79C3C34C52B45572883A05D425EB0F82

Civil and Commercial Code, Articles 26, 58, and 59 (2015)

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Indicators in focus are typically shown highlighted in yellow; Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; "Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; Trigger Words/Phrases are shown highlighted in gray.

Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)


Applicable Type / Vulnerability / Indicator Overlay for this Input

Vulnerability TypeVulnerabilityIndicator# Matches
PoliticalIllegal Activitycrime9
PoliticalIllegal Activityillegal8
PoliticalIllegal Activityunlawful12
PoliticalIndigenousindigenous4
Politicalcriminalcriminal33
Politicaldisplaceddisplaced1
Politicalpolitical affiliationparty367
Politicalpolitical affiliationpolitical3
Politicalstateless personsnation17
Politicalvulnerablevulnerable1
Politicalvulnerablevulnerability1
HealthCognitive Impairmentimpaired3
HealthCognitive Impairmentimpairment8
HealthDrug Dependencedependence1
HealthDrug Dependencedependency4
HealthDrug Usageinfluence5
HealthDrug Usagesubstance10
HealthDrug Usageusage1
HealthMentally Disableddisabled9
HealthMentally Disableddisability29
HealthMentally Incapacitatedincapable60
HealthMotherhood/Familyfamily88
HealthMotherhood/Familymotherhood2
HealthPhysically Disabledillness11
HealthPhysically Disabledphysically4
HealthPhysically Illsick1
HealthPregnantpregnant2
HealthTerminally Illterminally1
HealthTerminally Illterminal1
Healthhospitalized patientshospitalized2
Healthillill2
Healthinjuredinjured9
SocialAccess to Social Goodssocial welfare1
SocialAccess to Social Goodsaccess26
SocialAgeage75
SocialChildchild215
SocialChildchildren85
SocialElderlyelderly1
SocialEthnicityethnic2
SocialIncarceratedrestricted9
SocialLGBTQ+ Statusgender identity1
SocialLinguistic Proficiencylanguage10
SocialLiteracyliterate1
SocialMarital Statusmarital status6
SocialMarital Statusmarried17
SocialMarital Statussingle16
SocialOccupationjob8
SocialOccupationoccupation2
SocialPolice Officerofficer17
SocialPolice Officerpolice7
SocialProperty Ownershipproperty owner2
SocialProperty Ownershiphome42
SocialProperty Ownershipland owner1
SocialProperty Ownershiplandowner2
SocialProperty Ownershipproperty407
SocialRacial Minorityminority5
SocialRacial Minorityrace1
SocialReligionfaith159
SocialReligionconviction9
SocialReligionreligion5
SocialReligionreligious4
SocialSoldiermilitary1
SocialThreat of Stigmathreat2
SocialThreat of Violenceviolence13
SocialTrade Union Membershipunion46
SocialUnemploymentunemployment1
SocialVictim of Abusevictim23
SocialVictim of Abuseabuse10
SocialYouth/Minorsminor59
Socialdivorceesdivorced2
Socialeducationeducation18
Socialeducationeducational8
Socialembryoembryo3
Socialemployeesemployees1
Socialgendergender6
Socialparentsparent65
Socialparentsparents126
Socialpersons with care obligationscaretaker1
Socialphilosophical differences/differences of opinionopinion23
Socialpublic officialpublic official13
Socialwidowswidow1
Socialwidowswidower1
EconomicEconomic/Povertypoor6
EconomicFood Insecurityinsecurity0
Economicinvestors/intellectual rightsintellectual rights1
General/OtherDependentdependent7
General/OtherDiminished Autonomydiminished2
General/OtherImpaired Autonomyautonomy13
General/OtherIncapacitatedincapacitated1
General/OtherIncapacitatedincapacity29
General/OtherOther Countryforeign country4
General/OtherPublic Emergencyemergency2
General/OtherRelationship to Authorityauthority73
General/OtherUndue Influenceundue influence1
General/Otherrestricted capacityrestricted capacity47
General/Otherwhistleblowerwhistleblower3

Political / Illegal Activity

Searching for indicator crime:

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p.(None): 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
p.(None): incapable are adolescents, the provisions of subsection a apply;
p.(None): 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
p.(None): tutor;
p.(None): 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
p.(None): tutor;
p.(None): f) when specific or particular knowledge is required for an adequate exercise of administration due to the characteristics of the asset to be administered;
p.(None): g) when there are reasons of urgency, until the appointment of the corresponding guardian is processed.
p.(None): ARTICLE 110.- Excluded people. People cannot be tutors:
p.(None): a) that they have no domicile in the Republic;
p.(None): b) streams not rehabilitated;
p.(None): 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
p.(None): restricted capacity, for cause attributable to them;
p.(None): d) that they must exercise for a long time or indefinite term a position or commission outside the country;
p.(None): e) that they do not have a known trade, profession or way of life, or they have notorious misconduct;
p.(None): f) sentenced for intentional crime to custodial sentences;
p.(None): g) debtors or creditors for considerable sums with respect to the person subject to guardianship;
p.(None): h) that they have lawsuits with whom requires the appointment of a guardian. The prohibition extends to your spouse, partner, parents or children;
p.(None): i) that, being obligated, they omit the denunciation of the facts that give rise to the opening of the guardianship;
p.(None): j) disabled, incapable or with restricted capacity;
p.(None): 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
p.(None): Teen.
p.(None): 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
p.(None): 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
p.(None): 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
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p.(None): b) If the adoptee has a double filial bond of origin, the provisions of article 621 apply.
p.(None): ARTICLE 632.- Applicable rules. In addition to what is regulated in the general provisions, the adoption of integration is governed by the following rules:
p.(None): a) the parents of origin must be listened to, except for duly founded serious causes;
p.(None): b) the adopter does not need to be previously registered in the adoptive registry;
p.(None): c) the prohibitions on de facto guardianship do not apply;
p.(None): d) a judicial declaration of the adoptability situation is not required;
p.(None): e) prior guardianship is not required for adoption purposes;
p.(None): 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
p.(None): 594.
p.(None): ARTICLE 633.- Revocation. The integration adoption is revocable for the same reasons provided for the simple adoption, has been granted in full or
p.(None): simple.
p.(None): CHAPTER 6
p.(None): Nullity and registration
p.(None): ARTICLE 634.- Absolute nullities. The adoption obtained in violation of the provisions regarding:
p.(None): a) the age of the adoptee;
p.(None): b) the age difference between adopter and adopted;
p.(None): 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
p.(None): which would have been the victim of the minor or his parents;
p.(None): d) the simultaneous adoption by more than one person, except that the adopters are spouses or living partners;
p.(None): e) the adoption of descendants;
p.(None): f) the adoption of brother and unilateral brother among themselves;
p.(None): g) the judicial declaration of the adoptability situation;
p.(None): h) the registration and approval of the registry of adopters;
p.(None): i) the lack of consent of the child over ten years of age, at the exclusive request of the adopted child.
p.(None): ARTICLE 635.- Relative nullity. The adoption obtained in violation of the provisions regarding:
p.(None): a) the minimum age of the adopter;
p.(None): b) defects of consent;
p.(None): c) the right of the child or adolescent to be heard, at the exclusive request of the adoptee.
p.(None): 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.
p.(None): ARTICLE 637.- Registration. The adoption, its revocation, conversion and nullity, must be registered in the Registry of Civil Status and Capacity of Persons.
p.(None): TITLE VII
p.(None): Parental responsibility
p.(None): CHAPTER 1
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p.(None): b) of illness of the child and of the person who has instituted the child's heir;
p.(None): c) capital preservation, accrued during the minority of the child.
p.(None): CHAPTER 9
p.(None): Termination, deprivation, suspension and rehabilitation of parental responsibility
p.(None): ARTICLE 699.- Termination of ownership. The ownership of parental responsibility is extinguished by:
p.(None): a) death of the parent or child;
p.(None): b) profession of the parent in a monastic institute;
p.(None): c) reaching the age of majority;
p.(None): d) emancipation, except as provided in article 644;
p.(None): 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
p.(None): adopt the child of the spouse or partner.
p.(None): ARTICLE 700.- Deprivation. Either parent is deprived of parental responsibility for:
p.(None): 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;
p.(None): 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;
p.(None): c) endangering the security, physical or mental health of the child;
p.(None): d) the child's adoptability status has been declared.
p.(None): 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
p.(None): declared the state of adoptability of the child.
p.(None): ARTICLE 701.- Rehabilitation. The deprivation of parental responsibility can be annulled by the judge if the parents, or one of them, shows that the
p.(None): Restitution is justified for the benefit and interest of the child.
p.(None): ARTICLE 702.- Suspension of the exercise. The exercise of parental responsibility is suspended while it lasts:
p.(None): a) the declaration of absence with the presumption of death;
p.(None): b) the term of the sentence to confinement and imprisonment for more than three years;
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p.(None): 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
p.(None): measure is appropriate for a proper repair.
p.(None): ARTICLE 1771.- Slanderous accusation. In the damages caused by a slanderous accusation, only one responds for intent or serious fault.
p.(None): 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
p.(None): victim was involved.
p.(None): SECTION 10
p.(None): Exercise of liability actions
p.(None): 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:
p.(None): a) the holder of a real right over the thing or good;
p.(None): b) the holder and the holder in good faith of the thing or good.
p.(None): 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
p.(None): and the indirect.
p.(None): SECTION 11
p.(None): Civil and criminal actions
p.(None): ARTICLE 1774.- Independence. Civil action and criminal action resulting from the same fact can be exercised independently. In cases where the fact
p.(None): 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
p.(None): procedural or special laws.
p.(None): 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
p.(None): must be suspended in the civil process until the conclusion of the criminal process, with the exception of the following cases:
p.(None): a) if there are grounds for termination of the criminal action;
p.(None): b) if the delay of the criminal procedure causes, in fact, an effective frustration of the right to be compensated;
p.(None): c) if the civil action for compensation for damage is based on an objective factor of liability.
p.(None): ARTICLE 1776.- Criminal conviction. The criminal conviction produces effects of res judicata in the civil process regarding the existence of the main fact that
p.(None): constitutes the crime and the guilt of the convicted person.
p.(None): 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
p.(None): person responsible did not participate, these circumstances cannot be discussed in the civil process.
p.(None): 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
p.(None): the same fact as a generator of civil liability.
p.(None): ARTICLE 1778.- Absolutory excuses. Criminal acquittals do not affect civil action, except as otherwise expressly provided by law.
p.(None): ARTICLE 1779.- Impediment to repair the damage. They prevent the repair of damage:
p.(None): a) proof of the truth of the reputed slanderous fact;
p.(None): 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.
p.(None): 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
p.(None): proceeds exclusively, and at the request of an interested party, in the following cases:
p.(None): 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
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p.(None): 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.
p.(None): The inheritance includes all the rights and obligations of the deceased that are not extinguished by his death.
p.(None): ARTICLE 2278.- Heir and legatee. Concept. Heir is the person to whom the universality is transmitted or an undivided part of the inheritance; legatee
p.(None): who receives a particular good or a set of them.
p.(None): ARTICLE 2279.- People who can happen. They can happen to the causer:
p.(None): a) the human persons existing at the time of their death;
p.(None): b) those conceived at that time that are born alive;
p.(None): c) those born after their death using assisted human reproduction techniques, with the requirements established in article 561;
p.(None): d) the legal entities existing at the time of his death and the foundations created by his will.
p.(None): 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
p.(None): of which are not transmissible by succession, and continue in the possession of what the deceased was the holder.
p.(None): 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.
p.(None): 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.
p.(None): EPISODE 2
p.(None): Indignity
p.(None): ARTICLE 2281.- Causes of unworthiness. They are unworthy to happen:
p.(None): 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,
p.(None): ascendants, spouse, partner or siblings. This cause of indignity is not covered by the extinction of the criminal action or by the penalty;
p.(None): b) those who have seriously mistreated the deceased, or seriously offended his memory;
p.(None): 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,
p.(None): descendant, ascendant or brother, or has acted in compliance with a legal duty;
p.(None): 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
p.(None): 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
p.(None): murderer or his accomplice;
p.(None): 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
p.(None): same;
p.(None): f) the extramarital father who has not voluntarily recognized the deceased during his minor age;
p.(None): g) the father or mother of the deceased who has been deprived of parental responsibility;
p.(None): 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,
p.(None): hide or replace the will;
p.(None): i) those who have incurred the other causes of ingratitude that allow the donations to be revoked.
p.(None): 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.
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Searching for indicator illegal:

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p.(None): 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
p.(None): 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
p.(None): 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
p.(None): the parties may provide that the computation be carried out in another way.
p.(None): ARTICLE 7 ° .- Temporary effectiveness. From their entry into force, the laws apply to the consequences of existing legal relationships and situations.
p.(None): 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
p.(None): protected by constitutional guarantees.
p.(None): 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
p.(None): consumption.
p.(None): 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
p.(None): legal.
p.(None): CHAPTER 3
p.(None): Exercise of rights
p.(None): ARTICLE 9 .- Principle of good faith. Rights must be exercised in good faith.
p.(None): 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.
p.(None): 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
p.(None): faith, morals and good customs.
p.(None): 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
p.(None): above and set compensation.
p.(None): 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
p.(None): specific provisions contemplated in special laws.
p.(None): ARTICLE 12.- Public order. Fraud to the law. Particular conventions cannot invalidate the laws in whose observance public order is interested.
p.(None): 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
p.(None): granted in fraud to the law. In that case, the act must be subject to the imperative norm that is to be avoided.
p.(None): 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
p.(None): Legal prohibit it.
p.(None): ARTICLE 14.- Individual and collective incidence rights. This Code recognizes:
p.(None): a) individual rights;
p.(None): b) collective advocacy rights.
p.(None): The law does not protect the abusive exercise of individual rights when it may affect the environment and collective advocacy rights in general.
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p.(None): ARTICLE 67.- Spouses. Either spouse can choose to use the last name of the other, with or without the preposition “de”.
p.(None): 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
p.(None): keep it.
p.(None): 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.
p.(None): 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.
p.(None): ARTICLE 69.- Change of name. The change of name or surname only proceeds if there are just reasons at the discretion of the judge.
p.(None): According to the particularities of the case, among other reasons, it is considered a just reason:
p.(None): a) the pseudonym, when it has acquired notoriety;
p.(None): b) cultural, ethnic or religious roots;
p.(None): c) the affectation of the personality of the interested person, whatever its cause, as long as it is accredited.
p.(None): 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
p.(None): victim of enforced disappearance, illegal appropriation or alteration or suppression of marital status or identity.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): Registry of Civil Status and Capacity of Persons. All the necessary items, titles and registry entries must be rectified.
p.(None): ARTICLE 71.- Actions to protect the name. You can exercise actions in defense of your name:
p.(None): 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
p.(None): the judgment at the defendant's expense;
p.(None): b) the one whose name is improperly used by another, to cease that use;
p.(None): 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.
p.(None): In all cases the damages can be demanded and the judge can order the publication of the sentence.
p.(None): 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
p.(None): brothers.
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p.(None): 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.
p.(None): ARTICLE 1011.- Long-term contracts. In long-term contracts, time is essential for the fulfillment of the object, so that the effects occur
p.(None): loved by the parties or the need that led them to contract is satisfied.
p.(None): 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
p.(None): Total length.
p.(None): 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.
p.(None): CHAPTER 6
p.(None): Cause
p.(None): ARTICLE 1012.- General provisions. The provisions of Section 2, Chapter 5, Title IV, First Book of this Code apply to the cause of contracts.
p.(None): 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
p.(None): cases, to the nullity, adaptation or termination of the contract.
p.(None): ARTICLE 1014.- Unlawful cause. The contract is void when:
p.(None): a) its cause is contrary to morality, public order or good customs;
p.(None): 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
p.(None): versus the other, but the latter can claim what she has given, without obligation to fulfill what she has offered.
p.(None): CHAPTER 7
p.(None): Shape
p.(None): ARTICLE 1015.- Freedom of forms. Only contracts to which the law imposes a certain form are formal.
p.(None): 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,
p.(None): except that they only deal with accessory or secondary stipulations, or that there is a legal provision to the contrary.
p.(None): ARTICLE 1017.- Public deed. They must be granted by public deed:
p.(None): 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.
p.(None): by auction from judicial or administrative execution;
p.(None): b) contracts that have as object doubtful or litigious rights over real estate;
p.(None): c) all acts that are accessory to other contracts awarded in public deed;
p.(None): d) the other contracts that, by agreement of parties or provision of the law, must be awarded in public deed.
p.(None): 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
p.(None): 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
p.(None): fulfilled, or ensure compliance.
p.(None): CHAPTER 8
p.(None): Proof
p.(None): 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,
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p.(None): consumers in embarrassing, demeaning or intimidating situations.
p.(None): ARTICLE 1098.- Equitable and non-discriminatory treatment. Suppliers must give consumers fair and non-discriminatory treatment. They can't set
p.(None): differences based on guidelines contrary to the constitutional guarantee of equality, especially that of the nationality of consumers.
p.(None): ARTICLE 1099.- Freedom to contract. Practices that limit the consumer's freedom to contract are prohibited, especially those that subordinate the provision of
p.(None): products or services to the simultaneous acquisition of others, and other similar ones that pursue the same objective.
p.(None): SECTION 2
p.(None): Information and advertising aimed at consumers
p.(None): ARTICLE 1100.- Information. The provider is obliged to provide information to the consumer in a certain and detailed way, regarding everything related to
p.(None): 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
p.(None): always be free to the consumer and provided with the necessary clarity that allows understanding.
p.(None): ARTICLE 1101.- Advertising. All advertising that:
p.(None): 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;
p.(None): b) make comparisons of goods or services when they are of a nature that leads to consumer error;
p.(None): c) is abusive, discriminatory or induces the consumer to behave in a way that is detrimental or dangerous to their health or safety.
p.(None): ARTICLE 1102.- Actions. Affected consumers or those who are legally legitimized can request the judge: the cessation of illegal advertising, publication,
p.(None): charge of the defendant, of rectifying notices and, where appropriate, of the conviction.
p.(None): ARTICLE 1103.- Effects of advertising. The details formulated in advertising or in advertisements, prospectuses, circulars or other means of dissemination are considered included.
p.(None): in the contract with the consumer and oblige the offeror.
p.(None): CHAPTER 3
p.(None): Special modalities
p.(None): ARTICLE 1104.- Contracts concluded outside commercial establishments. It is included in the category of contract concluded outside the establishments
p.(None): 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
p.(None): 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
p.(None): call is totally or partially different from the contract, or it is a prize or gift.
p.(None): ARTICLE 1105.- Contracts entered into remotely. Remote contracts are those concluded between a supplier and a consumer with the exclusive use of
p.(None): remote means of communication, understood as such those that can be used without the simultaneous physical presence of the contracting parties. In particular, it
p.(None): They consider the postal, electronic, telecommunications media, as well as radio, television or press services.
p.(None): ARTICLE 1106.- Use of electronic means. Whenever this Code or special laws require the contract to be in writing, this requirement must be
p.(None): understand satisfied if the contract with the consumer or user contains an electronic medium or other similar technology.
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p.(None): b) the heirs of the deceased, in the case of funeral expenses;
p.(None): 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.
p.(None): CHAPTER 4
p.(None): Enrichment without cause
p.(None): SECTION 1
p.(None): General disposition
p.(None): 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
p.(None): patrimonial detriment of the impoverished.
p.(None): 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.
p.(None): 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
p.(None): impoverishment suffered.
p.(None): SECTION 2
p.(None): Improper payment
p.(None): ARTICLE 1796.- Cases. Payment is repeatable, if:
p.(None): 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
p.(None): produce;
p.(None): b) who pays is not obligated, or is not within the scope in which he pays, unless he does so as a third party;
p.(None): c) the payment is received by the non-creditor, unless it is delivered as liberality;
p.(None): d) the cause of payment is unlawful or immoral;
p.(None): e) payment is obtained by illegal means.
p.(None): ARTICLE 1797.- Irrelevance of the error. The repetition of the payment is not subject to having been made in error.
p.(None): ARTICLE 1798.- Reach scope. The repetition forces to return the received, according to the rules of the obligations to give to return.
p.(None): ARTICLE 1799.- Special situations. In particular:
p.(None): a) the restitution in charge of an incapable person or with restricted capacity cannot exceed the profit that has been obtained;
p.(None): 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
p.(None): legal subrogation in the rights of the former;
p.(None): 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
p.(None): destiny than vacant inheritances.
p.(None): CHAPTER 5
p.(None): Unilateral declaration of will
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 1800.- General rule. The unilateral declaration of will causes a legally enforceable obligation in the cases provided by law or by uses and
p.(None): custom. The rules relating to contracts apply to it subsidiarily.
p.(None): ARTICLE 1801.- Recognition and promise of payment. The promise to pay an obligation made unilaterally assumes the existence of a valid source,
p.(None): unless proven otherwise. Article 733 applies for recognition.
p.(None): 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
...

