CIVIL AND COMMERCIAL CODE OF THE NATION Law 26,994 Approval THEMATIC INDEX PRELIMINARY TITLE Chapter 1 Law arts. 1st to 3rd Chapter 2 Law arts. 4th to 8th Chapter 3 Exercise of rights arts. 9th to 14th Chapter 4 Rights and property arts. 15 to 18 FIRST BOOK - GENERAL PART Title I Human person arts. 19 to 140 Title II Legal person arts. 141 to 224 Title III Goods arts. 225 to 256 Title IV Facts and legal acts arts. 257 to 397 Title V Transfer of rights arts. 398 to 400 SECOND BOOK - FAMILY RELATIONS Title I Marriage arts. 401 to 445 Title II Marriage property regime arts. 446 to 508 Title III Coexistence unions arts. 509 to 528 Title IV Relationship arts. 529 to 557 Title V Filiation arts. 558 to 593 Title VI Adoption arts. 594 to 637 Title VII Parental responsibility arts. 638 to 704 Title VIII Family processes arts. 705 to 723 THIRD BOOK - PERSONAL RIGHTS Title I Obligations in general arts. 724 to 956 Title II Contracts in general arts. 957 to 1091 Title III Consumer contracts arts. 1092 to 1122 Title IV Contracts in particular arts. 1123 to 1707 Title V Other sources of obligations arts. 1708 to 1881 BOOK FOUR - REAL RIGHTS Title I General provisions arts. 1882 to 1907 Title II Possession and possession arts. 1908 to 1940 Title III Domain arts. 1941 to 1982 Title IV Condominium arts. 1983 to 2036 Title V Horizontal Property arts. 2037 to 2072 Title VI Real estate sets arts. 2073 to 2113 Title VII Surface arts. 2114 to 2128 Title VIII Usufruct arts. 2129 to 2153 Title IX Use arts. 2154 to 2157 Title X Room arts. 2158 to 2161 Title XI Servitude arts. 2162 to 2183 Title XII Real guarantee rights arts. 2184 to 2237 Title XIII Possessor actions and real actions arts. 2238 to 2276 BOOK FIVE - TRANSMISSION OF RIGHTS DUE TO DEATH Title I Successions arts. 2277 to 2285 Title II Acceptance and resignation of the inheritance arts. 2286 to 2301 Title III Assignment of inheritance arts. 2302 to 2309 Title IV Inheritance request arts. 2310 to 2315 Title V Responsibility of the heirs and legatees. arts. 2316 to 2322 Liability settlement Title VI State of indivision arts. 2323 to 2334 Title VII Succession process arts. 2335 to 2362 Title VIII Partition arts. 2363 to 2423 Title IX Intestate successions arts. 2424 to 2443 Title X Legitimate portion arts. 2444 to 2461 Title XI Probate successions arts. 2462 to 2531 BOOK SIX - PROVISIONS COMMON TO PERSONAL AND REAL RIGHTS Title I Prescription and expiration arts. 2532 to 2572 Title II Privileges arts. 2573 to 2586 Title III Right of retention arts. 2587 to 2593 Title IV Provisions of private international law arts. 2594 to 2671 Law 26,994 Approval Sanctioned: October 1, 2014 Enacted: October 7, 2014 The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc. sanction with force of Law: ARTICLE 1 - The Civil and Commercial Code of the Nation is approved, which as Annex I integrates this law. ARTICLE 2 - The Annex II that integrates the present law is approved, and the substitution of the articles of the laws indicated in it, by the texts that for each case are expressed. ARTICLE 3 - The following regulations are repealed: a) Laws Nros. 11,357, 13,512, 14,394, 18,248, 19,724, 19,836, 20,276, 21,342 - with the exception of its article 6 -, 23,091, 25,509 and 26,005; b) Section IX of Chapter II - Articles 361 to 366 - and Chapter III of Law 19,550, t.o. 1984; c) Articles 36, 37 and 38 of Law 20,266 and its amendments; d) Article 37 of Decree 1798 of October 13, 1994; e) Articles 1 to 26 of Law 24,441; f) Chapters I - with the exception of the second and third paragraphs of article 11 - and III - with the exception of the second and third paragraphs of article 28 - of Law 25,248; g) Chapters III, IV, V and IX of Law 26,356. ARTICLE 4 - The Civil Code, approved by law 340, and the Commercial Code, approved by laws Nros. 15 and 2,637, except articles 891, 892, 907, 919, 926, 984 to 996, 999 to 1003 and 1006 to 1017/5, which are incorporated as articles 631 to 678 of law 20,094, empowering the national Executive Power to renumber the articles of the cited law by virtue of the incorporation of the preceding norms. ARTICLE 5 - The laws that currently integrate, complement or are incorporated into the Civil Code or the Commercial Code, except as established in the Article 3 of this law, remain in force as laws that complement the Civil and Commercial Code of the Nation approved by Article 1 of this. ARTICLE 6 - Any reference to the Civil Code or the Commercial Code contained in current legislation must be understood as referring to the National Civil and Commercial Code which is hereby approved. ARTICLE 7 - This law will enter into force on January 1, 2016. ARTICLE 8 - The following are applicable as complementary norms of application of the Civil and Commercial Code of the Nation: First. "In the cases in which at the time of entry into force of this law the personal separation had been decreed, any of those who were spouses You can request the conversion of the personal separation sentence into a divorce bond. If the conversion is requested by mutual agreement, the judge who intervened in the separation or domicile of any of the petitioners is competent, at his option; I know resolves, without any formalities, with the approval of the petition. If unilaterally requested, the judge who intervened in the separation or the residence of the former spouse who does not request the conversion is competent; the judge decides after hearing for three (3) days. The conversion resolution must be recorded in the record that took note of the separation. ” Second. "They are considered just reasons and do not require judicial intervention for the change of name and surname, the cases in which there is a simple adoption sentence or full and even if it had not been annulled, as long as it is proven that the adoption has as antecedent the separation of the adoptee from his biological family by means of state terrorism. " (Corresponds to article 69 of the Civil and Commercial Code of the Nation). ARTICLE 9 - The following are applicable as transitory norms of application of the Civil and Commercial Code of the Nation: First. “The rights of indigenous peoples, in particular community ownership of the lands they traditionally occupy and of those other suitable and sufficient to human development will be the object of a special law. ” (Corresponds to article 18 of the Civil and Commercial Code of the Nation). Second. "The protection of the unimplanted embryo will be subject to a special law." (Corresponds to article 19 of the Civil and Commercial Code of the Nation). Third. "Those born before the entry into force of the Civil and Commercial Code of the Nation by assisted human reproduction techniques are children of the one who gave birth and the man or woman who has also given their free, prior and informed consent to carry out the procedure that gave rise to the newborn, and the minutes must be completed of birth before the Civil Registry and Capacity of Persons when only a filial bond with the person who gave birth and always with the consent of the other mother or of the father who does not appear in said act. ” (Corresponds to Chapter 2 of Title V of the Second Book of the Civil and Commercial Code of the Nation). Quarter. "The responsibility of the national State and its officials for the acts and omissions committed in the exercise of their functions shall be subject to a special law." (Corresponds to articles 1764, 1765 and 1766 of the Civil and Commercial Code of the Nation). ARTICLE 10. - Contact the national Executive Power. GIVEN IN THE SESSION ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, THE FIRST DAY OF THE MONTH OF OCTOBER OF THE YEAR TWO THOUSAND FOURTEEN. - REGISTERED UNDER Nº 26,994 - BELOVED BOUDOU. - JULIAN A. DOMINGUEZ. - Lucas Chedrese. - Juan H. Estrada. ANNEX I PRELIMINARY TITLE CHAPTER 1 Straight ARTICLE 1 .- Sources and application. The cases that this Code governs must be resolved according to the applicable laws, in accordance with the National Constitution and the human rights treaties to which the Republic is a party. To this end, the purpose of the rule will be taken into account. The uses, practices and customs are binding when the laws or the interested parties refer to them or in situations not legally regulated, provided they are not contrary to law. ARTICLE 2 ° .- Interpretation. The law must be interpreted taking into account its words, its purposes, similar laws, the provisions that arise from treaties on human rights, legal principles and values, in a manner consistent with the entire legal system. ARTICLE 3 .- Duty to resolve. The judge must resolve the matters that are submitted to his jurisdiction by means of a reasonably founded decision. EPISODE 2 Law ARTICLE 4 .- Subjective scope. The laws are mandatory for all who inhabit the territory of the Republic, be they citizens or foreigners, residents, domiciled or passers-by, without prejudice to the provisions of special laws. ARTICLE 5.- Validity. Laws apply after the eighth day of their official publication, or from the day they determine. ARTICLE 6.- How to count the right intervals. The way to count the intervals on the right is as follows: day is the interval that runs from midnight to midnight. In the terms fixed in days, counting from a certain one, it is excluded from the computation, which must start the next. The terms of months or years are compute from date to date. When in the month of expiration there is no day equivalent to the initial day of the computation, it is understood that the term expires on the last day of that month. The terms expire at twenty-four hours on the respective due date. The civil calculation of the terms is full and continuous days, and non-working days are not excluded or not working days. In the terms set in hours, starting from a certain time, it is excluded from the computation, which must start from the next hour. The laws o the parties may provide that the computation be carried out in another way. ARTICLE 7 ° .- Temporary effectiveness. From their entry into force, the laws apply to the consequences of existing legal relationships and situations. The laws do not have retroactive effect, whether or not they are of public order, unless otherwise provided. The retroactivity established by law cannot affect rights protected by constitutional guarantees. The new supplementary laws are not applicable to contracts in progress, with the exception of the rules most favorable to the consumer in relations of consumption. ARTICLE 8 °. - Principle of inexcusability. Ignorance of the laws does not serve as an excuse for compliance, if the exception is not authorized by law legal. CHAPTER 3 Exercise of rights ARTICLE 9 .- Principle of good faith. Rights must be exercised in good faith. ARTICLE 10.- Abuse of the right. The regular exercise of your own right or the fulfillment of a legal obligation cannot constitute as illegal any act. The law does not protect the abusive exercise of rights. Such is considered the one that contradicts the purposes of the legal system or the one that exceeds the limits imposed by good faith, morals and good customs. The judge must order what is necessary to avoid the effects of the abusive exercise or the abusive legal situation and, if appropriate, seek the replacement of the state of fact above and set compensation. ARTICLE 11.- Abuse of a dominant position. The provisions of articles 9 and 10 apply when a dominant position is abused in the market, without prejudice to the specific provisions contemplated in special laws. ARTICLE 12.- Public order. Fraud to the law. Particular conventions cannot invalidate the laws in whose observance public order is interested. The act in respect of which the protection of a legal text is invoked, which pursues a result substantially analogous to that prohibited by a peremptory norm, is considered granted in fraud to the law. In that case, the act must be subject to the imperative norm that is to be avoided. ARTICLE 13.- Waiver. General waiver of laws is prohibited. The effects of the law can be waived in the particular case, except that the law Legal prohibit it. ARTICLE 14.- Individual and collective incidence rights. This Code recognizes: a) individual rights; b) collective advocacy rights. The law does not protect the abusive exercise of individual rights when it may affect the environment and collective advocacy rights in general. CHAPTER 4 Rights and assets ARTICLE 15.- Ownership of rights. People are holders of individual rights over the assets that make up their assets in accordance with what is established in this Code. ARTICLE 16.- Goods and things. The rights referred to in the first paragraph of article 15 may fall on assets that are of economic value. Material goods they are called things. The dispositions referring to things are applicable to energy and natural forces capable of being placed at the service of man. ARTICLE 17.- Rights over the human body. Rights over the human body or its parts do not have a commercial value, but affective, therapeutic, scientific, humanitarian or social and can only be made available by the owner provided that one of these values ​​is respected and as provided by special laws. ARTICLE 18.- Rights of indigenous communities. Recognized indigenous communities have the right to community possession and ownership of the lands that traditionally they occupy and those other suitable and sufficient for human development as established by law, in accordance with the provisions of article 75 subsection 17 of the National Constitution. BOOK FIRST GENERAL PART TITLE I Human person CHAPTER 1 Beginning of existence ARTICLE 19.- Beginning of existence. The existence of the human person begins with conception. ARTICLE 20.- Duration of the pregnancy. Time of conception. Time of conception is the time between the maximum and the minimum set for the duration of the pregnancy. I know it presumes, unless proof to the contrary, that the maximum period of pregnancy is three hundred days and the minimum of one hundred and eighty, excluding the day of birth. ARTICLE 21.- Birth with life. The rights and obligations of the conceived or implanted in the woman are irrevocably acquired if she is born alive. If he is not born alive, the person is considered never to have existed. The live birth is presumed. EPISODE 2 Capacity SECTION 1 General principles ARTICLE 22.- Capacity of law. Every human person has the aptitude to be the holder of legal rights and duties. The law can deprive or limit this capacity regarding facts, simple acts, or specific legal acts. ARTICLE 23.- Exercise capacity. Every human person can exercise their rights by themselves, except the limitations expressly provided in this Code and in a court ruling. ARTICLE 24.- People unable to exercise. They are unable to exercise: a) the person to be born; b) the person who does not have sufficient age and degree of maturity, with the scope provided in Section 2 of this Chapter; c) the person declared incapable by judicial sentence, to the extent provided in that decision. SECTION 2 Underage person ARTICLE 25.- Minor and adolescent. Minor is the person who has not turned eighteen. This Code refers to a teenager as a minor who turned thirteen. ARTICLE 26.- Exercise of rights by the minor. The minor person exercises his rights through his legal representatives. However, the one with sufficient age and maturity can carry out by itself the acts that are permitted by the legal system. In conflict situations of interests with their legal representatives, can intervene with legal assistance. The minor person has the right to be heard in all judicial proceedings that concern him as well as to participate in decisions about him. It is presumed that the adolescent between thirteen and sixteen years of age has the aptitude to decide for himself regarding those treatments that are neither invasive nor compromise their state of health or cause serious risk to your life or physical integrity. If these are invasive treatments that compromise their health status or integrity or life are at risk, the adolescent must consent to the assistance from their parents; the conflict between the two is resolved taking into account their best interests, based on medical opinion regarding the consequences of the performance or not of the medical act. From the age of sixteen the adolescent is considered an adult for decisions regarding the care of his own body. ARTICLE 27.- Emancipation. The celebration of marriage before the age of eighteen emancipates the minor person. The emancipated person enjoys full exercise capacity with the limitations provided in this Code. Emancipation is irrevocable. The annulment of the marriage does not void emancipation, except in respect of the spouse in bad faith for whom he ceases from the day in which the sentence passes in res judicata authority. If something is due to the minor with a clause of not being able to perceive it until the age of majority, emancipation does not alter the obligation or the time of its enforceability. ARTICLE 28.- Acts prohibited to the emancipated person. The emancipated person cannot, nor with judicial authorization: a) approve the accounts of their guardians and give them a settlement; b) make a donation of goods that would have been received free of charge; c) strengthen obligations. ARTICLE 29.- Acts subject to judicial authorization. The emancipated requires judicial authorization to dispose of the goods received free of charge. The authorization must be granted when the act is of any need or obvious advantage. ARTICLE 30.- Minor person with an enabling professional title. A minor who has obtained a qualifying title to practice a profession may exercise it on your own without prior authorization. He has the administration and disposition of the goods that he acquires with the product of his profession and may be in civil or criminal trial for issues related to it. SECTION 3 Capacity restrictions 1st paragraph Common principles ARTICLE 31.- General rules. The restriction on the exercise of legal capacity is governed by the following general rules: a) the general exercise capacity of the human person is presumed, even when they are hospitalized in a healthcare establishment; b) limitations on capacity are exceptional and are always imposed for the benefit of the person; c) State intervention is always interdisciplinary in nature, both in the treatment and in the judicial process; d) the person has the right to receive information through appropriate means and technologies for its understanding; e) the person has the right to participate in the judicial process with legal assistance, which must be provided by the State if it lacks the means; f) The least restrictive therapeutic alternatives of rights and freedoms should be prioritized. ARTICLE 32.- Person with restricted capacity and disability. The judge may restrict the capacity for certain acts of a person over the age of thirteen who suffers from an addiction or a permanent or prolonged mental alteration of sufficient severity, provided that he considers that the exercise of his full capacity may result in damage to your person or property. In relation to said acts, the judge must designate the necessary support or supports provided for in article 43, specifying the functions with reasonable adjustments based on the needs and circumstances of the person. The designated support or supports must promote autonomy and favor decisions that respond to the preferences of the protected person. By exception, when the person is absolutely unable to interact with their environment and express their will in any way, medium or format adequate and the support system is ineffective, the judge can declare incapacity and appoint a conservator. ARTICLE 33.- Legitimized. They are entitled to request the declaration of incapacity and restricted capacity: a) the interested party; b) the de facto non-separated spouse and the cohabiting partner while the cohabitation has not ceased; c) relatives within the fourth grade; if they were by affinity, within the second degree; d) The Public Ministry. ARTICLE 34.- Precautionary measures. During the process, the judge must order the necessary measures to guarantee the personal and patrimonial rights of the person. In such a case, the decision must determine which acts require the assistance of one or more supports, and which the representation of a curator. You can also designate networks of support and people who act with specific functions according to the case. ARTICLE 35.- Personal interview. The judge must guarantee immediacy with the interested party during the process and interview him personally before issuing any resolution, ensuring the accessibility and reasonable adjustments of the procedure according to its situation. The Public Ministry and at least one lawyer who assists the interested, must be present at the hearings. ARTICLE 36.- Intervention of the interested party in the process. Competition. The person in whose interest the process is carried out is a party and can provide all the evidence what they do to their defense. The request for a declaration of incapacity or restriction of capacity has been filed before the judge corresponding to their domicile or place of admission, if the person in whose interest is taking place the process has appeared without a lawyer, one must be appointed to represent her and provide legal assistance in the trial. The person who requested the statement can provide all kinds of evidence to prove the facts invoked. ARTICLE 37.- Judgment. The sentence must be pronounced on the following aspects related to the person in whose interest the process is followed: a) diagnosis and prognosis; b) time when the situation manifested itself; c) existing personal, family and social resources; d) regime for the protection, assistance and promotion of the greatest possible autonomy. To issue, the opinion of an interdisciplinary team is essential. ARTICLE 38.- Scope of the sentence. The sentence must determine the extension and scope of the restriction and specify the functions and acts that are limited, seeking that the affectation of personal autonomy is as little as possible. Likewise, it must designate one or more support persons or curators in accordance with the provisions of the Article 32 of this Code and indicate the conditions of validity of the specific acts subject to the restriction with indication of the person or persons involved and the modality of his performance. ARTICLE 39.- Registration of the sentence. The sentence must be registered in the Registry of Civil Status and Capacity of Persons and must be recorded in the margin of the birth certificate. Without prejudice to the provisions of article 45, the acts mentioned in this Chapter produce effects against third parties only as of the date of registration. Once the restrictions have disappeared, the registration is immediately canceled. ARTICLE 40.- Review. The review of the declaratory judgment can take place at any time, at the request of the interested party. In the case provided for in article 32, the sentence must be reviewed by the judge within a period not exceeding three years, based on new interdisciplinary opinions and mediating the personal hearing with the interested. It is the duty of the Public Prosecutor's Office to ensure effective compliance with the judicial review referred to in the first paragraph and to urge, where appropriate, that it be carried out if the judge it had not been carried out within the period established therein. ARTICLE 41.- Internment. Hospitalization without the consent of a person, whether or not their capacity is restricted, proceeds only if the precautions provided in the special legislation and the general rules of this Section. In particular: a) it must be based on an evaluation of an interdisciplinary team in accordance with the provisions of article 37, which indicates the reasons that justify it and the absence of a effective alternative less restrictive of your freedom; b) only proceeds in the presence of a certain and imminent risk of entity damage to the protected person or to third parties; c) it is considered a therapeutic resource of a restrictive nature and for the shortest possible time; it must be periodically supervised; d) due process, immediate judicial control and the right of defense must be guaranteed through legal assistance; e) The sentence approving the hospitalization must specify its purpose, duration and periodicity of the review. Every person with mental disorders, whether or not they are hospitalized, enjoys fundamental rights and their extensions. ARTICLE 42.- Transfer arranged by public authority. Evaluation and hospitalization. The public authority may order the transfer of a person whose state does not admit procrastination and you are at certain and imminent risk of harm to yourself or to third parties, to a health center for evaluation. In this case, if admission is admitted, The deadlines and modalities established in the special legislation must be complied with. The security forces and public health services must render immediate assistance. 2nd paragraph Support systems to exercise capacity ARTICLE 43.- Concept. Function. Designation. Support is understood as any measure of a judicial or extrajudicial nature that makes it easier for the person in need to take decisions to direct his person, to administer his goods and to celebrate legal acts in general. Support measures have the function of promoting autonomy and facilitating communication, understanding and the expression of the person's will for the exercise of your rights. The interested party may propose to the judge the appointment of one or more people of his trust to support him. The judge must evaluate the scope of the appointment and seek the protection of the person with respect to possible conflicts of interest or undue influence. The resolution must establish the condition and quality of the measures of support and, if necessary, be registered in the Registry of Civil Status and Capacity of Persons. 3rd paragraph Acts carried out by an incapable person or with restricted capacity ARTICLE 44.- Acts subsequent to the registration of the sentence. The acts of the incapable person and with restricted capacity that contravene the provisions of the judgment made after its registration in the Registry of Civil Status and Capacity of Persons. ARTICLE 45.- Acts prior to registration. The acts prior to the registration of the sentence can be declared null, if they harm the incapable person or with restricted capacity, and one of the following extremes is met: a) mental illness was evident at the time of the celebration of the act; b) whoever contracted with him was in bad faith; c) the act is free of charge. ARTICLE 46.- Deceased person. After his death, inter-alive acts prior to the registration of the sentence cannot be challenged, except that the mental illness results from the act itself, that death has occurred after the action for the declaration of disability or restricted ability has been promoted, that the act is free of charge, or that it is proven that whoever contracted with it acted in bad faith. 4th paragraph Cessation of disability and restrictions on capacity ARTICLE 47.- Procedure for cessation. The cessation of the incapacity or of the restriction to the capacity must be decreed by the judge who declared it, after examining a Interdisciplinary team integrated in accordance with the guidelines of article 37, which rules on the reinstatement of the person. If the restoration is not total, the judge can extend the list of acts that the person can perform by himself or with the assistance of his curator or support. 5th paragraph Disabled ARTICLE 48.- Prodigals. Those who expose their spouse, partner or their minor children may be disabled due to the prodigality in the management of their property. or disabled to loss of assets. For these purposes, a person with a disability is considered to be any person who suffers from a permanent functional alteration or prolonged, physical or mental, which in relation to their age and social environment implies considerable disadvantages for their family, social, educational or work integration. Action only corresponds to the spouse, partner and the ancestors and descendants. ARTICLE 49.- Effects. The declaration of disqualification matters the designation of a support, which must assist the disabled in the granting of acts of disposition between alive and in the other acts that the judge fixes in the sentence. ARTICLE 50.- Cessation of disqualification. The cessation of the disqualification is decreed by the judge who declared it, after an interdisciplinary examination ruling on the restoration of the person. If the restoration is not complete, the judge can expand the list of acts that the person can carry out by himself or with support. CHAPTER 3 Rights and very personal acts ARTICLE 51.- Inviolability of the human person. The human person is inviolable and in any circumstance has the right to the recognition and respect of his dignity. ARTICLE 52.- Affectations to dignity. The human person injured in his personal or family privacy, honor or reputation, image or identity, or who in any way is undermined in his personal dignity, can claim the prevention and repair of the damages suffered, in accordance with the provisions of Book Three, Title V, Chapter one. ARTICLE 53.- Right to the image. To capture or reproduce the image or voice of a person, in whatever way, their consent is necessary, except in the following cases: a) that the person participates in public events; b) that there is a priority scientific, cultural or educational interest, and sufficient precautions are taken to avoid unnecessary harm; c) that it involves the regular exercise of the right to report on events of general interest. In the case of deceased persons, their heirs or the one designated by the deceased may consent in a last-will provision. If there is disagreement between heirs of the same degree, decides the judge. Twenty years after death, non-offensive reproduction is free. ARTICLE 54.- Dangerous acts. The fulfillment of the contract that aims to carry out acts dangerous to the life or integrity of a person is not required, except that they correspond to their habitual activity and that the prevention and security measures appropriate to the circumstances are adopted. ARTICLE 55.- Disposition of very personal rights. Consent to the provision of personal rights is admitted if it is not contrary to the law, moral or good manners. This consent is not presumed, it is of restrictive interpretation, and freely revocable. ARTICLE 56.- Acts of disposition on the body itself. Acts of disposition of the body itself that cause a permanent decrease in its integrity or are contrary to law, morals or good customs, except as required for the improvement of the person's health, and exceptionally another person, in accordance with the provisions of the legal system. Ablation of organs to be implanted in other people is governed by special legislation. Consent for acts not included in the prohibition established in the first paragraph cannot be supplied, and is freely revocable. ARTICLE 57.- Prohibited practices. Any practice intended to produce a genetic alteration of the embryo that is transmitted to its offspring is prohibited. ARTICLE 58.- Investigations in human beings. Medical research in humans through interventions, such as treatments, prevention methods, Diagnostic or predictive tests, whose efficacy or safety are not scientifically proven, can only be performed if the following requirements are met: a) clearly describe the project and the method to be applied in a research protocol; b) be carried out by persons with appropriate scientific and professional training and qualifications; c) have the prior approval of an accredited research ethics evaluation committee; d) have the prior authorization of the corresponding public body; e) be based on a careful comparison of the risks and burdens in relation to the foreseeable benefits that they represent for the people who participate in the investigation and for other people affected by the subject under investigation; f) have the free, prior, written, informed and specific consent of the person participating in the investigation, to whom it must be explained, in terms understandable, the objectives and methodology of the research, its risks and possible benefits; such consent is revocable; g) not involve disproportionate risks and discomfort for the participant in relation to the benefits expected from the research; h) protect the privacy of the person participating in the investigation and the confidentiality of their personal information; i) ensure that the participation of research subjects is not burdensome to them and that they have access to appropriate medical care in the event of events adverse related research, which should be available when required; j) assure research participants the availability and accessibility of treatments that the research has proven beneficial. ARTICLE 59.- Informed consent for medical acts and health research. Informed consent for medical acts and health research is the Declaration of will expressed by the patient, issued after receiving clear, precise and adequate information regarding: a) your state of health; b) the proposed procedure, specifying the objectives pursued; c) the expected benefits of the procedure; d) the foreseeable risks, discomforts and adverse effects; e) the specification of the alternative procedures and their risks, benefits and damages in relation to the proposed procedure; f) the foreseeable consequences of not carrying out the proposed procedure or the specified alternatives; g) in case of suffering an irreversible, incurable disease, or when he is terminally ill, or has suffered injuries that place him in the same situation, the right to reject surgical procedures, hydration, feeding, artificial resuscitation or the withdrawal of life support measures, when they are extraordinary or disproportionate in relation to the prospects of improvement, or produce excessive suffering, or have the sole effect of prolonging this stage in time irreversible and incurable terminal; h) the right to receive comprehensive palliative care in the care process of their illness or disease. No person with disabilities may be subjected to health research without their free and informed consent, for which access to supports you need. No one may be subjected to clinical or surgical examinations or treatments without their free and informed consent, except as otherwise provided by law. If the person is absolutely unable to express his will at the time of medical care and has not expressed it in advance, the consent It can be granted by the legal representative, the support, the spouse, the partner, the relative or the close person accompanying the patient, whenever there is a situation of emergency with certain and imminent risk of serious harm to your life or health. In the absence of all of them, the doctor can do without consent if his action is urgent and is intended to prevent serious harm to the patient. ARTICLE 60.- Advance medical directives. The fully capable person can anticipate directives and confer mandate regarding their health and in anticipation of their own inability. You can also designate the person or persons who are to express consent for medical acts and to exercise their conservatorship. The directives that involve developing euthanasic practices are taken as unwritten. This declaration of will can be freely revoked at any time. ARTICLE 61.- Funerals. The fully capable person may dispose, in any way, of the manner and circumstances of his funeral and burial, as well as the giving of all or part of the corpse for therapeutic, scientific, pedagogical or similar purposes. If the will of the deceased has not been expressed, or it is not presumed, the decision corresponds to the spouse, the cohabitant and, failing that, the relatives according to the succession order, who cannot give the corpse a different destination than what would have been given the deceased of having been able to express his will. CHAPTER 4 Name ARTICLE 62.- Right and duty. The human person has the right and the duty to use the corresponding first name and surname. ARTICLE 63.- Rules regarding the prename. The choice of the prename is subject to the following rules: a) corresponds to the parents or to the persons to whom they give their authorization for such purpose; in the absence or impediment of one of the parents, the choice corresponds or the authorization to the other; failing all, it must be done by the custodians, the Public Ministry or the official of the Registry of Civil Status and Capacity of Persons; b) no more than three prenames can be registered, surnames as prenames, first prenames identical to first prenames of living siblings; neither can register extravagant prenames; c) Aboriginal names or names derived from indigenous and Latin American aboriginal voices may be registered. ARTICLE 64.- Last name of the children. The married child carries the first surname of one of the spouses; if there is no agreement, it is determined by a draw held in the Registry of Civil Status and Capacity of Persons. At the request of the parents, or the interested party with sufficient age and maturity, the surname of the other can be added. All children of the same marriage must bear the surname and the composite integration that has been decided for the first of the children. The extramarital child with only one child bond carries the name of that parent. If the affiliation of both parents is determined simultaneously, the first paragraph of this article. If the second affiliation is determined later, the parents agree to the order; in the absence of an agreement, the judge establishes the order of the last names, according to the best interest of the child. ARTICLE 65.- Last name of a minor with no specific affiliation. The underage person with no specific affiliation must be noted by the Registry officer Marital Status and Capacity of Persons with the surname that they are using, or failing that, with a common surname. ARTICLE 66.- Special cases. The person with sufficient age and degree of maturity that does not have a registered surname can request the registration of the one they are using. ARTICLE 67.- Spouses. Either spouse can choose to use the last name of the other, with or without the preposition “de”. A person who is divorced or whose marriage has been declared invalid may not use the last name of the other spouse, unless, for reasonable reasons, the judge authorizes it to keep it. The widowed spouse can continue using the last name of the other spouse as long as they do not contract new nuptials, nor constitute a cohabitation union. ARTICLE 68.- Name of the adoptive child. The name of the adoptive child is governed by the provisions of Chapter 5, Title VI of the Second Book of this Code. ARTICLE 69.- Change of name. The change of name or surname only proceeds if there are just reasons at the discretion of the judge. According to the particularities of the case, among other reasons, it is considered a just reason: a) the pseudonym, when it has acquired notoriety; b) cultural, ethnic or religious roots; c) the affectation of the personality of the interested person, whatever its cause, as long as it is accredited. The change in the name based on gender identity and the change in name and surname for having been considered to be just reasons, and do not require judicial intervention victim of enforced disappearance, illegal appropriation or alteration or suppression of marital status or identity. ARTICLE 70.- Process. All changes of name or surname must be processed through the most abbreviated process provided by local law, with the intervention of the Ministry Public. The order must be published in the official journal once a month, within two months. Opposition may be filed within fifteen business days from the last post. Information on existing precautionary measures should be required regarding the interested party. The sentence is enforceable against third parties from its registration in the Registry of Civil Status and Capacity of Persons. All the necessary items, titles and registry entries must be rectified. ARTICLE 71.- Actions to protect the name. You can exercise actions in defense of your name: a) the one to whom the use of his name is unknown, so that it is recognized and any future challenge by the person who denies it is prohibited; the publication of the judgment at the defendant's expense; b) the one whose name is improperly used by another, to cease that use; c) the one whose name is used for the designation of fantasy things or characters, if this causes material or moral damage, so that the use ceases. In all cases the damages can be demanded and the judge can order the publication of the sentence. The actions can be exercised exclusively by the interested party; if he has died, by his descendants, spouse or partner, and in their absence, by the ancestors or brothers. ARTICLE 72.- Pseudonym. The notorious pseudonym enjoys the protection of the name. CHAPTER 5 Home ARTICLE 73.- Royal domicile. The human person has a real domicile in the place of his habitual residence. If you exercise a professional or economic activity, you have it in the place where you carry it out to fulfill the obligations arising from said activity. ARTICLE 74.- Legal domicile. The legal domicile is the place where the law presumes, without admitting evidence to the contrary, that a person resides permanently for the exercise of your rights and fulfillment of your obligations. Only the law can establish it, and without prejudice to the provisions of special regulations: a) Public officials have their domicile in the place where they must perform their functions, not being temporary, periodic, or simply commissioned; b) the military in active service have their domicile in the place where they are providing it; c) passers-by or people on the move, such as those with no known address, have it in the place of their current residence; d) incapable persons have it at the domicile of their representatives. ARTICLE 75.- Special domicile. The parties to a contract can choose a domicile for the exercise of the rights and obligations that emanate from it. ARTICLE 76.- Address ignored. The person whose address is not known has it in the place where it is located; and if this is also ignored at the last address known. ARTICLE 77.- Change of address. The address can be changed from one place to another. This power can not be restricted by contract, nor by provision of last will. The change of address is verified instantly by the fact of moving the residence from one place to another with the intention of staying there. ARTICLE 78.- Effect. The domicile determines the competence of the authorities in legal relations. The choice of a domicile produces the extension of the competition. CHAPTER 6 Absence ARTICLE 79.- Simple absence. If a person has disappeared from his home, without any news of him, and without leaving a proxy, a conservator may be appointed to your assets if their care requires it. The same rule should be applied if there is a proxy, but its powers are insufficient or it does not properly carry out the mandate. ARTICLE 80.- Legitimized. They can request the declaration of absence, the Public Ministry and any person who has a legitimate interest regarding the assets of the absent. ARTICLE 81.- Competent judge. The judge of the absent's domicile is competent. If he did not have it in the country, or is not known, the judge of the place where he is competent there are goods whose care is necessary; If there are assets in different jurisdictions, the one that has prevented. ARTICLE 82.- Procedure. The alleged absent must be cited by edicts for five days, and if the term does not appear, the defender must be given intervention official or failing that, appoint the absent defender. The Public Ministry is a necessary part in the trial. If actions against the absent are promoted before the declaration of absence, the defender must represent him. In case of urgency, the judge can designate a provisional administrator or adopt the measures that the circumstances advise. ARTICLE 83.- Judgment. Hearing the defender, if the legal extremes concur, the absence must be declared and a conservator must be appointed. For the designation you must be as planned for the discernment of curatorship. The curator can only perform the acts of conservation and ordinary administration of the assets. Any act that exceeds the ordinary administration must be authorized by the judge; authorization must be granted only in case of evident and urgent need. The fruits of the assets administered must be used for the support of the descendants, spouse, partner and ancestors of the absent. ARTICLE 84.- Conclusion of the conservatorship. The conservatorship of the absent ends by: a) the presentation of the absent person, personally or by proxy; b) his death; c) his presumed judicially declared death. CHAPTER 7 Presumption of death ARTICLE 85.- Ordinary case. The absence of a person from his home without being known about him for a term of three years, causes the presumption of his death although he has left a proxy. The term must be counted from the date of the last notice of the absent. ARTICLE 86.- Extraordinary cases. The death of an absent person is also presumed: a) if he was last found at the scene of a fire, earthquake, act of war or other similar event, liable to cause death, or participated in a activity that involves the same risk, and it is not known about it for a term of two years, counted from the day the event occurred or could have occurred; b) if, on a shipwrecked or lost ship or aircraft, there was no news of its existence for a period of six months from the day the event occurred or it could have happened. ARTICLE 87.- Legitimized. Anyone who has any subordinate right to the death of the person concerned, can request the declaration of presumed death, justifying the legal extremes and the carrying out of procedures tending to the investigation of the existence of the absent. The judge of the absent's domicile is competent. ARTICLE 88.- Procedure. Curator of property. The judge must appoint the absent defender or give intervention to the official defender, and summon the former by edicts once per month for six months. You must also appoint a conservator to your assets, if there is no agent with sufficient powers, or if for any reason he does not perform correctly the mandate. The declaration of simple absence does not constitute a necessary budget for the declaration of presumed death, nor does it substitute the verification of the steps taken to know the existence of the absent. ARTICLE 89.- Declaration of the presumed death. After six months, received the evidence and heard the defender, the judge must declare the presumed death if they are proven legal extremes, set the presumptive day of death and arrange the registration of the sentence. ARTICLE 90.- Presumptive day of death. It must be established as the presumptive day of death: a) in the ordinary case, the last day of the first year and a half; b) in the first of the extraordinary cases, the day of the event, and if not determined, the day of the average term of the time in which it occurred or could have occurred; c) in the second extraordinary case, the last day on which the lost ship or aircraft was reported; d) if possible, the sentence should also determine the presumptive time of death; otherwise, the expiration of the day declared as presumptive death. ARTICLE 91.- Delivery of the goods. Inventory. The heirs and the legatees must receive the assets of the allegedly deceased, after inventory is formed. The domain must be registered in the corresponding registry with the pre-registration of the case; You can partition the assets, but not transfer or encumber them without judicial authorization. If the goods are presented, the absentee is presented or there is certain news of their existence, the death declaration is void, and the return of those at the request of the interested party. ARTICLE 92.- Conclusion of the prenotation. The prenota is without effect after five years from the presumed date of death or eighty years from the birth of the person. From that moment the goods can be freely disposed of. If the absent reappears you can claim: a) the delivery of the goods that exist in the state in which they are; b) those acquired with the value of the missing ones; c) the price owed to the alienated; d) unconsumed fruits. CHAPTER 8 End of people's existence ARTICLE 93.- General principle. The existence of the human person ends with his death. ARTICLE 94.- Verification of death. Verification of death is subject to accepted medical standards, applying special legislation in the case of organ ablation of the corpse. ARTICLE 95.- Compliance. People who perish in a common disaster or any other circumstance are presumed to die at the same time, if they cannot determine otherwise. CHAPTER 9 Proof of birth, death and age ARTICLE 96.- Means of proof. The birth occurred in the Republic, its circumstances of time and place, the sex, the name and the affiliation of the people born, are try the Civil Registry items. In the same way, the death of the deceased in the Republic is proved. The rectification of the items is done in accordance with the provisions of the special legislation. ARTICLE 97.- Birth or death occurred abroad. Birth or death occurred abroad are proven with instruments granted under the law of the place where they are produced, legalized or authenticated in the manner provided by international conventions, and in the absence of conventions, by consular provisions of the Republic. The certificates of the entries made in the Argentine consular registers are sufficient to prove the birth of the children of Argentines and to prove the death of Argentine citizens. ARTICLE 98.- Lack of registration or annulment of the seat. If there is no public record or the entry is missing or void, birth and death can be accredited by other means of proof. If the body of a person is not found or cannot be identified, the judge may consider the death as proven and provide the pertinent inscription in the registry, if the disappearance occurred in circumstances such that death must be taken as true. ARTICLE 99.- Determination of age. If it is not possible to establish the age of the people by the means indicated in this Chapter, it must be determined judicially previous opinion of experts. CHAPTER 10 Representation and assistance. Guardianship and curatorship SECTION 1 Representation and assistance ARTICLE 100.- General rule. Incapable persons exercise through their representatives the rights that they cannot exercise by themselves. ARTICLE 101.- Enumeration. They are representatives: a) of the unborn persons, their parents; b) of non-emancipated minors, their parents. If the parents are missing, or both are incapable, or are deprived of parental responsibility, or suspended in their exercise, the tutor appointed to them; c) of the persons with restricted capacity, the designated support or supports when, according to the sentence, they have representation for certain acts; of the persons incapable in the terms of the last paragraph of article 32, the conservator who is named. ARTICLE 102.- Assistance. People with restricted and disabled capacities are assisted by the supports designated in the respective judgment and in other laws. specials. ARTICLE 103.- Action of the Public Ministry. The action of the Public Ministry with regard to minors, incapable and with restricted capacity, and Those whose capacity exercise requires a support system may be, in the judicial sphere, complementary or main. a) It is complementary in all the processes in which the interests of minors, the incapable and those with restricted capacity are involved; the lack of intervention causes the relative nullity of the act. b) It is main: i) when the rights of the represented parties are compromised, and there is inaction of the representatives; ii) when the object of the process is to demand the fulfillment of the duties in charge of the representatives; iii) when they lack a legal representative and it is necessary to provide representation. In the extrajudicial sphere, the Public Ministry acts in the absence, lack or inaction of legal representatives, when social rights are compromised, economic and cultural. SECTION 2 Guardianship 1st paragraph General disposition ARTICLE 104.- Concept and general principles. Guardianship is intended to provide protection to the person and property of a child or adolescent who has not reached the full civil capacity when there is no person exercising parental responsibility. The general principles listed in Title VII of the Second Book apply. If custody had been granted to a relative in accordance with the provisions of the Title of parental responsibility, the protection of the person and property of the child and The adolescent may be in charge of the guardian by decision of the judge who granted the guardian, if it is more beneficial to his best interest; similarly if the headlines of parental responsibility they delegated their exercise to a relative. In this case, the judge who approved the delegation can grant the functions of protection of the person and assets of the children and adolescents to whom the holders delegated their exercise. In both cases, the guardian is the legal representative of the child or adolescent in all matters of a patrimonial nature. ARTICLE 105.- Characters. Guardianship can be exercised by one or more people, depending on what benefits the child or adolescent the most. If it is exercised by more than one person, the differences in criteria must be settled before the judge who has determined the guardianship, with the due intervention of the Ministry Public. The guardian position is not transferable; the Public Ministry intervenes as provided in article 103. ARTICLE 106.- Guardian appointed by the parents. Any parent who is not deprived or suspended from exercising parental responsibility may appoint guardian or guardians to their minor children, either by will or by public deed. This designation must be judicially approved. They are considered unwritten the provisions that exempt the guardian from taking inventory, authorize him to receive the goods without complying with that requirement, or release him from the duty to render accounts. If the parents had delegated the exercise of parental responsibility to a relative, the will to be appointed guardian of their minor children is presumed, designation that must be discerned by the judge who approved the delegation or the center of life of the child, adolescent, at the choice of the relative. If there are provisions of both parents, they apply each other as far as they are compatible. If not, the judge must adopt the ones he considers fundamentally more convenient for guardianship. ARTICLE 107.- Data protection. In the absence of parental appointment of a guardian or guardians or in view of the apology, rejection or impossibility of exercising those appointed, the The judge must grant guardianship to the person who is most suitable to provide protection to the child or adolescent, and must reasonably establish the reasons that justify such suitability. ARTICLE 108.- Prohibitions to be a dative tutor. The judge cannot confer the dative guardianship: a) his spouse, partner, or relatives within the fourth degree, or second by affinity; b) the people with whom he maintains intimate friendship or the relatives within the fourth degree, or second by affinity; c) people with whom you have common interests; d) to its debtors or creditors; e) to the members of the national or provincial courts that exercise their functions in the place of appointment; neither to those who have common interests with them, nor to their close friends or their relatives, within the fourth degree, or second by affinity; f) who is the guardian of another minor, unless they are minor siblings, or there are justifying reasons. ARTICLE 109.- Special guardianship. The judicial appointment of special guardians corresponds in the following cases: a) when there is a conflict of interests between the represented parties and their representatives; If the person represented is a teenager, he or she can act for himself, with legal assistance, in which In case the judge can decide that the appointment of the special guardian is not necessary; b) when the parents do not have the administration of the assets of the minor children; c) when there is opposition of interests between various incapable persons who have the same legal representative, be it father, mother, guardian or conservator; if people incapable are adolescents, the provisions of subsection a apply; d) when the person subject to guardianship had acquired assets with the condition of being administered by a specific person or with the condition of not being administered by their tutor; e) When there is a need to exercise acts of administration over assets of foreign jurisdiction to the guardianship judge and they cannot be conveniently administered by the tutor; f) when specific or particular knowledge is required for an adequate exercise of administration due to the characteristics of the asset to be administered; g) when there are reasons of urgency, until the appointment of the corresponding guardian is processed. ARTICLE 110.- Excluded people. People cannot be tutors: a) that they have no domicile in the Republic; b) streams not rehabilitated; c) that they have been deprived or suspended in the exercise of parental responsibility, or have been removed from the guardianship or conservatorship or support of another incapable person or with restricted capacity, for cause attributable to them; d) that they must exercise for a long time or indefinite term a position or commission outside the country; e) that they do not have a known trade, profession or way of life, or they have notorious misconduct; f) sentenced for intentional crime to custodial sentences; g) debtors or creditors for considerable sums with respect to the person subject to guardianship; h) that they have lawsuits with whom requires the appointment of a guardian. The prohibition extends to your spouse, partner, parents or children; i) that, being obligated, they omit the denunciation of the facts that give rise to the opening of the guardianship; j) disabled, incapable or with restricted capacity; k) that had been expressly excluded by the father or mother of the person requiring guardianship, except that in the judgment of the judge it is beneficial for the child or Teen. ARTICLE 111.- Forced to report. Relatives obliged to provide food to the child or adolescent, the caretaker or those who have been appointed guardians by their Parents or parents have delegated the exercise of parental responsibility, they must report to the competent authority that the child or adolescent has no reference adult who protects him, within ten days of knowing this circumstance, under pain of being deprived of the possibility of being appointed guardians and being responsible for the damages that its omission to report causes to the child or adolescent. Public officers in charge of the Registry of Civil Status and Capacity of Persons and other public officials who, in the exercise of their duties, have the same obligation. charge, have knowledge of any fact that gives rise to the need for guardianship. The judge must provide ex officio what corresponds, when he has knowledge of a fact that motivates the opening of a guardianship. 2nd paragraph Guardianship Discernment ARTICLE 112.- Judicial discernment. Competition. Guardianship is always judicially discerned. For the discernment of guardianship, the judge of the place where the child or adolescent has its center of life. ARTICLE 113.- Hearing with the minor person. For the discernment of guardianship, and for any other decision regarding the minor, the judge must: a) previously hear the child or adolescent; b) take into account their manifestations according to their age and maturity; c) Decide primarily in your best interest. ARTICLE 114.- Acts prior to the discernment of guardianship. The acts of the guardian prior to the discernment of guardianship are confirmed by the appointment, if so there is no harm to the child or adolescent. ARTICLE 115.- Inventory and appraisal. Discerned the guardianship, the assets of the ward must be delivered to the guardian, prior inventory and appraisal made by whom the judge designates. If the guardian has a credit against the person subject to guardianship, it must be recorded in the inventory; if you do not, you cannot claim it later, except that by omitting it you have ignored its existence. Until the inventory is made, the tutor can only take the measures that are urgent and necessary. The assets that the child or adolescent acquires by succession or other title must be inventoried and appraised in the same way. ARTICLE 116.- Accountability. If the guardian succeeds any of the parents or another previous guardian, he must immediately ask the surrogate or his heirs for surrender judicial account and delivery of the assets of the ward. 3rd paragraph Exercise of guardianship ARTICLE 117.- Exercise. Whoever exercises guardianship is the legal representative of the child or adolescent in all matters of a patrimonial nature, without prejudice to their personal action in exercise of their right to be heard and the progressive recognition of their capacity granted by law or authorized by the judge. ARTICLE 118.- Responsibility. The guardian is responsible for the damage caused to the ward due to his fault, by action or omission, in the exercise or on the occasion of his duties. The protected, any of its relatives, or the Public Ministry can judicially request the necessary measures to remedy it, without prejudice to their being adopted job. ARTICLE 119.- Education and food. The judge must set the amounts required for the education and food of the child or adolescent, weighing the amount of their goods and the income they produce, without prejudice to their adequacy under the circumstances. If the resources of the person subject to guardianship are not sufficient to attend to their care and education, the guardian can, with judicial authorization, demand maintenance from the forced to lend them. ARTICLE 120.- Prohibited acts. Whoever exercises guardianship cannot, with judicial authorization, celebrate with his ward the acts prohibited to parents with respect to their children minors. Before the final account is judicially approved, the guardian cannot enter into any contract with the ward, even if the disability has ceased. ARTICLE 121.- Acts that require judicial authorization. In addition to the acts for which the parents need judicial authorization, the guardian must require it for the following: a) acquire real estate or any property that is not useful to satisfy the food requirements of the ward; b) lend money from your ward. Authorization should only be granted if there are sufficient collateral; c) give the assets of the ward on location or enter into similar contracts for a period exceeding three years. In all cases, these contracts conclude when the Guardianship reaches the age of majority; d) take on location real estate other than the house; e) contracting debts, repudiating inheritances or donations, making transactions and remitting credits even if the debtor is insolvent; f) make extraordinary expenses that are not repair or conservation of the goods; g) perform all those acts in which the guardian's relatives within the fourth or second degree of affinity, or their close associates or friends are directly or indirectly interested. ARTICLE 122.- Real rights over assets of the ward. The judge may authorize the transmission, constitution or modification of real rights over the child's assets, girl or adolescent only if there is obvious convenience. Goods that have emotional or cultural value can only be sold in case of absolute necessity. ARTICLE 123.- Form of sale. The sale must be made at public auction, except in the case of low-value furniture, or if, in the judge's opinion, the extrajudicial sale It may be more convenient and the price offered is higher than the appraisal. ARTICLE 124.- Money. After the guardianship expenses are covered, the ward's money must be placed at interest in banks of recognized solvency, or invested in public titles, in his name and the order of the judge with reference to the cars to which he belongs. The guardian cannot withdraw funds, titles or securities without judicial authorization. ARTICLE 125.- Trust and other safe investments. The judge may also authorize that the assets be transferred in trust to an entity authorized to publicly offer yourself as trustee, provided that the ward is the beneficiary. Likewise, it may provide other types of safe investments, subject to a technical opinion. ARTICLE 126.- Society. If the ward has part in a partnership, the guardian is empowered to exercise the rights that correspond to the partner to whom the ward has happened. If you have to choose between the continuation and dissolution of the company, the judge must decide after a report from the guardian. ARTICLE 127.- Goodwill. If the ward is the owner of a goodwill, the guardian is authorized to execute all acts of ordinary administration own establishment. Acts that exceed that must be judicially authorized. If the continuation of the exploitation is harmful, the judge must authorize the cessation of the business, empowering the tutor to dispose of it, after appraisal, in public auction or sale. private, as appropriate. Until it is sold, the guardian is authorized to proceed as best suits the interests of the ward. ARTICLE 128.- Guardian's remuneration. The guardian has the right to the remuneration that is legally established taking into account the importance of the assets of the ward and the work that his administration has demanded in each period. In the case of guardianship exercised by two people, the remuneration must be unique and distributed between them according to judicial criteria. The single remuneration cannot exceed one tenth of the liquid fruits of the minor's assets. The guardian who exercises guardianship functions is also entitled to remuneration. The fruits pending at the beginning of the guardianship and at its termination must be computed for the purposes of remuneration, insofar as the management has been useful for its perception. ARTICLE 129.- Cessation of the right to remuneration. The guardian has no right to remuneration: a) If appointed by a testator, he has left some legacy that can be considered remunerative for his management. You can choose to renounce the legacy or return it, receiving the legal remuneration; b) if the ward's income is not enough to satisfy the expenses of his food and education; c) if he was removed from the guardianship for a cause attributable to his fault or fraud, in which case he must also restore what was received, without prejudice to the responsibilities for the damages that cause d) if he marries the ward without the proper judicial dispensation. 4th paragraph Guardianship accounts ARTICLE 130.- Duty to render accounts. Periodicity. Whoever exercises guardianship must keep a reliable and documented account of the income and expenses of its management. Must render accounts: at the end of each year, upon cessation of office, and when the judge orders it, of fi ce, or at the request of the Public Ministry. The accountability obligation is individual and its approval only releases those who comply with it. Once the first year account has been approved, it can be arranged that the subsequent ones be paid in other terms, when the nature of the administration justifies it. ARTICLE 131.- Final surrender. Once the guardianship is finished, whoever exercises it or their heirs must deliver the assets immediately, and report the management within the period that the Judge indicates, although the ward in his will exempts him from that duty. The accounts must be rendered judicially with the intervention of the Public Ministry. ARTICLE 132.- Surrender expenses. The expenses of the accountability must be advanced by the person who exercises the guardianship and must be reimbursed by the ward if they are rendered in due form. ARTICLE 133.- Management expenses. Whoever exercises the guardianship has the right to restitution of the reasonable expenses made in the management, even if they are not useful to the mentored. The account balances accrue interest. ARTICLE 134.- Damage. If the guardian is not accountable, does not do so properly or is found to be maladministration attributable to fraud or guilt, he must compensate the damage caused to your ward. The compensation must not be less than what the goods have been reasonably able to produce. 5th paragraph Termination of Guardianship ARTICLE 135.- Causes for termination of guardianship. Guardianship ends: a) for the death of the ward, his emancipation or the disappearance of the cause that gave rise to the guardianship; b) for the death, incapacity, declaration of restricted capacity, removal or resignation accepted by the judge, who exercises guardianship. In case two have been discerned persons, the cause of termination of one of them does not affect the other, which must be kept in office, unless the judge deems it advisable to terminate, for reasons founded. In the event of the guardian's death, the executor, heir or the other guardian, if any, must immediately notify the guardianship judge. In your case, you must adopt the urgent measures for the protection of the conservatee's person and property. ARTICLE 136.- Removal of the guardian. The reasons for removal of the guardian: a) be included in any of the grounds that prevents being a guardian; b) not to make the inventory of the assets of the ward, or not to do it faithfully; c) not duly fulfilling their duties or having serious and continuous problems of coexistence. The conservatee and the Public Ministry are entitled to demand the removal. It can also be ordered by the official judge. ARTICLE 137.- Provisional suspension. During the processing of the removal process, the judge may suspend the guardian and provisionally appoint another. SECTION 3 Heal it ARTICLE 138.- Applicable rules. Guardianship is governed by guardianship rules not modified in this Section. The main function of the healer is to take care of the person and the assets of the incapable person, and to try to recover their health. The income from the person's assets protected should preferably be used for this purpose. ARTICLE 139.- People who can be curators. The able person can designate, by means of an advance directive, who is to exercise their conservatorship. Parents can appoint conservators and supports for their children with disabilities or limited capacity, in the cases and with the ways in which they can appoint guardians. Any of these designations must be judicially approved. In the absence of these provisions, the judge may appoint the de facto non-separated spouse, the partner, the children, parents or siblings of the person to protect according to whom have greater aptitude. The moral and economic suitability must be taken into account. ARTICLE 140.- Protected person with children. The conservator of the incapable person is the guardian of the minor's children. However, the judge can grant custody of the child minor to a third party, appointing him / her guardian to represent him / her in matters of property. TITLE II Legal person CHAPTER 1 General part SECTION 1 Personality. Composition ARTICLE 141.- De fi nition. Legal entities are all entities to which the legal system gives them the ability to acquire rights and contract obligations to the fulfillment of its object and the purposes of its creation. ARTICLE 142.- Beginning of existence. The existence of the private legal person begins from its constitution. You do not need legal authorization to function, except legal provision to the contrary. In cases where state authorization is required, the legal person cannot function before obtaining it. ARTICLE 143.- Differentiated personality. The legal person has a different personality from that of its members. The members are not liable for the obligations of the legal entity, except in the cases expressly provided for in this Title and as provided by the special law. ARTICLE 144.- Unenforceability of the legal personality. The action that is intended to achieve purposes outside the legal entity, constitutes a resource for violating the law, public order or good faith or to frustrate the rights of any person, it is imputed to those who as partners, associates, members or direct controllers or indirect, they made it possible, who will respond jointly and unlimitedly for the damages caused. The provisions are applied without affecting the rights of bona fide third parties and without prejudice to the personal responsibilities that the participants in the facts for the damages caused. SECTION 2 Classification ARTICLE 145.- Classes. Legal entities are public or private. ARTICLE 146.- Public legal persons. Public legal persons are: a) The national State, the Provinces, the Autonomous City of Buenos Aires, the municipalities, the autonomous entities and the other organizations constituted in the Republic a those that the legal system attributes that character; b) Foreign States, organizations recognized by public international law and any other legal entity incorporated abroad whose public character results from its applicable law; c) the Catholic Church. ARTICLE 147.- Applicable law. Public legal entities are governed in terms of their recognition, start, capacity, operation, organization and end of their existence, by the laws and regulations of its constitution. ARTICLE 148.- Private legal persons. They are private legal persons: a) companies; b) civil associations; c) simple associations; d) foundations; e) churches, confessions, communities or religious entities; f) mutuals; g) cooperatives; h) the horizontal property consortium; i) any other contemplated in provisions of this Code or in other laws and whose nature is established or results from its purpose and operating rules. ARTICLE 149.- Participation of the State. The participation of the State in private legal entities does not modify their character. However, the law or statute may provide for differentiated rights and obligations, considering the public interest committed to said participation. ARTICLE 150.- Applicable laws. The private legal entities that are incorporated in the Republic are governed: a) by the imperative norms of the special law or, failing that, of this Code; b) by the rules of the constitutive act with its modifications and regulations, the former prevailing in case of divergence; c) by the supplementary norms of special laws, or in its absence, by those of this Title. Private legal entities that are established abroad are governed by the provisions of the general company law. SECTION 3 Private legal entity 1st paragraph Attributes and effects of legal personality ARTICLE 151.- Name. The legal person must have a name that identifies it as such, with the attachment indicating the legal form adopted. The legal person in liquidation you must clarify this circumstance in the use of your name. The name must satisfy requirements of truthfulness, novelty and distinctive aptitude, both with respect to other names, as well as brands, fantasy names or other forms of reference to goods or services, whether or not they are related to the object of the legal entity. It cannot contain terms or expressions contrary to the law, public order or good customs or mislead the class or object of the legal person. The Inclusion in the name of the legal person of the name of human persons requires their agreement, which is presumed if they are members. Your heirs can oppose the continued use, if they prove material or moral damages. ARTICLE 152.- Address and registered office. The domicile of the legal person is established in its statutes or in the authorization given to it to function. The legal person who owns many establishments or branches has his special domicile in the place of said establishments only for the execution of the obligations contracted there. The Change of address requires modification of the statute. The change of venue, if it is not part of the statute, can be resolved by the administrative body. ARTICLE 153.- Scope of the domicile. Notifications. All notifications made at the registered office are considered valid and binding for the legal entity. ARTICLE 154.- Patrimony. The legal person must have an estate. The legal entity in training can preventively register the registrable assets in his name. ARTICLE 155.- Duration. The duration of the legal person is unlimited in time, unless the law or statute provides otherwise. ARTICLE 156.- Object. The object of the legal person must be precise and determined. 2nd paragraph Functioning ARTICLE 157.- Modification of the statute. The statute of legal persons can be modified in the way that it or the law establish. The modification of the statute produces effects from its granting. If you require registration, it is opposable to third parties from this, unless the third party knows it. ARTICLE 158.- Government, administration and fiscalization. The statute must contain rules on government, administration and representation and, if the law requires it, on the internal control of the legal person. In the absence of special provisions, the following rules apply: a) if all those who must participate in the act consent, they can participate in an assembly or meeting of the governing body, using means that allow the Participants communicate simultaneously with each other. The minutes must be signed by the president and another administrator, indicating the modality adopted, and keep the records, according to the means used to communicate; b) the members who must participate in an assembly, or the members of the council, can summon themselves to deliberate, without prior appointment. The decisions that they are taken are valid, if all attend and the agenda to be discussed is unanimously approved. ARTICLE 159.- Duty of loyalty and diligence. Opposite interest. The administrators of the legal person must act with loyalty and diligence. They cannot pursue or favor interests contrary to those of the legal person. If in a certain operation they had them by themselves or by an interposer, they should do it to inform the other members of the administrative body or, where appropriate, the governing body and abstain from any intervention related to said operation. It is their responsibility to implement preventive systems and means that reduce the risk of conflicts of interest in their relationships with the legal entity. ARTICLE 160.- Responsibility of the administrators. The administrators respond unlimitedly and in solidarity with the legal entity, its members and third parties, for the damages caused by his fault in the exercise or on the occasion of his functions, by action or omission. ARTICLE 161.- Obstacles that prevent making decisions. If as a consequence of the systematic opposition or omission in the performance of the functions of the administrator, or administrators, if any, the legal person cannot make valid decisions, you must proceed as follows: a) the president, or one of the co-administrators, if any, can execute the conservatory acts; b) The acts thus executed must be brought to the attention of the assembly that is convened for this purpose within ten days of beginning their execution; c) the assembly may confer extraordinary powers on the president or the minority, to carry out urgent or necessary acts; You can also remove the administrator. ARTICLE 162.- Transformation. Fusion. Cleavage. Legal entities can be transformed, merged or split in the cases provided by this Code or by law special. In all cases, the unanimous agreement of the members of the legal person or persons is necessary, except special provision or stipulation to the contrary of the statute. 3rd paragraph Dissolution. Settlement ARTICLE 163.- Grounds. The legal person is dissolved by: a) the decision of its members adopted unanimously or by the majority established by statute or special provision; b) compliance with the resolutory condition to which the constitutive act subordinated its existence; c) the achievement of the object for which the legal entity was formed, or the surviving impossibility of fulfilling it; d) the expiration of the term; e) filing for bankruptcy; the dissolution becomes ineffective if the bankruptcy is concluded by agreement or the conversion of the procedure into preventive bankruptcy is arranged, or if the law special provides for a different regime; f) the merger with respect to the merging legal persons or the legal person or persons whose assets are absorbed; and the split with respect to the legal entity that all its patrimony is divided and destined; g) the reduction to one of the number of members, if the special law requires plurality of them and this is not restored within three months; h) the firm denial or revocation of the state authorization to function, when required; i) exhaustion of the assets intended to support it; j) any other cause provided for in the statute or in other provisions of this Title or special law. ARTICLE 164.- Revocation of the state authorization. The revocation of the state authorization must be based on the commission of serious acts that matter the violation of the law, statute and regulation. The revocation must be provided by a founded resolution and in accordance with a regulated procedure that guarantees the right of defense of the legal person. The resolution is appealable, the judge being able to order the provisional suspension of its effects. ARTICLE 165.- Extension. The determined period of duration of legal entities can be extended. Is required: a) decision of its members, adopted in accordance with the legal or statutory provision; b) presentation before the corresponding comptroller authority, before the expiration of the term. ARTICLE 166.- Reconduction. The legal person can be redirected until its liquidation has been completed, by decision of its members adopted unanimously or the majority required by law or statute, provided that the cause of its dissolution may be removed by decision of the members or under the law. ARTICLE 167.- Liquidation and responsibilities. Once the term has expired, the dissolution has been resolved or another cause has occurred and declared by the members, Legal entity cannot carry out operations, and in its liquidation it must conclude the pending ones. The liquidation consists of the fulfillment of the pending obligations with the assets of the assets of the patrimony of the legal person or its produced in money. Upon payment of the liquidation expenses and fiscal obligations, the remainder, if any, is delivered to its members or third parties, as established by statute or required by law. In case of infringement, their administrators and those members who, knowing or should know the situation and having the power, respond unlimitedly and jointly decision necessary to end it, they fail to adopt the necessary measures to that end. EPISODE 2 Civil associations SECTION 1 Civil associations ARTICLE 168.- Object. The civil association must have an object that is not contrary to the general interest or the common good. The general interest is interpreted within the respect to the diverse identities, beliefs and traditions, be they cultural, religious, artistic, literary, social, political or ethnic, that do not violate constitutional values. It cannot pursue profit as its main purpose, nor can it have profit for its members or third parties. ARTICLE 169.- Form of the constitutive act. The constitutive act of the civil association must be granted by public instrument and be registered in the corresponding registry once the state authorization to operate has been granted. Until registration, the rules of simple association apply. ARTICLE 170.- Content. The constitutive act must contain: a) the identification of the constituents; b) the name of the association with the addendum “Civil Association” before or after it; c) the object; d) the registered office; e) the term of duration or if the association is in perpetuity; f) the grounds for dissolution; g) the contributions that make up the initial patrimony of the civil association and the value assigned to them. The contributions are considered transferred in property, if it does not appear expressly your contribution of use and enjoyment; h) the administration and representation regime; i) the closing date of the annual financial year; j) where appropriate, the classes or categories of associates, and the prerogatives and duties of each; k) the regime of admission, admission, resignation, disciplinary sanctions, exclusion of associates and appeals against decisions; l) the social organs of government, administration and representation. The directive commission, the assemblies and the internal inspection body must be foreseen, regulating their composition, integration requirements, duration of its members, competencies, functions, powers and operation in terms of summons, constitution, deliberation, decisions and documentation; m) the liquidation procedure; n) the destination of the goods after the liquidation, being able to attribute them to an entity of common good, public or private, that is not for profit and that is domiciled in the Republic. ARTICLE 171.- Administrators. The members of the board of directors must be associated. The right of associates to participate in the board of directors cannot be abusively restricted. The statute must provide for the following positions and, without prejudice to the collegial action in the body, define the functions of each of them: president, secretary and treasurer. The other members of the board of directors are members. For the purposes of this Section, directors are all full members of the board of directors. In the constitutive act, the members of the first directive commission must be designated. ARTICLE 172.- Inspection. The statute may provide that the designation of the members of the inspection body falls to non-associated persons. In the act constituent must be consigned to the members of the first inspection body. The association's private audit is carried out by one or more account reviewers. The account review commission is mandatory in associations with more than one hundred associates. ARTICLE 173.- Members of the inspection body. The members of the auditing body cannot be members of the commission, nor certifiers at the same time. of the financial statements of the association. These incompatibilities extend to spouses, partners, relatives, even by affinity, in a straight line in all degrees, and collaterals within the fourth grade. In civil associations that establish the need for a specific profession or office to acquire membership, the members of the inspection body do not they must necessarily have an enabling title. In such cases, the audit committee must hire independent professionals for its advice. ARTICLE 174.- State Comptroller. Civil associations require authorization to function and are subject to permanent control by the competent authority, national or local, as appropriate. ARTICLE 175.- Participation in government acts. The statute may impose conditions for associates to participate in government acts, such as seniority or payment of social contributions. The clause that imports total restriction of the exercise of the associate's rights is of no value. ARTICLE 176.- Cessation of office. The directors cease their charges for death, declaration of incapacity or restricted capacity, disqualification, expiration of the period for which they were appointed, resignation, removal and any other cause established in the statute. The statute cannot restrict removal or resignation; the clause to the contrary is of no value. However, the waiver cannot affect the operation of the board of directors or the execution of acts previously resolved by it, assumptions in which it must be rejected and the resigner remain in office until the ordinary assembly is pronounced. If such circumstances do not exist, the resignation communicated in writing to the chairman of the board of directors or to whoever is statutorily so replace or any of the managers, is considered accepted if it is not expressly rejected within ten days from receipt. ARTICLE 177.- Termination of liability. The responsibility of the directors is extinguished by the approval of their management, by resignation or transaction resolved by the ordinary assembly. Not extinguished: a) if the responsibility derives from the infraction to imperative norms; b) if in the assembly there was express and founded opposition from associates with the right to vote in an amount not less than ten percent of the total. In this case, those who opposed they can exercise the social action of responsibility foreseen for the companies in the special law. ARTICLE 178.- Participation in the assemblies. Payment of fees and contributions corresponding to the immediately previous month is necessary to participate in the assemblies. In no case can the participation of the associate who purges the default before the start of the meeting be prevented. ARTICLE 179.- Resignation. The right to waive associate status cannot be limited. The waiver must in all cases the fees and contributions accrued up to the date of notification of their resignation. ARTICLE 180.- Exclusion. Associates can only be excluded for serious reasons provided in the statute. The procedure must ensure the right of defense of the affected. If the exclusion decision is adopted by the board of directors, the associate has the right to review by the assembly, which must be called within the shortest legal period or statutorily possible. Failure to comply with these requirements compromises the responsibility of the board of directors. ARTICLE 181.- Responsibility. The associates do not respond directly or subsidiarily for the debts of the civil association. Your liability is limited to compliance with the contributions committed when constituting it or later and with the quotas and contributions to which they are obliged. ARTICLE 182.- Intransmissibility. Associate status is non-transferable. ARTICLE 183.- Dissolution. Civil associations are dissolved by the general causes of dissolution of private legal persons and also by the reduction of their number of associates less than the total number of full and alternate members of its board of directors and inspection body, if within six months no reset that minimum. ARTICLE 184.- Liquidator. The liquidator must be appointed by the extraordinary assembly and in accordance with the provisions of the statute, except in special cases where the judicial appointment or by the controlling authority proceeds. More than one may be designated, establishing their joint action or as a collegiate body. The dissolution and appointment of the liquidator must be registered and published. ARTICLE 185.- Liquidation procedure. The liquidation procedure is governed by the provisions of the statute and is carried out under the supervision of the audit. Whatever the cause of dissolution, the assets resulting from the liquidation are not distributed among the associates. In all cases, the intended destination in the statute and, in the absence of provision, the remainder must be destined for another civil association domiciled in the Republic with the same or similar object as the one liquidated. ARTICLE 186.- Supplementary rules. The provisions on companies apply, as appropriate. SECTION 2 Simple associations ARTICLE 187.- Form of the constitutive act. The constitutive act of the simple association must be granted by public instrument or by private instrument with con fi rm. certified by a notary public. To the name must be added, prefixed or postponed, the addition "simple association" or "simple association". ARTICLE 188.- Applicable law. Forwarding. Simple associations are governed in terms of their constitutive act, government, administration, partners, inspection body and functioning by the provisions for civil associations and the special provisions of this Chapter. ARTICLE 189.- Existence. The simple association begins its existence as a legal person from the date of the constitutive act. ARTICLE 190.- Disregard of the taxation body. Simple associations with less than twenty associates can dispense with the inspection body; the certification obligation of its financial statements. If the auditing body is dispensed with, every member, even if excluded from management, has the right to inquire about the state of affairs and to consult their books and records. The clause to the contrary is considered unwritten. ARTICLE 191.- Insolvency. In case of insufficiency of the assets of the simple association, the administrator and any member who actually administers the affairs of the association is jointly and severally responsible for the obligations of the simple association that result from decisions that have been signed during its administration. The personal assets of each one of these people cannot be affected to the payment of the debts of the association, but after having satisfied their creditors individual. ARTICLE 192.- Responsibility of the members. The founder or associate who did not intervene in the administration of the simple association is not liable for the debts of she, but until the concurrence of the promised contribution or of the unpaid installments. CHAPTER 3 Foundations SECTION 1 Concept, object, mode of constitution and heritage ARTICLE 193.- Concept. Foundations are legal entities that are established for the purpose of a common good, not for profit, through the patrimonial contribution of one or more people, destined to make their ends possible. To exist as such, they necessarily require incorporation through a public instrument and request and obtain authorization from the State to function. If the founder is a human person, he can establish his constitution by act of last will. ARTICLE 194.- Initial equity. An initial equity that reasonably enables the fulfillment of the statutory purposes is an essential requirement for obtain state authorization. For these purposes, in addition to the assets actually donated in the constitutive act, those arising from commitments are taken into account. of future integration contributions, contracted by the founders or third parties. Notwithstanding this, the comptroller authority may favorably resolve requests for authorization if from the background of the founders or the servers of the foundational will committed by the entity to be created, and in addition to the characteristics of the program to be developed, it is the potential aptitude for compliance with the objectives provided in the statutes. SECTION 2 Constitution and authorization ARTICLE 195.- Constitutive act. Statute. The constitutive act of the foundation must be granted by the founder or founders or empowered with special power, if it is done by act inter vivos; or by the one authorized by the judge of the succession, if it is by disposition of last will. The instrument must be presented to the comptroller authority for approval, and contain: a) the following information about the founder (s): i) in the case of human persons, their name, age, marital status, nationality, profession, domicile and identity document number and, where appropriate, that of the empowered or authorized; ii) in the case of legal entities, the company name or denomination and domicile, proving the existence of the founding entity, its registration and representation of those who appear for it; In any case, when a mandate is invoked, the document that accredits it must be recorded; b) name and address of the foundation; c) designation of the object, which must be precise and determined; d) initial equity, integration and future resources, which must be expressed in national currency; e) duration period; f) organization of the board of directors, duration of office, regime of meetings and procedure for the appointment of its members; g) clauses pertaining to the operation of the entity; h) procedure and regime for the reform of the statute; i) year-end closing date; j) dissolution clauses and procedure pertaining to the liquidation and destination of the goods; k) triennial action plan. In the same instrument, the members of the first board of directors and the persons empowered to manage the authorization to function must be designated. ARTICLE 196.- Contributions. The cash or securities that make up the initial assets must be deposited during the authorization process at the bank authorized by the comptroller authority of the jurisdiction in which the foundation is established. The non-monetary contributions must appear in an inventory with their respective valuations, signed by a national public accountant. ARTICLE 197.- Donation promises. The donation promises made by the founders in the constitutive act are irrevocable as of the resolution of the authority comptroller that authorizes the entity to function as a legal entity. If the founder dies after signing the constitutive act, the donation promises cannot be revoked by their heirs, upon presentation to the comptroller authority requesting authorization to function as a legal entity. ARTICLE 198.- Fulfillment of the promises. The constituted foundation has all the legal actions to sue for the fulfillment of the donation promises made in their favor by the founder or by third parties, not being the defense linked to the revocation made before acceptance, nor the one related to the object of the donation if it constitutes the entire patrimony of the donor or an undivided part of it, or if the donor did not have the ownership of the commitment. ARTICLE 199.- Action plans. The plans that the entity plans to execute in the first triennium must be accompanied with the request for legal status. with precise indication of the nature, characteristics and development of the activities necessary for its fulfillment, as well as the budgetary bases for its realization. After the deadline, the inherent aspects of the subsequent triennium must be proposed, with identical requirements. ARTICLE 200.- Responsibility of the founders and administrators during the gestation stage. The founders and administrators of the foundation are jointly and severally liable to third parties for the obligations contracted up to the moment in which authorization to operate is obtained. The personal assets of each of them they can be affected to pay those debts only after their individual creditors have been satisfied. Government and administration ARTICLE 201.- Board of Directors. The government and administration of foundations is in charge of a board of directors, consisting of a minimum of three human people. It has all the necessary powers to fulfill the purpose of the foundation, within the conditions established by the statute. ARTICLE 202.- Right of the founders. The founders may reserve by express provision of the statute the power to hold positions on the board of administration, as well as the appointment of directors when the appointment deadlines expire or any of them become vacant. ARTICLE 203.- Appointment of directors. The designation of the members of the board of directors may also be conferred on public institutions and private non-profit entities. ARTICLE 204.- Character of the directors. The members of the board of directors can be permanent or temporary. The statute can establish that certain decisions always require the favorable vote of the former, as the appointment of the latter is also reserved for them. ARTICLE 205.- Executive committee. The statute may provide for the delegation of administration and government powers in favor of an executive committee made up of members of the board of directors or by third parties, which must exercise its functions between the board meeting periods, and with accountability to it. You can also delegate executive powers in one or more human persons, whether or not they are members of the board of directors. According to the entity of the tasks entrusted, the statute may provide for some form of pecuniary remuneration in favor of the members of the executive committee. ARTICLE 206.- Honorary nature of the position. The members of the board of directors cannot receive remuneration for the exercise of their position, except reimbursement of expenses, being its mission of an honorary nature. ARTICLE 207.- Meetings, calls, majorities, decisions and minutes. The statute must provide for the regime of ordinary and extraordinary meetings of the board of administration, and where appropriate, the executive committee if it is multi-person, as well as the call procedure. The quorum must be that of half plus one of its members. A record of the deliberations of the aforementioned entities must be drawn up in a special book, summarizing the results of each call with all the details plus relevant to what has been done. Decisions are made by absolute majority of votes of the members present, except that the law or the statute require qualified majorities. In the event of a tie, the Chairman of the Board of Directors or the Executive Committee has a double vote. ARTICLE 208.- Special quorum. The majorities established in article 207 are not required for the appointment of new members of the board of directors when their attendance has become impossible. ARTICLE 209.- Removal of the board of directors. The members of the board of directors may be removed with the vote of at least two thirds parts of the body members. The statute may provide for the automatic expiration of mandates for unexcused and repeated absences from council meetings. ARTICLE 210.- Acefalía of the board of directors. When there are vacant positions on the board of directors to such an extent that its operation becomes impossible, and the appointment of new members under the statute cannot take place, or they refuse to accept the positions, the comptroller authority must proceed to reorganize the administration of the foundation, to designate its new authorities, and to modify the statute in the pertinent parts. ARTICLE 211.- Rights and obligations of the members of the board of directors. The members of the board of directors are governed, with respect to their rights and obligations, by law, by current regulatory standards, bylaws, and, subsidiarily, by mandate rules. In case of violation by your rules legal, regulatory or statutory, are liable to action by liability that can be promoted by both the foundation and the controlling authority, without prejudice to the administrative sanctions and the measures that the latter can adopt regarding the foundation and the members of the council. ARTICLE 212.- Contract with the founder or his heirs. All contracts between the foundation and the founders or their heirs, with the exception of donations that they they do that, must be submitted to the approval of the controlling authority, and are ineffective in their own right without that approval. This standard applies to all resolutions of the board of directors that directly or indirectly originates in favor of the founder or his heirs a benefit that is not provided for in the statute. ARTICLE 213.- Destination of the income. Foundations must allocate most of their income to the fulfillment of their purposes. The accumulation of funds must to be carried out only for specific purposes, such as the formation of sufficient capital for the fulfillment of larger future programs, always related to the statutory purpose. In these cases the comptroller authority must be informed, clearly and concretely, about those objectives sought and the material feasibility of compliance. Likewise, foundations must immediately inform the comptroller authority of the costs incurred by a appreciable decrease in its assets. SECTION 4 Information and comptroller ARTICLE 214.- Duty of information. Foundations must provide the comptroller authority in their jurisdiction with all the information they require. ARTICLE 215.- Collaboration of the official divisions. The official divisions must supply the control authority directly with the information and advice that this requires for a better appreciation of the programs projected by the foundations. SECTION 5 Statute reform and dissolution ARTICLE 216.- Necessary majority. Change of object. Except to the contrary provision of the statute, the reforms require at least the favorable vote of the majority absolute of the members of the board of directors and two thirds in the cases of modification of the object, merger with similar entities and dissolution. The Modification of the object is only appropriate when that established by the founder has become impossible to fulfill. ARTICLE 217.- Destination of the goods. In the event of dissolution, the remainder of the assets must go to a public entity or a legal entity of private character whose object is of public utility or common good, that is not for profit and that is domiciled in the Republic. This provision does not apply to foreign foundations. Decisions made regarding the transfer of the remainder of the assets require the prior approval of the comptroller authority. ARTICLE 218.- Revocation of donations. The reform of the statute or the dissolution and transfer of the assets of the foundation, motivated by changes in circumstances that have made impossible the fulfillment of its object as provided at the time of the creation of the entity and the granting of its legal status, does not give rise to the action of revocation of donations by donors or their heirs, unless the act of holding such donations has been established expressly as a resolution condition the change of object. SECTION 6 Foundations created by testamentary provision ARTICLE 219.- Intervention of the Public Ministry. If the testator has assets destined for the creation of a foundation, it is the responsibility of the Public Ministry to ensure the effectiveness of its purpose, in an adjuvant way with the heirs and the testamentary executor, if any. ARTICLE 220.- Powers of the judge. If the heirs do not agree with each other or with the executor in the drafting of the statute and the articles of incorporation, the differences are resolved by the succession judge, after hearing the Public Ministry and the comptroller authority. SECTION 7 Comptroller authority ARTICLE 221.- Powers. The comptroller authority approves the statutes of the foundation and its reform; It audits its operation and compliance with the provisions legal and statutory to which it is subject, including the dissolution and liquidation. ARTICLE 222.- Other faculties. In addition to the powers indicated in other provisions of this Code, it corresponds to the controlling authority: a) request from the judicial authorities the appointment of interim administrators of foundations when the vacancies of their governing bodies are not filled with prejudice to the normal development of the entity or when they temporarily lack such organs; b) suspend, in case of urgency, compliance with deliberations or resolutions contrary to laws or statutes, and request the judicial authorities for nullity of those acts; c) request the authorities to suspend or remove administrators who have violated the duties of their office, and the appointment of provisional administrators; d) call the board of directors at the request of one of its members, or when serious irregularities are found to exist. ARTICLE 223.- Change of object, merger and coordination of activities. It also corresponds to the controlling authority: a) fix the new object of the foundation when the one established by the founder or founders is impossible to fulfill or has disappeared, trying to respect to the maximum extent possible the will of those. In such case, it has the necessary powers to modify the statutes in accordance with that change; b) provide for the merger or coordination of activities of two or more foundations when the circumstances indicated in subparagraph a) of this article occur, or when the A multiplicity of foundations with an analogous object make the measure advisable for its best development and the greatest public benefit. ARTICLE 224.- Resources. Administrative decisions that deny the authorization for the constitution of the foundation or withdraw the agreed legal status may judicial recourse in cases of illegitimacy and arbitrariness. The same recourse applies if it is a foreign foundation and the approval required by it is denied or, having been granted, it is later revoked. The appeal must be substantiated according to the shortest procedure in force in the corresponding jurisdiction, before the court of appeal with jurisdiction in civil matters, corresponding to the domicile of the foundation. The organs of the foundation can deduce the same recourse against the resolutions issued by the comptroller authority in the situation provided for in subsection b) of article 223. TITLE III Goods CHAPTER 1 Assets in relation to people and collective incidence rights SECTION 1 Concepts ARTICLE 225.- Properties by their nature. By their nature, the soil is immovable, the things incorporated into it in an organic way and those found under the soil without the fact of man. ARTICLE 226.- Real estate by accession. Movable property that is immobilized by its physical adhesion to the ground, with character lasting. In this case, the furniture forms a whole with the property and cannot be the object of a separate right without the will of the owner. Real property by accession is not considered to be the things affected by the exploitation of the property or the activity of the owner. ARTICLE 227.- Movable things. They are movable things that can move by themselves or by an external force. ARTICLE 228.- Divisible things. Divisible things are those that can be divided into real portions without being destroyed, each of which forms a homogeneous whole and analogous both to the other parts and to the thing itself. Things cannot be divided if their division makes their use and exploitation uneconomic. In terms of real estate, the regulation of subdivision Parcel corresponds to local authorities. ARTICLE 229.- Main things. Main things are those that can exist by themselves. ARTICLE 230.- Accessory things. Accessory things are those whose existence and nature are determined by something else on which they depend or to which they are attached. Its legal regime is that of the main thing, except legal provision to the contrary. If the movable things adhere to each other to form a whole without being able to distinguish the accessory from the main one, the one with the highest value is the main one. If they are of the same value there is no main or accessory thing. ARTICLE 231.- Consumable things. Consumables are those whose existence ends with the first use. Non-consumable things are those that do not cease to exist for the first use of them, even though they may be consumed or deteriorate after some time. ARTICLE 232.- Expendable things. Expendable things are those in which every individual of the species is equivalent to another individual of the same species, and can be replaced by others of the same quality and in the same quantity. ARTICLE 233.- Fruits and products. Fruits are the objects that a good produces, in a renewable way, without altering or diminishing its substance. Natural fruits are spontaneous productions of nature. Industrial fruits are those produced by the industry of man or the culture of the earth. Civil fruits are the income that the thing produces. The remunerations of the work are assimilated to the civil fruits. Products are the non-renewable objects that separated or taken out of the thing alter or decrease its substance. The natural and industrial fruits and products form a whole with the thing, if they are not separated. ARTICLE 234.- Goods out of commerce. Goods whose transmission is expressly prohibited are out of trade: a) by law; b) by legal acts, insofar as this Code allows such prohibitions. SECTION 2 Assets in relation to people ARTICLE 235.- Assets belonging to the public domain. They are goods belonging to the public domain, except as provided by special laws: a) the territorial sea up to the distance determined by international treaties and special legislation, without prejudice to the jurisdictional power over the contiguous zone, the zone exclusive economic and continental shelf. A territorial sea is understood to be water, the bed and the subsoil; b) inland waters, bays, gulfs, inlets, ports, anchorages and maritime beaches; maritime beaches means the portion of land that the tides bathe and vacate during the highest and lowest normal tides, and their continuation up to the corresponding distance in accordance with the special legislation of order national or local applicable in each case; c) rivers, estuaries, streams and other waters that run through natural channels, navigable lakes and lagoons, glaciers and the periglacial environment and all other water that has or acquire the ability to satisfy uses of general interest, including groundwater, without prejudice to the regular exercise of the right of the owner of the estate of extract groundwater to the extent of your interest and subject to local regulations. A river is understood as the water, the beaches and the bed through which it runs, delimited by the shore line that sets the average of the maximum ordinary floods. Lake or lagoon means water, its beaches and its bed, respectively, delimited in the same way as rivers; d) islands formed or formed in the territorial sea, the exclusive economic zone, the continental shelf or in all kinds of rivers, estuaries, streams, or in lakes or navigable lagoons, except those that belong to individuals; e) the air space overlying the territory and jurisdictional waters of the Argentine Nation, in accordance with international treaties and special legislation; f) streets, squares, roads, channels, bridges and any other public works built for common utility or comfort; g) official State documents; h) the ruins and archaeological and paleontological sites. ARTICLE 236.- Assets of the private domain of the State. They belong to the national, provincial or municipal State, without prejudice to the provisions of special laws: a) buildings that lack an owner; b) gold, silver, copper, precious stones, fossil substances and any other of similar interest, as required by the Mining Code; c) non-navigable lakes that do not have an owner; d) movable things of unknown owner that are not abandoned, except treasures; e) the goods acquired by the national, provincial or municipal State by any title. ARTICLE 237.- Determination and characteristics of the things of the State. Use and enjoy. The public goods of the State are inalienable, unattachable and imprescriptible. The people have their use and enjoyment, subject to general and local provisions. The National Constitution, federal legislation and local public law determine the national, provincial or municipal nature of the goods listed in the two articles. 235 and 236. ARTICLE 238.- Property of individuals. Assets that are not of the national, provincial, Autonomous City of Buenos Aires or municipal State, are assets of the individuals without distinction of the persons who have a right over them, except those established by special laws. ARTICLE 239.- Waters of individuals. The waters that arise in the land of individuals belong to their owners, who can freely use them, provided they do not form a natural channel. The waters of private individuals are subject to the control and restrictions established in the public interest by the enforcement authority. No one can use private waters to the detriment of third parties or to a greater extent of their right. The public domain if watercourses are natural waterways. Individuals must not alter these water courses. Use by any water title public, or works built for common utility or comfort, does not make them lose the character of public goods of the State, inalienable and imprescriptible. The fact of running the water courses through the lower lands does not give their owners any right. SECTION 3 Assets in relation to collective incidence rights ARTICLE 240.- Limits to the exercise of individual rights over assets. The exercise of individual rights over the assets mentioned in Sections 1 and 2nd must be compatible with the rights of collective incidence. It must conform to the norms of national and local administrative law dictated in the public interest and not It must affect the functioning and sustainability of the fl ora ecosystems, fauna, biodiversity, water, cultural values, landscape, among others, according to the criteria provided in the special law. ARTICLE 241.- Jurisdiction. Whatever the jurisdiction in which the rights are exercised, the applicable minimum budget regulations must be respected. EPISODE 2 Warranty function ARTICLE 242.- Common guarantee. All the debtor's assets are affected to fulfill their obligations and constitute the common guarantee of their creditors, with Except for those that this Code or special laws declare unattachable or unenforceable. Special assets authorized by law are only guaranteed the goods that comprise them. ARTICLE 243.- Assets directly affected to a public service. If it is the property of individuals directly affected by the provision of a service public, the power of aggression of creditors cannot harm the provision of the service. CHAPTER 3 living place ARTICLE 244.- Affectation. A property intended for housing may be affected by the regime provided for in this Chapter, in its entirety or up to a part of its value. This Protection does not exclude that granted by other legal provisions. The affectation is registered in the real property registry according to the forms provided in the local rules, and the temporal priority is governed by the rules contained in the national law of the real estate registry. No more than one property can be affected. If someone turns out to be the sole owner of two or more affected properties, they must opt ​​for the subsistence of only one in that capacity within the term established by the enforcement authority, under the warning that the first one is considered affected. ARTICLE 245.- Legitimized. The affectation can be requested by the registry holder; If the property is in a condominium, all joint owners must request it together. The affectation can be arranged by acts of last will; in this case, the judge must order the registration at the request of any of the beneficiaries, or the Ministry Public, or ex officio if there are beneficiaries incapable or with restricted capacity. The affectation can also be decided by the judge, at the request of the party, in the resolution that attributes the home in the divorce trial or in which it resolves the issues relative to the conclusion of the coexistence, if there are beneficiaries incapable or with restricted capacity. ARTICLE 246.- Beneficiaries. The beneficiaries of the affectation are: a) the constituent owner, his spouse, his partner, his ancestors or descendants; b) in their absence, their collateral relatives within the third degree who live with the constituent. ARTICLE 247.- Effective room. If the affectation is requested by the registry holder, it is required that at least one of the beneficiaries inhabit the property. In all cases, for the effects to subsist, it is sufficient that one of them remains in the property. ARTICLE 248.- Royal subrogation. The affectation is transmitted to the acquired dwelling in substitution of the affected one and to the amounts that replace it in concept of compensation or price. ARTICLE 249.- Main effect of the affectation. The affectation is unenforceable to the creditors of cause previous to that affectation. The affected house is not subject to execution for debts subsequent to its registration, except: a) obligations for common expenses and for taxes, fees or contributions that are directly charged to the property; b) obligations with real guarantee on the property, established in accordance with the provisions of article 250; c) obligations arising from construction or other improvements made to the home; d) maintenance obligations in charge of the owner in favor of their minor children, incapable, or with restricted capacity. Creditors without the right to require execution cannot collect their credits on the affected property, nor on the amounts that substitute it in concept of compensation or price, even if it is obtained in a judicial auction, whether it is ordered in an individual or collective execution. If the property is auctioned and remains, it is delivered to the owner of the property. In the insolvency process, the execution of the house can only be requested by the creditors listed in this article. ARTICLE 250.- Transmission of the affected dwelling. The affected property cannot be the object of testamentary bequests or improvements, except that they favor the bene fi ciaries of the affectation foreseen in this Chapter. If the constituent is married or lives in a registered cohabitation union, the property cannot be transferred or encumbered without the consent of the spouse or the partner; if the latter objects, lacks, is incapable or has restricted capacity, the transmission or encumbrance must be authorized judicially. ARTICLE 251.- Fruits. The fruits produced by the property are attachable and executable if they are not essential to satisfy the needs of the beneficiaries. ARTICLE 252.- Tax credits. The affected dwelling is exempt from the tax on free transmission due to death throughout the Republic, if it it operates in favor of the beneficiaries mentioned in article 246, and is not disaffected in the five years after the transmission. The procedures and acts related to the constitution and registration of the affectation, are exempt from taxes and fees. ARTICLE 253.- Duties of the enforcement authority. The administrative authority must provide free advice and collaboration to those interested in order to specify the procedures related to the constitution, registration and cancellation of this affectation. ARTICLE 254.- Fees. If at the request of the interested parties, professionals are involved in the constitution procedures, their fees cannot exceed one percent of the tax valuation. In lawsuits regarding the hereditary transfer of the affected dwelling and in the preventive and bankruptcy proceedings, the fees cannot exceed three percent of tax valuation. ARTICLE 255.- Disaffection and cancellation of registration. Disaffection and cancellation of registration proceed: a) at the request of the constituent; if you are married or live in a registered partnership, the consent of the spouse or partner is required; if he opposes, he lacks, he is incapable or has restricted capacity, the disaffection must be judicially authorized; b) at the request of the majority of the heirs, if the constitution was ordered by an act of last will, unless there is disagreement of the surviving spouse, the enrolled cohabitant, or there are beneficiaries incapable or with restricted capacity, in which case the judge must decide what is most convenient for their interest; c) at the request of the majority of the condominium owners computed in proportion to their respective undivided parts, with the same limits expressed in the previous paragraph; d) at the request of any interested party or ex officio, if the provisions set forth in this Chapter do not subsist, or the constituent and all the beneficiaries die; e) in the event of expropriation, claim or execution authorized by this Chapter, with the limits indicated in article 249. ARTICLE 256.- Rural property. The provisions of this Chapter are applicable to rural property that does not exceed the economic unit, in accordance with what establish local regulations. TITLE IV Facts and legal acts CHAPTER 1 General disposition ARTICLE 257.- Legal fact. The legal fact is the event that, according to the legal system, produces the birth, modification or extinction of relationships or legal situations. ARTICLE 258.- Simple lawful act. The simple lawful act is the voluntary action not prohibited by law, resulting in any acquisition, modification or extinction of legal relationships or situations. ARTICLE 259.- Legal act. The legal act is the lawful voluntary act whose immediate purpose is the acquisition, modification or termination of legal relationships or situations. ARTICLE 260.- Voluntary act. The voluntary act is the one performed with discernment, intention and freedom, which is manifested by an external fact. ARTICLE 261.- Involuntary act. It is involuntary for lack of discernment: a) the act of who, at the time of doing it, is deprived of reason; b) The unlawful act of a minor who has not reached the age of ten; c) the lawful act of a minor who has not reached the age of thirteen, without prejudice to the provisions of special provisions. ARTICLE 262.- Manifestation of the will. The acts can be externalized orally, in writing, by unequivocal signs or by the execution of a material fact. ARTICLE 263.- Silence as a manifestation of the will. Silence opposed to acts or interrogation is not considered as a manifestation of will pursuant to the act or the interrogation, except in cases where there is a duty to issue that may result from the law, from the will of the parties, from the uses and practices, or of a relationship between the current silence and the preceding statements. ARTICLE 264.- Tacit manifestation of will. The tacit manifestation of the will results from the acts by which it can be known with certainty. It lacks effectiveness when the law or convention requires an express statement. EPISODE 2 Error as a vice of the will ARTICLE 265.- Factual error. The error of essential fact vitiates the will and causes the nullity of the act. If the act is receptive bilateral or unilateral, the error must also be recognizable by the recipient to cause invalidity. ARTICLE 266.- Recognizable error. The error is recognizable when the recipient of the declaration could know it according to the nature of the act, the circumstances of the person, Time and place. ARTICLE 267.- Assumptions of essential error. The factual error is essential when it falls on: a) the nature of the act; b) a good or a fact that is different or of a different species than that which was intended to be designated, or a quality, extent or sum that is different from the one wanted; c) the substantial quality of the property that has been determining the legal will according to the common assessment or the circumstances of the case; d) the relevant personal reasons that have been expressly or tacitly incorporated; e) the person with whom the act was held or referred to if it was decisive for its celebration. ARTICLE 268.- Calculation error. The calculation error does not lead to the nullity of the act, but only to its rectification, unless it is a determining factor of consent. ARTICLE 269.- Subsistence of the act. The party that makes an error cannot request the nullity of the act, if the other offers to execute it with the modalities and content that that one understood to celebrate. ARTICLE 270.- Error in the declaration. The provisions of the articles of this Chapter are applicable to the error in the declaration of will and in its transmission. CHAPTER 3 I will it as a vice of the will ARTICLE 271.- Intentional act and omission. Intentional action is any assertion of the false or concealment of the true, any device, cunning or machination that is used for the celebration of the act. Willful omission causes the same effects as willful action, when the act would not have been performed without reluctance or concealment. ARTICLE 272.- Essential fraud. The intent is essential and causes the annulment of the act if it is serious, is determining the will, causes significant harm and there has been no intent both sides. ARTICLE 273.- Incidental fraud. Incidental intent is not determinative of the will; consequently, it does not affect the validity of the act. ARTICLE 274.- Subjects. The perpetrator of the essential fraud and of the incidental fraud may be one of the parties to the act or a third party. ARTICLE 275.- Responsibility for the damages caused. The perpetrator of the essential or incidental intent must repair the damage caused. The party that time of the celebration of the act had knowledge of the fraud of the third party. CHAPTER 4 Violence as a vice of the will ARTICLE 276.- Force and intimidation. The irresistible force and the threats generated by the fear of suffering a serious and imminent evil that cannot be counteracted or avoided in the person or property of the party or a third party, they cause the nullity of the act. The relevance of the threats must be judged taking into account the situation of the threatened and the other circumstances of the case. ARTICLE 277.- Subjects. The perpetrator of irresistible force and threats may be one of the parties to the act or a third party. ARTICLE 278.- Responsibility for the damages caused. The author must repair the damage. Responds jointly to the part that at the time of the celebration of the act had knowledge of the irresistible force or threats of the third party. CHAPTER 5 Legal acts SECTION 1 Purpose of the legal act ARTICLE 279.- Object. The object of the legal act should not be an impossible or prohibited fact by law, contrary to morality, good customs, public order or harmful to the rights of others or human dignity. Nor can it be a good that for a special reason has been prohibited. ARTICLE 280.- Validation. The legal act subject to a term or suspensive condition is valid, even if the object was initially impossible, if it becomes possible before expiration of the term or fulfillment of the condition. SECTION 2 Cause of the legal act ARTICLE 281.- Cause. The cause is the immediate end authorized by the legal system that has been determining the will. The motives are also part of the cause externalized when they are lawful and have been incorporated into the act expressly, or tacitly if they are essential for both parties. ARTICLE 282.- Presumption of cause. Although the cause is not expressed in the act, it is presumed that it exists until proven otherwise. The act is valid although the expressed cause is false if it is founded on another true cause. ARTICLE 283.- Abstract act. The inexistence, falsity or illegality of the cause are not debatable in the abstract act until it has been complied with, except that the law authorize. SECTION 3 Form and proof of the legal act ARTICLE 284.- Freedom of forms. If the law does not designate a certain form for the externalization of the will, the parties can use whatever they deem appropriate. The parties may agree to a more demanding form than that imposed by law. ARTICLE 285.- Imposed form. The act that is not granted in the manner required by law is not concluded as such until the intended instrument has been granted, but it is valid as an act in which the parties have obliged themselves to comply with the expressed formality, except that it is required under a sanction of nullity. ARTICLE 286.- Written expression. Written expression can take place by public instruments, or by private signed or non-signed instruments, except in the cases in which certain instrumentation is imposed. It can be recorded in any medium, as long as its content is represented with intelligible text, although its reading requires technical means. ARTICLE 287.- Private and private instruments not signed. Particular instruments may or may not be signed. If they are, they are called private instruments. If they are not, they are called non-signed private instruments; This category includes all unsigned writing, among others, printed forms, visual records or auditory of things or facts and, whatever the medium used, the records of the word and information. ARTICLE 288.- Signature. The signature proves the authorship of the declaration of will expressed in the corresponding text. It must consist of the name of the signer or a sign. In instruments generated by electronic means, the requirement of a person's signature is satisfied if a digital signature is used, which undoubtedly ensures the authorship and integrity of the instrument. SECTION 4 Public instruments ARTICLE 289.- Enunciation. They are public instruments: a) the public deeds and their copies or testimonies; b) instruments issued by notaries or public officials with the requirements established by law; c) the titles issued by the national, provincial state or the Autonomous City of Buenos Aires, in accordance with the laws that authorize their issuance. ARTICLE 290.- Requirements of the public instrument. The validity requirements of the public instrument are: a) the performance of the public official within the limits of its powers and territorial competence, except that the place is generally considered to be included therein; b) the signatures of the public officer, of the parties, and where appropriate, of their representatives; if any of them does not sign by itself or by request, the instrument is invalid for everybody. ARTICLE 291.- Prohibitions. The instrument authorized by a public official in a matter in which he, his spouse, his partner, or his relative is of no value within the fourth or second degree of affinity, be personally interested. ARTICLE 292.- Budgets. It is presupposed for the validity of the instrument that the public officer is actually in office. However, the acts orchestrated and authorized by him before the notification of the suspension or cessation of his functions made in accordance with the law or regulation that regulates the function of that is. Within the limits of good faith, the lack of the necessary requirements for his appointment and investiture does not affect the act or the instrument if the intervening person exercises effectively an existing position and acts under the appearance of legitimacy of the title. ARTICLE 293.- Competition. The public instruments extended in accordance with the provisions of this Code enjoy full faith and produce identical effects throughout the territory of the Republic, whatever the jurisdiction where they have been granted. ARTICLE 294.- Defects of form. The public instrument that has amendments, additions, erasures, interlines and alterations in essential parts is invalid, if they are not saved before the required signatures. The instrument that does not have the due form is valid as a private instrument if it is signed by the parties. ARTICLE 295.- Unfit witnesses. They cannot be witnesses in public instruments: a) people unable to exercise and those who are prevented by a sentence from being a witness in public instruments; b) those who do not know how to sign; c) the dependents of the public officer; d) the spouse, the partner and the relatives of the public official, within the fourth and second degree of affinity; The common mistake about the suitability of witnesses saves the effectiveness of the instruments in which they have intervened. ARTICLE 296.- Evidentiary efficacy. The public instrument makes full faith: a) as to the fact that the act has been carried out, the date, the place and the facts that the public officer declares as fulfilled by him or before him until it is declared false in court civil or criminal; b) regarding the content of the declarations on conventions, provisions, payments, acknowledgments and statements of facts directly related to the object main of the act implemented, until evidence to the contrary occurs. ARTICLE 297.-. Formal safety. The witnesses of a public instrument and the public official who authorized it cannot contradict, vary or alter its content, if not they allege that they testified or granted the act as victims of fraud or violence. ARTICLE 298.- Counter-document. The particular counter-document that alters what is expressed in a public instrument can be invoked by the parties, but is unenforceable regarding interested third parties in good faith. SECTION 5 Public deed and minutes ARTICLE 299.- Public deed. De fi nition. The public deed is the parent instrument extended in the protocol of a notary public or other authorized official to exercise the same functions, which contain one or more legal acts. The copy or testimony of the public deeds issued by the notaries is a public instrument and makes full faith as the parent scripture. If there is any variation between it and the copy or testimony, it must be the content of the main deed. ARTICLE 300.- Protocol. The protocol is formed with the sheets enabled for the use of each record, numbered sequentially in each calendar year, and with the documents that are incorporated by legal requirement or at the request of the parties to the act. It corresponds to the local law to regulate the relative to the characteristics of the pages, its expedition, as well as the other proceedings related to the protocol, form and mode of its collection in volumes or files, its conservation and archive. ARTICLE 301.- Requirements. The scribe must receive by himself the statements of the appearing parties, be they the parties, their representatives, witnesses, spouses or others intervening parties. It must qualify the budgets and elements of the act, and configure it technically. Public deeds, which must be extended in a single act, can be handwritten or typed, electronic word processing mechanisms may be used, provided that the wording is definitively stamped in the media required by regulations, with easily readable characters. In the cases of plurality of grantors in which there is no delivery of money, securities or things in In the presence of the notary, the interested parties can sign the deed at different times on the day it is granted. This procedure can be used as long as it is not modify the final text at the time of the first signature. ARTICLE 302.- Language. The public deed must be done in the national language. If any of the grantors declares to ignore it, the deed must be written in accordance with a signed minute, which must be expressed in the national language by a public translator, and if there is not, by an interpreter that the scribe accepts. Both instruments must remain added to the protocol. Grantors may request the notarization of an original instrument in a foreign language, provided it consists of a translation by a public translator, or interpreter that one accepts. In such case, with the testimony of the deed, the notary must deliver a certified copy of that instrument in the language in which it is written. ARTICLE 303.