(795a). They shall not prejudice third persons unless they are recorded in the Registry of Property. A partner who has undertaken to contribute a sum of money and fails to do so becomes a debtor for the interest and damages from the time he should have complied with his obligation. If two or more animals are sold together, whether for a lump sum or for a separate price for each of them, the redhibitory defect of one shall only give rise to its redhibition, and not that of the others; unless it should appear that the vendee would not have purchased the sound animal or animals without the defective one. (1076). A contract of sale may be absolute or conditional. 1115. Art. The ownership of a piece of land cannot be acquired by occupation. 1371. (1787a), Art. Any one who does not wish to contribute may exempt himself by renouncing the easement for the benefit of the others. 1046. (1563a), Art. (n). Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-ownership thereof, if there be no stipulation to the contrary. 1820. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to Articles 1132, and without prejudice to the provisions of Articles 559, 1505, and 1133. If the assignment is made without the knowledge of the debtor, he may set up the compensation of all credits prior to the same and also later ones until he had knowledge of the assignment. When the waiver takes place by reason of separation, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument, and the creditors shall have the right which Article 1052 grants them. Should the usufructuary fail to give security in the cases in which he is bound to give it, the owner may demand that the immovables be placed under administration, that the movables be sold, that the public bonds, instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a bank or public institution, and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities. 1105. The depositor's heir who in good faith may have sold the thing which he did not know was deposited, shall only be bound to return the price he may have received or to assign his right of action against the buyer in case the price has not been paid him. The negotiation shall take effect as of the time when the endorsement is actually made. Where a resale is made, as authorized in this article, the buyer acquires a good title as against the original buyer. 481. In the case of a contract of sale by sample, if the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. (n), Art. The legatee or devisee of two legacies or devises, one of which is onerous, cannot renounce the onerous one and accept the other. 1981. In the case referred to in the first paragraph of the preceding article, the donor shall have a right to demand from the donee the value of property alienated which he cannot recover from third persons, or the sum for which the same has been mortgaged. (133a). 1608. 1961. 1672. Ratification cleanses the contract from all its defects from the moment it was constituted. Art. (382). When two or more owners of adjoining lands wish to exercise the right of, pre-emption or redemption, the owner whose intended use of the land in question appears best justified shall be preferred. The ownership of the thing sold is acquired by the vendee from the moment it is delivered to him in any of the ways specified in Articles 1497 to 1501, or in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee. (n). (1740a), Art. Without prejudice to the preferred rights of partnership creditors under Article 1827, on due application to a competent court by any judgment creditor of a partner, the court which entered the judgment, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts and inquiries which the debtor partner might have made, or which the circumstances of the case may require. 1530. 2123. If the thing sold should be lost in consequence of the hidden faults, and the vendor was aware of them, he shall bear the loss, and shall be obliged to return the price and refund the expenses of the contract, with damages. Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. The possession of things or rights may be had in one of two concepts: either in the concept of owner, or in that of the holder of the thing or right to keep or enjoy it, the ownership pertaining to another person. 1481. There is no warranty against hidden defects of animals sold at fairs or at public auctions, or of live stock sold as condemned. With the consent of the pledgee, the thing pledged may be alienated by the pledgor or owner, subject to the pledge. (n), Art. (4) A marriage license, except in a marriage of exceptional character (Sec. (670a), Art. Art. 1479. Art. 1445. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. 739. Art. (1183a), Art. 2228. 1888. The preceding paragraph shall not be applicable to donations made to the husband and wife jointly, between whom there shall be a right of accretion, if the contrary has not been provided by the donor. You will also need to file your appointment as executor […] If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of either line. 1069. The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will; but if the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid interval. (2) Real property which by any special provision of law is considered as personal property; (3) Forces of nature which are brought under control by science; and, (4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (407). In case the adverse claimant possesses by mistake an area greater, or less than that expressed in his title, prescription shall be based on the possession. In case of a tie, the matter shall be decided by the partners owning the controlling interest. The outgoing lessee shall allow the incoming lessee or the lessor the use of the premises and other means necessary for the preparatory labor for the following year; and, reciprocally, the incoming lessee or the lessor is under obligation to permit the outgoing lessee to do whatever may be necessary for the gathering or harvesting and utilization of the fruits, all in accordance with the custom of the place. In a contract of sale, unless a contrary intention appears, there is: (2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the buyer. 1577. 1703. 621. 878. (773a), Art. Unless there is a stipulation to the contrary, the depositary may commingle grain or other articles of the same kind and quality, in which case the various depositors shall own or have a proportionate interest in the mass. If the lessor or the lessee should not comply with the obligations set forth in Articles 1654 and 1657, the aggrieved party may ask for the rescission of the contract and indemnification for damages, or only the latter, allowing the contract to remain in force. 34. If he was not aware of them, he shall only return the price and interest thereon, and reimburse the expenses of the contract which the vendee might have paid. The donee must accept the donation personally, or through an authorized person with a special power for the purpose, or with a general and sufficient power; otherwise, the donation shall be void. 797. (1677), Art. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. In these cases, the depositary must immediately inform the depositor of the attachment or opposition. (n). 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