Table of Contents

CHAPTER VI – OF SALES BY CANT OR AUCTION

Art. 118. When a joint estate cannot conveniently be divided or without loss, or when in a partition made by common consent, of the joint property, there should be found some estate which the heirs cannot or do not chuse to take, a sale by cant or auction must be made and the price of the thing sold must be divided between the co-heirs.

Art. 119. Each one of the co-heirs may require that strangers be admitted to bid at the said sale by auction.

Art. 120. The mode and the formalities to be observed in sales by cant or auction are provided in the title of successions.

 

CHAPTER VII – OF THE ASSIGNMENT OR TRANSFER OF DEBTS AND OTHER INCORPOREAL RIGHTS

Art. 121. In the transfer of debts, rights or claims to a third person the delivery takes place between the transferrer and the transferree by the giving of the title.

Art. 122. The transferree is only possessed as it regards to third persons, after notice has been given to the debtor of the transfer having taken place.
The transferee may nevertheless become possessed by the acceptance of the transfer by the debtor in an authentic act.

Art. 123. If previous to notice having been given of the transfer to the debtor either by the transferror or by the transferree, the debtor should have made payment to the transferror, said debtor is discharged of the debt.

Art. 124. The sale or transfer of a debt includes every thing which is an accessory to the same as suretyship, privileges and mortgages.

Art. 125. He who sells a debt or an incorporeal right, warrants its existance at the time of the transfer, though no warranty be mentioned in the deed.

Art. 126. The seller does not warranty the solvency of the debtor unless he has agreed so to do.

Art. 127. When the solvency of a debtor is warranted by contract such warranty extends only to the actual solvency of the debtor and not to his future solvency unless the same be expressly submitted to by the transferror.

Art. 128. When a man sells his right to a succession without particularly specifying the objects of which it consists, he only warrants his right as an heir.

Art. 129. In case he who sells his right to a succession has already received any of the fruits or any funds belonging to the same, and if any debt due to that succession has been paid to him, he shall be bound to repay the same to the purchaser unless the same has been excepted by the contract.

Art. 130. He against whom a litigious right has been transferred, may get himself released by paying to the transferree the real price of the transfer, together with the interest from its date.

Art. 131. A right is said to be litigious whenever there exists a suit and contestation on the same.

Art. 132. The provisions of the preceding article do not apply,
1st, When the transfer has been made either to co-heirs or to the co-proprietor of the right;
2d, When such a right has been transferred to a creditor as a payment for a debt due to him;
3d, When the transfer has been made to the possessor of the inheritance subject to the litigious right.




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