Civil Code
State of Kuwait · 1,078 stored articles
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Search statutory textsArticles 1 – 100102
- Article 11- Legislative provisions shall apply to the matters addressed by those provisions expressly or by implication. 2P If there is no legislative provision, the judge shall…
- Article 1 اوليThe application of the Majalla of Judicial Provisions is repealed, and it shall be replaced by the Civil Code accompanying this Law.
- Article 21 - Legislation shall be repealed only by subsequent legislation expressly providing for its repeal or containing a provision incompatible with it. 2 - If legislation is…
- Article 2 ثانيهThe following provisions are repealed: - 1 - Law No. 6 of 1961 regulating obligations arising from unlawful acts. 2 - Law No. 34 of 1961 promulgating the Law on Security…
- Article 31 - The new law shall apply to everything occurring from the date it comes into force, unless otherwise provided. 2 - Nevertheless, the effects of dispositions shall…
- Article 3 ثالثهThe provisions of the accompanying Law shall not prejudice the provisions contained in special legislation.
- Article 41 - Provisions relating to capacity shall apply to all persons covered by them. 2 - If a new law entails a change in a person's capacity, that shall not affect his…
- Article 4 رابعهThe Ministers, each within his respective competence, shall implement this Law, and it shall enter into force beginning on 25 February 1981 AD. Emir of Kuwait Jaber…
- Article 51 - If the new law extends the prescription period, the new period shall apply to every prescription not yet completed, with account taken of the portion of its period…
- Article 6The admissibility and probative force of evidence shall be governed by the provisions of the law in force when the facts or dispositions sought to be proved occurred.
- Article 7The law applicable to matters involving a foreign element shall be determined by a special law.
- Article 8Time limits shall be calculated according to the Gregorian calendar unless the law provides otherwise. Part Two The Right Chapter One: The Holder of the Right
- Article 9A human being's legal personality begins upon complete live birth and ends upon death, subject to the provisions of the law concerning missing and absent persons.
- Article 101 - A child in utero has capacity to acquire rights whose cause does not require acceptance, provided that the child is completely born alive. 2 - Nevertheless, a pure…
- Article 11A person's domicile is the place where he habitually resides.
- Article 12The place where a person carries on a trade or craft shall be considered his domicile in matters relating to that trade or craft.
- Article 131 - The domicile of a minor, an interdicted person, a missing person, or an absent person shall be the domicile of his legal representative. 2 - Nevertheless, a minor or…
- Article 141 - An elected domicile may be adopted for a particular legal act. 2 - The elected domicile shall be recognized in respect of everything relating to the legal act for…
- Article 15A person's family consists of his spouse and relatives. Relatives are all those sharing a common ancestor. Law Index 944 Home Page Civil Code Decree-Law No. 67 of 1980…
- Article 161 - Direct kinship is the relationship between ascendants and descendants. 2 - Collateral kinship is the relationship between persons sharing a common ascendant without…
- Article 171 - The degree of direct kinship is determined by counting each descendant as one degree, without counting the ascendant. 2 - The degree of collateral kinship is…
- Article 18Legal personality shall vest in every group of persons or assets to which the law recognizes such personality.
- Article 19The capacity of a juridical person, in respect of the rights vested in it and the obligations it bears, is determined by what its constitutive basis provides, and is…
- Article 201 - The domicile of a juridical person is the place where its administrative headquarters are located. 2 - Nevertheless, the place where a branch of the juridical person…
- Article 21For a legal person whose head office is abroad and which conducts an activity in Kuwait, the place where its local administration is situated shall be deemed its…
- Article 22Things having legally recognized value may constitute the subject matter of financial rights.
- Article 231 - Every thing owned by the State or any public juridical person and allocated to public benefit in fact or by law. 2 - It may not be dealt with in a manner…
- Article 241 - Anything settled and fixed in its location that cannot be moved without damage or alteration of its form is immovable property. 2 - Nevertheless, a thing is deemed…
- Article 25A movable placed by its owner in immovable property that he owns, and dedicated to its service and exploitation, is deemed immovable by destination.
- Article 26Every right in rem over an immovable shall be considered immovable property.
- Article 27Everything that is not immovable is movable.
- Article 281 - Fungible things are those whose individual units are identical or sufficiently similar that, according to custom, some may replace others without any significant…
- Article 291 - Consumable things are those that cannot be enjoyed except by consuming or spending them. 2 - Everything prepared for sale in shops shall be deemed consumable.…
- Article 30The exercise of a right shall be unlawful if its holder diverts it from its purpose or its social function. In particular: (a) If the interest resulting from it is…
- Article 31A contract is the conjunction of offer and acceptance to produce an effect prescribed by law. 946 Home Page Law Index Civil Code Decree-Law No. 67 of 1980 AD…
- Article 32A contract is concluded as soon as offer and acceptance coincide, if it concerns a subject matter and rests on a cause that are legally recognized, without prejudice to…
- Article 331 - For consent to exist, intention must be present when the disposition is made and must be expressed. 2 - Intention is presumed to be present when the disposition is…
- Article 34An intention may be expressed orally, in writing, by a commonly used sign, by an actual exchange indicating mutual consent, or by adopting any other position whose…
- Article 35An expression of intent may be implied, unless the law, the agreement, or the nature of the transaction requires it to be express.
- Article 361 - An expression of intention exists as soon as it is issued by its maker. However, it takes effect only upon coming to the knowledge of the person to whom it is…
- Article 37An expression of will shall have no effect if its withdrawal reaches the person to whom it is addressed before, or at the same time as, the expression reaches him.
- Article 381 - If an expression of intent differs from the true intention of its maker, the intention shall prevail. - Nevertheless, the person to whom the expression of intent is…
- Article 39A proposal that includes its maker's intention to conclude the contract as soon as the offeree accepts it shall constitute an offer. It must include, at least, the…
- Article 401 - An offer may validly be addressed to unspecified persons, so long as the identity of the intended contracting party is not an essential consideration in contracting,…
- Article 411 - The offeror has the option to revoke his offer so long as acceptance has not been joined to it. 2 - However, if the offeror specifies a period for acceptance, or the…
- Article 42The offer lapses upon the death of the offeror or the offeree or upon either of them losing legal capacity. Acceptance
- Article 441- No statement shall be attributed to a person who remains silent, but silence where an explanation is required shall be deemed acceptance. (This paragraph was replaced…
- Article 45Acceptance lapses if the acceptor dies or loses legal capacity before the acceptance comes to the knowledge of the offeror. Conjunction of offer and acceptance
- Article 46If an offer is made at the contracting session without specifying a time limit for acceptance, each contracting party shall have an option against the other until that…
- Article 47If acceptance is joined to the offer, the contract shall bind both parties, and neither may withdraw from it, (1) This paragraph was replaced pursuant to Law No. 15 of…
- Article 481 - If the offer is made by correspondence, it shall remain open throughout the period specified by the offeror for it to remain open. If the offeror does not specify a…
- Article 49A contract by correspondence shall be deemed to have been concluded at the time and place at which acceptance comes to the offeror's knowledge, unless otherwise agreed…
- Article 50Contracting by telephone, or by any similar means, shall be subject to the rule governing contracting at a contractual session as regards its completion and the time of…
- Article 511 - If the contracting parties agree that the provisions of a model contract or model regulations shall govern their affairs, those provisions shall apply unless either…
- Article 521 - If the contracting parties agree on all essential matters of the contract and leave secondary matters pending in the hope of agreeing on them in the future, this…
- Article 53A contract may be concluded through representation, unless the law requires that it be concluded by the principal personally.
- Article 541- The representative's authority shall be determined in accordance with the provisions of the instrument of his representation. 2- Nevertheless, if the representation…
- Article 55The instrument of representation need not be in the form required by law for concluding the disposition effected through it, unless the law provides otherwise.
- Article 561 - In contracting through representation, the person of the representative, rather than that of the principal, shall be considered in determining defects of consent or…
- Article 57If the representative, within the limits of his authority, concludes a contract in the name of the principal, all effects arising from that contract shall accrue…
- Article 58If, when concluding the contract, the representative does not disclose that he is contracting in the principal's name, the person contracting with him shall not be…
- Article 59If the person contracting with the representative is not obliged to regard the contract as concluded between himself and the principal, and does not accept it as such,…
- Article 60In contractual representation, if the representative contracts in the principal's name after his authority has ended, the person contracting with him may nevertheless…
- Article 611 - If a person concludes a contract on behalf of another without authority to represent that person, or, in concluding it, exceeds the limits of his authority, the…
- Article 62A representative may not, without special permission, contract with himself in the name of the person he represents, even if he concludes that contract for the account…
- Article 63A representative may not entrust his representation to another unless permitted to do so by law or agreement.
- Article 64If the representation ends, and the representative has received something evidencing it, he shall return it immediately upon its termination. He may not retain it in his…
- Article 651 - The formation of a contract does not require consent to it to be given in a particular form, unless the law provides otherwise. 2 - If the law prescribes a…
- Article 66If the contracting parties stipulate, for the existence of the contract, that a particular form be followed in its conclusion, neither of them may, without the consent…
- Article 67If the law requires a particular form, or the contracting parties agree that it is mandatory, and doubt arises as to whether that form is required for the formation of…
- Article 68If a contract concerns a thing, delivery of that thing shall not be necessary for its formation, unless the law, agreement, or custom provides otherwise.
- Article 69If the law or agreement requires a particular form for the formation of a contract, that form must be observed in the contract promising to conclude it and in subsequent…
- Article 701 - If the contract requires that it be concluded a second time or in another form, each party shall conclude it in its final form within the period specified by the…
- Article 711 - If either party to the preliminary contract breaches its obligation to conclude the final contract, the other party, if not in breach of its obligations, may seek a…
- Article 72An agreement whereby one party promises to conclude a specified contract in favor of the other party shall not be concluded unless it specifies the essential matters of…
- Article 731 - If a person promises to conclude a specified contract, that contract shall be formed if the person in whose favor the promise was made consents to it and his consent…
- Article 74Payment of earnest money at the time of concluding the contract signifies that each party has the option to withdraw from it, unless it appears that they intended…
- Article 75If the person who paid the earnest money withdraws, he shall forfeit it. If the person who received it withdraws, he shall be obliged to return it and pay an equal…
- Article 761 - If neither agreement nor custom specifies a time for exercising the option to withdraw, this option shall remain until the contracting party does something…
- Article 771 - Impossibility of performing the obligations arising from the contract for a cause attributable to a contracting party shall be deemed equivalent to his exercise of…
- Article 781 - In auctions, a bidder remains bound by his bid until another bidder submits a better bid, or until the auction closes without an award to anyone, if his bid is the…
- Article 79As an exception to the provision of the preceding Article, a bidder's bid in auctions conducted in envelopes shall not lapse by reason of a better bid. The person…
- Article 80The formation of a contract is not precluded by acceptance from one of its parties being in submission to the will of the other party, through agreeing to submit to a…
- Article 81If a contract is concluded by adhesion and contains unfair terms, the judge may, upon the application of the adhering party, modify those terms to remove their prejudice…
- Article 82In contracts of adhesion, doubt shall always be interpreted in favor of the adhering party. 2 - Soundness of consent
- Article 83Consent to a contract shall be sound only if given by a person having capacity to conclude it and free from defects vitiating it. Capacity
- Article 84Every person has capacity to contract, unless the law declares that person to lack capacity or restricts that capacity.
- Article 851 - A minor, an insane person, and a person of impaired intellect are interdicted by virtue of their status. 2 - A spendthrift and a person of weak judgment shall be…
- Article 861 - A minor lacking discernment has no capacity to undertake legal acts. All his acts shall be void. 2 - Anyone who has not completed his seventh year is deemed to lack…
- Article 871 - The dispositions of a discerning minor are valid if purely beneficial to him and void if purely detrimental to him. 2 - His dispositions which are inherently capable…
- Article 881 - If a discerning minor reaches eighteen years of age, and his guardian or testamentary guardian perceives in him the ability to manage his property himself, he may…
- Article 89Permission to administer may be withdrawn or restricted after it has been granted. However, it does not become invalid upon the cessation of the guardianship of the…
- Article 90Permission for a minor to administer property, or its withdrawal or restriction, shall be effected by an official attestation, without prejudice to the requirements of…
- Article 911 - If the guardian refuses permission for the minor to manage, restricts it or withdraws it after granting it, the court may, upon the application of the minor, the…
- Article 921 - A minor authorized to administer shall have capacity to carry out the dispositions required for administering the property delivered to him, within the limits of the…
- Article 931 - A discerning minor, whatever his age, has capacity to dispose of property given to him for his maintenance, and also has capacity to undertake other legal acts so…
- Article 941 - A minor possessing discernment shall, upon reaching fifteen, have capacity to conclude an employment contract if it is of indefinite duration; if its duration is…
- Article 95A minor possessing discernment shall, upon reaching eighteen, have capacity to make a will.
- Article 961 - Every person who has attained the age of majority shall have full capacity to undertake legal dispositions, unless a judgment has previously been issued continuing…
- Article 971 - A person of deficient capacity is not precluded from invoking his deficient capacity, as prescribed by law, by having claimed to possess capacity. 2 - However, if…
- Article 981 - An insane person lacks capacity to act, and all his dispositions shall be void. 2 - If the insanity is not continuous and the disposition occurs during a lucid…
- Article 100If the person's insanity or mental deficiency is commonly known, or the court has appointed a curator for him, he shall be presumed to have entered into the disposition…
Articles 101 – 20097
- Article 1011 - The dispositions of a prodigal and a person of weak understanding, after publication of the interdiction decision, shall be governed by the provisions concerning…
- Article 102A disposition by a person interdicted for prodigality or heedlessness by way of an endowment or a will shall be valid if the court has permitted him Index of the Law 900…
- Article 1031 - The court may authorize a spendthrift to administer all or part of his property, either without restriction or subject to such restrictions as it deems appropriate.…
- Article 104A prodigal authorized to administer property has capacity to undertake the legal acts required for the administration of such of his property as is delivered to him,…
- Article 1051 - A prodigal has capacity to dispose of the property allocated for his maintenance within the same limits as the capacity of a discerning minor to dispose of…
- Article 106A spendthrift shall have capacity to conclude an employment contract and capacity to dispose of what he obtains from his work, whether wages or otherwise, within the…
- Article 1071 - If a person has a severe physical disability such as to make it difficult for him to comprehend the circumstances of contracting or to express his will, particularly…
- Article 108A disposition in respect of which judicial assistance has been ordered shall be voidable if made by the person, after publication of the decision granting him…
- Article 109If a person is unable, because of his physical or medical condition, to conclude a disposition, even Law Index 956 Home Page Civil Code Decree-Law No. 67 of 1980 AD…
- Article 1101 - Guardianship over a minor's property belongs to his father, then to the guardian selected by the father, then to the paternal grandfather, then to the guardian…
- Article 111A natural guardian or appointed guardian must be upright and competent, and must also be an adult of sound judgment, not interdicted for insanity, mental deficiency,…
- Article 1121 - If the minor is Kuwaiti, and guardianship over his property is not vested in his father, or in the testamentary guardian chosen by his father or his grandfather,…
- Article 1131 - A father’s selection of a testamentary guardian for his minor shall not be recognized unless it is contained in an official instrument, an instrument in which the…
- Article 1141 - If serious grounds exist for fearing harm to the minor's property from the guardianship of his father, grandfather, or selected guardian, the court may, at the…
- Article 1161- Legal guardianship or appointed guardianship shall extend to all the minor's property. Appointed guardianship may be limited by the father's will or by a judicial…
- Article 1171 - Trusteeship over the property of a child in utero shall, as regards the person undertaking it, be established in the same manner as guardianship over a minor's…
- Article 1181 - The trustee of the property of an unborn child shall undertake its preservation and administration and carry out the dispositions they require. 2 - Nevertheless, he…
- Article 119A father may select more than one guardian for his minor child. There may also be multiple court-appointed guardians if the minor's interest so requires.
- Article 1201 If there are several guardians, whether chosen or appointed, none of them may act alone unless the father or the court, as the case may be, has specified the…
- Article 121If multiple testamentary guardians disagree when their unanimity is required, the court shall, upon the application of any of them, the Department of Minors' Affairs, or…
- Article 122The court may, upon the application of the Department of Minors’ Affairs or any interested party, appoint a special guardian for the minor, whose authority it shall…
- Article 1231 - If guardianship over a minor's property is vested in someone other than the Department of Minors' Affairs, a supervisor may be installed alongside the guardian, even…
- Article 124The supervisor shall oversee the appointed guardian's acts. He shall refer to the court every matter whose referral is required by the minor's interests.
- Article 125The appointed guardian must provide the supervisor with every clarification he requests concerning his dispositions of the minor's property, and enable him to inspect…
- Article 1261 - If the office of the testamentary guardian becomes vacant, the supervisor must attend to the minor’s property until the court appoints another guardian for him. 2 -…
- Article 1271 - The natural guardian may undertake, on behalf of his minor ward, dispositions that are purely beneficial to the latter. 2 - If a donation to the minor is coupled…
- Article 1281 - A guardian may undertake on behalf of his minor the transactions required for the preservation, management and investment of the minor’s property. 2 - However, the…
- Article 129The guardian may undertake dispositions for consideration in the property of his minor, subject to the restrictions prescribed in the following articles.
- Article 130The guardian may not, without the court's permission, sell the minor's immovable property or commercial establishment, or lease it to himself, his spouse, or relatives…
- Article 132If the property has devolved upon the minor by way of a testamentary disposition or donation, and the testator or donor stipulated that the guardian must not dispose of…
- Article 1331 - The guardian may not make donations from the minor's property. 2 - However, if the minor's property is ample, the guardian may make donations from it that do not…
- Article 134The guardian may neither lend nor borrow the minor's property.
- Article 135The guardian may not pledge the minor's property except for a debt owed by that minor himself.
