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Art. Art. 1106 1106

Prescription

Prescription– acquisition/loss through lapse of – acquisition/loss through lapse of  time time Art. Art. 1107 1107

Persons capacitated to acquire through Persons capacitated to acquire through prescription; minors and incapacitated prescription; minors and incapacitated Art.

Art. 1108 1108

Persons against whom prescription run Persons against whom prescription run Art.

Art. 1109 1109

No prescription between husband and wife, No prescription between husband and wife, parents and children (minority/insanity), parents and children (minority/insanity), guardians and wards

guardians and wards Art.

Art. 1110 1110

Against a married woman Against a married woman Art.

Art. 1111 1111

Prescription obtained by co-proprietor/co-partner Prescription obtained by co-proprietor/co-partner Art.

Art. 1112 1112

Renunciation of prescription already obtained Renunciation of prescription already obtained Art.

Art. 1113 1113

Prescription: things within the commerce of man; Prescription: things within the commerce of man; not non-patrimonial property of state

not non-patrimonial property of state Art.

Art. 1114 1114

Prescription despite renunciation of debtor (eg. Prescription despite renunciation of debtor (eg. guarantor’s right) guarantor’s right) Art. Art. 1115 1115

No prejudice to other provisions No prejudice to other provisions Art.

Art. 1116 1116

 Transitory pr

 Transitory provision: shorteovision: shorter periodr period Art.

Art. 1117 1117

Acquisitive prescription: ordinary (possession in Acquisitive prescription: ordinary (possession in good faith + just title), extraordinary

good faith + just title), extraordinary Art.

Art. 1118 1118

Adverse possession: in concept of an owner, Adverse possession: in concept of an owner, public, peaceful, uninterrupted

public, peaceful, uninterrupted Art.

Art. 1119 1119

Possession: license or tolerance of owner – no Possession: license or tolerance of owner – no prescription prescription Art. Art. 1120 1120 Interrup

Interruption: Naturally tion: Naturally or civillyor civilly Art.

Art. 1121 1121

Natural interrup

Natural interruption – more than one tion – more than one year, notyear, not revived if same adverse claimant

revived if same adverse claimant Art.

Art. 1122 1122

Natural interrup

Natural interruption (effect): one year or less – tion (effect): one year or less – inin favour of

favour of prescriptprescriptionion Art.

Art. 1123 1123

Civil interruption – receipt of judicial summons Civil interruption – receipt of judicial summons Art.

Art. 1124 1124

 Judicial sum

 Judicial summons deemed mons deemed not issuednot issued Art.

Art. 1125 1125

Possessor’s recognit

Possessor’s recognition of ion of owner’s rights –owner’s rights – interruption interruption Art. Art. 1126 1126  Title recor

 Title recorded in Regisded in Register’s of Propeter’s of Property, Landrty, Land Registration Act Registration Act Art. Art. 1127 1127

Good faith – reasonable belief that the person Good faith – reasonable belief that the person from whom he received the property is the owner from whom he received the property is the owner

Art. Art. 1128 1128

Conditions of good faith Conditions of good faith Art.

Art. 1129 1129

 Just title – ad

 Just title – adverse claim of pverse claim of possession throssession throughough modes recognized by law

modes recognized by law Art.

Art. 1130 1130

 Title – true a

 Title – true and validnd valid Art.

Art. 1131 1131

 Title must b

 Title must be provene proven Art.

Art. 1132 1132

Prescript

Prescription of ion of movables: ordinary – 4years,movables: ordinary – 4years, extraordin

extraordinary – 8 ary – 8 years; owner’s right to recoveryears; owner’s right to recover Art.

Art. 1133 1133

No prescription for

No prescription for movables possessed throughmovables possessed through a crime a crime Art. Art. 1134 1134

Immovable property: ordinary prescription – 10 Immovable property: ordinary prescription – 10 years years Art. Art. 1135 1135

Discrepancy in measurement of the land/area – Discrepancy in measurement of the land/area – prescription will be based on possession

prescription will be based on possession Art.

Art. 1136 1136

Possession in wartime/ civil courts closed – in Possession in wartime/ civil courts closed – in favour of

favour of prescriptprescriptionion Art.

Art. 1137 1137

Immovables: extraordinar

Immovables: extraordinary prescription – y prescription – 3030 years years Art. Art. 1138 1138 Computation of time Computation of time Art. Art. 1139 1139 Prescript

Prescription of ion of action (civil actions)action (civil actions) Art.

