article 1889 du code civil

There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has been barred by extinctive prescription. « Droit du sol » et « obligation du sol », Classement : 891. (n), Art. Any stipulation in a contract to the contrary shall be void. Any sum of money obtained through an encumbrance on the family home shall be used in the interest of the beneficiaries. But if such debts are not assigned to a co-heir, and should be collected, in whole or in part, the amount collected shall be distributed proportionately among the heirs. Should he fail to do so, the sale shall be deemed to have been made for cash insofar as the principal is concerned. (1148a), Art. Agency may be oral, unless the law requires a specific form. In the collation of a donation made by both parents, one-half shall be brought to the inheritance of the father, and the other half, to that of the mother. (n), Art. 375. When the person obliged to support an orphan, or an insane or other indigent person unjustly refuses to give support to the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. 944. 1931. (n). If cheating or deceit is committed by the winner, he, and subsidiarily the operator or manager of the gambling house, shall pay by way of exemplary damages, not less than the equivalent of the sum lost, in addition to the latter amount. (1864), Art. 1925. Art. 394. He who believes that he has an action or a right to deprive another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to deliver the thing. (1256a), Art. 399. (1868a). The right of choice shall belong to the executor or administrator who shall comply with the legacy by the delivery of a thing which is neither of inferior nor of superior quality. As to all matters not specifically provided for in this Title, barter shall be governed by the provisions of the preceding Title relating to sales. 292. (n). 780. If the lessor fails to make urgent repairs, the lessee, in order to avoid an imminent danger, may order the repairs at the lessor's cost. Males above twenty but under twenty-five years of age, or females above eighteen but under twenty-three years of age, shall be obliged to ask their parents or guardian for advice upon the intended marriage. 3. By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. Art. (23). 873. Art. (n), For this purpose he shall notify the owner of the servient estate, and shall choose the most convenient time and manner so as to cause the least inconvenience to the owner of the servient estate. 880. One who sells for a lump sum the whole of certain rights, rents, or products, shall comply by answering for the legitimacy of the whole in general; but he shall not be obliged to warrant each of the various parts of which it may be composed, except in the case of eviction from the whole or the part of greater value. 1281. When the buyer has claimed and been granted a remedy in anyone of these ways, no other remedy can thereafter be granted, without prejudice to the provisions of the second paragraph of Article 1191. Furthermore, the owner may, if he so prefers, until the usufructuary gives security or is excused from so doing, retain in his possession the property in usufruct as administrator, subject to the obligation to deliver to the usufructuary the net proceeds thereof, after deducting the sums which may be agreed upon or judicially allowed him for such administration. The testator may devise and bequeath the free portion as he may deem fit. If besides his services he has contributed capital, he shall also receive a share in the profits in proportion to his capital. De 1804 à 1889, le « droit du sol », tel qu'il existait dans le Code civil, donnait le droit à un étranger né en France de devenir français à sa majorité. (1101), Art. 898. Movables possessed through a crime can never be acquired through prescription by the offender. 939. 1104. Art. Art. (1188), Art. The owner of property the usufruct of which is held by another, may alienate it, but he cannot alter its form or substance, or do anything thereon which may be prejudicial to the usufructuary. The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by Article 546. (781a), Art. The wife manages the affairs of the household. 1555. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence. 490. (1045a), Art. (n), Art. Art. In construing a contract containing provisions characteristic of both the contract of sale and of the contract of agency to sell, the essential clauses of the whole instrument shall be considered. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. The remedy for this banking crisis, the most severe in late nineteenth century France, was . (650). 1973. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. Art. The same things donated are not to be brought to collation and partition, but only their value at the time of the donation, even though their just value may not then have been assessed. Until such announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction has been announced to be without reserve. (Rule 3a), Art. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership. Art. (750a), Art. 902. 2054. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. Code civil d'Haiti : annoté, avec une conférence des articles entre eux et leur correspondance avec les articles du Code civil français, précédé de la constitution du 9 octubre 1889, et suivi d'un appendice contenant les principales lois ayant trait au code civil d'Haiti Abbreviated Title: Code civil (1889) Creator: Borno, Louis Haiti If either one of the owners has made the incorporation with the knowledge and without the objection of the other, their respective rights shall be determined as though both acted in good faith. The public official in charge of registration of priests and ministers, with the approval of the proper head of Department, is hereby authorized to prepare the necessary forms and to promulgate regulations for the purpose of enforcing the provisions of this Title. Art. 1891. (816), Art. Art. A natural child acknowledged by both parents shall principally use the surname of the father. If there are two or more credits with respect to the same specific real property or real rights, they shall be satisfied pro rata, after the payment of the taxes and assessments upon the immovable property or real right. One who recovers, according to law, possession unjustly lost, shall be deemed for all purposes which may redound to his benefit, to have enjoyed it without interruption. Art. (647a). The donation of a movable may be made orally or in writing. A substituted limited partner is a person admitted to all the rights of a limited partner who has died or has assigned his interest in a partnership. (1565), Art. (1180), Art. 878. 