KUHPer XXI
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Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1778) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Contents |
Chapter X - Concerning gifts
Article 1688
A gift cannot be revoked or invalidated, other than in the following circumstances:
1. due to failure to satisfy the conditions, subject to which they have been made;
2. if the donee is guilty of or is an accessory to manslaughter of the donor, or is guilty of another crime committed against the donor;
3. if he refuses to support the donor after he has fallen into circumstances of poverty.
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Article 1689
In the first instance, the gift shall remain with the donor, or he may reclaim such, free of all encumbrances and mortgages which might have been imposed thereon by the donee, together with the gains and proceeds enjoyed by him as of the time that he neglected to fulfill the conditions. The donor, may, in that instance, exercise the same rights in relation to a third holder of the donated immovable assets as those exercisable in relation to the donee.
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Article 1690
In the two last instances specified in article 1688, the transfer or mortgage of or other encumbrances on the gift shall not be invalidated prior to the demand for invalidation of the gift being stipulated following the promulgation of article 616. All transfers, mortgages or other encumbrances, which take place after the aforementioned stipulation, shall be invalid if the claim for revocation is admitted.
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Article 1691
The donee shall, in the circumstances mentioned in the previous article, return the gift, together with the gains and proceeds, to be calculated as of the day the legal claim was filed, or in the event that the assets have been transferred, the value thereof, at the time the legal claim was filed, together with the gains and proceeds at that time. He must also compensate the donor for the mortgages and other encumbrances imposed on the immovable assets by the donee also prior to the legal claim.
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Article 1692
The legal claim, stipulated in the previous article, shall expire after one year, to be calculated from the day that the event, which resulted in the legal claim, took place, and could have been known to the donor. The legal claim may not be filed by the donor against the heirs of the donee, nor may the heirs of the donor file a claim against the donee, unless in the latter circumstances the legal claim has already been filed by the donor, or if he passes away within the year that the event which resulted in the charge occurred.
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Article 1693
The stipulations in this chapter shall not form grounds for the obstruction of the stipulations in the seventh chapter of the First Book of this Civil Code.
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Chapter XI - Concerning deposits
Article 1694
A deposit shall take place, if an individual accepts assets from another party, subject to the condition that he must keep such and return such in their original state.
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Article 1695
There are two kinds of deposit; the actual deposit and sequestration.
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Article 1730
Sequestration is the deposit of assets being disputed, with a third party, who has bound himself to return such assets together with the proceeds thereof, to whomever shall be declared to be the rightful owner by the court, following the settlement of the dispute. This deposit shall take place, either by agreement or upon court order.
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Article 1731
Sequestration shall take place by agreement, if the disputed assets are voluntarily deposited with a third party by one or more individuals.
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Article 1732
It is not an absolute requirement that sequestration shall occur free of charge.
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Article 1733
Sequestration shall be subject to the same rules as the actual deposit, subject to the following exceptions.
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Article 1734
Sequestration may concern movable and immovable assets.
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Article 1735
The sequestrator, shall not be released from the deposit of the assets prior to the resolution of the dispute, unless all interested parties issue their approval thereof or there is another valid reason.
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Article 1736
Sequestration upon a court order shall take place if the judge demands that assets being disputed shall be placed on deposit.
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Article 1737
Legal sequestration by court order shall be assigned either to an individual who has been mutually approved by the parties, or to an individual who has been officially appointed by the judge on the basis of his occupation. In both cases, the individual, to whom the assets have been entrusted, shall be subject to all conditions of the sequestration by agreement, and shall be also bound to submit to the judge annually, upon the demand of the prosecution counsel, a summarized account of his management, by displaying or indicating the assets entrusted to him, however, if the relevant parties do not approve the account, he cannot oppose them by arguing that the account has been approved by the court.
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Article 1738
The judge may order sequestration in the following circumstances:
(1) regarding movable assets, which are seized while in the possession of the debtor;
(2) regarding movable or immovable assets, of which the title or ownership is disputed between two or more individuals;
(3) regarding assets which a debtor offers in settlement of his debt.