- Abbreviations and numbers. Do not leave blank spaces, or use abbreviations, or initials, unless these last two appear in the documents They are transcribed, whether they are records of other documents added or are scientific or socially accepted signs or abbreviations with univocal meaning. They can numbers are used, except for the amounts that are delivered in the presence of the notary and other amounts or data that correspond to essential elements of the legal act. ARTICLE 304.- Grantor with hearing impairment. If any of the grantors of the act has hearing impairment, two witnesses must intervene who can give account of the knowledge and understanding of the act by the grantor. If she is a literate, in addition, the writing must be done in accordance with a minute signed by her and the scribe must attest to that fact. The minutes must be registered. ARTICLE 305.- Content. The deed must contain: a) place and date of its granting; if either party requires it or the scribe considers it convenient, the time the instrument is signed; b) the names, surnames, identity document, real and special address, if any, date of birth and family status of the grantors; if it's people married, it must also be stated if they are so in first or subsequent nuptials and the name of the spouse, if it is relevant in light of the nature of the act; if he grantor is a legal person, his full name, registered office and registration details of his constitution should be recorded if applicable; c) the nature of the act and the individualization of the assets that constitute its object; d) the instrumental record of the reading that the scribe must do in the act of granting the deed; e) the amendments, tests, erasures, interlines, or other modifications made to the instrument in essential parts, which must be made by hand of the notary public and before signing; f) the signature of the grantors, the notary public and the witnesses, if any; if any of the grantors does not know or cannot sign, another person must do so on their behalf; should record the statement on the cause of the impediment and the digital impression of the grantor. ARTICLE 306.- Justification of identity. The identity of those appearing must be justified by any of the following means: a) by exhibition to the scribe of a suitable document; In this case, the document must be individualized and the certified reproduction of its relevant parts; b) by affirmation of knowledge by the scribe. ARTICLE 307.- Enabling documents. If the grantor of the deed is a representative, the notary must demand the presentation of the original document that proves it, the that it must be added to the protocol, except in the case of powers of attorney for more than one matter or other enabling documents that make the return necessary, assumption in which a copy certified by the scribe must be added. In case the enabling documents are already registered in the clerk's register intervening, it is enough that this circumstance is mentioned, indicating folio and year. ARTICLE 308.- Copies or testimonies. The scribe must give a copy or testimony of the deed to the parties. That instrument can be obtained by any means of reproduction that ensures its indelible permanence, in accordance with local regulations. If any of the parties requests a new copy, the notary must deliver it, except that the deed contains the record of some pending obligation to give or to do, in charge of another of the parties. In this case, accreditation must be required In a public instrument of the extinction of the obligation, the creditor's agreement or the judicial authorization, which must be processed with the summons of the parties to the legal act. ARTICLE 309.- Nullity. The deeds that do not have the designation of the time and place in which they are made, the name of the grantors, the signature of the notary and of the parties, the signature at their request when they do not know or cannot write and the signature of the two witnesses to the act when their presence is required. The non-observance of other formalities do not nullify the deeds, but notaries or public officials can be sanctioned. ARTICLE 310.- Minutes. The notarial documents that are intended to verify the facts are called minutes. ARTICLE 311.- Requirements of notarial acts. The minutes are subject to the requirements of public deeds, with the following modifications: a) the requirement that motivates the intervention of the notary and, where appropriate, the requestor's statement regarding their own interest or that of third parties with which they act; b) the accreditation of legal status or the interest of third parties alleged by the applicant is not necessary; c) it is not necessary for the notary to know or identify the people with whom he deals in order to make the notifications, requests and other procedures; d) the persons required or notified, insofar as the object of the verification so permits, must be previously informed of the nature of the intervention. notary and, where appropriate, the right not to reply or to reply; in the latter case, the statements made must be recorded in the document; e) the notary may practice the proceedings without the concurrence of the applicant when its object is not necessary; f) do not require unity of act or writing; they can be extended simultaneously or after the events that are narrated, but on the same day, and they can be separated in two or more parts or proceedings, following the chronological order; g) They can be authorized even if one of the interested parties refuses to sign, which must be recorded. ARTICLE 312.- Probative value. The probative value of the acts is limited to the facts that the notary has in view, to the verification of their existence and status. In As for people, it is limited to their identi fi cation if it exists, and the statements and judgments they issue must be recorded. Statements should be referred to as mere fact and not as business content. SECTION 6 Private and private instruments ARTICLE 313.- Signature of private instruments. If any of the signatories of a private instrument does not know or cannot sign, the record of the digital printing or by the presence of two witnesses who must also sign the instrument. ARTICLE 314.- Recognition of the signature. Anyone against whom an instrument is presented whose signature is attributed must state whether it belongs to them. The heirs they can limit themselves to stating that they do not know whether or not the signature is their cause. The authenticity of the signature can be proven by any means. The recognition of the signature matters the recognition of the body of the private instrument. The private instrument recognized, or declared authentic by judgment, or whose signature it is certi fi ed by a notary public, cannot be contested by those who have recognized it, except for defects in the act of recognition. The resulting proof is indivisible. The signed document with digital printing is valid as a written proof principle and can be contested in its content. ARTICLE 315.- Document signed blank. The signer of a blank document can challenge its content by proving that it does not respond to its instructions, but can not use witnesses if there is no principle of written evidence. The ignorance of the signatory should not affect third parties in good faith. When the blank signed document is stolen against the will of the person keeping it, those circumstances can be proven by any means. In such a case, the The content of the instrument cannot be opposed to the signatory except for the third parties that prove their good faith if they have acquired rights for consideration based on the instrument. ARTICLE 316.- Amendments. The scratches, amendments or between the lines that affect essential parts of the instrumented act must be saved with the signature of the parts. From If this is not done, the judge must determine to what extent the defect excludes or reduces the evidentiary force of the instrument. ARTICLE 317.- Certain date. The evidentiary effectiveness of recognized private instruments extends to third parties from their certain date. They acquire a certain date on the day in which an event occurs which results in inescapable consequence that the document was already signed or could not be signed later. Evidence can be produced by any means, and must be rigorously appreciated by the judge. ARTICLE 318.- Correspondence. Correspondence, whatever the means used to create or transmit it, may be presented as evidence by the recipient, but The one that is confidential cannot be used without the sender's consent. Third parties cannot use the correspondence without the consent of the recipient, and the sender if confidential. ARTICLE 319.- Probative value. The evidentiary value of the particular instruments must be appreciated by the judge, considering, among other guidelines, the congruence between the happened and narrated, the precision and technical clarity of the text, the uses and practices of the traffic, the preceding relationships and the reliability of the supports used and of the technical procedures that apply. SECTION 7 Accounting and financial statements ARTICLE 320.- Obliged. Exceptions. All private legal persons and those who carry out an organized economic activity or are required to keep accounts they are owners of a company or commercial, industrial, agricultural or service establishment. Any other person can keep accounts if they request their registration and the authorization of their records or the initiation of books, as established in this Section. Without prejudice to the provisions of special laws, human persons who carry out liberal professions are excluded from the obligations set forth in this Section. or agricultural and related activities not executed or organized as a company. Activities aimed at transformation or alienation of agricultural products when they are included in the normal exercise of such activities. They can also be exempted from accounting activities that, due to the volume of their business, it is inconvenient to subject to such duties as determined by each local jurisdiction. ARTICLE 321.- Way of keeping the accounting. The accounting must be kept on a uniform basis from which a true picture of the activities and acts results. They must be registered, so that the individualization of the operations and the corresponding creditor and debtor accounts are allowed. Seats must be backed with the respective documentation, all of which must be filed in a methodical way and that allows its location and consultation. ARTICLE 322.- Indispensable records. The following are essential records: daily; b) inventory and balances; c) those that correspond to an adequate integration of an accounting system and that demands the importance and nature of the activities to be carried out; d) those that are specially imposed by this Code or other laws. ARTICLE 323.- Books. The interested party must keep their accounting through the use of books and must present them, duly bound, for their individualization in the corresponding Public Registry. Such identification consists of noting, on the first folio, a dated and signed note of your destination, the copy number, the name of its owner and the number of pages that contains. The Registry must keep an alphabetical list, for public consultation, of the people who request the initialing of books or authorization to keep the accounting records of another form, from which the books that were initialed and, where appropriate, from the authorizations conferred on them arise. ARTICLE 324.- Prohibitions. It's prohibited: a) alter the order in which the entries must be made; b) leave blanks that can be used for intercalations or additions between the seats; c) interline, scrape, amend or cross out. All mistakes and omissions must be saved by a new entry made on the date the omission or error; d) mutilate any part of the book, tear sheets or alter the binding or foliage; e) any other circumstance that affects the inalterability of the registrations. ARTICLE 325.- Form of keeping records. The books and accounting records must be kept in chronological order, updated, without any alteration that has not been duly saved. They must also be carried in the national language and currency. They must make it possible to determine the net worth position, its evolution and its results at the end of each financial year. The books and registries of article 322 must remain in the domicile of its title. ARTICLE 326.- Financial statements. At the end of the financial year, those who have compulsory or voluntary accounting must prepare their financial statements, which include At least a statement of financial position and an income statement that must be recorded in the inventory and balance register. ARTICLE 327.- Daily. All the operations related to the activity of the person that have an effect on the patrimony, individually or in summary records covering periods of duration not exceeding one month. These summaries must arise from detailed annotations made in subdiaries, which must be carried in the forms and conditions established in articles 323, 324 and 325. The Register or Cash Book and any other auxiliary newspaper that is part of the accounting registration system integrates the Journal and the formalities established for the same. ARTICLE 328.- Conservation. Except that special laws establish longer terms, they must be kept for ten years: a) the books, counting the term from the last entry; b) the other records, from the date of the last entry made on them; c) the backing instruments, from their date. The heirs must keep the books of the deceased and, where appropriate, display them in the manner provided for in article 331, until the indicated deadlines are met previously. ARTICLE 329.- Acts subject to authorization. The owner may, with prior authorization from the Public Registry of his domicile: a) substitute one or more books, except the one of Inventories and Balances, or any of its formalities, by the use of computers or other mechanical, magnetic or electronic that allow the individualization of operations and the corresponding debtor and creditor accounts and their subsequent verification; b) keep the documentation on microfilm, optical discs or other suitable means for that purpose. The request made to the Public Registry must contain an adequate description of the system, with the technical opinion of a Public Accountant and indication of the background of its use. Once approved, the authorization request and the respective resolution of the controlling body must be transcribed in the Inventory and Balance book. Authorization should only be granted if the alternative means are equivalent, in terms of inviolability, plausibility and completeness, to the systems whose replacement is requests. ARTICLE 330.- Evidentiary effectiveness. Accounting, compulsory or voluntary, carried out in the manner and with the prescribed requirements, must be admitted in court, as a means of proof. Their records prove against whoever carries it or their successors, even if they were not in shape, without admitting evidence to the contrary. The opponent cannot accept the seats that they are favorable to him and discard those that harm him, but having adopted this means of proof, he must be at the combined results presented by all the records relating to the questioned point. The accounting, forced or voluntary, proves in favor of the one who carries it, when in litigation against another subject who has accounting, forced or voluntary, he does not present contrary records incorporated in a regular accounting. However, in such a case, the judge has the power to appreciate this evidence, and to demand, if he deems it necessary, another substitute. When there is conflicting evidence from the records of the parties to the dispute, and both find all the necessary formalities and without any defect, the judge must dispense with this means of proof and proceed on the merits of the other tests that are presented. If it is a matter of litigation against those who are not obliged to keep accounts, nor do they keep them voluntarily, this only serves as a principle of evidence according to the circumstances. of the case. The proof that results from accounting is indivisible. ARTICLE 331.- Investigations. Except as provided in special laws, no authority, under any pretext, can make official inquiries to inquire whether People do or do not keep legally arranged records. The accounting test must be carried out in the place provided for in article 325, even when it is outside the territorial jurisdiction of the judge who orders it. The general exhibition of records or accounting books can only be decreed at the request of a party in succession trials, all kinds of communion, associative contract or company, administration for others and in the event of liquidation, bankruptcy or bankruptcy. Outside of these cases, only the exhibition of records or books may be required. insofar as it is related to the controversial issue in question, as well as to establish whether the obligor's accounting system complies with the forms and conditions established in articles 323, 324 and 325. CHAPTER 6 Vices of legal acts SECTION 1 Injury ARTICLE 332.- Injury. The nullity or modification of legal acts can be demanded when one of the parties exploiting the need, psychic weakness or inexperience of the other, obtain through them an obviously disproportionate and unjustified patrimonial advantage. Unless there is evidence to the contrary, it is presumed that such exploitation exists in the event of a significant disproportion of benefits. The calculations must be made according to values ​​at the time of the act and the disproportion must subsist at the time of the demand. The affected party has the option to demand the nullity or an equitable readjustment of the agreement, but the first of these actions must be transformed into an adjustment action if it is offered by the defendant in answering the lawsuit. Only the injured or his heirs can exercise the action. SECTION 2 Simulation > ARTICLE 333.- Characterization. The simulation takes place when the legal character of an act is concealed under the guise of another, or when the act contains clauses that they are not sincere, or dates that are not true, or when they constitute or transmit rights to interposed persons, which are not those for whom in reality are constituted or transmitted. ARTICLE 334.- Lawful and unlawful simulation. The simulation unlawful or that harms a third party causes the ostensible act to be null and void. If the simulated act conceals another real, this is fully effective if the requirements of its category are met and it is not unlawful or harmful to a third party. The same provisions apply in the case of clauses simulated. ARTICLE 335.- Action between the parties. Counterdocument. Those who grant a simulated act that is unlawful or that harms third parties cannot exercise any action against each other the other on simulation, except that the parties cannot obtain any benefit from the results of the simulation action. The simulation alleged by the parties must be proven through the respective counter document. It can be dispensed with, when the party justifies the reasons for not it exists or it cannot be presented and there are circumstances that make the simulation unequivocal. ARTICLE 336.- Third party action. Third parties whose rights or legitimate interests are affected by the simulated act can demand its nullity. They can prove the simulation by any means of proof. ARTICLE 337.- Effects against third parties. Duty to indemnify. The simulation cannot be opposed to the creditors of the simulated acquirer who in good faith have executed the goods included in the act. The creditor's action against the sub-purchaser of the rights obtained by the contested act only proceeds if he acquired it for free, or if he is complicit in the simulation. The deputy purchaser in bad faith and the person who contracted in bad faith with the debtor respond jointly and severally for the damages caused to the creditor who brought the action, if the rights are transmitted to an acquirer in good faith and for consideration, or otherwise lost to the creditor. The one who contracted in good faith and free of charge with the debtor, responds to the extent of its enrichment. SECTION 3 Fraud ARTICLE 338.- Declaration of unenforceability. Any creditor may request the declaration of non-enforceability of the acts held by its debtor in fraud of its rights, and of the waivers to the exercise of rights or faculties with which he could have improved or avoided worsening his fortune status. ARTICLE 339.- Requirements. They are requirements of origin of the action of declaration of inoponibility: a) that the credit is from a cause prior to the contested act, except that the debtor has acted with the purpose of defrauding future creditors; b) the act has caused or aggravated the insolvency of the debtor; c) that whoever contracted with the debtor for consideration has known or should have known that the act caused or aggravated the insolvency. ARTICLE 340.- Effects against third parties. Duty to indemnify. Fraud cannot be opposed to the acquirer's creditors who in good faith have executed the assets included in the act. The action of the creditor against the sub-purchaser of the rights obtained by the contested act only proceeds if he acquired it for free, or if he is complicit in the fraud; the Complicity is presumed if, at the time of hiring, he knew the state of insolvency. The deputy purchaser in bad faith and the person who contracted in bad faith with the debtor respond jointly and severally for the damages caused to the creditor who brought the action, if the rights are transmitted to an acquirer in good faith and for consideration, or otherwise lost to the creditor. The one who contracted in good faith and free of charge with the debtor, responds to the extent of its enrichment. ARTICLE 341.- Extinction of the action. The action of the creditors ceases if the acquirer of the goods transferred by the debtor disinterests them or gives sufficient guarantee. ARTICLE 342.- Extension of unenforceability. The declaration of non-enforceability is pronounced exclusively in the interest of the creditors who promote it, and until the amount of their respective credits. CHAPTER 7 Modalities of legal acts SECTION 1 Condition ARTICLE 343.- Scope and species. A condition is called the clause of legal acts by which the parties subordinate their full effectiveness or resolution to a fact future and uncertain. The provisions of this chapter are applicable, insofar as they are compatible, to the clause by which the parties subject the acquisition or extinction of a right to facts past or present ignored. ARTICLE 344.- Prohibited conditions. The act is null subject to an impossible fact, contrary to morals and good customs, prohibited by the legal system or that depends exclusively on the will of the obligor. The condition of not doing an impossible thing does not prejudice the validity of the obligation, if it were agreed under suspensive modality. The conditions that seriously affect the liberties of the person, such as choosing their domicile or religion, or deciding on their marital status, are considered unwritten. ARTICLE 345.- Non-execution of the condition. The breach of the condition cannot be invoked by the party that, in bad faith, prevents its realization. ARTICLE 346.- Effect. The condition does not operate retroactively, unless otherwise agreed. ARTICLE 347.- Pending condition. The holder of a right subject to suspensive condition may request conservatory measures. The acquirer of a right subject to a condition of resolution may exercise it, but the other party may also request conservatory measures. In all cases, as long as the condition has not been met, the party that constituted or transmitted a right must behave in accordance with good faith, so as not to harm the counterparty. ARTICLE 348.- Compliance with the suspensive and resolutory condition. Compliance with the condition obliges the parties to surrender or restitute, reciprocally, the agreed benefits, applying the effects corresponding to the nature of the concerted act, its purposes and object. If the retroactive effect of the condition had been determined, compliance with it requires reciprocal delivery of what would have corresponded to the parties at the time of the celebration of the act. However, the acts of administration remain and the fruits remain in favor of the party that has perceived them. ARTICLE 349.- Non-compliance with the suspensive condition. If the act celebrated under suspensive condition had been executed before the fulfillment of the condition, and This is not fulfilled, the object must be returned with its accessories but not the perceived fruits. SECTION 2 Term ARTICLE 350.- Species. The enforceability or termination of a legal act may be deferred at the expiration of a term. ARTICLE 351.- Beneficiary of the term. The term is presumed established for the benefit of the person obligated to comply or to return upon maturity, unless, due to the nature of the act, or for other circumstances, it turns out that it has been provided in favor of the creditor or both parties. ARTICLE 352.- Advance payment. The obligor who complies or returns before the deadline cannot repeat the payment. ARTICLE 353.- Expiration of the term. The person obliged to comply cannot invoke the pendency of the term if his bankruptcy has been declared, if he diminishes by his own act the assurances granted to the creditor for the fulfillment of the obligation, or if it has not constituted the promised guarantees, among other relevant assumptions. The opening of the Bankruptcy of the obligor does not expire the term, without prejudice to the creditor's right to verify his credit, and to all the consequences provided by law. bankruptcy. SECTION 3 Position ARTICLE 354.- Position. Species. Presumption. The charge is an accessory obligation imposed on the acquirer of a right. It does not prevent the effects of the act, except that its compliance has been provided as a condition precedent, nor does it resolve them, except that its compliance has been stipulated as a condition for resolution. If in doubt, understands that such a condition does not exist. ARTICLE 355.- Compliance time. Prescription. The provisions of articles 350 and concordant apply to the term of execution of the charge. Since it is expedited, the action for compliance prescribes as established in article 2559. ARTICLE 356.- Transmissibility. The acquired right is transferable by acts inter vivos or by cause of death and with it the obligation to fulfill the charge is transferred, except that it can only be carried out by the person who was initially obliged to comply with it. If the fulfillment of the position is inherent to the person and the person dies without fulfilling it, the Acquisition of the main right is without effect, returning the property to the original owner or his heirs. The reversal does not affect third parties but as far as possible affect the resolving condition. ARTICLE 357.- Prohibited charge. The stipulation as a charge in legal acts of facts that cannot be as a condition, is considered unwritten, but does not cause nullity of the act. CHAPTER 8 Representation SECTION 1 General disposition ARTICLE 358.- Principle. Sources. Legal acts inter vivos can be performed through a representative, except in cases where the law requires that they be granted by the right holder. Representation is voluntary when it results from a legal act, it is legal when it results from a rule of law, and it is organic when it results from the statute of a person legal. In family relations, representation is governed, in subsidy, by the provisions of this Chapter. ARTICLE 359.- Effects. The acts celebrated by the representative on behalf of the represented and within the limits of the powers conferred by law or by the act of empowerment, produce effect directly for the represented. ARTICLE 360.- Extension. The representation covers the acts object of the empowerment, the powers granted by law and also the acts necessary for their execution. ARTICLE 361.- Limitations. The existence of unauthorized assumptions and the limitations or the extinction of power are opposable to third parties if they know or could know them acting with due diligence. SECTION 2 Voluntary representation ARTICLE 362.- Characters. Voluntary representation includes only the acts that the represented can grant for himself. The limits of representation, its termination, and the instructions that the represented gave to his representative, are opposable to third parties if they have become aware of such circumstances, or should have get to know them acting with care and foresight. ARTICLE 363.- Form. The power of attorney must be granted in the manner prescribed for the act that the representative must perform. ARTICLE 364.- Capacity. In the voluntary representation, the represented must have the capacity to grant the act at the time of empowerment; for the representative discernment is sufficient. ARTICLE 365.- Vices. The act granted by the representative is void if his will is flawed. But if it has been granted in exercise of previously determined powers by the represented is null only if the will of the latter was vitiated. The represented in bad faith cannot take advantage of the representative's ignorance or good faith. ARTICLE 366.- Action in the exercise of power. When a representative acts within the framework of his power, his acts directly bind the represented and the third parties. The representative is not liable to third parties, unless the business has been guaranteed in some way. If the will to act on behalf of another does not it appears clearly, it is understood that it has proceeded in its own name. ARTICLE 367.- Apparent representation. When someone has acted to induce a third party to enter into a legal act, reasonably believing that he negotiates with his representative, without express representation, it is understood that he has tacitly granted him sufficient power. To this end, it is presumed that: a) the person who notoriously has the administration of an establishment open to the public is empowered for all the acts proper to its ordinary management; b) the dependents who perform in the establishment are empowered for all acts that ordinarily correspond to the functions they perform; c) the employees in charge of delivering merchandise outside the establishment are empowered to receive their price by issuing the relevant receipt. ARTICLE 368.- Act with himself. No one may, on behalf of another, carry out a legal act with himself, whether on his own behalf or on behalf of a third party, without the authorization of the represented. Nor can the representative, without the consent of the represented, apply funds or income obtained in the exercise of the representation to their own businesses, or to others committed to its management. ARTICLE 369.- Rati fi cation. The ratification replaces the defect of representation. After ratification, the action is considered authorized, with retroactive effect to the day of act, but it is unenforceable to third parties who have previously acquired rights. ARTICLE 370.- Time of ratification. Ratification can be done at any time, but the interested parties may request it, setting a deadline for it that cannot exceed fifteen days; silence should be interpreted as negative. If ratification depends on the administrative or judicial authority, the term extends to three months. The A third party that has not required ratification may revoke their consent without waiting for the expiration of these terms. ARTICLE 371.- Manifestation of the rati fi cation. Ratification results from any express manifestation or from any conclusive act or behavior that necessarily it implies an approval of what has done the one that invokes the representation. ARTICLE 372.- Obligations and duties of the representative. The representative has the following obligations and duties: a) fidelity, loyalty and reserve; b) to carry out the entrusted management, which requires the legality of its provision, compliance with the instructions of the represented party, and the development of conduct according to the uses and practices of traffic; c) communication, which includes information and consultation; d) conservation and custody; e) prohibition, as a rule, of acquiring by sale or similar legal acts the assets of its represented; f) of restitution of documents and other assets that correspond to the represented at the end of the management. ARTICLE 373.- Obligations and duties of the represented party. The represented party has the following obligations and duties: a) to provide the necessary means for the fulfillment of the management; b) to remunerate management, if applicable; c) to leave the representative harmless. ARTICLE 374.- Copy. Third parties may demand that the representative sign and deliver a signed copy of the instrument from which their representation results. ARTICLE 375.- Power conferred in general terms and express powers. The powers contained in the power are of restrictive interpretation. The power conferred on general terms only includes the acts of ordinary administration and those necessary for their execution. Express powers are necessary to: a) petition for divorce, annulment of marriage, modification, dissolution or liquidation of the matrimonial property regime; b) grant the conjugal assent if the act requires it, in which case the property to which it refers must be identified; c) recognize children, in which case the person to be recognized must be identified; d) accept inheritances; e) to constitute, modify, transfer or extinguish real rights over real estate or other registrable assets; f) create obligations by a unilateral declaration of will; g) recognize or novate obligations prior to the granting of power; h) make payments that are not the ordinary ones of the administration; i) waive, compromise, arbitrate rights or obligations, without prejudice to the applicable rules on bankruptcy and bankruptcy; j) form transitory unions of companies, business collaboration groups, companies, associations, or foundations; k) give or take on location real estate for more than three years, or collect early rent for more than one year; l) make donations, or other liberalities, except for small habitual gratuities; m) Deposit, compromise personal services, receive things in deposit if it is not necessary, and give or take money on loan, except when these acts correspond to the object for which a power was granted in general terms. ARTICLE 376.- Responsibility for non-existence or excess in representation. If someone acts as a representative of another without being it, or in excess of the faculties conferred by the represented, is responsible for the damage that the other party suffers for having trusted, through no fault of their own, in the validity of the act; if you let the third party know the fault or deficiency of its power, is exempt from said responsibility. ARTICLE 377.- Substitution. The representative can substitute power in another. Respond for the substitute if he incurs guilt in choosing. The represented can indicate the person of the substitute, in which case the representative does not answer for him. The represented party can prohibit the substitution. ARTICLE 378.- Plurality of representatives. The appointment of several representatives, without indication that they must act together, all or some of them, is understands that it empowers any of them to act indiscriminately. ARTICLE 379.- Plural empowerment. The power granted by several people for an object of common interest can be revoked by any of them without dependence on the others. ARTICLE 380.- Extinction. Power is extinguished: a) for the fulfillment of the act or acts entrusted in the empowerment; b) by the death of the representative or the represented; however it subsists in the event of the death of the represented party as long as it has been conferred for acts especially determined and by reason of a legitimate interest that may be only the representative, a third party or common representative and represented, or representative and a third, or to represented and third; c) for the revocation made by the represented party; however, a power can be irrevocably conferred, provided it is for acts especially determined, limited for a certain period, and due to a legitimate interest that may be only the representative, or a third party, or common to representative and represented, or to representative and a third party, or to represented and third party; it is extinguished once the term has expired and can be revoked if just cause is given; d) by the resignation of the representative, but he must continue in office until he notifies the representative, who can act for him or replace him, except that prove an impediment that configures just cause; e) by the declaration of presumed death of the representative or the represented; f) by the declaration of absence of the representative; g) by the bankruptcy of the representative or represented; h) for the loss of the capacity demanded in the representative or in the represented. ARTICLE 381.- Opposition to third parties. Modifications, waivers and revocation of powers must be brought to the attention of third parties by means ideal. Failing that, they are not opposable to third parties, unless it is proven that they knew of the modifications or revocation at the time of holding the act. legal. The other causes of extinction of power are not opposable to third parties who have ignored them without their fault. CHAPTER 9 Ineffectiveness of legal acts SECTION 1 General disposition ARTICLE 382.- Categories of ineffectiveness. Legal acts may be ineffective due to their invalidity or their non-enforceability with respect to certain people. ARTICLE 383.- Articulation. The nullity can be argued by way of action or opposed as an exception. In all cases it must be substantiated. ARTICLE 384.- Conversion. The null act can become another valid one whose essential requirements it satisfies, if the practical aim pursued by the parties allows Suppose they would have wanted it if they had provided for the nullity. ARTICLE 385.- Indirect act. A legal act concluded to obtain a result that is proper to the effects of another act, is valid if it is not granted to avoid a prohibited by law or to harm a third party. SECTION 2 Absolute and relative nullity ARTICLE 386.- Criterion of distinction. Acts that contravene public order, morality or good customs are null and void. They are of relative nullity the acts to which the law imposes this sanction only in protection of the interest of certain people. ARTICLE 387.- Absolute nullity. Consequences. Absolute nullity can be declared by the judge, even without a request from the party, if it is manifest at the time of issuing judgment. It can be alleged by the Public Ministry and by any interested party, except for the part that invokes the own awkwardness to achieve a profit. It cannot be sanitized by confirmation of the act or by prescription. ARTICLE 388.- Relative nullity. Consequences. Relative nullity can only be declared at the request of the persons for whose benefit it is established. Exceptionally the other party may invoke it, if it is in good faith and has suffered material injury. It can be remedied by the confirmation of the act and by the prescription of the action. The a party that acted in the absence of exercise capacity for the act, cannot claim it if it acted with intent. SECTION 3 Total and partial invalidity ARTICLE 389.- Principle. Integration. Total nullity is the one that extends to the entire act. Partial nullity is one that affects one or more of its provisions. The invalidity of one provision does not affect the other valid provisions, if they are separable. If they are not separable because the act cannot subsist without fulfilling its purpose, declares the total nullity. In the partial nullity, if necessary, the judge must integrate the act according to its nature and the interests that can reasonably be considered pursued by the parties. SECTION 4 Effects of nullity ARTICLE 390.- Restitution. The nullity pronounced by the judges returns things to the same state in which they were before the act declared null and obliges the parties to give each other back what they have received. These refunds are governed by the provisions relating to good or bad faith as the case may be, in accordance with the provisions of the norms of Chapter 3 of Title II of the Fourth Book. ARTICLE 391.- Simple facts. Void legal acts, even if they do not produce the effects of valid acts, give rise, where appropriate, to the consequences of the acts in general and the corresponding repairs. ARTICLE 392.- Effects regarding third parties in registrable things. All real or personal rights transmitted to third parties over a registrable property or furniture, by a person who has become an acquirer by virtue of a void act, remain without any value, and can be claimed directly from the third party, except against the Deputy buyer of real or personal rights in good faith and for consideration. The sub-purchasers cannot rely on their good faith and onerous title if the act has been carried out without the intervention of the right holder. SECTION 5 Confirmation ARTICLE 393.- Requirements. There is confirmation when the party that can articulate the relative nullity manifests expressly or tacitly its will to consider the act to be valid, after the cause of nullity has disappeared. The act of confirmation does not require the agreement of the other party. ARTICLE 394.- Form. If the confirmation is express, the instrument in which it is recorded must gather the forms required for the act to be sanitized and contain the mention it specifies the cause of the nullity, its disappearance and the will to confirm the act. The tacit confirmation is the total or partial fulfillment of the null act carried out with knowledge of the cause of nullity or another act from which the will is derived unequivocal to clean up the vice of the act. ARTICLE 395.- Retroactive effect. The con fi rmation of the originally null and void act has retroactive effect to the date on which it was held. The con fi rmation of Last will provisions operate from the death of the deceased. The retroactivity of the confirmation does not prejudice the rights of bona fide third parties. SECTION 6 Unenforceability ARTICLE 396.- Effects of the unenforceable act against third parties. The unenforceable act has no effect with respect to third parties, except in cases provided by law. ARTICLE 397.- Opportunity to invoke it. The non-enforceability can be asserted at any time, without prejudice to the right of the other party to oppose the prescription or expiration. TITLE V Transfer of rights ARTICLE 398.- Transmissibility. All rights are transferable except as stipulated by the parties or that it results from a legal prohibition or that it amounts transgression of good faith, morality or good customs. ARTICLE 399.- General rule. No one may transmit to another a better or more extensive right than the one they have, without prejudice to the legally established exceptions. ARTICLE 400.- Successors. Universal successor is the one that receives all or an undivided part of the patrimony of another; singular successor the one that receives a particular right. SECOND BOOK FAMILY RELATIONS TITLE I Marriage CHAPTER 1 Principles of freedom and equality ARTICLE 401.- Sponsors. This Code does not recognize future spouses. There is no action to demand the fulfillment of the promise of marriage or to claim the damages caused by the break, without prejudice to the application of the rules of enrichment without cause, or the restitution of donations, if appropriate. ARTICLE 402.- Interpretation and application of the rules. No norm can be interpreted or applied in the sense of limiting, restricting, excluding or suppressing equality. of rights and obligations of the members of the marriage, and the effects that this produces, is constituted by two people of different or equal sex. EPISODE 2 Marriage requirements ARTICLE 403.- Marital impediments. The following are impediments to getting married: a) kinship in a straight line in all degrees, whatever the origin of the link; b) the relationship between bilateral and unilateral siblings, whatever the origin of the link; c) affinity in a straight line in all degrees; d) the previous marriage, while it subsists; e) have been convicted as the author, accomplice or instigator of the intentional homicide of one of the spouses; f) be under eighteen years of age; g) the permanent or transitory lack of mental health that prevents him from having discernment for the marital act. ARTICLE 404.- Lack of marriage age. Judicial dispensation. In the event of subsection f) of article 403, the minor who has not reached the age of 16 can get married after a judicial waiver. A minor who has attained the age of 16 can marry with the authorization of their legal representatives. Missing of this one, it can do it previous judicial dispensation. The judge must have a personal interview with the future spouses and with their legal representatives. The judicial decision must take into account the age and degree of maturity reached by the person, especially referring to the understanding of the legal consequences of marital act; You must also evaluate the opinion of the representatives, if they have expressed it. The waiver for the marriage between the guardian or his descendants with the person under his guardianship can only be granted if, in addition to the precautions provided in the paragraph above, the administration accounts have been approved. If the marriage is celebrated in the same way, the guardian loses the corresponding allocation on the income of the pupil in accordance with the provisions of article 129 paragraph d). ARTICLE 405.- Lack of mental health and judicial dispensation. In the event of subsection g) of article 403, a marriage can be contracted after a judicial waiver. The judicial decision requires the prior opinion of the interdisciplinary team on the understanding of the legal consequences of the marital act and the fitness for life of relationship by the affected person. The judge must have a personal interview with the future spouses; You can also do it with his or her supports, legal representatives and caregivers, if you consider relevant. ARTICLE 406.- Marriage existence requirements. For the existence of marriage, the consent of both parties is essential, expressed personally and jointly before the competent authority to celebrate it, except as provided in this Code for distance marriage. The act that lacks this requirement does not produce civil effects. ARTICLE 407.- Incompetence of the authority that celebrates the act. The existence of the marriage is not affected by the incompetence or lack of the legitimate appointment of the authority to celebrate it, provided that at least one of the spouses had proceeded in good faith, and that they exercised their functions publicly. ARTICLE 408.- Pure and simple consent. Marriage consent cannot be submitted to any modality. Any term, condition or charge is held for not expressed, without affecting the validity of the marriage. ARTICLE 409.- Vices of consent. The following are defects of consent: a) violence, fraud and error about the person of the other spouse; b) the error regarding the personal qualities of the other spouse, if it is proved that the person who suffered it would not have consented to the marriage if they had known that state of things and reasonably appreciated the union that contracted. The judge must assess the essential nature of the error considering the personal circumstances of the person alleging it. CHAPTER 3 Opposition to the celebration of marriage ARTICLE 410.- Opposition to the celebration of marriage. Only impediments established by law can be alleged as grounds for opposition. The opposition that is not based on the existence of any of these impediments must be rejected without further process. ARTICLE 411.- Legitimized for the opposition. The right to deduct opposition to the celebration of marriage due to impediments is: a) to the spouse of the person who wants to contract another marriage; b) to the ancestors, descendants and brothers of any of the future spouses, whatever the origin of the bond; c) to the Public Ministry, which must deduct opposition when it becomes aware of these impediments, especially, by the complaint of any person made of in accordance with the provisions of the following article. ARTICLE 412.- Complaint of impediments. Any person can report the existence of any of the impediments established in article 403 from the beginning of the preliminary proceedings and until the celebration of the marriage before the Public Ministry, so that it can deduce the corresponding opposition, if it considers it appropriate, with the formalities and procedure provided for in articles 413 and 414. ARTICLE 413.- Form and requirements of the opposition. The opposition is presented to the public official of the Registry who is to celebrate the marriage verbally or in writing with expression of: a) name and surname, age, family status, profession and domicile of the opponent; b) bond that unites the opponent with any of the future spouses; c) impediment on which the opposition is based; d) documentation proving the existence of the impediment and its references, if any; if you don't have it, where you are, and any other useful information. When the opposition is deduced verbally, the public officer must draw up a detailed record, which he signs with the opponent or with whom he signs at his request, if he does not know or cannot sign. When deduced in writing, it must be transcribed in the minutes book with the same formalities. ARTICLE 414.- Procedure of the opposition. Deducted the opposition, the public officer makes it known to the parties. If either or both of them admit the existence of legal impediment, the public officer records it in the minutes and does not celebrate the marriage. If the parties do not recognize it, they must express it to the public officer within the three days following the notification; The latter draws up an act, sends the competent judge an authorized copy of everything that has been done with the documents presented, and suspends the celebration of marriage. The competent judge must substantiate and decide the opposition by the shortest procedure provided by local law. Once the opposition is received, he gives a three-day visit to the Ministry Public. Once the matter is resolved, the judge sends a copy of the sentence to the public official. ARTICLE 415.- Compliance with the judgment. Received the testimony of the final sentence that rejects the opposition, the public official proceeds to celebrate the marriage. If the sentence declares the existence of the impediment, the marriage cannot be celebrated. In both cases, the public official must write down the operative part of the sentence in the margin of the respective act. CHAPTER 4 Marriage celebration SECTION 1 Ordinary mode of celebration ARTICLE 416.- Initial request. Those who intend to marry must present to the public officer in charge of the Registry of Civil Status and Capacity of the Persons corresponding to the domicile of any of them, an application that must contain: a) names and surnames, and identity document number, if they have it; b) age; c) nationality, domicile and place of birth; d) profession; e) names and surnames of the parents, nationality, numbers of identity documents if known, profession and address; f) statement on whether they have previously married. If so, the name and surname of the previous spouse, place of celebration of the marriage and cause of its dissolution, accompanying death certificate or duly legalized copy of the final judgment that would have annulled or dissolved the previous marriage, or declared the presumed death of the previous spouse, as the case may be. If the contracting parties or any of them does not know how to write, the public official must draw up a document containing the same statements. ARTICLE 417.- Suspension of the celebration. If the ability of the contracting parties is not proven from the previous measures, or opposition is deduced, the public officer must suspend the celebration of the marriage until the ability is proven or the opposition is rejected, making it known in the minutes, of which he must give a certified copy to the interested, if they ask for it. ARTICLE 418.- Celebration of marriage. The marriage must be celebrated publicly, with the appearance of the future spouses, before the public official in charge of the Registry of Civil Status and Capacity of Persons corresponding to the domicile of any of them. If it is held in the office that corresponds to that public officer, the presence of two witnesses and the other formalities provided by law are required. The number of witnesses is it raises to four if the marriage is celebrated outside that office. In the act of celebrating the marriage, the public officer reads article 431, receives from each of the parties the declaration that they want respectively to become spouses, and pronounce that they are united in marriage in the name of the law. The person who suffers from limitations in their ability to communicate orally must express their will in writing or in any other unequivocal manner. ARTICLE 419.- Language. If one or both parties ignore the national language, they must be assisted by a registered public translator and, if there is not, by an interpreter of recognized suitability, leaving due proof in the registration. ARTICLE 420.- Marriage certificate and copy. The celebration of marriage is recorded in an act that must contain: a) date of the act; b) name and surname, age, identity document number if they have it, marital status, nationality, profession, domicile and place of birth of those appearing; c) name and surname, identity document number, nationality, profession, and address of their respective parents, if known; d) venue; e) dispensation of the judge when appropriate; f) mention of whether there was opposition and of its rejection; g) declaration of the contracting parties that they are taken as spouses, and of the public official that they are united in marriage in the name of the law; h) name and surname, age, identity document number if they have it, family status, profession and address of the witnesses of the act; i) declaration of the contracting parties of whether or not a marriage convention has been celebrated and, if so, its date and the notarial registration in which it was granted; j) declaration of the contracting parties, if the separation of property regime has been chosen; k) documentation in which the consent of the absent spouse is stated, if the marriage is celebrated remotely. The minutes must be drafted and signed immediately by all those who intervene in the act, or by others at their request, if they cannot or do not know how to do so. The public officer must give the spouses, free of charge, a copy of the marriage certificate and the family book issued by the Registry of Civil Status and Capacity of people. SECTION 2 Extraordinary form of celebration ARTICLE 421.- Marriage in article of death. The public officer may celebrate marriage regardless of all or any of the formalities provided in the Section 1, when it is justified that any of the contracting parties is in danger of death, with the certi fi cate of a doctor and, where there is none, with the declaration of two people. If the public officer in charge of the Registry of Civil Status and Capacity of Persons cannot be found, the marriage in article of death can be celebrated before any judge or judicial official, who must draw up the minutes of the celebration, stating the circumstances mentioned in article 420 with the exception of subsection f) and send it to the public official for protocol. ARTICLE 422.- Marriage at a distance. Distant marriage is one in which the absent spouse expresses his consent personally, in the place where finds, before the competent authority to celebrate marriages, as provided in this Code in the rules of private international law. CHAPTER 5 Proof of marriage ARTICLE 423.- General rule. Exceptions. State ownership. The marriage is proved with the act of its celebration, its testimony, copy or certi fi cate, or with the family issued by the Registry of Civil Status and Capacity of Persons. When there is an impossibility to present them, the celebration of the marriage can be proved by other means, justifying this impossibility. Possession of state, by itself, is not sufficient proof to establish married status or to claim the civil effects of marriage. If there is a marriage certificate and possession of state, the non-observance of the formalities prescribed in the act of celebration cannot be alleged against the existence of the marriage. CHAPTER 6 Annulment of marriage ARTICLE 424.- Absolute nullity. Legitimized. The marriage celebrated with any of the impediments established in paragraphs a), b), c), d) and e) is absolutely null. of article 403. The nullity can be sued by any of the spouses and by those who could oppose the celebration of the marriage. ARTICLE 425.- Relative nullity. Legitimized. It is of relative nullity: a) the marriage celebrated with the impediment established in subsection f) of article 403; the nullity can be sued by the spouse who suffers the disability and by the that on their behalf they could have opposed the celebration of marriage. In the latter case, the judge must hear the adolescent, and taking into account his age and grade of maturity gives place or not to the request for nullity. If it is rejected, the marriage has the same effects as if it had been celebrated with the corresponding dispensation. The petition for annulment is inadmissible after the spouse or spouses have reached the legal age. b) the marriage celebrated with the impediment established in subsection g) of article 403. The nullity can be sued by any of the spouses if they did not know the impediment. Nullity cannot be requested if the spouse who suffers from the disability has continued cohabitation after having recovered health; and in the case of the spouse healthy, after having known the disability. The deadline to file the claim is one year, which is computed, for the person with the disability, since he regained mental health, and for the healthy spouse since knew the impediment. The nullity can also be sued by the relatives of the person who suffers from the disability and who could have opposed the celebration of the marriage. The term to file the claim is three months from the celebration of the marriage. In this case, the judge must hear the spouses, and assess the situation of the affected party at the end to verify if you understand the act you have held and what you want to do about it. c) the marriage celebrated with any of the defects of consent referred to in article 409. The nullity can only be sued by the spouse who has suffered the vice of error, intent or violence. The nullity cannot be requested if the cohabitation has been continued for more than thirty days after having known the error or having violence ceased. The term to file the lawsuit is one year from when the cohabitation ceases. ARTICLE 426.- Marriage annulment and third parties. The nullity of the marriage and the good or bad faith of the spouses does not prejudice the rights acquired by third parties who they have contracted in good faith with the spouses. ARTICLE 427.- Good faith in the celebration of the marriage. Good faith consists of excusable and contemporary ignorance or error of fact to the celebration of the marriage on the impediment or the circumstance that causes the nullity, or on having contracted it under the violence of the other spouse or a third party. ARTICLE 428.- Effects of the good faith of both spouses. If the annulled marriage has been contracted in good faith by both spouses, it produces all the effects of the marriage valid until the day in which its nullity is declared. The final judgment dissolves the supplementary conventional or legal matrimonial regime. If the nullity produces an economic imbalance of one of them in relation to the position of the other, articles 441 and 442 apply; the term is computed from the sentence that declares the nullity. ARTICLE 429.- Effects of the good faith of one of the spouses. If only one spouse is in good faith, the marriage produces all the effects of the valid marriage, but only with respect to the spouse in good faith and until the day of the sentence that declares the nullity. The nullity gives the spouse in good faith the right to: a) request financial compensation, to the extent mentioned in Articles 441 and 442; the term is computed from the sentence that declares the nullity; b) revoke the donations made to the spouse in bad faith; c) to sue the spouse in bad faith and the third parties that caused the error, incurred intent, or exerted violence for compensation for damages. If the spouses had been subject to the community regime, the one in good faith may choose: i) considering that the marriage has been governed by the property separation regime; ii) for liquidating the assets by applying the rules of the community system; iii) for demanding the demonstration of the contributions of each spouse in order to divide the assets in proportion to them as if it were an unincorporated company regularly. ARTICLE 430.- Effects of bad faith of both spouses. The annulled marriage contracted in bad faith by both spouses has no effect. The marriage conventions are without effect, without prejudice to the rights of third parties. The assets acquired until the nullity are distributed, if the contributions are credited, as if it were a company not regularly constituted. CHAPTER 7 Rights and duties of the spouses ARTICLE 431.- Assistance. Spouses commit to developing a common life project based on cooperation, coexistence and the moral duty of fidelity. Mutual assistance must be provided. ARTICLE 432.- Food. The spouses owe food to each other during the life together and the de facto separation. After the divorce, the benefit food is only due in the cases provided for in this Code, or by convention of the parties. This obligation is governed by the rules regarding maintenance between relatives as far as they are compatible. ARTICLE 433.- Guidelines for the fixation of food. During common life and de facto separation, food must be taken into account for the quantification of food. Consideration, among others, the following guidelines: a) work within the home, dedication to the upbringing and education of children and their ages; b) the age and health status of both spouses; c) job training and the possibility of accessing a job for those requesting food; d) the collaboration of a spouse in the commercial, industrial or professional activities of the other spouse; e) the judicial or factual attribution of the family home; f) the community character, own or of a third party of the real estate headquarters of that dwelling. In case of being leased, if the rent is paid by one of the spouses or another person; g) if the spouses live together, the time of the marital union; h) if the spouses are in fact separated, the time of the marital union and the separation; i) the patrimonial situation of both spouses during the coexistence and during the de facto separation. Alimony ceases if the cause that motivated it disappears, the spouse who is fed initiates a cohabitation union, or incurs one of the causes of indignity. ARTICLE 434.- Alimony after divorce. Alimony benefits can be set even after divorce: a) in favor of someone who suffers from a serious pre-existing divorce disease that prevents him / her from supporting themselves. If the supporter dies, the obligation is passed on to his heirs; b) in favor of those who do not have sufficient own resources or a reasonable possibility of obtaining them. Clauses b), c) and e) of article 433 are taken into account. it can have a duration greater than the number of years that the marriage lasted and does not proceed in favor of the one who receives the financial compensation of article 441. In the two cases provided for in this article, the obligation ceases if: the cause that motivated it disappears, or if the beneficiary marries or lives in union coexistence, or when the fed incurs any of the causes of unworthiness. If the divorce settlement agreement refers to alimony, the agreed guidelines apply. CHAPTER 8 Dissolution of marriage SECTION 1 Causal ARTICLE 435.- Causes of dissolution of marriage. The marriage is dissolved by: a) death of one of the spouses; b) final sentence of absence with presumption of death; c) judicially declared divorce. SECTION 2 Divorce process ARTICLE 436.- Nullity of the resignation. The resignation of either spouse to the power to request a divorce is void; the covenant or clause that restricts the power of Requesting it is in writing. ARTICLE 437.- Divorce. Legitimation. Divorce is judicially decreed at the request of both or only one of the spouses. ARTICLE 438.- Requirements and procedure of divorce. Every petition for divorce must be accompanied by a proposal that regulates the effects derived from it; the Omission of the proposal prevents the petition from being processed. If the divorce is petitioned by one of the spouses, the other can offer a different regulatory proposal. When formulating proposals, the parties must accompany the elements on which they are based; the judge may order, of fi ce or at the request of the parties, that incorporate others that are deemed relevant. Proposals must be evaluated by the judge, and the spouses must be called to a hearing. In no case does disagreement in the agreement suspend the issuance of the divorce decree. If there is disagreement about the effects of the divorce, or if the regulatory agreement manifestly damages the interests of the members of the family group, the issues Pending must be resolved by the judge in accordance with the procedure provided in local law. SECTION 3 Effects of divorce ARTICLE 439.- Regulatory agreement. Content. The regulatory agreement must contain the issues related to the attribution of housing, the distribution of assets, and the possible financial compensation between the spouses; the exercise of parental responsibility, especially food provision; everything as long as the factual budgets contemplated in this Section, in accordance with the provisions of this Title and Title VII of this Book. The provisions of the preceding paragraph do not prevents other matters of interest from the spouses from being proposed. ARTICLE 440.- Efficacy and modi fi cation of the regulatory agreement. The judge may require the obligor to grant real or personal guarantees as a requirement for approval of the agreement. The approved agreement or the judicial decision can be reviewed if the situation has been substantially modified. ARTICLE 441.- Economic compensation. The spouse to whom the divorce produces a manifest imbalance that means a worsening of their situation and that has for an adequate cause the marriage bond and its breakage, you have the right to compensation. This may consist of a single benefit, an income for a specific time or, exceptionally, for an indefinite period. It can be paid with money, with the usufruct of certain assets or in any other way that the parties agree or decide Judge. ARTICLE 442.- Judicial fixation of the economic compensation. Expiration. In the absence of agreement of the spouses in the regulatory agreement, the judge must determine the origin and amount of financial compensation based on various circumstances, among others: a) the patrimonial status of each of the spouses at the beginning and at the end of the married life; b) the dedication that each spouse gave to the family and to the upbringing and education of the children during the coexistence and the one that must be paid after the divorce; c) the age and health status of spouses and children; d) job training and the possibility of accessing a job at the. spouse applying for financial compensation; e) the collaboration provided to the commercial, industrial or professional activities of the other spouse; f) the attribution of the family home, and if it falls on a community property, its own property, or a leased property. In the latter case, who pays the rental fee. The action to claim financial compensation expires six months after the divorce decree is issued. ARTICLE 443.- Attribution of the use of the dwelling. Guidelines. One of the spouses can request the allocation of the family home, whether it is the property of any of the spouses or community. The judge determines the provenance, the term, and the effects of the law based on the following guidelines, among others: a) the person to whom the care of the children is attributed; b) the person who is in the most disadvantaged economic situation to provide a home by their own means; c) the health and age of the spouses; d) the interests of other people that make up the family group. ARTICLE 444.- Effects of the attribution of the use of the family home. At the request of an interested party, the judge can establish: a compensatory income for the use of the property in favor of the spouse to whom the home is not attributed; that the property is not alienated without the express agreement of both; that the property owned or owned in spouses' condominium is neither split nor liquidated. The decision takes effect against third parties from its registration. If it is a rented property, the non-tenant spouse has the right to continue in the lease until the expiration of the contract, maintaining the obligation to pay and the guarantees that were originally established in the contract. ARTICLE 445.- Termination. The right of attribution for the use of the family home ceases: a) due to the deadline set by the judge; b) due to changes in the circumstances that were taken into account for its fixation; c) for the same causes of indignity foreseen in succession matters. TITLE II Patrimonial regime of marriage CHAPTER 1 General disposition SECTION 1 Marriage conventions ARTICLE 446.- Object. Before the marriage is celebrated, the future spouses can make conventions that only have the following objects: a) the designation and appraisal of the assets that each one brings to the marriage; b) the enunciation of the debts; c) donations made between them; d) the option they make for any of the property regimes provided for in this Code. ARTICLE 447.- Nullity of other agreements. Any agreement between the future spouses on any other object related to their estate is of no value. ARTICLE 448.- Form. Marriage conventions must be made by public deed before the celebration of marriage, and only produce effects from that celebration and as long as the marriage is not annulled. They can be modified before marriage, through an act also granted by public deed. So that the option of article 446 subsection d), produce effects with respect to third parties, should be marginally noted in the marriage certificate. ARTICLE 449.- Modification of the regime. After the celebration of the marriage, the patrimonial regime can be modified by convention of the spouses. This Convention can be granted after a year of application of the patrimonial regime, conventional or legal, by public deed. For the regime change produce effects with respect to third parties, should be marginally noted in the marriage certificate. The creditors prior to the change of regime who suffer damages for such reason may have them declared unenforceable within a period of one year from they met. ARTICLE 450.- Minors. Minors legally authorized to marry may not make donations at the convention or exercise the option provided for in article 446 subsection d). SECTION 2 Donations for marriage ARTICLE 451.- Applicable rules. Donations made at marriage conventions are governed by the provisions regarding the gift contract. Only have effect if the marriage is celebrated. ARTICLE 452.- Implicit condition. Donations made by third parties to one of the couple, or both, or by one of the couple to the other, in consideration of the marriage future, implicitly carry the condition that a valid marriage is celebrated. ARTICLE 453.- Donation offer. The offer of donation made by third parties to one of the couple, or to both, is void if the marriage is not contracted within the term of one year. It is presumed accepted since the marriage is celebrated, if it has not been revoked before. SECTION 3 Provisions common to all regimes ARTICLE 454.- Application. Non-derogability. The provisions of this Section apply, regardless of the matrimonial regime, and except as otherwise provided in the norms referring to a specific regime. They are non-derogable by convention of the spouses, before or after the marriage, unless expressly provided otherwise. ARTICLE 455.- Duty to contribute. The spouses must contribute to their own support, that of the home and that of the common children, in proportion to their resources. This obligation extends to the needs of minor children, with restricted capacity, or with disability of one of the spouses who live with them. The spouse who does not comply with this obligation can be sued by the other to do so, considering that work at home is computable as contribution to charges. ARTICLE 456.- Acts that require assent. Neither spouse can, without the consent of the other, have the rights to the family home, nor the indispensable furniture of it, or transport it outside it. He who has not given his assent can demand the nullity of the act or the restitution of the furniture within the expiration period of six months of having known it, but not beyond six months of the termination of the matrimonial regime. The family home cannot be executed for debts contracted after the celebration of the marriage, unless they have been executed by both spouses jointly or by one of them with the assent of the other. ARTICLE 457.- Requirements of the assent. In all cases in which the consent of the spouse is required for the granting of a legal act, the former must be about the act itself and its constituent elements. ARTICLE 458.- Judicial authorization. One of the spouses can be judicially authorized to grant an act that requires the consent of the other, if the latter is absent, it is incapable person, is temporarily prevented from expressing his will, or if his refusal is not justified by the interest of the family. The act granted with authorization Judicial is enforceable against the spouse without whose consent it was granted, but from him no personal obligation derives from his position. ARTICLE 459.- Mandate between spouses. One of the spouses can give power to the other to represent them in the exercise of the powers that the matrimonial regime it attributes, but not to give itself the assent in the cases in which article 456 applies. The power to revoke power cannot be subject to limitations. Except as otherwise agreed, the agent is not required to account for the fruits and income received. ARTICLE 460.- Absence or impediment. If one of the spouses is temporarily absent or prevented from expressing their will, the other spouse may be judicially authorized to represent him, either in general or for certain acts in particular, in the exercise of the powers resulting from the matrimonial regime, to the extent set by the judge. In the absence of an express mandate or judicial authorization, the norms of the tacit mandate or the management of business, as the case may be. ARTICLE 461.- Joint and several liability. The spouses are jointly and severally liable for the obligations contracted by one of them to meet ordinary needs of the home or the support and education of children in accordance with the provisions of article 455. Outside of these cases, and unless otherwise provided by the matrimonial property regime, neither spouse is liable for the other's obligations. ARTICLE 462.- Non-registrable furniture. The acts of administration and disposition for consideration of non-recordable personal property whose possession it exercises individually one of the spouses, entered into by him with third parties in good faith, are valid, except in the case of essential household furniture or objects intended for the personal use of the other spouse or the exercise of their work or profession. In such cases, the other spouse can claim the nullity within the expiration period of six months after knowing the act and no later than six months after the termination of the marriage regime. EPISODE 2 Community scheme SECTION 1 General disposition ARTICLE 463.- Supplementary character. In the absence of an option made in the marriage convention, the spouses are subject from the marriage to the regime of earnings community regulated in this Chapter. It cannot be stipulated that the community start before or after, except in the case of regime change marriage provided for in article 449. SECTION 2 Spouses' assets ARTICLE 464.- Own assets. The property of each of the spouses is: a) the assets of which the spouses have the property, another real right or the possession at the time of the initiation of the community; b) those acquired during the community by inheritance, legacy or donation, even if jointly by both, and except the reward due to the community for the charges supported by it. Those received jointly by inheritance, bequest or donation are considered to be their own by halves, unless the testator or the donor has designated certain parties. The goods received by remunerative donations are not their own, except that the services that gave rise to them had been provided before the initiation of the community. In the event that the value of the donation exceeds an equitable remuneration for the services received, the community must reward the donor for the excess; c) those acquired by exchanging with other property, through the investment of own money, or the reinvestment of the proceeds from the sale of own property, without prejudice to the reward due to the community if there is a balance supported by the community. However, if the balance is greater than the value of the own contribution, the new asset is profit, without prejudice to the reward due to the owning spouse; d) the credits or indemnities that subrogate in the patrimony of one of the spouses to another own property; e) the products of own goods, with the exception of those of quarries and mines; f) the young of their own livestock that replace on the campus animals that are missing for any reason. However, if the quality of the original livestock has been improved, the offspring are community and the community owes the owner spouse a reward for the value of the own livestock contributed; g) those acquired during the community, even if for consideration, if the right to incorporate them into the heritage already existed at the time of its initiation; h) those acquired by virtue of an act prior to the defective community of relative nullity, confirmed during it; i) the original ones that return to the spouse's estate by nullity, resolution, rescission or revocation of a legal act; j) those incorporated by accession to their own things, without prejudice to the reward due to the community for the value of improvements or acquisitions made with money from she; k) the undivided parts acquired by any title by the spouse who already owned an undivided part of a property at the beginning of the community, or who acquired it during the latter as its own, as well as new securities and other increases in its own securities, without prejudice to the reward due to the community in case if its assets have been invested for the acquisition; l) full ownership of assets whose bare ownership was acquired before the beginning of the community, if the usufruct is extinguished during it, as well as that of the assets taxed with other real rights that are extinguished during the community, without prejudice to the right to reward if to extinguish the usufruct or the other real rights they use community property; m) the clothes and objects for the personal use of one of the spouses, without prejudice to the reward due to the community if they are of great value and were acquired with goods of this; and those necessary for the exercise of their work or profession, without prejudice to the reward due to the community if they were acquired with community property; n) compensation for non-patrimonial consequences and for physical damage caused to the person of the spouse, except that of loss of earnings corresponding to income that they would have been community; ñ) the right to retirement or pension, and the right to maintenance, without prejudice to the profit character of the fees accrued during the community and, in general, all inherent rights of the person; o) intellectual, artistic or industrial property, if the intellectual work has been published or performed for the first time, the artistic work has been completed, or the invention, brand or The industrial design have been patented or registered before the beginning of the community. The moral right over the intellectual work is always personal to the author. ARTICLE 465.- Community property. They are community property: a) those created, acquired by onerous title or begun to be owned during the community by one or the other of the spouses, or by both together, provided they are not included in the enunciation of article 464; b) those acquired during the community by chance, such as lottery, gambling, betting, or treasure finding; c) the natural, industrial or civil fruits of own and community property, accrued during the community; d) the civil fruits of the profession, work, commerce or industry of one or the other spouse, accrued during the community; e) the accrued during the community as a consequence of the right of usufruct of its own character; f) assets acquired after the extinction of the community by swapping with another community property, by investing community money, or reinvesting the product of the sale of community property, without prejudice to the reward due to the spouse if there is a balance supported by their own assets. However, if the balance is greater than the value of the community contribution, the new asset is its own, without prejudice to the reward due to the community; g) the credits or indemnities that subrogate to another community property; h) the products of community property, and those of its own quarries and mines, extracted during the community; i) the offspring of the cattle that replace the animals that are missing for any reason on the campus and the offspring of the own livestock that exceed the campus original; j) those acquired after the extinction of the community, if the right to incorporate them into the patrimony had been acquired onerously during it; k) those acquired by onerous title during the community by virtue of a flawed act of relative nullity, confirmed after its dissolution; l) originally property that returns to the property of the spouse for annulment, resolution, termination or revocation of a legal act; m) those incorporated by accession to community property, without prejudice to the reward due to the spouse for the value of improvements or acquisitions made with their property own; n) the undivided parts acquired by any title by the spouse who was already the owner of an undivided part of a community character of a property upon the extinction of the community, without prejudice to the reward due to the spouse in case his own assets have been invested for the acquisition; ñ) full ownership of assets whose bare ownership was acquired for consideration during the community, if the usufruct is consolidated after its termination, as well as that of the property taxed with real rights that are extinguished after that, without prejudice to the right to reward if to terminate the usufruct or other real rights they use their own assets. The indemnities received for the death of the other spouse, including those arising from an insurance contract, are not won, without prejudice, in this case, to the reward due to the community for premiums paid with community money. ARTICLE 466.- Proof of own or community character. Unless proven otherwise, it is presumed that all the assets existing at the time of termination are community property. of the community. Regarding third parties, the confession of the spouses is not enough proof of the proper character. In order for the proprietary nature of the registrable assets acquired during the community by investment or reinvestment of own assets to be enforceable against third parties, it is necessary that in the act of acquisition that circumstance is stated, determining its origin, with the agreement of the other spouse. In case it cannot be obtained, or denied The latter, the acquirer, may require a judicial declaration of the proper nature of the property, from which a marginal note must be taken in the instrument from which the title of acquisition. The acquirer can also request this judicial declaration in case the proof was omitted in the act of acquisition. SECTION 3 Spouses debts ARTICLE 467.- Responsibility. Each of the spouses responds to their creditors with all their own property and the property acquired by it. The spouse who did not contract the debt, but only with his community property, also responds for the expenses of conservation and repair of the community property. ARTICLE 468.- Reward. The spouse whose personal debt was settled with community funds owes a reward to the community; and it must reward the spouse who settled community debts with his own funds. SECTION 4 Community asset management ARTICLE 469.- Own assets. Each of the spouses has the free administration and disposal of their own property, except as provided in article 456. ARTICLE 470.- Community property. The administration and disposal of community property corresponds to the spouse who has acquired it. However, the consent of the other is necessary to alienate or tax: a) recordable assets; b) registered non-endorsable and non-registered shares, with the exception of those authorized for public offering, without prejudice to the application of article 1824. c) participations in companies not excepted in the preceding paragraph; d) commercial, industrial or agricultural establishments. The promises of the acts included in the preceding paragraphs also require assent. The rules of articles 456 to 459 apply to the assent and its omission. ARTICLE 471.- Assets acquired jointly. The administration and disposal of the assets acquired jointly by the spouses corresponds jointly to both, whatever the importance of the part corresponding to each. In case of disagreement between them, the one who takes the initiative of the act may require it judicially authorize under the terms of article 458. The two preceding articles apply to the undivided parts of said assets. Condo rules apply to things in everything not provided for in this article. If either of the spouses requests the division of a condominium, the judge of the case You can deny it if it affects the family interest. ARTICLE 472.- Absence of proof. The two spouses are said to belong to undivided halves of the property in respect of which neither of them can justify the exclusive property. ARTICLE 473.- Fraud. The acts granted by one of them within the limits of their faculties but with the purpose of defrauding them are unenforceable to the other spouse. ARTICLE 474.- Administration without express mandate. If one of the spouses administers the property of the other without express mandate, the rules of the mandate or the business management, as the case may be. SECTION 5 Community extinction ARTICLE 475.- Causes. The community is extinguished by: a) the proven or presumed death of one of the spouses; b) the annulment of the putative marriage; c) divorce; d) judicial separation of property; e) the modification of the agreed marriage regime. ARTICLE 476.- Real and presumed death. The community is extinguished by the death of one of the spouses. In the presumption of death case, the effects of extinction go back to the presumptive day of death. ARTICLE 477.- Judicial separation of assets. The judicial separation of property can be requested by one of the spouses: a) if the mismanagement of the other entails the danger of losing his eventual right over the community property; b) if the preventive bankruptcy or bankruptcy of the other spouse is declared; c) if the spouses are in fact separated without the will to join; d) if due to the incapacity or excuse of one of the spouses, a third party is appointed conservator of the other. ARTICLE 478.- Exclusion of subrogation. The action of separation of assets cannot be promoted by the spouse's creditors by way of subrogation. ARTICLE 479.- Precautionary measures. In the action of judicial separation of assets, the measures provided for in article 483 can be requested. ARTICLE 480.- Time of extinction. The annulment of marriage, divorce or the separation of property produce the extinction of the community with retroactive effect to the day of notification of the claim or of the joint petition of the spouses. If the de facto separation without the will to join preceded the annulment of the marriage or divorce, the sentence takes effect retroactive to the day of that separation. The judge can modify the extension of the retroactive effect based on the existence of fraud or abuse of the right. In all cases, the rights of bona fide third parties that are not free purchasers are safe. In the case of judicial separation of property, the spouses are subject to the regime established in articles 505, 506, 507 and 508. SECTION 6 Post-community indivision ARTICLE 481.- Applicable rules. Once the regime is terminated due to the death of one of the spouses, or the death has occurred, while the post-community indivision remains, The rules of hereditary indivision apply. If both spouses are terminated in life, the indivision is governed by the following articles of this Section. ARTICLE 482.- Administration rules. If during the post-community indivision the ex-spouses do not agree to the rules of administration and disposition of the assets undivided, those related to the community regime subsist, as long as they are not modified in this Section. Each of the partners has the obligation to inform the other, with reasonable notice, of their intention to grant acts that exceed the ordinary administration of the undivided assets. The second can file opposition when the projected act violates their rights. ARTICLE 483.- Protective measures. In the event that their interests are affected, the participants can request, in addition to the measures provided by the local procedures, the following: a) the authorization to carry out by itself an act for which the consent of the other would be necessary, if the refusal is unjustified; b) his appointment or that of a third party as administrator of the other's estate; its performance is governed by the powers and obligations of the administration of the estate. ARTICLE 484.- Use of undivided assets. Each partner can use and enjoy the undivided assets according to their destination, to the extent compatible with the law of the other. If there is no agreement, the exercise of this right is regulated by the judge. The exclusive use and enjoyment of the whole thing to a greater extent or quality other than that agreed, only gives the right to indemnify the partner based on reliable opposition, and for the benefit of the opponent. ARTICLE 485.- Fruits and income. The fruits and incomes of undivided assets accrue to indivision. The co-owner who perceives them should be held accountable, and the one who has the exclusive use or enjoyment of any of the undivided assets owes compensation to the estate from the moment the other requests it. ARTICLE 486.- Liabilities. In relations with third-party creditors, during the post-community indivision the rules of articles 461, 462 and 467 apply without prejudice to the their right to subrogate their debtor's rights to request the partition of the common estate. ARTICLE 487.- Effects against creditors. The dissolution of the regime cannot harm the rights of previous creditors on the integrity of the assets from your debtor. SECTION 7 Community clearance ARTICLE 488.- Rewards. With the community extinguished, it is liquidated. To this end, the count of the rewards that the community owes to each spouse and the one that each owes to the community, according to the rules of the following articles. ARTICLE 489.- Community charges. They are in charge of the community: a) the obligations contracted during the community, not foreseen in the following article; b) the support of the home, the common children and those that each one has, and the food that each one is obliged to give; c) donations of community property made to the common children, and even that of their own property if they are intended for their establishment or placement; d) the expenses of conservation and repair of own and community property. ARTICLE 490.- Personal obligations. The personal obligations of the spouses are: a) those contracted before the beginning of the community; b) those that tax the inheritances, legacies or donations received by one of the spouses; c) those contracted to acquire or improve own assets; d) those resulting from personal or real guarantees given by one of the spouses to a third party, without the benefit of the community property being derived from them; e) those derived from non-contractual liability and legal sanctions. ARTICLE 491.- Cases of rewards. The community must reward the spouse if they have benefited to the detriment of their own assets, and the spouse to the community if it has benefited to the detriment of the community. If during the community one of the spouses has disposed of their own property for consideration without reinvesting its price, it is presumed, unless proven otherwise, that what has been received has benefited the community. If the participation of own character of one of the spouses in a society acquires a greater value because of the capitalization of profits during the community, the Partner spouse owes reward to the community. This solution is applicable to goodwill. ARTICLE 492.- Proof. The proof of the right to reward is the responsibility of the person who invokes it, and can be done by any evidentiary means. ARTICLE 493.- Amount. The amount of the reward is equal to the lesser of the values ​​that represent the outlay and the remaining profit for the spouse or for the community, on the day of its extinction, appreciated at constant values. If no benefit derived from the outlay, the value of the latter is taken into account. ARTICLE 494.- Valuation of rewards. The assets that generate rewards are valued according to their status on the day of the dissolution of the regime and according to their value at clearance time. ARTICLE 495.- Liquidation. The balance of the rewards owed by each of the spouses to the community and by the latter to the former, the balance in favor of the community must collate it to the common mass, and the balance in favor of the spouse must be attributed to him on the common mass. In case of insufficiency of the profit mass, in the partition a credit is attributed to one spouse against the other. SECTION 8 Community partition ARTICLE 496.- Right to request it. Dissolved the community, the partition can be requested at any time, except otherwise provided by law. ARTICLE 497.- Partible mass. The common mass is integrated with the sum of the liquid community assets of both spouses. ARTICLE 498.- Division. The common mass is divided equally between the spouses, regardless of the amount of their own property or the contribution of each to the acquisition of the profits. If it occurs due to the death of one of the spouses, the heirs receive their share of the half of the profits that would have corresponded to the cause. If all interested parties are fully capable, the freely agreed agreement applies. ARTICLE 499.- Preferential attribution. One of the spouses can request the preferential attribution of the goods protected by the intellectual or artistic property, of the fixed assets related to his professional activity, of the commercial, industrial or agricultural establishment acquired or formed by him that constitutes a unit economic, and of the house occupied by him at the time of the extinction of the community, although they exceed their part in it, charged with paying the difference in money to the other spouse or his heirs. Given the circumstances, the judge may grant deadlines for payment if he offers sufficient guarantees. ARTICLE 500.- Form of the partition. The inventory and division of assets are made in the manner prescribed for the partition of inheritances. ARTICLE 501.- Expenses. The expenses to which the inventory and division of the community assets give rise are the responsibility of the spouses, or of the survivor and the heirs of the premue, in proportion to their participation in the assets. ARTICLE 502.- Responsibility after the partition for previous debts. After the partition, each of the spouses responds to their creditors for the debts previously contracted with his own assets and the portion that was awarded to him from the property. ARTICLE 503.- Liquidation of two or more communities. When the liquidation of two or more communities contracted by the same person is carried out simultaneously, admits all kinds of tests, in the absence of inventories, to determine the participation of each one. In case of doubt, assets are attributed to each of the communities in proportion to the time of its duration. ARTICLE 504.- Bigamy. In the case of bigamy and good faith of the second spouse, the first spouse is entitled to half of the property until the dissolution of their marriage, and the second to half of the profit mass formed by him and the bigamist until notification of the claim for nullity. CHAPTER 3 Separation of property regime ARTICLE 505.- Management of assets. In the property separation regime, each of the spouses retains the free administration and disposal of their property personal, except as provided in article 456. Each of them is liable for the debts contracted by him, except as provided in article 461. ARTICLE 506.- Proof of ownership. Both with respect to the other spouse and third parties, each of the spouses can demonstrate the exclusive ownership of a property by all means of proof. Assets whose exclusive ownership cannot be demonstrated are presumed to belong to both spouses by halves. Sued by one of the spouses the division of a condominium between them, the judge can deny it if it affects the family interest. ARTICLE 507.- Cessation of the regime. The separation of property ceases due to the dissolution of the marriage and the modification of the regime agreed between the spouses. ARTICLE 508.- Dissolution of marriage. Dissolved the marriage, in the absence of an agreement between the separated spouses of property or their heirs, the partition of the property Undivided is done in the manner prescribed for the partition of inheritances. TITLE III Coexistence unions CHAPTER 1 Constitution and proof ARTICLE 509.- Scope of application. The provisions of this Title apply to the union based on affective relationships of a singular, public, notorious, stable and permanent of two people who live together and share a common life project, be they of the same or different sex. ARTICLE 510.- Requirements. Recognition of the legal effects provided by this Title to cohabitation unions requires that: a) the two members are of legal age; b) are not connected by kinship ties in a straight line in all degrees, nor collateral until the second degree; c) are not linked by kinship by affinity in a straight line; d) they do not have a ligament impediment or another coexistence is registered simultaneously; e) maintain coexistence for a period of not less than two years. ARTICLE 511.- Registration. The existence of the coexistence union, its termination and the pacts that the members of the couple have concluded, are registered in the registry that corresponds to the local jurisdiction, only for evidentiary purposes. A new registration of a coexistence union does not proceed without the prior cancellation of the existing one. The registration of the existence of the coexistence union must be requested by both members. ARTICLE 512.- Proof of the coexistence union. The coexistence union can be accredited by any means of proof; inscription in the Registry of unions Coexistence is sufficient proof of their existence. EPISODE 2 Coexistence pacts ARTICLE 513.- Autonomy of the will of the cohabitants. The provisions of this Title are applicable unless otherwise agreed by the cohabitants. This covenant must be made in writing and may not invalidate the provisions of articles 519, 520, 521 and 522. ARTICLE 514.- Content of the coexistence pact. Coexistence pacts can regulate, among other issues: a) the contribution to household burdens during common life; b) the attribution of the common home, in case of breakdown; c) the division of the goods obtained by the common effort, in case of breakdown of the coexistence. ARTICLE 515.- Limits. The coexistence pacts cannot be contrary to public order, nor to the principle of equality of the cohabitants, nor affect the rights fundamental of any of the members of the coexistence union. ARTICLE 516.-. Modification, termination and termination. The pacts can be modified and rescinded by agreement of both partners. The cessation of coexistence extinguishes the full rights pacts towards the future. ARTICLE 517.- Moments from which effects are produced with respect to third parties. The pacts, their modification and termination are opposable to third parties from their inscription in the register provided for in article 511 and in the registers that correspond to the goods included in these pacts. The extinction effects of the cessation of coexistence are opposable to third parties since any instrument that establishes the break was registered in those registers. CHAPTER 3 Effects of cohabitation unions during coexistence ARTICLE 518.- Patrimonial relations. The economic relations between the members of the union are governed by the provisions of the coexistence pact. In the absence of an agreement, each member of the union freely exercises the powers of administration and disposition of the assets of his ownership, with the restriction regulated in this Title for the protection of the family home and the essential furniture found in it. ARTICLE 519.- Assistance. The cohabitants should be assisted during the coexistence. ARTICLE 520.- Contribution to household expenses. The cohabitants have an obligation to contribute to household expenses in accordance with the provisions of article 455. ARTICLE 521.- Responsibility for debts against third parties. The cohabitants are jointly and severally liable for the debts that one of them would have contracted with third parties in accordance with the provisions of article 461. ARTICLE 522.- Protection of the family home. If the coexistence union has been registered, none of the cohabitants can, without the consent of the other, dispose of the rights to the family home, nor to the essential furniture of the home, nor to transport them outside the home. The judge can authorize the disposition of the property if it is expendable and the family interest is not compromised. If this authorization does not take place, the one that has not given its assent can demand the nullity of the act within the expiration period of six months of having known it, and as long as the coexistence continues. The family home cannot be executed for debts contracted after the registration of the coexistence union, unless they have been contracted by both living together or by one of them with the consent of the other. CHAPTER 4 Cessation of coexistence. Effects ARTICLE 523.- Causes of the cessation of the coexistence union. The coexistence union ceases: a) for the death of one of the cohabitants; b) by the final sentence of absence with the presumption of death of one of the cohabiting; c) by marriage or new coexistence union of one of its members; d) by the marriage of the partners; e) by mutual agreement; f) by unilateral will of one of the cohabitants reliably notified to the other; g) by the cessation of the coexistence maintained. The interruption of coexistence does not imply its cessation if it is due to work or similar reasons, as long as the common will to life. ARTICLE 524.- Economic compensation. Coexistence ceased, the cohabitant who suffers from a manifest imbalance that means a worsening of their situation economic with proper cause in the coexistence and its breakdown, you have the right to compensation. This may consist of a single benefit or an income for a time determined that it cannot be greater than the duration of the cohabitation union. It can be paid with money, with the usufruct of certain assets or in any other way agreed by the parties or, failing that, the judge decides. ARTICLE 525.- Judicial fixation of the financial compensation. Expiration. The judge determines the origin and amount of the financial compensation based on various circumstances, among others: a) the patrimonial status of each of the cohabitants at the beginning and at the end of the union; b) the dedication that each cohabitant gave to the family and to the upbringing and education of the children and that which must be provided after the cessation; c) the age and state of health of the partners and children; d) job training and the possibility of accessing a job for the cohabiting person requesting financial compensation; e) the collaboration provided to the commercial, industrial or professional activities of the other partner; f) Attribution of the family home. The action to claim financial compensation expires six months after any of the causes of termination of coexistence listed in article 523. ARTICLE 526.- Attribution of the use of the family home. The use of the property that was the headquarters of the coexistence union can be attributed to one of the cohabitants in the following assumptions: a) if you are responsible for the care of minor children, children with restricted capacity, or with disabilities; b) if it proves the extreme need for a home and the impossibility of procuring it immediately. The judge must fix the term of the attribution, which cannot exceed two years from the moment the coexistence ceased, in accordance with the provided in article 523. At the request of an interested party, the judge can establish: a compensatory rent for the use of the property in favor of the cohabitant to whom the home is not attributed; that he property is not sold during the period provided without the express agreement of both; that the property in condominium of the cohabitants is not broken or liquidated. The decision produces effects against third parties from their registration. If it is a rented property, the non-tenant cohabitant has the right to continue in the location until the contract expires, keeping him obligated to pay and the guarantees that were originally established in the contract. The attribution right ceases in the same cases provided for in article 445. ARTICLE 527.- Attribution of the home in the event of death of one of the cohabitants. The surviving partner who does not have their own habitable dwelling or property Sufficient to ensure access to it, you can invoke the real right of free room for a maximum period of two years on the property owned by the deceased that it was the last family home and that at the opening of the succession he was not in condominium with other people. This right is unenforceable to the creditors of the deceased. It is extinguished if the surviving cohabiting partner constitutes a new cohabiting union, marries, or acquires a habitable home or enough assets to access this. ARTICLE 528.- Distribution of assets. In the absence of an agreement, the assets acquired during the coexistence are kept in the assets they entered, without prejudice to the application of the general principles relating to enrichment without cause, the filing of persons and others that may correspond. TITLE IV Relationship CHAPTER 1 General disposition ARTICLE 529.- Concept and terminology. Kinship is the legal link between people due to nature, assisted human reproduction techniques, adoption and affinity. The provisions of this Code that refer to kinship without distinction apply only to kinship by nature, by methods of assisted human reproduction, and by adoption, either in a straight line or collateral. ARTICLE 530.- Elements of computation. The proximity of the relationship is established by lines and degrees. ARTICLE 531.- Degree. Line. Trunk. Is named: a) degree, the link between two people who belong to successive generations; b) line, to the uninterrupted series of degrees; c) trunk, to the ancestor from which two or more lines depart; d) branch, to the line in relation to its origin. ARTICLE 532.- Kinds of lines. A straight line is the one that unites the ascendants and descendants; and collateral line to which unites the descendants of a trunk common. ARTICLE 533.- Computation of the relationship. In the straight line there are as many degrees as generations. In the collateral the degrees are counted by generations, adding the number degrees that are in each branch between each of the people whose relationship is to be computed and the common ancestor. ARTICLE 534.- Bilateral and unilateral brothers. Bilateral siblings are those who have the same parents. Unilateral brothers are those who come from the same ascendant in the first degree, differing in the other. ARTICLE 535.- Relationship by adoption. In full adoption, the adoptee acquires the same relationship that a child of the adopter would have with all the relatives of the adopter. Simple adoption only creates a relationship between the adoptee and the adopter. In both cases, the relationship is created within the limits determined by this Code and the judicial decision that provides for the adoption. ARTICLE 536.- Relationship by affinity. Calculation. Exclusion. The kinship by affinity is the one that exists between the married person and the relatives of his spouse. It is computed by the number of degrees in which the spouse is with respect to those relatives. Affinity kinship does not create any legal relationship between the relatives of one of the spouses and the relatives of the other. EPISODE 2 Duties and rights of relatives SECTION 1 Foods ARTICLE 537.- Enumeration. Relatives owe food in the following order: a) ascendants and descendants. Among them, those closest to the grade are preferably bound; b) the bilateral and unilateral brothers. In any of the cases, food is due by those who are best able to provide it. If two or more of them are able to to do so, they are obligated in equal parts, but the judge can set different fees, according to the amount of the assets and family charges of each obligor. ARTICLE 538.- Relatives by affinity. Among the relatives by affinity only food must be those that are linked in a straight line in the first degree. ARTICLE 539.- Prohibitions. The obligation to provide maintenance cannot be compensated, nor the right to claim or receive it, be the subject of a transaction, resignation, assignment, lien or any attachment. What is paid for food is not repeatable. ARTICLE 540.- Accrued and uncollected food. Accrued and uncollected food benefits may be offset, waived or transferred for title onerous or free. ARTICLE 541.- Content of the maintenance obligation. The provision of food includes what is necessary for subsistence, room, clothing and medical assistance, corresponding to the condition of the recipient, according to their needs and the economic possibilities of the feeder. If the fed is a minor person old, also includes what is necessary for education. ARTICLE 542.- Mode of compliance. The benefit is fulfilled by paying an income in money, but the obligor may request that he be authorized to pay it otherwise, if it justifies sufficient reasons. Payments must be made on a monthly, advance and successive basis, but depending on the circumstances, the judge may set fees for shorter periods. ARTICLE 543.- Process. The request for maintenance is processed through the shortest process established by local law, and does not accumulate to another claim. ARTICLE 544.- Provisional food. From the beginning of the case or in the course of it, the judge can decree the provision of provisional maintenance, and also the expense of the lawsuit, if the lack of means is justified. ARTICLE 545.- Proof. The relative who asks for food must prove that he lacks sufficient financial means and the impossibility of acquiring it with his work, whatever that is the cause that has generated such a state. ARTICLE 546.- Existence of other obligors. The defendant has the burden of proving that there is another relative of the closest degree or of the same degree in condition of lend them, in order to be displaced or concur with him in the provision. If several obligors are claimed, the defendant can summon all or part of the rest to trial, that the sentence reaches them. ARTICLE 547.- Resources. The appeal against the sentence that decrees the provision of alimony has no suspensive effect, nor can the one who receives alimony be compelled to provide bail or bond to return the received if the sentence is revoked. ARTICLE 548.- Retroactivity of the sentence. The maintenance is due from the day of the filing of the demand or from the interpellation to the obligor through reliable, provided that the demand is presented within six months of the appeal. ARTICLE 549.- Repetition. In case there is more than one obligor to pay maintenance, whoever has loaned them can repeat the other obligors, in proportion to what that corresponds to each one. ARTICLE 550.- Precautionary measures. Precautionary measures may be ordered to ensure the payment of future, provisional, final or agreed maintenance. The liable may offer in lieu of other sufficient guarantees. ARTICLE 551.- Breach of court orders. It is jointly responsible for the payment of the food debt who does not comply with the court order to deposit the sum that you should have discounted your dependent or any other creditor. ARTICLE 552.- Interest. The amounts due for maintenance due to non-compliance within the expected term accrue an interest rate equivalent to the highest charged by the banks to their clients, according to the regulations of the Central Bank, to which is added the one that the judge determines according to the circumstances of the case. ARTICLE 553.- Other measures to ensure compliance. The judge can impose on the person responsible for the repeated breach of the maintenance obligation measures reasonable to ensure the effectiveness of the sentence. ARTICLE 554.- Cessation of maintenance obligation. Maintenance obligation ceases: a) if the person fed incurs any cause of unworthiness; b) for the death of the obligor or the fed; c) when the obligations of the obligation disappear. The claim of cessation, increase or reduction of food is processed by the shortest procedure provided by local law. SECTION 2 Right of communication ARTICLE 555.- Legitimized. Opposition. Those who are responsible for the care of minors, people with restricted capacity, or sick or disabled, must allow communication of these with their ancestors, descendants, bilateral or unilateral siblings and relatives by affinity in the first degree. If opposition is deduced based on possible damages to the mental or physical health of the interested parties, the judge must resolve what corresponds by the shortest procedure provided by local law and establish, where appropriate, the most convenient communication regime according to the circumstances. ARTICLE 556.- Other beneficiaries. The provisions of article 555 are applied in favor of those who justify a legitimate affective interest. ARTICLE 557.- Measures to ensure compliance. The judge can impose the person responsible for the repeated breach of the communication regime established by judgment or approved agreement reasonable measures to ensure its effectiveness. TITLE V Filiation CHAPTER 1 General disposition ARTICLE 558.- Sources of affiliation. Equal effects. Filiation can take place by nature, by assisted human reproduction techniques, or by adoption. Membership by full adoption, by nature or by assisted human, marital and extramarital reproduction techniques, have the same effects, in accordance with the provisions of this Code. No person may have more than two filial ties, whatever the nature of the filiation. ARTICLE 559.- Birth certificate. The Registry of Civil Status and Capacity of Persons should only issue birth certificates that are drawn up in so that it does not result from them whether the person was born or not during the marriage, by assisted human reproduction techniques, or has been adopted. EPISODE 2 General rules regarding filiation by assisted human reproduction techniques ARTICLE 560.- Consent in assisted human reproduction techniques. The intervening health center must obtain the prior, informed and free consent of people who submit to the use of assisted human reproduction techniques. This consent must be renewed each time the gametes are used or embryos. ARTICLE 561.- Form and requirements of consent. The instrumentation of said consent must contain the requirements established in the special provisions, for subsequent protocolization before a notary public or certi fi cation before the health authority corresponding to the jurisdiction. Consent is freely revocable as long as there has been no conception in the person or implantation of the embryo. ARTICLE 562.- Procreational will. Those born by assisted human reproduction techniques are children of the one who gave birth and of the man or woman who has also given their prior, informed and free consent under the terms of articles 560 and 561, duly registered in the Registry of Civil Status and Capacity of the People, regardless of who contributed the gametes. ARTICLE 563.- Right to information of people born by assisted reproduction techniques. The information that the person was born through the use of techniques of human reproduction assisted with gametes of a third party must be included in the corresponding base file for the registration of the birth. ARTICLE 564.- Content of the information. At the request of people born through assisted human reproduction techniques, you can: a) Obtain information regarding the donor's medical data from the intervening health center, when it is relevant to health; b) reveal the identity of the donor, for duly justified reasons, evaluated by the judicial authority through the shortest procedure provided by local law. CHAPTER 3 Determination of maternity ARTICLE 565.- General principle. In filiation by nature, motherhood is established with proof of birth and the identity of the newborn. The registration must be made at the request of the person who presents a certificate from the doctor, obstetrician or health agent, if applicable, who attended the delivery of the woman who was attributes the motherhood of the born. This registration must be notified to the mother, unless it is she who requests it or the person who denounces the birth is her spouse. If the certificate mentioned in the previous paragraph is lacking, the registration of maternity by nature must be carried out in accordance with the provisions contained in the ordinances relating to the Registry of Civil Status and Capacity of Persons. CHAPTER 4 Determination of marriage affiliation ARTICLE 566.- Presumption of affiliation. Unless proven otherwise, children of the spouse are presumed to be those born after the celebration of the marriage and up to the three hundred days after the filing of the petition for divorce or annulment of the marriage, the separation in fact or death. The presumption does not apply in cases of assisted human reproduction techniques if the spouse did not provide the corresponding free, prior and informed consent. as provided in Chapter 2 of this Title. ARTICLE 567.- Special situation in the de facto separation. Although the presumption of affiliation is missing due to the de facto separation of the spouses, the born must be Registered as their child if the consent of both concur, the child was born by nature or through the use of assisted human reproduction techniques. In This last case, and regardless of who contributed the gametes, must also have been fulfilled with free, prior and informed consent and other requirements. provided in the special law. ARTICLE 568.- Successive marriages. If successive marriages of the woman giving birth mediate, it is presumed that the child born within three hundred days of dissolution or annulment of the first and within one hundred and eighty days of the celebration of the second, has a filial link with the first spouse; and that the one born within three hundred days after the dissolution or cancellation of the first and after one hundred and eighty days from the celebration of the second, have a filial link with the second spouse. These assumptions admit evidence to the contrary. ARTICLE 569.- Forms of determination. The marriage affiliation is legally determined and it is proved: a) by registering the birth in the Registry of Civil Status and Capacity of Persons and by proof of marriage, in accordance with legal provisions respective; b) by final judgment in filiation trial; c) in the cases of assisted human reproduction techniques, by prior, informed and free consent duly registered in the Registry of Civil Status and People Capacity. CHAPTER 5 Determination of extramarital filiation ARTICLE 570.- General principle. Extramarital affiliation is determined by recognition, prior, informed and free consent to the use of techniques of assisted human reproduction, or by the judgment in filiation judgment that declares it as such. ARTICLE 571.- Forms of recognition. Paternity by recognition of the child results: a) of the declaration made before the official of the Registry of Civil Status and Capacity of Persons on the occasion of registering the birth or later; b) of the declaration made in a duly recognized public or private instrument; c) of the provisions contained in acts of last will, even if the recognition is made incidentally. ARTICLE 572.- Notification of recognition. The Registry of Civil Status and Capacity of Persons must notify the acknowledgment to the mother and the child or their legal representative. ARTICLE 573.- Characters of recognition. Recognition is irrevocable, cannot be subject to modalities that alter its legal consequences, nor does it require acceptance of the child. The recognition of the deceased son does not attribute rights in his succession to the person who formulates it, nor to the other ancestors of his branch, except that there has been possession of son status. ARTICLE 574.- Recognition of the unborn child. Recognition of the unborn child is possible, being subject to birth alive. ARTICLE 575.- Determination in assisted human reproduction techniques. In the cases of assisted human reproduction techniques, the determination of the Affiliation is derived from free, prior and informed consent, provided in accordance with the provisions of this Code and special law. When third party gametes are used in the reproductive process, no legal link is generated with them, except for the purposes of marital impediments in the same terms as full adoption. CHAPTER 6 Filiation actions. General disposition ARTICLE 576.- Characters. The right to claim the affiliation or to contest it is not extinguished by prescription or by express or tacit resignation, but the rights Assets already acquired are subject to prescription. ARTICLE 577.- Inadmissibility of the claim. It is not admissible to challenge the marriage or extramarital affiliation of children born through the use of techniques of assisted human reproduction when there has been prior, informed and free consent to said techniques, in accordance with this Code and the special law, with regardless of who contributed the gametes. It is not admissible the recognition or the exercise of affiliation action or any claim of filial bond with respect to East. ARTICLE 578.- Consequence of the general rule of double filial bond. If a affiliation is claimed that is important to cancel a previously established one, you must simultaneously, exercise the corresponding challenge action. ARTICLE 579.- Genetic test. Affiliation actions admit all kinds of tests, including genetic ones, which can be ordered by the government or at the request of part. Given the impossibility of carrying out genetic testing on any of the parties, studies can be carried out with genetic material from relatives by nature until second grade; The closest ones should be prioritized. If none of these alternatives is possible, the judge considers the refusal as a serious indication contrary to the position of the reluctant. ARTICLE 580.- Post mortem genetic test. In case of death of the alleged father, the test can be carried out on genetic material of the two parents natural of this one. Faced with the refusal or impossibility of one of them, the exhumation of the body may be authorized. The judge can choose between these possibilities according to the circumstances of the case. ARTICLE 581.- Competition. When the affiliation actions are exercised by minors or persons with restricted capacity, the local judge is competent where the actor has his center of life or that of the defendant's domicile, at the choice of the actor. CHAPTER 7 Filiation claim actions ARTICLE 582.- General rules. The son can claim his marriage affiliation against his parents if it does not result from the inscription in the Registry of Civil Status and People Capacity. The action must be brought against the spouses together. The son can also claim his extramarital affiliation against those he considers his parents. In the event of the death of one of the parents, the action is directed against their heirs. These actions can be promoted by the son at all times. His heirs can continue the action initiated by him or initiate it if the son had died in the minor age or being an incapable person. If the child dies before a computed year has elapsed since reaching full age or full capacity, or during the first year following the discovery of the evidence on which the claim is based, your action corresponds to your heirs for all the time that remains to complete said deadlines. This provision does not apply in cases of assisted human reproduction techniques when there has been prior, informed and free consent, regardless of those who have contributed the gametes. ARTICLE 583.- Claim in the cases of affiliation in which only maternity is determined. In all cases in which a child appears enrolled only maternal con fi liation, the Civil Registry must notify the Public Ministry, which must procure the determination of paternity and the recognition of the child by the alleged father. For these purposes, the mother should be urged to supply the name of the alleged father and any information that contributes to his identification and whereabouts. The declaration the identity of the alleged father must be made under oath; the mother is previously informed of the legal consequences of a protest false. Before sending the communication to the Public Ministry, the chief or officer of the Civil Registry must summon the mother and inform her about the rights of the child and the corresponding duties maternal, in accordance with the provisions of the special law. Once this stage is completed, the proceedings are forwarded to the Public Ministry to promote legal action. ARTICLE 584.- Possession of state. The possession of state duly accredited at trial has the same value as recognition, provided it is not distorted by contrary proof on the genetic link. ARTICLE 585.- Coexistence. The coexistence of the mother during the period of conception presumes the filial bond in favor of her partner, except opposition founded. ARTICLE 586.-. Provisional food. During the filing claim process or even before it begins, the judge can set provisional maintenance against the presumed parent, in accordance with the provisions of Title VII of the Second Book. ARTICLE 587.- Repair of the damage caused. The damage caused to the child by the lack of recognition is repairable, meeting the requirements provided in Chapter 1 of the Title Third Book V of this Code. CHAPTER 8 Filiation challenge actions ARTICLE 588.- Maternity challenge. In the cases of determination of maternity in accordance with the provisions of article 565, the filial link may be contested for not being the woman the mother of the son who passes for her. This challenge action can be filed by the child, the mother, the spouse and any third party that invokes a legitimate interest. The action expires if a year elapses since the birth registration or since the substitution or uncertainty about the identity of the child was known. The son can start action at any time. In the cases of affiliation by assisted human reproduction techniques, the lack of genetic link cannot be invoked to challenge maternity, if it has mediated free, prior and informed consent. ARTICLE 589.- Challenge to the affiliation presumed by law. The spouse or spouse of the child giving birth may contest the filial bond of the children born during the marriage or within the three hundred days following the filing of the petition for divorce or nullity, the separation of fact or death, by means of the claim of not being able to being the parent, or that the affiliation presumed by law should not be reasonably maintained in accordance with the evidence that contradicts it or in the interest of the child. For Proving this circumstance can use any means of proof, but the mere declaration of the one who gave birth is not enough. This provision does not apply in cases of assisted human reproduction techniques when there has been prior, informed and free consent, regardless of those who have contributed the gametes. ARTICLE 590.- Challenge to the affiliation presumed by law. Legitimation and expiration. The action to challenge the affiliation of the spouse of the person giving birth may be exercised by him or her, by the son, by the mother and by any third party that invokes a legitimate interest. The son can initiate the action at any time. For the other legitimized, the action expires if a year elapses since the birth registration or since it was knowledge that the child may not be the child of whom the law presumes. In case of death of the legitimized asset, his heirs can challenge the affiliation if the death occurred before the expiration term established in this article. In this case, the action expires for them once the term that began in the life of the legitimized one has expired. ARTICLE 591.- Affiliation denial action presumed by law. The spouse or spouse of the woman giving birth can judicially deny the filial bond of the child born within of the one hundred and eighty days following the celebration of the marriage. The action expires if a year elapses since the birth registration or since it was held knowledge that the child may not be the child of whom the law presumes. If it is proved that the spouse was aware of his wife's pregnancy at the time of the marriage celebration or there was possession of a child status, the denial must be dismissed. In any case, the action to challenge the affiliation authorized by the preceding articles is safe. This provision does not apply in cases of assisted human reproduction techniques when there has been prior, informed and free consent, regardless of those who have contributed the gametes. ARTICLE 592.- Preventive challenge of the affiliation presumed by law. Even before the birth of the child, the spouse or partner can preemptively challenge the affiliation of the person to be born. This action may also be exercised by the mother and by any third party that invokes a legitimate interest. The registration of the subsequent birth does not presume the filiation of the spouse of the one who gives birth if the action is accepted. This provision does not apply in cases of assisted human reproduction techniques when there has been prior, informed and free consent, regardless of those who have contributed the gametes. ARTICLE 593.- Challenge of recognition. The recognition of children born out of wedlock can be contested by the children themselves or by third parties that invoke a legitimate interest. The child can challenge the acknowledgment at any time. The other interested parties can exercise the action within a year of having known the act of recognition or since it became known that the child may not be the son. This provision does not apply in cases of assisted human reproduction techniques when there has been prior, informed and free consent, regardless of those who have contributed the gametes. TITLE VI Adoption CHAPTER 1 General disposition ARTICLE 594.- Concept. Adoption is a legal institution that aims to protect the right of children and adolescents to live and develop in a family to provide you with care tending to satisfy your emotional and material needs, when these cannot be provided by your family of origin. The adoption is granted only by judicial decision and places the adopted in the state of child, in accordance with the provisions of this Code. ARTICLE 595.- General principles. Adoption is governed by the following principles: a) the best interests of the child; b) respect for the right to identity; c) exhaustion of the possibilities of remaining in the family of origin or extended; d) the preservation of fraternal ties, prioritizing the adoption of groups of brothers in the same adoptive family or, failing that, the maintenance of ties legal between the brothers, except duly founded reasons; e) the right to know the origins; f) the right of the child or adolescent to be heard and to have their opinion taken into account according to their age and degree of maturity, requiring their consent to from the age of ten. ARTICLE 596.- Right to know the origins. The adoptee with sufficient age and degree of maturity has the right to know the data regarding its origin and can access, when required, the judicial and administrative file in which its adoption was processed and other information that appears in judicial or administrative records. If the person is a minor, the judge can order the intervention of the technical team of the court, the protection body or the registry of adopters so that collaborate. The adoptive family can request advice from the same organizations. The judicial and administrative file must contain as much information as possible about the identity of the child and his family of origin referring to that origin, including related to communicable diseases. The adopters must expressly commit themselves to make their origins known to the adoptee, and this declaration is recorded in the record. In addition to the right to access files, the adolescent adoptee is empowered to initiate an autonomous action in order to know its origins. In this case, You must have legal assistance. ARTICLE 597.- People who can be adopted. Non-emancipated minors declared in adoptability or can be adopted whose parents have been deprived of parental responsibility. Exceptionally, the person of legal age can be adopted when: a) it is the child of the spouse or partner of the person who intends to adopt; b) there was possession of a child's status while he was a minor, reliably proven. ARTICLE 598.- Plurality of adoptees. Several people can be adopted, simultaneously or successively. The existence of descendants of the adopter does not prevent adoption. In this case, they must be heard by the judge, evaluating their opinion in accordance with their age and degree of maturity. All adoptive and biological children of the same adopter are considered siblings to each other. ARTICLE 599.- People who may be adopters. The child or adolescent may be adopted by a marriage, by both members of a coexistence union or by a single person. Every adopter must be at least sixteen years older than the adopted, except when the spouse or partner adopts the child of the other spouse or partner. In the event of the death of the adoptive parent (s) or other cause of termination of the adoption, a new adoption may be granted to the minor. ARTICLE 600.- Term of residence in the country and registration. The person can adopt who: a) permanently reside in the country for a minimum period of five years prior to the guardian's request for adoption purposes; This deadline is not required for people from Argentine nationality or naturalized in the country; b) is registered in the registry of adopters. ARTICLE 601.- Restrictions. You cannot adopt: a) who has not reached twenty-five years of age, except that their spouse or partner who adopts jointly meets this requirement; b) the ascendant to his descendant; c) a brother to his brother or his unilateral brother. ARTICLE 602.- General rule of adoption by married or cohabiting persons. Married or cohabiting people can adopt only if they do jointly. ARTICLE 603.- Unipersonal adoption by married people or in cohabitation. Adoption by married people or in a common-law union can be sole proprietorship if: a) the spouse or partner has been declared incapable or of restricted capacity, and the sentence prevents him from giving valid consent for this act. In this case, the Public Ministry and the curator or support must be heard and, if it is the adopting claim, a curator or support ad litem must be appointed; b) the spouses are in fact separated. ARTICLE 604.- Joint adoption of divorced persons or the coexistence union ceased. People who during the marriage or cohabitation union maintained state of mother or father with a minor person, they can adopt it jointly even after the divorce or ceased the union. The judge must especially value the incidence of the break when weighing the best interests of the child. ARTICLE 605.- Joint adoption and death of one of the guardians. When the custody for the adoption of the child or adolescent has been granted During the marriage or cohabitation and the legal period is completed after the death of one of the spouses or partners, the judge can grant the adoption to the survivor and generate legal ties of filiation with both members of the couple. In this case, the adoptee carries the adopter's surname, except that based on the right to identity, a request is made to add or put the surname of origin or surname of the deceased keeper. ARTICLE 606.- Adoption by guardian. The guardian can only adopt his ward once the obligations arising from the guardianship have expired. EPISODE 2 Judicial declaration of the adoptability situation ARTICLE 607.