- Article 136All restrictions on the guardian's authority shall not apply to property that has passed from him to the minor by way of donation, even indirectly. Authority of the…
- Article 1371 - The guardian, even if selected by the father, shall have authority over the minor's property within the same limits prescribed by law for the Minors' Affairs…
- Article 139In appointing a curator for a person under interdiction, the court shall have regard to appointing the most judicious, then the next most judicious, of his male…
- Article 140All provisions applicable to a testamentary guardian apply to a curator, particularly with regard to the qualifications required of him, the limits of his powers, his…
- Article 1411 - If a person is established to be missing, in that it is unknown whether he is alive or dead, the court shall appoint a curator for him, who shall have authority over…
- Article 142If, before becoming missing or absent, a person appointed an agent to administer his property, the court shall appoint that agent as curator if he meets the conditions…
- Article 143The curator of a missing or absent person shall have the powers of a testamentary guardian, and the provisions governing the latter shall apply to him. General…
- Article 1441 - A person entrusted with guardianship over the property of a minor, an interdicted person, a missing person, or an absentee is entitled to appropriate remuneration…
- Article 145If guardianship, testamentary guardianship or curatorship ceases for any reason in respect of the person exercising it, he must deliver the ward’s property to the person…
- Article 146The father, grandfather, and mother, in exercising legal guardianship, guardianship, or curatorship, shall be liable only , for their gross fault, even if they receive…
- Article 1471 - If a contracting party makes a mistake that induces him to consent to the contract, such that he would not have given his consent but for that mistake, he may…
- Article 148The fact that a mistake concerns a rule of law in a matter relating to contracting does not preclude giving effect to that mistake.
- Article 149A person whose consent resulted from a mistake may not invoke his mistake in a manner contrary to the requirements of good faith. The other party may, in particular,…
- Article 150Mere errors of calculation or slips of the pen do not affect the validity of the contract. Fraud
- Article 151Annulment of the contract for fraud may be requested by a person whose consent resulted from artifices directed at him with the intention of deceiving him and thereby…
- Article 152Lying when providing information concerning the facts and circumstances of contracting, or remaining silent about them, shall be deemed equivalent to devices…
- Article 1531 - Annulment of a contract on the ground of fraud requires that the stratagems have emanated from the other contracting party, his representative, one of his…
- Article 154As an exception to the provisions of the preceding Article, in gratuitous contracts, annulment of the contract may be sought if consent resulted from fraud, irrespective…
- Article 155If each contracting party resorts to fraud against the other and thereby induces him to contract, neither may invoke annulment of the contract. Duress
- Article 1561 - Annulment of the contract on grounds of duress may be sought by a person who consented to the contract under the influence of fear existing in his mind and induced…
- Article 1571 - For duress to have effect, the fear that induced the contracting party to consent to the contract must have been instilled in him by the act of the other contracting…
- Article 158In donations, annulment may be requested if consent thereto resulted from duress, regardless of the person from whom the duress emanated. Exploitation
- Article 159If a person exploits another's compelling need, manifest recklessness, apparent weakness, or unbridled passion, or exploits his moral ascendancy over him, and thereby…
- Article 160In gratuitous contracts resulting from exploitation, the judge may, at the donor's request, annul the contract or reduce the amount of the property donated according to…
- Article 1611 - An action based on exploitation is time-barred upon the lapse of one year from the conclusion of the contract. 2 - However, if the contract resulted from…
- Article 162Lesion that does not result from mistake, fraud, duress, or exploitation shall have no effect on the contract, except in the special cases expressly provided for by law,…
- Article 1631 - If a contract results in gross lesion to the State or another public legal person, to a person lacking capacity or having diminished capacity, or to an endowment,…
- Article 164The party contracting with the party suffering from disparity in exchange may avert modification of the effect of the contract by requesting rescission, unless the party…
- Article 165A contract concluded by auction or tender may not be challenged on grounds of lesion if it was concluded in accordance with the requirements of the law.
- Article 166An action for gross disparity shall be time-barred if not brought within one year, commencing, for the State or other public legal persons and the waqf entity, from the…
- Article 167The subject matter of the obligation that the contract is to create must be possible in itself; otherwise, the contract shall be void. Index of the Law 964 Home Page…
- Article 168A contract may concern a future thing, unless the existence of that thing depends on pure chance, subject to the provisions of the following Article.
- Article 169Dealings in the estate of a person who is still alive are void, even if undertaken by him or with his consent, except in the special cases permitted by law.
- Article 170A contract may concern the property or act of a third party, without imposing any obligation on that third party without his consent.
- Article 1711 - The subject matter of the obligation must be specified in a manner excluding gross uncertainty; otherwise, the contract shall be void. - If the obligation concerns a…
- Article 172If the subject matter of the obligation is contrary to the law, public order or good morals, the contract shall be void.
- Article 173If the subject matter of the obligation is the payment of a sum of money, the debtor shall be bound by its numerical amount specified in the contract, without any effect…
- Article 1741 - In obligations to pay a sum of money, payment shall be made in Kuwaiti currency. 2 - Nevertheless, if payment in a foreign currency is agreed upon, payment must be…
- Article 1751 - A contract may contain any condition agreed upon by the contracting parties, provided it is not prohibited by law or contrary to public order or good morals. 2 - If…
- Article 1761 - The contract shall be void if the contracting party undertakes an obligation without cause or for an unlawful cause. 2 - In determining cause, regard shall be had to…
- Article 177An obligation is presumed to have a lawful cause, even if it is not stated in the contract, until evidence to the contrary is established. Home Page 965 Law Index Civil…
- Article 1781 - The cause stated in the contract shall be deemed the true cause unless evidence to the contrary is established. 2 - If the simulated nature of the cause is…
- Article 179A voidable contract produces its effects unless its annulment is adjudged. If its annulment is adjudged, it shall be considered as though it had never existed.
- Article 1801 - The court may not order the annulment of a voidable contract except upon the application of the person in whose interest the law provides for annulment. 2 - If a…
- Article 181Ratification of a voidable contract by the person entitled to seek its annulment, whether express or implied, purges it of the defect to which the ratification relates…
- Article 1821 - Any interested person may formally notify the person entitled to annul the contract that he must express his wish to ratify or annul it within a period of not less…
- Article 1831 - The right to annul the contract shall lapse if its holder does not invoke it within three years from the time its cause ceases, unless the law provides otherwise. 2…
- Article 1841 - A void contract produces no effect. Any interested person may invoke its nullity, and the court may rule on it of its own motion. Index of the Law 966 Home Page…
- Article 185A void contract cannot be validated by ratification.
- Article 1861 - A void contract is not validated by the passage of time. 2 - However, an action for nullity is time-barred upon the lapse of fifteen years from the date of the…
- Article 1871 - If the contract is void or annulled, the contracting parties shall be restored to the position they were in at the time of the contract, unless the law provides…
- Article 188A person lacking capacity or having diminished capacity shall, in the event of the nullity or annulment of the contract, be bound only to the extent of any legally…
- Article 1891 - Annulment of the contract may not be invoked against the particular successor of the other contracting party if that successor acquired his right for consideration…
- Article 1901 - If nullity or annulment affects a part of the contract, it shall be confined to that part alone, to the exclusion of the remainder of the contract. 2 - However, if…
- Article 1911 - If a contract is void or annulled, and the essential elements necessary for another contract can be derived from it, that other contract shall come into existence. 2…
- Article 1921 - If a contract is void or annulled because of the fault of one contracting party, the other contracting party or a third party may claim compensation from him for the…
- Article 1931 - If the wording of the contract is clear, it may not be departed from by interpretation in order to ascertain the will of the contracting parties. 2 - If there is…
- Article 1941 - If ambiguity surrounding a contractual term cannot be removed and doubt remains as to the contracting parties' true intention concerning it, the doubt shall be…
- Article 195A contract is not limited to the terms contained in it or the provisions of law applicable to it, but also includes what is considered incidental to it in accordance…
- Article 196The contract is the law of the contracting parties; neither may unilaterally revoke it or amend its provisions, except within the limits permitted by the agreement or…
- Article 197The contract must be performed according to the provisions it contains and in a manner consistent with the requirements of good faith and honorable dealing.
- Article 198If, after the contract has been concluded and before its performance has been completed, exceptional circumstances of a general nature arise which could not have been…
- Article 199If a simulated contract is concluded, the reality shall govern as between the contracting parties and the universal successors of each, and the concealed contract, if…
- Article 2001 - If a simulated contract is concluded, the creditors of each of the two contracting parties and the particular successor of either of them may prove the simulation by…
Articles 201 – 30099
- Article 2011 - The effects of the contract extend to the contracting parties and universal successors, without prejudice to the provisions on inheritance. 2 - However, the effects…
- Article 2021 - If a contract creates personal rights connected with specific property in such a manner as to make them its appurtenances, or creates obligations connected with it…
- Article 203Contracts neither benefit nor prejudice persons other than the contracting parties and their successors, although they affect the general security established for their…
- Article 2041 - If a person undertakes towards another to cause a third party to assume an obligation towards that other person concerning a specified matter, he, and not that third…
- Article 2051 - A person contracting on his own behalf may stipulate that the other contracting party undertake to perform specified obligations for a third party, if the stipulator…
- Article 2061 - A stipulation for the benefit of a third party shall establish for the beneficiary a personal right against the promisor, which he may enforce directly against him,…
- Article 207The promisor may invoke against the beneficiary all defenses arising for him from the contract of stipulation that he could have invoked against the stipulator.
- Article 2081 - The stipulator, but not his heirs or creditors, may revoke the stipulation before the beneficiary declares to the stipulator or the promisor his wish to benefit from…
- Article 2091 - In contracts binding on both parties, if one contracting party fails to perform his obligation when it falls due, and after he has been formally put in default, the…
- Article 2101 - A term deeming the contract rescinded automatically without a court judgment, or a term restricting the court's authority with respect to rescission of the contract,…
- Article 2111 - If the contract is rescinded, it shall be deemed never to have existed, and the contracting parties shall be restored to the position they were in when it was…
- Article 212In continuing contracts, rescission shall have effect only from the time it occurs.
- Article 2131 - Rescission of the contract may not be invoked against a particular successor of either contracting party if that successor acquired his right for consideration and…
- Article 2141 - In contracts binding on one party, if performance of the obligation becomes impossible for an external cause beyond the debtor's control, the contract shall be…
- Article 2151 - In contracts binding on both parties, if performance of either party's obligation becomes impossible for an extraneous cause beyond his control, that obligation…
- Article 216If the contract is dissolved, it shall be deemed never to have existed, and the contracting parties must be restored to the position they were in upon its conclusion,…
- Article 2171 - The contracting parties may mutually rescind the contract by consent after its conclusion, so long as its subject matter remains in existence and in the possession…
- Article 218Mutual cancellation is deemed, in its effect, equivalent to rescission as regards the contracting parties and equivalent to a new contract as regards third parties.…
- Article 219In contracts binding on both parties, if the reciprocal obligations are due for performance, either contracting party may refrain from performing his obligation if the…
- Article 2201 - A unilateral juridical act shall neither create an obligation nor modify or terminate an existing obligation, except in the special cases provided for by law. 2 - If…
- Article 221Anyone who promises the public a reward for a specified act shall be obliged to give the reward to whoever performs that act in accordance with the announced conditions,…
- Article 2221 - If the promisor fixes a period for the promise of a reward, he may not revoke the promise during that period, and the promise shall lapse upon its expiry. - If the…
- Article 2231 - Revocation of the promise of a reward shall have effect only from the date it is announced to the public, and shall not affect the right to the reward of anyone who…
- Article 224The promisor must decide entitlement to the prize within six months from the date of expiry of the period specified in the announcement, unless the announcement provides…
- Article 225Neither the promise of a reward nor its payment to the person entitled to it shall confer on the promisor a right to the fruits of the work, unless the terms of the…
- Article 226An action claiming the prize or other rights arising from the promise of it is time-barred upon the lapse of six months from the expiry of the period for determining…
- Article 2271 - Whoever causes damage to another by his wrongful act shall be obliged to compensate him, whether he causes the damage directly or indirectly. 2 - A person shall be…
- Article 2281 - If several persons caused the damage through their fault, each shall be obliged, toward the injured party, to compensate for all the damage. 2 - The burden of…
- Article 229If the fault that caused the damage was committed by its perpetrator as a result of incitement or assistance, the damage shall be deemed to result from the fault of both…
- Article 2301 - The harm for which the person responsible for an unlawful act is obliged to compensate shall be determined by the loss incurred and the profit forgone, insofar as…
- Article 2311 - Compensation for an unlawful act covers damage, even if it is moral damage. 2 - Moral damage includes, in particular, the physical or psychological harm suffered by…
- Article 232The right to compensation for moral damage shall not be transferred unless its value is determined by law or agreement, or the creditor has claimed it before the courts.…
- Article 233If a person proves that the damage arose from an extraneous cause beyond his control, such as force majeure, a fortuitous event, an act of the injured party, or an act…
- Article 2341 - If a person’s fault contributes, together with the injured party’s fault, to causing the harm, he shall be liable for compensation only to an extent proportionate to…
- Article 235A person who causes damage while lawfully defending his own person, honor or property, or the person, honor or property of another, shall not be liable to compensate for…
- Article 236A person who, in order to avert a grave and imminent danger threatening himself or another in person, honor, or property, and in whose creation he had no part, is…
- Article 237A public employee shall not be liable for his act that harmed another if he performed it in execution of an order of the law or an order issued to him by his superior,…
- Article 2381 - Every person required by law or agreement to supervise a person in need of supervision because of his minority or his mental or physical condition shall be obliged,…
- Article 2391 - The State's liability shall replace the teacher's liability. If the teacher works in a private school or institute, the liability of the owner of the school or…
- Article 2401 - A superior shall be liable to the injured person for damage caused by his subordinate's unlawful act whenever it occurs in the performance of his duties or by reason…
- Article 241A person liable for the act of another may recover from that other person everything he pays to the injured party as compensation for that person’s unlawful act.
- Article 242Anyone occupying premises for habitation or other purposes shall be liable to the injured party for compensation for damage caused to him by things thrown or falling…
- Article 2431 - Whoever has custody of a thing requiring special care to prevent damage from it shall be obliged to compensate the damage caused by that thing, unless he proves that…
- Article 2441 - Any person threatened with harm from a particular thing may demand that its owner or custodian take the measures necessary to avert its danger. 2 - If the owner or…
- Article 245If no agreement is reached on determining compensation for the damage arising from an unlawful act, the judge shall determine it, without prejudice to the provisions of…
- Article 2461 - The judge shall assess compensation in money. 2 - The judge may, according to the circumstances and at the injured party’s request, order restoration of the previous…
- Article 2471 - The judge shall determine compensation in the amount he considers sufficient to make good the damage in accordance with Articles 230 and 231, having regard to the…
- Article 248If the damage is to the person, compensation for the injury itself shall be determined according to the rules of Sharia diya, without distinction between one person and…
- Article 249The right to diya (blood money) does not form part of the creditors’ general security.
- Article 2511- Full blood money is assessed at twenty thousand dinars. Its amount may be amended by decree. 2- A schedule of blood-money payments shall be issued by decree, in…
- Article 252The judge may order compensation to be paid in instalments or in the form of a periodic income for a specified period or for life. He may then order the debtor to…
- Article 2531 - An action for liability for an unlawful act is time-barred upon the lapse of three years from the day the injured party becomes aware of the damage and of the person…
- Article 254Any agreement concluded before liability for an unlawful act arises, and having the effect of wholly or partially exempting from such liability, shall be void. Second…
- Article 255If personal injury occurs that entails diya in accordance with the provisions of Islamic Sharia and the contents of the schedule of diyat stipulated in Article 251, and…
- Article 2561- If bodily injury occurs that requires payment of diya in accordance with the provisions of Islamic Sharia and the contents of the schedule of diyas stipulated in…
- Article 257In all cases of liability for personal injury, such liability shall not arise if it is established that the injured person deliberately injured himself, or that the…
- Article 258Liability for personal injury is limited to all or part of the blood money, in accordance with the provisions of Islamic law and the contents of the schedule of blood…
- Article 259Recovery of diya as an indemnity for personal injury shall not preclude the injured person's right to seek compensation for other harm from the person liable for it…
- Article 2601 - If the State pays the blood money pursuant to Article 256, it shall be subrogated to the injured person's right thereto against the person legally liable for it. 2 -…
- Article 261The provisions governing liability for unlawful acts apply to compensation for bodily harm insofar as they do not conflict with the special provisions concerning it…
- Article 262Whoever is enriched, without lawful cause, at another's expense shall, to the extent of his enrichment, be obliged to compensate that other person for the damage…
- Article 263An action for enrichment without cause shall lapse upon the passage of three years from the day on which the person who suffered the loss becomes aware of his right to…
- Article 264Anyone who receives what is not due to him shall be obliged to return it.
- Article 265If payment was made in performance of an obligation not yet due, and the payer was unaware of the existence of the term, the creditor may confine himself to returning…
- Article 266There shall be no recovery of what is due if payment was made by someone other than the debtor and, as a result, the creditor, acting in good faith, relinquished the…
- Article 2671 - If the recipient of what was not due acted in good faith, he shall be obliged to return only what he received. If he acted in bad faith, he shall also be obliged to…
- Article 268If the person who received what was not due lacks contractual capacity, he shall be obliged to make restitution only to the extent of the legally recognized benefit…
- Article 2691 - Management of another's affairs without mandate consists of a person intentionally undertaking an urgent matter on behalf of another person without being obliged to…
- Article 270If the person whose affairs are managed ratifies what the voluntary intervener has done, the rules of agency shall apply.