657. (516). Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant. (1323a). (579a). The sale is presumed to be fictitious if at the time the supposed vendee demands the termination of the lease, the sale is not recorded in the Registry of Property. 69. In the preceding cases, the usufructuary, at the beginning of the usufruct, has no obligation to refund to the owner any expenses incurred; but the owner shall be obliged to reimburse at the termination of the usufruct, from the proceeds of the growing fruits, the ordinary expenses of cultivation, for seed, and other similar expenses incurred by the usufructuary. An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. 236. Art. Acceptance of the work by the employer relieves the contractor of liability for any defect in the work, unless: (2) The employer expressly reserves his rights against the contractor by reason of the defect. Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. (795a). The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent, in case the inheritance is accepted. (n). (354a), Art. 1936. 2145. (1766a), Art. 443. The agent must act within the scope of his authority. 1195. A person who for value negotiates or transfers a document of title by endorsement or delivery, including one who assigns for value a claim secured by a document of title unless a contrary intention appears, warrants: (2) That he has a legal right to negotiate or transfer it; (3) That he has knowledge of no fact which would impair the validity or worth of the document; and, (4) That he has a right to transfer the title to the goods and that the goods are merchantable or fit for a particular purpose, whenever such warranties would have been implied if the contract of the parties had been to transfer without a document of title the goods represented thereby. When either or both of the contracting parties are citizens or subjects of a foreign country, it shall be necessary, before a marriage license can be obtained, to provide themselves with a certificate of legal capacity to contract marriage, to be issued by their respective diplomatic or consular officials. Les garçons concernés, s’ils veulent y échapper, utilisent l’article (n). 641. In this paper, we recover the history of the Crisis of 1889, when the Banque de France (BdF) quickly intervened, ensuring that a run on the Comptoir d׳Escompte (CdE), one of the largest banks in France, did not turn into a general panic. (1950a), Art. Prescription, acquisitive and extinctive, runs in favor of, or against a married woman. Any one of the co-owners may bring an action in ejectment. Art. Responsibility arising from fraud is demandable in all obligations. The wife cannot bind the conjugal partnership without the husband's consent except in cases provided by law. (1748a), In case of temporary use by the bailor, the contract of commodatum is suspended while the thing is in the possession of the bailor. 1307. Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to each of the other co-owners. Art. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. 1290. The heir is not liable beyond the value of the property he received from the decedent. 1549. (n), Art. If the dominant estate belongs to several persons in common, the use of the easement by any one of them prevents prescription with respect to the others. (1036), Art. The donor by reason of marriage shall release the property donated from mortgages and all other encumbrances upon the same, with the exception of easements, unless in the marriage settlements or in the contracts the contrary has been stipulated. If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to said damages and the amount thereof. 1079. In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs. (437), Art. Art. On a effectivement constaté que Art. The principles upon which the preceding transitional provisions are based shall, by analogy, be applied to cases not specifically regulated by them. (1271a), Art. All marriages performed outside the Philippines in accordance with the laws in force in the country where they were performed, and valid there as such, shall also be valid in this country, except bigamous, polygamous, or incestuous marriages as determined by Philippine law. Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. Except as provided in the preceding article, no person shall use different names and surnames. 1887. 2039. If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor. 1744. 455. 647. In the cases where the return of the price is required, reduction shall be made in proportion to the time during which the lessee enjoyed the thing. Compulsory easements for drawing water or for watering animals can be imposed only for reasons of public use in favor of a town or village, after payment of the proper indemnity. (n), Art. In case of real property, the consolidation of ownership in the vendee by virtue of the failure of the vendor to comply with the provisions of article 1616 shall not be recorded in the Registry of Property without a judicial order, after the vendor has been duly heard. 866. 2090. Civil rights leader and labor activist A. Philip Randolph (1889-1979) recalls the appeal after World War I of the "Back to Africa" movement of Black Nationalist leader Marcus Garvey (1887-1940). 30. 401. (1512), Art. A minor who according to law may contract marriage, may also execute his or her marriage settlements; but they shall be valid only if the persons designated by law to give consent to the marriage of the minor take part in the ante-nuptial agreement. If the court finds that the actual value of the proposed family home does not exceed twenty thousand pesos, or thirty thousand pesos in chartered cities, and that no third person is prejudiced, the petition shall be approved.

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