p.(None): If several people contribute to the same result, what the taxpayers have agreed and made known to the promisor is applied by reliable means.
p.(None): 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
p.(None): among taxpayers, those that in all cases are settled by friendly compilers.
p.(None): SECTION 3
p.(None): Public contest
p.(None): 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
p.(None): presentation of interested parties and completion of planned work.
p.(None): 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.
p.(None): The promisor cannot demand the transfer of the pecuniary rights on the awarded work if that transmission was not foreseen in the contest rules.
p.(None): ARTICLE 1808.- Recipients. The promise referred to in article 1807 can be made with respect to any person or persons determined by certain qualities
p.(None): which must be clearly announced. No calls may be made that make arbitrary differences by race, sex, religion, ideology, nationality, political opinion or
p.(None): union, economic or social position, or based on other illegal discrimination.
p.(None): 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
p.(None): 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
p.(None): calls to contest.
p.(None): SECTION 4
p.(None): Unilateral guarantees
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): may have, even if it maintains the right of repetition against the beneficiary, the payer or both.
p.(None): The payment empowers the promotion of the corresponding recursive actions.
p.(None): 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
p.(None): set an adequate bond that the beneficiary must meet before collection.
p.(None): ARTICLE 1811.- Subjects. They can issue this kind of guarantees:
p.(None): a) public persons;
p.(None): b) private legal entities in which their partners, founders or members do not respond unlimitedly;
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p.(None): in the interest of the creditor.
p.(None): ARTICLE 2586.- Conflict between creditors with special privilege. The special privileges have the priority that results from the clauses of article 2582, except those
p.(None): following assumptions:
p.(None): a) the credits mentioned in subsection f) of article 2582 have the order provided in their respective legal systems;
p.(None): b) the withholding credit prevails over the credits with special privilege if the withholding begins to be exercised before the privileged credits are born;
p.(None): 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
p.(None): common expenses in the horizontal property, if the credits were accrued after the constitution of the guarantee;
p.(None): d) tax credits and those derived from construction, improvement or conservation, including credits for common expenses in horizontal property, prevail over those
p.(None): post-birth labor credits;
p.(None): e) the credits with real guarantee prevail over the labor credits accrued after the constitution of the guarantee;
p.(None): f) If there are credits included in the same subsection and on identical assets, they are settled pro rata.
p.(None): TITLE III
p.(None): Lien
p.(None): 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
p.(None): he owes you on account of the thing.
p.(None): 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
p.(None): free, except in the interest of the other contracting party.
p.(None): 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.
p.(None): 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
p.(None): lien for a sufficient guarantee.
p.(None): ARTICLE 2590.- Attributions of the retainer. The retainer has the right to:
p.(None): 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;
p.(None): b) receive a canon for the deposit, since it intimates the debtor to pay and receive the thing, with negative result;
p.(None): c) perceive the natural fruits of the thing retained, but is not obliged to do so.
p.(None): 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
p.(None): surplus to capital.
p.(None): ARTICLE 2591.- Obligations of the retainer. The retainer is obligated to:
p.(None): 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;
p.(None): b) keep the thing and make the necessary improvements at the debtor's expense;
p.(None): 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.
p.(None): ARTICLE 2592.- Effects. The withholding power:
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p.(None): 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;
p.(None): e) in the event of expropriation, claim or execution authorized by this Chapter, with the limits indicated in article 249.
p.(None): 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
p.(None): establish local regulations.
p.(None): TITLE IV
p.(None): Facts and legal acts
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): 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
p.(None): legal situations.
p.(None): 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
p.(None): legal relationships or situations.
p.(None): 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.
p.(None): ARTICLE 260.- Voluntary act. The voluntary act is the one performed with discernment, intention and freedom, which is manifested by an external fact.
p.(None): ARTICLE 261.- Involuntary act. It is involuntary for lack of discernment:
p.(None): a) the act of who, at the time of doing it, is deprived of reason;
p.(None): b) The unlawful act of a minor who has not reached the age of ten;
p.(None): c) the lawful act of a minor who has not reached the age of thirteen, without prejudice to the provisions of special provisions.
p.(None): 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.
p.(None): ARTICLE 263.- Silence as a manifestation of the will. Silence opposed to acts or interrogation is not considered as a manifestation of will
p.(None): 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,
p.(None): or of a relationship between the current silence and the preceding statements.
p.(None): 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
p.(None): effectiveness when the law or convention requires an express statement.
p.(None): EPISODE 2
p.(None): Error as a vice of the will
p.(None): 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
p.(None): recognizable by the recipient to cause invalidity.
p.(None): 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,
p.(None): Time and place.
p.(None): ARTICLE 267.- Assumptions of essential error. The factual error is essential when it falls on:
p.(None): a) the nature of the act;
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p.(None): 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
p.(None): established in articles 323, 324 and 325.
p.(None): CHAPTER 6
p.(None): Vices of legal acts
p.(None): SECTION 1
p.(None): Injury
p.(None): ARTICLE 332.- Injury. The nullity or modification of legal acts can be demanded when one of the parties exploiting the need, psychic weakness or
p.(None): inexperience of the other, obtain through them an obviously disproportionate and unjustified patrimonial advantage.
p.(None): Unless there is evidence to the contrary, it is presumed that such exploitation exists in the event of a significant disproportion of benefits.
p.(None): 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.
p.(None): 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
p.(None): offered by the defendant in answering the lawsuit.
p.(None): Only the injured or his heirs can exercise the action.
p.(None): SECTION 2
p.(None): Simulation
p.(None): >
p.(None): 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
p.(None): 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
p.(None): reality are constituted or transmitted.
p.(None): 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
p.(None): 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
p.(None): simulated.
p.(None): 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
p.(None): the other on simulation, except that the parties cannot obtain any benefit from the results of the simulation action.
p.(None): 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
p.(None): it exists or it cannot be presented and there are circumstances that make the simulation unequivocal.
p.(None): 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
p.(None): simulation by any means of proof.
p.(None): 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
p.(None): the goods included in the act.
p.(None): 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.
p.(None): 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
p.(None): 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,
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p.(None): ARTICLE 883.- Legitimation to receive payments. The payment made is extinguishing the credit:
p.(None): 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
p.(None): of their obligation;
p.(None): b) at the order of the judge who ordered the attachment of the loan;
p.(None): c) to the third party indicated to receive payment, in whole or in part;
p.(None): 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
p.(None): payment;
p.(None): 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
p.(None): expired in judgment on the right it invokes.
p.(None): 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:
p.(None): a) in the case of subsection c) of article 883, pursuant to the terms of the internal relationship between the two;
p.(None): b) in the cases of subsections d) and e) of article 883, in accordance with the rules of undue payment.
p.(None): 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
p.(None): 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.
p.(None): However, the payment produces effects to the extent that the creditor has benefited.
p.(None): SECTION 2
p.(None): Blackberry
p.(None): 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
p.(None): of the obligation.
p.(None): The creditor is in default if the debtor makes an offer of payment in accordance with article 867 and unreasonably refuses to receive it.
p.(None): ARTICLE 887.- Exceptions to the principle of automatic default. The automatic default rule does not apply to obligations:
p.(None): 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
p.(None): the uses and in good faith, must be followed;
p.(None): 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
p.(None): 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
p.(None): judgment for the fulfillment of the obligation.
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p.(None): 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
p.(None): conflict prevention or resolution, may include provisions referring to future hereditary rights and establish compensation in favor of other legitimates. These
p.(None): 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.
p.(None): ARTICLE 1011.- Long-term contracts. In long-term contracts, time is essential for the fulfillment of the object, so that the effects occur
p.(None): loved by the parties or the need that led them to contract is satisfied.
p.(None): 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
p.(None): Total length.
p.(None): 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.
p.(None): CHAPTER 6
p.(None): Cause
p.(None): ARTICLE 1012.- General provisions. The provisions of Section 2, Chapter 5, Title IV, First Book of this Code apply to the cause of contracts.
p.(None): 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
p.(None): cases, to the nullity, adaptation or termination of the contract.
p.(None): ARTICLE 1014.- Unlawful cause. The contract is void when:
p.(None): a) its cause is contrary to morality, public order or good customs;
p.(None): 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
p.(None): versus the other, but the latter can claim what she has given, without obligation to fulfill what she has offered.
p.(None): CHAPTER 7
p.(None): Shape
p.(None): ARTICLE 1015.- Freedom of forms. Only contracts to which the law imposes a certain form are formal.
p.(None): 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,
p.(None): except that they only deal with accessory or secondary stipulations, or that there is a legal provision to the contrary.
p.(None): ARTICLE 1017.- Public deed. They must be granted by public deed:
p.(None): 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.
p.(None): by auction from judicial or administrative execution;
p.(None): b) contracts that have as object doubtful or litigious rights over real estate;
p.(None): c) all acts that are accessory to other contracts awarded in public deed;
p.(None): d) the other contracts that, by agreement of parties or provision of the law, must be awarded in public deed.
p.(None): 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
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p.(None): TITLE V
p.(None): Other sources of obligations
p.(None): CHAPTER 1
p.(None): Civil liability
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 1708.- Responsibility functions. The provisions of this Title are applicable to the prevention of damage and its repair.
p.(None): 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
p.(None): applicable, in the following order of priority:
p.(None): a) the unavailable norms of this Code and the special law;
p.(None): b) the autonomy of the will;
p.(None): c) the supplementary norms of the special law;
p.(None): d) the supplementary rules of this Code.
p.(None): SECTION 2
p.(None): Preventive function and excessive puncture
p.(None): ARTICLE 1710.- Duty to prevent damage. Every person has a duty, as far as he depends, to:
p.(None): a) avoid causing unwarranted harm;
p.(None): 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
p.(None): 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
p.(None): of enrichment without cause;
p.(None): c) not aggravate the damage, if it has already occurred.
p.(None): ARTICLE 1711.- Preventive action. Preventive action proceeds when an unlawful act or omission makes it foreseeable the production of a damage, its continuation or
p.(None): aggravation. The concurrence of any attribution factor is not required.
p.(None): ARTICLE 1712.- Legitimation. Those who demonstrate a reasonable interest in the prevention of damage are entitled to claim.
p.(None): 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,
p.(None): 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.
p.(None): ARTICLE 1714.- Excessive punishment. If the application of pecuniary administrative, criminal or civil convictions in relation to a fact provokes an unreasonable punishment or
p.(None): excessive, the judge must compute it in order to prudently set its amount.
p.(None): ARTICLE 1715.- Powers of the judge. In the case provided for in article 1714, the judge may withdraw the measure, totally or partially.
p.(None): SECTION 3
p.(None): Compensatory function
p.(None): 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
p.(None): the provisions of this Code.
p.(None): ARTICLE 1717.- Unlawfulness. Any action or omission that causes harm to another is unlawful if not justified.
p.(None): ARTICLE 1718.- Legitimate defense, state of necessity and regular exercise of a right. The fact that causes damage is justified:
p.(None): a) in the regular exercise of a right;
p.(None): 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
p.(None): illegitimate aggressor and suffers damages as a result of an act carried out in legitimate defense, has the right to obtain full reparation;
p.(None): 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
p.(None): 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
p.(None): consider equitable.
p.(None): ARTICLE 1719.- Assumption of risks. Voluntary exposure by the victim to a dangerous situation does not justify the harmful event or exempt from liability
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): obtained.
p.(None): 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
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p.(None): This Code uses the terms “fortuitous event” and “force majeure” as synonyms.
p.(None): 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
p.(None): of the fortuitous case.
p.(None): 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
p.(None): 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
p.(None): and the prohibition of the abusive exercise of rights.
p.(None): 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
p.(None): responsible in the following cases:
p.(None): a) if it has assumed compliance even if a fortuitous event or an impossibility occurs;
p.(None): b) if a legal provision results that it is not released due to an unforeseen event or impossibility of compliance;
p.(None): c) if it is in default, unless it is indifferent to the production of the fortuitous event or the impossibility of compliance;
p.(None): d) if the fortuitous event or the impossibility of compliance arise due to their fault;
p.(None): 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;
p.(None): f) if you are obliged to return as a consequence of an unlawful act.
p.(None): ARTICLE 1734.- Proof of attribution factors and exemptions. Except legal provision, the burden of proof of attribution factors and circumstances
p.(None): exemptions corresponds to those who allege them.
p.(None): 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
p.(None): 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
p.(None): allow litigants to offer and produce the elements of conviction they make to their defense.
p.(None): 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
p.(None): show off. The burden of proof of another's cause, or of the impossibility of compliance, falls on the one who invokes it.
p.(None): SECTION 4
p.(None): Compensable damage
p.(None): 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
p.(None): heritage, or a right of collective incidence.
p.(None): 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
p.(None): 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
p.(None): victim of his personal integrity, his psychophysical health, his legitimate spiritual affections and those that result from interference in his life project.
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p.(None): uses of the place.
p.(None): ARTICLE 1793.- Obliged to reimbursement. The creditor has the right to demand repayment:
p.(None): a) who receives the utility;
p.(None): b) the heirs of the deceased, in the case of funeral expenses;
p.(None): 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.
p.(None): CHAPTER 4
p.(None): Enrichment without cause
p.(None): SECTION 1
p.(None): General disposition
p.(None): 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
p.(None): patrimonial detriment of the impoverished.
p.(None): 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.
p.(None): 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
p.(None): impoverishment suffered.
p.(None): SECTION 2
p.(None): Improper payment
p.(None): ARTICLE 1796.- Cases. Payment is repeatable, if:
p.(None): 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
p.(None): produce;
p.(None): b) who pays is not obligated, or is not within the scope in which he pays, unless he does so as a third party;
p.(None): c) the payment is received by the non-creditor, unless it is delivered as liberality;
p.(None): d) the cause of payment is unlawful or immoral;
p.(None): e) payment is obtained by illegal means.
p.(None): ARTICLE 1797.- Irrelevance of the error. The repetition of the payment is not subject to having been made in error.
p.(None): ARTICLE 1798.- Reach scope. The repetition forces to return the received, according to the rules of the obligations to give to return.
p.(None): ARTICLE 1799.- Special situations. In particular:
p.(None): a) the restitution in charge of an incapable person or with restricted capacity cannot exceed the profit that has been obtained;
p.(None): 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
p.(None): legal subrogation in the rights of the former;
p.(None): 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
p.(None): destiny than vacant inheritances.
p.(None): CHAPTER 5
p.(None): Unilateral declaration of will
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 1800.- General rule. The unilateral declaration of will causes a legally enforceable obligation in the cases provided by law or by uses and
p.(None): custom. The rules relating to contracts apply to it subsidiarily.
p.(None): ARTICLE 1801.- Recognition and promise of payment. The promise to pay an obligation made unilaterally assumes the existence of a valid source,
p.(None): unless proven otherwise. Article 733 applies for recognition.
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Political / Indigenous

Searching for indicator indigenous:

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p.(None): ARTICLE 8 - The following are applicable as complementary norms of application of the Civil and Commercial Code of the Nation:
p.(None): 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
p.(None): You can request the conversion of the personal separation sentence into a divorce bond.
p.(None): 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
p.(None): resolves, without any formalities, with the approval of the petition.
p.(None): 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
p.(None): for three (3) days.
p.(None): The conversion resolution must be recorded in the record that took note of the separation. ”
p.(None): 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
p.(None): 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
p.(None): means of state terrorism. " (Corresponds to article 69 of the Civil and Commercial Code of the Nation).
p.(None): ARTICLE 9 - The following are applicable as transitory norms of application of the Civil and Commercial Code of the Nation:
p.(None): First. “The rights of indigenous peoples, in particular community ownership of the lands they traditionally occupy and of those other suitable and sufficient to
p.(None): human development will be the object of a special law. ” (Corresponds to article 18 of the Civil and Commercial Code of the Nation).
p.(None): 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).
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): 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).
p.(None): 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."
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p.(None): 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
p.(None): granted in fraud to the law. In that case, the act must be subject to the imperative norm that is to be avoided.
p.(None): 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
p.(None): Legal prohibit it.
p.(None): ARTICLE 14.- Individual and collective incidence rights. This Code recognizes:
p.(None): a) individual rights;
p.(None): b) collective advocacy rights.
p.(None): The law does not protect the abusive exercise of individual rights when it may affect the environment and collective advocacy rights in general.
p.(None): CHAPTER 4
p.(None): Rights and assets
p.(None): 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
p.(None): in this Code.
p.(None): 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
p.(None): 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.
p.(None): 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,
p.(None): 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.
p.(None): ARTICLE 18.- Rights of indigenous communities. Recognized indigenous communities have the right to community possession and ownership of the lands that
p.(None): 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
p.(None): 17 of the National Constitution.
p.(None): BOOK FIRST
p.(None): GENERAL PART
p.(None): TITLE I
p.(None): Human person
p.(None): CHAPTER 1
p.(None): Beginning of existence
p.(None): ARTICLE 19.- Beginning of existence. The existence of the human person begins with conception.
p.(None): 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
p.(None): 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.
p.(None): 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.
p.(None): If he is not born alive, the person is considered never to have existed. The live birth is presumed.
p.(None): EPISODE 2
p.(None): Capacity
p.(None): SECTION 1
p.(None): General principles
p.(None): 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
p.(None): regarding facts, simple acts, or specific legal acts.
p.(None): ARTICLE 23.- Exercise capacity. Every human person can exercise their rights by themselves, except the limitations expressly provided in this Code and in
p.(None): a court ruling.
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p.(None): involve developing euthanasic practices are taken as unwritten.
p.(None): This declaration of will can be freely revoked at any time.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): given the deceased of having been able to express his will.
p.(None): CHAPTER 4
p.(None): Name
p.(None): ARTICLE 62.- Right and duty. The human person has the right and the duty to use the corresponding first name and surname.
p.(None): ARTICLE 63.- Rules regarding the prename. The choice of the prename is subject to the following rules:
p.(None): 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
p.(None): 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;
p.(None): b) no more than three prenames can be registered, surnames as prenames, first prenames identical to first prenames of living siblings; neither can
p.(None): register extravagant prenames;
p.(None): c) Aboriginal names or names derived from indigenous and Latin American aboriginal voices may be registered.
p.(None): 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
p.(None): 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.
p.(None): All children of the same marriage must bear the surname and the composite integration that has been decided for the first of the children.
p.(None): 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
p.(None): 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
p.(None): of the child.
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Political / criminal

Searching for indicator criminal:

