB made VVN on IN the DT immovables NNS of IN the DT statutory JJ administrator NN , , or CC that IN the DT latter NN must MD establish VV a DT pawn NN . SENT The DT registrations NNS provided VVN for IN by IN this DT Article NN shall MD be VB made VVN at IN the DT request NN of IN the DT clerk NN of IN the DT judge NN of IN guardianships NNS , , and CC the DT costs NNS shall MD be VB charged VVN to TO the DT account NN of IN the DT guardianship NN . SENT Art NN . SENT 2144 CD A NP ward NN , , after IN his PP$ or CC her PP$ coming VVG of IN age NN or CC emancipation NN , , or CC an DT adult NN in IN guardianship NN , , after IN withdrawing VVG of IN the DT guardianship NN of IN adults NNS , , may MD require VV the DT registration NN of IN his PP$ or CC her PP$ statutory JJ mortgage NN or CC a DT complementary JJ registration NN , , within IN a DT period NN of IN one CD year NN . SENT This DT right NN may MD , , furthermore RB , , be VB exercised VVN by IN the DT heirs NNS of IN the DT ward NN or CC of IN the DT adult NN in IN guardianship NN within IN the DT same JJ period NN , , and CC in IN case NN of IN death NN of IN the DT person NN under IN a DT disability NN before IN the DT ending NN of IN the DT guardianship NN or CC the DT withdrawing VVG of IN the DT guardianship NN of IN adults NNS , , within IN the DT year NN of IN the DT death NN . SENT Art NN . SENT 2145 CD During IN the DT minority NN and CC the DT guardianship NN of IN adults NNS , , a DT registration NN made VVN by IN virtue NN of IN Article NP 2143 CD must MD be VB renewed VVN by IN the DT clerk NN of IN the DT tribunal NN d SYM instance NN , , in IN accordance NN with IN Article NP 2154 CD of IN the DT Civil NP Code NP . SENT CHAPTER NN IV NP OF IN THE DT MODE NN OF IN REGISTRATION NN OF IN PRIOR JJ CHARGES NNS AND CC MORTGAGES NNS D NP n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Art NN . SENT 2146 CD Shall NP be VB registered VVN at IN the DT land NN registry NN of IN the DT location NN of IN the DT property NN . SENT 1 CD Prior RB charges NNS over IN immovables NNS , , subject JJ to TO the DT sole JJ exceptions NNS referred VVD to TO in IN Article NP 2107 CD . SENT 2 CD Statutory JJ , , judicial JJ or CC conventional JJ mortgages NNS . SENT A DT registration NN which WDT may MD never RB be VB made VVN by IN the DT registrar NN of IN his PP$ own JJ motion NN may MD take VV place NN only RB for IN a DT sum NN and CC for IN immovables NNS which WDT are VBP determined VVN , , subject JJ to TO the DT conditions NNS laid VVN down RP in IN Article NP 2148 CD . SENT In IN any DT case NN , , the DT immovables NNS respecting VVG to TO which WDT a DT registration NN is VBZ required VVN must MD be VB individually RB designated VVN , , with IN indication NN of IN the DT commune NN where WRB they PP are VBP situated VVN , , exclusive JJ of IN any DT general JJ designation NN , , even RB limited VVN to TO a DT given VVN territorial JJ area NN . SENT Art NN . SENT 2147 CD Creditors NNS who WP have VHP a DT prior JJ charge NN or CC mortgage NN may MD not RB profitably RB make VV registration NN respecting VVG to TO the DT preceding JJ owner NN , , from IN the DT recording NN of IN the DT transfer NN made VVN for IN the DT benefit NN of IN a DT third JJ party NN . SENT Notwithstanding IN that DT recording NN , , a DT seller NN , , lender NN of IN funds NNS for IN acquisition NN and CC a DT coparcener NN may MD profitably RB register VV , , within IN the DT periods NNS provided VVN for IN in IN Articles NNS 2108 CD and CC 2109 CD , , the DT prior JJ charges NNS which WDT Article NP 2103 CD confers VVZ upon IN them PP . SENT A DT registration NN produces VVZ no DT effect NN between IN the DT creditors NNS of IN a DT succession NN where WRB it PP has VHZ been VBN made VVN by IN one CD of IN them PP only RB after IN the DT death NN , , in IN case NN the DT succession NN is VBZ accepted VVN only RB under IN benefit NN of IN inventory NN or CC is VBZ declared VVN vacant JJ . SENT However RB , , the DT prior JJ charges NNS granted VVN to TO a DT seller NN , , a DT lender NN of IN funds NNS for IN an DT acquisition NN , , a DT coparcener NN , , as RB well RB as IN to TO the DT creditors NNS and CC legatees NNS of IN the DT deceased JJ , , may MD be VB registered VVN within IN the DT periods NNS provided VVN for IN in IN Articles NNS 2108 CD , , 2109 CD and CC 2111 CD , , notwithstanding IN an DT acceptance NN under IN benefit NN or CC the DT vacancy NN of IN the DT succession NN . SENT Ord NP . SENT N NP 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD In IN case NN of IN seizure NN of IN immovables NNS , , of IN judicial JJ liquidation NN or CC of IN judicial JJ arrangement NN , , the DT registration NN of IN prior JJ charges NNS and CC mortgages NNS produces VVZ the DT effects NNS regulated VVN by IN the DT provisions NNS of IN the DT Code NP of IN Civil NP Procedure NN and CC by IN those DT on IN judicial JJ liquidation NN and CC judicial JJ arrangement NN . SENT Art NN . SENT 2148 CD D NP . SENT n NN 55 CD 52 CD of IN 4 CD Jan NP . SENT 1955 CD . SENT Act NP n NN 56 CD 780 CD of IN 4 CD Aug NN . SENT 1956 CD . SENT D SYM . SENT n NN 59 CD 89 CD of IN 7 CD Jan NP . SENT 1959 CD . SENT Ord NP . SENT N NP 67 CD 839 CD of IN 28 CD Sept NP . SENT 1967 CD . SENT Act NP n NN 98 CD 261 CD of IN 6 CD April NP 1998 CD The DT registration NN of IN prior JJ charges NNS and CC mortgages NNS shall MD be VB made VVN by IN the DT land NN registrar NN following VVG the DT filing NN of IN two CD schedules NNS dated VVN , , signed VVN and CC certified VVN to TO be VB corresponding JJ to TO each DT other JJ by IN the DT signatory NN of IN the DT certificate NN of IN identity NN provided VVN for IN in IN paragraph NN 13 CD of IN this DT Article NN . SENT a DT decree NN in IN Conseil NP d SYM tat NN shall MD determine VV the DT requirements NNS as RB to TO form VV which WDT the DT schedule NN designed VVN to TO be VB kept VVN in IN the DT land NN registry NN must MD comply VV with IN . SENT In IN the DT case NN where WRB the DT registrant NN did VVD not RB use VV a DT prescribed JJ form NN , , the DT registrar NN shall MD nevertheless RB accept VV the DT deposit NN , , subject JJ to TO the DT provisions NNS of IN the DT penultimate JJ paragraph NN of IN this DT Article NN . SENT However RB , , in IN order NN to TO have VH judicial JJ mortgages NNS or CC securities NNS registered VVD , , a DT creditor NN shall MD present VV , , either CC himself PP or CC through IN a DT third JJ party NN , , to TO the DT land NN registrar NN . SENT 1 LS The DT original JJ , , an DT authentic JJ office NN copy NN or CC a DT literal JJ extract NN from IN the DT judicial JJ decision NN giving VVG rise NN to TO the DT mortgage NN , , where WRB the DT latter JJ results NNS from IN the DT provisions NNS of IN Article NP 2123 CD . SENT 2 LS The DT authorization NN of IN the DT judge NN , , the DT judicial JJ decision NN or CC the DT instrument NN of IN title NN in IN matters NNS of IN judicial JJ provisional JJ securities NNS . SENT Each DT of IN the DT schedules NNS shall MD contain VV exclusively RB , , on IN pain NN of IN rejection NN of IN the DT formality NN . SENT 1 LS The DT designation NN of IN the DT creditor NN , , of IN the DT debtor NN or CC of IN the DT owner NN , , where WRB the DT debtor NN is VBZ not RB the DT owner NN of IN the DT burdened VVN immovable JJ , , in IN accordance NN with IN paragraph NN 1 CD of IN Articles NNS 5 CD and CC 6 CD of IN the DT Decree NN of IN 4 CD January NP 1955 CD . SENT 2 LS The DT election NN of IN domicile NN , , by IN the DT creditor NN , , in IN any DT place NN situated VVN in IN France NP , , in IN overseas JJ departments NNS or CC in IN the DT territorial JJ authorities NNS of IN Saint NP Pierre NP et CC Miquelon NP . SENT 3 LS The DT indication NN of IN the DT date NN and CC nature NN of IN the DT instrument NN of IN title NN giving VVG rise NN to TO the DT security NN or CC of IN the DT instrument NN of IN title NN creating VVG the DT claim NN as RB well RB as IN the DT origin NN of IN the DT obligation NN secured VVN by IN the DT prior JJ charge NN . SENT Where WRB a DT notarial JJ instrument NN is VBZ concerned VVN , , the DT name NN and CC residence NN of IN the DT draftsman NN shall MD be VB specified VVN . SENT As RB to TO the DT registrations NNS required VVN in IN compliance NN with IN the DT provisions NNS referred VVD to TO in IN Articles NNS 2111 CD and CC 2121 CD , , 1 CD , , 2 CD and CC 3 CD , , the DT schedules NNS shall MD set VV out RP the DT origin NN and CC nature NN of IN the DT claim NN . SENT 4 LS The DT indication NN of IN the DT capital NN of IN the DT claim NN , , of IN its PP$ accessories NNS and CC of IN the DT normal JJ date NN of IN maturity NN . SENT in IN any DT case NN , , the DT applicant NN must MD appraise VV the DT annuities NNS , , performances NNS and CC rights NNS undetermined JJ , , contingent JJ and CC conditional JJ , , without IN prejudice NN to TO the DT application NN of IN Articles NNS 2161 CD and CC following VVG for IN the DT benefit NN of IN the DT debtor NN . SENT and CC where WRB the DT rights NNS are VBP contingent JJ or CC conditional JJ , , he PP must MD summarily RB indicate VV the DT event NN or CC the DT condition NN upon IN which WDT the DT existence NN of IN the DT claim NN depends VVZ . SENT In IN the DT cases NNS where WRB the DT claim NN is VBZ backed VVN with IN an DT index NN linking VVG clause NN , , the DT registration NN must MD mention VV the DT original JJ amount NN of IN the DT claim NN as RB well RB as IN the DT index NN linking VVG clause NN . SENT Where WRB the DT amount NN of IN the DT claim NN is VBZ not RB denominated VVN in IN French JJ currency NN , , it PP must MD be VB immediately RB followed VVN by IN its PP$ exchange NN value NN in IN French JJ francs NNS euros NNS determined VVD according VVG to TO the DT latest JJS rate NN of IN exchange NN known VVN at IN the DT date NN of IN the DT title NN creating VVG the DT claim NN . SENT 5 LS The DT designation NN , , in IN accordance NN with IN paragraphs NNS 1 CD and CC 3 CD of IN Article NP 7 CD of IN the DT Decree NN of IN 4 CD January NP 1955 CD , , of IN each DT immovable JJ respecting VVG to TO which WDT a DT registration NN is VBZ required VVN . SENT 6 CD The DT indication NN of IN the DT date NN , , volume NN and CC number NN under IN which WDT was VBD registered VVN the DT title NN of IN ownership NN of IN the DT debtor NN or CC of IN the DT owner NN , , where WRB the DT debtor NN is VBZ not RB the DT owner NN of IN the DT immovables NNS burdened VVN , , when WRB that DT title NN is VBZ subsequent JJ to TO 1 CD January NP 1956 CD . SENT 7 CD The DT certification NN that IN the DT amount NN of IN the DT capital NN of IN the DT secured JJ claim NN mentioned VVN in IN the DT schedule NN is VBZ not RB greater JJR than IN that DT shown VVN in IN the DT title NN creating VVG the DT security NN or CC the DT claim NN . SENT The DT schedule NN designed VVN to TO be VB kept VVN in IN the DT land NN registry NN must MD contain VV , , in IN addition NN , , a DT mention NN of IN certification NN of IN the DT identity NN of IN the DT parties NNS , , prescribed VVN by IN Articles NNS 5 CD and CC 6 CD of IN the DT Decree NN of IN 4 CD January NP 1955 CD . SENT A DT filing NN shall MD be VB refused VVN . SENT 1 CD Failing NP the DT presentation NN of IN the DT title NN creating VVG the DT security NN or CC the DT claim NN as RB to TO mortgages NNS and CC judicial JJ securities NNS . SENT 2 CD Failing NP the DT mention NN referred VVD to TO in IN paragraph NN 13 CD , , or CC where WRB the DT immovables NNS are VBP not RB individually RB designated VVN , , with IN indication NN of IN the DT commune NN where WRB they PP are VBP situated VVN . SENT Where WRB the DT registrar NN , , after IN having VHG accepted VVN the DT filing NN , , notices NNS the DT omission NN of IN one CD of IN the DT mentions VVZ prescribed VVN by IN this DT Article NN , , or CC a DT discrepancy NN between IN , , on IN the DT one CD hand NN , , the DT statements NNS relating VVG to TO the DT identity NN of IN the DT parties NNS or CC to TO the DT designation NN of IN the DT immovables NNS contained VVN in IN the DT schedule NN , , and CC , , on IN the DT other JJ hand NN , , those DT same JJ statements NNS contained VVN in IN schedules NNS or CC titles NNS already RB recorded VVN since IN 1 CD January NP 1956 CD , , the DT formality NN shall MD be VB rejected VVN , , unless IN the DT applicant NN regularizes VVZ the DT schedule NN or CC produces VVZ the DT proof NN which WDT establishes VVZ its PP$ accuracy NN , , in IN which WDT cases NNS , , the DT formality NN ranks VVZ on IN the DT date NN of IN the DT filing NN of IN the DT schedule NN noted VVD in IN the DT register NN of IN filings NNS . SENT A DT formality NN shall MD also RB be VB rejected VVN where WRB the DT schedules NNS include VVP an DT amount NN of IN secured JJ claim NN greater JJR than IN that DT which WDT appears VVZ in IN the DT title NN as RB regards VVZ mortgaged VVN and CC judicial JJ securities NNS , , as RB well RB as RB in IN the DT case NN referred VVD to TO in IN the DT first JJ paragraph NN of IN this DT Article NP , , where WRB the DT applicant NN does VVZ not RB substitute VV a DT new JJ schedule NN on IN a DT prescribed JJ form NN to TO the DT schedule NN irregular JJ as RB to TO form VV . SENT The DT decree NN above IN provided VVN for IN shall MD determine VV the DT details NNS of IN a DT refusal NN of IN a DT filing NN or CC of IN a DT rejection NN of IN a DT formality NN . SENT Art NN . SENT 2148 CD 1 CD Act NP n NN 79 CD 2 CD of IN 2 CD Jan NP . SENT 1979 CD For IN the DT sake NN of IN their PP$ registration NN , , prior JJ charges NNS and CC mortgages NNS bearing VVG on IN shares NNS depending VVG on IN a DT building NN subject NN to TO the DT status NN of IN co NP ownership NN shall MD be VB deemed VVN not RB to TO burden NN the DT portions NNS of IN the DT common JJ parts NNS included VVD in IN those DT shares NNS . SENT Nevertheless RB , , the DT registered JJ creditors NNS shall MD enforce VV their PP$ rights NNS on IN the DT said VVN portion NN taken VVN in IN its PP$ consistence NN at IN the DT time NN of IN the DT transfer NN whose WP$ proceeds NNS are VBP the DT subject JJ matter NN of IN the DT division NN . SENT that DT portion NN shall MD be VB deemed VVN burdened VVN with IN the DT same JJ securities NNS as IN the DT individual JJ shares NNS and CC with IN those DT securities NNS only RB . SENT Art NN . SENT 2149 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Shall NP be VB recorded VVN by IN the DT registrar NN , , under IN the DT form NN of IN mentions VVZ in IN the DT margin NN of IN the DT existing JJ registrations NNS , , the DT subrogations NNS to TO prior JJ charges NNS and CC mortgages NNS , , withdrawals NNS , , reductions NNS , , assignments NNS of IN priority NN and CC transfers NNS which WDT have VHP been VBN granted VVN , , extensions NNS of IN time NN , , changes NNS of IN domicile NN and CC , , as IN a DT general JJ rule NN , , any DT modifications NNS , , in IN particular JJ as RB to TO the DT person NN of IN the DT creditor NN who WP benefits VVZ by IN the DT registration NN , , which WDT do VVP not RB have VH the DT effect NN of IN worsening VVG the DT condition NN of IN the DT debtor NN . SENT It PP shall MD be VB the DT same JJ as RB to TO gratuitous JJ transfers NNS by IN inter VV vivos NNS or CC testamentary JJ instrument NN , , on IN condition NN of IN restitution NN , , bearing VVG on IN claims NNS secured VVN by IN prior JJ claims NNS or CC mortgages NNS . SENT D SYM . SENT n NN 59 CD 89 CD of IN 7 CD Jan NP . SENT 1959 CD The NP instruments NNS and CC judicial JJ decisions NNS recording VVG those DT different JJ agreements NNS or CC transfers NNS and CC the DT copies NNS , , extracts VVZ , , or CC office NN copies NNS filed VVN at IN the DT land NN registry NN for IN the DT purpose NN of IN the DT execution NN of IN the DT mentions VVZ shall MD contain VV the DT designation NN of IN the DT parties NNS in IN accordance NN with IN the DT first JJ paragraph NN of IN Articles NNS 5 CD and CC 6 CD of IN the DT Decree NN of IN 4 CD January NP 1955 CD . SENT That DT designation NN need MD not RB be VB certified VVN . SENT Furthermore RB , , in IN case NN a DT modification NN mentioned VVD bears NNS only RB on IN part NN of IN the DT immovables NNS burdened VVN , , the DT said VVD immovables NNS shall MD be VB individually RB designated VVN , , on IN pain NN of IN refusal NN of IN the DT filing NN . SENT Art NN . SENT 2150 CD Act NP of IN 1 CD March NP 1918 CD The DT registrar NN shall MD mention VV the DT filing NN of IN the DT schedules NNS on IN the DT register NN prescribed VVN by IN Article NP 2200 CD hereinafter RB , , and CC shall MD return VV to TO the DT applicant NN both CC the DT instrument NN of IN title NN or CC the DT office NN copy NN of IN the DT same JJ , , and CC one CD of IN the DT schedules NNS at IN the DT bottom NN of IN which WDT he PP shall MD mention VV the DT date NN of IN the DT filing NN , , the DT volume NN and CC the DT number NN under IN which WDT the DT schedule NN intended VVN for IN the DT archives NN has VHZ been VBN filed VVN . SENT The DT date NN of IN the DT registration NN is VBZ determined VVN by IN the DT mention NN entered VVN into IN the DT register NN of IN filings NNS . SENT The DT schedules NNS intended VVN for IN the DT archives NN shall MD be VB bound VVN without IN being VBG removed VVN thanks NNS to TO and CC at IN the DT expense NN of IN the DT registrars NNS . SENT Art NN . SENT 2151 CD D NP . SENT n NN 59 CD 89 CD of IN 7 CD Jan NP . SENT 1959 CD A DT creditor NN with IN a DT prior JJ charge NN whose WP$ title NN has VHZ been VBN registered VVN , , or CC a DT mortgage NN creditor NN registered VVN for IN a DT capital NN producing VVG interest NN and CC arrears NNS , , has VHZ the DT right NN to TO be VB marshalled VVN , , for IN three CD years NNS only RB , , on IN the DT same JJ rank NN as IN for IN his PP$ principal NN , , without IN prejudice NN to TO the DT special JJ registrations NNS to TO be VB made VVN , , importing VVG mortgage NN from IN their PP$ date NN , , for IN the DT interest NN and CC arrears NNS other JJ than IN those DT preserved VVN by IN the DT original JJ registration NN . SENT Art NN . SENT 2152 CD Act NP of IN 1 CD March NP 1918 CD A DT person NN who WP has VHZ required VVN a DT registration NN , , as RB well RB as IN his PP$ representatives NNS or CC assigns VVZ under IN an DT authentic JJ instrument NN , , are VBP entitled VVN to TO change VV at IN the DT land NN registry NN the DT domicile NN elected VVN by IN him PP in IN that DT registration NN , , provided VVD they PP choose VV and CC designate VV a DT new JJ one NN situated VVN in IN metropolitan JJ France NP , , in IN overseas RB d SYM partments NNS or CC in IN the DT territorial JJ authority NN of IN Saint NP Pierre NP et CC Miquelon NP Act NP n NN 98 CD 261 CD of IN 6 CD April NP 1998 CD . SENT Art NN . SENT 2153 CD repealed VVN Art NN . SENT 2154 CD Ord NP . SENT n NN 67 CD 839 CD of IN 28 CD Sept NP . SENT 1967 CD Registration NN preserves VVZ a DT prior JJ charge NN or CC a DT mortgage NN up RB to TO the DT date NN which WDT the DT creditor NN shall MD fix VV complying VVG with IN the DT following VVG provisions NNS . SENT Where WRB the DT principal NN of IN a DT secured JJ obligation NN must MD be VB paid VVN at IN one CD or CC several JJ due JJ dates NNS , , the DT extreme JJ effective JJ date NN of IN a DT registration NN made VVN before IN the DT due JJ date NN or CC the DT last JJ due JJ date NN provided VVN for IN is VBZ , , at IN most JJS , , two CD years NNS after IN that DT due JJ date NN without IN allowing VVG however RB the DT duration NN of IN the DT registration NN to TO exceed VV thirty CD five CD years NNS . SENT Where WRB the DT due JJ date NN or CC the DT last JJ due JJ date NN is VBZ undetermined JJ or CC where WRB it PP is VBZ prior JJ to TO or CC concomitant JJ with IN the DT registration NN , , the DT extreme JJ effective JJ date NN of IN that DT registration NN may MD not RB be VB more JJR than IN ten CD years NNS after IN the DT day NN of IN the DT formality NN . SENT Where WRB an DT obligation NN is VBZ such JJ that IN neither CC of IN the DT preceding JJ paragraphs NNS can MD be VB applied VVN , , the DT creditor NN may MD require VV either RB a DT single JJ registration NN to TO secure VV the DT whole NN of IN the DT obligation NN up RB to TO the DT remotest JJS date NN , , or CC a DT distinct JJ registration NN to TO secure VV each DT of IN the DT objects NNS of IN that DT obligation NN up RB to TO a DT date NN determined VVN in IN accordance NN with IN the DT provisions NNS of IN the DT said VVN paragraphs NNS . SENT It PP shall MD be VB the DT same JJ where WRB , , the DT first JJ of IN those DT paragraphs NNS alone RB being VBG applicable JJ , , the DT different JJ objects NNS of IN the DT obligation NN do VVP not RB involve VV the DT same JJ due JJ dates NNS or CC last JJ due JJ dates NNS . SENT Art NN . SENT 2154 CD 1 CD Ord NP . SENT n NN 67 CD 839 CD of IN 28 CD Sept NP . SENT 1967 CD A NP registration NN ceases VVZ to TO produce VV effect NN where WRB it PP has VHZ not RB been VBN renewed VVN at IN the DT latest JJS at IN the DT date NN referred VVD to TO in IN the DT first JJ paragraph NN of IN Article NP 2154 CD . SENT Each DT renewal NN must MD be VB required VVN up RP to TO a DT determined VVN date NN . SENT That DT date NN shall MD be VB fixed VVN as IN stated VVN in IN Article NP 2154 CD by IN distinguishing VVG according VVG as IN to TO whether IN the DT due JJ date NN or CC the DT last JJ due JJ date NN , , even RB where WRB it PP results VVZ from IN an DT extension NN of IN time NN , , is VBZ determined VVN or CC not RB and CC whether IN it PP is VBZ subsequent JJ or CC not RB to TO the DT day NN of IN the DT renewal NN . SENT Renewal NN is VBZ compulsory JJ , , in IN case NN the DT registration NN has VHZ produced VVN its PP$ statutory JJ effect NN , , in IN particular JJ , , in IN case NN of IN sale NN of IN the DT immovable JJ burdened VVN , , until IN payment NN or CC deposit NN of IN the DT proceeds NNS . SENT Art NN . SENT 2154 CD 2 CD Ord NP . SENT n NN 67 CD 839 CD of IN 28 CD Sept NP . SENT 1967 CD Where WRB one CD of IN the DT periods NNS of IN two CD years NNS , , ten CD years NNS and CC thirty CD five CD years NNS referred VVD to TO in IN Articles NNS 2154 CD and CC 2154 CD 1 CD has VHZ not RB been VBN complied VVN with IN , , a DT registration NN does VVZ not RB have VH any DT effect NN beyond IN the DT date NN of IN the DT expiry NN of IN that DT period NN . SENT Art NN . SENT 2154 CD 3 CD Ord NP . SENT n NN 67 CD 839 CD of IN 28 CD Sept NP . SENT 1967 CD Where WRB a DT provisional JJ registration NN of IN the DT statutory JJ mortgage NN of IN spouses NNS or CC of IN a DT judicial JJ mortgage NN has VHZ been VBN made VVN , , the DT provisions NNS of IN Articles NNS 2154 CD to TO 2154 CD 2 CD shall MD apply VV to TO the DT final JJ registration NN and CC to TO its PP$ renewal NN . SENT The DT date NN from IN which WDT the DT periods NNS shall MD begin VV to TO run VV is VBZ that IN of IN the DT final JJ registration NN or CC of IN its PP$ renewal NN . SENT Art NN . SENT 2155 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Unless IN otherwise RB stipulated VVD , , the DT expenses NNS of IN the DT registrations NNS shall MD be VB advanced VVN by IN the DT registrant NN and CC charged VVN to TO the DT debtor NN , , and CC the DT expenses NNS of IN the DT recording NN of IN the DT instrument NN of IN sale NN which WDT a DT seller NN may MD require VV in IN view NN of IN the DT registration NN of IN his PP$ prior JJ charge NN within IN the DT prescribed JJ time NN , , shall MD be VB charged VVN to TO the DT seller NN . SENT Art NN . SENT 2156 CD D NP . SENT n NN 59 CD 89 CD of IN 7 CD Jan NP . SENT 1959 CD Actions NNS to TO which WDT registrations NNS may MD give VV rise NN against IN creditors NNS shall MD be VB brought VVN before IN the DT court NN having VHG jurisdiction NN , , by IN summons NN served VVN upon IN their PP$ persons NNS , , or CC at IN the DT last JJ of IN the DT domiciles NNS elected VVN by IN them PP on IN the DT schedules NNS of IN registration NN , , even RB in IN case NN of IN death NN , , either CC of IN the DT creditors NNS , , or CC of IN those DT at IN whose WP$ residence NN they PP have VHP elected VVN domicile NN . SENT CHAPTER NN V NN OF IN THE DT CANCELLATION NN AND CC REDUCTION NN OF IN REGISTRATIONS NNS Section NP I NP General NP Provisions NNS Art NN . SENT 2157 CD Registrations NNS shall MD be VB cancelled VVN by IN the DT consent NN of IN the DT parties NNS concerned VVN and CC having VHG capacity NN therefor RB , , or CC by IN virtue NN of IN a DT judgment NN not RB subject JJ to TO appeal VV or CC having VHG become VVN res NN judicata NNS . SENT Art NN . SENT 2158 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD In IN both DT cases NNS , , those DT who WP require VVP the DT cancellation NN shall MD file VV at IN the DT registrar's JJ office NN the DT office NN copy NN of IN the DT authentic JJ instrument NN containing VVG the DT consent NN , , or CC that IN of IN the DT