If the right of action is based upon the incapacity of any one of the contracting parties, the loss of the thing shall not be an obstacle to the success of the action, unless said loss took place through the fraud or fault of the plaintiff. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. Rescission referred to in Nos. Exemplary damages — imposed by way of example or correction for the public good. Nor does solidarity of itself imply indivisibility. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code. If the duration of the household service is not determined either by stipulation or by the nature of the service, the head of the family or the house helper may give notice to put an end to the service relation, according to the following rules: 1 If the compensation is paid by the day, notice may be given on any day that the service shall end at the close of the following day; 2 If the compensation is paid by the week, notice may be given, at the latest on the first business day of the week, that the service shall be terminated at the end of the seventh day from the beginning of the week; 3 If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the service shall cease at the end of the month.
The nullity of the penal clause does not carry with it that of the principal obligation. The statement of a false cause in contracts shall render them void, if it should not be proved that they were founded upon another cause which is true and lawful. The vendor shall answer for the eviction even though nothing has been said in the contract on the subject. The profit the seller would have made if the contract or the sale had been fully performed shall be considered in awarding the damages. Unenforceable contracts cannot be assailed by third persons. Simulation of a contract may be absolute orrelative.
The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person. Constructive delivery — where physical transfer is implied. When a minor between eighteen and twenty-one years of age, who has entered into a contract without the consent of the parent or guardian, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover the same from the obligee who has spent or consumed it in good faith. If the debtor caused the dealy, the courd should authorize the creditor to make the choice because this gives the impression that the debtor has waived his right by causing the delay.
The sale is presumed to be fictitious if at the time the supposed vendee demands the termination of the lease, the sale is not recorded in the Registry of Property. Classification of obligations according to subject matter Real obligations to give — to give a specific thing set apart from a class — to give a generic or indeterminate thing one of a class Personal obligations to do or not to do 2. The redhibitory action, based on the faults or defects of animals, must be brought within forty days from the date of their delivery to the vendee. Whenever earnest money is given in a contract of sale, it shall be considered as part of the price and as proof of the perfection of the contract. Hence, the condition is valid. Such extraordinary diligence in the vigilance over the goods is further expressed in Articles 1734, 1735, and 1745, Nos. Hawkins had suffered a severe burn to his hand when he was 11 years old.
As to all matters not specifically provided for in this Title, barter shall be governed by the provisions of the preceding Title relating to sales. Things having a potential existence may be the object of the contract of sale. Suppose that in the above problem, the debtor promised to pay his obligation if a house belonging to him is sold, will that make a difference in your answer? Oral — by word of mouth of the parties b. Constructive delivery — where physical transfer is implied. However, thedetermination of its performance may be left to a third personafter it has been made known to both contracting parties. And it cannot be said that if the debtor so desires , he can always prevent the sale. The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them.
Unauthorized contracts are governed by Article 1317 and the principles of agency in Title X of this Book. The choice shall produce no effect except from the time it has been communicated. Hawkins filed a against the doctor for breach of contract based on his failure to perform as he promised. Relativity — it is binding only upon the parties and their successors. Corporation — Artificial being created by operation of law, having right of succession and the powers, attributes, properties expressly authorized by law or incident to its existence. When the principal obligation is extinguished in consequence of a novation, accessory obligations may subsist only insofar as they may benefit third persons who did not give their consent.
Natural elements — those elements which are found in a contract by its nature and presumed by law to exist, such as Warranty of hidden defects or eviction in contract of sale. Nominal damages — are adjudicated in order that a right of the plaintiff, which has been violated by the defendant, may be vindicated or recognized and not for the purpose of indemnifying the plaintiff for any loss suffered by him. In case of real property, the consolidation of ownership in the vendee by virtue of the failure of the vendor to comply with the provisions of article 1616 shall not be recorded in the Registry of Property without a judicial order, after the vendor has been duly heard. Unless it is otherwise stipulated, the extrajudicial expenses required by the payment shall be for the account of the debtor. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
In the case of a sale by auction: 1 Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. Also in Civil law case is filed by private party and appealed by either party, while in Criminal law,. Owners of enterprises and other employers are obliged to pay compensation for the death of or injuries to their laborers, workmen, mechanics or other employees, even though the event may have been purely accidental or entirely due to a fortuitous cause, if the death or personal injury arose out of and in the course of the employment. The cause is unlawfulif is contrary to law, morals, good customs, public orderor public policy. It is presumed that there is legal subrogation: 1 When a creditor pays another creditor who is preferred, even without the debtor's knowledge; 2 When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; 3 When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter's share.
If the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former. Neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property, unless there is an express warranty that the thing is free from all burdens and encumbrances. One who sells an inheritance without enumerating the things of which it is composed, shall only be answerable for his character as an heir. The co-debtors, guarantors and sureties shall be released. A mere incidental benefit or interest of a person is not sufficient.