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p.(None): The emancipated person enjoys full exercise capacity with the limitations provided in this Code.
p.(None): 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
p.(None): the sentence passes in res judicata authority.
p.(None): 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
p.(None): enforceability.
p.(None): ARTICLE 28.- Acts prohibited to the emancipated person. The emancipated person cannot, nor with judicial authorization:
p.(None): a) approve the accounts of their guardians and give them a settlement;
p.(None): b) make a donation of goods that would have been received free of charge;
p.(None): c) strengthen obligations.
p.(None): 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
p.(None): granted when the act is of any need or obvious advantage.
p.(None): ARTICLE 30.- Minor person with an enabling professional title. A minor who has obtained a qualifying title to practice a profession may
p.(None): 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
p.(None): in civil or criminal trial for issues related to it.
p.(None): SECTION 3
p.(None): Capacity restrictions
p.(None): 1st paragraph
p.(None): Common principles
p.(None): ARTICLE 31.- General rules. The restriction on the exercise of legal capacity is governed by the following general rules:
p.(None): a) the general exercise capacity of the human person is presumed, even when they are hospitalized in a healthcare establishment;
p.(None): b) limitations on capacity are exceptional and are always imposed for the benefit of the person;
p.(None): c) State intervention is always interdisciplinary in nature, both in the treatment and in the judicial process;
p.(None): d) the person has the right to receive information through appropriate means and technologies for its understanding;
p.(None): 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;
p.(None): f) The least restrictive therapeutic alternatives of rights and freedoms should be prioritized.
p.(None): 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
p.(None): 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
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p.(None): effectively an existing position and acts under the appearance of legitimacy of the title.
p.(None): ARTICLE 293.- Competition. The public instruments extended in accordance with the provisions of this Code enjoy full faith and produce identical effects throughout the
p.(None): territory of the Republic, whatever the jurisdiction where they have been granted.
p.(None): ARTICLE 294.- Defects of form. The public instrument that has amendments, additions, erasures, interlines and alterations in essential parts is invalid, if
p.(None): they are not saved before the required signatures.
p.(None): The instrument that does not have the due form is valid as a private instrument if it is signed by the parties.
p.(None): ARTICLE 295.- Unfit witnesses. They cannot be witnesses in public instruments:
p.(None): a) people unable to exercise and those who are prevented by a sentence from being a witness in public instruments;
p.(None): b) those who do not know how to sign;
p.(None): c) the dependents of the public officer;
p.(None): d) the spouse, the partner and the relatives of the public official, within the fourth and second degree of affinity;
p.(None): The common mistake about the suitability of witnesses saves the effectiveness of the instruments in which they have intervened.
p.(None): ARTICLE 296.- Evidentiary efficacy. The public instrument makes full faith:
p.(None): 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
p.(None): civil or criminal;
p.(None): b) regarding the content of the declarations on conventions, provisions, payments, acknowledgments and statements of facts directly related to the object
p.(None): main of the act implemented, until evidence to the contrary occurs.
p.(None): 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
p.(None): they allege that they testified or granted the act as victims of fraud or violence.
p.(None): 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
p.(None): regarding interested third parties in good faith.
p.(None): SECTION 5
p.(None): Public deed and minutes
p.(None): 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
p.(None): 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
p.(None): 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.
p.(None): 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
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p.(None): 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
p.(None): third party to whom the election has been entrusted.
p.(None): ARTICLE 784.- Choice of modalities or circumstances. If the obligation authorizes the election regarding its modalities or circumstances, the rules apply
p.(None): precedents on the right to make the option and its legal effects.
p.(None): ARTICLE 785.- Limited gender obligations. The provisions of this Section apply to obligations in which the debtor must deliver an uncertain thing but
p.(None): comprised within a number of certain things of the same species.
p.(None): SECTION 4
p.(None): Optional obligations
p.(None): 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
p.(None): fulfilling the accessory. The debtor has until the moment of payment to exercise the power to choose.
p.(None): ARTICLE 787.- Extinction. The optional obligation is extinguished if the main benefit is impossible, without prejudice to the corresponding liability.
p.(None): ARTICLE 788.- Case of doubt. In case of doubt as to whether the obligation is alternative or optional, it is an alternative.
p.(None): ARTICLE 789.- Option between modalities and circumstances. If the obligation authorizes the option regarding its modalities or circumstances, the rules apply
p.(None): precedents.
p.(None): SECTION 5
p.(None): Obligations with a penal clause and penalty penalties
p.(None): 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
p.(None): delay or not execute the obligation.
p.(None): 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
p.(None): be for the benefit of the creditor or a third party.
p.(None): 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
p.(None): exemption from the fortuitous case must be interpreted and applied restrictively.
p.(None): 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
p.(None): creditor is not entitled to other compensation, even if it proves that the penalty is not sufficient reparation.
p.(None): 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
p.(None): creditor suffered no harm.
p.(None): 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.
p.(None): circumstances of the case, configure an abusive use of the debtor's situation.
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): forced, and the creditor accepts it, the sentence must be reduced proportionally.
p.(None): 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
p.(None): proportion of its part, as long as the obligation of the criminal clause is divisible.
p.(None): 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
p.(None): debtor, is obliged to satisfy the entire sentence.
p.(None): 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
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): Ancillary could not be required judicially, provided it is not condemned by law.
p.(None): ARTICLE 804.- Compensation sanctions. Judges can impose for the benefit of the right holder, pecuniary condemnations on those who do not
p.(None): 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
p.(None): left without effect or readjusted if the latter desists from its resistance and fully or partially justifies its proceeding.
p.(None): The observance of judicial mandates issued to public authorities is governed by the rules of administrative law.
p.(None): SECTION 6
p.(None): Divisible and indivisible obligations
p.(None): 1st paragraph
p.(None): Divisible obligations
p.(None): ARTICLE 805.- Concept. Divisible obligation is the one whose object is benefits capable of partial fulfillment.
p.(None): ARTICLE 806.- Requirements. The legally divisible benefit requires the concurrence of the following requirements:
p.(None): a) be materially fractional, so that each of its parts has the same quality of the whole;
p.(None): b) the value of the object is not significantly affected, nor is its use and enjoyment uneconomical, due to the division.
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p.(None): Procedure;
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): provided for in this subsection, adding the costs of the process;
p.(None): 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
p.(None): 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
p.(None): relevant procedural.
p.(None): 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:
p.(None): 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
p.(None): 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
p.(None): 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,
p.(None): and the policyholder's action if applicable; or
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): Both clauses can include the execution against the guarantors or guarantors of the policyholder. The registered address is the one established in the contract.
p.(None): 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,
p.(None): 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
p.(None): 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
p.(None): the determination of the exercise price of the purchase option and for the acts subsequent to its exercise and payment.
p.(None): CHAPTER 6
p.(None): Work and services
p.(None): SECTION 1
p.(None): Provisions common to works and services
p.(None): 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,
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p.(None): expressly, by supernacence of the donor's children.
p.(None): If the donation is onerous, the donor must reimburse the value of the charges paid or the services provided by the donor.
p.(None): ARTICLE 1570.- Breach of charges. The donation may be revoked for breach of charges.
p.(None): Revocation does not harm third parties for whose benefit the charges are established.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): time to promote the revocation action, with your interests.
p.(None): ARTICLE 1571.- Ingratitude. Donations may be revoked due to the grantee's ingratitude in the following cases:
p.(None): a) if the grantee attempts against the life or person of the donor, his spouse or partner, his ancestors or descendants;
p.(None): b) if he seriously injures the same people or affects them in his honor;
p.(None): c) if it unfairly deprives them of assets that make up their assets;
p.(None): d) if you refuse food to the donor.
p.(None): In all the alleged statements, proof that the wrongful act is imputable to the grantee is sufficient, without the need for a criminal conviction.
p.(None): ARTICLE 1572.- Denial of maintenance. The revocation of the donation due to denial of food provision can only take place when the donor cannot
p.(None): get them from people bound by family relationships.
p.(None): 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
p.(None): 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
p.(None): also be held against his heirs.
p.(None): 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
p.(None): typifier of ingratitude.
p.(None): CHAPTER 23
p.(None): Bond
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 1574.- Concept. There is a bond contract when a person is obligatorily by another to satisfy a benefit in the event of default.
p.(None): 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
p.(None): damages resulting from non-execution.
p.(None): 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
p.(None): subject to stipulations that make it more onerous.
p.(None): Failure to observe the preceding rule does not invalidate the bond, but authorizes its reduction to the limits of the main obligation.
p.(None): The guarantor may provide guarantees for the security of your deposit.
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p.(None): Preventive function and excessive puncture
p.(None): ARTICLE 1710.- Duty to prevent damage. Every person has a duty, as far as he depends, to:
p.(None): a) avoid causing unwarranted harm;
p.(None): 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
p.(None): 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
p.(None): of enrichment without cause;
p.(None): c) not aggravate the damage, if it has already occurred.
p.(None): ARTICLE 1711.- Preventive action. Preventive action proceeds when an unlawful act or omission makes it foreseeable the production of a damage, its continuation or
p.(None): aggravation. The concurrence of any attribution factor is not required.
p.(None): ARTICLE 1712.- Legitimation. Those who demonstrate a reasonable interest in the prevention of damage are entitled to claim.
p.(None): 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,
p.(None): 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.
p.(None): ARTICLE 1714.- Excessive punishment. If the application of pecuniary administrative, criminal or civil convictions in relation to a fact provokes an unreasonable punishment or
p.(None): excessive, the judge must compute it in order to prudently set its amount.
p.(None): ARTICLE 1715.- Powers of the judge. In the case provided for in article 1714, the judge may withdraw the measure, totally or partially.
p.(None): SECTION 3
p.(None): Compensatory function
p.(None): 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
p.(None): the provisions of this Code.
p.(None): ARTICLE 1717.- Unlawfulness. Any action or omission that causes harm to another is unlawful if not justified.
p.(None): ARTICLE 1718.- Legitimate defense, state of necessity and regular exercise of a right. The fact that causes damage is justified:
p.(None): a) in the regular exercise of a right;
p.(None): 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
p.(None): illegitimate aggressor and suffers damages as a result of an act carried out in legitimate defense, has the right to obtain full reparation;
p.(None): 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
...

p.(None): 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.
p.(None): 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
p.(None): it must be evaluated by determining a capital, so that its income covers the diminished ability of the victim to carry out productive activities
p.(None): 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,
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): the compensatory criminal clause, without prejudice to the judge's reducing powers when that accumulation is abusive.
p.(None): ARTICLE 1748.- Course of interests. The course of interest begins from the time each damage occurs.
p.(None): SECTION 5
p.(None): Direct liability
p.(None): ARTICLE 1749.- Responsible subjects. It is the direct responsibility of those who breach an obligation or cause unjustified damage by action or omission.
p.(None): 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
p.(None): article 1742.
p.(None): 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.
p.(None): 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
p.(None): solidarity. If the plurality derives from different causes, the rules of the concurrent obligations apply.
p.(None): ARTICLE 1752.- Cover-up. The cover-up responds as soon as his cooperation has caused harm.
p.(None): SECTION 6
p.(None): Liability for the fact of third parties
p.(None): ARTICLE 1753.- Liability of the principal for the act of the dependent. The principal responds objectively for the damages caused by those under his
p.(None): 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
p.(None): entrusted.
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p.(None): vehicular.
p.(None): ARTICLE 1770.- Protection of private life. He who arbitrarily meddles in the lives of others and publishes portraits, spreads correspondence, mortifies others in his
p.(None): 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
p.(None): 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
p.(None): measure is appropriate for a proper repair.
p.(None): ARTICLE 1771.- Slanderous accusation. In the damages caused by a slanderous accusation, only one responds for intent or serious fault.
p.(None): 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
p.(None): victim was involved.
p.(None): SECTION 10
p.(None): Exercise of liability actions
p.(None): 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:
p.(None): a) the holder of a real right over the thing or good;
p.(None): b) the holder and the holder in good faith of the thing or good.
p.(None): 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
p.(None): and the indirect.
p.(None): SECTION 11
p.(None): Civil and criminal actions
p.(None): ARTICLE 1774.- Independence. Civil action and criminal action resulting from the same fact can be exercised independently. In cases where the fact
p.(None): 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
p.(None): procedural or special laws.
p.(None): 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
p.(None): must be suspended in the civil process until the conclusion of the criminal process, with the exception of the following cases:
p.(None): a) if there are grounds for termination of the criminal action;
p.(None): b) if the delay of the criminal procedure causes, in fact, an effective frustration of the right to be compensated;
p.(None): c) if the civil action for compensation for damage is based on an objective factor of liability.
p.(None): ARTICLE 1776.- Criminal conviction. The criminal conviction produces effects of res judicata in the civil process regarding the existence of the main fact that
p.(None): constitutes the crime and the guilt of the convicted person.
p.(None): 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
p.(None): person responsible did not participate, these circumstances cannot be discussed in the civil process.
p.(None): 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
p.(None): the same fact as a generator of civil liability.
p.(None): ARTICLE 1778.- Absolutory excuses. Criminal acquittals do not affect civil action, except as otherwise expressly provided by law.
p.(None): ARTICLE 1779.- Impediment to repair the damage. They prevent the repair of damage:
p.(None): a) proof of the truth of the reputed slanderous fact;
p.(None): 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.
p.(None): 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
p.(None): proceeds exclusively, and at the request of an interested party, in the following cases:
p.(None): 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
p.(None): change in legislation;
p.(None): 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
p.(None): civil conviction, or for not being its author;
p.(None): c) other cases provided by law.
p.(None): EPISODE 2
p.(None): Business management
p.(None): 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
p.(None): do a liberality and without being authorized or obligated, conventionally or legally.
p.(None): ARTICLE 1782.- Obligations of the manager. The manager is obliged to:
p.(None): a) promptly notify the business owner who took over the management, and await their response, provided that waiting for it is not harmful;
p.(None): b) act in accordance with the convenience and the intention, real or presumed, of the business owner;
p.(None): c) continue management until the business owner has the possibility to assume it for himself or, where appropriate, until it is concluded;
p.(None): D) provide adequate information regarding business management owner;
p.(None): e) once the management is completed, render accounts to the business owner.
p.(None): ARTICLE 1783.- Conclusion of the management. Management concludes:
p.(None): 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
p.(None): own;
p.(None): b) when the business ends.
p.(None): 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
p.(None): obligations; and provided that this does not affect third parties in good faith.
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p.(None): ARTICLE 2278.- Heir and legatee. Concept. Heir is the person to whom the universality is transmitted or an undivided part of the inheritance; legatee
p.(None): who receives a particular good or a set of them.
p.(None): ARTICLE 2279.- People who can happen. They can happen to the causer:
p.(None): a) the human persons existing at the time of their death;
p.(None): b) those conceived at that time that are born alive;
p.(None): c) those born after their death using assisted human reproduction techniques, with the requirements established in article 561;
p.(None): d) the legal entities existing at the time of his death and the foundations created by his will.
p.(None): 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
p.(None): of which are not transmissible by succession, and continue in the possession of what the deceased was the holder.
p.(None): 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.
p.(None): 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.
p.(None): EPISODE 2
p.(None): Indignity
p.(None): ARTICLE 2281.- Causes of unworthiness. They are unworthy to happen:
p.(None): 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,
p.(None): ascendants, spouse, partner or siblings. This cause of indignity is not covered by the extinction of the criminal action or by the penalty;
p.(None): b) those who have seriously mistreated the deceased, or seriously offended his memory;
p.(None): 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,
p.(None): descendant, ascendant or brother, or has acted in compliance with a legal duty;
p.(None): 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
p.(None): 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
p.(None): murderer or his accomplice;
p.(None): 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
p.(None): same;
p.(None): f) the extramarital father who has not voluntarily recognized the deceased during his minor age;
p.(None): g) the father or mother of the deceased who has been deprived of parental responsibility;
p.(None): 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,
p.(None): hide or replace the will;
p.(None): i) those who have incurred the other causes of ingratitude that allow the donations to be revoked.
p.(None): 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.
p.(None): 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,
p.(None): it involves forgiveness, unless proven ignorance of such facts by the testator.
p.(None): 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
p.(None): attributed to the unworthy. The defendant can also oppose it as an exception for reduction, collation or inheritance request.
p.(None): 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
p.(None): knows the existence of the cause of unworthiness.
p.(None): 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
p.(None): term from the delivery of the legacy.
p.(None): However, the defendant for the unworthy for reduction, collation or petition for inheritance, can invoke the unworthiness at all times.
p.(None): ARTICLE 2285.- Effects. Legally admitted exclusion, the unworthy must return the goods received, applying the provisions for the holder in bad faith. Should
p.(None): also pay interest on the sums of money received, even if you have not received them.
p.(None): The rights and obligations between the unworthy and the deceased are reborn, as well as the guarantees that ensured them.
p.(None): TITLE II
p.(None): Acceptance and renunciation of the inheritance
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Political / displaced

Searching for indicator displaced:

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p.(None): onerous or free.
p.(None): ARTICLE 541.- Content of the maintenance obligation. The provision of food includes what is necessary for subsistence, room, clothing and medical assistance,
p.(None): 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
p.(None): old, also includes what is necessary for education.
p.(None): 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
p.(None): otherwise, if it justifies sufficient reasons.
p.(None): Payments must be made on a monthly, advance and successive basis, but depending on the circumstances, the judge may set fees for shorter periods.
p.(None): ARTICLE 543.- Process. The request for maintenance is processed through the shortest process established by local law, and does not accumulate to another claim.
p.(None): 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
p.(None): expense of the lawsuit, if the lack of means is justified.
p.(None): 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
p.(None): that is the cause that has generated such a state.
p.(None): 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
p.(None): 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,
p.(None): that the sentence reaches them.
p.(None): 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
p.(None): to provide bail or bond to return the received if the sentence is revoked.
p.(None): 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
p.(None): reliable, provided that the demand is presented within six months of the appeal.
p.(None): 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
p.(None): that corresponds to each one.
p.(None): ARTICLE 550.- Precautionary measures. Precautionary measures may be ordered to ensure the payment of future, provisional, final or agreed maintenance. The
p.(None): liable may offer in lieu of other sufficient guarantees.
p.(None): 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
p.(None): that you should have discounted your dependent or any other creditor.
p.(None): 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
p.(None): 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.
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Political / political affiliation

Searching for indicator party:

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p.(None): 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
p.(None): 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
p.(None): 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).
p.(None): 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."
p.(None): (Corresponds to articles 1764, 1765 and 1766 of the Civil and Commercial Code of the Nation).
p.(None): ARTICLE 10. - Contact the national Executive Power.
p.(None): 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.
p.(None): - REGISTERED UNDER Nº 26,994 -
p.(None): BELOVED BOUDOU. - JULIAN A. DOMINGUEZ. - Lucas Chedrese. - Juan H. Estrada.
p.(None): ANNEX I
p.(None): PRELIMINARY TITLE
p.(None): CHAPTER 1
p.(None): Straight
p.(None): 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
p.(None): 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
p.(None): when the laws or the interested parties refer to them or in situations not legally regulated, provided they are not contrary to law.
p.(None): ARTICLE 2 ° .- Interpretation. The law must be interpreted taking into account its words, its purposes, similar laws, the provisions that arise from treaties
p.(None): on human rights, legal principles and values, in a manner consistent with the entire legal system.
p.(None): ARTICLE 3 .- Duty to resolve. The judge must resolve the matters that are submitted to his jurisdiction by means of a reasonably founded decision.
p.(None): EPISODE 2
p.(None): Law
p.(None): 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
p.(None): passers-by, without prejudice to the provisions of special laws.
p.(None): ARTICLE 5.- Validity. Laws apply after the eighth day of their official publication, or from the day they determine.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): 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
...

p.(None): f) The least restrictive therapeutic alternatives of rights and freedoms should be prioritized.
p.(None): 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
p.(None): 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
p.(None): damage to your person or property.
p.(None): 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
p.(None): needs and circumstances of the person.
p.(None): The designated support or supports must promote autonomy and favor decisions that respond to the preferences of the protected person.
p.(None): By exception, when the person is absolutely unable to interact with their environment and express their will in any way, medium or format
p.(None): adequate and the support system is ineffective, the judge can declare incapacity and appoint a conservator.
p.(None): ARTICLE 33.- Legitimized. They are entitled to request the declaration of incapacity and restricted capacity:
p.(None): a) the interested party;
p.(None): b) the de facto non-separated spouse and the cohabiting partner while the cohabitation has not ceased;
p.(None): c) relatives within the fourth grade; if they were by affinity, within the second degree;
p.(None): d) The Public Ministry.
p.(None): ARTICLE 34.- Precautionary measures. During the process, the judge must order the necessary measures to guarantee the personal and patrimonial rights of the person.
p.(None): 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
p.(None): support and people who act with specific functions according to the case.
p.(None): ARTICLE 35.- Personal interview. The judge must guarantee immediacy with the interested party during the process and interview him personally before issuing any resolution,
p.(None): ensuring the accessibility and reasonable adjustments of the procedure according to its situation. The Public Ministry and at least one lawyer who assists the
p.(None): interested, must be present at the hearings.
p.(None): 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
p.(None): what they do to their defense.
p.(None): 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
p.(None): 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.
p.(None): The person who requested the statement can provide all kinds of evidence to prove the facts invoked.
p.(None): ARTICLE 37.- Judgment. The sentence must be pronounced on the following aspects related to the person in whose interest the process is followed:
p.(None): a) diagnosis and prognosis;
p.(None): b) time when the situation manifested itself;
p.(None): c) existing personal, family and social resources;
p.(None): d) regime for the protection, assistance and promotion of the greatest possible autonomy.
p.(None): To issue, the opinion of an interdisciplinary team is essential.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): of his performance.
p.(None): 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
p.(None): of the birth certificate.
p.(None): 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.
p.(None): Once the restrictions have disappeared, the registration is immediately canceled.
p.(None): 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,
p.(None): 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
p.(None): interested.
p.(None): 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
p.(None): it had not been carried out within the period established therein.
p.(None): 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
p.(None): special legislation and the general rules of this Section. In particular:
p.(None): 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
p.(None): effective alternative less restrictive of your freedom;
p.(None): b) only proceeds in the presence of a certain and imminent risk of entity damage to the protected person or to third parties;
p.(None): c) it is considered a therapeutic resource of a restrictive nature and for the shortest possible time; it must be periodically supervised;
p.(None): d) due process, immediate judicial control and the right of defense must be guaranteed through legal assistance;
p.(None): e) The sentence approving the hospitalization must specify its purpose, duration and periodicity of the review.
p.(None): Every person with mental disorders, whether or not they are hospitalized, enjoys fundamental rights and their extensions.
p.(None): 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
p.(None): 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,
p.(None): The deadlines and modalities established in the special legislation must be complied with. The security forces and public health services must render immediate assistance.
p.(None): 2nd paragraph
p.(None): Support systems to exercise capacity
p.(None): 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
p.(None): decisions to direct his person, to administer his goods and to celebrate legal acts in general.
p.(None): Support measures have the function of promoting autonomy and facilitating communication, understanding and the expression of the person's will for the
p.(None): exercise of your rights.
p.(None): 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
p.(None): 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
p.(None): of support and, if necessary, be registered in the Registry of Civil Status and Capacity of Persons.
p.(None): 3rd paragraph
p.(None): Acts carried out by an incapable person or with restricted capacity
p.(None): 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
p.(None): judgment made after its registration in the Registry of Civil Status and Capacity of Persons.
p.(None): 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
p.(None): restricted capacity, and one of the following extremes is met:
p.(None): a) mental illness was evident at the time of the celebration of the act;
p.(None): b) whoever contracted with him was in bad faith;
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p.(None): given the deceased of having been able to express his will.
p.(None): CHAPTER 4
p.(None): Name
p.(None): ARTICLE 62.- Right and duty. The human person has the right and the duty to use the corresponding first name and surname.
p.(None): ARTICLE 63.- Rules regarding the prename. The choice of the prename is subject to the following rules:
p.(None): 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
p.(None): 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;
p.(None): b) no more than three prenames can be registered, surnames as prenames, first prenames identical to first prenames of living siblings; neither can
p.(None): register extravagant prenames;
p.(None): c) Aboriginal names or names derived from indigenous and Latin American aboriginal voices may be registered.
p.(None): 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
p.(None): 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.
p.(None): All children of the same marriage must bear the surname and the composite integration that has been decided for the first of the children.
p.(None): 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
p.(None): 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
p.(None): of the child.
p.(None): 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
p.(None): MaritalXStatus and Capacity of Persons with the surname that they are using, or failing that, with a common surname.
p.(None): 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.
...