judgment NN . SENT Ord NP . SENT n NN 67 CD 839 CD of IN 28 CD Sept NP . SENT 1967 CD No RB document NN in IN proof NN is VBZ required VVN to TO support VV the DT office NN copy NN of IN the DT authentic JJ instrument NN concerning VVG the DT statements NNS establishing VVG the DT status NN , , capacity NN and CC qualification NN of IN the DT parties NNS , , where WRB those DT statements NNS are VBP certified VVN as IN accurate JJ by IN the DT notaire NN or CC the DT administrative JJ authority NN . SENT Art NN . SENT 2159 CD A DT cancellation NN without IN consent NN must MD be VB applied VVN for IN before IN the DT court NN in IN whose WP$ territory NN the DT registration NN has VHZ been VBN made VVN , , unless IN that DT registration NN was VBD made VVN to TO secure VV a DT contingent JJ or CC undetermined JJ judgment NN , , on IN whose WP$ enforcement NN or CC determination NN the DT debtor NN and CC the DT alleged JJ creditor NN are VBP in IN litigation NN or CC which WDT must MD be VB judged VVN in IN another DT court NN . SENT in IN which WDT case NN the DT action NN for IN cancellation NN shall MD be VB brought VVN or CC remitted VVN there RB . SENT However RB , , the DT agreement NN entered VVD into IN by IN the DT creditor NN and CC the DT debtor NN to TO bring VV the DT action NN , , in IN case NN of IN controversy NN , , before IN a DT court NN which WDT they PP have VHP designated VVN , , shall MD be VB enforced VVN between IN them PP . SENT Art NN . SENT 2160 CD Cancellation NN must MD be VB ordered VVN by IN the DT courts NNS , , where WRB a DT registration NN was VBD made VVN without IN being VBG based VVN on IN legislation NN or CC on IN a DT title NN , , or CC where WRB it PP was VBD made VVN by IN virtue NN of IN a DT title NN either CC irregular JJ or CC extinguished VVN or CC satisfied VVN , , or CC where WRB the DT rights NNS of IN prior JJ charge NN or CC of IN mortgage NN are VBP wiped VVN out RP by IN legal JJ remedies NNS . SENT Art NN . SENT 2161 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Where WRB the DT registrations NNS made VVN under IN Articles NNS 2122 CD and CC 2123 CD are VBP excessive JJ , , the DT debtor NN may MD apply VV for IN their PP$ reduction NN by IN complying VVG with IN the DT rules NNS of IN jurisdiction NN established VVN by IN Article NP 2159 CD . SENT Are VBP deemed VVN excessive JJ the DT registrations NNS which WDT burden NN several JJ immovables NNS where WRB the DT value NN of IN a DT single JJ one NN or CC of IN some DT of IN them PP exceeds VVZ a DT sum NN equal JJ to TO double VV of IN the DT amount NN of IN the DT claims NNS in IN capital NN and CC statutory JJ accessories NNS , , increased VVN by IN one CD third NN of IN that DT amount NN . SENT Art NN . SENT 2162 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD May MD also RB be VB reduced VVN as IN excessive JJ the DT registrations NNS made VVD according VVG to TO an DT appraisal NN made VVN by IN the DT creditor NN of IN conditional JJ , , contingent JJ or CC undetermined JJ claims NNS whose WP$ amount NN was VBD not RB fixed VVN by IN the DT agreement NN . SENT In IN that DT case NN , , the DT excess NN shall MD be VB appraised VVN by IN the DT judges NNS according VVG to TO the DT circumstances NNS , , probabilities NNS and CC presumptions NNS of IN fact NN , , in IN such PDT a DT manner NN as RB to TO conciliate VV the DT rights NNS of IN the DT creditor NN with IN the DT interest NN of IN preserving VVG credit NN to TO the DT debtor NN , , without IN prejudice NN to TO new JJ registrations NNS to TO be VB made VVN with IN a DT mortgage NN from IN the DT day NN of IN their PP$ date NN , , where WRB events NNS have VHP caused VVN the DT undetermined JJ claims NNS to TO a DT larger JJR sum NN . SENT Section NP II NP Particular JJ Provisions NNS Relating VVG to TO Mortgages NNS of IN Spouses NNS and CC of IN Persons NP in IN Guardianship NN Art NN . SENT 2163 CD Act NP n NN 65 CD 570 CD of IN 13 CD July NP 1965 CD Where WRB a DT statutory JJ mortgage NN has VHZ been VBN registered VVN under IN Articles NNS 2136 CD or CC 2137 CD Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD , , and CC except IN for IN an DT express JJ clause NN of IN the DT ante NN nuptial JJ agreement NN which WDT forbids VVZ it PP , , the DT spouse NN who WP profits VVZ by IN the DT registration NN may MD give VV a DT total JJ or CC partial JJ withdrawal NN of IN it PP . SENT It PP shall MD be VB the DT same JJ as RB to TO a DT statutory JJ mortgage NN , , or CC possibly RB a DT judicial JJ mortgage NN securing VVG periodical JJ payments NNS ordered VVD , , or CC liable JJ to TO be VB ordered VVN to TO a DT spouse NN , , for IN himself PP or CC herself PP Act NP n NN 85 CD 1372 CD of IN 23 CD Dec NP . SENT 1985 CD or CC for IN the DT children NNS Where WRB the DT spouse NN who WP profits VVZ by IN the DT registration NN , , by IN refusing VVG to TO reduce VV the DT mortgage NN or CC to TO give VV a DT withdrawal NN of IN it PP , , prevents VVZ the DT other JJ spouse NN from IN creating VVG a DT mortgage NN or CC making VVG a DT transfer NN which WDT the DT interest NN of IN the DT family NN would MD require VV or CC where WRB he PP or CC she PP is VBZ unable JJ to TO express VV his PP$ or CC her PP$ intention NN , , the DT judges NNS may MD authorize VV that IN reduction NN or CC withdrawal NN subject NN to TO the DT conditions NNS which WDT they PP deem VVP necessary JJ for IN the DT protection NN of IN the DT rights NNS of IN the DT spouse NN concerned VVN . SENT They PP have VHP the DT same JJ powers NNS where WRB the DT ante NN nuptial JJ agreement NN contains VVZ the DT clause NN referred VVD to TO in IN the DT first JJ paragraph NN . SENT Where WRB a DT mortgage NN has VHZ been VBN registered VVN under IN Article NP 2138 CD , , the DT registration NN may MD , , for IN the DT duration NN of IN the DT transfer NN of IN administration NN , , be VB cancelled VVN or CC reduced VVN only RB by IN virtue NN of IN a DT judgment NN of IN the DT court NN which WDT has VHZ ordered VVN that DT transfer NN . SENT As RB soon RB as IN the DT transfer NN of IN administration NN comes VVZ to TO an DT end NN , , a DT cancellation NN or CC reduction NN may MD be VB made VVN in IN the DT way NN provided VVD for IN in IN paragraphs NNS 1 CD and CC 3 CD above RB . SENT Art NN . SENT 2164 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD Where WRB the DT value NN of IN the DT immovables NNS on IN which WDT the DT mortgage NN of IN a DT minor JJ or CC of IN an DT adult NN in IN guardianship NN has VHZ been VBN registered VVN notably RB exceeds VVZ what WP is VBZ necessary JJ to TO secure VV the DT management NN of IN the DT guardian NN , , the DT latter NN may MD request VV the DT family NN council NN to TO reduce VV the DT registration NN to TO the DT immovables NNS which WDT are VBP sufficient JJ . SENT He PP may MD likewise RB request VV it PP to TO reduce VV the DT appraisal NN which WDT has VHZ been VBN made VVN of IN his PP$ obligations NNS towards IN the DT ward NN . SENT In IN the DT same JJ cases NNS , , where WRB a DT registration NN has VHZ been VBN made VVN on IN his PP$ immovables NNS under IN Article NP 2143 CD , , a DT statutory JJ administrator NN may MD request VV the DT judge NN of IN guardianships NNS to TO reduce VV it PP , , either CC as RB to TO the DT immovables NNS burdened VVN , , or CC as RB to TO the DT sums NNS secured VVN . SENT Furthermore RB , , if IN there EX is VBZ occasion NN , , a DT guardian NN and CC a DT statutory JJ administrator NN may MD , , subject JJ to TO the DT same JJ conditions NNS , , request VVP a DT total JJ withdrawal NN of IN the DT mortgage NN . SENT The DT total JJ or CC partial JJ cancellation NN of IN the DT mortgage NN shall MD be VB made VVN upon IN presentation NN of IN an DT instrument NN of IN withdrawal NN signed VVN by IN a DT member NN of IN the DT family NN council NN having VHG received VVN delegation NN to TO that DT effect NN , , as RB to TO the DT immovables NNS of IN a DT guardian NN , , and CC upon IN presentation NN of IN a DT judgment NN of IN the DT judge NN of IN guardianships NNS , , as RB to TO the DT immovables NNS of IN a DT statutory JJ administrator NN . SENT Art NN . SENT 2165 CD Act NP n NN 65 CD 670 CD of IN 13 CD July NP 1965 CD Judgments NNS on IN request NN of IN a DT spouse NN , , a DT guardian NN or CC a DT statutory JJ administrator NN in IN the DT cases NNS provided VVN for IN in IN the DT preceding JJ Articles NNS shall MD be VB handed VVN down RP in IN the DT forms NNS regulated VVN in IN the DT Code NP of IN Civil NP Procedure NN . SENT D SYM . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Where WRB the DT court NN orders NNS the DT reduction NN of IN a DT mortgage NN to TO certain JJ immovables NNS , , the DT registrations NNS made VVN on IN all PDT the DT others NNS shall MD be VB cancelled VVN . SENT CHAPTER NN VI NP OF IN THE DT EFFECT NN OF IN PRIOR JJ CHARGES NNS AND CC MORTGAGES NNS AGAINST IN THIRD JJ PARTIES NNS IN IN POSSESSION NN Art NN . SENT 2166 CD Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD Creditors NNS who WP have VHP a DT prior JJ charge NN or CC a DT mortgage NN registered VVN on IN an DT immovable JJ , , follow VV it PP in IN whatever WDT hands NNS it PP may MD pass VV , , in IN order NN to TO be VB marshalled VVN and CC paid VVN following VVG the DT order NN of IN their PP$ claims NNS or CC registrations NNS . SENT Art NN . SENT 2167 CD Where WRB a DT third JJ party NN in IN possession NN does VVZ not RB comply VV with IN the DT formalities NNS hereinafter RB established VVN to TO free VV his PP$ property NN , , he PP remains VVZ , , by IN the DT sole JJ effect NN of IN the DT registrations NNS , , liable JJ as IN a DT possessor NN for IN all PDT the DT mortgage NN debts NNS and CC has VHZ the DT benefit NN of IN the DT time NN limits NNS and CC periods NNS granted VVN to TO the DT original JJ debtor NN . SENT Art NN . SENT 2168 CD A NP third JJ party NN in IN possession NN is VBZ bound VVN , , in IN the DT same JJ case NN , , either CC to TO pay VV all PDT the DT interest NN and CC capital NN due JJ , , to TO whatever WDT sum NN they PP may MD amount VV , , or CC to TO relinquish VV the DT mortgaged VVN immovable JJ , , unreservedly RB . SENT Art NN . SENT 2169 CD Where WRB a DT third JJ party NN in IN possession NN fails VVZ to TO comply VV fully RB with IN one CD of IN these DT obligations NNS , , each DT mortgagee NN is VBZ entitled VVN to TO have VH the DT immovable JJ sold VVN against IN him PP , , thirty CD days NNS after IN serving VVG an DT order NN to TO pay VV on IN the DT original JJ debtor NN , , and CC demanding VVG that IN the DT third JJ party NN in IN possession NN pay VV the DT debt NN due RB or CC relinquish VV the DT property NN . SENT Art NN . SENT 2170 CD Nevertheless RB , , a DT third JJ party NN in IN possession NN who WP is VBZ not RB personally RB liable JJ for IN the DT debt NN , , may MD object VV to TO the DT sale NN of IN the DT mortgaged VVN property NN which WDT has VHZ been VBN transferred VVN to TO him PP , , where WRB other JJ immovables NNS mortgaged VVN for IN the DT same JJ debt NN have VHP remained VVN in IN the DT possession NN of IN the DT principal JJ debtor NN or CC debtors NNS , , and CC require VV their PP$ previous JJ seizure NN and CC sale NN in IN the DT manner NN regulated VVN in IN the DT Title NN Of IN Suretyship NN . SENT during IN these DT proceedings NNS , , the DT sale NN of IN the DT mortgaged VVN property NN shall MD be VB postponed VVN . SENT Art NN . SENT 2171 CD The DT defence NN of IN seizure NN and CC sale NN is VBZ not RB available JJ against IN a DT creditor NN who WP benefits VVZ by IN a DT prior JJ charge NN or CC who WP has VHZ a DT special JJ mortgage NN on IN the DT immovable JJ . SENT Art NN . SENT 2172 CD As RB to TO relinquishment NN by IN reason NN of IN a DT mortgage NN , , it PP may MD be VB done VVN by IN all DT third JJ parties NNS in IN possession NN who WP are VBP not RB personally RB liable JJ for IN the DT debt NN and CC who WP have VHP the DT capacity NN to TO transfer VV . SENT Art NN . SENT 2173 CD It PP may MD be VB done VVN even RB after IN the DT third JJ party NN in IN possession NN has VHZ acknowledged VVN the DT debt NN or CC where WRB a DT judgment NN has VHZ been VBN given VVN against IN him PP in IN that DT capacity NN only RB . SENT until IN a DT sale NN by IN auction NN , , relinquishment NN does VVZ not RB prevent VV a DT third JJ party NN in IN possession NN from IN taking VVG back RB the DT immovable JJ by IN paying VVG the DT whole JJ debt NN and CC the DT costs NNS . SENT Art NN . SENT 