- Article 271The person managing another's affairs without mandate must continue the work he has begun until the person whose affairs are being managed can undertake it himself. He…
- Article 2721 - The voluntary intervener shall exercise the care of an ordinary person in performing the work. If he falls short in this respect, he shall compensate for the damage…
- Article 273If a voluntary manager of another's affairs entrusts all or part of the work to another person, he shall be liable for that person's acts to the person whose affairs are…
- Article 274The unauthorized manager shall return to the owner of the affairs everything he received by reason of the unauthorized management, and shall also render him an account…
- Article 2751 - If the voluntary manager dies, his heirs shall owe the principal the obligations owed by an agent’s heirs towards his principal. 2 - If the principal dies, the…
- Article 2761 - An unauthorized manager shall be regarded as the principal's representative if he exercised the care of an ordinary person in undertaking the work, even if the…
- Article 277If the volunteer managing another's affairs lacks contractual capacity, he shall, in undertaking the work, be liable only to the extent of his enrichment, unless his…
- Article 278An action for management of another's affairs without mandate shall lapse upon the expiry of three years from the day of knowledge that the right has arisen, or upon the…
- Article 279Obligations imposed by law on facts other than contract, unilateral will, harmful acts, and beneficial acts shall be governed by the provisions specific to them. Part…
- Article 2801 - If the debtor does not perform the obligation voluntarily, it shall be enforced compulsorily against him. -2 Nevertheless, if the obligation is a natural obligation,…
- Article 281In the absence of a provision, the judge shall determine when a moral duty is considered a natural obligation, taking into account the general consciousness of the…
- Article 282The debtor may not recover what he voluntarily performed with the intention of discharging a natural obligation, nor shall he be considered a donor in respect of what he…
- Article 283A natural obligation may constitute the cause of a civil obligation. (First) Specific performance:
- Article 2841 - The debtor shall, after being formally put in default, be compelled to perform his obligation in kind whenever this is possible. 2 - Nevertheless, if performance in…
- Article 285If the subject matter of the obligation is the transfer of a right in rem over a thing specified by its kind, and the debtor has not set apart a thing of that same kind…
- Article 286The obligation to transfer a right in rem includes the obligation to deliver the thing and preserve it until delivery.
- Article 2871 - If the debtor undertakes to deliver a thing and fails to deliver it after being formally put in default, the risk of its destruction shall fall on him, even if the…
- Article 2881 - In an obligation to perform an act, if the debtor fails to perform his obligation, the creditor may request judicial authorization to perform the obligation at the…
- Article 289The judge’s judgment shall stand in place of performance if the nature of the obligation permits this.
- Article 2901 - If the debtor is required to preserve or administer a thing, or to exercise caution in performing his obligation, he shall have fulfilled the obligation if he…
- Article 291If the debtor is obliged to refrain from an act and breaches that obligation, the creditor may request the removal of what was done in breach of the obligation, and may…
- Article 2921 - If performance of the obligation in kind is impossible or inappropriate unless undertaken by the debtor himself, the creditor may request a judgment ordering the…
- Article 293Where performance of the obligation in kind is impossible, or is delayed, the debtor must compensate the damage sustained by the creditor as a result, unless the debtor…
- Article 294If the creditor's fault combines with the debtor's fault in causing the damage, without either fault subsuming the other, the court shall rule that compensation be…
- Article 295It may be agreed that the debtor shall bear the risk of force majeure or a fortuitous event. Article 296 (1) It may be agreed to exempt the debtor from any liability…
- Article 296It may be agreed to exempt the debtor from any liability arising from failure to perform his contractual obligation or delay in its performance, except that arising from…
- Article 297Compensation is due only after the debtor has been formally placed in default, unless the agreement or the law provides otherwise.
- Article 298The debtor shall be placed in default by a formal notice or an official instrument serving in place of formal notice. He may also be placed in default by any other…
- Article 299Formal notice is unnecessary in the following cases: (a) If it is agreed that the debtor shall be considered in breach of the obligation merely by failing to perform it…
- Article 3001 - The court shall assess compensation if it has not been assessed in the contract or pursuant to a provision of law. 2 - Compensation shall include the loss sustained…
Articles 301 – 40099
- Article 301Compensation includes moral damage, and Articles 231 and 232 apply thereto.
- Article 302If the subject of the obligation is not a sum of money, the contracting parties may assess compensation in advance in the contract or in a subsequent agreement.
- Article 303The agreed compensation shall not be due if the debtor proves that the creditor has suffered no damage, (1) Amended pursuant to Law No. 15 of 1996 Law Index 982 Home…
- Article 304If the harm exceeds the amount of the agreed compensation, the creditor may not claim more than that amount unless he proves that the debtor committed fraud or gross…
- Article 3051 - Every agreement to collect interest in return for the use of a sum of money or for delay in discharging the obligation to pay it shall be void. Every benefit or…
- Article 306If the subject matter of the obligation is a sum of money, and the debtor fails to pay it after being formally placed in default, despite his ability to pay, and the…
- Article 3071 - All the debtor's property stands as security for the payment of his debts. 2 - All creditors are equal in respect of this security, except those among them who have…
- Article 3081 - Every creditor, even if his right is not due for payment, may exercise in his debtor's name that debtor's pecuniary rights, except those strictly personal to him or…
- Article 309In exercising his debtor’s rights, the creditor is deemed to act as his representative. (Second) Action for the Ineffectiveness of Dispositions:
- Article 310Any creditor whose claim is due and whose debtor has made a disposition prejudicial to him may request that the disposition be declared ineffective against him, if it…
- Article 3111 - If the debtor's disposition is for consideration, its ineffectiveness against the creditor shall require fraud on the debtor's part and the disponee's knowledge of…
- Article 3121 - If the debtor's disposition is for consideration, and the successor to whom the disposed-of right passed then disposes of it to another successor for consideration,…
- Article 313If the creditor alleges the debtor's insolvency, he need only prove the debts owed by the debtor. If the debtor alleges his solvency, he must prove that he has property…
- Article 314If a disposition is declared ineffective, all creditors to whose detriment that disposition was made shall benefit therefrom.
- Article 315The transferee may secure release from the action if he deposits with the treasury of the Enforcement Department an amount equivalent to the value of the property…
- Article 3161 - If the debtor's disposition gives preference to one creditor over another, the creditor may seek to have the disposition declared ineffective against him, subject to…
- Article 317The action for the ineffectiveness of a disposition lapses upon the expiry of three years from the day on which the creditor learned of the reason for the disposition’s…
- Article 3181 - Anyone obliged to perform something may withhold performance so long as the creditor has not offered to perform an obligation incumbent upon him that is due and…
- Article 3191 - The retaining party shall preserve the thing and render an account of its yield. 2 - If the retained thing is feared to perish or deteriorate, the retaining party…
- Article 320The mere right to retain a thing does not confer on the person retaining it a preferential right over it.
- Article 321If the retained thing perishes or is damaged, the right of retention shall pass to any substitute payment or compensation due as a result. The provisions governing…
- Article 3221 - The right of retention shall expire when the thing leaves the possession of the retaining party. 2 - Nevertheless, if the thing leaves his possession without his…
- Article 323ء of An obligation is conditional if its existence or extinction depends on a future event whose occurrence is uncertain.
- Article 3241 - If the condition upon which the obligation depends is contrary to public order or morals, or is impossible, it shall prevent the obligation from arising if the…
- Article 325An obligation shall not arise if it is subject to a suspensive condition making its existence dependent solely upon the will of the obligor.
- Article 3261 - An obligation subject to a suspensive condition shall arise only if the condition is fulfilled. 2 - However, before the condition is fulfilled, the creditor may take…
- Article 3271 - An obligation subject to a resolutory condition takes effect immediately. If that condition is fulfilled, the obligation shall cease, and the creditor must return…
- Article 3281 - If a condition is fulfilled, whether suspensive or resolutory, its effect shall relate back to the time the contract was concluded, unless it appears from the…
- Article 329An obligation is subject to a term if its taking effect or its termination depends upon a future event certain to occur, even if the time at which it will occur is…
- Article 3301 - If the obligation is subject to a suspensive term, it shall not become effective until the time when the term expires. 2 - However, even before the expiry of the…
- Article 3311 - A suspensive term is presumed to have been stipulated for the debtor's benefit, unless the law provides, or it appears from the contract or the circumstances, that…
- Article 332(b) If, by his act, he substantially impairs the special security given to the creditor, even if that security was given by a subsequent contract or pursuant to law,…
- Article 333A deferred debt becomes due upon the debtor’s death unless it is secured by special security or the heirs provide sufficient security.
- Article 334If it appears from the obligation that the debtor is to perform it only when able or when solvent, the court shall fix an appropriate date for the term to fall due,…
- Article 335The expiry of a resolutory term shall terminate the obligation without such termination having retroactive effect. Chapter Two Multiplicity of the Subject Matter of an…
- Article 336The subject matter of an obligation may be one of several non-fungible or fungible things of different genera, and the option to designate it shall belong to the debtor…
- Article 3371 - An option to designate requires specification of the period within which the option may be exercised. If the option is granted without a period, the court shall…
- Article 3381 - If the option of selection belongs to the debtor and one of the two things perishes in his possession, he may require the creditor to accept the second thing. If…
- Article 339The option of designation passes to the heir. (Second) Facultative obligation:
- Article 341Solidarity among creditors or among debtors shall not be presumed, but shall arise by agreement or a provision of law, subject to the rules of commerce. 1 - Solidarity…
- Article 3421 - Solidary creditors, jointly or individually, may demand the entire debt from the debtor, taking into account any qualification attaching to each creditor's…
- Article 3431 - The debtor may pay the entire debt to any of the solidary creditors unless another creditor has formally notified him to refrain from doing so. 2 - Nevertheless,…
- Article 3441 - If the debtor is discharged towards one of the solidary creditors for a reason other than payment, he shall not be discharged towards the other creditors except to…
- Article 345Whatever one of the joint and several creditors collects of the debt becomes the entitlement of all the creditors, and they shall divide it equally unless an agreement…
- Article 3461 - The creditor may demand the debt from the joint and several debtors collectively or individually, taking into account any qualification attaching to each debtor's…
- Article 3471 - Satisfaction of the debt by one of the joint and several debtors, in kind or by substitute performance, shall discharge him and the remaining debtors. 2 - If one of…
- Article 348Novation of the debt between the creditor and one of the joint and several debtors results in the discharge of the remaining debtors, unless the creditor reserves his…
- Article 349A joint and several debtor may invoke a set-off occurring between the creditor and another joint and several debtor only to the extent of that other debtor's share.
- Article 350If the capacities of creditor and one of his joint and several debtors merge, the debt shall not be extinguished in respect of the remaining debtors except to the extent…
- Article 3511 - If the creditor releases one of the joint and several debtors, the remaining debtors shall not be discharged unless the creditor expressly declares this. 2 - If the…
- Article 352If the creditor releases one of the solidary debtors from solidarity, his right of recourse against the others for the entire debt shall remain, unless otherwise agreed.
- Article 3531 - In all cases in which the creditor releases one of the joint and several debtors, whether from the debt or from joint and several liability, the remaining debtors…
- Article 3541 - If an action is barred from being heard by lapse of time in respect of one of the joint and several debtors, the other debtors shall benefit therefrom only to the…
- Article 3551 - A joint and several debtor shall, in relation to performance of the obligation, be liable only for his own act. 2 - If the creditor serves formal notice on one of…
- Article 356If the creditor reaches a settlement with one of the solidary debtors and the settlement includes remission of the debt or discharge from it by any other means, the…
- Article 3571 - If one of the joint and several debtors acknowledges the debt, that acknowledgment shall not be effective against the others. 2 - If one of the joint and several…
- Article 3581 - If a judgment is rendered against one of the joint and several debtors, it may not be invoked against the others. 2 - If, however, the judgment is rendered in favour…
- Article 3591 - If one of the joint and several debtors pays the entire debt or more than his share thereof, or discharges it by a means equivalent to payment, he may have recourse…
- Article 360If one of the joint and several debtors is alone the party with an interest in the debt, he shall bear it in its entirety in his relationship with the others. (Second)…
- Article 361An obligation shall be indivisible: (a) If its subject matter is by its nature incapable of division. (b) If it appears from the purpose sought by the contracting…
- Article 362If there are multiple debtors in an indivisible obligation, each shall be bound to perform the obligation in full. The debtor who performs shall have recourse against…
- Article 363If there are multiple creditors in an indivisible obligation, or multiple heirs of the creditor in that obligation, Law Index 990 Home Page Civil Code Decree-Law No. 67…
- Article 364A creditor may assign to another person his claim against his debtor, unless prohibited by a provision of law, the contracting parties' agreement, or the nature of the…
- Article 365A right may be assigned only to the extent that it is capable of attachment.
- Article 366The assignment shall not be effective against the debtor or third parties unless the debtor accepts it or is served notice thereof, provided that its effectiveness…
- Article 367The assignee creditor may, even before the assignment becomes effective against the debtor and third parties, take measures to preserve the assigned right.
- Article 368The right shall pass to the assignee with its attributes, accessories, and securities.
- Article 369The assignor shall deliver to the assignee the instrument evidencing the assigned right and provide him with the means of proving it and the particulars necessary to…
- Article 370The debtor may assert against the assignee the defenses that he was entitled, at the time the assignment became effective against him, to invoke against the assignor. He…
- Article 3711 - If the assignment is for consideration, the assignor warrants only the existence of the assigned right at the time of the assignment, unless there is (3) an…
- Article 372If the assignor guarantees the debtor’s solvency, that guarantee extends only to solvency at the time of the assignment, unless otherwise agreed.
- Article 3731 - If the assignee has recourse against the assignor under the warranty pursuant to the preceding two Articles, the assignor shall not be obliged Law Index 991 Home…
- Article 3741 - The assignor shall be liable to compensate the assignee for any damage sustained by reason of the assignor's personal acts, even if the assignment is without…
- Article 375Where there are multiple assignments of a single right, priority shall be given to the assignment that first becomes effective against third parties.
- Article 3761 - If an attachment is made in the hands of the debtor of the assigned claim before the assignment becomes effective against third parties, the assignment shall, in…
- Article 3771 - An assignment of debt transfers the debt from the liability of the original debtor to the liability of the transferee. 2 - The assignment is restricted if payment…
- Article 3781 - If the transfer of debt is concluded between the original debtor and the transferee debtor, it shall not be effective against the creditor unless he approves it. 2 -…
- Article 379A transfer of debt is valid by agreement between the creditor and the transferee debtor, but if the original debtor does not approve it, the transferee debtor shall have…
- Article 380If the creditor to whom the debt is transferred is a party to the debt-transfer contract, or ratifies it, the original debtor shall be discharged from the debt.
- Article 3811 - The debt passes to the transferee with its characteristics, accessories and securities. 2 - Nevertheless, a surety, whether real or personal, does not remain bound…
- Article 382The transferee debtor may invoke against the creditor the defenses relating to the debt itself that were available to the transferor debtor, and may also invoke defenses…
- Article 3831 - If the debt to which the transfer was restricted is extinguished for a cause arising after its conclusion, this shall not affect the existence of the transfer, and…
- Article 384In all cases in which the thing sold, the price of which was assigned, is established to belong to a third party, the assigned debtor, if he has paid the price, shall…
- Article 385If a debtor refers his creditor to the depositary by an assignment restricted to the specific thing deposited with him, and the deposit then perishes before being…
- Article 386If the debtor refers his creditor to the usurper by an assignment restricted to the usurped property, and the property perishes in the usurper's possession before…
- Article 387The creditor may not have recourse against the transferor unless recourse was stipulated in the transfer if collection of the debt from the transferee proves impossible,…
- Article 388If the original debtor transfers his debt by an unrestricted transfer and has neither a debt owed to him nor a specific thing held by the transferee debtor, the…
- Article 389If the original debtor transfers his debt by an unrestricted transfer, and has against the transferee debtor a debt or a deposited or usurped specific thing, he shall…
- Article 390If a transfer of debt is concluded subject to a debt or a specific thing, the original debtor may not make a claim against the transferee debtor, and the transferee…
- Article 3911 - Payment of the debt shall be made by the debtor, and may also validly be made by a person entitled to legal subrogation to the creditor pursuant to Article 394. 2 -…
- Article 3921- For performance to be valid, the person rendering performance must own the thing with which he renders performance and have capacity to dispose of it. 2-…
- Article 3931 - If a third party pays the debt, he shall have a right of recourse against the debtor to the extent of what he paid. 2 - Nevertheless, a debtor whose debt was paid…
- Article 394If payment is made by a person other than the debtor, the payer shall be subrogated to the creditor who received satisfaction of his right in the following cases: (a) If…
- Article 3951 - A creditor who has received satisfaction of his right from someone other than the debtor may agree with that third party that the latter shall be subrogated to his…
- Article 396A person subrogated by law or agreement to the creditor shall have the creditor's right with its characteristics, its accessories, the securities securing it, and the…
- Article 3971 - If a person other than the debtor pays the creditor part of his claim and is subrogated to him in respect thereof, the creditor shall not be prejudiced by that…
- Article 398If the possessor of the mortgaged immovable property pays the entire debt and is subrogated to the creditors, he may not, by virtue of that subrogation, have recourse…
- Article 3991 - Payment shall be made to the creditor. 2 - A person presenting to the debtor a discharge issued by the creditor shall be deemed authorized to collect the debt.
- Article 400If payment is made to someone other than the creditor, the debtor shall not be discharged unless the creditor ratifies that payment, or derives a benefit from it, to the…
Articles 401 – 50096
- Article 4011 - If the creditor, without acceptable justification, refuses performance duly tendered to him, refuses to undertake the acts without which performance cannot be…
- Article 402An actual tender of the debt shall take the place of payment if followed by a deposit or an alternative procedure in accordance with the provisions of the Law of…
- Article 403It shall constitute discharge of the debt as regards the debtor if he directly deposits the debt in full, or takes Home Page Law Index 990 Civil Code Decree-Law No. 67…
- Article 4041 - If the debtor makes an actual tender of the debt and follows the tender with a deposit or an alternative procedure, he may withdraw that tender so long as the…
- Article 405Performance shall be made with the thing due; the debtor may not perform by substituting something else without the creditor's consent.
