A Civil Law Tradition
Art. 7. Laws for the preservation of the public interest. Persons may not by their juridical acts derogate from laws enacted for the protection of the public interest. Any act in derogation of such laws is an absolute nullity.
Art. 1971. Freedom of parties. Parties are free to contract for any object that is lawful, possible, and determined or determinable.
Art. 1914. Nominate and innominate contracts. Nominate contracts are those given a special designation such as sale, lease, loan, or insurance. Innorninate contracts are those with no special designation.
Art. 1915. Rules applicable to all contracts. All contracts, nominate and innominate, are subject to the rules of this title.
Art. 1916. Rules applicable to nominate contracts. Nominate contracts are subject to the special rules of the respective titles w en those rules modify, complement, or depart from the rules of this title.
Art. 1917. Rules applicable to all kinds of obligations The rules of this title are applicable also to obligations that arise from sources other than contract to the extent that those rules are compatible with the nature of those obligations.
Art. 1831. Party must prove obligation. A party who demands performance of an obligation must prove the existence of the obligation. A party who asserts that an obligation is null, or that it has been modified or extinguished, must prove the facts or acts giving rise t the nullity, modification, or extinction.
Art. 1826. Effects.
A. When subrogation results from a person’s performance of the obligation of another, that obligation subsists in favor of the person who performed it who may avail himself of the action and security of the original obligee against the obligor, but is extinguished for the original obligee. B. An original obligee who has been paid only in part may exercise his right for the balance of the debt in preference to the new obligee. This right shall not be waived or altered if the original obligation arose from injuries sustained or loss occasioned by the original obligee as a result of the negligence or intentional conduct of the original obligor.
Art. 1827. Conventional subrogation by the obligee. An obligee who receives performance from a third person may subrogate that person to the rights of the obligee, even without the obligor’s consent. That subÂrogation is subject to the rules governing the assignment of rights.
Art. 1828. Conventional subrogation by the obligor. An obligor who pays a debt with money or other fungible things borrowed for that purpose may subrogate the lender to the rights of the obligee, even without the obligee’s consent.
Art. 1829. Subrogation by operation of law. Subrogation takes place by operation of law:
(1) In favor of an obligee who pays another obligee whose right is preferred to his because of a privilege, pledge, mortgage, or security interest;
(2) In favor of a purchaser of movable or immovable property who uses the purchase money to pay creditors holding any privilege, pledge, mortgage, or security interest on the property;
(3) In favor of an obligor who pays a debt he owes with others or for others and who h s recourse against those others as a result of the payment;
(4) In favor of a successor who pays estate debts with his own funds; and
(5) In the other cases provided by law. Art. 1830. Effects of legal subrogation. When subrogation takes place by operation of law, the new obligee may recover from the obligor only to the extent of the performance rendered to the original obligee. The new obligee may not recover more by invoking conventional subÂrogation.
Art. 1830. Effects of legal subrogation. When subrogation takes place by operation of law, the new obligee may recover from the obligor only to the extent of the performance rendered to the original obligee. The new obligee may not recover more by invoking conventional subrogation.
Art. 1821. Assumption by agreement between obligor and third person An obligor and a third person may agree to an assumption by the latter of an obligation of the former. To be enforceable by the obligee against the third person, the agreement must be made in writing. The obligee’s consent to the agreement does not effect a release of the obligor. The unreleased obligor remains solidarily bound with the third person.
Art. 1786. Several, joint, and solidary obligations. When an obligation binds more than one obligor to one obligee, or binds one obligor to more than one obligee, or binds more than one obligor to more than one obligee, the obligation may be several, joint, or solidary.
Art. 1777. Express or implied term. A term for the performance of an obligation may be express or it may be implied by the nature of the contract. Performance of an obligation not subject to a term is due immediately.
Art. 1778. Term for performance. A term for the performance of an obligation is a period of time either certain or uncertain. It is certain when it is fixed. It is uncertain when it is not fixed but is determinable either by the intent of the parties or by the occurrence of a future and certain event. It is also uncertain when it is not determinable, in which case the obligation must be performed within a reasonable time.
Art. 1785. Performance on term. Performance on term must be in accordance with the intent of the parties, or with established usage when the intent cannot be ascertained.
Art. 1767. Suspensive and resolutory condition. A conditional obligation is one dependent on an uncertain event. If the obligation may not be enforced until the uncertain event occurs, the condition is suspensive. If the obligation may be immediately enforced but will come to an end when the uncertain event occurs, the condition is resolutory.
Art. 1768. Expressed and implied conditions. Conditions may be either expressed in a stipulation or implied by the law, the nature of the contract, or the intent of the parties.
Art. 1769. Unlawful or impossible condition. A suspensive condition that is unlawful or impossible makes the obligation null.
Art. 1770. Condition that depends on the whim or the will of the obligor A suspensive condition that depends solely on the whim of the obligor makes the obligation null. A resolutory condition that depends solely on the will of the obligor must be fulfilled in good faith.
Art. 1765. Heritable obligation. An obligation is heritable when its performance may be enforced by a successor of the obligee or against a successor of the obligor. Every obligation is deemed heritable as to all parties, except when the contrary results from the terms or from the nature of the contract. A heritable obligation is also transferable between living persons.
Art. 1766. Strictly personal obligation. An obligation is strictly personal when its performance can be enforced only by the obligee, or only against the obligor. When the performance requires the special skill or qualification of the obligor, the obligation is presumed to be strictly personal on the part of the obligor. All obligations to perform personal services are presumed to be strictly personal on the part of the obligor. When the performance is intended for the benefit of the obligee exclusively, the obligation is strictly personal on the part of that obligee.