2174 CD Relinquishment NN by IN reason NN of IN a DT mortgage NN shall MD be VB made VVN at IN the DT clerk NN s PP office NN of IN the DT court NN of IN the DT situation NN of IN the DT property NN . SENT and CC that DT court NN shall MD record VV it PP . SENT On IN the DT petition NN of IN the DT most RBS diligent JJ party NN concerned VVN , , a DT curator NN shall MD be VB appointed VVN for IN the DT immovable JJ relinquished VVN , , against IN whom WP the DT sale NN of IN the DT immovable JJ shall MD be VB conducted VVN in IN the DT forms NNS prescribed VVN for IN forced JJ sales NNS . SENT Art NN . SENT 2175 CD Deteriorations NNS resulting VVG from IN the DT act NN or CC negligent JJ conduct NN of IN a DT third JJ party NN in IN possession NN , , to TO the DT detriment NN of IN creditors NNS benefiting VVG by IN a DT mortgage NN or CC a DT prior JJ charge NN , , give VV rise NN against IN him PP to TO an DT action NN for IN compensation NN . SENT but CC he PP recovers VVZ his PP$ upkeep NN and CC improvements NNS only RB up RB to TO the DT additional JJ value NN resulting VVG from IN the DT improvement NN . SENT Art NN . SENT 2176 CD The NP fruits NNS of IN the DT mortgaged VVN immovable JJ are VBP owed VVN by IN a DT third JJ party NN in IN possession NN only RB from IN the DT day NN of IN the DT demand NN to TO pay VV or CC relinquish VV , , and CC , , where WRB the DT proceedings NNS instituted VVN have VHP been VBN discontinued VVN for IN three CD years NNS , , from IN the DT new JJ demand NN which WDT will MD be VB made VVN . SENT Art NN . SENT 2177 CD Servitudes NNS and CC rights NNS in IN rem NP which WDT the DT third JJ party NN in IN possession NN had VHD on IN the DT immovable JJ before IN his PP$ possession NN , , are VBP revived VVN after IN the DT relinquishment NN or CC after IN the DT sale NN by IN auction NN made VVN against IN him PP . SENT His PP$ personal JJ creditors NNS , , after IN all PDT those DT who WP are VBP registered VVN on IN the DT previous JJ owners NNS , , shall MD enforce VV their PP$ mortgage NN on IN the DT property NN relinquished VVN or CC auctioned VVN , , according VVG to TO their PP$ rank NN . SENT Art NN . SENT 2178 CD A NP third JJ party NN in IN possession NN who WP has VHZ paid VVN the DT mortgage NN debt NN , , or CC relinquished VVD the DT immovable JJ , , or CC suffered VVD the DT forced VVN sale NN of IN that DT immovable JJ has VHZ a DT remedy NN for IN warranty NN , , as RB allowed VVN by IN law NN , , against IN the DT principal JJ debtor NN . SENT Art NN . SENT 2179 CD A NP third JJ party NN in IN possession NN who WP wishes VVZ to TO redeem VV his PP$ property NN by IN paying VVG the DT price NN must MD comply VV with IN the DT formalities NNS which WDT are VBP established VVN in IN Chapter NP VIII NP of IN this DT Title NN . SENT CHAPTER NN VII NP OF IN THE DT EXTINGUISHMENT NN OF IN PRIOR JJ CHARGES NNS AND CC MORTGAGES NNS Art NN . SENT 2180 CD Prior RB charges NNS and CC mortgages NNS are VBP extinguished VVN . SENT 1 CD By IN extinguishment NN of IN the DT principal JJ obligation NN . SENT 2 CD By IN the DT creditor NN s PP renunciation NN of IN the DT mortgage NN . SENT 3 CD By IN the DT fulfilment NN of IN the DT formalities NNS and CC conditions NNS prescribed VVN to TO third JJ parties NNS in IN possession NN to TO redeem VV the DT property NN which WDT they PP have VHP acquired VVN . SENT 4 CD By IN prescription NN . SENT Prescription NN is VBZ acquired VVN to TO a DT debtor NN , , as RB to TO the DT property NN which WDT is VBZ in IN his PP$ hands NNS , , by IN the DT time NN prescribed VVN by IN the DT statute NN of IN limitations NNS in IN respect NN of IN the DT actions NNS which WDT give VVP a DT mortgage NN or CC a DT prior JJ charge NN . SENT Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD As RB to TO the DT property NN which WDT is VBZ in IN the DT hands NNS of IN a DT third JJ party NN in IN possession NN , , it PP is VBZ acquired VVN by IN him PP by IN the DT time NN regulated VVN for IN prescription NN of IN ownership NN for IN his PP$ benefit NN . SENT in IN the DT case NN where WRB prescription NN depends VVZ upon IN a DT title NN , , it PP begins VVZ to TO run VV only RB from IN the DT day NN when WRB that DT title NN has VHZ been VBN recorded VVN in IN the DT land NN registry NN of IN the DT situation NN of IN the DT immovables NNS . SENT Registrations NNS made VVN by IN a DT creditor NN do VVP not RB interrupt VV the DT running NN of IN the DT prescription NN established VVN by IN law NN in IN favour NN of IN the DT debtor NN or CC of IN the DT third JJ party NN in IN possession NN . SENT CHAPTER NN VIII NP OF IN THE DT MODE NN OF IN REDEEMING JJ PROPERTY NN FROM IN PRIOR JJ CHARGES NNS AND CC MORTGAGES NNS Art NN . SENT 2181 CD Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD Contracts NNS which WDT transfer VV the DT ownership NN of IN immovables NNS or CC immovable JJ rights NNS in IN rem NP which WDT third JJ parties NNS in IN possession NN wish VVP to TO redeem VV from IN prior JJ charges NNS and CC mortgages NNS shall MD be VB recorded VVN in IN the DT land NN registry NN of IN the DT situation NN of IN the DT property NN , , in IN accordance NN with IN the DT statutes NNS and CC regulations NNS relating VVG to TO land VV registration NN . SENT Art NN . SENT 2182 CD Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 RB The DT mere JJ recording NN in IN the DT land NN registry NN of IN the DT conveyances NNS does VVZ not RB redeem VV an DT immovable JJ from IN mortgages NNS and CC prior JJ charges NNS which WDT burden NN it PP . SENT A DT seller NN conveys VVZ to TO a DT purchaser NN only RB the DT ownership NN and CC the DT rights VVZ he PP himself PP had VHD on IN the DT thing NN sold VVD . SENT he PP conveys VVZ them PP subject JJ to TO the DT same JJ prior JJ charges NNS and CC mortgages NNS of IN which WDT the DT thing NN sold VVN was VBD burdened VVN . SENT Art NN . SENT 2183 CD Ord NP . SENT n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD Where WRB a DT new JJ owner NN wishes VVZ to TO protect VV himself PP against IN the DT effect NN of IN the DT proceedings NNS authorized VVN in IN Chapter NP VI NP of IN this DT Title NN , , he PP is VBZ bound VVN , , either CC before IN the DT proceedings NNS , , or CC within IN one CD month NN , , at IN the DT latest JJS , , after IN the DT first JJ demand NN which WDT is VBZ made VVN to TO him PP , , to TO serve VV on IN the DT creditors NNS , , at IN the DT domiciles NNS they PP have VHP elected VVN in IN their PP$ registrations NNS , , notice NN of IN . SENT 1 LS An DT extract NN of IN his PP$ title NN , , containing VVG only RB the DT date NN and CC character NN of IN the DT instrument NN , , the DT name NN and CC precise JJ designation NN of IN the DT seller NN , , or CC of IN the DT donor NN , , the DT nature NN and CC situation NN of IN the DT thing NN sold VVN or CC donated VVN . SENT and CC where WRB a DT set NN of IN items NNS of IN property NN is VBZ concerned VVN , , only RB the DT general JJ designation NN of IN the DT domain NN and CC of IN the DT arrondissements NNS in IN which WDT it PP is VBZ situated VVN , , the DT price NN and CC the DT costs NNS forming VVG part NN of IN the DT sale NN price NN , , or CC the DT appraisal NN of IN the DT thing NN where WRB it PP has VHZ been VBN donated VVN . SENT 2 LS An DT extract NN of IN the DT recording NN of IN the DT instrument NN of IN sale NN . SENT 3 LS A DT table NN in IN three CD columns NNS , , of IN which WDT the DT first JJ shall MD contain VV the DT dates NNS of IN the DT mortgages NNS and CC those DT of IN the DT registrations NNS . SENT the DT second JJ , , the DT names NNS of IN the DT creditors NNS . SENT the DT third JJ , , the DT amount NN of IN the DT claims NNS registered VVD . SENT Art NN . SENT 2184 CD The DT purchaser NN or CC the DT donee NN shall MD declare VV , , in IN the DT same JJ instrument NN , , that WDT he PP is VBZ ready JJ to TO pay VV , , forthwith RB , , the DT mortgage NN debts NNS and CC charges NNS , , only RB up RB to TO the DT amount NN of IN the DT price NN , , without IN distinction NN between IN debts NNS due JJ or CC not RB due JJ . SENT Art NN . SENT 2185 CD Where WRB the DT new JJ owner NN has VHZ served VVN that DT notice NN within IN the DT fixed JJ period NN , , any DT creditor NN whose WP$ title NN has VHZ been VBN registered VVN , , may MD require VV the DT sale NN of IN the DT immovable JJ by IN public JJ auction NN , , provided VVD . SENT 1 CD That IN the DT request NN is VBZ served VVN on IN the DT new JJ owner NN within IN forty NN days NNS , , at IN the DT latest JJS , , of IN the DT notice NN served VVN at IN his PP$ request NN , , adding VVG two CD days NNS per IN five CD myriametres NNS of IN distance NN between IN the DT elected VVN domicile NN and CC the DT real JJ domicile NN of IN each DT requiring VVG creditor NN . SENT 2 CD That IN it PP contains VVZ undertaking VVG of IN the DT requesting VVG party NN to TO raise VV the DT price NN , , or CC to TO have VH it PP raised VVN , , to TO one CD tenth NN above IN the DT one NN stipulated VVD in IN the DT contract NN , , or CC declared VVD by IN the DT new JJ owner NN . SENT 3 CD That IN the DT same JJ notice NN is VBZ served VVN within IN the DT same JJ period NN on IN the DT previous JJ owner NN , , principal JJ debtor NN . SENT 4 CD That IN the DT original JJ and CC the DT copies NNS of IN these DT notices NNS are VBP signed VVN by IN the DT requiring VVG creditor NN , , or CC by IN his PP$ agent NN with IN express JJ authority NN , , who WP , , in IN that DT case NN , , is VBZ obliged VVN to TO give VV a DT copy NN of IN his PP$ power NN of IN attorney NN . SENT 5 CD That IN he PP offers VVZ to TO give VV security NN up RP to TO the DT amount NN of IN the DT price NN and CC charges NNS . SENT All DT of IN which WDT , , on IN pain NN of IN annulment NN . SENT Art NN . SENT 2186 CD Where WRB the DT creditors NNS have VHP failed VVN to TO require VV a DT sale NN by IN auction NN within IN the DT period NN and CC in IN the DT manner NN prescribed VVN , , the DT value NN of IN the DT immovable JJ remains VVZ definitely RB fixed VVN at IN the DT price NN stipulated VVD in IN the DT contract NN , , or CC declared VVD by IN the DT new JJ owner NN , , who WP is VBZ in IN consequence NN discharged VVN from IN all DT prior JJ charge NN and CC mortgage NN , , by IN paying VVG the DT said VVN price NN to TO the DT creditors NNS who WP are VBP allowed VVN to TO receive VV it PP according VVG to TO their PP$ rank NN , , or CC by IN depositing VVG it PP . SENT Art NN . SENT 2187 CD In IN case NN of IN a DT resale NN by IN auction NN , , it PP shall MD take VV place NN by IN complying VVG with IN the DT forms NNS established VVN for IN forced JJ sales NNS , , at IN the DT suit NN either CC of IN the DT creditor NN who WP has VHZ required VVN it PP , , or CC of IN the DT new JJ owner NN . SENT The DT party NN seeking VVG execution NN shall MD state VV in IN the DT placards VVZ the DT price NN stipulated VVD in IN the DT contract NN , , or CC declared VVD , , and CC the DT additional JJ sum NN to TO which WDT the DT creditor NN has VHZ obliged VVN himself PP to TO raise VV it PP or CC to TO have VH it PP raised VVN . SENT Art NN . SENT 2188 CD Ord JJ n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 RB The DT highest JJS bidder NN is VBZ obliged VVN , , beyond IN the DT auction NN price NN , , to TO return VV to TO the DT dispossessed VVN purchaser NN or CC donee NN the DT expenses NNS and CC proper JJ costs NNS of IN his PP$ contract NN , , those DT of IN the DT registration NN at IN the DT land NN registry NN , , those DT of IN the DT notices NNS and CC those DT incurred VVN by IN him PP to TO have VH the DT resale NN made VVD . SENT Art NN . SENT 2189 CD Ord JJ n NN 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD A NP purchaser NN or CC donee NN who WP retains VVZ the DT immovable JJ put NN up RB for IN auction NN , , by IN becoming VVG the DT highest JJS bidder NN , , is VBZ not RB obliged VVN to TO have VH the DT judgment NN enforcing VVG the DT auction NN registered VVD . SENT Art NN . SENT 2190 CD The DT withdrawal NN of IN the DT creditor NN who WP has VHZ required VVN a DT sale NN by IN auction NN may MD not RB prevent VV the DT public JJ auction NN , , even RB where WRB the DT creditor NN pays VVZ the DT amount NN of IN the DT bid NN , , unless IN all PDT the DT other JJ mortgagees NNS expressly RB agree VVP thereto RB . SENT Art NN . SENT 2191 CD A NP purchaser NN who WP has VHZ become VVN the DT final JJ bidder NN has VHZ his PP$ remedy NN such JJ as IN allowed VVN by