- Article 4061 - The debtor may not compel the creditor to accept partial satisfaction of his right unless an agreement or provision stipulates otherwise. 2 - If part of the debt is…
- Article 407If the debtor is obliged to pay, together with the debt, expenses and compensation for delay in payment, and the amount he pays is insufficient to cover all of these,…
- Article 408If the debtor owes several debts to a single creditor, of the same kind, and what the debtor pays does not satisfy all these debts, the debtor may, upon payment,…
- Article 409If the debt that has been paid is not designated in the manner set out in Article 408, the deduction shall be made against the debt that has fallen due. If several debts…
- Article 4101 - Performance must take place as soon as the obligation arises against the debtor, unless an agreement or provision states otherwise. 2 - However, unless prohibited by…
- Article 4111 - If the debt is deferred, the debtor may pay it before it falls due if the term is exclusively for his benefit, and the creditor may not refuse payment. 2 - If the…
- Article 4121 - Performance shall take place at the debtor's domicile and may also take place at his place of business if the obligation relates to that business. 2 - Nevertheless,…
- Article 413The expenses of performance shall be borne by the debtor unless an agreement, a provision of law, or a custom provides otherwise. Chapter Two Extinguishment of the…
- Article 414If the creditor accepts, in satisfaction of his right, something other than the thing due, this shall stand in place of performance.
- Article 415Performance by substitution, insofar as it transfers ownership of the thing given in satisfaction of the debt, shall be governed by the provisions on sale, particularly…
- Article 4161 - An obligation is novated by the parties' agreement to replace the original obligation with a new obligation differing from it in its subject matter or source. 2 - An…
- Article 417If either the original or the new obligation is void, novation shall not take place. Law Index 997 Home Page Civil Code Decree-Law No. 67 of 1980 AD Promulgating the…
- Article 418Novation is not presumed; rather, it must be expressly agreed upon or clearly inferred from the circumstances.
- Article 4191 - Novation will result in the extinction of the original obligation with its accessories and the creation of a new obligation in its place. 2 - The securities…
- Article 4201 - If the original obligation is secured by real security provided by the debtor, agreement on its transfer to the new obligation shall be made subject to the following…
- Article 421Personal suretyship or joint and several liability shall not pass to the new obligation unless the sureties or the joint and several debtors consent thereto. 2 (Third):…
- Article 4221 - Delegation is effected when the debtor and a third party agree that the latter shall pay the debt alongside him or in his place. - However, discharge of the original…
- Article 4231 - If the delegation entails replacing the delegator's obligation with the delegate's obligation, this shall constitute novation of the obligation by substitution of…
- Article 424The delegate's obligation shall be valid even if his obligation toward the delegator is void or subject to a defense. The delegate shall have only a right of recourse…
- Article 4251 - The debtor has the right to set off what he owes his creditor against what that creditor owes him, even if the causes of the two debts differ, provided that the…
- Article 426Set-off is permissible even if the places of payment of the two debts differ. In that case, the person invoking set-off must compensate the other party for the damage…
- Article 427Set-off shall take place between debts regardless of their source, except in the following cases: a- If the subject matter of one of the two obligations is the return of…
- Article 4281 - Set-off shall occur only if invoked by the person entitled to it, and may not be waived before the right to it is established. 2 - Set-off results in the extinction…
- Article 429If an action concerning the debt is barred by lapse of time when set-off is invoked, that shall not prevent set-off from taking place so long as the period required to…
- Article 4301 - Set-off may not operate to the detriment of third-party rights. - If a third party effects an attachment in the debtor's hands, and the debtor subsequently becomes a…
- Article 4311 - If the creditor assigns his right to a third party and the debtor accepts the assignment without reservation, that debtor may not invoke against the assignee the…
- Article 432If the debtor pays a debt against which he could have requested set-off of a right of his, he may not invoke the securities securing his right to the detriment of third…
- Article 433If the capacities of creditor and debtor in respect of a single obligation unite in one person, that obligation shall be extinguished to the extent of the merger.
- Article 434If the cause that led to merger ceases to exist, and its cessation has retroactive effect, the obligation and its accessories shall revive in relation to all interested…
- Article 4351 - The obligation shall be extinguished if the creditor releases his debtor. The release shall be complete when it comes to the debtor's knowledge and shall be reversed…
- Article 436The substantive provisions governing donations shall apply to release from debt. No particular form is required for it, even if it concerns an obligation whose creation…
- Article 437The obligation shall be extinguished if the debtor proves that its performance has become impossible for him due to an external cause beyond his control. (Third): Lapse…
- Article 438In the event of denial, an action concerning a personal right shall not be heard after fifteen years have elapsed, except in cases where the law specifies another period…
- Article 4391 - Upon denial, an action shall not be heard after five years if it concerns a periodically recurring right, such as rent for buildings and agricultural land, salaries,…
- Article 4411- In the event of denial, an action claiming taxes and fees due to the State shall not be heard after the lapse of ten years. For annual taxes and fees, this period…
- Article 4421- In the event of denial, an action shall not be heard after the expiry of one year if it concerns any of the following rights: A- The rights of merchants and…
- Article 4431 - The period prescribed for barring the hearing of an action concerning the rights provided for in Articles 440 and 442 begins to run from the time when the creditors…
- Article 444The period prescribed for barring the hearing of an action shall be calculated in days, not hours. The first day shall be disregarded, and the period shall be completed…
- Article 4451 - The period prescribed for barring the hearing of an action shall begin to run only from the day on which (1) Amended by Decree-Law No. 4 of 2025 Law Index 1001 Home…
- Article 4461 - The period prescribed for barring the hearing of an action shall not run whenever an impediment exists that makes it impossible for the creditor to claim his right,…
- Article 447If a cause exists that suspends the running of the period prescribed for barring the hearing of the action in respect of some of the creditor’s heirs, the period shall…
- Article 448The period prescribed for barring the hearing of an action shall be interrupted by a judicial claim, even if the action is brought before a court lacking jurisdiction.…
- Article 4491 - The period prescribed for barring the hearing of an action shall be interrupted if the debtor expressly or implicitly acknowledges the creditor's right. 2 - The…
- Article 4501 - If the prescribed period for barring the hearing of an action is interrupted, a new period shall begin from the time the effect arising from the cause of…
- Article 451The non-hearing of an action in respect of a right shall entail the non-hearing of the action in respect of its accessories as well, even if the period prescribed for…
- Article 4521 - The court may not rule of its own motion that an action is not to be heard by reason of the passage of time; rather, this must be at the request of the debtor, his…
- Article 4531 - The defence that an action is barred from being heard by lapse of time may not be waived before the right to it has arisen, nor may an agreement prescribe a period…
- Article 454Sale is a contract for transferring ownership of a thing or transferring another pecuniary right in exchange for monetary consideration. Article No. 455 Sale includes…
- Article 4561 - The buyer must have sufficient knowledge of the thing sold; otherwise, he has the right to request annulment of the sale. 2 - The inclusion in the contract of a…
- Article 4571 - If the sale is by sample, the sale shall be concluded for a thing conforming to it. 2 - If the sample is damaged or destroyed while in the hands of either…
- Article 459The determination of the price may be confined to stating valid bases for its determination. If determination of the price is left to a person who is not a party to the…
- Article 4601 - Failure to mention the price shall render the sale void if it appears from the agreement or the circumstances that the contracting parties intended to transact at…
- Article 461If the price is assessed on the basis of weight, net weight shall be taken into account, unless the parties agree or custom provides otherwise.
- Article 4621 - A sale may be made at cost, by participation, at a profit, or at a loss, if the price at which the seller purchased is known at the time of the contract and the…
- Article 463Sale transfers ownership of the thing sold if it is individually specified and owned by the seller. If the thing sold is specified only by kind, ownership shall not pass…
- Article 465The buyer shall be entitled to the fruits and accretions of the thing sold and shall bear its charges from the time of sale. Nevertheless, if the seller has not received…
- Article 466If the sale does not entail transfer of ownership immediately upon its conclusion, the seller must do everything necessary on his part for its transfer and refrain from…
- Article 467The seller shall deliver the thing sold to the buyer in the condition it was in at the time of sale and shall deliver to him the documents and instruments relating to it.
- Article 468The seller shall provide the buyer with all necessary information about the property sold.
- Article 469If the quantity of the thing sold is specified in the contract, the seller shall warrant any deficiency in that quantity as determined by custom, unless otherwise…
- Article 4701 - If the quantity of the thing sold proves to exceed that specified in the contract, and the price was assessed per unit, then, if the thing sold is divisible, the…
- Article 471An action for rescission of the contract, reduction or supplementation of the price, or return of the excess on account of a deficiency or excess in the thing sold shall…
- Article 4721 - Delivery is effected by placing the thing sold at the buyer's disposal in such a manner that he can possess and use it without impediment, even if he has not…
- Article 473Delivery may take place by the mere mutual consent of the contracting parties if the thing sold is in the purchaser's possession at the time of Law Index 1005 Home Page…
- Article 474If the contract does not specify a time for delivery of the thing sold, the seller shall deliver it immediately upon conclusion of the contract. If it is agreed that…
- Article 4751 - Delivery of the thing sold shall take place where it is located at the time of the contract, unless otherwise agreed. 2 - If the thing sold is movable and its…
- Article 476If the seller undertakes to send the thing sold to a specified place, delivery shall not be completed until it arrives there, unless otherwise agreed.
- Article 477The expenses of delivery shall be borne by the seller, unless agreement or custom provides otherwise.
- Article 478If the thing sold perishes before delivery due to an external cause beyond either contracting party's control. The sale shall be dissolved and the buyer shall recover…
- Article 479If the thing sold partially perishes or is damaged before delivery owing to an extraneous cause for which neither contracting party is responsible, the buyer shall have…
- Article 4801 - If the thing sold is destroyed or damaged by the buyer's act, he shall remain liable for the full price. 2 - If the destruction or damage is attributable to the…
- Article 481The seller shall refrain from interfering with the buyer in respect of all or part of the thing sold, even if otherwise agreed.
- Article 482The seller shall warrant the buyer against interference with all or part of the thing sold by any person claiming a right over it existing at the time of sale and…
- Article 4831 - If an action is brought against the buyer claiming title to the thing sold in whole or in part, he must promptly join the seller in it. Home Page 1006 Index of the…
- Article 4841 - If a third party establishes title to the whole of the thing sold, the buyer may recover the price from the seller and have recourse against him for all losses…
- Article 4851 - If a third party establishes title to part of the thing sold or a right of a third party over it is established, and the purchaser's resulting loss reaches an extent…
- Article 486The seller does not warrant against a right that diminishes the buyer’s enjoyment of the thing sold if the seller disclosed it to the buyer at the time of contracting,…
- Article 4871 - The contracting parties may agree to increase, reduce, or exclude the warranty against eviction. 2 - Nevertheless, any term reducing or excluding the warranty shall…
- Article 488If the exclusion-of-warranty clause is valid, the seller shall nevertheless be liable to refund the price, unless he proves that the buyer knew, at the time of sale, the…
- Article 489The seller shall be bound by the warranty in accordance with the provisions of Article 485 if, at the time of sale, the thing sold has a defect that diminishes its value…
- Article 490The seller does not warrant against a defect customarily tolerated.
- Article 491The seller does not warrant against a defect known to the buyer at the time of sale, or which the buyer could have discovered himself had he examined the thing sold with…
- Article 4921 - Upon receiving the thing sold, the buyer shall ascertain its condition as soon as he is able to do so in accordance with customary dealings. If he discovers a defect…
- Article 493The warranty action shall remain even if the thing sold perishes for any reason whatsoever.
- Article 494If the buyer learns of the defect and then deals with the thing sold as an owner would, he shall have no recourse under the warranty.
- Article 495The contracting parties may, by special agreement, increase, reduce, or exclude the warranty against defects, provided that any term excluding or reducing the warranty…
- Article 4961 - An action on the warranty against defects shall lapse upon the expiry of one year from delivery of the thing sold, even if the buyer discovers the defect only…
- Article 497There shall be no warranty against defects in judicial sales or in administrative sales if conducted by public auction.
- Article 498If, at the time of delivery, the thing sold lacks the qualities whose existence in it the seller warranted to the buyer, the buyer may seek rescission of the sale with…
- Article 4991 - If the seller guarantees the fitness of the thing sold for operation for a specified period, and a malfunction appears in the thing sold during that period, the…
- Article 5001 - The price shall be payable immediately upon completion of the sale, unless an agreement or custom provides otherwise. - If anyone interferes with the buyer on the…
Articles 501 – 600105
- Article 5011 - The price shall be payable at the place where the thing sold is delivered. If the price is not due at the time of delivery of the thing sold, it must be paid at the…
- Article 502If the buyer does not pay the price when due, or breaches the other obligations arising from the sale contract, the seller shall have the choice of seeking to compel the…
- Article 503If all or part of the price is immediately payable, the seller may retain the thing sold until he receives what is due to him, even if the buyer provides a pledge or a…
- Article 504If the thing sold perishes in the seller's possession while he is retaining it, the loss shall fall on the buyer, unless the thing sold perished through the seller's act.
- Article 505In sales of movables, if a time is agreed for payment of all or most of the price and for taking delivery of the thing sold, the seller shall have the right to consider…
- Article 506If neither agreement nor custom specifies a place or time for taking delivery of the thing sold, the buyer must take delivery of it at the place where it is located at…
- Article 507The buyer shall bear the expenses of the sale contract, registration fees, expenses of payment of the price, expenses of taking delivery of the thing sold, and other…
- Article 508If, at the time of sale, the seller reserves the right to recover the thing sold in return for repayment of the price and expenses, the contract shall be considered an…
- Article 509If a person sells property belonging to another, ownership shall not pass to the buyer unless it devolves upon the seller or the owner ratifies the sale. (Third): Sale…
- Article 5101 - If a disputed right is sold, the person disputing it with the seller may redeem it from its buyer if he reimburses him for the price paid and the expenses incurred.…
- Article 511The right of redemption shall lapse upon the expiry of thirty days from the date the person seeking redemption learns of the sale.
- Article 512As an exception to the provision of Article 510, redemption is not permissible in the following cases: a- If the right forms part of a collection of assets sold for a…
- Article 513Judges, members of the Public Prosecution, lawyers, court clerks and enforcement officers may not purchase a disputed right, even under an assumed name; otherwise, the…
- Article 5141 - Brokers, and except for experts, may not purchase, even under an assumed name, property entrusted to them for sale, valuation, or the performance of expert work…
- Article 515The prohibition stipulated in the two preceding articles applies to spouses, relatives, and relatives by marriage up to the second degree. (Fourth) Sale of a share in an…
- Article 516A person who sells an estate or a share therein without detailing its contents warrants only that he has inherited what he sold, unless otherwise agreed.
- Article 517If the seller has collected any of the estate's claims, or sold or consumed anything included in it, he must return to the buyer what he obtained and the value of what…
- Article 518The purchaser shall reimburse the seller for any debts of the estate that he has paid, unless there is an agreement providing otherwise. The heir's sale of his share…
- Article 5191 - The provisions of Article (942) shall apply to a sale by a person suffering from death illness. 2 - Nevertheless, these provisions shall not apply to the detriment…
- Article 519 مكررSalam is a sale with deferred delivery against a price paid in advance. (2)
- Article 519 مكرر بThe capital must be known to the contracting parties and must be paid upon conclusion of the contract. )4(
- Article 519 مكرر جWhen the time for performance in respect of the subject matter of the salam sale falls due, it must be delivered at the agreed place. If there is no agreement, it must…
- Article 519 مكرر دIf delivery of the subject matter of the salam sale becomes impossible because goods of its kind are unavailable when the term falls due, the salam purchaser may rescind…
- Article 519 مكرراThe subject matter to be delivered under a salam sale must be known as to genus, type, quality, and quantity, must be something whose quality can be precisely determined…
- Article 520Barter is an exchange of property for property, neither of which is money.
- Article 521If the values of the two things exchanged differ in the estimation of the parties to the exchange, the difference in value may be equalized by a sum of money.
- Article 522The provisions governing sale shall apply to barter to the extent permitted by the nature of barter, and each exchanging party shall be considered the seller of what he…
- Article 523The costs of the exchange contract, registration fees, and other expenses shall be borne equally by the exchanging parties unless otherwise agreed. 1-2-3-4- Added…
- Article 524A gift is a contract for the immediate transfer of ownership of property without consideration. (First) Essential elements of a gift:
- Article 5251 - A gift is not concluded unless accompanied by taking possession of the property given or authenticated in an official instrument. 2 - Possession shall be deemed to…
- Article 526A gift of future property shall not be validly constituted.
- Article 527A gift of another person's property is void.
- Article 528A gift of an undivided share is permissible even if the property given is divisible.
- Article 529The provisions governing wills shall apply to a gift made during death illness. (Second) Effects of the Gift: 1 - Obligations of the Donor
- Article 5301 - The donor shall deliver the donated property if the donee has not taken possession of it, and the provisions concerning delivery of the thing sold shall apply in…
- Article 531The donor warrants only against interference arising from his own act, and does not warrant against a third party's title to the property given unless he deliberately…
- Article 5321 - If the gifted property is subject to a successful third-party title claim and the donor deliberately concealed the cause of that claim, the judge shall assess fair…
- Article 533The donor does not warrant that the thing donated is free from defects, unless otherwise agreed or the donor intentionally concealed the defect; in that event, he shall…
- Article 534The donee shall be obliged to perform any charge imposed upon him by the contract, whether that charge is stipulated in the interest of the donor or in the interest of a…
- Article 535If it appears that, at the time of the gift, the property donated was less than the value of the charge attached to it, and the donee was unaware of this, he shall be…
- Article 536If the gift is coupled with a charge requiring the donee to pay the donor's debts, he shall be obliged to pay only the debts existing at the time of the gift, unless…
- Article 5371 - A donor may not revoke his gift, except for parents in respect of what they have given to their child. 2 - Nevertheless, in cases other than this, a gift may be…
- Article 538The following, in particular, shall constitute an acceptable excuse for revoking a gift: a - The donee's breach of his duties towards the donor in a manner constituting…
- Article 539a - If the gift was made by the mother and her child is an orphan at the time of revocation. b - If the gift was made by one spouse to the other, so long as the marriage…
- Article 540Any of the donor’s heirs may rescind the gift if the donee intentionally and unlawfully kills the donor or participates in his killing.