p.(None): ARTICLE 69.- Change of name. The change of name or surname only proceeds if there are just reasons at the discretion of the judge.
p.(None): According to the particularities of the case, among other reasons, it is considered a just reason:
p.(None): a) the pseudonym, when it has acquired notoriety;
p.(None): b) cultural, ethnic or religious roots;
p.(None): c) the affectation of the personality of the interested person, whatever its cause, as long as it is accredited.
p.(None): 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
p.(None): victim of enforced disappearance, illegal appropriation or alteration or suppression of marital status or identity.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): Registry of Civil Status and Capacity of Persons. All the necessary items, titles and registry entries must be rectified.
p.(None): ARTICLE 71.- Actions to protect the name. You can exercise actions in defense of your name:
p.(None): 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
p.(None): the judgment at the defendant's expense;
p.(None): b) the one whose name is improperly used by another, to cease that use;
p.(None): 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.
p.(None): In all cases the damages can be demanded and the judge can order the publication of the sentence.
p.(None): 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
p.(None): brothers.
p.(None): ARTICLE 72.- Pseudonym. The notorious pseudonym enjoys the protection of the name.
p.(None): CHAPTER 5
p.(None): Home
p.(None): ARTICLE 73.- Royal domicile. The human person has a real domicile in the place of his habitual residence.
p.(None): 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.
p.(None): 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
p.(None): exercise of your rights and fulfillment of your obligations. Only the law can establish it, and without prejudice to the provisions of special regulations:
p.(None): a) Public officials have their domicile in the place where they must perform their functions, not being temporary, periodic, or simply commissioned;
p.(None): b) the military in active service have their domicile in the place where they are providing it;
p.(None): c) passers-by or people on the move, such as those with no known address, have it in the place of their current residence;
p.(None): d) incapable persons have it at the domicile of their representatives.
p.(None): 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.
p.(None): 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
p.(None): known.
...

p.(None): correctly the mandate.
p.(None): 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
p.(None): to know the existence of the absent.
p.(None): 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
p.(None): proven legal extremes, set the presumptive day of death and arrange the registration of the sentence.
p.(None): ARTICLE 90.- Presumptive day of death. It must be established as the presumptive day of death:
p.(None): a) in the ordinary case, the last day of the first year and a half;
p.(None): 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;
p.(None): c) in the second extraordinary case, the last day on which the lost ship or aircraft was reported;
p.(None): d) if possible, the sentence should also determine the presumptive time of death; otherwise, the expiration of the day declared as
p.(None): presumptive death.
p.(None): ARTICLE 91.- Delivery of the goods. Inventory. The heirs and the legatees must receive the assets of the allegedly deceased, after inventory is formed.
p.(None): 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
p.(None): judicial authorization.
p.(None): 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
p.(None): those at the request of the interested party.
p.(None): 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
p.(None): birth of the person. From that moment the goods can be freely disposed of.
p.(None): If the absent reappears you can claim:
p.(None): a) the delivery of the goods that exist in the state in which they are;
p.(None): b) those acquired with the value of the missing ones;
p.(None): c) the price owed to the alienated;
p.(None): d) unconsumed fruits.
p.(None): CHAPTER 8
p.(None): End of people's existence
p.(None): ARTICLE 93.- General principle. The existence of the human person ends with his death.
p.(None): ARTICLE 94.- Verification of death. Verification of death is subject to accepted medical standards, applying special legislation in the case
p.(None): of organ ablation of the corpse.
p.(None): 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
p.(None): determine otherwise.
p.(None): CHAPTER 9
p.(None): Proof of birth, death and age
p.(None): 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
p.(None): try the Civil Registry items.
p.(None): In the same way, the death of the deceased in the Republic is proved.
p.(None): The rectification of the items is done in accordance with the provisions of the special legislation.
p.(None): ARTICLE 97.- Birth or death occurred abroad. Birth or death occurred abroad are proven with instruments granted under the law
p.(None): 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
p.(None): of the Republic.
...

p.(None): 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
p.(None): protected should preferably be used for this purpose.
p.(None): ARTICLE 139.- People who can be curators. The able person can designate, by means of an advance directive, who is to exercise their conservatorship.
p.(None): 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.
p.(None): Any of these designations must be judicially approved.
p.(None): 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
p.(None): have greater aptitude. The moral and economic suitability must be taken into account.
p.(None): 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
p.(None): minor to a third party, appointing him / her guardian to represent him / her in matters of property.
p.(None): TITLE II
p.(None): Legal person
p.(None): CHAPTER 1
p.(None): General part
p.(None): SECTION 1
p.(None): Personality. Composition
p.(None): 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
p.(None): the fulfillment of its object and the purposes of its creation.
p.(None): ARTICLE 142.- Beginning of existence. The existence of the private legal person begins from its constitution. You do not need legal authorization to function,
p.(None): except legal provision to the contrary. In cases where state authorization is required, the legal person cannot function before obtaining it.
p.(None): ARTICLE 143.- Differentiated personality. The legal person has a different personality from that of its members.
p.(None): 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.
p.(None): ARTICLE 144.- Unenforceability of the legal personality. The action that is intended to achieve purposes outside the legal entity, constitutes a resource for
p.(None): 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
p.(None): indirect, they made it possible, who will respond jointly and unlimitedly for the damages caused.
p.(None): The provisions are applied without affecting the rights of bona fide third parties and without prejudice to the personal responsibilities that the participants in
p.(None): the facts for the damages caused.
p.(None): SECTION 2
p.(None): Classification
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p.(None): 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
p.(None): 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
p.(None): oppose the continued use, if they prove material or moral damages.
p.(None): 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
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 153.- Scope of the domicile. Notifications. All notifications made at the registered office are considered valid and binding for the legal entity.
p.(None): ARTICLE 154.- Patrimony. The legal person must have an estate.
p.(None): The legal entity in training can preventively register the registrable assets in his name.
p.(None): ARTICLE 155.- Duration. The duration of the legal person is unlimited in time, unless the law or statute provides otherwise.
p.(None): ARTICLE 156.- Object. The object of the legal person must be precise and determined.
p.(None): 2nd paragraph
p.(None): Functioning
p.(None): ARTICLE 157.- Modification of the statute. The statute of legal persons can be modified in the way that it or the law establish.
p.(None): 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.
p.(None): ARTICLE 158.- Government, administration and fiscalization. The statute must contain rules on government, administration and representation and, if the law requires it, on the
p.(None): internal control of the legal person.
p.(None): In the absence of special provisions, the following rules apply:
p.(None): 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
p.(None): Participants communicate simultaneously with each other. The minutes must be signed by the president and another administrator, indicating the modality adopted, and
p.(None): keep the records, according to the means used to communicate;
p.(None): 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
p.(None): that they are taken are valid, if all attend and the agenda to be discussed is unanimously approved.
p.(None): ARTICLE 159.- Duty of loyalty and diligence. Opposite interest. The administrators of the legal person must act with loyalty and diligence.
p.(None): 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
p.(None): to inform the other members of the administrative body or, where appropriate, the governing body and abstain from any intervention related to said operation.
p.(None): 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.
...

p.(None): living place
p.(None): 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
p.(None): Protection does not exclude that granted by other legal provisions.
p.(None): 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
p.(None): national law of the real estate registry.
p.(None): 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
p.(None): within the term established by the enforcement authority, under the warning that the first one is considered affected.
p.(None): 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.
p.(None): 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
p.(None): Public, or ex officio if there are beneficiaries incapable or with restricted capacity.
p.(None): 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
p.(None): relative to the conclusion of the coexistence, if there are beneficiaries incapable or with restricted capacity.
p.(None): ARTICLE 246.- Beneficiaries. The beneficiaries of the affectation are:
p.(None): a) the constituent owner, his spouse, his partner, his ancestors or descendants;
p.(None): b) in their absence, their collateral relatives within the third degree who live with the constituent.
p.(None): 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.
p.(None): In all cases, for the effects to subsist, it is sufficient that one of them remains in the property.
p.(None): 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
p.(None): compensation or price.
p.(None): ARTICLE 249.- Main effect of the affectation. The affectation is unenforceable to the creditors of cause previous to that affectation.
p.(None): The affected house is not subject to execution for debts subsequent to its registration, except:
p.(None): a) obligations for common expenses and for taxes, fees or contributions that are directly charged to the property;
p.(None): b) obligations with real guarantee on the property, established in accordance with the provisions of article 250;
...

p.(None): procedures related to the constitution, registration and cancellation of this affectation.
p.(None): ARTICLE 254.- Fees. If at the request of the interested parties, professionals are involved in the constitution procedures, their fees cannot exceed one
p.(None): percent of the tax valuation.
p.(None): In lawsuits regarding the hereditary transfer of the affected dwelling and in the preventive and bankruptcy proceedings, the fees cannot exceed three percent of
p.(None): tax valuation.
p.(None): ARTICLE 255.- Disaffection and cancellation of registration. Disaffection and cancellation of registration proceed:
p.(None): 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
p.(None): or has restricted capacity, the disaffection must be judicially authorized;
p.(None): 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
p.(None): 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;
p.(None): 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;
p.(None): 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;
p.(None): e) in the event of expropriation, claim or execution authorized by this Chapter, with the limits indicated in article 249.
p.(None): 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
p.(None): establish local regulations.
p.(None): TITLE IV
p.(None): Facts and legal acts
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): 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
p.(None): legal situations.
p.(None): 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
p.(None): legal relationships or situations.
p.(None): 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.
p.(None): ARTICLE 260.- Voluntary act. The voluntary act is the one performed with discernment, intention and freedom, which is manifested by an external fact.
p.(None): ARTICLE 261.- Involuntary act. It is involuntary for lack of discernment:
p.(None): a) the act of who, at the time of doing it, is deprived of reason;
p.(None): b) The unlawful act of a minor who has not reached the age of ten;
...

p.(None): 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
p.(None): effectiveness when the law or convention requires an express statement.
p.(None): EPISODE 2
p.(None): Error as a vice of the will
p.(None): 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
p.(None): recognizable by the recipient to cause invalidity.
p.(None): 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,
p.(None): Time and place.
p.(None): ARTICLE 267.- Assumptions of essential error. The factual error is essential when it falls on:
p.(None): a) the nature of the act;
p.(None): 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;
p.(None): 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;
p.(None): d) the relevant personal reasons that have been expressly or tacitly incorporated;
p.(None): e) the person with whom the act was held or referred to if it was decisive for its celebration.
p.(None): 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.
p.(None): 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
p.(None): that one understood to celebrate.
p.(None): 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.
p.(None): CHAPTER 3
p.(None): I will it as a vice of the will
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): both sides.
p.(None): ARTICLE 273.- Incidental fraud. Incidental intent is not determinative of the will; consequently, it does not affect the validity of the act.
p.(None): 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.
p.(None): ARTICLE 275.- Responsibility for the damages caused. The perpetrator of the essential or incidental intent must repair the damage caused. The party that
p.(None): time of the celebration of the act had knowledge of the fraud of the third party.
p.(None): CHAPTER 4
p.(None): Violence as a vice of the will
p.(None): 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
p.(None): 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
p.(None): and the other circumstances of the case.
p.(None): ARTICLE 277.- Subjects. The perpetrator of irresistible force and threats may be one of the parties to the act or a third party.
p.(None): 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
p.(None): knowledge of the irresistible force or threats of the third party.
p.(None): CHAPTER 5
p.(None): Legal acts
p.(None): SECTION 1
p.(None): Purpose of the legal act
p.(None): 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
p.(None): harmful to the rights of others or human dignity. Nor can it be a good that for a special reason has been prohibited.
p.(None): 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
p.(None): expiration of the term or fulfillment of the condition.
p.(None): SECTION 2
p.(None): Cause of the legal act
p.(None): 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
p.(None): externalized when they are lawful and have been incorporated into the act expressly, or tacitly if they are essential for both parties.
p.(None): 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
p.(None): expressed cause is false if it is founded on another true cause.
p.(None): 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
p.(None): authorize.
p.(None): SECTION 3
p.(None): Form and proof of the legal act
p.(None): 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.
p.(None): The parties may agree to a more demanding form than that imposed by law.
p.(None): 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,
...

p.(None): added to the protocol.
p.(None): Grantors may request the notarization of an original instrument in a foreign language, provided it consists of a translation by a public translator, or
p.(None): 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.
p.(None): ARTICLE 303.- Abbreviations and numbers. Do not leave blank spaces, or use abbreviations, or initials, unless these last two appear in the documents
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 304.- Grantor with hearing impairment. If any of the grantors of the act has hearing impairment, two witnesses must intervene who can give
p.(None): 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
p.(None): scribe must attest to that fact. The minutes must be registered.
p.(None): ARTICLE 305.- Content. The deed must contain:
p.(None): a) place and date of its granting; if either party requires it or the scribe considers it convenient, the time the instrument is signed;
p.(None): 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
p.(None): 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
p.(None): grantor is a legal person, his full name, registered office and registration details of his constitution should be recorded if applicable;
p.(None): c) the nature of the act and the individualization of the assets that constitute its object;
p.(None): d) the instrumental record of the reading that the scribe must do in the act of granting the deed;
p.(None): e) the amendments, tests, erasures, interlines, or other modifications made to the instrument in essential parts, which must be made by hand of the
p.(None): notary public and before signing;
p.(None): 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
p.(None): record the statement on the cause of the impediment and the digital impression of the grantor.
p.(None): ARTICLE 306.- Justification of identity. The identity of those appearing must be justified by any of the following means:
p.(None): a) by exhibition to the scribe of a suitable document; In this case, the document must be individualized and the certified reproduction of its
p.(None): relevant parts;
p.(None): b) by affirmation of knowledge by the scribe.
p.(None): 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
...

p.(None): 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
p.(None): authorization of their records or the initiation of books, as established in this Section.
p.(None): 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.
p.(None): or agricultural and related activities not executed or organized as a company. Activities aimed at transformation or
p.(None): alienation of agricultural products when they are included in the normal exercise of such activities. They can also be exempted from accounting
p.(None): activities that, due to the volume of their business, it is inconvenient to subject to such duties as determined by each local jurisdiction.
p.(None): 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.
p.(None): They must be registered, so that the individualization of the operations and the corresponding creditor and debtor accounts are allowed. Seats must be backed
p.(None): with the respective documentation, all of which must be filed in a methodical way and that allows its location and consultation.
p.(None): ARTICLE 322.- Indispensable records. The following are essential records:
p.(None): daily;
p.(None): b) inventory and balances;
p.(None): 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;
p.(None): d) those that are specially imposed by this Code or other laws.
p.(None): ARTICLE 323.- Books. The interested party must keep their accounting through the use of books and must present them, duly bound, for their individualization
p.(None): in the corresponding Public Registry.
p.(None): 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
p.(None): contains.
p.(None): 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
p.(None): form, from which the books that were initialed and, where appropriate, from the authorizations conferred on them arise.
p.(None): ARTICLE 324.- Prohibitions. It's prohibited:
p.(None): a) alter the order in which the entries must be made;
p.(None): b) leave blanks that can be used for intercalations or additions between the seats;
p.(None): 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
p.(None): error;
p.(None): d) mutilate any part of the book, tear sheets or alter the binding or foliage;
p.(None): e) any other circumstance that affects the inalterability of the registrations.
p.(None): 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
p.(None): duly saved. They must also be carried in the national language and currency.
p.(None): They must make it possible to determine the net worth position, its evolution and its results at the end of each financial year.
p.(None): The books and registries of article 322 must remain in the domicile of its title.
...

p.(None): 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
p.(None): records relating to the questioned point.
p.(None): 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
p.(None): contrary records incorporated in a regular accounting.
p.(None): However, in such a case, the judge has the power to appreciate this evidence, and to demand, if he deems it necessary, another substitute.
p.(None): 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
p.(None): dispense with this means of proof and proceed on the merits of the other tests that are presented.
p.(None): 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.
p.(None): of the case.
p.(None): The proof that results from accounting is indivisible.
p.(None): ARTICLE 331.- Investigations. Except as provided in special laws, no authority, under any pretext, can make official inquiries to inquire whether
p.(None): People do or do not keep legally arranged records.
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): established in articles 323, 324 and 325.
p.(None): CHAPTER 6
p.(None): Vices of legal acts
p.(None): SECTION 1
p.(None): Injury
p.(None): ARTICLE 332.- Injury. The nullity or modification of legal acts can be demanded when one of the parties exploiting the need, psychic weakness or
p.(None): inexperience of the other, obtain through them an obviously disproportionate and unjustified patrimonial advantage.
p.(None): Unless there is evidence to the contrary, it is presumed that such exploitation exists in the event of a significant disproportion of benefits.
p.(None): 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.
p.(None): 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
p.(None): offered by the defendant in answering the lawsuit.
p.(None): Only the injured or his heirs can exercise the action.
p.(None): SECTION 2
p.(None): Simulation
p.(None): >
p.(None): 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
p.(None): 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
p.(None): reality are constituted or transmitted.
p.(None): 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
p.(None): 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
p.(None): simulated.
p.(None): 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
p.(None): the other on simulation, except that the parties cannot obtain any benefit from the results of the simulation action.
p.(None): 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
p.(None): it exists or it cannot be presented and there are circumstances that make the simulation unequivocal.
p.(None): 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
p.(None): simulation by any means of proof.
p.(None): 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
p.(None): the goods included in the act.
p.(None): 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.
p.(None): 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
p.(None): 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,
p.(None): responds to the extent of its enrichment.
p.(None): SECTION 3
p.(None): Fraud
p.(None): 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
p.(None): rights, and of the waivers to the exercise of rights or faculties with which he could have improved or avoided worsening his fortune status.
p.(None): ARTICLE 339.- Requirements. They are requirements of origin of the action of declaration of inoponibility:
p.(None): 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;
...

p.(None): responds to the extent of its enrichment.
p.(None): 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.
p.(None): 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
p.(None): amount of their respective credits.
p.(None): CHAPTER 7
p.(None): Modalities of legal acts
p.(None): SECTION 1
p.(None): Condition
p.(None): 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
p.(None): future and uncertain.
p.(None): 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
p.(None): past or present ignored.
p.(None): 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
p.(None): that depends exclusively on the will of the obligor.
p.(None): The condition of not doing an impossible thing does not prejudice the validity of the obligation, if it were agreed under suspensive modality.
p.(None): 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.
p.(None): 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.
p.(None): ARTICLE 346.- Effect. The condition does not operate retroactively, unless otherwise agreed.
p.(None): ARTICLE 347.- Pending condition. The holder of a right subject to suspensive condition may request conservatory measures.
p.(None): The acquirer of a right subject to a condition of resolution may exercise it, but the other party may also request conservatory measures.
p.(None): 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
p.(None): harm the counterparty.
p.(None): ARTICLE 348.- Compliance with the suspensive and resolutory condition. Compliance with the condition obliges the parties to surrender or restitute, reciprocally, the
p.(None): agreed benefits, applying the effects corresponding to the nature of the concerted act, its purposes and object.
p.(None): 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
p.(None): celebration of the act. However, the acts of administration remain and the fruits remain in favor of the party that has perceived them.
p.(None): 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
p.(None): This is not fulfilled, the object must be returned with its accessories but not the perceived fruits.
p.(None): SECTION 2
p.(None): Term
p.(None): ARTICLE 350.- Species. The enforceability or termination of a legal act may be deferred at the expiration of a term.
p.(None): 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
p.(None): act, or for other circumstances, it turns out that it has been provided in favor of the creditor or both parties.
p.(None): ARTICLE 352.- Advance payment. The obligor who complies or returns before the deadline cannot repeat the payment.
p.(None): 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
p.(None): 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
p.(None): 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.
p.(None): bankruptcy.
p.(None): SECTION 3
p.(None): Position
p.(None): 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
p.(None): 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,
...