- Assumptions. The judicial declaration of the adoptability situation is dictated if: a) a child or adolescent has no established affiliation or their parents have died, and the search for relatives of origin by the agency has been exhausted competent administrative authority within a maximum period of thirty days, extendable for an equal period only for a reasonable reason; b) the parents made the free and informed decision that the child be adopted. This statement is valid only if it occurs after forty-five days of produced the birth; c) the exceptional measures tending to ensure that the child or adolescent remains in their family of origin or extended, have not resulted in a maximum period of one hundred eighty days. Once the maximum term has expired without reversing the causes that motivated the measure, the administrative body for the protection of the rights of the child or adolescent who made the decision must immediately rule on the adoptability situation. Said opinion must be communicated to the intervening judge within the period of twenty four hours. The judicial declaration of the adoptability situation cannot be dictated if any relative or affective referent of the child or adolescent offers to assume their custody or guardianship and such request is considered adequate to the interest of the latter. The judge must decide on the adoptability situation within a maximum period of ninety days. ARTICLE 608.- Subjects of the procedure. The procedure that concludes with the judicial declaration of the adoptability situation requires the intervention: a) as a party, of the boy or girl or adolescent, if he / she is of sufficient age and maturity, who appears with legal assistance; b) as part of the parents or other legal representatives of the child or adolescent; c) of the administrative body that participated in the extrajudicial stage; d) of the Public Ministry. The judge can also listen to relatives and other emotional references. ARTICLE 609.- Rules of the procedure. The following rules apply to the procedure to obtain the judicial declaration of the adoptability situation: a) process before the judge who exercised the legality control of the exceptional measures; b) the personal interview of the judge with the parents, if they exist, and with the child or adolescent whose adoption status is being processed is mandatory; c) the sentence must provide that the intervening judge (s) selected by the registry of adopters and the corresponding administrative body, in order to proceed to start immediately the guardianship process for adoption. ARTICLE 610.- Equivalence. The sentence of deprivation of parental responsibility is equivalent to the judicial declaration in a situation of adoptability. CHAPTER 3 Save for adoption ARTICLE 611.- Guard in fact. Prohibition. The direct delivery into custody of children and adolescents by public deed or act is expressly prohibited. administrative, as well as the direct delivery in custody granted by any of the parents or other relatives of the child. The violation of the prohibition enables the judge to temporarily or definitively separate the child from its intended guardian, unless it is judicially proven that the The parents' choice is based on the existence of a relationship of kinship, between the parents and the presumed guardians of the child. Neither the factual guardianship, nor the assumptions of judicial guardianship or delegation of the exercise of parental responsibility should be considered for the purposes of adoption. ARTICLE 612.- Competition. The guardian for adoption must be immediately discerned by the judge who pronounces the sentence declaring the situation of adoptability. ARTICLE 613.- Election of the guardian and intervention of the administrative body. The judge who declared the adoptability situation selects the alleged adopters of the payroll sent by the registry of adopters. For these purposes, or for other activities that it considers pertinent, it summons the administrative authority that intervened in the declaration process in adoptability situation, body that can also appear spontaneously. For the selection, and in order to ensure in a permanent and satisfactory way the full development of the child or adolescent, one must take into account, among others guidelines: the personal conditions, ages and aptitudes of the or the pretended adopters; their suitability to fulfill the functions of care, education; their motivations and expectations regarding adoption; the assumed respect for the right to identity and origin of the child or adolescent. The judge must cite the child or adolescent whose opinion must be taken into account according to their age and degree of maturity. ARTICLE 614.- Guardian sentence for adoption purposes. Once the measures provided in article 613 have been complied with, the judge issues the custody sentence for adoption purposes. The term of custody can not exceed six months. CHAPTER 4 Adoption trial ARTICLE 615.- Competition. The competent judge is the one who granted custody for the purpose of adoption, or at the choice of the pretended adopters, of the place where the child has its center of life if the transfer was taken into consideration in that decision. ARTICLE 616.- Beginning of the adoption process. Once the period of custody has expired, the intervening judge, of fi ce or at the request of the party or the administrative authority, The adoption process begins. ARTICLE 617.- Rules of the procedure. The following rules apply to the adoption process: a) the pretended adopters and the adopted claim are part; if he is old enough and mature enough, he must appear with legal assistance; b) The judge must personally hear the adopted claim and take into account his opinion according to his age and degree of maturity; c) the Public Ministry and the administrative body must intervene; d) the claim adopted over ten years must give express consent; e) The hearings are private and the record reserved. ARTICLE 618.- Temporary effect of the sentence. The sentence granting the adoption has retroactive effect to the date of the sentence granting the guardian for the purpose of adoption, except when it comes to the adoption of the child of the spouse or partner, whose effects go back to the date of promotion of the adoption action. CHAPTER 5 Types of adoption SECTION 1 General disposition ARTICLE 619.- Enumeration. This Code recognizes three types of adoption: a) full; b) simple; c) integration. ARTICLE 620.- Concept. Full adoption gives the adopted the status of child and extinguishes legal ties with the family of origin, with the exception that Marital impediments remain. The adoptee has in the adoptive family the same rights and obligations as all children. Simple adoption confers the status of child to the adopted, but does not create legal ties with the relatives or with the spouse of the adopter, except as provided in this Code. The adoption of integration is configured when the child of the spouse or cohabiting is adopted and generates the effects provided for in Section 4 of this Chapter. ARTICLE 621.- Judicial powers. The judge grants full or simple adoption according to the circumstances and fundamentally attending to the best interests of the child. When it is more convenient for the child or adolescent, at the request of a party and for well-founded reasons, the judge may maintain the legal link with one or several relatives of the family of origin in full adoption, and create a legal bond with one or more relatives of the family of the adopter in simple adoption. In this case, The legal regime of succession is not modified, nor of parental responsibility, nor of the matrimonial impediments regulated in this Code for each type of adoption. ARTICLE 622.- Conversion. At the request of the party and for well-founded reasons, the judge can convert a simple adoption into a full one. The conversion takes effect from the time the judgment is final and for the future. ARTICLE 623.- Adopted name. The adoptee's first name must be respected. Exceptionally and for reasons based on the prohibitions established in the rules for the first name in general or in the use of a first name with which the adoptee feels identified, the judge can order the modification of the first name in the sense to be asked. SECTION 2 Full adoption ARTICLE 624.- Irrevocability. Other effects. Full adoption is irrevocable. The filiation action of the adoptee against his parents or the recognition are admissible only for the purposes of enabling the food and inheritance rights of the adopted, without altering the other effects of the adoption. ARTICLE 625.- Guidelines for granting full adoption. Full adoption should be granted, preferably, in the case of children or adolescents orphans of father and mother who have no established affiliation. Full adoption may also be granted in the following cases: a) when the child or adolescent has been declared in a situation of adoptability; b) when they are children of parents deprived of parental responsibility; c) when the parents have declared before the judge their free and informed decision to give their child up for adoption. ARTICLE 626.- Last name. The child's last name by full adoption is governed by the following rules: a) in the case of a one-person adoption, the adoptive child bears the surname of the adopter; if the adopter has a double surname, he can request that it be kept; b) if it is a joint adoption, the general rules regarding the surname of the married children apply; c) exceptionally, and based on the right to the identity of the adopted, at the request of the interested party, it is possible to request to add or put the surname of origin before the surname of the adopter or one of them if the adoption is joint; d) in all cases, if the adoptee is of sufficient age and maturity, the judge must especially value his opinion. SECTION 3 Simple adoption ARTICLE 627.- Effects. Simple adoption produces the following effects: a) as a rule, the rights and duties that result from the bond of origin are not extinguished by adoption; however, ownership and exercise of responsibility parental are transferred to adopters; b) the family of origin has the right to communicate with the adoptee, unless it is contrary to the best interests of the child; c) the adoptee retains the right to claim alimony from his family of origin when the adopters cannot provide it; d) the adoptee who has the age and degree of maturity sufficient, or the adopters, may request that the surname of origin be maintained, either by adding it or putting it before it the surname of the adopter or one of them; in the absence of an express request, simple adoption is governed by the same rules as full adoption; e) Inheritance law is governed by the provisions of Book Five. ARTICLE 628.- Affiliation or recognition action subsequent to the adoption. After the simple adoption is agreed, the adoption by the adoptee of the action of filiation against their parents, and recognition of the adopted. None of these situations should alter the effects of the adoption established in article 627. ARTICLE 629.- Revocation. Simple adoption is revocable: a) for having incurred the adoptee or the adopter in the causes of indignity provided for in this Code; b) by justified request of the adopted adult; c) by agreement of the adopter and adopted adult of legal age. The revocation extinguishes the adoption from the time the sentence is final and for the future. Once the adoption is revoked, the adoptee loses the adoption surname. However, based on the right to identity, it can be authorized by the judge to keep it. SECTION 4 Integration adoption ARTICLE 630.- Effects between the adoptee and his parent of origin. The adoption of integration always maintains the filial bond and all its effects between the adoptee and the parent of origin, spouse or partner of the adopter. ARTICLE 631.- Effects between the adopted and the adopter. The adoption of integration produces the following effects between the adoptee and the adopter: a) if the adoptee has only one filial bond of origin, it is inserted into the family of the adopter with the effects of full adoption; the rules regarding the ownership and exercise of parental responsibility apply to relationships between the parent of origin, the adopter and the adopted; b) If the adoptee has a double filial bond of origin, the provisions of article 621 apply. ARTICLE 632.- Applicable rules. In addition to what is regulated in the general provisions, the adoption of integration is governed by the following rules: a) the parents of origin must be listened to, except for duly founded serious causes; b) the adopter does not need to be previously registered in the adoptive registry; c) the prohibitions on de facto guardianship do not apply; d) a judicial declaration of the adoptability situation is not required; e) prior guardianship is not required for adoption purposes; f) the requirement that affective and material needs cannot be provided by their family of origin does not govern in accordance with the provisions of article 594. ARTICLE 633.- Revocation. The integration adoption is revocable for the same reasons provided for the simple adoption, has been granted in full or simple. CHAPTER 6 Nullity and registration ARTICLE 634.- Absolute nullities. The adoption obtained in violation of the provisions regarding: a) the age of the adoptee; b) the age difference between adopter and adopted; c) the adoption that would have had a wrongful act as a necessary antecedent, including the alleged or apparent abandonment of the minor from the commission of a crime of which would have been the victim of the minor or his parents; d) the simultaneous adoption by more than one person, except that the adopters are spouses or living partners; e) the adoption of descendants; f) the adoption of brother and unilateral brother among themselves; g) the judicial declaration of the adoptability situation; h) the registration and approval of the registry of adopters; i) the lack of consent of the child over ten years of age, at the exclusive request of the adopted child. ARTICLE 635.- Relative nullity. The adoption obtained in violation of the provisions regarding: a) the minimum age of the adopter; b) defects of consent; c) the right of the child or adolescent to be heard, at the exclusive request of the adoptee. ARTICLE 636.- Supplementary rules. In matters not regulated by this Chapter, the nullities are governed by the provisions of Chapter 9 of Title IV of the First Book. ARTICLE 637.- Registration. The adoption, its revocation, conversion and nullity, must be registered in the Registry of Civil Status and Capacity of Persons. TITLE VII Parental responsibility CHAPTER 1 General principles of parental responsibility ARTICLE 638.- Parental responsibility. Concept. Parental responsibility is the set of duties and rights that correspond to parents on the person and the child's assets, for his protection, development and comprehensive training while he is a minor and has not been emancipated. ARTICLE 639.- General principles. Enumeration. Parental responsibility is governed by the following principles: a) the best interests of the child; b) the progressive autonomy of the child according to his psychophysical characteristics, aptitudes and development. With greater autonomy, the representation of the parents in the exercise of children's rights; c) the child's right to be heard and to have his opinion taken into account according to his age and degree of maturity. ARTICLE 640.- Legal figures derived from parental responsibility. This Code regulates: a) ownership and exercise of parental responsibility; b) the personal care of the child by the parents; c) the guard granted by the judge to a third party. EPISODE 2 Ownership and exercise of parental responsibility ARTICLE 641.- Exercise of parental responsibility. The exercise of parental responsibility corresponds to: a) in case of coexistence with both parents, to them. It is presumed that the acts performed by one have the agreement of the other, with the exception of the assumptions contemplated in article 645, or that expresses opposition; b) in case of cessation of cohabitation, divorce or annulment of marriage, both parents. It is presumed that the acts performed by one have the agreement of the another, with the exceptions of the previous paragraph. By the will of the parents or by judicial decision, in the interest of the child, the exercise can be attributed to only one of them, or establish different modalities; c) in case of death, absence with presumption of death, deprivation of parental responsibility or suspension of the exercise of a parent, the other; d) in the case of an extramarital child with a single filial bond, to the only parent; e) in the case of an extramarital child with a double filial bond, if one was established by judicial declaration, to the other parent. In the interests of the child, the parents by mutual agreement or the judge can decide the joint exercise or establish different modalities. ARTICLE 642.- Disagreement. In case of disagreement between the parents, either of them can go to the competent judge, who must decide by the procedure shorter as provided by local law, after hearing the parents with the intervention of the Public Ministry. If the disagreements are repeated or there is any other cause that seriously hinders the exercise of parental responsibility, the judge can attribute it totally or partially to one of the parents, or distribute their functions among them, for a period that cannot exceed two years. The judge can also order measures interdisciplinary intervention and submit the discrepancies to mediation. ARTICLE 643.- Delegation of the exercise. In the interest of the child and for reasons sufficiently justified, the parents may agree that the exercise of the parental responsibility is granted to a relative, without prejudice to the provisions of article 674. The agreement with the person who accepts the delegation must be judicially approved, the son must necessarily be heard. It has a maximum term of one year, and can be renewed judicially for duly founded reasons, for one more period with the participation of the parties involved. Parents retain ownership of parental responsibility, and retain the right to supervise parenting and education of the child according to their possibilities. The same regime is applicable to the child who only has an established filial link. ARTICLE 644.- Teenage parents. Adolescent parents, whether married or not, exercise parental responsibility for their children, being able to decide and carry out for themselves the tasks necessary for their care, education and health. Persons who exercise parental responsibility for a teenage parent who has a child in their care may object to the performance of acts that result harmful to the child; They can also intervene when the parent fails to take the necessary actions to preserve their proper development. The consent of the adolescent parent must be integrated with the consent of any of their own parents if they are transcendent acts for the life of the child, such as the free and informed decision of its adoption, life-threatening surgical procedures, or other acts that can seriously harm their rights. In case of conflict, the judge must decide through the shortest procedure provided by local law. The full capacity of one of the parents does not modify this regime. ARTICLE 645.- Acts that require the consent of both parents. If the child has a double child bond, the express consent of both parents is required. for the following cases: a) authorize adolescent children between the ages of sixteen and eighteen to marry; b) authorize him to enter religious communities, armed or security forces; c) authorize him to leave the Republic or to change his permanent residence abroad; d) authorize him to stand trial, in the cases in which he cannot act on his own; e) manage the assets of the children, unless the administration has been delegated in accordance with the provisions of this Chapter. In all these cases, if one of the parents does not give their consent or half impossibility to provide it, the judge must decide taking into account the family interest. When the act involves teenage children, their express consent is necessary. CHAPTER 3 Duties and rights of parents. General rules. ARTICLE 646.- Enumeration. The parents' duties are: a) take care of the son, live with him, lend him food and educate him; b) consider the specific needs of the child according to his psychophysical characteristics, aptitudes and maturational development; c) respect the right of the child and adolescent to be heard and to participate in their educational process, as well as in everything related to their very personal rights; d) provide guidance and direction to the child for the exercise and effectiveness of their rights; e) Respect and facilitate the child's right to maintain personal relationships with grandparents, other relatives or people with whom he has an affectionate bond; f) represent and manage the child's assets. ARTICLE 647.- Prohibition of ill-treatment. State aid. Corporal punishment in any form, abuse, and any act that injures or Physically or psychologically impair children or adolescents. Parents can request the help of counseling services in charge of state agencies. CHAPTER 4 Duties and rights regarding childcare ARTICLE 648.- Personal care. Personal care is called the duties and powers of parents regarding the child's daily life. ARTICLE 649.- Classes. When the parents do not live together, the personal care of the child can be assumed by one parent or both. ARTICLE 650.- Modalities of shared personal care. Shared personal care can be alternate or indistinct. In alternate care, the child spends periods of time with each of the parents, according to the organization and possibilities of the family. In the indistinct, the son resides mainly in the home of one of the parents, but both share the decisions and the tasks related to their care are distributed equally. ARTICLE 651.- General rules. At the request of one or both parents or of fi ce, the judge must grant, as a first alternative, shared care of the child with the indistinct modality, except that it is not possible or is harmful to the child. ARTICLE 652.- Right and duty of communication. In the case of care attributed to one of the parents, the other has the right and the duty of fluid communication with the son. ARTICLE 653.- Unilateral personal care. Duty of collaboration. In the exceptional case in which the personal care of the child must be one-person, the judge must weigh: a) the priority of the parent that facilitates the right to maintain regular treatment with the other; b) the age of the child; c) the opinion of the child; d) maintaining the existing situation and respecting the child's life center. The other parent has the right and the duty to collaborate with the partner. ARTICLE 654.- Duty to inform. Each parent must inform the other about education, health and other issues related to the person and property of the child. ARTICLE 655.- Parenting plan. Parents can submit a parenting plan for child care, containing: a) place and time in which the child remains with each parent; b) responsibilities that each one assumes; c) vacation, holidays and other significant dates for the family; d) relationship and communication regime with the child when the child resides with the other parent. The proposed parenting plan can be modified by the parents according to the needs of the family group and the child in its different stages. Parents must seek the child's participation in the parenting plan and its modification. ARTICLE 656.- Non-existence of an approved parenting plan. If there is no agreement or the plan has not been approved, the judge must set the childcare regime and prioritize the indistinct shared modality, except that for well-founded reasons individual or alternate care is more beneficial. Any decision regarding Personal care of the child must be based on specific behaviors of the parent that may harm the well-being of the child or adolescent and discrimination is not admissible founded on sex or sexual orientation, religion, political or ideological preferences or any other condition. ARTICLE 657.- Granting of custody to a relative. In cases of special gravity, the judge can grant custody to a relative for a period of one year, extendable for reasons founded on another equal period. Once the term has expired, the judge must resolve the situation of the child or adolescent through other figures that are regulated in this Code. The guardian has personal care of the child or adolescent and is empowered to make decisions regarding activities of daily living, without prejudice to the fact that parental responsibility remains with the parent (s), who retain the rights and responsibilities arising from this ownership and exercise. CHAPTER 5 Duties and rights of parents. Maintenance obligation ARTICLE 658.- General rule. Both parents have the obligation and the right to raise their children, feed them and educate them according to their condition and fortune, although the Personal care is in charge of one of them. The obligation to provide maintenance to children extends to twenty-one years, unless the obligor proves that the adult child has sufficient resources to provide them for yourself. ARTICLE 659.- Content. The maintenance obligation includes meeting the needs of the children for support, education, leisure, clothing, room, assistance, sickness expenses and the expenses necessary to acquire a profession or occupation. Food is made up of monetary benefits or species and are proportional to the economic possibilities of the obligors and needs of the fed. ARTICLE 660.- Personal care tasks. The daily tasks carried out by the parent who has assumed personal care of the child have an economic value and they constitute a contribution to their maintenance. ARTICLE 661.- Legitimation. The parent who fails to provide food may be sued for: a) the other parent representing the child; b) the child with sufficient maturity with legal assistance; c) subsidiarily, any of the relatives or the Public Ministry. ARTICLE 662.- Eldest child of legal age. The parent living with the adult child is entitled to obtain the contribution of the other until the child meets twenty one years. You can start the maintenance trial or, as the case may be, continue the process promoted during the minority of the child so that the judge determines the quota that corresponds to the other parent. You have the right to collect and manage accrued food contributions. The parties by mutual agreement, or the judge, at the request of one of the parents or the child, may set a sum that the child must receive directly from the non-parent cohabiting. Such sum, administered by the son, is intended to cover the expenses of his daily life, such as recreation, expenses for cultural or educational purposes, clothing or other items deemed relevant. ARTICLE 663.- Eldest son who is trained. The obligation of the parents to provide resources to the child remains until the child reaches the age of twenty-five, if the pursuit of studies or professional preparation of an art or trade, prevents him from providing himself with the necessary means to support himself independently. They can be requested by the son or by the parent with whom he lives; the viability of the order must be proven. ARTICLE 664.- Unrecognized son. The unrecognized extramarital child has the right to provisional maintenance by means of the summary accreditation of the invoked bond. If the lawsuit is promoted before the filiation trial, in the resolution that determines provisional maintenance the judge must establish a term to promote said action, under warning to cease the quota set while that load is unfulfilled. ARTICLE 665.- Pregnant woman. The pregnant woman has the right to claim alimony from the presumed parent with summary proof of the alleged filiation. ARTICLE 666.- Shared personal care. In the case of shared personal care, if both parents have equivalent resources, each should be done support charge when the child remains in your care; if the parents' resources are not equivalent, the one with the highest income should pass a food quota to the other so that the child enjoys the same standard of living in both households. The common expenses must be paid by both parents, pursuant to the provisions of article 658. ARTICLE 667.- Child outside the country or away from their parents. The son who does not live with his parents, who is in a foreign country or in a remote place within the Republic, and in need of resources for food or other urgent items, may be authorized by the local judge or by the representative diplomatic of the Republic, as the case may be, to contract debts that satisfy their needs. If you are a teenager, you do not need any authorization; only the assent of the responsible adult, in accordance with applicable legislation. ARTICLE 668.- Claim to ascendants. Alimony to the ancestors can be claimed in the same process in which the parents are sued or in process diverse; In addition to the provisions of the kinship title, the difficulties of the actor to receive the maintenance of the obligated parent must be credibly credited. ARTICLE 669.- Unpaid food. The maintenance is due from the day of the demand or from the day of the interpellation of the obligor by reliable means, provided that file the lawsuit within six months of the appeal. For the previous period, the parent who took care of the child is entitled to reimbursement of the amount spent in the part corresponding to the non-cohabiting parent. ARTICLE 670.- Measures in the event of non-compliance. The provisions of this Code regarding non-compliance of maintenance between relatives are applicable to maintenance between parents and children. CHAPTER 6 Duties of children ARTICLE 671.- Enumeration. The duties of the children are: a) respect their parents; b) comply with the parents' decisions that are not contrary to their best interests; c) provide parents with collaboration appropriate to their age and development and take care of them or other ancestors in all life circumstances in which their help is necessary. CHAPTER 7 Duties and rights of parents and related children ARTICLE 672.- Related parent. A related parent is the spouse or partner living with the person in charge of personal care of the child or adolescent. ARTICLE 673.- Duties of the related parent. The spouse or partner of one parent must cooperate in the upbringing and education of the other's children, perform the acts activities related to their training in the domestic sphere and making decisions in emergency situations. In case of disagreement between the parent and their spouse or cohabiting prevails the criterion of the parent. This collaboration does not affect the rights of the holders of parental responsibility. ARTICLE 674.- Delegation to the related parent. The parent in charge of the child can delegate to his spouse or partner the exercise of parental responsibility when not was in a position to fully perform the function for reasons of travel, illness or temporary disability, and whenever there is an impossibility for his performance by the other parent, or it would not be convenient for the latter to assume their exercise. This delegation requires judicial approval, unless the other parent expressly agrees. ARTICLE 675.- Joint exercise with the related parent. In the event of the death, absence or incapacity of the parent, the other parent may assume said exercise together with your spouse or partner. This agreement between the parent in the exercise of parental responsibility and his or her spouse or partner must be legally approved. In the event of conflict, the parent opinion. This exercise ends with the breakdown of the marriage or of the coexistence union. It is also extinguished with the recovery of the full capacity of the parent who was not in the exercise of parental responsibility. ARTICLE 676.- Food. The maintenance obligation of the spouse or partner with respect to the children of the other, is subsidiary. This duty ceases in cases of dissolution of the conjugal bond or rupture of coexistence. However, if the change in situation can cause serious harm to the child or adolescent and the spouse or The cohabiting partner assumed the support of the other's son during the life together, a care fee may be set in his charge on a temporary basis, the duration of which must be defined judge according to the conditions of fortune of the obligor, the needs of the fed and the time of coexistence. CHAPTER 8 Representation, disposition and administration of the assets of the minor child ARTICLE 677.- Representation. Parents may be on trial for their child as plaintiffs or defendants. It is presumed that the adolescent child has sufficient autonomy to intervene in a process jointly with the parents, or autonomously with assistance. lawyer. ARTICLE 678.- Opposition to the trial. If one or both parents object to the adolescent's child bringing a civil action against a third party, the judge may authorize the child to intervene in the process with due legal assistance, after hearing the opponent and the Public Ministry. ARTICLE 679.- Judgment against the parents. The minor child can claim his parents for his own interests without prior judicial authorization, if he has with sufficient age and degree of maturity and legal assistance. ARTICLE 680.- Adolescent son on trial. The adolescent son does not need authorization from his parents to be on trial when he is criminally accused, nor to recognize children. ARTICLE 681.- Contracts for services of the child under the age of sixteen. A child under the age of sixteen cannot exercise a profession, profession or industry, nor compel his person otherwise without authorization from their parents; in any case, the provisions of this Code and of special laws must be complied with. ARTICLE 682.- Contracts for services of the eldest son of sixteen years. Parents cannot contract for services to be provided by their teenage child or for to learn a trade without their consent and in accordance with the requirements provided in special laws. ARTICLE 683.- Presumption of authorization for a child over the age of sixteen. It is presumed that the child over the age of sixteen who is in any job, profession or industry, He is authorized by his parents for all acts and contracts concerning employment, profession or industry. In any case, the provisions of this Code and with special regulations regarding child labor. The rights and obligations arising from these acts fall solely on the assets whose administration is in charge of the son himself. ARTICLE 684.- Low-value contracts. The contracts for the small amount of daily life concluded by the son, are presumed to be made with the agreement of the parents. ARTICLE 685.- Administration of goods. The administration of the child's assets is jointly exercised by the parents when both are exercising the parental responsibility. Conservatory acts can be awarded indistinctly by either parent. This provision applies regardless of whether the care is one-person or shared. ARTICLE 686.- Exceptions to administration. The following administration assets are excepted: a) those acquired by the child through work, employment, profession or industry, which are administered by the child, even if he lives with his parents; b) those inherited by the son for the unworthiness of his parents; c) those acquired by inheritance, legacy or donation, when the donor or testator has expressly excluded the administration of the parents. ARTICLE 687.- Voluntary appointment of administrator. The parents can agree that one of them manages the child's assets; in that case, the parent administrator needs the express consent of the other for all acts that also require judicial authorization. ARTICLE 688.- Disagreements. In the event of serious or persistent disagreements over the administration of the property, either parent may appeal to the judge to to designate one of them or, failing that, a suitable third party to exercise the function. ARTICLE 689.- Prohibited contracts. The parents cannot make any contract with the child who is under their responsibility, except the provisions for free donations provided for in article 1549. They may not, even with judicial authorization, purchase by themselves or by an interposed person, their child's property or become assignees of credits, rights or actions against your son; nor to make private partition with his son of the inheritance of the pre-deceased parent, nor of the inheritance in which they are joint heirs or colleagues; nor compel your child as guarantors of them or third parties. ARTICLE 690.- Contracts with third parties. Parents can enter into contracts with third parties on behalf of their child within the limits of their administration. They must inform the son who has the age and degree of maturity sufficient. ARTICLE 691.- Location contracts. The location of the child's assets made by the parents implies the condition of extinction when the responsibility parental conclude. ARTICLE 692.- Acts that need judicial authorization. Court authorization is required to dispose of the child's assets. Acts performed without authorization may be declared void if they harm the child. ARTICLE 693.- Obligation to carry out an inventory. In the three months following the death of one of the parents, the survivor must make a judicial inventory of the property of the spouses or of the cohabitants, and to determine in it the property that corresponds to the child, under penalty of a pecuniary fine to be set by the judge at the request from an interested party. ARTICLE 694.- Loss of administration. Parents lose the administration of the child's property when it is ruinous, or its ineptitude is proven to manage them. The judge can declare the loss of the administration in cases of bankruptcy or of the parent who manages the child's assets. ARTICLE 695.- Administration and deprivation of parental responsibility. The parents lose the administration of the child's assets when they are deprived of the parental responsibility. ARTICLE 696.- Removal of the administration. Removed one of the parents of the administration of the goods, this corresponds to the other. If both are removed, the Judge must appoint a special guardian. ARTICLE 697.- Income. The income from the child's property corresponds to it. Parents are obliged to preserve them taking care that they are not confused with their own goods. They can only dispose of the income from the child's property with judicial authorization and for well-founded reasons, for the benefit of the children. Parents can be held accountable at the son's request, presuming his maturity. ARTICLE 698.- Use of income. Parents can use the income from the child's property without judicial authorization but with an obligation to account, when it comes to paying the following expenses: a) subsistence and education of the child when the parents cannot assume this responsibility at their expense due to incapacity or economic difficulty; b) of illness of the child and of the person who has instituted the child's heir; c) capital preservation, accrued during the minority of the child. CHAPTER 9 Termination, deprivation, suspension and rehabilitation of parental responsibility ARTICLE 699.- Termination of ownership. The ownership of parental responsibility is extinguished by: a) death of the parent or child; b) profession of the parent in a monastic institute; c) reaching the age of majority; d) emancipation, except as provided in article 644; e) adoption of the child by a third party, without prejudice to the possibility of restitution in the event of revocation and annulment of the adoption; extinction does not occur when adopt the child of the spouse or partner. ARTICLE 700.- Deprivation. Either parent is deprived of parental responsibility for: a) be convicted as the author, co-author, instigator or accomplice of a malicious crime against the person or property of the child in question; b) abandonment of the child, leaving him in a total state of vulnerability, even when he is under the care of the other parent or the care of a third party; c) endangering the security, physical or mental health of the child; d) the child's adoptability status has been declared. In the cases provided for in subsections a), b) and c) the deprivation takes effect from the judgment declaring the deprivation; in the case provided for in subsection d) since declared the state of adoptability of the child. ARTICLE 701.- Rehabilitation. The deprivation of parental responsibility can be annulled by the judge if the parents, or one of them, shows that the Restitution is justified for the benefit and interest of the child. ARTICLE 702.- Suspension of the exercise. The exercise of parental responsibility is suspended while it lasts: a) the declaration of absence with the presumption of death; b) the term of the sentence to confinement and imprisonment for more than three years; c) the declaration by final judgment of the limitation of capacity for serious mental health reasons that prevent the parent from exercising this; d) the child's coexistence with a third party, separated from their parents for serious reasons, in accordance with the provisions of special laws. ARTICLE 703.- Cases of deprivation or suspension of exercise. If one of the parents is deprived of parental responsibility or suspended in his practice, the other continue to exercise it. Failing this, the corresponding processes for guardianship or adoption are initiated, depending on the situation, and always for the benefit and interest of the child or adolescent. ARTICLE 704.- Subsistence of the alimentary duty. The maintenance by the parents subsists during the deprivation and the suspension of the exercise of the responsibility parental. TITLE VIII Family processes CHAPTER 1 General disposition ARTICLE 705.- Scope of application. The provisions of this title are applicable to family matters, without prejudice to what the law provides in cases specific. ARTICLE 706.- General principles of family processes. The family process must respect the principles of effective judicial protection, immediacy, good faith and procedural loyalty, informality, orality and limited access to the file. a) The rules governing the procedure must be applied in order to facilitate access to justice, especially in the case of vulnerable people, and the resolution peaceful conflict. b) The judges before these cases must be specialized and have multidisciplinary support. c) The decision made in a process in which children or adolescents are involved, must take into account the best interests of these people. ARTICLE 707.- Participation in the process of people with restricted capacity and of children and adolescents. Older people with restricted capacity and Children and adolescents have the right to be heard in all processes that directly affect them. Your opinion must be taken into account and valued according to your degree of discernment and the issue debated in the process. ARTICLE 708.- Limited access to the file. Access to the file in family proceedings is limited to the parties, their representatives and lawyers and assistants designated in the process. In the event that the proceedings are offered as evidence before another court, their remission must be ordered if the purpose of the petition justifies it and their reservation is guaranteed. ARTICLE 709.- Official principle. In family processes, the procedural impulse is in charge of the judge, who can order evidence unofficially. The informal impulse does not proceed in matters of an exclusively economic nature in which the parties are capable persons. ARTICLE 710.- Principles related to the test. Family processes are governed by the principles of freedom, breadth and fl exibility of evidence. The burden of proof Finally, it rests with who is in the best conditions to prove. ARTICLE 711.- Witnesses. Relatives and relatives of the parties may be offered as witnesses. However, depending on the circumstances, the judge is empowered not to admit the declaration of minors, or relatives who refuse to provide statement for good reason. EPISODE 2 Family status actions ARTICLE 712.- Non-waivability and imprescriptibility. The actions of family status are inalienable and imprescriptible, without prejudice to their extinction in the form and in the cases that the law establishes. The economic rights that are a consequence of the family status are subject to prescription. ARTICLE 713.- Personal Inherence. The actions of family status are personal and cannot be exercised by way of subrogation. They are only transmitted by cause of death in cases where the law establishes it. ARTICLE 714.- Expiration of the marriage annulment action for the death of one of the spouses. The marriage annulment action cannot be attempted after the death of one of the spouses, except that: a) is deducted by a spouse against the following marriage contracted by their spouse; if the nullity of the marriage of the demanding spouse is opposed, it must be resolved previously this opposition; b) it is deduced by the surviving spouse of the person who contracted marriage mediating impediment of marriage and has been celebrated ignoring the subsistence of the previous bond; c) it is necessary to determine the plaintiff's right and absolute nullity is invoked by descendants or ascendants. The marriage annulment action deducted by the Public Ministry can only be promoted in the life of both spouses. ARTICLE 715.- Sentence of nullity. No marriage can be considered null and void without a sentence annulling it, issued in a process promoted by a party entitled to do what. CHAPTER 3 Competition rules ARTICLE 716.- Processes related to the rights of children and adolescents. In the processes related to parental responsibility, guardianship, care, communication, maintenance, adoption and others that decide in the main form or that modify the resolution in another jurisdiction of the national territory on the rights of boys, girls and adolescents, the judge of the place where the minor has his or her center of life is competent. ARTICLE 717.- Divorce and annulment proceedings of the marriage. In divorce or nullity actions, those related to them and those that deal with the effects of the sentence, The judge of the last conjugal domicile or that of the defendant at the choice of the plaintiff, or that of either spouse if the filing is joint, is competent. If the insolvency or bankruptcy of one of the spouses has been declared, in the liquidation of the matrimonial property regime, the judge of the collective process is competent. ARTICLE 718.- Coexistence unions. In disputes arising from cohabitation unions, the judge of the last coexistence domicile or that of the defendant is competent at the choice of the actor, ARTICLE 719.- Alimony and compensatory pensions between spouses or cohabitants. In actions for maintenance or compensatory pensions between spouses or cohabitants, the judge of the last conjugal or coexistence domicile, or that of the bene fi ciary's domicile, or that of the defendant, or that where the maintenance obligation, at the choice of the actor. ARTICLE 720.- Affiliation action. In the filing action, unless the actor is a minor or with restricted capacity, the judge of the domicile is competent of the defendant. CHAPTER 4 Provisional measures ARTICLE 721.- Provisional measures relating to persons in divorce and annulment of marriage. Deducted the action for annulment or divorce, or earlier in case of As a matter of urgency, the judge can take the provisional measures necessary to regulate personal relationships between spouses and children during the process. You can especially: a) Determine, taking into account the family interest, which of the spouses is to continue in the use of the family home and, after an inventory, which assets are withdrawn by the spouse who leaves the property; b) if applicable, establish the income for the exclusive use of the home by one of the spouses; c) order the delivery of objects for personal use; d) to provide for a regime of food and exercise and childcare in accordance with the provisions of Title VII of this Book; e) determine the maintenance requested by the spouse taking into account the guidelines established in article 433. ARTICLE 722.- Provisional measures relating to assets in divorce and annulment of marriage. Deducted the action for annulment or divorce, or earlier in case of urgently, at the request of a party, the judge must establish security measures to prevent the administration or disposition of property by one of the spouses from putting endangered, make uncertain or defraud the property rights of the other, whatever the marital property regime. You can also order measures to individualize the existence of assets or rights of which the spouses were holders. The decision that accepts these measures must establish a period of duration ARTICLE 723.- Scope of application. Articles 721 and 722 are applicable to cohabitation unions, as appropriate. THIRD BOOK PERSONAL RIGHTS TITLE I General obligations CHAPTER 1 General disposition ARTICLE 724.- Definition. The obligation is a legal relationship by virtue of which the creditor has the right to demand from the debtor a benefit intended to satisfy a licit interest and, in the event of default, to obtain the satisfaction of said interest. ARTICLE 725.- Requirements. The provision that constitutes the object of the obligation must be material and legally possible, lawful, determined or determinable, capable of economic valuation and must correspond to a patrimonial or extra-patrimonial interest of the creditor. ARTICLE 726.- Cause. There is no obligation without cause, that is, without it deriving from some suitable fact to produce it, in accordance with the legal system. ARTICLE 727.- Proof of the existence of the obligation. Presumption of legitimate source. The existence of the obligation is not presumed. The interpretation regarding the existence and extent of the obligation is restrictive. Once the obligation has been proven, it is presumed that it arises from a legitimate source as long as the contrary is not proven. ARTICLE 728.- Moral duty. What is delivered in fulfillment of moral or conscientious duties is unrepeatable. ARTICLE 729.- Good faith. Debtor and creditor must act with care, foresight and according to the requirements of good faith. ARTICLE 730.- Effects in relation to the creditor. The obligation entitles the creditor to: a) use the legal means for the debtor to procure for him what he has been obliged to do; b) have it procured by another at the debtor's expense; c) Obtain the corresponding compensation from the debtor. If the breach of the obligation, whatever its source, results in judicial or arbitration litigation, the responsibility for the payment of costs, including fees professionals of all kinds, accrued there and corresponding to the first or only instance, must not exceed twenty-five percent of the amount of the judgment, award, transaction or instrument that puts an end to the dispute. If the fee regulations practiced in accordance with local customs or customs laws, corresponding to all professions and specialties, exceed this percentage, the judge must proceed to prorate the amounts among the bene fi ciaries. For the computation of the indicated percentage, no You must consider the amount of the fees of the professionals who have represented, sponsored or assisted the party ordered to pay the costs. ARTICLE 731.- Effects in relation to the debtor. The exact fulfillment of the obligation gives the debtor the right to obtain the release and the right to reject the actions of the creditor. ARTICLE 732.- Acting of auxiliaries. Equalization principle. The breach of the persons of whom the debtor uses for the execution of the obligation is equates the derivative of the fact of the obligor. ARTICLE 733.- Recognition of the obligation. The recognition consists of a manifestation of will, expressed or tacit, by which the debtor admits being obliged to fulfillment of a benefit. ARTICLE 734.- Recognition and autonomous promise. Recognition may refer to a previous title or cause; it can also constitute an autonomous promise of debt. ARTICLE 735.- Causal recognition. If the act of recognition aggravates the original benefit, or modifies it to the detriment of the debtor, it must be in the original title, otherwise there is a new and lawful cause of duty. EPISODE 2 Shares and common guarantee of creditors SECTION 1 Direct action ARTICLE 736.- Direct action. Direct action is the one that corresponds to the creditor to receive what a third party owes to its debtor, up to the amount of the credit itself. The creditor it exercises it in its own right and for its exclusive benefit. It is exceptional, is restrictive in interpretation, and only proceeds in the cases expressly provided by the law. ARTICLE 737.- Exercise requirements. The exercise of direct action by the creditor requires compliance with the following requirements: a) a creditable credit from the creditor against his own debtor; b) a correlatable callable debt of the third party defendant in favor of the debtor; c) homogeneity of both credits among themselves; d) neither of the two credits must have been seized prior to the promotion of direct action; e) summons of the debtor to trial. ARTICLE 738.- Effects. Direct action produces the following effects: a) the notification of the demand causes the seizure of the credit in favor of the plaintiff; b) the claim can only prosper up to the lesser amount of the two obligations; c) the third party defendant can oppose the progress of the action all the defenses he has against his own creditor and against the plaintiff; d) the amount received by the actor goes directly to his assets; e) the debtor is released from his creditor to the extent that it corresponds based on the payment made by the defendant. SECTION 2 Subrogatory action ARTICLE 739.- Subrogation action. The creditor of a certain credit, enforceable or not, can judicially exercise the economic rights of his debtor, if he is remiss in to do so and that omission affects the collection of your credit. The creditor does not enjoy any preference over the assets obtained by that means. ARTICLE 740.- Summons of the debtor. The debtor must be summoned to take part in the respective trial. ARTICLE 741.- Rights excluded. The following are excluded from the subrogatory action: a) the rights and actions that, by their nature or by provision of the law, can only be exercised by their owner; b) the rights and actions subtracted from the collective guarantee of the creditors; c) mere powers, except that their exercise may result in an improvement in the debtor's equity situation. ARTICLE 742.- opposable defenses. All exceptions and causes of extinction of your credit can be opposed to the creditor, even when they come from the debtor's acts subsequent to the lawsuit, provided that they are not in fraud of the creditor's rights. SECTION 3 Common guarantee of creditors ARTICLE 743.- Assets that constitute the guarantee. The present and future assets of the debtor constitute the common guarantee of its creditors. The creditor can demand the Judicial sale of the debtor's assets, but only to the extent necessary to satisfy his credit. All creditors can execute these assets in an equal position, unless there is a legal cause of preference. ARTICLE 744.- Assets excluded from the common guarantee. The following are excluded from the guarantee provided in article 743: a) the clothes and furniture of indispensable use of the debtor, his spouse or partner, and his children; b) the instruments necessary for the personal exercise of the debtor's profession, art or trade; c) the graves affected at their destination, unless their sale, construction or repair price is claimed; d) property affected by any religion recognized by the State; e) the rights of usufruct, use and habitation, as well as the property easements, which can only be executed under the terms of articles 2144, 2157 and 2178; f) the indemnities that correspond to the debtor for moral damage and material damage derived from injuries to his psychophysical integrity; g) the compensation for maintenance that corresponds to the spouse, the partner and the children with alimony, in case of homicide; h) the other assets declared unattachable or excluded by other laws. ARTICLE 745.- Priority of the first embargoer. The creditor who obtained the seizure of assets from his debtor has the right to collect his credit, interest and costs, with preference to other creditors. This priority is only enforceable against unsecured creditors in individual proceedings. If several creditors seize the same property of the debtor, the rank among them is determined by the date of the measure's lock. Subsequent embargoes should only affect the surplus that remains after the credits that have obtained previous embargoes have been paid. CHAPTER 3 Classes of obligations SECTION 1 Obligations to give 1st paragraph General disposition ARTICLE 746.- Effects. The debtor of a certain thing is obliged to keep it in the same state in which it was when it contracted the obligation, and deliver it with its accessories, even if they were momentarily separated from it. ARTICLE 747.- Delivery. Either party has the right to request the inspection of the thing in the act of delivery. Receiving the thing by the creditor makes presume the absence of apparent defects and the adequate quality of the thing, without prejudice to the provisions on the obligation of sanitation in Section 4, Chapter 9, Title II of the Third Book. ARTICLE 748.- Delivery of closed or covered furniture. When a movable thing is delivered under cover and without inspection at the time of tradition, the creditor It has an expiration period of three days from receipt to claim for defects in quantity, quality or apparent defects. ARTICLE 749.- Obligation to give certain things to transfer the use or possession. Remission. When the obligation to give a certain thing is intended to transfer only the use or possession of it, the rules contained in the special titles apply. 2nd paragraph Obligations to give certain thing to constitute real rights ARTICLE 750.- Tradition. The creditor does not acquire any real rights to the thing before the tradition, except as otherwise provided by law. ARTICLE 751.- Improvements. Concept and classes. Improvement is the increase in the intrinsic value of the thing. Improvements can be natural or artificial. The arti fi cial ones, coming in fact of man, they are classified as necessary, useful and mere luxury, recreation or luxury. ARTICLE 752.- Natural improvement. Effects. Natural enhancement empowers the debtor to demand higher value. If the creditor does not accept it, the obligation is extinguished, without liability for any party. ARTICLE 753.- Artificial improvements. The debtor is obliged to make the necessary improvements, without the right to perceive its value. You have no right to claim compensation for useful improvements or for those of mere luxury, recreation or luxury, but you can withdraw them as long as they do not deteriorate the thing. ARTICLE 754.- Fruits. Until the day of tradition, the fruits received belong to the debtor; from that date, accrued and unearned fruits will correspond to the creditor. ARTICLE 755.- Risks of the thing. The owner bears the risks of the thing. Cases of deterioration or loss, with or without fault, are governed by the provisions of the impossibility of compliance. ARTICLE 756.- Concurrence of several creditors. Property. If several creditors claim the same real estate promised by the debtor, they are all in good standing. faith and for consideration, you have a better right: a) the one with a registration location and tradition; b) he who has received the tradition; c) the one with the previous registration location; d) in the other cases, the one with the title of a certain previous date. ARTICLE 757.- Concurrence of several creditors. Movable property. If several creditors claim the same movable thing promised by the debtor, they are all in good faith and for consideration, you have a better right: a) the one with the previous registration location, in the case of recordable personal property; b) the one that has received the tradition, if it were not registrable; c) in the other cases, the one with the previous certain date title. ARTICLE 758.- Frustrated creditor. The creditor in good faith who is frustrated in his right, retains his action against the debtor to claim damages suffered. 3rd paragraph Obligations to give to return ARTICLE 759.- General rule. In the obligation to give to return, the debtor must deliver the thing to the creditor, who for his part can demand it. If the person who must return obliged himself to hand over the thing to more than one creditor, the debtor must hand it over to the owner, after a valid summons to the others who have claimed it. ARTICLE 760.- Delivery of the thing to those who are not the owner. Non-recordable assets. In relation to third parties, when the obligation to give certain things is to restore them to its owner, if the thing is non-registrable furniture and the debtor makes, onerously, tradition of it to another by transfer or constitution of pledge, the creditor does not have right against the holders in good faith, but only when the thing was stolen or lost. In all cases it has it against the holders of bad faith. ARTICLE 761.- Delivery of the thing to those who are not the owner. Recordable assets. If the thing is registered real estate or furniture, the creditor has real action against third parties that they apparently acquired real rights over it, or that they have it in their possession by any contract made with the debtor. 4th paragraph Gender obligations ARTICLE 762, - Individualization. The obligation to give is gender if it falls on things determined only by their species and quantity. The things due in a gender obligation must be individualized. The choice corresponds to the debtor, unless the contrary results from the convention of the parties. The choice must fall on something of average quality, and can be made by means of an express or tacit will. ARTICLE 763.- Period prior to individualization. Before the individualization of the due thing, the fortuitous case does not free the debtor. After the choice is made, The rules on the obligation to give certain things apply. 5th paragraph Obligations relating to goods that are not things ARTICLE 764.- Application of standards. The rules of Paragraphs 1, 2, 3 and 4 of this Section apply, as appropriate, to cases in which the provision due It consists of transmitting, or making available to the creditor, a good that is not a thing. 6th paragraph Obligations to give money ARTICLE 765.- Concept. The obligation is to give money if the debtor owes a certain amount of currency, determined or determinable, at the time of constitution of the obligation. If by the act by which the obligation has been established, it was stipulated to give currency that is not legal tender in the Republic, the obligation must be considered as give amounts of things and the debtor can be released by giving the equivalent in legal tender. ARTICLE 766.- Obligation of the debtor. The debtor must deliver the corresponding amount of the designated species. ARTICLE 767.- Compensatory interest. The obligation can carry interest and those agreed between the debtor and the creditor are valid, as well as the rate set for settlement. If it was not agreed by the parties, nor by law, nor does it result from custom, the compensatory interest rate may be set by the judges. ARTICLE 768.- Default interests. From its default the debtor owes the corresponding interests. The rate is determined: a) by what the parties agree; b) as provided by special laws; c) in subsidy, for rates that are set according to the regulations of the Central Bank. ARTICLE 769.- Punitive interests. Conventional punitive interests are governed by the rules that regulate the penal clause. ARTICLE 770.- Anatocism. No interest is owed from the interest, except that: a) an express clause authorizes the accumulation of interest on capital with a periodicity of not less than six months; b) the obligation is sued judicially; in this case, the accumulation operates from the date of the notification of the demand; c) the obligation is settled judicially; In this case, the capitalization occurs since the judge orders to pay the resulting sum and the debtor is delinquent in doing so; d) other legal provisions provide for accumulation. ARTICLE 771.- Judicial powers. Judges can reduce interest when the fixed rate or the result that causes the capitalization of interest exceeds, without justifiably and disproportionately, the average cost of money for debtors and similar operations in the place where the obligation was contracted. Interest paid in excess is charged to capital and, once it is extinguished, it can be repeated. ARTICLE 772.- Quantification of a security. If the debt consists of a certain value, the resulting amount must refer to the real value at the appropriate time to take into account for debt evaluation. It can be expressed in a currency without legal tender that is commonly used in traffic. Once the value is quantified in money the provisions of this Section apply. SECTION 2 Obligations to do and not to do ARTICLE 773.- Concept. The obligation to do is one whose object is to provide a service or to carry out a fact, in time, place and mode. agreed by the parties. ARTICLE 774.- Provision of a service. The provision of a service may consist of: a) in carrying out a certain activity, with appropriate diligence, regardless of its success. Clauses that commit good offices, or apply the best efforts are included in this subsection; b) in obtaining from the creditor a certain specific result, regardless of its effectiveness; c) in procuring to the creditor the promised effective result. The turnkey or product on hand clause is included in this subsection. If the result of the debtor's activity consists of one thing, the rules of the obligations to give certain things to constitute real rights apply to its delivery. ARTICLE 775.- Realization of a fact. The person obligated to carry out an act must comply with it in a time and manner consistent with the intention of the parties or with the nature of the obligation. If he does it in another way, the benefit is considered unfulfilled, and the creditor can demand the destruction of the bad done, provided that such requirement is not abusive. ARTICLE 776.- Incorporation of third parties. The provision may be performed by a person other than the debtor, unless the convention, the nature of the obligation or from the circumstances it turns out that he was chosen for his qualities to carry it out personally. This choice is presumed in contracts that represent a trust special. ARTICLE 777.- Forced execution. Failure to comply with the benefit entitles the creditor to: a) require specific compliance; b) enforce it by third parties at the debtor's expense; c) claim damages. ARTICLE 778.- Obligation not to do. It is one that is intended to abstain from the debtor or to tolerate the activity of others. Your imputable breach allows you to claim the physical destruction of what was done, and the damages. SECTION 3 Alternative obligations ARTICLE 779.- Concept. The alternative obligation has as its object a provision among several that are independent and different from each other. The debtor is obliged to comply only one of them. ARTICLE 780.- Election. Subjects. Effects. Unless otherwise stipulated, the power to choose corresponds to the debtor. The option that corresponds to several people requires unanimity. If the party to whom the election corresponds does not pronounce opportunely, the option faculty passes to the other. If that power has been deferred to a third party and the latter does not choose within the established period, it is up to the debtor to designate the object of the payment. In periodic obligations, the choice made once does not imply a waiver of the power to opt in the future. The choice is irrevocable since it is communicated to the other party or since the debtor executes some of the services, even partially. Once performed, the chosen benefit is considered unique from its origin, and the rules of the obligations to give, to do or not to do apply, as appropriate. ARTICLE 781.- Regular alternative obligation. In cases where the choice corresponds to the debtor and the alternative is between two benefits, the following apply rules: a) If one of the benefits is impossible for reasons beyond the responsibility of the parties, or attributable to the liability of the debtor, the obligation is concentrated on the remaining; If the impossibility comes from causes attributable to the creditor's responsibility, the debtor has the right to choose between considering his obligation fulfilled; or meet the provision that is still possible and claim damages arising from the greater onerousness caused by the payment made, in relation to which it was impossible; b) if all benefits are impossible, and the impossibility is successive, the obligation is concentrated on the latter, except if the impossibility of any of them is due to causes that compromise the creditor's liability; in this case, the debtor has the right to choose which one is released; c) if all benefits are impossible for causes attributable to the debtor's responsibility, and the impossibility is simultaneous, it is released by delivering the value of any of it; if they are for causes attributable to the creditor's responsibility, the debtor has the right to consider his obligation with one fulfilled and to claim damages and damages arising from the greater onerousness caused by the payment made, in relation to which it was impossible; d) if all benefits are impossible due to causes beyond the responsibility of the parties, the obligation is extinguished. ARTICLE 782.- Irregular alternative obligation. In cases where the choice corresponds to the creditor and the alternative is between two benefits, the following rules: a) If one of the benefits is impossible for reasons beyond the responsibility of the parties, or attributable to the liability of the creditor, the obligation is concentrated in the rest; If the impossibility comes from causes attributable to the debtor's responsibility, the creditor has the right to choose between claiming the benefit that is possible, or the value of which is impossible; b) if all benefits are impossible and the impossibility is successive, the obligation is concentrated on the latter, except that the impossibility of the former is due to causes that compromise the debtor's responsibility; in this case the creditor has the right to claim the value of any of the benefits; c) if all benefits are impossible for causes attributable to the creditor's liability, and the impossibility is simultaneous, the creditor has the right to choose with which of them is satisfied, and owes the debtor the damages arising from the greatest onerousness that the payment made reports to him; if they are for causes attributable to the responsibility of the debtor, the creditor has the right to choose with the value of which of them is satisfied; d) if all benefits are impossible due to causes beyond the responsibility of the parties, the obligation is extinguished. ARTICLE 783.- Election by a third party. The options conferred on the debtor and the creditor in articles 781 and 782 may also be exercised, in favor of the former, by a third party to whom the election has been entrusted. ARTICLE 784.- Choice of modalities or circumstances. If the obligation authorizes the election regarding its modalities or circumstances, the rules apply precedents on the right to make the option and its legal effects. ARTICLE 785.- Limited gender obligations. The provisions of this Section apply to obligations in which the debtor must deliver an uncertain thing but comprised within a number of certain things of the same species. SECTION 4 Optional obligations ARTICLE 786.- Concept. The optional obligation has a main and an accessory benefit. The creditor can only demand the principal, but the debtor can be released fulfilling the accessory. The debtor has until the moment of payment to exercise the power to choose. ARTICLE 787.- Extinction. The optional obligation is extinguished if the main benefit is impossible, without prejudice to the corresponding liability. ARTICLE 788.- Case of doubt. In case of doubt as to whether the obligation is alternative or optional, it is an alternative. ARTICLE 789.- Option between modalities and circumstances. If the obligation authorizes the option regarding its modalities or circumstances, the rules apply precedents. SECTION 5 Obligations with a penal clause and penalty penalties ARTICLE 790.- Concept. The criminal clause is that by which a person, to ensure compliance with an obligation, is subject to a penalty or fine in the event of delay or not execute the obligation. ARTICLE 791.- Object. The criminal clause may have as its object the payment of a sum of money, or any other benefit that may be the object of the obligations, either be for the benefit of the creditor or a third party. ARTICLE 792.- Breach. The debtor who does not fulfill the obligation in the agreed time owes the penalty, if he does not prove the strange cause that suppresses the causal relationship. The exemption from the fortuitous case must be interpreted and applied restrictively. ARTICLE 793.- Relationship with the compensation. The penalty or fine imposed in the obligation compensates the damages when the debtor was in default; and the creditor is not entitled to other compensation, even if it proves that the penalty is not sufficient reparation. ARTICLE 794.- Execution. To request the penalty, the creditor is not obliged to prove that he has suffered damages, nor can the debtor exempt himself from satisfying it, proving that the creditor suffered no harm. Judges can reduce penalties when their amount is disproportionate to the seriousness of the fault that they sanction, taking into account the value of the benefits and others. circumstances of the case, configure an abusive use of the debtor's situation. ARTICLE 795.- Obligations not to do. In the obligations of not doing the debtor incurs the penalty from the moment he executes the act from which he was forced to abstain. ARTICLE 796.- Debtor options. The debtor can be exempted from complying with the obligation to pay the penalty only if this right is expressly reserved. ARTICLE 797.- Creditor options. The creditor cannot request the fulfillment of the obligation and the penalty, but one of the two, at its discretion, unless it has been stipulated the penalty for the simple delay, or that it has been stipulated that the payment of the penalty is not understood as extinguished the main obligation. ARTICLE 798.- Proportional decrease. If the debtor fulfills only part of the obligation, or fulfills it in an irregular way, or outside the place or time at which it is forced, and the creditor accepts it, the sentence must be reduced proportionally. ARTICLE 799.- Severability. Whether the main obligation is divisible or indivisible, each of the co-debtors or of the debtor's heirs does not incur the penalty but rather proportion of its part, as long as the obligation of the criminal clause is divisible. ARTICLE 800.- Indivisibility. If the obligation of the penal clause is indivisible, or if it is solidary but divisible, each of the co-debtors, or of the joint heirs of the debtor, is obliged to satisfy the entire sentence. ARTICLE 801.- Nullity. The nullity of the obligation with a criminal clause does not cause that of the main clause. The nullity of the main cause is that of the penal clause, except if the The obligation with a criminal clause was contracted by another person, in the event that the principal was null due to the debtor's lack of capacity. ARTICLE 802.- Extinction of the main obligation. If the main obligation is extinguished without the fault of the debtor, the penal clause is also extinguished. ARTICLE 803.- Obligation not required. The penal clause has effect, even if it is put to ensure compliance with an obligation that at the time of concluding the Ancillary could not be required judicially, provided it is not condemned by law. ARTICLE 804.- Compensation sanctions. Judges can impose for the benefit of the right holder, pecuniary condemnations on those who do not they fulfill legal duties imposed in a judicial resolution. Convictions must be graduated in proportion to the economic flow of the person who must satisfy them and can be left without effect or readjusted if the latter desists from its resistance and fully or partially justifies its proceeding. The observance of judicial mandates issued to public authorities is governed by the rules of administrative law. SECTION 6 Divisible and indivisible obligations 1st paragraph Divisible obligations ARTICLE 805.- Concept. Divisible obligation is the one whose object is benefits capable of partial fulfillment. ARTICLE 806.- Requirements. The legally divisible benefit requires the concurrence of the following requirements: a) be materially fractional, so that each of its parts has the same quality of the whole; b) the value of the object is not significantly affected, nor is its use and enjoyment uneconomical, due to the division. ARTICLE 807.- Unique debtor and creditor. If there is only one debtor and one creditor, the benefit must be fully fulfilled, even if its object is divisible. ARTICLE 808.- Principle of division. If the divisible obligation has more than one creditor or more than one debtor, it must be divided into as many equal credits or debts, as there are creditors or debtors, provided that the constitutive title does not determine different proportions. Each part is equivalent to a diverse and independent provision. Creditors are entitled to their installment and debtors are not liable for the insolvency of the rest. ARTICLE 809.- Limit of divisibility. The divisibility of the obligation cannot be invoked by the co-debtor in whose charge the payment of the entire debt is left. ARTICLE 810.- Right to reimbursement. In cases where the debtor pays more than his share of the debt: a) if you do it knowing that you pay a foreign debt in the excess, the subrogation rules for execution of the benefit by a third party apply; b) if he does so without cause, because he believes that he is fully indebted, or because the creditor has already received the excess, the undue payment rules apply. ARTICLE 811.- Participation. The participation among the creditors of what one of them receives from more is determined in accordance with the provisions of article 841. ARTICLE 812.- Solidarity case. If the divisible obligation is also joint and several, the rules of joint and several obligations apply, and active or passive solidarity, according to it corresponds. 2nd paragraph Indivisible obligations ARTICLE 813.- Concept. Obligations not subject to partial compliance are indivisible. ARTICLE 814.- Indivisibility cases. There is indivisibility: a) if the benefit cannot be materially divided; b) if indivisibility is agreed; in case of doubt as to whether it was agreed that the obligation be indivisible or joint and several, it is considered joint and several; c) if provided by law. ARTICLE 815.- Indivisible benefits. The benefits corresponding to the obligations are considered indivisible: a) to give a certain thing; b) to do, except if they have been agreed by unit of measure and the debtor has the right to partial release; c) not to do; d) accessory, if the main one is indivisible. ARTICLE 816.- Right of creditors to full payment. Each of the creditors has the right to demand the entire payment from any of the co-debtors, or from all they, simultaneously or successively. ARTICLE 817.- Right to pay. Either co-debtor is entitled to pay the entire debt to any of the creditors. ARTICLE 818.- Extinction modes. The unanimity of the creditors is required to extinguish the credit for transaction, novation, dation in payment and remission. Same collection requires the assignment of credit, but not compensation. ARTICLE 819.- Responsibility of each co-debtor. The default of one of the debtors or one of the creditors, and the factors of attribution of responsibility of one or another, they do not harm others. ARTICLE 820.- Contribution. If one of the debtors pays the entire debt, or repairs all the damages, or makes expenses in the common interest, he is entitled to claim from others the contribution of the value of what you have invested in their interest, with the scope determined by article 841. ARTICLE 821.- Participation. If one of the creditors receives the entire credit or the repair of the damages, or more than their quota, the others are entitled to pay the value of what corresponds to them according to the participation quota of each one of them, with the scope determined by article 841. They have the same right if the credit is totally or partially extinguished, by legal compensation. ARTICLE 822.- Extinctive prescription. The expiration prescription fulfilled is callable by any of the debtors against any of the creditors. The interruption and suspension of the course of extinctive prescription are governed by the provisions of Book Six. ARTICLE 823.- Subsidiary regulations. The rules regarding solidarity obligations are subsidiarily applicable to indivisible obligations. ARTICLE 824.- Improper indivisibility. The provisions of this paragraph apply to obligations whose fulfillment can only be demanded by all creditors. together, or performed by all debtors together, except those that grant each the right to collect or pay individually. SECTION 7 Obligations of plural subject 1st paragraph Simply pooled obligations ARTICLE 825.- Concept. The simply joint obligation is one in which the credit or debt is divided into so many independent private relationships each other as creditors or debtors. The respective installments are considered different debts or credits from each other. ARTICLE 826.- Effects. The effects of the simply joint obligation are governed by the provisions of Section 6 of this Chapter, depending on whether its purpose is divisible or indivisible. 2nd paragraph Solidarity obligations. General disposition ARTICLE 827.- Concept. There is solidarity in the obligations with a plurality of subjects and originated in a single cause when, by reason of the constituent title or the law, its Full compliance can be demanded of any of the debtors, by any of the creditors. ARTICLE 828.- Sources. Solidarity is not presumed and must arise unequivocally from the law or from the title establishing the obligation. ARTICLE 829.- Application criteria. Subject to the provisions of this Paragraph and the following two, it is considered that each of the joint debtors, in the passive solidarity, and each of the co-creditors, in active solidarity, represents the others in the acts that it performs as such. ARTICLE 830.- Circumstances of the links. The incapacity and restricted capacity of any of the solidary creditors or debtors does not harm or benefit the situation of others; nor the existence of modalities in this regard. ARTICLE 831.- Defenses. Each of the debtors can oppose to the creditor the defenses common to all of them. The personal defenses can be exclusively opposed by the debtor or creditor to whom they correspond, and have value only against the co-creditor to whom they refer. Without However, they can expand their effects to other co-debtors in a limited way, and allow a reduction in the total amount of the debt that is claimed, up to concurrence of the party belonging to the debt to the co-debtor who can invoke them. ARTICLE 832.- Judged thing. The sentence issued against one of the co-debtors is not enforceable against the others, but they can invoke it when it is not based on personal circumstances of the defendant co-debtor. The debtor cannot oppose to the other co-creditors the sentence obtained against one of them; but the co-creditors can oppose it to the debtor, without prejudice to the personal exceptions that it has in front of each one of them. 3rd paragraph Passive solidarity ARTICLE 833.- Right to collect. The creditor has the right to request payment to one, several or all co-debtors, simultaneously or successively. ARTICLE 834.- Right to pay. Any of the joint and several debtors has the right to pay the entire debt, without prejudice to the provisions of article 837. ARTICLE 835.- Extinction modes. Subject to special provisions, extinction modes affect, as the case may be, the obligation, or the quota of a debtor solidarity, according to the following rules: a) the obligation is extinguished in the whole when one of the joint and several debtors pays the debt; b) the obligation is also extinguished in the whole if the creditor renounces his credit in favor of one of the joint and several debtors, or if there is novation, payment in payment or compensation between the creditor and one of the joint and several debtors; c) The confusion between the creditor and one of the joint and several debtors only extinguishes the amount of the debt that corresponds to it. The subsisting obligation retains the character solidary; d) the transaction made with one of the joint debtors, takes advantage of the others, but cannot be opposed to them. ARTICLE 836.- Absolute extinction of solidarity. If the creditor, without renouncing the credit, expressly renounces the solidarity for the benefit of all the debtors solidary, consenting to the division of the debt, it becomes simply joint. ARTICLE 837.- Relative extinction of solidarity. If the creditor, without renouncing the credit, expressly or tacitly renounces solidarity for the benefit of only one of the joint and several debtors, the debt continues to be joint and several with respect to the others, with deduction of the quota corresponding to the beneficiary debtor. ARTICLE 838.- Responsibility. The default of one of the solidary debtors harms the others. If compliance becomes impossible for reasons attributable to a co-debtor, the others are responsible for the equivalent of the due benefit and compensation for damages. The consequences of willful non-compliance with one of the debtors are not supported by the others. ARTICLE 839.- Interruption and suspension of the prescription. The interruption and suspension of the course of extinctive prescription are governed by the provisions of Title I from the Sixth Book. ARTICLE 840.- Contribution. The debtor who makes the payment can repeat it from the other co-debtors according to the participation that each one has in the debt. The action of return does not proceed if the debt has been remitted free of charge. ARTICLE 841.- Determination of the contribution quota. Contribution quotas are successively determined according to: a) the agreement; b) the source and purpose of the obligation or, where appropriate, the cause of the responsibility; c) the relationships of the interested parties among themselves; d) other circumstances. If by application of these criteria it is not possible to determine the contribution quotas, it is understood that they participate in equal parts. ARTICLE 842.- Insolvency case. The fee corresponding to insolvent co-debtors is covered by all the obligors. ARTICLE 843.- Death of a debtor. If one of the solidary debtors dies and leaves several heirs, the debt enters the undivided mass and any of the creditors You can object to the goods being delivered to the heirs or legatees without having been previously paid. After the partition, each heir is obliged to pay according to the share that corresponds to the hereditary credit. 4th paragraph Active solidarity ARTICLE 844.- Right to collection. The creditor, or each creditor, or all of them together, can claim the debtor the entire obligation. ARTICLE 845.- Prevention of a creditor. If one of the joint and several creditors has sued the debtor for collection, payment can only be made by the debtor to the plaintiff creditor. ARTICLE 846.- Extinction modes. Subject to special provisions, extinguishing modes affect, as the case may be, the obligation, or the share of a creditor solidarity, according to the following rules: a) the obligation is extinguished in the whole when one of the solidary creditors receives the payment of the credit; b) as long as any of the joint creditors has not demanded payment from the debtor, the obligation is also extinguished in full if one of them renounces his credit in favor of the debtor, or if there is novation, dation in payment or compensation between one of them and the debtor; c) the confusion between the debtor and one of the joint creditors only extinguishes the amount of the credit that corresponds to it; d) the transaction made by one of the joint creditors with the debtor is not opposable to the other creditors, unless they want to take advantage of it. ARTICLE 847.- Participation. Solidarity creditors are entitled to participation with the following scope: a) if one of the solidary creditors receives the entire credit or the repair of the damage, or more than its quota, the others are entitled to pay the value of the that corresponds to them according to the participation quota of each one; b) In the cases of subsection b) of article 846, the other joint creditors have the right to participation, if there was a waiver of the credit or legal compensation for the payment of each on the original credit; and if there was conventional or optional compensation, novation, payment or transaction, for the share of each in the original credit, or for the one that would correspond to each one according to the result of the extinctive acts, at their choice; c) the solidary creditor who makes reasonable expenses in the common interest has the right to claim from others the participation in the reimbursement of its value. ARTICLE 848.- Participation fees. The participation quotas of joint creditors are determined in accordance with the provisions of article 841. ARTICLE 849.- Death of a creditor. If one of the solidary creditors dies, the credit is divided among his heirs in proportion to his participation in the inheritance. After the partition, each heir is entitled to receive according to the share that corresponds to the hereditary credit. SECTION 8 Concurrent obligations ARTICLE 850.- Concept. Concurrent obligations are those in which several debtors owe the same object due to different causes. ARTICLE 851.- Effects. Except for special provision to the contrary, the concurrent obligations are governed by the following rules: a) the creditor has the right to request payment to one, several or all co-debtors, simultaneously or successively; b) the payment made by one of the debtors extinguishes the obligation of the other competing obligors; c) the payment in payment, the transaction, the novation and the compensation made with one of the concurrent debtors, as long as they fully satisfy the creditor's interest, they extinguish the obligation of the other competing obligors or, where appropriate, partially extinguish it to the extent satisfied; d) the confusion between the creditor and one of the concurrent debtors and the waiver of the credit in favor of one of the debtors does not extinguish the debt of the other obligors concurrent; e) the prescription fulfilled and the interruption and suspension of its course do not produce expansive effects with respect to the other competing parties; f) the default of one of the debtors does not produce expansionary effects with respect to the other co-debtors; g) the sentence passed in res judicata authority issued against one of the co-debtors is not enforceable against the others, but they can invoke it when it is not based on personal circumstances of the defendant co-debtor; h) The contribution action of the debtor who pays the debt against the other competing obligors is governed by the causal relationships that originate the concurrence. ARTICLE 852.- Subsidiary regulations. The rules relating to solidarity obligations are subsidiarily applicable to concurrent obligations. SECTION 9 Disjunctive obligations ARTICLE 853.- Scopes. If the obligation must be fulfilled by one of several subjects, unless otherwise stipulated, the creditor chooses which of them must make the payment. As long as the creditor does not sue one of the subjects, any of them has the right to pay. He who pays has no right to demand contribution or reimbursement from others obligated subjects. ARTICLE 854.- Active disjunction. If the obligation must be fulfilled in favor of one of several subjects, unless otherwise stipulated, the debtor chooses which of these make the payment. The demand of one of the creditors to the debtor does not extinguish the right of the latter to pay any of them. He who receives the payment is not obliged to participate it with others. ARTICLE 855.- Applicable rules. The rules of simply pooled obligations apply, in the alternative. SECTION 10 Principal and accessory obligations ARTICLE 856.- Definition. Main obligations are those whose existence, legal regime, effectiveness and functional development are autonomous and independent of any other binding bond. Rights and obligations are accessory to a main obligation when they depend on it in any of the aspects previously indicated, or when they are essential to satisfy the creditor's interest. ARTICLE 857.- Effects. The extinction, nullity or ineffectiveness of the main credit, extinguish the accessory rights and obligations, except legal or conventional provision in contrary. SECTION 11 Accountability ARTICLE 858.- Definitions. Account is understood to be the description of the background, facts and financial results of a business, even if it consists of a singular act. There is accountability when they are brought to the attention of the interested person, in accordance with the provisions of the following articles. ARTICLE 859.- Requirements. Accountability must: a) be done in a descriptive and documented way; b) include the references and explanations reasonably necessary for their understanding; c) to accompany the receipts of the income and the expenses, except that it is of use not to extend them; d) agree with the books kept by the person who renders them. ARTICLE 860.- Obligation to render accounts. They are obliged to render accounts, except express resignation of the interested party: a) who acts in the interest of others, even in his own name; b) those who are part of relationships of continuous execution, when the rendering is appropriate to the nature of the business; c) who must do so by legal provision. Accountability can be private, except if the law provides that it must be done before a judge. ARTICLE 861.- Opportunity. Accounts must be rendered at the time stipulated by the parties, or provided by law. Failing that, accountability must be made: a) at the conclusion of the business; b) if the business is of continuous execution, also at the end of each period or at the end of each calendar year. ARTICLE 862.- Approval. The rendering of accounts can be expressly or tacitly approved. There is tacit approval if it is not observed within the agreed or arranged term. by law or, failing that, within thirty days of being filed in due form. However, it can be observed due to calculation or registration errors within the term of expiration of one year of receipt. ARTICLE 863.- Relations of continued execution. In relationships of continuous execution if the accountability of the last period is approved, it is presumed that so were the returns corresponding to the previous periods. ARTICLE 864.- Balances and documents of the interested party. Once the accounts are approved: a) your balance must be paid within the term agreed or provided by law or, failing that, within ten days; b) the person obliged to render them must return to the interested party the titles and documents that have been delivered to him, except for instructions of a personal nature. CHAPTER 4 Payment SECTION 1 General disposition ARTICLE 865.- Definition. Payment is the fulfillment of the provision that constitutes the object of the obligation. ARTICLE 866.- Applicable rules. The rules of legal acts apply to payment, subject to the provisions of this Chapter. ARTICLE 867.- Object of payment. The object of the payment must meet the requirements of identity, integrity, punctuality and location. ARTICLE 868.- Identity. The creditor is not obliged to receive and the debtor is not entitled to fulfill a different provision than the one due, whatever its value. ARTICLE 869.- Integrity. The creditor is not obliged to receive partial payments, except otherwise provided by law or agreement. If the obligation is in part liquid and partly illiquid, the debtor can pay the liquid part. ARTICLE 870.- Obligation with interests. If the obligation is to give a sum of money with interest, the payment is only in full if it includes the capital plus the interest. ARTICLE 871.- Payment time. Payment must be made: a) if the obligation is immediately enforceable, at the time of its birth; b) if there is a certain term, certain or uncertain, the day of its expiration; c) if the term is tacit, at the time when, according to the nature and circumstances of the obligation, it must be fulfilled; d) if the term is undetermined, at the time set by the judge, at the request of either party, by the shortest procedure provided by local law. ARTICLE 872.- Advance payment. The payment prior to the expiration of the term does not give the right to demand discounts. ARTICLE 873.- Designated place of payment. The place of payment can be established by agreement of the parties, expressly or tacitly. ARTICLE 874.- Place of payment not designated. If nothing has been indicated, the place of payment is the debtor's domicile at the time of the birth of the obligation. If the debtor is move, the creditor has the right to demand payment at the current or previous address. The same option corresponds to the debtor, when the place of payment is the domicile of the creditor. This rule does not apply to obligations: a) to give a certain thing; in this case, the place of payment is where the thing is usually found; b) of bilateral obligations of simultaneous fulfillment; in this case, the place of payment is where the main benefit must be fulfilled. ARTICLE 875.- Validity. Payment must be made by person with capacity to arrange. ARTICLE 876.- Payment in fraud to creditors. Payment must be made without fraud to creditors. In this case, the revocation action regulations apply and, in its case, that of bankruptcy law. ARTICLE 877.- Payment of seized or pledged credits. The credit must be expedited. The payment of a seized or pledged credit is unenforceable to the creditor pledge or garnishment. ARTICLE 878.- Property of the thing. The fulfillment of an obligation to give certain things to constitute real rights requires that the debtor owns the thing. The payment by means of a thing that does not belong to the debtor is governed by the norms relative to the purchase and sale of another's thing. ARTICLE 879.- Active legitimation. The debtor has the right to pay. If there are several debtors, the right to pay of each of them is governed by the provisions corresponding to the category of their obligation. ARTICLE 880.- Effects of payment by the debtor. The payment made by the debtor that satisfies the creditor's interest, extinguishes the credit and releases it. ARTICLE 881.- Execution of the service by a third party. The service can also be performed by a third party, unless the conditions have been taken into account special debtor, or there is joint opposition of the creditor and the debtor. Third party interested is the person to whom the default of the debtor can cause a patrimonial impairment, and can pay against the individual or joint opposition of the creditor and the debtor. ARTICLE 882.- Effects produced by the execution of the service by a third party. The execution of the service by a third party does not extinguish the credit. The third has action against the debtor with the same scope as: a) the agent executing the service with the consent of the debtor; b) the business manager acting in ignorance of it; c) who files the enrichment action without cause, if he acts against the will of the debtor. You can also exercise the action that arises from the subrogation by execution of the benefit by a third party. ARTICLE 883.- Legitimation to receive payments. The payment made is extinguishing the credit: a) the creditor, or its assignee or surrogate; if there are several creditors, the right to collection of each of them is governed by the provisions corresponding to the category of their obligation; b) at the order of the judge who ordered the attachment of the loan; c) to the third party indicated to receive payment, in whole or in part; d) to whoever owns the title of credit extended to the bearer, or endorsed in white, except founded suspicion of not belonging to the document, or of not being authorized for the payment; e) to the apparent creditor, if the person who makes the payment acts in good faith and from the circumstances the right invoked is plausible; the payment is valid, even if later expired in judgment on the right it invokes. ARTICLE 884.- Rights of the creditor against the third party. The creditor has the right to claim from the third party the value of what he has received: a) in the case of subsection c) of article 883, pursuant to the terms of the internal relationship between the two; b) in the cases of subsections d) and e) of article 883, in accordance with the rules of undue payment. ARTICLE 885.- Payment to an incapable person or with restricted capacity and to an unlawful third party. The payment made to an incapable person or with capacity is not valid restricted not authorized by the judge to receive payments, nor to a third party not authorized by the creditor to receive it, except upon ratification by the creditor. However, the payment produces effects to the extent that the creditor has benefited. SECTION 2 Blackberry ARTICLE 886.- Default of the debtor. Beginning. Automatic default. Default of the creditor. The debtor's default occurs only after the time set for compliance of the obligation. The creditor is in default if the debtor makes an offer of payment in accordance with article 867 and unreasonably refuses to receive it. ARTICLE 887.- Exceptions to the principle of automatic default. The automatic default rule does not apply to obligations: a) subject to a tacit term; if the term is not expressly determined, but is tacitly derived from the nature and circumstances of the obligation, on the date that according to the uses and in good faith, must be followed; b) subject to an indefinite term proper; if there is no deadline, the judge, at the request of a party, must set it by the shortest procedure provided by local law, to unless the creditor chooses to accumulate the deadline and compliance actions, in which case the debtor is in default on the date indicated by the judgment for the fulfillment of the obligation. In case of doubt as to whether the term is tacit or indeterminate itself, it is considered to be tacit. ARTICLE 888.- Exemption. To exempt from the legal consequences derived from the delay, the debtor must prove that it is not attributable to him, whatever the place of payment. of the obligation. SECTION 3 Payment to best fortune ARTICLE 889.- Principle. The parties may agree that the debtor pay when he can, or improve his fortune; in this case, the rules of obligations apply to undetermined period. ARTICLE 890.- Burden of proof. The creditor can claim the fulfillment of the benefit, and it is up to the debtor to demonstrate that his financial status prevents him pay. In case of conviction, the judge can fix the payment in installments. ARTICLE 891.- Death of the debtor. The best fortune payment clause is presumed to be established for the exclusive benefit of the debtor; the debt is passed on to the heirs as a pure and simple obligation. SECTION 4 Competition benefit ARTICLE 892.- Definition. The competition bene fi t is a right that is granted to certain debtors, to pay what they can, according to the circumstances, and until they improve their fortune. ARTICLE 893.- People included. The creditor must grant this benefit: a) to their ascendants, descendants and collaterals up to the second degree, if they have not incurred any cause of unworthiness to succeed; b) his spouse or partner; c) the donor in terms of enforcing the donation. SECTION 5 Proof of payment ARTICLE 894.- Burden of proof. The burden of proof is on: a) in the obligations to give and to do, on who invokes the payment; b) in the obligations not to do, on the creditor who invokes the default. ARTICLE 895.- Means of proof. Payment can be proven by any means except that the stipulation or the law provides for the use of a specific one, or covered with certain formalities. ARTICLE 896.- Receipt. The receipt is a public or private instrument in which the creditor acknowledges having received the due benefit. ARTICLE 897.- Right to demand receipt. Compliance with the obligation gives the debtor the right to obtain proof of the corresponding release. The Creditor may also require a receipt proving receipt. ARTICLE 898.- Inclusion of reservations. The debtor may include reservations of rights in the receipt and the creditor is obliged to record them. The inclusion of these reserves does not damages the rights of the person who extends the receipt. ARTICLE 899.- Presumptions regarding payment. It is presumed, except proof to the contrary that: a) if a balance receipt is granted, all debts corresponding to the obligation for which it was granted are canceled; b) if the payment corresponding to one of the periods is received, the previous ones are canceled, whether a single deferred execution benefit is due, the fulfillment of which it is carried out by partial payments, or in the case of successive benefits that arise over time; c) if a receipt for the payment of the main benefit is issued, without the credit accessories, and no reservation is made, these are extinguished; d) if moratorium damage is owed, and upon receiving the payment the creditor does not make a reservation regarding it, the debt for that damage is extinguished. SECTION 6 Payment imputation ARTICLE 900.- Imputation by the debtor. If the obligations towards a single creditor have as their object benefits of the same nature, the debtor has the power to declare, at the time of making the payment, by which of them it must be understood that it does. The choice must fall on liquid and past due debt. If you owe capital and interest, the payment cannot be attributed to the main debt without the consent of the creditor. ARTICLE 901.- Imputation by the creditor. If the debtor does not impute the payment, the creditor is empowered to do so at the time of receiving it, according to these rules: a) You must attribute it to any of the liquid and payable debts; b) once one or more debts have been totally canceled, you can apply the balance to the partial cancellation of any of the others. ARTICLE 902.- Legal imputation. If the debtor or creditor does not impute the payment, it is imputed: a) firstly, to the most onerous expired term obligation for the debtor; b) when the debts are equally onerous, the payment is imputed pro rata. ARTICLE 903.- Payment on account of capital and interest. If the payment is made on account of capital and interest and your order is not specified, it is first charged to interest, not to be that the creditor gives receipt for capital account. SECTION 7 Payment by consignment 1st paragraph Judicial deposit ARTICLE 904.- Cases in which it proceeds. Payment by consignment proceeds when: a) the creditor was in default; b) there is uncertainty about the person of the creditor; c) the debtor cannot make a safe and valid payment for a cause that is not attributable to him. ARTICLE 905.- Requirements. Payment by consignment is subject to the same payment requirements. ARTICLE 906.- Form. The payment by consignment is governed by the following rules: a) if the benefit consists of a sum of money, its deposit is required at the order of the intervening judge, in the bank established by the procedural rules; b) if an indeterminate thing is owed at the choice of the creditor and the latter is delinquent in practicing the choice, once the term of the judicial summons made to the creditor, the judge authorizes the debtor to carry it out; c) if the things owed cannot be kept or their custody causes excessive expenses, the judge can authorize the sale at auction, and order the deposit of the price that is get. ARTICLE 907.- Effects. The judicial consignment, not contested by the creditor, or declared valid for meeting the payment requirements, extinguishes the debt from the day that demand is notified. If the deposit is defective, and the debtor subsequently remedies its defects, the extinction of the debt occurs from the date of notification of the judgment that the admits. ARTICLE 908.- Delinquent debtor. The delinquent debtor can deposit the benefit due with the accrued accessories until the day of the deposit. ARTICLE 909.- Withdrawal. The debtor has the right to withdraw the deposit before the creditor accepts it or it has been declared valid. Subsequently it can only withdraw with the express agreement of the creditor, who in that case loses the action against the co-debtors, the guarantors and the guarantors. 2nd paragraph Extrajudicial deposit ARTICLE 910.- Provenance and procedure. Without prejudice to the provisions of Paragraph 1, the debtor of a sum of money may choose the procedure of consignment extrajudicial. To this end, you must deposit the amount owed before a notary public of record, in the name and available to the creditor, fulfilling the following requirements: a) previously notify the creditor, in a reliable manner, of the day, time and place where the deposit will be made; b) make the deposit of the sum due with the interest accrued until the day of the deposit; This deposit must be reliably notified to the creditor by the notary public within forty-eight business hours of completion; if it is impossible to practice the notification, the debtor must record judicially. ARTICLE 911.- Rights of the creditor. Once notified of the deposit, within the fifth business day of notification, the creditor has the right to: a) accept the procedure and withdraw the deposit, being in charge of the debtor the payment of the expenses and fees of the notary public; b) reject the procedure and withdraw the deposit, being in charge of the creditor the payment of the expenses and fees of the notary public; c) reject the procedure and the deposit, or not issue it. In both cases, the debtor can dispose of the amount deposited to be entered in court. ARTICLE 912.- Rights of the creditor who withdraws the deposit. If the creditor withdraws the deposit and rejects the payment, you can judicially claim a higher amount or consider it insufficient or demand the repetition of what was paid for expenses and fees, considering that it was not in default, or both. On the receipt you must make reserves its right, otherwise it is considered that the payment is liberatory from the day of the deposit. To sue, it has an expiration term of thirty days computed from receipt with reservation. ARTICLE 913.- Impediments. You cannot go to the procedure provided in this Paragraph if, before the deposit, the creditor chose to terminate the contract or demanded compliance with the obligation. SECTION 8 Payment by subrogation ARTICLE 914.- Payment by subrogation. The payment by subrogation transmits to the third party that pays all the rights and actions of the creditor. The subrogation can be legal or conventional. ARTICLE 915.- Legal subrogation. Legal subrogation takes place in favor of: a) the one who pays a debt to which he was obligated with others, or by others; b) of the third party, interested or not, who pays with the consent of the debtor or in his ignorance; c) the interested third party who pays even with the opposition of the debtor; d) the heir with limited liability who pays with his own funds a debt of the deceased. ARTICLE 916.- Conventional subrogation by the creditor. The creditor may subrogate in his rights the third party that pays. ARTICLE 917.- Conventional subrogation by the debtor. The debtor who pays the creditor with third-party funds may subrogate the lender. For it to have the effects provided for in these standards it is necessary that: a) both the loan and the payment consist of instruments with a certain earlier date; b) on the receipt state that the funds belong to the surrogate; c) in the loan instrument it is established that with this money the debtor's obligation will be fulfilled. ARTICLE 918.- Effects. The payment by subrogation transmits to the third party all the rights and actions of the creditor, and the accessories of the credit. The third surrogate maintains the actions against the co-associates, guarantors, and personal and real guarantors, and the privileges and the right of retention, if any. ARTICLE 919.- Limits. The transmission of credit has the following limitations: a) the surrogate can only exercise the transferred right up to the value of what has been paid; b) the co-debtor of an obligation of a plural subject can only claim from the other co-debtors the part that each of them corresponds to fulfill; c) the conventional subrogation may be limited to certain rights or actions. ARTICLE 920.- Partial subrogation. If the payment is partial, the third party and the creditor concur with the debtor proportionally. CHAPTER 5 Other modes of extinction SECTION 1 Compensation ARTICLE 921.- Definition. The compensation of the obligations takes place when two people, in their own right, meet the quality of creditor and debtor reciprocally, whatever the causes of one or another debt. It extinguishes with force of payment the two debts, up to the amount of the minor, from the time in which both obligations began to coexist in conditions of being compensable. ARTICLE 922.- Species. The compensation can be legal, conventional, optional or judicial. ARTICLE 923.- Requirements for legal compensation. For legal compensation: a) both parties must be debtors of giving benefits; b) the objects included in the services must be homogeneous among themselves; c) the credits must be demandable and freely available, without affecting the right of third parties. ARTICLE 924.- Effects. Once opposed, legal compensation produces its effects from the moment in which both reciprocal debts coexist in conditions of being compensated, even if the credit is not liquid or is contested by the debtor. ARTICLE 925.- Deposit. The creditor may oppose the compensation of what the creditor owes him or the main debtor. But the latter cannot oppose the creditor the offsetting your debt with the debt of the creditor to the surety. ARTICLE 926.- Plurality of debts of the same debtor. If the debtor has several compensable debts with the same creditor, the imputation rules of the payment. ARTICLE 927.- Optional compensation. Optional compensation acts by the will of only one of the parties when it waives a missing requirement for the legal compensation that works in your favor. It produces its effects from the moment it is communicated to the other party. ARTICLE 928.- Judicial compensation. Either party has the right to require a judge to declare the compensation that has occurred. The claim it can be deducted simultaneously with the defenses related to the credit of the other party or, alternatively, in the event that those defenses do not prosper. ARTICLE 929.- Conventional exclusion. Compensation can be conventionally excluded. ARTICLE 930.- Non-compensable obligations. They are not compensable: a) food debts; b) the obligations to do or not to do; c) the obligation to pay damages and interests for not being able to restitute the thing that the owner or legitimate owner was stripped; d) the debts that the legatee has with the deceased if the assets of the inheritance are insufficient to satisfy the remaining obligations and legacies; e) debts and credits between individuals and the national, provincial or municipal State, when: i) the debts of individuals come from the auction of assets belonging to the Nation, province or municipality; tax revenue, direct or indirect contributions or other payments to be made at customs, such as storage or warehouse fees; ii) debts and credits belong to different ministries or departments; iii) the credits of the individuals are included in the consolidation of debts against the State provided by law. f) the credits and the debts in the insolvency and bankruptcy, except in the scopes in which it is foreseen by the special law; g) the debt of the obligor to return an irregular deposit. SECTION 2 Confusion ARTICLE 931.- Definition. The obligation is extinguished by confusion when the qualities of creditor and debtor meet in the same person and in the same heritage. ARTICLE 932.- Effects. The obligation is extinguished, totally or partially, in proportion to the part of the debt in which the confusion occurs. SECTION 3 Novation ARTICLE 933.- Definition. The novation is the extinction of an obligation by the creation of a new one, destined to replace it. ARTICLE 934.- Will to Nova. The will to innovate is an essential requirement for innovation. In case of doubt, it is presumed that the new obligation contracted to fulfill the above does not cause its extinction. ARTICLE 935.- Modi fi cations that do not matter novation. The delivery of documents signed by the debtor in payment of the debt and, in general, any modification accessory of the primitive obligation, does not entail novation. ARTICLE 936.- Novation due to change of debtor. The novation for change of debtor requires the consent of the creditor. ARTICLE 937.- Renewal due to change of creditor. The novation for change of creditor requires the consent of the debtor. If this consent is not given, there is assignment of credit. ARTICLE 938.- Circumstances of the previous obligation. There is no novation, if the previous obligation: a) it is extinguished, or affected by absolute nullity; when it comes to relative nullity, the novation is worth, if at the same time it is confirmed; b) it was subject to suspensive condition and, after the novation, the conditioning event fails; or a retroactive resolution condition, and the conditioning fact is fulfilled; in In these cases, the new obligation produces the effects that, as such, correspond to it, but does not replace the previous one. ARTICLE 939.- Circumstances of the new obligation. There is no novation and the previous obligation remains, if the new one: a) it is affected by absolute nullity, or relative nullity and is not subsequently confirmed; b) it is subject to a suspensive condition, and the conditioning event fails; or a retroactive resolution condition and the conditioning fact is fulfilled. ARTICLE 940.- Effects. The novation extinguishes the original obligation with its accessories. The creditor can prevent the extinction of the personal or real guarantees of the old credit by reservation; in such case, the guarantees pass to the new obligation only if the person who constituted them participated in the novation agreement. ARTICLE 941.- Legal Novation. The provisions of this Section apply supplementally when the novation occurs by provision of the law. SECTION 4 Settlement ARTICLE 942.- Definition. The obligation is extinguished when the creditor voluntarily accepts in payment a benefit other than that owed. ARTICLE 943.- Applicable rules. The payment in payment is governed by the provisions applicable to the contract with which it has the greatest affinity. The debtor responds for the eviction and the redhibitory vices of the delivered; These effects do not revive the primitive obligation, except express agreement and without prejudice to third parties. SECTION 5 Waiver and referral ARTICLE 944.- Characters. Any person can waive the rights conferred by law when the waiver is not prohibited and only affects private interests. I dont know admits the early resignation of the defenses that can be asserted in court. ARTICLE 945.- Onerous and free resignation. If the resignation is made for a price, or in exchange for any advantage, it is governed by the principles of the contracts. onerous. The free waiver of a right can only be made by someone who has the capacity to donate. ARTICLE 946.- Acceptance. The acceptance of the resignation by the beneficiary causes the extinction of the right. ARTICLE 947.- Retraction. The resignation can be retracted as long as it has not been accepted, the rights acquired by third parties being safe. ARTICLE 948.- Proof. The will to resign is not presumed and the interpretation of the acts that allow inducing it is restrictive. ARTICLE 949.- Form. The resignation is not subject to special forms, even when it refers to rights that appear in a public instrument. ARTICLE 950.- Remission. The debt is considered remitted, unless proven otherwise, when the creditor voluntarily delivers to the debtor the original document in which the debt is recorded. If the document is a protocolized instrument and its testimony or copy is in the possession of the debtor without recording the payment or remittance, and the payment or remittance in the original document, the debtor must prove that the creditor gave the testimony of the copy as a remittance of the debt. ARTICLE 951.- Applicable rules. The provisions on the waiver apply to the remission of the debt made by the creditor. ARTICLE 952.- Effects. The remission of the debt produces the effects of the payment. However, the referral in favor of the plaintiff does not benefit the debtor. The one made in favor of one of several guarantors does not take advantage of others. ARTICLE 953.- Partial payment of the guarantor. The guarantor who paid a part of the debt before the remission made to the debtor, cannot repeat the payment against the creditor. ARTICLE 954.- Delivery of the thing given as a pledge. The restitution to the debtor of the thing given in pledge causes only the remission of the pledge, but not the remission of the debt. SECTION 6 Impossibility of compliance ARTICLE 955.- Definition. The supervening, objective, absolute and definitive impossibility of the benefit, produced by fortuitous event or force majeure, extinguishes the obligation, without responsibility. If the impossibility occurs due to causes attributable to the debtor, the obligation modifies its object and becomes that of paying compensation for the damage caused. ARTICLE 956.- Temporary impossibility. The supervening, objective, absolute and temporary impossibility of the benefit has an extinguishing effect when the term is essential, or when its duration frustrates the creditor's interest irreversibly. TITLE II Contracts in general CHAPTER 1 General disposition ARTICLE 957.- Definition. Contract is the legal act by which two or more parties express their consent to create, regulate, modify, transfer or terminate patrimonial legal relations. ARTICLE 958.- Freedom of contract. The parties are free to enter into a contract and determine its content, within the limits imposed by law, the order public, morals and good customs. ARTICLE 959.- Binding effect. All validly concluded contracts are mandatory for the parties. Its content can only be modified or extinguished by agreement of parties or in the cases in which the law provides. ARTICLE 960.- Powers of the judges. Judges do not have the power to modify the stipulations of contracts, except at the request of one of the parties. when authorized by law, or ex officio when public order is manifestly affected. ARTICLE 961.- Good faith. Contracts must be concluded, interpreted and executed in good faith. They oblige not only what is formally expressed, but all consequences that can be considered included in them, with the scope in which a careful and proactive contracting party would have reasonably been obliged. ARTICLE 962.- Nature of the legal norms. The legal regulations relating to contracts are supplementary to the will of the parties, unless their way of expression, its content, or its context, its unavailable character. ARTICLE 963.- Normative priority. When provisions of this Code and any special law concur, the rules are applied in the following order of priority: a) unavailable norms of the special law and this Code; b) particular rules of the contract; c) supplementary norms of the special law; d) supplementary rules of this Code. ARTICLE 964.- Integration of the contract. The content of the contract is integrated with: a) the unavailable rules, which are applied in substitution of the clauses incompatible with them; b) the supplementary rules; c) the uses and practices of the venue, insofar as they are applicable because they have been declared mandatory by the parties or because they are widely known and regularly observed in the area in which the contract is concluded, except that its application is unreasonable. ARTICLE 965.- Property right. The rights resulting from contracts make up the contractor's property right. EPISODE 2 Classification of contracts ARTICLE 966.- Unilateral and bilateral contracts. Contracts are unilateral when one of the parties agrees to the other without the latter being bound. Are bilateral when the parties mutually oblige each other. The rules of bilateral contracts apply supplementally to plurilateral contracts. ARTICLE 967.- Contracts for consideration and free of charge. Contracts are for consideration when the advantages that they provide to one of the parties are granted by a provision that she has made or is obliged to make to the other. They are free of charge when they assure one or the other of the contractors some advantage, independent of all benefit at your expense. ARTICLE 968.- Commutative and random contracts. Contracts for consideration are commutative when the advantages for all contractors are certain. Are random, when the advantages or the losses, for one of them or for all, depend on an uncertain event. ARTICLE 969.- Formal contracts. Contracts for which the law requires a form for their validity, are void if the solemnity has not been satisfied. When the way required for contracts, it is only so that they produce their own effects, without sanction of nullity, they are not concluded as such while the intended instrument, but they are valid as contracts in which the parties were obliged to comply with the expressed formality. When the law or the parties do not impose a form determined, this should constitute only a means of proof of the conclusion of the contract. ARTICLE 970.- Nominated and unnamed contracts. Contracts are nominated and unnamed according to whether the law specifically regulates them or not. The unnamed contracts are governed, in the following order, by: a) the will of the parties; b) the general rules on contracts and obligations; c) the uses and practices of the venue; d) the provisions corresponding to related nominated contracts that are compatible and appropriate to their purpose. CHAPTER 3 Formation of consent SECTION 1 Consent, offer and acceptance ARTICLE 971.- Formation of consent. Contracts are concluded upon receipt of acceptance of an offer or by conduct of the parties that is enough to demonstrate the existence of an agreement. ARTICLE 972.- Offer. The offer is the manifestation directed to a determined or determinable person, with the intention of being bound and with the necessary details to establish the effects it must produce if accepted. ARTICLE 973.- Invitation to bid. The offer addressed to undetermined persons is considered as an invitation for them to make offers, except that their terms or the circumstances of its issuance results in the intention to contract the offeror. In this case, it is understood as issued by time and under the conditions admitted by the uses. ARTICLE 974.- Mandatory force of the offer. The offer binds the proposer, unless the contrary results from its terms, the nature of the business or the circumstances of the case. The offer made to a person present or made by an instant means of communication, without a deadline, can only be accepted immediately. When it is made to a person who is not present, without setting a deadline for acceptance, the proposer is bound until such time as he can reasonably awaiting receipt of the response, issued by the usual means of communication. The terms of validity of the offer begin to run from the date of receipt, unless it contains a different provision. ARTICLE 975.- Retraction of the offer. The offer addressed to a specific person can be retracted if the communication of its withdrawal is received by the recipient before or at the same time as the offer. ARTICLE 976.- Death or incapacity of the parties. The offer expires when the proposer or the recipient of the offer dies or becomes incapacitated, before receipt of their acceptance. He who accepted the offer ignoring the death or incapacity of the offeror, and who as a result of his acceptance has incurred expenses or suffered losses, has the right to claim his repair. ARTICLE 977.- Plurilateral contract. If the contract is to be concluded by several parties, and the offer emanates from different persons, or is addressed to several recipients, there is no contract without the consent of all the interested parties, unless the convention or the law authorizes the majority of them to celebrate it on behalf of all or allow its conclusion only among those who have consented. ARTICLE 978.- Acceptance. For the contract to be concluded, acceptance must express full compliance with the offer. Any modification to the offer that your consignee does when expressing its acceptance, it does not count as such, but the proposal of a new contract matters, but the modifications can be admitted by the offeror if he immediately communicates it to the acceptor. ARTICLE 979.- Modes of acceptance. Any declaration or act of the recipient that reveals conformity with the offer constitutes acceptance. Silence matters acceptance only when there is a duty to issue, which may result from the will of the parties, the uses or practices that the parties have established between them, or a relationship between current silence and previous statements. ARTICLE 980.- Improvement. Acceptance perfects the contract: a) between those present, when it is manifested; b) between absentees, if received by the bidder during the term of the offer. ARTICLE 981.- Retraction of acceptance. Acceptance can be withdrawn if the communication of your withdrawal is received by the recipient before or at the same time as she. ARTICLE 982.- Partial agreement. The partial agreements of the parties conclude the contract if all of them, with the formality that corresponds in their case, express their consent on the particular essential elements. In such a situation, the contract is integrated according to the rules of Chapter 1. In doubt, the contract has by not concluded. The extension of a minute or a draft regarding any or all of the elements is not considered a partial agreement. ARTICLE 983.- Reception of the manifestation of the will. For the purposes of this Chapter, the manifestation of will of one party is considered to be received by the other. when the latter knows it or should have known it, whether it be verbal communication, receipt of a relevant instrument at your home, or otherwise useful. SECTION 2 Contracts entered into by adhering to general pre-arranged clauses ARTICLE 984.- Definition. The adhesion contract is the one through which one of the contractors adheres to general clauses unilaterally established, on the other part or by a third party, without the adherent has participated in its writing. ARTICLE 985.- Requirements. The predisposed general clauses must be understandable and self-sufficient. The wording must be clear, complete and easily legible. Those that make a return to texts or documents that are not provided to the predisposing counterpart, prior or simultaneously to the conclusion of the contract. This provision is applicable to telephone, electronic or similar contracts. ARTICLE 986.- Particular clauses. Particular clauses are those that, individually negotiated, extend, limit, delete or interpret a clause general. In case of incompatibility between general and particular clauses, the latter prevail. ARTICLE 987.- Interpretation. Ambiguous clauses predisposed by one of the parties are interpreted in the opposite direction to the predisposing party. ARTICLE 988.- Unfair terms. In the contracts provided for in this section, the following must be considered as not written: a) the clauses that distort the obligations of the predisponent; b) those that import waiver or restriction to the rights of the adherent, or extend the rights of the predisponent that result from supplementary norms; c) those that, due to their content, wording or presentation, are not reasonably foreseeable. ARTICLE 989.- Judicial control of the abusive clauses. The administrative approval of the general clauses does not prevent their judicial control. When the judge declares the Partial nullity of the contract, you must simultaneously integrate it, if it cannot subsist without compromising its purpose. SECTION 3 Contractual agreements ARTICLE 990.- Freedom of negotiation. The parties are free to promote negotiations aimed at the formation of the contract, and to abandon them at any time. ARTICLE 991.- Duty in good faith. During the preliminary negotiations, and even if an offer has not been made, the parties must act in good faith so as not to frustrate them. unfairly. Failure to comply with this duty generates the responsibility to compensate the damage suffered by the affected party for having trusted, without his fault, in the celebration of the contract. ARTICLE 992.- Duty of con fi dentiality. If during the negotiations, one of the parties provides the other with confidential information, the one who received it has the duty not to disclose it and not to use it inappropriately in your own interest. The party that breaches this duty is obliged to repair the damage suffered by the other and, if having obtained an undue advantage of confidential information, it is obliged to compensate the other party to the extent of its own enrichment. ARTICLE 993.- Letters of intent. The instruments by which a part, or all of them, express a consent to negotiate on certain bases, limited to questions relating to a future contract are of restrictive interpretation. They only have the binding force of supply if they meet your requirements. SECTION 4 Preliminary contracts ARTICLE 994.- General provisions. Preliminary contracts must contain the agreement on the particular essential elements that identify the future contract definitive. The term of validity of the promises set forth in this Section is one year, or the shorter agreed upon by the parties, who may renew it upon maturity. ARTICLE 995.- Promise to enter into a contract. The parties can agree on the obligation to enter into a future contract. The future contract cannot be one of those for which requires a form under penalty of nullity. The regime of obligations to do is applicable. ARTICLE 996.- Option contract. The contract that contains an option to conclude a definitive contract, gives the beneficiary the irrevocable right to accept it. Can be free or onerous, and must observe the form required for the final contract. It is not transferable to a third party, except as otherwise provided. SECTION 5 Preference agreement and contract subject to conformity ARTICLE 997.- Preference agreement. The preference agreement generates an obligation to be borne by one of the parties, who should decide to enter into a future contract, must do it with the other or the other parties. If it is a question of social participations of any nature, of condominium, of parties in associative contracts or similar, the pact it can be reciprocal. The rights and obligations derived from this pact are transferable to third parties with the modalities stipulated. ARTICLE 998.- Effects. The grantor of the preference must send his or her beneficiaries a statement, with the requirements of the offer, communicating their decision to celebrate the new contract, if applicable in accordance with the stipulations of the agreement. The contract is concluded with the acceptance of the beneficiary or beneficiaries. ARTICLE 999.- Contract subject to conformity. The contract whose development depends on a conformity or an authorization is subject to the rules of the suspensive condition. CHAPTER 4 Inability and inability to contract ARTICLE 1000.- Effects of the nullity of the contract. Declared the nullity of the contract concluded by the incapable person or with restricted capacity, the capable party does not have right to demand the restitution or reimbursement of what you have paid or spent, except if the contract enriched the incapable or restricted party and as soon as have enriched. ARTICLE 1001.- Disqualifications to contract. They cannot hire, in their own interest or that of others, as the case may be, those who are prevented from doing so in accordance with special provisions. Contracts the celebration of which is prohibited to certain subjects cannot be awarded by an interposer. ARTICLE 1002.- Special disabilities. They cannot contract in their own interest: a) public officials, with respect to property whose administration or alienation they are or have been in charge of; b) judges, officials and auxiliaries of justice, arbitrators and mediators, and their assistants, with respect to property related to processes in which they intervene or have intervened; c) lawyers and attorneys, regarding litigious assets in processes in which they intervene or have intervened; d) the spouses, under the community regime, with each other. Executors who are not heirs cannot enter into a sale and purchase contract on the assets of the testamentary authorities in their charge. CHAPTER 5 Object ARTICLE 1003.- General provisions. The provisions of Section 1a, Chapter 5, Title IV of the First Book of this Code apply to the object of the contract. Must be lawful, possible, determined or determinable, subject to economic valuation and corresponding to an interest of the parties, even when it is not equity. SECTION 1004.- Prohibited objects. Facts that are impossible or prohibited by law, are contrary to morality, to the public order, to the dignity of the human person, or harmful to the rights of others; nor the goods that for a special reason are prohibited from being. When they have for object rights on the human body articles 17 and 56 apply. ARTICLE 1005.