- Article 541Revocation shall result in the gifted property returning to the donor's ownership from the time revocation is completed, without prejudice to the rules concerning…
- Article 542The expenses of the gift shall be borne by the donee, and the expenses of revocation by the donor, unless otherwise agreed. Chapter Four Loan
- Article 543A loan is a contract by which the lender undertakes to deliver to the borrower a sum of money or any other fungible thing, on condition that the borrower return its…
- Article 5441 - The lender must deliver the thing that is the subject of the loan to the borrower when the contract is completed, unless delivery at another time is agreed. 2 - If…
- Article 545If a third party establishes title to the thing borrowed, the provisions governing loans for use shall apply thereto.
- Article 5461 - If a defect appears in the thing and the borrower chooses to retain it, he shall be obliged to return only the value of the thing in its defective condition. 2 - If…
- Article 5471 - Lending shall be without interest, and any term providing otherwise shall be void without affecting the loan contract itself. 2 - Any benefit stipulated by the…
- Article 5481 - The borrower must return an equivalent when the agreed term falls due or when the benefit of the term is forfeited. 2 - If no term is agreed, or if it is agreed that…
- Article 549If no place is agreed for returning the equivalent, it shall be returned at the lender's domicile.
- Article 5501 - No account shall be taken of a change in the value of the equivalent at the time of return. 2 - If an equivalent of the thing borrowed ceases to be available on the…
- Article 551The expenses of the loan and repayment shall be borne by the borrower unless otherwise agreed. Chapter Five Settlement
- Article 552Settlement is a contract whereby its two parties resolve an existing dispute between them or avert a potential dispute, by each reciprocally relinquishing part of his…
- Article 553A person entering into a settlement must have the capacity to dispose, for consideration, of the rights covered by the settlement agreement.
- Article 554Settlement is not permissible in matters relating to public order, but it is permissible in respect of the financial rights arising therefrom.
- Article 555A compromise may be proved only in writing or by an official record. (Second): Effects of compromise:
- Article 5561 - A compromise settles the disputes it covers. 2 - It results in the extinction of the claims relinquished by either of the parties to the compromise.
- Article 5571 - A settlement shall have declaratory effect in respect of the disputed rights it covers, and no others. 2 - Expressions of waiver contained in the settlement shall be…
- Article 5581 - A settlement shall neither benefit nor harm persons other than its parties, even if it concerns an indivisible subject matter. 2 - Nevertheless, persons jointly and…
- Article 559Whoever compromises concerning a right and subsequently acquires it on another ground shall not, with respect to this new acquisition, be bound by his previous…
- Article 5601 - A compromise is indivisible; the nullity or annulment of a part of it entails the nullity or annulment of the entire contract. 2 - However, this rule shall not apply…
- Article 561Lease is a contract under which the lessor undertakes to enable the lessee to enjoy a specified thing for a limited period in return for financial consideration. (First)…
- Article 562A person whose right is limited to administration may not conclude a lease for a term exceeding three years except with permission from the person empowered to grant it.…
- Article 5631 - A lease granted by a person holding a usufruct shall not be effective after that right expires against the bare owner unless he ratifies it, provided that the…
- Article 564Rent may consist of money or any other pecuniary consideration. Law Index 1016 Home Page Civil Code Decree-Law No. 67 of 1980 AD Promulgating the Civil Code
- Article 565If the contracting parties have not specified the rent or the manner of its assessment, or if its amount cannot be proved, the rent for comparable premises at the time…
- Article 566If the contracting parties do not specify the commencement date of the lease, the date of the contract shall govern.
- Article 5671 - If the lease is concluded without specifying a term, or is concluded for an indefinite term, or its term cannot be proved, the lease shall be deemed concluded for…
- Article 568The term of a lease may not exceed twenty-five years. If a lease is concluded for a longer term or is perpetual, its term shall be reduced to that extent, unless the…
- Article 569The lessor shall be obliged to deliver the leased property and its appurtenances in a condition suitable for obtaining the intended benefit.
- Article 5701 - If, at delivery, the leased property is in a condition rendering it unfit for the intended enjoyment, or if its condition substantially diminishes that enjoyment,…
- Article 571The provisions applicable to the obligation to deliver the thing sold shall apply to the obligation to deliver the leased property, particularly those relating to the…
- Article 572The lessor shall maintain the leased property so that it remains fit for the intended enjoyment, by carrying out, during the lease term, all necessary repairs as…
- Article 5731 - If the lessor, after being formally placed in default, fails to carry out the repairs he is required to undertake pursuant to Articles 570 and 572, the lessee may…
- Article 5741 - The lessor may carry out all urgent repairs necessary to preserve the leased property, even if the lessee objects, provided that he gives him notice of his intention…
- Article 5751 - If the leased property is totally destroyed during the lease term by an external cause attributable to neither contracting party, the contract shall be dissolved…
- Article 5761 - The lessor may not interfere with the lessee's enjoyment of the benefit throughout the lease term, nor make any alteration to the leased property or its…
- Article 5771 - If a third party claims a right conflicting with the lessee's rights under the lease contract, the lessee shall promptly notify the lessor thereof. 2 - If this claim…
- Article 578The lessor does not warrant the lessee against interference by third parties unless it is based on a legal ground.
- Article 579If physical interference occurs by a third party and the lessee is unable to repel it, and it is so serious as to deprive him of enjoyment of the leased property that it…
- Article 580If there are several lessees of a single leased property, preference shall be given to the one who first takes possession of it in good faith. If none of them takes…
- Article 5811 - If an act of a public authority within the limits of the law results in a substantial reduction in the lessee's enjoyment, he may request rescission of the contract…
- Article 5821 - The lessor warrants to the lessee that the leased property is free from defects that prevent its use or substantially diminish such use. 2 - Nevertheless, the lessor…
- Article 583If a defect covered by the warranty appears in the leased property, the lessee may request repair of the defect or repair it himself at the lessor's expense if such…
- Article 584Any clause exempting from or limiting the warranty against interference or defects shall be void if the lessor intentionally concealed the cause giving rise to the…
- Article 585If, at the time of delivery, the leased property lacks the qualities whose existence the lessor warranted to the lessee, the lessee may request rescission of the lease…
- Article 5861 - The lessee shall pay the rent on the agreed dates. If there is no agreement, payment shall be made on the dates determined by custom. 2 - Rent shall be paid at the…
- Article 587Payment of rent for a specified unit of time shall constitute a presumption of payment of rent for the preceding period, unless the lessor proves otherwise.
- Article 5881 - As security for every right accruing to him under the lease contract, the lessor may retain all attachable movables present in the leased property, so long as they…
- Article 589The lessee shall be obliged to use the leased property in the agreed manner. If there is no agreement, he shall be obliged to use it according to the purpose for which…
- Article 590The lessee may not, without the lessor's permission, make any alteration to the leased property that causes harm to the lessor.
- Article 5911- The lessee may place in the leased property devices or installations that ensure his intended enjoyment, so long as the manner in which they are installed accords…
- Article 5921 - The lessee shall exercise the care of an ordinary person in using and preserving the leased property. 2 - He is liable for damage or destruction affecting the leased…
- Article 593The lessee must promptly notify the lessor of every matter requiring his intervention, such as the leased property needing urgent repair, a defect being discovered in…
- Article 594Minor repairs necessitated by the customary use of the leased property shall be the responsibility of the lessee.
- Article 595The lessee must return the leased property and its accessories upon termination of the lease. If he breaches his obligation to deliver Index of the Law 1020 Home Page…
- Article 5961 - The lessee shall return the leased property in the condition in which he received it, except for any destruction or damage it may have sustained without fault for…
- Article 597The expenses of returning the leased property shall be borne by the lessee unless agreement or custom provides otherwise.
- Article 5981 - If the lessee erects a building, plants, or makes any other improvements to the leased property that increase its value, he may, upon expiry of the lease, leave them…
- Article 599The lessee has the right to assign the lease or sublease all or part of what he has leased, unless the agreement provides otherwise or it appears that the lessee's…
- Article 600Prohibiting the tenant from assigning the lease entails prohibiting the tenant from subletting, and vice versa.
Articles 601 – 700100
- Article 601In the event of an assignment of the lease, the assignee shall replace the original lessee in all his rights and obligations arising from the lease contract.…
- Article 6021 - In the case of subletting, the relationship between the original lessee and the lessor remains subject to the provisions of the contract concluded between them. The…
- Article 603The original lessee shall be discharged vis-à-vis the lessor, whether as regards guaranteeing the assignee in the case of assignment of the lease or as regards the…
- Article 604The lease shall terminate upon expiry of the term specified in the contract without the need for notice to vacate, unless there is an agreement extending the lease for…
- Article 6051 - If the lease expires and the lessee continues to enjoy the leased property with the lessor's knowledge and without objection from him, the lease shall be deemed…
- Article 6061 - If either party gives the other notice to vacate and the lessee nevertheless continues to enjoy the property. The lease shall not be considered renewed unless…
- Article 607If ownership of the leased property passes to a particular successor, the lease shall not be effective against him without his consent unless it is proved that he knew…
- Article 608A person to whom ownership of the leased property has passed, and against whom the lease is not effective, may not compel the lessee to return the leased property until…
- Article 6091 - If the lease is effective against the person to whom ownership has been transferred, he shall replace the lessor in all Law Index 1022 Home Page Civil Code…
- Article 6101 - If unforeseen circumstances befall either party to the contract that would make continuation of the lease onerous for him, the judge may, upon his application and…
- Article 6111 - The lease shall not terminate upon the death of the lessor or the death of the lessee. - Nevertheless, if the lessee dies, his heirs may request termination of the…
- Article 612If the lessee dies and the lease was concluded solely on account of his occupation or other considerations relating to his person, his heirs or the lessor may request…
- Article 613If the lessee's work requires him to change his place of residence, he may request termination of the lease of his dwelling.
- Article 614A person requesting termination of the lease in the cases specified in Articles 610 to 613 must observe the notice period prescribed in Article 567.
- Article 6151 - If the lessee does not commence enjoyment of the leased property, or enjoys it only partially, and this is attributable to his fault or to a matter relating to him…
- Article 616The provisions governing leases apply to leases of agricultural land, subject to the provisions of the following articles, Law Index 1023 Home Page Civil Code Decree-Law…
- Article 6171 - The lease of agricultural land shall not include the implements located therein except by a provision in the contract. 2 - If the lease includes them, the lessee…
- Article 618If the contract states that the lease has been concluded for one year or several years, this shall mean that it has been concluded for one annual agricultural cycle or…
- Article 6191 - The leased land shall be exploited in the agreed manner. If there is no agreement, the lessee shall exploit it according to its nature and prevailing agricultural…
- Article 6201 - The lessee shall carry out repairs required by the customary exploitation of the leased land and shall, in particular, undertake routine maintenance of wells,…
- Article 6211 - If it becomes impossible for the lessee to prepare the land for cultivation or sow it, or if all or most of the seed perishes, due to an external cause beyond his…
- Article 622The lessee may not seek remission or reduction of the rent under the preceding Article except to the extent of the damage he has sustained.
- Article 623The lessee may not request remission or reduction of the rent if the crop perishes after its harvest, unless it has been agreed that the lessor is to have a specified…
- Article 624If the lease term expires before the crop ripens or its harvesting, for a reason beyond the tenant’s control, it shall be left at the prevailing rent for comparable…
- Article 625Within a reasonable period before vacating the land, the lessee must allow his successor to prepare and sow it, if he suffers no damage thereby. Second: Sharecropping
- Article 626Sharecropping is a contract for cultivating land in return for a portion of what it produces.
- Article 627The provisions governing leases shall apply to sharecropping, subject to the following provisions, unless an agreement or custom provides otherwise.
- Article 628If no term is specified for the sharecropping contract, its term shall be that necessary to gather the agreed crop.
- Article 629Sharecropping includes the agricultural machinery and implements present on the land at the time of contracting if owned by the landowner, unless otherwise agreed.
- Article 630The sharecropper must exercise, in cultivation and in preserving the crops, the land and its appurtenances, the care exercised by an ordinary person.
- Article 631The sharecropper may not substitute another person for himself in the sharecropping arrangement or bring him into it as a partner except with the landowner’s consent.
- Article 6321 - The sharecropper shall bear the expenses of cultivation and preservation of the crop until harvest time, and shall maintain the implements and carry out minor…
- Article 6331 - The yield shall be distributed between the parties in the agreed proportion. If no proportion is agreed, the customary proportion shall be observed. If there is…
- Article 634If all or part of the yield perishes owing to an extraneous cause in which neither party had any hand, its loss shall be borne by both of them together.
- Article 635If the sharecropping term expires before the crop reaches harvest time, it shall be extended until the crop fully matures.
- Article 636If the sharecropper is unable to cultivate the land because of illness or any other reason, and no member of his family can replace him, either party may request…
- Article 637Sharecropping shall not terminate upon the death of the landowner, but it shall terminate upon the death of the sharecropper.
- Article 6381 - If the sharecropping arrangement ends before expiry of its term, the landowner must reimburse the sharecropper or his heirs for what the sharecropper spent on the…
- Article 6391 - The administrator of an endowment has authority to lease it. 2 - The beneficiary of the endowment does not possess that authority, even if he is the sole…
- Article 640Authority to collect the rent belongs to the administrator, not to the endowment beneficiary, unless the administrator authorizes him to collect it.
- Article 641The administrator may not rent the endowment property or lease it to his spouse or any of his ascendants or descendants.
- Article 642A lease of waqf property involving gross lesion is invalid unless the lessor is the sole beneficiary having authority to dispose of the waqf, in which case his lease…
- Article 643In the leasing of waqf property, the assessment of the comparable rent shall be based on the time at which the lease contract was concluded, and no account shall be…
- Article 6441 - If the founder of the waqf specifies the lease term, his stipulation shall be followed, and the administrator may not depart from it unless authorized Law Index 1026…
- Article 645If the endower has not specified the lease term in the endowment deed, the house, shop and similar property shall be leased for one year, and land for three years,…
- Article 6461 - The administrator may not, without the judge's permission, lease the endowment for a period exceeding three years, even under successive contracts. If a lease is…
- Article 647The lease of the waqf shall not terminate upon the death of the administrator or upon his removal.
- Article 648The provisions governing the lease contract shall apply to the lease of waqf property in all matters that do not conflict with the preceding provisions. Chapter Two Loan…
- Article 649A loan for use is a contract whereby the lender undertakes to deliver to the borrower a non-consumable thing for the borrower to use personally, without consideration,…
- Article 650The lender shall deliver the thing lent to the borrower in the condition in which it is at the time the contract is concluded.
- Article 651If the borrower incurs emergency expenses to preserve the thing lent from destruction, the lender shall reimburse him for what he spent.
- Article 6521 - The lender for use does not warrant against dispossession of the thing lent, unless he deliberately concealed the cause of dispossession or there was an agreement to…
- Article 6531 - If a loan for use is restricted by time, place, or a type of use, the borrower may not use the borrowed thing outside the specified time and place or depart from the…
- Article 654The borrower may not lease or lend the thing lent for use except with the lender's permission.
- Article 655The expenses of using and ordinarily maintaining the property lent for use, as well as the expenses of its delivery and return, shall be borne by the borrower.
- Article 656The borrower must exercise, in preserving the thing lent for use, the care he exercises in preserving his own property, without falling below the care of an ordinary…
- Article 6571 - When the loan for use terminates, the borrower shall return the thing lent in its existing condition, without prejudice to his liability for destruction or damage in…
- Article 6581 - A loan for use terminates upon expiry of the agreed term. If no term is specified, it terminates upon use of the borrowed thing for the purpose for which it was…
- Article 659The lender may at any time request termination of the loan for use if an unforeseen urgent need for the thing lent arises for him.
- Article 660A loan for use shall terminate upon the borrower's death unless otherwise agreed. Law Index 1028 Home Page Civil Code Decree-Law No. 67 of 1980 AD Promulgating the Civil…
- Article 661A contract for work is a contract under which one party undertakes to perform work for the other party for consideration, without being his subordinate or…
- Article 6621 - The contractor's obligation may be limited to carrying out the agreed work, provided that the employer supplies the necessary for that purpose. - The contractor may…
- Article 6631 - If the contractor undertakes to provide all or some of the materials for the work, those materials must conform to the agreed specifications. If those specifications…
- Article 6641 - If the materials for the work are supplied by the employer, the contractor shall be obliged to exercise the care of an ordinary person in preserving them, to observe…
- Article 6651 - If, during the performance of the work, defects occur or appear in the materials supplied by the employer, or other factors arise that would impede performance of…
- Article 6661 - The contractor shall complete the work in accordance with the conditions stated in the contract for work and within the agreed period. If there are no conditions or…
- Article 6671 - If, during the course of the work, it becomes apparent that the contractor is performing it defectively or contrary to the contract, the employer may give him notice…
- Article 668If the contractor delays commencing or completing the work to such an extent that there is absolutely no prospect of his being able to perform it properly within the…
- Article 669If the thing perishes or is damaged by a fortuitous event or force majeure before delivery to the employer, the contractor may not claim the agreed consideration or…
- Article 6701 - If the materials are supplied by the employer and the thing perishes or is damaged before delivery to him owing to a fortuitous event or force majeure, he may not…
- Article 6711 - If execution of the work requires the employer to render a specified performance and he fails to do so at the appropriate time, the contractor may require him to…
- Article 672Once the contractor has completed the work, placed it at the disposal of the employer, and notified him thereof, it shall be incumbent Law Index 1030 Home Page Civil…
- Article 6731 - The employer may refuse to take delivery if the defect in the work or its noncompliance with the agreed conditions reaches a degree that renders it inadequate for…
- Article 674The employer may not invoke the rights established by the preceding Article if he caused the defect, whether by issuing orders contrary to the contractor's opinion or in…
- Article 6751 - Once the work has been taken over, the contractor's liability for any apparent defect in it or nonconformity with the terms of the contract shall cease, subject to…
- Article 676The consideration shall become due upon receipt of the work, unless the agreement or custom provides otherwise.
- Article 6771 - If the work consists of several parts, or the consideration is determined on a unit basis, the contractor may collect consideration proportionate to the work…
- Article 678If the remuneration is not specified in the contract, the contractor shall be entitled to the customary remuneration for comparable work at the time of its conclusion.