p.(None): ARTICLE 362.- Characters. Voluntary representation includes only the acts that the represented can grant for himself. The limits of representation, its
p.(None): 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
p.(None): get to know them acting with care and foresight.
p.(None): ARTICLE 363.- Form. The power of attorney must be granted in the manner prescribed for the act that the representative must perform.
p.(None): 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
p.(None): discernment is sufficient.
p.(None): 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
p.(None): by the represented is null only if the will of the latter was vitiated.
p.(None): The represented in bad faith cannot take advantage of the representative's ignorance or good faith.
p.(None): 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
p.(None): 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
p.(None): it appears clearly, it is understood that it has proceeded in its own name.
p.(None): ARTICLE 367.- Apparent representation. When someone has acted to induce a third party to enter into a legal act, reasonably believing that
p.(None): he negotiates with his representative, without express representation, it is understood that he has tacitly granted him sufficient power.
p.(None): To this end, it is presumed that:
p.(None): 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;
p.(None): b) the dependents who perform in the establishment are empowered for all acts that ordinarily correspond to the functions they perform;
p.(None): c) the employees in charge of delivering merchandise outside the establishment are empowered to receive their price by issuing the relevant receipt.
p.(None): 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
p.(None): 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
p.(None): own businesses, or to others committed to its management.
p.(None): 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
p.(None): act, but it is unenforceable to third parties who have previously acquired rights.
p.(None): 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
p.(None): 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
p.(None): A third party that has not required ratification may revoke their consent without waiting for the expiration of these terms.
p.(None): ARTICLE 371.- Manifestation of the rati fi cation. Ratification results from any express manifestation or from any conclusive act or behavior that
p.(None): necessarily it implies an approval of what has done the one that invokes the representation.
p.(None): ARTICLE 372.- Obligations and duties of the representative. The representative has the following obligations and duties:
p.(None): a) fidelity, loyalty and reserve;
p.(None): 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
p.(None): according to the uses and practices of traffic;
p.(None): c) communication, which includes information and consultation;
p.(None): d) conservation and custody;
p.(None): e) prohibition, as a rule, of acquiring by sale or similar legal acts the assets of its represented;
p.(None): f) of restitution of documents and other assets that correspond to the represented at the end of the management.
p.(None): ARTICLE 373.- Obligations and duties of the represented party. The represented party has the following obligations and duties:
p.(None): a) to provide the necessary means for the fulfillment of the management;
p.(None): b) to remunerate management, if applicable;
p.(None): c) to leave the representative harmless.
p.(None): ARTICLE 374.- Copy. Third parties may demand that the representative sign and deliver a signed copy of the instrument from which their representation results.
p.(None): ARTICLE 375.- Power conferred in general terms and express powers. The powers contained in the power are of restrictive interpretation. The power conferred on
p.(None): general terms only includes the acts of ordinary administration and those necessary for their execution.
p.(None): Express powers are necessary to:
p.(None): a) petition for divorce, annulment of marriage, modification, dissolution or liquidation of the matrimonial property regime;
p.(None): b) grant the conjugal assent if the act requires it, in which case the property to which it refers must be identified;
p.(None): c) recognize children, in which case the person to be recognized must be identified;
p.(None): d) accept inheritances;
p.(None): e) to constitute, modify, transfer or extinguish real rights over real estate or other registrable assets;
p.(None): f) create obligations by a unilateral declaration of will;
p.(None): g) recognize or novate obligations prior to the granting of power;
p.(None): h) make payments that are not the ordinary ones of the administration;
p.(None): i) waive, compromise, arbitrate rights or obligations, without prejudice to the applicable rules on bankruptcy and bankruptcy;
p.(None): j) form transitory unions of companies, business collaboration groups, companies, associations, or foundations;
p.(None): k) give or take on location real estate for more than three years, or collect early rent for more than one year;
p.(None): l) make donations, or other liberalities, except for small habitual gratuities;
p.(None): 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
p.(None): correspond to the object for which a power was granted in general terms.
p.(None): 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
p.(None): 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
p.(None): deficiency of its power, is exempt from said responsibility.
p.(None): 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
p.(None): of the substitute, in which case the representative does not answer for him.
p.(None): The represented party can prohibit the substitution.
p.(None): ARTICLE 378.- Plurality of representatives. The appointment of several representatives, without indication that they must act together, all or some of them, is
p.(None): understands that it empowers any of them to act indiscriminately.
p.(None): 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
p.(None): the others.
p.(None): ARTICLE 380.- Extinction. Power is extinguished:
p.(None): a) for the fulfillment of the act or acts entrusted in the empowerment;
p.(None): 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
p.(None): 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
p.(None): third, or to represented and third;
p.(None): c) for the revocation made by the represented party; however, a power can be irrevocably conferred, provided it is for acts especially
p.(None): 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
p.(None): 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;
p.(None): 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
p.(None): prove an impediment that configures just cause;
p.(None): e) by the declaration of presumed death of the representative or the represented;
p.(None): f) by the declaration of absence of the representative;
p.(None): g) by the bankruptcy of the representative or represented;
p.(None): h) for the loss of the capacity demanded in the representative or in the represented.
p.(None): ARTICLE 381.- Opposition to third parties. Modifications, waivers and revocation of powers must be brought to the attention of third parties by means
p.(None): 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.
p.(None): legal.
p.(None): The other causes of extinction of power are not opposable to third parties who have ignored them without their fault.
p.(None): CHAPTER 9
p.(None): Ineffectiveness of legal acts
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 382.- Categories of ineffectiveness. Legal acts may be ineffective due to their invalidity or their non-enforceability with respect to certain people.
p.(None): ARTICLE 383.- Articulation. The nullity can be argued by way of action or opposed as an exception. In all cases it must be substantiated.
p.(None): 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
p.(None): Suppose they would have wanted it if they had provided for the nullity.
p.(None): 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
p.(None): prohibited by law or to harm a third party.
p.(None): SECTION 2
p.(None): Absolute and relative nullity
p.(None): ARTICLE 386.- Criterion of distinction. Acts that contravene public order, morality or good customs are null and void. They are of relative nullity the
p.(None): acts to which the law imposes this sanction only in protection of the interest of certain people.
p.(None): 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
p.(None): 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
p.(None): by confirmation of the act or by prescription.
p.(None): ARTICLE 388.- Relative nullity. Consequences. Relative nullity can only be declared at the request of the persons for whose benefit it is established. Exceptionally
p.(None): 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
p.(None): a party that acted in the absence of exercise capacity for the act, cannot claim it if it acted with intent.
p.(None): SECTION 3
p.(None): Total and partial invalidity
p.(None): 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.
p.(None): 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,
p.(None): declares the total nullity.
p.(None): 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
p.(None): by the parties.
p.(None): SECTION 4
p.(None): Effects of nullity
p.(None): 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
p.(None): 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
p.(None): norms of Chapter 3 of Title II of the Fourth Book.
p.(None): 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
p.(None): general and the corresponding repairs.
p.(None): ARTICLE 392.- Effects regarding third parties in registrable things. All real or personal rights transmitted to third parties over a registrable property or furniture,
p.(None): 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
p.(None): Deputy buyer of real or personal rights in good faith and for consideration.
p.(None): 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.
p.(None): SECTION 5
p.(None): Confirmation
p.(None): 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,
p.(None): after the cause of nullity has disappeared.
p.(None): The act of confirmation does not require the agreement of the other party.
p.(None): 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
p.(None): it specifies the cause of the nullity, its disappearance and the will to confirm the act.
p.(None): 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
p.(None): unequivocal to clean up the vice of the act.
p.(None): 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
p.(None): Last will provisions operate from the death of the deceased.
p.(None): The retroactivity of the confirmation does not prejudice the rights of bona fide third parties.
p.(None): SECTION 6
p.(None): Unenforceability
p.(None): 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.
p.(None): 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
p.(None): expiration.
p.(None): TITLE V
p.(None): Transfer of rights
p.(None): 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
p.(None): transgression of good faith, morality or good customs.
p.(None): 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.
p.(None): 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.
p.(None): SECOND BOOK
p.(None): FAMILY RELATIONS
p.(None): TITLE I
p.(None): Marriage
p.(None): CHAPTER 1
p.(None): Principles of freedom and equality
p.(None): 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
p.(None): damages caused by the break, without prejudice to the application of the rules of enrichment without cause, or the restitution of donations, if appropriate.
p.(None): 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.
p.(None): 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.
p.(None): EPISODE 2
p.(None): Marriage requirements
p.(None): ARTICLE 403.- Marital impediments. The following are impediments to getting married:
p.(None): a) kinship in a straight line in all degrees, whatever the origin of the link;
...

p.(None): 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
p.(None): of maturity gives place or not to the request for nullity.
p.(None): 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
p.(None): spouse or spouses have reached the legal age.
p.(None): 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
p.(None): impediment.
p.(None): 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
p.(None): healthy, after having known the disability.
p.(None): 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
p.(None): knew the impediment.
p.(None): 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
p.(None): 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
p.(None): to verify if you understand the act you have held and what you want to do about it.
p.(None): 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
p.(None): 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
p.(None): violence ceased. The term to file the lawsuit is one year from when the cohabitation ceases.
p.(None): 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
p.(None): they have contracted in good faith with the spouses.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): marriage valid until the day in which its nullity is declared.
p.(None): The final judgment dissolves the supplementary conventional or legal matrimonial regime.
p.(None): 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
p.(None): that declares the nullity.
p.(None): 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,
p.(None): but only with respect to the spouse in good faith and until the day of the sentence that declares the nullity.
p.(None): The nullity gives the spouse in good faith the right to:
p.(None): a) request financial compensation, to the extent mentioned in Articles 441 and 442; the term is computed from the sentence that declares the nullity;
p.(None): b) revoke the donations made to the spouse in bad faith;
p.(None): 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.
...

p.(None): CHAPTER 7
p.(None): Rights and duties of the spouses
p.(None): ARTICLE 431.- Assistance. Spouses commit to developing a common life project based on cooperation, coexistence and the moral duty of fidelity.
p.(None): Mutual assistance must be provided.
p.(None): ARTICLE 432.- Food. The spouses owe food to each other during the life together and the de facto separation. After the divorce, the benefit
p.(None): food is only due in the cases provided for in this Code, or by convention of the parties.
p.(None): This obligation is governed by the rules regarding maintenance between relatives as far as they are compatible.
p.(None): 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.
p.(None): Consideration, among others, the following guidelines:
p.(None): a) work within the home, dedication to the upbringing and education of children and their ages;
p.(None): b) the age and health status of both spouses;
p.(None): c) job training and the possibility of accessing a job for those requesting food;
p.(None): d) the collaboration of a spouse in the commercial, industrial or professional activities of the other spouse;
p.(None): e) the judicial or factual attribution of the family home;
p.(None): 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;
p.(None): g) if the spouses live together, the time of the marital union;
p.(None): h) if the spouses are in fact separated, the time of the marital union and the separation;
p.(None): i) the patrimonial situation of both spouses during the coexistence and during the de facto separation.
p.(None): 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.
p.(None): ARTICLE 434.- Alimony after divorce. Alimony benefits can be set even after divorce:
p.(None): 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;
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): coexistence, or when the fed incurs any of the causes of unworthiness.
p.(None): If the divorce settlement agreement refers to alimony, the agreed guidelines apply.
p.(None): CHAPTER 8
p.(None): Dissolution of marriage
p.(None): SECTION 1
p.(None): Causal
...

p.(None): 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.
p.(None): The action to claim financial compensation expires six months after the divorce decree is issued.
p.(None): 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
p.(None): spouses or community. The judge determines the provenance, the term, and the effects of the law based on the following guidelines, among others:
p.(None): a) the person to whom the care of the children is attributed;
p.(None): b) the person who is in the most disadvantaged economic situation to provide a home by their own means;
p.(None): c) the health and age of the spouses;
p.(None): d) the interests of other people that make up the family group.
p.(None): 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
p.(None): 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
p.(None): spouses' condominium is neither split nor liquidated. The decision takes effect against third parties from its registration.
p.(None): 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
p.(None): guarantees that were originally established in the contract.
p.(None): ARTICLE 445.- Termination. The right of attribution for the use of the family home ceases:
p.(None): a) due to the deadline set by the judge;
p.(None): b) due to changes in the circumstances that were taken into account for its fixation;
p.(None): c) for the same causes of indignity foreseen in succession matters.
p.(None): TITLE II
p.(None): Patrimonial regime of marriage
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): SECTION 1
p.(None): Marriage conventions
p.(None): ARTICLE 446.- Object. Before the marriage is celebrated, the future spouses can make conventions that only have the following objects:
p.(None): a) the designation and appraisal of the assets that each one brings to the marriage;
p.(None): b) the enunciation of the debts;
p.(None): c) donations made between them;
...

p.(None): exclusive property.
p.(None): 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.
p.(None): 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
p.(None): business management, as the case may be.
p.(None): SECTION 5
p.(None): Community extinction
p.(None): ARTICLE 475.- Causes. The community is extinguished by:
p.(None): a) the proven or presumed death of one of the spouses;
p.(None): b) the annulment of the putative marriage;
p.(None): c) divorce;
p.(None): d) judicial separation of property;
p.(None): e) the modification of the agreed marriage regime.
p.(None): 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
p.(None): extinction go back to the presumptive day of death.
p.(None): ARTICLE 477.- Judicial separation of assets. The judicial separation of property can be requested by one of the spouses:
p.(None): a) if the mismanagement of the other entails the danger of losing his eventual right over the community property;
p.(None): b) if the preventive bankruptcy or bankruptcy of the other spouse is declared;
p.(None): c) if the spouses are in fact separated without the will to join;
p.(None): d) if due to the incapacity or excuse of one of the spouses, a third party is appointed conservator of the other.
p.(None): ARTICLE 478.- Exclusion of subrogation. The action of separation of assets cannot be promoted by the spouse's creditors by way of subrogation.
p.(None): ARTICLE 479.- Precautionary measures. In the action of judicial separation of assets, the measures provided for in article 483 can be requested.
p.(None): 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
p.(None): day of notification of the claim or of the joint petition of the spouses.
p.(None): 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.
p.(None): The judge can modify the extension of the retroactive effect based on the existence of fraud or abuse of the right.
p.(None): In all cases, the rights of bona fide third parties that are not free purchasers are safe.
p.(None): In the case of judicial separation of property, the spouses are subject to the regime established in articles 505, 506, 507 and 508.
p.(None): SECTION 6
p.(None): Post-community indivision
p.(None): 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,
p.(None): The rules of hereditary indivision apply.
p.(None): If both spouses are terminated in life, the indivision is governed by the following articles of this Section.
p.(None): 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
p.(None): undivided, those related to the community regime subsist, as long as they are not modified in this Section.
p.(None): 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
p.(None): undivided assets. The second can file opposition when the projected act violates their rights.
p.(None): ARTICLE 483.- Protective measures. In the event that their interests are affected, the participants can request, in addition to the measures provided by the
p.(None): local procedures, the following:
p.(None): 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;
p.(None): 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.
p.(None): 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
p.(None): of the other.
p.(None): If there is no agreement, the exercise of this right is regulated by the judge.
p.(None): 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
p.(None): for the benefit of the opponent.
p.(None): 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
p.(None): exclusive use or enjoyment of any of the undivided assets owes compensation to the estate from the moment the other requests it.
p.(None): 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
p.(None): their right to subrogate their debtor's rights to request the partition of the common estate.
p.(None): ARTICLE 487.- Effects against creditors. The dissolution of the regime cannot harm the rights of previous creditors on the integrity of the assets
p.(None): from your debtor.
p.(None): SECTION 7
p.(None): Community clearance
p.(None): ARTICLE 488.- Rewards. With the community extinguished, it is liquidated. To this end, the count of the rewards that the community owes to each
p.(None): spouse and the one that each owes to the community, according to the rules of the following articles.
p.(None): ARTICLE 489.- Community charges. They are in charge of the community:
p.(None): a) the obligations contracted during the community, not foreseen in the following article;
p.(None): 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;
p.(None): 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;
p.(None): d) the expenses of conservation and repair of own and community property.
p.(None): ARTICLE 490.- Personal obligations. The personal obligations of the spouses are:
p.(None): a) those contracted before the beginning of the community;
p.(None): b) those that tax the inheritances, legacies or donations received by one of the spouses;
p.(None): c) those contracted to acquire or improve own assets;
p.(None): 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;
p.(None): e) those derived from non-contractual liability and legal sanctions.
p.(None): 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
p.(None): it has benefited to the detriment of the community.
p.(None): 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
p.(None): benefited the community.
p.(None): 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
p.(None): Partner spouse owes reward to the community. This solution is applicable to goodwill.
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): clearance time.
p.(None): 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
...

p.(None): d) job training and the possibility of accessing a job for the cohabiting person requesting financial compensation;
p.(None): e) the collaboration provided to the commercial, industrial or professional activities of the other partner;
p.(None): f) Attribution of the family home.
p.(None): The action to claim financial compensation expires six months after any of the causes of termination of coexistence listed in
p.(None): article 523.
p.(None): 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
p.(None): following assumptions:
p.(None): a) if you are responsible for the care of minor children, children with restricted capacity, or with disabilities;
p.(None): b) if it proves the extreme need for a home and the impossibility of procuring it immediately.
p.(None): The judge must fix the term of the attribution, which cannot exceed two years from the moment the coexistence ceased, in accordance with the
p.(None): provided in article 523.
p.(None): 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
p.(None): 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
p.(None): decision produces effects against third parties from their registration.
p.(None): 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
p.(None): the guarantees that were originally established in the contract.
p.(None): The attribution right ceases in the same cases provided for in article 445.
p.(None): 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
p.(None): 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
p.(None): that it was the last family home and that at the opening of the succession he was not in condominium with other people.
p.(None): This right is unenforceable to the creditors of the deceased.
...

p.(None): people who submit to the use of assisted human reproduction techniques. This consent must be renewed each time the gametes are used
p.(None): or embryos.
p.(None): ARTICLE 561.- Form and requirements of consent. The instrumentation of said consent must contain the requirements established in the special provisions,
p.(None): for subsequent protocolization before a notary public or certi fi cation before the health authority corresponding to the jurisdiction. Consent is freely revocable
p.(None): as long as there has been no conception in the person or implantation of the embryo.
p.(None): 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
p.(None): 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
p.(None): People, regardless of who contributed the gametes.
p.(None): ARTICLE 563.- Right to information of people born by assisted reproduction techniques. The information that the person was born through the use of
p.(None): 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.
p.(None): ARTICLE 564.- Content of the information. At the request of people born through assisted human reproduction techniques, you can:
p.(None): a) Obtain information regarding the donor's medical data from the intervening health center, when it is relevant to health;
p.(None): b) reveal the identity of the donor, for duly justified reasons, evaluated by the judicial authority through the shortest procedure provided by local law.
p.(None): CHAPTER 3
p.(None): Determination of maternity
p.(None): ARTICLE 565.- General principle. In filiation by nature, motherhood is established with proof of birth and the identity of the newborn.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): ordinances relating to the Registry of Civil Status and Capacity of Persons.
p.(None): CHAPTER 4
p.(None): Determination of marriage affiliation
p.(None): 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
...

p.(None): 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;
p.(None): b) of the declaration made in a duly recognized public or private instrument;
p.(None): c) of the provisions contained in acts of last will, even if the recognition is made incidentally.
p.(None): 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
p.(None): legal representative.
p.(None): ARTICLE 573.- Characters of recognition. Recognition is irrevocable, cannot be subject to modalities that alter its legal consequences, nor does it require
p.(None): acceptance of the child.
p.(None): 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
p.(None): son status.
p.(None): ARTICLE 574.- Recognition of the unborn child. Recognition of the unborn child is possible, being subject to birth alive.
p.(None): ARTICLE 575.- Determination in assisted human reproduction techniques. In the cases of assisted human reproduction techniques, the determination of the
p.(None): Affiliation is derived from free, prior and informed consent, provided in accordance with the provisions of this Code and special law.
p.(None): 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
p.(None): the same terms as full adoption.
p.(None): CHAPTER 6
p.(None): Filiation actions.
p.(None): General disposition
p.(None): 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
p.(None): Assets already acquired are subject to prescription.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): East.
p.(None): 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
p.(None): simultaneously, exercise the corresponding challenge action.
p.(None): 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
p.(None): part.
p.(None): 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
p.(None): second grade; The closest ones should be prioritized.
...