IN law NN against IN the DT seller NN , , for IN the DT repayment NN of IN what WP exceeds VVZ the DT price NN stipulated VVD by IN his PP$ title NN , , and CC for IN the DT interest NN of IN that DT excess NN , , from IN the DT day NN of IN each DT payment NN . SENT Art NN . SENT 2192 CD In IN the DT case NN where WRB the DT title NN of IN the DT new JJ owner NN includes VVZ immovables NNS and CC movables NNS , , or CC several JJ immovables NNS , , some DT mortgaged VVN and CC some RB not RB , , situated VVN in IN the DT same JJ or CC in IN several JJ arrondissements NNS of IN registries NNS , , transferred VVN for IN one CD and CC the DT same JJ price NN , , or CC for IN distinct JJ or CC separate JJ prices NNS , , forming VVG part NN or CC not RB of IN the DT same JJ business NN , , the DT price NN of IN each DT immovable JJ subject NN to TO particular JJ and CC separate JJ registrations NNS , , shall MD be VB declared VVN in IN the DT notice NN of IN the DT new JJ owner NN , , by IN itemizing VVG the DT total JJ price NN expressed VVN in IN the DT title NN , , if IN there EX is VBZ occasion NN . SENT A DT creditor NN who WP outbids VVZ may MD in IN no DT case NN be VB compelled VVN to TO extend VV his PP$ bid NN either CC over IN the DT movables NNS , , or CC over IN immovables NNS other JJ than IN those DT which WDT are VBP mortgaged VVN for IN his PP$ claim NN and CC situated VVN in IN the DT same JJ arrondissement NN . SENT but CC the DT new JJ owner NN has VHZ a DT remedy NN against IN his PP$ predecessors NNS in IN title NN for IN compensation NN for IN the DT loss NN which WDT he PP may MD suffer VV , , either CC from IN the DT division NN of IN the DT objects NNS of IN his PP$ purchase NN , , or CC from IN that DT of IN the DT business NN . SENT CHAPTER NN IX NP Art NP . SENT 2193 CD to TO 2195 CD repealed VVN by IN implication NN CHAPTER NN X NN OF IN THE DT PUBLIC JJ INSPECTION NN OF IN REGISTERS NNS AND CC OF IN THE DT RESPONSIBILITY NN OF IN REGISTRARS NNS Art NN . SENT 2196 CD D NP . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD Land NP registrars NNS are VBP obliged VVN to TO deliver VV to TO all PDT those DT who WP so RB require VVP a DT copy NN or CC extract VV of IN the DT documents NNS , , other JJ than IN the DT schedules NNS of IN registration NN , , filed VVN at IN their PP$ registry NN within IN the DT limit NN of IN fifty CD years NNS preceding VVG that IN of IN the DT demand NN , , and CC a DT copy NN or CC extract VV of IN the DT subsisting VVG registrations NNS , , or CC a DT certificate NN to TO the DT effect NN that WDT there RB exists VVZ no DT document NN or CC registration NN coming VVG within IN the DT scope NN of IN the DT request NN Ord JJ . SENT n NN 67 CD 839 CD of IN 28 CD Sept NP . SENT 1967 CD . SENT They PP are VBP also RB obliged VVN to TO deliver VV upon IN demand NN , , within IN a DT period NN of IN ten CD days NNS , , copies NNS of IN or CC extracts VVZ from IN the DT land NN register NN or CC a DT certificate NN to TO the DT effect NN that WDT there RB exists VVZ no DT entry NN coming VVG within IN the DT scope NN of IN the DT request NN Ord JJ . SENT n NN 67 CD 839 CD of IN 28 CD Sept NP . SENT 1967 CD . SENT Art NN . SENT 2197 CD D NP . SENT n NN 59 CD 89 CD of IN 7 CD Jan NP . SENT 1959 CD They PP are VBP responsible JJ for IN the DT loss NN resulting VVG . SENT 1 CD From IN failure NN to TO record VV instruments NNS and CC judicial JJ decisions NNS filed VVN at IN their PP$ registries NNS , , and CC required JJ registrations NNS , , any DT time NN that IN failure NN to TO record NN does VVZ not RB result VV from IN a DT decision NN of IN refusal NN or CC of IN rejection NN . SENT 2 CD From IN the DT omission NN , , in IN the DT certificates NNS which WDT they PP deliver VVP , , of IN one CD or CC several JJ of IN the DT existing JJ registrations NNS , , unless IN , , in IN this DT latter JJ case NN , , the DT error NN comes VVZ from IN insufficient JJ or CC inaccurate JJ designations NNS which WDT may MD not RB be VB ascribed VVN to TO them PP . SENT Art NN . SENT 2198 CD Ord NP . SENT n NN 67 CD 839 CD of IN 28 CD Sept NP . SENT 1967 CD Where WRB a DT registrar NN , , delivering VVG a DT certificate NN to TO the DT new JJ holder NN of IN a DT right NN referred VVD to TO in IN Article NP 2181 CD , , omits VVZ a DT registration NN of IN a DT prior JJ charge NN or CC mortgage NN , , the DT right NN remains VVZ in IN the DT hands NNS of IN the DT new JJ holder NN free JJ from IN the DT undisclosed JJ prior JJ charge NN or CC mortgage NN , , provided VVD the DT delivery NN of IN the DT certificate NN has VHZ been VBN required VVN by IN the DT party NN concerned VVN as IN a DT consequence NN of IN the DT recording NN of IN his PP$ title NN . SENT Without IN prejudice NN to TO his PP$ possible JJ remedy NN against IN the DT registrar NN , , the DT creditor NN who WP benefits VVZ by IN the DT omitted VVN registration NN does VVZ not RB lose VV the DT right NN to TO avail VV himself PP of IN the DT rank NN which WDT that DT registration NN confers VVZ on IN him PP so RB long RB as IN the DT price NN has VHZ not RB been VBN paid VVN by IN the DT purchaser NN or CC as IN intervention NN in IN the DT ranking NN initiated VVN between IN the DT other JJ creditors NNS is VBZ permitted VVN . SENT Art NN . SENT 2199 CD D NP . SENT n NN 59 CD 89 CD of IN 7 CD Jan NP . SENT 1959 CD Except IN in IN the DT cases NNS where WRB they PP are VBP entitled VVN to TO refuse VV a DT filing NN or CC to TO reject VV a DT formality NN , , in IN accordance NN with IN the DT provisions NNS of IN statutes NNS and CC regulations NNS relating VVG to TO land VV registration NN , , registrars NNS may MD not RB refuse VV or CC delay VV the DT fulfilment NN of IN a DT formality NN or CC the DT delivery NN of IN documents NNS duly RB required VVN , , on IN pain NN of IN damages NNS to TO the DT parties NNS . SENT for IN that DT purpose NN , , memoranda NNS of IN refusals NNS or CC delays NNS shall MD be VB , , at IN the DT suit NN of IN the DT requiring VVG party NN , , forthwith RB drawn VVN up RP , , either CC by IN a DT judge NN of IN the DT tribunal NN d SYM instance NN , , or CC by IN a DT court NN usher NN of IN the DT court NN , , or CC by IN another DT bailiff NN or CC a DT notaire NN with IN the DT assistance NN of IN two CD witnesses NNS . SENT Art NN . SENT 2200 CD D NP . SENT n NN 59 CD 89 CD of IN 7 CD Jan NP . SENT 1959 CD Registrars NNS are VBP obliged VVN to TO have VH a DT register NN in IN which WDT they PP shall MD enter VV , , day NN by IN day NN and CC in IN numerical JJ order NN , , the DT filings NNS made VVD with IN them PP of IN instruments NNS , , judicial JJ decisions NNS , , schedules NNS and CC , , generally RB , , of IN documents NNS filed VVN for IN the DT purpose NN of IN the DT execution NN of IN a DT formality NN of IN registration NN . SENT They PP may MD fulfil VV the DT formalities NNS only RB at IN the DT date NN and CC in IN the DT order NN of IN the DT filings NNS made VVD with IN them PP . SENT D SYM . SENT n NN 60 CD 4 CD of IN 6 CD Jan NP . SENT 1960 CD Each DT year NN a DT duplicating VVG of IN the DT registers NNS closed VVD during IN the DT preceding JJ year NN shall MD be VB deposited VVN without IN cost NN at IN the DT clerk NN s PP office NN of IN a DT tribunal NN de FW grande JJ instance NN or CC of IN a DT tribunal NN d SYM instance NN situated VVN in IN an DT arrondissement NN different JJ from IN the DT one NN where WRB the DT registrar NN resides VVZ . SENT D SYM . SENT n NN 55 CD 22 CD of IN 4 CD Jan NP . SENT 1955 CD The DT court NN in IN whose WP$ clerk NN s PP office NN the DT duplicating VVG will MD be VB deposited VVN shall MD be VB designated VVN by IN an DT order NN of IN the DT Minister NP of IN Justice NP . SENT A DT decree NN shall MD determine VV the DT details NNS of IN application NN of IN this DT Article NP and CC , , in IN particular JJ , , the DT technical JJ processes NNS which WDT may MD be VB used VVN for IN the DT making NN of IN the DT duplicating VVG to TO be VB deposited VVN at IN the DT clerk NN s PP office NN . SENT Art NN . SENT 2201 CD D NP . SENT n NN 59 CD 89 CD of IN 7 CD Jan NP . SENT 1959 CD A NP register NN kept VVD in IN compliance NN with IN the DT preceding JJ Article NN shall MD be VB numbered VVN and CC initialled VVN upon IN each DT page NN , , by IN first JJ and CC last JJ , , by IN the DT juge NP d SYM instance NN in IN whose WP$ territory NN the DT registry NN is VBZ established VVN . SENT It PP shall MD be VB closed VVN every DT day NN . SENT Act NP n NN 98 CD 261 CD of IN 6 CD April NP 1998 CD Notwithstanding IN the DT preceding JJ paragraph NN , , a DT written JJ data NN processing NN document NN may MD take VV the DT place NN of IN a DT register NN . SENT in IN that DT case NN , , it PP must MD be VB identified VVN , , numbered VVN and CC dated VVN as RB soon RB as IN it PP is VBZ established VVN by IN wholly RB trustworthy JJ forms NNS of IN proof NN . SENT Art NN . SENT 2202 CD Act NP n NN 46 CD 2154 CD of IN 7 CD Oct NP . SENT 1946 CD In IN performing VVG their PP$ duties NNS , , registrars NNS are VBP obliged VVN to TO comply VV with IN all PDT the DT provisions NNS of IN this DT Chapter NN , , on IN pain NN of IN a DT fine NN from IN 200 CD to TO 2 CD 000 CD francs NNS 30 CD to TO 300 CD Act NP n NN 56 CD 780 CD of IN 4 CD Aug NN . SENT 1956 CD for IN the DT first JJ infringement NN , , and CC of IN dismissal NN for IN the DT second NN . SENT without IN prejudice NN to TO damages NNS to TO the DT parties NNS , , which WDT shall MD be VB paid VVN before IN the DT fine NN . SENT Art NN . SENT 2203 CD Ord NP . SENT N NP 59 CD 71 CD of IN 7 CD Jan NP . SENT 1959 CD The NP mentions VVZ of IN the DT filings NNS shall MD be VB made VVN on IN the DT register NN whose WP$ keeping VVG is VBZ prescribed VVN by IN Article NP 2200 CD , , following VVG each DT other JJ , , without IN any DT blank JJ or CC interlineations NNS , , on IN pain NN , , against IN the DT registrar NN , , of IN a DT fine NN of IN 400 CD to TO 4 CD 000 CD francs NNS 60 CD to TO 600 CD , , and CC of IN damages NNS to TO the DT parties NNS , , also RB payable JJ by IN priority NN over IN the DT fine NN . SENT Art NN . SENT 2203 CD 1 CD Act NP n NN 98 CD 261 CD of IN 6 CD April NP 1998 CD In IN the DT land NN registries NNS whose WP$ register NN is VBZ kept VVN in IN accordance NN with IN the DT provisions NNS of IN Article NP 2201 CD , , paragraph NN 2 CD , , there EX shall MD be VB delivered VVN a DT certificate NN of IN the DT formalities NNS accepted VVN for IN filing VVG and CC awaiting VVG recording NN in IN the DT land NN register NN on IN the DT immovables NNS individually RB designated VVN in IN the DT request NN for IN information NN . SENT A DT decree NN in IN Conseil NP d SYM tat NN shall MD specify VV the DT contents NNS of IN that DT certificate NN . SENT TITLE NN XIX NP OF IN FORCED JJ SALES NNS AND CC OF IN RANKING VVG AMONG IN CREDITORS NNS CHAPTER NN I NN OF IN FORCED JJ SALES NP Art NP . SENT 2204 CD A NP creditor NN may MD sue VV for IN a DT forced VVN sale NN . SENT 1 CD of IN immovable JJ property NN and CC of IN its PP$ accessories NNS deemed VVN to TO be VB immovables NNS belonging VVG in IN ownership NN to TO his PP$ debtor NN . SENT 2 CD of IN a DT usufruct NN belonging VVG to TO his PP$ debtor NN on IN property NN of IN the DT same JJ nature NN . SENT Art NN . SENT 2204 CD 1 CD Act NP n NN 72 CD 626 CD of IN 5 CD July NP 1972 CD The NP proceedings NNS and CC forced VVN sale NN produce VV towards IN the DT parties NNS and CC third JJ parties NNS the DT effects NNS determined VVN by IN the DT Code NP of IN Civil NP Procedure NN . SENT Art NN . SENT 2205 CD repealed VVN Art NN . SENT 2206 CD The NP immovables NNS of IN a DT minor JJ , , even RB emancipated VVN , , or CC of IN an DT adult NN in IN guardianship NN may MD not RB be VB put VVN up RP for IN sale NN before IN seizure NN and CC sale NN of IN the DT movables NNS . SENT Art NN . SENT 2207 CD Seizure NN and CC sale NN of IN the DT movables NNS are VBP not RB required VVN before IN a DT forced VVN sale NN of IN the DT immovables NNS possessed VVN in IN undivided JJ ownership NN by IN an DT adult NN and CC a DT minor JJ or CC an DT adult NN in IN guardianship NN , , where WRB the DT debt NN is VBZ common JJ to TO them PP , , or CC where WRB proceedings NNS have VHP been VBN initiated VVN against IN an DT adult NN or CC before IN the DT guardianship NN of IN adults NNS . SENT Art NN . SENT 2208 CD repealed VVN Art NN . SENT 2209 CD A NP creditor NN may MD enforce VV the DT sale NN of IN the DT immovables NNS which WDT are VBP not RB