- Article 679An increase or decrease in the costs of the work shall not affect the extent of the obligations arising from the contract, without prejudice to the provisions of Article…
- Article 6801 - Neither contracting party may assign the contract for work without the other's consent, unless the contract contains a clause providing otherwise. 2 - If assignment…
- Article 6811 - The contractor may entrust the execution of all or part of the work to a subcontractor if he is not prohibited from doing so by a contractual term or if the nature…
- Article 6821 - A subcontractor and workers employed on behalf of the main contractor in performing the work may directly claim from the employer what is due to them from the main…
- Article 683The subcontractor and the workers mentioned in the preceding Article may recover their entitlements by privilege over the sums due to the main contractor or the…
- Article 684If the contract for work requires the contractor to maintain a specified thing or perform other recurring work during a specified period, the contract for work shall…
- Article 685The contract for work terminates when performance of the contracted work becomes impossible for a reason attributable to neither party. The contractor shall then have…
- Article 6861- The contract for work shall terminate upon the contractor's death if his personal qualifications or capabilities were taken into consideration in contracting. 2- If…
- Article 6871 - If the contract for work terminates upon the contractor's death, his heirs shall be entitled to a proportion of the remuneration corresponding to the work performed,…
- Article 6881 - The employer may terminate the contract for work and stop performance of the work at any time before its completion, provided that he compensates the contractor for…
- Article 6891 - If the contract for work is concluded on the basis of an estimated bill of quantities, and during execution it becomes apparent that this estimate must be…
- Article 690If a contract for work is concluded for consideration fixed as a lump sum on the basis of a design prepared and agreed upon with the employer, the contractor may not…
- Article 691If a building or structure is erected on land owned by the employer and has defects of the degree of seriousness specified in the first paragraph of Article 673, and its…
- Article 6921 - The contractor and engineer warrant against any total or partial collapse or defect in the buildings they have constructed or fixed installations they have erected,…
- Article 6931 - If the engineer's work is confined to preparing the design of the building or structure, or part thereof, he shall be liable for defects attributable to the design…
- Article 6941 - The contractor shall be liable only for defects occurring in execution, not defects arising from an error in preparing the design, unless those defects are apparent.…
- Article 695If the engineer and the contractor are liable for a defect that has occurred in the work, they shall be jointly and severally liable.
- Article 696The warranty action against the engineer or contractor shall be time-barred upon the lapse of three years from the occurrence of the collapse or discovery of the defect.
- Article 697Any term exempting the engineer or contractor from liability or limiting it shall be void. Chapter Two Agency
- Article 698Agency is a contract by which the principal appoints another person in his place to carry out a legal disposition. Law Index 1034 Home Page Civil Code Decree-Law No. 67…
- Article 699For an agency to be valid, the principal must have capacity to perform the disposition for which he has appointed another as agent.
- Article 700The agency must satisfy the form required for the legal disposition that is the subject of the agency.
Articles 701 – 800100
- Article 7011 - An agency expressed in general terms, without specifying even the type of legal disposition that is the subject of the agency, shall confer authority on the agent…
- Article 7021 - A special mandate is required for every disposition that is not an act of administration, particularly gratuitous dispositions, sale, settlement, mortgage,…
- Article 703An agency confers authority on the agent only to carry out the matters specified therein and such necessary incidental matters as they entail, according to the nature of…
- Article 7041 - The agent is obliged to carry out the agency within its prescribed limits. .2 - However, he may exceed the limits of the agency whenever it is impossible for him to…
- Article 7051 - If the agency is gratuitous, the agent must exercise in its performance the care he exercises in his own affairs, without being required to exercise more than the…
- Article 706The agent shall supply his principal with the necessary information on the progress of his performance of the agency and render an account thereof, unless the nature of…
- Article 707The agent may not use the principal’s property for the agent’s own benefit without permission; otherwise, the agent shall be obliged to pay the principal fair…
- Article 7081 - If there are several agents and each is appointed under a separate contract, any of them may act individually unless the principal stipulates that he must act with…
- Article 7091 - Multiple agents shall be jointly and severally liable whenever the agency is indivisible or the damage suffered by the principal results from their common fault. -…
- Article 7101 - The agent may not appoint another to act in his place in carrying out the agency unless authorized to do so by the principal or permitted to do so by law. 2 - If the…
- Article 7111 - And agency is gratuitous unless otherwise expressly agreed or implicitly inferred from the agent's profession or other circumstances. 2 - If remuneration for the…
- Article 7121 - The principal shall reimburse the agent for what he has spent in the ordinary execution of the agency, regardless of the agent's degree of success. 2 - The principal…
- Article 713The principal shall be liable for damage suffered by the agent because of the ordinary execution of the mandate. Unless this arises from his fault.
- Article 714If there are multiple principals in a single disposition, they shall be jointly and severally liable in their obligations towards the agent, unless otherwise agreed. Law…
- Article 715Articles 56 to 61 concerning representation in contracting shall apply to the relationship between the principal and the person with whom the agent contracts. Third:…
- Article 716Agency terminates upon completion of the work entrusted or expiry of the period specified for the agency. It also terminates upon the death of the principal or the…
- Article 7171 - The principal may at any time dismiss his agent or restrict his agency, even if there is an agreement to the contrary. 2 - However, if the agent or a third party has…
- Article 7181 - The agent may at any time resign his agency, even if there is an agreement to the contrary. Resignation is effected by notification to the principal, and the agent…
- Article 7191 - If the agency terminates before completion of the work entrusted to the agent, the agent must bring the work he has begun to a stage at which no harm to the…
- Article 720Deposit is a contract under which the depositary undertakes to receive a thing from the depositor for safekeeping and to return that very thing. First: Obligations of…
- Article 721The depositary must take delivery of the deposit and may not use it without permission from the depositor. Index of the Law 1037 Home Page Civil Code Decree-Law No. 67…
- Article 7221 - The depositary must exercise in preserving the deposit the care he exercises in preserving his own property, without being required to exercise more than the care of…
- Article 723Without the depositor's express permission, the depositary may not substitute another person for himself in safeguarding the deposit, except by reason of an urgent…
- Article 7241 - Upon termination of the deposit contract, the depositary shall return the deposit and any fruits thereof that he has received to the depositor. 2 - The deposit shall…
- Article 7251 - If the heir sells the deposit in good faith and the depositor cannot recover it from the buyer, the heir shall only be obliged to return to the depositor the price…
- Article 726A deposit is, in principle, gratuitous. If remuneration is agreed upon, the depositor must pay it when safekeeping of the deposit ends, unless an agreement or custom…
- Article 727The depositor shall reimburse the depositary for what he has spent preserving the deposit and compensate him for any damage he has sustained because of it. Third:…
- Article 728The deposit contract shall end upon the expiry of the agreed term. If no term has been agreed expressly or implicitly, either contracting party may terminate the deposit…
- Article 729The depositor may recover the deposit before expiry of the agreed term, without prejudice to the depositary's right to remuneration for the remaining period. Home Page…
- Article 730If the deposit is without remuneration and unforeseen reasons prevent the depositary from continuing to safeguard it, he may request termination of the deposit before…
- Article 731The deposit terminates upon the death of the depositary, unless otherwise agreed. Fourth: Certain Types of Deposit
- Article 732If the deposit is a sum of money or any other thing consumed by use, and the depositary is authorized to use it, the contract shall be deemed a loan.
- Article 7331 - Proprietors of hotels and similar establishments shall, in respect of their duty of care in safeguarding things brought by guests, be liable even for the acts of…
- Article 734The guest must notify the hotel proprietor of the theft, loss, or damage of a thing as soon as he discovers it. If he delays notification without reasonable cause, the…
- Article 735Any stipulation exempting the hotel proprietor from liability or limiting such liability shall be void. Chapter Four Sequestration
- Article 736Sequestration is the placement of disputed property in the hands of a custodian where its remaining in the possessor's hands would endanger a person claiming a right…
- Article 737Sequestration may be established by agreement and may also be ordered by the judiciary.
- Article 738The custodian shall be appointed by agreement of all persons concerned. If they do not agree, the judge shall appoint him. Index of the Law 1039 Home Page Civil Code…
- Article 739The provisions governing deposit and agency shall apply to sequestration insofar as they do not conflict with the provisions of the following articles, unless the…
- Article 7401 - The custodian shall preserve and administer the property entrusted to his custody, and shall exercise in doing so the care of an ordinary person. 2 - He may not…
- Article 741Beyond what administration requires, the custodian may not perform acts of disposition except with the consent of all interested parties or judicial authorization.
- Article 7421 - The sequestrator must keep regular accounting books. 2 - He must also submit to the interested parties, at least once every year, an account of what he has received…
- Article 7431 - The custodian shall be entitled to remuneration unless he has agreed to undertake custody gratuitously. 2 - He may recover the expenses he incurred in preserving and…
- Article 7441 - Custody terminates by agreement of all interested parties or by judicial judgment, and also terminates upon expiry of its term if it is for a specified term. 2 - The…
- Article 745Suretyship is a contract whereby a person joins his liability to that of the debtor in the performance of an obligation incumbent upon the latter, by undertaking to the…
- Article 746Suretyship is not presumed, and the surety's consent must be express.
- Article 7471 - If a person undertakes to provide a surety, he shall provide a solvent surety whose domicile is Law Index 1040 Home Page Civil Code Decree-Law No. 67 of 1980 AD…
- Article 748Suretyship for a debtor is permissible without his knowledge and is also permissible despite his opposition.
- Article 7491- A future obligation may be guaranteed if the extent of the surety's obligation is determined in advance. 2- If the surety has not specified a duration for his…
- Article 7501 - Suretyship shall be valid only if the secured obligation is valid. 2 - If the suretyship is given because of the debtor's diminished capacity and his obligation is…
- Article 7511 - Suretyship may not be for an amount greater than that owed by the debtor or on terms more onerous than those of the guaranteed debt. 2 - However, suretyship may be…
- Article 752The suretyship shall cover the guaranteed obligation and its accessories, as well as the expenses of the first demand and any expenses subsequently incurred after…
- Article 753The surety shall be discharged upon the discharge of the debtor.
- Article 7541 - The surety may invoke all grounds that the debtor may invoke. 2 - However, the surety may not invoke the debtor's diminished capacity if the suretyship was given on…
- Article 755If the creditor agrees to receive from someone other than the surety another thing in exchange for the debt, the surety shall be discharged even if a third party…
- Article 7561 - The surety shall be discharged to the extent of the securities lost through the creditor's fault. 2 - Securities mean every security allocated to secure the debt,…
- Article 7571 - The surety shall not be discharged merely because the creditor has failed to take proceedings against the debtor when the debt falls due, or merely because he has…
- Article 758If the debtor becomes bankrupt and the creditor does not lodge his debt in the bankruptcy, his right of recourse against the surety shall lapse to the extent of what he…
- Article 7591 - If there are multiple sureties under a single contract securing the same debt and the same debtor, and they are not jointly and severally liable among themselves,…
- Article 7601 - The creditor may not proceed against the surety alone until after proceeding against the debtor, nor may he enforce against the surety’s property until after…
- Article 7611 - If the surety requests prior execution against the debtor's assets, he must, at his own expense, direct the creditor to assets of the debtor sufficient to satisfy…
- Article 762In all cases in which the surety points out the debtor's property, the surety shall be discharged to the extent of the debt that the creditor was unable to recover…
- Article 763If real security has been established over property of the debtor to secure the debt, and a suretyship is provided after or together with that security, the surety, if…
- Article 7641 - The creditor must deliver to the surety, at the time he pays the debt, the documents necessary to exercise Index of the Law 1042 Home Page Civil Code Decree-Law No.…
- Article 765A surety who guarantees a surety shall, in his relationship with the creditor, be considered a surety for the surety, and, in his relationship with the surety, as though…
- Article 766In a statutory, judicial or commercial guarantee, the guarantors shall be jointly and severally liable among themselves and jointly and severally liable with the debtor.
- Article 767A joint and several surety may invoke the defenses relating to the debt that a non-joint and several surety may invoke.
- Article 768If the sureties are jointly and severally liable among themselves, or their suretyships are under successive contracts, and one of them pays the debt when it falls due,…
- Article 769The surety must notify the debtor before paying the debt. If the creditor sues him, he must request that the debtor be joined as a party to the proceedings. If he fails…
- Article 770A surety who has paid the debt may have recourse against the debtor for the principal debt and its accessories that he paid, the expenses of the initial claim, and any…
- Article 771If the surety pays all or part of the debt, he shall be subrogated to the creditor's right in accordance with the rules of legal subrogation.
- Article 772If there are several debtors for one debt and they are jointly and severally liable, the surety who guaranteed them all may have recourse against any of them for the…
- Article 7731 - Insurance is a contract under which the insurer undertakes to pay the insured or the beneficiary a sum of money, an annuity, or any other pecuniary compensation upon…
- Article 7741 - The insured means the person who undertakes to perform the obligations corresponding to the insurer's obligations, and the beneficiary means the person or persons to…
- Article 7751 - If insurance is contracted without authority to represent the insured, the contract shall extend to him if he ratifies it, even after the occurrence of the insured…
- Article 776Insurance against damage shall be void if it is not based on a lawful economic interest.
- Article 777The insurance shall be void if it appears that the insured risk had ceased to exist or had materialized before completion of the contract.
- Article 778In all cases in which the insurer reinsures with a third party the risks insured with it, the insurer alone remains liable towards the insured or the beneficiary.
- Article 7791 - An insurance application alone shall bind neither the insurer nor the insured. The contract is concluded only when the insurer signs the insurance policy and that…
- Article 780If the terms recorded in the policy do not conform to what was agreed upon, the insured may request correction of those terms within thirty days from receipt of the…
- Article 7811 - Without prejudice to the provisions specific to life insurance, an insurance policy may take the form of a policy for the benefit of a specified person, a policy to…
- Article 782Conditions relating to nullity, forfeiture or arbitration may not be invoked against the insured unless they are displayed in a distinctive manner, such as being written…
- Article 783A stipulation providing for forfeiture of the insured's right because of his delay in reporting the insured incident to the authorities or in submitting documents shall…
- Article 784The following conditions appearing in the policy shall be void: a) A condition excluding acts contrary to laws and regulations from the scope of insurance, unless the…
- Article 785The insurance term must be written conspicuously in the policy.
- Article 7861 - The insurance period begins at the start of the day following completion of the contract and ends at the end of its last day. 2 - If it is agreed that the insurance…
- Article 787Except for life insurance contracts, either the insurer or the insured may, if the insurance term exceeds five years, request termination of the contract at the end of…
- Article 7881 - Except for life insurance contracts, it may be agreed, pursuant to a clause written distinctively in the policy, that the insurance contract shall be extended…
- Article 7891 - A request sent by registered letter from the insured to the insurer, providing for the extension or amendment of the contract or its operation after suspension,…
- Article 790The insured shall be obliged to do the following: a) Clearly disclose, at the time of concluding the contract, all circumstances known to him which it is important for…
- Article 791And 1 - The insurance contract shall be voidable in the insurer's interest if the insured remains silent about a matter or provides an incorrect statement and this would…
- Article 7921 - If the risks insured against increase, whether through the act of the insured or otherwise, the insurer may request termination of the contract, unless the insured…
- Article 793The insurance contract shall remain in force without an increase in consideration if the risk occurs or the likelihood of its occurrence increases: 1 - As a result of an…
- Article 794If the insurance premium was determined taking into account considerations that would increase the insured risk, and those considerations then cease or diminish in…
- Article 7951 - The first insurance premium shall fall due at the time the contract is concluded, unless otherwise agreed. 2 - An insurer who has delivered the insurance policy…
- Article 7961 - Insurance premiums, other than the first premium, shall be paid at the insured's domicile. 2 - Nevertheless, the premium shall be payable at the insurer's domicile…
- Article 7971 - If a premium is not paid on its due date, the insurer may serve formal notice on the insured by registered letter of the obligation to pay the premium and the…
- Article 7981- Except for the provisions specific to life insurance, if the insured fails to pay the premium despite being formally served notice, the insurance contract shall cease…
- Article 799Upon materialization of the insured risk or the arrival of the term specified in the contract, the insurer shall pay the sum insured that is due within thirty days from…
- Article 800In insurance against damage, the insurer shall indemnify the insured for the damage resulting from the occurrence of the risk insured against, provided that such…
Articles 801 – 90098
- Article 8011 - In insurance against damage, the insurer is subrogated by law, to the extent of the indemnity it has paid, to the actions available to the insured against the person…
- Article 8021 - The rights and obligations arising from an insurance contract shall pass to the person to whom ownership of the insured thing is transferred upon its disposition. In…
- Article 803Any condition under which the insurer is entitled to compensation if the person to whom ownership of the insured thing has been transferred or devolved elects to…
- Article 804If ownership of the insured thing is transferred, the transferor shall remain liable to pay premiums that have fallen due and shall be discharged from future premiums…
- Article 805If there are several heirs or transferees and the insurance contract applies to them, they shall be jointly and severally liable for payment of the premiums. Bankruptcy…
- Article 8061 - If the insured becomes bankrupt before the expiry of the contract term, the insurance shall remain in force for the benefit of the body of creditors, which shall…
- Article 807Actions arising from an insurance contract shall be time-barred upon the expiry of three years from the occurrence of the event giving rise to those actions, unless the…
- Article 8081 - No agreement may be made to exclude the application of the provisions set out in this chapter or to modify them, unless this is in the interest of the insured or of…
- Article 809The provisions set out in this chapter apply to all types of insurance, subject to what special legislation provides concerning a particular type thereof. Law Index 1049…
- Article 810The owner of a thing may use it, exploit it, and dispose of it, within the limits of the law.
- Article 811Ownership of a thing includes its parts, fruits, products, and accessories, unless a provision or legal disposition provides otherwise.
- Article 812Ownership of land includes what is beneath it and above it to the extent useful for its customary enjoyment, unless a provision or legal disposition provides otherwise.
- Article 813Every owner may compel his neighbor to demarcate their adjoining properties, and the expenses of demarcation shall be shared equally between them.
- Article 814An owner may not have openings overlooking his neighbour’s property except within the limits prescribed by law.