p.(None): 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.
p.(None): 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
p.(None): contrary proof on the genetic link.
p.(None): ARTICLE 585.- Coexistence. The coexistence of the mother during the period of conception presumes the filial bond in favor of her partner, except opposition
p.(None): founded.
p.(None): ARTICLE 586.-. Provisional food. During the filing claim process or even before it begins, the judge can set provisional maintenance against the
p.(None): presumed parent, in accordance with the provisions of Title VII of the Second Book.
p.(None): 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
p.(None): Third Book V of this Code.
p.(None): CHAPTER 8
p.(None): Filiation challenge actions
p.(None): ARTICLE 588.- Maternity challenge. In the cases of determination of maternity in accordance with the provisions of article 565, the filial link may
p.(None): 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
p.(None): that invokes a legitimate interest.
p.(None): 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
p.(None): action at any time.
p.(None): 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
p.(None): free, prior and informed consent.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): Proving this circumstance can use any means of proof, but the mere declaration of the one who gave birth is not enough.
p.(None): This provision does not apply in cases of assisted human reproduction techniques when there has been prior, informed and free consent, regardless
p.(None): of those who have contributed the gametes.
p.(None): 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
p.(None): exercised by him or her, by the son, by the mother and by any third party that invokes a legitimate interest.
p.(None): 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
p.(None): knowledge that the child may not be the child of whom the law presumes.
p.(None): In case of death of the legitimized asset, his heirs can challenge the affiliation if the death occurred before the expiration term established in
p.(None): this article. In this case, the action expires for them once the term that began in the life of the legitimized one has expired.
p.(None): 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
p.(None): 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
p.(None): knowledge that the child may not be the child of whom the law presumes.
p.(None): 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
p.(None): be dismissed. In any case, the action to challenge the affiliation authorized by the preceding articles is safe.
p.(None): This provision does not apply in cases of assisted human reproduction techniques when there has been prior, informed and free consent, regardless
p.(None): of those who have contributed the gametes.
p.(None): 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
p.(None): the person to be born.
p.(None): This action may also be exercised by the mother and by any third party that invokes a legitimate interest.
p.(None): 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.
p.(None): This provision does not apply in cases of assisted human reproduction techniques when there has been prior, informed and free consent, regardless
p.(None): of those who have contributed the gametes.
p.(None): ARTICLE 593.- Challenge of recognition. The recognition of children born out of wedlock can be contested by the children themselves or by third parties
p.(None): 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
p.(None): known the act of recognition or since it became known that the child may not be the son.
p.(None): This provision does not apply in cases of assisted human reproduction techniques when there has been prior, informed and free consent, regardless
p.(None): of those who have contributed the gametes.
p.(None): TITLE VI
p.(None): Adoption
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): 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
...

p.(None): 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
p.(None): produced the birth;
p.(None): 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
p.(None): 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
p.(None): who made the decision must immediately rule on the adoptability situation. Said opinion must be communicated to the intervening judge within the period of
p.(None): twenty four hours.
p.(None): 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
p.(None): such request is considered adequate to the interest of the latter.
p.(None): The judge must decide on the adoptability situation within a maximum period of ninety days.
p.(None): ARTICLE 608.- Subjects of the procedure. The procedure that concludes with the judicial declaration of the adoptability situation requires the intervention:
p.(None): 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;
p.(None): b) as part of the parents or other legal representatives of the child or adolescent;
p.(None): c) of the administrative body that participated in the extrajudicial stage;
p.(None): d) of the Public Ministry.
p.(None): The judge can also listen to relatives and other emotional references.
p.(None): ARTICLE 609.- Rules of the procedure. The following rules apply to the procedure to obtain the judicial declaration of the adoptability situation:
p.(None): a) process before the judge who exercised the legality control of the exceptional measures;
p.(None): 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;
p.(None): c) the sentence must provide that the intervening judge (s) selected by the registry of adopters and the
p.(None): corresponding administrative body, in order to proceed to start immediately the guardianship process for adoption.
p.(None): ARTICLE 610.- Equivalence. The sentence of deprivation of parental responsibility is equivalent to the judicial declaration in a situation of adoptability.
p.(None): CHAPTER 3
p.(None): Save for adoption
p.(None): ARTICLE 611.- Guard in fact. Prohibition. The direct delivery into custody of children and adolescents by public deed or act is expressly prohibited.
...

p.(None): declaration process in adoptability situation, body that can also appear spontaneously.
p.(None): 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
p.(None): guidelines: the personal conditions, ages and aptitudes of the or the pretended adopters; their suitability to fulfill the functions of care, education; their motivations
p.(None): and expectations regarding adoption; the assumed respect for the right to identity and origin of the child or adolescent.
p.(None): The judge must cite the child or adolescent whose opinion must be taken into account according to their age and degree of maturity.
p.(None): 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.
p.(None): The term of custody can not exceed six months.
p.(None): CHAPTER 4
p.(None): Adoption trial
p.(None): 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
p.(None): its center of life if the transfer was taken into consideration in that decision.
p.(None): 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,
p.(None): The adoption process begins.
p.(None): ARTICLE 617.- Rules of the procedure. The following rules apply to the adoption process:
p.(None): a) the pretended adopters and the adopted claim are part; if he is old enough and mature enough, he must appear with legal assistance;
p.(None): b) The judge must personally hear the adopted claim and take into account his opinion according to his age and degree of maturity;
p.(None): c) the Public Ministry and the administrative body must intervene;
p.(None): d) the claim adopted over ten years must give express consent;
p.(None): e) The hearings are private and the record reserved.
p.(None): 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
p.(None): 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.
p.(None): CHAPTER 5
p.(None): Types of adoption
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 619.- Enumeration. This Code recognizes three types of adoption:
p.(None): a) full;
p.(None): b) simple;
p.(None): c) integration.
p.(None): 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
p.(None): Marital impediments remain. The adoptee has in the adoptive family the same rights and obligations as all children.
p.(None): 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
p.(None): Code.
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): 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,
p.(None): 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.
p.(None): 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.
p.(None): The conversion takes effect from the time the judgment is final and for the future.
p.(None): ARTICLE 623.- Adopted name. The adoptee's first name must be respected. Exceptionally and for reasons based on the prohibitions established in the
p.(None): 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
p.(None): sense to be asked.
p.(None): SECTION 2
p.(None): Full adoption
p.(None): ARTICLE 624.- Irrevocability. Other effects. Full adoption is irrevocable.
p.(None): 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
p.(None): adopted, without altering the other effects of the adoption.
p.(None): ARTICLE 625.- Guidelines for granting full adoption. Full adoption should be granted, preferably, in the case of children or adolescents
p.(None): orphans of father and mother who have no established affiliation.
p.(None): Full adoption may also be granted in the following cases:
p.(None): a) when the child or adolescent has been declared in a situation of adoptability;
p.(None): b) when they are children of parents deprived of parental responsibility;
p.(None): c) when the parents have declared before the judge their free and informed decision to give their child up for adoption.
p.(None): ARTICLE 626.- Last name. The child's last name by full adoption is governed by the following rules:
p.(None): 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;
p.(None): b) if it is a joint adoption, the general rules regarding the surname of the married children apply;
p.(None): 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
p.(None): surname of the adopter or one of them if the adoption is joint;
p.(None): d) in all cases, if the adoptee is of sufficient age and maturity, the judge must especially value his opinion.
p.(None): SECTION 3
p.(None): Simple adoption
p.(None): ARTICLE 627.- Effects. Simple adoption produces the following effects:
p.(None): 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
p.(None): parental are transferred to adopters;
p.(None): b) the family of origin has the right to communicate with the adoptee, unless it is contrary to the best interests of the child;
p.(None): c) the adoptee retains the right to claim alimony from his family of origin when the adopters cannot provide it;
p.(None): 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
p.(None): 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;
p.(None): e) Inheritance law is governed by the provisions of Book Five.
p.(None): 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
p.(None): filiation against their parents, and recognition of the adopted.
...

p.(None): and the child's assets, for his protection, development and comprehensive training while he is a minor and has not been emancipated.
p.(None): ARTICLE 639.- General principles. Enumeration. Parental responsibility is governed by the following principles:
p.(None): a) the best interests of the child;
p.(None): 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
p.(None): exercise of children's rights;
p.(None): c) the child's right to be heard and to have his opinion taken into account according to his age and degree of maturity.
p.(None): ARTICLE 640.- Legal figures derived from parental responsibility. This Code regulates:
p.(None): a) ownership and exercise of parental responsibility;
p.(None): b) the personal care of the child by the parents;
p.(None): c) the guard granted by the judge to a third party.
p.(None): EPISODE 2
p.(None): Ownership and exercise of parental responsibility
p.(None): ARTICLE 641.- Exercise of parental responsibility. The exercise of parental responsibility corresponds to:
p.(None): 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
p.(None): contemplated in article 645, or that expresses opposition;
p.(None): 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
p.(None): 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
p.(None): establish different modalities;
p.(None): c) in case of death, absence with presumption of death, deprivation of parental responsibility or suspension of the exercise of a parent, the other;
p.(None): d) in the case of an extramarital child with a single filial bond, to the only parent;
...

p.(None): 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
p.(None): 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
p.(None): 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
p.(None): judge according to the conditions of fortune of the obligor, the needs of the fed and the time of coexistence.
p.(None): CHAPTER 8
p.(None): Representation, disposition and administration of the assets of the minor child
p.(None): ARTICLE 677.- Representation. Parents may be on trial for their child as plaintiffs or defendants.
p.(None): It is presumed that the adolescent child has sufficient autonomy to intervene in a process jointly with the parents, or autonomously with assistance.
p.(None): lawyer.
p.(None): 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
p.(None): intervene in the process with due legal assistance, after hearing the opponent and the Public Ministry.
p.(None): ARTICLE 679.- Judgment against the parents. The minor child can claim his parents for his own interests without prior judicial authorization, if he has
p.(None): with sufficient age and degree of maturity and legal assistance.
p.(None): 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
p.(None): recognize children.
p.(None): 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
p.(None): otherwise without authorization from their parents; in any case, the provisions of this Code and of special laws must be complied with.
p.(None): 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
...

p.(None): parental responsibility. Conservatory acts can be awarded indistinctly by either parent.
p.(None): This provision applies regardless of whether the care is one-person or shared.
p.(None): ARTICLE 686.- Exceptions to administration. The following administration assets are excepted:
p.(None): 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;
p.(None): b) those inherited by the son for the unworthiness of his parents;
p.(None): c) those acquired by inheritance, legacy or donation, when the donor or testator has expressly excluded the administration of the parents.
p.(None): ARTICLE 687.- Voluntary appointment of administrator. The parents can agree that one of them manages the child's assets; in that case, the parent
p.(None): administrator needs the express consent of the other for all acts that also require judicial authorization.
p.(None): 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
p.(None): to designate one of them or, failing that, a suitable third party to exercise the function.
p.(None): ARTICLE 689.- Prohibited contracts. The parents cannot make any contract with the child who is under their responsibility, except the provisions for
p.(None): free donations provided for in article 1549.
p.(None): 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
p.(None): 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
p.(None): guarantors of them or third parties.
p.(None): 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
p.(None): son who has the age and degree of maturity sufficient.
p.(None): ARTICLE 691.- Location contracts. The location of the child's assets made by the parents implies the condition of extinction when the responsibility
p.(None): parental conclude.
p.(None): ARTICLE 692.- Acts that need judicial authorization. Court authorization is required to dispose of the child's assets. Acts performed without authorization may be
p.(None): declared void if they harm the child.
p.(None): 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
p.(None): 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
p.(None): from an interested party.
p.(None): ARTICLE 694.- Loss of administration. Parents lose the administration of the child's property when it is ruinous, or its ineptitude is proven to
p.(None): 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.
p.(None): ARTICLE 695.- Administration and deprivation of parental responsibility. The parents lose the administration of the child's assets when they are deprived of the
p.(None): parental responsibility.
p.(None): 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
p.(None): Judge must appoint a special guardian.
p.(None): 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
p.(None): 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
...

p.(None): when it comes to paying the following expenses:
p.(None): a) subsistence and education of the child when the parents cannot assume this responsibility at their expense due to incapacity or economic difficulty;
p.(None): b) of illness of the child and of the person who has instituted the child's heir;
p.(None): c) capital preservation, accrued during the minority of the child.
p.(None): CHAPTER 9
p.(None): Termination, deprivation, suspension and rehabilitation of parental responsibility
p.(None): ARTICLE 699.- Termination of ownership. The ownership of parental responsibility is extinguished by:
p.(None): a) death of the parent or child;
p.(None): b) profession of the parent in a monastic institute;
p.(None): c) reaching the age of majority;
p.(None): d) emancipation, except as provided in article 644;
p.(None): 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
p.(None): adopt the child of the spouse or partner.
p.(None): ARTICLE 700.- Deprivation. Either parent is deprived of parental responsibility for:
p.(None): 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;
p.(None): 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;
p.(None): c) endangering the security, physical or mental health of the child;
p.(None): d) the child's adoptability status has been declared.
p.(None): 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
p.(None): declared the state of adoptability of the child.
p.(None): ARTICLE 701.- Rehabilitation. The deprivation of parental responsibility can be annulled by the judge if the parents, or one of them, shows that the
p.(None): Restitution is justified for the benefit and interest of the child.
p.(None): ARTICLE 702.- Suspension of the exercise. The exercise of parental responsibility is suspended while it lasts:
p.(None): a) the declaration of absence with the presumption of death;
p.(None): b) the term of the sentence to confinement and imprisonment for more than three years;
p.(None): c) the declaration by final judgment of the limitation of capacity for serious mental health reasons that prevent the parent from exercising this;
p.(None): d) the child's coexistence with a third party, separated from their parents for serious reasons, in accordance with the provisions of special laws.
p.(None): 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
p.(None): 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
p.(None): of the child or adolescent.
p.(None): 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
p.(None): parental.
p.(None): TITLE VIII
p.(None): Family processes
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): ARTICLE 705.- Scope of application. The provisions of this title are applicable to family matters, without prejudice to what the law provides in cases
p.(None): specific.
p.(None): ARTICLE 706.- General principles of family processes. The family process must respect the principles of effective judicial protection, immediacy, good faith
p.(None): and procedural loyalty, informality, orality and limited access to the file.
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p.(None): EPISODE 2
p.(None): Family status actions
p.(None): 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
p.(None): the cases that the law establishes.
p.(None): The economic rights that are a consequence of the family status are subject to prescription.
p.(None): ARTICLE 713.- Personal Inherence. The actions of family status are personal and cannot be exercised by way of subrogation. They are only transmitted by
p.(None): cause of death in cases where the law establishes it.
p.(None): ARTICLE 714.- Expiration of the marriage annulment action for the death of one of the spouses. The marriage annulment action cannot be attempted
p.(None): after the death of one of the spouses, except that:
p.(None): 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
p.(None): previously this opposition;
p.(None): 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;
p.(None): c) it is necessary to determine the plaintiff's right and absolute nullity is invoked by descendants or ascendants.
p.(None): The marriage annulment action deducted by the Public Ministry can only be promoted in the life of both spouses.
p.(None): 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
p.(None): do what.
p.(None): CHAPTER 3
p.(None): Competition rules
p.(None): ARTICLE 716.- Processes related to the rights of children and adolescents. In the processes related to parental responsibility, guardianship, care,
p.(None): 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
p.(None): adolescents, the judge of the place where the minor has his or her center of life is competent.
p.(None): 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,
p.(None): 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.
p.(None): 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.
p.(None): ARTICLE 718.- Coexistence unions. In disputes arising from cohabitation unions, the judge of the last coexistence domicile or that of the defendant is competent
p.(None): at the choice of the actor,
p.(None): ARTICLE 719.- Alimony and compensatory pensions between spouses or cohabitants. In actions for maintenance or compensatory pensions between spouses or
p.(None): 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
p.(None): maintenance obligation, at the choice of the actor.
p.(None): 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
p.(None): of the defendant.
p.(None): CHAPTER 4
p.(None): Provisional measures
p.(None): 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
p.(None): As a matter of urgency, the judge can take the provisional measures necessary to regulate personal relationships between spouses and children during the process.
p.(None): You can especially:
p.(None): 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
p.(None): leaves the property;
p.(None): b) if applicable, establish the income for the exclusive use of the home by one of the spouses;
p.(None): c) order the delivery of objects for personal use;
p.(None): d) to provide for a regime of food and exercise and childcare in accordance with the provisions of Title VII of this Book;
p.(None): e) determine the maintenance requested by the spouse taking into account the guidelines established in article 433.
p.(None): 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
p.(None): 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
p.(None): endangered, make uncertain or defraud the property rights of the other, whatever the marital property regime.
p.(None): You can also order measures to individualize the existence of assets or rights of which the spouses were holders.
p.(None): The decision that accepts these measures must establish a period of duration
p.(None): ARTICLE 723.- Scope of application. Articles 721 and 722 are applicable to cohabitation unions, as appropriate.
p.(None): THIRD BOOK
p.(None): PERSONAL RIGHTS
p.(None): TITLE I
p.(None): General obligations
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): 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
p.(None): licit interest and, in the event of default, to obtain the satisfaction of said interest.
p.(None): ARTICLE 725.- Requirements. The provision that constitutes the object of the obligation must be material and legally possible, lawful, determined or determinable, capable of
p.(None): economic valuation and must correspond to a patrimonial or extra-patrimonial interest of the creditor.
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 728.- Moral duty. What is delivered in fulfillment of moral or conscientious duties is unrepeatable.
p.(None): ARTICLE 729.- Good faith. Debtor and creditor must act with care, foresight and according to the requirements of good faith.
p.(None): ARTICLE 730.- Effects in relation to the creditor. The obligation entitles the creditor to:
p.(None): a) use the legal means for the debtor to procure for him what he has been obliged to do;
p.(None): b) have it procured by another at the debtor's expense;
p.(None): c) Obtain the corresponding compensation from the debtor.
p.(None): If the breach of the obligation, whatever its source, results in judicial or arbitration litigation, the responsibility for the payment of costs, including fees
p.(None): 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,
p.(None): 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
p.(None): 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
p.(None): You must consider the amount of the fees of the professionals who have represented, sponsored or assisted the party ordered to pay the costs.
p.(None): 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
p.(None): creditor.
p.(None): ARTICLE 732.- Acting of auxiliaries. Equalization principle. The breach of the persons of whom the debtor uses for the execution of the obligation is
p.(None): equates the derivative of the fact of the obligor.
p.(None): 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
p.(None): fulfillment of a benefit.
p.(None): ARTICLE 734.- Recognition and autonomous promise. Recognition may refer to a previous title or cause; it can also constitute an autonomous promise of
p.(None): debt.
p.(None): 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
p.(None): there is a new and lawful cause of duty.
p.(None): EPISODE 2
p.(None): Shares and common guarantee of creditors
p.(None): SECTION 1
p.(None): Direct action
p.(None): 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
p.(None): 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
p.(None): law.
p.(None): ARTICLE 737.- Exercise requirements. The exercise of direct action by the creditor requires compliance with the following requirements:
p.(None): a) a creditable credit from the creditor against his own debtor;
p.(None): b) a correlatable callable debt of the third party defendant in favor of the debtor;
p.(None): c) homogeneity of both credits among themselves;
p.(None): d) neither of the two credits must have been seized prior to the promotion of direct action;
p.(None): e) summons of the debtor to trial.
p.(None): ARTICLE 738.- Effects. Direct action produces the following effects:
p.(None): a) the notification of the demand causes the seizure of the credit in favor of the plaintiff;
p.(None): b) the claim can only prosper up to the lesser amount of the two obligations;
p.(None): 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;
p.(None): d) the amount received by the actor goes directly to his assets;
p.(None): e) the debtor is released from his creditor to the extent that it corresponds based on the payment made by the defendant.
p.(None): SECTION 2
p.(None): Subrogatory action
p.(None): 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
p.(None): to do so and that omission affects the collection of your credit.
p.(None): The creditor does not enjoy any preference over the assets obtained by that means.
p.(None): ARTICLE 740.- Summons of the debtor. The debtor must be summoned to take part in the respective trial.
p.(None): ARTICLE 741.- Rights excluded. The following are excluded from the subrogatory action:
p.(None): a) the rights and actions that, by their nature or by provision of the law, can only be exercised by their owner;
p.(None): b) the rights and actions subtracted from the collective guarantee of the creditors;
p.(None): c) mere powers, except that their exercise may result in an improvement in the debtor's equity situation.
p.(None): 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
p.(None): subsequent to the lawsuit, provided that they are not in fraud of the creditor's rights.
p.(None): SECTION 3
p.(None): Common guarantee of creditors
p.(None): 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
...

