Actions for Invalidating Disposals Article 272

Any creditor whose rights are due for settlement and whose debtor commits an act detrimental to him may request invalidating such act in relation to his rights if this act has reduced the creditor’s rights or increased his obligations and resulted in or increased the creditor’s insolvency subject to the provisions prescribed in the following article:

Article 273

If the debtor’s disposal is made for some consideration, such disposal shall be invalid if the debtor resorts to cheat and the disponee is aware of such consideration. The debtor shall be supposed to have restored to cheat if the creditor proves at the time of the disposal that the debtor was aware of his insolvency and the disponee shall be supposed to be unaware of the consideration if the creditor proves that the disponee was aware at the time of the disposal that the creditor was insolvent.

If the debtor’s disposal is made as for donation, its invalidity shall not require proving that the debtor resorted to cheat or that the disponee acted in good faith.

Article 274

1. If the debtor’s disposal is made for some consideration and then the successor to whom the disposed of right passed transfers it another successor for consideration, the creditor may not plead the disposal as invalid except if he proves that the second successor was aware of the debtor’s cheat and that the first successor was also aware of such cheat.

2. If the debtor’s disposal is made for donation and then the successor to whom the disposed of right passed transfers it another successor for consideration, the creditor may not plead the disposal as invalid except if he proves that the second successor was aware of the debtor’s cheat at the time when the disposal was made in favor of the first successor.

Article 275

If the creditor claims that the debtor is insolvent, he shall only prove the amount of debts due from him and the debtor shall prove that he has assets equal to or exceeding the amount of debts.

Article 276

If it is decided that the disposal invalid, all creditors prejudiced by such disposal shall benefit by this decision.

Article 277

The disponee may red himself of the action if he deposit at the court treasury an amount equal to the value of the disposed of property, but no less than a standard price.

Article 278

1. If the insolvent debtor makes a disposal to unlawfully prefer one creditor to another, all other creditors may request invalidating the disposal subject to the provisions of articles 272 to 275.

2. If the insolvent debtor settles his debt to one of his creditors before expiry of the term originally set for settlement, the other creditors may request invalidating such payment. If the debtor settles his debts after the expiry of the fixed term, those creditors may not request invalidating the settlement if it has been made by conspiracy between the debtor and the settled creditor.

Article 279

Actions for invalidating disposals shall become time-barred upon the lapse of three years from the day the creditor knows about the invalidity of the disposal against him. In call cases, actions shall abate with the lapse of fifteen years from the date the disposal is made.

Article 280

1. Whoever commits himself to perform something may refrain from fulfilling his obligation as long as the creditor has not offered to fulfill an obligation due and related to the debtor’s obligation, or as long as the creditor has not submitted an adequate security for fulfilling his obligation.

2. However, the possessor or holder of the object may refrain from returning the object till he recovered any necessary or useful expenses he has spent on the object except if his obligation to return the object has resulted from an unlawful act.

Article 281

1. The distrainer shall preserve the object in his possession in good shape according to the provisions governing the possession mortgage and submit an account on its yield.

2. If it is feared that the object distrained may be lost or damaged, the distrainer shall have the right to obtain an authorization from the court to sell it according to the provisions prescribed by the court. He may also sell it without the court permission in cases of urgency in which case the right to distrain shall move from the object to its price.

Article 282

The mere right to distrain an object shall not grant the distrainer any lien thereon.

Article 283

If the object distrained is lost or damaged, the right to distrain shall move to any due consideration or compensation as a result.

Article 284

1. The right to distrain shall abate if the object removes from the distrainer’s hand.

2. However, if the object removes from the distrainer’s hand without his knowledge or despite his objection, he may request

redeeming it within thirty days from the date he learns of removal from his hands, and before the lapse of one year from the date of its removal.

Modifying Descriptions of Obligation Effects Chapter – 1

Condition and Term A. Condition

Article 285

An obligation shall not be conditional if its existence or disappearance depends on a future matter of uncertain occurrence.

Article 286

If the condition whereon the obligation is dependant is contrary to the public order or morals, or is impossible, the obligation shall not arise if the condition is suspensive. If the condition is resolutory, it shall not ensue or affect the validity of the obligation.

However, an obligation dependant on a resolutory condition that is contrary to morals or the public order shall not be valid if that condition is the motive for the obligation.

Article 287

No obligation shall ensue if it is made dependant on a suspensive condition rendering the obligation contingent upon the obligator’s mere will.

Article 288

1. The obligation dependant on a suspensive condition shall not be valid unless that condition is materialized.

2. However, the creditor may, before the realization of that condition, take such measures as enable him to maintain his right.

Article 289

1. The obligation dependant on a resolutory condition shall take immediate effect. If the condition exists, the obligation shall abate and the creditor shall turn over what he has received. If it is impossible for him to return it for a reason attributable to him, he shall then pay compensation.

2. However, the creditor’s acts of management shall remain valid despite the realization of that resolutory condition.

Article 290

1. If the suspensive or resolutory condition is realized, its effect shall go back to the time the contract is made unless it transpires from the contracting parties’ will or the nature of the contract that the existence or absence of the obligation shall revert to the time the condition is realized.

2. However, the condition shall not have a retroactive effect if the execution of the obligation it becomes impossible for the debtor to perform the obligation before the condition exists for an extraneous cause beyond his control.

B. Term