- Article 815If a legal disposition contains a stipulation prohibiting the disponee from disposing of the property whose ownership he acquired under that disposition, or restricting…
- Article 8161 - If a condition prohibiting or restricting disposition is valid, and the person subject to the condition makes a disposition contrary to it, both the stipulator and…
- Article 8171 - A condition prohibiting or restricting disposition may not be invoked against a third party unless he knew of it at the time of the disposition or could have known…
- Article 8181 - Where several persons hold a right in rem over a thing, without each person's share being separately divided, they are co-owners in common. Their shares shall be…
- Article 8191 - Each co-owner has the right to use and exploit the property held in common in proportion to his share and with due regard for the rights of his fellow co-owners. 2 -…
- Article 820The co-owners collectively shall have the right to administer and dispose of the undivided property, unless the law provides otherwise.
- Article 8211 - The majority of the co-owners, calculated on the basis of the value of the shares, may undertake acts of ordinary administration, and may appoint a manager from…
- Article 822Where the majority stipulated in the preceding Article is not attained, the court may, at the request of any co-owner, take such measures as necessity or interest…
- Article 823If a co-owner undertakes an act of ordinary administration and a majority of the co-owners does not object within an appropriate time, he shall be considered the…
- Article 824Co-owners owning at least three quarters of the commonly owned property may decide, to improve enjoyment of that property, upon fundamental changes and alterations to…
- Article 825Every co-owner has the right to take such measures as are necessary to preserve the commonly owned thing, and this Law Index 10.1 Home Page Civil Code Decree-Law No. 67…
- Article 826The expenses of preserving and managing property held in common and all other charges imposed upon it shall be borne by all co-owners, each in proportion to his share,…
- Article 827Co-owners owning at least three-quarters of the undivided property may decide to dispose of it if they rely on compelling reasons and partition would prejudice the…
- Article 828In cases where the law provides for the right of a majority of the co-owners to undertake extraordinary administration or disposition, a single co-owner does not…
- Article 829If a co-owner disposes of a separately defined part of commonly owned property, the disposition shall have no effect as regards transfer of ownership or creation of…
- Article 8301 - Each co-owner may request partition of the property held in common unless he is compelled to remain in co-ownership by law or by a disposition. Compulsion to remain…
- Article 8311 - All co-owners may agree to partition the commonly owned property in the manner they deem appropriate, unless a provision requires otherwise. 2 - Partition by…
- Article 8321 - A co-partitioner has the right to seek annulment of a partition effected by mutual consent if it causes him a shortfall exceeding one-fifth, and the assessment shall…
- Article 833An action for partition shall be brought before the Court of First Instance. The court may appoint one or more experts to separate the shares if the property admits of…
- Article 8341 - Allotments shall be formed on the basis of the smallest share, even if the partition is partial. 2 - Each co-owner's allotment must be set apart for him if the…
- Article 835After adjudication of the disputes concerning the formation of shares and the other disputes has been completed, if the shares have been formed by allocation, the court…
- Article 8361 - If partition of the property in kind is impossible or would cause a substantial diminution in its value, the court shall order its sale by auction in the manner…
- Article 8371 - The co-owners must, whether the partition is judicial or consensual, join the creditors whose rights were publicized before the action was brought or before the…
- Article 838A party to partition shall be deemed the sole owner of the separate share allocated to him in the partition. His ownership thereof shall be free of every right created…
- Article 839If a co-owner's share was, before partition, encumbered by a right in rem, the partition shall result in that right encumbering the co-owner's allotted portion or a part…
- Article 8401 - Each party to a partition warrants to the other against interference with or eviction from the allotment assigned to him for a cause preceding the partition. 2 - If…
- Article 842Without prejudice to the preceding Article, there shall be no warranty if there is an express agreement exempting it in the particular case from which it arose, or if…
- Article 8431 - All the co-owners may agree to partition the enjoyment of the common property by an arrangement under which each enjoys a separate part for a specified period that…
- Article 844All the co-owners may agree to divide the benefits of the property held in undivided co-ownership by an arrangement under which they take turns enjoying it, each for a…
- Article 845During final partition, the co-owners may agree to an allocation of enjoyment of the common property among themselves until final partition is completed. If they cannot…
- Article 846Partition of usufruct shall be subject, as regards the capacity of the parties to the partition and their rights and obligations, and as regards (1) Amended pursuant to…
- Article 847If the purpose for which the commonly owned property is intended shows that it must remain in common ownership, a co-owner may neither request its partition nor dispose…
- Article 8481 - The provisions of the following articles apply to every building or group of buildings belonging to several persons, each of whom owns a separate part and an…
- Article 8491 - The common parts include: the land, the structure of the building, and its parts and appurtenances not intended for the exclusive use of one of the owners, and…
- Article 8501 - Common parts whose benefit is confined to certain owners only shall be the common property of those owners. 2 - In particular, the barriers separating two parts of a…
- Article 851Each owner's share in the common parts shall be proportionate to the value of the part he owns separately. The value of that part shall be assessed on the basis of its…
- Article 852The common parts are not susceptible to partition, and an owner may not dispose of a share therein independently of the separately owned part. A disposition of the…
- Article 8531 - The owners may, by a majority of three quarters of the shares, establish regulations to ensure proper enjoyment and administration of the property. 2 - The…
- Article 854Each owner may dispose of the separate part that he owns, and may use and exploit it in a manner that does not conflict with the agreed designation or with the purpose…
- Article 855Every owner may, for the purpose of enjoying the part he owns separately, use the common parts for their designated purposes, with due regard to the rights of the other…
- Article 8561 - Each owner may, at his own expense, make an alteration to the common parts if it would improve the use of those parts without changing their designated purpose or…
- Article 857No owner may undertake any work that would threaten the safety of the building or alter its shape or external appearance.
- Article 8581 - The expenses of preserving, maintaining, administering and renewing the common parts shall be borne by all owners, each in proportion to his share in those parts. 2…
- Article 8591 - The owners may, by a majority of the shares, form an association to administer the immovable property and ensure its proper enjoyment. 2 - The owners' association…
- Article 8601 - If there is no owners' association, the common parts shall be administered in accordance with what is agreed in the rules referred to in Article 853 and the general…
- Article 8611 - The owners' association may separately own one or more floors or apartments and may dispose of them. 2 - The association shall have no votes in the general assembly…
- Article 862The owners' association shall be deemed the custodian of the common parts and shall, in that capacity, be liable for damage suffered by the owners or third parties,…
- Article 8631 - The general assembly shall consist of all the owners. 2 - If several persons jointly own a floor or apartment, they shall be considered one owner for purposes of…
- Article 8641 - Each owner shall have a number of votes in the general assembly proportionate to his share in the common parts. 2 - Nevertheless, if an owner's share exceeds one…
- Article 8651 - An owner may appoint another person as his proxy to attend and vote at meetings of the general assembly. 2 - No single person may act as proxy for more than one…
- Article 866Resolutions of the general assembly shall be adopted by a majority of the votes held by those present, unless the law provides otherwise.
- Article 868Upon the total or partial destruction of the building, any amounts that may become due by reason thereof shall be allocated to restoration works, unless the owners…
- Article 869Resolutions of the general assembly shall be adopted by a majority of three quarters of the votes of all members regarding: a) Establishing or amending ownership…
- Article 870Resolutions of the general assembly shall be adopted by unanimous vote of the members concerning: a) Disposition of a portion of the common parts if retaining that…
- Article 8711 - The general assembly shall appoint a manager for the association, from among the owners or others, for a renewable term not exceeding two years. 2 - If the general…
- Article 872The Director shall represent the Union before the courts and administrative authorities and in dealings with third parties.
- Article 873The manager shall implement the ownership regulations and the resolutions of the general assembly and preserve the common parts, in addition to such other powers as are…
- Article 8741 - A board may be established to administer the association, assist the manager and supervise his work, give its opinion to the assembly on such matters as it sees fit,…
- Article 875Whoever takes possession of an ownerless movable with the intention of owning it shall acquire ownership of it.
- Article 8761 - A movable becomes ownerless if its owner abandons it with the intention of relinquishing ownership. 2 - Wild animals are deemed ownerless so long as they are at…
- Article 877One fifth of buried or hidden treasure to which no one can prove ownership shall belong to whoever finds it, and the remainder shall belong to the owner of the thing in…
- Article 878Every immovable property having no owner shall belong to the State.
- Article 879The right to hunt on land and fish at sea, lost property, antiquities, and minerals underground shall be regulated by special legislation. Section Two Acquisition of…
- Article 880All buildings, other structures or plantings on or beneath the land shall be considered the work of the landowner, established at his expense, and shall belong to him,…
- Article 8811 - Structures or plantings made by the landowner on his land using materials owned by another shall belong to the landowner if those materials cannot be removed without…
- Article 882If a person erects a building, plants or other installations, using his own materials, on land which he knows belongs to another and on which he has no right to erect…
- Article 8831 - If a person erects a building, makes plantings, or creates other structures with his own materials on another's land with the owner's permission, or believing in…
- Article 884The court may, upon the application of the person liable for the consideration or compensation pursuant to Articles 882 and 883, determine what it considers appropriate…
- Article 885If the landowner, while erecting a building on his land, has in good faith encroached upon a small part of adjoining land, the court may award him ownership of the part…
- Article 8861 - If the person who erected buildings, planted vegetation or established installations on another’s land did so with materials owned by a third person, the owner of…
- Article 887If movables belonging to different owners become joined such that they cannot be separated without damage, and there is no agreement between the owners, the court shall…
- Article 888Ownership is transferred, and other rights in rem are transferred or created, in movable and immovable property by a legal act if the person making the disposition is…
- Article 8891 - If the subject of the disposition is a specifically identified movable, the right shall pass or arise immediately upon conclusion of the disposition. 2 - If the…
- Article 890If the property disposed of is immovable, rights in rem shall not be transferred or created except in compliance with the provisions of the Real Estate Registration Law.…
- Article 891Pre-emption is the right to take the purchaser's place upon the sale of immovable or movable property in the circumstances and subject to the conditions provided for in…
- Article 8921 - A co-owner in common ownership shall have the right of pre-emption if a share of the commonly owned property is sold to someone other than the co-owners. 2 - If…
- Article 893a) If the sale is conducted by public auction in accordance with procedures prescribed by law. b) If the sale takes place between ascendants and descendants, between…
- Article 894If a person purchases something subject to pre-emption and then sells it before the pre-emptor declares his intention to exercise pre-emption, or before the declaration…
- Article 895The pre-emptor may not take part of the property sold unless there are multiple purchasers, in which case he may take the shares of some of them Law Index 1061 Home Page…
- Article 8961 - Either the seller or the buyer may serve an official notice on the pre-emptor informing him of the sale. 2 - The notice must contain the following particulars,…
- Article 8971 - Anyone wishing to exercise pre-emption shall formally declare his intention to both the seller and the purchaser within fifteen days from the date on which he learns…
- Article 898The pre-emptor must bring the pre-emption action against both the seller and the purchaser within thirty days from the date of notification of his wish, after depositing…
- Article 899A final judgment establishing pre-emption shall constitute an instrument of the pre-emptor's rights and obligations, without prejudice to the rules relating to…
- Article 9001 - The pre-emptor shall replace the purchaser in relation to the seller in all his rights and obligations. 2 - Nevertheless, he shall not be entitled to benefit from…
Articles 901 – 1,000100
- Article 9011 - If the purchaser adds any building, planting or the like to the property subject to pre-emption before the pre-emptor serves notice on him of his desire to exercise…
- Article 9021 - No disposition by the purchaser that would transfer ownership or create Index of the Law 1062 Home Page Civil Code Decree-Law No. 67 of 1980 AD promulgating the…
- Article 903The right to exercise pre-emption lapses: a) If the pre-emptor expressly or implicitly waives his right to exercise pre-emption. b) If the pre-emptor does not declare…
- Article 904The right to exercise pre-emption does not lapse upon the death of the pre-emptor, but rather passes to his heirs. Fourth: Possession 1 - Definition of possession and…
- Article 905Possession is a person's control, personally or through another, over a tangible thing, appearing in relation to it as the owner or holder of another right in rem, by…
- Article 906No account shall be taken of possession by third parties of property belonging to the State or other public juridical persons, or of waqf property.
- Article 907Possession is not established by an act performed by a person as one of the acts permitted to all, or by an act tolerated by another as a matter of indulgence.
- Article 908Possession shall be through an intermediary where the intermediary exercises control over the thing in the name of the possessor.
- Article 909A person lacking legal capacity or having diminished legal capacity may acquire possession through the person who legally represents them.
- Article 910A person possessing in another's name may not himself change the character of his possession for his own benefit. That character changes, however, either through the act…
- Article 911If possession is accompanied by coercion, acquired secretly, or is ambiguous, it shall have no effect against the person subjected to the coercion, from whom the…
- Article 912If possession is established at a specified time and at a specified earlier time, it shall be deemed to have existed between those two times unless the contrary is…
- Article 913If several persons dispute possession, the person exercising physical control shall be presumed to be the possessor until the contrary is proved. If that control has…
- Article 9141 - A possessor shall be deemed in good faith if he is unaware that he is infringing another person's right, unless that ignorance arises from gross fault. 2 - Good…
- Article 9151 - A possessor becomes a possessor in bad faith from the time he learns that his possession infringes another's right or from the time he is served with a statement of…
- Article 916Possession shall retain the character with which it began at the time of its acquisition until the contrary is established. - Transfer of Possession
- Article 917Possession passes to the universal successor with its attributes. However, if the predecessor was in bad faith and the successor establishes that he was in good faith in…
- Article 918Possession passes from the possessor to another if they agree thereto and that other person becomes able to control the thing, even if he has not physically received it.
- Article 919Possession may be transferred without physical delivery if the possessor continues to hold on behalf of his successor in possession, or the successor continues to hold,…
- Article 9201 - Possession may be transferred if the successor receives that which enables him to take physical delivery of the thing. 2 - In particular, delivery of the documents…
- Article 921A successor by particular title may add his predecessor's possession to his own possession for every effect that the law attaches to Law Index 1064 Home Page Civil Code…
- Article 9221 - Possession shall cease if the possessor relinquishes his actual control over the thing or loses that control in any other manner. 2 - Nevertheless, possession shall…
- Article 923Whoever possesses a thing, appearing in respect thereof as its owner or the holder of another right in rem, shall be deemed the owner or holder of the right unless the…
- Article 9241 - A possessor of immovable property who loses possession may request its restoration within the three years following its loss. If possession was lost clandestinely,…
- Article 9251 - If the person who lost possession had not possessed for three years at the time of its loss, he may recover possession only from a person who does not rely on…
- Article 926An action for recovery of possession may be brought against the person to whom possession of the immovable property has been transferred, even if that person acted in…
- Article 927A possessor of immovable property whose possession has continued for three years and who then suffers interference with his possession may, within the following three…
- Article 9281 - A possessor of immovable property whose possession has continued for three years and who fears, on reasonable grounds, interference resulting from new works…
- Article 9291 - The possessor of a thing is entitled to the fruits he collects and the benefit he obtains so long as he is in good Index of the Law 1065 Home Page faith. 2 - Natural…
- Article 930From the time he becomes in bad faith, the possessor shall be liable for the benefit he obtained and the fruits he received or neglected to receive, and he may recover…
- Article 9311 - The owner to whom his property is restored shall pay the possessor all necessary expenses he incurred. 2 - Useful expenses shall be governed by Articles 882 and 883.…
- Article 932The owner to whom his property is restored shall pay the possessor who received possession from another the expenses that this possessor paid to his predecessor, within…
- Article 933The court may, at the owner's request, determine what it deems appropriate for payment of the expenses provided for in the preceding two articles, and may order payment…
- Article 9341 - A possessor in good faith shall not be liable to the person entitled to the thing for its destruction or damage except to the extent of the benefit accruing to him…
- Article 935Whoever possesses immovable or movable property, manifesting himself in relation to it as the owner or holder of another right in rem, and whose possession continues for…
- Article 936The rules barring the hearing of an action for a debt by lapse of time shall apply to the period during which possession continues, as regards computation of the period,…
- Article 9371 - Whoever possesses, on the basis of a valid title, a movable or a bearer instrument, appearing in respect thereof as the owner or Law Index 1066 Home Page Civil Code…
- Article 938Possession in itself is a presumption of the existence of just title and good faith unless evidence to the contrary is established.
- Article 9391 - The owner of a movable or bearer instrument, or the holder of a right in rem over it, may, if it is lost or stolen from him, recover it from anyone possessing it…
- Article 940The determination of heirs, the determination of their inheritance shares and the transfer of the estate property to them shall be governed by the provisions of Islamic…
- Article 941The provisions of Islamic Sharia and the laws issued concerning it apply to wills.
- Article 9421 - Every legal disposition made by a person during death illness with donative intent shall be considered a disposition taking effect after death and shall be governed…
- Article 943If a person makes a disposition in favor of one of his heirs and retains, by any means whatsoever, possession of the property disposed of and his right to enjoy it…
- Article 944The right of usufruct is acquired by a legal disposition or by virtue of possession. Index of the Law 1067 Home Page Civil Code Decree-Law No. 67 of 1980 AD Promulgating…
- Article 945In respect of the rights and obligations of the usufructuary, regard shall be had to the instrument creating the usufruct and to the provisions prescribed in the…
- Article 946The fruits of the thing subject to usufruct shall belong to the usufructuary in proportion to the duration of his usufruct, subject to the provisions of the second…
- Article 947The usufructuary must use the thing in the condition in which he received it and in accordance with its intended purpose, and must administer it properly. - The bare…
- Article 9481 - During his enjoyment, the usufructuary is liable for all ordinary charges imposed on the property subject to the usufruct and all expenses required for maintenance…
- Article 9491 - The usufructuary shall exercise the care of an ordinary person in preserving the thing. 2 - He shall be liable for the loss of the thing, even due to an extraneous…
- Article 950If the thing perishes, is damaged, or requires major repairs or measures to protect it from an unforeseen danger, the usufructuary must promptly notify the owner. He…
- Article 951If the property over which the right of usufruct is established is movable, it must be inventoried and the usufructuary must provide sufficient security. If the…
- Article 9521 - The usufruct shall terminate upon expiry of the specified term. If no term is specified, it shall be deemed established for the lifetime of the usufructuary, and…
- Article 953The usufruct terminates upon destruction of the thing; however, if any substitute takes the place of the thing, the usufruct shall transfer to it.