- Determination. When the object refers to goods, these must be determined in their species or genus as the case may be, even if they are not in their quantity, if it can be determined. It is determinable when sufficient criteria are established for its individualization. ARTICLE 1006.- Determination by a third party. The parties may agree that the determination of the object is made by a third party. In the event that the third party does not the choice, whether it is impossible or has not observed the criteria expressly established by the parties or by the customs and customs, may be resorted to the judicial determination, petition that must be processed through the shortest procedure provided by the procedural legislation. ARTICLE 1007.- Existing and future assets. Future assets may be the subject of contracts. The promise to transmit them is subordinated to the condition that come into existence, except in the case of random contracts. ARTICLE 1008.- Foreign property. The assets of others can be the object of contracts. If the one who promises to transmit them has not guaranteed the success of the promise, he is only obliged to use the necessary means for the provision to be made and, if through his fault, the good is not transmitted, he must repair the damages caused. Must also indemnify them when they have guaranteed the promise and it is not kept. He who has contracted on other people's property as his own is responsible for the damages if he does not deliver them. ARTICLE 1009.- Litigious assets, encumbered, or subject to precautionary measures. Litigious, encumbered, or subject to precautionary measures, may be subject to contracts, without prejudice to the rights of third parties. Whoever in bad faith contracts on these assets as if they were free must repair the damages caused to the other party if the latter has acted in good faith. ARTICLE 1010.- Future inheritance. Future inheritance cannot be the object of contracts, nor can eventual inheritance rights over objects. individuals, except as provided in the following paragraph or other express legal provision. The covenants relating to a productive exploitation or to equity interests of any kind, with a view to preserving the unit of business management or to the conflict prevention or resolution, may include provisions referring to future hereditary rights and establish compensation in favor of other legitimates. These Pacts are valid, whether or not the future deceased and his or her spouse are party, if they do not affect the legitimate inheritance, the rights of the spouse, or the rights of third parties. ARTICLE 1011.- Long-term contracts. In long-term contracts, time is essential for the fulfillment of the object, so that the effects occur loved by the parties or the need that led them to contract is satisfied. The parties must exercise their rights in accordance with a duty of collaboration, respecting the reciprocity of the obligations of the contract, considered in relation to the Total length. The party deciding the termination must give the other party a reasonable opportunity to renegotiate in good faith, without engaging in the abusive exercise of rights. CHAPTER 6 Cause ARTICLE 1012.- General provisions. The provisions of Section 2, Chapter 5, Title IV, First Book of this Code apply to the cause of contracts. ARTICLE 1013.- Need. The cause must exist in the formation of the contract and during its conclusion and subsist during its execution. The lack of cause gives rise, according to the cases, to the nullity, adaptation or termination of the contract. ARTICLE 1014.- Unlawful cause. The contract is void when: a) its cause is contrary to morality, public order or good customs; b) both parties have concluded it for a common illegal or immoral reason. If only one of them has acted for an illegal or immoral reason, you have no right to invoke the contract versus the other, but the latter can claim what she has given, without obligation to fulfill what she has offered. CHAPTER 7 Shape ARTICLE 1015.- Freedom of forms. Only contracts to which the law imposes a certain form are formal. ARTICLE 1016.- Modifications to the contract. The formality required for the conclusion of the contract also applies to subsequent modifications that are made to it, except that they only deal with accessory or secondary stipulations, or that there is a legal provision to the contrary. ARTICLE 1017.- Public deed. They must be granted by public deed: a) Contracts whose purpose is the acquisition, modification or termination of real rights over real estate. The cases in which the act is performed are excepted. by auction from judicial or administrative execution; b) contracts that have as object doubtful or litigious rights over real estate; c) all acts that are accessory to other contracts awarded in public deed; d) the other contracts that, by agreement of parties or provision of the law, must be awarded in public deed. ARTICLE 1018.- Pending grant of the instrument. The pending grant of a planned instrument constitutes an obligation to make if the future contract does not requires a form under penalty of nullity. If the party sentenced to grant it is remissive, the judge does so on his behalf, provided that the consideration is fulfilled, or ensure compliance. CHAPTER 8 Proof ARTICLE 1019.- Means of proof. Contracts can be tested by all means capable of reaching a reasonable conviction according to the rules of sound criticism, and in accordance with the provisions of procedural laws, except legal provision that establishes a special means. Contracts that are of instrumental use cannot be exclusively tested by witnesses. ARTICLE 1020.- Proof of formal contracts. Contracts in which formality is required for evidentiary purposes can be proven by other means, including by witnesses, if there is an impossibility of obtaining proof that the formality has been completed or if there is a principle of instrumental evidence, or the beginning of execution. Instrumental test principle is considered any instrument that emanates from the other party, its deceased or a party interested in the matter, that makes the existence of the contract. CHAPTER 9 Effects SECTION 1 Relative effect ARTICLE 1021.- General rule. The contract only has effect between the contracting parties; it does not have it with respect to third parties, except in the cases provided by law. ARTICLE 1022.- Situation of third parties. The contract does not raise obligations for third parties, nor do third parties have the right to invoke it to make the parties obligations that these have not agreed, except legal provision. ARTICLE 1023.- Part of the contract. Anyone who: a) it is granted in its own name, even if it is in someone else's interest; b) is represented by a grantor acting on its behalf and interest; c) manifests the contractual will, even if it is transmitted by a broker or by an agent without representation. ARTICLE 1024.- Universal successors. The effects of the contract extend, actively and passively, to the universal successors, unless the obligations of it are born are inherent to the person, or that the transmission is incompatible with the nature of the obligation, or is prohibited by a clause of the contract or the law. SECTION 2 Incorporation of third parties to the contract ARTICLE 1025.- Contracting on behalf of a third party. Whoever hires on behalf of a third party only obligates him if he exercises his representation. In the absence of sufficient representation the contract is ineffective. The express or tacit ratification of the third party replaces the lack of representation; execution implies tacit ratification. ARTICLE 1026.- Third party promise. Whoever promises the fact of a third party is obliged to do what is reasonably necessary for the third party to accept the promise. If you have guaranteed that the promise is accepted, you are obliged to obtain it and respond personally in case of refusal. ARTICLE 1027.- Stipulation in favor of a third party. If the contract contains a stipulation in favor of a third party beneficiary, determined or determinable, the promisor will confers the rights or powers resulting from what has been agreed with the stipulator. The stipulator can revoke the stipulation until he receives the acceptance of the third beneficiary; but it cannot do so without the consent of the promisor if the latter is interested in keeping it. The third party acceptor obtains the rights directly and the powers resulting from the stipulation in their favor. The powers of the third beneficiary to accept the stipulation, and to take advantage of it after having accepted it, do not they are transmitted to their heirs, unless there is an express clause that authorizes it. The stipulation is of restrictive interpretation. ARTICLE 1028.- Relations between the parties. The promisor may oppose to the third party the defenses derived from the basic contract and those based on other relationships with him. The stipulator can: a) require the promisor to fulfill the benefit, either in favor of the third accepting beneficiary, or in his favor if the third party did not accept it or the stipulator revoked it; b) terminate the contract in the event of default, without prejudice to the rights of the third party beneficiary. ARTICLE 1029.- Contract for a person to designate. Any party may reserve the power to subsequently appoint a third party to assume its position. contractual, except if the contract cannot be concluded through a representative, or the determination of the subjects is essential. The assumption of the contractual position occurs retroactively to the date of the contract, when the third party accepts the nomination and its acceptance is communicated to the party who did not make the reservation. This communication must take the same form as the contract, and be made within the stipulated period or, failing that, within fifteen days since its celebration. As long as there is no third party acceptance, the contract produces effects between the parties. ARTICLE 1030.- Contract on behalf of whom it may concern. The contract concluded on behalf of the corresponding party is subject to the rules of the suspensive condition. The third assumes the contractual position when the event that determines him as beneficiary of the contract occurs. SECTION 3 Suspension of compliance and force majeure ARTICLE 1031.- Suspension of compliance. In bilateral contracts, when the parties must comply simultaneously, one of them can suspend compliance of the benefit, until the other complies or offers to comply. The suspension can be judicially deducted as an action or as an exception. If the benefit is in favor of several interested parties, the part due to each one can be suspended until the full execution of the consideration. ARTICLE 1032.- Preventive guardianship. A party may suspend its own compliance if its rights suffer a serious threat of harm because the other party has suffered a significant impairment in your ability to comply, or your creditworthiness. The suspension is null and void when the other party complies or gives sufficient assurances that the compliance will be accomplished. SECTION 4 Sanitation obligation 1st paragraph General disposition ARTICLE 1033.- Responsible subjects. Are required to sanitation: a) the transferor of goods for consideration; b) who has divided assets with others; c) their respective predecessors, if they have made the corresponding transfer for consideration. ARTICLE 1034.- Guarantees included in the sanitation obligation. The obligor to the sanitation guarantees for eviction and for hidden defects in accordance with the provisions of this Section, without prejudice to special regulations. ARTICLE 1035.- Acquisition free of charge. The acquirer free of charge may exercise to his benefit the actions of responsibility for sanitation corresponding to its predecessors. ARTICLE 1036.- Availability. The responsibility for sanitation exists even if it has not been stipulated by the parties. They can increase, decrease or delete it, without prejudice to the provisions of the following article. ARTICLE 1037.- Interpretation of the suppression and the decrease of the responsibility for sanitation. The clauses for deletion and reduction of liability for sanitation are of restrictive interpretation. ARTICLE 1038.- Cases in which they are considered not agreed. The suppression and reduction of liability for sanitation are considered not agreed in the following cases: a) if the transferor knew, or should have known, the danger of eviction, or the existence of defects; b) if the transferor acts professionally in the activity to which the transfer corresponds, unless the acquirer also performs professionally in that exercise. ARTICLE 1039.- Responsibility for sanitation. The creditor of the sanitation obligation has the right to choose between: a) to demand the cleaning of the title or the correction of the vices; b) claim an equivalent good, if it is fungible; c) declare the termination of the contract, except in the cases provided for in articles 1050 and 1057. ARTICLE 1040.- Liability for damages. The creditor of the sanitation obligation is also entitled to compensation for damages in the cases provided for in the Article 1039, except: a) if the acquirer knew, or could have known, the danger of eviction or the existence of defects; b) if the transferor did not know, nor could he know the danger of eviction or the existence of defects; c) if the transmission was made at the risk of the acquirer; d) if the acquisition results from a judicial or administrative auction. The exemption from liability for damages provided in paragraphs a) and b) cannot be invoked by the alienator who acts professionally in the activity to which it corresponds the alienation, unless the acquirer also performs professionally in that activity. ARTICLE 1041.- Plurality of assets. In cases where liability for sanitation results from the disposal of various assets, the following rules apply: a) if they were alienated as a whole, it is indivisible; b) if they were sold separately, it is divisible, even if there has been a single consideration. Where applicable, the provisions applicable to accessory items govern. ARTICLE 1042.- Plurality of subjects. Those who have responsibility for sanitation by virtue of successive dispositions are competing obligors. If the good has been Simultaneously alienated by several co-owners, they only respond in proportion to their undivided share, unless their solidarity has been agreed. ARTICLE 1043.- Ignorance or error. The person obliged to clean up cannot invoke his ignorance or error, unless otherwise stipulated. 2nd paragraph Liability for eviction ARTICLE 1044.- Content of the liability for eviction. The liability for eviction ensures the existence and legitimacy of the transmitted right, and extends to: a) any disturbance of law, total or partial, that falls on the property, for reasons prior or contemporary to the acquisition; b) the claims of third parties based on rights resulting from intellectual or industrial property, except if the transferor complied with the specifications provided by the acquirer c) de facto disturbances caused by the transferor. ARTICLE 1045.- Exclusions. The liability for eviction does not include: a) de facto disturbances caused by third parties outside the transferor; b) disturbances of law arising from a legal provision; c) the eviction resulting from a right of origin prior to the transfer, and subsequently consolidated. However, the court may deviate from this provision if there is a disproportionate economic imbalance. ARTICLE 1046.- Summons for eviction. If a third party sues the acquirer in a process from which the eviction of the thing may result, the guarantor summoned to trial must appear in the terms of the procedure law. The acquirer can continue to act in the process. ARTICLE 1047.- Defense expenses. The guarantor must pay the acquirer the expenses that the latter has faced for the defense of their rights. However, the acquirer does not You can collect them, or make any other claim if: a) did not summon the guarantor to the process; b) summoned the guarantor, and although he was acquitted, he continued with the defense and was defeated. ARTICLE 1048.- Cessation of responsibility. In cases where the judicial process is promoted, the responsibility for eviction ceases: a) if the acquirer does not quote the guarantor, or does so after the expiration of the period established by procedural law; b) if the guarantor does not appear in the judicial process, and the acquirer, acting in bad faith, does not oppose the pertinent defenses, does not sustain them, or does not interpose or continue the ordinary remedies available against the unfavorable judgment; c) if the acquirer acquiesces to the demand without the guarantor's agreement; or submits the matter to arbitration and the award is unfavorable to it. However, the liability remains if the acquirer proves that, due to the absence of a fair opposition to be made to the winner's right, the proper summons of the guarantor. by eviction, or the interposition or substantiation of the resources, they were useless; or that the acquiescence or the unfavorable award are adjusted to law. ARTICLE 1049.- Regime of the shares. The creditor of the responsibility has the right to declare the resolution: a) if the defects in the title affect the value of the property to such an extent that, if they had been known, the purchaser would not have acquired it, or their consideration would have been significantly less; b) if a judgment or an award produces the eviction. ARTICLE 1050.- Purchase prescription. When the acquirer's right is remedied by the expiration of the purchasing prescription period, the liability is extinguished by eviction. 3rd paragraph Liability for hidden defects ARTICLE 1051.- Content of the responsibility for hidden defects. Liability for hidden defects extends to: a) defects not included in the exclusions of article 1053; b) redhibitory vices, considering such defects that make the thing improper for its destination for structural or functional reasons, or diminish its usefulness for such extreme that, if they had known them, the acquirer would not have acquired it, or their consideration would have been significantly less. ARTICLE 1052.- Conventional extension of the guarantee. A defect is considered to be a redhibitory vice: a) if the parties stipulate it with reference to certain specific defects, although the purchaser should have known them; b) if the transferor guarantees the absence of defects, or a certain quality of the transmitted thing, although the purchaser should have known the defect or the lack of quality; c) if the one that intervenes in the manufacture or in the commercialization of the thing grants special guarantees. However, unless otherwise stipulated, the acquirer may choose to exercise the rights resulting from the guarantee in accordance with the terms in which it was granted. ARTICLE 1053.- Exclusions. Liability for hidden defects does not include: a) the defects of the property that the acquirer knew, or should have known through an examination appropriate to the circumstances of the case at the time of acquisition, except that has made an express reservation regarding them. If it has special characteristics of complexity, and the possibility of knowing the defect requires some preparation scientific or technical, to determine this possibility the uses of the place of delivery are applied; b) the defects of the property that did not exist at the time of the acquisition. Proof of their existence is the responsibility of the acquirer, except if the transferor acts professionally in the activity to which the transmission corresponds. ARTICLE 1054.- Exercise of responsibility for hidden defects. The acquirer has the burden of expressly denouncing the existence of the hidden defect to the guarantor within of the sixty days of having manifested. If the defect manifests gradually, the period is counted from the time the purchaser was able to notice it. Failure to comply with this cargo extinguishes responsibility for hidden defects, except that the transferor has known or should have known, the existence of the defects. ARTICLE 1055.- Expiration of the guarantee for hidden defects. Liability for hidden defects expires: a) if the thing is immovable, when three years have elapsed since it was received; b) if the thing is movable, when six months have elapsed since it was received or put into operation. These terms can be conventionally increased. The prescription of the action is subject to the provisions of the Sixth Book. ARTICLE 1056.- Regime of the shares. The creditor of the guarantee has the right to declare the termination of the contract: a) if it is a redhibitory vice; b) if there was a conventional extension of the guarantee. ARTICLE 1057.- Correctable defect. The acquirer has no right to terminate the contract if the defect is rectifiable, the guarantor offers to rectify it and he does not accept it. Remains Safe from damage repair. ARTICLE 1058.- Loss or deterioration of the thing. If the thing perishes totally or partially because of its defects, the guarantor supports its loss. SECTION 5 Signal ARTICLE 1059.- General provisions. The delivery of a signal or deposit is interpreted as a confirmation of the act, unless the parties agree to the power to repent; in such case, whoever gave the sign loses it to the benefit of the other, and whoever received it, must return it doubled. ARTICLE 1060.- Modality. As a sign or deposit, money or movable things can be given. If it is of the same species as what should be given by the contract, the signal is has as part of the provision if the contract is fulfilled; but not if she is of a different species or if the obligation is to do or not to do. CHAPTER 10 Interpretation ARTICLE 1061.- Common intention. The contract must be interpreted in accordance with the common intention of the parties and the principle of good faith. ARTICLE 1062.- Restrictive interpretation. When a restrictive interpretation is expressly established by legal or conventional provision, it must be literal of the terms used when manifesting the will. This article is not applicable to the obligations of the predisponent and the provider in the contracts for adhesion and in those of consumption, respectively. ARTICLE 1063.- Meaning of the words. The words used in the contract must be understood in the sense that gives them general use, unless they have a specific meaning arising from the law, the agreement of the parties or the uses and practices of the venue in accordance with the criteria set forth for integration of the contract. The same rules apply to the behaviors, signs and non-verbal expressions with which consent is expressed. ARTICLE 1064.- Contextual interpretation. The clauses of the contract are interpreted one by the other, and attributing the appropriate meaning to the whole of the act. ARTICLE 1065.- Sources of interpretation. When the meaning of the words interpreted contextually is not enough, they should be considered: a) the circumstances in which it was held, including the preliminary negotiations; b) the conduct of the parties, including subsequent conduct; c) the nature and purpose of the contract. ARTICLE 1066.- Conservation principle. If there is doubt about the effectiveness of the contract, or any of its clauses, it should be interpreted as giving effect. Yes this It results from several possible interpretations, it is appropriate to understand them with the most appropriate scope for the purpose of the contract. ARTICLE 1067.- Protection of trust. The interpretation must protect the trust and loyalty that the parties owe each other, being inadmissible the contradiction with a legally relevant, prior and proper conduct of the same subject. ARTICLE 1068.- Dark expressions. When doubts persist despite the rules contained in the previous articles, if the contract is free interpret in the least burdensome sense for the obligor and, if it is onerous, in the sense that produces an equitable adjustment of the interests of the parties. CHAPTER 11 Subcontract ARTICLE 1069.- Definition. The subcontract is a new contract whereby the subcontractor creates in favor of the subcontractor a new contractual position derived from the one he has in the main contract. ARTICLE 1070.- General provision. In contracts with outstanding benefits, these may be subcontracted, in whole or in part, unless it is obligations that require personal benefits. ARTICLE 1071.- Actions of the subcontractor. The subcontractor has: a) of the actions arising from the subcontract, against the subcontractor; b) of the actions that correspond to the subcontractor, against the other party to the main contract, to the extent that compliance with the obligations of this with respect to the subcontractor. These direct actions are governed by the provisions of articles 736, 737 and 738. ARTICLE 1072.- Actions of the party that has not entered into the subcontract. The party that has not entered into the subcontract holds the shares against the subcontractor emerging from the main contract. It also has those that correspond to the subcontractor against the subcontractor, and can exercise them in their own name and interest. CHAPTER 12 Related contracts ARTICLE 1073.- Definition. There is connection when two or more autonomous contracts are linked to each other by a previously established common economic purpose, so that one of them has been decisive for the other in achieving the desired result. This purpose may be established by law, expressly agreed, or derived from the interpretation, in accordance with the provisions of article 1074. ARTICLE 1074.- Interpretation. Related contracts must be interpreted through each other, attributing the appropriate meaning that emerges from the group of contracts, their economic function and the desired result. ARTICLE 1075.- Effects. Depending on the circumstances, once the connection is proven, a contractor can oppose the exceptions of total, partial or defective non-compliance, even against the non-execution of obligations outside your contract. In accordance with the principle of conservation, the same rule applies when the termination of one of the contracts it produces the frustration of the common economic purpose. CHAPTER 13 Termination, modification and adaptation of the contract ARTICLE 1076.- Bilateral termination. The contract may be terminated by bilateral termination. This termination, unless otherwise stipulated, only produces effects for the future and does not affect the rights of third parties. ARTICLE 1077.- Extinction by declaration of one of the parties. The contract can be totally or partially terminated by the declaration of one of the parties, by unilateral termination, revocation or resolution, in cases where the same contract, or the law, give it that power. ARTICLE 1078.- General provisions for termination by declaration of one of the parties. Except to the contrary legal or conventional provision, they apply to the unilateral termination, revocation and resolution of the following general rules: a) the right is exercised by communication to the other party. The communication must be directed by all the subjects that make up a party against all the subjects that they make up the other; b) the termination of the contract can be declared extrajudicially or sued before a judge. The lawsuit can be started even if the previous requirement has not been processed that could correspond; in such situation, subsection f) applies; c) the other party can oppose the termination if, at the time of the declaration, the declarant has not fulfilled, or is not in a position to fulfill, the provision that he had to perform in order to exercise the power to terminate the contract; d) the termination of the contract is not affected by the impossibility of returning the party that did not declare it; e) The party that has the right to terminate the contract may choose to require its fulfillment and the repair of damages. This claim does not prevent further deduction of a extinctive claim; f) the communication of the extinctive declaration of the contract produces its extinction as a right, and later the fulfillment cannot be demanded nor the right of comply. But, in cases where a prior requirement is necessary, if the extinction lawsuit is filed without intimation, the defendant has the right to comply until the expiration of the term of placement; g) the claim before a court for the termination of the contract prevents the subsequent deduction of a claim for compliance; h) The termination of the contract leaves the stipulations referring to restitution, damage repair, dispute resolution and any other that regulate the rights and obligations of the parties after termination. ARTICLE 1079.- Operationality of the effects of the extinction by declaration of one of the parties. Except to the contrary legal provision: a) unilateral termination and revocation produce effects only for the future; b) the resolution produces retroactive effects between the parties, and does not affect the right acquired for consideration by third parties in good faith. ARTICLE 1080.- Restitution in cases of extinction by declaration of one of the parties. If the contract is totally or partially terminated by unilateral termination, by revocation or by resolution, the parties must return, to the extent appropriate, what they have received by reason of the contract, or its value, in accordance with the rules of the obligations to give to return, and to the provisions of the following article. ARTICLE 1081.- Bilateral contract. If it is the termination of a bilateral contract: a) restitution must be reciprocal and simultaneous; b) the benefits performed remain firm and produce their effects as soon as they are equivalent, if they are divisible and have been received without reservation regarding the effect cancellation of the obligation; c) to estimate the value of the creditor's refunds, the advantages that result or may result from not having provided the service itself, its usefulness are taken into account frustrated and, where appropriate, other damages. ARTICLE 1082.- Repair of the damage. The repair of damage, when appropriate, is subject to these provisions: a) the damage must be repaired in the cases and with the scope established in this Chapter, in Title V of this Book, and in the special provisions for each contract; b) the repair includes the total or partial reimbursement, as appropriate, of the expenses generated by the conclusion of the contract and the taxes that have been levied; c) if the penal clause has been agreed, it is applied with the scope established in articles 790 and following. ARTICLE 1083.- Total or partial resolution. A party has the power to fully or partially terminate the contract if the other party fails to do so. But the rights to declare the total resolution or partial resolution are exclusive, therefore, having chosen one of them, the other cannot exercise later. If the debtor has executed a benefit partial, the creditor can only terminate the contract in full if he has no interest in the partial benefit. ARTICLE 1084.- Configuration of the breach. For the purposes of the resolution, the breach must be essential in attention to the purpose of the contract. It is considered that It is essential when: a) strict compliance with the service is essential within the context of the contract; b) the timely fulfillment of the provision is a condition of maintaining the creditor's interest; c) non-compliance deprives the injured party of what they substantially have the right to expect; d) the breach is intentional; e) the default has been announced by a serious and definitive statement from the debtor to the creditor. ARTICLE 1085.- Conversion of the demand for compliance. The sentence that condemns compliance implies the warning that, in the event of noncompliance, in the execution process, the creditor has the right to choose to terminate the contract, with the effects provided in article 1081. ARTICLE 1086.- Express resolution clause. The parties can expressly agree that the resolution occurs in case of generic or specific breaches duly identified. In this case, the resolution takes effect after the interested party communicates to the defaulter in a reliable manner its will to resolve. ARTICLE 1087.- Implicit resolution clause. In bilateral contracts, the resolution clause is implicit and is subject to the provisions of articles 1088 and 1089. ARTICLE 1088.- Budgets of the resolution by implicit resolution clause. The resolution by implicit resolution clause requires: a) a breach under the terms of article 1084. If it is partial, it must substantially deprive what the party was reasonably entitled to expect due to the contract; b) the debtor is in default; c) that the creditor summons the debtor, under express notice of the total or partial termination of the contract, to comply within a period of not less than fifteen days, except that of the uses, or of the nature of the benefit, the origin of a minor results. The resolution is produced by right upon expiration of said term. Saying requirement is not necessary if an essential term for compliance has expired, if the defaulting party has stated its decision not to comply, or if compliance it is impossible. In such cases, the total or partial resolution of the contract occurs when the creditor declares it and the communication is received by the other party. ARTICLE 1089.- Resolution by ministry of law. The requirement provided in article 1088 is not necessary in cases where the law empowers the party to declare unilaterally the termination of the contract, without prejudice to special provisions. ARTICLE 1090.- Frustration of the purpose. The frustration definitive of the purpose of the contract authorizes the injured party to declare its resolution, if it has its cause in an extraordinary alteration of the existing circumstances at the time of its celebration, foreign to the parties and that exceeds the risk assumed by the affected party. The resolution is operative when this party communicates its sunset statement to the other. If the frustration of the purpose is temporary, there is a right to resolution only if it is it prevents the timely fulfillment of an obligation whose execution time is essential. ARTICLE 1091.- Unforeseen. If in a commutative contract of deferred or permanent execution, the provision by one of the parties becomes excessively onerous, for an extraordinary alteration of the circumstances existing at the time of its celebration, caused by causes beyond the control of the parties and the risk assumed by which it is affected, it has the right to raise extrajudicially, or request before a judge, by action or as an exception, the total or partial resolution of the contract, or its adaptation. Same rule applies to the third party to whom rights, or assigned obligations, resulting from the contract have been conferred; and to the random contract if the benefit becomes excessively onerous for reasons strange to its own wing. TITLE III Consumer contracts CHAPTER 1 Consumption ratio ARTICLE 1092.- Consumption relationship. Consumer. Consumer relationship is the legal link between a provider and a consumer. The person is considered a consumer human or legal that acquires or uses, free or onerous, goods or services as final recipient, for their own benefit or for their family or social group. It is equated to the consumer who, without being part of a consumer relationship as a consequence or on the occasion of it, acquires or uses goods or services, in free or onerous, as final recipient, for your own benefit or for your family or social group. ARTICLE 1093.- Consumer contract. Consumer contract is the one concluded between a consumer or end user with a human or legal person acting professionally or occasionally or with a company producing goods or providing services, public or private, whose purpose is the acquisition, use or enjoyment of goods or services by consumers or users, for their private, family or social use. ARTICLE 1094.- Interpretation and regulatory priority. The rules that regulate consumer relations must be applied and interpreted in accordance with the principle of consumer protection and access to sustainable consumption. In case of doubt about the interpretation of this Code or the special laws, the most favorable to the consumer prevails. ARTICLE 1095.- Interpretation of the consumer contract. The contract is interpreted in the most favorable sense for the consumer. When there are doubts about the scope of its obligation, the one that is less burdensome is adopted. EPISODE 2 Formation of consent SECTION 1 Abusive practices ARTICLE 1096.- Scope of application. The rules of this Section and Section 2a of this Chapter are applicable to all persons exposed to the practices commercial, determinable or not, are consumers or equal subjects in accordance with the provisions of article 1092. ARTICLE 1097.- Decent treatment. Suppliers must guarantee conditions of care and dignified treatment for consumers and users. The dignity of the person must be respected in accordance with the general criteria that arise from human rights treaties. Suppliers must refrain from engaging in conduct that places consumers in embarrassing, demeaning or intimidating situations. ARTICLE 1098.- Equitable and non-discriminatory treatment. Suppliers must give consumers fair and non-discriminatory treatment. They can't set differences based on guidelines contrary to the constitutional guarantee of equality, especially that of the nationality of consumers. ARTICLE 1099.- Freedom to contract. Practices that limit the consumer's freedom to contract are prohibited, especially those that subordinate the provision of products or services to the simultaneous acquisition of others, and other similar ones that pursue the same objective. SECTION 2 Information and advertising aimed at consumers ARTICLE 1100.- Information. The provider is obliged to provide information to the consumer in a certain and detailed way, regarding everything related to essential characteristics of the goods and services it provides, the conditions of its commercialization and all other relevant circumstances for the contract. The information must always be free to the consumer and provided with the necessary clarity that allows understanding. ARTICLE 1101.- Advertising. All advertising that: a) contains false indications or of such a nature that they induce or could mislead the consumer, when they fall on essential elements of the product or service; b) make comparisons of goods or services when they are of a nature that leads to consumer error; c) is abusive, discriminatory or induces the consumer to behave in a way that is detrimental or dangerous to their health or safety. ARTICLE 1102.- Actions. Affected consumers or those who are legally legitimized can request the judge: the cessation of illegal advertising, publication, charge of the defendant, of rectifying notices and, where appropriate, of the conviction. ARTICLE 1103.- Effects of advertising. The details formulated in advertising or in advertisements, prospectuses, circulars or other means of dissemination are considered included. in the contract with the consumer and oblige the offeror. CHAPTER 3 Special modalities ARTICLE 1104.- Contracts concluded outside commercial establishments. It is included in the category of contract concluded outside the establishments commercial of the supplier which results from an offer or proposal on a good or service concluded at the consumer's home or workplace, on public roads, or by means of correspondence, those that result from a call to the consumer or user to the establishment of the provider or to another site, when the objective of said call is totally or partially different from the contract, or it is a prize or gift. ARTICLE 1105.- Contracts entered into remotely. Remote contracts are those concluded between a supplier and a consumer with the exclusive use of remote means of communication, understood as such those that can be used without the simultaneous physical presence of the contracting parties. In particular, it They consider the postal, electronic, telecommunications media, as well as radio, television or press services. ARTICLE 1106.- Use of electronic means. Whenever this Code or special laws require the contract to be in writing, this requirement must be understand satisfied if the contract with the consumer or user contains an electronic medium or other similar technology. ARTICLE 1107.- Information on electronic media. If the parties use electronic communication techniques or the like to enter into a contract for remote consumption, the provider must inform the consumer, in addition to the minimum content of the contract and the power to revoke, all the data necessary to use correctly chosen means, to understand the risks arising from their use, and to be absolutely clear who assumes those risks. ARTICLE 1108.- Offers by electronic means. Contract offers by electronic or similar means must be valid during the period set by the offeror. or, failing that, for as long as they remain accessible to the recipient. The offeror must confirm the arrival of acceptance electronically without delay. ARTICLE 1109.- Place of performance. In contracts concluded outside commercial establishments, remotely, and using electronic means or similar, place of fulfillment is considered the one in which the consumer received or should have received the benefit. This place establishes the jurisdiction applicable to the derived conflicts. of the contract. The extension of jurisdiction clause is considered unwritten. ARTICLE 1110.- Revocation. In contracts concluded outside commercial establishments and remotely, the consumer has the inalienable right to revoke the acceptance within ten computed days from the conclusion of the contract. If the acceptance is subsequent to the delivery of the good, the term must begin to run from the moment the latter occurs. If the term expires on a non-business day, it is extended until the first following business day. The clauses, pacts or any modality accepted by the consumer during this period that result in the impossibility of exercising the right of revocation are they consider unwritten. ARTICLE 1111.- Duty to inform the right to revocation. The provider must inform the consumer about the power of revocation by including it in characters Featured in any document presented to the consumer in the negotiation stage or in the document that implements the concluded contract, located as a provision immediately prior to the signature of the consumer or user. The right of revocation is not extinguished if the consumer has not been duly informed about his right. ARTICLE 1112.- Form and term to notify the revocation. The revocation must be notified to the provider in writing or electronic or similar means, or through the return of the thing within the term of ten computed days in accordance with the provisions of article 1110. ARTICLE 1113.- Effects of the exercise of the right of revocation. If the right to revoke is exercised in a timely manner by the consumer, the parties are released from their corresponding obligations and the benefits they have fulfilled must be reciprocally and reciprocally restored. ARTICLE 1114.- Impossibility of return. The impossibility of returning the service object of the contract does not deprive the consumer of his right to revoke. If the impossibility is attributable to him, he must pay the provider the market value that the service has at the moment of exercising the right to revoke, except that said value is higher than the acquisition price, in which case the obligation is limited to the latter. ARTICLE 1115.- Expenses. The exercise of the right of revocation should not imply any expense for the consumer. In particular, the consumer does not have to refund any amount for the decrease in the value of the thing that is a consequence of its use according to what has been agreed or due to its nature, and is entitled to reimbursement of the necessary and useful expenses that he made in it. ARTICLE 1116.- Exceptions to the right to revoke. Except as otherwise agreed, the right to revoke is not applicable to the following contracts: a) those referring to products made according to the specifications supplied by the consumer or clearly personalized or which, due to their nature, cannot be returned or may deteriorate rapidly; b) those for the supply of sound or video recordings, discs and computer programs that have been decoded by the consumer, as well as files computerized, supplied electronically, capable of being downloaded or reproduced immediately for permanent use; c) those of daily newspaper supply, periodicals and magazines. CHAPTER 4 Unfair terms ARTICLE 1117.- Applicable rules. The provisions of the special laws and articles 985, 986, 987 and 988, whether or not there are general clauses, apply in this Chapter. predisposed by one of the parties. ARTICLE 1118.- Control of incorporation. The clauses incorporated in a consumer contract can be declared abusive even when they are negotiated individually or expressly approved by the consumer. ARTICLE 1119.- General rule. Without prejudice to the provisions of the special laws, the clause that, having been negotiated individually or not, has object or effect to cause a significant imbalance between the rights and obligations of the parties, to the detriment of the consumer. ARTICLE 1120.- Abusive legal situation. An abusive legal situation is considered to exist when the same result is achieved through the predisposition of a plurality of related legal acts. ARTICLE 1121.- Limits. They cannot be declared abusive: a) the clauses related to the relationship between the price and the good or service provided; b) those that reflect current provisions in international treaties or in imperative legal norms. ARTICLE 1122.- Judicial control. The judicial control of the abusive clauses is governed, without prejudice to the provisions of the special law, by the following rules: a) the administrative approval of the contracts or their clauses does not prevent control; b) the abusive clauses are considered not agreed; c) if the judge declares the contract null and void, he must simultaneously integrate it, if he cannot subsist without compromising its purpose; d) When an abusive legal situation derived from related contracts is proven, the judge must apply the provisions of article 1075. TITLE IV Contracts in particular CHAPTER 1 Buy and sell SECTION 1 General disposition ARTICLE 1123.- Definition. There is a sale and purchase if one of the parties agrees to transfer the ownership of one thing and the other to pay a price in money. ARTICLE 1124.- Supplementary application to other contracts. The rules of this Chapter apply supplementally to contracts by which a party agrees to: a) transfer to the other real rights of condominium, horizontal property, surface, usufruct or use, or to constitute the real rights of condominium, surface, usufruct, use, room, real estate or easement, and said part, to pay a price in money; b) transfer the ownership of securities for a price in money. ARTICLE 1125.- Sale and contract of work. When one of the parties agrees to deliver things for a price, even if they have to be manufactured or produced, the rules of the sale apply, unless it turns out that the main obligation is to supply labor or provide other services. If the party commissioning the manufacture or production of things assumes the obligation to provide a substantial portion of the materials necessary, the rules of the work contract apply. ARTICLE 1126.- Purchase and exchange. If the price consists of money and part of something else, the contract is a swap if the value of the thing is greater and purchase and sale in other cases. ARTICLE 1127.- Nature of the contract. The contract should not be judged as a sale, even if the parties so stipulate, if to do so, it lacks any requirement essential. ARTICLE 1128.- Obligation to sell. No one is obliged to sell, unless they are subject to the legal need to do so. SECTION 2 Thing sold ARTICLE 1129.- Thing sold. All things that can be the subject of contracts can be sold. ARTICLE 1130.- A certain thing that has ceased to exist. If the sale is of a certain thing that has ceased to exist at the time of the perfection of the contract, it has no effect any. If it has partially ceased to exist, the buyer can demand the existing part with a price reduction. It can be agreed that the buyer assumes the risk that the certain thing has perished or is damaged when the contract is concluded. The seller cannot demand compliance with the contract if when celebrating it, the thing had perished or was damaged. ARTICLE 1131.- Future thing. If a future thing is sold, it is understood subject to the suspensive condition that the thing comes into existence. The seller must perform the tasks and efforts resulting from the contract, or from the circumstances, so that it comes into existence under the agreed conditions and time. The buyer can assume, by express clause, the risk that the thing does not come into existence without the fault of the seller. ARTICLE 1132.- Other people's thing. The sale of the totally or partially alien thing is valid, under the terms of article 1008. The seller undertakes to transmit or have transmitted your domain to the buyer. SECTION 3 Price ARTICLE 1133.- Determination of the price. The price is determined when the parties fix it in a sum that the buyer must pay, when its indication is left to the arbitration of a designated third party or when it is with reference to something else certain. In any other case, it is understood that there is a valid price if the parties provided for the procedure to determine it. ARTICLE 1134.- Price determined by a third party. The price can be determined by a third party designated in the contract or after its conclusion. If the parties do not they reach an agreement on their designation or replacement, or if the third party does not want to or cannot make the determination, the price is set by the judge through the shortest procedure provide for local law. ARTICLE 1135.- Price not agreed per unit of surface measurement. If the main object of the sale is a fraction of land, even if it is built, not having been agreed the price per unit of measure of surface and the surface of land has a difference greater than five percent with the agreed one, the seller or the buyer, depending on the case, you have the right to request adjustment of the difference. The buyer who, by application of this rule, must pay a higher price can resolve the purchase. ARTICLE 1136.- Agreed price per unit of surface measurement. If the price is agreed per unit of measure of surface, the total price is the one that results in function of the real surface of the property. If what is sold is a certain extension, and the total surface exceeds by more than five percent that expressed in the contract, the buyer has the right to settle. SECTION 4 Seller's obligations ARTICLE 1137.- Obligation to transfer. The seller must transfer ownership of the thing sold to the buyer. You are also obliged to make available to the buyer the instruments required by the uses or particularities of the sale, and to provide any cooperation that may be required for the domain transfer to be concrete. ARTICLE 1138.- Delivery costs. Except where otherwise agreed, the seller is responsible for the costs of delivering the thing sold and those arising from obtaining of the instruments referred to in article 1137. In the sale of real estate, they are also in charge of studying the title and its background and, where appropriate, those of measurement and the taxes on the sale. ARTICLE 1139.- Delivery time of the property. The seller must deliver the property immediately from the deed, unless otherwise agreed. ARTICLE 1140.- Delivery of the thing. The thing must be delivered with its accessories, free from any power relationship and third party opposition. SECTION 5 Buyer's obligations ARTICLE 1141.- Enumeration. The buyer's obligations are: a) pay the price at the agreed place and time. If nothing is agreed, it is understood that the sale is cash; b) receive the thing and the documents linked to the contract. This obligation to receive consists of performing all the acts that can reasonably be expected from the buyer. so that the seller can make the delivery, and take charge of the thing; c) pay the receipt expenses, including those of testimony of the public deed and the others after the sale. SECTION 6 Purchase and sale of furniture ARTICLE 1142.- Interpretation rule. The provisions of this Section do not exclude the application of the other Chapter regulations as far as they are compatible. 1st paragraph Price ARTICLE 1143.- Silence on the price. When the contract has been validly concluded, but the price has not been stated neither expressly nor tacitly, nor has it been stipulated a means of determining it, it is considered, unless otherwise indicated, that the parties have referred to the price generally charged at the time of the conclusion of the contract for such merchandise, sold in similar circumstances, in the commercial traffic in question. ARTICLE 1144.- Price fixed by weight, number or measure. If the price is fixed in relation to the weight, number or measure, the price proportional to the number, weight or actual measure of things sold. If the price is determined based on the weight of things, if in doubt, it is calculated by the net weight. 2nd paragraph Delivery of documentation ARTICLE 1145.- Delivery of invoice. The seller must provide the buyer with an invoice describing the thing sold, its price, or the part of it that has been paid and the other terms of the sale. If the invoice does not indicate a term for the payment of the price, it is presumed that the sale is cash. Invoice not observed within ten days of received is presumed accepted in all its content. Except legal provision, if it is of use not to issue an invoice, the seller must deliver a document proving the sale. ARTICLE 1146.- Obligation to deliver documents. If the seller is obliged to deliver documents related to the things sold, he must do so at the time, place and form fixed by the contract. In the case of early delivery of documents, the seller can, until the time set for delivery, correct any lack of their compliance, if the exercise of this right does not cause inconvenience or excessive expenses to the buyer. 3rd paragraph Delivery of the thing ARTICLE 1147.- Deadline for delivery of the thing. Delivery must be made within twenty-four hours of the conclusion of the contract, except that of the convention or uses another term turns out. ARTICLE 1148.- Place of delivery of the thing. The place of delivery is the one agreed, or the one that determines the uses or particularities of the sale. Failing that, the Delivery must be made in the place where the certain thing was when the contract was concluded. ARTICLE 1149.- Making available of things sold. Endorsement of goods in transit. The parties may agree that the provision of the merchandise sold in a certain place and unconditionally has the effects of delivery, without prejudice to the buyer's rights to review it and express its non-conformity within of the ten days of withdrawal. They can also agree that the delivery of the merchandise in transit takes place by the simple consent of the parties materialized in the assignment or endorsement of transport documents from the date of assignment or endorsement. ARTICLE 1150.- Advance delivery of things not adequate to the contract. In case of early delivery of things not appropriate to the contract, be it in quantity or quality, the seller can, until the fixed date: a) deliver the missing part or quantity of things; b) to deliver other things in substitution of the given ones or to correct any lack of adaptation of the delivered things to what has been agreed, provided that the exercise of that right do not cause inconvenience or excessive expenses for the buyer; however, the buyer retains the right to demand compensation for damages. ARTICLE 1151.- Risks of damage or loss of things. The seller is responsible for the risks of damage or loss of things, and the expenses incurred until placing it at disposition of the buyer in the terms of article 1149 or, where appropriate, of the carrier or other third party, heavy or measured and in the other agreed or resulting conditions of the applicable uses or the particularities of the sale. 4th paragraph Receipt of the thing and payment of the price ARTICLE 1152.- Payment time. Payment is made against the delivery of the thing, unless otherwise agreed. The buyer is not obliged to pay the price while he does not have the possibility of examining things, unless the modalities of delivery or payment agreed by the parties are incompatible with this possibility. ARTICLE 1153.- Purchase and sale of samples. If the sale is made on samples, the buyer cannot refuse receipt if the thing is of the same quality as the shows. ARTICLE 1154.- Purchase and sale of things that are not in sight. In the case of things that are not in sight and must be forwarded by the seller to the buyer, the thing it must conform to the contract at the time of delivery to the buyer, the carrier or the third party designated to receive it. ARTICLE 1155.- Things that are delivered in bales or under cover. If the movable items are delivered in a bundle or under cover that prevent their examination and recognition, the Buyer can claim in the ten days immediately after delivery, any lack of quantity or the inadequacy of things to the contract. The seller can demand that in the act of delivery the full recognition of the quantity and of the adequacy of the things delivered to the contract, and in that case there is no place for claims after they are received. ARTICLE 1156.- Adequacy of movable things to what has been agreed. Movable items are considered adequate to the contract if: a) they are suitable for the purposes for which things of the same type are ordinarily destined; b) they are suitable for any special purpose that is expressly or tacitly made known to the seller at the time of the conclusion of the contract, except that of the circumstances it turns out that the buyer did not trust or it was not reasonable that he trusted, in the suitability and criterion of the seller; c) they are packed or packed in the usual way for such merchandise or, if there is not, in a suitable way to preserve and protect them; d) respond to the provisions of article 1153. The seller is not responsible, under the provisions of paragraphs a) and c) of this article, for the inadequacy of the thing that the buyer knew or should know in the moment of the conclusion of the contract. ARTICLE 1157.- Determination of the adequacy of things to the contract. In the cases of articles 1153 and 1154 the buyer must inform the seller without delay of the lack of adaptation of things to what was agreed. The determination of whether the thing sent by the seller is adequate to the contract is made by expert arbitrators, unless otherwise stipulated. If the parties do not agree on the appointment of the expert arbitrator, any of them can judicially demand his appointment within the expiration period of thirty days of delivery of the thing. The judge designates the arbitrator. ARTICLE 1158.- Term to claim for the defects of things. If the sale was agreed by delivery to a carrier or to a third party other than the buyer and not there has been inspection of the thing, the terms to claim for the differences in quantity or for its non-compliance with the contract are counted from its reception by the buyer. ARTICLE 1159.- Joint sale and purchase. If the sale is for a quantity of things “together”, the buyer is not obliged to receive only a part of them, except for an agreement in contrary. If you receive it, the sale and transmission of the domain are firm in your regard. ARTICLE 1160.- Purchase and sales subject to suspensive condition. The sale is subject to the condition precedent of the acceptance of the thing by the buyer if: a) the buyer reserves the right to prove the thing; b) the sale is agreed or is, according to the usage, "to the satisfaction of the buyer". The term to accept is ten days, unless another has agreed or emanates from the uses. The thing is considered accepted and the contract is deemed concluded when the Buyer pays the price without reservation or lets the period elapse without speaking. ARTICLE 1161.- General dissemination clauses in international uses. The clauses that have diffusion in international uses are presumed to be used with the meaning that they are assigned such uses, even if the sale is not international, provided that the circumstances do not prove otherwise. ARTICLE 1162.- Purchase and sale with payment clause against documents. In the purchase and sale of movable things with clause "payment against documents", "acceptance against documents ”or other similar, the payment, acceptance or act in question can only be refused due to lack of adequacy of the documents with the contract, with independence of the inspection or acceptance of the thing sold, unless the opposite results from the convention or from the uses, or that its lack of identity with the thing sold is already proven. If the payment, acceptance or act in question must be made through a bank, the seller has no action against the buyer until the bank refuses to do so. SECTION 7 Some clauses that can be added to the sale contract ARTICLE 1163.- Re-sale agreement. Resale agreement is one by which the seller reserves the right to recover the thing sold and delivered to the buyer against restitution of the price, with the agreed excess or decrease. The contract subject to this pact is governed by the rules of the sale subject to a condition of resolution. ARTICLE 1164.- Resale agreement. Resale agreement is one by which the buyer reserves the right to return the purchased item. Exercised the right, the seller You must refund the price, with the agreed excess or decrease. The rules of the sale apply under condition of resolution. ARTICLE 1165.- Preference agreement. Preference agreement is one by which the seller has the right to recover the thing with priority to any other acquirer if the buyer decides to dispose of it. The right it grants is personal and cannot be assigned or passed to the heirs. The buyer must promptly communicate to the seller its decision to dispose of the thing and all the peculiarities of the planned operation or, where appropriate, the place and time in which the auction must be held. Unless another term results from the convention, the uses or the circumstances of the case, the seller must exercise his right of preference within ten days of receipt said communication. The rules of the sale apply under condition of resolution. ARTICLE 1166.- Pacts added to the sale of registrable items. The covenants regulated in the preceding articles can be added to the sale of things furniture and real estate. If the thing sold is registrable, the re-sale, resale and preference agreements are enforceable against interested third parties if they result from the documents registered in the corresponding registry, or if the third party has otherwise had effective knowledge. If the things sold are non-registrable furniture, the agreements are not enforceable against third-party purchasers in good faith and for consideration. ARTICLE 1167.- Deadlines. The covenants regulated in the preceding articles can be agreed for a term not to exceed five years in the case of real estate, and two years in the case of movable things, counted from the conclusion of the contract. If the parties agree a longer term is reduced to the legal maximum. The term established by law is peremptory and cannot be extended. ARTICLE 1168.- Conditional sale. Presumption. In case of doubt, the conditional sale is deemed to have been made under the condition of resolution, if, before the condition is fulfilled seller makes tradition of the thing to the buyer. ARTICLE 1169.- Effect of the sale subject to condition of resolution. The sale subject to a condition of resolution produces the effects of the contract, but the tradition or, where appropriate, registration, only transmits the revocable domain. SECTION 8 Ticket of sale ARTICLE 1170.- Real estate purchase and sale ticket. The right of the buyer in good faith takes precedence over that of third parties who have interned on the Property sold if: a) the buyer contracted with the registry holder, or can be subrogated in the legal position of the person who did it through a perfect link with the successive acquirers; b) the buyer paid at least twenty-five percent of the price prior to the injunction; c) the ticket has a certain date; d) the acquisition has sufficient publicity, whether registered, or possessory. ARTICLE 1171.- Oponibility of the ticket in the bankruptcy or bankruptcy. Real-time purchase and sale tickets issued in favor of good-faith purchasers they are opposable to the seller's bankruptcy or bankruptcy if at least twenty-five percent of the price had been paid. The judge must order that the respective Public deed. The buyer can fulfill his obligations within the agreed term. In the event that the provision by the buyer is for a term, it must be established first-degree mortgage on the property, as a guarantee of the price balance. EPISODE 2 Barter ARTICLE 1172.- Definition. There is an exchange if the parties reciprocally oblige each other to transfer ownership of things that are not money. ARTICLE 1173.- Expenses. Except as otherwise agreed, the expenses provided for in article 1138 and all other expenses originated by the exchange, are borne by the contractors in equal parts. ARTICLE 1174.- Eviction. The permutant who is expired in the property of the thing that was transmitted to him can request the restitution of the one he gave in exchange or its value to eviction time, and damage. You can choose to enforce the liability for sanitation provided in this Code. ARTICLE 1175.- Supplementary rule. In all matters not provided for in this Chapter, the rules of sale are supplementary applied. CHAPTER 3 Supply ARTICLE 1176.- Definition. Supply is the contract by which the supplier undertakes to deliver goods, including non-dependent services, periodically or continued, and the supplier to pay a price for each delivery or group of them. ARTICLE 1177.- Maximum term. The supply contract can be agreed for a maximum term of twenty years, in the case of fruits or products from the soil or subsoil, with or without elaboration process, and ten years in other cases. The maximum term is computed from the first ordinary delivery. ARTICLE 1178.- Amounts. If the entity of the benefits to be fulfilled by the supplier during certain periods is not agreed, the contract is understood held according to the normal needs of the supplier at the time of its celebration. If only maximum and minimum quantities were agreed, the supplier has the right to determine the quantity at each corresponding opportunity, within those limits. You have the same right when only a minimum has been established, between this amount and the normal needs at the time of the contract. ARTICLE 1179.- Notice. If the quantities to be delivered in each period or opportunity can be varied, each party must notify the other of the modification in its reception needs or delivery possibilities, in the way and opportunities they agree. In the absence of a convention, it must be notified in advance that allows the another part to foresee the necessary actions for an efficient operation. ARTICLE 1180.- Term in singular benefits. The legal or conventional term for the fulfillment of the singular benefits is presumed established in the interest of both parties, unless otherwise agreed. ARTICLE 1181.- Price. In the absence of a convention or use to the contrary, in the singular benefits, the price: a) it is determined according to the price of similar services that the supplier makes at the time and place of each delivery, if the service is one of those that they make on their turn ordinary business or way of life; b) failing that, it is determined by the current value of the place on the date and place of each delivery; c) must be paid within the first ten days of the calendar month following that in which the delivery occurred. ARTICLE 1182.- Preference agreement. The agreement by which one of the parties agrees to give preference to the other in the conclusion of a successive contract related to Same or similar object, is valid as long as the duration of the obligation does not exceed three years. The party that wishes to contract with third parties the total or partial replacement of the supply whose term has expired or will expire soon, must notify the other party. conditions in which it plans to contract with third parties, in the form and conditions agreed in the contract. The other party must make use of the preference, making it known according to the agreed. In the absence of stipulation in the contract, the form and conditions of use apply. Failing that, a party must notify by reliable means the conditions of the new contract thirty days before its termination and the other must make it known equally if it will use the preferential agreement within fifteen days of Notification received. In the event of its silence, its right of preference expires. ARTICLE 1183.- Contract for an undetermined time. If the duration of the supply has not been expressly established, either party may resolve it, giving prior notice in the agreed conditions. In the absence of an agreement, the uses apply. Failing that, the notice must be given in a reasonable time according to the circumstances and the nature of the supply, which in no case may be less than sixty days. ARTICLE 1184.- Resolution. In case of breach of the obligations of one of the parties in each singular benefit, the other can only terminate the contract of provision, under the terms of articles 1077 and following if the breach is of significant importance, so as to reasonably question the possibility of non-compliant to attend exactly the subsequent maturities. ARTICLE 1185.- Suspension of supply. If the breaches of one party do not have the characteristics of article 1184, the other party can only suspend their benefits until the breach is remedied, if you have warned the breach by notice given in the agreed terms or, failing that, with a reasonable anticipation based on circumstances. ARTICLE 1186.- Supplementary rules. As long as it is not foreseen in the contract or in the preceding regulations, the rules of the contracts to which they correspond, which are compatible. CHAPTER 4 Location SECTION 1 General disposition ARTICLE 1187.- Definition. There is a lease contract if one party agrees to grant to another the temporary use and enjoyment of a thing, in exchange for the payment of a price in money. The provisions regarding the consent, price and purpose of the sale contract apply to the lease contract. ARTICLE 1188.- Form. Opposability. The contract for the location of a registered real estate or movable thing, of a universality that includes any of them, or a material part of a property, must be done in writing. This rule also applies to its extensions and modifications. ARTICLE 1189.- Transmission by cause of death. Alienation of the locada thing. Except where otherwise agreed, the location: a) it is transmitted actively and passively because of death; b) it subsists for the agreed time, even if the located thing is alienated. ARTICLE 1190.- Continuator of the location. If the located thing is real estate, or material part of a real estate, destined for habitation, in case of abandonment or death of the tenant, the location can be continued under the same agreed conditions, and until the expiration of the contractual term, by whoever lives there and proves having received the Tenant ostensible family treatment during the year prior to abandonment or death. The right of the continuator in the location prevails over that of the heir of the tenant. ARTICLE 1191.- Powers of the representative. To enter into a lease for more than three years, or to collect early rent for the same period, it is required express power. SECTION 2 Object and destination ARTICLE 1192.- Things. Any present or future thing, whose possession is in the trade, can be the object of the lease contract, if it is determinable, even if it is only in its species. In the absence of any provision to the contrary, ordinary products and fruits are included in the contract. ARTICLE 1193.- Contract governed by administrative regulations. If the landlord is a legal person under public law, the contract is governed in what is pertinent by the rules administrative and, in subsidy, by those of this Chapter. ARTICLE 1194.- Destination of the located thing. The tenant must give the thing located the destination agreed in the contract. In the absence of a convention, it can give it the destiny that it had at the time of locating itself, the one that is given to similar things in the place where the thing is or that corresponds to its nature. For the purposes of this Chapter, if the destination is mixed, the corresponding norms for housing are applied. ARTICLE 1195.- Room for incapable people or people with restricted capacity. The clause that prevents entry, or excludes from the rented property, whatever its destination, to an incapable person or person with restricted capacity who is under the custody, assistance or representation of the tenant or sublocal, even if he does not live in the property. ARTICLE 1196.- Housing location. If the destination is residential, the tenant cannot be required: a) the payment of advance rentals for periods longer than one month; b) security deposits or similar requirements, for an amount greater than the amount equivalent to one month's rent for each year of the contracted location; c) the payment of key value or equivalent. SECTION 3 Location time ARTICLE 1197.- Maximum term. The time of the location, whatever its purpose, cannot exceed twenty years for the residential destination and fifty years for the other destinations. The contract is expressly renewable for a period that does not exceed the maximum expected from its inception. ARTICLE 1198.- Minimum term of the property location. The property location contract, whatever its destination, if it lacks an express and determined period of time, it is considered celebrated for the legal minimum term of two years, except in the cases of article 1199. The tenant can waive this term if he is in possession of the thing. ARTICLE 1199.- Exceptions to the legal minimum term. The legal minimum term does not apply to real estate location contracts or part of them destined to: a) headquarters of embassy, ​​consulate or international organization, and the one destined for habitation of its foreign diplomatic or consular personnel; b) room with furniture that is leased for tourism, rest or similar purposes. If the term of the contract exceeds three months, it is presumed that it was not done with those purposes; c) storage of things; d) exhibition or offer of things or services in a fairground. Neither does the legal minimum term apply to contracts that are intended to fulfill a specific purpose expressed in the contract and which should normally be fulfilled in the shortest term agreed. SECTION 4 Effects of the location 1st paragraph Landlord's obligations ARTICLE 1200.- Deliver the thing. The landlord must deliver the thing as agreed. In the absence of contractual provision, you must deliver it in an appropriate state for your destination, except the defects that the tenant knew or could have known. ARTICLE 1201.- Keep the thing with aptitude for the agreed use. The landlord must keep the thing located in a state to serve the use and enjoyment agreed and make its I charge the repair that the deterioration originates in its quality or defect, in its own fault, or in that of its dependents or in acts of third parties or fortuitous case. If upon making the repair or innovation the use and enjoyment agreed is interrupted or disturbed, the tenant has the right to have the fee reduced temporarily in proportion to the seriousness of the disturbance or, depending on the circumstances, to terminate the contract. ARTICLE 1202.- Pay improvements. The landlord must pay the necessary improvements made by the tenant to the thing located, even if it has not been agreed, if the contract is resolves without the fault of the tenant, except for destruction of the thing. ARTICLE 1203.- Frustration of the use or enjoyment of the thing. If by fortuitous event or force majeure, the tenant is prevented from using or enjoying the thing, or it cannot serve to the object of the convention, can request the rescission of the contract, or the cessation of the payment of the price for the time that it cannot use or enjoy the thing. If the fortuitous case does not affects the thing itself, its obligations continue as before. ARTICLE 1204.- Loss of luminosity of the property. The loss of luminosity of the urban property due to constructions in neighboring farms does not authorize the tenant to request the price reduction or to terminate the contract, except that the landlord's will. 2nd paragraph Tenant's obligations ARTICLE 1205.- Prohibition to vary the destination. The tenant can use and enjoy the thing according to law and exclusively for the corresponding destination. Can not vary it even if it does not harm the landlord. ARTICLE 1206.- Keep the thing in good condition. Destruction. The tenant must keep the thing and keep it in the state in which it was received. Does not comply with this obligation if he abandons it without leaving anyone to take his place. Responsible for any deterioration caused to the thing, even by occasional visitors, but not by the action of the landlord or his dependents; also responds for the destruction of the thing by fire not caused in a fortuitous event. ARTICLE 1207.- Keep the thing in good condition. Repairs. If the thing is movable, the tenant is in charge of the cost of its conservation and the mere improvements maintenance; and only these if it is real estate. If it is urgent to make the necessary repairs, you can carry them out at the cost of the landlord, giving prior notice. ARTICLE 1208.- Pay the agreed fee. The monetary benefit in charge of the tenant is integrated with the price of the location and all other periodic payment benefits conventionally assumed by the tenant. For collection it is granted by executive means. In the absence of a convention, payment must be made in advance: if the thing is movable, cash; and if it is real estate, by monthly period. ARTICLE 1209.- Pay charges and contributions for the activity. The tenant is in charge of paying the charges and contributions that originate in the destination that the crazy thing. He is not in charge of paying the charges on the thing, unless otherwise agreed. ARTICLE 1210.- To restore the thing. The tenant, at the conclusion of the contract, must return to the landlord the thing in the state in which it received it, except the deterioration from mere passage of time and regular use. You must also provide the records of the payments made by reason of the locative relationship and that are relevant to the thing or the services you have. 3rd paragraph Improvement scheme ARTICLE 1211.- Rule. The tenant may make improvements to the thing located, except that it is prohibited in the contract, alter the substance or form of the thing, or has been challenged to restore it. You are not entitled to claim payment for useful and mere luxury or luxury enhancements, but if necessary enhancements, you may claim their value from the landlord. ARTICLE 1212.- Violation of the improvement regime. Making improvements prohibited in article 1211 violates the obligation to keep the thing in the state in which it is He received. SECTION 5 Assignment and sublocation ARTICLE 1213.- Assignment. The tenant may only assign his contractual position in the terms provided in articles 1636 and following. The assignment that does not include such requirements violates the prohibition to vary the destination of the thing located. The contractual prohibition of yielding matters that of sublocating and vice versa. Assignment to the sublocation of the whole thing is considered. ARTICLE 1214.- Sublocation. The tenant may sublocate part of the thing located, if there is no agreement to the contrary. For this you must notify the landlord, through reliable, its intention to sublocate and indicate the name and address of the person with whom it intends to contract, and the destination that the sublocation will assign to the thing. The landlord can only oppose by reliable means, within the term of ten days of notification. The landlord's silence matters his compliance with the proposed sublocation. The sublocation contracted despite the opposition of the locator, or with deviation from the terms communicated to it, violates the prohibition to vary the destination of the thing located. ARTICLE 1215.- Relations between sublocadora and sublocatario. Between sublocator and sublocatary the norms established in the respective contract and those of this Chapter govern. This implicit the clause to use and enjoy the thing without violating the main contract. ARTICLE 1216.- Direct actions. Without prejudice to his rights with respect to the tenant, the landlord has direct action against the sublocal to collect the rent owed by the tenant, to the extent of the debt of the sublocationary. You can also demand from it the fulfillment of the obligations that the sublocation imposes on you, including the compensation for damages caused by improper use of the thing. Conversely, the sublocate has direct action against the landlord to obtain in his favor the fulfillment of the obligations assumed in the lease contract. The conclusion of the lease determines the cessation of the sublease, unless it has been caused by confusion. SECTION 6 Extinction ARTICLE 1217.- Extinction of the location. They are special ways of extinguishing the location: a) compliance with the agreed term, or requirement provided in article 1218, as appropriate; b) early resolution. ARTICLE 1218.- Continuation of the concluded location. If the agreed term or the legal minimum term expires in the absence of a convention, and the tenant continues to hold of the thing, there is no tacit redirection, but the continuation of the location in the same contracted terms, until any of the parties terminates the contract through reliable communication. The receipt of payments during the continuation of the location does not alter the provisions of the first paragraph. ARTICLE 1219.- Resolution attributable to the tenant. The landlord can terminate the contract: a) due to change of destination or irregular use under the terms of article 1205; b) for lack of conservation of the located thing, or its abandonment without leaving whoever does its times; c) for non-payment of the agreed monetary benefit, for two consecutive periods. ARTICLE 1220.- Resolution attributable to the landlord. The tenant can terminate the contract if the landlord breaches: a) the obligation to keep the thing fit for use and enjoyment agreed; b) the guarantee of eviction or of redhibitory vices. ARTICLE 1221.- Advance resolution. The leasing contract can be terminated in advance by the tenant: a) if the thing located is a property and six months of the contract have elapsed, and the decision must be reliably notified to the landlord. If you use the option resolutory in the first year of validity of the rental relationship, must pay the landlord, as compensation, the amount equivalent to one and a half months rent time to vacate the property and one month if the option is exercised after said period; b) in the cases of article 1199, having to pay the landlord the equivalent of two months rent. SECTION 7 Effects of extinction ARTICLE 1222.- Payment intimation. If the destination is residential, prior to the eviction request for non-payment of rent, the landlord must be intimate authenticated to the tenant the payment of the due amount, granting for it a term that should never be less than ten calendar days counted from the reception of the intimation, consigning the place of payment. ARTICLE 1223.- Eviction. Upon termination of the lease, the tenure of the thing placed must be restored. The procedure provided in this Code for the implicit resolution clause does not apply to the demand for eviction for the causes of articles 1217 and 1219, paragraph c). The term of execution of the eviction sentence cannot be less than ten days. ARTICLE 1224.- Powers over useful or luxury improvements. The tenant may withdraw the useful or luxury enhancement upon completion of the location; but you can't do it if you agreed that it be for the benefit of the thing, if the separation is followed by damage to it, or separating it does not bring it any benefit. The landlord can acquire the improvement made in violation of a contractual prohibition, paying the highest value that the thing acquired. ARTICLE 1225.- Expiration of the bond. Renewal. The debtor's obligations automatically cease at the expiration of the term of the lease, except that derived from the no restitution in time of the located property. The express consent of the guarantor is required to be bound in the express or tacit renewal or extension, once the term of the lease contract expires. Any advance provision that extends the bond, whether simple, solidary as co-debtor or main payer, of the original lease contract is void. ARTICLE 1226.- Power of retention. The exercise of the right of retention by the tenant empowers him to perceive the natural fruits that the thing produces. If it does, at At the moment of perception, it must compensate that value with the sum that is due to it. CHAPTER 5 Leasing ARTICLE 1227.- Concept. In the leasing contract, the giver agrees to transfer to the policy holder the possession of a certain and determined good for its use and enjoyment, against the payment of a fee and gives you a purchase option for a price. ARTICLE 1228.- Object. Furniture and real estate, trademarks, patents or industrial models and software, owned by the giver or on the that the giver has the power to lease. ARTICLE 1229.- Canon. The amount and frequency of each fee is conventionally determined. ARTICLE 1230.- Exercise price of the option. The exercise price of the purchase option must be fixed in the contract or be determinable according to procedures or agreed guidelines. ARTICLE 1231.- Modalities in the election of the good. The property object of the contract can: a) be purchased by the giver from a person indicated by the policyholder; b) be purchased by the giver according to the specifications of the policyholder or according to catalogs, brochures or descriptions identified by the latter; c) to be purchased by the giver, who substitutes the policyholder, for this purpose, in a purchase and sale agreement that the latter has entered into; d) be the property of the giver prior to its contractual relationship with the policyholder; e) be acquired by the giver from the taker by the same contract or have been previously acquired; f) be at the legal disposal of the giver by title that allows him to establish a lease on it. ARTICLE 1232.- Responsibilities, actions and guarantees in the acquisition of the property. In the cases of subsections a), b) and c) of article 1231, the giver fulfills the contract acquiring the goods indicated by the policy holder. The policy holder can claim from the seller, without the need for an assignment, all the rights that arise from the buy and sell. The giver may be released conventionally from delivery responsibilities and sanitation obligation. In the cases of subsection d) of article 1231, as well as in those cases in which the giver is a manufacturer, importer, seller or builder of the property leased, the giver does not can be released from the obligation of delivery and the obligation of sanitation. In the cases of subsection e) of the same article, the giver is not liable for the delivery obligation or for a guarantee of sanitation, unless otherwise agreed. In the cases of subsection f), the rules of the preceding paragraphs of this article should be applied, as appropriate to the specific situation. ARTICLE 1233.- Services and accessories. The services and accessories necessary for the design, installation, commissioning and commissioning may be included in the contract. disposition of the goods given in leasing, and their price to integrate the calculation of the canon. ARTICLE 1234.- Form and registration. The leasing must be implemented in a public deed if its object is real estate, ships or aircraft. In all other cases you can be held by public or private instrument. For the purposes of its enforceability against third parties, the contract must be registered in the corresponding registry according to the nature of the thing that constitutes its object. The inscription in the registry can be made from the conclusion of the leasing contract, and regardless of the date on which it is necessary to deliver the thing object of the promised provision. In order to produce effects against third parties from the delivery of the leased asset, registration must be requested within five subsequent business days. After that term, it produces that effect since the contract is presented for registration. If it is non-registrable furniture or a software, must be registered in the Registry of Pledge Credits of the place where the thing is located or, where appropriate, where it or the software must be made available to the taker. In the case of real estate, registration is maintained for a period of twenty years; in the other assets it is kept for ten years. In both cases it can be renewed before its expiration, by request of the giver or court order. ARTICLE 1235.- Modalities of the goods. For the purposes of registering the leasing contract, the applicable legal and regulatory standards are applicable. according to the nature of the goods. In the case of non-registrable furniture or software, the registration rules of the Law of Pledge with Registration and the others that govern the operation of the Registry of Pledge Credits. When the leasing includes movable items located in different jurisdictions, the provisions of the Pledge with Registration Act apply for the same circumstances. The registry must issue certificates and reports. The certi fi cate stating that no leasing contract is registered on certain assets has legal effectiveness up to twenty-four hours of dispatch. ARTICLE 1236.- Transfer of goods. The policy holder cannot remove the movable property from the place where it must be in accordance with the provisions of the contract signed up. You can only transfer them with the express agreement of the giver, granted in the contract or by a subsequent written act, and after the transfer has been registered and the giver's agreement in the corresponding records. The pertinent norms of the Pledge with Registration Law apply in this regard. ARTICLE 1237.- Opposability. Subrogation. The duly registered contract is enforceable against the creditors of the parties. The borrower's creditors can be subrogated in the rights of the latter to exercise the purchase option. ARTICLE 1238.- Use and enjoyment of the good. The policyholder can use and enjoy the property that is the object of the leasing according to its destination, but cannot sell, tax or dispose of it. The ordinary and extraordinary expenses of conservation and use, including insurance, taxes and fees, that fall on the goods and the penalties caused by their use, are a policyholder's charge, unless otherwise agreed. The policy holder may lease the property subject to leasing, unless otherwise agreed. In no case can the tenant or lessee claim rights over the property that prevent or limit in any way the rights of the giver. ARTICLE 1239.- Claim action. The sale or lien consented by the policy holder is unenforceable to the giver. The giver has a claim action on the movable thing that is in the possession of any third party, being able to make direct application of the provisions of article 1249 subsection a), without prejudice to the responsibility of the policy holder. ARTICLE 1240.- Purchase option. Exercise. The purchase option can be exercised by the policyholder once he has paid three quarters of the stipulated total fee, or earlier if the parties so agreed. ARTICLE 1241.- Extension of the contract. The contract may provide for its extension at the policyholder's option and the conditions of its exercise. ARTICLE 1242.- Transfer of the domain. The policyholder's right to transfer the domain is born with the exercise of the purchase option and the payment of the exercise price of the option as determined in the contract. The domain is acquired once these requirements are met, except that the law requires others according to the nature of the property of in question, for which purpose the parties must grant the documentation and carry out the other necessary acts. ARTICLE 1243.- Objective responsibility. The objective liability arising from article 1757 falls exclusively on the taker or guardian of the things given in leasing. ARTICLE 1244.- Cancellation of registration. Assumptions. The registration of the leasing on non-recordable furniture and software is canceled: a) by court order, issued in a process in which the giver had the opportunity to take due participation; b) at the request of the giver or its assignee. ARTICLE 1245.- Cancellation at the request of the policy holder. The policy holder can request the cancellation of the registration of the leasing on non-registrable furniture and software if accredits: a) compliance with the requirements set forth in the contract entered to exercise the purchase option; b) the deposit of the total amount of the remaining fees to be paid and of the exercise price of the option, with its accessories, if applicable; c) the reliable interpellation to the giver, for a period of not less than fifteen working days, offering the payments and requesting the cancellation of the registration; d) the fulfillment of the other contractual obligations enforceable in his charge. ARTICLE 1246.- Cancellation procedure. Once the cancellation is requested, the person in charge of the registry must notify the giver, at the address established in the contract, by letter. certified: a) if the notified expresses agreement, the registration is canceled; b) if the giver does not make observations within fifteen business days from the notification, and the person in charge estimates that the deposit complies with the provisions of the contract, proceed to cancellation and notify the giver and the policyholder; c) If the giver makes observations or the person in charge deems the deposit insufficient, it communicates it to the policy holder, who has expedited the pertinent actions. ARTICLE 1247.- Assignment of contracts or credits of the giver. The giver can always assign the current or future credits by canon or exercise price of the option of purchase. For the purposes of its securitization, it may do so under the terms of articles 1614 and following of this Code or in the manner provided by special law. This assignment does not damages the rights of the policy holder with respect to the exercise or non-exercise of the purchase option or, where appropriate, the early cancellation of the fees, all according to the agreed in the contract. ARTICLE 1248.- Breach and execution in the case of real estate. When the object of the leasing is a real thing, the breach of the obligation of the policy holder paying the royalty produces the following effects: a) If the policyholder has paid less than a quarter of the total agreed upon canon amount, the default is automatic and the giver can judicially demand the eviction. It should be given seen for five days to the policy holder, who can document the payment of the periods demanded from him or stop the process, once, by paying the owed, with more its interests and costs. Otherwise, the judge must order the launch without further process; b) if the policyholder has paid a quarter or more but less than three quarters of the agreed fee, the default is automatic; the giver must intimate it to the payment of the or periods due plus interest and the policyholder has a one-time period of not less than sixty days, counted from the receipt of the notification, to the payment of the period or periods owed plus your interest. After that period without the payment being verified, the giver can demand the eviction, which must be given view to the policyholder for five days. Within this period, the policyholder can demonstrate the payment of what is claimed, or stop the procedure by paying the amount owed with plus your interests and costs, if you had not previously resorted to this procedure. If, according to the contract, the policy holder can exercise the purchase option, in the same period, you can also pay the exercise price of that option, with its contractual and legal accessories. Otherwise, the judge must order the launch without further ado Procedure; c) If the default occurs after having paid three quarters of the royalty, the default is automatic; the giver must intimate it to the payment and the taker has the option to pay what is owed plus interest within ninety days, counted from the receipt of the notification if it had not previously resorted to that procedure, or the exercise price of the purchase option that results from the application of the contract, on the date of default, with your interests. After that period without the payment is verified, the giver can demand the eviction, from which the policyholder must be seen for five days, who can only paralyze him exercising any of the options provided for in this subsection, adding the costs of the process; d) produced the eviction, the giver can claim the payment of the periods of canon owed until the moment of the launch, with more his interests and costs, by way executive. The giver may also claim damages resulting from the abnormal deterioration of the thing attributable to the policyholder for intent, fault or negligence by the way relevant procedural. ARTICLE 1249.- Kidnapping and execution in case of furniture. When the object of leasing is a movable thing, before the default of the taker in the payment of the canon, the giver can: a) Obtain the immediate seizure of the property, with the sole presentation of the registered contract, and proof of having questioned the policyholder for a period of not less than five days to regularization. After the kidnapping, the contract is terminated. The giver may promote execution for the collection of the fee that has ordinarily accrued up to full period in which the kidnapping occurred, the criminal clause agreed in the contract and your interests; all without prejudice to the action of the giver for damages, and the policyholder's action if applicable; or b) act by executive means for the collection of the unpaid royalty, including the entire pending royalty; if so agreed, with the sole presentation of the contract enrolled and its accessories. In this case, the kidnapping only proceeds when the ordinary term of the leasing has expired without having paid the full canon and the price of the purchase option, or when the danger in the preservation of the property is summarily demonstrated, the giver must grant sufficient guarantee. In the executive trial provided for Both clauses can include the execution against the guarantors or guarantors of the policyholder. The registered address is the one established in the contract. ARTICLE 1250.- Supplementary rules. In all matters not provided for in this Chapter, the leasing contract is subject to the rules of the lease agreement, insofar as they are compatible, while the policy holder has not paid the entire fee and exercised the option, with payment of its price. The provisions do not apply to leasing relative to minimum and maximum terms of the location of things nor those conventionally excluded. The rules of the sales contract apply to it subsidiarily to the determination of the exercise price of the purchase option and for the acts subsequent to its exercise and payment. CHAPTER 6 Work and services SECTION 1 Provisions common to works and services ARTICLE 1251.- Definition. There is a work or service contract when a person, depending on the case of the contractor or service provider, acting independently, undertakes in favor of another, called principal, to carry out a material or intellectual work or to provide a service by means of remuneration. The contract is free if the parties so agree or when due to the circumstances of the case the intention to benefit can be presumed. ARTICLE 1252.- Qualification of the contract. If there is doubt about the qualification of the contract, it is understood that there is a service contract when the obligation to do consists of carry out a certain activity independent of its effectiveness. The contract is considered to be a work contract when an effective, reproducible or deliverable result is promised. The services provided in a dependency relationship are governed by the rules of labor law. The provisions of this Chapter are integrated with the specific rules that may be applicable to specially regulated services or works. ARTICLE 1253.- Means used. In the absence of adjustment on the way of doing the work, the contractor or service provider freely chooses the means of execution of the contract. ARTICLE 1254.- Cooperation of third parties. The contractor or service provider may use third parties to perform the service, except as provided or the nature of the obligation it turns out that he was chosen for his qualities to carry it out personally in whole or in part. In any case, keep the address and responsibility for execution. ARTICLE 1255.- Price. The price is determined by the contract, the law, the uses or, failing that, by a judicial decision. Tariff laws cannot curtail the power of the parties to determine the price of works or services. When said price must be established judicially, on the basis of the application of said laws, its determination must be adapted to the work carried out by the provider. If the strict application of tariffs premises leads to an evident and unjustified disproportion between the resulting remuneration and the importance of the work accomplished, the judge can equitably fix the retribution. If the work or service has been contracted for a global price or for a unit of measurement, neither party can claim the modification of the total or unit price. measure, respectively, based on the fact that the work, service or unit requires less or more work or that its cost is less or greater than expected, except as provided in article 1091. ARTICLE 1256.- Obligations of the contractor and the provider. The contractor or service provider is obliged to: a) execute the contract in accordance with the contractual provisions and with the knowledge reasonably required at the time of its execution by art, science and technique corresponding to the activity carried out; b) inform the principal about the essential aspects of the fulfillment of the committed obligation; c) provide the adequate materials that are necessary for the execution of the work or service, unless something different has been agreed or results from the uses; d) diligently use the materials provided by the principal and inform him immediately in case those materials are improper or have defects that the contractor or provider should know; e) Execute the work or the service in the agreed time or, failing that, in which it reasonably corresponds according to its nature. ARTICLE 1257.- Obligations of the principal. The principal is obliged to: a) pay the remuneration; b) provide the contractor or the provider with the necessary collaboration, according to the characteristics of the work or service; c) receive the work if it was executed in accordance with the provisions of article 1256. ARTICLE 1258.- Contracting risks. If the goods necessary for the execution of the work or service perish due to force majeure, the loss is borne by the party that I had to provide them. ARTICLE 1259.- Death of the principal. The death of the principal does not extinguish the contract, except that it makes the execution impossible or useless. ARTICLE 1260.- Death of the contractor or provider. The death of the contractor or provider extinguishes the contract, unless the principal agrees to continue it with the heirs of that one. In case of extinction, the principal must pay the cost of the usable materials and the value of the part made in proportion to the total agreed price. ARTICLE 1261.- Unilateral withdrawal. The principal may withdraw from the contract of his own free will, even if the execution has begun; but you must indemnify the provider all the expenses and works carried out and the utility that could have been obtained. The judge can equally reduce the utility if the strict application of the norm leads to a notorious injustice. SECTION 2 Special provisions for works ARTICLE 1262.- Contracting systems. The work can be contracted by lump sum adjustment, also called “global remuneration”, by unit of measure, by cost and costs or by any other system agreed by the parties. The contracting can be done with or without provision of materials by the principal. If it is real estate, the work It can be carried out on the client's or third party's land. If nothing was agreed or arises from the uses, it is presumed, except for evidence to the contrary, that the work was contracted by elevation adjustment and that it is the contractor who supplies the materials. ARTICLE 1263.- Remuneration. If the work is contracted by the execution system at cost and costs, the remuneration is determined on the value of the materials, by the hand of work and other direct or indirect expenses. ARTICLE 1264.- Variations of the agreed project. Whatever the contracting system, the contractor cannot vary the project already accepted without written authorization of the principal, except that the modifications are necessary to execute the work in accordance with the rules of the art and could not have been foreseen at the time of the recruitment; The need for such modifications must be communicated immediately to the principal with an indication of their estimated cost. If the variations involve a increase of more than a fifth of the agreed price, the principal may extinguish it by communicating his decision within ten days of knowing the need for the modification and its estimated cost. The principal may introduce variants to the project as long as they do not imply a substantial change in the nature of the work. ARTICLE 1265.- Differences in remuneration arising from authorized modifications. In the absence of agreement, the price differences arising from the authorized modifications in this Chapter they are established judicially. ARTICLE 1266.- Work by piece or measure. If the work was agreed by piece or measure without designating the number of pieces or the total measure, the contract may be extinguished by any of the contracting parties that are the parties designated as the minimum limit, owing the benefits corresponding to the part concluded. If the number of pieces or the total measurement has been designated, the contractor is obliged to deliver the finished work and the principal to pay the remuneration resulting from the total of the agreed units. ARTICLE 1267.- Impossibility of execution of the provision without fault. If the execution of a work or its continuation becomes impossible for a reason not attributable to any of the parties, the contract is terminated. The contractor is entitled to obtain equitable compensation for the work performed. ARTICLE 1268.- Destruction or deterioration of the work by fortuitous event before delivery. Destruction or deterioration of an important part of the work by fortuitous event Before being received, it authorizes any of the parties to terminate the contract, with the following effects: a) if the contractor provides the materials and the work is carried out on the client's property, the contractor is entitled to its value and to fair compensation for the task effected; b) if the cause of the destruction or significant deterioration is the poor quality or inadequacy of the materials, the agreed remuneration is not due even if the contractor has This circumstance was duly notified to the principal; c) if the principal is in arrears in the reception at the time of the destruction or deterioration of an important part of the work, he must pay the agreed remuneration. ARTICLE 1269.- Right to verify. At all times, and provided that it does not prejudice the development of the works, the client of a work has the right to verify at his expense the state of progress, the quality of the materials used and the work carried out. ARTICLE 1270.- Acceptance of the work. The work is considered accepted when the circumstances of article 747 are present. ARTICLE 1271.- Vices or defects and differences in quality. The rules on vices or defects apply to differences in the quality of the work. ARTICLE 1272. Warranty terms. If a guarantee period is agreed or is in use so that the client verifies the work or verifies its operation, the reception will considered provisional and does not presume acceptance. If it is a matter of defects that do not affect the solidity or make the work improper for its destination, a guarantee term was not agreed nor is it of use to grant it, once the work is accepted, the contractor: a) is free of liability for apparent defects; b) is liable for vices or defects not apparent at the time of receipt, with the extension and within the terms provided for the guarantee for hidden defects provided in the articles 1054 and concordant. ARTICLE 1273.- Work in ruin or improper for its destination. The builder of a work carried out in a building destined by its nature to have a long duration responds to the principal and the purchaser of the work for the damages that compromise its solidity and for those that make it improper for its destiny. The constructor is only released if you test the incidence of an external cause. No fault of the ground, even if the land belongs to the principal or a third party, or the defect of the materials, even if they are not provided by the contractor. ARTICLE 1274.- Extension of the responsibility for work in ruin or improper for its destination. The liability provided for in article 1273 extends concurrently: a) to any person who sells a work that they have built or have built if they make this activity their usual profession; b) any person who, although acting as agent of the owner of the work, fulfills a mission similar to that of a contractor; c) according to the cause of the damage, to the subcontractor, the designer, the construction manager and any other professional linked to the principal by a construction work contract referred to the damaged work or any of its parts. ARTICLE 1275.- Expiration term. For the liability provided for in articles 1273 and 1274 to be applicable, the damage must occur within ten years of accepted the work. ARTICLE 1276.- Nullity of the exclusion or limitation of liability clause. Any clause that dispenses or limits the liability foreseen for the damages that they compromise the solidity of a work carried out in a building intended for long duration or that make it inappropriate for its destination, it is considered not written. ARTICLE 1277.- Complementary responsibilities. The builder, subcontractors, and professionals involved in a construction are required to observe administrative regulations and are responsible, even vis-à-vis third parties, for any damage caused by non-compliance with such provisions. SECTION 3 Special rules for services ARTICLE 1278.- Applicable rules. The rules of Section 1 of this Chapter and those corresponding to the obligations to do are applicable to services. ARTICLE 1279.- Continued services. The contract for continuous services can be agreed for a specified time. If nothing has been stipulated, it is understood that it has been undetermined time. Either party may terminate the contract of indefinite duration; for this, you must give notice with reasonable anticipation. CHAPTER 7 Transport SECTION 1 General disposition ARTICLE 1280.- Definition. There is a transport contract when one party called a carrier or carrier agrees to move people or things from one place to another, and the other, Call passenger or shipper, you are obliged to pay a price or freight. ARTICLE 1281.- Scope of application. Except as provided in special laws, the rules of this Chapter apply whatever the means used for the transport. Multimodal transportation is governed by special law. ARTICLE 1282.- Free transportation. Free transportation is not governed by the rules of this Chapter, unless it is carried out by a carrier that offers its services to the public in the course of its activity. ARTICLE 1283.- Offer to the public. The carrier that offers its services to the public is obliged to accept orders compatible with the ordinary means of provides, except that there is a serious reason for rejection; and the passenger or the carrier are obliged to follow the instructions given by the carrier according to the law or the regulations. The transports must be carried out according to the order of the orders and, in case there are several simultaneous ones, preference should be given to those with the longest route. ARTICLE 1284.- Term. The carrier must carry out the agreed transfer within the term agreed in the contract or at the established times and, in the absence of both, of According to the uses of the place where the transport should start. ARTICLE 1285.- Total or partial loss of the freight due to delay. Produced the delay in the transfer of the transported things, if the carrier does not prove the cause of others, he loses a part of the freight proportional to the delay, so that it loses the total if the time taken is twice the period in which it should have been completed. The provisions of this article do not prevents you from claiming the greatest damages caused by the delay. ARTICLE 1286.- Carrier responsibility. The carrier's liability for damage to the persons transported is subject to the provisions of the articles 1757 and following. If the transport is of things, the carrier excuses himself proving the other's cause. The vice proper to the thing transported is considered an outside cause. ARTICLE 1287.- Successive or combined transportation. In successive or combined transports to be carried out by several carriers, each of them is liable for damages produced during your own tour. But if the transport is assumed by several carriers in a single contract, or where the damage occurs cannot be determined, all of them respond jointly without prejudice to the reimbursement actions. SECTION 2 People transport ARTICLE 1288.- Beginning and end of transportation. The transport of people includes, in addition to the transfer, the embarkation and disembarkation operations. ARTICLE 1289.- Obligations of the carrier. The carrier's obligations regarding the passenger: a) provide you with the place to travel that has been agreed or the available regulation enabled; b) transfer it to the agreed place; c) guarantee their safety; d) carry your luggage. ARTICLE 1290.- Obligations of the passenger. The passenger is obliged to: a) pay the agreed price; b) appear at the agreed time and place to start the trip; c) comply with administrative provisions, observe the regulations established by the carrier for the best order during the trip and obey the orders of the carrier or of their representatives given for the same purpose; d) prepare your luggage, which must comply with the regulations and weight. ARTICLE 1291.- Extension of responsibility. In addition to its responsibility for breach of contract or delay in execution, the carrier is liable for claims that affect the person of the passenger and the damage or loss of their things. ARTICLE 1292.- Limiting clauses of liability. The clauses limiting the liability of the personal carrier for death or personal injury are they are not written. ARTICLE 1293.- Responsibility for luggage. The provisions relating to the liability of the carrier of things for the loss or deterioration of things transported, they are applied to the loss or deterioration of the luggage that the passenger carries, with the exception of the provisions of article 1294. ARTICLE 1294.- Things of value. The carrier does not respond for loss or damage suffered by objects of extraordinary value that the passenger carries with him and there is no declared before or at the beginning of the trip. Neither is it responsible for the loss of carry-on baggage and the other effects that have remained in the custody of the passenger, unless the latter proves the fault of the passenger. carrier. ARTICLE 1295.- Interruption of the successive transport. Without prejudice to the application of article 1287, first paragraph, damages caused by interruption of the trip must be determine in terms of the total journey. SECTION 3 Transport of things ARTICLE 1296.- Obligations of the shipper. The shipper must declare the contents of the cargo, identify the packages externally, present the cargo with packaging appropriate, indicate the destination and the recipient, and deliver the required documentation to the carrier. If special documents are required, the shipper must deliver them to the carrier at the same time as the things to be transported. ARTICLE 1297.- Liability of the shipper. The shipper is responsible for the damages suffered by the carrier, other shippers or third parties, derived from the omission or the inaccuracy of the indications or the lack of delivery or the irregularity of the documentation. ARTICLE 1298.- Waybill. The carrier has the right to require the shipper to sign a document containing the indications set forth in the article 1296 and the stipulations agreed for transportation. Your issue imports receipt of cargo. ARTICLE 1299.- Second copy. The shipper has the right to require the carrier to sign and deliver a copy of the consignment note. This document is called the second copy of the consignment note and can be nominative, to order or to the bearer. If the carrier has issued the second copy of the bill of lading to order, the rights arising from the contract against it, are transferable by endorsement. ARTICLE 1300.- Guide. If there is no waybill, the shipper has the right to require the carrier to deliver a cargo receipt, called a guide, with the same content of that. ARTICLE 1301.- Inoponibility. The stipulations not contained in the second copy of the consignment note or in the guide are not enforceable against third party carriers of good faith. This document must be delivered to the carrier upon delivery by the carrier of the transported cargo. ARTICLE 1302.- Disposition of cargo. If the second copy of the bill of lading and the guide have not been issued, the shipper has the disposition of the load and can modify the instructions given to the carrier, with the obligation to reimburse the expenses and compensate the damages derived from that change. ARTICLE 1303.- Carrier of the second copy. When the carrier has issued a second copy of the consignment note or guide, only the legitimate carrier of any of These documents have the disposition of the cargo and can issue instructions to the carrier, which must be noted on the instrument and signed by the carrier. ARTICLE 1304.- Rights of the recipient. The rights arising from the transport contract correspond to the recipient from the moment things arrive at their destination, or from the time, expired the transport period, has required delivery to the carrier. However, the recipient cannot exercise such rights except against payment to the carrier of your transportation credits. ARTICLE 1305.- Making available. The carrier must make the cargo available to the consignee at the place, within the term and with the modalities agreed in the contract or, failing that, by uses. If the shipper has issued a consignment note, it must be displayed and delivered to the carrier. The holder of the second copy of the bill of lading or of the guide to the bearer or to the order, must return the document to the carrier at the time of delivery of the cargo. ARTICLE 1306.- Delivery. The carrier is obliged to deliver the cargo in the same state in which it was received, except for other reasons. If you have received it without reservation, He presumes that she had no apparent defects and was well-suited for transport. The recipient is not obliged to receive things with damages that prevent the use or consumption that are their own. ARTICLE 1307.- Impediments and delay in the execution of the transport. If the beginning or the continuation of the transport are prevented or excessively delayed due to not attributable to the carrier, he must immediately inform the shipper and ask for instructions. You are obligated to custody the cargo. If circumstances make it impossible request for instructions, the carrier can deposit the things and, if they are subject to rapid deterioration or perishable, he can make them sell so that they do not lose their value. ARTICLE 1308.- Impediments for delivery. If the recipient cannot be found or refuses to receive the transported items or delays their receipt, the carrier You must immediately request instructions from the charger and the solutions provided in article 1307 apply. ARTICLE 1309.- Responsibility of the carrier against the loader. The carrier that delivers the things to the recipient without charging the own credits or those that the shipper You have been entrusted to collect against delivery of the cargo, or without demanding the deposit of the agreed sum, you are responsible to the shipper for what is due and you cannot go against him for the payment of his own debts. It maintains its action against the recipient. ARTICLE 1310.- Responsibility for fault. If it is fragile things, poorly conditioned for transport, subject to easy deterioration, animals or transport For specials, the carrier may agree that it only responds if proven guilty. This convention cannot be included in a general predisposed clause. ARTICLE 1311.- Calculation of damage. Compensation for loss or damage of things is the value of things or their impairment, at the time and place where delivered or should have been delivered to the recipient. ARTICLE 1312.- Natural loss. In the transport of things that, by their nature, are subject to decrease in weight or measure during transport, the Carrier is only liable for decreases that exceed the natural loss. It also responds if the shipper or recipient proves that the decrease has not occurred due to the nature of things or that, due to the circumstances of the case, it could not reach the proven magnitude. ARTICLE 1313.- Limitation of liability. Prohibition. Those who routinely perform transportation services cannot limit the liability rules precedents, except in the case of article 1310. ARTICLE 1314.- Checking things before delivery. The recipient has the right to have their cost checked before receipt of their identity and status. If there are losses or failures, the carrier must reimburse the expenses. The carrier may require the recipient to open and acknowledge the cargo; and if the latter refuses or fails to do so, the carrier is released from all liability, except intent. ARTICLE 1315.- Effects of the reception of the transported things. The reception by the recipient of the transported things and the payment of what is due to the carrier Extinct the actions derived from the contract, except fraud. Only the actions for partial loss or unrecognizable damage at the time of delivery, which must be deducted within five days of receipt. ARTICLE 1316.- Fault of the shipper or a third party. If the transport could not be started or completed or the delivery cannot be made by the fact of the shipper, or by a legitimate holder of the second copy of the bill of lading or of the guide, or of the recipient, the carrier is entitled to the price or a proportional part of it, as the case may be, and the reimbursement of additional expenses incurred. ARTICLE 1317.- Transport with re-expedition of things. If the carrier agrees to deliver the cargo to another carrier and does not accept a waybill to a destination other than such delivery, your responsibilities as a carrier are presumed to end with it, with no additional obligations other than to employ a reasonable diligence in hiring the next carrier. ARTICLE 1318.- Representation in the successive transport. Each successive carrier has the right to state in the consignment note, or in a separate document, the state in which you have received the transported things. The last carrier represents the others for the collection of their credits and the exercise of their rights on the loads transported. CHAPTER 8 Mandate ARTICLE 1319.- Definition. There is a mandate contract when a party agrees to perform one or more legal acts in the interest of another. The mandate can be conferred and accepted expressly or tacitly. If a person knows that someone is doing something in his interest, and does not prevent it, being able to do it, understands that it has tacitly conferred mandate. The execution of the mandate implies its acceptance even without an express declaration on it. ARTICLE 1320.- Representation. If the principal confers power to be represented, the provisions of articles 362 and following apply to him. Even when the mandate does not confer power of representation, the aforementioned provisions apply to relations between principal and agent, in all that does not result modified in this Chapter. ARTICLE 1321.- Mandate without representation. If the principal does not grant power of representation, the agent acts in his own name but in the interest of the principal, who it is not directly bound with respect to the third party, nor the latter with respect to the principal. The principal may be subrogated in the actions that the agent has against the third party, and likewise the third party in the actions that the agent may exercise against the principal. ARTICLE 1322.- Onerosity. The mandate is presumed onerous. In the absence of an agreement on remuneration, the remuneration is that established by legal provisions or applicable regulations, or use. In the absence of both, it must be determined by the judge. ARTICLE 1323.- Capacity. The mandate may be conferred on an incapable person, but he / she can oppose the nullity of the contract if he / she is sued for non-execution of the obligations or for accountability, except the action of restitution of what has become your advantage. ARTICLE 1324.- Obligations of the agent. The president is obliged to: a) comply with the acts included in the mandate, in accordance with the instructions given by the principal and the nature of the business that constitutes its object, with the care that he would put in his own affairs or, where appropriate, that required by the rules of his profession, or by the uses of the place of execution; b) give immediate notice to the principal of any supervening circumstance that reasonably advises to deviate from the instructions received, requiring new instructions or ratification of the above, and adopt the indispensable and urgent measures; c) inform the client without delay of any conflict of interest and any other circumstance that may motivate the modification or revocation of the mandate; d) keep in reserve any information that it acquires due to the mandate that, due to its nature or circumstances, is not intended to be disclosed; e) give notice to the principal of any value received by reason of the mandate, and make it available to him; f) render an account of its management at the agreed opportunities or at the expiration of the mandate; g) deliver to the principal the profits derived from the business, with the default interest, from the sums of money that he has used for his own benefit; h) report at any time, at the request of the principal, on the execution of the mandate; i) display to the principal all the documentation related to the entrusted management, and deliver the corresponding documentation according to the circumstances. If the business entrusted to the president is one that, due to his office or his way of life, he accepts regularly, even when he is exempt from the commission, he must take the urgent conservatory provisions required by the business entrusted to it. ARTICLE 1325.- Conflict of interests. If there is a conflict of interest between the principal and the representative, the latter must postpone his interests in the execution of the mandate, or give up. Obtaining, in the performance of the post, a benefit not authorized by the principal, makes the agent lose his right to remuneration. ARTICLE 1326.- Mandate to several people. If the mandate is conferred on several persons without expressly stipulating the form or order of their performance, it is understood that they can be carried out jointly or separately. ARTICLE 1327.- Substitution of the mandate. The agent may substitute the execution of the mandate in another person and is responsible for the election of the substitute, except when it does so by indication of the principal. In case of substitution, the principal has direct action against the substitute provided for in articles 736 and concordant, but not is obliged to pay you compensation if the replacement was not necessary. The president responds directly for the performance of the substitute when he was not authorized to substitute, or when the substitution was unnecessary for the execution of the mandate. ARTICLE 1328.- Obligations of the principal. The client is obliged to: a) provide the agent with the necessary means for the execution of the mandate and compensate him, at any time that is required, for all reasonable expenses incurred for that purpose; b) indemnify the agent for the damages he suffers as a consequence of the execution of the mandate, not attributable to the agent himself; c) release the agent from the obligations assumed with third parties, providing him with the necessary means to do so; d) pay the agent the agreed remuneration. If the mandate is terminated without the fault of the agent, he owes the part of the remuneration provided for the service performed; but yes the president has received a greater advance than his share, the principal cannot demand his restitution. ARTICLE 1329.- Termination of the mandate. The mandate expires: a) due to the expiration of the term for which it was granted, or due to compliance with the agreed resolution condition; b) for the execution of the business for which it was given; c) by the revocation of the principal; d) by the resignation of the president; e) due to the death or incapacity of the principal or the representative. ARTICLE 1330.- Irrevocable mandate. The mandate may be expressly agreed as irrevocable in the cases of subsections b) and c) of article 380. The mandate intended to be carried out after the death of the principal is void if it cannot be used as a provision of last will. ARTICLE 1331.- Revocation. The revocation without just cause of the mandate granted for a specific time or matter obliges the principal to indemnify the damages caused; yes the mandate was given for an indefinite period, the client must give adequate notice to the circumstances or, failing that, compensate the damages caused by his omission. ARTICLE 1332.- Resignation. The untimely resignation and without just cause of the agent obliges to indemnify the damages caused to the principal. ARTICLE 1333.- Death or incapacity of the president and the principal. Produced the death or disability of the president, his heirs, representatives or assistants who Having knowledge of the mandate, they must promptly notify the principal and take in the latter's interest the measures required by the circumstances. If the death or incapacity of the principal occurs, the agent must execute the conservation acts if there is danger in the delay, except for express instructions in contrary to the heirs or representatives. ARTICLE 1334.- Accountability. The accountability by the agent must be under the conditions provided for in articles 858 and following accompanied by all documentation related to its management. Unless otherwise stipulated, the accounts must be rendered at the domicile of the agent and the expenses they generate are borne of the client. CHAPTER 9 Consignment contract ARTICLE 1335.- Definition. There is a consignment contract when the mandate is without representation for the sale of movable things. The provisions of Chapter 8 of this Title. ARTICLE 1336.- Indivisibility. The appropriation is indivisible. Accepted in one part is considered accepted in the whole, and lasts as long as the business is not completely concluded. ARTICLE 1337.- Effects. The consignee is directly obligated to the people with whom he contracts, without them having action against the consignee, nor the latter against them. ARTICLE 1338.- Obligations of the consignee. The consignee must comply with the instructions received, and is responsible for the damage that is followed to the consignee by the businesses where you have departed from those instructions. ARTICLE 1339.- Deadlines granted by the consignee. The consignee is presumed authorized to grant the payment terms that are of use in the plaza. If you grant deadlines against the consignor's instructions, or for terms greater than those of use, you are directly obliged to pay the price or your balance at the time that would have corresponded. ARTICLE 1340.- Credit granted by the consignee. The consignee is responsible to the consignee for the credit granted to third parties without the diligence required by the circumstances. ARTICLE 1341.- Prohibition. The consignee cannot buy or sell for himself the things included in the consignment. ARTICLE 1342.- Remuneration of the consignee. If the commission has not been agreed, the one that is of use in the place of fulfillment of the consignment is due. ARTICLE 1343.- Guarantee commission. When, in addition to ordinary remuneration, the consignee has agreed to another “guarantee” call, they are at their own risk of collection and is directly obliged to pay the consignor the price in the agreed terms. ARTICLE 1344.- Obligation to pay the price. If the consignee agrees to pay the price if he does not return things within a certain period, the consignee will not You can dispose of them until they are returned to you. The consignee's creditors cannot seize the consigned things until their price has been paid. CHAPTER 10 Brokerage ARTICLE 1345.- Definition. There is a brokerage contract when a person, called a broker, agrees to another, to mediate in the negotiation and conclusion of one or more business, without having a relationship of dependency or representation with any of the parties. ARTICLE 1346.- Conclusion of the brokerage contract. Subjects. The brokerage contract is understood to be concluded, if the broker is qualified for the professional exercise of the brokerage, for his intervention in the business, without express protest made known to the broker at the same time with the beginning of his performance or by the performance of another runner by the other principal. If the principal is a person under public law, the brokerage contract must comply with the relevant contracting rules. Human or legal persons may act as brokers. ARTICLE 1347.- Obligations of the broker. The broker must: a) ensure the identity of the people involved in the businesses in which they mediate and their legal capacity to contract; b) propose the businesses with accuracy, precision and clarity, refraining from mentioning inaccurate assumptions that may mislead the parties; c) communicate to the parties all the circumstances that are known to them and that in any way may influence the conclusion or modalities of the business; d) maintain confidentiality of everything related to negotiations in which it intervenes, which must only yield upon judicial or public authority request competent; e) assist, in the operations made with his intervention, the signing of the conclusive instruments and the delivery of the objects or values, if any of the parties requires it; f) keep samples of the products that are negotiated with their intervention, while the possibility of controversy on the quality of the delivered remains. ARTICLE 1348.- Prohibition. The runner is prohibited: a) to acquire by itself or through a person the effects whose negotiation has been entrusted to it; b) have any kind of participation or interest in the negotiation or in the goods included in it. ARTICLE 1349.- Guarantee and representation. The broker can: a) grant guarantee for obligations of one or both parties in the negotiation in which they act; b) receive from a party the commission to represent it in the execution of the business. ARTICLE 1350.- Commission. The broker is entitled to the stipulated commission if the business is held as a result of his intervention. If there is no stipulation, you have right to use in the place of conclusion of the contract or, failing that, in the place where it mainly performs its task. In the absence of all of them, the judge sets it. ARTICLE 1351.- Intervention of one or more brokers. If only one broker intervenes, all parties owe him commission, unless otherwise agreed or protest by a of the parties according to article 1346. There is no solidarity between the parties regarding the corridor. If a broker intervenes for each part, each of them only has the right to collect commission from its respective principal. ARTICLE 1352.- Specific cases of obligation to pay the commission. Once the contract is concluded, the commission is due although: a) the contract is subject to a condition of termination and this is not fulfilled; b) the contract is not fulfilled, terminated, terminated or mediated; c) the broker does not conclude the contract, if he starts the negotiation and the client entrusts its conclusion to a third party, or concludes it by itself under substantially similar conditions. ARTICLE 1353.- Specific cases in which the commission is not due. The commission is not due if the contract: a) it is subject to a suspensive condition and this is not fulfilled; b) it is annulled due to the illegality of its object, for the incapacity or lack of representation of any of the parties, or for any other circumstance that has been known by the broker. ARTICLE 1354.- Expenses. The broker is not entitled to reimbursement of expenses, even when the entrusted operation does not materialize, unless otherwise agreed. ARTICLE 1355.- Special rules. The rules of this Chapter do not hinder the application of the provisions of special laws and regulations. CHAPTER 11 Deposit SECTION 1 General disposition ARTICLE 1356.