Art. 1140 1140

Action to recover movables – 8 years (unless Action to recover movables – 8 years (unless property already prescribed in 4 years – Art. property already prescribed in 4 years – Art. 1132) 1132) Art. Art. 1141 1141

Action to recover immovables – 10 years ( unless Action to recover immovables – 10 years ( unless property already prescribed in 10years – Art. property already prescribed in 10years – Art. 1134) 1134) Art. Art. 1142 1142

Mortgage action – 10 years Mortgage action – 10 years Art.

Art. 1143 1143

Actions which do not prescribed: right of way, Actions which do not prescribed: right of way, and abate a public or private nuisance

and abate a public or private nuisance Art.

Art. 1144 1144

Actions prescribing in 10 years – written contract, Actions prescribing in 10 years – written contract, obligation by law,

obligation by law, judgmenjudgmentt Art.

Art. 1145 1145

Actions prescribing in 6 years – oral contract, Actions prescribing in 6 years – oral contract, quasi-contract quasi-contract Art. Art. 1146 1146

Actions prescribing in 4 years – injury to the Actions prescribing in 4 years – injury to the rights of the

rights of the plaintiff, quasi-delictplaintiff, quasi-delict Art.

Art. 1147 1147

Actions prescribing in 1 year- forcible entry and Actions prescribing in 1 year- forcible entry and detainer, defamation detainer, defamation Art. Art. 1148 1148

Art. 1140-47 without prejudice to other Art. 1140-47 without prejudice to other provisions, code of commerce, special laws provisions, code of commerce, special laws Art.

(2)

1149 Art. 1150

Prescription, without provision to the contrary, shall be counter from the day it may be brought Art.

1151

Action to enforce obligation to pay principal with interest or annuity – from day of last payment Art.

1152

Action to enforce obligation by virtue of judgment – from day of finality of judgment

Art. 1153

Action for accounting – from the day accounting ceased; result of accounting – from day result recognized by interested parties

Art. 1154

 Time when oblige was prevented by fortuitous event from enforcing his rights – not counted against him

Art. 1155

Prescription of action interrupted: case filed in court, written extrajudicial demand, written acknowledgment of debt Art. 1156 Obligation Art. 1157

Sources of obligation (law, contracts, quasi-contracts, crimes, quasi-delicts

Art. 1158

Law – never presumed (clear, specific, exact) Art.

1159

Contracts – need compliance in good faith Art.

1160

Quasi-contracts Art.

1161

Crimes – civil liability attaching to crimes Art.

1162

Quasi-delicts (torts) – negligence resulting to damages

Art. 1163

Duty to take care – diligence of a good father of a family

Art. 1164

Rights to the fruit Art.

1165

Determinate: specific performance to deliver + damages; indeterminate: compliance at the expense of debtor; obligor delays or promised the object to 2 persons: responsible for fortuitous events until delivery (exception to the rule on fortuitous event)

Art. 1166

Delivery of determinate – includes accessions and accessories

Art. 1167

Failure to do – done at his cost; not required to be done – may be undone

Art. 1168

Obligation not to do, but was done – undo at obligors expense

Art. 1169

Delay – from time oblige demands ; cases when no demand is necessary

Art. 1170

Damages – fraud, negligence, delay, contravention of tenor of contract Art.

1171

Fraud in the performance of obligation – waiver for future fraud is void

Art. 1172

Negligence Art.

1173

Negligence in the omission of diligence with bad faith = fraud Art. 1174 Fortuitous event Art. 1175 Usurious transactions Art. 1176

Receipt of principal without reservation – presumption: interest has been paid

Receipt of later instalment – presumption: prior instalments has been paid

Art. 1177

Creditors may go against debtors of the debtors Art.

1178

Rights acquired by virtue of obligation – transmissible

Art. 1179

Pure obligation; obligation with resolutory condition – demandable at once

Art. 1180

 To pay when means permit him to do so – deemed to be with a period (court)

Art. 1181

Conditional obligation Art.