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Article 1739
The appointment of a legal custodian shall result in mutual obligations between the individual carrying out the attachment and the custodian. The custodian shall take care of the maintenance of the seized assets in the manner of a good head of the household. He shall deliver those assets, either for sale, to settle the debt with the individual who has seized the assets, or to the party against whom the attachment occurred, if such attachment has been revoked. The individual who seizes the assets shall be obligated to pay the fee, as stipulated by law, to the keeper.
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Chapter XII - Concerning lending for use
Article 1740
A loan for use is an agreement, in which one party delivers assets to another party for unrestricted use, subject to the condition that the party receiving the assets, shall return these after having used them for a specific period of time.
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Article 1741
The lender shall remain the owner of the assets on loan.
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Article 1742
Anything tradable that belongs to individuals and does not perish through use, may be the subject matter of the agreement.
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Article 1743
Contracts which have resulted from lending for use, shall be passed on to the heirs of the individual lending the assets, and to those who receive the loan. If, however, an individual makes a loan specifically to the recipient only thereof, then his heirs shall not be entitled to further enjoyment of the assets lent.
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Article 1744
An individual who receives something on loan, must be responsible, as a proper head of the household, for the storage and the maintenance of the assets lent. He cannot use the assets in any manner other than that which is in accordance with their nature, or that which has been stipulated in the agreement; and shall be liable to pay costs, damages and interest, should there be grounds therefor. In the event that he uses the assets lent, for a different purpose, or for a longer period of time, than as deemed necessary, then he shall also be liable for the loss of the assets, notwithstanding that this loss might have occurred due to an accident.
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Article 1745
If the assets lent are lost accidentally, which loss could have been prevented by the party who has received the assets on loan by using his own assets, or if he could only retain one and has given priority to his own, then he shall be liable for the loss of the other assets.
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Article 1746
If the assets were appraised at the time that they were lent, the loss shall be attributed to the party who has received the assets on loan, notwithstanding that the loss occurred as a result of an accident, unless it is provided otherwise.
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Article 1747
If the assets have depreciated in value as a result only of the use for which they were lent, and due to no fault of the user, he shall not be liable for the depreciation.
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Article 1748
If the user has incurred costs in using the assets lent, he shall not be entitled to reclaim these.
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Article 1749
If several individuals have jointly received assets on loan, they shall be respectively responsible to the lender for all of the assets.
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Article 1750
The lender shall not reclaim the assets lent until after the lapse of a specific time period, or in the absence of such stipulation, until after the assets which have been lent have been used, or could have been used.
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Article 1751
If, however, during that period of time, or before the user has finished using the assets, the lender intends to use the assets lent due to urgent and unexpected reasons, the judge may, depending upon the circumstances, order the user to return the assets lent, to the lender.
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Article 1752
In the event that the user, during the term of the loan for use, in order to protect the assets, incurs several unusual necessary expenses, for reasons which were of such an urgent nature that he was unable to notify the lender thereof in advance, then the latter mentioned must compensate him therefor.
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Article 1753
If the assets lent are damaged to the extent that the individual using them may be jeopardized, then the lender, insofar as he had been aware of the defects but failed to notify the user thereof, shall be responsible for the consequences.
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Chapter XIII - Concerning loans for consumption
Article 1754
A loan for consumption is an agreement, in which one party provides another with a specific amount of consumable items, subject to the condition that the latter mentioned shall return similar types of items of the same amount and quality.
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Article 1755
Pursuant to this loan for consumption, the borrower shall become the owner of the items lent, and in the event that these items perish in any manner, the loss shall be borne by him.
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Article 1756
The debt resulting from a monetary loan, shall only be in respect of the amount of money as stipulated in the agreement. In the event that prior to the date of settlement, there is an appreciation or depreciation in the value of the currency, or a change in the valid currency, the amount lent shall be returned in the currency that is valid at the time of settlement, to be calculated at the current rate applicable at that particular moment.
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Article 1757
The rule, stipulated in the previous article, shall not be applicable if the parties have expressly agreed that the same amount and the same kind of coins as the kind lent shall be returned. In this case, the borrower shall return the exact amount and type of coins. If the type of coins no longer exist in sufficient quantity, the absence of such shall be compensated for with coins of the same metal, if possible of the same content, and which together contain the same amount of precious metal, as the coins lent.
