Table of Contents

SECTION V - OF CONFUSION

Art. 200. When the qualities of debtor and creditor are united in the same person, there arises a confusion of right which extinguishes the two credits.

Art. 201. This confusion that takes place in the person of the principal debtor, avails his sureties.
That which takes place in the person of the surety, does not operate the extinction of the principal obligation.
That which takes place in the person of the creditor, avails his co-debtors in solido, only for the portion in which he was debtor.

 

SECTION VI - OF THE LOSS OF THE THING DUE

Art. 202. When the certain and determinate substance which was the object of obligation, is destroyed, is rendered unsaleable, or is lost, so that it is absolutely not known to exist, the obligation is extinguished, if the thing has been destroyed or lost, without the fault of the debtor, and before he was in delay.
Even when the debtor is in delay, if he has not taken upon himself, fortuitous accidents, the obligation is extinguished in case the thing might have equally been destroyed in the possession of the creditor, if it had been delivered to him.
The debtor is bound to prove the fortuitous accidents he alledges.
In whatever manner a thing is stolen, may have been destroyed or lost, its loss does not discharge the person who carried it off from the obligation of restoring its value.

Art. 203. When the thing is destroyed, rendered unsaleable, or lost, without the fault of the debtor, he is bound if he has any claim or action for indemnification, on account of that thing, to make over the same to the creditor.

 

SECTION VII - OF THE ACTION OF NULLITY OR OF RESCISSION OF AGREEMENTS

Art. 204. In all cases in which the action of nullity or of rescission of an agreement, is not limited to a shorter period by a particular law, that action may be brought within ten years.
That time commences in case of violence, only from the day on which the violence has ceased; in case of error or deception, from the day on which either was discovered; and for acts executed by married women not authorised, from the day of the dissolution of the marriage or of the separation.
With regard to acts executed by persons under interdiction, the time commences only from the day that the interdiction is taken off; and with regard to acts executed by minors, only from the day on which they become of age.

Art. 205. A simple lesion gives occasion to rescission in favor of a minor not emancipated, against all sorts of engagements; and in favor of a minor emancipated against all engagements exceeding the bounds of his capacity, as is laid down under the title of minors, and of their tutorship, &c.

Art. 206. A minor is not restituable (cannot be relieved against his engagements) on the plea of lesion, when it proceeds only from a casual and unforeseen event.

Art. 207. The mere declaration of majority made by a minor is no obstacle to his restitution.

Art. 208. A minor carrying on commerce, being an artisan, is not restituable against the engagements into which he has entered in the way of his business or art.

Art. 209. A minor is not restituable against the engagements stipulated in his marriage contract, if they were entered into with the consent or in the presence of those whose consent is requisite for the validity of his marriage.

Art. 210. He is not restituable against the obligations resulting from his offences or quasi offences.

Art. 211. He cannot make void the engagements which he had subscribed in his minority, when once he has ratified it in his majority, whether that engagement was null in its form, or whether it was only subject to restitution.

Art. 212. When minors, persons under interdiction, or married women are admitted, in these qualities to the benefit of restitution against their engagements, the reimbursement of what may have been paid, in consequence of those engagements, during minority, interdiction, or marriage, cannot be required of them, unless it be proved that what was paid accrued to their benefit.

Art. 213. Persons of the age of majority cannot receive the benefit of restitution on account of lesion, except in cases and under conditions specifically expressed by law.

Art. 214. When the formalities required with regard to minors or persons under interdiction, either for the alienation of immoveable property, or in a partition of a succession, have been complied with, they are considered as to these acts, as though they had executed them being of full age, or before interdiction.




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