1182

Fulfilment of condition depending on will of  debtor – obligation void; chance and will of third person

Art. 1183

Impossible obligation – annul obligation save for parts of divisible obligation

Art. 1184

Condition: at a determinate time – happening – extinguish

Art. 1185

Condition: at a determinate time – not to happen – effective

Art. 1186

Acts of prevention by obligor – constructive fulfilment

Art. 1187

Effects of suspensive condition– retroact to the day of constitution of obligation – appropriate fruits and interests; reciprocal obligation – mutual compensation

(3)

Art. 1188

Creditor – preservation of right prior fulfilment; recover payment by mistake

Art. 1189

Rules in case of improvement, loss or deterioration

Art. 1190

Condition: purpose is for extinguishment of  obligation to give – return what they have received

Art. 1191

Rescission of contract – implied in reciprocal obligation; creditor – choice between rescission or fulfilment +damages; without prejudice to 3rd persons

Art. 1192

Both parties breached the contract: 1stinfractor; if can’t be determined- bear own damages, exting.

Art. 1193

Obligations with a period Art.

1194

Loss, deterioration, improvement – Art. 1189 Art.

1195

Anything paid by mistake before due – may be recovered with fruits and interests

Art. 1196

Period – presumed as established for creditor and debtor unless otherwise stated

Art. 1197

No period, depend on will of debtor - court Art.

1198

Debtor lose right to period in the following cases...(guarantees/sureties, abscond) Art.

1199

Alternative obligation – complete performance of  one; creditor can’t be compelled to receive partial

Art. 1200

Right of choice – debtor; no right to choose: impossible, unlawful, not the object of obligation Art.

1201

Choice – no effect until communicated Art.

1202

Lose right of choice when only one is practicable Art.

1203

Creditor’s prevents choice of debtor – debtor may rescind

Art. 1204

Indemnity for loss/impossibility through the fault of debtor – value of last thing which disappeared + other damages

Art. 1205

Creditor’s choice – ceases to be alternative upon communication to debtor

Responsibilities of debtor in case of loss of  objects

Art. Facultative obligation– one prestation agreed

1206 upon with substitute; deterioration of substitute Art.

1207

Solidary liability – only when expressly stated, or by law of nature of obligation

Art. 1208

Absent stipulation/law/nature – joint obligation – divided into shares

Art. 1209

 Joint indivisible obligation – creditors must act collectively

Art. 1210

Indivisibility of obligation does not give rise to solidarity and vice versa

Art. 1211

Solidary – even if bound is different manner, period, condition

Art. 1212

Each solidary creditor may do what may be useful to the others

Art. 1213

Solidary creditor can’t assign his rights with consent of others

Art. 1214

Debtor may pay any creditor, if demand was made, pay creditor who demanded

Art. 1215

Novation, compensation, confusion or remission of the debt – extinguish – liability towards others Art.

1216

Creditor may proceed after any one/some/all of  solidary debtor

Art. 1217

Payment by one debtor extinguishes obligation, creditor may choose whose offer to accept, debtor may reimburse from other debtor, insolvency – shouldered by others in proportion to debt

Art. 1218

Payment made after prescription/illegal – no reimbursement

Art. 1219

Remission by creditor – debtor still responsible to co-debtors

Art. 1220

Remission of whole obligation – no reimbursement

Art. 1221

Object lost/impossible without fault of solidary debtors – extinguished; with fault – all

responsible + action against guilty debtor;

fortuitous after impossible/ delay – all responsible + action

Art. 1222

Solidary debtor – all defences from nature of  obligation or personal

Art. 1223

Divisibility/indivisibility + one debtor and one creditor – chapter2

Art. 1224

 Joint divisible obligation – indemnity any time one debtor fail to comply, those ready to pay shall no contribute

(4)

1225 performance; divisible: measurable/partial (unless stipulated otherwise); not to do – character of obligation

Art. 1226

Penal clause – penalty – substitute indemnity + interest; damages – refuse to pay penalty or fraud

Art. 1227

Cant’s exempt from performance by paying penalty; not simultaneous with performance Art.

1228

Proof of actual damages – not necessary Art.

1229

 Judge – equitably reduce penalty (iniquitous and unconscionable)

Art. 1230

Nullity of penal clause – no nullity of principal; nullity of principal – nullity of penal

Art. 1231 Extinguishment of obligation Art. 1232 Payment Art. 1233

Not deemed paid unless thing/service has been completely delivered

Art. 1234

Substantial performance in good faith – deemed as fulfilled + damages

Art. 1235

Acceptance of substantial performance without express protest – fulfilled + no damages Art.