- Article 9541 - Upon denial, an action asserting a usufruct shall not be heard if it has not been exercised for fifteen years. - If the usufruct belongs to several co-owners in…
- Article 955The scope of the right of use and the right of habitation is determined by the extent of the needs of the right-holder himself and his own family themselves, without…
- Article 956The right of use or the right of habitation may not be assigned to another except pursuant to an express stipulation or a compelling justification.
- Article 957Except for the foregoing provisions, the provisions specific to the right of usufruct apply to the right of use and the right of habitation insofar as they do not…
- Article 958An easement is a burden upon an immovable for the benefit of another immovable owned by someone other than the owner of the first immovable.
- Article 959Easements are subject to what is stipulated in the instrument creating them, to prevailing local custom, and to the provisions contained in the following articles.
- Article 960If the owner of two separate immovable properties establishes an apparent relationship of subordination between them such as would indicate the existence of an easement…
- Article 961The owner of the dominant property may carry out the works necessary to exercise and preserve his right. He shall exercise that right in the manner causing the least…
- Article 962If new needs of the dominant property arise that would increase the burden of the easement, the judge may, after balancing the interests of both parties, order the…
- Article 9631 - The expenses of works necessary for the exercise and preservation of an easement shall be borne by the owner of the dominant property, unless otherwise stipulated. 2…
- Article 9641 - The owner of the servient property may not do anything that diminishes the exercise of the easement or makes it more burdensome. 2 - Nevertheless, if the location…
- Article 9651 - If the dominant property is subdivided, the easement shall remain due to each part thereof, provided that this does not increase the burden on the servient property.…
- Article 9661 - If the servient property is subdivided, the easement shall remain imposed on each part thereof. 2 - However, if the easement is not exercised over some of these…
- Article 967Easements shall terminate upon expiry of the specified term, upon total destruction of the servient property or the dominant property, and upon ownership of both…
- Article 9681 - In the event of denial, an action asserting an easement shall not be heard if it has not been exercised for fifteen years, unless the easement is established for the…
- Article 969An easement terminates if the condition of things changes so that they are in a state in which this right cannot be exercised, and revives if things return to a…
- Article 970The owner of the servient property may free it from all or part of the easement if the easement has lost all benefit for the servient property, or retains only a limited…
- Article 971A mortgage is a contract whereby a creditor acquires a right in rem over an immovable, by virtue of which he may take priority over ordinary creditors and creditors…
- Article 9721 - A formal mortgage is not constituted unless made by an official instrument authenticated in accordance with the law. 2 - The expenses of the contract shall be borne…
- Article 973The mortgagor may be the debtor or another person. Law Index 1071 Home Page Civil Code Decree-Law No. 67 of 1980 AD promulgating the Civil Code
- Article 974If the mortgagor does not own the mortgaged property, the mortgage contract shall not be effective against the owner unless he ratifies it by an official instrument…
- Article 975A mortgage granted by an owner whose title has been declared annulled, rescinded or extinguished for any other reason shall remain effective in favour of the mortgage…
- Article 9761 - A formal mortgage may be created only over immovable property, unless a provision stipulates otherwise. 2 - The mortgaged property must be capable of being sold…
- Article 9771 - A formal mortgage includes the appurtenances of the mortgaged immovable that are deemed immovable property. 2 - It includes, in particular, buildings and trees…
- Article 978The owner of buildings standing on another's land may mortgage them. In that case, the mortgage creditor shall have a right of priority in satisfying the debt out of the…
- Article 979A mortgage granted by all the owners of an immovable property held in common shall remain effective, whatever the outcome of partition of the property or its sale…
- Article 9801 - If one of the co-owners mortgages all or part of his undivided share in an immovable property, the mortgage shall, after partition, encumber what falls to the…
- Article 981A mortgage may be established as security for a conditional debt, a future debt or a contingent debt. It may thus be established as security for an open credit or for…
- Article 982Every part of the mortgaged immovable property or properties secures the whole debt, and every part of the debt is secured by all the mortgaged immovable property or…
- Article 9831 - The mortgage shall be accessory to the secured debt as regards its validity and extinguishment, unless the law provides otherwise. 2 - If the mortgagor is not the…
- Article 984The mortgagor has the right to administer the mortgaged property. He may collect its fruits and all its revenues until they are attached to the property in the manner…
- Article 9851 - A lease granted by the mortgagor is not effective against the mortgagee unless it bears an established date prior to registration of the attachment application. If…
- Article 9861 - Neither a receipt for rent paid in advance for a period not exceeding three years nor an assignment thereof for such a period shall be effective against the…
- Article 987The mortgagor shall warrant the integrity of the mortgage. The mortgage creditor may object to any act that would substantially diminish his security and, in urgent…
- Article 9881 - If the mortgagor, through his fault, causes the destruction of or damage to the mortgaged property, the mortgagee shall Index of the Law 1073 Home Page Civil Code…
- Article 989If the mortgaged property is destroyed or damaged for any reason whatsoever, the mortgage shall pass, with its rank, to the right arising therefrom, such as…
- Article 990The mortgagee may obtain satisfaction of his claim from the mortgaged property in accordance with the procedures prescribed therefor.
- Article 9911 - If the mortgagor is a person other than the debtor, execution may not be levied against his property except for what he has mortgaged. He shall not have the right to…
- Article 992A mortgage shall not be forfeited to the mortgagee. Accordingly, any agreement granting the mortgagee the right, upon non-payment of the debt at maturity, to acquire…
- Article 9931 - A mortgage shall not be effective against a third party unless it is registered before that third party acquires a right in rem over the immovable, without prejudice…
- Article 994The effect of the entry is limited to the amount stated in the list or the amount secured by the mortgage, whichever is less.
- Article 995The entry shall lapse if it is not renewed within ten years from the date it was made. The creditor may, however, make a new entry if legally possible, whose rank shall…
- Article 996Renewal of the entry is required even during enforcement proceedings against the mortgaged property, but shall not be required if the right has expired or the property…
- Article 997The registration may not be cancelled except pursuant to a final judgment or with the creditor's consent expressed in an official declaration.
- Article 998If the cancellation is annulled, the entry shall regain its original rank. Nevertheless, its annulment shall have no retroactive effect in respect of entries and…
- Article 999The expenses of entry, renewal and cancellation shall be borne by the mortgagor, unless otherwise agreed. First: Right of Priority
- Article 1000Mortgage creditors shall obtain satisfaction of their rights before unsecured creditors from the price of the mortgaged property or from the property substituted for it,…
Articles 1,001 – 1,10082
- Article 1001The rank of the mortgage shall be calculated from the time of its registration, even if the debt secured by the mortgage is conditional, future, or contingent.
- Article 1002Registration of the mortgage entails inclusion of the costs of the contract, registration, and renewal in the distribution and at the same rank as the mortgage.
- Article 1003The mortgagee creditor may cede the rank of his mortgage, within the limits of the debt secured by that mortgage, in favour of another creditor having a mortgage…
- Article 10041 - Upon maturity of the debt, the mortgagee may levy execution against the mortgaged property in the hands of its third-party possessor after serving him notice to pay…
- Article 10051 - The third-party possessor, if he was not a party to the action in which judgment was rendered against the debtor, may invoke the defenses that the debtor could have…
- Article 1006When the debt secured by the mortgage falls due, the third-party possessor may pay it and its accessories, including procedural expenses incurred from the time he was…
- Article 1007The possessor must preserve the registration of the mortgage in respect of which he has been subrogated to the creditor by renewing it when necessary, until the…
- Article 10081 - If, by reason of his ownership of the mortgaged property, the possessor owes an amount immediately payable that is sufficient to satisfy all creditors whose rights…
- Article 10091 - The possessor may purge the immovable of every mortgage registered before registration of the instrument establishing his right. 2 - The possessor may exercise this…
- Article 1010If the possessor wishes to clear the property of encumbrances, he must serve on each creditor whose rights are entered a notice containing the following particulars: a)…
- Article 1011The possessor must state in the notice provided for in the preceding article that he is prepared to discharge the registered debts up to the amount at which he has…
- Article 10121 - Every creditor whose right is entered and every surety for an entered right may request the sale of the property sought to be purged of encumbrances, within thirty…
- Article 1013If the sale of the immovable property is requested, the procedures prescribed for compulsory sales must be followed. The sale shall take place at the request of the…
- Article 1014If sale of the immovable is not requested within the specified time and in the prescribed manner, or sale is requested but no price higher than that offered by the…
- Article 10151 - Relinquishment of the mortgaged immovable property shall be effected by a declaration submitted by the third-party possessor to the Registry of the Court of First…
- Article 1016If the third-party possessor does not elect to pay the registered debts, purge the property of the mortgage, or relinquish that property, the creditor may not take…
- Article 1017The third-party possessor may participate in the auction provided that he does not bid a price lower than the balance he owes of the price of the immovable being sold.…
- Article 1018If the mortgaged property is sold compulsorily, even after procedures for purging encumbrances or relinquishment have been taken, and the auction is awarded to the…
- Article 1019If, in the foregoing cases, the auction is awarded to a person other than the possessor. That person shall derive his right from the possessor by virtue of the judgment…
- Article 1020If the price at which the auction is adjudicated exceeds what is due to creditors whose rights are registered, the excess shall belong to the third-party possessor, and…
- Article 1021The rights of easement and other rights in rem that the possessor had before ownership of the immovable passed to him shall revert to him.
- Article 10221 - The possessor shall have recourse by a warranty action against the person from whom he received the right, in accordance with the rules governing a successor's…
- Article 1023The possessor is liable to the creditors for damage sustained by the property through his fault. Chapter Three Extinction of the Formal Mortgage
- Article 1024The formal mortgage shall be extinguished upon extinguishment of the secured debt and shall revive with it if the cause by which the debt was extinguished ceases to…
- Article 1025If the purging procedures are completed, the right of registered mortgage shall be definitively extinguished, even if, for any reason, the ownership of the third-party…
- Article 1026If the mortgaged property is compulsorily sold at public auction, whether against the owner of the property, the third-party possessor, or the custodian to whom the…
- Article 1027A possessory pledge is a contract whereby a person undertakes, as security for a debt owed by him or by another, to deliver to the creditor or to a neutral third party…
- Article 1028Only movable or immovable property that can be sold independently at public auction may be the subject of a possessory pledge.
- Article 1029The provisions of Articles 97, 975, 978, 981, 982 and 983 concerning formal mortgages shall apply to possessory pledges.
- Article 1030Property held in undivided co-ownership may be pledged by a possessory pledge, and the provisions of Articles 979 and 980 shall apply to that pledge.
- Article 1031A possessory pledge includes the accessories of the pledged thing.
- Article 1032A thing may be possessorially pledged as security for several debts if the person taking delivery of the thing agrees to possess it for the account of the holders of…
- Article 10331 - The pledgor shall deliver the pledged thing to the creditor or the neutral third party designated by the contracting parties to receive it. 2 - The obligation to…
- Article 1034If the pledged property returns to the pledgor's possession, the pledge shall be extinguished, unless the pledge creditor proves that the return was for a reason not…
- Article 1035The pledgor warrants the soundness and effectiveness of the pledge and may not perform any act that diminishes the value of the Home Page 1079 Index of the Law Civil…
- Article 1036The provisions of Articles 988 and 989 shall apply to the destruction of or damage to a thing subject to a possessory pledge. Second: With Respect to the Pledgee
- Article 1037If the pledgee takes delivery of the pledged thing, he must exercise in its safekeeping and maintenance the care exercised by an ordinary person. He shall be liable for…
- Article 10381 – The creditor may not derive benefit from the pledged thing without consideration. - He must exploit it fully in accordance with its nature, unless otherwise agreed.…
- Article 10391 - The pledgee shall administer the pledged thing and shall exercise in doing so the care of an ordinary person. He may not change the manner of exploiting the pledged…
- Article 1040The pledgee shall return the pledged thing to the pledgor after obtaining full satisfaction of his right and the expenses and compensation connected with that right.
- Article 1041The provisions of Article 991, first paragraph, and Article 992 shall apply to possessory pledges. Section Two: With Respect to Third Parties
- Article 1042For the pledge to be effective against third parties, the pledged thing must be in the hands of the pledgee or the neutral custodian agreed upon by the contracting…
- Article 10431 - The pledge confers upon the pledgee the right to retain the pledged thing without prejudice to the rights of third parties preserved in accordance with the law. Law…
- Article 1044A possessory pledge is not limited to securing the principal right, but also secures, at the same rank: a) Necessary expenses incurred to preserve the thing, without…
- Article 1045The right of possessory pledge shall be extinguished upon the extinction of the secured debt and shall revive with it if the cause by which the debt was extinguished…
- Article 1046The possessory pledge also terminates for any of the following reasons: a) If the pledgee relinquishes this right and has legal capacity to discharge the debtor from the…
- Article 1047If an opportunity arises to sell the pledged thing and the sale would be a profitable transaction, the pledgor may request the court to authorize the sale of that thing,…
- Article 1048For a pledge of immovable property to be effective against third parties, in addition to transfer of possession, the pledge must be entered. The provisions specific to…
- Article 10491 - The creditor holding a pledge over immovable property may lease it to the pledgor without this preventing the pledge from being effective Law Index 1081 Home Page…
- Article 1050For a pledge of a movable to be effective against third parties, in addition to the transfer of possession, the contract must be drawn up in a document bearing an…
- Article 1051The provisions relating to the effects arising from possession of tangible movables and bearer instruments shall apply to the pledge of movable property.
- Article 10521 If the pledged thing is threatened with destruction, damage, or a decrease in value such that it is feared that it will become insufficient to secure the creditor's…
- Article 1053If the pledgee has not obtained satisfaction of his claim, he may request the judge's permission to sell the pledged thing by public auction or at its price on the…
- Article 10541 - A pledge of a debt shall not be effective against the debtor unless he is notified of the pledge or accepts it in accordance with the rules governing assignment. 2 -…
- Article 1055Instruments payable to order shall be pledged in accordance with what the law prescribes.
- Article 1056A debt may not be pledged if it is not assignable or attachable. Civil Code Decree-Law No. 67 of 1980 AD Promulgating the Civil Code
- Article 1057Payment of the debt, its novation, set-off, merger, or release shall not be effective against the pledgee except with his approval. Nor shall any modification of the…
- Article 1058The debtor of the pledged debt may invoke against the pledgee defenses relating to the validity of the right secured by the pledge, as well as defenses that he himself…
- Article 10591 - If the pledged debt falls due before the debt secured by the pledge falls due, the debtor may discharge the debt only to the pledgee and the pledgor jointly. Either…
- Article 1060If both the pledged debt and the debt secured by the pledge become due for payment, the pledgee may collect from the pledged debt what is due to him or request the sale…
- Article 1061A right shall have a privilege only pursuant to a provision of law.
- Article 10621 - The law shall determine the rank of the preferential right. If the law does not determine the rank of a preferential right, it shall rank after every preferential…
- Article 1063General privileges attach to all the debtor's movable and immovable property, whereas special privileges are confined to a specific movable or immovable.
- Article 10641 - Entry is not required for general privileges even if they attach to immovable property, nor is it required for immovable privileges securing amounts due to the…
- Article 1065General privileges do not give rise to a right of pursuit, subject to the law's provisions concerning the privilege for amounts due to the Public Treasury.
- Article 1066The provisions governing mortgages shall apply to special preferential liens over an immovable to the extent that they do not conflict with the nature of those rights.…
- Article 10671 - A privilege may not be invoked against a person who took possession of the movable in good faith on the basis that it was free of that privilege. 2 - For purposes of…
- Article 1068The provisions applicable to a registered mortgage concerning the destruction of or damage to the thing shall apply to a preferential right.
- Article 1069A privilege shall be extinguished in the same ways as a formal mortgage and a possessory pledge are extinguished and in accordance with the provisions governing the…
- Article 1070The rights specified in the following articles shall be preferential in addition to the preferential rights established by special provisions. First Section: General…
- Article 10711 - Judicial expenses incurred in the interest of all creditors in preserving, selling and distributing the debtor's property shall have a preferential right over the…
- Article 10721 - Amounts due to the Public Treasury in taxes, fees and other dues of whatever Index of the Law 1084 Home Page Civil Code Decree-Law No. 67 of 1980 AD promulgating the…
- Article 10731 - Amounts spent on preserving a movable and on repairs necessary for it shall enjoy a privilege over the whole of it. 2 - These amounts shall be satisfied from the…
- Article 10741 - The following rights, to the extent due for the last six months, shall have a privilege over all the debtor's movable and immovable property: a) Amounts due to…
- Article 10751 - Amounts spent on seed, fertilizer and other fertilizing materials and insect-control materials, and amounts spent on cultivation and harvesting work, shall have a…
- Article 10761 - Rent for buildings and land for two years, or for the lease term if shorter, and every other right of the lessor under the lease contract shall all enjoy a…
- Article 10771 - Amounts owed by a guest to a hotel proprietor for accommodation, provisions, and expenditure on his account shall have a privilege over the effects brought by the…
- Article 10781 - The price and its accessories due to the seller of a movable shall have a preferential lien over the thing sold, and the preferential lien shall remain in existence…
- Article 10791 - Co-owners who have partitioned a movable shall have a privilege over it to secure the right of each of them to recourse against the others by reason of the partition…
- Article 10801 - The price and its accessories due to the seller of immovable property shall have a preferential right over the property sold. 2 - The preferential right must be…
- Article 10811 - Amounts due to contractors and engineers entrusted with constructing buildings or structures Law Index 1086 Home Page Civil Code Decree-Law No. 67 of 1980 AD…
- Article 10821 - If co-owners partition immovable property held in common among them, each one's right of recourse against the others by reason of the partition and to recover any…