p.(None): 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;
p.(None): f) the indemnities that correspond to the debtor for moral damage and material damage derived from injuries to his psychophysical integrity;
p.(None): g) the compensation for maintenance that corresponds to the spouse, the partner and the children with alimony, in case of homicide;
p.(None): h) the other assets declared unattachable or excluded by other laws.
p.(None): 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
p.(None): preference to other creditors.
p.(None): This priority is only enforceable against unsecured creditors in individual proceedings.
p.(None): If several creditors seize the same property of the debtor, the rank among them is determined by the date of the measure's lock.
p.(None): Subsequent embargoes should only affect the surplus that remains after the credits that have obtained previous embargoes have been paid.
p.(None): CHAPTER 3
p.(None): Classes of obligations
p.(None): SECTION 1
p.(None): Obligations to give
p.(None): 1st paragraph
p.(None): General disposition
p.(None): 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
p.(None): its accessories, even if they were momentarily separated from it.
p.(None): 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
p.(None): 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,
p.(None): Title II of the Third Book.
p.(None): 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
p.(None): It has an expiration period of three days from receipt to claim for defects in quantity, quality or apparent defects.
p.(None): 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
p.(None): only the use or possession of it, the rules contained in the special titles apply.
p.(None): 2nd paragraph
p.(None): Obligations to give certain thing to constitute real rights
p.(None): ARTICLE 750.- Tradition. The creditor does not acquire any real rights to the thing before the tradition, except as otherwise provided by law.
p.(None): 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
p.(None): in fact of man, they are classified as necessary, useful and mere luxury, recreation or luxury.
p.(None): 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
p.(None): liability for any party.
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 754.- Fruits. Until the day of tradition, the fruits received belong to the debtor; from that date, accrued and unearned fruits will
p.(None): correspond to the creditor.
p.(None): 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
p.(None): impossibility of compliance.
p.(None): 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.
p.(None): faith and for consideration, you have a better right:
p.(None): a) the one with a registration location and tradition;
p.(None): b) he who has received the tradition;
p.(None): c) the one with the previous registration location;
p.(None): d) in the other cases, the one with the title of a certain previous date.
p.(None): 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
p.(None): for consideration, you have a better right:
p.(None): a) the one with the previous registration location, in the case of recordable personal property;
...

p.(None): 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
p.(None): 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
p.(None): abusive.
p.(None): 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
p.(None): 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
p.(None): special.
p.(None): ARTICLE 777.- Forced execution. Failure to comply with the benefit entitles the creditor to:
p.(None): a) require specific compliance;
p.(None): b) enforce it by third parties at the debtor's expense;
p.(None): c) claim damages.
p.(None): 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
p.(None): the physical destruction of what was done, and the damages.
p.(None): SECTION 3
p.(None): Alternative obligations
p.(None): 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
p.(None): only one of them.
p.(None): ARTICLE 780.- Election. Subjects. Effects. Unless otherwise stipulated, the power to choose corresponds to the debtor. The option that corresponds to several people
p.(None): 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
p.(None): 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.
p.(None): In periodic obligations, the choice made once does not imply a waiver of the power to opt in the future.
p.(None): The choice is irrevocable since it is communicated to the other party or since the debtor executes some of the services, even partially.
p.(None): 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.
p.(None): ARTICLE 781.- Regular alternative obligation. In cases where the choice corresponds to the debtor and the alternative is between two benefits, the following apply
p.(None): rules:
p.(None): 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
p.(None): 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
p.(None): 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;
p.(None): 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
p.(None): to causes that compromise the creditor's liability; in this case, the debtor has the right to choose which one is released;
p.(None): 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
p.(None): 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
p.(None): damages arising from the greater onerousness caused by the payment made, in relation to which it was impossible;
p.(None): d) if all benefits are impossible due to causes beyond the responsibility of the parties, the obligation is extinguished.
p.(None): ARTICLE 782.- Irregular alternative obligation. In cases where the choice corresponds to the creditor and the alternative is between two benefits, the
p.(None): following rules:
p.(None): 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
p.(None): 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
p.(None): the value of which is impossible;
p.(None): 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
p.(None): causes that compromise the debtor's responsibility; in this case the creditor has the right to claim the value of any of the benefits;
p.(None): 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
p.(None): 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
p.(None): responsibility of the debtor, the creditor has the right to choose with the value of which of them is satisfied;
p.(None): d) if all benefits are impossible due to causes beyond the responsibility of the parties, the obligation is extinguished.
p.(None): 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
p.(None): third party to whom the election has been entrusted.
p.(None): ARTICLE 784.- Choice of modalities or circumstances. If the obligation authorizes the election regarding its modalities or circumstances, the rules apply
p.(None): precedents on the right to make the option and its legal effects.
p.(None): ARTICLE 785.- Limited gender obligations. The provisions of this Section apply to obligations in which the debtor must deliver an uncertain thing but
p.(None): comprised within a number of certain things of the same species.
p.(None): SECTION 4
p.(None): Optional obligations
p.(None): 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
p.(None): fulfilling the accessory. The debtor has until the moment of payment to exercise the power to choose.
p.(None): ARTICLE 787.- Extinction. The optional obligation is extinguished if the main benefit is impossible, without prejudice to the corresponding liability.
p.(None): ARTICLE 788.- Case of doubt. In case of doubt as to whether the obligation is alternative or optional, it is an alternative.
p.(None): ARTICLE 789.- Option between modalities and circumstances. If the obligation authorizes the option regarding its modalities or circumstances, the rules apply
p.(None): precedents.
p.(None): SECTION 5
p.(None): Obligations with a penal clause and penalty penalties
p.(None): 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
p.(None): delay or not execute the obligation.
p.(None): 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
p.(None): be for the benefit of the creditor or a third party.
p.(None): 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
p.(None): exemption from the fortuitous case must be interpreted and applied restrictively.
p.(None): 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
p.(None): creditor is not entitled to other compensation, even if it proves that the penalty is not sufficient reparation.
p.(None): 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
p.(None): creditor suffered no harm.
p.(None): 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.
p.(None): circumstances of the case, configure an abusive use of the debtor's situation.
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): 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.
...

p.(None): The observance of judicial mandates issued to public authorities is governed by the rules of administrative law.
p.(None): SECTION 6
p.(None): Divisible and indivisible obligations
p.(None): 1st paragraph
p.(None): Divisible obligations
p.(None): ARTICLE 805.- Concept. Divisible obligation is the one whose object is benefits capable of partial fulfillment.
p.(None): ARTICLE 806.- Requirements. The legally divisible benefit requires the concurrence of the following requirements:
p.(None): a) be materially fractional, so that each of its parts has the same quality of the whole;
p.(None): b) the value of the object is not significantly affected, nor is its use and enjoyment uneconomical, due to the division.
p.(None): 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.
p.(None): 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
p.(None): there are creditors or debtors, provided that the constitutive title does not determine different proportions.
p.(None): 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
p.(None): the rest.
p.(None): 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.
p.(None): ARTICLE 810.- Right to reimbursement. In cases where the debtor pays more than his share of the debt:
p.(None): 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;
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): it corresponds.
p.(None): 2nd paragraph
p.(None): Indivisible obligations
p.(None): ARTICLE 813.- Concept. Obligations not subject to partial compliance are indivisible.
p.(None): ARTICLE 814.- Indivisibility cases. There is indivisibility:
p.(None): a) if the benefit cannot be materially divided;
p.(None): 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;
p.(None): c) if provided by law.
p.(None): ARTICLE 815.- Indivisible benefits. The benefits corresponding to the obligations are considered indivisible:
p.(None): a) to give a certain thing;
p.(None): b) to do, except if they have been agreed by unit of measure and the debtor has the right to partial release;
p.(None): c) not to do;
p.(None): d) accessory, if the main one is indivisible.
p.(None): 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
p.(None): they, simultaneously or successively.
p.(None): ARTICLE 817.- Right to pay. Either co-debtor is entitled to pay the entire debt to any of the creditors.
...

p.(None): divisible or indivisible.
p.(None): 2nd paragraph
p.(None): Solidarity obligations. General disposition
p.(None): 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
p.(None): Full compliance can be demanded of any of the debtors, by any of the creditors.
p.(None): ARTICLE 828.- Sources. Solidarity is not presumed and must arise unequivocally from the law or from the title establishing the obligation.
p.(None): 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
p.(None): passive solidarity, and each of the co-creditors, in active solidarity, represents the others in the acts that it performs as such.
p.(None): 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
p.(None): situation of others; nor the existence of modalities in this regard.
p.(None): ARTICLE 831.- Defenses. Each of the debtors can oppose to the creditor the defenses common to all of them.
p.(None): 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
p.(None): 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
p.(None): concurrence of the party belonging to the debt to the co-debtor who can invoke them.
p.(None): 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
p.(None): personal circumstances of the defendant co-debtor.
p.(None): 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
p.(None): personal exceptions that it has in front of each one of them.
p.(None): 3rd paragraph
p.(None): Passive solidarity
p.(None): ARTICLE 833.- Right to collect. The creditor has the right to request payment to one, several or all co-debtors, simultaneously or successively.
p.(None): 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.
p.(None): ARTICLE 835.- Extinction modes. Subject to special provisions, extinction modes affect, as the case may be, the obligation, or the quota of a debtor
p.(None): solidarity, according to the following rules:
p.(None): a) the obligation is extinguished in the whole when one of the joint and several debtors pays the debt;
p.(None): 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
p.(None): compensation between the creditor and one of the joint and several debtors;
p.(None): 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
p.(None): solidary;
p.(None): d) the transaction made with one of the joint debtors, takes advantage of the others, but cannot be opposed to them.
...

p.(None): participate it with others.
p.(None): ARTICLE 855.- Applicable rules. The rules of simply pooled obligations apply, in the alternative.
p.(None): SECTION 10
p.(None): Principal and accessory obligations
p.(None): ARTICLE 856.- Definition. Main obligations are those whose existence, legal regime, effectiveness and functional development are autonomous and independent of
p.(None): any other binding bond. Rights and obligations are accessory to a main obligation when they depend on it in any of the aspects
p.(None): previously indicated, or when they are essential to satisfy the creditor's interest.
p.(None): ARTICLE 857.- Effects. The extinction, nullity or ineffectiveness of the main credit, extinguish the accessory rights and obligations, except legal or conventional provision in
p.(None): contrary.
p.(None): SECTION 11
p.(None): Accountability
p.(None): 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.
p.(None): There is accountability when they are brought to the attention of the interested person, in accordance with the provisions of the following articles.
p.(None): ARTICLE 859.- Requirements. Accountability must:
p.(None): a) be done in a descriptive and documented way;
p.(None): b) include the references and explanations reasonably necessary for their understanding;
p.(None): c) to accompany the receipts of the income and the expenses, except that it is of use not to extend them;
p.(None): d) agree with the books kept by the person who renders them.
p.(None): ARTICLE 860.- Obligation to render accounts. They are obliged to render accounts, except express resignation of the interested party:
p.(None): a) who acts in the interest of others, even in his own name;
p.(None): b) those who are part of relationships of continuous execution, when the rendering is appropriate to the nature of the business;
p.(None): c) who must do so by legal provision.
p.(None): Accountability can be private, except if the law provides that it must be done before a judge.
p.(None): ARTICLE 861.- Opportunity. Accounts must be rendered at the time stipulated by the parties, or provided by law. Failing that, accountability must be
p.(None): made:
p.(None): a) at the conclusion of the business;
p.(None): b) if the business is of continuous execution, also at the end of each period or at the end of each calendar year.
p.(None): 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.
p.(None): 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
p.(None): expiration of one year of receipt.
p.(None): ARTICLE 863.- Relations of continued execution. In relationships of continuous execution if the accountability of the last period is approved, it is presumed that
p.(None): so were the returns corresponding to the previous periods.
p.(None): ARTICLE 864.- Balances and documents of the interested party. Once the accounts are approved:
p.(None): a) your balance must be paid within the term agreed or provided by law or, failing that, within ten days;
p.(None): 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.
p.(None): CHAPTER 4
p.(None): Payment
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 865.- Definition. Payment is the fulfillment of the provision that constitutes the object of the obligation.
p.(None): ARTICLE 866.- Applicable rules. The rules of legal acts apply to payment, subject to the provisions of this Chapter.
p.(None): ARTICLE 867.- Object of payment. The object of the payment must meet the requirements of identity, integrity, punctuality and location.
p.(None): 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.
p.(None): 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
p.(None): partly illiquid, the debtor can pay the liquid part.
p.(None): 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.
p.(None): ARTICLE 871.- Payment time. Payment must be made:
p.(None): a) if the obligation is immediately enforceable, at the time of its birth;
p.(None): b) if there is a certain term, certain or uncertain, the day of its expiration;
p.(None): c) if the term is tacit, at the time when, according to the nature and circumstances of the obligation, it must be fulfilled;
p.(None): 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.
p.(None): ARTICLE 872.- Advance payment. The payment prior to the expiration of the term does not give the right to demand discounts.
p.(None): ARTICLE 873.- Designated place of payment. The place of payment can be established by agreement of the parties, expressly or tacitly.
p.(None): 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
p.(None): 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
p.(None): creditor.
p.(None): This rule does not apply to obligations:
p.(None): a) to give a certain thing; in this case, the place of payment is where the thing is usually found;
p.(None): b) of bilateral obligations of simultaneous fulfillment; in this case, the place of payment is where the main benefit must be fulfilled.
p.(None): ARTICLE 875.- Validity. Payment must be made by person with capacity to arrange.
p.(None): 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
p.(None): case, that of bankruptcy law.
p.(None): 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
p.(None): pledge or garnishment.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): corresponding to the category of their obligation.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): patrimonial impairment, and can pay against the individual or joint opposition of the creditor and the debtor.
p.(None): 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
p.(None): against the debtor with the same scope as:
p.(None): a) the agent executing the service with the consent of the debtor;
p.(None): b) the business manager acting in ignorance of it;
p.(None): c) who files the enrichment action without cause, if he acts against the will of the debtor.
p.(None): You can also exercise the action that arises from the subrogation by execution of the benefit by a third party.
p.(None): ARTICLE 883.- Legitimation to receive payments. The payment made is extinguishing the credit:
p.(None): 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
p.(None): of their obligation;
p.(None): b) at the order of the judge who ordered the attachment of the loan;
p.(None): c) to the third party indicated to receive payment, in whole or in part;
p.(None): 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
p.(None): payment;
p.(None): 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
p.(None): expired in judgment on the right it invokes.
p.(None): 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:
p.(None): a) in the case of subsection c) of article 883, pursuant to the terms of the internal relationship between the two;
p.(None): b) in the cases of subsections d) and e) of article 883, in accordance with the rules of undue payment.
p.(None): 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
p.(None): 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.
p.(None): However, the payment produces effects to the extent that the creditor has benefited.
p.(None): SECTION 2
p.(None): Blackberry
p.(None): 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
p.(None): of the obligation.
p.(None): The creditor is in default if the debtor makes an offer of payment in accordance with article 867 and unreasonably refuses to receive it.
p.(None): ARTICLE 887.- Exceptions to the principle of automatic default. The automatic default rule does not apply to obligations:
p.(None): 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
p.(None): the uses and in good faith, must be followed;
p.(None): 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
p.(None): 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
p.(None): judgment for the fulfillment of the obligation.
p.(None): In case of doubt as to whether the term is tacit or indeterminate itself, it is considered to be tacit.
p.(None): 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.
p.(None): of the obligation.
p.(None): SECTION 3
p.(None): Payment to best fortune
p.(None): 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
p.(None): undetermined period.
p.(None): 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
p.(None): pay. In case of conviction, the judge can fix the payment in installments.
p.(None): 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
p.(None): as a pure and simple obligation.
p.(None): SECTION 4
p.(None): Competition benefit
p.(None): 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
p.(None): circumstances, and until they improve their fortune.
p.(None): ARTICLE 893.- People included. The creditor must grant this benefit:
p.(None): a) to their ascendants, descendants and collaterals up to the second degree, if they have not incurred any cause of unworthiness to succeed;
p.(None): b) his spouse or partner;
...

p.(None): 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
p.(None): notary public within forty-eight business hours of completion; if it is impossible to practice the notification, the debtor must record judicially.
p.(None): ARTICLE 911.- Rights of the creditor. Once notified of the deposit, within the fifth business day of notification, the creditor has the right to:
p.(None): 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;
p.(None): 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;
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): computed from receipt with reservation.
p.(None): 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
p.(None): demanded compliance with the obligation.
p.(None): SECTION 8
p.(None): Payment by subrogation
p.(None): 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
p.(None): conventional.
p.(None): ARTICLE 915.- Legal subrogation. Legal subrogation takes place in favor of:
p.(None): a) the one who pays a debt to which he was obligated with others, or by others;
p.(None): b) of the third party, interested or not, who pays with the consent of the debtor or in his ignorance;
p.(None): c) the interested third party who pays even with the opposition of the debtor;
p.(None): d) the heir with limited liability who pays with his own funds a debt of the deceased.
p.(None): ARTICLE 916.- Conventional subrogation by the creditor. The creditor may subrogate in his rights the third party that pays.
p.(None): 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
p.(None): provided for in these standards it is necessary that:
p.(None): a) both the loan and the payment consist of instruments with a certain earlier date;
p.(None): b) on the receipt state that the funds belong to the surrogate;
p.(None): c) in the loan instrument it is established that with this money the debtor's obligation will be fulfilled.
p.(None): 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
p.(None): the actions against the co-associates, guarantors, and personal and real guarantors, and the privileges and the right of retention, if any.
p.(None): ARTICLE 919.- Limits. The transmission of credit has the following limitations:
p.(None): a) the surrogate can only exercise the transferred right up to the value of what has been paid;
p.(None): 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;
p.(None): c) the conventional subrogation may be limited to certain rights or actions.
p.(None): ARTICLE 920.- Partial subrogation. If the payment is partial, the third party and the creditor concur with the debtor proportionally.
p.(None): CHAPTER 5
p.(None): Other modes of extinction
p.(None): SECTION 1
p.(None): Compensation
p.(None): ARTICLE 921.- Definition. The compensation of the obligations takes place when two people, in their own right, meet the quality of creditor and debtor
p.(None): 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
p.(None): both obligations began to coexist in conditions of being compensable.
p.(None): ARTICLE 922.- Species. The compensation can be legal, conventional, optional or judicial.
p.(None): ARTICLE 923.- Requirements for legal compensation. For legal compensation:
p.(None): a) both parties must be debtors of giving benefits;
p.(None): b) the objects included in the services must be homogeneous among themselves;
p.(None): c) the credits must be demandable and freely available, without affecting the right of third parties.
p.(None): ARTICLE 924.- Effects. Once opposed, legal compensation produces its effects from the moment in which both reciprocal debts coexist in conditions of being
p.(None): compensated, even if the credit is not liquid or is contested by the debtor.
p.(None): 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
p.(None): offsetting your debt with the debt of the creditor to the surety.
p.(None): 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
p.(None): payment.
p.(None): ARTICLE 927.- Optional compensation. Optional compensation acts by the will of only one of the parties when it waives a missing requirement for the
p.(None): legal compensation that works in your favor. It produces its effects from the moment it is communicated to the other party.
p.(None): ARTICLE 928.- Judicial compensation. Either party has the right to require a judge to declare the compensation that has occurred. The claim
p.(None): 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.
p.(None): ARTICLE 929.- Conventional exclusion. Compensation can be conventionally excluded.
p.(None): ARTICLE 930.- Non-compensable obligations. They are not compensable:
p.(None): a) food debts;
p.(None): b) the obligations to do or not to do;
p.(None): c) the obligation to pay damages and interests for not being able to restitute the thing that the owner or legitimate owner was stripped;
p.(None): 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;
p.(None): e) debts and credits between individuals and the national, provincial or municipal State, when:
p.(None): 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
p.(None): other payments to be made at customs, such as storage or warehouse fees;
p.(None): ii) debts and credits belong to different ministries or departments;
p.(None): iii) the credits of the individuals are included in the consolidation of debts against the State provided by law.
p.(None): f) the credits and the debts in the insolvency and bankruptcy, except in the scopes in which it is foreseen by the special law;
p.(None): g) the debt of the obligor to return an irregular deposit.
p.(None): SECTION 2
p.(None): Confusion
p.(None): 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
p.(None): heritage.
p.(None): ARTICLE 932.- Effects. The obligation is extinguished, totally or partially, in proportion to the part of the debt in which the confusion occurs.
p.(None): SECTION 3
p.(None): Novation
...