1236

Creditor not bound to accept payment by 3rd persons; 3rdperson may reimburse from debtor except when paid without knowledge and consent – recover only what’s beneficial Art.

1237

Payment by 3rdperson without

knowledge/consent – no subrogation of rights Art.

1238

Payment by 3rdperson without intent to reimbursement = donation – need consent Art.

1239

Payment by person with no free disposal – not valid ; minors can

Art. 1240

Payment to = person in whose favour obligation was constitutes, successors in interest, authority Art.

1241

Payment to incapacitated person – valid – kept the thing, beneficial; benefit need not be proven in...

Art. 1242

Payment in good faith to person in possession of  credit – release from obligation

Art. 1243

Payment after judicial order to retain debt – invalid

Art. Debtor can’t compel creditor to receive a

1244 different object; can’t be substituted by another act against will of oblige

Art. 1245

Dation in payment Art.

1246

Indeterminate/ generic – can’t demand superior quality or accept inferior quality

Art. 1247

Extrajudicial cost – debtor; judicial cost – court Art.

1248

Creditor can’t be compel to accept partial

prestation/ debtor to make partial payment; part liquidated and part unliquidated

Art. 1249

Payment of debts in money – stipulated currency or phil. currency; mercantile documents as payment only when encashed, impaired through fault of debtor

Art. 1250

Extraordinary inflation/deflation – value at time of  constitution of obligation, unless otherwise

Art. 1251

Place of payment – stipulation, location of thing, domicile of debtor – change in domicile in bad faith or after delay – cost by debtor

Art. 1252

Various debts, same kind, same creditor – declaration, due; accepts a receipt – can’t complain after

Art. 1253

Debt with interest – principal not paid until interest are covered

Art. 1254

Most onerous debt; all of same nature – payment applied proportionately

Art. 1255

Cession – assign property in payment of debts; released for net proceeds

Art. 1256

Consignation – creditor to whom tender of  payment made refuses without just cause; consignation alone in cases...

Art. 1257

1stnotification to persons interested in fulfilment Art.

1258

Consignation – made by depositing thing due to  judicial authority; 2ndnotification

Art. 1259

Expenses of consignation – creditor Art.

1260

Withdraw consigned object: before creditor accepted, before judicial declaration – obligation remain

Art. 1261

Creditor authorize the debtor to withdraw – lose preference over the thing, co debtors, sureties, guarantors – released

(5)

Art. 1262

Determinate lost/destroyed w/o fault of debtor, before delay – extinguished; responsible for fortuitous – law, stipulation, risk – damages Art.

1263

Generic: loss/destruction – not extinguished Art.

1264

Courts - partial loss is so important as to extinguish obligation

Art. 1265

Lost in possession of debtor – presumption of  fault except in earthquake, flood, storm (calamity)

Art. 1266

Prestation becomes legally/physically impossible w/o fault of debtor – released in whole or part Art.

1267

Service has become so difficult as to be manifestly beyond the contemplation of the parties – same

Art. 1268

Debt of thing certain – criminal offense – loss – no exemption; unless offered back and creditor refused w/o justification

Art. 1269

Creditor have all rights of action of debtor against 3rdpersons by reason of loss (insurance) Art.

1270

Condonation/remission – requires acceptance (express/implied)

Art. 1271

Delivery of private document (credit) – remission; defense against claim of inofficiousness –

voluntary delivery by virtue of payment Art.

1272

Private document in possession of debtor – presumption of voluntary delivery

Art. 1273

Renunciation of principal = also accessory Art.

1274

Presumption of remittance of pledge – if found in possession of debtor/owner

Art. 1275

Confusion/merger – creditor and debtor in one and same person

Art. 1276

Merger of principal debtor and creditors – release guarantor; debtor/creditor and guarantor – not extinguished

Art. 1277

Confusion does not extinguish joint obligation; only extent of share

Art. 1278

Compensation – 2 persons are creditors and debtors of each other

Art. 1279

Requisites

Art. Guarantor may set up compensation as regards

1280 what the creditor may owe the principal debtor Art.

1281

 Total or partial compensation Art.

1282

May agree upon compensation of debts not yet due

Art. 1283

 Judicial set-off (damages) Art.

1284

Compensation before rescission/nullity of  obligation

Art. 1285

Assignment of credit by the creditor to 3rdperson Art.