mortgaged VVN to TO him PP , , only RB in IN the DT case NN of IN insufficiency NN of IN the DT property NN mortgaged VVN to TO him PP . SENT Art NN . SENT 2210 CD A NP forced JJ sale NN of IN items NNS of IN property NN situated VVN in IN different JJ arrondissements NNS may MD only RB be VB instigated VVD successively RB , , unless IN they PP are VBP part NN of IN a DT same JJ business NN . SENT It PP shall MD take VV place NN in IN the DT court NN in IN whose WP$ territory NN the DT main JJ place NN of IN the DT business NN is VBZ , , or CC failing VVG a DT main JJ place NN , , the DT part NN of IN the DT property NN which WDT brings VVZ in IN the DT greatest JJS income NN , , according VVG to TO the DT assessment NN roll NN . SENT Art NN . SENT 2211 CD Where WRB the DT items NNS of IN property NN mortgaged VVN to TO the DT creditor NN and CC those DT not RB mortgaged VVN , , or CC those DT situated VVN in IN different JJ arrondissements NNS , , form NN part NN of IN one CD and CC the DT same JJ business NN , , the DT sale NN of IN the DT whole NN shall MD be VB enforced VVN at IN the DT same JJ time NN , , if IN the DT debtor NN so RB requires VVZ . SENT and CC the DT proceeds NNS of IN the DT auction NN shall MD be VB itemized VVN , , if IN there EX is VBZ occasion NN . SENT Art NN . SENT 2212 CD Where WRB a DT debtor NN proves VVZ , , by IN authentic JJ leases NNS , , that IN the DT net JJ and CC free JJ income NN of IN his PP$ immovables NNS for IN a DT year NN , , is VBZ sufficient JJ for IN payment NN of IN the DT debt NN in IN capital NN , , interest NN and CC costs NNS , , and CC where WRB he PP offers VVZ the DT assignment NN thereof RB to TO the DT creditor NN , , the DT proceedings NNS may MD be VB suspended VVN by IN the DT judges NNS , , subject JJ to TO their PP$ being NN resumed VVD if IN there EX occurs VVZ some DT attachment NN or CC obstacle NN to TO the DT payment NN . SENT Art NN . SENT 2213 CD A NP forced JJ sale NN of IN immovables NNS may MD be VB enforced VVN only RB under IN a DT judgment NN or CC an DT authentic JJ instrument NN , , for IN a DT certain JJ and CC liquid JJ debt NN . SENT Where WRB the DT debt NN is VBZ for IN a DT ready JJ money NN , , not RB liquidated VVN , , the DT proceedings NNS are VBP valid JJ . SENT but CC the DT auction NN may MD be VB held VVN only RB after IN the DT liquidation NN . SENT Art NN . SENT 2214 CD The DT assignee NN of IN a DT judgment NN or CC of IN an DT authentic JJ instrument NN may MD sue VV for IN a DT forced VVN sale NN only RB after IN notice NN of IN the DT assignment NN has VHZ been VBN served VVN on IN the DT debtor NN . SENT Art NN . SENT 2215 CD The NP proceedings NNS may MD take VV place NN under IN a DT provisional JJ or CC final JJ judgment NN , , provisorily RB enforceable JJ , , notwithstanding IN an DT appeal NN . SENT but CC an DT auction NN may MD be VB made VVN only RB after IN a DT final JJ judgment NN , , without IN possibility NN of IN appeal NN , , or CC become VV res NN judicata NNS . SENT The DT proceedings NNS may MD not RB be VB instituted VVN under IN default NN judgments NNS during IN the DT period NN for IN application NN to TO set VV the DT judgment NN aside RB . SENT Art NN . SENT 2216 CD Proceedings NNS may MD not RB be VB annulled VVN on IN the DT pretext NN that IN the DT creditor NN has VHZ instituted VVN them PP for IN a DT larger JJR sum NN than IN what WP is VBZ owed VVN to TO him PP . SENT Art NN . SENT 2217 RB Any DT proceedings NNS for IN forced VVN sale NN must MD be VB preceded VVN by IN an DT order NN to TO pay VV served VVN , , at IN the DT suit NN and CC request NN of IN the DT creditor NN , , on IN the DT person NN of IN the DT debtor NN or CC at IN his PP$ domicile NN , , through IN a DT bailiff NN . SENT For IN purpose NN of IN their PP$ being VBG recorded VVN , , the DT orders NNS to TO pay VV bearing NN on IN shares NNS depending VVG on IN an DT immovable JJ subject NN to TO the DT status NN of IN co NP ownership NN shall MD be VB deemed VVN not RB to TO bear VV on IN the DT portion NN of IN common JJ parts NNS which WDT is VBZ included VVN in IN those DT shares NNS . SENT Nevertheless RB , , the DT seizing VVG creditors NNS shall MD enforce VV their PP$ rights NNS on IN the DT said VVN portion NN , , taken VVN in IN its PP$ consistence NN at IN the DT time NN of IN the DT transfer NN whose WP$ proceeds NNS are VBP the DT subject JJ matter NN of IN the DT division NN Act NP n NN 79 CD 2 CD of IN 2 CD Jan NP . SENT 1979 CD . SENT The DT forms NNS of IN the DT order NN to TO pay VV and CC those DT of IN the DT proceedings NNS for IN a DT forced VVN sale NN are VBP regulated VVN by IN the DT laws NNS relating VVG to TO procedure NN . SENT CHAPTER NN II NP OF IN THE DT RANKING NN OF IN CREDITORS NNS AND CC THE DT DIVISION NN OF IN THE DT PROCEEDS NNS BETWEEN IN THEM PP Art NN . SENT 2218 CD The DT ranking NN of IN the DT creditors NNS and CC the DT division NN of IN the DT proceeds NNS of IN the DT immovables NNS and CC the DT manner NN of IN proceeding VVG thereto RB are VBP regulated VVN by IN the DT laws NNS on IN procedure NN . SENT TITLE NN XX NP OF IN PRESCRIPTION NN AND CC OF IN POSSESSION NN CHAPTER NN I NP GENERAL NP PROVISIONS NNS Art NN . SENT 2219 CD Prescription NN is VBZ a DT manner NN of IN acquiring VVG or CC of IN discharging VVG oneself PP at IN the DT end NN of IN a DT certain JJ time NN and CC subject JJ to TO the DT conditions NNS determined VVN by IN law NN . SENT Art NN . SENT 2220 CD Prescription NN may MD not RB be VB renounced VVD beforehand RB . SENT a DT prescription NN which WDT has VHZ accrued VVN may MD be VB renounced VVD . SENT Art NN . SENT 2221 CD A DT renunciation NN of IN prescription NN is VBZ express JJ or CC implied JJ . SENT implied JJ renunciation NN results NNS from IN an DT act NN which WDT implies VVZ waiver NN of IN the DT right NN acquired VVD . SENT Art NN . SENT 2222 CD A NP person NN who WP has VHZ not RB the DT power NN of IN alienation NN does VVZ not RB have VH the DT power NN of IN renunciation NN of IN a DT prescription NN which WDT has VHZ accrued VVN . SENT . SENT Art NN . SENT 2223 CD Judges NNS may MD not RB supply VV of IN their PP$ own JJ motion NN a DT plea NN of IN prescription NN . SENT Art NN . SENT 2224 CD Prescription NN may MD be VB set VVN up RP at IN all DT stages NNS of IN a DT case NN , , even RB before IN a DT court NN of IN appeal NN , , unless IN the DT party NN who WP had VHD not RB set VVN up RP the DT plea NN of IN prescription NN should MD be VB presumed VVN , , by IN reason NN of IN the DT circumstances NNS , , to TO have VH renounced VVD it PP . SENT Art NN . SENT 2225 CD Creditors NNS , , or CC any DT other JJ person NN having VHG an DT interest NN in IN the DT prescription's NNS being VBG accrued VVN , , may MD set VV it PP up RP , , although IN the DT debtor NN or CC owner NN renounces VVZ it PP . SENT Art NN . SENT 2226 CD One CD may MD not RB prescribe VV the DT ownership NN of IN things NNS which WDT may MD not RB be VB the DT subject JJ matter NN of IN legal JJ transactions NNS between IN private JJ individuals NNS . SENT Art NN . SENT 2227 CD The NP State NP , , public JJ institutions NNS and CC communes NNS are VBP subject JJ to TO the DT same JJ prescriptions NNS as IN private JJ individuals NNS , , and CC may MD likewise RB set VV them PP up RP . SENT CHAPTER NN II NP OF IN POSSESSION NN Art NN . SENT 2228 CD Possession NN is VBZ the DT detention NN or CC enjoyment NN of IN a DT thing NN or CC of IN a DT right NN which WDT we PP hold VVP or CC exercise VVP by IN ourselves PP , , or CC by IN another DT who WP holds VVZ and CC exercises VVZ it PP in IN our PP$ name NN . SENT Art NN . SENT 2229 CD In IN order NN to TO be VB allowed VVN to TO prescribe VV , , one PP must MD have VH a DT continuous JJ and CC uninterrupted JJ , , peaceful JJ , , public JJ and CC unequivocal JJ possession NN , , and CC in IN the DT capacity NN of IN an DT owner NN . SENT Art NN . SENT 2230 CD One CD is VBZ always RB presumed VVN to TO possess VV for IN oneself PP , , and CC in IN the DT capacity NN of IN an DT owner NN , , where WRB it PP is VBZ not RB proved VVN that IN one CD has VHZ begun VVN by IN possessing VVG for IN another DT . SENT Art NN . SENT 2231 CD Where WRB one PP has VHZ begun VVN by IN possessing VVG for IN another DT , , one PP is VBZ always RB presumed VVN to TO possess VV in IN the DT same JJ capacity NN , , unless IN there EX is VBZ proof NN to TO the DT contrary NN . SENT Art NN . SENT 2232 CD Acts NNS which WDT are VBP merely RB allowed VVN or CC simply RB tolerated VVN may MD not RB give VV rise NN to TO possession NN or CC prescription NN . SENT Art NN . SENT 2233 CD Acts NNS of IN duress NN may MD not RB give VV rise NN to TO a DT possession NN capable JJ of IN bringing VVG about IN prescription NN either RB . SENT Possession NN begins VVZ to TO produce VV effects NNS only RB from IN the DT time NN the DT duress NN has VHZ ceased VVN . SENT Art NN . SENT 2234 CD A NP present JJ possessor NN who WP proves VVZ that IN he PP has VHZ formerly RB possessed VVN , , is VBZ presumed VVN to TO have VH possessed VVN during IN the DT intervening VVG time NN , , unless IN there EX is VBZ proof NN to TO the DT contrary NN . SENT Art NN . SENT 2235 CD To TO complete VV a DT prescription NN , , one PP may MD join VV to TO one's JJ possession NN that IN of IN one's JJ predecessor NN , , in IN whatever WDT manner NN one PP may MD have VH succeeded VVN to TO him PP , , whether IN by IN virtue NN of IN a DT universal JJ or CC specific JJ title NN , , or CC for IN value NN or CC gratuitously RB . SENT CHAPTER NN III NP OF IN THE DT CAUSES NNS WHICH WDT PREVENT VVP PRESCRIPTION NN Art NN . SENT 2236 RB Those DT who WP possess VVP for IN another DT never RB acquire VV ownership NN by IN prescription NN , , whatever WDT the DT time NN elapsed VVN may MD be VB . SENT Thus RB a DT farm NN tenant NN , , a DT depositary NN , , a DT usufructuary NN , , and CC all PDT those DT who WP precariously RB hold VVP the DT thing NN of IN an DT owner NN , , may MD not RB prescribe VV it PP . SENT Art NN . SENT 2237 CD The NP heirs NNS of IN those DT who WP held VVD the DT thing NN on IN any DT of IN the DT bases NNS designated VVN in IN the DT preceding JJ Article NN , , may MD not RB prescribe VV either RB . SENT Art NN . SENT 2238 CD . SENT Nevertheless RB , , the DT persons NNS mentioned VVN in IN Articles NNS 2236 CD and CC 2237 CD may MD prescribe VV where WRB the DT basis NN of IN their PP$ possession NN is VBZ reversed VVN , , either CC owing VVG to TO a DT cause NN arising VVG from IN a DT third JJ party NN , , or CC by IN an DT adverse JJ claim NN they PP have VHP raised VVN against IN the DT right NN of IN the DT owner NN . SENT Art NN . SENT 2239 CD Those DT to TO whom WP farm NN tenants NNS , , depositaries NNS or CC usufructuaries NNS and CC other JJ persons NNS who WP hold VVP precariously RB have VH transmitted VVN the DT thing NN by IN a DT conveyance NN , , may MD prescribe VV it PP . SENT Art NN . SENT 2240 CD One CD may MD not RB prescribe VV against IN one's JJ own JJ title NN , , in IN the DT sense NN that IN one PP may MD not RB modify VV as RB to TO himself PP the DT cause NN and CC principle NN of IN his PP$ possession NN . SENT Art NN . SENT 2241 CD One CD may MD prescribe VV against IN one's JJ title NN , , in IN the DT sense NN that IN one PP prescribes VVZ the DT discharge NN of IN an DT obligation NN which WDT one PP has VHZ contracted VVN . SENT CHAPTER NN IV NP OF IN THE DT CAUSES NNS WHICH WDT INTERRUPT VV OR CC SUSPEND VV THE DT RUNNING NN OF IN PRESCRIPTION NN Section NN I NN Of IN the DT Causes NNS which WDT Interrupt VV Prescription NN Art NN . SENT 2242 CD Prescription NN may MD be VB interrupted VVN either RB naturally RB or CC according VVG to TO law NN . SENT Art NN . SENT 2243 CD Natural NP interruption NN takes VVZ place VV where WRB a DT possessor NN is VBZ deprived VVN of IN the DT enjoyment NN of IN the DT thing NN , , for IN more JJR than IN one CD year NN , , either CC by IN the DT previous JJ owner NN , , or CC even RB by IN a DT third JJ person NN . SENT Art NN . SENT 2244 CD Act NP n NN 85 CD 677 CD of IN 5 CD July NP 1985 CD A DT service NN of IN process NN , , even RB for IN interim JJ relief NN , , an DT order NN to TO pay VV or CC a DT seizure NN , , on IN the DT person NN whom WP one PP wishes VVZ to TO prevent VV from IN prescribing VVG , , interrupt VV prescription NN , , as RB well RB as IN the DT periods NNS within IN which WDT an DT action NN must MD be VB brought VVN . SENT Art NN . SENT 2245 CD An DT application NN for IN conciliation NN before IN the DT tribunal NN