- Definition. There is a deposit contract when a party agrees to receive something from another with the obligation to guard it and return it with its fruits. ARTICLE 1357.- Presumption of onerousness. The deposit is presumed to be onerous. If the gratuity is agreed, there is no remuneration, but the depositor must reimburse the custodian reasonable expenses incurred for custody and restitution. ARTICLE 1358.- Obligation of the depositary. The depositary must put in the custody of the thing the diligence that he uses for his things or that which corresponds to his profession. No he can use things and must restore them, with their fruits, when required. ARTICLE 1359.- Term. If a term is agreed, it is presumed that it is in favor of the depositor. But if the deposit is free, the depositary can demand from the depositor, in all time, that you receive the deposited thing. ARTICLE 1360.- Onerous deposit. If the deposit is onerous, the depositor must pay the remuneration established for the entire term of the contract, except agreement in contrary. If for the conservation of the thing it is necessary to make extraordinary expenses, the depositary must give immediate notice to the depositor, and make the reasonable expenses caused for acts that cannot be delayed. These expenses and those of restitution are for the account of the depositor. ARTICLE 1361.- Place of restitution. The deposited thing must be returned to the place where it was to be guarded. ARTICLE 1362.- Modality of custody. If a specific way of custody was agreed and supervening circumstances require modifying it, the depositary may do so, giving immediate notice to the depositor. ARTICLE 1363.- Person to whom the thing must be returned. The refund must be made to the depositor or to whom he indicates. If the thing is also deposited in the interest of a Third, the depositary cannot return it without your consent. ARTICLE 1364.- Loss of the thing. If the deposited item perishes through no fault of the depositary, the loss must be borne by the depositor. ARTICLE 1365.- Proof of mastery. The depositary cannot demand that the depositor prove to be the owner of the deposited thing. ARTICLE 1366.- Heirs. The heirs of the depositary who in good faith have alienated the deposited thing are only obliged to reimburse the depositor the price perceived. If it has not been paid, they must assign the corresponding credit. SECTION 2 Irregular deposit ARTICLE 1367.- Effects. If a quantity of expendable goods is delivered, which is not in a closed bag, the domain of the things is transmitted although the depositor does not has authorized or prohibited its use. The depositary must return the same quality and quantity. If a quantity of expendable things is delivered, and the depositary has the power to use them, the mutual rules apply. SECTION 3 Deposit required ARTICLE 1368.- Definition. A deposit is one in which the depositor cannot choose the person of the depositary for an event that subjects him to a urgent need, and the effects introduced in hotels by travelers. ARTICLE 1369.- Deposit in hotels. The deposit in the hotels takes place by the introduction in them of the effects of the travelers, although they do not expressly deliver them to the hotelier or his dependents and even if they have the keys to the rooms where such effects are found. ARTICLE 1370.- Responsibility. The hotelier responds to the traveler for damages and losses suffered in: a) the effects introduced in the hotel; b) the vehicle kept in the establishment, in garages or other suitable places made available to the traveler by the hotelier. ARTICLE 1371.- Exemptions from liability. The hotelier does not respond if the damages or losses are caused by fortuitous event or force majeure unrelated to the hotel activity. Nor does it answer for the things left in the vehicles of the travelers. ARTICLE 1372.- Things of value. The traveler who carries with them effects of a higher value than those ordinarily carried by passengers must inform the hotelier and keep them. in the safety boxes that are at your disposal in the establishment. In this case, the hotelier's liability is limited to the declared value of the deposited bills. ARTICLE 1373.- Refusal to receive. If the effects of the passengers are excessively valuable in relation to the importance of the establishment, or their custody extraordinary inconvenience, hoteliers can refuse to receive them. ARTICLE 1374.- Clauses that reduce liability. Except as provided in articles 1372 and 1373, any clause that excludes or limits the liability of the hotelier is considered unwritten. ARTICLE 1375.- Similar establishments and premises. The rules of this Section apply to hospitals, sanatoriums, health and sports houses, restaurants, garages, parking places and beaches and other similar establishments that provide their services for consideration. The exemption provided for in the last sentence of article 1371 does not apply to garages, parking spaces and beaches that provide their services for consideration. SECTION 4 Warehouse houses ARTICLE 1376.- Responsibility. The owners of warehouses are responsible for the conservation of the things deposited there, unless they prove that the loss, decrease or damage has derived from the nature of these things, their own defect or those of their packaging, or a fortuitous event external to their activity. Damages are appraised by arbitration experts. ARTICLE 1377.- Duties. The owners mentioned in article 1376 must: a) give receipt for the things that are given to them for their custody, in which their nature, quality, weight, quantity or measure are described; b) allow inspection of the things received in deposit to the depositor and to whom he indicates. CHAPTER 12 Bank contracts SECTION 1 General disposition 1st paragraph Transparency of contractual conditions ARTICLE 1378.- Application. The provisions relating to bank contracts provided for in this Chapter apply to those entered into with the entities included in the regulations on financial entities, and with individuals and public and private entities not expressly included in that legislation when the Central Bank of the The Argentine Republic provides that said regulations are applicable to them. ARTICLE 1379.- Advertising. The advertising, the proposal and the contractual documentation must indicate precisely and prominently if the operation corresponds to the consumer portfolio or commercial portfolio, according to the classification made by the Central Bank of the Argentine Republic. That rating does not prevail over the one it arises from the contract, nor from the judicial decision, according to the norms of this Code. Banks must report clearly, in their announcements, the interest rate, expenses, commissions and other economic conditions of the operations and services offered. ARTICLE 1380.- Form. Contracts must be implemented in writing, in accordance with the means regulated by this Code. The customer has the right to receive a copy. ARTICLE 1381.- Content. The contract must specify the interest rate and any price, expense, commission and other economic conditions charged to the client. If not determines the interest rate, the minimum and maximum nominal are applicable, respectively, for the average active and passive operations of the system, published by the Bank Central of the Argentine Republic on the date of disbursement or imposition. The clauses referring to the uses for determining interest rates and other prices and contractual conditions are considered unwritten. ARTICLE 1382.- Periodic information. The bank must communicate clearly, in writing or by electronic means previously accepted by the customer, at least once a year, the development of operations corresponding to contracts of indefinite term or of a term greater than one year. Sixty days after the reception of the communication, the lack of written opposition by the client is understood as acceptance of the reported operations, without prejudice to the actions provided for in consumer contracts. The same rule applies to the termination of any contract that provides deadlines for compliance. ARTICLE 1383.- Termination. The customer has the right, at any time, to terminate a contract for an indefinite period without penalty or expense, except those accrued before the exercise of this right. 2nd paragraph Bank contracts with consumers and users ARTICLE 1384.- Application. The provisions relating to consumer contracts are applicable to bank contracts in accordance with the provisions of article 1093. ARTICLE 1385.- Advertising. The bank's announcements must contain in a clear, concise way and with a representative example, information about the operations that are they propose. In particular they must specify: a) the minimum and maximum amounts of the individually considered operations; b) the interest rate and whether it is fixed or variable; c) the fees for expenses and commissions, indicating the assumptions and the frequency of their application; d) the total financial cost of credit operations; e) the existence of possible accessory services for granting the credit or accepting the investment and the costs related to such services; f) the proposed duration of the contract. ARTICLE 1386.- Form. The contract must be drawn up in writing in instruments that allow the consumer to: a) obtain a copy; b) keep the information given to it by the bank; c) access the information for a period of time appropriate to the nature of the contract; d) reproduce the archived information. ARTICLE 1387.- Pre-contractual obligations. Before contractually linking the consumer, the bank must provide enough information for the customer to Compare the different credit offers existing in the system, published by the Central Bank of the Argentine Republic. If the bank rejects a credit application for the negative information registered in a database, it must inform the consumer immediately and free of charge the result of the query and the source from which it was obtained. ARTICLE 1388.- Content. Without prejudice to the conditions established for bank contracts in general, no sum can be demanded from the consumer if it is not expressly provided for in the contract. In no case may commissions or costs be charged for services not effectively provided. Clauses related to consumer costs that are not included or that are incorrectly included in the total financial cost advertised or incorporated into the contractual document, are considered unwritten. ARTICLE 1389.- Information in credit contracts. Credit contracts that do not contain information regarding the type and parts of the contract, the total amount of the financing, the total financial cost and the conditions of disbursement and reimbursement. SECTION 2 Contracts in particular 1st paragraph Bank deposit ARTICLE 1390.- Deposit in money. There is a money deposit when the depositor transfers the property to the depositary bank, who has the obligation to return it in the currency of the same kind, at the simple request of the depositor, or at the expiration of the term or notice conventionally foreseen. ARTICLE 1391.- Demand deposit. The demand deposit must be represented in a material or electronic document that reflects the movements and the balance of the customer's account. The bank may withdraw the proof made by it that does not correspond to that account. If the deposit is in the name of two or more people, any of them may dispose of it, even in the case of death of one, unless otherwise agreed. ARTICLE 1392.- Term deposit. The term deposit gives the depositor the right to remuneration if he does not withdraw the amount deposited before the term or prior notice. agreed. The bank must issue a transferable certificate by endorsement, unless otherwise agreed, in which case the transmission can only be made through the contract transfer of rights. 2nd paragraph Bank checking account ARTICLE 1393.- Definition. The bank current account is the contract by which the bank agrees to register daily, and by order, the credits and debits of way to maintain an updated balance and in availability to the checking account and, where appropriate, to provide a cash service. ARTICLE 1394.- Other services. The bank must provide the other services related to the account that result from the convention, the regulations, or the uses and practices. ARTICLE 1395.- Credits and debits. Subject to covenants, uses and regulations: a) the deposits and remittances of money are credited to the account, the product of the collection of securities and the credits granted by the bank so that the checking account dispose of them; b) debits are debited from the account by the checking account, payments or remittances made by the bank at its instructions, commissions, expenses and taxes relating to the account and the charges against the checking account that result from other business that may have with the bank. Debits can be overdrawn. ARTICLE 1396.- Instrumentation. Credits and debits can be made and accounts can be kept by mechanical, electronic, computer or other means in the conditions established by the regulations, which must also determine the possibility of real-time network connections and others that are pertinent In accordance with the technical means available, in order to speed up and secure transactions. ARTICLE 1397.- Check service. If the contract includes the check service, the bank must deliver to the checking account holder, upon request, the forms corresponding. ARTICLE 1398.- Interest. The debit balance of the current account generates interest, which is capitalized quarterly, unless the contrary results from the regulation, of the convention or uses. The parties may agree that the credit balance of the current account generates interest capitalizable in the periods and at the rate that freely agree. ARTICLE 1399.- Solidarity. In the accounts in the name of two or more people, the holders are jointly and severally liable to the bank for the balances they throw away. ARTICLE 1400.- Ownership of the funds. Unless proven otherwise, ownership of the funds in the open, joint or indiscriminately, in the name of more than one person it belongs to the holders in equal parts. ARTICLE 1401.- Subsidiary rules. The mandate rules are applicable to the orders entrusted by the checking account to the bank. If the operation should be performed In whole or in part in a place where there is no bank house, he may entrust it to another bank or to its correspondent. The bank is exempt from the damage caused if the entity to which he entrusts the task that causes it is chosen by the checking account holder. ARTICLE 1402.- Credits or securities against third parties. The credits or securities received for collection by the bank are settled in the account once they are paid. If he bank enters it in the account before, it can exclude from the account its value as long as it has not actually received the collection. ARTICLE 1403.- Summaries. Except that different periods of time arise from the regulations, the convention or the uses: a) the bank must send to the checking account within the eight days de fi ned each month, an extract of the account movements and the balances that result from each credit and debit; b) the summary is presumed accepted if the account holder does not observe it within ten days of receipt or claims not to have received it, but allows thirty days to elapse from the expiration of the period in which the bank must send it, without claiming it. The communications provided for in this article must be made in the manner provided by the regulations, which may consider the use of mechanical means, electronic, computer or others. ARTICLE 1404.- Account closure. The current account is closed: a) by unilateral decision of any of the parties, with prior notice of ten days, unless otherwise agreed; b) due to bankruptcy, death or disability of the checking account holder; C) by revocation of the authorization to operate, bankruptcy or liquidation of the bank; d) for the other causes arising from the regulations or the convention. ARTICLE 1405.- Balance compensation. When the bank closes more than one account of the same holder, it must offset its balances until its concurrence, even if they are expressed in different currencies. ARTICLE 1406.- Balance execution. Once an account is closed, and the account holder is informed, if the bank is authorized to operate in the Republic, it can issue a title with executive effectiveness. The document must be signed by two people, empowered by the bank by public deed, which must indicate: a) the day the account is closed; b) the balance as of that date; c) the means by which both circumstances were communicated to the account holder. The bank is responsible for the damage caused by the issue or improper use of said title. ARTICLE 1407.- Guarantees. The debit balance of the checking account can be guaranteed with a mortgage, pledge, bond or any other type of guarantee. 3rd paragraph Bank loan and discount ARTICLE 1408.- Bank loan. The bank loan is the contract by which the bank agrees to deliver a sum of money, obliging the borrower to return and payment of interest in the currency of the same species, as agreed. ARTICLE 1409.- Bank discount. The bank discount contract obliges the holder of a credit against third parties to transfer it to a bank, and to it to advance the amount of the credit, in the currency of the same species, as agreed. The bank is entitled to the refund of the amounts advanced, even if the discount takes place through endorsement of bills of exchange, promissory notes or checks and has exercised against the third party the rights and actions derived from the title. 4th paragraph Credit opening ARTICLE 1410.- Definition. In the opening of credit, the bank is obliged, in exchange for a remuneration in the currency of the same kind of the main obligation, as agreed, to keep a money loan available to another person, within the agreed limit and for a fixed or indefinite time; if the duration of availability, it is considered indefinite. ARTICLE 1411.- Availability. The use of credit up to the agreed limit extinguishes the bank's obligation, unless it is agreed that the reimbursements made by the accredited are available during the term of the contract or until the expiration notice. ARTICLE 1412.- Nature of availability. Availability cannot be invoked by third parties, it is not embargoable, nor can it be used to compensate any other borrower's obligation. 5th paragraph Safe box service ARTICLE 1413.- Obligations in charge of the parties. The provider of a safety box is liable to the user for the suitability of custody of the premises, the integrity of the boxes and their content, in accordance with what has been agreed and the expectations created by the user. It does not respond due to a fortuitous event external to its activity, nor for own vice of things saved. ARTICLE 1414.- Limits. The clause that exempts the provider from liability is considered unwritten. The provider's liability limitation clause is valid up to a maximum amount only if the user is duly informed and the limit does not matter a denaturation of the provider's obligations. ARTICLE 1415.- Proof of content. The proof of the contents of the safe can be done by any means. ARTICLE 1416.- Plurality of users. If the users are two or more people, any of them, regardless, has the right to access the box. ARTICLE 1417.- Withdrawal of the effects. Once the term has expired or the contract has been terminated for lack of payment or for any other reason conventionally foreseen, the provider must give to the other party, reliable notice of the expiration, with the warning to proceed, thirty days after the notice, to the forced opening of the box before a notary public public. In its case, the provider must notify the user of the forced opening of the box, making its content available to them, upon payment of the amount owed, for a period of three months; once said term has expired and the user has not presented himself, he may collect the unpaid price of the funds found in the till. Failing that, you can Proceed with the sale of the necessary effects to cover what is owed in the manner provided by article 2229, giving notice to the user. The proceeds from the sale apply to payment of what is owed. The remaining assets must be judicially consigned by one of the channels provided for in this Code. 6th paragraph Custody of titles ARTICLE 1418.- Obligations in charge of the parties. The bank that assumes in exchange for remuneration the custody of titles in administration must proceed to its custody, manage the collection of interest or dividends and capital repayments on behalf of the depositor and, in general, provide protection of the rights inherent to the Titles. ARTICLE 1419.- Omission of instructions. The omission of the depositor's instructions does not release the bank from the exercise of the emerging rights of the securities. ARTICLE 1420.- Disposition. Authorization granted to the bank. In the deposit of securities, the authorization granted to the bank to dispose of them is valid, forcing to deliver others of the same genre, quality and quantity, when it has been expressly agreed and the characteristics of the titles allow it. If the refund results from impossible fulfillment, the bank must cancel the obligation with the payment of a sum of money equivalent to the value of the securities at the moment in which the return. CHAPTER 13 Factoring Contract ARTICLE 1421.- Definition. There is a factoring contract when one of the parties, called a factor, agrees to purchase for a determined or determinable price in money. the credits originated in the commercial activity of the other, called factoring, being able to grant an advance on such credits, assuming or not the risks. ARTICLE 1422.- Other services. The acquisition can be complemented with collection administration and management services, technical assistance, commercial or administrative regarding the assigned credits. ARTICLE 1423.- Credits that the factoring may assign. Global assignments of part or all of the factoring credits are valid, both existing and future, provided that the latter are determinable. ARTICLE 1424.- Contract. Items to include. The contract must include the relationship of the credit rights that are transmitted, the identification of the factor and factoring and the data necessary to identify the documents representing the credit rights, their amounts and their issue and expiration dates or the elements that allow identification when factoring is determinable. ARTICLE 1425.- Effect of the contract. The contractual document is sufficient title of transmission of the assigned rights. ARTICLE 1426.- Guarantee and capacity. The real and personal guarantees and the early retention of a percentage of the assigned credit to guarantee its uncollectibility or capacity they are valid and subsist until the extinction of the obligations of the factoring. ARTICLE 1427.- Impossibility of collecting the assigned credit right. When the collection of the assigned credit right is not possible for a reason that has its cause in the legal act that gave rise to it, the factoring company is liable for the loss of value of the assigned credit rights, even when the factoring has been carried out without guarantee or resource. ARTICLE 1428.- Notification to the assigned debtor. The transfer of the assigned credit rights must be notified to the assigned debtor by any means that evidences Reasonably the reception on the part of this one. CHAPTER 14 Contracts concluded in the stock market or commercial market ARTICLE 1429.- Applicable rules. Contracts entered into in a stock or trade, stock or product market, as long as they are authorized and operate under State comptroller, are governed by the rules issued by their authorities and approved by the control body. These rules may provide for the settlement of the contract by difference; regulate derivative operations and contracts; set guarantees, margins and other securities; establish the daily or periodic determination of the positions of the parties and their settlement before events such as bankruptcy, bankruptcy or the death of one of them, compensation and the establishment of a net balance of operations between the same parts and other aspects necessary for its operation. CHAPTER 15 Current account ARTICLE 1430.- Definition. Current account is the contract by which two parties agree to register the reciprocal remittances that are made and they oblige not to demand or dispose of the credits resulting from them until the end of a period, at the maturity of which they are compensated, making the balance that is turn out. ARTICLE 1431.- Content. All claims between the parties resulting from securities or contractual relationships subsequent to the contract are included in the account current, unless otherwise stipulated. Non-compensable or illiquid or litigating credits cannot be incorporated into a current account. ARTICLE 1432.- Deadlines. Except convention or use to the contrary, it is understood that: a) the periods are quarterly, the first being calculated from the date of conclusion of the contract; b) the contract has no fixed term. In this case, either party may terminate it by giving a notice of not less than ten days to the other by reliable means, to whose expiration occurs when closing, clearing and account balance; but this cannot be demanded before the date in which the period to end must end. is in progress when the notice is issued; c) if the contract has a specified term, it is renewed by tacit renewal. Either party may notify ten days in advance of its decision to not to continue it or the exercise of the right indicated in subsection b), final part of this article, after the expiration of the original term of the contract; d) if the contract continues or is renewed after a closing, the balance of the previous remittance is considered the first remittance of the new period, unless otherwise it results from an express manifestation of the party that keeps the account contained in the communication of the summary and balance of the period, or the other, within the term of the article 1438, first paragraph. ARTICLE 1433.- Interest, commissions and expenses. Unless otherwise agreed, it is understood that: a) remittances accrue interest at the agreed rate or, failing that, at the use rate and in the absence thereof at the legal rate; b) the balance is considered productive capital of interests, applying the rate according to subsection a); c) the parties may agree to the capitalization of interests in terms shorter than one period; d) the commissions and expenses related to the registered operations are included in the account, as remittances. ARTICLE 1434.- Guarantees of incorporated credits. The real or personal guarantees of each credit incorporated are transferred to the account balance, as long as the guarantor has lent its previous acceptance. ARTICLE 1435.- Clause “except reserve”. Except as otherwise agreed, the inclusion of a credit against a third party in the current account, is understood to have been made with the clause “except reserve”. If the credit is not satisfied at its maturity, or sooner when it becomes payable against any obligor, the recipient of the remittance may, at his choice, exercise the action to the collection or elimination of the item from the account, with reimbursement of the rights and instruments to the other party. The item can be deleted from the account even after exercising actions against the debtor, insofar as the credit and its accessories remain unpaid. The elimination of the item from the account or its counter-entry cannot be carried out if the receiving account holder has damaged the credit or the security issued. ARTICLE 1436.- Embargo. The seizure of the eventual balance of the account by a creditor of one of the checking account holders, prevents the other from applying new remittances that harm the lien holder's rights, since he has been notified of the measure. New remittances are not considered to be those resulting from rights already existing at the time of the embargo, even when they have not been effectively entered in the accounts of the parties. The notified account holder must notify the other of the seizure by reliable means and is empowered to terminate the contract. ARTICLE 1437.- Inef fi ciency. The inclusion of a credit in a current account does not prevent the exercise of the actions or the exceptions that tend to the ineffectiveness of the act. from which it derives. Declared ineffective, the credit must be removed from the account. ARTICLE 1438.- Account summaries. Approval. The account statements that one party receives from the other are presumed accepted if you do not observe them within the period of ten days from receipt or from the convention or from the uses. Observations are resolved by the shortest procedure provided by local law. ARTICLE 1439.- Guarantees. The current account balance can be guaranteed with a mortgage, pledge, bond or any other guarantee. ARTICLE 1440.- Executive collection of the balance. The collection of the current account balance can be requested by executive means, which is expedited in any of the following cases: a) if the account summary in which the balance is recorded is signed with the signature of the debtor certified by a notary public or judicially recognized. Recognition must be adjusted to local procedural regulations and can be obtained in a fictional way; b) if the summary is accompanied by a balance certified by a public accountant and notified by means of a notarial act at the contractual address, setting the seat of the registry of the notary public for the reception of observations within the term of article 1438. In this case, the executive title is con fi gured by the notarial certificate that accompanies the act. notification, the certification of accountant and the constancy of the scribe not to have received observations in time. ARTICLE 1441.- Termination of the contract. The following means of extinction of the current account contract are: a) bankruptcy, death or incapacity of any of the parties; b) the expiration of the term or the termination, as provided in article 1432; c) in the case provided for in article 1436; d) by right, after two complete periods or the lapse of one year, whichever is less, without the parties having made any remittance with application to the contract, unless otherwise agreed; e) for the other reasons provided in the contract or in particular laws. CHAPTER 16 Associative contracts SECTION 1 General disposition ARTICLE 1442.- Applicable rules. The provisions of this Chapter apply to any collaboration, organization or participatory contract, with an end community, that not be society. The rules on the company do not apply to these contracts, they are not, nor through them are constituted, legal persons, companies or subjects of law. The provisions on associative contracts or those of society do not apply to communions of real rights and to the hereditary indivision. ARTICLE 1443.- Nullity. If the parties are more than two, the nullity of the contract with respect to one of the parties does not produce the nullity between the others and the breach of one does not excuse that of the others, except that the provision of the one that has failed or in respect of which the contract is void is necessary for the realization of the object of the contract. ARTICLE 1444.- Form. The contracts referred to in this Chapter are not subject to formal requirements. ARTICLE 1445.- Action in common name or of the parties. When a party deals with a third party on behalf of all parties or the established common organization in the associative contract, the other parties do not become creditors or debtors with respect to the third party but in accordance with the provisions on representation, the provisions in the contract, or the norms of the following Sections of this Chapter. ARTICLE 1446.- Freedom of content. In addition to being able to choose the types that are regulated in the following Sections of this Chapter, the parties are free to configure these contracts with other content. ARTICLE 1447.- Effects between parties. Although the registration is foreseen in the following Sections of this Chapter, the non-registered contracts produce effects between the parts. SECTION 2 Joint venture ARTICLE 1448.- Definition. The purpose of the joint venture is to carry out one or more operations determined to be accomplished through common contributions and in the manager's personal name. It has no denomination, it is not subject to formal requirements, nor is it registered in the Public Registry. ARTICLE 1449.- Manager. Action and responsibility. Third parties acquire rights and assume obligations only with respect to the manager. His responsibility is unlimited. If more than one manager acts, they are jointly responsible. ARTICLE 1450.- Participant. Participant is the part of the business that does not act against third parties. It has no action against them nor they against it, as long as the appearance of a common performance. ARTICLE 1451.- Rights to information and accountability. The participant has the right to be provided by the manager with information and access to documentation related to the deal. You also have the right to management accountability in the agreed form and time; and in default of agreement, annually and at the conclusion of the negotiation. ARTICLE 1452.- Limitation of losses. Losses that affect the participant cannot exceed the value of their contribution. SECTION 3 Collaboration groupings ARTICLE 1453.- Definition. There is a collaboration group agreement when the parties establish a common organization in order to facilitate or develop certain phases of the activity of its members or to perfect or increase the result of such activities. ARTICLE 1454.- Absence of lucrative purpose. The group, as such, cannot pursue profit purposes. The economic advantages generated by its activity must fall directly on the assets of the parties grouped or consortium. The group cannot exercise management functions over the activity of its members. ARTICLE 1455.- Contract. Form and content. The contract must be awarded by public or private instrument with a notarized signature and registered in the Registry Public that corresponds. A certified copy with the data of its corresponding registration must be sent by the Registry to the enforcement body of the defense of competition. The contract must contain: a) the purpose of the grouping; b) the duration, which cannot exceed ten years. If it is established for a longer time, it is reduced to that period. In case of omission of the term, it is understood that the duration is ten years old. It can be extended before its expiration by unanimous decision of the participants for successive terms of up to ten years. The contract cannot to be extended if there are garnishment creditors of the participants and they are not previously disinterested; c) the denomination, which is formed with a fantasy name integrated with the word “grouping”; d) the name, company name or denomination, address and registration details of the contract or statute or of the registration and individualization, where appropriate, of each one of the participants. In the case of companies, the list of the resolution of the social body that approves the hiring of the group, as well as its date and number of minutes; e) the constitution of a special domicile for all the effects derived from the grouping contract, both between the parties and with respect to third parties; f) the obligations assumed by the participants, the contributions due to the operating common fund and the ways of financing the common activities; g) the participation that each contracting party must have in common activities and in their results; h) the means, attributions and powers that are established to direct the organization and common activity, administer the operating fund, represent individually and collectively to the participants and control their activity for the sole purpose of verifying compliance with the obligations assumed; i) cases of separation and exclusion; j) the admission requirements for new participants; k) sanctions for breach of obligations; l) the norms for the preparation of statements of situation, for which purpose the administrators must keep, with the formalities established by this Code, the books authorized on behalf of the group required by the nature and importance of the common activity. ARTICLE 1456.- Resolutions. The resolutions related to the realization of the object of the grouping are adopted by the vote of the absolute majority of the participants, except contrary provision of the contract. The challenge of the resolutions can only be based on the violation of legal or contractual provisions. The action must be directed against each of the members of the group and to appear before the court of the domicile established in the contract, within thirty days of having reliably notified the decision of the group. Meetings or consultations with participants should be held whenever required by an administrator or any of the participants. The contract cannot be modified without the unanimous consent of the participants. ARTICLE 1457.- Management and administration. The direction and administration must be in charge of one or more human persons designated in the contract, or later by resolution of the participants. The rules of the mandate apply. If there are several administrators, if nothing is said in the contract they can act interchangeably. ARTICLE 1458.- Operating common fund. The contributions of the participants and the assets acquired with them, constitute the common operating fund of the group. During the term established for its duration, the assets must be kept undivided, and the private creditors of the participants cannot assert their right on them. ARTICLE 1459.- Obligations. Solidarity. The participants respond unlimitedly and severally with respect to third parties for the obligations that their representatives assume on behalf of the grouping. The action is expedited after having unsuccessfully questioned the administrator of the grouping. The defendant for compliance of the obligation, he has the right to oppose the personal and common defenses that correspond to the group. The represented participant is jointly and severally liable with the operating common fund for the obligations that the representatives have assumed on behalf of a participant, making it known to the third party at the time of binding. ARTICLE 1460.- States of situation. The group's financial statements must be submitted to the decision of the participants within ninety days of the closing of every year. The benefits or losses or, where appropriate, the income and expenses of the participants derived from their activity, can be attributed to the year in which they occur or to that in the one that approves the accounts of the group. ARTICLE 1461.- Extinction. The grouping contract is terminated: a) by the decision of the participants; b) upon expiration of the term for which it is established; by the achievement of the object for which it is formed or by the supervening impossibility of achieving it; c) by reducing the number of participants to one; d) due to the incapacity, death, dissolution or bankruptcy of a participant, unless the contract provides for its continuation or the other participants decide unanimously; e) by fi rm decision of the competent authority that considers that the group, by its object or by its activity, pursues the practice of restrictive practices of the competition; f) for reasons specifically provided for in the contract. ARTICLE 1462.- Non-voluntary partial resolution of the bond. Without prejudice to the provisions of the contract, any participant may be excluded by unanimous decision of the others, if they habitually violate their obligations, disrupt the operation of the group or incur a serious breach. When the contract only binds two people, if one incurs in any of the causes indicated, the other participant can declare the termination of the contract and claim the breach of compensation for damages. SECTION 4 Transitory Unions ARTICLE 1463.- Definition. There is a temporary union contract when the parties meet for the development or execution of concrete works, services or supplies, within or outside the Republic. They can develop or execute the complementary works and services and accessories to the main object. ARTICLE 1464.- Contract. Form and content. The contract must be awarded by public or private instrument with a notarized signature, which must contain: a) the object, with concrete determination of the activities and the means for its realization; b) the duration, which must be equal to that of the work, service or supply that constitutes the object; c) the name, which must be that of some, some or all of the members, followed by the expression "transitory union"; d) the name, business name or denomination, the address and, if it has them, the data of the registration of the contract or statute or of the registration or identification that corresponds to each of the members. In the case of companies, the list of the resolution of the corporate body that approves the celebration of the transitional union, its date and Act number; e) the constitution of a special domicile for all the effects derived from the contract, both between parties and with respect to third parties; f) the obligations assumed, the contributions due to the operating common fund and the ways of financing the common activities, if applicable; g) the name and address of the representative, who may be a human or legal person; h) the method to determine the participation of the parties in the distribution of the income and the assumption of the expenses of the union or, where appropriate, of the results; i) the cases of separation and exclusion of members and the grounds for termination of the contract; j) the admission requirements for new members; k) sanctions for breach of obligations; l) the rules for the preparation of the statements of situation, for which the administrators must carry, with the formalities established in articles 320 and following, the books required and enabled in the name of the transitory union that require the nature and importance of the common activity. ARTICLE 1465.- Representative. The representative has the sufficient powers of each and every one of the members to exercise the rights and contract the obligations that make the development or execution of the work, service or supply; the appointment of the representative is not revocable without cause, except the unanimous decision of the participants. With just cause, the revocation can be decided by the vote of the absolute majority. ARTICLE 1466.- Registration registration. The contract and the appointment of the representative must be registered in the corresponding Public Registry. ARTICLE 1467.- Obligations. Not solidarity. Except as otherwise provided in the contract, the solidarity of the members is not presumed for the acts and operations that made in the transitional union, or for the obligations contracted towards third parties. ARTICLE 1468.- Agreements. The agreements must always be adopted unanimously, unless otherwise agreed. ARTICLE 1469.- Bankruptcy, death or disability. The bankruptcy of any of the participants, and the death or disability of the members of the human person does not produce the termination of the temporary union contract, which continues with the others if they agree on how to take over the benefits before third parties. SECTION 5 Cooperation consortia ARTICLE 1470.- Definition. There is a cooperation consortium contract when the parties establish a common organization to facilitate, develop, increase or to carry out operations related to the economic activity of its members in order to improve or increase its results. ARTICLE 1471.- Exclusion of management or control function. The cooperation consortium cannot exercise management or control functions over the activity of its members. ARTICLE 1472.- Participation in the results. The results generated by the activity carried out by the cooperation consortium are distributed among its members in the proportion fixed by the contract and, failing that, in equal parts. ARTICLE 1473.- Form. The contract must be awarded by public or private instrument with a notarized signature, and be registered together with the appointment of their representatives in the corresponding Public Registry ARTICLE 1474.- Content. The contract must contain: a) the name and personal data of the individual members, and in the case of legal persons, the name, denomination, address and, if it has them, registration data of the contract or bylaws of each of the participants. Legal entities, in addition, must record the date of the minutes and the mention of the corporate body that approves the participation in the consortium; b) the purpose of the consortium; c) the term of the contract; d) the denomination, which is formed with a fantasy name integrated with the legend “Cooperation consortium”; e) the constitution of a special domicile for all the effects derived from the contract, both with respect to the parties and in relation to third parties; f) the constitution of the operating common fund and the determination of its amount, as well as the participation that each party assumes in it, including the form of its update or increase in your case; g) the obligations and rights agreed upon by the members; h) the participation of each contractor in the investment of the consortium project (s), if any, and the proportion in which each participates in the results; i) the proportion in which the participants are responsible for the obligations assumed by the representatives on their behalf; j) the forms and areas of decision-making for the fulfillment of the object. Provision must be made to hold a meeting to discuss issues related to the object's own businesses when requested by any of the participants by itself or by representative. Resolutions are adopted by an absolute majority of the parties, except that the constitution contract establishes another form of computation; k) the determination of the number of representatives of the consortium, name, address and other personal data, form of election and replacement, as well as their powers, powers and, in the event that representation is plural, forms of action. In case of resignation, disability or revocation of mandate, the new representative is appointed by an absolute majority of the members, except as otherwise provided in the contract. The same mechanism must be required to authorize the substitution of power; l) the majorities necessary for the modification of the constitutive contract. In case of silence, unanimity is required; m) the forms of treatment and the majority to decide the exclusion and admission of new participants. In case of silence, the admission of new members requires unanimity; n) sanctions for non-compliance by members and representatives; ñ) the grounds for termination of the contract and the forms of liquidation of the consortium; o) an annual date for the treatment of the state of financial situation by the members of the consortium; p) the constitution of the operating fund, which must remain undivided for the entire duration of the consortium. ARTICLE 1475.- Accounting rules. The contract must establish the rules on preparation and approval of the statements of financial position, attribution of results and accountability, that adequately re fl ects all., the operations carried out during the year by employing adequate accounting techniques. The movements must be recorded in accounting books kept with the formalities established in the laws. A record book must be kept in which the corresponding to all the meetings that are held and the resolutions that are adopted. ARTICLE 1476.- Obligations and responsibility of the representative. The representative must keep the accounting books and prepare the statements of financial position. It must also inform the members about the existence of grounds for extinction provided in the contract or in the law and take the urgent measures and precautions that correspond. It is responsible for the consortium character being externalized in all actions. ARTICLE 1477.- Responsibility of the participants. The contract can establish the proportion in which each member responds for the obligations assumed on behalf of the consortium. In case of silence, all members are jointly and severally responsible. ARTICLE 1478.- Termination of the contract. The cooperation consortium contract is terminated by: a) the exhaustion of its object or the impossibility of executing it; b) the expiration of the established term; c) the unanimous decision of its members; d) the reduction to one of the number of members. The death, disability, dissolution, liquidation, preventive bankruptcy, cessation of payments or bankruptcy of any of the members of the consortium, does not extinguish the contract, which it continues with the rest, except that it is impossible factually or legally. CHAPTER 17 Agency ARTICLE 1479.- Definition and form. There is an agency contract when a party, called an agent, agrees to promote business on behalf of another named preponent or entrepreneur, in a stable, continuous and independent way, without any labor relationship, through remuneration. The agent is an independent intermediary, does not assume the risk of the operations or represent the proponent. The contract must be implemented in writing. ARTICLE 1480.- Exclusivity. The agent has the right to exclusivity in the business field, in the geographical area, or with respect to the group of people, expressly determined in the contract. ARTICLE 1481.- Relationship with various businessmen. The agent can contract his services with several entrepreneurs. However, it cannot accept operations from it business branch or in competition with one of its proponents, without express authorization. ARTICLE 1482.- Agent guarantee. The agent cannot become guarantor of the collection of the buyer presented to the entrepreneur, until the amount of the commission that may have been advanced or collected, by virtue of the operation concluded by the principal. ARTICLE 1483- Obligations of the agent. The agent's obligations are: a) look after the interests of the entrepreneur and act in good faith in the exercise of their activities; b) to take care with the diligence of a good businessman of the promotion and, in his case, of the conclusion of the acts or operations that were entrusted to him; c) fulfill its mission in accordance with the instructions received from the employer and transmit to it all the information available to it regarding its management; d) inform the employer, without delay, of all deals dealt with or concluded and, in particular, regarding the solvency of third parties with whom they propose or are operations conclude; e) receive on behalf of the employer the claims of third parties about defects or defects in quality or quantity of goods sold or services provided as consequence of the promoted operations, although he has not concluded them, and transmit them immediately; f) independently record in their accounting the acts or operations related to each entrepreneur on whose behalf they act. ARTICLE 1484.- Obligations of the entrepreneur. The employer's obligations are: a) act in good faith, and do everything that is incumbent on him, taking into account the circumstances of the case, to allow the agent the normal exercise of his activity; b) make samples, catalogs, rates and other elements available and necessary available to the agent with sufficient notice and in the appropriate quantity. for the development of the agent's activities; c) pay the agreed remuneration; d) communicate to the agent, within the term of use or, failing that, within fifteen working days of its knowledge, the acceptance or rejection of the proposal that has been been transmitted; e) communicate to the agent, within the period of use or, failing that, within fifteen business days of receipt of the order, partial execution or non-execution of the proposed business. ARTICLE 1485.- Representation of the agent. The agent does not represent the employer for the purposes of concluding and executing the contracts in which he operates, except for receive third-party claims provided for in article 1483, paragraph e). The agent must have special power to collect the credits resulting from his management, but in no case can grant withdrawals or waits or consent agreements, withdrawals or bankruptcy, without express powers, of a special nature, in which Specify the amount of the withdrawal or the waiting period. The agent is forbidden to withdraw the collection of a credit from the entrepreneur in whole or in part. ARTICLE 1486.- Remuneration. If there is no express agreement, the agent's remuneration is a variable commission according to the volume or value of the acts or contracts promoted and, where appropriate, concluded by the agent, in accordance with the uses and practices of the agent's place of action. ARTICLE 1487.- Basis for the calculation. Whatever the form of the agreed remuneration, the agent has the right to receive it for the operations concluded with his intervention, during the term of the agency contract and as long as the price is charged by the employer. Under the same conditions, you also have the right: a) if there are operations concluded after the end of the agency contract; b) if the contract is concluded with a client that the agent previously presented for an analogous business, provided that there is no other agent entitled to remuneration; c) if the agent has exclusivity for a geographical area or for a certain group of people, when the contract is concluded with a person belonging to said zone or group, even if the agent does not promote it, except a special agreement and expressly to the contrary. ARTICLE 1488.- Accrual of the commission. The right to commission arises at the moment of the conclusion of the contract with the third party and the payment of the price to the entrepreneur. The commission must be paid to the agent within twenty business days from the total or partial payment of the price to the employer. When the agent's action is limited to the promotion of the contract, the order transmitted to the employer is presumed accepted, for the purposes of the right to receive in the future the remuneration, except rejection or reservation made by the latter within the term provided for in article 1484, paragraph d). ARTICLE 1489.- Remuneration subject to contract execution. The clause that subordinates the perception of remuneration, in whole or in part, to the performance of the contract, it is valid if it has been expressly agreed. ARTICLE 1490.- Expenses. Except where otherwise agreed, the agent is not entitled to reimbursement of expenses arising from the exercise of his activity. ARTICLE 1491.- Term. Unless otherwise agreed, it is understood that the agency contract is concluded for an indefinite period. The continuation of the relationship with after the expiration of an agency contract with a specified term, it becomes an indefinite-term contract. ARTICLE 1492.- Prior notice. In indefinite agency contracts, either party can terminate it with notice. The notice period must be one month for each year the contract is in force. The end of the notice period must coincide with the end of the calendar month in which it operates. The provisions of this article apply to contracts of limited duration transformed into contracts of unlimited duration, for which purpose in calculating the term of advance notice must be computed the limited duration that precedes it. The parties may provide for notice periods in excess of those established in this article. ARTICLE 1493.- Omission of notice. In the cases of article 1492, the omission of notice gives the other party the right to compensation for the profits left from perceive in the period. ARTICLE 1494.- Resolution. Other causes. The agency contract is terminated by: a) death or disability of the agent; b) dissolution of the legal entity that concludes the contract, which does not derive from merger or division; c) firm bankruptcy of any of the parties; d) expiration of the term; e) serious or repeated breach of the obligations of one of the parties, so as to reasonably cast doubt on the possibility or intention of the breach to attend with exact successive obligations; f) significant decrease in the agent's turnover. ARTICLE 1495.- Manner in which the resolution operates. In the cases provided for in paragraphs a) to d) of article 1494, the resolution operates as a matter of law, without the need for notice or declaration of the other party, without prejudice to the provisions of article 1492 for the case of undetermined time. In the case of subsection e) of article 1494, each party may directly terminate the contract. In the case of subsection f) of article 1494, article 1492 applies, except that the agent decreases his turnover for two consecutive years, in which case the notice period must not exceed two months, whatever the duration of the contract, even when the contract is for a specified period. ARTICLE 1496.- Merger or division. The contract is terminated if the legal entity that has entered into the contract merges or splits and either of these two circumstances causes substantial detriment to the agent's position. The indemnities of article 1497 and, where appropriate, those of article 1493 are due. ARTICLE 1497.- Compensation for customers. Once the contract has expired, whether for a fixed or indefinite period, the agent who through his work has increased signi fi cantly the turn of the entrepreneur's operations, he is entitled to compensation if his previous activity can continue to produce substantial advantages to East. In the event of the agent's death, that right corresponds to his heirs. In the absence of an agreement, the compensation must be judicially fixed and cannot exceed the amount equivalent to one year of remuneration, net of expenses, averaging the value of those received by the agent during the last five years, or throughout the duration of the contract, if it is less. This compensation does not prevent the agent, where appropriate, from claiming for the damages derived from the breakdown due to the fault of the employer. ARTICLE 1498.- Compensation for customers. Exceptions. There is no right to compensation if: a) the employer terminates the contract due to default by the agent; b) the agent terminates the contract, unless the termination is justified by the employer's default; or because of the agent's age, disability or illness, which allow to reasonably demand the continuity of its activities. This power can be exercised by both parties. ARTICLE 1499.- Non-competition clause. The parties can agree on non-compete clauses of the agent for after the end of the contract, if the latter provides for the Exclusivity of the agent in the business area of ​​the businessman. They are valid as long as they do not exceed one year and apply to a territory or group of people that result reasonable, given the circumstances. ARTICLE 1500.- Subagency. The agent cannot, except with the express consent of the employer, institute subagents. Agent-subagent relationships are governed for this Chapter. The agent is jointly and severally liable for the actions of the subagent, who, however, has no direct link with the employer. ARTICLE 1501.- Excluded cases. The rules of this Chapter do not apply to stock or futures, futures and options or derivatives agents; to the insurance producers or agents; to financial or exchange agents, to maritime or aeronautical agents and to other groups governed by special laws regarding to the operations they carry out. CHAPTER 18 Concession ARTICLE 1502.- Definition. There is a concession contract when the concessionaire, acting on behalf of and for its own account vis-à-vis third parties, is bound by a remuneration to have your business organization to market merchandise provided by the grantor, provide services and provide spare parts and accessories as agreed. ARTICLE 1503.- Exclusivity. Merchandise. Except otherwise agreed: a) The concession is exclusive to both parties in the determined territory or zone of influence. The grantor cannot authorize another concession in the same territory or zone and the concessionaire cannot, by itself or through a person interposing, carry out acts of the concession outside those limits or act in competitive activities; b) The concession includes all merchandise manufactured or supplied by the grantor, including new models. ARTICLE 1504.- Obligations of the grantor. The grantor's obligations are: a) provide the concessionaire with a minimum quantity of merchandise that allows it to adequately meet the sales expectations in its territory or area, in accordance with the payment guidelines, financing and guarantees provided in the contract. The contract may provide for the determination of sales targets, which must be set and communicated to the concessionaire in accordance with the agreement; b) respect the territory or zone of in fl uence assigned exclusively to the concessionaire. The agreements that, despite the exclusivity, reserve for the grantor are valid. certain types of direct sales or special sales modalities; c) provide the concessionaire with the technical information and, where appropriate, the manuals and training of personnel necessary for the operation of the concession; d) provide for a reasonable period, if applicable, spare parts for the products marketed; e) allow the use of trademarks, trademarks and other distinctive elements, to the extent necessary for the exploitation of the concession and for the advertising of the concessionaire within its territory or area of ​​influence. ARTICLE 1505.- Obligations of the concessionaire. The concessionaire's obligations are: a) Purchase exclusively from the grantor the merchandise and, where appropriate, the spare parts that are the object of the concession, and maintain the agreed existence of them or, in the absence of agreement, the amount sufficient to ensure business continuity and the attention of the consuming public; b) respect the geographical limits of action and abstain from marketing merchandise outside of them, directly or indirectly through an interposer; c) have the premises and other facilities and equipment that are necessary for the proper performance of their activity; d) provide the pre-delivery and maintenance services for the merchandise, if so agreed; e) adopt the sales, advertising and accounting system established by the grantor; f) train its personnel in accordance with the rules of the grantor. Notwithstanding the provisions of subsection a) of this article, the concessionaire may sell merchandise in the same branch that has been delivered in part to pay the that it markets by reason of the concession, as well as financing each other and selling, exhibiting or promoting other merchandise or services that are authorized by the contract, even if they are not accessories of the merchandise object of the concession nor are they destined for it. ARTICLE 1506.- Deadlines. The term of the concession contract cannot be less than four years. Agreed a shorter term or if the time is undetermined, it is understood agreed for four years. Exceptionally, if the grantor provides the concessionaire with the use of the main facilities sufficient for its performance, a shorter term, not less, may be foreseen. to two years. The continuation of the relationship after the expiration of the term determined by the contract or by law, without specifying the new term first, transforms it into a time contract indeterminate. ARTICLE 1507.- Remuneration. Expenses. The concessionaire is entitled to a remuneration, which may consist of a commission or a margin on the price of the units Sold by him to third parties or acquired from the grantor, or also in fixed quantities or other forms agreed with the grantor. The operating costs are in charge of the concessionaire, except those necessary to attend the pre-delivery or free warranty services to the customer, where appropriate, which they must be paid by the grantor as agreed. ARTICLE 1508.- Termination of contracts for an undetermined time. If the concession contract is for an indefinite period: a) Articles 1492 and 1493 apply; b) The grantor must repurchase the new products and spare parts that the concessionaire has acquired in accordance with the obligations agreed in the contract and that it has in existence at the end of the notice period, at the ordinary sale prices to dealers at the time of payment. ARTICLE 1509.- Resolution of the concession contract. Causal. Article 1494 applies to the concession contract. ARTICLE 1510.- Sub-dealers. Assignment of the contract. Except as otherwise agreed, the concessionaire may not designate sub-dealers, agents or intermediaries of sale, neither of the parties can assign the contract. ARTICLE 1511.- Application to other contracts. The rules of this Chapter apply to: a) contracts that grant the sale or commercialization of software or similar procedures; b) distribution contracts, as relevant. CHAPTER 19 Franchise ARTICLE 1512.- Concept. There is a commercial franchise when a party, called a franchisor, grants another, called a franchisee, the right to use a system proven, intended to market certain goods or services under the trade name, emblem or brand of the franchisor, who provides a set of technical knowledge and the continuous provision of technical or commercial assistance, against a direct or indirect provision of the franchisee. The franchisor must be the exclusive owner of all the intellectual rights, trademarks, patents, trade names, copyrights and others included in the franchise system; or, where appropriate, be entitled to its use and transmission to the franchisee under the terms of the contract. The franchisor may not have a direct or indirect controlling share in the franchisee's business. ARTICLE 1513.- Definitions. For the purposes of contract interpretation, it is understood that: a) wholesale franchise is the one by virtue of which the franchisor grants a natural or legal person a national or regional or provincial territory or sphere of action with the right to appoint sub-franchisees, the use of their brands and franchise system under specific considerations; b) development franchise is one under which the franchisor grants a franchisee named developer the right to open multiple franchise businesses under the franchisor's system, method and brand in a region or in the country for a prolonged term of not less than five years, and in which all the premises or businesses that they are opened depend on or are controlled, in the event that they are constituted as companies, by the developer, without the developer having the right to assign his position as such or sub-franchise, without the franchisor's consent; c) business system: it is the set of practical knowledge and experience accumulated by the franchisor, not patented, which has been duly tested, secret, substantial and transmissible. It is secret when as a whole or the configuration of its components is not generally known or easily accessible. It is substantial when the information it contains is relevant for the sale or provision of services and allows the franchisee to provide its services or sell the products in accordance with the system of business. It is transferable when its description is sufficient to allow the franchisee to develop his business in accordance with the guidelines created or developed by the franchisor. ARTICLE 1514.- Obligations of the franchisor. The franchisor's obligations are: a) provide, prior to the signing of the contract, economic and financial information on the evolution of two years of units similar to that offered in franchising, which have operated long enough, at home or abroad; b) communicate to the franchisee the set of technical knowledge, even when not patented, derived from the experience of the franchisor and verified by it as apt to produce the effects of the franchised system; c) deliver to the franchisee an operations manual with the useful specifications to carry out the activity foreseen in the contract; d) provide technical assistance for the best operation of the franchise during the term of the contract; e) If the franchise includes the provision of goods or services by the franchisor or third parties designated by him, ensure that provision in adequate amounts and to reasonable prices, according to local or international customs and uses; f) defend and protect the use by the franchisee, under the conditions of the contract, of the rights referred to in article 1512, without prejudice to: i) In international franchises, this defense is contractually in charge of the franchisee, for which purpose it must be specially empowered without prejudice to the obligation the franchisor to make available to the franchisee, in its own time, the documentation and other elements necessary for that purpose; ii) in any case, the franchisee is empowered to intervene as a cooperating interested party, in defense of such rights, in administrative or judicial instances corresponding, through the channels admitted by procedural law, and to the extent that it allows. ARTICLE 1515.- Obligations of the franchisee. The minimum obligations of the franchisee are: a) effectively carry out the activity included in the franchise, comply with the specifications of the operations manual and those that the franchisor communicates in fulfillment of its duty of technical assistance; b) provide the information that the franchisor reasonably requires for the development of the activity and facilitate the inspections that have been carried out agreed or that are appropriate to the purpose of the franchise; c) refrain from acts that may jeopardize the identi fi cation or prestige of the franchise system that it integrates or the rights mentioned in article 1512, second paragraph, and cooperate, where appropriate, in the protection of those rights; d) maintain the confidentiality of the reserved information that integrates the set of technical knowledge transmitted and ensure this confidentiality with respect to the people, dependent or not, to whom they must communicate for the development of activities. This obligation subsists after the expiration of the contract; e) fulfill the promised consideration, among which contributions can be agreed for the development of the market or technologies related to the franchise. ARTICLE 1516.- Term. Article 1506, first paragraph, applies. However, a shorter term can be agreed if it corresponds to special situations such as fairs or congresses, activities carried out within premises or undertakings that have a shorter duration, or the like. Upon expiration of the term, the contract is It is understood to be tacitly extended for successive terms of one year, except when expressly denounced by one of the parties before each expiration thirty days in advance. To second renewal, becomes an indefinite term contract. ARTICLE 1517.- Exclusivity clauses. Franchises are exclusive to both parties. The franchisor cannot authorize another franchise unit in the same territory, except with the consent of the franchisee. The franchisee must work in the indicated premises, within the territory granted or, failing that, in his zone of in fl uence, and franchise units or activities that are competitive cannot operate by itself or through a person. The parties may limit or exclude the exclusiveness. ARTICLE 1518.- Other clauses. Except otherwise agreed: a) The franchisee cannot assign its contractual position or the rights that emerge from the contract while it is in force, except those of monetary content. This provision it does not apply in wholesale franchise contracts intended for the franchisee to grant sub-franchises, for that purpose. In such cases, you must have the prior authorization of the franchisor to grant sub-franchises under the conditions agreed between the franchisor and the main franchisee; b) the franchisor cannot market directly with third parties, merchandise or services included in the franchise within the territory or zone of influence of the franchisee; c) The right to the clientele corresponds to the franchisor. The franchisee cannot change the location of its service or manufacturing premises. ARTICLE 1519.- Null clauses. The clauses prohibiting the franchisee are not valid: a) justifiably question the rights of the franchisor mentioned in article 1512, second paragraph; b) acquire merchandise included in the franchise of other franchisees within the country, provided that they meet the contractual qualities and characteristics; c) meet or establish non-economic ties with other franchisees. ARTICLE 1520.- Responsibility. The parties to the contract are independent, and there is no employment relationship between them. In consecuense: a) the franchisor is not liable for the franchisee's obligations, except as expressly provided otherwise; b) the dependents of the franchisee have no legal employment relationship with the franchisor, without prejudice to the application of the rules on labor fraud; c) The franchisor does not respond to the franchisee for the profitability of the franchise system. The franchisee must clearly indicate his status as an independent person in his invoices, contracts and other commercial documents; this obligation should not interfere with the common identity of the franchised network, in particular in their common names or labels and in the uniform presentation of their premises, merchandise or means of transport. ARTICLE 1521.- Responsibility for defects in the system. The franchisor is liable for system design defects, which cause proven damage to the franchisee, not caused by gross negligence or fraud of the franchisee. ARTICLE 1522.- Termination of the contract. The termination of the franchise agreement is governed by the following rules: a) the contract is terminated by the death or incapacity of any of the parties; b) The contract cannot be terminated without just cause within the period of its original validity, agreed between the parties. Articles 1084 and following apply; c) contracts with a term of less than three years justified for special reasons according to article 1516, are terminated by right to expiration of the term; d) Whatever the term of the contract, the party who wishes to conclude it at the expiration of the original term or of any of its extensions, must pre-notify the other with an anticipation of not less than one month for each year of duration, up to a maximum of six months, counted from its inception to the expiration of the relevant term. In the contracts that are agreed for an indefinite time, the advance notice must be given in such a way that the termination occurs, at least, on the third year since its concertation. In no case is invocation of just cause required. The lack of notice makes article 1493 applicable. The clause that prevents the franchisee from competing with the commercialization of own or third-party products or services after the contract is terminated by any cause, is valid up to a maximum period of one year and within a reasonable territory taking into account the circumstances. ARTICLE 1523.- Competition law. The franchise agreement, by itself, should not be considered a pact that limits, restricts or distorts competition. ARTICLE 1524.- Cases covered. The provisions of this Chapter apply, insofar as they are compatible, to industrial franchises and to relations between franchisor and main franchisee and between it and each of its sub-franchisees. CHAPTER 20 Mutual ARTICLE 1525.- Concept. There is a loan agreement when the loan partner agrees to deliver to the customer, a certain quantity of consumables, and The latter undertakes to return the same quantity of things of the same quality and kind. ARTICLE 1526.- Obligation of the mutual. The debtor may not deliver the promised amount if, after the contract, a change in the situation of the debtor makes restitution uncertain. Except for this assumption, if the borrower does not deliver the promised amount within the agreed term or, failing that, upon simple request, the borrower can demand the fulfillment or termination of the contract. ARTICLE 1527.- Onerosity. The mutual is onerous, unless otherwise agreed. If the mutual is in money, the mutual owes the compensatory interest, which must be paid in the same borrowed currency. If the mutual is of other types of fungible things, the interests are settled in money, taking into account the price of the amount of things loaned in the place where payment of accessories must be made on the day of the start of the period, unless otherwise agreed. Interest is due per quarter overdue, or with each total or partial amortization of the loan that occurs before a quarter, except as otherwise provided. If the gratuitousness of the mutual has been agreed, the interest that the mutual has paid voluntarily is unrepeatable. The receipt of interest for a period, without condition or reservation, presumes the payment of the above. ARTICLE 1528.- Term and place of restitution. If nothing has been stipulated about the term and place for the restitution of the loan, the mutual must return it within ten days of requesting the mutual, except what arises from the uses, and in the place established in article 874. ARTICLE 1529.- Default of the mutual. Failure to pay interest or any amortization of capital gives the mutual right to terminate the contract and to demand the return of the totality of the loaned, plus its interests until the effective restitution. If the mutual is free, after default, late interest is owed. If the mutual is onerous in the absence of a convention on default interest, the provisions apply for obligations to give sums of money. ARTICLE 1530.- Poor quality or vice of the thing. If the amount loaned is not money, the mutual party is liable for damages caused by the poor quality or the vice of the thing borrowed if the mutual is free, it responds only if it knows the bad quality or the vice and does not warn the mutual. ARTICLE 1531.- Application of the rules of this Chapter. The rules of this Chapter apply even if the mutual agreement has clauses that establish that: a) the interest rate consists of a part or a percentage of the profits of a business or activity, or is calculated at a variable rate according to them; b) the mutual has the right to receive interest or to recover his capital only from the profits or income resulting from a business or activity, without the right to collect from others mutual property; c) the mutual must give the funds a specific destination. ARTICLE 1532.- Supplementary rules. The provisions regarding obligations to give sums of money or gender, as the case may be, apply to the mutual. CHAPTER 21 Comodato ARTICLE 1533.- Concept. There is a loan if a party agrees to deliver to another an non-expendable, movable or immovable thing, so that it can use it freely and return the same thing received. ARTICLE 1534.- Loan of fungible things. The loan of consumables is only governed by the rules of the loan if the borrower agrees to return them things received. ARTICLE 1535.- Prohibitions. The following cannot contract: a) the tutors, curators and supports, with respect to the assets of the incapable or people with restricted capacity, under their representation; b) the administrators of other people's assets, public or private, with respect to those entrusted to their management, unless they have express powers to do so. ARTICLE 1536, - Obligations of the borrower. The borrower's obligations are: a) use the thing according to the agreed destination. In the absence of a convention, it can give it the fate it had at the time of the contract, which is given to similar things in the place where the thing is found, or that which corresponds to its nature; b) pay the ordinary expenses of the thing and those made to use it; c) preserve the thing with prudence and diligence; d) answer for the loss or deterioration of the thing, even caused by fortuitous event, unless it proves that they would have happened equally if the thing had been in power of the borrower; e) restore the same thing with its fruits and accessories at the agreed time and place. In the absence of a convention, it must do so when the purpose for which it is provided is satisfied. the thing. If the duration of the contract is neither agreed nor arises from its purpose, the borrower can claim the refund at any time. If there are several borrowers, they respond jointly. ARTICLE 1537.- Stolen or lost thing. The borrower cannot refuse to return the thing alleging that it does not belong to the borrower, except that it is a thing lost or stolen by the owner. If the borrower knows that the thing that has been delivered to him is stolen or lost, he must report it to the owner so that he can claim it judicially within a reasonable time. The borrower is responsible for the damages caused to the owner in case of omitting the complaint or if, despite doing so, he returns the thing to the comfortable. The owner cannot claim the return of the thing from the borrower without the consent of the borrower or without the judge's decision. ARTICLE 1538.- Expenses. The borrower cannot request reimbursement of the ordinary expenses made to use the thing; nor can he retain it for what the borrower owes, even if it is due to extraordinary conservation costs. ARTICLE 1539.- Early refund. The borrower can demand the restitution of the thing before the expiration of the term: a) if you need it due to an unforeseen and urgent circumstance; or b) if the borrower uses it for a different destination than the one agreed upon, even if it does not damage it. ARTICLE 1540.- Obligations of the borrower. The borrower's obligations are: a) deliver the thing at the agreed time and place; b) allow the use of the thing during the agreed time; c) answer for the damages caused by the defects of the thing that hides the borrower; d) reimburse the extraordinary conservation expenses that the borrower makes, if he previously notifies them or if they are urgent. ARTICLE 1541.- Extinction of the loan. The loan is extinguished: a) by destruction of the thing. There is no real subrogation, nor is the borrower obliged to lend such a thing; b) due to the expiration of the term, whether or not the borrowed item has been used; c) by unilateral will of the borrower; d) due to the death of the borrower, unless otherwise stipulated or that the loan has not been exclusively held in consideration of his person. CHAPTER 22 Donation SECTION 1 General disposition ARTICLE 1542.- Concept. There is a donation when a party agrees to transfer one thing free to another, and the other accepts it. ARTICLE 1543.- Subsidiary application. The rules of this Chapter apply subsidiarily to other legal acts free of charge. ARTICLE 1544.- Mixed acts. Mixed acts, partly onerous and partly free, are governed as to their form by the provisions of this Chapter; As for his content, by these in the free part and by those corresponding to the apparent nature of the act in the onerous part. ARTICLE 1545.- Acceptance. Acceptance can be express or tacit, but it is of restrictive interpretation and is subject to the established rules regarding the form of the donations. It must occur during the life of the donor and the recipient. ARTICLE 1546.- Donation under condition. Donations made under the condition precedent to produce effects from the death of the donor are prohibited. ARTICLE 1547.- Joint offer. If the donation is made to several people in solidarity, the acceptance of one or some of the donors applies to the entire donation. If the acceptance of some becomes impossible by their death, or by revocation of the donor regarding them, the entire donation must be applied to those who accepted it. ARTICLE 1548.- Ability to donate. Only people who have full capacity to dispose of their property can donate. Emancipated minors They can do so with the limitation of subsection b) of Article 28. ARTICLE 1549.- Ability to accept donations. Accepting donations requires being able. If the donation is to an incapable person, the acceptance must be made by its legal representative; If the donation of the third party or the representative is charged, judicial authorization is required. ARTICLE 1550.- Tutors and curators. Guardians and conservators cannot receive donations from those who have been under their guardianship or conservatorship before accountability and payment of any sum that has been owed to them. ARTICLE 1551.- Object. The donation cannot have as its object the totality of the donor's patrimony, nor an aliquot of it, nor certain things that the donor does not have. domain at the time of hiring. If you understand things that make up all or part of the donor's assets, it is only valid if the donor reserves his usufruct, or if it has other sufficient means for its subsistence. ARTICLE 1552.- Form. Donations of immovable property, of registrable movable property and of property must be made in public deed, under penalty of nullity. periodic or lifetime benefits. ARTICLE 1553.- Donations to the State. Donations to the State can be credited with administrative actions. ARTICLE 1554.- Manual donation. Donations of non-registrable personal property and bearer securities must be made in the tradition of the donated item. SECTION 2 Effects ARTICLE 1555.- Delivery. The donor must deliver the thing since it has been defaulted. In case of default or default, only responds for intent. ARTICLE 1556.- Guarantee for eviction. The donor only responds for eviction in the following cases: a) if you have expressly assumed that obligation; b) if the donation has been made in bad faith, the donor knowing that the thing donated was not his and the donor ignoring it; c) if the eviction occurs due to the donor; d) if the donations are mutual, remunerative or charged. ARTICLE 1557.- Scope of the guarantee. The responsibility for the eviction obliges the donor to compensate the donor for the expenses he has incurred due to the donation. If it is mutual, remunerative or charged, the donor must also reimburse the value of the thing received by him, the amount spent in fulfilling the charge, or pay the services received, respectively. If the eviction comes from a fact subsequent to the donation attributable to the donor, the donor must compensate the donor for the damages caused. When the eviction is partial, the compensation is proportionally reduced. ARTICLE 1558.- Hidden vices. The donor only responds for the hidden defects of the donated thing if there was fraud on his part, in which case he must repair the donor the caused damages. ARTICLE 1559.- Maintenance obligation. Unless the donation is onerous, the grantee must provide food to the donor who has no means of subsistence. Can free yourself from that obligation by restoring the donated things or their value if you have disposed of them. SECTION 3 Some donations in particular ARTICLE 1560.- Mutual donations. In mutual donations, the invalidity of one affects the other, but the ingratitude or non-compliance of the charges only harm the guilty grantee. ARTICLE 1561.- Remunerative donations. Remunerative donations are those made as a reward for services rendered to the donor by the grantee, appreciable in money and for which the second could judicially demand payment. The donation is deemed free if the purpose of the remuneration is not stated in the instrument. ARTICLE 1562.- Donations with charges. Donations may impose charges in favor of the donor or a third party, be they related to the employment or destination of the thing donated, or consisting of one or more benefits. If the charge has been stipulated in favor of a third party, this, the donor and his heirs can demand its execution; but only the donor and his heirs can revoke the donation for non-execution of the position. If the third party has accepted the benefit represented by the charge, in the event of the contract being revoked, he has the right to claim the donor or, where appropriate, his heirs, the fulfillment of the charge, without prejudice to their rights against the grantee. ARTICLE 1563.- Responsibility of the grantee for the charges. The grantee only responds for the fulfillment of the charges with the donated thing, and even its value if he has alienated or has perished by his own. He is released if the thing has perished without his fault. It can also be removed from that responsibility by restoring the thing donated, or its value if it is impossible. ARTICLE 1564.- Scope of onerousness. Remunerative or chargeable donations are considered as acts for consideration insofar as they are limited to one equitable remuneration for services received or in which there is equivalence of values ​​between the thing donated and the charges imposed. The rules apply to the surplus of donations. ARTICLE 1565.- Innocious donations. A donation whose value exceeds the available part of the donor's patrimony is considered inno fi cient. In this regard, the precepts of this Code on the legitimate portion. SECTION 4 Reversal and revocation ARTICLE 1566.- Reversal agreement. In the donation the reversion of the donated things can be agreed, subjecting the contract to the resolutive condition that the grantee, or the grantee, his spouse and his descendants, or the grantee without children, die before the donor. This clause must be express and can only be stipulated in favor of the donor. If it is included in favor of him and his heirs or third parties, it is only valid with respect to that one. If the reversal has been agreed in the case of the death of the donor without children, the existence of them at the time of the death of their father extinguishes the right of the donor, who it is not reborn even if it survives them. ARTICLE 1567.- Effects. Once the condition foreseen for the reversion is fulfilled, the donor can demand the restitution of the transferred things according to the domain rules. revocable. ARTICLE 1568.- Resignation. The consent of the donor for the disposal of the donated things matters the waiver of the right of reversal. But the conformity for that they are taxed with real rights only benefits the holders of these rights. ARTICLE 1569.- Revocation. The accepted donation can only be revoked for non-execution of the charges, due to the ingratitude of the grantee, and, if stipulated. expressly, by supernacence of the donor's children. If the donation is onerous, the donor must reimburse the value of the charges paid or the services provided by the donor. ARTICLE 1570.- Breach of charges. The donation may be revoked for breach of charges. Revocation does not harm third parties for whose benefit the charges are established. Third parties to whom the grantee transmits goods subject to charges should only return them to the donor, upon revocation of the donation, if they are in bad faith; but they can prevent the effects of the revocation offering to execute the obligations imposed on the grantee if the benefits that constitute the charges should not be accurately and personally for that one. The grantee who disposes of the donated goods, or makes their return impossible because of him, must compensate the donor for the value of the things donated to the time to promote the revocation action, with your interests. ARTICLE 1571.- Ingratitude. Donations may be revoked due to the grantee's ingratitude in the following cases: a) if the grantee attempts against the life or person of the donor, his spouse or partner, his ancestors or descendants; b) if he seriously injures the same people or affects them in his honor; c) if it unfairly deprives them of assets that make up their assets; d) if you refuse food to the donor. In all the alleged statements, proof that the wrongful act is imputable to the grantee is sufficient, without the need for a criminal conviction. ARTICLE 1572.- Denial of maintenance. The revocation of the donation due to denial of food provision can only take place when the donor cannot get them from people bound by family relationships. ARTICLE 1573.- Active legitimation. The revocation of the ingratitude donation can only be sued by the donor against the recipient, and not by the heirs of that one or against the heirs of the latter. The deceased donor who died, the action can be continued by his heirs; and deceased defendant, can also be held against his heirs. The action is terminated if the donor, with knowledge of the cause, forgives the donor or does not promote it within the expiration period of one year after knowing the fact typifier of ingratitude. CHAPTER 23 Bond SECTION 1 General disposition ARTICLE 1574.- Concept. There is a bond contract when a person is obligatorily by another to satisfy a benefit in the event of default. If the debt owed is to deliver a certain thing, to do that can only be personally fulfilled by the debtor, or not to do, the debtor is only obliged to satisfy damages resulting from non-execution. ARTICLE 1575.- Extension of the obligations of the financier. The benefit payable by the financier must be equivalent to or less than that of the main debtor, and cannot subject to stipulations that make it more onerous. Failure to observe the preceding rule does not invalidate the bond, but authorizes its reduction to the limits of the main obligation. The guarantor may provide guarantees for the security of your deposit. ARTICLE 1576.- Incapacity of the debtor. The guarantor cannot excuse his responsibility for the debtor's incapacity. ARTICLE 1577.- Obligations that can be consolidated. Any current or future obligation, including that of another guarantor, may be secured. ARTICLE 1578.- General bond. The general bond that includes current or future obligations, even indeterminate, is valid; in all cases the maximum amount to which the guarantor is obligated. This bond does not extend to the new obligations contracted by the surety after five years of being granted. The indefinite bond in time may be retracted, in which case it does not apply to the obligations contracted by the guarantor after the withdrawal is notified to the creditor. ARTICLE 1579.- Form. The bond must be agreed in writing. ARTICLE 1580.- Extension of the bond. Except as otherwise agreed, the guarantee includes the accessories of the main obligation and the expenses that it reasonably demands. its collection, including court costs. ARTICLE 1581.- Letters of recommendation or sponsorship. Letters of recommendation, sponsorship or otherwise, by which solvency is ensured, probity or other fact relative to the one who procures credits or a contract, does not oblige its grantor, except that they have been given in bad faith or negligently, assum that he must compensate the damages suffered by the one who gives credit or contracts trusting in such manifestations. ARTICLE 1582.- Commitment to maintain a certain situation. The commitment to maintain or generate a certain factual or legal situation is not Considered bail, but its breach generates responsibility of the liable. SECTION 2 Effects between the guarantor and the creditor ARTICLE 1583.- Benefit of excuse. The creditor can only go to the lien after the debtor's assets have been removed. If the excised goods only reach for a partial payment, the creditor can only sue the guarantor for the balance. ARTICLE 1584.- Exceptions to the benefit of excussion. The guarantor may not invoke the benefit of excuse if: a) the main debtor has filed for bankruptcy or its bankruptcy has been declared; b) the main debtor cannot be sued in the national territory or lacks assets in the Republic; c) the bond is judicial; d) the guarantor has waived the benefit. ARTICLE 1585.- Benefit of excuse in case of co-associates. The guarantor of a joint co-debtor can demand the excuse of the assets of the other co-debtors. The one who secures a guarantor enjoys the benefit of an excuse for him and the principal debtor. ARTICLE 1586.- Subsistence of the term. Payment to the borrower cannot be demanded before the expiration of the term granted to the main debtor, even if the latter has filed for bankruptcy or bankruptcy has been declared, unless otherwise agreed. ARTICLE 1587.- Defenses. The party may oppose all the exceptions and defenses of its own and those that correspond to the main debtor, even if the latter has waived. ARTICLE 1588.- Effects of the sentence. The judgment relating to the validity, or enforceability of the principal debt issued in a trial to which it has not been suitably summoned to intervene. ARTICLE 1589.- Division benefit. If there is more than one fund, each responds for the quota to which it has been obligated. If nothing has been stipulated, they respond equally. The division benefit is waivable. ARTICLE 1590.- Solidarity bond. The liability of the financier is joint and several with that of the debtor when it is expressly agreed or when the financier renounces the bene fi t of excussion. ARTICLE 1591.- Main payer. Whoever is bound as the main payer, even with the denomination of defaulter, is considered a joint debtor and his obligation is governed by the provisions applicable to solidarity obligations. SECTION 3 Effects between the debtor and the guarantor ARTICLE 1592.- Subrogation. The financier who fulfills his provision is subrogated in the rights of the creditor and can demand the reimbursement of what he has paid, with your interests from the day of payment and the damages you have suffered as a result of the deposit. ARTICLE 1593.- Notice. Defenses. The guarantor must notify the principal debtor of the payment he has made. The debtor can oppose the plaintiff who pays without his consent all the defenses he had against the creditor; and if the debtor has paid the creditor before having knowledge of the payment made by the guarantor, he can only repeat against the creditor. ARTICLE 1594.- Rights of the guarantor. The guarantor has the right to obtain the garnishment of the debtor's assets or other sufficient guarantees if: a) the payment is sued judicially; b) upon expiration of the obligation, the debtor does not fulfill it; c) the debtor has been obliged to release it in a certain time and does not do so; d) five years have elapsed since the guarantee was granted, except that the bond obligation has a longer term; e) the debtor assumes risks other than those of the business, dissipates his assets or gives them in security of other operations; f) the debtor intends to leave the country without leaving enough assets to pay the secured debt. SECTION 4 Effects between co-bonders ARTICLE 1595.- Subrogation. The trustor that fulfills the accessory obligation in excess of the part that corresponds to him, is subrogated in the rights of the creditor against the other cofiadores. If one of them is insolvent, the loss is borne by all the co-guarantors, including the one making the payment. SECTION 5 Extinction of the deposit ARTICLE 1596.- Grounds of extinction. The deposit is extinguished for the following special reasons: a) if by virtue of the creditor the subrogation of the plaintiff cannot be made effective in the real guarantees or privileges that accessed the credit at the time of the constitution of the bond; b) if the term for the fulfillment of the guaranteed obligation is extended, without the guarantor's consent; c) if five years elapse from the granting of the general bond to guarantee future obligations and these have not been born; d) if the creditor does not initiate legal action against the debtor within sixty days of being required by the guarantor or allows the application to be dismissed. ARTICLE 1597.- Novation. The bond is extinguished by the novation of the main obligation even if the creditor reserves to preserve his rights against the guarantor. The bond is not extinguished by the novation produced by the debtor's approved preventive agreement, even when no actions or rights have been reserved against the surety. ARTICLE 1598.- Eviction. The eviction of what the creditor has received in payment from the debtor, does not revive the bond. CHAPTER 24 Onerous life annuity contract ARTICLE 1599.- Concept. An onerous life annuity contract is one in which someone, in exchange for a capital or other measurable cash benefit, agrees to pay a rent periodically to another, during the life of one or more existing human persons, designated in the contract. ARTICLE 1600.- Subsidiary rules. If the contract is in favor of a third party, the latter is governed in subsidy by the rules of the donation, except that the benefit has been agreed by reason of another onerous business. ARTICLE 1601.- Form. The onerous life annuity contract must be executed in a public deed. ARTICLE 1602.- Rent. Frequency of payment. The rent must be paid in money. If this benefit is foreseen in other goods that are not money, it must be paid for equivalent in money at the time of each payment. The contract must establish the periodicity with which the rent is paid and the value of each installment. If the value of the installments is not established, they are considered to be of equal value each. The income is accrued per period due; however, the proportional part is due for the time elapsed from the last expiration until the death of the person whose life is taken into consideration for the duration of the contract. ARTICLE 1603.- Plurality of bene fi ciaries. The rent can be hired for the benefit of one or more people existing at the time the contract is concluded, and in a successive or simultaneous. If it is established so that they receive it simultaneously, in the absence of contractual provision, it corresponds to them in equal parts without the right to accrue. The right to rent is transferable by acts inter vivos and by cause of death. ARTICLE 1604.- Action of the constituent or his heirs. The one who delivers the capital, or his heirs, can demand the termination of the contract for non-payment of the debtor and capital restitution. In the same case, if the income is for the benefit of a third party, the provisions of article 1027 apply. ARTICLE 1605.- Action of the third beneficiary. The third beneficiary becomes a creditor of the rent from its acceptance and has direct action against the debtor to get your payment. The provisions of article 1028 apply in subsidy. ARTICLE 1606.- Extinction of the rent. The right to rent is extinguished by the death of the person whose life is taken into consideration for the duration of the contract, for whatever reason. If there are several people, due to the death of the last one; Until this occurs, the income is fully earned. The clause authorizing the replacement of said person, or the incorporation of another with the same effect, is void. Proof of death corresponds to the debtor of the rent. ARTICLE 1607.- Resolution for lack of guarantee. If the debtor of the rent does not grant the guarantee to which he is obliged, or if the one given decreases, whoever delivers the capital or its heirs can demand the termination of the contract and only the capital must be returned. ARTICLE 1608.- Resolution due to illness contemporary to the celebration. If the person whose life is taken into consideration for the duration of the contract is not the debtor, and Within thirty days of celebrated, he dies by his own hand or from an illness he suffered at the time of the contract, this is resolved by law and must restitute benefits. CHAPTER 25 Gambling and betting contracts ARTICLE 1609.- Concept. There is a gaming contract if two or more parties compete in an activity of physical or intellectual skill, even if only partially, forcing themselves to pay a measurable asset in money to whoever wins. ARTICLE 1610.- Powers of the judge. The judge can reduce the debt directly originated in the game if it is extraordinary with respect to the debtor's fortune. ARTICLE 1611.- Game and gamble of pure chance. There is no action to demand the fulfillment of the promised benefit in a game of pure chance, whether or not it is prohibited by the local authority. If it is not prohibited, what is paid is unrepeatable. However, the payment made by an incapable person, or with a restricted capacity, or disabled is repeatable. ARTICLE 1612.- Public offer. The bets and draws offered to the public confer action for their fulfillment. The bidder is responsible to the bettor or participant. Advertising must individualize the offeror. If it does not, whoever does it is responsible. ARTICLE 1613.- Games and bets regulated by the State. The games, bets and draws regulated by the National State, province, or municipalities, are excluded of this Chapter and governed by the rules that authorize them. CHAPTER 26 Cession of rights SECTION 1 General disposition ARTICLE 1614.- Definition. There is an assignment contract when one of the parties transfers a right to the other. The rules of the sale apply to the transfer of rights, of the exchange or donation, depending on whether it has been made with the consideration of a money price, the transfer of ownership of a good, or without consideration, respectively, as long as they are not modified by those of this Chapter. ARTICLE 1615.- Assignment in guarantee. If the assignment is in guarantee, the rules of the pledge of credits apply to the relations between the assignor and the assignee. ARTICLE 1616.- Rights that can be assigned. All rights can be assigned, unless the contrary results from the law, the convention that originates it, or the nature of law. ARTICLE 1617.- Prohibition. The inherent rights of the human person cannot be assigned. ARTICLE 1618.- Form. The assignment must be made in writing, without prejudice to the cases in which the transmission of the title is accepted by endorsement or by manual delivery. They must be granted by public deed: a) the transfer of inheritance rights; b) the transfer of litigation rights. If they do not involve real property rights, it can also be done by court order, provided that the computer system ensures the inalterability of the instrument; c) the transfer of rights derived from an act implemented by public deed. ARTICLE 1619.- Obligations of the transferor. The assignor must deliver to the assignee the documents proving the assigned right that are in their possession. If the assignment is partial, the transferor must deliver to the assignee a certified copy of said documents. ARTICLE 1620.- Effects regarding third parties. The transfer has effects with respect to third parties from its notification to the transfer by public or private instrument of a certain date, without prejudice to the special rules regarding registrable assets. ARTICLE 1621.- Acts prior to the notification of the assignment. The payments made by the transferor to the transferor before being notified of the transfer, as well as the other causes of extinction of the obligation, have a liberating effect for him. ARTICLE 1622.- Attendance of assignees. In the case of successive assignees, the preference corresponds to the first who has notified the transfer to the debtor, even if it is later on date. ARTICLE 1623.- Bankruptcy of the transferor. In the event of insolvency or bankruptcy of the assignor, the assignment has no effect with respect to the creditors if it is notified after filing for bankruptcy or declaring bankruptcy. ARTICLE 1624.- Conservatory acts. Before notification of the assignment, both the assignor and the assignee may perform conservative acts of the right. ARTICLE 1625.- Assignment of pledge credit. The assignment of a credit guaranteed with a pledge does not authorize the transferor or whoever has the pledge in their possession to deliver it to the assignee. ARTICLE 1626.- Assignments made the same day. If several assignments are notified in the same day and without indication of the time, the assignees are in the same rank. ARTICLE 1627.- Partial assignment. The partial assignee of a loan does not have any preference over the assignor, unless the latter has expressly granted it. ARTICLE 1628.- Guarantee for eviction. If the transfer is onerous, the transferor guarantees the existence and legitimacy of the right at the time of the transfer, except in the case of a litigious right or to be assigned as doubtful; but it does not guarantee the solvency of the assigned debtor or its guarantors, unless otherwise agreed or in bad faith. ARTICLE 1629.- Assignment of non-existent right. If the right does not exist at the time of the transfer, the transferor must return to the transferee the price received, with its interests. Yes it is in bad faith, it also owes the difference between the real value of the assigned right and the price of the assignment. ARTICLE 1630.- Guarantee of the debtor's solvency. If the transferor guarantees the solvency of the transferred debtor, the bond rules apply, subject to what the parties have agreed. The assignee can only appeal against the transferor after the debtor's assets have been removed, unless the debtor is bankrupt or bankrupt. ARTICLE 1631.- Subsidiary rules. In what is not expressly provided for in this Chapter, the eviction guarantee is governed by the rules established in articles 1033 and following. SECTION 2 Assignment of debts ARTICLE 1632.- Assignment of debt. There is a transfer of debt if the creditor, the debtor and a third party agree that the latter must pay the debt, without any novation. If the creditor does not agree to release the debtor, the third party remains as a subsidiary co-debtor. ARTICLE 1633.- Assumption of debt. There is assumption of debt if a third party agrees with the creditor to pay the debt of his debtor, without there being novation. If the creditor does not agree to release the debtor, the assumption is considered rejected. ARTICLE 1634.- Compliance for the debtor's release. In the cases of the two previous articles, the debtor is only released if the creditor expressly admits it. This compliance may be prior, simultaneous, or subsequent to the assignment; but it is ineffective if it has been lent in a contract concluded by adhesion. ARTICLE 1635.- Promise of liberation. There is a promise of release if the third party agrees with the debtor to fulfill the debt instead. This promise only binds the third party with the debtor, unless it has been agreed as a stipulation in favor of a third party. CHAPTER 27 Assignment of the contractual position ARTICLE 1636.- Transmission. In contracts with outstanding benefits, either party may transmit its contractual position to a third party, if the other parties they consent to it before, simultaneously or after the transfer. If the conformity is prior to the assignment, it only takes effect once the other parties have been notified, in the manner established for notification to the assigned debtor. ARTICLE 1637.- Effects. From the assignment or, where appropriate, from the notification to the other parties, the transferor departs from his rights and obligations, which are assumed by the assignee. However, the transferred contracting parties retain their actions against the transferor if they have agreed with the transferor to maintain their rights in the event of default. of the assignee. In such case, the transferor or transfers must notify the transferor of the breach within thirty days of its occurrence; of not doing so, the transferor is free of responsibility. ARTICLE 1638.- Defenses. The contracting parties can oppose to the assignee all the exceptions derived from the contract, but not those based on other relations with the transferor, unless they have made an express reservation by consenting to the transfer. ARTICLE 1639.- Guarantee. The transferor guarantees the transferee the existence and validity of the contract. The agreement by which the transferor does not guarantee the existence and validity is in writing if the nullity or non-existence is due to a fact attributable to the transferor. If the transferor guarantees the fulfillment of the obligations of the other contractors, it responds as guarantor. The rules on eviction in the transfer of rights in general apply. ARTICLE 1640.- Third-party guarantees. The guarantees constituted by third parties do not pass to the assignee without their express authorization. CHAPTER 28 Transaction ARTICLE 1641.- Concept. The transaction is a contract by which the parties, to avoid litigation, or end it, making reciprocal concessions, extinguish dubious or litigious obligations. ARTICLE 1642.- Characters and effects. The transaction produces the effects of res judicata without the need for judicial approval. It is of restrictive interpretation. ARTICLE 1643.- Form. The transaction must be in writing. If it falls on litigation rights, it is only effective as of the presentation of the instrument signed by the interested before the judge to process the case. As long as the instrument is not presented, the parties can withdraw from it. ARTICLE 1644.- Prohibitions. It cannot compromise on rights in which public order is compromised, nor on inalienable rights. Neither can the rights over family relations or the state of persons be subject to transaction, except in the case of derived patrimonial rights. of those, or of other rights on which, expressly, this Code admits to agree. ARTICLE 1645.- Nullity of the obligation traded. If the compromised obligation suffers from a vice that causes its absolute nullity, the transaction is invalid. If it is void relative, the parties know the vice, and deal with the nullity, the transaction is valid. ARTICLE 1646.- Subjects. They cannot make transactions: a) persons who cannot transfer the respective right; b) parents, guardians, or conservators regarding their management accounts, even with judicial authorization; c) the executors, regarding the rights and obligations conferred by the will, without the authorization of the succession judge. ARTICLE 1647.- Nullity. Without prejudice to the provisions of Chapter 9 of Title IV of the First Book regarding legal acts, the transaction is void: a) if any of the parties invokes totally or partially nonexistent, or ineffective titles; b) if, when concluding it, one of the parties ignores that the right that transacts has a better title; c) if it is about a lawsuit already settled by final judgment, provided that the party challenging it has ignored it. ARTICLE 1648.- Arithmetic errors. Arithmetic errors do not hinder the validity of the transaction, but the parties have the right to obtain rectification. correspondent. CHAPTER 29 Arbitration contract ARTICLE 1649.- Definition. There is an arbitration contract when the parties decide to submit to the decision of one or more arbitrators all or some of the controversies that have arisen or may arise between them regarding a certain legal relationship, contractual or non-contractual, of private law in which the public order. ARTICLE 1650.- Form. The arbitration agreement must be in writing and may appear in an arbitration clause included in a contract or in a separate agreement or in a statute or regulation. A reference in a contract to a document containing an arbitration clause constitutes an arbitration contract as long as the contract is in writing and the Reference implies that this clause is part of the contract. ARTICLE 1651.- Excluded controversies. The following matters are excluded from the arbitration contract: a) those that refer to the civil status or capacity of the people; b) family issues; c) those related to user and consumer rights; d) accession contracts whatever their purpose; e) those derived from labor relations. The provisions of this Code relating to the arbitration contract are not applicable to disputes to which the national or local States are party. ARTICLE 1652.- Arbitration classes. They can be submitted to the decision of arbitrators or friendly composers, the issues that may be the subject of the arbitrators' judgment. If nothing is stipulated in the arbitration agreement about whether the arbitration is by law or by friendly composers, or if the arbitrators are not expressly authorized to decide the controversy according to equity, it must be understood that it is legal. ARTICLE 1653.- Autonomy. The arbitration contract is independent of the contract to which it relates. The ineffectiveness of this does not hinder the validity of the arbitration contract, therefore, the arbitrators retain their competence, even in the event of its nullity, to determine the respective rights of the parties and rule on their claims and allegations. ARTICLE 1654.- Competition. Except as otherwise provided, the arbitration contract gives arbitrators the power to decide on their own competence, including on the exceptions related to the existence or validity of the arbitration agreement or any others whose estimation prevents entering the merits of the controversy. ARTICLE 1655.- Dictation of previous measures. Except as otherwise provided, the arbitration contract gives arbitrators the power to adopt, at the request of any of the parties, the precautionary measures that they deem necessary with respect to the object of the litigation. The arbitrators can demand sufficient bond from the applicant. The execution of precautionary measures and, where appropriate, preliminary proceedings must be made by the judicial court. The parties can also request the adoption of these measures to the judge, without this being considered a breach of the arbitration contract or a waiver of arbitration jurisdiction; nor does it exclude the powers of arbitrators. The previous measures adopted by the arbitrators as established in this article can be challenged in court when they violate constitutional rights or be unreasonable. ARTICLE 1656.- Effects. Review of arbitration awards. The arbitration agreement obliges the parties to comply with the provisions and excludes the jurisdiction of the judicial courts. on disputes submitted to arbitration, except that the arbitral tribunal is not yet hearing the dispute, and the agreement appears to be manifestly null or void inapplicable. In case of doubt, the arbitration contract must be as effective as possible. The arbitration awards that are issued within the framework of the provisions of this Chapter may be reviewed before the competent courts for the matter and the territory when invoke grounds of nullity, total or partial, in accordance with the provisions of this Code. In the arbitration contract you can not waive the legal challenge of the final award that is contrary to the legal order. ARTICLE 1657.- Institutional arbitration. The parties may entrust the administration of the arbitration and the appointment of arbitrators to civil associations or other entities. nationals or foreigners whose statutes so provide. The arbitration regulations of the administering entities govern the entire arbitration process and integrate the arbitration. ARTICLE 1658.- Optional clauses. It can be agreed: a) the seat of the arbitration; b) the language in which the procedure is to be carried out; c) the procedure to which the arbitrators must comply in their actions. In the absence of agreement, the arbitral tribunal may direct the arbitration in the manner it deems appropriate; d) the period in which the arbitrators must deliver the award. If the term has not been agreed, the one established by the regulations of the entity administering the arbitration, and in its defect that establishes the right of the headquarters; e) the confidentiality of the arbitration; f) the way in which the arbitration costs must be distributed or supported. ARTICLE 1659.- Appointment of arbitrators. The arbitral tribunal must be composed of one or more arbitrators in an odd number. If nothing is stipulated, the referees must be three. The parties may freely agree on the procedure for the appointment of the arbitrator or arbitrators. In the absence of such an agreement: a) in arbitration with three arbitrators, each party appoints one arbitrator and the two arbitrators so appointed appoint the third. If a party does not appoint the arbitrator within thirty days upon receipt of the request from the other party to do so, or if the two arbitrators fail to agree on the third arbitrator within thirty days From their appointment, the appointment must be made, at the request of one of the parties, by the entity administering the arbitration or, failing that, by the judicial court; b) in arbitration with a single arbitrator, if the parties cannot agree on the appointment of the arbitrator, the arbitrator must be appointed, at the request of any of the parties, by the entity administering the arbitration or, failing that, by the judicial court. When the dispute involves more than two parties and they cannot reach an agreement on the form of constitution of the arbitral tribunal, the administrative entity of the arbitration, or failing that, the court must appoint the arbitrator or arbitrators. ARTICLE 1660.- Qualities of the arbitrators. Any person with full civil capacity may act as arbitrator. The parties may stipulate that the arbitrators meet certain conditions of nationality, profession or experience. ARTICLE 1661.- Nullity. The clause that gives a party a privileged situation regarding the appointment of arbitrators is void. ARTICLE 1662.- Obligations of the arbitrators. The arbitrator who accepts the charge enters into a contract with each of the parties and agrees to: a) disclose any circumstance prior to acceptance or that arises subsequently that may affect their independence and impartiality; b) remain in the arbitral tribunal until the termination of the arbitration, unless it justifies the existence of an impediment or a legitimate cause of resignation; c) respect the confidentiality of the procedure; d) have sufficient time to diligently attend the arbitration; e) personally participate in the hearings; f) deliberate with the other arbitrators; g) issue the reasoned award and within the established term. In all cases, the arbitrators must guarantee the equality of the parties and the beginning of the contradictory debate, as well as that each one be given sufficient opportunity. to assert your rights. ARTICLE 1663.- Rejection of the arbitrators. Arbitrators can be challenged for the same reasons as judges according to the law of the seat of arbitration. The recusal is resolved by the administering entity of the arbitration or, failing that, by the judicial court. The parties may agree that the challenge is resolved by the other arbitrators. ARTICLE 1664.- Remuneration of the arbitrators. The parties and the arbitrators may agree on their fees or how they are determined. If they did not, the regulation would made by the judicial court according to local rules applicable to the extrajudicial activity of lawyers. ARTICLE 1665.- Extinction of the jurisdiction of the arbitrators. The competence attributed to the arbitrators by the arbitration contract is extinguished with the issuance of the final award, except for the issuance of explanatory or complementary resolutions in accordance with what the parties have stipulated or the provisions of the headquarters law. CHAPTER 30 Escrow contract SECTION 1 General disposition ARTICLE 1666.- Definition. There is a trust agreement when a party, called the trustor, transfers or agrees to transfer ownership of the property to another person denominated trustee, who undertakes to exercise it for the benefit of another so-called beneficiary, which is designated in the contract, and to transmit it to the fulfillment of a term or condition to the trustee. ARTICLE 1667.- Content. The contract must contain: a) the individualization of the assets subject to the contract. In the event that such identification is not possible at the date of the conclusion of the trust, the description of the requirements and characteristics that the assets must meet; b) the determination of the way in which other assets can be incorporated into the trust, if applicable; c) the term or condition to which the fiduciary property is subject; d) the identification of the beneficiary, or the way to determine it in accordance with article 1671; e) the destination of the assets at the end of the trust, indicating the trustee to whom they must be transferred or the way to determine it in accordance with article 1672; f) the rights and obligations of the fiduciary and the way to replace it, if it ceases. ARTICLE 1668.- Term. Condition. The trust cannot last more than thirty years from the conclusion of the contract, unless the beneficiary is an incapable person or with restricted capacity, in which case it may last until the cessation of the incapacity or the restriction on his capacity, or his death. If a longer term is agreed, it is reduced to the maximum expected time. Once the condition has been fulfilled or thirty years have passed since the contract has not been fulfilled, the trust ceases and the assets must be transferred by the trustee to whom it is designated in contract. In the absence of a stipulation, they must be transmitted to the settlor or his heirs. ARTICLE 1669.- Form. The contract, which must be registered in the corresponding Public Registry, can be concluded by public or private instrument, except when refers to goods whose transfer must be held by public instrument. In this case, when said formality is not fulfilled, the contract is valid as a promise to grant it. If the incorporation of this class of goods is subsequent to the conclusion of the contract, it is sufficient with the fulfillment, at that time, of the formalities necessary for its transfer, and the trust agreement must be transcribed in the respective act. ARTICLE 1670.- Object. All assets found in commerce, including universities, may be subject to the trust, but inheritances cannot be future. SECTION 2 Subjects ARTICLE 1671.- Beneficiary. The beneficiary may be a human or legal person, who may or may not exist at the time the contract is awarded; on this last case the data that allows its future individualization must be included. The trustor, the trustee or the trustee may be beneficiaries. Several beneficiaries may be designated who, except where otherwise provided, benefit equally; in the case of non-acceptance or resignation of one or more appointees, or When one or the other does not come into existence, the right to accrue from the others may be established or, where appropriate, substitute beneficiaries may be designated. If no beneficiary accepts, all resign or do not exist, the beneficiary is understood to be the trustee. If the trustee also resigns or does not accept, or if not comes into existence, the beneficiary must be the settlor. The right of the beneficiary, even if he has not accepted it, may be transferred by acts inter vivos or by cause of death, except as otherwise provided by the beneficiary. If the death extinguishes the right of the designated beneficiary, the rules of the preceding paragraphs apply. ARTICLE 1672.- Trustee. The trustee is the person to whom the property is transferred at the conclusion of the trust. It can be the beneficiary, the beneficiary, or a different person from them. The trustee cannot be a trustee. The first, second and third paragraphs of article 1671 apply to the trustee. If no trustee agrees, all resign or do not come into existence, the trustee is the settlor. ARTICLE 1673.- Trustee. The trustee can be any human or legal person. Only financial entities authorized to function as such may be offered to the public to act as trustees, subject to the provisions of the respective law and Legal persons authorized by the body that controls the securities markets, which must establish the requirements that must be met. The trustee may be a beneficiary. In such case, you must avoid any conflict of interest and act privileging those of the other parties involved in the contract. ARTICLE 1674.- Guideline of action. Solidarity. The trustee must comply with the obligations imposed by law and by the contract with the prudence and diligence of good businessman acting on the trust placed in him. If more than one trustee is appointed to act simultaneously, either jointly or indistinctly, their responsibility is joint and several for compliance with the obligations resulting from the trust. ARTICLE 1675.- Accountability. The rendering of accounts may be requested by the beneficiary, by the trustor or by the trustee, if applicable, in accordance with the law. and to contractual provisions; they must be rendered with a periodicity of no more than one year. ARTICLE 1676.- Prohibited dispensations. The contract cannot exempt the trustee from the obligation to render accounts, nor from the fault or fraud that he or her dependent, or the prohibition of acquiring the trust assets for themselves. ARTICLE 1677.- Reimbursement of expenses. Retribution. Except as otherwise provided, the trustee is entitled to reimbursement of expenses and to remuneration, both to position of who or who is stipulated in the contract. If the remuneration is not set in the contract, it must be set by the judge, taking into account the nature of the assignment, the importance of the duties to be fulfilled, the effectiveness of the management carried out and the other circumstances in which the trustee operates. ARTICLE 1678.- Cessation of the trustee. The trustee is terminated by: a) judicial removal for breach of its obligations or for being materially or legally unable to carry out its function, at the request of the trustor; or at the request of the beneficiary or the trustee, with summons from the trustor; b) judicially declared incapacity, disqualification and restricted capacity, and death, if it is a human person; c) dissolution, if it is a legal person; This cause does not apply in cases of merger or absorption, without prejudice to the application of subsection a), if applicable; d) bankruptcy or liquidation; e) resignation, if expressly authorized in the contract, or in case of serious cause or material or legal impossibility of performing the function; resignation takes effect after the transfer of the property subject to the trust to the substitute trustee. ARTICLE 1679.- Substitution of the trustee. Produced a cause of cessation of the trustee, it is replaced by the substitute indicated in the contract or the one designated according to the procedure provided by him. If there is not or does not accept it, the judge must designate as fiduciary one of the authorized entities in accordance with the provisions of article 1690. In the event of the trustee's death, the interested parties can dispense with judicial intervention, granting the necessary acts for the transfer of assets. In the remaining cases of subsections b), c) and d) of article 1678, any interested party may request the judge to verify the occurrence of the cause and indicate the substitute or the procedure for his appointment, in accordance with the contract or the law, by the briefest procedure provided by the local procedural law. In all cases of Article 1678 the judge can, at the request of the settlor, the beneficiary, the trustee or a creditor of the separate estate, appoint a provisional judicial trustee or dictate heritage protection measures, if there is danger in delay. If the appointment of the new trustee is made with judicial intervention, the trustee must be heard. The trust assets must be transferred to the new trustee. If they are registrable, the authenticated judicial, notarial or private instrument, in the for the record the appointment of the new trustee. Proof of reason may also be requested by the new trustee. ARTICLE 1680.- Trust in guarantee. If the trust is constituted for guarantee purposes, the trustee can apply the sums of money that enter the estate, even by judicial or extrajudicial collection of the credits or f fi icicomitiated rights, to the payment of the guaranteed credits. Regarding other assets, to be applied to the guarantee the trustee can dispose of them according to the provisions of the contract and, in the absence of a convention, privately or judicially, ensuring a mechanism that seeks obtain the highest possible value of the goods. ARTICLE 1681.- Acceptance of the beneficiary and the trustee. Fraud. To receive the benefits of the trust, the beneficiary and the trustee must accept your quality of such. Acceptance is presumed when they intervene in the trust agreement, when they perform acts that unequivocally imply it or are holders of certificates of participation or debt securities in financial trusts. Not accepting acceptance in the terms indicated, the trustee may request it by means of an authentic act, setting for this purpose a reasonable period of time. Not produced the acceptance, must request the judge to require it without other substantiation, establishing for this purpose the most appropriate method of notification to the interested party. The beneficiary and the trustee may, to the extent of their interest, claim for the due performance of the contract and the revocation of the acts performed by the trustee in fraud of their interests, without prejudice to the rights of interested third parties in good faith. SECTION 3 Effects ARTICLE 1682.- Fiduciary property. Fiduciary property is constituted on the trust assets, governed by the provisions of this Chapter and by which correspond to the nature of the goods. ARTICLE 1683.- Effects against third parties. The fiduciary nature of the property has effects vis-à-vis third parties from the moment the requirements of according to the nature of the respective assets. ARTICLE 1684.- Registration. Incorporated goods. In the case of recordable assets, the corresponding records must take into account the fiduciary quality of the property in the name of the trustee. Except as otherwise stipulated in the contract, the trustee acquires fiduciary ownership of the fruits and products of the trust assets and of the assets that he acquires. with those fruits and products or by actual subrogation with respect to all those assets, and must be recorded in the title for the acquisition and in the records relevant. ARTICLE 1685.- Separate assets. Insurance. The trust assets constitute an equity separate from the assets of the trustee, the trustor, the beneficiary and the trustee. Without prejudice to its liability, the trustee is obliged to take out insurance against civil liability that covers damages caused by the things that are the object of the trust. The risks and amounts for which the insurance must be contracted are those established by the regulations and, failing this, those that are reasonable. The trustee is responsible in the terms of articles 1757 and concordant when he has not contracted insurance or when it is unreasonable in the coverage of risks or amounts. ARTICLE 1686.- Action by creditors. The trust assets are exempt from the singular or collective action of the creditors of the trustee. They also cannot attack the trust assets of the creditors of the trustor, being safe the actions for fraud and bankruptcy ineffectiveness. The creditors of the beneficiary and the trustee they can be subrogated to the rights of your debtor. ARTICLE 1687.- Debts. Settlement. The assets of the trustee are not liable for the obligations contracted in the execution of the trust, which are only satisfied with the trust assets. Neither the trustor, the beneficiary nor the trustee are liable for these obligations, except where expressly agreed by them. The provisions of this article do not preclude the responsibility of the trustee by application of the general principles, if applicable. The insufficiency of the trust assets to meet these obligations does not give rise to the declaration of their bankruptcy. In such case and in the absence of other resources provided by the trustor or the beneficiary according to contractual provisions, its liquidation proceeds, which is in charge of the competent judge, who must set the procedure on the basis of the rules set forth for bankruptcy and bankruptcy, as appropriate. ARTICLE 1688.- Acts of disposition and liens. The trustee may dispose of or encumber the trust assets when required by the purposes of the trust, without being the consent of the trustor, the beneficiary or the trustee is necessary. The contract may provide limitations to these powers, including the prohibition on alienation, which, where appropriate, must be registered in the records corresponding to things recordable. Such limitations are not enforceable against interested third parties in good faith, without prejudice to the rights with respect to the trustee. If several trustees are appointed, a condominium is configured according to the provisions of article 1674, the acts of disposition must be granted by all jointly, unless otherwise agreed, and none of them can exercise the action of partition while the trust lasts. Acts of disposition performed by the fiduciary in accordance with the provisions of this rule are safe. ARTICLE 1689.- Actions. The trustee is entitled to exercise all the corresponding actions for the defense of the trust assets, against third parties, the trustor, beneficiary, or trustee. The judge may authorize the trustor, the beneficiary or the trustee, to exercise actions to replace the trustee, when the trustee does not do so without sufficient reason. SECTION 4 Financial trust ARTICLE 1690.- Definition. Financial trust is the trust agreement subject to the preceding rules, in which the trustee is a financial entity or a company specially authorized by the securities market comptroller to act as financial trustee, and beneficiaries are the holders of the securities guaranteed with the transferred assets. ARTICLE 1691.- Securities. Offers to the public. The securities referred to in article 1690 may be offered to the public under the terms of the offer regulations. of securities. In this case, the regulatory body for the securities markets must be the enforcement authority for the financial trusts, Who can issue regulatory standards that include determining the requirements to be met to act as trustee. ARTICLE 1692.- Content of the fi nancial trust agreement. In addition to the general content requirements set forth in article 1667, the trust agreement The financial institution must contain the terms and conditions for the issuance of the securities, the rules for decision-making by the beneficiaries that include the provisions in the event of insufficiency or insolvency of the trust assets, and the name or private identification of the financial trust. SECTION 5 Participation certificates and debt securities ARTICLE 1693.