1286

Compensation – by operation of law regardless of  place; indemnity for expenses of transpo – partial Art.

1287

Not proper in case of debts: from depositorium, bailee in commodatum, support for gratuitous title

Art. 1288

No compensation in civil liability from penal offense

Art. 1289

Order of compensation – follow order of payment Art.

1290

Requisites in Art. 1279 present – compensation by operation of law

Art. 1291

Novation: change object/principal condition, substitution debtor, subrogation of creditor Art.

1292

Expressed in unequivocal terms, or that the old and new obligations be on every point

incompatible with each other Art.

1293

Substituting a debtor without his consent, but always with consent of creditor

Art. 1294

Substitution without knowledge/against the will of debtor – insolvency/non-fulfilment of new debtor – no liability on old debtor

Art. 1295

Substitution with consent – creditor can go after debtor – if insolvency was existing and of public knowledge, or known to the debtor – when he delegated his debt

Art. 1296

Accessory obligation may subsist in so far as they benefit 3rdpersons who do not consent to

novation Art.

1297

New obligation is void, old will subsist; unless intended otherwise

Art. 1298

Novation is void if original obligation is void, except before annulment/when ratified Art. Same suspensive/resolutory condition

(6)

1299 Art. 1300

Subrogation of 3rdperson in the rights of creditor – legal or conventional. Legal not presumed Art.

1301

Conventional subrogation – needs consent of 3d person and original parties

Art. 1302

Legal subrogation in cases: creditor to creditor credit buy off, disinterested 3rdperson w/ consent of debtor, interested person even w/o consent of  debtor

Art.13 03

Subrogation transfers to the subrogated person the credit with all the rights of creditor

Art. 1304

Creditor to whom partial payment was given preferred over subrogated ( for reimbursement) – partial payment by 3rdperson w/ consent

Art. 1305

Contract – meeting of the minds, to bind one self  to perform an obligation Art. 1306 Freedom to contract Art. 1307

Innominate contracts – no specific name/ delagtion in law (by analogous nominate contract)

Art. 1308

Contracts bind both parties Art.

1309

Determination of performance by 3rdperson Art.

1310

If determination is evidently inequitable – the courts shall decide what is equitable

Art. 1311

Persons affected by a contract (G: parties, assigns, heirs; E: by nature, stipulation, law); stipulation pour atrui

Art. 1312

3rdpersons are bound by contracts creating real rights

Art. 1313

Right of creditors to impugn contracts intended to defraud them

Art. 1314

Liability of 3rdperson responsible for breach of  contract, induces another

Art. 1315

Perfection of contracts: consensual, real, solemn Art.

1316

Perfection of real contracts – delivery (deposit, pledge, commodatum)

Art. 1317

Unauthorized contracts are unenforceable unless ratified

Art. 1318

Requisites of a contract: consent, object, cause Art.

1319

Consent (offer, acceptance, counter-offer) Art.

1320

Acceptance – express of implied Art.

1321

Offerer may fix the time, place, and manner of  acceptance

Art. 1322

Offer made through an agent – acceptance communicated to agent

Art. 1323

Offer becomes ineffective – death, civil interdiction, insanity, insolvency before acceptance

Art. 1324

Option contract, option period, option money Art.

1325

G: Business advertisements are invitations to make an offer

Art. 1326

G: advertisements for bidders are invitations to make proposals

Art. 1327

No capacity of give consent: minors, insane or demented, deaf-mute and illiterate

Art. 1328

Contracts: during a lucid interval – valid; during hypnotic spell/state of drunkenness – voidable Art.

1329

Above incapacity is subject to modifications by law (Rules of Court)

Art. 1330

Consent through mistake, violence, intimidation, undue influence, or fraud – voidable

Art. 1331

Mistake or error – should be substantial Art.

1332

Burden of prf in case of mistake or fraud – person enforcing the contract (in case one of the parties is unable to read, in language not

understood by him) Art.

1333

No mistake – knowledge of risk, doubt, contingency

Art. 1334

Mutual error (in mistake of law) Art.

1335

Violence and intimidation Art.

1336

Violence or intimidation by a 3rdperson Art.

1337

Undue influence Art.

1338

(7)

Art. 1339

Fraud by concealment Art.