d'instance NN interrupts VVZ prescription NN from IN the DT day NN of IN its PP$ date NN , , where WRB it PP is VBZ followed VVN by IN a DT service NN of IN process NN in IN due JJ time NN . SENT Art NN . SENT 2246 CD A DT service NN of IN process NN , , even RB before IN a DT judge NN without IN jurisdiction NN , , interrupts VVZ prescription NN . SENT Art NN . SENT 2247 CD Where WRB a DT summons NN is VBZ void JJ by IN infringement NN of IN a DT procedural JJ requirement NN , , Where WRB the DT plaintiff NN discontinues VVZ his PP$ action NN , , Where WRB he PP leaves VVZ the DT suit NN to TO lapse NN , , Or CC where WRB he PP is VBZ defeated VVN in IN his PP$ claim NN , , Interruption NN shall MD be VB deemed VVN never RB to TO have VH occurred VVN . SENT Art NN . SENT 2248 CD Prescription NN is VBZ interrupted VVN where WRB the DT debtor NN or CC possessor NN acknowledges VVZ the DT right NN of IN the DT person NN against IN whom WP he PP was VBD prescribing VVG . SENT Art NN . SENT 2249 CD A DT service NN of IN process NN made VVN in IN accordance NN with IN the DT above JJ Articles NNS upon IN one CD of IN the DT joint JJ and CC several JJ debtors NNS , , or CC his PP$ acknowledgement NN , , interrupts VVZ prescription NN against IN all PDT the DT others NNS , , and CC even RB against IN their PP$ heirs NNS . SENT A DT service NN of IN process NN made VVN upon IN one CD of IN the DT heirs NNS of IN a DT joint JJ and CC several JJ debtor NN or CC an DT acknowledgement NN by IN that DT heir NN does VVZ not RB interrupt VV prescription NN against IN the DT other JJ coheirs NNS , , even RB if IN the DT claim NN is VBZ secured VVN by IN a DT mortgage NN , , where WRB it PP is VBZ not RB indivisible JJ . SENT That DT service NN of IN process NN or CC that DT acknowledgement NN interrupts VVZ prescription NN , , with IN regard NN to TO the DT other JJ co NP debtors NNS , , only RB for IN the DT share NN for IN which WDT that DT heir NN is VBZ liable JJ . SENT In IN order NN to TO interrupt VV prescription NN for IN the DT whole NN , , with IN regard NN to TO the DT other JJ co NP debtors NNS , , it PP is VBZ necessary JJ to TO have VH a DT service NN made VVN on IN all PDT the DT heirs NNS of IN the DT deceased JJ debtor NN , , or CC an DT acknowledgement NN of IN all PDT the DT heirs NNS . SENT Art NN . SENT 2250 CD A NP service NN made VVD upon IN a DT principal JJ debtor NN , , or CC his PP$ acknowledgement NN , , interrupts VVZ prescription NN against IN the DT surety NN . SENT Section NP II NP Of IN the DT Causes NNS which WDT Suspend VV the DT Running NN of IN Prescription NN Art NN . SENT 2251 CD Prescription NN runs VVZ against IN all DT persons NNS , , unless IN they PP come VVP within IN some DT exception NN established VVN by IN law NN . SENT Art NN . SENT 2252 CD Act NP n NN 64 CD 1230 CD of IN 14 CD Dec NP . SENT 1964 CD Prescription NN does VVZ not RB run VV against IN non JJ emancipated VVN minors NNS and CC adults NNS in IN guardianship NN , , except IN for IN what WP is VBZ stated VVN in IN Article NP 2278 CD and CC with IN the DT exception NN of IN the DT other JJ cases NNS determined VVN by IN law NN . SENT Art NN . SENT 2253 CD It PP does VVZ not RB run VV between IN spouses NNS . SENT Art NN . SENT 2254 CD Although IN there EX is VBZ no DT separation NN resulting VVG from IN an DT ante NN nuptial JJ agreement NN or CC a DT judgment NN , , prescription NN runs VVZ against IN a DT married JJ woman NN , , with IN regard NN to TO the DT property NN of IN which WDT the DT husband NN has VHZ the DT administration NN , , subject JJ to TO her PP$ remedy NN against IN the DT husband NN . SENT Art NN . SENT 2255 CD and CC 2256 CD repealed VVN Art NN . SENT 2257 CD The DT statute NN of IN limitations NNS does VVZ not RB run VV . SENT With IN regard NN to TO a DT claim NN which WDT depends VVZ upon IN a DT condition NN , , until IN that DT condition NN occurs VVZ . SENT With IN regard NN to TO an DT action NN on IN a DT warranty NN , , until IN dispossession NN has VHZ taken VVN place NN . SENT With IN regard NN to TO a DT claim NN on IN a DT fixed JJ day NN , , until IN that DT day NN has VHZ occurred VVN . SENT Art NN . SENT 2258 CD The DT statute NN of IN limitations NNS does VVZ not RB run VV against IN a DT heir NN under IN benefit NN of IN inventory NN , , with IN regard NN to TO claims NNS which WDT he PP has VHZ against IN the DT succession NN . SENT It PP runs VVZ against IN a DT succession NN which WDT is VBZ vacant JJ , , although IN not RB provided VVN with IN a DT curator NN . SENT Art NN . SENT 2259 CD It PP still RB runs VVZ during IN the DT three CD months NNS allowed VVN for IN making VVG an DT inventory NN and CC the DT forty NN days NNS for IN deliberating VVG . SENT CHAPTER NN V NN OF IN THE DT TIME NN REQUIRED VVN TO TO PRESCRIBE VV Section NP I NP General NP Provisions NNS Art NN . SENT 2260 CD Prescription NN is VBZ counted VVN by IN days NNS and CC not RB by IN hours NNS . SENT Art NN . SENT 2261 CD It PP accrues VVZ when WRB the DT last JJ day NN of IN the DT period NN is VBZ over RP . SENT Section NP II NP Of IN Thirty CD Year NN Prescription NN Art NN . SENT 2262 CD All NP actions NNS , , in IN rem NP as IN well RB as RB in IN personam NP , , are VBP prescribed VVN by IN thirty CD years NNS , , without IN the DT person NN who WP alleges VVZ that DT prescription NN being VBG obliged VVN to TO adduce VV a DT title NN , , or CC a DT plea NN resulting VVG from IN bad JJ faith NN being VBG allowed VVN to TO be VB set VVN up RP against IN him PP . SENT Art NN . SENT 2263 CD After IN twenty CD eight CD years NNS from IN the DT date NN of IN the DT last JJ instrument NN of IN title NN , , the DT debtor NN of IN an DT annuity NN may MD be VB compelled VVN to TO furnish VV at IN his PP$ expense NN a DT new JJ instrument NN to TO his PP$ creditor NN or CC to TO his PP$ assigns NNS . SENT Art NN . SENT 2264 CD The NP rules NNS of IN prescription NN on IN matters NNS other JJ than IN those DT mentioned VVN in IN this DT Title NP are VBP explained VVN in IN the DT Titles NNS which WDT relate VVP to TO them PP . SENT Section NP III NP Of IN Ten CD and CC Twenty CD Year NN Prescription NN Art NN . SENT 2265 CD A NP person NN who WP acquires VVZ an DT immovable JJ in IN good JJ faith NN and CC under IN a DT just JJ title NN prescribes VVZ ownership NN of IN it PP by IN ten CD years NNS , , where WRB the DT true JJ owner NN lives NNS on IN the DT territory NN of IN the DT court NN of IN appeal NN within IN whose WP$ limits NNS the DT immovable JJ is VBZ situated VVN . SENT and CC by IN twenty CD years NNS , , where WRB he PP is VBZ domiciled VVN outside IN of IN the DT said VVN territory NN . SENT Art NN . SENT 2266 CD Where WRB the DT true JJ owner NN has VHZ had VHN his PP$ domicile NN at IN different JJ times NNS , , within IN and CC outside IN the DT territory NN , , one PP must MD , , in IN order NN to TO complete VV the DT prescription NN , , add VV to TO what WP is VBZ lacking VVG to TO make VV up RP ten CD years NNS of IN presence NN , , a DT number NN of IN years NNS of IN absence NN twice RB what WP is VBZ lacking VVG to TO complete VV the DT ten CD years NNS of IN presence NN . SENT Art NN . SENT 2267 CD An DT instrument NN which WDT is VBZ void JJ for IN a DT defect NN as RB to TO its PP$ form NN may MD not RB serve VV as IN the DT basis NN for IN a DT prescription NN by IN ten CD and CC twenty CD years NNS . SENT Art NN . SENT 2268 CD Good JJ faith NN is VBZ always RB presumed VVN , , and CC it PP is VBZ on IN the DT person NN who WP alleges VVZ bad JJ faith NN to TO prove VV it PP . SENT Art NN . SENT 2269 CD It PP is VBZ sufficient JJ that IN good JJ faith NN has VHZ existed VVN at IN the DT time NN of IN the DT acquisition NN . SENT Art NN . SENT 2270 CD Act NP n NN 78 CD 12 CD of IN 4 CD Jan NP . SENT 1978 RB Any DT natural JJ or CC juridical JJ person NN who WP may MD be VB liable JJ under IN Articles NNS 1792 CD to TO 1792 CD 4 CD of IN this DT Code NP is VBZ discharged VVN from IN the DT liabilities NNS and CC warranties NNS by IN which WDT they PP are VBP weighed VVN down RP in IN application NN of IN Articles NNS 1792 CD to TO 1792 CD 2 CD , , after IN ten CD years NNS from IN the DT approval NN of IN the DT works NNS or CC , , in IN application NN of IN Article NP 1792 CD 3 CD , , on IN the DT expiry NN of IN the DT period NN referred VVD to TO in IN this DT Article NN . SENT Art NN . SENT 2270 CD 1 CD Act NP n NN 85 CD 677 CD of IN 5 CD July NP 1985 CD Actions NNS for IN tort NN liability NN are VBP barred VVN after IN ten CD years NNS from IN the DT manifestation NN of IN the DT injury NN or CC of IN its PP$ aggravation NN . SENT Act NP n NN 98 CD 468 CD of IN 17 CD June NP 1998 CD Where WRB the DT injury NN is VBZ caused VVN by IN torture NN and CC acts NNS of IN cruelty NN , , assault NN or CC sexual JJ aggressions NNS committed VVN against IN a DT minor JJ , , the DT action NN in IN tort NN liability NN is VBZ barred VVN after IN twenty CD years NNS . SENT Section NP IV NP Of IN Some DT Particular JJ Prescriptions NNS Art NN . SENT 2271 CD Act NP n NN 71 CD 586 CD of IN 16 CD July NP 1971 CD The DT action NN of IN teachers NNS and CC schoolmasters NNS of IN sciences NNS and CC arts NNS for IN the DT lessons NNS which WDT they PP give VVP by IN the DT month NN . SENT That IN of IN innkeepers NNS and CC caterers NNS for IN reason NN of IN board NN and CC lodging NN which WDT they PP furnish VV , , are VBP barred VVN after IN six CD months NNS . SENT Art NN . SENT 2272 CD Act NP n NN 71 CD 586 CD of IN 16 CD July NP 1971 CD The DT action NN of IN bailiffs NNS , , for IN the DT fees NNS of IN the DT instruments NNS they PP serve VVP and CC the DT commissions NNS which WDT they PP perform VVP . SENT That IN of IN the DT masters NNS of IN boarding VVG schools NNS , , for IN the DT boarding VVG fees NNS of IN their PP$ pupils NNS , , and CC of IN the DT other JJ masters NNS for IN the DT price NN of IN the DT apprenticeship NN , , are VBP barred VVN after IN one CD year NN . SENT The DT action NN of IN physicians NNS , , surgeons NNS , , dental JJ surgeons NNS , , midwives NNS and CC pharmacists NNS , , for IN their PP$ visits NNS , , operations NNS , , and CC medicines NNS , , is VBZ barred VVN after IN two CD years NNS . SENT The DT action NN of IN merchants NNS , , for IN the DT goods NNS which WDT they PP sell VVP to TO private JJ individuals NNS who WP are VBP not RB merchants NNS , , is VBZ barred VVN after IN two CD years NNS . SENT Art NN . SENT 2273 CD The DT action NN of IN counsels VVZ for IN the DT payment NN of IN theirs JJ costs NNS and CC fees NNS , , is VBZ barred VVN after IN two CD years NNS , , from IN the DT judgment NN in IN the DT proceedings NNS or CC from IN the DT conciliation NN of IN the DT parties NNS , , or CC since IN the DT revocation NN of IN the DT said VVD counsels VVZ . SENT As RB to TO cases NNS not RB closed VVD , , they PP may MD not RB institute VV judicial JJ proceedings NNS for IN their PP$ costs NNS and CC fees NNS which WDT date VVP back RB more JJR than IN five CD years NNS . SENT Art NN . SENT 2274 CD In IN the DT above JJ cases NNS , , limitation NN takes VVZ place NN although IN the DT supplies NNS , , deliveries NNS , , services NNS and CC works NNS have VHP been VBN continued VVN . SENT The DT statute NN of IN limitation NN ceases VVZ to TO run VV where WRB there EX was VBD an DT account NN stated VVD , , acknowledgment NN in IN writing VVG or CC a DT summons NN which WDT has VHZ not RB lapsed VVN . SENT Art NN . SENT 2275 CD Nevertheless RB , , the DT persons NNS against IN whom WP those DT limitations NNS are VBP raised VVN may MD tender VV the DT oath NN to TO those DT who WP raise VVP them PP , , on IN the DT question NN of IN knowing VVG whether IN the DT thing NN has VHZ really RB been VBN paid VVN . SENT The DT oath NN may MD be VB tendered VVN to TO widows NNS and CC heirs NNS , , or CC to TO the DT guardians NNS or CC the DT latter NN , , where WRB they PP are VBP minors NNS , , in IN order NN to TO have VH them PP declare VV that IN they PP were VBD not RB aware JJ of IN the DT thing NN being VBG owed VVN . SENT Art NN . SENT 2276 CD Act NP n NN 71 CD 586 CD of IN 16 CD July NP 1971 CD Judges NNS as RB well RB as IN the DT persons NNS who WP have VHP represented VVN or CC assisted VVN the DT parties NNS are VBP no RB longer RBR chargeable JJ for IN the DT papers NNS and CC documents VVZ five CD years NNS after IN the DT judgment NN or CC the DT end NN of IN their PP$ duties NNS . SENT Bailiffs NNS are VBP also RB no RB longer RBR chargeable JJ after IN two CD years NNS since IN the DT performance NN of IN