- Issuance and characters. Global certi fi cates. Without prejudice to the possibility of issuing atypical securities, under the terms of article 1820, the Participation certificates are issued by the trustee. The debt securities guaranteed by the trust assets may be issued by the trustee or by third parties. Certificates of participation and debt securities can be bearer, endorsable or non-endorsable, nominal or Scriptural, as permitted by relevant legislation. Certi fi cates must be issued on the basis of a prospectus stating the conditions of the issue, the statements necessary to identify the trust to which they belong, and the description of the rights they confer. Global certificates of participation certificates and debt securities can be issued for registration in collective deposit regimes. To this end they are considered definitive, negotiable and divisible. ARTICLE 1694.- Classes. Series. Various classes of participation certificates or debt securities may be issued, with different rights. Inside each The same rights must be granted in class. The broadcast can be divided into series. Debt securities give their holders the right to claim via executive. SECTION 6 Assemblies of holders of debt securities or certificates of participation ARTICLE 1695.- Assemblies. In the absence of contractual provisions to the contrary, or regulations of the controlling body of the securities markets, in the Financial trusts with public offering The collective decisions of the beneficiaries of the financial trust must be adopted by an assembly, to which the rules apply. call, quorum, operation and majorities of public limited companies, except in the case of the insufficiency of the trust assets or the restructuring of your payments to beneficiaries. In the latter case, the rules of extraordinary meetings of public limited companies apply, but none decision is valid without the favorable vote of three quarters of the issued and outstanding securities. ARTICLE 1696.- Computation. In the event of the existence of debt securities and certificates of participation in the same financial trust, the computation of the Quorum and majorities must be made on the joint nominal value of the securities in circulation. However, except as otherwise provided in the contract, none decision related to the insufficiency of the trust assets or the restructuring of payments to the beneficiaries is valid without the favorable vote of three quarters of the debt securities issued and outstanding, excluding subordinated debt securities. SECTION 7 Expiration of the trust ARTICLE 1697.- Grounds. The trust is extinguished by: a) the fulfillment of the term or the condition to which it has been submitted, or the expiration of the maximum legal term; b) revocation of the trustor, if that power has been expressly reserved; the revocation has no retroactive effect; revocation is ineffective in financial trusts after the public offering of the participation certificates or debt securities has started; c) any other cause provided for in the contract. ARTICLE 1698.- Effects. Upon termination of the trust, the trustee is obliged to deliver the assets in trust to the trustee or their successors, to grant the instruments and to contribute to the corresponding registry registrations. SECTION 8 Testamentary trust ARTICLE 1699.- Applicable rules. The trust can also be constituted by a will, which must contain, at least, the statements required by the article 1667. Articles 2448 and 2493 and the rules of this Chapter apply; Those referring to the trust agreement must be understood as relating to the will. In the event that the designated trustee does not accept their appointment, the provisions of article 1679 apply. The maximum term provided for in article 1668 is computed from the death of the trustor. ARTICLE 1700.- Nullity. The trust constituted for the purpose that the trustee is obliged to maintain or administer the trust assets is void to be transmitted only upon death to another trustee of current or future existence. CHAPTER 31 Fiduciary domain ARTICLE 1701.- Fiduciary domain. De fi nition. Fiduciary domain is that which is acquired by reason of a trust constituted by contract or testament, and is subject to to last only until the termination of the trust, for the purpose of delivering the thing to whom it may correspond according to the contract, the will or the law. ARTICLE 1702.- Applicable rules. The rules governing real rights in general and, in particular, the domain, provided for in the regulations, are applicable to the fiduciary domain. Titles I and III of the Fourth Book of this Code. ARTICLE 1703.- Exceptions to the general regulations. The fiduciary domain makes exception to the general regulation of the domain and, in particular, of the imperfect domain in how much it is possible to include in the trust contract the limitations to the powers of the owner contained in the provisions of Chapter 30 and this Chapter. ARTICLE 1704.- Powers. The owner of the fiduciary domain has the powers of the perfect owner, as long as the legal acts he performs are in accordance with the purpose of the trust and the the agreed contractual provisions. ARTICLE 1705.- Non-retroactivity. The termination of the fiduciary domain does not have retroactive effect with respect to the acts carried out by the trustee, except that they do not comply with the purposes of the trust and the agreed contractual provisions, and that the third party acquirer lacks good faith and onerous title. ARTICLE 1706.- Re-acquisition of the perfect domain. Produced the extinction of the trust, the trustee of a thing is immediately constituted in possessor to perfect owner name. If the thing is registrable and the sufficient way consists in the constitutive registration, it is required to register the reacquisition; if the inscription is not constitutive, is required for the purpose of its enforceability. ARTICLE 1707.- Effects. When the extinction is not retroactive, all acts performed by the holder of the fiduciary domain are opposable to the perfect owner. If the extinction is retroactive, the perfect owner re-acquires the free domain of all the legal acts performed. TITLE V Other sources of obligations CHAPTER 1 Civil liability SECTION 1 General disposition ARTICLE 1708.- Responsibility functions. The provisions of this Title are applicable to the prevention of damage and its repair. ARTICLE 1709.- Normative priority. In cases where the provisions of this Code and those of any special law relating to civil liability concur, they are applicable, in the following order of priority: a) the unavailable norms of this Code and the special law; b) the autonomy of the will; c) the supplementary norms of the special law; d) the supplementary rules of this Code. SECTION 2 Preventive function and excessive puncture ARTICLE 1710.- Duty to prevent damage. Every person has a duty, as far as he depends, to: a) avoid causing unwarranted harm; b) adopt, in good faith and in accordance with the circumstances, reasonable measures to prevent damage from occurring, or decrease its magnitude; whether such measures prevent or decrease the magnitude of damage for which a third party would be responsible, has the right to be reimbursed by the third party for the costs incurred, in accordance with the rules of enrichment without cause; c) not aggravate the damage, if it has already occurred. ARTICLE 1711.- Preventive action. Preventive action proceeds when an unlawful act or omission makes it foreseeable the production of a damage, its continuation or aggravation. The concurrence of any attribution factor is not required. ARTICLE 1712.- Legitimation. Those who demonstrate a reasonable interest in the prevention of damage are entitled to claim. ARTICLE 1713.- Judgment. The sentence that admits the preventive action must have, at the request of a party or of fi ce, in a definitive or provisional form, obligations to give, to do or not to do, as appropriate; it must weigh the criteria of least possible restriction and of the most suitable means to ensure efficiency in obtaining the purpose. ARTICLE 1714.- Excessive punishment. If the application of pecuniary administrative, criminal or civil convictions in relation to a fact provokes an unreasonable punishment or excessive, the judge must compute it in order to prudently set its amount. ARTICLE 1715.- Powers of the judge. In the case provided for in article 1714, the judge may withdraw the measure, totally or partially. SECTION 3 Compensatory function ARTICLE 1716.- Duty to repair. Violation of the duty not to harm another, or breach of an obligation, results in reparation for the harm caused, in accordance with the provisions of this Code. ARTICLE 1717.- Unlawfulness. Any action or omission that causes harm to another is unlawful if not justified. ARTICLE 1718.- Legitimate defense, state of necessity and regular exercise of a right. The fact that causes damage is justified: a) in the regular exercise of a right; b) in legitimate self-defense or that of third parties, by a rationally proportioned means, against current or imminent, unlawful and unprovoked aggression; the third one that was not illegitimate aggressor and suffers damages as a result of an act carried out in legitimate defense, has the right to obtain full reparation; c) to avoid an evil, current or imminent, otherwise unavoidable, that threatens the agent or a third party, if the danger does not originate in his act; the fact is justified only if the evil avoided is greater than the one caused. In this case, the victim has the right to be compensated to the extent that the judge consider equitable. ARTICLE 1719.- Assumption of risks. Voluntary exposure by the victim to a dangerous situation does not justify the harmful event or exempt from liability Unless, due to the circumstances of the case, it can be classified as a fact of the victim that totally or partially interrupts the causal link. Whoever voluntarily exposes himself to a dangerous situation to save the person or property of another has the right, in case of being damaged, to be compensated by whoever created the situation of danger, or by the bene fi ted by the act of self-denial. In the latter case, the repair proceeds only to the extent of enrichment by him obtained. ARTICLE 1720.- Consent of the damni fi ed. Without prejudice to special provisions, the free and informed consent of the victim, insofar as it does not constitutes an abusive clause, releases liability for damages resulting from the injury of available property. ARTICLE 1721.- Attribution factors. The attribution of damage to the person responsible can be based on objective or subjective factors. In the absence of regulations, the factor of attribution is to blame. ARTICLE 1722.- Objective factor. The attribution factor is objective when the agent's fault is irrelevant for the purposes of attributing responsibility. In such cases, the Responsible is released demonstrating the cause of others, unless otherwise provided by law. ARTICLE 1723.- Objective responsibility. When from the circumstances of the obligation, or from what is agreed by the parties, it appears that the debtor must obtain a result determined, your responsibility is objective. ARTICLE 1724.- Subjective factors. Guilt and intent are subjective attribution factors. The fault consists in the omission of due diligence according to the nature of the obligation and the circumstances of people, time and place. It comprises recklessness, negligence and inexperience in art or profession. The fraud is con fi gured by the intentionally causing harm or with manifest disregard for the interests of others. ARTICLE 1725.- Assessment of conduct. The greater the duty to act with prudence and full knowledge of things, the greater the diligence required of the agent and assessing the predictability of consequences. When there is a special trust, the nature of the act and the particular conditions of the parties must be taken into account. In order to assess conduct, the special condition or the intellectual faculty of a specific person is not taken into account, except in the contracts that imply trust. special between the parties. In these cases, the degree of responsibility is estimated, due to the special condition of the agent. ARTICLE 1726.- Causal relationship. The harmful consequences that have an adequate causal link with the fact causing the damage are repairable. Except provision to the contrary, the immediate consequences and the foreseeable mediates are compensated. ARTICLE 1727.- Types of consequences. The consequences of a fact that usually happen according to the natural and ordinary course of things, are called in this Code "immediate consequences". The consequences that only result from the connection of a fact with a different event are called "consequences mediates ”. The mediate consequences that cannot be foreseen are called “accidental consequences”. ARTICLE 1728.- Contract predictability. Contracts are liable for the consequences that the parties foresaw or could have foreseen at the time of their celebration. When there is fraud of the debtor, the liability is fixed taking into account these consequences also at the time of default. ARTICLE 1729.- Fact of the damni fi cado. The responsibility can be excluded or limited by the incidence of the fact of the victim in the production of the damage, except that The law or the contract provide that it must be your fault, your fraud, or any other special circumstance. ARTICLE 1730.- Act of God. Overwhelming force. It is considered a fortuitous event or force majeure to the fact that it could not have been foreseen or that, having been foreseen, it could not be avoided. The fortuitous event or force majeure exempts from liability, except as otherwise provided. This Code uses the terms “fortuitous event” and “force majeure” as synonyms. ARTICLE 1731.- Made by a third party. To exempt from liability, in whole or in part, the fact of a third party for whom no liability is due must meet the characteristics of the fortuitous case. ARTICLE 1732.- Impossibility of compliance. The debtor of an obligation is exempt from compliance, and is not responsible, if the obligation has been extinguished by absolute and objective impossibility not attributable to the obligor. The existence of this impossibility must be assessed taking into account the requirements of good faith and the prohibition of the abusive exercise of rights. ARTICLE 1733.- Responsibility for fortuitous event or for impossibility of compliance. Even if the fortuitous event or the impossibility of compliance occurs, the debtor is responsible in the following cases: a) if it has assumed compliance even if a fortuitous event or an impossibility occurs; b) if a legal provision results that it is not released due to an unforeseen event or impossibility of compliance; c) if it is in default, unless it is indifferent to the production of the fortuitous event or the impossibility of compliance; d) if the fortuitous event or the impossibility of compliance arise due to their fault; e) if the fortuitous case and, where appropriate, the impossibility of compliance that results from it, constitute a contingency inherent in the risk of the thing or the activity; f) if you are obliged to return as a consequence of an unlawful act. ARTICLE 1734.- Proof of attribution factors and exemptions. Except legal provision, the burden of proof of attribution factors and circumstances exemptions corresponds to those who allege them. ARTICLE 1735.- Judicial powers. However, the judge may distribute the burden of proof of guilt or of having acted with due diligence, considering which of the parties are in a better position to provide it. If the judge considers it pertinent, during the process he must inform the parties that he will apply this criterion, so allow litigants to offer and produce the elements of conviction they make to their defense. ARTICLE 1736.- Proof of the causal relationship. The burden of proof of the causal relationship corresponds to the person who alleges it, unless the law imputes it or the show off. The burden of proof of another's cause, or of the impossibility of compliance, falls on the one who invokes it. SECTION 4 Compensable damage ARTICLE 1737.- Concept of damage. There is damage when a right or interest not disapproved by the legal system, whose object is the person, the heritage, or a right of collective incidence. ARTICLE 1738.- Indemnification. The compensation includes the loss or decrease of the victim's assets, the loss of profit in the expected economic benefit of according to the objective probability of obtaining it and the loss of chances. It especially includes the consequences of the violation of the very personal rights of the victim of his personal integrity, his psychophysical health, his legitimate spiritual affections and those that result from interference in his life project. ARTICLE 1739.- Requirements. For the origin of the compensation there must be direct or indirect, current or future, true and subsistent damage. The loss of chance is compensable insofar as its contingency is reasonable and maintains an adequate causal relationship with the generating event. ARTICLE 1740.- Full reparation. The repair of the damage must be complete. It consists of the restitution of the situation of the victim to the state prior to the harmful event, either for payment in money or in kind. The victim can opt for the specific refund, unless it is partially or totally impossible, excessively onerous or abusive, in whose case must be fixed in money. In the case of damages derived from the injury of honor, privacy or personal identity, the judge may, at the request of a party, order the publication of the judgment, or its relevant parts, at the expense of the person responsible. ARTICLE 1741.- Compensation for non-patrimonial consequences. The victim is entitled to claim compensation for non-patrimonial consequences direct. If the death or severe disability results from the fact, they also have personal standing, according to the circumstances, the ancestors, the descendants, the spouse and those who lived with him receiving ostensible family treatment. The action is only transmitted to the universal successors of the legitimized if it is filed by the latter. The amount of the compensation must be fixed by weighing the substitute and compensatory satisfactions that the recognized amounts can provide. ARTICLE 1742.- Attenuation of liability. The judge, when fixing the compensation, can mitigate it if it is equitable according to the debtor's assets, the situation victim's personnel and the circumstances of the fact. This power is not applicable in case of intent of the person in charge. ARTICLE 1743.- Advance waiver of responsibility. Clauses that exempt or limit the obligation to indemnify when they affect rights are invalid. Unavailable, violate good faith, good customs or mandatory laws, or are abusive. They are also invalid if they release in advance, in whole or in part, of the damage suffered by fraud of the debtor or of the persons for whom he must respond. ARTICLE 1744.- Proof of damage. The damage must be accredited by the person who invokes it, unless the law imputes or presumes it, or that it emerges well-known from the facts themselves. ARTICLE 1745.- Compensation for death. In the event of death, compensation must consist of: a) the necessary expenses for assistance and subsequent funeral of the victim. The right to repeat them belongs to the person who pays them, even if it is due to a legal obligation; b) what is necessary for the maintenance of the spouse, the partner, the children under twenty-one years of age with alimony, the incapable or capable children restricted, even if they have not been declared judicially; This compensation proceeds even when another person must provide maintenance to the indirect victim; Judge, to fix the reparation, it must take into account the probable life span of the victim, his personal conditions and those of the claimants; c) the loss of chance of future help as a consequence of the death of the children; This right also applies to whoever has custody of the deceased minor. ARTICLE 1746.- Compensation for injuries or physical or mental incapacity. In the event of permanent, physical or mental injury or disability, total or partial, the compensation it must be evaluated by determining a capital, so that its income covers the diminished ability of the victim to carry out productive activities or economically valuable, and that it runs out at the end of the period in which it could reasonably continue to carry out such activities. Medical expenses are presumed, Pharmaceutical and transportation that are reasonable depending on the nature of the injuries or disability. In the event of permanent disability, compensation must be made the damage even if the victim continues to perform a remunerated task. This compensation proceeds even when another person must provide maintenance to the victim. ARTICLE 1747.- Accumulation of moratorium damage. The reimbursement of the moratorium damage is cumulative to that of the compensatory damage or to the value of the benefit and, where appropriate, to the compensatory criminal clause, without prejudice to the judge's reducing powers when that accumulation is abusive. ARTICLE 1748.- Course of interests. The course of interest begins from the time each damage occurs. SECTION 5 Direct liability ARTICLE 1749.- Responsible subjects. It is the direct responsibility of those who breach an obligation or cause unjustified damage by action or omission. ARTICLE 1750.- Damages caused by involuntary acts. The author of a damage caused by an involuntary act responds for reasons of equity. The provisions of article 1742. The act carried out by someone who suffers irresistible force does not generate responsibility for its author, without prejudice to that which corresponds to the person who exercises that force. ARTICLE 1751.- Plurality of responsible parties. If several people participate in the production of damage that has a single cause, the rules of obligations apply solidarity. If the plurality derives from different causes, the rules of the concurrent obligations apply. ARTICLE 1752.- Cover-up. The cover-up responds as soon as his cooperation has caused harm. SECTION 6 Liability for the fact of third parties ARTICLE 1753.- Liability of the principal for the act of the dependent. The principal responds objectively for the damages caused by those under his dependency, or the persons of whom it is used for the fulfillment of its obligations, when the harmful event occurs in exercise or on the occasion of the functions entrusted. The lack of discernment of the dependent does not excuse the principal. The responsibility of the principal is concurrent with that of the dependent. ARTICLE 1754.- Fact of the children. Parents are jointly and severally liable for damage caused by children under their parental responsibility and that live with them, without prejudice to the personal and concurrent responsibility that may fit the children. ARTICLE 1755.- Cessation of parental responsibility. The responsibility of the parents is objective, and ceases if the minor child is placed under the supervision of another person, temporarily or permanently. It does not cease in the case provided for in article 643. The parents are not released, even if the minor child does not live with them, if this circumstance derives from a cause that is attributable to them. Parents are not liable for the damages caused by their children in tasks inherent to the exercise of their profession or subordinate functions entrusted to them by third parties. Nor are they liable for the breach of contractual obligations validly contracted by their children. ARTICLE 1756.- Other persons in charge. Delegates in the exercise of parental responsibility, guardians and curators are responsible as parents for the damage caused by those in charge. However, they are released if they prove that it has been impossible for them to avoid the damage; Such impossibility does not result from the mere circumstance that the event occurred outside its presence. The establishment that is in charge of inmates is responsible for the negligence in the care of those who, temporarily or permanently, have been placed under their surveillance and control. SECTION 7 Responsibility derived from the intervention of things and certain activities ARTICLE 1757.- Fact of risky things and activities. Everyone is liable for damage caused by the risk or vice of things, or activities that are risky or dangerous by their nature, by the means used or by the circumstances of their realization. Responsibility is objective. Administrative authorization for the use of the thing or the performance of the activity, or compliance with the techniques of prevention. ARTICLE 1758.- Responsible subjects. The owner and guardian are concurrently responsible for damage caused by things. A guardian is the person who exercises, by himself or by third parties, the use, direction and control of the thing, or whoever gets a profit from it. The owner and the guardian do not respond if they prove that the thing was used against of your express or presumed will. In the event of a risky or dangerous activity, the person who carries it out, uses it or benefits from it, by himself or by third parties, except as provided by special legislation. ARTICLE 1759.- Damage caused by animals. Damage caused by animals, whatever their species, is included in article 1757. SECTION 8 Collective and anonymous responsibility ARTICLE 1760.- Thing suspended or thrown. If something falls from a part of a building, or if it is thrown, the owners and occupants of said part respond jointly and severally for the damage it causes. Only those who demonstrate that they did not participate in its production are released. ARTICLE 1761.- Anonymous author. If the damage comes from an unidentified member of a certain group, all its members respond jointly and severally, except that that shows that it has not contributed to its production. ARTICLE 1762.- Dangerous activity of a group. If a group carries out a dangerous activity for third parties, all its members respond jointly for the damage caused by one or more of its members. Only those who demonstrate that they were not part of the group are released. SECTION 9 Special cases of responsibility ARTICLE 1763.- Responsibility of the legal person. The legal entity is liable for the damages caused by those who direct or administer them in exercise or on occasion of its functions. ARTICLE 1764.- Inapplicability of norms. The provisions of Chapter 1 of this Title are not applicable to the responsibility of the State in a direct or subsidiary way. ARTICLE 1765.- Responsibility of the State. The responsibility of the State is governed by the rules and principles of national or local administrative law as appropriate. ARTICLE 1766.- Responsibility of the official and the public employee. The facts and omissions of public officials in the exercise of their functions for not to fulfill, but in an irregular manner, the legal obligations that are imposed on them are governed by the rules and principles of national or local administrative law, according it corresponds. ARTICLE 1767.- Responsibility of educational establishments. The owner of an educational establishment is liable for the damage caused or suffered by his students minors when they are or should be under the control of the school authority. The responsibility is objective and is exempted only with the proof of the fortuitous case. The educational establishment must contract a civil liability insurance, in accordance with the requirements established by the authority in insurance matters. This rule does not apply to higher education or university establishments. ARTICLE 1768.- Liberal professionals. The activity of the liberal professional is subject to the rules of the obligations to do. Responsibility is subjective, except that a specific result has been compromised. When the obligation to do is provided with things, the responsibility is not included in Section 7a of this Chapter, unless they cause damage derived from their vice. The activity of the liberal professional is not included in the responsibility for risky activities foreseen in the article 1757. ARTICLE 1769.- Traffic accidents. The articles referring to the liability derived from the intervention of things apply to the damages caused by the circulation vehicular. ARTICLE 1770.- Protection of private life. He who arbitrarily meddles in the lives of others and publishes portraits, spreads correspondence, mortifies others in his customs or feelings, or in any way disturbs your privacy, you must be forced to stop such activities, if they did not stop before, and to pay compensation that the judge must appoint, according to the circumstances. In addition, at the request of the victim, the publication of the sentence can be ordered in a local newspaper or newspaper, if this measure is appropriate for a proper repair. ARTICLE 1771.- Slanderous accusation. In the damages caused by a slanderous accusation, only one responds for intent or serious fault. The complainant or plaintiff responds for the damages derived from the falsification of the complaint or the complaint if it is proved that he had no justifiable reasons to believe that the victim was involved. SECTION 10 Exercise of liability actions ARTICLE 1772.- Damage caused to things or goods. Entitled subjects. The repair of the impairment to a good or a thing can be claimed by: a) the holder of a real right over the thing or good; b) the holder and the holder in good faith of the thing or good. ARTICLE 1773.- Action against the direct and indirect responsible. The legitimated has the right to file their action, jointly or separately, against the person directly responsible and the indirect. SECTION 11 Civil and criminal actions ARTICLE 1774.- Independence. Civil action and criminal action resulting from the same fact can be exercised independently. In cases where the fact harmful at the same time as a crime of criminal law, civil action may be brought before criminal judges, in accordance with the provisions of the codes procedural or special laws. ARTICLE 1775.- Suspension of the issuance of the civil judgment. If the criminal action precedes the civil action, or is attempted during its course, the issuance of the final sentence must be suspended in the civil process until the conclusion of the criminal process, with the exception of the following cases: a) if there are grounds for termination of the criminal action; b) if the delay of the criminal procedure causes, in fact, an effective frustration of the right to be compensated; c) if the civil action for compensation for damage is based on an objective factor of liability. ARTICLE 1776.- Criminal conviction. The criminal conviction produces effects of res judicata in the civil process regarding the existence of the main fact that constitutes the crime and the guilt of the convicted person. ARTICLE 1777.- Non-existence of the act, authorship, crime or criminal responsibility. If the criminal sentence decides that the act did not exist or that the accused as person responsible did not participate, these circumstances cannot be discussed in the civil process. If the criminal sentence decides that an act does not constitute a criminal offense or that it does not compromise the agent's criminal responsibility, in civil proceedings it can be freely discussed the same fact as a generator of civil liability. ARTICLE 1778.- Absolutory excuses. Criminal acquittals do not affect civil action, except as otherwise expressly provided by law. ARTICLE 1779.- Impediment to repair the damage. They prevent the repair of damage: a) proof of the truth of the reputed slanderous fact; b) in crimes against life, having been a co-author or an accomplice, or not having prevented the act and being able to do so. ARTICLE 1780.- Subsequent criminal sentence. The criminal sentence subsequent to the civil sentence has no effect on it, except in the case of revision. The revision proceeds exclusively, and at the request of an interested party, in the following cases: a) if the civil judgment assigns scope of res judicata to issues resolved by the criminal judgment and it is reviewed with respect to those issues, unless it derives from a change in legislation; b) in the case provided for in article 1775, subparagraph c), if the person who was found responsible in the civil action is acquitted in the criminal trial for non-existence of the fact that founds the civil conviction, or for not being its author; c) other cases provided by law. EPISODE 2 Business management ARTICLE 1781.- Definition. There is business management when a person takes over the management of another's business for a reasonable reason, without the intention of do a liberality and without being authorized or obligated, conventionally or legally. ARTICLE 1782.- Obligations of the manager. The manager is obliged to: a) promptly notify the business owner who took over the management, and await their response, provided that waiting for it is not harmful; b) act in accordance with the convenience and the intention, real or presumed, of the business owner; c) continue management until the business owner has the possibility to assume it for himself or, where appropriate, until it is concluded; D) provide adequate information regarding business management owner; e) once the management is completed, render accounts to the business owner. ARTICLE 1783.- Conclusion of the management. Management concludes: a) when the owner prohibits the manager to continue acting. The manager, however, may continue it, at his own risk, to the extent that he does so for an interest own; b) when the business ends. ARTICLE 1784.- Obligation towards third parties. The manager is personally liable to third parties. It is only released if the business owner ratifies his management, or assumes his obligations; and provided that this does not affect third parties in good faith. ARTICLE 1785.- Usefully conducted management. If management is usefully conducted, the business owner is liable to the manager, although the advantage that should result has not occurred, or has ceased: a) to reimburse the value of necessary and useful expenses, with legal interests from the day they were made; b) to release him from the personal obligations that he has contracted because of the management; c) to repair the damages that, for reasons beyond its responsibility, it has suffered in the exercise of management; d) to remunerate him, if the management corresponds to the exercise of his professional activity, or if it is equitable in the circumstances of the case. ARTICLE 1786.- Responsibility of the manager for fault. The manager is responsible to the business owner for the damage caused by his fault. Your diligence is appreciates with specific reference to their performance in their own affairs; are guidelines to consider, among others, if it is an urgent management, if it tries to free the owner of the business to a detriment, and if it acts for reasons of friendship or affection. ARTICLE 1787.- Responsibility of the manager for fortuitous event. The manager is responsible to the business owner, even for damage resulting from an unforeseen event, except in how much the management has been useful to him: a) if he acts against his express will; b) if he undertakes risky activities, unrelated to the usual business owner; c) if you postpone the interest of the business owner against yours; d) if he does not have the necessary skills for the business, or his intervention prevents that of another more suitable person. ARTICLE 1788.- Joint and several liability. They are jointly responsible: a) the managers who jointly assume the foreign business; b) the various business owners, in front of the manager. ARTICLE 1789.- Rati fi cation. The business owner is liable to third parties for the acts carried out on his behalf, if he ratifies the management, if he assumes the obligations of the manager or if the management is usefully conducted. ARTICLE 1790.- Application of the rules of the mandate. The mandate rules are applied supplementally to business management. If the business owner ratifies the management, even if the manager believes to do his own business, the effects of the mandate occur, between parties and with respect to third parties, from the day where it started. CHAPTER 3 Useful employment ARTICLE 1791.- Characterization. Who, without being a business manager or agent, makes an expense, in total or partially foreign interest, has the right to be reimbursed its value, as soon as it has been useful, even if later it ends. The reimbursement includes interest, from the date the expense is made. ARTICLE 1792.- Funeral expenses. Funeral expenses are included in article 1791 that have a reasonable relation with the circumstances of the person and the uses of the place. ARTICLE 1793.- Obliged to reimbursement. The creditor has the right to demand repayment: a) who receives the utility; b) the heirs of the deceased, in the case of funeral expenses; c) to the third party purchaser free of charge of the asset that receives the utility, but only up to the value of it at the time of acquisition. CHAPTER 4 Enrichment without cause SECTION 1 General disposition ARTICLE 1794.- Characterization. Any person who without a legal cause becomes rich at the expense of another, is obliged, to the extent of his benefit, to compensate the patrimonial detriment of the impoverished. If the enrichment consists of the incorporation into your patrimony of a certain asset, you must restitute it if it remains in your possession at the time of the demand. ARTICLE 1795.- Inadmissibility of the action. The action is not appropriate if the legal system grants the victim another action to obtain the reparation of the impoverishment suffered. SECTION 2 Improper payment ARTICLE 1796.- Cases. Payment is repeatable, if: a) the cause of duty does not exist, or does not subsist, because there is no valid obligation; that cause ceases to exist; or is done in consideration of a future cause, which is not going to produce; b) who pays is not obligated, or is not within the scope in which he pays, unless he does so as a third party; c) the payment is received by the non-creditor, unless it is delivered as liberality; d) the cause of payment is unlawful or immoral; e) payment is obtained by illegal means. ARTICLE 1797.- Irrelevance of the error. The repetition of the payment is not subject to having been made in error. ARTICLE 1798.- Reach scope. The repetition forces to return the received, according to the rules of the obligations to give to return. ARTICLE 1799.- Special situations. In particular: a) the restitution in charge of an incapable person or with restricted capacity cannot exceed the profit that has been obtained; b) in the case of subsection b) of article 1796, restitution does not proceed if the creditor, in good faith, deprives himself of his title, or renounces the guarantees; who makes the payment has legal subrogation in the rights of the former; c) in the case of subsection d) of article 1796, the party that does not act awkwardly has the right to restitution; if both parties act awkwardly, the credit has the same destiny than vacant inheritances. CHAPTER 5 Unilateral declaration of will SECTION 1 General disposition ARTICLE 1800.- General rule. The unilateral declaration of will causes a legally enforceable obligation in the cases provided by law or by uses and custom. The rules relating to contracts apply to it subsidiarily. ARTICLE 1801.- Recognition and promise of payment. The promise to pay an obligation made unilaterally assumes the existence of a valid source, unless proven otherwise. Article 733 applies for recognition. ARTICLE 1802.- Letters of credit. The obligations that result for the issuer or confirmer of the letters of credit issued by banks or other authorized entities are unilateral declarations of will. In these cases any particular kind of instrument can be used. SECTION 2 Public promise of reward ARTICLE 1803.- Obligation. The one that by means of public announcements promises to reward, with a pecuniary benefit or a distinction, whoever performs a certain act, meets certain requirements or is in a certain situation, is bound by that promise from the moment it becomes known to the public. ARTICLE 1804.- Express or tacit term. The promise made without term, express or tacit, expires within six months of the last act of publicity, if no one communicates to the promisor the occurrence of the event or the expected situation. ARTICLE 1805.- Revocation. The promise without deadline can be retracted at all times by the promisor. If it has a term, it can only be revoked before expiration, with just cause. In both cases, the revocation takes effect since it is made public by an advertising medium identical or equivalent to that used for the promise. It is unenforceable to the person who has carried out the act or verified the situation foreseen before the first act of publicity of the revocation. ARTICLE 1806.- Attribution of the reward. Cooperation of several people. If several people separately prove compliance with the fact, the requirements or the situation foreseen in the promise, the reward corresponds to the one who has first communicated it to the promisor in a reliable manner. If the notification is simultaneous, the promisor must distribute the reward in equal parts; If the benefit is indivisible, it must be attributed by lottery. If several people contribute to the same result, what the taxpayers have agreed and made known to the promisor is applied by reliable means. In the absence of notification of unanimous agreement, the promisor delivers what is promised in equal parts to all and, if indivisible, attributes it by lottery; without prejudice to actions among taxpayers, those that in all cases are settled by friendly compilers. SECTION 3 Public contest ARTICLE 1807.- Public contest. The promise of reward to the winner of a contest, requires for its validity that the respective announcement contains the term of presentation of interested parties and completion of planned work. The opinion of the jury designated in the announcements obligates the interested parties. In the absence of designation, it is understood that the award is reserved to the promisor. The promisor cannot demand the transfer of the pecuniary rights on the awarded work if that transmission was not foreseen in the contest rules. ARTICLE 1808.- Recipients. The promise referred to in article 1807 can be made with respect to any person or persons determined by certain qualities which must be clearly announced. No calls may be made that make arbitrary differences by race, sex, religion, ideology, nationality, political opinion or union, economic or social position, or based on other illegal discrimination. ARTICLE 1809.- Decision of the jury. The jury's opinion obliges the interested parties. If the jury decides that all or several of the contestants have the same merit, the Prize is distributed in equal parts among those designated. If the prize is indivisible, it is awarded by lottery. The jury can declare any of the prizes void calls to contest. SECTION 4 Unilateral guarantees ARTICLE 1810.- Unilateral guarantees. They constitute a unilateral declaration of will and are governed by the provisions of this Chapter, the so-called “guarantees of compliance at first demand ”,“ at first request ”and those in which it is established in any other way that the issuer guarantees compliance with the obligations of another and is obliged to pay them, or to pay a sum of money or other specific benefit, regardless of the exceptions or defenses that the payer may have, even if it maintains the right of repetition against the beneficiary, the payer or both. The payment empowers the promotion of the corresponding recursive actions. In the event of manifest fraud or abuse of the beneficiary arising from instrumental evidence or another of easy and rapid examination, the guarantor or the ordering party may require that the judge set an adequate bond that the beneficiary must meet before collection. ARTICLE 1811.- Subjects. They can issue this kind of guarantees: a) public persons; b) private legal entities in which their partners, founders or members do not respond unlimitedly; c) in any case, financial institutions and insurance companies, and importers and exporters for foreign trade operations, whether or not they are a direct party to they. ARTICLE 1812.- Form. The guarantees provided for in this Section must appear in a public or private instrument. If they are granted by financial entities or insurance companies, they can also be assumed in any particular type of instrument. ARTICLE 1813.- Assignment of guarantee. The rights of the beneficiary arising from the guarantee cannot be transferred separately from the contract or relationship with which the guarantee is functionally linked, before the breach occurs or the term that enables the claim against the issuer, unless otherwise agreed. Once the event has occurred or the term that enables this claim has expired, the rights of the beneficiary may be assigned independently of any other relationship. Without to the detriment of this, the assignee is linked to any repetition actions that may correspond against the beneficiary according to the guarantee. ARTICLE 1814.- Irrevocability. The unilateral guarantee is irrevocable unless it is provided in the act of its creation that it is revocable. CHAPTER 6 Securities SECTION 1 General disposition ARTICLE 1815.- Concept. The securities incorporate an unconditional and irrevocable obligation of a benefit and grant each holder an autonomous right, subject to the provisions of article 1816. When mention is made in this Code of recordable goods or movable items, the securities are not understood. ARTICLE 1816.- Autonomy. The bearer in good faith of a security that acquires it in accordance with its traffic law, has an autonomous right, and they are unenforceable the personal defenses that may exist against previous carriers. For the purposes of this article, the bearer is in bad faith if when acquiring the title he knowingly proceeds to the detriment of the defendant. ARTICLE 1817.- Liberatory payment. The debtor who pays the bearer of the security in accordance with its circulation law is released, except that at the time of payment, have evidence to show the bad faith of the one who requires it. However, if the debtor does not receive the security, the provisions of article 1819 apply. ARTICLE 1818.- Accessories. The transfer of a security includes the accessories that are inherent to the provision incorporated therein. ARTICLE 1819.- Ownership. Whoever acquires a security title for consideration, without serious fault and in accordance with its traffic law, is not obliged to discard the title value and, where appropriate, is not subject to claim or repetition of what is charged. ARTICLE 1820.- Freedom of creation. Anyone can create and issue securities in the types and conditions that they choose. This faculty includes the denomination of the type or class of title, its form of circulation in accordance with the general laws, its guarantees, redemptions, terms, its quality of convertible or not in another class of title, rights of third parties and other regulations that make the configuration of the rights of interested parties, which must be clearly expressed and not be confused with the type, denomination and conditions of the securities specially provided for in current legislation. Abstract securities, not regulated by law, can only be issued when destined for public offerings, in compliance with the requirements of the specific legislation; and also when the issuers are financial, insurance or financial fiduciary entities registered with the securities market controller. ARTICLE 1821.- opposable defenses. The debtor can only oppose the holder of the security title the following defenses: a) the personal that it has with respect to it, except in the case of transfers in procurement, or fiduciary with similar purpose; b) those that derive from the literal tenor of the title or, where appropriate, from the tenor of the document registered in accordance with article 1850; c) those that are based on the falsity of their signature or on a defect in capacity or representation at the time their obligation is established, except that the signature or the mandatory declaration is consented or assumed as its own or that the performance of the representative is ratified; d) those derived from the lack of legitimacy of the bearer; e) the alteration of the text of the title or, where appropriate, of the text inscribed according to article 1850; f) those of prescription or expiration; g) those based on the cancellation of the security or the suspension of its payment ordered in accordance with the provisions of this Chapter; h) those of a procedural nature established by the respective laws. ARTICLE 1822.- Precautionary measures. The precautionary measures, kidnapping, liens and any other affectation of the right conferred by the security, have no effect. if not carried out: a) in bearer, order or endorsable securities, on the same document; b) in the non-endorsable nominative titles, and in the non-endorsed ones, by their inscription in the respective registry; c) when a security has been admitted to a stock exchange or to an authorized clearing house or clearinghouse, the measure must be notified to the entity pertinent, which must register it in accordance with its regulations. ARTICLE 1823.- False signatures and other assumptions. Although for any reason the title security contains false signatures, or of non-existent or non-obligated persons By signing, the obligations of the other subscribers are valid, and the provisions of article 1819 apply. ARTICLE 1824.- Breach of the conjugal assent. Failure to comply with the requirement provided in article 470, subsection b) in the non-endorsable or non-endorsable titles cartular, is not opposable to third-party carriers in good faith. For the purpose provided for in this article, the acquirer of a security incorporated in the public offering regime. ARTICLE 1825.- Non-existent or insufficient representation. Whoever invokes a non-existent representation or acts without sufficient powers, is personally responsible as if acting on his own behalf. The same responsibility is held by those who falsify the signature incorporated into a security. ARTICLE 1826.- Responsibility. Except for legal provision or express clause in the security title or in one of its acts of transmission or guarantee, they are jointly and severally the creators of the security are obliged to pay, but not the other participants. The obligations resulting from a security can be guaranteed by all the guarantees that are compatible. The guarantees granted in the text of the document or that arise from the inscription of article 1850, are invoked by all the holders and, if there is no express provision to the contrary, they are considered in solidarity with those of the others forced. ARTICLE 1827.- Novation. Except for novation, the creation or transfer of a security does not harm the actions derived from the causal or underlying business. The Porter can only exercise the causal action against the required debtor if the security is not damaged, and offers its restitution if the security is cartular. If the bearer has lost the shares emerging from the security and has no causal action, the provisions on enrichment without cause apply. ARTICLE 1828.- Representative titles of merchandise. The representative titles of merchandise attribute to the legitimate bearer the right to the delivery of the thing, its possession and the power to dispose of it through the transfer of title. ARTICLE 1829.- Quota shares of mutual funds. Securities are shares of mutual funds. SECTION 2 Cardboard securities ARTICLE 1830.- Need. Cardboard securities are necessary for the creation, transmission, modification and exercise of the incorporated right. ARTICLE 1831.- Literality. The literal tenor of the document determines the scope and modalities of the rights and obligations set forth in it, or in its extension. ARTICLE 1832.- Alterations. In the event of alteration of the text of a title card value, subsequent signatories are bound by the terms of the altered text; the Previous signatories are bound in the terms of the original text. If it does not result from the security or it is not shown that the signature was put after the alteration, it is presumed that it was put before. ARTICLE 1833.- Requirements. Minimum content. When by law or by disposition of the creator, the value title must include a particular content with essential character, not it takes effect when it does not contain these statements. The value title in which the mentioned mentions are omitted at the time of their creation, can be completed until the date in which the provision must be fulfilled, except provision to the contrary. ARTICLE 1834.- Subsidiary application. The rules of this Section: a) they are applied in subsidy of the specials that apply to certain securities; b) They do not apply when special laws so provide, even insofar as they refer to the obligation of some form of creation or circulation of securities. or classes of them. ARTICLE 1835.- Improper titles and documents of legitimation. The provisions of this Chapter do not apply to documents, tickets, passwords, tokens or other vouchers that serve exclusively to identify who has the right to demand the provision that is expressed in them or to which they give rise, or to allow the transfer of the law without the observance of the proper forms of the transfer. ARTICLE 1836.- Dematerialization and entry into account entry systems. Securities legally typified as principal can also be issued as non-cartular, for entry and circulation in a stock exchange or an authorized system of bank compensation or book entries. The securities actually issued as cards can be entered into any of these systems, in accordance with their regulations, from which time the transfers, real or personal liens and payment take effect or are fulfilled by the relevant account entries. 1st paragraph Bearer securities ARTICLE 1837.- Concept. It is a bearer security, even if it does not have an express clause in that sense, one that has not been issued in favor of a specific subject, or another indicated way a different traffic law. The transfer of a security to the bearer occurs in the tradition of the security. 2nd paragraph Securities to order ARTICLE 1838.- Typification. The value created to order is the one created in favor of a specific person. Without the need for a special indication, the title value to the order is transferred by endorsement. If the creator of the security title incorporates the clause “not to order” or equivalent, the transfer of the security must be done in accordance with the rules of the transfer of rights, and has the effects of the assignment. ARTICLE 1839.- Endorsement. The endorsement must appear on the title or on an extension sheet duly attached and identi fi ed and signed by the endorser. Is valid on endorsement even without mention of the endorser, or with the indication “to the bearer”. The bearer endorsement has the effects of a blank endorsement. The endorsement can be made to the creator of the security or to any other obligor, who can endorse again the title value. ARTICLE 1840.- Condition and partial endorsement. Any condition attached to the endorsement is deemed not to be written. The partial endorsement is void. ARTICLE 1841.- Endorsement time. The endorsement can be made at any time before expiration. The undated endorsement is presumed made before expiration. The endorsement after maturity produces the effects of a transfer of rights. ARTICLE 1842.- Legitimation. The bearer of a title to order is legitimized to exercise the right incorporated therein, by an uninterrupted series of endorsements formally valid, even if the last one is blank. ARTICLE 1843.- Endorsement in white. If the title is endorsed in white, the bearer can fill the endorsement with his name or with that of another person, or endorse the title, or transmit it to a third party without filling the endorsement or without extending a new one. ARTICLE 1844.- Endorsement in procurement. If the endorsement contains the clause “en procuración” or another similar one, the endorser can exercise, even judicially, all the rights inherent to the security, but can only endorse it in procurement. Obliged parties can only oppose the endorser in procurement the exceptions that may be opposed to the endorser. The effectiveness of the endorsement in procurement does not cease due to death or supervening incapacity of the endorser. ARTICLE 1845.- Endorsement in guarantee. If the endorsement contains the clause "pledge value" or another similar one, the endorser can exercise, even judicially, all the rights inherent in the security, but the endorsement made by it is worth as an endorsement in procurement. The defendant debtor cannot invoke against the carrier the exceptions based on his relations with the endorser, unless the carrier upon receiving the title has knowingly done to the detriment of that one. ARTICLE 1846.- Responsibility. Except for an express clause, the endorser is responsible for the fulfillment of the incorporated obligation. In any case, the endorser can totally or partially exclude his responsibility by means of an express clause. 3rd paragraph Endorsable registered securities ARTICLE 1847.- Regime. An endorsable nominative title is the one issued in favor of a specific person, which is transferable by endorsement and whose transmission produces effects with respect to the issuer and third parties when registering in the respective registry. The endorser who justifies his right by an uninterrupted series of endorsements is entitled to request the registration of his title. If the issuer of the title refuses to record the transmission, the endorser can claim the corresponding court order. ARTICLE 1848.- Applicable rules. The compatible provisions of the securities to order are applicable to endorsable registered securities. 4th paragraph Non-endorsable registered securities ARTICLE 1849.- Regime. A non-endorsable nominal value is the one issued in favor of a specific person, and whose transmission produces effects with respect to the issuer and third parties when registering in the respective registry. SECTION 3 Non-cardboard securities ARTICLE 1850.- Regime. When by legal provision or when an express declaration of will to be bound unconditional and irrevocable, although the benefit is not incorporated into a document, the autonomous circulation of the right may be established, subject to the provisions of the article 1820. The transmission or constitution of real rights over the security, liens, kidnappings, precautionary measures and any other affectation of the rights conferred for the security must be made through entries in special registers that must be kept by the issuer or, on behalf of the latter, a stock exchange, a financial entity authorized or a notary public of registry, moment from which the affectation produces effects in front of third parties. For the purposes of determining the scope of the emerging rights of the security thus created, the instrument of creation must be followed, which must have a certain date. If the title value is admitted to the public offer, its registration with the controlling authority and in the exchanges or markets in which it is traded is sufficient. The provisions of articles 1816 and 1819 apply with respect to the third party acquiring the security. ARTICLE 1851.- Proof of balances. The entity that maintains the registry must issue proof of account balances, for the purposes of: a) legitimize the holder to claim judicially, including by means of executive action if applicable, or before arbitration jurisdiction where appropriate, submit requests for verification credit or participate in universal processes for which the voucher is sufficient title, without the need for authentication or other requirement. Your expedition imports the blocking of the respective account, only to register acts of disposition by its owner, for a period of thirty days, unless the owner returns the receipt or within Said period is received an order to extend the blockade of the judge or arbitral tribunal before which the receipt was asserted. The vouchers must mention these circumstances; b) attend assemblies or other events related to the securities regime. The issuance of vouchers of the account balance for the attendance to assemblies or the Exercise of voting rights means the blocking of the respective account until the day following the date fixed for the holding of the corresponding assembly. If the assembly move to intermediate room or meet at another time, the issuance of new vouchers is required but these can only be issued in their name people who were legitimized by issuing the original vouchers; c) the purposes deemed necessary by the owner to his order. In the cases of subsections a) and b) a voucher cannot be issued while another issued for the same purpose is in force. Vouchers of the securities represented in global certificates can be issued in favor of the people who have a participation in them, to the effects and with the scope indicated in subsection a). The blocking of the account only affects the securities to which the voucher refers. The vouchers are issued by the entity in the country or abroad that administers the collective deposit system in which the global certificates are registered. When managing entities of collective deposit systems have participations in global certificates registered in collective deposit systems administered by another entity, the vouchers they can be issued directly by the former. In all cases, the expenses are borne by the applicant. SECTION 4 Deterioration, theft, loss and destruction of securities or their records 1st paragraph Common rules for securities ARTICLE 1852.- Scope of application. Jurisdiction. The provisions of this Section apply in the event of theft, loss or destruction of securities. incorporated into representative documents, as long as there are no special rules for certain types of them. The procedure is carried out in the jurisdiction of the domicile of the creator, in serial securities; or in the place of payment, in individual securities. The expenses are borne by the applicant. The cancellation of the security does not prejudice the rights of those who do not make opposition with respect to the one who obtains the cancellation. In the cases in which the sentence ordering the cancellation is final, the judge may demand that the applicant provide security in protection of the rights of the acquirer. of the security canceled, for a term not exceeding two years. ARTICLE 1853.- Replacement due to deterioration. The holder of an impaired, but identifiable security, has the right to obtain a duplicate from the issuer if he returns the original and reimburse the expenses. The signatories of the original security are obliged to reproduce their signature on the duplicate. ARTICLE 1854.- Obligations of third parties. If the securities implemented obligations of other people, in addition to those of the issuer, they must reproduce them in the new Titles. Likewise, a notarial proof of correlation must be made. When third parties object to instrumentally reproduce their obligations, the judge must resolve by the shortest contradictory procedure provided by local law, without prejudice to the granting of provisional or definitive securities, when appropriate. 2nd paragraph Rules applicable to serial securities ARTICLE 1855.- Denunciation. In the cases provided for in article 1852, the owner or legitimate carrier must report the fact to the issuer by public deed or, in the case of of titles offered publicly, by a con fi rmed note certi fi ed by a notary or personally presented before the public control authority, an entity in which they are negotiated the securities or the Central Bank of the Argentine Republic, if it is the issuer. It must accompany a sufficient sum, at the issuer's discretion, to satisfy the expenses of publication and correspondence. The complaint must contain: a) the individualization of the securities, indicating, where appropriate, denomination, nominal value, series and numbering; b) the manner in which he acquired title, possession or possession of the titles and the time and, if possible, the date of the respective acts; c) date, form and place of receipt of the last dividend, interest, amortization fee or exercise of the emerging rights of the title; d) statement of the circumstances that caused the loss, theft or destruction. If the destruction is partial, you must display the remains of the securities in your power; e) constitution of a special domicile in the jurisdiction where the issuer has its headquarters or, where appropriate, in the place of payment. ARTICLE 1856.- Suspension of effects. The issuer must immediately suspend the effects of the securities with respect to third parties, under the responsibility of the petitioner, and provide the complainant with proof of his presentation and of the suspension ordered. In the case of publicly offered securities, the entity to whom the complaint is filed must have the same suspension. ARTICLE 1857.- Publication. The issuer must publish in the Official Gazette and in one of the newspapers with the largest circulation in the Republic, for one day, a notice that must contain the name, identity document and special address of the complainant, as well as the data necessary for the identification of the securities included, and include the type, numbering, nominal value and current coupon of the titles, if applicable, and the summons to those who are created with the right to deduct opposition, within sixty days. The publications must be completed by the issuer within the business day following the filing of the complaint. ARTICLE 1858.- Titles with public quotation. When the securities are publicly listed, in addition to the publications mentioned in article 1857, the issuer or the entity that receives the complaint, is obliged to communicate it to the entity where they are closest to their address and, where appropriate, to the issuer on the same day of receipt. The entity must make the complaint known, within the same period, to the supervisory body of the securities markets, to the securities banks, and to the other entities expressly authorized by special law or the enforcement authority in which the securities are listed. The entities expressly authorized by the special law or the enforcement authority in which the securities are traded, must publish a notice in their informative body or to make it known by other appropriate means, within the same day of receiving the complaint or the pertinent communication. The entities expressly authorized by the special law or the enforcement authority must keep a register for consultation of the interested parties, with the list of titles values ​​that have been denounced. ARTICLE 1859.- Interested parties. The complainant must indicate, where appropriate, the name and address of the person by whom he owns or by whom he holds the title value, as well as the case of the usufructuaries and that of the pledgee creditors of that one. The issuer must quote by reliable means the persons indicated by the whistleblower or those that appear with such qualities in the respective registry, in the reported or registered addresses, for the purposes of article 1857. The absence of complaint or summons does not invalidate the procedure, without prejudice to the consequent responsibilities. ARTICLE 1860.- Observations. The issuer must express to the complainant within ten days the observations it has on the content of the complaint or its verisimilitude. ARTICLE 1861.- Provisional certificate. Sixty days after the last publication indicated in article 1857, the issuer must issue a provisional certi fi cate not negotiable, unless one of the following circumstances occurs: a) that in its opinion the observations indicated have not been corrected; b) that one or more contradictors have been presented within the term; c) there is a judicial order to the contrary; d) that the provisions of articles 1866 and 1867 have been applied. ARTICLE 1862.- Denial. Actions. Once the issuance of the provisional certificate has been denied, the issuer must notify the complainant by reliable means. This has The action is expedited before the judge of the issuer's domicile so that the certificate may be issued to him or by claim or, in the case of subsection d) of article 1861, for the damages correspond. ARTICLE 1863.- Deposit or delivery of benefits. The monetary benefits corresponding to the provisional certificate must be deposited by the issuer, at his maturity, at the official bank of your domicile. The complainant may indicate, at each opportunity, the investment modality of their convenience, among those offered by the official bank. Failing that, the issuer determines it among the currents in the market, without liability. At the request of the whistleblower and after constitution of sufficient guarantee, in the judgment of the issuer, the latter may hand over the monetary claims upon maturity, or later disaffecting them from the deposit, in agreement with the petitioner. The guarantee is maintained, under the responsibility of the issuer, for the period provided in article 1865, except court order to the contrary. If there is no agreement on the sufficiency of the guarantee, the judge with jurisdiction at the issuer's domicile decides, by the shortest procedure provided by law. local. ARTICLE 1864.- Exercise of non-monetary content rights. If the value title grants non-monetary content rights, without prejudice to the compliance of the others established procedures, the judge can authorize, under the bond he deems appropriate, the exercise of these rights and the receipt of the relevant benefits. Regarding monetary benefits, the common rules of this Section apply. ARTICLE 1865.- Titles definitive values. One year after the delivery of the provisional certificate, the issuer must exchange it for a new final title, to all legal effects, upon cancellation of the original, unless there is a court order to the contrary. The right to request conversion of canceled securities is suspended while the provisional certificate is in force. ARTICLE 1866.- Presentation of the carrier. If, within the period established in article 1865, a third party appears with the title value in his possession, acquired pursuant to its circulation law, the issuer must immediately notify the complainant reliably. The effects provided by article 1865, as well as those of article 1863, second and third paragraphs, are suspended from the presentation until the competent judge rules. The complainant must initiate legal action within the two months from notification by the issuer; otherwise, your right regarding the security expires. ARTICLE 1867.- Acquirer in the stock market or box. The third bearer who has acquired the security without serious fault, who opposes within the term of article 1865 and certify that, prior to the first publication of article 1857 or the publication by the information body or other appropriate means in the entity expressly authorized by the special law or the enforcement authority in which the securities are listed, whichever comes first, acquired the security in an entity thus authorized, even When it has been delivered after the publications or communications, you can directly claim from the issuer: a) lifting the suspension of the effects of the securities; b) the cancellation of the provisional certificate that has been delivered to the complainant; c) the delivery of the credits that have been deposited in accordance with article 1863. The acquisition or possession in the indicated cases prevents the exercise of the claim action by the complainant, and leaves the action for damages against those who, due to their intent or fault, have made possible or contributed to the loss of their right. ARTICLE 1868.- Rejection of opposition. Any opposition raised against a stock market regarding the title received from in good faith, whose collective deposit has been perfected before receiving said box the communication of the complaint provided for in article 1855, and at the latest or in the absence of that communication, until the publication of the notice established in article 1857. This, without prejudice to the rights of the opponent on the share of securities of equal species, class and issuer that corresponds to the responsible principal. Any opposition raised against an authorized depositor must also be dismissed without further process, regarding the security received in good faith to enter it in collective deposit in a stock exchange before the publications provided for in articles 1855, 1857 and 1858, without prejudice to the rights of the opponent mentioned in the previous paragraph. In the event of total or partial destruction of a deposited security, the securities bank is obliged to comply with the provisions of this Section. ARTICLE 1869.- Non-endorsable registered securities. If it is a non-endorsable nominal value security, given the conditions provided in article 1861, the The issuer must directly issue a new de fi nitive security in the name of the registered owner and record the existing liens. In the case, it does not correspond the application of articles 1864 and 1865. ARTICLE 1870.- Separable coupons. The procedure includes the separable coupons linked to the security, as long as its period of use when the first publication is made. The separable coupons in use period, must be submitted to the corresponding procedure according to its law of circulation. 3rd paragraph Rules applicable to individual securities ARTICLE 1871.- Complaint. The last bearer must judicially denounce the fact, and request the cancellation of the securities. The demand must contain: a) the precise individualization of the securities whose dispossession is denounced; b) the circumstances in which the security was acquired by the complainant, specifying the date or time of its acquisition; c) the indication of the benefits received by the complainant, and those pending receipt, accrued or not; d) the circumstances that caused the loss, theft or destruction. In all cases, the applicant can perform conservative acts of his rights. ARTICLE 1872.- Noti fi cation. Once the presentation referred to in article 1871 has been made, and if the data provided is in principle credible, the judge must order the notification of the theft, loss or destruction to the creator of the security and the other signatories required to pay, ordering its cancellation and authorizing the payment of the benefits payable after thirty days from the publication provided for in the following article, if no opposition is deducted. ARTICLE 1873.- Publication. Previous payment. The judicial resolution provided for in article 1872 must also order the publication of an edict for one day in the Bulletin Official and in one of the newspapers with the largest circulation in the place of the procedure, which must contain: a) the information of the complainant and the identification of the security title whose dispossession was denounced; b) the summons for the interested parties to deduce opposition to the procedure, which must be formulated within thirty days of publication. The payment made before publication is liberatory if it is made without intent or fault. ARTICLE 1874.- Duplicate. Compliance. After thirty days without opposition, the applicant has the right to obtain a duplicate of the security, if the benefit is not required; or to claim the fulfillment of the required provision, with the testimony of the final judgment of cancellation. The applicant has the same right when the opposition is dismissed. ARTICLE 1875.- Opposition. The opposition processes by the shortest procedure provided for in local law. The opponent must deposit the security title before the intervening judge when deducting the opposition, which must be returned to him if he is admitted. If rejected, the security title must deliver to the person who obtained the cancellation judgment. 4th paragraph Theft, loss or destruction of log books ARTICLE 1876.- Denunciation. In the case of nominal securities or non-card securities, including those entered into account entry systems according to the Article 1836, the removal, loss or destruction of the respective record book, even when carried by computers, mechanical or magnetic means or others, must be denounced by the issuer or by whoever carries it on their behalf, within twenty-four hours of the fact being known. The complaint must be made before the judge of the issuer's domicile, indicating the necessary elements to judge it and contain the data that the whistleblower on the records included in the book. Copies of the complaint must be presented in the same term to the corporate comptroller, to the comptroller of the securities markets and to the entities expressly authorized by the special law or the application authority and respective stock boxes, where appropriate. ARTICLE 1877.- Publications. Once the complaint is received, the judge orders the publication of edicts for five days in the Official Gazette and in one of the most widely circulated newspapers in the Republic to summon those who claim rights over the respective securities, so that they are presented within thirty days to the appointed expert accountant, to plead and prove as much as they deem pertinent, under penalty of resolving with the records that are added to the proceedings. The edicts must contain the elements necessary to identify the issuer, the securities to which the registration refers and the other circumstances that the judge considers appropriate, as well as the dates to exercise the rights referred to in article 1878. If the issuer has establishments in different judicial jurisdictions, the edicts must be published in each of them. If the issuer has been authorized to publicly offer the securities to which the registration refers, the complaint must be reported immediately to the comptroller of the securities markets and to the entities expressly authorized by the special law or the enforcement authority in which they are traded, and edicts must be published in the respective bulletins. If the securities have been publicly placed or negotiated abroad, the judge must order the publications or communications that deem appropriate. ARTICLE 1878.- Procedure. The presentations are made before the expert accountant appointed by the judge. The credit verification procedure is applied in the contests, including regarding the effects of resolutions, appeals and late submissions. The ordinary costs of the procedure are borne jointly and severally by the issuer and by whoever carried the book, without prejudice to the repetition between them. ARTICLE 1879.- New book. The judge must order the preparation of a new registry book, in which the inscriptions that are ordered by a final judgment are entered. ARTICLE 1880.- Exercise of rights. The judge can grant the presenters the precautionary exercise of the emerging rights of the securities before the preparation of the new book, if applicable, before the sentence ordering the inscription with respect to a specific value title is issued or is signed, in accordance with the plausibility of the right invoked and, if deemed necessary, under the surety determined. In all cases, the issuer must deposit the benefits at the judge's order of patrimonial content that are demandable. ARTICLE 1881.- Special measures. The complaint of theft, loss or destruction of the record book authorizes the judge, at the request of the interested party and in accordance with the circumstances of the case, to order a precautionary intervention or an oversight regarding the issuer and the person who kept the book, with the extension that it deems pertinent for the adequate protection of those who are holders of rights over registered securities. It may also order the suspension of the holding of assemblies, when exceptional circumstances so advise. BOOK FOUR REAL RIGHTS TITLE I General disposition CHAPTER 1 Common principles ARTICLE 1882.- Concept. The real right is the legal power, of legal structure, which is exercised directly on its object, autonomously and which it attributes to its owner the powers of persecution and preference, and the others provided for in this Code. ARTICLE 1883.- Object. The real right is exercised over the whole or a material part of the thing that constitutes its object, for the whole or for an undivided part. The object may also consist of a property specifically specified by law. ARTICLE 1884.- Structure. The regulation of real rights in terms of its elements, content, acquisition, constitution, modification, transmission, duration and extinction is established only by law. The configuration of a real right not provided for in the law, or the modification of its structure, is null. ARTICLE 1885.- Validation. If the person who constitutes or transmits a real right that he does not have, subsequently acquires it, the constitution or transmission is validated. ARTICLE 1886.- Persecution and preference. The real right attributes to its owner the power to pursue the thing in the possession of whoever is, and to assert its Preference with respect to another real or personal right that has subsequently become effective. ARTICLE 1887.- Enumeration. The following are real rights in this Code: a) the domain; b) the condominium; c) horizontal property; d) real estate complexes; e) timeshare; f) the private cemetery; g) the surface; h) usufruct; i) use; j) the room; k) easement; l) the mortgage; m) antichresis; n) the garment. ARTICLE 1888.- Real rights on own or other people's thing. Actual charge or lien. They are real rights on totally or partially own thing: the domain, the condominium, condominium, real estate, timeshare, private cemetery and surface if there is surface property. The remaining real rights fall on another's thing. In relation to the owner of the thing, the real rights on other people's things constitute real charges or liens. Things are presumed without encumbrance, except proof in contrary. Any doubt about the existence of a real lien, its extension or the way of exercising it, is interpreted in favor of the owner of the encumbered asset. ARTICLE 1889.- Main real rights and accessories. The real rights are main, except the accessories of a credit based on guarantee. They are accessories the mortgage, the antichresis and the pledge. ARTICLE 1890.- Real rights over registrable and non-registrable things. The real rights fall on recordable things when the law requires the registration of the titles in the respective registry for the corresponding purposes. They fall on non-registrable things, when the rights-bearing documents on your object do not access to a registry for the purposes of your registration. ARTICLE 1891.- Exercise by possession or by possessory acts. All the real rights regulated in this Code are exercised by possession, except easements and the mortgage. Positive easements are exercised by specific and determined possessory acts without the holder holding the possession. EPISODE 2 Acquisition, transmission, extinction and enforceability ARTICLE 1892.- Title and sufficient modes. The acquisition derived by inter vivos acts of a real right requires the concurrence of title and sufficient mode. A sufficient title is understood as the legal act covered by the forms established by law, which is intended to transmit or constitute the real right. The possessory tradition is a sufficient way to transmit or constitute real rights that are exercised by possession. It is not necessary, when the thing is held in the name of the owner, and this by a legal act passes the domain of it to the one who owned it in his name, or when the one who owned it in the name of the owner, begins to own it in the name of other. Nor is it necessary when the holder transfers it to another, reserving the tenure and becoming the holder in the name of the acquirer. Registry registration is a sufficient way to transmit or constitute rights in rem to be registered in legally established cases; and about non-recordable things, when the type of law so requires. The first use is a sufficient way of acquiring positive servitude. In order for the title and mode to be sufficient to acquire a real right, its grantors must be capable and legitimized for this purpose. The provisions of the Fifth Book apply to the acquisition by cause of death. ARTICLE 1893.- Non-enforceability. The acquisition or transfer of real rights constituted in accordance with the provisions of this Code are not opposable to third parties. interested and in good faith as long as they do not have enough publicity. Registry registration or possession, as the case may be, is considered sufficient publicity. If the mode consists of a constitutive registration, the registration is a necessary and sufficient presupposition for the enforceability of the real right. Those who participated in the acts, or those who knew or should have known about the existence of the title of the real right, cannot take advantage of the lack of publicity. ARTICLE 1894.- Legal acquisition. They are acquired by mere effect of the law, the condominiums with enduring forced indivision of accessories essential to the common use of various buildings and walls, fences and moats when the enclosure is forced, and the one that originates from the accession of inseparable movable things; the spouse's room and of the surviving partner, and the rights of the purchasers and sub-purchasers in good faith. ARTICLE 1895.- Legal acquisition of real rights over furniture by sub-buyer. Possession in good faith of the sub-purchaser of non-recordable personal property that is not they are stolen or lost is enough to acquire the main real rights except that the true owner proves that the acquisition was free. Regarding recordable movable things, there is no good faith without registration in favor of the one who invokes it. Nor is there good faith even if there is registration in favor of the person who invokes it, if the respective special regime provides for the existence of identifying elements of the thing recordable and these are not matching. ARTICLE 1896.- Prohibition of judicial constitution. The judge cannot constitute a real right or impose its constitution, unless otherwise provided by law. ARTICLE 1897.- Purchase prescription. The prescription to acquire is the way in which the owner of a thing acquires a real right over it, through the possession during the time set by law. ARTICLE 1898.- Brief purchasing prescription. The acquisitive prescription of real rights with fair title and good faith occurs on real estate for possession during ten years. If the thing is stolen or lost furniture, the term is two years. If the thing is registrable, the term of useful possession is computed from the registration of the right title. ARTICLE 1899.- Long purchasing prescription. If there is no fair title or good faith, the term is twenty years. The lack or nullity of the title or its registration, nor the bad faith of its possession, cannot be invoked against the acquirer. The real right is also acquired by the person who owns for ten years a recordable movable thing, not stolen or lost, who does not register in his name but receives it from the owner registry or its successive assignee, provided that the identifying elements provided in the respective special regime are coincident. ARTICLE 1900.- Possible possession. Possession to prescribe must be conspicuous and continuous. ARTICLE 1901.- Union of possessions. The heir continues the possession of his deceased. The private successor may link his possession to that of his predecessors, provided that it is derived immediately from the others. In the short prescription united possessions must be in good faith and be bound by a legal bond. ARTICLE 1902.- Fair title and good faith. The just title for the acquisition prescription is the one that has the purpose of transmitting a main real right that is exercised by the possession, covered in the forms required for its validity, when its grantor is not capable or is not legitimized to the effect. The good faith required in the possessory relationship consists in not having known or been able to know the lack of right to it. When it comes to registrable things, good faith requires prior examination of the documentation and registration records, as well as compliance with the acts of pertinent verification established in the respective special regime. ARTICLE 1903.- Beginning of possession. Unless proof to the contrary, it is presumed that possession begins on the date of the fair title, or of its registration if it is constitutive. The declaratory sentence of brief prescription has retroactive effect to the time in which the possession begins, without prejudice to the rights of interested third parties of good faith. ARTICLE 1904.- Applicable rules. The norms of Title I of the Sixth Book of this Code apply to this Chapter, as pertinent. ARTICLE 1905.- Purchase prescription judgment. The sentence that is passed in the acquisitive prescription lawsuits, in a process that must be contentious, must set the date on which, once the statute of limitations expires, the acquisition of the respective real right occurs. The declaratory sentence of long prescription does not have retroactive effect to the time in which the possession begins. The resolution conferring the transfer of the demand or the exception of acquisitive prescription must, of course, order the recording of the litigation in relation to the object, in order to make the claim known. ARTICLE 1906.- Transmissibility. All real rights are transferable, except legal provision to the contrary. ARTICLE 1907.- Extinction. Without prejudice to the means of extinction of all the patrimonial rights and of the special ones of the real rights, these are extinguished, by the total destruction of the thing if the law does not authorize its reconstruction, by its abandonment and by the consolidation in the real rights on another's thing. TITLE II Possession and possession CHAPTER 1 General disposition ARTICLE 1908.- Enumeration. The power relations of the subject with a thing are possession and possession. ARTICLE 1909.- Possession. There is possession when a person, by himself or through another, exercises de facto power over a thing, behaving as the owner of a real right, whether or not it is. ARTICLE 1910.- Tenure. There is tenure when a person, by himself or through another, exercises de facto power over a thing, and behaves as a representative of the holder. ARTICLE 1911.- Presumption of possession or server of possession. Unless there is evidence to the contrary, it is presumed that the owner is the one who exercises a de facto power. about one thing. Whoever uses a thing by virtue of a relationship of dependency, service, lodging or hospitality, is called, in this Code, servant of possession. ARTICLE 1912.- Object and plural subject. The object of possession and possession is the determined thing. It is exercised by one or several people over all or part material of the thing. ARTICLE 1913.- Attendance. Several power relations of the same species that are mutually exclusive cannot concur on one thing. ARTICLE 1914.- Presumption of date and length. If half the title, it is presumed that the power relationship begins from the date of the title and has the extension that is indicates. ARTICLE 1915.- Interversion. No one can change the kind of their power relationship, by their mere will, or by the mere course of time. Possession is lost when the one who has the thing in the name of the possessor manifests by external acts the intention of depriving the possessor of disposing of the thing, and his acts produce that effect. ARTICLE 1916.- Presumption of legitimacy. Power relations are presumed legitimate, unless there is evidence to the contrary. They are illegitimate when they do not matter exercise of a real or personal right constituted in accordance with the provisions of the law. ARTICLE 1917.- Unnecessary title. The subject of the relationship of power over a thing has no obligation to produce its title to possession or possession, but in the case that must be exhibited as an inherent obligation to their power relationship. ARTICLE 1918.- Good faith. The subject of the power relationship is in good faith if he does not know, nor can he know that he has no right, that is, when due to an error of fact essential and excusable is persuaded of its legitimacy. ARTICLE 1919.- Presumption of good faith. The power relationship is presumed in good faith, unless there is evidence to the contrary. Bad faith is presumed in the following cases: a) when the title is declared null and void; b) when it is acquired from a person who habitually does not make a tradition of such things and lacks the means to acquire them; c) when it falls on marked or marked cattle, if the design was registered by another person. ARTICLE 1920.- Determination of good or bad faith. Good or bad faith is determined at the beginning of the power relationship, and remains unchanged as long as it does not occur. a new acquisition. Since it is not possible to determine the time when bad faith begins, you must be up to date with the summons to the trial. ARTICLE 1921.- Vicious possession. Possession in bad faith is vicious when it is of movable things acquired by theft, swindle, or abuse of trust; and when is it from real estate, acquired by violence, clandestinity, or abuse of trust. The vices of possession are relative to the one against whom they are exercised. In all the cases, either by the same that causes the vice or by its agents, either against the owner or his representatives. EPISODE 2 Acquisition, exercise, conservation and extinction ARTICLE 1922.- Acquisition of power. To acquire a relationship of power over a thing, it must be established voluntarily: a) by capable subject, except minors, for whom it is sufficient that they are ten years old; b) by means of contact with the thing, the physical possibility of establishing it, or when it enters into the custody of the acquirer. ARTICLE 1923.- Modes of acquisition. Power relations are acquired through tradition. Tradition is not necessary, when the thing is held in the name of the owner, and the latter passes the possession to whoever had it in his name, or when the one who owned it in the name of the owner, begins to possess it in the name of another, who acquires it from the moment the holder is notified of the identity of the new holder. Neither is it necessary when the owner transfers it to another, reserving the tenure and becoming representative of the new owner. Possession is also acquired by the empowerment of the thing. ARTICLE 1924.- Tradition. There is tradition when one party gives one thing to another that receives it. It must consist of the performance of material acts of at least one of the parties, which grant a factual power over the thing, which are not supplemented, in relation to third parties, by the mere declaration of the delivery person to give it to the recipient, or from him to receive it. ARTICLE 1925.- Other forms of tradition. The tradition of movable things is also considered made, by the delivery of knowledge, bills of lading, invoices or other documents in accordance with the respective rules, without opposition, and if they are sent on behalf and order of another, when the sender delivers them to whoever must transport them, if the purchaser approves the shipment. ARTICLE 1926.- Vacuous power relationship. In order to acquire possession or possession by tradition, the thing must be free of any exclusive relationship, and must not mediate any opposition. ARTICLE 1927.- Relationship of power over universality in fact. The power relationship over a thing made up of many different and separate bodies, but united under the same name, like a herd or herd, covers only the individual parts that comprise the thing. ARTICLE 1928.- Possession acts. The following constitute possessory acts on the thing: its culture, perception of fruits, marking or impression of signs materials, improvement, exclusion of third parties and, in general, their empowerment by any means obtained. ARTICLE 1929.- Conservation. The power relationship remains until its extinction, although its exercise is impeded by some transitory cause. ARTICLE 1930.- Presumption of continuity. Unless there is evidence to the contrary, it is presumed that the current subject of the possession or of the possession that proves it previously exercised, he maintained it during the interim time. ARTICLE 1931.- Extinction. Possession and tenure are extinguished when de facto power over the thing is lost. In particular, there is extinction when: a) the thing is extinguished; b) another deprives the subject of the thing; c) the subject is enduring physical impossibility to exercise possession or possession; d) the reasonable probability of finding the lost thing disappears; e) the subject makes express and voluntary abandonment of the thing. CHAPTER 3 Effects of power relations ARTICLE 1932.- Rights inherent to possession. The possessor and the holder have the right to exercise the real easements that correspond to the thing that constitutes their object. They also have the right to demand respect for the limits imposed in Chapter 4, Title III of this Book. ARTICLE 1933.- Obligations inherent to possession. The owner and the holder have the duty to return the thing to whoever has the right to claim it, even if it has not been obligation to that effect. They must respect the royal burdens, the judicial measures inherent in the thing, and the limits imposed in Chapter 4, Title III of this Book. ARTICLE 1934.- Fruit and improvements. This Code means: a) perceived fruit: the one that separated from the thing is the object of a new possessive relationship. If it is civil fruit, accrued and collected is considered received; b) pending fruit: the one not yet perceived. Pending civil fruit is accrued and not collected; c) mere maintenance improvement: the repair of minor deteriorations caused by the ordinary use of the thing; d) necessary improvement: the repair whose realization is indispensable for the conservation of the thing; e) useful improvement: the beneficial for any subject of the possessory relationship; f) sumptuary improvement: that of mere luxury or recreation or exclusive benefit for those who made it. ARTICLE 1935.- Acquisition of fruits or products according to good or bad faith. The good faith of the possessor must exist in each fact of fruit perception; and the good or bad Faith of the one who happens in the possession of the thing is judged only in relation to the successor and not by the good or bad faith of its predecessor, be it the universal or particular succession. The bona fide possessor endorses the perceived fruits and the unearned accrued naturals. The one in bad faith must restore the perceived ones and those who by his fault stop perceive. Whether in good or bad faith, you must return the products you have obtained from the thing. The pending fruits correspond to who has the right to the restitution of the thing. ARTICLE 1936.- Responsibility for destruction according to good or bad faith. The possessor in good faith does not answer for the total or partial destruction of the thing, until the concurrence of the subsisting profit. The one in bad faith is responsible for the total or partial destruction of the thing, except that it would have occurred equally if the thing were in power of the person who has the right to restitution. If the possession is vicious, it is responsible for the total or partial destruction of the thing, although it would have also occurred if the thing were in the possession of the person who has the right restitution. ARTICLE 1937.- Transmission of obligations to the successor. The particular successor succeeds his predecessor in the obligations inherent in possession of the thing; but particular successor responds only with the thing on which the real right rests. The predecessor is released, except as stipulated or legal provision. ARTICLE 1938.- Indemnification and payment of improvements. No subject of power relationship can claim compensation for the improvements of mere maintenance or for the sumptuary. The latter can be removed if doing so does not damage the thing. Any subject of a power relationship can claim the cost of the necessary improvements, unless they were caused by you if it is in bad faith. You can also claim the payment of useful improvements but only up to the highest value acquired by the thing. The Increases arising from events of nature are in no case compensable. ARTICLE 1939.- Proper effects of possession. Possession has the effects provided for in articles 1895 and 1897 of this Code. Unless there is a legal provision to the contrary, the owner must satisfy the total payment of taxes, fees and contributions that levy the thing and fulfill the obligation enclosure. ARTICLE 1940.- Effects of tenure. The holder must: a) keep the thing, but can claim the holder the reimbursement of expenses; b) identify and communicate to the owner who is the representative if he is disturbed by reason of the thing, and if he does not do so, he is liable for the damages caused to the owner and loses the guarantee for eviction, if this corresponds; c) to return the thing to whoever has the right to claim it, after a reliable summons from the others who claim it. TITLE III Domain CHAPTER 1 General disposition ARTICLE 1941.- Perfect domain. The perfect domain is the real right that grants all the faculties to use, enjoy and dispose materially and legally of a thing, within the limits provided by law. The domain is presumed perfect until proven otherwise. ARTICLE 1942.- Perpetuity. The domain is perpetual. It has no time limit and subsists regardless of its exercise. It is not extinguished even if the owner does not exercise his faculties, or is exercised by another, unless he acquires the domain by purchasing prescription. ARTICLE 1943.- Exclusivity. The domain is exclusive and can not have more than one owner. Whoever acquires the thing for a title, cannot henceforth acquire it for another, if not is why it is missing the title. ARTICLE 1944.- Faculty of exclusion. The domain is exclusive. The owner can exclude strangers from the use, enjoyment or disposition of the thing, remove by own authority the objects placed in it, and enclose your property with walls, fences or moats, subject to local regulations. ARTICLE 1945.- Extension. The domain of a thing includes the objects that form a whole with it or are its accessories. The domain of a real property extends to the subsoil and airspace, insofar as its use is possible, except as provided by regulations specials. All existing constructions, crops or plantations in a property belong to its owner, except for the provisions regarding horizontal property rights and surface. It is presumed that the constructions, crops or plantations were made by the owner of the property, unless the contrary is proven. ARTICLE 1946.- Imperfect domain. The domain is imperfect if it is subject to a condition or a resolution period, or if the thing is taxed with real charges. EPISODE 2 Special ways of acquiring the domain SECTION 1 Appropriation ARTICLE 1947.- Appropriation. The domain of non-registrable movable things without an owner is acquired by appropriation. a) are subject to appropriation: i) abandoned things; ii) the animals that are the object of hunting and fishing; iii) rainwater that falls into or runs through public places. b) are not subject to appropriation: i) lost things. If the thing is of any value, it is presumed to be lost, unless proven otherwise; ii) domestic animals, even if they escape and enter foreign property; iii) domesticated animals, as long as the owner does not stop chasing them. If they migrate and get used to living in another property, they belong to its owner, if they did not devices to attract them; iv) treasures. ARTICLE 1948.- Hunting. The wild or domesticated animal that regains its natural freedom, belongs to the hunter when he takes it or falls into his trap. As long as the hunter doesn't desist from chasing the animal that injured you have a right to the prey, even if someone else takes it or falls into its trap. The animal hunted in it without the express or tacit authorization belongs to the owner of the property. ARTICLE 1949.- Fishing. Whoever fishes in waters for public use, or is authorized to fish in other waters, acquires the domain of the aquatic species that he captures or extracts from their natural environment. ARTICLE 1950.- Swarms. The owner of a swarm can follow it through other people's properties, but must compensate the damage it causes. If you don't chase it or cease on your I try, the swarm belongs to whoever takes it. When he joins another swarm, he owns it. SECTION 2 Acquisition of a treasure ARTICLE 1951.- Treasury. Any movable thing of value, with no known owner, is hidden in another movable or immovable thing. It is not the thing in the public domain, nor the one that found in a grave of human remains while this affectation subsists. ARTICLE 1952.- Discovery of a treasure. The first discoverer of the treasure makes it visible, although he does not know that it is a treasure. The finding must be casual. Single The holders of real rights that are exercised by possession, with the exception of the pledge, have the right to seek treasure in a foreign object. ARTICLE 1953.- Discoverer's rights. If the treasure is discovered in a thing of its own, the treasure belongs to the owner in its entirety. If it is partially your own, half corresponds to the discoverer and, on the other half, the proportion that it has in ownership over the thing. If the treasure is discovered by chance in a foreign thing, it belongs by halves to the discoverer and the owner of the thing where it was found. The rights of the discoverer cannot be invoked by the person whom the owner of the thing instructs him to search for a certain treasure, nor by the person who searches without his authorization. They can be invoked if the finder is simply warned about the mere possibility of finding treasure. ARTICLE 1954.- Search by the owner of a treasure. When someone pretends that they have a treasure that they say they have kept on someone else's property and wants to look for it, they can do it without the consent of the owner of the property; You must designate the place where you are, and guarantee compensation for any damage to the owner. If you prove your property, it belongs to. If it is not credited, the treasure belongs entirely to the owner of the property. SECTION 3 Lost Things Regime ARTICLE 1955.- Finding. He who finds a lost thing is not obliged to take it, but if he does, he assumes the obligations of the depositary for consideration. Should immediately return it to whoever has the right to claim it, and if he does not individualize it, he must deliver it to the police of the place of the discovery, who must give intervention to the judge. ARTICLE 1956.- Reward and auction. The restitution of the thing to those who have the right to claim it must be made after paying the expenses and the reward. Whether offers a reward, the finder can accept the one offered or claim his appointment by the judge. Without prejudice to the reward, the owner of the thing can be freed from all other claim of the finder transmitting his domain. After six months have elapsed without anyone presenting the right to claim it, the thing must be sold at public auction. The sale can be anticipated if the thing is perishable or costly preservation. Deducted expenses and the amount of the reward, the remainder belongs to the city or municipality of the place where it was found. SECTION 4 Transformation and accession of movable things ARTICLE 1957.- Transformation. There is acquisition of the domain by transformation if someone in good faith with someone else's thing, through their sole activity or the incorporation of otherwise, he makes a new one with the intention of acquiring it, without being able to return it to the previous state. In this case, you only owe the value of the first one. If the transformation is done in bad faith, the owner of the material has the right to be compensated for all damage, if he does not prefer to have the thing in its new form; in this case he must pay the transformer his work or the greater value that the thing has acquired, at his choice. If the transformer is in good faith and the transformed thing is reversible to its previous state, the owner of the matter is the owner of the new species; in this case you must pay the transformative your work; but you may choose to require the value of the cost of the reversal. If the transformer is in bad faith, and the transformed thing is reversible to its previous state, the owner of the thing can choose to claim the new thing without paying anything to the did it; or abdicate it with compensation for the value of the material and the damage. ARTICLE 1958.- Accession of movable things. If movable things of different owners access each other without being made by man and it is not possible to separate them without deteriorate them or without excessive expenses, the new thing belongs to the owner of the one that had the highest economic value at the time of accession. If it is impossible to determine what it had higher value, the owners acquire the new one in equal parts. SECTION 5 Accession of real estate ARTICLE 1959.- Flood. The gradual and insensitive growth of the confining property with sleeping or running water produced by sedimentation, belongs to the owner of the property. There is no increase in the dominance of individuals by flood if it is caused by man, unless it has merely defensive ends. There is no alluvium if there is no adherence of the sedimentation to the property. The intermittent water course does not prevent adherence. The alluvial growth along several buildings is divided between the owners, in proportion to the front of each one of them on the old bank. The rules on alluvium apply both to the increases produced by the natural withdrawal of the waters, and by the abandonment of its channel. ARTICLE 1960.- River bed. What is deposited by the waters that are included in the limits of the river bed determined by the bank that fixes the average of the maximum ordinary floods. ARTICLE 1961.- Avulsion. The increase of the property by the sudden force of the waters produced by a natural adherence belongs to the owner of the property. Too it belongs to him if that increase originates from another natural force. If part of a property is moved to another, its owner can claim it as long as it does not adhere naturally. The owner of the other property has no right to demand his removal, after the end of six months, he acquires them by prescription. When the avulsion is not susceptible to natural adherence, the provisions on lost things apply. ARTICLE 1962.- Construction, seeding and planting. If the owner of a property builds, sows or plants with foreign materials, he acquires them, but he owes their value. If it's from bad faith also owes the damage. If the construction, sowing or planting is carried out by a third party, the materials belong to the owner of the property, who must indemnify the highest value acquired. If he third is in bad faith, the owner of the property may require you to return the thing to the previous state at your expense, unless the difference in value is significant, in which case You owe the value of the materials and the work, if you do not prefer to abdicate your right with compensation for the value of the property and the damage. If the construction, sowing or planting is carried out by a third party with foreign work or materials in another's property, whoever does the work or who provides the materials It has no direct action against the property owner, but can demand what it owes from the third party. ARTICLE 1963.- Invasion of adjoining property. Whoever builds on their property, but in good faith invades the neighboring property, can compel its owner to respect the built, if he did not immediately oppose the known invasion. The owner of the adjoining property may demand compensation for the value of the invaded part of the property. You can claim your full acquisition if it is impaired signi fi cantly the normal use of the property and, where appropriate, the decrease in the value of the part not invaded. If the invader does not compensate, he may be forced to demolish what was built. If the invader is in bad faith and the owner of the invaded farm immediately objected to the invasion, the latter can request the demolition of what was built. However, if It is manifestly abusive, the judge can reject the petition and order compensation. CHAPTER 3 Imperfect domain ARTICLE 1964.- Cases of imperfect domain. The revocable, fiduciary and dismembered domains are imperfect domains. The revocable domain is governed by the articles of This Chapter, the trustee for the provisions of the regulations of Chapter 31, Title IV of the Third Book, and the dismembered is subject to the regime of the respective real charge that taxes it. ARTICLE 1965.- Revocable domain. Revocable domain is the one subject to a condition or resolution period whose compliance the owner must return the thing to whom it is transmitted. The condition or term must be imposed by express voluntary provision or by law. The resolution conditions imposed on the domain must be understood as limited to a term of ten years, even though the event envisaged cannot be carried out within that period or This is greater or uncertain. If the ten years elapse without resolution, the domain must be definitively established. The term is computed from the date of the title establishing the imperfect domain. ARTICLE 1966.- Powers. The owner of the revocable domain has the same powers as the perfect owner, but the legal acts it performs are subject to the consequences of the termination of your right. ARTICLE 1967.- Effect of the revocation. The revocation of the domain of registrable thing has retroactive effect, unless the opposite arises from the acquisition title or from the law. When it comes to non-registrable things, the revocation has no effect with respect to third parties but insofar as they, due to their bad faith, have a personal obligation to restore the thing. ARTICLE 1968.- Re-acquisition of the perfect domain. When the term or condition is fulfilled, the revocable owner of a thing is immediately constituted as the owner of perfect owner name. If the thing is registrable and the sufficient way consists in the constitutive registration, it is required to register the reacquisition; if the inscription is not constitutive, is required for the purpose of its enforceability. ARTICLE 1969.- Effects of retroactivity. If the revocation is retroactive, the perfect owner re-acquires the free domain of all legal acts performed by the owner. of the resolved domain; if it is not retroactive, the acts are opposable to the owner. > CHAPTER 4 Domain limits ARTICLE 1970.- Administrative regulations. The limitations imposed on the private domain in the public interest are governed by administrative law. Harnessing and use of the domain over real estate must be exercised in accordance with the administrative regulations applicable in each jurisdiction. The limits imposed on the domain in this Chapter in relation to neighborhood relations, govern in subsidy of the administrative regulations applicable in each jurisdiction. ARTICLE 1971.- Damage not compensable. The duties imposed by the limits to the domain do not generate compensation for damages, unless by the activity of man aggravate the damage. ARTICLE 1972.- Clauses of inalienability. In acts for consideration, the clause of not transmitting to any person the domain of a certain thing or of not to constitute other real rights over it. These clauses are valid if they refer to a specific person or persons. In the free acts all the clauses indicated in the first paragraph are valid if their term does not exceed ten years. If the convention does not set a term, or establishes an uncertain term or greater than ten years, it is considered to have been concluded for that time. It is expressly renewable for a period that do not exceed ten years from the date it was established. In acts of death, the clauses that affect the legitimate portions, or imply a trustee substitution, are void. ARTICLE 1973.- Immissions. The discomfort caused by smoke, heat, odors, light, noise, vibrations or similar immissions due to the exercise of activities in Neighboring properties must not exceed the normal tolerance taking into account the conditions of the place and even if there is administrative authorization for them. Depending on the circumstances of the case, the judges may order the removal of the cause of the nuisance or its cessation and compensation for damages. To order the cessation of the immission, the judge must especially weigh the respect due to the regular use of the property, the priority in the use, the general interest and the demands of the production. ARTICLE 1974.- Towpath. The owner of a property adjacent to any of the banks of the channels or their banks, suitable for transport by water, must leave free a strip of land fifteen meters wide throughout the length of the course, in which you can not do any act that undermines that activity. Any injured party may request that the effects of acts in violation of this article be removed. ARTICLE 1975.- Obstacle to the course of the waters. The owners of properties bordering a channel cannot carry out any work that alters the natural course of the waters, or modify your direction or speed, unless it is merely defensive. If any of them is damaged by the work of the riparian or a third party, he can remove the obstacle, build defensive works or repair the destroyed ones, in order to restore the waters to their previous state, and demand from the author the value of the necessary expenses and the compensation for other damages. If the obstacle originates from a fortuitous event, the State must only restore the waters to their previous state or pay the value of the expenses necessary to do so. ARTICLE 1976.- Reception of water, sand and stones. Water, sand or stones that move from another farm must be received if they have not been degraded or interference of man in his displacement. However, artificially extracted water, sand or stones carried by the water can be derived, if it is proved that it does not cause damage to the properties that receive them. ARTICLE 1977.- Provisional facilities and passage of people working on a construction site. If it is essential to put scaffolding or other temporary facilities on the property boundary, or to let pass the people who work in the work, the owner of the property cannot prevent it, but whoever builds the work must repair the damages caused. ARTICLE 1978.- Views. Unless a local law establishes other dimensions, the boundary walls cannot have views that allow frontal vision to a lesser extent. distance than three meters; nor lateral views at a shorter distance than the one of sixty centimeters, measured perpendicularly. In both cases the distance is measured from the outer limit of the area of ​​vision closest to the adjoining property. ARTICLE 1979.- Lights. Unless a local law establishes other dimensions, the boundary wall cannot have lights lower than one meter eighty. centimeters, measured from the highest surface of the floor in front of the opening. ARTICLE 1980.- Exception at minimum distances. The minimum distances indicated in articles 1978 and 1979 do not apply if vision is impeded by fixed elements made of non-transparent material. ARTICLE 1981.- Deprivation of lights or views. Whoever has lights or views allowed on a private wall cannot prevent the neighbor from regularly exercising his right to raise another wall, even if it deprives it of light or sight. ARTICLE 1982.- Trees, shrubs or other plants. A property owner cannot have trees, shrubs, or other plants that cause nuisance that exceed the normal tolerance. In such a case, the affected owner may demand that they be removed, unless the cutting of branches is sufficient to avoid inconvenience. If the roots penetrate your property, the owner can cut them by himself. TITLE IV Condominium CHAPTER 1 General disposition ARTICLE 1983.- Condominium. Condominium is the real property right over a thing that belongs in common to several people and that corresponds to each one undivided part. The parts of the condominium owners are presumed the same, except that the law or the title provides another proportion. ARTICLE 1984.- Subsidiary applications. The rules of this Title apply, in subsidy of legal or conventional provision, to all cases of communion of rights real or other assets. The rules that regulate the domain apply subsidiarily to this Title. ARTICLE 1985.- Destination of the thing. The fate of the common thing is determined by convention, by the nature of the thing, or by the use to which it was in fact affected. ARTICLE 1986.- Use and enjoyment of the thing. Each condo owner, jointly or individually, can use and enjoy the common thing without altering its destiny. You cannot deteriorate it in their own interest or hinder the exercise of equal powers by the other owners. ARTICLE 1987.- Agreement of use and enjoyment. The condominium owners can agree on the alternate use and enjoyment of the common thing or that it be exercised in an exclusive and exclusive way on certain material parts. ARTICLE 1988.- Exclusive use and enjoyment. The exclusive use and enjoyment of the whole thing, to a greater extent or other than the agreed quality, does not give the right to compensation to the remaining condominiums, but from the reliable opposition and only for the benefit of the opponent. ARTICLE 1989.- Powers in relation to the undivided part. Each condo owner can alienate and tax the thing to the extent of its undivided part without the consent of the remaining owners. Creditors can seize and execute it without waiting for the result of the partition, which is unenforceable. The resignation of the condominium owner it adds to the other owners. ARTICLE 1990.- Disposition and improvements in relation to the thing. The legal or material provision of the thing, or of a certain part of it, can only be done with the conformity of all owners. No agreement is required to make necessary improvements. Within the limits of use and enjoyment of the common thing, each owner can also, at its expense, make useful improvements to the thing that serve its best advantage. ARTICLE 1991.- Expenses. Each condominium owner must pay the expenses of maintenance and repair of the thing and the necessary improvements and reimburse the others what they have overpaid in relation to its undivided parts. You cannot be released from these obligations by giving up your right. The condo owner who pays such expenses can claim interest from the date of payment. ARTICLE 1992.- Debts for the benefit of the community. If a condo owner contracts debts for the benefit of the community, he is the only one liable against the third creditor, but has action against the others for the refund of the paid. If all were bound without quota expression and without stipulating solidarity, they must satisfy the debt in equal parts. Who has overpaid for the undivided portion that corresponds to him, he has the right against the others, so that they reimburse him what is paid in that proportion. EPISODE 2 Administration ARTICLE 1993.- Impossibility of use and enjoyment in common. If the use and enjoyment in common is not possible for reasons pertaining to the thing itself or by the opposition of any of the joint owners, these gathered in assembly must decide on its administration. ARTICLE 1994.- Assembly. All condominium owners must be informed of the purpose of the call and must be summoned to the assembly in a reliable manner and in advance. reasonable. The resolution of the absolute majority of the condominium owners computed according to the value of the undivided parts, even though it corresponds to one, obligates all. In case of a tie, you must decide the luck. ARTICLE 1995.- Fruits. There being no stipulation to the contrary, the fruits of the common thing must be divided proportionally to the interest of the owners. CHAPTER 3 Condo without forced division UNIQUE SECTION Partition ARTICLE 1996.- Applicable rules. The rules of the division of inheritance apply to the condominium, as long as they are compatible. ARTICLE 1997.- Right to request partition. Except that the indivision has been agreed, all condominium owners can, at any time, request the partition of the thing. The action is imprescriptible. ARTICLE 1998.- Acquisition by a condominium owner. Without prejudice to the provisions of the rules for the division of inheritance, partition is also considered the assumption that one of the owners becomes the owner of the whole thing. CHAPTER 4 Condominium with temporary forced indivision ARTICLE 1999.- Waiver of the partition action. The condominium owner cannot renounce to exercise the action of partition for an indefinite time. ARTICLE 2000.- Partition suspension agreement. The condominium owners may agree to suspend the partition for a period not to exceed ten years. If the convention no fixed term, or it has an uncertain term or more than ten years, it is considered to be held for that time. The term that is less than ten years can be extended to complete that maximum limit. ARTICLE 2001.- Harmful partition. When the partition is harmful to any of the owners, due to serious circumstances, or harmful to the interests of all or to the taking advantage of the thing, according to its nature and economic destination, the judge can order its postponement for a term appropriate to the circumstances and that does not exceed of five years. This term is renewable once. ARTICLE 2002.- Early partition. At the request of the party, whenever serious circumstances occur, the judge may authorize the partition before the scheduled time, The indivision has been agreed or ordered by court. ARTICLE 2003.- Publicity of the indivision or its cessation. Indivision clauses or early cessation of indivision only have effect with respect to third parties when register in the respective property registry. CHAPTER 5 Condo with Enduring Forced Indivision SECTION 1 Condominium on essential accessories ARTICLE 2004.- Forced indivision on indispensable accessories. There is forced indivision when the condominium falls on affected things as accessories indispensable to the common use of two or more estates that belong to different owners. While the affectation subsists, none of the condominium owners can request the division. ARTICLE 2005.- Use of the common thing. Each condo owner can only use the common thing for the necessity of the properties to which it is affected and without damaging the equal right of the remaining owners. SECTION 2 Condominium on walls, fences and moats ARTICLE 2006.- Wall, fence or moat. The wall, fence or moat is called: a) boundary, separative or dividing: that which demarcates a property and delimits it from the adjoining property; b) ridged: to the boundary that partially sits in each of the adjoining buildings; c) contiguous: to the boundary that is totally settled in one of the adjoining buildings, so that the edge coincides with the separating limit; d) party wall: the boundary that is common and belongs in condominium to both adjoining; e) exclusive or exclusive: to the boundary that belongs to only one of the neighboring ones; f) of closing: to the boundary of forced closing, whether it is ridged or contiguous; g) elevation: to the boundary that exceeds the height of the enclosure wall; h) buried: located below ground level without serving as a foundation for a surface construction. ARTICLE 2007.- Urban forced closing. Each of the property owners located in a population center or in its suburbs has in front of the owner adjoining, the reciprocal right and obligation, to build a boundary wall of enclosure, which can be mounted on the adjoining property, up to half its thickness. ARTICLE 2008.- Forced closing wall. The forced closing wall must be stable, insulating and not less than three meters high from the intersection. the limit with the surface of the real estate. This measure is subsidiary to those provided by local regulations. ARTICLE 2009.- Acquisition of mediatorship. The wall built in accordance with the provisions of article 2008 is dividing wall up to a height of three meters. It is also dividing wall of elevation, if the adjoining holder of a real right on thing totally or partially own, acquires the co-ownership by contract with whoever builds it, or by purchasing prescription. ARTICLE 2010.- Presumptions. Unless proven otherwise, the boundary wall between two buildings higher than three meters in height is presumed to be a party wall from that height up to the common elevation line. From that height on, it is presumed to be the property of the tallest building owner. ARTICLE 2011.- Time of the presumptions. The presumptions of article 2010 are established at the date of construction of the wall and remain even if it is totally destroyed or partially. ARTICLE 2012.- Exclusion of presumptions. The assumptions of the previous articles do not apply when the wall separates patios, orchards and gardens from a building or to these to each other. ARTICLE 2013.- Proof. The evidence of the mediating or exclusive nature of a wall or that which distorts the legal presumptions in this regard, must come from an instrument public or private that contains acts common to the two neighboring owners, or their predecessors, or arising from unequivocal material signs. The resulting evidence of titles prevails over that of signs. ARTICLE 2014.- Collection of mediatorship. Whoever builds the adjoining enclosure wall has the right to claim from the neighboring owner half the value of the land, from the wall and its foundations. If you build it upright, you can only claim half the value of the wall and its foundation. ARTICLE 2015.- Higher value due to building characteristics. It cannot claim the highest value originated by the building characteristics of the wall and its foundations, with in relation to the stability and isolation of external agents, which exceed the standards of the place. ARTICLE 2016.- Acquisition and collection of the elevation and buried walls. The adjoining holder of a lifting or buried wall has only the right to acquire the party wall as it is built, even if it exceeds the standards of the place. ARTICLE 2017.- Right of the one who builds the wall. Whoever builds the lifting wall only has the right to claim from the neighboring owner half the value of the wall, as long as it is used effectively for its specific purposes. The same right has who builds a buried wall, or who extends the pre-existing wall in greater depth than required for its foundation. ARTICLE 2018.- Measure of the obligation. The neighboring owner has the obligation to pay the closing wall in its entire length and the elevation wall only in the part that use effectively. ARTICLE 2019.- Value of the medianería. The computable value of the party wall is that of the wall, foundation or land, as appropriate, on the date of default. ARTICLE 2020.- Beginning of the extinctive prescription course. The course of the prescription of the action of collection of the medianería with respect to the wall of closing begins from the beginning of its construction; and with respect to elevation or buried, from its effective use by the neighboring owner. ARTICLE 2021.- Material powers. Extension. The condo owner can attach constructions to the wall, anchor them in it, embed all kinds of braces and open cavities, even in its entire thickness, provided that the regular exercise of that right does not result in danger to the solidity of the wall. ARTICLE 2022.- Prolongation of the wall. The condo owner can extend the boundary wall in height or depth, at his expense, without compensating the other condo owner for the greater weight you carry on the wall. The new extension is exclusive to the one who made it. ARTICLE 2023.- Restitution of the wall to the previous state. If the exercise of these powers causes harm to the owner, he may request that the wall be restored to his previous state, totally or partially. ARTICLE 2024.- Reconstruction. The condo owner can demolish the boundary wall when he needs to make it firmer, but he must rebuild it with height and stability. smaller than those of the demolished one. If in the reconstruction the wall is prolonged in height or depth, the provisions of article 2022 apply. ARTICLE 2025.- Use of a larger surface. If a larger surface than the previous one is used for the reconstruction, it must be taken from the terrain of the one who made it and the new wall, although built by one of the owners, is dividing up to the height of the old and in all its thickness. ARTICLE 2026.- Diligence in the reconstruction. Reconstruction must be carried out at your expense, and the other owner cannot claim compensation for mere inconvenience, if the reconstruction is carried out with the due diligence according to the rules of the art. ARTICLE 2027.- Improvements in urban party walls. The owners are obliged, in proportion to their rights, to pay the costs of repairs or wall reconstructions as necessary improvements, but are not liable if they are expenses of useful or luxury improvements that are not beneficial to the owner adjacent. ARTICLE 2028.- Abdication of mediatorship. The condominium required for the payment of credits originated by the construction, conservation or reconstruction of a wall, it can be liberated by abdicating its right to mediation even in places where the enclosure is forced, unless the wall is part of a construction that belongs to you or the debt has originated in your own fact. It cannot be freed by abdicating the right on the raised or buried wall if it maintains its right on the closing wall. ARTICLE 2029.- Scope of the abdication. The abdication of the right of mediatorship by the condominium owner involves alienating all rights on the wall and the land in which nods. ARTICLE 2030.- Re-acquisition of the party wall. The one who abdicated the party wall can buy it back at any time by paying for it, as if he had never had it before. ARTICLE 2031.- Rural forced enclosure. The holder of a real right over all or part of his property, of a property located outside a population center or its outskirts, it has the right to raise or excavate an enclosure, even if it is not a wall in the terms of the forced enclosure. You also have an obligation to contribute to enclosure if your property is completely closed. ARTICLE 2032.- Attribution, collection and rights in rural mediatorship. The enclosure is always dividing, even if it is excavated. Whoever performs the enclosure has the right to claim from the condominium owner half of the value corresponding to an enclosure carried out in accordance with local standards. ARTICLE 2033.- Subsidiary application. The provisions on dividing walls regarding the rights and obligations of the joint owners, governs, in what is applicable, in rural party walls. ARTICLE 2034.- Condominium of trees and bushes. The adjoining or ridged tree and shrub is related to walls, fences or boundary moats, both on land rural as well as urban. ARTICLE 2035.- Damage due to a tree or bush. Any of the condominium owners can demand, at any time, if it causes damage, that the tree or shrub be plucked at the cost of both, except that it can be avoided by cutting branches or roots. ARTICLE 2036.- Replacement of the tree or bush. If the tree or shrub falls or dries, it can only be replaced with the consent of both owners. TITLE V Horizontal property CHAPTER 1 General disposition ARTICLE 2037.- Concept. Horizontal property is the real right that is exercised over an own property that gives its owner powers of use, enjoyment and disposal material and legal that are exercised on private parts and on common parts of a building, in accordance with the provisions of this Title and the respective regulation of horizontal property. The various parts of the property as well as the powers that they have are interdependent and make up a non-divisible whole. ARTICLE 2038.- Constitution. For the purposes of the legal division of the building, the domain owner or condominium owners must draft, by public deed, the regulation of horizontal property, which must be registered in the real estate registry. The horizontal property regulation is integrated into the sufficient title on the functional unit. ARTICLE 2039.- Functional unit. The horizontal property right is determined in the functional unit, which consists of flats, apartments, premises or other spaces susceptible of use due to their nature or destination, that have functional independence, and communication with the public highway, directly or through a common passage. The property of the functional unit includes the undivided part of the land, the things and parts of common use of the property or essential to maintain its safety, and it can include one or more complementary units designed to serve it. ARTICLE 2040.- Common things and parts. Are common to all or some of the functional units the things and parts in common use of them or indispensable for maintain their safety and those determined in the horizontal property regulations. The things and parts whose use is not determined, are considered common. No proprietor can claim exclusive rights over these things and parts, without prejudice to their exclusive involvement in one or more functional units. Each owner can use the common things and parts according to their destination, without harming or restricting the rights of the other owners. ARTICLE 2041.- Necessarily common things and parts. They are necessarily common parts and things: a) the terrain; b) the corridors, roads or elements that communicate units with each other and with the outside; c) roofs, roofs, terraces and solar patios; d) the foundations, columns, supporting beams, master walls and other structures, including those of balconies, essential to maintain security; e) the premises and facilities of the central services; f) the pipes that carry fluids or energy in all their extension, and the wiring, until they enter the functional unit; g) the dwelling to house the person in charge; h) elevators, hoists and escalators; i) the exterior walls and the divisions of units with each other and with common things and parts; j) the necessary facilities for the access and circulation of people with disabilities, fixed or mobile, external to the functional unit, and alternative evacuation routes for claims cases; k) all artifacts or existing facilities for services of common benefit; l) the premises intended for toilets or changing rooms for the staff working for the consortium. This list is illustrative. ARTICLE 2042.