1340

Usual exaggerations in trade (dealer’s/trader’s talk) Art. 1341 Expression of opinion Art. 1342 Misrepresentation by 3rd persons Art. 1343

Misrepresentation in good faith Art.

1344

Causal fraud and incidental fraud Art.

1345

Simulation of contract (absolute of relative) Art.

1346

Absolutely simulated – void; relatively simulated (no prejudice to 3rdpersons, not contrary...) – valid Art. 1347 Object of a contract Art. 1348

Impossible things/service – can’t be the object Art.

1349

Object – must be determinate as to its kind Art.

1350

Cause: onerous – prestation/promise of thing or servicel remuneratory – service/benefit

remunerated; contracts of pure beneficence – liberality of benefactor Art. 1351 Motives Art. 1352

No cause – no effect; unlawful cause Art.

1353

False cause – void (if founded on another cause which is true and lawful)

Art. 1354

Cause – presumed to exists and lawful (unless debtor proves the contrary)

Art. 1355

Lesion or inadequacy of cause – doesn’t invalidate contract (unless F,M, UI) Art.

1356

Form of contract (G: obligatory in any form) Art.

1357

When the law requires for the contract to be in a document/other special form

Art. 1358 Public document Art. 1359 Reformation of instrument Art. 1360

Principles of the general law on reformation (note: new civil code will prevail in case of  conflict)

Art. 1361

Mutual mistake as basis of reformation Art.

1362

Mistake on one side, fraud/inequitable conduct on the other – reformation by good faith party Art.

1363

Concealment of mistake by the other party – reformation by good faith party

Art. 1364

Ignorance, lack of skill, negligence, bad faith on person drafting – reformation by either party Art.

1365

Mortgage or pledge stated as sale – reformation Art.

1366

No reformation: simple donation inter vivos, wills, real agreement is void

Art. 1367

No reformation: when one of the parties has brought an action to enforce the instrument Art.

1368

Party entitled to reformation: party, successors in interest (mutual mistake); injured party, heirs, assigns

Art. 1369

Procedure for reformation – Rules of Court (§7, Rule 130)

Art. 1370

If words are clear – literal meaning; if in the contrary – intention of the parties

Art. 1371

Intention: contemporaneous and subsequent acts

Art. 1372

Special intent over general intent Art.

1373

Interpretation of stipulation with several meanings – one which will render it effectual Art.

1374

Contract should be interpreted as a whole Art.

1375

Words with different significations – understood in that which is most in keeping with

nature/object Art.

1376

Usage and custom as aid in interpretation Art.

1377

Interpretation of obscure words or stipulations – not to favour party who caused obscurity Art.

1378

Rules in case doubts are impossible to settle Art.

1379

Principles of interpretation – Rule 123 of Rules of  Court

Art. 1380

Rescissible contracts: valid up to the time they are rescinded “validly agreed upon”

(8)

Art. 1381

Rescissible contracts Art.

1382

Payments made in a state of insolvency – rescissible

Art. 1383

Action for rescission is subsidiary Art.

1384

Rescission: only to the extent necessary to cover damages

Art. 1385

G: mutual restitution; E: if not possible, legally in the possession of 3rdpersons in good faith Art.

1386

No rescission in Art. 1381 (1,2) in contracts approved by courts

Art. 1387

Alienation presumed in fraud of creditors: gratuitous titles and onerous title

Art. 1388

Liability of purchaser in bad faith – return, indemnify

Art. 1389

Action for rescission: 4 years Art.

1390

Voidable/annullable contracts: legal incapacity to give consent, vitiation of consent; ratification Art.

1391

Action for annulment: 4 years Art.

1392

Ratification (extinguishes action to annul) Art.

1393

Ratification: express or tacit/implied Art.

1394

Ratification by guardian of incapacitated person Art.

1395

Conformity of guilty party to ratification is not required

Art. 1396

Ratification cleanses the contract of all its defects

Art. 1397

Party entitled to bring action to annul Art.

1398

Duty of mutual restitution upon annulment Art.

1399

Restitution by incapacitated person: not obliged except in so far as he has been benefited Art.

1400

Loss of thing to be returned: fruits + value of the thing at the time of loss + interest from date of  loss

Art. 1401

Extinguishment of action for annulment – if  object is lost through fraud or fault of plaintiff  Art.

1402

Inability to restore – no obligation to restore for the other party

Art. 1403

Unenforceable contracts (ratification) Art.

References

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