the DT commission NN or CC the DT service NN of IN instruments NNS of IN which WDT they PP had VHD the DT responsibility NN . SENT Art NN . SENT 2277 CD Act NP n NN 71 CD 538 CD of IN 7 CD July NP 1971 CD The NP actions NNS for IN payment NN . SENT Of IN salaries NNS . SENT Of IN arrears NNS of IN perpetual JJ and CC life NN annuities NNS and CC those DT of IN periodical JJ payments NNS . SENT Of IN rents NNS and CC farm NN rents NNS . SENT Of IN interest NN of IN sums NNS loaned VVN , , and CC generally RB of IN everything NN which WDT is VBZ payable JJ annually RB or CC at IN shorter JJR periodical JJ times NNS , , are VBP barred VVN after IN five CD tears NNS Art NP . SENT 2277 CD 1 CD Act NP n NN 89 CD 906 CD of IN 19 CD Dec NP . SENT 1989 CD An DT action NN directed VVN against IN persons NNS statutorily RB empowered VVN to TO represent VV or CC assist VV parties NNS in IN court NN by IN reason NN of IN the DT liability NN which WDT they PP thus RB incur VVP is VBZ barred VVN after IN ten CD year NN from IN the DT end NN of IN their PP$ duties NNS . SENT Art NN . SENT 2278 CD The NP limitations NNS in IN question NN in IN the DT Articles NNS of IN this DT Section NN , , run VVN against IN minors NNS and CC adults NNS in IN guardianship NN . SENT subject JJ to TO their PP$ remedy NN against IN their PP$ guardian NN . SENT Art NN . SENT 2279 CD In IN matters NNS of IN movables NNS , , possession NN is VBZ equivalent JJ to TO a DT title NN . SENT Nevertheless RB , , the DT person NN who WP has VHZ lost VVN or CC from IN whom WP a DT thing NN has VHZ been VBN stolen VVN , , may MD claim VV it PP during IN three CD years NNS , , from IN the DT day NN of IN the DT loss NN or CC of IN the DT theft NN , , against IN the DT one NN in IN whose WP$ hands NNS he PP finds VVZ it PP , , subject JJ to TO the DT remedy NN of IN the DT latter NN against IN the DT one NN from IN whom WP he PP holds VVZ it PP . SENT Art NN . SENT 2280 CD Where WRB the DT present JJ possessor NN of IN a DT thing NN lost VVD or CC stolen JJ has VHZ bought VVN it PP at IN a DT fair JJ or CC market NN , , or CC at IN a DT public JJ sale NN , , or CC from IN a DT merchant NN selling VVG similar JJ things NNS , , the DT original JJ owner NN may MD have VH it PP returned VVN to TO him PP only RB by IN reimbursing VVG the DT possessor NN for IN the DT price NN which WDT it PP has VHZ cost VVN him PP . SENT Act NN of IN 11 CD July NP 1892 CD A DT lessor NN who WP claims VVZ , , under IN Article NP 2102 CD , , the DT movables NNS displaced VVN without IN his PP$ consent NN and CC which WDT have VHP been VBN bought VVN in IN the DT same JJ conditions NNS , , must MD likewise RB reimburse VV the DT buyer NN for IN the DT price NN which WDT they PP have VHP cost VVN him PP . SENT Art NN . SENT 2281 CD Prescriptions NNS commenced VVD at IN the DT time NN of IN the DT publication NN of IN this DT Title NN shall MD be VB regulated VVN in IN accordance NN with IN former JJ laws NNS . SENT Nevertheless RB , , prescriptions NNS then RB commenced VVD and CC for IN which WDT , , under IN the DT former JJ laws NNS , , would MD still RB be VB necessary JJ more JJR than IN thirty CD year NN from IN the DT same JJ time NN , , shall MD become VV complete VV by IN that DT period NN of IN thirty CD years NNS . SENT CHAPTER NN VI NP OF IN THE DT MODE NN OF IN PROTECTING VVG POSSESSION NN Act NP n NN 75 CD 596 CD of IN 9 CD July NP 1975 CD Art NN . SENT 2282 CD Possession NN is VBZ protected VVN , , regardless RB of IN the DT substance NN of IN the DT right NN , , against IN disturbance NN which WDT affects VVZ or CC threatens VVZ it PP . SENT Protection NN of IN possession NN is VBZ also RB granted VVN to TO a DT person NN who WP holds VVZ a DT thing NN against IN all DT other JJ than IN the DT one NN from IN whom WP he PP holds VVZ his PP$ rights NNS . SENT Art NN . SENT 2283 CD Actions NNS for IN the DT protection NN of IN possession NN may MD be VB brought VVN by IN those DT who WP possess VVP or CC hold VVP peacefully RB in IN the DT way NN provided VVD for IN by IN the DT Code NP of IN Civil NP Procedure NN . SENT BOOK NN FOUR CD PROVISIONS NNS APPLICABLE JJ IN IN MAYOTTE NP Ord NP . SENT n NN 2002 CD 1476 CD of IN 19 CD Dec NP . SENT 20021 CD 1 CD Shall NP come VVN into IN force NN on IN 1 CD June NP 2004 CD Art NN . SENT 2284 CD . SENT This DT Code NP shall MD apply VV in IN Mayotte NP subject NN to TO the DT conditions NNS set VVD out RP in IN this DT Book NN . SENT Art NN . SENT 2285 CD . SENT For IN the DT implementation NN of IN this DT Code NP in IN Mayotte NP , , the DT terms NNS listed VVN below RB shall MD be VB replaced VVN as RB follows VVZ . SENT 1 CD Tribunal NN de NP grande NP instance NN or CC tribunal NN d'instance NN by IN . SENT tribunal NN de NP premi NP re NN instance NN . SENT 2 CD Court NP or CC Court NP of IN appeal NN by IN . SENT tribunal NN sup NN rieur NN d'appel NN . SENT 3 CD Juge NP d'instance NN by IN . SENT presiding VVG judge NN of IN the DT tribunal NN de FW premi NNS re IN instance NN or CC his PP$ deputy NN . SENT 4 CD D NP partement NN or CC arrondissement NN by IN . SENT collectivit NN d SYM partementale NN . SENT 5 CD Code NP of IN civil JJ procedure NN or CC new JJ Code NP of IN civil JJ procedure NN by IN . SENT provisions NNS as RB to TO civil JJ procedure NN applicable JJ in IN Mayotte NP . SENT PRELIMINARY JJ TITLE NN PROVISIONS NNS RELATED VVN TO TO THE DT PRELIMINARY JJ TITLE NN Art NN . SENT 2286 CD . SENT Articles NNS 1 CD to TO 6 CD shall MD apply VV in IN Mayotte NP . SENT TITLE NN ONE CD PROVISIONS NNS RELATED VVN TO TO BOOK VV ONE CD Art NN . SENT 2287 CD . SENT Articles NNS 7 CD to TO 32 CD 5 CD and CC 34 CD to TO 515 CD 8 CD shall MD apply VV in IN Mayotte NP . SENT Art NN . SENT 2288 CD . SENT For IN its PP$ implementation NN in IN Mayotte NP , , Article NP 26 CD , , paragraph NN 1 CD , , is VBZ worded VVN as RB follows VVZ . SENT Declarations NNS of IN nationality NN shall MD be VB received VVN by IN the DT presiding VVG judge NN of IN the DT tribunal NN de FW premi NNS re IN instance NN or CC his PP$ deputy NN in IN the DT form NN prescribed VVN by IN decree NN in IN Conseil NP d SYM tat NN . SENT Art NN . SENT 2289 CD . SENT For IN its PP$ implementation NN in IN Mayotte NP , , Article NP 55 CD , , paragraph NN 1 CD , , is VBZ worded VVN as RB follows VVZ . SENT Declarations NNS of IN birth NN shall MD be VB made VVN within IN fifteen CD days NNS of IN the DT delivery NN to TO the DT officer NN of IN civil JJ status NN of IN the DT place NN . SENT Art NN . SENT 2290 CD . SENT Articles NNS 57 CD and CC 61 CD 3 CD shall MD apply VV in IN the DT wording NN of IN Act NP n NN 93 CD 22 CD of IN 8 CD January NP 1993 CD which WDT modifies VVZ the DT Civil NP Code NP as RB to TO civil JJ status NN , , family NN and CC the DT rights NNS of IN the DT child NN and CC establishes VVZ a DT family NN causes VVZ judge NN . SENT Amendments NNS made VVD to TO these DT Articles NNS by IN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 2002 CD relating VVG to TO the DT family NN name NN shall MD come VV into IN force NN in IN Mayotte NP on IN 1 CD January NP 2007 CD . SENT Art NN . SENT 2291 CD . SENT Article NN 331 CD , , 331 CD 2 CD , , 332 CD 1 CD , , 334 CD 2 CD and CC 334 CD 5 CD shall MD apply VV in IN Mayotte NP in IN the DT wording NN of IN Act NP n NN 93 CD 22 CD of IN 8 CD January NP 1993 CD . SENT Articles NNS 333 CD 4 CD , , 333 CD 6 CD , , 334 CD 1 CD shall MD apply VV in IN Mayotte NP in IN the DT wording NN of IN Act NP n NN 72 CD 3 CD of IN 3 CD January NP 1972 CD . SENT Article NN 333 CD 5 CD shall MD apply VV in IN Mayotte NP in IN the DT wording NN of IN Act NP n NN 87 CD 570 CD of IN 22 CD July NP 1987 CD . SENT Amendments NNS made VVD to TO these DT Articles NNS by IN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 2002 CD relating VVG to TO the DT family NN name NN and CC Articles NNS 311 CD 21 CD and CC 311 CD 22 CD shall MD come VV into IN force NN in IN Mayotte NP on IN 1 CD January NP 2007 CD . SENT Art NN . SENT 2292 CD . SENT Articles NNS 354 CD , , 361 CD and CC 363 CD shall MD apply VV in IN Mayotte NP in IN the DT wording NN of IN Act NP n NN 93 CD 22 CD of IN 8 CD January NP 1993 CD . SENT Amendments NNS made VVD to TO these DT Articles NNS by IN Act NP n NN 2002 CD 304 CD of IN 4 CD March NP 2002 CD relating VVG to TO the DT family NN name NN shall MD come VV into IN force NN in IN Mayotte NP on IN 1 CD January NP 2007 CD . SENT Art NN . SENT 2293 CD . SENT For IN the DT implementation NN in IN Mayotte NP of IN Articles NNS 515 CD 3 CD and CC 515 CD 7 CD , , the DT words NNS court NN office NN of IN the DT tribunal NN d'instance NN are VBP replaced VVN by IN court NN office NN of IN the DT tribunal NN de NP premi NP re NN instance NN . SENT TITLE NN TWO CD PROVISIONS NNS RELATED VVN TO TO BOOK VV TWO CD Art NN . SENT 2294 CD . SENT Articles NNS 516 CD to TO 710 CD shall MD apply VV in IN Mayotte NP subject NN to TO the DT adaptations NNS specified VVN in IN Articles NNS 2295 CD and CC 2296 CD . SENT Art NN . SENT 2295 CD . SENT For IN the DT implementation NN of IN Article NP 524 CD , , paragraph NN 9 CD , , fishes VVZ in IN stretches NNS of IN water NN unconnected JJ with IN watercourses NNS , , canals NNS and CC streamlets NNS and CC fishes NNS in IN piscicultures NNS and CC piscicultural JJ enclosures NNS shall MD be VB treated VVN as IN immovables NNS by IN destination NN when WRB they PP have VHP been VBN placed VVN by IN the DT owner NN for IN the DT use NN and CC working VVG of IN the DT tenement NN . SENT Art NN . SENT 2296 CD . SENT For IN the DT implementation NN of IN Article NP 564 CD , , the DT words NNS . SENT or CC stretches NNS of IN water NN referred VVD to TO in IN Articles NNS 432 CD and CC 433 CD L NP . SENT 231 CD 6 CD and CC L NP . SENT 231 CD 7 CD of IN the DT Rural NP Code NP now RB Articles NNS L NP . SENT 431 CD 6 CD and CC L NP . SENT 431 CD 7 CD of IN the DT Code NP of IN the DT Environment NP shall MD be VB replaced VVN by IN . SENT piscicultures NNS or CC piscicultural JJ enclosures NNS . SENT TITLE NN THREE CD PROVISIONS NNS RELATED VVN TO TO BOOK VV THREE CD Art NN . SENT 2297 CD . SENT Articles NNS 711 CD to TO 832 CD 2 CD , , 832 CD 4 CD to TO 2283 CD shall MD apply VV in IN Mayotte NP subject NN to TO the DT adaptations NNS specified VVN in IN Articles NNS 2298 CD to TO 2302 CD . SENT Art NN . SENT 2298 CD . SENT The DT provisions NNS of IN Article NP 832 CD , , paragraph NN 5 CD and CC those DT of IN Article NP 832 CD 2 CD , , paragraphs VVZ 2 CD , , 3 CD and CC 5 CD shall MD not RB apply VV in IN Mayotte NP . SENT Art NN . SENT 2299 CD . SENT For IN the DT implementation NN in IN Mayotte NP of IN Article NP 832 CD 4 CD , , paragraph NN 1 CD , , the DT words NNS . SENT 832 CD , , 832 CD 1 CD , , 832 CD 2 CD and CC 832 CD 3 CD shall MD be VB replaced VVN by IN the DT words NNS . SENT 832 CD , , 832 CD 1 CD and CC 832 CD 2 CD . SENT For IN the DT implementation NN of IN Article NP 832 CD 4 CD , , paragraph NN 2 CD , , the DT words NNS 832 CD , , 832 CD 2 CD and CC 832 CD 3 CD shall MD be VB replaced VVN by IN the DT words NNS . SENT 832 CD and CC 832 CD 2 CD . SENT Art NN . SENT 2300 CD . SENT In IN Article NP 1069 CD , , the DT words NNS . SENT following VVG the DT prescriptions NNS of IN Articles NNS 2148 CD and CC 2149 CD , , paragraph NN 2 CD , , of IN this DT Code NP shall MD be VB replaced VVN by IN the DT words NNS . SENT following VVG the DT rules NNS locally RB applicable JJ in IN matters NNS of IN registration NN of IN prior JJ charges NNS and CC mortgages NNS . SENT Art NN . SENT 2301 CD . SENT For IN the DT implementation NN in IN Mayotte NP of IN Article NP 1873 CD 13 CD , , the DT words NNS . SENT 832 CD to TO 832 CD 3 CD shall MD be VB replaced VVN by IN the DT words NNS . SENT 832 CD to TO 832 CD 2 CD . SENT Art NN . SENT 2302 CD . SENT The DT provisions NNS of IN Titles NNS XVII NP , , XVIII NP and CC XIX NP of IN Book NP Three NP shall MD apply VV in IN Mayotte NP as IN they PP are VBP altered VVN by IN the DT provisions NNS of IN the DT decree NN of IN 4 CD February NP 1911 CD reorganizing VVG the DT system NN of IN ownership NN in IN land NN in IN Madagascar NP , , amended VVN by IN the DT decree NN of IN 6 CD May NP 1916 CD , , and CC the DT decree NN of IN 9 CD June NP 1931 CD reorganizing VVG the DT system NN of IN ownership NN in IN land NN in IN the DT Comoro NP Archipelago NP and CC suppressing VVG the DT land NN registry NN in IN Dzaoudzi NP . SENT A DT propos NP du NP site NN Plan NP du NP site NN Bo NP tes NNS aux NP lettres NNS Etablir NP un NP lien NN Mise NN jour FW des FW textes VVZ 2002 CD Legifrance NP