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Article 1758
In the event that the loan comprises bars of gold and silver, or other items, the debtor shall always return the same amount and quality, regardless of any appreciation or depreciation in the value, and shall not be bound further.
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Article 1759
A lender shall not reclaim that which has been lent prior to the lapse of the period of time stipulated in the agreement.
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Article 1760
In the event that no specific time period is stipulated, the judge may, if the lender demands the return of the items and depending upon circumstances, grant an extension of time to the individual who has received the items on loan.
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Article 1761
If the parties have agreed that the party who has received items or money on loan shall return these when he is capable of doing so, the judge shall then, depending upon circumstances, stipulate the date for the return.
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Article 1762
The stipulation in article 1753 shall apply to loans for consumption.
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Article 1763
An individual, who receives something on loan, must return such, in the same amount and condition and on the stipulated date.
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Article 1764
If he is unable to do so, then he must settle the value of that which is lent, having regard to the time and location at which the items should have been returned pursuant to the agreement. If neither the time nor the location is stipulated, then the settlement shall take place at the value of the items lent at the time and at the location at which the loan was made.
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Article 1765
It shall be permitted to agree interest in respect of the loan of money or other consumable items.
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Article 1766
The party, who has received a loan, and has paid interest which was not agreed, cannot reclaim such, nor can he reduce the principal sum, unless this exceeds the legal interest in which case the overpayment may be reclaimed or the principal sum may be reduced. The payment of interest which is not agreed shall not oblige the debtor to continue to pay it; however, agreed interest shall be due until the return or delivery of the principal amount, even if return or delivery could have taken place after the maturity date.
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Article 1767
Interest shall arise either by law, or by agreement. Legal interest shall be stipulated by law. The interest stipulated in an agreement may exceed the legal interest, in all circumstances that are not prohibited by law. The amount of interest payable negotiated in the agreement shall be stipulated in writing.
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Article 1768
If the lender has agreed to interest, without determining the amount, the individual who has received the loan, is obligated to pay the interest in accordance with the legal interest.
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Article 1769
Evidence of payment of the principal sum without any indication of interest payments, shall be presumed to include interest payments, and the debtor shall be discharged therefrom.
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Chapter XIV - Fixed or perpetual interest
Article 1770
The establishment of perpetual interest is an agreement in which the lender agrees to pay interest, upon payment a principal sum which he agrees not to reclaim.
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Article 1771
This interest is by its nature redeemable. The parties may only agree that the redemption shall not take place until after a specific time period, which if interest is agreed, shall be not more than ten years, or in the absence of notification of the creditor in advance, upon a specific, previously stipulated time period which shall not exceed a period of one year.
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Article 1772
The person liable to pay perpetual interest may be forced to redeem in the following circumstances:
(1.) if he has not paid any interest owed for two consecutive years;
(2.) if he fails to deliver the security stipulated in the agreement to the lender;
(3.) if he has been declared bankrupt or insolvent.
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Article 1773
In the first two instances, mentioned in the previous article, the debtor shall be released from the obligation of redemption, if, within twenty days effective as of the court's reminder, he pays all the previous installments due or delivers the promised security.
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Chapter XV - Concerning aleatory agreements
Article 1774
An aleatory agreement concerns an act, of which the outcome, with regard to profits and losses, whether in respect of all parties or of an individual, depends on an uncertain event. The following are of such nature: insurance agreements; annuities; games and gambling The first-mentioned agreement shall be regulated in the Commercial Code.
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Article 1775
Annuities may be established by secured agreement or by deed of gift. They may also take effect pursuant to a last will.
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Article 1776
Annuities may be established in respect of the lender, or of whomever is granted the enjoyment thereof, or with regard to a third party, notwithstanding that he shall not benefit therefrom.
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Article 1777
The same can be established in respect of one or more persons.
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Article 1778
Annuities may be established for the benefit of a third party, notwithstanding that the money has been provided by another individual. In this regard, such payments shall not be subject to the formalities which are required for gifts.
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