- Common non-essential things and parts. Common things and parts are not indispensable: to the pool; b) the solarium; c) the gym; d) the laundry; e) the multipurpose room. This list is illustrative. ARTICLE 2043.- Own things and parts. The things and parts included in the volume limited by their functions are necessarily their own with respect to the functional unit. partitioning structures, non-bearing internal partitions, doors, windows, fixtures, and cladding, including balconies. The things and parts that are subject to an exclusive right are also provided as such in the horizontal property regulations, without prejudice to the restrictions imposed by orderly coexistence. ARTICLE 2044.- Consortium. The set of owners of the functional units constitutes the legal entity consortium. It has its address in the property. Their organs are the assembly, the owners council and the administrator. The personality of the consortium is extinguished by the disaffection of the property from the horizontal property regime, whether by unanimous agreement of the instrumented owners in public deed or by judicial resolution, registered in the real estate registry. EPISODE 2 Powers and obligations of the owners ARTICLE 2045.- Powers. Each owner may, without the need for the consent of the others, dispose of the functional unit that belongs to him, or on it constitute real or personal rights. The constitution, transmission or extinction of a real right, lien or seizure on the functional unit, includes things and parts common and complementary unit, and can not be done separately from these. ARTICLE 2046.- Obligations. The owner is obliged to: a) comply with the provisions of the horizontal property regulations, and the internal regulations, if any; b) keep its functional unit in good condition; c) pay ordinary and extraordinary common expenses in the proportion of its undivided part; d) contribute to the integration of the reserve fund, if any; e) allow access to its functional unit to carry out repairs of common things and parts and of assets of the consortium, as well as to verify the operation of kitchens, heaters, stoves and other risky things or to control the work of your installation; f) reliably notify the administrator of his special address if he chooses to establish a different one from that of the functional unit. ARTICLE 2047.- Prohibitions. Owners and occupants are prohibited from: a) allocate the functional units for uses contrary to morality or for purposes other than those provided for in the horizontal property regulations; b) disturb the tranquility of others in any way that exceeds normal tolerance; c) carry out activities that compromise the security of the property; d) deposit dangerous or harmful things. ARTICLE 2048.- Expenses and contributions. Each owner must pay for the maintenance and repair costs of his own functional unit. Likewise, it must pay the ordinary common expenses of administration and repair or replacement of the things and common parts or goods of the consortium, necessary to keep in good condition the security, comfort and decorum conditions of the property and those resulting from the obligations imposed on the administrator by law, by the regulation or by the assembly. Likewise, ordinary common expenses are those required by the facilities necessary for the access or circulation of people with disabilities, fixed or mobile, and for alternative evacuation routes for claims cases. It must also pay the extraordinary common expenses provided by resolution of the assembly. The debt certi fi cate issued by the administrator and approved by the owners' council, if it exists, is an executive title for collection from the owners of the expense and other contributions. ARTICLE 2049.- Defenses. The owners cannot be freed from the payment of any expense or contribution to their charge even with respect to those accrued before their acquisition, by renouncing the use and enjoyment of common goods or services, by voluntary or forced alienation, or by abandoning its functional unit. Neither can they refuse to pay expenses or contributions or put up defenses for any reason, based on rights that they invoke against the consortium, except compensation, without prejudice to its articulation through the corresponding route. The condominium regulation can partially exempt from taxes for expenses to functional units that do not have access to certain services. or sectors of the building that generate said expenditures. ARTICLE 2050.- Obliged to pay expenses. In addition to the owner, and without implying release, they are obliged to pay the expenses and contributions of the horizontal property those who are holders of any title. CHAPTER 3 Modifications in common things and parts ARTICLE 2051.- Improvement or new work that requires a majority. To make improvements or new works on common things and parts, the owners or the consortium require consent of the majority of the owners, after a technical report from an authorized professional. Whoever requests authorization if it is denied, or the minority affected in their own interest who opposes authorization if it is granted, have an action for the judge to leave without effect the decision of the assembly. The judge must evaluate if the improvement or new work is of excessive cost, contrary to the regulation or the law, and if it affects the safety, solidity, sanitation, destination and appearance architectural exterior or interior of the property. The majority resolution is not suspended without an express court order. ARTICLE 2052.- Improvement or new work that requires unanimity. If the improvement or new work, carried out by an owner or by the consortium on common things and parts, even When it does not matter to raise new floors or make excavations, gravitates or modifies the structure of the property in a substantial way, it must be done with the unanimous agreement from the owners. It also requires unanimity the improvement or new work on things and common parts in the private interest that only benefits an owner. ARTICLE 2053.- Improvement or new work in private interest. If the authorized improvement or new work on common things and parts is in the private interest, the beneficiary must Carry it out at your expense and bear the costs of the modification of the horizontal property regulation and its registration, if applicable. ARTICLE 2054.- Urgent repairs. Any owner, in the absence of the administrator and members of the owners council can make repairs urgent in common things and parts, as a business manager. If the expense is unjustified, the consortium can deny full or partial reimbursement and demand, if The restitution of the property to its previous state corresponds, at the expense of the owner. ARTICLE 2055.- Serious deterioration or destruction of the building. In the event of serious deterioration or destruction of the building, the assembly by a majority representing more than half of the value, you can solve your demolition and the sale of the land and materials, repair or reconstruction. If he resolves the reconstruction, the minority cannot be compelled to contribute to it, and can be released by transmitting his rights to third parties willing to undertake the work. In the absence of interested parties, the majority can acquire the part of the dissatisfied, according to judicial valuation. CHAPTER 4 Horizontal property regulation ARTICLE 2056.- Content. The horizontal property regulation must contain: a) determination of the terrain; b) determination of functional and complementary units; c) enumeration of own assets; d) enumeration of things and common parts; e) composition of the consortium's assets; f) determination of the undivided proportional part of each unit; g) determination of the proportion in the payment of common expenses; h) use and enjoyment of common things and parts; i) use and enjoyment of the assets of the consortium; j) destination of the functional units; k) destination of the common parts; l) special powers of the owners' assemblies; m) determination of the way to call the owners meeting, its frequency and its notification form; n) specification of limitations to the number of proxy letters that each functional unit holder can hold to represent others in assemblies; ñ) determination of the majorities necessary for the different decisions; o) determination of the majorities necessary to modify the horizontal property regulations; p) way of computing majorities; q) determination of eventual prohibitions for the disposal or location of complementary units towards non-proprietary third parties; r) designation, powers and special obligations of the administrator; s) term of exercise of the administrator function; t) fixing the financial year of the consortium; u) special powers of the owners council. ARTICLE 2057.- Modification of the regulation. The regulation can only be modified by resolution of the owners, by a two-thirds majority of the totality of the owners. CHAPTER 5 Assemblies ARTICLE 2058.- Powers of the assembly. The assembly is the meeting of owners empowered to resolve: a) the issues that are specially attributed to it by law or by horizontal property regulations; b) the questions attributed to the administrator or the owners council when they are submitted to him by any of them or by the person who represents five percent of the undivided proportional parts in relation to the whole; c) issues regarding compliance with the appointment and dismissal of consortium staff; d) issues not covered by the powers of the administrator or the owners' council, if any. ARTICLE 2059.- Call and quorum. The owners must be called to the assembly in the manner provided in the regulation of horizontal property, with transcription of the agenda, which must be written accurately and completely; the treatment of other topics is void, except if all the owners and unanimously agree to deal with the issue. The assembly can summon itself to deliberate. The decisions that are adopted are valid if the self-announcement and the agenda to be discussed are approved by a majority of two thirds of all owners. Decisions made by unanimous will of the total number of owners are equally valid even if they do not do so in assembly. ARTICLE 2060.- Absolute majority. The decisions of the assembly are made by an absolute majority computed over all the owners of the units. functional and is formed with the double requirement of the number of units and the undivided proportional parts of these in relation to the whole. Most of those present can propose decisions, which must be communicated by reliable means to the absent owners and are considered approved at fifteen days of notifications, except that these are previously opposed by the same means, with a sufficient majority. The right to file a legal action for annulment of the meeting expires thirty days after the date of the meeting. ARTICLE 2061.- Express agreement of the holder. For the suppression or limitation of rights accorded to units that exceed mere operational issues Everyday, the majority must be integrated with the express agreement of their holders. ARTICLE 2062.- Minutes. Without prejudice to the other books referring to the administration of the consortium, it is mandatory to keep a Book of Assembly Minutes and a Book of Owners' signature register. Minutes of each meeting must be drawn up in the respective book, in which those present must sign as proof of their attendance. The signatures that subscribe each assembly they must be checked by the administrator with the original registered signatures. The minutes must be drawn up by a minutes secretary chosen by the owners; These must contain the summary of the deliberation and the transcript of the decisions adopted or, where appropriate, proposed by the majority of those present, and signed by the president of the assembly and two owners. At the foot of each act, the administrator must record the communications sent to the absent, the oppositions received and any express conformities. ARTICLE 2063.- Judicial Assembly. If the administrator or the council of owners, in subsidy, fails to call the assembly, the owners representing ten per One hundred of the total can request the judge to call a judicial assembly. The judge must set a hearing to be held in his presence to which he must summon the owners. The judicial assembly can resolve with a simple majority of those present. If it does not reach a decision, the judge decides in a very summary manner. Also, and if applicable, the judge can order precautionary measures to regularize the situation of the consortium. CHAPTER 6 Owners Council ARTICLE 2064.- Powers. The assembly may appoint a council made up of owners, with the following powers: a) call the assembly and draft the agenda if for any reason the administrator fails to do so; b) control the economic and financial aspects of the consortium; c) authorize the administrator to dispose of the reserve fund, in the face of unforeseen and higher than ordinary expenses; d) exercise the administration of the consortium in case of vacancy or absence of the administrator, and call the assembly if the position is vacant within thirty days of Vacancy occurred. Except for the cases indicated in this article, the owners' council does not replace the administrator, nor can it fulfill its obligations. CHAPTER 7 Administrator ARTICLE 2065.- Legal representation. The administrator is the legal representative of the consortium with the character of agent. It can be an owner or a third party, person human or legal. ARTICLE 2066.- Designation and removal. The administrator designated in the horizontal property regulations ceases at the time of the first assembly if it is not ratified in it. The first assembly must be held within ninety days of the two years after the regulation is issued or when Fifty percent of the functional units are occupied, whichever comes first. Successive administrators must be appointed and removed by the assembly, regardless of the reform of the horizontal property regulations. They may be removed without cause. ARTICLE 2067.- Rights and obligations. The administrator has the rights and obligations imposed by law, regulation and the owners' meeting. Especially should: a) call the assembly and write the agenda; b) execute the decisions of the assembly; c) attend to the preservation of things and common parts and to the security of the building's structure and comply with all safety regulations and verifications imposed by local regulations; d) practice the expense account and raise the necessary funds to satisfy them. To fully or partially dispose of the reserve fund, in the event of unforeseen expenses and greater than ordinary ones, the administrator must require the prior authorization of the owners council; e) render a documented account within sixty days from the closing date of the financial year established in the horizontal property regulations; f) appoint and dismiss the consortium staff, with the agreement of the assembly called for that purpose; g) comply with the obligations derived from labor, social security and tax legislation; h) keep the property insured with a comprehensive insurance of consortia that includes fire, civil liability and other risks of practice, apart from insuring other risks that the assembly decides to cover; i) Legally keep the books of minutes, administration, owner registration, signature records and any other required by local regulations. Must also archive chronologically the expense settlements, and keep all the documentary history of the constitution of the consortium and of the successive ones administrations; j) in the event of resignation or removal, within fifteen business days you must deliver to the council of owners the existing assets, books and documents of the consortium, and render documented accounts; k) notify all owners immediately, and in no case after forty-eight business hours of receiving the respective communication, the existence of administrative or judicial claims affecting the consortium; I) at the request of the interested party, issue within three business days the certificate of debts and credits of the consortium for all concepts with proof of the existence of administrative or judicial claims and information on current insurance; m) represent the consortium in all administrative and judicial proceedings as exclusive agent with all the powers pertaining to his character as representative legal. CHAPTER 8 Sub-partnerships ARTICLE 2068.- Sectors with independence. In buildings whose structure or nature makes it convenient, the regulation of horizontal property can foresee the existence sectors with functional or administrative independence, in everything that does not weigh on the building in general. Each sector may have a sub-assembly, the functioning and powers of which must be specially regulated, and a sub-administrator of the sector may be appointed. In case of conflict between the various sectors the assembly finally resolves. The entire consortium responds to third parties without taking into account the various sectors that comprise it. CHAPTER 9 Offenses ARTICLE 2069.- Regime. In case of violation by an owner or occupant of the prohibitions established in this Code or in the regulation of horizontal property, and without prejudice to the other corresponding actions, the consortium or any affected owner have an action to stop the infraction, which must be substantiated by the Shortest procedural route available to local law. If the offender is a non-owner occupant, he may be evicted in case of repeated infractions. CHAPTER 10 Prehorizontality ARTICLE 2070.- Contracts prior to the constitution of horizontal property. Contracts on functional units concluded before the constitution of the horizontal property are included in the provisions of this Chapter. ARTICLE 2071.- Mandatory insurance. In order to enter into contracts for units built or projected under the horizontal property regime, the domain owner of the property must constitute insurance in favor of the acquirer, for the risk of failure of the operation according to what is agreed for any reason, and whose coverage It includes the reimbursement of the installments paid with more remunerative interest or, where appropriate, the release of all liens that the acquirer does not assume in the contract. preliminary. Failure to comply with the obligation imposed in this article deprives the owner of the domain of all rights against the acquirer unless it fully complies with its obligations, but does not deprive the acquirer of his rights against the alienator. ARTICLE 2072.- Exclusions. The following contracts are excluded: a) those in which the constitution of horizontal property results from the partition or liquidation of communions of things or goods, or the liquidation of legal persons; b) those that deal with real estate in the private domain of the State; c) those concerning constructions carried out with the financing or trust of of fi cial organisms or of fi nancial entities specially qualified by the organism of control, if it appears from its clauses that the definitive contracts with the acquirers must be concluded by the official financing entity, to whom the owners must grant irrevocable power to that end. TITLE VI Real estate sets CHAPTER 1 Real estate sets ARTICLE 2073.- Concept. Real estate complexes are country clubs, closed or private neighborhoods, industrial, business or nautical parks, or any other urban development regardless of the destination of permanent or temporary housing, labor, commercial or business that it has, including those that contemplate mixed uses, in accordance with the provisions of local administrative regulations. ARTICLE 2074.- Characteristics. The following are characteristic elements of these urbanizations: enclosure, common and private parts, state of indivision enforced and perpetual of the parts, places and common goods, regulations establishing operating bodies, limitations and restrictions on rights individuals and disciplinary regime, obligation to contribute to common expenses and burdens and entity with legal status that groups the owners of the units privative. The various parts, things and common and exclusive sectors, as well as the faculties that they have, are interdependent and make up a whole not scissile. ARTICLE 2075.- Legal framework. All aspects related to authorized areas, dimensions, uses, loads and other urban elements corresponding to the Real estate complexes are governed by the administrative regulations applicable in each jurisdiction. All real estate groups must submit to the regulations of the real horizontal property right established in Title V of this Book, with the modifications that establishes this Title, in order to establish a real right of special horizontal property. Pre-existing real estate complexes that have been established as personal rights or where real rights and personal rights coexist must be adapted to the normative provisions that regulate this real right. ARTICLE 2076.- Necessarily common things and parts. The parts and places of the land destined for traffic routes are necessarily common or in common use. access and communication, specific areas dedicated to the development of sports, recreational and social activities, common facilities and services, and all other well affected to community use, qualified as such by the respective horizontal property regulation that regulates the venture. The things and parts whose common or own character is not determined are considered common. ARTICLE 2077.- Private things and parts. The functional unit that constitutes a private part may be built or in the process of being built, and must include the functional independence requirements according to their destination and exit to the public highway by direct or indirect route. ARTICLE 2078.- Powers and obligations of the owner. Each owner must exercise his right within the framework established in these regulations, with the limits and restrictions arising from the respective regulation of horizontal property of the real estate complex, and taking into account the maintenance of a good and normal coexistence and the protection of landscape, architectural and ecological values. ARTICLE 2079.- Location and perimeter limits. The location of the real estate complexes depends on what the provincial and municipal regulations provide applicable. The perimeter limits of the real estate complexes and the access control can be materialized through closings in the way that local regulations, Provincial or municipal establish, depending on urban and security aspects. ARTICLE 2080.- Regulatory limitations and restrictions. According to the applicable administrative rules, the horizontal property regulation can establish building or other limitations, create easements and restrictions to particular domains, as well as establish rules of coexistence, all for the benefit of the urban community. Any limitation or restriction established by the regulation must be transcribed in the transfer deeds of the real right of horizontal property. special. Said regulation is considered an integral part of the property titles that are granted on the functional units that make up the real estate complex, and is It is presumed to be known by every owner without admitting evidence to the contrary. ARTICLE 2081.- Expenses and contributions. The owners are obliged to pay the common expenses, expenses and expenses for the correct maintenance and operation of the real estate complex in the proportion established for this purpose by the horizontal property regulations. Said regulation may determine other contributions other than the legally envisaged expenses, in case of use of common advantages, services and facilities by family members and guests of the holders. ARTICLE 2082.- Assignment of the unit. The regulation of the real estate set can establish conditions and guidelines for the exercise of the right of use and enjoyment of the common spaces and facilities by third parties in cases where the owners of the domain of the private units temporarily cede, in full or partial, by any title or right, real or personal, the use and enjoyment of its functional unit. ARTICLE 2083.- Regime of guests and admission of non-proprietary users. The regulation can establish the extent of use and enjoyment of spaces and facilities common to those who make up the family group of the owner of the functional unit and provide for a regime of guests and admission of non-owners of said assets, with the characteristics and under the conditions that, for this purpose, the owners' consortium dictates. The use of the common assets of the complex by third parties may be full, partial or limited, temporary or permanent, it is always personal and not subject to assignment nor total or partial, permanent or transitory transmission, for acts inter vivos or mortis causa. Non-owners are obliged to pay contributions and fees that for this purpose determines the internal regulations of the real estate complex. ARTICLE 2084.- Easements and other real rights. Pursuant to the provisions of the applicable administrative regulations, easements or other real rights of the real estate groups among themselves or with third party groups, in order to allow a better use of common spaces and facilities. These Decisions constitute modification of the regulation and must be decided with the majority of such reform, as provided in the regulation. ARTICLE 2085.- Transmission of units. The horizontal property regulation may provide limitations but not prevent the free transmission and consequent acquisition of functional units within the real estate complex, being able to establish a right of preference in the acquisition in favor of the consortium of owners or the rest of owners of private units. ARTICLE 2086.- Sanctions. In the face of serious or repeated conduct by the holders of the functional units in violation of the horizontal property regulations, the consortium owners can apply the penalties provided in that instrument. EPISODE 2 Shared time ARTICLE 2087.- Concept. Timeshare is considered to exist if one or more assets are affected by their periodic and shift use, for accommodation, lodging, trade, tourism, industry or other purposes and to provide the benefits compatible with your destination. ARTICLE 2088.- Assets that comprise it. Regardless of the nature of the rights that are constituted or transmitted, and the legal regime to which the goods are are subject, the timeshare is integrated with real estate and furniture, as long as their nature is compatible with the aforementioned purposes. ARTICLE 2089.- Affectation. The constitution of a timeshare requires the affectation of one or more objects to the purpose of periodic use and in turns, the that, in the case of real estate, it must be formalized by public deed, which must contain the requirements established in the special regulations. ARTICLE 2090.- Legitimation. The instrument of affectation of a timeshare must be granted by the owner of the domain. In the event that said owner does not coincides with the person of the entrepreneur, he must appear to give his consent to the aforementioned involvement. ARTICLE 2091.- Requirements. Assets must be free of liens and restrictions. The entrepreneur, the owner, the administrator and the marketer must not be inhibited to dispose of their goods. The owner may constitute a mortgage or other encumbrance after the registration of the deed of affectation, with the effects provided for in article 2093. ARTICLE 2092.- Registration. The instrument of affectation must be registered in the respective Property Registry and in the Registry of Providers and Establishments affected to Timeshare Systems provided in the special law, prior to any commercial announcement, offer or promotion. ARTICLE 2093.- Effects of the instrument of affectation. The inscription of the instrument of affectation in the respective Property Registry determines: a) the prohibition to the owner and the entrepreneur to modify the destination foreseen in the instrument; however, the entrepreneur can market the periods of enjoyment not alienated, with other contractual modalities; b) the enforceability of the rights of the users of the timeshare, which cannot be altered or diminished by private or universal successors, or by third parties creditors of the owner or the entrepreneur, not even in the event of bankruptcy or bankruptcy. ARTICLE 2094.- Duties of the entrepreneur. The duties of the entrepreneur are: a) establish the regime of use and administration of things and services that are part of the timeshare and control compliance with the obligations in charge from the administrator; b) enable a Register of Owners, which must be supervised by the enforcement authority, in which the personal data of users and their address, periods of use, the establishment or establishments to which they correspond, type, extension and category of the units, and changes in ownership; c) guarantee the exercise of the right of the users, in the committed opportunity and conditions; d) pay the fees for expenses of the system of non-disposed units. ARTICLE 2095.- Duties of the users of the timeshare. The duties of the users of the timeshare are: a) exercise their right according to their nature and destination, without altering or replacing them and without preventing other users from enjoying the shifts that correspond to them; b) be liable for damages to the unit, the establishment, or their common areas, caused by them, their companions or the people they authorize, if such damages they are not caused by its normal and regular use or by the mere course of time; c) communicate to the administration any temporary or definitive transfer of their rights, in accordance with the procedures established in the regulations for use; d) pay in time and form the fees for expenses of the system and the reserve fund, as well as any expenses that may be particularly attributed to it. ARTICLE 2096.- Of the administration. Administration can be exercised by the entrepreneur himself, or by a third party designated by him. In such a case, both have joint responsibility towards the users of the timeshare, for the proper management and coordination in the maintenance and use of the goods. ARTICLE 2097.- Duties of the administrator. The administrator has the following duties, without prejudice to those established in the specific legal regimes: a) conserve establishments, their units and spaces and things for common use, in adequate conditions to facilitate the exercise of their rights by users; b) preserve the equal rights of users and respect the temporal priorities of reservations; c) verify the infractions to the regulations of use and apply the foreseen sanctions; d) to file the corresponding administrative appeals and legal actions; e) keep the accounting books according to law; f) prepare and execute the budget of resources and expenses; g) charge users fees for expenses, reserve funds and all other corresponding charges; h) render accounts to the entrepreneur and users, in accordance with income and expense settlements certified by a public accountant, except in the case that it was chosen to apply the relative elevation adjustment system; i) deliver all the documentation and existing funds, to the entrepreneur or to whom he indicates, upon ceasing his function; j) behave as a good administrator would, according to the uses and practices of the sector. ARTICLE 2098.- Executive collection. The certificate issued by the administrator stating the debt for system expenses, the items that comprise it and the term for To pay it, constitutes a title to act against the defaulting user through the executive route, previous reliable intimation for the term stipulated in the regulation of administration. ARTICLE 2099.- Extinction. The extinction of the timeshare occurs: a) due to the expiration of the term established in the instrument of affectation; b) at any time, when there have been no disposals, or all contracts have been terminated, a circumstance that must be recorded registry; c) due to destruction or aging. ARTICLE 2100.- Consumption relationship. The relationship between the owner, entrepreneur, marketer and administrator of the timeshare with whoever purchases or uses the The right of periodic use is governed by the rules that regulate the consumer relationship, provided in this Code and in special laws. ARTICLE 2101.- Real right of the purchaser of timeshare. The rules on rights in rem apply to the right of the purchaser of timeshare. ARTICLE 2102.- Police regulations. The timeshare owner, entrepreneur, marketer, administrator and user must comply with the laws, regulations and other national, provincial and municipal regulations related to the operation of the system. CHAPTER 3 Private cemeteries ARTICLE 2103.- Concept. Private cemeteries are considered to be privately owned buildings affected by the burial of human remains. ARTICLE 2104.- Affectation. The domain owner must grant a deed of ownership of the property in order to allocate it to the purpose of private cemetery, which is inscribed in the Registry of Real Property together with the rules of administration and use of the cemetery. From its authorization by the municipality The local cemetery cannot alter its destination or be taxed with real guarantee rights. ARTICLE 2105.- Administration and use regulations. The administration and use regulations must contain: a) the description of the property on which the private cemetery is built, its parts, places, facilities and common services; b) provisions of order to facilitate the holders of burial rights in the exercise of their powers and to ensure compliance with legal regulations, applicable police and regulatory; c) fixing and payment method of the administration and maintenance fee, which can be agreed for annual periods or by means of a single payment in perpetuity; d) regulations on burials, exhumations, cremations and transfers; e) guidelines on the construction of graves; f) provisions on the fate of mortal remains in abandoned graves; g) rules on access and circulation of holders and visitors; h) constitution and operation of the administrative bodies. ARTICLE 2106.- Records of burial and burial. The administrator of a private cemetery is required to carry: a) a burial record with the identifying data of the person buried; b) a register of burial rights holders, in which the changes in ownership produced must be recorded. ARTICLE 2107.- Powers of the holder of the burial right. The holder of the burial right can: a) burying in the plot the human remains that it has, up to the dimension established in the regulations, and carrying out exhumations, reductions and transfers, giving strict compliance to the regulations issued in this regard; b) build tombs in their respective plots, in accordance with the building regulations issued for this purpose; c) access the cemetery and its plot at the indicated times; d) use the oratories, services, park and facilities and common places according to the established conditions. ARTICLE 2108.- Duties of the holder of the burial right. The holder of the burial right must: a) maintain the decorum, sobriety and respect that the place and the right of others demand; b) periodically contribute the service fee for the maintenance and operation of the cemetery; c) pay the taxes, fees and contributions that are established for such purposes on your parcel; d) respect the national, provincial and municipal provisions and regulations of hygiene, public health and mortuary police. ARTICLE 2109.- Management and administration. The management and administration of the cemetery is the responsibility of the administrator, who must ensure the proper functioning of common facilities and services that allow the exercise of burial rights, according to the agreed and regulated conditions. ARTICLE 2110.- Non-seizure. The exclusive plots for burial are unattachable, except for: a) credits from the balance of purchase price and construction of graves; b) the expenses, rates, taxes and contributions corresponding to them. ARTICLE 2111.- Consumption relationship. The relationship between the owner and the administrator of the private cemetery with the owners of the plots is governed by the rules that regulate the consumption relationship provided in this Code and in the special laws. ARTICLE 2112.- Real burial law. The rules on real rights apply to the right of burial on the plot. ARTICLE 2113.- Police regulations. The administrator, the holders of graves and the visitors must comply with the laws, regulations and other rules of nature national, provincial and municipal relating to the mortuary police. TITLE VII Surface ARTICLE 2114.- Concept. The surface right is a temporary real right, which is constituted on a foreign property, which grants its owner the power to use, enjoy and material and legal provision of the right to plant, afforest or build, or on the planted, afforested or built on the ground, the flight or the subsoil, according to the modalities of its exercise and term of duration established in the title sufficient for its constitution and within the provisions of this Title and the special laws. ARTICLE 2115.- Modalities. The super fi ciary can carry out constructions, plantations or afforestations on the slope, flight and subsoil of the foreign property, making own what is planted, afforested or built. The right on plantations, afforestations or existing constructions can also be constituted, attributing the property to the surface. In both modalities, the right of the land owner coexists with the separate property of the owner of the land. ARTICLE 2116.- Location. The surface right can be constituted on the entire property or on a certain part, with projection in the airspace or in the subsoil, or on existing buildings even within the horizontal property regime. The extension of the affected property may be greater than that necessary for planting, afforestation or construction, but it must be useful for its use. ARTICLE 2117.- Deadlines. The term agreed in the acquisition title cannot exceed seventy years when it comes to constructions and fifty years for afforestations and plantations, both counted since the acquisition of the surface right. The agreed term can be extended as long as it does not exceed the deadlines maximums. ARTICLE 2118.- Legitimation. The holders of the real rights of domain, condominium and horizontal property are empowered to constitute the surface right. ARTICLE 2119.- Acquisition. The surface right is constituted by an onerous or free contract and can be transmitted by acts inter vivos or by cause of death. No It can be acquired by usucapion. The brief prescription is admissible for the purposes of rectifying the fair title. ARTICLE 2120.- Powers of the super fi ciary. The holder of the surface right is empowered to establish real guarantee rights over the right to build, planting or afforesting or on surface property, limited, in both cases, to the term of the surface right. The surface may affect the construction to the horizontal property regime, with separation of the land belonging to the owner unless otherwise agreed; can transfer and tax as independent real estate homes, premises or other privative units, during the term of the surface right, without the need for owner's consent. ARTICLE 2121.- Powers of the owner. The owner retains the material and legal provision that corresponds to his right, provided he exercises them without disturbing the surface right. ARTICLE 2122.- Destruction of the surface property. Superficial property is not extinguished, unless otherwise agreed, by the destruction of the constructed, planted or afforested, if the landowner builds, again within the term of six years, which is reduced to three years for planting or afforestation. ARTICLE 2123.- Subsistence and transfer of obligations. The transfer of the right includes the obligations of the surface. The waiver of the right by the surface, its disuse or abandonment, does not release it from its legal or contractual obligations. ARTICLE 2124.- Extinction. The right to build, plant or afforest is extinguished by express resignation, expiration of the term, compliance with a resolution condition, by consolidation and for non-use for ten years, for the right to build, and five years, for the right to plant or afforest. ARTICLE 2125.- Effects of the extinction. At the moment of the extinction of the surface right by the fulfillment of the conventional or legal term, the owner of the land makes yours built, planted or afforested, free of real or personal rights imposed by the landowner. If the surface right is extinguished before the expiration of the legal or conventional term, the real rights constituted on the surface or on the ground continue Taxing the two plots separately, as if there had been no extinction, until the term of the surface right expires. Personal rights also subsist during the established time. ARTICLE 2126.- Compensation to the surface. Produced the extinction of the surface right, the holder of the real right on the ground must indemnify the surface, unless otherwise agreed. The amount of compensation is set by the parties in the act establishing the real surface right, or in subsequent agreements. In subsidy, for the purposes of establishing the amount of the compensation, the subsistent values ​​incorporated by the super fi ciary during the last two are taken into account. years, discounted depreciation. ARTICLE 2127.- Rules applicable to the surface right. The rules relating to the limitations of use and enjoyment of the right of usufruct are of supplementary application, without prejudice to what the parties have agreed in this regard in the constitutive act. ARTICLE 2128.- Rules applicable to surface property. If the surface right is exercised over an existing construction, plantation or afforestation, it will be apply the rules provided for the case of surface property, which in turn is subject to the rules of the revocable domain on real property as long as they are compatible and are not modified by the provisions of this Title. TITLE VIII Usufruct CHAPTER 1 General disposition ARTICLE 2129.- Concept. Usufruct is the real right to legally use, enjoy and dispose of someone else's property, without altering its substance. There is alteration of the substance, if it is a thing, when its matter, form or destiny is modified, and if it is a right, when it is impaired. ARTICLE 2130.- Object. The usufruct may be exercised over the totality, over a material part or through an undivided part of the following objects: a) a non-expendable thing; b) a right, only in cases where the law provides; c) a fungible thing when it falls on a group of animals; d) all or an undivided part of an inheritance when the usufruct is of testamentary origin. ARTICLE 2131.- Legitimation. Only the owner, the holder of a horizontal property right, the surface and the community members of the property are entitled to constitute usufruct. object on which it can fall. ARTICLE 2132.- Usufruct in favor of several people. The usufruct can be established jointly and simultaneously in favor of several people. If it is extinguished for a it subsists for the rest, but without the right to increase, except if the constitutive act provides otherwise. No usufruct can be established in favor of several people who succeed each other, unless the one indicated in a previous order does not want or cannot accept the usufruct. ARTICLE 2133.- Prohibition of judicial usufruct. In no case can the judge establish a usufruct or impose its constitution. ARTICLE 2134.- Modes of constitution. The usufruct can be constituted: a) for the transmission of the use and enjoy with reserve the bare property; b) for the transmission of bare property with reservation of use and enjoyment; c) by transmission of bare property to one person and use and enjoyment to another. ARTICLE 2135.- Presumption of onerousness. In case of doubt, the constitution of the usufruct is presumed onerous. ARTICLE 2136.- Modalities. The usufruct may be established purely and simply, subject to the condition or term of the resolution, or with a charge. Cannot be subject to condition or suspensive period and if so constituted, the usufruct itself is deemed not established. When the will subordinates the usufruct to a condition or suspensive term, the constitution is only valid if they are met before the death of the testator. ARTICLE 2137.- Inventory. Any of the contracting parties has the right to inventory and determine the state of the object of the usufruct, before entering into its use and enjoyment. When the parties are of legal age and capable, the inventory and determination of the state of the object of the usufruct are optional and can be done by private instrument. Otherwise, they are mandatory and must be done by public deed. If the usufruct is constituted by will, whoever has been designated as usufructuary is obliged to inventory and determine the status of the object, in a public deed. This obligation is not dispensable either. The interested party can claim at any time the fulfillment of the execution not carried out. ARTICLE 2138.- Presumption. The lack of inventory and determination of the state of the goods makes it presume that they correspond to the amount indicated in the title and that they are in a good state of conservation, unless otherwise provided. ARTICLE 2139.- Sufficient guarantee in the constitution and in the transmission. In the act of constitution, the obligation prior to entering the use and enjoyment of grant sufficient guarantee for the conservation and restitution of the assets, once the usufruct has expired. ARTICLE 2140.- Hereditary intramissibility. The usufruct is not transferable due to death, without prejudice to the provisions for the usufruct in favor of several people with the right to increase. EPISODE 2 Usufructuary rights ARTICLE 2141.- Fruits. Products. Natural growths. They belong to the singular or universal usufructuary: a) the fruits received. However, if the usufruct is from a group of animals, the usufructuary is obliged to replace the missing animals with others that are the same. quantity and quality, if you do not choose to request its extinction; b) the pending fruits at the time of establishing the usufruct. The earrings at the time of their extinction belong to the owner knot; c) the products of a holding already started at the time the usufruct was established. The use and enjoyment of the usufructuary extends to the accretions originated by acts of nature, without any consideration. ARTICLE 2142.- Real and personal rights. The usufructuary can transmit his right, but it is his own life and not that of the acquirer that determines the maximum limit duration of the usufruct. Prior to the transfer, the acquirer must give the bare owner sufficient guarantee of the conservation and restitution of the property. The usufructuary may constitute the real rights of easement and antichresis, use and habitation and personal rights of use or enjoyment. In none of these cases the usufructuary is exempt from its responsibilities vis-à-vis the bare owner. ARTICLE 2143.- Optional improvements. The usufructuary can make other improvements, in addition to those that he is obliged to make, if they do not alter the substance of the thing. Does not have right to claim your payment, but you can withdraw them if the separation does not cause damage to the goods. ARTICLE 2144.- Execution by creditors. If the usufructuary creditor executes the usufruct right, the usufruct acquirer must give sufficient guarantee to the knot owner of the conservation and restitution of the assets. CHAPTER 3 Obligations of the usufructuary ARTICLE 2145.- Destination. The use and enjoyment by the usufructuary must be adjusted to the destination of the assets of the usufruct, which is determined by convention, by the nature of the thing or the use to which it was actually affected. ARTICLE 2146.- Necessary improvements. The usufructuary must carry out the improvements of mere maintenance, the necessary ones and the others that are caused by his fault. They are not in charge of the improvements originated by aging or fortuitous event. The bare owner may require the usufructuary to make the improvements to which he is bound even before the usufruct is terminated. ARTICLE 2147.- Improvements prior to the constitution. The usufructuary is not obliged to make any improvement for causes originating before the act of constitution of his right. However, the usufructuary who does not receive the goods due to his refusal to inventory them or determine their condition, must pay for those improvements made by the bare owner. ARTICLE 2148.- Taxes, rates, contributions and common expenses. The usufructuary must pay the taxes, fees, contributions and common expenses that affect directly to the assets object of the usufruct. ARTICLE 2149.- Communication to the owner node. The usufructuary must notify the owner of the disturbances of fact or law suffered by reason of the thing. If it does not, it is responsible for all the damages suffered by the owner knot. ARTICLE 2150.- Restitution. The usufructuary must deliver the assets that are the object of the usufruct to whoever has the right to restitution when the usufruct ends, in the amount and status referred to in articles 2137 and 2138. CHAPTER 4 Rights and duties of the proprietary node ARTICLE 2151.- Legal and material provision. The proprietary node retains the legal and material provision that corresponds to its right, but must not disturb the use and enjoy the usufructuary. If he does so, the usufructuary may demand the cessation of the disturbance; and, if the usufruct is onerous, you can choose to decrease the price proportional to the severity of the disturbance. CHAPTER 5 Extinction ARTICLE 2152.- Special extinguishing media. The special means of extinction of the usufruct are: a) the death of the usufructuary, even if the agreed term or condition has not been met. If the duration of the usufruct was not agreed, it is understood that it is for life; b) the termination of the usufructuary legal person. If the duration was not agreed, it is extinguished fifty years after the constitution of the usufruct; c) non-use by any person for ten years, for any reason. Involuntary disuse does not prevent extinction, nor does it authorize the extension of the usufruct; d) the abusive use and alteration of the judicially proven substance. ARTICLE 2153.- Effects of the extinction. Once the original usufruct is extinguished, all the rights constituted by the usufructuary and his private successors are extinguished. The usufruct ceded by the usufructuary, cannot last beyond the foreseen opportunity for the extinction of the original usufruct. If the usufruct is from a group of animals that perishes in its entirety without the fault of the usufructuary, the latter complies with delivering the remaining offal to the owner. Yes the group of animals perishes in part without the fault of the usufructuary, he has the option of continuing in the usufruct, replacing the missing animals, or ceasing to do so, delivering those that have not perished. TITLE IX Use ARTICLE 2154.- Concept. The use is the real right that consists in using and enjoying a foreign thing, its material or undivided part, in the extension and with the limits established in the title, without altering its substance. If the title does not establish the extent of use and enjoyment, it is understood that a usufruct is constituted. The real right of use can only be established in favor of a human person. ARTICLE 2155.- Supplementary rules. The rules of Title VIII of this Book apply to the use, except for the particular provisions established herein. ARTICLE 2156.- Limitations. The user cannot constitute real rights to the thing. ARTICLE 2157.- Execution by creditors. The fruits cannot be seized by the creditors when the use of these is limited to the needs of the user and its family. TITLE X Room ARTICLE 2158.- Concept. The room is the real right that consists in dwelling in someone else's built property, or part of it, without altering its substance. The real right of habitation can only be constituted in favor of a human person. ARTICLE 2159.- Supplementary rules. The rules of Title IX of this Book apply to the room, except for the particular provisions established in the Present. ARTICLE 2160.- Limitations. The room is not transferable by act inter vivos or by cause of death, and the inhabitant cannot constitute real or personal rights about the thing. It is not enforceable by creditors. ARTICLE 2161.- Taxes, contributions and reparations. When the inhabitant resides only in a part of the house designated for housing, he must contribute to the payment of charges, contributions and repairs pro rata of the part of the house that occupies. TITLE XI Servitude CHAPTER 1 General disposition ARTICLE 2162.- Definition. Easement is the real right that is established between two properties and that grants the owner of the dominant property certain utility about the foreign servant building. The utility may be for mere recreation. ARTICLE 2163.- Object. The easement may have as its object all or a material part of the foreign property. ARTICLE 2164.- Positive and negative servitude. Easement is positive if the real burden is to bear its exercise; is negative if the actual charge is limited to the determined abstention imposed in the title. ARTICLE 2165.- Real and personal servitude. Personal easement is that established in favor of a determined person without inherent property. If it is constituted in favor of a human person, life is presumed, if the title does not result in a shorter duration. Real easement is that inherent in the dominant property. It is presumed perpetual unless otherwise agreed. The burden of the royal easement must secure a real advantage to the dominant inheritance, and the situation of the properties must allow the exercise of it without being indispensable that they be touched. The actual servitude considered actively and passively is Inherent to the dominant estate and the servant estate, it follows with them whatever power they pass and cannot be separated from the estate, nor form the object of a convention, nor be subject to any lien. When in doubt, easement is presumed personal. ARTICLE 2166.- Forced servitude. No one can impose the constitution of an easement, except that the law expressly provides for the legal need to do so, case in which it is called forced. Forced and real easements are the easement of transit in favor of a property without sufficient communication with the public highway, the aqueduct when it is necessary for the economic exploitation established in the dominant property, or for the population, and that of receiving water extracted or degraded artificially from which no harm results serious for the servant estate or, if it exists, it is channeled underground or in pipes. If the holder of the servient estate does not agree on compensation with that of the dominant estate, or with the local authority if the population is involved, it must be established judicially. The action to claim a forced servitude is imprescriptible. ARTICLE 2167.- Personal servitude in favor of various holders. Personal servitude can be established in favor of several people. If it is extinguished for a subsistence for the rest, but without the right to increase, unless the title provides otherwise. Personal servitude cannot be established in favor of several people who succeed each other, unless the one indicated in a preceding order does not want or cannot accept bondage. ARTICLE 2168.- Legitimation. The holders of real rights that fall on real estate and are exercised by possession are legitimized to constitute an easement. Yes community exists must be constituted by the set of holders. ARTICLE 2169.- Prohibition of judicial servitude. In no case can the judge establish an easement or impose its constitution. ARTICLE 2170.- Presumption of onerousness. In case of doubt, the constitution of the easement is presumed onerous. ARTICLE 2171.- Modalities. The easement can be subject to any modality. ARTICLE 2172.- Transmissibility. No easement can be transferred independently of the dominant property. Personal easement is non-transferable due to death, without prejudice to the provisions for easement in favor of several people with the right to accrue. EPISODE 2 Rights and obligations of the dominant holder ARTICLE 2173.- Real and personal rights. The holder of an easement may establish personal rights in relation to the utility conferred on it, without exempt from its responsibility towards the owner. It cannot constitute real rights. ARTICLE 2174.- Extension of the easement. The easement includes the power to exercise all the accessory easements essential for the exercise of the main, but not those that only make your exercise more comfortable. ARTICLE 2175.- Exercise. The exercise of the easement cannot be aggravated if the needs of the dominant property increase, except that it is an easement forced. ARTICLE 2176.- Necessary improvements. The dominant owner can make the necessary improvements to the servicing property for the exercise and conservation of the easement. They are in their charge, unless the expense originates from events for which the owner of the servicing property or a third party must respond. ARTICLE 2177.- Work contrary to the exercise of servitude. The dominant owner may compel whoever did the servant property in works that undermine the exercise of servitude to restore the thing to its previous state, at its expense. If the servant property becomes the property of another, the latter must only tolerate the performance of tasks, without being able to claim any consideration. ARTICLE 2178.- Execution by creditors. In no case the transmission or the execution of the easement can be done independently of the dominant property. ARTICLE 2179.- Communication to the servant. The dominant holder must inform the servant holder of the factual or legal disturbances suffered due to the exercise of servitude. If it does not, it is responsible for all the damages suffered by the servant holder. CHAPTER 3 Rights of the servant holder ARTICLE 2180.- Legal and material provision. The servant holder retains the legal and material provision that corresponds to his right. Do not lose the right to do serve the property to the same uses that form the object of the easement. Thus, he whose estate is taxed with a right of way retains the faculty of passing him same for the place. The exercise of servitude should not be disturbed, not even by the constitution of another. If it does, the dominant holder can demand the cessation of the disturbance; if bondage is onerous can choose a price decrease proportional to the severity of the disturbance. ARTICLE 2181.- Scope of the constitution and exercise. The servant holder can demand that the constitution and the exercise of servitude be carried out with the minor impairment for the encumbered property, but cannot deprive the dominant of the utility to which he is entitled. If the circumstances of place and time of exercise are not foreseen in the easement title, they must be determined by the servant holder. CHAPTER 4 Extinction of servitude ARTICLE 2182.- Special extinguishing media. The following are special means of extinguishing easements: a) the disappearance of any utility for the dominant property; b) non-use by any person for ten years, for any reason; c) in personal easements, if the owner is a human person, his death, even if the agreed term or condition has not been met; if the owner is a legal person, his extinction, and if a shorter duration was not agreed, it ends fifty years after the constitution. ARTICLE 2183.- Effects of the extinction. Once the easement is extinguished, all the rights constituted by the dominant holder are extinguished. TITLE XII Real guarantee rights CHAPTER 1 Common provisions ARTICLE 2184.- Common and special provisions. The real rights constituted in guarantee of credits are governed by the common provisions of this Chapter and by the special rules that correspond to its type. ARTICLE 2185.- Conventionality. The real rights of guarantee can only be constituted by contract, celebrated by the legitimized and with the forms that the law indicates for each type. ARTICLE 2186.- Accessoriety. The collateral rights are accessory to the credit that they insure, are non-transferable without the credit and are extinguished with the principal, except in the legally established cases. The extinction of the guarantee for any reason, including the waiver, does not affect the existence of the credit. ARTICLE 2187.- Guaranteable credits. Any credit, pure and simple, term, conditional or eventual, of giving, doing or not doing can be guaranteed. When the guarantee, the credit must be adequately individualized through the subjects, the object and its cause, with the exceptions allowed by law. ARTICLE 2188.- Specialty regarding the object. Things and rights may constitute the object of the real rights of guarantee. That object must be current, and be suitably individualized in the constitutive contract. ARTICLE 2189.- Specialty regarding credit. The amount of the guarantee or lien must be estimated in money. The specialty is fulfilled with the expression of the amount maximum tax. The credit can be individualized in all the elements from the origin or it can be born later; but in all cases, the tax constitutes the maximum of the real guarantee for all concepts, so that any excess amount is unsecured, whether for capital, interest, costs, fines, or other concepts. The constitutive act must foresee the term to which the guarantee is subject, which cannot exceed ten years, counted from that act. Once the term expires, the guarantee subsists in security of the credits born during their validity. ARTICLE 2190.- Defects in the specialty. The constitution of the guarantee is valid even if some of the specifications of the object or credit are missing, provided that it is can integrate according to the set of statements of the constitutive act. ARTICLE 2191.- Indivisibility. The collateral rights are indivisible. Indivisibility is that each of the assets affected by a debt and each party of them, they are affected to the payment of all the debt and of each one of its parts. The creditor whose guarantee includes several assets may pursue them all together, or only one or some of them, regardless of who it belongs to or of the existence of other guarantees. The divisibility of the guarantee with respect to the credit and the affected goods may be agreed. The judge may also order it properly, at the request of the owner of the property, provided that no damage is caused to the creditor, or at the request of the latter if it is in his own interest. ARTICLE 2192.- Extension regarding the object. The guarantee includes all the accessories physically attached to the thing, the improvements and the income due. However, the following are not included in the guarantee: a) the assets physically attached to the thing that are encumbered with a pledge established before the mortgage or are owned by third parties, although their use by the debtor is authorized by a contractual link; b) the assets that are later physically attached to the thing, if at the time of that union they are taxed with pledge or are owned by third parties, even under the conditions previously indicated. ARTICLE 2193.- Extension regarding credit. The guarantee covers the capital owed and the interest subsequent to its constitution, as well as damages and costs. subsequent that causes the breach. The interests, damages and costs prior to the constitution of the guarantee are included in its coverage only in the event of have been expressly provided for and determined in the convention. ARTICLE 2194.- Royal subrogation. The guarantee is transferred by right on the goods that replace the encumbered, be it for compensation, price or any other concept that allows the real subrogation. In case of partial extinction of the object, the guarantee also subsists on the remaining material part. ARTICLE 2195.- Powers of the constituent. The constituent of the guarantee retains all the powers inherent to its right, but cannot perform any act that decrease the value of the guarantee. If this occurs, the creditor may request the deprivation of the term of the obligation, or may estimate the value of the decrease and demand its deposit or another sufficient guarantee is granted. ARTICLE 2196.- Non-enforceability. In the event of execution, the legal acts concluded to the detriment of the guarantee are unenforceable to the creditor. ARTICLE 2197.- Realization by a third party. If the encumbered asset is auctioned by a third party before the expiration of the term, the holder of the guarantee has the right to give the term expires, and to be collected with the corresponding preference. If the credit is subject to a suspensive condition, you may be required to offer sufficient guarantee of the restitution of what is received in the extension of article 349 for the case of frustration of the condition. ARTICLE 2198.- Null clause. Any clause that allows the holder of a real guarantee right to acquire or dispose of the encumbered asset outside the modalities and execution conditions provided by law for each real guarantee right. ARTICLE 2199.- Responsibility of the non-debtor owner. The non-debtor owner, whether a third party that constitutes the guarantee or who acquires the encumbered asset, without being obliged expressly to the payment of the insured credit, it responds only with the object object of the lien and up to the maximum of the lien. ARTICLE 2200.- Execution against the non-debtor owner. In case of execution of the guarantee, only after payment has been claimed from the obligor, the creditor can, in the opportunity and deadlines provided by local procedural laws, to make the non-debtor owner intimate to pay the debt up to the limit of the lien, or to oppose exceptions. The non-debtor owner can assert the debtor's personal defenses only if the subrogation action requirements are met. The inadmissible defenses in the procedure set for the execution can be claimed by the non-debtor owner in a judgment of knowledge. ARTICLE 2201.- Right to the remnant. Once the asset affected by the guarantee has been carried out, the non-debtor owner is entitled to the remainder that exceeds the amount of the lien, excluding the previous owner and the unsecured creditors. ARTICLE 2202.- Subrogation of the non-debtor owner. Once the guarantee is executed or the payment of the guaranteed debt is satisfied, the non-debtor owner has the right to: a) claim the corresponding compensation; b) subrogate, as appropriate, in the creditor's rights; c) in the event of other assets affected by collateral rights for the benefit of the same debt, have their owners summoned to the execution process, or promote one different, in order to obtain against them the sentence for the proportion that corresponds to bear according to what has been agreed or, subsidiarily, for the one that results from value of each of the encumbered assets. ARTICLE 2203.- Effects of the auction. The real guarantee rights are extinguished by the effect of the public auction of the encumbered asset, if their holders were duly cited for execution, without prejudice to the right and preferences that correspond to that produced for the satisfaction of their credits. ARTICLE 2204.- Cancellation of the lien. The guarantees registered in the respective registers are canceled: a) by its owner, by granting an instrument of the same nature as that required for its constitution, with which the interested party can request the cancellation of the respective registry records; b) by the judge, in the event of the creditor's default, whether or not it is attributable; the respective resolution is registered in the registry, for its purposes. In all cases, the cancellation may be required to be established by a marginal note in the copy of the title constituting the guarantee. EPISODE 2 Mortgage ARTICLE 2205.- Concept. The mortgage is the real guarantee right that falls on one or more individualized properties that are still in the possession of the constituent and that gives the creditor, in the event of the debtor's default, the powers of prosecution and preference to collect on the loan the guaranteed credit. ARTICLE 2206.- Legitimation. The holders of the real rights of domain, condominium, horizontal property, real estate groups and surface. ARTICLE 2207.- Undivided mortgage. A condominium owner can mortgage the thing for his undivided part. The mortgagee can execute the undivided part without waiting the result of the partition. As long as this mortgage remains, the extrajudicial partition of the condominium is unenforceable to the mortgagee who does not give express consent. ARTICLE 2208.- Form of the constitutive contract. The mortgage is constituted by public deed except as expressly provided by law to the contrary. Creditor acceptance It may be subsequent, provided it is granted with the same formality and prior to registration. ARTICLE 2209.- Determination of the object. The property that is subject to the mortgage must be determined by its location, perimeter measurements, area, boundaries, data registration, cadastral nomenclature, and as many specifications as necessary for their proper identification. ARTICLE 2210.- Duration of the inscription. The effects of the registration of the mortgage are preserved for a term of twenty years, if it is not renewed before. ARTICLE 2211.- Conventions for execution. The provisions of this Chapter do not prevent the validity of the conventions on foreclosure, recognized by special laws. CHAPTER 3 Antichresis ARTICLE 2212.- Concept. The antichresis is the real right of guarantee that falls on individual recordable things, whose possession is delivered to the creditor or to a third party designated by the parties, who is authorized to receive the fruits to impute them to a debt. ARTICLE 2213.- Legitimation. The holders of the real rights of domain, condominium, horizontal property, surface and usufruct may constitute antichresis. ARTICLE 2214.- Maximum term. The time of the antichresis cannot exceed ten years for real estate and five years for recordable personal property. If he constituent is the holder of a real right of lesser duration, the antichresis, ends its ownership. ARTICLE 2215.- Rights of the creditor. The creditor acquires the right to use the thing given in antichresis and to receive its fruits, which are first attributed to expenses and interest and then to capital, which must be reported to the debtor. ARTICLE 2216.- Duties of the creditor. The anti-creditor creditor must keep the thing. He can perceive the fruits and exploit it himself, or lease it; can inhabit the property or use the movable thing, charging as a result the rent that another would pay. Except as otherwise agreed, it cannot modify the destination or make any change that results in the debtor, after paying the debt, cannot exploit the thing of the the way it used to. The creditor must administer as provided by the rules of the mandate and is liable for the damages caused to the debtor. Failure to comply with these duties extinguishes the guarantee and forces the creditor to return the thing to the current legitimate holder. ARTICLE 2217.- Expenses. The holder of the encumbered object owes the creditor the necessary expenses for the conservation of the object, even if it does not subsist; but the creditor is obliged to pay the contributions and charges of the property. The creditor cannot claim useful expenses until the concurrence of the highest value of the object. ARTICLE 2218.- Duration of registration. The effects of the antichresis registry are kept for a term of twenty years for real estate and ten years for furniture registrable, if not renewed before. CHAPTER 4 Garment SECTION 1 General disposition ARTICLE 2219.- Concept. The pledge is the real right of guarantee on non-registrable movable things or instrumented credits. It is constituted by the owner or the whole of the co-owners, by contract formalized in a public or private instrument and tradition to the pledgee or a third party designated by the parties. This garment is governed by the provisions contained in this Chapter. ARTICLE 2220.- Pledge with registration. Likewise, a pledge with registration can be constituted to ensure the payment of a sum of money, or compliance of any kind. of obligations to which the contracting parties attribute, for the purposes of the collateral, a value consisting of a sum of money, on assets that must remain in power of the debtor or third party that has pledged them in security of a foreign debt. This garment is governed by special legislation. ARTICLE 2221.- Possession. The rights derived from the pledge only subsist while the affected property is in the possession of the creditor or the designated third party. I know It is said that the creditor or the third party continues in possession of the pledge when there is a loss or subtraction of it or it has been delivered to another with an obligation to return it. If the creditor loses possession of the thing, he can recover it from whoever has it, without excepting the constituent of the pledge itself. ARTICLE 2222.- Opposability. The pledge is not enforceable against third parties if it is not established by a public or private instrument of a certain date, whatever the amount of the credit. The instrument must mention the amount of the credit and contain the detailed designation of the pawned objects, their quality, weight, size, description of the documents and titles, and other data that serve to individualize them. ARTICLE 2223.- Successive garments. A new pledge may be constituted on the property pledged, in favor of another creditor, if the creditor in whose power is found agrees to possess it for both or if it is handed over to a third party in common interest. The priority among creditors is established by the date of their Constitution. However, the parties may, by declaration of their will formulated with precision and clarity, withdraw for the purposes of this rule and establish another priority order for your rights, in order to share the priority or authorize that it be shared. SECTION 2 Garment of things ARTICLE 2224.- Pledge of other people's things. If the creditor who receives a pledge of a foreign thing that he believes from the constituent returns it to the owner who claims it, he can demand the debtor the pledge delivery of another of equal value. If the debtor does not do so, the creditor can request the fulfillment of the main obligation even if it has a pending term; yes the credit is subject to condition article 2197 applies. ARTICLE 2225.- Fruits. If the pledged asset generates fruits or interests, the creditor must receive and impute them to the payment of the debt, first to expenses and interests and then to capital. The agreement to the contrary is valid. ARTICLE 2226.- Use and abuse. The creditor cannot use the pledge without the consent of the debtor, unless the use of the thing is necessary for its conservation; in no case can it abuse the use of the thing or harm it in any other way. Failure to comply with the provisions of the first paragraph of this article, entitles the debtor to: a) to give up the guarantee and that the thing be restored; b) request that the thing be put on deposit at the expense of the creditor; c) claim damages. ARTICLE 2227.- Expenses. The debtor owes to the creditor the expenses originated by the conservation of the pledged thing, although it does not subsist. The creditor cannot claim the useful expenses until the concurrence of the highest value of the thing. ARTICLE 2228.- Sale of the property pledged. If there is reason to fear the destruction of the pledge or a notable loss of its value, both the creditor and the constituent they can ask for the sale of the good. Likewise, the constituent can request the return of the garment by replacing it with another equivalent real guarantee and, if an occasion arises favorable for its sale, require judicial authorization to proceed, after hearing the creditor. The pawn can also be sold at the request of other creditors. In such case, as in the previous cases, the privilege of the pledgee is exercised over the price obtained. ARTICLE 2229.- Execution. The creditor can sell the pledge in public auction, duly announced ten days in advance in the newspaper of Legal publications of the jurisdiction that corresponds to the place where, according to the contract, the thing must be found. If the pledge consists of securities or other negotiable goods on stock exchanges or public markets, the sale can be made in the usual way in such markets, at the price of quotation. The parties may agree simultaneously with the constitution that: a) the creditor can be awarded the thing by estimating the value that is made of it at the time of maturity of the debt, as established by the expert that the parties designate either by the result of the established election procedure; failing that, the expert must be appointed by the judge at the simple request of the creditor; b) the sale can be made through a special procedure that they determine, which may consist of the appointment of a person to make it or the sale by the creditor or by a third party at prices that arise from a certain area of ​​negotiation or according to reports of current market values ​​at the time of disposal indicating one or more specialized business chambers or publications designated in the contract. In the absence of a stipulation to the contrary, these alternatives are optional for the creditor, together with those indicated in the first and second paragraphs of this article, as the case may be. The creditor may acquire the thing by purchase made at auction or private sale or by award. ARTICLE 2230.- Accountability. Once the sale is made, the creditor must be held accountable, which can be challenged judicially, but this does not affect the validity of the alienation. ARTICLE 2231.- Documents with incorporated rights. The pledge of securities is governed, where appropriate, by the rules of the pledge of things. SECTION 3 Pledge of credits ARTICLE 2232.- Ordered credits. The pledge of credits is the one that is constituted on any instrumented credit that can be assigned. The pledge is constituted even if the right is not incorporated into said instrument and although it is not necessary for the exercise of the rights related to the pledge credit. The rules on the pledge of things apply in addition. ARTICLE 2233.- Constitution. The pledge of credits is constituted when the debtor of the pledged credit is notified of the existence of the contract. ARTICLE 2234.- Conservation and collection. The pledgee must keep and collect, even judicially, the pledged credit. Mandate rules apply. If the benefit received by the pledgee consists of money, he must apply the received until he fully covers his right against the debtor and within the limits of the garment. If the benefit received is not monetary, the creditor must proceed with the sale of the thing, applying article 2229. ARTICLE 2235.- Option or declaration of the constituent. When the enforceability of the pledged credit depends on an option or declaration of the constituent, the creditor The pledge can make the respective declaration, on his own account if his own credit is required, and in common agreement with that one on the contrary. If the option or the declaration correspond to the debtor of the credit given in guarantee, they only take effect if they are communicated to the creditor and the pledge. Agreements to the contrary that are entered into by the pledgee and the constituent of the pledge. ARTICLE 2236.- Participation in a contract with reciprocal benefits. If the pledge credit originates from a contract with reciprocal benefits, in the event of breach of the liable pledge the creditor may forcibly transfer the participation of the former in said contract, subject to the applicable contractual limitations. If the transfer of the participation of the constituent is subject to the assent of the other party to such contract, and this is unjustifiably denied, it must be supplied by the judge. Participation means the set of rights and obligations derived from the contract. ARTICLE 2237.- Extinction. Once the pledge has been extinguished for any reason without the pledged credit having been extinguished, the creditor must return the evidentiary instrument of the pledged credit and notify the pledge of the pledge of the pledge. TITLE XIII Possession actions and real actions CHAPTER 1 Defenses of possession and tenure ARTICLE 2238.- Purpose of the possessory actions and injuries that enable them. Possession actions, depending on whether there is disturbance or disempowerment, are for the purpose maintain or recover the object on which you have a power relationship. They are granted before material acts, produced or of imminent production, executed with intention to take possession, against the will of the possessor or holder. There is confusion when the acts do not result in an absolute exclusion of the holder or the holder. There is disempowerment when acts have the effect of excluding absolutely to the possessor or the holder. The action is possessory if the facts by their nature cause the disempowerment or disturbance of the possession, even if the defendant claims that he does not contest the possession of the actor. Acts performed without intention to become possessor should not be judged as possessory action but as damage action. ARTICLE 2239.- Action to acquire possession or possession. A valid title does not give the possession or possession itself, but a right to require power over the thing. The one who he only has a right to possession or possession, he cannot take it; You must sue her through legal channels. ARTICLE 2240.- Extrajudicial defense. No one may maintain or regain possession or possession of his own authority, except when he must protect himself and repel a assault with the use of sufficient force, in cases where the aid of the judicial or police authority would come too late. The affected must recover it without time interval and without exceeding the limits of self-defense. This protection against all violence can also be exercised by the servants of the possession. ARTICLE 2241.- Action of dispossession. The dispossession action corresponds to recover the possession or the possession to all holder or possessor on a thing or a de facto universality, even if it is vicious, against the dispossessed, his heirs and private successors in bad faith, when acts of disempowerment result. The action can be brought even against the owner of the property if he takes the thing of his own authority. This action includes the disempowerment produced by the performance of a work that begins to be done on the object over which the actor exercises possession or tenure. The sentence that gives rise to the demand must order the restitution of the thing or the universality, or the removal of the work that begins to be done; has the effect of a thing judged material in everything that refers to possession or possession. ARTICLE 2242.- Action to maintain possession or possession. The action of maintaining tenure or possession corresponds to any holder or possessor of a thing or a universality in fact, even if it is vicious, against those who trouble him in whole or in part of the object. This action includes the confusion produced by the founded threat of suffering a disempowerment and the acts that announce the imminent completion of a work. The judgment that gives rise to the demand must order the cessation of the disturbance and adopt the pertinent measures to prevent it from happening again; has the effect of a thing judged material in everything that refers to possession or possession. ARTICLE 2243.- Proof. If it is doubtful who exercises the power relationship at the time of the injury, it is considered that the person who proves to be in contact with the thing in the date, closest to injury. If this proof does not occur, it is deemed that the holder or holder is the one who proves an older relationship of power. ARTICLE 2244.- Conversion. If during the course of the process an injury occurs greater than that determined by the promotion of the action, the affected party may request his conversion in which corresponds to the major injury, without the procedure being rolled back, except violation of the right of defense in court. ARTICLE 2245.- Legitimation. Possessive actions correspond to the possessors of things, universalities of fact or material parts of a thing. Any of the co-owners can exercise the possessory actions against third parties without the collaboration of the others, and also against them, if they exclude it or disturb the exercise of common possession. These actions do not proceed when the issue between co-owners only refers to the greater or lesser extent of each part. The holders can exercise the possessory actions for acts produced against the possessor and request that the latter be reinstated in the possession, and if he does not want to receive the thing, they are empowered to take it directly. ARTICLE 2246.- Process. Possession actions are processed through the most abbreviated knowledge process established by procedural laws or that determined by the judge, attending to the circumstances of the case. EPISODE 2 Defenses of real law SECTION 1 General disposition ARTICLE 2247.- Real actions. Real actions are the means to defend in court the existence, fullness and freedom of real rights against attacks that prevent their exercise. The real actions legislated in this Chapter are the claim, the confessional, the denial and the demarcation. The real actions are imprescriptible, without prejudice to the provisions on acquisitive prescription. ARTICLE 2248.- Purpose of the real actions and injury that enables them. The claim action has the purpose of defending the existence of the real right that is exercised by possession and corresponds to acts that produce disempowerment. Negative action is intended to defend the freedom of the real right that is exercised by possession and corresponds to acts that constitute a disturbance, especially given by the improper attribution of an easement or other inherent right to possession. The purpose of the confessional action is to defend the fullness of the real right and corresponds to acts that prevent the exercise of a servitude or other right inherent to the possession. The real shares are also the responsibility of the holders of the mortgage right on the real estate whose owners have been dispossessed or disturbed or prevented from exercising the rights inherent to possession. ARTICLE 2249.- Demand and judgment. For the progress of the real actions the ownership of the right must exist at the time of the demand and subsist at the time of the judgment. ARTICLE 2250.- Damage. The plaintiff can choose to demand the restoration of the real right or obtain compensation for the damage. If you choose to re-establish your right, you can claim additional compensation for the damage. If you choose to obtain compensation for the damage, you lose the right to exercise the real action. ARTICLE 2251.- Co-owners. Juged thing. The real shares are the responsibility of each of the co-owners against third parties or against the other co-owners. When the action is directed against the co-owners, it always is to the extent of the undivided party. When it is directed against third parties, it can have all or part of its object material of the thing, or it can be reduced to the extent of its undivided part. Restored the right to all or a material part of the object, the exercise for each owner it is limited to its undivided part. Res judicata extends its effects with respect to all those who could exercise their right of defense in court. The content of the judgment regarding the compensation of Harm takes advantage or harms only those who have intervened in the trial. SECTION 2 Claim action ARTICLE 2252.- Claim of things and universality of fact. The thing can be claimed in whole or in part material. It can also be universality indeed. ARTICLE 2253.- Non-claimed objects. Immaterial objects, indeterminable or fungible things, accessories are not vindicable if the thing is not claimed main, or future things at the time of restitution effective. ARTICLE 2254.- Non-claimed objects in automotive matters. Motor vehicles registered in good faith are not liable, unless they are stolen or stolen. Nor are stolen or stolen motor vehicles registered and owned in good faith for two years, provided there is an identity between the registry seat and identification codes stamped on the vehicle's chassis and engine. ARTICLE 2255.- Passive legitimation. The claim action must be directed against the possessor or holder of the object, even if it is in the name of the claimant. The holder of the thing on behalf of a third party can be released from the effects of the action if he individualizes the owner. If you do not individualize it, you are reached by the effects of the action, but the sentence does not do res judicata against the possessor. In the case of a stolen or stolen car, the action may be directed against the person who has it registered in his name, who must be compensated under the terms of the regime special. ARTICLE 2256.- Proof in the claim of real estate. Regarding the evidence in the claim of real estate, the following rules are observed: a) if the rights of the plaintiff and the defendant emanate from a common ancestor, the owner is presumed to be the first to be in possession of the thing, ignoring the obligation above, regardless of the date of the title; b) if the rights of the plaintiff and the defendant emanate from different predecessors, the title of the claimant after the defendant's possession is insufficient for the lawsuit prospers, even if the defendant does not present any title; c) if the rights of the plaintiff and the defendant emanate from different predecessors and the title of the claimant is prior to the possession of the defendant, it is presumed that this transferor was the possessor and owner of the claimed inheritance; d) if the rights of the plaintiff and the defendant emanate from different predecessors, without being able to establish which of them is the true owner, it is presumed that the who has possession. ARTICLE 2257.- Proof in the claim of registrable furniture. Regarding the evidence in the claim of movable, stolen or stolen movable things, when the defendant's registration is in bad faith, the following rules must be observed: a) Bad faith is presumed when the coincidence of the identifying elements of the thing is not verified according to the special regime and the documentation and registration status; b) The claimant must prove his right with the certi fi cate that proves his inscription in the respective registry. The defendant must equally justify the right that opposes; c) if the right invoked by the actor is not registered, it must justify its existence and the rectification, where appropriate, of the existing entries. If the defendant's right it lacks registration, it is incumbent on the latter to prove the one invoking the actor; d) If the plaintiff and the defendant present antecedents that justify the registry inscription, emanating from a common author, the one that proves the coincidence of the registry identification elements required by the special regime; e) if the plaintiff and the defendant present antecedents that justify the registry registration derived from different people, without being able to decide who the controversial law, it is presumed that it belongs to the one who has it registered. ARTICLE 2258.- Proof in the claim of non-registrable furniture. In the claim of non-registrable movable things: a) if the parties derive their rights from a common ancestor, the right of the one who first acquires the real right prevails; b) if the parties derive their rights from different ancestors, the right that derives from the oldest ancestor prevails. However, the right that always prevails it dates back to an original acquisition, albeit a more recent one; c) if the movable thing is transmitted without right and free of charge, the claim proceeds if the object is in the possession of the sub-purchaser, even if he is in good faith. ARTICLE 2259.- Right to reimbursement. If a stolen or lost non-registrable movable object is claimed from a bona fide holder, it cannot claim the vindicator the price paid, except that the object has been sold with others in a public sale, or in a house selling similar objects, or by whom used to sell them. If it is a stolen or lost recordable movable thing, and the registration is obtained in good faith, the claimant must reimburse the claimant for the amount paid. In case of reimbursement, the claimant has the right to repeat the payment against the alienator in bad faith. ARTICLE 2260.- Scope. The action claiming a non-registrable movable thing cannot be brought against the sub-purchaser of a real right in good faith and by way of title. onerous except legal provision to the contrary; however, the claimant can claim all or part of the unpaid price. The sub-purchaser of a real estate or of a registrable movable thing cannot rely on his good faith and onerous title, if the act is carried out without the intervention of the owner of the right. ARTICLE 2261.- Judgment. If the demand is admitted, the judge must order the restitution of the object, material part of it or its remains. Regarding compliance rules of the sentence, the rules of Chapter 3 of Title II of this Book apply. If it is a recordable movable thing and half inscription in favor of the expired one, the rectification of the registry entry must be ordered. SECTION 3 Negative action ARTICLE 2262.- Passive legitimation. The negative action is against anyone who impedes the right to own of another, even if he is the owner of the property, taking upon himself some undue servitude. It may also aim to reduce the exercise of a real right to its true limits. ARTICLE 2263.- Proof. It is sufficient for the plaintiff to prove his right to own or his mortgage, without having to prove that the property is not subject to the easement that is intended to be imposed or that is not constrained by the alleged duty inherent in possession. SECTION 4 Confessional action ARTICLE 2264.- Passive legitimation. The confessional action is against anyone who prevents the rights inherent in the possession of another, especially their active easements. ARTICLE 2265.- Proof. It is sufficient for the actor to prove his right to own the dominant property and his active easement if an easement is prevented; and your right to own the property if the exercise of other rights inherent to possession is prevented; if you are a mortgagee and demand against the inaction of the owner, you have the burden of proving your mortgage right. SECTION 5 Boundary action ARTICLE 2266.- Purpose of the demarcation action. When there is a state of uncertainty about the exact place where the dividing line between buildings must pass contiguous, the demarcation action allows to fix it in a certain way, after previous investigation based on titles and antecedents, and to demarcate the limit on the ground. There is no demarcation action, but a claim when there is no uncertainty but rather a questioning of the limits. ARTICLE 2267.- Active and passive legitimation. The holder of a real right over a property not separated from another by buildings, walls, fences or permanent works, can to demand of the neighboring ones, that they concur with him, to fix landmarks that are missing or removed or to demarcate in another way the dividing line. Other holders may be cited that they are so as real rights, so that they intervene in the trial. The action can be directed against the State when it comes to private property. The delimitation of public domain assets corresponds to the administrative jurisdiction. ARTICLE 2268.- Evidence and sentence. Each of the parties must provide titles and background in order to prove the extent of the respective rights, while the judge You must weigh the various elements to pass judgment establishing a separative line. If it is not possible to determine it by the vestiges of ancient limits, by the titles or possession, the judge must distribute the confused area among the adjoining ones as, based on what he considers appropriate. CHAPTER 3 Relationships between possessory actions and real actions ARTICLE 2269.- Prohibition to accumulate. Real shares cannot be accumulated with possessory shares. ARTICLE 2270.- Independence of the shares. In possession actions, the proof of the real right is useless, but the judge can examine the titles presented for appreciate the nature, extent and effectiveness of possession. ARTICLE 2271.- Suspension of the real action. Once the possessory judgment has begun, the actual action cannot be admitted or continued before the possessory instance has finished. ARTICLE 2272.- Previous fulfillment of sentences. Whoever is defeated in the possessory judgment, cannot begin the real action without having fully satisfied the condemnations pronounced against him. ARTICLE 2273.- Actions for the same fact. The holder of a real right can file the real action that corresponds to him or use the possessory action; if you try the first, it loses the right to promote the second; but if you bring the possessory action, you can start the real one later. ARTICLE 2274.- Actions for different facts. The plaintiff in the real action cannot initiate possession actions for injuries prior to the promotion of the lawsuit, but the defendant can do it. ARTICLE 2275.- Mutual disturbances or disempowerments. If the facts constitute reciprocal disturbances or disempowerments, who is convicted in action Possessor and complies with the restitution judgment, may in turn file or continue the possessory or actual action regarding the previous fact. ARTICLE 2276.- Subsequent events. The promotion of the real action does not prevent the parties from deducing actions for the defense of possession and possession by facts later. BOOK FIVE TRANSMISSION OF RIGHTS DUE TO DEATH TITLE I Successions CHAPTER 1 General disposition ARTICLE 2277.- Opening of the succession. The real or presumed death of a person causes the opening of his succession and the transmission of his inheritance to the called persons to succeed him by will or by law. If the will only partially disposes of the assets, the rest of the inheritance is deferred by law. The inheritance includes all the rights and obligations of the deceased that are not extinguished by his death. ARTICLE 2278.- Heir and legatee. Concept. Heir is the person to whom the universality is transmitted or an undivided part of the inheritance; legatee who receives a particular good or a set of them. ARTICLE 2279.- People who can happen. They can happen to the causer: a) the human persons existing at the time of their death; b) those conceived at that time that are born alive; c) those born after their death using assisted human reproduction techniques, with the requirements established in article 561; d) the legal entities existing at the time of his death and the foundations created by his will. ARTICLE 2280.- Situation of the heirs. Since the deceased's death, the heirs have all the rights and actions of the deceased in an undivided manner, with the exception of which are not transmissible by succession, and continue in the possession of what the deceased was the holder. If they are instituted under a suspensive condition, they are in that situation as of the fulfillment of the condition, without prejudice to the corresponding conservatory measures. In principle, they are liable for the debts of the deceased with the goods they receive, or with their value if they have been disposed of. EPISODE 2 Indignity ARTICLE 2281.- Causes of unworthiness. They are unworthy to happen: a) the perpetrators, accomplices or participants in a malicious crime against the person, the honor, the sexual integrity, the freedom or the property of the deceased, or of his descendants, ascendants, spouse, partner or siblings. This cause of indignity is not covered by the extinction of the criminal action or by the penalty; b) those who have seriously mistreated the deceased, or seriously offended his memory; c) those who have accused or denounced the deceased for a crime punishable by imprisonment or seclusion, except that the victim of the crime is the accuser, his or her spouse or partner, descendant, ascendant or brother, or has acted in compliance with a legal duty; d) those who omit the complaint of the intentional death of the deceased, within one month of the occurrence, except that before that term the justice proceeds by reason of another complaint or of fi ce. This cause of indignity does not reach the incapable or people with restricted capacity, nor the descendants, ascendants, spouse and siblings of the murderer or his accomplice; e) the relatives or the spouse who have not provided the deceased with the due food, or have not collected it in an adequate establishment if they could not fend for themselves same; f) the extramarital father who has not voluntarily recognized the deceased during his minor age; g) the father or mother of the deceased who has been deprived of parental responsibility; h) those who have induced or curtailed the will of the deceased to grant a will or stop doing it, or modify it, as well as those who falsify, alter, subtract, hide or replace the will; i) those who have incurred the other causes of ingratitude that allow the donations to be revoked. In all the alleged statements, the proof that the unworthy person is imputable to the injurious fact, without the need for a criminal conviction, is sufficient. ARTICLE 2282.- Forgiveness of unworthiness. The forgiveness of the deceased causes the indignity to cease. The will in which the unworthy are benefited, after the acts of unworthiness, it involves forgiveness, unless proven ignorance of such facts by the testator. ARTICLE 2283.- Exercise of the action. The exclusion of the unworthy can only be sued after the succession is opened, at the request of whoever claims the rights attributed to the unworthy. The defendant can also oppose it as an exception for reduction, collation or inheritance request. The action may be directed against the successors for free of the unworthy and against their private successors for consideration in bad faith. It is considered in bad faith who knows the existence of the cause of unworthiness. ARTICLE 2284.- Expiration. The right to exclude the unworthy heir expires for the course of three years from the opening of the succession, and the unworthy legatee equally term from the delivery of the legacy. However, the defendant for the unworthy for reduction, collation or petition for inheritance, can invoke the unworthiness at all times. ARTICLE 2285.- Effects. Legally admitted exclusion, the unworthy must return the goods received, applying the provisions for the holder in bad faith. Should also pay interest on the sums of money received, even if you have not received them. The rights and obligations between the unworthy and the deceased are reborn, as well as the guarantees that ensured them. TITLE II Acceptance and renunciation of the inheritance CHAPTER 1 Right of option ARTICLE 2286.- Time of acceptance and resignation. Future inheritances cannot be accepted or waived. ARTICLE 2287.- Freedom to accept or resign. Every heir can accept or renounce the inheritance that is deferred to him, but cannot do so on the part of the inheritance or subject your option to modalities. Partial acceptance implies that of the whole; acceptance under modalities is considered not done. ARTICLE 2288.- Expiration of the right of option. The right to accept the inheritance expires ten years after the opening of the succession. The heir who has not Accepted within that period is considered to be a waiver. The term for the people called to succeed in the absence of a preferred heir who accepts the inheritance and is later excluded from it, runs from the exclusion. ARTICLE 2289.- Intimation to accept or resign. Any interested party can judicially request that the heir be intimidated to accept or renounce the inheritance in a term not less than one month and not more than three months, renewable once for just cause. Once the term has elapsed without having responded to the notice, it is considered accepting. The notice may not be made until nine days after the death of the deceased, without prejudice to the interested parties requesting the necessary measures to protect Your rights. If the heir has been instituted under suspensive condition, the summons can only be made once the condition has been fulfilled. ARTICLE 2290.- Transmission of the option right. If the heir dies without having accepted or renounced the inheritance, the right to do so is transferred to his heirs. If the latter do not agree to accept or renounce the inheritance deferred to its deceased, those who accept it acquire all the rights and obligations that correspond to this one. The renunciation of the inheritance of the deceased deceased without accepting or renouncing an inheritance deferred to him, also implies the renunciation of it. ARTICLE 2291.- Effects. The exercise of the right of option has retroactive effect to the day of the opening of the succession. ARTICLE 2292.- Action of the heir's creditors. If the heir renounces the inheritance to the detriment of his creditors, they can be judicially authorized to accept it on your behalf. In such case, the acceptance only takes place in favor of the creditors who formulate it and up to the concurrence of the amount of their credits. EPISODE 2 Acceptance of inheritance ARTICLE 2293.- Forms of acceptance. The acceptance of the inheritance can be express or tacit. It is express when the heir takes the quality of such in an act granted by public or private instrument; it is tacit if it grants an act that necessarily implies its intention to accept and that it cannot have performed except as an heir. ARTICLE 2294.- Acts that imply acceptance. They imply acceptance of the inheritance: a) the initiation of the successor judgment of the deceased or the presentation in a trial in which the quality of heir or rights derived from such quality is sought; b) the disposition for consideration or free of charge of an asset or the exercise of possessory acts on it; c) the occupation or habitation of real estate of which the deceased was the owner or owner after one year of death; d) the fact of not opposing the lack of acceptance of the inheritance in case of having been sued as heir; e) the transfer of hereditary rights, whether for consideration or free of charge; f) the renunciation of the inheritance in favor of one or some of his heirs, even if it is free; g) the renunciation of the inheritance for a price, even if it is in favor of all its joint heirs. ARTICLE 2295.- Forced acceptance. The heir who conceals or subtracts assets from the inheritance is considered an acceptor with unlimited liability, loses the right to renounce, and has no part in what has been the object of its concealment or subtraction. In the event that you cannot restore the thing, you must restore its value, estimated at the time of restitution. ARTICLE 2296.- Acts that do not imply acceptance. They do not imply acceptance of the inheritance: a) purely conservative, supervisory or provisional administration acts, as well as those that are necessary due to exceptional circumstances and are executed in the interest of the succession; b) the payment of the funeral expenses and the last illness, the taxes owed by the deceased, the rents and other debts whose payment is urgent; c) the distribution of clothes, personal documents, decorations and diplomas of the deceased, or family memories, made with the agreement of all the heirs; d) the collection of the income from the assets of the inheritance, if they are used in the payments referred to in subsection b) or are deposited with a notary public; e) the sale of perishable goods made before the appointment of the administrator, if the destination provided in subsection d) of this article is given to the price; in case of no being able to find a buyer in useful time, its donation to social welfare entities or its distribution among all the heirs; f) the sale of goods whose preservation is expensive or are likely to devalue quickly, if the destination provided in subsection d) is given at the price. In the last three cases, the person who has received the income or the price of sales is subject to the obligations and responsibilities of the administrator of other people's assets. ARTICLE 2297.- Acceptance by an incapable person or person with restricted capacity. The acceptance of the inheritance by the legal representative of an incapable person never It can compel the latter to pay the succession debts beyond the value of the assets attributed to it. The same rule applies to the acceptance of inheritance by a person with restricted capacity, even if they have acted with assistance, or by their legal or conventional representative. CHAPTER 3 Waiver of inheritance ARTICLE 2298.- Power to resign. The heir may renounce the inheritance as long as there has been no act of acceptance. ARTICLE 2299.- Form of resignation. The resignation of the inheritance must be expressed in a public deed; It can also be done in a judicial document incorporated into the judicial file, provided that the computer system ensures the inalterability of the instrument. ARTICLE 2300.- Retraction of the resignation. The resigning heir can retract his resignation as long as his right of option has not expired, if the inheritance has not been accepted by other heirs nor has the State been put in possession of the property. The retraction does not affect the rights acquired by third parties over the assets of the heritage. ARTICLE 2301.- Effects of resignation. The resigning heir is considered as if he had never been called to the inheritance, without prejudice to the opening of the right of representation in cases where this Code takes place. TITLE III Assignment of inheritance ARTICLE 2302.- Moment from which it produces effects. The transfer of the right to an inheritance already deferred or to an undivided part of it has effects: a) between the contracting parties, since its conclusion; b) regarding other heirs, legatees and creditors of the transferor, since the public deed is incorporated into the succession file; c) with respect to the debtor of an inheritance credit, since the assignment is notified. ARTICLE 2303.- Extension and exclusions. The transfer of inheritance includes the advantages that may subsequently result from collation, by waiving provisions individuals of the will, or by the expiration of these. Does not understand, except otherwise agreed: a) the subsequent increase due to a cause other than those expressed, such as the resignation or exclusion of a joint heir; b) what was previously accrued for an unknown cause at the time of the transfer; c) the rights over the graves, the private documents of the deceased, honorary distinctions, portraits and family memories. ARTICLE 2304.- Rights of the transferee. The assignee acquires the same rights that corresponded to the transferor in the inheritance. Likewise, you have the right to participate in the full value of the assets that were taxed after the opening of the succession and before the transfer, and in the value of those that were consumed in the same period or they alienated, with the exception of the fruits received. ARTICLE 2305.- Guarantee for eviction. If the assignment is onerous, the assignor guarantees the assignee its quality of heir and the undivided part that corresponds to it in the inheritance, except that your rights have been transferred as litigious or doubtful, without intent on your part. Not responsible for the eviction or for the vices of the assets of the inheritance, unless otherwise agreed. In the rest, its responsibility is governed by the rules regarding the transfer of rights. If the transfer is free, the transferor only responds in cases where the donor is responsible. Your liability is limited to damage caused in bad faith. ARTICLE 2306.- Effects on confusion. The assignment does not produce any effect on the extinction of the obligations caused by confusion. ARTICLE 2307.- Obligations of the assignee. The assignee must reimburse the transferor what he pays for his part in the debts and charges of the succession until the concurrence of the value of the portion of the inheritance received. The particular charges of the transferor and the taxes that are imposed on the hereditary transfer are in charge of the transferee if they are unpaid at the time of the transfer. ARTICLE 2308.- Post-community indivision. The provisions of this title apply to the transfer of the rights that correspond to a spouse in the indivision post-community that occurs due to the death of the other spouse. ARTICLE 2309.- Assignment of certain assets. The transfer of rights over certain assets that are part of an inheritance is not governed by the rules of this Title, but for those of the corresponding contract, and its effectiveness is subject to the asset being attributed to the transferor in the partition. TITLE IV Inheritance petition ARTICLE 2310.- Provenance. The inheritance request proceeds to obtain the total or partial delivery of the inheritance, based on the recognition of the quality of the heir of the actor, against whom he is in material possession of the inheritance, and invokes the title of heir. ARTICLE 2311.- Imprescriptibility. The inheritance request is imprescriptible, without prejudice to the acquisitive prescription that can operate in relation to singular things. ARTICLE 2312.- Restitution of assets. Once the petition for inheritance is accepted, the apparent heir must return what he received without right in the succession, including things of which the deceased was the holder and those over which he exercised the right of retention. If restitution in kind is not possible, you must pay damages. The assignee of the hereditary rights of the apparent heir is equated to him in relations with the plaintiff. ARTICLE 2313.- Applicable rules. The provisions on the claim regarding the obligations of the holder in good or bad faith, apply to the inheritance request, expenses, improvements, appropriation of fruits and products, responsibility for losses and deterioration. The holder of bad faith is the one who knows or should have known of the existence of preferred or concurrent heirs who ignored his calling. ARTICLE 2314.- Rights of the apparent heir. If the apparent heir satisfies the deceased's obligations with non-inheritance assets, he has the right to be reimbursed by the heir. ARTICLE 2315.- Acts of the apparent heir. The acts of administration of the apparent heir carried out until the notification of the request for petition of inheritance, except that there was bad faith in you and the third party with whom you contracted. Acts of disposition for consideration for third parties that ignore the existence of heirs with a better or equal right than the apparent heir are also valid, or that its rights are judicially controversial. The apparent heir in good faith must reimburse the heir the price received; the one in bad faith must compensate any damage that has been caused. TITLE V Responsibility of the heirs and legatees. Liability settlement ARTICLE 2316.- Preference. The creditors for the debts of the deceased and for charges of the succession, and the legatees are entitled to the collection of their credits and bequests on the assets of the inheritance, with preference over the creditors of the heirs. ARTICLE 2317.- Responsibility of the heir. The heir is bound by the debts and legacies of the succession only until the concurrence of the value of the property hereditary received. In case of plurality of heirs, they respond with the undivided hereditary mass. ARTICLE 2318.- Legacy of universality. If the legacy is of a universality of assets and debts, the legatee is only obliged to pay the debts included in that up to the value of the goods received, without prejudice to the subsidiary action of the creditors against the heirs and the other legatees in case of insufficiency of the goods of universality. ARTICLE 2319.- Action against the legatees. The deceased's creditors have action against the legatees up to the value of what they receive; this action expires a year counted from the day they collect their legacies. ARTICLE 2320.- Refund. The heir or legatee who pays a portion of the debts or legacies greater than his share has action against his joint heirs or colleagues for the reimbursement of the surplus, and up to the limit of the part that each of them had to bear personally, even in case of subrogation of rights from which you receive payment. ARTICLE 2321.- Responsibility with own goods. Responds with his own assets for the payment of the debts of the deceased and charges of the inheritance, the heir who: a) it does not carry out the inventory within a period of three months since the creditors or legatees judicially intimidate it to carry it out; b) fraudulently hides the assets of the succession omitting their inclusion in the inventory; c) intentionally exaggerates the inheritance liability; d) alienates assets of the succession, unless the act is convenient and the price obtained enters the estate. ARTICLE 2322.- Priority of the heir's creditors over the heir's assets. In the cases provided for in article 2321, on the assets of the heir, the The heir's creditors charge according to the following range: a) for the credits originated before the opening of the succession, with preference with respect to the creditors of the deceased and the legatees; b) for credits originated after the opening of the succession they concur pro rata with the creditors of the deceased. TITLE VI Undivided status CHAPTER 1 Extrajudicial administration ARTICLE 2323.- Applicability. The provisions of this Title apply in any succession in which there is more than one heir, from the death of the deceased to the partition, if there is no designated administrator. ARTICLE 2324.- Conservatory acts and urgent measures. Any of the heirs can take the necessary measures for the conservation of the undivided assets, using for this purpose the undivided funds in their possession. In the absence of them, you can compel the joint heirs to contribute to the payment of the necessary expenses. ARTICLE 2325.- Acts of administration and disposition. The acts of administration and disposition require the consent of all the joint heirs, who they can give one or more of them or third parties a general administration mandate. Express powers are necessary for any act that exceeds the normal exploitation of undivided assets and for the contracting and renewal of locations. If one of the joint heirs takes over the administration with knowledge of the others and without opposition from them, it is considered that there is a tacit mandate for the acts of administration that does not require express powers in the terms of the previous paragraph. ARTICLE 2326.- Absence or impediment. The acts granted by a joint heir on behalf of another who is absent, or temporarily prevented, are governed by the business management rules. ARTICLE 2327.- Urgent measures. Even before the opening of the succession judicial process, at the request of a joint heir, the judge can order all urgent measures. that requires the common interest, among them, to authorize the exercise of rights derived from securities, shares or company quotas, the perception of undivided funds, or the granting of acts for which the consent of the other successors is necessary, if their refusal endangers the common interest. Likewise, it can designate a provisional administrator, prohibit the movement of movable things, and attribute to one or another of the joint heirs the personal use of them. ARTICLE 2328.- Use and enjoyment of assets. The heir can use and enjoy the undivided thing according to his destiny, to the extent compatible with the rights of others partners. If there is no agreement between the interested parties, the exercise of this right must be regulated, provisionally, by the judge. The partner who uses privately the undivided thing is obliged, unless otherwise agreed, to satisfy an indemnity, since it is required. ARTICLE 2329.- Fruits. The fruits of the undivided assets accrue to the indivision, except when there is a provisional partition. Each of the heirs is entitled to the benefits and bears the losses proportionally to his part in the indivision. EPISODE 2 Forced indivision ARTICLE 2330.- Indivision imposed by the testator. The testator may impose on his heirs, even legitimate, the division of the inheritance for a period not exceeding ten years. You can also provide that you remain undivided for that period or, in the case of minor heirs, until all of them reach the age of majority: a) a specific good; b) a commercial, industrial, agricultural, livestock, mining, or any other establishment that constitutes an economic unit; c) the social parts, quotas or shares of the company of which it is the main partner or shareholder. In all cases, any term greater than the maximum allowed is understood to be reduced to this one. The judge may authorize the total or partial division before the expiration of the term, at the request of a joint heir, when serious circumstances or reasons of manifest utility occur. ARTICLE 2331.- Pact of indivision. The heirs may agree that the division between them will last totally or partially for a period not exceeding ten years, without prejudice of the provisional partition of use and enjoyment of the goods between the partners. If there are heirs incapable or with restricted capacity, the agreement concluded by their legal representatives or with the participation of the people who assist them requires judicial approval. These agreements can be renewed for the same term at the end of the previously established. Any of the joint heirs can request the division before the expiration of the term, provided there are justified causes. ARTICLE 2332.- Opposition of the spouse. If there is a commercial, industrial, agricultural, livestock, mining or other establishment in the hereditary heritage that constitutes an economic unit, or social parts, quotas or shares of a society, the surviving spouse who has acquired or constituted all or part of the establishment or who is the main partner or shareholder of the company, you can oppose their inclusion in the partition, except that they may be awarded in your lot. The spouse who did not acquire or constitute the establishment but who actively participates in its exploitation has the same right. In these cases, the indivision is maintained for up to ten years from the death of the deceased, but can be judicially extended at the request of the surviving spouse until his death. During the indivision, the administration of the establishment, of the social shares, quotas or shares corresponds to the surviving spouse. At the request of any of the heirs, the judge can authorize the cessation of the indivision before the fixed term, if there are serious or manifest economic benefits. that justify the decision. The surviving spouse may also object to the dwelling that has been the habitual residence of the spouses at the time of the deceased's death and that has been acquired or Fully or partially built with community funds, with its furniture, is included in the partition, while he survives, except it may be awarded to him in his lot. The heirs can only request the cessation of the indivision if the surviving spouse has assets that allow him to find another home sufficient for his needs. ARTICLE 2333.- Opposition of an heir. In the same circumstances as those established in article 2332, an heir can oppose inclusion in the partition of the establishment that constitutes an economic unit if, before the death of the deceased, it has actively participated in the exploitation of the company. ARTICLE 2334.- Opposability against third parties. Creditors' rights. To be opposable to third parties, the indivision authorized by articles 2330 to 2333 that includes Recordable assets must be registered in the respective registers. During the undivision, the co-heirs' creditors cannot execute the undivided property or an ideal portion of it, but they can collect their credits with the profits of the holding corresponding to its debtor. The indivisions do not prevent the right of the deceased's creditors to collect their credits on the undivided assets. TITLE VII Succession process CHAPTER 1 General disposition ARTICLE 2335.- Object. The purpose of the succession process is to identify the successors, determine the content of the inheritance, collect the credits, pay the debts, legacies and charges, render accounts and deliver the goods. ARTICLE 2336.- Competition. The competence to understand in the succession judgment corresponds to the judge of the last domicile of the deceased, without prejudice to the provisions of the Section 9a, Chapter 3, Title IV of the Sixth Book. The same judge is aware of the actions to request inheritance, nullity of the will, of other disputes that take place due to the administration and liquidation of the inheritance, of the execution of the testamentary dispositions, of the maintenance of the indivision, of the partition operations, of the guarantee of the lots between the partners and reform and nullity of the partition. If the deceased leaves only an heir, the personal actions of the deceased's creditors may be directed, at their option, before the judge of the deceased's last domicile or before the one that corresponds to the domicile of the sole heir. EPISODE 2 Investiture of the quality of heir ARTICLE 2337.- Full investiture. If the succession takes place between ancestors, descendants and spouse, the heir is invested as such from the day of the death of the deceased, without any formality or intervention of the judges, although he ignores the opening of the succession and his call to inheritance. Can exercise all the transmissible actions that corresponded to the deceased. However, for the purposes of the transfer of the registrable assets, its investiture must be recognized through the judicial declaration of heirs. ARTICLE 2338.- Judicial powers. In the succession of collaterals, it is up to the judge of the succession judgment to invest the heirs of their character as such, prior justification of the deceased's death and the hereditary title invoked. In testamentary successions, the investiture results from the declaration of formal validity of the will, except for the heirs listed in the first paragraph of the article 2337. ARTICLE 2339.- Probate succession. If the deceased has left a will by public act, it must be presented to him or the place where he is located must be indicated. If the will is holographic, it must be presented judicially so that it can proceed, after opening if closed, to record the status of the document, and to the verification of the authenticity of the deed and the signature of the testator, by means of calligraphic expertise. Once these procedures are completed, the judge must sign the beginning and end of each one of its pages and send to protocolize it. Likewise, if any interested party requests it, they must be given a certified copy of the will. The protocol does not prevent them from being The authenticity or validity of the will is contested through contentious process. ARTICLE 2340.- Intestate succession. If there is no will, or it does not have all the assets, the interested party must state whether the right they are seeking is exclusive, or if other heirs concur. Once the death has been justified, the heirs denounced in the file are notified, and the summons of heirs, creditors and all those considered with right to the goods left by the deceased, by edict published for one day in the official publication journal, to be accredited within thirty days. CHAPTER 3 Inventory and appraisal ARTICLE 2341.- Inventory. The inventory must be made with the summons of the heirs, creditors and legatees whose domicile is known. The inventory must be carried out within a period of three months after the creditors or legatees have judicially intimidated the heirs to carry it out. ARTICLE 2342.- Complaint of assets. By the unanimous will of the co-owners of the undivided estate, the inventory can be replaced by the complaint of goods, except that the inventory has been requested by creditors or is imposed by another provision of the law. ARTICLE 2343.- Assessment. The valuation must be done by whoever the co-owners of the undivided estate designate, if they agree and are all fully capable or, in otherwise, by whom the judge designates, according to local law. The value of the assets must be set to the closest possible time to the act of partition. ARTICLE 2344.- Challenges. The co-owners of the undivided estate, the creditors and legatees can totally or partially challenge the inventory and the appraisal or property complaint. If it is shown that it is not in accordance with the value of the assets, the total or partial retention of the assets is ordered. CHAPTER 4 Judicial administration of the succession SECTION 1 Appointment, rights and duties of the administrator ARTICLE 2345.- Capacity. Fully capable human persons, and legal persons authorized by law or statutes to administer the property of others, they can hold the position of administrator. ARTICLE 2346.- Appointment of administrator. The co-owners of the undivided estate may appoint administrator of the estate and provide a way to replace it. TO Lack of majority, any of the parties can judicially request their appointment, which should preferably fall, if there are no reasons that justify another decision, on the surviving spouse and, in default, resignation or lack of suitability of the latter, in any of the heirs, unless there are special reasons for doing so inconvenience, in which case you can designate a stranger. ARTICLE 2347.- Designation by the testator. The testator may designate one or more administrators and establish the mode of their replacement. The testator has been expressly appointed as expressly appointed as such, or has been appointed as liquidator of the succession, executor, executor testamentary or otherwise. ARTICLE 2348.- Plurality of administrators. In the case of a plurality of administrators, the position is exercised by each of the named in the order in which they are appointed, except that the designation has provided that they must act together. In case of joint appointment, if there is an impediment to any of them, the others can act alone for conservatory and urgent acts. ARTICLE 2349.- Remuneration and expenses. The administrator has the right to be reimbursed for the necessary and useful expenses carried out in the fulfillment of his function. You are also entitled to remuneration. If it has not been fixed by the testator, and there is no agreement between the administrator and the co-owners of the undivided estate, it must be determined by the judge. ARTICLE 2350.- Guarantees. The administrator is not obliged to guarantee the fulfillment of his obligations, except that the testator or the majority of the co-owners of the undivided mass demands it, or that the judge orders it at the request of the interested party to demonstrate the need for the measure. If the guarantee is required, the administrator fails to constitute it or refuses to do so within the period set by the judge, must be removed from office. ARTICLE 2351.- Removal. Any interested party may request the judge to remove the administrator if there is an impossibility of exercising the position or its poor performance. While processing the request, which is substantiated by the shortest route allowed by procedural legislation, he continues in the exercise of his functions if the judge does not decide to appoint a provisional administrator. ARTICLE 2352.- Urgent measures. If the administrator has not been appointed yet, refuses the position, delays accepting it or must be replaced, any interested party can request urgent measures to ensure your rights, such as the inventory faction, the deposit of goods, and any other measure that the judge considers appropriate to their security or the appointment of provisional administrator. The expenses caused by these measures are borne by the undivided mass. SECTION 2 Administrator functions ARTICLE 2353.- Administration of goods. The administrator must perform the conservatory acts of the assets and continue the normal course of business of the deceased. It can, by itself, dispose of movable things that are liable to perish, to depreciate rapidly, or whose preservation is manifestly onerous. For the alienation of other assets, requires unanimous agreement of the heirs or, failing that, judicial authorization. In addition to managing the assets of the inheritance, it must promote its realization to the extent necessary for the payment of debts and bequests. ARTICLE 2354.- Collection of credits and legal actions. Prior to judicial authorization or from the partners, if they are fully capable and present, the administrator must collect the debtor's credits, continue the actions promoted by him, initiate those that are necessary to enforce his rights, and appear in the processes in which the cause was sued. In no case can you carry out acts that matter the disposition of the rights of the deceased. ARTICLE 2355.- Accountability. Unless the majority of the co-owners of the undivided estate have agreed on another term, the estate manager must render accounts of its administration quarterly, or with the periodicity that the judge establishes. CHAPTER 5 Payment of debts and bequests ARTICLE 2356.- Presentation of the creditors. Hereditary creditors who are not collateral holders must present themselves to the succession and denounce their credits in order to be paid. Credits whose amounts are not definitively fixed are reported provisionally on the basis of an estimate. ARTICLE 2357.- Declaration of legitimate subscription. The heirs can recognize the decedent's creditors who request the declaration of legitimate payment of their credits. Once such statement is issued by the judge, the recognized creditor must be paid according to the order established by the following article. In the absence of express recognition and unanimous of the heirs, the creditor is empowered to deduct the corresponding shares. ARTICLE 2358.- Payment procedure. The administrator must pay the creditors presented according to the rank of preference of each credit established in the law of contests. Once the creditors are paid, the legacies are fulfilled, within the limits of the available portion, in the following order: a) those who have preference granted by the will; b) those of a certain and determined thing; c) the other legacies. If there are several of the same category, they are paid pro rata. ARTICLE 2359.- Guarantee of the creditors and legatees of the succession. Creditors of the deceased, creditors for mass charges and legatees may oppose upon the delivery of the goods to the heirs until the payment of their credits or bequests. ARTICLE 2360.- Insolvent undivided mass. In case of patrimonial imbalance or insufficiency of the hereditary asset, the co-owners of the estate can petition the opening of the preventive bankruptcy or declaration of bankruptcy of the undivided estate, in accordance with the provisions of bankruptcy legislation. Equal right, and according to the The same regulations are the responsibility of the creditors. CHAPTER 6 Conclusion of the judicial administration ARTICLE 2361.- Definitive account. After administration, the administrator must present the final account. ARTICLE 2362.- Form of the account. If all the co-owners of the undivided mass are fully capable and agree, accountability is done privately, leaving the expenses in charge of the undivided mass. Otherwise, it must be done judicially. The co-owners of the undivided mass must be given sight of it, who can challenge it. TITLE VIII Partition CHAPTER 1 Partition action ARTICLE 2363.- Conclusion of the indivision. Hereditary indivision only ceases with partition. If the partition includes recordable assets, it is opposable to third parties from its inscription in the respective registers. ARTICLE 2364.- Legitimation. The co-owners of the undivided estate and the assignees of their rights can request the partition. They can also do it, by subrogation, its creditors, and the beneficiaries of bequests or charges that weigh on an heir. In the event of the death of an heir, or the transfer of his rights to several people, any of the heirs or assigns can request the partition; but if all of them they do, they must unify their representation. ARTICLE 2365.- Opportunity to request it. The partition can be requested at any time after the inventory and appraisal of the goods are approved. However, any of the partners can request that the partition be postponed totally or partially for the time set by the judge if its immediate realization can result in damage to the value of undivided assets. ARTICLE 2366.- Conditional heirs. The heirs instituted under suspensive condition cannot request partition while the condition is not fulfilled, but the joint heirs may request it, ensuring the right of the conditional heirs. Those instituted under a resolutory condition may request partition, but they must ensure the right of those who replace them when the condition is fulfilled. ARTICLE 2367.- Partial partition. If a part of the goods is not capable of immediate division, the partition of those that are currently partable can be requested. ARTICLE 2368.- Prescription. The inheritance partition action is imprescriptible as long as the indivision continues, but there is a long acquisitive prescription of the assets individual if the division has in fact ceased because any of the partners has intervened their title, owning them as sole owner, during the period established the law. EPISODE 2 Ways to partition ARTICLE 2369.- Private partition. If all the partners are present and fully capable, the partition can be done in the form and by the act that by unanimously judge appropriate. The partition can be total or partial. ARTICLE 2370.- Provisional partition. The partition is considered merely provisional if the partners have only made a division of the use and enjoyment of the assets of the inheritance, leaving property undivided. The provisional partition does not prevent the right to request the definitive partition. ARTICLE 2371.- Judicial partition. The partition must be judicial: a) if there are incapable, restricted or absent partners; b) if third parties, based on a legitimate interest, object to the partition being done privately; c) if the partners are fully capable and do not agree to do the partition privately. ARTICLE 2372.- Tender. Any of the partners can request the tender of any of the assets of the inheritance to be awarded within their daughter for a value higher than the appraisal, if the other partners do not exceed their offer. Once the bidding process has been carried out between the heirs, the bidding property must be imputed to the purchaser's daughter, for the value obtained in the bidding, thus being modified. the appraisal of that good. The offer can be made by two or more partners, in which case the property is awarded jointly to the bidders, and is proportionally imputed in the hijuela of each one from them. The tender cannot be requested after thirty days of the approval of the appraisal. ARTICLE 2373.- Partidor. The judicial partition is made by one party or by several who act together. In the absence of unanimous agreement of the partners for their appointment, the appointment must be made by the judge. ARTICLE 2374.- Principle of partition in kind. If it is possible to divide and allocate the goods in kind, none of the partners can demand their sale. Otherwise, the goods must be sold and the product obtained must be distributed. Part of the goods can also be sold if necessary to enable batch formation. ARTICLE 2375.- Anti-economic division. Even if the goods are divisible, they should not be divided if it makes the use of the parts uneconomical. If they are not tendered, they can be awarded to one or more of the partners who accept them, offsetting in money the difference between the value of the goods and the amount of the hijuelas. ARTICLE 2376.- Composition of the mass. The partible mass includes the assets of the deceased that exist at the time of the partition or those that have been subrogated to them, and the increases of one and the other. Debts are deducted and the values ​​to be collated and the assets subject to reduction are added. ARTICLE 2377.- Formation of the lots. For the formation of the batches, the nature and destination of the goods are not taken into account, unless the rules apply. referring to preferential attribution. The subdivision of buildings and the division of companies should be avoided. If the composition of the mass does not allow to form lots of equal value, the differences between the value of the goods that make up a lot and the amount of the corresponding hijuela they must be covered with money, guaranteeing the outstanding balance to the satisfaction of the creditor. The balance cannot exceed half the value of the lot, except in the case of preferential attribution. Unless otherwise agreed, if the debtor of the balance is granted deadlines for payment and, for economic circumstances, the value of the assets attributed to him appreciably increases or decreases, sums due increase or decrease in equal proportion. If there are things subject to collateral rights, the respective debt must be charged to the successful bidder, and the difference between the value of the thing and the amount of debt. The sums to be collated by one of the joint heirs are imputed to his rights to the estate. ARTICLE 2378.- Assignment of the lots. The lots corresponding to hijuelas of equal amount must be assigned by the partidor with the agreement of the heirs and, in case of opposition of any of these, by lottery. In any case, sufficient assets must be reserved to settle outstanding debts and charges, as well as unpaid bequests. ARTICLE 2379.- Titles. Common objects. The titles of acquisition of the goods included in the partition must be delivered to the successful bidder. If any good is awarded to several heirs, the title is delivered to the owner of the highest quota, and a certified copy is given to the other interested parties at the expense of the estate. Objects and documents that have an affection or honorific value are indivisible, and custody must be entrusted to the heir that the parties choose in each case and, in the absence of agreement, to which the judge designates. The same solution corresponds when the thing is awarded to all the heirs in equal parts. ARTICLE 2380.- Preferential establishment allocation. The surviving spouse or an heir may request preferential attribution in the partition, with a charge to pay the balance, if any, of the agricultural, commercial, industrial, artisanal or service establishment that constitutes an economic unit, in whose formation it participated. In the case of exploitation in social form, the preferential attribution of social rights may be requested, if this does not affect the legal provisions or the statutory clauses on the continuation of a partnership with the surviving spouse or with one or more heirs. The balance must be paid in cash, unless otherwise agreed. ARTICLE 2381.- Preferential attribution of other assets. The surviving spouse or an heir may also request preferential attribution: a) of the property or the right to the location of the property that serves as his room, if he had his residence there at the time of death, and of the existing furniture therein; b) of the property or the right to the location of the premises for professional use where he carried out his activity, and of the existing furniture therein; c) of all the movable things necessary for the exploitation of a rural asset carried out by the deceased as lessee or sharecropper when the lease or sharecropping continues for the benefit of the applicant or a new lease is contracted with him. ARTICLE 2382.- Request by various interested parties. If the preferential attribution is requested by several partners who do not agree that it be assigned jointly, the The judge must decide taking into account the aptitude of the applicants to continue the exploitation and the importance of their personal participation in the activity. ARTICLE 2383.- Real right of habitation of the surviving spouse. The surviving spouse has a real right of habitation for life and free of charge with full rights over the property owned by the deceased, which was the last conjugal home, and that at the opening of the succession was not in condominium with other people. East right is unenforceable to the causer's creditors. ARTICLE 2384.- Loads of the mass. The expenses caused by the partition or liquidation, and the facts in common benefit, are imputed to the mass. Unnecessary work or disbursements or referring to rejected orders are not common, which must be borne exclusively by the heirs who cause. CHAPTER 3 Donation collation ARTICLE 2385.- People forced to collaborate. The descendants of the deceased and the surviving spouse who attend the intestate succession must collate to the mass hereditary the value of the goods that were donated by the deceased, except waiver or express improvement clause in the act of donation or in the will. Said value is determined at the time of the partition according to the state of the property at the time of the donation. There is also an obligation to collate in testamentary successions if the testator calls to receive the same portions that would correspond to the spouse or to the descendants in intestate succession. The bequest made to the descendant or the spouse is considered made as an improvement, unless the testator has expressly provided otherwise. ARTICLE 2386.- Innocious donations. The donation made to a descendant or to the spouse whose value exceeds the sum of the available portion plus the legitimate portion of the The grantee, even if there is a waiver of collation or improvement, is subject to reduction for the value of the excess. ARTICLE 2387.- Waiver heir. The descendant or the spouse who renounces the inheritance may keep the donation received or claim the legacy made, until available portion limit. ARTICLE 2388.- Heir who was not heir at the time of the donation. The descendant who was not a presumptive heir at the time of the donation, but who is an heir, does not must collation. The spouse does not owe collation when the donation is made before marriage. ARTICLE 2389.- Donation to the descendant or ascendant of the heir. Donations made to descendants of the heir should not be collated by the heir. The descendant of the beneficiary who attends the succession of the donor by representation must collate the donation made to the represented ancestor. ARTICLE 2390.- Donation to the spouse of the heir. Donations made to the heir's spouse should not be collated by the heir. Those made jointly to both spouses must be collated in half, by which he is heir. ARTICLE 2391.- Benefits made to the heir. The descendants and the surviving spouse forced to collate must also collate the benefits received to consequence of conventions made with the deceased that were intended to provide them with a particular advantage, except dispensation and the provisions for the heir with disability in article 2448. ARTICLE 2392.- Benefits excluded from the collation. There is no collation for food expenses; nor for those of medical assistance, however extraordinary they may be; not for the of education and professional or artistic training of the descendants, unless they are disproportionate to the fortune and condition of the deceased; nor for the expenses of wedding not exceeding reasonable; nor by the present of use; nor for the life insurance that corresponds to the heir, but for the premiums paid by the deceased to the insurer, up to the concurrence of the premium charged by the insured. It is also due for what is used to establish the joint heir or for the payment of his debts. ARTICLE 2393.- Death without fault. No collation is due for the good that has perished through no fault of the grantee. But if he has received compensation, he owes it for his amount. ARTICLE 2394.- Fruits. The heir obliged to collate does not owe the fruits of the assets subject to collation, but owes the interests of the collateral value from demand notification. ARTICLE 2395.- Right to request collation. The collation can only be requested by the person who was the presumed joint heir to the date of the donation. The surviving spouse cannot request the collation of the donations made by the deceased before marrying. ARTICLE 2396.- Way of making the snack. The collation is carried out by adding the value of the donation to that of the hereditary estate after the debts have been paid, and attributing that value in the grantee's lot. CHAPTER 4 Debt collation ARTICLE 2397.- Debts that collate. The debts of one of the joint heirs in favor of the deceased collate to the mass that were not paid voluntarily during the division, even if they are not due at the time of the partition. ARTICLE 2398.- Suspension of the rights of the joint heirs. Co-heirs cannot demand payment before partition. ARTICLE 2399.- Debts arisen during the indivision. Debt collation also applies to the amounts of which one joint heir becomes debtor to the others in occasion of the undivided, when the credit is relative to the undivided assets, except that the latter receive the payment before the partition. ARTICLE 2400.- Interest. Collectable sums produce interest from the opening of the succession if the joint heir was debtor of the deceased, if they were not already accrued previously, and from the birth of the debt if it arises on the occasion of indivision. ARTICLE 2401.- Co-heir debtor and creditor at the same time. If the joint debtor is at the same time a creditor, even if his credit is not yet due at the time of the partition, there are compensation and only the excess of your debt on your credit is collated. ARTICLE 2402.- Way of making the snack. Debt collation is done by deducting its amount from the debtor's portion. If they exceed it, you must pay them at conditions and terms established for the obligation. The imputation of the debt to the lot of the joint debtor is opposable to its creditors. CHAPTER 5 Partition Effects ARTICLE 2403.- Declarative effect. The partition is declarative and not a transfer of rights. By reason of it, it is judged that each heir succeeds only and immediately to the causative in the goods included in his daughter and in those attributed to him by tender, and that he had no right whatsoever in those corresponding to his joint heirs. The same solution is understood with respect to the assets attributed by any other act that has had the effect of stopping the indivision totally, or partially only regarding certain assets or certain heirs. The acts validly granted with respect to some property of the hereditary estate retain their effects as a result of the partition, whoever is the winner of the goods that were the object of those acts. ARTICLE 2404.- Eviction. In the event of eviction of the foreclosed assets, or of the successful tenderer suffering any disturbance of the right in the peaceful enjoyment thereof, or of the easements by reason of pre-partition cause, each of the heirs is liable for the corresponding compensation in proportion to his part, bearing the heir expired or damaged the part that touches him. If any of the heirs becomes insolvent, their contribution must be covered by all the others. None of the heirs can excuse their responsibility for having perished the assets awarded in the partition, even if it was by chance. ARTICLE 2405.- Extension of the guarantee. The eviction guarantee is due for the value of the goods at the time it is produced. In the case of credits, the guarantee of eviction ensures its existence and the creditworthiness of the debtor at the time of partition. ARTICLE 2406.- Cases excluded from the guarantee. The guarantee of eviction does not take place when it is expressly excluded in the act of partition regarding a risk determined; Nor when the eviction occurs because of the joint heir who suffers it. The knowledge by the successful bidder at the time of the partition of the danger of eviction does not exclude warranty. ARTICLE 2407.- Hidden defects. The joint heirs must reciprocally guarantee the hidden defects of the foreclosed assets. CHAPTER 6 Nullity and partition reform ARTICLE 2408.- Causes of nullity. The partition can be invalidated for the same reasons that legal acts can be. The injured party may request the nullity, or that a complementary or rectifying partition be made, or the attribution of a supplement to their portion. ARTICLE 2409.- Other cases of complementary action. Article 2408 applies to all acts, whatever their denomination, the purpose of which is to stop the indivision between the joint heirs, except in the case of a transfer of hereditary rights between joint heirs in which there is an álea expressed and accepted. ARTICLE 2410.- Cases in which the actions are not admissible. The actions provided for in this Chapter are not admissible if the joint heir who attempts them alienates at all or in part your lot after the cessation of violence, or the discovery of intent, error or injury. CHAPTER 7 Partition for ancestors SECTION 1 General disposition ARTICLE 2411.- People who can carry it out. The person who has descendants can divide their assets between them by donation or by will. If she is married, the partition of her own assets must include the spouse who retains his hereditary vocation. The division of the gains can only be carried out by donation, through joint act of the spouses. ARTICLE 2412.- Goods not included. If the partition made by the ancestors does not include all the assets left at his death, the rest is distributed and divided according to the legal rules. ARTICLE 2413.- Collation. When making the partition, either by donation or by will, the ascendant must collate to the estate the value of the assets that previously had donated and are susceptible to collation. ARTICLE 2414.- Improvement. In the partition, the ascendant can improve one of his descendants or the spouse within the limits of the available portion, but must expressly express it. SECTION 2 Donation partition ARTICLE 2415.- Object. The donation partition cannot target future assets. It can be done through separate acts if the ascendant intervenes in all of them. ARTICLE 2416.- Rights transmitted. The donor can transfer full ownership of the donated goods, or only bare ownership, reserving the usufruct. An annuity may also be agreed between the donor and the donors in favor of the former. ARTICLE 2417.- Reduction action. The descendant omitted in the partition by donation or born after it has been made, and the one who has received a batch of less than corresponding to their legitimate portion, they can exercise the action of reduction if at the opening of the succession there are no other assets of the deceased sufficient to cover it. ARTICLE 2418.- Value of the goods. In all cases, for the collation and the calculation of the legitimate one, the value of the goods must be taken into account at the time they are made. donations, appreciated at constant values. ARTICLE 2419.- Eviction guarantee. The recipients must reciprocally guarantee eviction of the goods received. The action can be exerted since the eviction occurs, even before the death of the deceased. ARTICLE 2420.- Revocation. The partition by donation can be revoked by the ascendant, in relation to one or more of the grantees, in the cases in which it is authorized the revocation of donations and when the beneficiary incurs in acts that justify the exclusion of the inheritance for unworthiness. SECTION 3 Partition by will ARTICLE 2421.- Disposal of assets. The partition made by will is revocable by the deceased and only produces effects after his death. The alienation after the will of any of the goods included in the partition does not affect its validity, without prejudice to the protective actions of the legitimate portion that may correspond. Its beneficiaries cannot renounce it to request a new partition, except by unanimous agreement. ARTICLE 2422.- Effects. The partition by will has the same effects as that practiced by the heirs. ARTICLE 2423.- Eviction guarantee. The heirs must reciprocally guarantee eviction of the goods included in their lots. The existence and legitimacy of the transmitted rights is judged at the time of the deceased's death. TITLE IX Intestate successions CHAPTER 1 General disposition ARTICLE 2424.- Legitimate heir. Intestate successions are deferred to the descendants of the deceased, their ancestors, the surviving spouse, and relatives Collaterals within the fourth degree inclusive, in the order and according to the rules established in this Code. In the absence of heirs, the assets correspond to the national, provincial, or Autonomous City of Buenos Aires, depending on where they are located. ARTICLE 2425.- Nature and origin of the goods. In intestate successions, the nature and origin of the assets that make up the inheritance are not taken into account, except express legal provision to the contrary. EPISODE 2 Descendants succession ARTICLE 2426.- Succession of the children. The children of the deceased inherit it in their own right and in equal parts. ARTICLE 2427.- Succession of the other descendants. The other descendants inherit by right of representation, without limitation of degrees. ARTICLE 2428.- Effects of representation. In the case of descendants by representation, the succession is divided by lineages, as if the represented concur. If the representation falls more than one degree, the subdivision is made again by lineage in each branch. Within each branch or branch subdivision, division is done by head. ARTICLE 2429.- Cases in which it takes place. The representation takes place in case of premorience, resignation or indignity of the ascendant. The renunciation of the inheritance of the ascendant does not prevent it, but the indignity in the succession of the latter does. It also applies in testamentary succession, if the testator merely confirms the distribution to the inheritance resulting from the law. ARTICLE 2430.- Case of adoption. The adoptee and his descendants have the same hereditary rights as the son and his descendants by nature and through assisted human reproduction techniques. CHAPTER 3 Succession of ancestors ARTICLE 2431.- Assumptions of origin. Division. In the absence of descendants, they inherit the closest ascendants in degree, who divide the inheritance into parts the same. ARTICLE 2432.- Relationship by adoption. Adopters are considered ascendants. However, in simple adoption, neither adopters inherit the assets that the adopted has received free of charge from his family of origin, nor does the latter inherit the property that the adopted has received free of charge from his adoptive family. These Exclusions do not operate if, as a consequence, vacant assets remain. In the other assets, the adopters exclude the parents of origin. CHAPTER 4 Spousal succession ARTICLE 2433.- Attendance with descendants. If descendants inherit, the spouse has the same share in the hereditary heritage as a child. In all cases in which the widower or widow is called in concurrence with descendants, the surviving spouse has no part in the division of community property that correspond to the deceased spouse. ARTICLE 2434.- Attendance with ancestors. If the ancestors inherit, the spouse is entitled to half of the inheritance. ARTICLE 2435.- Exclusion of collaterals. In the absence of descendants and ascendants, the spouse inherits the entirety, excluding collaterals. ARTICLE 2436.- Marriage "in extremis". The succession of the spouse does not take place if the deceased dies within thirty days of the marriage as a consequence of illness existing at the time of the celebration, known to the survivor, and of a foreseeable fatal outcome, unless the marriage is preceded by a union convivial. ARTICLE 2437.- Divorce, de facto separation and cessation of cohabitation resulting from a judicial decision. Divorce, de facto separation without the will to join and judicial decision of any kind that implies cessation of coexistence, exclude the hereditary right between spouses. CHAPTER 5 Collateral succession ARTICLE 2438.- Extension. In the absence of descendants, ascendants and spouse, the collateral relatives inherit until the fourth degree inclusive. ARTICLE 2439.- Order. Collaterals of the closest degree exclude those of the next degree, except the right of representation of the descendants of the brothers, up to the fourth degree in relation to the causer. Siblings and sibling descendants displace the other collaterals. ARTICLE 2440.- Division. In the competition between bilateral brothers and unilateral brothers, each of them inherits half of what each of them inherits. In the other cases, the collaterals that concur inherit in equal parts. CHAPTER 6 State rights ARTICLE 2441.- Vacancy declaration. At the request of any interested party or the Public Ministry, the inheritance must be declared vacant if there are no accepting heirs or the The originator has distributed all the assets through legacies. When declaring the vacancy, the judge must appoint a conservator of the assets. The declaration of vacancy is registered in the corresponding registers, by judicial communication. ARTICLE 2442.- Functions of the curator. The conservator must receive the goods under inventory. You must proceed to the payment of the debts and legacies, previous judicial authorization. To such In effect, in the absence of sufficient money in the inheritance, you must have the assets appraised and liquidated as necessary. You must be accountable to the State or States that receive the goods. ARTICLE 2443.- Conclusion of the liquidation. After the liquidation, the judge must order the goods to be delivered to the corresponding State. Whoever subsequently claims hereditary rights must promote the inheritance petition. In such case, you must take the goods in the situation in which they are, and considers the State to be a bona fide possessor. TITLE X Legitimate portion ARTICLE 2444.- Legitimaries. They have a legitimate portion of which they cannot be deprived by will or by acts of disposition inter vivos for free, the descendants, ascendants and spouse. ARTICLE 2445.- Legitimate portions. The legitimate portion of the descendants is two thirds, that of the ascendants of a medium and that of the spouse of a medium. Said portions are calculated on the sum of the liquid value of the inheritance at the time of the deceased's death plus that of the computed donated goods for each Legitimate, at the time of partition according to the state of the property at the time of donation. For the computation of the portion of each descendant, only the collectible or reducible donations are taken into account, made from the three hundred days prior to his birth or, where appropriate, the birth of the ascendant whom he represents, and for the spouse, those made after the marriage. ARTICLE 2446.- Attendance of Legitimaries. If only descendants or only ascendants concur, the available portion is calculated according to the respective legitimate ones. If the spouse with descendants concur, the available portion is calculated according to the legitimate higher. ARTICLE 2447.- Protection. The testator cannot impose any lien or condition on the legitimate portions; if it does, they are considered unwritten. ARTICLE 2448.- Improvement in favor of disabled heir. The deceased may dispose, by the means he deems appropriate, including through a trust, in addition of the available portion, a third of the legitimate portions to apply as a strict improvement to descendants or ancestors with disabilities. For these purposes, a person with a disability is considered to be any person suffering from a permanent or prolonged functional alteration, physical or mental, that in relation to their age and social environment it implies considerable disadvantages for their family, social, educational or work integration. ARTICLE 2449.- Non-waivability. The legitimate portion of a succession not yet open is inalienable. ARTICLE 2450.- Delivery of the legitimate action. The legitimate former has action to have his legitimate portion delivered to him, as heir to the quota. Also the It has the legitimacy when the deceased does not leave assets but has made donations. ARTICLE 2451.- Complementary action. The legitimary to whom the testator has left, by any title, less than his legitimate portion, can only ask for his supplement. ARTICLE 2452.- Reduction of testamentary dispositions. In order to receive or supplement their portion, the affected legitimary can request the reduction of the institutions quota heirs and legacies, in that order. Legacies are reduced in the same order established in the second paragraph of article 2358. ARTICLE 2453.- Reduction of donations. If the reduction of the testamentary provisions is not enough for the legitimate portion to be covered, the heir Legitimate can request the reduction of donations made by the deceased. The last donation is reduced first, and then the others in reverse order of their dates, until the claimant's right is saved. Those of the same date are reduced pro rata. ARTICLE 2454.- Effects of the reduction of donations. If the reduction is total, the donation is resolved. If it is partial, because it only partially affects the legitimate one, and the donated asset is divisible, it is divided between the legitimate and the grantee. If it is indivisible, the thing must remain for whoever a greater portion corresponds, with a credit in favor of the other party for the value of its right. In any case, the grantee can prevent the resolution by giving the legitimary the sum of money necessary to complete the value of his legitimate portion. The grantee is debtor from the notification of the demand, of the fruits or, in case of formulating the option foreseen in the previous paragraph, of interests. ARTICLE 2455.- Perishability of the donated. If the donated asset perishes because of the recipient, it owes its value. If it perishes without your fault, the value of the donated is not computed for the calculation of the legitimate portion. If it partially perishes because of you, you owe the difference in value; and if it partially perishes without its fault, the remaining value is computed. ARTICLE 2456.- Insolvency of the grantee. In case of insolvency of any of the grantees and impossibility of exercising the reipersecutory action referred to in the article 2458, the reduction action can be brought against the donors of the previous date. ARTICLE 2457.- Real rights constituted by the grantee. The reduction extinguishes, in relation to the legitimate, the real rights constituted by the grantee or by its successors. ARTICLE 2458.- Reipersecutory action. The legitimario can prosecute registrable assets against third party acquirers. The grantee and the defendant deputy buyer, in their In case, they can disinterested the legitimary, satisfying in money the damage to the legitimate quota. ARTICLE 2459.- Purchase prescription. The reduction action does not proceed against the grantee nor against the sub-buyer who have owned the thing donated for ten years computed from the acquisition of possession. Article 1901 applies. ARTICLE 2460.- Constitution of usufruct, use, habitation or life annuity. If the free inter-living disposition or the legacy are of usufruct, use, habitation, or life annuity, the legitimario or, where appropriate, all the legitimarios by common agreement, can choose between complying with it or delivering the portion available to the beneficiary. ARTICLE 2461.- Transmission of assets to legitimates. If the deceased transmits the property of assets to one of the legitimates by an act among the assets for consideration. reservation of usufruct, use or room, or with the consideration of a life annuity, the gratuitousness of the act and the intention to improve is presumed without admitting proof to the contrary to the beneficiary. However, the sums that the acquirer proves to have actually paid must be deducted from the value of the donated amount. The value of the goods must be imputed to the available portion and the surplus is subject to collation. This imputation and this collation cannot be sued by the legitimarians who consented to the alienation, whether onerous or free, with some of the modalities indicated. TITLE XI Testamentary successions CHAPTER 1 General disposition ARTICLE 2462.- Testament. Human beings can freely dispose of their assets after their death, respecting the established legitimate portions. in Title X of this Book, by means of a testament granted with the legal solemnities; that act may also include extra-patrimonial provisions. ARTICLE 2463.- Applicable rules. The rules established for legal acts apply to wills as long as they are not altered by the provisions of this Title. ARTICLE 2464.- Age to test. People of legal age can test at the time of the act. ARTICLE 2465.- Personal expression of the testator's will. The testamentary provisions must be the direct expression of the testator's will, and be sufficient to itself themselves. The power to test is not delegable. Probate provisions cannot be left to the discretion of a third party. The will issued jointly by two or more people is not valid. ARTICLE 2466.- Law that governs the validity of the will. The content of the will, its validity or nullity, is judged according to the law in force at the time of the testator's death. ARTICLE 2467.- Nullity of the will and testamentary provisions. The will or, where appropriate, the testamentary provision is null: a) for violating a legal prohibition; b) due to defects in form; c) for having been granted by a person deprived of reason at the time of testing. The lack of reason must be demonstrated by whoever challenges the act; d) for having been granted by a person legally declared incapable. However, it can grant a will at lucid intervals that are sufficiently certain as to ensure that the disease has ceased by then; e) because the testator is a person who suffers from limitations in their ability to communicate orally and, in addition, not know how to read or write, except by writing public, with the participation of an interpreter on the spot; f) for having been granted with error, fraud or violence; g) for favoring an uncertain person, unless for some reason it may become true. ARTICLE 2468.- Prohibited condition and charge. The conditions and charges constituted by impossible facts, prohibited by law, or contrary to morality, are null but not affect the validity of the provisions subject to them. ARTICLE 2469.- Nullity action. Any interested party can demand the nullity of the will or any of its clauses unless, having known it, they have ratified the testamentary provisions or has complied spontaneously. ARTICLE 2470.- Interpretation. The testamentary dispositions must be interpreted adapting them to the real will of the deceased according to the total context of the act. The Words used must be understood in the ordinary sense, except that it is clear that the testator wanted to give them a technical meaning. They apply as soon as they are compatible, the other rules of interpretation of contracts. ARTICLE 2471.- Obligation to denounce the existence of the will. Whoever participates in the granting of a will or in whose power it is, is obliged to communicate it to interested persons, once the testator's death has occurred. EPISODE 2 Forms of wills SECTION 1 General disposition ARTICLE 2472.- Law that governs the form. The law in force at the time of testar governs the form of the will. ARTICLE 2473.- Formal requirements. The will can be granted only in one of the ways provided in this Code. The formalities determined by law for one kind of will cannot be extended to those of another species. The observance of the solemnities imposed must result from the same testament, without being able to supply any evidence. ARTICLE 2474.- Sanction for non-observance of forms. The non-observance of the forms required to grant the will causes its total nullity; but, satisfied the legal forms, the nullity of one or several clauses does not harm the remaining parts of the act. The use of overflowing formalities does not vitiate the will. ARTICLE 2475.- Confirmation of the null will for non-observance of the formalities. The testator can only confirm the provisions of a null will by non-observance of the formalities reproducing them in another will granted with the pertinent formal requirements. ARTICLE 2476.- Signature. When the signature is required in the wills, it should be written as the author of it usually signs the public or private instruments. Spelling errors or omission of letters do not necessarily vitiate the signature, leaving its validity to the judicial appreciation. SECTION 2 Holographic will ARTICLE 2477.- Requirements. The holographic will must be written entirely with the characters of the language in which it is issued, dated and signed by hand same of the testator. The lack of any of these formalities invalidates the act, except that it contains statements or material elements that allow the date to be established in a certain way. The signature must be after the provisions, and the date may be placed before or after the signature. The testator's error in the date does not prejudice the validity of the act, but the will is not valid if he voluntarily set a false date to violate a provision of public order. Attachments written by a foreign hand invalidate the will, only if they have been made by order or with the consent of the testator. ARTICLE 2478.- Discontinuity. It is not necessary to write the holographic will at once or on the same date. The testator may record its provisions in different times, either by dating and signing them separately, or by date and signature on the day the will ends. SECTION 3 Will by public act ARTICLE 2479.- Requirements. The will by public act is granted by public deed, before the authorizing notary and two competent witnesses, whose name and address they must be recorded in writing. The testator can give the notary his already written provisions or only give him in writing or verbally those that the will must contain so that he draws them up in the form ordinary. In no case can written instructions be invoked against the content of the public deed. After the writing of the will is completed, it is read and signed by the witnesses and the testator. Witnesses must attend from the beginning to the end of the act without interruption, which must be recorded by the scribe. The provisions of articles 299 and following apply to this kind of will. ARTICLE 2480.- Signature at your request. If the testator does not know how to sign, or cannot do it, another person or one of the witnesses can do it for him. In this case the two witnesses they must know how to sign. If the testator knows how to sign and states otherwise, the will is invalid. If knowing how to sign, cannot do so, the scribe must explain the reason for which cannot be signed by the testator. ARTICLE 2481.- Witnesses. Able persons may be witnesses to wills at the time the act is granted. In addition to those set forth in article 295, the ancestors, the descendants, the spouse or the cohabiting partner of the testator, nor the executors, guardians or conservators appointed in the will, nor the beneficiaries of any of its provisions. The will in which an incapable or incapable witness intervenes to the effect is not valid if, excluding this one, there are not others in sufficient number. CHAPTER 3 Inability to succeed by will ARTICLE 2482.- People who cannot happen. They cannot happen by will: a) the guardians and conservators to their wards, if they die during the guardianship or curatorship or before the final accounts of the administration are approved; b) the notary public and the witnesses before whom the will has been granted, for the act in which they have intervened; c) the ministers of any cult and the spiritual leaders or conductors who have assisted the deceased in his last illness. ARTICLE 2483.- Sanction. The testamentary dispositions in favor of people who cannot succeed by will are of no value, even when they are made in the name of people brought. Ascendants, descendants, and the spouse or partner of the person prevented from succeeding are deemed to be such, without admitting proof to the contrary. Fraud to the law can be proven by any means. Those unable to succeed by will who are in possession of the goods left by the testator are considered in bad faith. CHAPTER 4 Institution and replacement of heirs and legatees ARTICLE 2484.- General principle. The institution of heirs and legatees can only be done in the will and should not leave doubts about the identity of the person instituted. ARTICLE 2485.- Special cases. The institution of the relatives is understood to be made to the closest degree, according to the order of the intestate succession and taking into account the right of representation. If on the date of the will there is only one relative in the closest degree, those of the following degree are understood to be called at the same time. The institution in favor of simple associations is understood to be made in favor of the respective superior authorities of the place of the last domicile of the testator with the charge of applying the goods for the purposes indicated by the deceased. The institution of the poor is understood to be made to the municipal State of the place of the last domicile of the testator or the Autonomous City of Buenos Aires, where appropriate, charged to apply the goods for social assistance purposes. The institution in favor of the soul of the testator or of other persons is understood to be made to the highest authority of the religion to which the testator belongs, charged with applying the property to suffrage and social assistance purposes. ARTICLE 2486.- Universal heirs. The heirs instituted without allocation of parts succeed the deceased in equal parts and have a vocation to all the assets of the inheritance to which the testator has not given a different destination. If the will establishes one or more heirs with allocation of parts and another or others without it, to these corresponds the remaining assets after having been satisfied the portions attributed by the testator. If they absorb all the inheritance, they are reduced proportionally, so that each heir without a designated part receive as much as the instituted heir in the minor fraction. ARTICLE 2487.- Cases of institution of universal heirs. The institution of universal heirs does not require the use of sacramental terms. They constitute it especially: a) the attribution of the universality of the assets of the inheritance, even if it is limited to bare ownership; b) the legacy of what remains after the other legacies are completed; c) the legacies that absorb all the assets, if the testator confers to the legatees the right to increase. The heir instituted in one or more specific assets is a legatee. ARTICLE 2488.- Heirs of quota. The heirs instituted in a fraction of the inheritance do not have vocation to all the assets of this, except that it must be understood that the testator has wished to confer this call on them in the event that the other testamentary provisions cannot be fulfilled for any reason. If the addition of the fractions set forth in the will exceeds unity, they are reduced proportionally up to that limit. If the sum of the fractions does not cover the entire patrimony, the remainder of the assets corresponds to the legitimate heirs and, in their absence, to the heirs instituted in proportion to their quotas. ARTICLE 2489.- Right to increase. When the testator institutes several heirs in the same quota, or jointly attributes a good to several legatees, each Beneficiary proportionally takes advantage of the part belonging to the heir or legatee whose right is frustrated or expires. Those favored by the accretion are subject to the obligations and burdens that weighed on the accrued party, except that they are of a personal nature. The right of accretion is transmitted to the heirs. ARTICLE 2490.- Legacy of usufruct. The death of the usufruct colleague, subsequent to that of the testator, does not produce the accretion of the other collectors except contrary provision of the will. ARTICLE 2491.- Substitution. The power to institute heirs or legatees does not matter the right to impose a successor on the instituted. The provision that violates this Prohibition does not affect the validity of the institution, and is effective if it can be valid in one of the two cases in the following paragraph. The testator may subrogate the instituted in the event that he does not want or cannot accept the inheritance or the legacy. The substitution established for one of those cases is valid for the other. The substitute heir or legatee is subject to the same charges and conditions imposed on the substitute if it does not appear clearly that the testator wanted to limit them to the so-called foreground. ARTICLE 2492.- Substitution of waste. The testator's disposition by which he calls a third party to receive the remainder of his inheritance when the heir dies or is not valid instituted legatee. The nullity of this provision does not prejudice the rights of the instituted. ARTICLE 2493.- Probate trust. The testator may establish a trust over the entire inheritance, an undivided part or certain assets, and establish instructions to the heir or trustee, pursuant to the requirements established in Section 8, Chapter 30, Title IV of the Third Book. The constitution of the trust it must not affect the legitimate of the forced heirs, except in the case provided in article 2448. CHAPTER 5 Legacies ARTICLE 2494.- Applicable rules. The heir is obliged to fulfill the legacies made by the testator in accordance with the provisions of this Code on the obligations in general, except as expressly provided otherwise in this Chapter. ARTICLE 2495.- Legacy subject to the discretion of a third party or the heir. The legacy cannot be left to the discretion of a third party or the heir. ARTICLE 2496.- Acquisition of the legacy. Modalities. The right to the legacy is acquired from the death of the testator or, where appropriate, from the fulfillment of the condition to which it is subject. The legacy charged is governed by the provisions regarding donations subject to this modality. ARTICLE 2497.- Assets that can be bequeathed. All goods that are in commerce can be bequeathed, even those that do not yet exist but will exist later. The legatee of certain assets has owned them since the death of the deceased and can exercise all the actions of which he was the owner. ARTICLE 2498.- Legacy of a certain and determined thing. The legatee of a certain and determined thing can claim it, with summons from the heir. You must request your delivery to heir, administrator or executor, even if he has it in his possession by any title. The legacy delivery costs are in charge of the succession. ARTICLE 2499.- Delivery of the legacy. The heir must deliver the thing bequeathed in the state in which it is at the death of the testator, with all its accessories. ARTICLE 2500.- Legacy of taxed thing. The heir is not obliged to release the bequeathed thing from the burdens it bears. The legatee is liable for the obligations to which satisfaction the thing bequeathed is affected, up to the concurrence of its value. ARTICLE 2501.- Property legacy. The legacy of a property includes the existing improvements, whatever the time in which they were made. The lands acquired by the testator after testing, which constitute an extension of the legacy estate, are due to the legatee as long as they are not subject to exploitation Independent. ARTICLE 2502.- Gender legacy. The legacy whose object is generically determined is valid even if there is no such thing in the heritage of the testator. If the choice has been expressly conferred on the heir or the legatee, they can choose, respectively, for the worst or best quality thing. If there is only one thing in the testator's estate, the legacy must be fulfilled with it. ARTICLE 2503.- Eviction in the legacy of consumables and in the alternative legacy. If the eviction of the expendable thing delivered to the legatee occurs, the latter can claim the delivery of another of the same species and quality. If the legacy is an alternative, produced the eviction of the property delivered to the legatee, he can request one of the others included in the alternative. ARTICLE 2504.- Legacy with determination of the place. The legacy of things that must be found in a certain place is fulfilled by delivering the amount there to the death of the testator, even if it is less than the designated one. If it is greater, delivering the designated amount. If nothing is found, nothing is due. If the things bequeathed have been temporarily removed from the usual place of location referred to in the will, the legacy includes those that remain in the patrimony of the testator up to the concurrence of the amount indicated by him. ARTICLE 2505.- Legacy of credit. Legacy of liberation. The legacy of a credit or the liberation of a debt includes the part of the credit or debt that subsists to the death of the testator and interest since then. The heir must deliver to the legatee the records of the obligation that the testator had in his possession. The debt release does not include the obligations contracted by the legatee after the date of the will. ARTICLE 2506.- Legacy to the creditor. What the testator bequeathed to his creditor is not imputed to the payment of the debt, unless expressly provided otherwise. Acknowledgment of a debt made in the will is considered a legacy, unless proven otherwise. If the testator orders him to pay what he erroneously believes he owes, the provision is deemed not to be written. If you pay more than you owe, the excess is not considered legacy. ARTICLE 2507.- Legacy of someone else's thing. The legacy of something else is not valid, but it is validated with the subsequent acquisition of it by the testator. The legacy of someone else's property is valid if the testator imposes on the heir the obligation to acquire it to transmit it to the legatee or to pay the latter his fair price if he cannot obtain it under equitable conditions. If the thing bequeathed has been acquired by the legatee before the opening of the succession, it is owed its fair price. The legacy is void if the acquisition is free. ARTICLE 2508.- Legacy of a property in condominium. The legacy of a property whose property is common to several people transmits the rights that correspond to the testator to the time of his death. The legacy of a property included in a patrimonial mass common to several people is valid if the property is awarded to the testator before his death; otherwise, it is worth as a legacy of quantity for the value that the property had at the time of the testator's death. ARTICLE 2509.- Food legacy. The food legacy includes the instruction appropriate to the condition and aptitudes of the legatee, the sustenance, clothing, housing and disease assistance until you reach the age of majority or return to capacity. If the legatee has reached the age of majority, his inability to procure food persists, it is extended until he is in a position to do so. The legacy of food to a capable person is worth as a legacy of periodic benefits to the extent provided by the testator. ARTICLE 2510.- Legacy of periodic payment. When the legacy is periodically fulfilled, it is understood that there are so many legacies how many benefits must be fulfilled. After the testator's death, each installment is fully due, provided that the corresponding period has begun to elapse, even if the legatee dies during its course. CHAPTER 6 Revocation and expiration of testamentary provisions ARTICLE 2511.- Revocability. The will is revocable at the will of the testator and does not confer any right on the instituted until the opening of the succession. The power to revoke the will or modify its provisions is inalienable and unrestrictable. ARTICLE 2512.- Express revocation. The express revocation must comply with the formalities of the wills. ARTICLE 2513.- Later testament. The subsequent will revokes the previous one if it does not contain your express confirmation, except that the provisions of the second result the testator's will to keep the former in whole or in part. ARTICLE 2514.- Revocation by marriage. The marriage contracted by the testator revokes the testament previously granted, unless heir is established in it to the spouse or that its provisions result the will to maintain them after the marriage. ARTICLE 2515.- Cancellation or destruction of the holographic will. The holographic will is revoked by its cancellation or destruction made by the testator or by order hers. When there are several copies of the will, it is revoked by the cancellation or destruction of all the originals, and also when any copy without being canceled or destroyed by mistake, fraud or violence suffered by the testator. If the will is totally or partially destroyed or canceled in the testator's house, it is presumed that the destruction or cancellation is his work, as long as it is not prove otherwise. Casual or foreign alterations do not affect the effectiveness of the will as long as the will of the testator can be identified by the will same. No evidence is admitted to demonstrate the provisions of a destroyed will before the death of the testator, although the destruction was due to case fortuitous. ARTICLE 2516.- Revocation of the legacy by transmission, transformation or encumbrance of the thing. The transmission of the legacy thing revokes the legacy, although the act is not valid by defect of form or the thing returns to the domain of the testator. The same effect produces the bilateral promise of sale, even if the act is simulated. The judicially ordered auction and the expropriation imply revocation of the legacy, except that the thing becomes the property of the testator. The transformation of the thing due to the fact of the testator involves revocation of the legacy. The constitution of liens on the legacy thing does not revoke the legacy. ARTICLE 2517.- Responsibility of the heirs. If the bequeathed thing is lost or deteriorated due to the fact or fault of one of the heirs, only the heir through whose fault or fact has been lost or deteriorated. ARTICLE 2518.- Expiration of the institution due to premorience. The institution of heir or legatee expires when the instituted dies before the testator or before the fulfillment of the condition on which the acquisition of inheritance or legacy depends. ARTICLE 2519.- Expiration of the legacy due to death and transformation of the thing. The legacy of a certain and determined thing expires when it perishes completely, for any cause, before the opening of the succession or the fulfillment of the suspensive condition to which it was subject; also when he perishes by accident, after the opening of the succession or the fulfillment of the condition. If the legacy thing partially perishes, the legacy subsists for the part that is preserved. The legacy expires due to the transformation of the thing for reasons beyond the testator's will, prior to the death of the testator or the fulfillment of the suspensive condition. ARTICLE 2520.- Revocation of the legacy for reasons attributable to the legatee. Legacies can be revoked, at the request of those interested: a) by ingratitude of the legatee who, after having entered into the enjoyment of the bequeathed goods, seriously injures the memory of the deceased; b) for breach of the charges imposed by the testator if they are the final cause of the disposition. In this case, the heirs are obliged to comply with the charges. ARTICLE 2521.- Resignation of the legatee. The legatee can renounce the legacy as long as he has not accepted it. Any interested party can ask the judge to set a deadline for the institute to rule, under the warning of having it as a resignation. ARTICLE 2522.- Partial resignation. Plural legacy. The resignation of a legacy cannot be partial. If two or more legacies have been made to the same person, one of which it is with charge, you cannot renounce it and accept the free legacies. CHAPTER 7 Executors ARTICLE 2523.- Powers. The powers of the executor designated in the will are those conferred by the testator and, failing that, those that according to the circumstances are necessary to achieve the fulfillment of his will. The testator cannot exempt the executor from the duties of inventorying the assets and rendering accounts. If the testator designates several executors, the position is exercised by each one of them in the order in which they are named, unless the testator provides for the performance of all together. In such a case, decisions must be made by a majority of executors and, failing this, by the judge. ARTICLE 2524.- Form of the designation. Capacity. The appointment of the executor must comply with the testamentary forms, even if it is not made in the will whose execution is entrusted. Fully capable human beings at the time they must perform the office, legal persons, and administration bodies can be executors centralized or decentralized public. When a public official is appointed, the appointment is deemed tied to the role, regardless of who is serving it. ARTICLE 2525.- Delegation. The executor cannot delegate the order received, which is not transmitted to his heirs. You are not obliged to act personally; it is permitted to do so by agents acting at their own expense and at their own risk, even when the testator has designated a subsidiary executor. If the executor acts with legal sponsorship, the fees of the sponsoring lawyer should only be paid by the succession if his works are necessary or reasonably convenient for executing executions. ARTICLE 2526.- Duties and powers of the executor. The executor must secure the estate and carry out the inventory of the assets with the summons of the interested. He must pay the bequests with the knowledge of the heirs and reserve the assets of the inheritance sufficient to provide for the dispositions of the testator giving them timely appropriate destination. You must sue the heirs and legatees for the fulfillment of the charges that the testator has imposed on them. The opposition of the heirs or of any of them to the payment of the legacies, suspends their execution until the resolution of the dispute between the heirs and the legatees affected. The executor is obliged to render accounts of his management to the heirs. ARTICLE 2527.- Responsibility. The executor responds for the damages that the breach of his duties causes to heirs and legatees. ARTICLE 2528.- Powers of heirs and legatees. The heirs and the legatees retain the powers whose performance is not attributed by law or by the testator to the executor. The heirs can request the removal of the executor for supervening disability, negligence, insolvency or misconduct in the performance of the function, and in any time to put an end to its mission by paying debts and bequests, or depositing the necessary funds for this purpose, or agreeing with all interested parties. The heirs and legatees can request the necessary guarantees in case of just fear for the security of the assets that are in the power of the executor. ARTICLE 2529.- Assumption of non-existence of heirs. When there are no heirs or when the legacies consume the entire estate and there is no right to increase Among the legatees, the executor is the representative of the succession, having to make a legal inventory of the assets received and intervene in all trials in which the succession it's part. It is responsible for the administration of the inheritance property in accordance with what is established for the curator of the vacant inheritance. You are empowered to proceed, with intervention of the judge, to the transfer of the assets that is essential to fulfill the will of the deceased. Whenever the validity of the will or the scope of its provisions is questioned, the executor is party to the trial even when there are instituted heirs. ARTICLE 2530.- Remuneration. Expenses. The executor must receive the remuneration fixed in the will or, failing that, the one assigned by the judge, according to the importance of the legacy assets and the nature and effectiveness of the work performed. If the executor is a legatee, it is understood that the performance of the function constitutes a charge of the legacy, without other remuneration corresponding unless it must be understood, depending on the circumstances, the testator's will was different. The expenses incurred to fulfill its mission must be reimbursed to the executor and the fees or remuneration corresponding to work must be paid separately. Useful for the succession you have made in the exercise of a profession. ARTICLE 2531.- Conclusion. The executing party concludes by the complete execution of the will, by the expiration of the term set by the testator and by the death, incapacity supervening, resignation or dismissal of the executor. When the appointed executor ceases for any reason and the need to fill the vacant position subsists, the judge provides it with the hearing of the heirs and legatees. BOOK SIX COMMON PROVISIONS TO PERSONAL AND REAL RIGHTS TITLE I Prescription and expiration CHAPTER 1 Provisions common to the liberatory and acquisitive prescription SECTION 1 General rules ARTICLE 2532.- Scope of application. In the absence of specific provisions, the norms of this Chapter are applicable to the acquisitive and liberatory prescription. The Local laws may regulate the latter regarding the tax term. ARTICLE 2533.- Imperative character. The rules regarding prescription cannot be modified by convention. ARTICLE 2534.- Subjects. The prescription operates in favor and against all persons, except as otherwise provided by law. Creditors and any interested party can oppose the prescription, even if the obligor or owner does not invoke it or waive it. ARTICLE 2535.- Resignation. The prescription already won can be waived by the people who can grant acts of disposition. Waiver of prescription by one The co-debtors or co-owners have no effect with respect to the others. The action of return of the resigning co-debtor against his co-debtors released by the prescription. ARTICLE 2536.- Invocation of the prescription. The prescription can be invoked in all cases, with the exception of the cases provided by law. ARTICLE 2537.- Modification of the terms by later law. The statute of limitations in progress at the time of entry into force of a new law are governed by law previous. However, if this law requires more time than the one established by the new laws, they are fulfilled once the time designated by the new laws has elapsed, counted from the day of its validity, except that the term set by the old law ends before the new term counted from the effective date of the new law, in which case maintains that of the previous law. ARTICLE 2538.- Spontaneous payment. Spontaneous payment of a prescribed obligation is not repeatable. SECTION 2 Suspension of prescription ARTICLE 2539.- Effects. The suspension of the prescription stops the calculation of time for the period that lasts but takes advantage of the period that elapses until it started. ARTICLE 2540.- Subjective scope. The suspension of the prescription does not extend in favor or against the interested parties, except in the case of solidarity obligations or indivisible. ARTICLE 2541.- Suspension for reliable interpellation. The course of the prescription is suspended, for a single time, by the reliable interpellation made by the holder of the right against the debtor or the holder. This suspension only takes effect for six months or the shorter period corresponding to the prescription of the action. ARTICLE 2542.- Suspension by request of mediation. The course of the prescription is suspended from the expedition by reliable means of communication of the date of the mediation hearing or since it is held, whichever comes first. The limitation period resumes from the twenty days counted from the moment in which the closing act of the mediation procedure is available of the parts. ARTICLE 2543.- Special cases. The course of the prescription is suspended: a) between spouses, during the marriage; b) between cohabitants, during the cohabitation union; c) between the incapable and people with restricted capacity and their parents, guardians, conservators or supports, during parental responsibility, guardianship, conservatorship or the measure of support for; d) between the legal entities and their administrators or members of their oversight bodies, while they continue to hold office; e) in favor and against the heir with limited liability, regarding claims that are due to the defense of rights over assets of the hereditary heritage. SECTION 3 Prescription interruption ARTICLE 2544.- Effects. The effect of the interruption of the prescription is to consider that the period that preceded it has not happened and to start a new term. ARTICLE 2545.- Interruption by recognition. The course of the prescription is interrupted by the recognition that the debtor or possessor makes of the right of that against who prescribes. ARTICLE 2546.- Interruption by judicial petition. The course of the prescription is interrupted by any request of the holder of the right before a judicial authority that translates the intention not to abandon it, against the possessor, his representative in possession, or the debtor, even if it is defective, carried out by an incapable person, in court incompetent, or within the grace period provided in the applicable procedural order. ARTICLE 2547.- Duration of the effects. The interruptive effects of the course of the prescription remain until the resolution that ends the question becomes signed, with formal res judicata authority. The interruption of the course of the prescription is considered not to have happened if the process is abandoned or the instance expires. ARTICLE 2548.- Interruption by request of arbitration. The course of the prescription is interrupted by the request for arbitration. The effects of this cause are governed by the arranged for the interruption of the prescription by judicial request, as applicable. ARTICLE 2549.- Subjective scope. The interruption of the prescription does not extend in favor or against the interested parties, except in the case of solidarity obligations or indivisible. SECTION 4 Waiver of prescription ARTICLE 2550.- Requirements. The judge can dispense from the prescription already fulfilled to the holder of the action, if difficulties in fact or willful maneuvers hinder him temporarily the exercise of the action, and the holder enforces his rights within six months after the cessation of obstacles. In the case of incapable persons without representatives, the term of six months is computed from the cessation of the incapacity or the acceptance of the position by the representative. This provision is applicable to the successions that remain vacant without curator, if the one who is appointed enforces the rights within six months of having accepted the position. SECTION 5 Procedural provisions relating to prescription ARTICLE 2551.- Procedural routes. The prescription can be articulated by way of action or exception. ARTICLE 2552.- Judicial powers. The judge cannot declare the prescription automatically. ARTICLE 2553.- Procedural opportunity to oppose it. The prescription must be opposed within the term to answer the demand in the knowledge processes, and to raise exceptions in the execution processes. Interested third parties who appear at the expiration of the terms applicable to the parties, must do so in their first presentation. EPISODE 2 Release prescription SECTION 1 Start of computation ARTICLE 2554.- General rule. The course of the statute of limitations begins on the day the benefit is due. ARTICLE 2555.- Accountability. The course of the statute of limitations to claim accountability begins on the day the obligor must render them or, in his defect, when it ceases in the respective function. To demand the collection of the liquid result of the account, the term begins the day that there was agreement of part or decision passed in res judicata authority. ARTICLE 2556.- Periodic benefits. The period of limitation to claim the consideration for periodic services or supplies begins from that each remuneration becomes demandable. ARTICLE 2557.- Benefits to intermediaries. The course of the statute of limitations to claim compensation for services of brokers, commission agents and others intermediaries are counted, if there is no agreed term for payment, from the end of the activity. ARTICLE 2558.- Fees for services provided in procedures. The expiration of the limitation period to claim fees for services that have been rendered in judicial, arbitration or mediation proceedings, it begins to run from the expiration of the term set in a final resolution that regulates them; If you do not set a term, since become firm. If the fees are not regulated, the term begins to run from the date the resolution that ends the process is signed; if the provision of the professional service ends before, since the creditor has knowledge of that circumstance. ARTICLE 2559.- Credits subject to indefinite term. If the credit is subject to an indefinite term, it is considered callable from its determination. The limitation period to deduct the action for the judicial setting of the term is computed from the celebration of the act. If he prescribes this action, he also prescribes that of compliance. SECTION 2 Prescription deadlines ARTICLE 2560.- Generic term. The statute of limitations is five years, unless a different one is provided for in local legislation. ARTICLE 2561.- Special terms. The claim for the compensation of damages for sexual assaults inflicted on incapable persons prescribes after ten years. The computation of The limitation period begins from the cessation of the disability. The claim for compensation for damages arising from civil liability prescribes after three years. Civil actions derived from crimes against humanity are imprescriptible. ARTICLE 2562.- Two-year prescription period. They prescribe after two years: a) the request for declaration of relative nullity and revision of legal acts; b) the common law claim for damages derived from accidents and occupational diseases; c) the claim of all that is accrued for years or shorter periodic terms, except in the case of the reimbursement of a capital in installments; d) the claim of the damages derived from the contract of transport of people or things; e) the request for revocation of the donation for ingratitude or the legacy for unworthiness; f) the request for declaration of unenforceability born of fraud. ARTICLE 2563.- Computation of the term of two years. In the action of declaration of relative nullity, review and non-enforceability of legal acts, the period is counted: a) if they are vices of the will, since the violence stopped or since the error or fraud were known or could be known; b) in the simulation between parties, since, when one of them was requested, he refused to annul the simulated act; c) in the simulation exercised by a third party, since he knew or could know the vice of the legal act; d) in invalidity due to incapacity, since it ceased; e) in the injury, from the date the obligation of the injured party had to be fulfilled; f) in the fraud action, since the vice of the act was known or could be known; g) in the review of legal acts, since the cause of the review was known or could be known. ARTICLE 2564.- One year prescription period. They prescribe the year: a) the claim for redhibitory vices; b) possessory actions; c) the claim against the builder for responsibility for total or partial ruin, whether due to construction defects, the soil or poor quality of materials, whenever it is of works intended for long duration. The term is counted since the ruin occurred; d) claims from any endorsable document or to the bearer, whose term begins to run from the day the obligation expires; e) claims to others liable for repetition of what is paid for maintenance; f) the autonomous action of review of res judicata. CHAPTER 3 Purchasing prescription ARTICLE 2565.- General rule. The main real rights can be acquired by prescription in the terms of articles 1897 and following. CHAPTER 4 Expiration of rights ARTICLE 2566.- Effects. Expiration extinguishes the right not exercised. ARTICLE 2567.- Suspension and interruption. The expiration periods are not suspended or interrupted, except as otherwise provided by law. ARTICLE 2568.- Nullity of the expiration clause. The clause that establishes an expiration period that makes it excessively difficult for one of the parties to fulfillment of the act required for the maintenance of the right or that implies a fraud to the legal provisions related to the prescription. ARTICLE 2569.- Acts that prevent expiration. Prevents expiration: a) compliance with the act provided by law or by legal act; b) the recognition of the right carried out by the person against whom it is intended to enforce the expiration provided for in a legal act or in a rule on rights available. ARTICLE 2570.- Expiration and prescription. The acts that prevent expiration do not hinder the application of the provisions that govern the prescription. ARTICLE 2571.- Waiver of expiration. The parties cannot waive or alter the legal provisions on expiration established in matters removed from their availability. The waiver of the expiration of available rights does not prevent the application of the rules relating to prescription. ARTICLE 2572.- Judicial powers. Expiration should only be declared of course by the judge when it is established by law and is subject to availability. of the parts. TITLE II Privileges CHAPTER 1 General disposition ARTICLE 2573.- Definition. Seat. Privilege is the quality that corresponds to a credit to be paid in preference to another. It can be exercised while the affected thing privilege remains in the debtor's estate, except legal provision to the contrary and the assumption of real subrogation in cases that the law admits. Privilege cannot be exercised on unattachable things declared such by law. ARTICLE 2574.- Legal origin. Privileges result exclusively from the law. The debtor cannot create in favor of a creditor a right to be paid with preference to another, but in the way that the law establishes it. ARTICLE 2575.- Waiver and postponement. The creditor may relinquish his privilege. The creditor and the debtor can agree to postpone the creditor's rights regarding other present or future debts; In such case, subordinated credits are governed by the agreed clauses, provided that they do not affect the rights of third parties. The privilege of labor credit is not waivable, nor can it be postponed. ARTICLE 2576.- Indivisibility. Transmissibility. Privileges are indivisible in terms of seat and credit, regardless of seat divisibility or credit. The transmission of credit includes that of your privilege. ARTICLE 2577.- Extension. The privilege does not extend to the interests, nor to the costs, nor to other accessories of the credit, except for express legal disposition to the contrary. ARTICLE 2578.- Computation. If a privilege is granted in relation to a certain period, it is counted retroactively from the judicial claim, except provision otherwise legal. ARTICLE 2579.- Universal processes. Applicable regime. In universal processes, privileges are governed by the law applicable to contests, whether or not there is a cessation of Payments. ARTICLE 2580.- General privileges. General privileges can only be invoked in universal processes. ARTICLE 2581.- Retirement credits. Non-privileged creditors agree pro rata among themselves, except as otherwise expressly provided in this Code. EPISODE 2 Special privileges ARTICLE 2582.- Enumeration. They have special privilege over the assets indicated in each case: a) the expenses made for the construction, improvement or conservation of a thing, on it. The credit for common expenses in the horizontal property is included; b) credits for compensation due to the worker for six months and those derived from compensation for accidents at work, seniority or dismissal, lack of advance notice and unemployment fund, on the goods, raw materials and machinery that, being the property of the debtor, are in the establishment where it provides its services or that are used for its exploitation. When it comes to dependents occupied by the owner in the construction, reconstruction or repair of real estate, the privilege falls on them; c) the taxes, rates and contributions of improvements that apply particularly to certain goods, on them; d) what is owed to the retainer by reason of the thing withheld, on it or on the amounts deposited or securities constituted to release it; e) credits guaranteed by mortgage, antichresis, pledge with or without displacement, warrant and those corresponding to debentures and negotiable obligations with guarantee special or floating; f) the privileges established in the Navigation Law, the Aeronautical Code, the Financial Entities Law, the Insurance Law and the Mining Code. ARTICLE 2583.- Extension. The special privileges extend exclusively to the capital of the credit, except in the following cases: a) the interest for two years counted from the delay, of the labor credits mentioned in subparagraph b) of article 2582; b) the interests corresponding to the two years prior to the execution and those that run during the trial, corresponding to the credits mentioned in subsection e) of the article 2582; c) the costs corresponding to the credits listed in paragraphs b) and e) of article 2582; d) the credits mentioned in subsection f) of article 2582, the extension of which is governed by the respective laws. ARTICLE 2584.- Royal subrogation. The special privilege is transferred by right on the amounts that substitute the goods on which it falls, either by compensation, price or any other concept that allows the actual subrogation. ARTICLE 2585.- Reserve of expenses. Before paying the credit that has special privilege, of the price of the good on which it falls, the amounts must be reserved corresponding to its conservation, custody, administration and realization. In all cases, an amount must also be calculated to cover the expenses and fees generated by the proceedings and procedures carried out on the property and in the interest of the creditor. ARTICLE 2586.- Conflict between creditors with special privilege. The special privileges have the priority that results from the clauses of article 2582, except those following assumptions: a) the credits mentioned in subsection f) of article 2582 have the order provided in their respective legal systems; b) the withholding credit prevails over the credits with special privilege if the withholding begins to be exercised before the privileged credits are born; c) the privilege of the credits with real guarantee prevails over the fiscal credits and the one of the expenses of construction, improvement or conservation, including credits for common expenses in the horizontal property, if the credits were accrued after the constitution of the guarantee; d) tax credits and those derived from construction, improvement or conservation, including credits for common expenses in horizontal property, prevail over those post-birth labor credits; e) the credits with real guarantee prevail over the labor credits accrued after the constitution of the guarantee; f) If there are credits included in the same subsection and on identical assets, they are settled pro rata. TITLE III Lien ARTICLE 2587.- Legitimation. Every creditor of a certain and enforceable obligation may keep in his possession the thing that must be returned to the debtor, up to the payment of what he owes you on account of the thing. That faculty has only those who obtain the possession of the thing by means that are not illegal. Whoever receives it by virtue of a contractual relationship without title free, except in the interest of the other contracting party. ARTICLE 2588.- Thing retained. Anything that is in commerce can be retained, as long as it must be returned and seizable under the relevant legislation. ARTICLE 2589.- Exercise. The exercise of the retention does not require judicial authorization or previous manifestation of the retainer. The judge may authorize the replacement of the lien for a sufficient guarantee. ARTICLE 2590.- Attributions of the retainer. The retainer has the right to: a) exercise all the actions available to them for the conservation and perception of their credit, and those that protect their possession or possession with the thing withheld; b) receive a canon for the deposit, since it intimates the debtor to pay and receive the thing, with negative result; c) perceive the natural fruits of the thing retained, but is not obliged to do so. If you choose to collect them, you must notify the debtor. In this case, you can dispose of them, and you must impute your product first to the interests of the credit and the surplus to capital. ARTICLE 2591.- Obligations of the retainer. The retainer is obligated to: a) not to use the retained thing, unless otherwise agreed, in which the scope of said use can be determined, including in relation to the fruits; b) keep the thing and make the necessary improvements at the debtor's expense; c) return the thing at the end of the retention and render accounts to the debtor of all that he would have received in concept of fruits. ARTICLE 2592.- Effects. The withholding power: a) it is exercised on the whole thing whatever the proportion of the credit owed to the retainer; b) it is transmitted with the credit to which it accesses; c) does not prevent the debtor from exercising the powers of administration or disposition of the thing that corresponds to him, but the retainer is not obliged to deliver it until it is satisfied your credit; d) does not prevent the seizure and judicial auction of the thing withheld, by other creditors or by the withholding agent himself. In these cases, the retainer's right is transferred to the price obtained in the auction, with the corresponding privilege; e) while it subsists, it interrupts the course of the extinctive prescription of the credit to which it has access; f) in case of insolvency or bankruptcy of the creditor of the restitution, the retention is subject to the relevant legislation. ARTICLE 2593.- Extinction. The retention concludes by: a) extinction of the guaranteed credit; b) total loss of the thing retained; c) resignation; d) voluntary delivery or abandonment of the thing. It is not reborn even if the thing returns to its power; e) confusion of the qualities of retainer and owner of the thing, except for legal provisions to the contrary; f) failure to comply with the obligations of the retainer or if he incurs abuse of his right. TITLE IV Private international law provisions CHAPTER 1 General disposition ARTICLE 2594.- Applicable rules. The legal norms applicable to situations related to various national legal systems are determined by treaties and current international conventions applicable in the case and, in the absence of international source rules, the rules of private international law apply Argentinean from an internal source. ARTICLE 2595.- Application of foreign law. When a foreign law is applicable: a) the judge establishes its content, and is obliged to interpret it as the judges of the State to which this right belongs would do, without prejudice to the parties being able to allege and prove the existence of the invoked law. If the content of foreign law cannot be established, Argentine law applies; b) If there are several coexisting legal systems with territorial or personal jurisdiction, or different legal systems follow one another, the applicable law is determined by the rules in force within the State to which that right belongs and, in the absence of such rules, by the disputed legal system that presents the closest links with the legal relationship in question; c) if different rights are applicable to different aspects of the same legal situation or to different legal relationships included in the same case, those rights they must be harmonized, trying to make the necessary adaptations to respect the purposes pursued by each of them. ARTICLE 2596.- Forwarding. When a foreign law is applicable to a legal relationship, the private international law of that country is also applicable. If he Applicable foreign law refers to Argentine law. The rules of Argentine domestic law are applicable. When, in a legal relationship, the parties choose the law of a certain country, the internal law of that State is understood to have been chosen, except where expressly stated in contrary. ARTICLE 2597.- Exception clause. Exceptionally, the right designated by a conflict rule should not be applied when, due to the set of factual circumstances of the case, it is clear that the situation has little relevant ties to that right and, on the other hand, has very close links with the right from another State, whose application is foreseeable and under whose rules the relationship has been validly established. This provision is not applicable when the parties have chosen the right for the case. ARTICLE 2598.- Fraud to law. For the determination of the applicable law in matters involving rights not available to the parties, the facts or acts performed for the sole purpose of circumventing the application of the right designated by the conflict rules. ARTICLE 2599.- Internationally imperative norms. Internationally imperative or immediately applicable rules of Argentine law are imposed above the exercise of the autonomy of the will and exclude the application of the foreign law chosen by the rules of conflict or by the parties. When a foreign law is applicable, its internationally imperative provisions also apply, and when legitimate interests require it, they can recognize the effects of internationally imperative provisions of third States that have close and manifestly preponderant links with the case. ARTICLE 2600.- Public order. Applicable foreign law provisions should be excluded when they lead to solutions inconsistent with the principles fundamentals of public order that inspire the Argentine legal system. EPISODE 2 International jurisdiction ARTICLE 2601.- Sources of jurisdiction. The international jurisdiction of Argentine judges, not mediating international treaties and in the absence of agreement of parties in matters available for the extension of jurisdiction, are attributed in accordance with the rules of this Code and the applicable special laws. ARTICLE 2602.- Necessity forum. Although the rules of this Code do not attribute international jurisdiction to Argentine judges, they can intervene, exceptionally, in order to avoid the denial of justice, provided that it is not reasonable to demand the initiation of the claim abroad and in the situation privately present sufficient contact with the country, guarantee the right of defense in court and attend to the convenience of achieving an effective sentence. ARTICLE 2603.- Provisional and precautionary measures. Argentine judges are competent to order provisional and precautionary measures: a) when they understand in the main process, notwithstanding that the goods or people are not in the Republic; b) at the request of a competent foreign judge or in cases of urgency, when the goods or persons are or may be in the country, even if they lack international competence to understand in the main process; c) when the sentence issued by a foreign judge must be recognized or executed in Argentina. Compliance with a precautionary measure by the Argentine judge does not imply the commitment to recognize or execute the foreign final judgment, pronounced in the main judgment. ARTICLE 2604.- Litispendencia. When an action that has the same object and the same cause has been previously started and is pending between the same parties in the abroad, the Argentine judges must suspend the trial pending in the country, if it is foreseeable that the foreign decision may be recognized. The suspended process may continue in the Republic if the foreign judge declines its own jurisdiction or if the foreign process is terminated without resolution. on the merits of the matter or, in the event that, having given a sentence abroad, it is not susceptible of recognition in our country. ARTICLE 2605.- Choice of forum agreement. In patrimonial and international matters, the parties are empowered to extend jurisdiction in judges or arbitrators outside the Republic, except that the Argentine judges have exclusive jurisdiction or that the extension is prohibited by law. ARTICLE 2606.- Exclusive character of the choice of forum. The judge chosen by the parties has exclusive jurisdiction, unless they expressly decide otherwise. ARTICLE 2607.- Express or tacit extension. The extension of jurisdiction is operative if it arises from a written agreement through which the interested parties express their decision to submit to the jurisdiction of the judge or referee before whom they go. Any means of communication that allows establishing the proof by a text is also admitted. Likewise the extension operates, for the actor, by the fact of filing the demand and, with respect to the defendant, when he answers it, stop doing it or oppose previous exceptions without articulate the declination. ARTICLE 2608.- Residence or habitual residence of the defendant. Except for a particular provision, personal actions must be filed before the judge of the domicile or habitual residence of the defendant. ARTICLE 2609.- Exclusive jurisdiction. Without prejudice to the provisions of special laws, Argentine judges are exclusively competent to hear in the following causes: a) in real property rights located in the Republic; b) regarding the validity or nullity of the inscriptions made in an Argentine public registry; c) in matters of inscriptions or validity of patents, trademarks, designs or industrial designs and other similar rights subject to deposit or registration, when the deposit or registration has been requested or made or had taken place in Argentina. ARTICLE 2610.- Equal treatment. Citizens and permanent residents abroad enjoy free access to jurisdiction to defend their rights and interests, under the same conditions as citizens and permanent residents in Argentina. No surety or deposit, whatever its name, may be imposed by reason of the quality of citizen or permanent resident in another State. Equal treatment applies to legal entities constituted, authorized or registered according to the laws of a foreign State. ARTICLE 2611.- Jurisdictional cooperation. Without prejudice to the obligations assumed by international conventions, Argentine judges must provide ample jurisdictional cooperation in civil, commercial and labor matters. ARTICLE 2612.- International procedural assistance. Without prejudice to the obligations assumed by international conventions, communications addressed to authorities foreigners must be made by warrant. When the situation requires it, Argentine judges are empowered to establish direct communications with judges foreigners who accept the practice, as long as the guarantees of due process are respected. The mere procedural and evidentiary measures requested by foreign jurisdictional authorities must be complied with provided that the resolution ordering them does not affect principles of public order of Argentine law. The letters rogatory must be processed officially and without delay, according to Argentine law, without prejudice to the provisions of pertinent in relation to the expenses demanded by the required assistance. CHAPTER 3 Special part SECTION 1 Human people ARTICLE 2613.- Domicile and habitual residence of the human person. For the purposes of private international law, the human person has: a) his domicile, in the State in which he resides with the intention of establishing himself there; b) his habitual residence, in the State in which he lives and establishes lasting links for a long time. The human person cannot have several addresses at the same time. If you do not have a known address, it is considered that you have it where your habitual residence is or in his defect, his simple residence. ARTICLE 2614.- Domicile of minors. The domicile of minors is in the country of the domicile of those who exercise the parental responsibility; If the exercise is plural and its holders are domiciled in different states, minors are considered domiciled where they have their habitual residence. Without prejudice to the provisions of international conventions, children and adolescents who have been illegally abducted or retained do not acquire domicile in the place where they remain stolen, were transferred or held unlawfully. ARTICLE 2615.- Address of other incapable persons. The domicile of the people subject to conservatorship or another equivalent institute of protection is the place of their residence habitual. ARTICLE 2616.- Capacity. The capacity of the human person is governed by the right of his domicile. The change of address of the human person does not affect his ability, once it has been acquired. ARTICLE 2617.- Assumptions of incapable persons. The party to a legal act that is incapable according to the law of his domicile, cannot invoke this incapacity if she was capable under the law of the State where the act has been held, unless the other party has known or should have known this disability. This rule is not applicable to legal acts related to family law, inheritance law or real property rights. ARTICLE 2618.- Name. The right applicable to the name is that of the domicile of the person in question, at the time of its imposition. Your change is governed by the right of the address of the person at the time of requesting it. ARTICLE 2619.- Absence and presumption of death. Jurisdiction. The judge is competent to understand the declaration of absence and the presumption of death of the last known address of the absent, or failing that, of his last habitual residence. If these are unknown, the judge of the place where the assets of the absent in relation to these; the Argentine judge can assume jurisdiction in the event of a legitimate interest in the Republic. ARTICLE 2620.- Applicable law. The declaration of absence and the presumption of death are governed by the right of the person's last known address disappeared or, failing that, by the right of his last habitual residence. The other legal relationships of the absent continue to be regulated by the law that governed them previously. The legal effects of the declaration of absence with respect to the registrable real estate and movable property of the absent person are determined by the law of the place of situation or registration of those assets. SECTION 2 Marriage ARTICLE 2621.- Jurisdiction. The actions of validity, nullity and dissolution of the marriage, as well as those referring to the effects of the marriage, must be filed before the judges of the last effective marital domicile or before the domicile or habitual residence of the defendant spouse. The effective conjugal domicile is understood as the place of effective and undisputed coexistence of the spouses. ARTICLE 2622.- Applicable law. The ability of people to marry, the form of the act, its existence and validity, are governed by the law of the place of celebration, even though the parties have left their domicile so as not to abide by the rules that govern it. No marriage celebrated in a foreign country is recognized if any of the impediments provided for in articles 575, second paragraph and 403, paragraphs a), b), c), d) and e). The law of the venue governs the proof of the existence of marriage. ARTICLE 2623.- Distance marriage. Distance marriage is considered one in which the absent spouse expresses his consent, personally, before the competent authority to authorize marriages in the place where you are. The documentation that accredits the absentee's consent can only be offered within ninety days of the date it was granted. Distant marriage is considered celebrated in the place where the consent that perfects the act is provided. The competent authority to celebrate the marriage You must verify that the spouses are not affected by legal impediments and decide on the alleged causes to justify the absence. ARTICLE 2624.- Personal effects of marriage. The personal relationships of the spouses are governed by the right of the effective marital domicile. ARTICLE 2625.- Patrimonial effects of marriage. Marriage conventions govern the spouses' relationships with respect to property. Conventions held before marriage are governed by the right of the first marital domicile; the subsequent ones are governed by the right of the marital domicile at the time of their celebration. In the absence of marriage conventions, the property regime is governed by the right of the first marital domicile. All this, except for what, being strictly real, is prohibited by the law of the place of location of the goods. In the event of a change of address to the Republic, the spouses may state in a public instrument their option for the application of Argentine law. The exercise of this faculty should not affect the rights of third parties. ARTICLE 2626.- Divorce and other grounds for dissolution of marriage. Divorce and other grounds for dissolution of marriage are governed by the right of the last spouses' domicile. SECTION 3 Coexistence union ARTICLE 2627.- Jurisdiction. The actions that arise as a result of the coexistence union must be filed before the judge of the common effective domicile of the persons that constitute it or the domicile or habitual residence of the defendant. ARTICLE 2628.- Applicable law. The coexistence union is governed by the law of the State where it is intended to assert. SECTION 4 Foods ARTICLE 2629.- Jurisdiction. Actions on the food supply must be filed, at the choice of whoever requires it, before the judges of their domicile, their habitual residence, or before those of the defendant's domicile or habitual residence. In addition, if it is reasonable according to the circumstances of the case, they can interpose themselves before the judges of the place where the defendant has assets. Alimony actions between spouses or cohabitants must be deducted before the judge of the last conjugal or coexistence domicile, before the domicile or habitual residence of the defendant, or before the judge who has understood the dissolution of the bond. If an agreement has been concluded, at the option of the actor, the actions may also be filed before the judge of the place of performance of the obligation or that of the place of conclusion of said agreement if it coincides with the residence of the defendant. ARTICLE 2630.- Applicable law. The right to maintenance is governed by the right of the domicile of the creditor or the maintenance debtor, which in the opinion of the authority competent is more favorable to the interest of the food creditor. The food agreements are governed, at the choice of the parties, by the right of domicile or habitual residence of any of them at the time of the celebration of the agreement. Failing that, the law that governs the right to maintenance is applied. The right to maintenance between spouses or cohabitants is governed by the right of the last marital domicile, of the last effective cohabitation or of the country whose law is applicable to the dissolution or nullity of the link. SECTION 5 Filiation by nature and by assisted human reproduction techniques ARTICLE 2631.- Jurisdiction. The actions related to the determination and challenge of the affiliation must be filed, at the choice of the actor, before the judges of the domicile of who claims the filial summons or before the judges of the domicile of the parent or intended parent. In the event of recognition, the judges of the domicile of the person making the recognition, those of the child's domicile or those of the place of birth are competent. ARTICLE 2632.- Applicable law. The establishment and challenge of affiliation are governed by the right of the child's domicile at the time of birth or by the right of the domicile of the parent or intended parent in question at the time of the child's birth or by the right of the place of celebration of the marriage, which have more satisfactory solutions to the fundamental rights of the child. The applicable law by virtue of this rule determines the active and passive legitimation for the exercise of the actions, the term to file the claim, as well as the requirements and effects of state ownership. ARTICLE 2633.- Child recognition act. The conditions of recognition are governed by the right of residence of the child at the time of birth or at the time of act or by the right of domicile of the author of the recognition at the time of the act. The ability of the author of recognition is governed by the law of his domicile. The form of recognition is governed by the law of the place of the act or by the law that governs it as to the substance. ARTICLE 2634.- Recognition of filial location established abroad. Any filial location established in accordance with foreign law must be recognized in the Republic in accordance with the principles of Argentine public order, especially those that impose priority consideration of the best interest of the child. The principles that regulate the rules on affiliation by assisted human reproduction techniques integrate public order and must be weighed by the authority competent on the occasion that their intervention is required for the purposes of the recognition of status or registration of people born through these techniques. Throughout In this case, a decision must be taken that is in the best interest of the child. SECTION 6 Adoption ARTICLE 2635.- Jurisdiction. In the case of children domiciled in the Republic, the Argentine judges are exclusively competent to declare in a situation of adoptability, the decision of the guardian for adoption purposes and for granting an adoption. For the annulment or revocation of an adoption, the judges of the place of granting or of the domicile of the adopted are competent. ARTICLE 2636.- Applicable law. The requirements and effects of the adoption are governed by the right of the domicile of the adoptee at the time the adoption is granted. The annulment or revocation of the adoption is governed by the right of its granting or by the right of the domicile of the adoptee. ARTICLE 2637.- Recognition. An adoption constituted abroad must be recognized in the Republic when it has been granted by the judges of the country of the domicile of the adopted at the time of granting. Adoptions conferred in the country of the adopter's domicile must also be recognized when that adoption is liable to be recognized in the country of domicile of the adoptee. For the purposes of public order control, the best interests of the child and the close ties of the case with the Republic are taken into account. ARTICLE 2638.- Conversion. The adoption granted abroad in accordance with the law of the domicile of the adoptee can be transformed into full adoption if: a) the requirements established by Argentine law for full adoption are met; b) give their adoptive and adopted consent. If he is a minor, the Public Ministry must intervene. In all cases, the judge must appreciate the advisability of maintaining the legal link with the family of origin. SECTION 7 Parental responsibility and protection institutions ARTICLE 2639.- Parental responsibility. Everything pertaining to parental responsibility is governed by the right of habitual residence of the child at the time it raises the conflict. However, to the extent that the best interests of the child requires it, the law of another State with which the situation may be taken into consideration have relevant links. ARTICLE 2640.- Guardianship and similar institutes. Guardianship, conservatorship and other institutions for the protection of the incapable person or with restricted capacity, are governed by the right of domicile of the person whose protection is involved at the time of the events that give rise to the determination of the guardian or conservator. Other institutes for the protection of children and adolescents regularly constituted according to applicable foreign law, are recognized and display their effects in the country, as long as they are compatible with the fundamental rights of the child. ARTICLE 2641.- Urgent protection measures. The competent authority must apply its domestic law to adopt the urgent protection measures that result necessary in respect of minors or elderly persons incapable or with restricted capacity, or their property, when they are in its territory, without prejudice of the obligation to report the fact to the Public Prosecutor's Office and, where appropriate, to the competent authorities of the person's domicile or nationality affected, except as provided in the international protection of refugees. SECTION 8 International return of children ARTICLE 2642.- General principles and cooperation. In the matter of displacements, retentions or abduction of minors that give rise to requests for location and international restitution, current conventions govern and, outside its scope, Argentine judges must try to adapt to the case the principles contained in such covenants, ensuring the best interests of the child. The competent judge who decides the return of a minor must supervise the safe return of the child or adolescent, promoting the solutions that lead to voluntary compliance with the decision. At the request of a legitimate party or at the request of a foreign competent authority, the Argentine judge who becomes aware of the imminent entry into the country of a child or An adolescent whose rights may be threatened, may order advance measures to ensure their protection, as well as, if appropriate, that of the adult accompanying the child or adolescent. SECTION 9 Successions ARTICLE 2643.- Jurisdiction. They are competent to understand in the succession due to death, the judges of the last domicile of the deceased or those of the place of situation of real estate in the country with respect to these. ARTICLE 2644.- Applicable law. Succession due to death is governed by the right of domicile of the deceased at the time of his death. Regarding goods real estate located in the country, Argentine law applies. ARTICLE 2645.- Form. The will granted abroad is valid in the Republic according to the forms required by the law of the place of its execution, by the law of the domicile, habitual residence, or nationality of the testator at the time of testar or by Argentine legal forms. ARTICLE 2646.- Consular will. The written will made in a foreign country by an Argentine or by a foreigner domiciled in the State, before a plenipotentiary minister of the Government of the Republic, a charge d'affaires or a Consul and two witnesses domiciled in the place where the will is granted, having the instrument authenticates the legation or consulate. The will granted in the manner prescribed in the preceding paragraph and that has not been done before a head of legation, must have the approval of the latter, if there is a head of legation, in the will opened at the foot of it and in the closed on the cover. The open will must always be initialed by the same chief at the beginning and at the end of each page, or by the Consul, if there was no legation. If there is no consulate or legation of the Republic, these proceedings must be completed by a minister or Consul of a friendly nation. The head of legation and, in his absence, the Consul, must send a copy of the open will or the title page of the closed one to the Minister of Foreign Affairs of the Republic and The latter, paying the signature of the head of the legation or the Consul, as the case may be, must send it to the judge of the last domicile of the deceased in the Republic, so that he may include it in protocols of a notary from the same address. Not knowing the domicile of the testator in the Republic, the will must be sent by the Minister of Foreign Affairs to a national judge of first instance to its incorporation in the protocols of the clerk's office that the same judge designates. ARTICLE 2647.- Capacity. The ability to grant a will and revoke it is governed by the testator's domicile right at the time of the act. ARTICLE 2648.- Vacant inheritance. If the law applicable to the succession, in the case of the absence of heirs, does not attribute the succession to the State of the place of situation of the assets, the relict assets located in Argentina, become the property of the Argentine State, the Autonomous City of Buenos Aires or the province where they are situated. SECTION 10 Form of legal acts ARTICLE 2649.- Forms and solemnities. The forms and solemnities of legal acts, their validity or nullity and the need for publicity, are judged by laws and customs of the place where the acts were held, performed or granted. When the law applicable to the merits of the legal relationship requires a certain formal quality, according to that right the equivalence between the required form and the form performed. If the contractors are in different States at the time of the celebration, the formal validity of the act is governed by the law of the country from which the accepted offer originates or, failing that, by the law applicable to the merits of the legal relationship. SECTION 11 Contracts ARTICLE 2650.- Jurisdiction. Not existing valid agreement of choice of forum, they are competent to know in the actions resulting from a contract, at the option of the actor: a) the judges of the defendant's domicile or habitual residence. If there are several defendants, the judges of the domicile or habitual residence of any of them; b) the judges of the place of performance of any of the contractual obligations; c) the judges of the place where an agency, branch or representation of the defendant is located, provided that it has participated in the negotiation or conclusion of the contract. ARTICLE 2651.- Autonomy of the will. Rules. Contracts are governed by the right chosen by the parties regarding their intrinsic validity, nature, effects, rights and obligations. The choice must be express or result in a certain and evident way from the terms of the contract or the circumstances of the case. Such a choice may refer to all or parts of the contract. The exercise of this right is subject to the following rules: a) at any time they may agree that the contract is governed by a law other than that which governed it, either by a previous election or by application of other provisions of this Code. However, this modification cannot affect the validity of the original contract or the rights of third parties; b) once the application of a national law has been chosen, the internal law of that country must be interpreted as chosen, excluding its rules on conflict of laws, except pact otherwise; c) the parties can establish, by mutual agreement, the material content of their contracts and even create contractual provisions that displace coercive norms of the chosen right; d) generally accepted commercial uses and practices, customs and principles of international commercial law, are applicable when the parties have incorporated into the contract; e) the principles of public order and the internationally imperative norms of Argentine law apply to the legal relationship, whatever the law governing the contract; In principle, the internationally imperative norms of those States with preponderant economic ties to the case are also imposed on the contract; f) the contracts made in the Republic to violate internationally imperative norms of a foreign nation of necessary application to the case have no effect; g) the choice of a certain national forum does not imply the choice of the applicable domestic law in that country. This article does not apply to consumer contracts. ARTICLE 2652.- Determination of the applicable law in the absence of choice by the parties. In the absence of choice by the parties of the applicable law, the contract is governed by the laws and customs of the country of the place of performance. If it is not designated, or it does not result from the nature of the relationship, it is understood that the place of performance is the current domicile of the debtor of the benefit plus characteristic of the contract. If the place of performance cannot be determined, the contract is governed by the laws and customs of the country of the place of celebration. The perfection of contracts between absentees is governed by the law of the place from which the accepted offer starts. ARTICLE 2653.- Exception clause. Exceptionally, at the request of a party, and taking into account all the objective and subjective elements derived from the contract, the judge is empowered to order the application of the law of the State with which the legal relationship has the closest links. This provision is not applicable when the parties have chosen the right for the case. SECTION 12 Consumer contracts ARTICLE 2654.- Jurisdiction. Lawsuits related to consumer relations can be filed, at the consumer's choice, before the judges of the place of conclusion of the contract, compliance with the provision of the service, delivery of goods, compliance with the obligation to guarantee, the domicile of the defendant or of the place where the consumer performs acts necessary for the conclusion of the contract. The judges of the State where the defendant has a branch, agency or any form of commercial representation are also competent, when they have intervened at the conclusion of the contract or when the defendant has mentioned them for the purposes of fulfilling a contractual guarantee. The action brought against the consumer by the other contracting party can only be brought before the judges of the State of the consumer's domicile. The choice of forum agreement is not admitted in this matter. ARTICLE 2655.- Applicable law. Consumer contracts are governed by the law of the State of the consumer's domicile in the following cases: a) if the conclusion of the contract was preceded by an offer or an advertisement or activity carried out in the State of the consumer's domicile and the consumer has carried out the acts in it necessary for the conclusion of the contract; b) if the supplier has received the order in the State of the consumer's domicile; c) if the consumer was induced by his supplier to move to a foreign State in order to place his order there; d) if the travel contracts, for a global price, include combined transport and accommodation services. Failing that, consumer contracts are governed by the law of the country of the place of performance. If the place of performance cannot be determined, the contract is governed by the law of the venue. SECTION 13 Civil liability ARTICLE 2656.- Jurisdiction. Except as provided in the previous articles, they are competent to know in actions based on the existence of liability civil: a) the judge of the defendant's domicile; b) the judge of the place where the event that caused the damage has occurred or where it produces its direct harmful effects. ARTICLE 2657.- Applicable law. Except as otherwise provided, for cases not provided for in the preceding articles, the law applicable to an emerging obligation of civil liability is that of the country where the damage occurs, regardless of the country where the event causing the damage has occurred and whatever the country or countries where the indirect consequences of the event in question occur. However, when the person whose responsibility is alleged and the injured person have their domicile in the same country at the time the damage occurs, The law of that country applies. SECTION 14 Securities ARTICLE 2658.- Jurisdiction. The judges of the State where the obligation must be fulfilled or those of the defendant's domicile, at the option of the plaintiff, are competent to know of the controversies that arise regarding securities. In matters of checks, the judges of the domicile of the drawn bank or those of the domicile of the defendant are competent. ARTICLE 2659.- Form. The form of the draft, endorsement, acceptance, endorsement, protest and acts necessary for the exercise or for the conservation of the Rights over securities are subject to the law of the State in whose territory said act is performed. ARTICLE 2660.- Applicable law. The obligations resulting from a security are governed by the law of the place where they were contracted. If one or more obligations contracted in a security are null according to the applicable law, said nullity does not affect other obligations validly contracted according to the law. of the place where they have been subscribed. If the place where the cartular obligation was subscribed does not appear in the title, it is governed by the law of the place where the service must be fulfilled; and if neither it consists of that of the place of issue of the title ARTICLE 2661.- Subtraction, loss or destruction. The law of the State where the payment must be fulfilled determines the measures that must be adopted in case of theft, robbery, falsification, loss, destruction or material uselessness of the document. In the case of securities issued in series, and offered publicly, the dispossessed bearer must comply with the provisions of the law of the issuer's domicile. ARTICLE 2662.- Check. The law of the domicile of the turned bank determines: a) its nature; b) the modalities and their effects; c) the term of the presentation; d) the persons against whom it can be delivered; e) whether it can be drawn for "credit account", crossed, certified or confirmed, and the effects of these operations; f) the holder's rights over the provision of funds and their nature; g) if the holder can demand or is obliged to receive a partial payment; h) the drawer's rights to revoke the check or object to payment; i) the need for the protest or other equivalent act to preserve the rights against the endorsers, the drawer or other obligated parties; j) the measures to be taken in case of theft, theft, falsification, loss, destruction or material uselessness of the document; and k) in general, all situations regarding the payment of the check. SECTION 15 Real rights ARTICLE 2663.- Qualification. The quality of real estate is determined by the law of the place of its situation. ARTICLE 2664.- Jurisdiction. Real actions on real estate. The judges of the State in which the properties are located are competent to understand the actions real on said goods. ARTICLE 2665.- Jurisdiction. Real shares on recordable assets. The judges of the State in which the goods were registered are competent to understand in the real actions filed on said assets. ARTICLE 2666.- Jurisdiction. Real shares on non-recordable assets. The judges of the defendant's domicile or of the place of location of the non-registrable assets are competent to understand the real actions on said assets. ARTICLE 2667.- Applicable law. Real property rights. Real property rights are governed by the law of the place of your situation. Contracts made in a foreign country to transfer real rights over real estate located in the Republic, have the same force as those made in the territory of the State, provided that they appear in public instruments and are presented legalized. ARTICLE 2668.- Applicable law. Real rights on recordable assets. Real rights over registrable assets are governed by the law of the State of registry. ARTICLE 2669.- Real rights on permanent furniture. Change of situation. Real rights on furniture that have permanent status and that they are kept without the intention of transporting them, they are governed by the right of the place of location at the time of the facts about which the acquisition, modification, transformation or termination of such rights. The displacement of these assets does not influence the rights that have been validly constituted under the rule of law. ARTICLE 2670.- Real rights on furniture that lack permanent status. The real rights on the furniture that the owner always carries with him or the that are for your personal use, whether or not it is at your home, as well as those that are to be sold or transported to another place are governed by the right of the domicile of your owner. If the quality of ownership is disputed or unknown, the law of the place of employment applies. SECTION 16 Prescription ARTICLE 2671.- Applicable law. The prescription is governed by the law that applies to the merits of the litigation. ANNEX II 1.- MODIFICATIONS TO LAW Nº 17.801: 1.1.- Article 1 of Law No. 17,801 is replaced by the following: "Article 1 .- The existing property registers in each province and in the FEDERAL CAPITAL shall be subject to the regime of this law." 1.2.- Article 2 of Law No. 17,801 is replaced by the following: "Article 2 .- In accordance with the provisions of articles 1890, 1892, 1893 and concordant of the CIVIL AND COMMERCIAL CODE OF THE NATION, for publicity, Third-party effectiveness and other provisions of this law, in the aforementioned registers, the following documents shall be recorded or noted, as appropriate: a) Those that constitute, transmit, declare, modify or extinguish real rights over real estate; b) Those that have embargoes, inhibitions and other precautionary measures; c) Those established by other national or provincial laws. ” 1.3.- Article 17 of Law Nº 17,801 is replaced by the following: "Article 17.- Registered or annotated a document, another of the same or previous date that opposes or is incompatible, may not be registered, unless the one presented in second term has been implemented during the period of validity of the certi fi cation referred to in articles 22 and concordant and is presented within the established period in article 5. " 2.- MODIFICATIONS TO LAW Nº 19.550, T.O. 1984: 2.1.- The denomination of Law No. 19,550, T.O. 1984, by the following: "GENERAL LAW OF SOCIETIES No. 19,550, T.O. 1984 ”and replace the denominations of SECTION I of CHAPTER I of Law Nº 19.550, T.O. 1984, and SECTION IV of CHAPTER I of Law No. 19,550, T.O. 1984, by the following: "SECTION I Of the existence of society"; "SECTION IV Of the companies not constituted according to the types of Chapter II and other assumptions." 2.2.- Article 1 of Law No. 19,550, T.O. 1984, by the following: "Concept. Article 1 .- There will be a company if one or more people organized in accordance with one of the types provided for in this law, undertake to make contributions to apply to the production or exchange of goods or services, sharing the benefits and bearing the losses. The sole proprietorship may only be incorporated as a corporation. The sole proprietorship cannot be constituted by a sole proprietorship. " 2.3.- Article 5 of Law No. 19,550, T.O. 1984, by the following: "Inscription in the Public Registry. Article 5.- The constitutive act, its modification and the regulations, if any, shall be registered in the Public Registry of the registered office and in the Registry corresponding to the seat of each branch, including the address where they are installed for the purposes of article 11, paragraph 2. The registration will be arranged upon ratification by the grantors, except when it is issued by public instrument or the signatures are authenticated by a notary public or other competent official. Advertising in the documentation. The companies shall state in the documentation that emanates from them, the address of their headquarters and the data that identify their inscription in the Registry. ” 2.4.- Substitute article 6 of Law No. 19,550, T.O. 1984, by the following: "Deadlines for registration. Take reason. Article 6.- Within TWENTY (20) days of the constitutive act, it shall be submitted to the Public Registry for registration or, where appropriate, to the comptroller authority. The term To complete the procedure it will be THIRTY (30) additional days, being extended when it is exceeded by normal compliance with the procedures. Late registration. The inscription requested late or the complementary term has expired, it is only available if there is no opposition from the interested party. Authorized for inscription. If there were no special agents to carry out the incorporation procedures, it is understood that the representatives of the company designated in the constitutive act they are authorized to carry them out. Failing that, any partner can request it at the expense of the company. ” 2.5.- Replace article 11 of Law No. 19,550, T.O. 1984, by the following: “Contents of the constitutive instrument. Article 11.- The instrument of constitution must contain, without prejudice to what is established for certain types of company: 1) The name, age, marital status, nationality, profession, address and identity document number of the partners; 2) The company name or denomination, and the address of the company. If only the address is included in the contract, the address of your headquarters must be registered by separate request signed by the management body. All notifications made at the registered office will be considered valid and binding for the company; 3) The designation of its object, which must be precise and determined; 4) The share capital, which must be expressed in Argentine currency, and the mention of the contribution of each partner. In the case of sole proprietorships, the capital must be fully integrated into the constitutive act; 5) The term of duration, which must be determined; 6) The organization of the administration, its control and the meetings of partners; 7) The rules to distribute profits and bear losses. In case of silence, it will be in proportion to the contributions. If only the form of profit distribution is foreseen, it will be applied to bear the losses and vice versa; 8) The clauses necessary so that the rights and obligations of the partners among themselves and with respect to third parties can be established with precision; 9) The clauses pertaining to the operation, dissolution and liquidation of the company. ” 2.6.- Replace article 16 of Law No. 19,550, T.O. 1984, by the following: "General principle. Article 16.- The nullity or cancellation that affects the bond of any of the partners will not produce the nullity, cancellation or termination of the contract, except that the participation or the provision of that partner should be considered essential, given the circumstances or that it is a sole partner. If it is a partnership in a simple limited partnership or by shares, or a capital and industrial partnership, the vice of the will of the sole partner of one of the categories of partners makes voidable the contract. ” 2.7.- Replacing article 17 of Law No. 19,550, T.O. 1984, by the following: "Atypicality. Omission of essential requirements. Article 17.- The companies provided for in Chapter II of this law cannot omit essential typifying requirements or include elements incompatible with the legal type. In case of violation of these rules, the incorporated company does not produce the effects of its kind and is governed by the provisions of Section IV of this Chapter. ” 2.8.- Substitute article 21 of Law No. 19,550, T.O. 1984, by the following: “Included companies. Article 21.- The company that is not constituted subject to the types of Chapter II, that omits essential requirements or that does not comply with the formalities required by this law, is governed by the provisions of this Section. ” 2.9.- Replace article 22 of Law No. 19,550, T.O. 1984, by the following: "Applicable regime. Article 22.- The social contract can be invoked between the partners. It is opposable to third parties only if it is proved that they actually knew him at the time of hiring or from the birth of the mandatory relationship and can also be invoked by third parties against the company, partners and administrators. " 2.10.- Replacing article 23 of Law No. 19,550, T.O. 1984, by the following: Representation: administration and government. Article 23.- The clauses related to the representation, administration and others that have on the organization and government of the company can be invoked between partners. In relations with third parties, any of the partners represents the company exhibiting the contract, but the provision of the social contract may be opposed to it if proven that third parties actually knew it at the time of the legal relationship. Recordable assets. To acquire registrable assets, the company must prove its existence and the powers of its representative to the Registry by an act of recognition of all those who they claim to be your partners. This act must be implemented in a public deed or private instrument with a signature authenticated by a notary public. The property will be registered in the name of the company, indicating the proportion in which the partners participate in such company. Proof. The existence of the company can be proven by any means of proof. ” 2.11.- Replace article 24 of Law No. 19,550, T.O. 1984, by the following: Partners' responsibility. Article 24.- The partners respond to third parties as simply jointly liable and in equal parts, unless solidarity with society or between they, or a different proportion, result: 1) of an express stipulation regarding a relationship or a set of relationships; 2) of a stipulation of the social contract, in the terms of article 22; 3) of the common rules of the type that they stated to adopt and with respect to which substantial or formal requirements were no longer met. ” 2.12.- Substitute article 25 of Law No. 19,550, T.O. 1984, by the following: "Rectification. Article 25.- In the case of companies included in this Section, the omission of essential requirements, typifying or not typifying, the existence of elements incompatible with the type chosen or the omission of compliance with formal requirements, can be remedied at the initiative of the company or the partners at any time during the term of the duration provided in the contract. In the absence of unanimous agreement of the partners, the correction can be ordered judicially in summary procedure. In necessary case, the judge can supply the lack of agreement, without imposing greater responsibility on the partners who do not consent. The dissatisfied partner may exercise the right of withdrawal within TEN (10) days of the judicial decision being final, under the terms of article 92. Dissolution. Settlement. Any of the partners can cause the dissolution of the company when there is no written stipulation of the duration agreement, reliably notifying such decision to all partners. Its effects will be produced by right between the partners NINETY (90) days from the last notification. The partners who wish to remain in the company, must pay the outgoing their social part. The liquidation is governed by the rules of the contract and this law. ” 2.13.- Replace article 26 of Law No. 19,550, T.O. 1984, by the following: “Relations between the social creditors and the individuals of the partners. Article 26.- The relations between the social creditors and the private creditors of the partners, even in the event of bankruptcy, will be judged as if it were a company of the types provided for in Chapter II, including with respect to recordable assets. ” 2.14.- Replace article 27 of Law No. 19,550, T.O. 1984, by the following: “Partnership between spouses. Article 27.- The spouses can integrate with each other companies of any type and those regulated in Section IV. ” 2.15.- Substitute article 28 of Law No. 19,550, T.O. 1984, by the following: “Minor inherited partners, incapable or with restricted capacity Article 28.- In the company constituted with assets subject to forced hereditary indivision, minor heirs, incapable, or with restricted capacity only They may be partners with limited liability. The constitutive contract must be approved by the succession judge. If there is a possibility of collision of interests between the legal representative, the conservator or support and the minor, incapable or with restricted capacity, an ad hoc representative must be appointed to celebrate the contract and for the control of the administration of the company if it is exercised by the former. ” 2.16.- Substitute article 29 of Law Nº 19.550, T.O. 1984, by the following: "Sanction. Article 29. Without prejudice to the transformation of the company into one of an authorized type, the infringement of Article 28 jointly and unlimitedly liable the representative, the curator and the support of the minor, incapable or with limited capacity and the fully capable partners, for damages caused to the minor, incapable or with restricted capacity. " 2.17.- Substitute article 30 of Law Nº 19.550, T.O. 1984, by the following: “Partner society. Article 30.- Public limited companies and limited partnerships may only be part of limited liability companies. They can be part of any associative contract. ” 2.18.- Replacing article 93 of Law No. 19,550, T.O. 1984, by the following: “Exclusion in society of two partners. Article 93.- In the societies of two partners, the exclusion of one of them when there is just cause, with the effects of article 92; the innocent partner assumes the asset and social liabilities, without prejudice to the application of article 94 bis. ” 2.19.- Replacing article 94 of Law No. 19,550, T.O. 1984, by the following: "Dissolution: causes. Article 94.- The company is dissolved: 1) by decision of the partners; 2) by expiration of the term for which it was established; 3) by fulfilling the condition to which their existence was subordinated; 4) by achievement of the object for which it was formed, or by the supervening impossibility of achieving it; 5) for the loss of the capital stock; 6) by filing for bankruptcy; the dissolution will be without effect if an agreement is reached or the conversion is arranged; 7) for its merger, under the terms of article 82; 8) by fi rm sanction of cancellation of public offer or listing of its shares; the dissolution may be without effect by resolution of an extraordinary assembly meeting within SIXTY (60) days, according to article 244, fourth paragraph; 9) by firm resolution of withdrawal of the authorization to function if special laws impose it by reason of the object. ” 2.20.- Incorporate as article 94 bis of Law No. 19,550, T.O. 1984, the following: “Reduction to one of the number of partners. Article 94 bis. The reduction to one of the number of partners is not a cause for dissolution, imposing the transformation of the companies into a limited partnership, simple or by shares, and capital and industry, in a sole proprietorship, if no other solution is decided within THREE (3) months. " 2.21.- Substitute article 100 of Law No. 19,550, T.O. 1984, by the following: "Removal of grounds for dissolution. Article 100.- The grounds for dissolution may be removed by decision of the governing body and elimination of the cause that gave rise to it, if there is viability. economic and social subsistence of the activity of society. The resolution must be adopted before the registration is canceled, without prejudice to third parties and responsibilities assumed. Interpretation standard. In case of doubt about the existence of a cause for dissolution, one will be in favor of the subsistence of the company. ” 2.22.- Substitute article 164 of Law No. 19,550, T.O. 1984, by the following: "Denomination. Article 164.- The company name may include the name of one or more persons of visible existence and must contain the expression ‘limited company’, its abbreviation or the acronym S.A. In the case of a sole proprietorship, it must contain the expression 'sole proprietorship', its abbreviation or the acronym S.A.U. ” 2.23.- Subsection 3) of article 186 of Law No. 19,550, T.O. 1984, by the following: “3) The price of each share and the total subscribed; the form and terms of payment. In sole proprietorships, capital must be fully integrated; " 2.24.- Replace article 187 of Law No. 19,550, T.O. 1984, by the following: “Minimum cash integration. Article 187.- The integration in cash may not be less than TWENTY-FIVE PERCENT (25%) of the subscription: its compliance will be justified at the time of order the registration with proof of your deposit in an official bank, after which, it will be released. In the Joint Stock Company the share capital it must be fully integrated. Non-monetary contributions. Non-monetary contributions must be fully integrated. They can only consist of giving obligations and their fulfillment will be justified at the time of requesting the conformity of the article 167. ” 2.25.- Article 285 of Law No. 19,550, T.O. 1984, by the following: "Requirements. Article 285.- To be a trustee it is required: 1) Be a lawyer or public accountant, with an enabling title, or a company with joint and several liability exclusively constituted by these professionals; 2) Have a real domicile in the country. ” 2.26.- Incorporate into article 299 of Law No. 19,550, T.O. 1984, the following subsection: "7) They are One-Person Joint Stock Companies." 3.- AMENDMENTS TO LAW No. 24,240, AS AMENDED BY LAW No. 26,361: 3.1.- Article 1 of Law No. 24,240, as amended by Law No. 26,361, is replaced by the following: "Article 1 .- Object. Consumer. Equalization. The purpose of this law is to defend the consumer or user. A natural or legal person is considered a consumer that acquires or uses, free or onerous, goods or services as final recipient, for their own benefit or that of their family or social group. It is equated to the consumer who, without being part of a consumer relationship as a consequence or on the occasion of it, acquires or uses goods or services, in free or onerous, as final recipient, for your own benefit or for your family or social group. ” 3.2.- Article 8 of Law No. 24,240, as amended by Law No. 26,361, is replaced by the following: "Article 8 .- Effects of advertising. The details formulated in advertising or in advertisements, prospectuses, circulars or other means of dissemination are considered included in the contract with the consumer and oblige the offeror. In the cases in which the offers of goods and services are made through the telephone purchasing system, by catalogs or by mail, published by any means of communication, the name, address and CUIT number of the offeror must appear. ” 3.3.- Article 40 bis of Law No. 24,240, as amended by Law No. 26,361, is replaced by the following: “Article 40 bis.- Direct damage. Direct damage is any damage or impairment to the right of the user or consumer, susceptible of pecuniary appreciation, caused by immediately on your assets or on your person, as a result of the action or omission of the provider of goods or the service provider. The enforcement agencies, through administrative acts, will set compensation to repair material damage suffered by the consumer in the goods subject to the consumption ratio. This power can only be exercised by administrative bodies that meet the following requirements: a) the creation rule has given them powers to resolve conflicts between individuals and the reasonableness of the economic objective taken into account to grant them that faculty is manifest; b) are endowed with undisputed technical specialization, independence and impartiality; c) its decisions are subject to ample and sufficient judicial control. This article does not apply to the consequences of the violation of the very personal rights of the consumer, his personal integrity, his psychophysical health, his conditions legitimate spiritual, those that result from the interference in his life project or, in general, to the non-patrimonial consequences. ” 3.4.- Article 50 of Law No. 24,240, as amended by Law No. 26,361, is replaced by the following: "Article 50.- Prescription. The sanctions emerging from this law prescribe in the term of THREE (3) years. The prescription is interrupted by the commission of new infractions or for the initiation of administrative actions. ” - ERRATA - Law 26,994 In the edition of the Official Gazette No. 32,985 of October 8, 2014, in which the aforementioned regulation was published, the following printing error slipped. WHERE SAYS: ARTICLE 760.- Delivery of the thing to those who are not the owner. Non-recordable assets. In relation to third parties, when the obligation to give certain things ends restored ... SHOULD SAY: ARTICLE 760.- Delivery of the thing to those who are not the owner. Non-recordable assets. In relation to third parties, when the obligation to give certain things ends restore them ... WHERE SAYS: ARTICLE 1174.- Eviction. The exchange ... SHOULD SAY: ARTICLE 1174.- Eviction. The permutant ... WHERE SAYS: ARTICLE 2287.- Freedom to accept or resign. Any heir can accept the inheritance that is deferred or waived ... SHOULD SAY: ARTICLE 2287.- Freedom to accept or resign. Every heir can accept the inheritance that is deferred to him or renounce it ...