p.(None): damage caused.
p.(None): ARTICLE 956.- Temporary impossibility. The supervening, objective, absolute and temporary impossibility of the benefit has an extinguishing effect when the term is essential, or
p.(None): when its duration frustrates the creditor's interest irreversibly.
p.(None): TITLE II
p.(None): Contracts in general
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): ARTICLE 957.- Definition. Contract is the legal act by which two or more parties express their consent to create, regulate, modify, transfer or terminate
p.(None): patrimonial legal relations.
p.(None): 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
p.(None): public, morals and good customs.
p.(None): ARTICLE 959.- Binding effect. All validly concluded contracts are mandatory for the parties. Its content can only be modified or extinguished by agreement of
p.(None): parties or in the cases in which the law provides.
p.(None): 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.
p.(None): when authorized by law, or ex officio when public order is manifestly affected.
p.(None): ARTICLE 961.- Good faith. Contracts must be concluded, interpreted and executed in good faith. They oblige not only what is formally expressed, but all
p.(None): consequences that can be considered included in them, with the scope in which a careful and proactive contracting party would have reasonably been obliged.
p.(None): 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
p.(None): expression, its content, or its context, its unavailable character.
p.(None): ARTICLE 963.- Normative priority. When provisions of this Code and any special law concur, the rules are applied in the following order of priority:
p.(None): a) unavailable norms of the special law and this Code;
p.(None): b) particular rules of the contract;
p.(None): c) supplementary norms of the special law;
p.(None): d) supplementary rules of this Code.
p.(None): ARTICLE 964.- Integration of the contract. The content of the contract is integrated with:
p.(None): a) the unavailable rules, which are applied in substitution of the clauses incompatible with them;
p.(None): b) the supplementary rules;
p.(None): 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
p.(None): regularly observed in the area in which the contract is concluded, except that its application is unreasonable.
p.(None): ARTICLE 965.- Property right. The rights resulting from contracts make up the contractor's property right.
p.(None): EPISODE 2
p.(None): Classification of contracts
p.(None): ARTICLE 966.- Unilateral and bilateral contracts. Contracts are unilateral when one of the parties agrees to the other without the latter being bound. Are
p.(None): bilateral when the parties mutually oblige each other. The rules of bilateral contracts apply supplementally to plurilateral contracts.
...

p.(None): 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
p.(None): offeror if he immediately communicates it to the acceptor.
p.(None): ARTICLE 979.- Modes of acceptance. Any declaration or act of the recipient that reveals conformity with the offer constitutes acceptance. Silence matters acceptance only
p.(None): 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
p.(None): relationship between current silence and previous statements.
p.(None): ARTICLE 980.- Improvement. Acceptance perfects the contract:
p.(None): a) between those present, when it is manifested;
p.(None): b) between absentees, if received by the bidder during the term of the offer.
p.(None): 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
p.(None): she.
p.(None): 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
p.(None): 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
p.(None): by not concluded. The extension of a minute or a draft regarding any or all of the elements is not considered a partial agreement.
p.(None): 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.
p.(None): 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.
p.(None): SECTION 2
p.(None): Contracts entered into by adhering to general pre-arranged clauses
p.(None): ARTICLE 984.- Definition. The adhesion contract is the one through which one of the contractors adheres to general clauses unilaterally established, on the other
p.(None): part or by a third party, without the adherent has participated in its writing.
p.(None): ARTICLE 985.- Requirements. The predisposed general clauses must be understandable and self-sufficient.
p.(None): The wording must be clear, complete and easily legible.
p.(None): Those that make a return to texts or documents that are not provided to the predisposing counterpart, prior or simultaneously to the
p.(None): conclusion of the contract.
p.(None): This provision is applicable to telephone, electronic or similar contracts.
p.(None): ARTICLE 986.- Particular clauses. Particular clauses are those that, individually negotiated, extend, limit, delete or interpret a clause
p.(None): general. In case of incompatibility between general and particular clauses, the latter prevail.
p.(None): ARTICLE 987.- Interpretation. Ambiguous clauses predisposed by one of the parties are interpreted in the opposite direction to the predisposing party.
p.(None): ARTICLE 988.- Unfair terms. In the contracts provided for in this section, the following must be considered as not written:
p.(None): a) the clauses that distort the obligations of the predisponent;
p.(None): 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;
p.(None): c) those that, due to their content, wording or presentation, are not reasonably foreseeable.
p.(None): 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
p.(None): Partial nullity of the contract, you must simultaneously integrate it, if it cannot subsist without compromising its purpose.
p.(None): SECTION 3
p.(None): Contractual agreements
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): contract.
p.(None): 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
p.(None): 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
p.(None): having obtained an undue advantage of confidential information, it is obliged to compensate the other party to the extent of its own enrichment.
p.(None): 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
p.(None): questions relating to a future contract are of restrictive interpretation. They only have the binding force of supply if they meet your requirements.
p.(None): SECTION 4
p.(None): Preliminary contracts
p.(None): ARTICLE 994.- General provisions. Preliminary contracts must contain the agreement on the particular essential elements that identify the future contract
p.(None): definitive.
p.(None): 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.
p.(None): 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
p.(None): which requires a form under penalty of nullity. The regime of obligations to do is applicable.
p.(None): 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
p.(None): 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.
p.(None): SECTION 5
p.(None): Preference agreement and contract subject to conformity
p.(None): 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
p.(None): 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
p.(None): it can be reciprocal. The rights and obligations derived from this pact are transferable to third parties with the modalities stipulated.
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 999.- Contract subject to conformity. The contract whose development depends on a conformity or an authorization is subject to the rules of the
p.(None): suspensive condition.
p.(None): CHAPTER 4
p.(None): Inability and inability to contract
p.(None): 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
p.(None): 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
p.(None): have enriched.
p.(None): 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
p.(None): special provisions. Contracts the celebration of which is prohibited to certain subjects cannot be awarded by an interposer.
p.(None): ARTICLE 1002.- Special disabilities. They cannot contract in their own interest:
p.(None): a) public officials, with respect to property whose administration or alienation they are or have been in charge of;
p.(None): 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
p.(None): intervened;
p.(None): c) lawyers and attorneys, regarding litigious assets in processes in which they intervene or have intervened;
p.(None): d) the spouses, under the community regime, with each other.
p.(None): Executors who are not heirs cannot enter into a sale and purchase contract on the assets of the testamentary authorities in their charge.
p.(None): CHAPTER 5
p.(None): Object
p.(None): 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
p.(None): lawful, possible, determined or determinable, subject to economic valuation and corresponding to an interest of the parties, even when it is not equity.
p.(None): SECTION 1004.- Prohibited objects. Facts that are impossible or prohibited by law, are contrary to morality, to the
p.(None): 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
p.(None): object rights on the human body articles 17 and 56 apply.
p.(None): 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
p.(None): quantity, if it can be determined. It is determinable when sufficient criteria are established for its individualization.
p.(None): 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
p.(None): 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,
p.(None): petition that must be processed through the shortest procedure provided by the procedural legislation.
p.(None): 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
p.(None): come into existence, except in the case of random contracts.
p.(None): 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
p.(None): 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
p.(None): indemnify them when they have guaranteed the promise and it is not kept.
p.(None): He who has contracted on other people's property as his own is responsible for the damages if he does not deliver them.
p.(None): ARTICLE 1009.- Litigious assets, encumbered, or subject to precautionary measures. Litigious, encumbered, or subject to precautionary measures, may be subject to
p.(None): contracts, without prejudice to the rights of third parties.
p.(None): 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.
p.(None): ARTICLE 1010.- Future inheritance. Future inheritance cannot be the object of contracts, nor can eventual inheritance rights over objects.
p.(None): individuals, except as provided in the following paragraph or other express legal provision.
p.(None): 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
p.(None): conflict prevention or resolution, may include provisions referring to future hereditary rights and establish compensation in favor of other legitimates. These
p.(None): 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.
p.(None): ARTICLE 1011.- Long-term contracts. In long-term contracts, time is essential for the fulfillment of the object, so that the effects occur
p.(None): loved by the parties or the need that led them to contract is satisfied.
p.(None): 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
p.(None): Total length.
p.(None): 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.
p.(None): CHAPTER 6
p.(None): Cause
p.(None): ARTICLE 1012.- General provisions. The provisions of Section 2, Chapter 5, Title IV, First Book of this Code apply to the cause of contracts.
p.(None): 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
p.(None): cases, to the nullity, adaptation or termination of the contract.
p.(None): ARTICLE 1014.- Unlawful cause. The contract is void when:
p.(None): a) its cause is contrary to morality, public order or good customs;
p.(None): 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
p.(None): versus the other, but the latter can claim what she has given, without obligation to fulfill what she has offered.
p.(None): CHAPTER 7
p.(None): Shape
p.(None): ARTICLE 1015.- Freedom of forms. Only contracts to which the law imposes a certain form are formal.
p.(None): 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,
p.(None): except that they only deal with accessory or secondary stipulations, or that there is a legal provision to the contrary.
p.(None): ARTICLE 1017.- Public deed. They must be granted by public deed:
p.(None): 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.
p.(None): by auction from judicial or administrative execution;
p.(None): b) contracts that have as object doubtful or litigious rights over real estate;
p.(None): c) all acts that are accessory to other contracts awarded in public deed;
p.(None): d) the other contracts that, by agreement of parties or provision of the law, must be awarded in public deed.
p.(None): 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
p.(None): 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
p.(None): fulfilled, or ensure compliance.
p.(None): CHAPTER 8
p.(None): Proof
p.(None): 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,
p.(None): and in accordance with the provisions of procedural laws, except legal provision that establishes a special means.
p.(None): Contracts that are of instrumental use cannot be exclusively tested by witnesses.
p.(None): ARTICLE 1020.- Proof of formal contracts. Contracts in which formality is required for evidentiary purposes can be proven by other means,
p.(None): 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.
p.(None): 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
p.(None): existence of the contract.
p.(None): CHAPTER 9
p.(None): Effects
p.(None): SECTION 1
p.(None): Relative effect
p.(None): 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.
p.(None): 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
p.(None): parties obligations that these have not agreed, except legal provision.
p.(None): ARTICLE 1023.- Part of the contract. Anyone who:
p.(None): a) it is granted in its own name, even if it is in someone else's interest;
p.(None): b) is represented by a grantor acting on its behalf and interest;
p.(None): c) manifests the contractual will, even if it is transmitted by a broker or by an agent without representation.
p.(None): ARTICLE 1024.- Universal successors. The effects of the contract extend, actively and passively, to the universal successors, unless the obligations of it
p.(None): 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.
p.(None): SECTION 2
p.(None): Incorporation of third parties to the contract
p.(None): 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
p.(None): contract is ineffective. The express or tacit ratification of the third party replaces the lack of representation; execution implies tacit ratification.
p.(None): 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
p.(None): promise. If you have guaranteed that the promise is accepted, you are obliged to obtain it and respond personally in case of refusal.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): they are transmitted to their heirs, unless there is an express clause that authorizes it. The stipulation is of restrictive interpretation.
p.(None): 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.
p.(None): The stipulator can:
p.(None): 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;
p.(None): b) terminate the contract in the event of default, without prejudice to the rights of the third party beneficiary.
p.(None): ARTICLE 1029.- Contract for a person to designate. Any party may reserve the power to subsequently appoint a third party to assume its position.
p.(None): contractual, except if the contract cannot be concluded through a representative, or the determination of the subjects is essential.
p.(None): 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
p.(None): 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
p.(None): days since its celebration.
p.(None): As long as there is no third party acceptance, the contract produces effects between the parties.
p.(None): 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
p.(None): third assumes the contractual position when the event that determines him as beneficiary of the contract occurs.
p.(None): SECTION 3
p.(None): Suspension of compliance and force majeure
p.(None): ARTICLE 1031.- Suspension of compliance. In bilateral contracts, when the parties must comply simultaneously, one of them can suspend compliance
p.(None): 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
p.(None): several interested parties, the part due to each one can be suspended until the full execution of the consideration.
p.(None): 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
p.(None): 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
p.(None): compliance will be accomplished.
p.(None): SECTION 4
p.(None): Sanitation obligation
p.(None): 1st paragraph
p.(None): General disposition
p.(None): ARTICLE 1033.- Responsible subjects. Are required to sanitation:
p.(None): a) the transferor of goods for consideration;
p.(None): b) who has divided assets with others;
p.(None): c) their respective predecessors, if they have made the corresponding transfer for consideration.
p.(None): 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
p.(None): this Section, without prejudice to special regulations.
p.(None): ARTICLE 1035.- Acquisition free of charge. The acquirer free of charge may exercise to his benefit the actions of responsibility for sanitation corresponding to
p.(None): its predecessors.
p.(None): 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,
p.(None): without prejudice to the provisions of the following article.
p.(None): ARTICLE 1037.- Interpretation of the suppression and the decrease of the responsibility for sanitation. The clauses for deletion and reduction of liability for
p.(None): sanitation are of restrictive interpretation.
p.(None): ARTICLE 1038.- Cases in which they are considered not agreed. The suppression and reduction of liability for sanitation are considered not agreed in the
p.(None): following cases:
p.(None): a) if the transferor knew, or should have known, the danger of eviction, or the existence of defects;
p.(None): b) if the transferor acts professionally in the activity to which the transfer corresponds, unless the acquirer also performs professionally in that
p.(None): exercise.
...

p.(None): Where applicable, the provisions applicable to accessory items govern.
p.(None): ARTICLE 1042.- Plurality of subjects. Those who have responsibility for sanitation by virtue of successive dispositions are competing obligors. If the good has been
p.(None): Simultaneously alienated by several co-owners, they only respond in proportion to their undivided share, unless their solidarity has been agreed.
p.(None): ARTICLE 1043.- Ignorance or error. The person obliged to clean up cannot invoke his ignorance or error, unless otherwise stipulated.
p.(None): 2nd paragraph
p.(None): Liability for eviction
p.(None): ARTICLE 1044.- Content of the liability for eviction. The liability for eviction ensures the existence and legitimacy of the transmitted right, and extends to:
p.(None): a) any disturbance of law, total or partial, that falls on the property, for reasons prior or contemporary to the acquisition;
p.(None): 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
p.(None): acquirer
p.(None): c) de facto disturbances caused by the transferor.
p.(None): ARTICLE 1045.- Exclusions. The liability for eviction does not include:
p.(None): a) de facto disturbances caused by third parties outside the transferor;
p.(None): b) disturbances of law arising from a legal provision;
p.(None): 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
p.(None): a disproportionate economic imbalance.
p.(None): 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
p.(None): appear in the terms of the procedure law. The acquirer can continue to act in the process.
p.(None): 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
p.(None): You can collect them, or make any other claim if:
p.(None): a) did not summon the guarantor to the process;
p.(None): b) summoned the guarantor, and although he was acquitted, he continued with the defense and was defeated.
p.(None): ARTICLE 1048.- Cessation of responsibility. In cases where the judicial process is promoted, the responsibility for eviction ceases:
p.(None): a) if the acquirer does not quote the guarantor, or does so after the expiration of the period established by procedural law;
p.(None): 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
p.(None): ordinary remedies available against the unfavorable judgment;
p.(None): 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.
p.(None): 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.
p.(None): 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.
p.(None): ARTICLE 1049.- Regime of the shares. The creditor of the responsibility has the right to declare the resolution:
...

p.(None): b) the conduct of the parties, including subsequent conduct;
p.(None): c) the nature and purpose of the contract.
p.(None): 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
p.(None): It results from several possible interpretations, it is appropriate to understand them with the most appropriate scope for the purpose of the contract.
p.(None): ARTICLE 1067.- Protection of trust. The interpretation must protect the trust and loyalty that the parties owe each other, being inadmissible the
p.(None): contradiction with a legally relevant, prior and proper conduct of the same subject.
p.(None): ARTICLE 1068.- Dark expressions. When doubts persist despite the rules contained in the previous articles, if the contract is free
p.(None): 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.
p.(None): CHAPTER 11
p.(None): Subcontract
p.(None): ARTICLE 1069.- Definition. The subcontract is a new contract whereby the subcontractor creates in favor of the subcontractor a new contractual position derived from
p.(None): the one he has in the main contract.
p.(None): ARTICLE 1070.- General provision. In contracts with outstanding benefits, these may be subcontracted, in whole or in part, unless it is
p.(None): obligations that require personal benefits.
p.(None): ARTICLE 1071.- Actions of the subcontractor. The subcontractor has:
p.(None): a) of the actions arising from the subcontract, against the subcontractor;
p.(None): 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
p.(None): this with respect to the subcontractor. These direct actions are governed by the provisions of articles 736, 737 and 738.
p.(None): 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
p.(None): emerging from the main contract.
p.(None): It also has those that correspond to the subcontractor against the subcontractor, and can exercise them in their own name and interest.
p.(None): CHAPTER 12
p.(None): Related contracts
p.(None): ARTICLE 1073.- Definition. There is connection when two or more autonomous contracts are linked to each other by a previously established common economic purpose,
p.(None): 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
p.(None): derived from the interpretation, in accordance with the provisions of article 1074.
p.(None): ARTICLE 1074.- Interpretation. Related contracts must be interpreted through each other, attributing the appropriate meaning that emerges from the group of
p.(None): contracts, their economic function and the desired result.
p.(None): 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
p.(None): 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
p.(None): it produces the frustration of the common economic purpose.
p.(None): CHAPTER 13
p.(None): Termination, modification and adaptation of the contract
p.(None): ARTICLE 1076.- Bilateral termination. The contract may be terminated by bilateral termination. This termination, unless otherwise stipulated, only produces effects for the
p.(None): future and does not affect the rights of third parties.
p.(None): 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
p.(None): unilateral termination, revocation or resolution, in cases where the same contract, or the law, give it that power.
p.(None): 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
p.(None): unilateral termination, revocation and resolution of the following general rules:
p.(None): 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
p.(None): they make up the other;
p.(None): 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
p.(None): that could correspond; in such situation, subsection f) applies;
p.(None): 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
p.(None): in order to exercise the power to terminate the contract;
p.(None): d) the termination of the contract is not affected by the impossibility of returning the party that did not declare it;
p.(None): 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
p.(None): extinctive claim;
p.(None): 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
p.(None): 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
p.(None): until the expiration of the term of placement;
p.(None): g) the claim before a court for the termination of the contract prevents the subsequent deduction of a claim for compliance;
p.(None): h) The termination of the contract leaves the stipulations referring to restitution, damage repair, dispute resolution and any other that
p.(None): regulate the rights and obligations of the parties after termination.
p.(None): ARTICLE 1079.- Operationality of the effects of the extinction by declaration of one of the parties. Except to the contrary legal provision:
p.(None): a) unilateral termination and revocation produce effects only for the future;
p.(None): b) the resolution produces retroactive effects between the parties, and does not affect the right acquired for consideration by third parties in good faith.
p.(None): 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
p.(None): 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
p.(None): obligations to give to return, and to the provisions of the following article.
p.(None): ARTICLE 1081.- Bilateral contract. If it is the termination of a bilateral contract:
p.(None): a) restitution must be reciprocal and simultaneous;
p.(None): 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
p.(None): cancellation of the obligation;
p.(None): 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
p.(None): frustrated and, where appropriate, other damages.
p.(None): ARTICLE 1082.- Repair of the damage. The repair of damage, when appropriate, is subject to these provisions:
p.(None): 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;
p.(None): 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;
p.(None): c) if the penal clause has been agreed, it is applied with the scope established in articles 790 and following.
p.(None): 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
p.(None): 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
p.(None): partial, the creditor can only terminate the contract in full if he has no interest in the partial benefit.
p.(None): 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
p.(None): It is essential when:
p.(None): a) strict compliance with the service is essential within the context of the contract;
p.(None): b) the timely fulfillment of the provision is a condition of maintaining the creditor's interest;
p.(None): c) non-compliance deprives the injured party of what they substantially have the right to expect;
p.(None): d) the breach is intentional;
p.(None): e) the default has been announced by a serious and definitive statement from the debtor to the creditor.
p.(None): ARTICLE 1085.- Conversion of the demand for compliance. The sentence that condemns compliance implies the warning that, in the event of noncompliance, in
p.(None): the execution process, the creditor has the right to choose to terminate the contract, with the effects provided in article 1081.
p.(None): ARTICLE 1086.- Express resolution clause. The parties can expressly agree that the resolution occurs in case of generic or specific breaches
p.(None): 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.
p.(None): ARTICLE 1087.- Implicit resolution clause. In bilateral contracts, the resolution clause is implicit and is subject to the provisions of articles 1088 and 1089.
p.(None): ARTICLE 1088.- Budgets of the resolution by implicit resolution clause. The resolution by implicit resolution clause requires:
p.(None): 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
p.(None): contract;
p.(None): b) the debtor is in default;
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): unilaterally the termination of the contract, without prejudice to special provisions.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): it prevents the timely fulfillment of an obligation whose execution time is essential.
p.(None): ARTICLE 1091.- Unforeseen. If in a commutative contract of deferred or permanent execution, the provision by one of the parties becomes excessively onerous,
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): excessively onerous for reasons strange to its own wing.
p.(None): TITLE III
p.(None): Consumer contracts
p.(None): CHAPTER 1
p.(None): Consumption ratio
p.(None): ARTICLE 1092.- Consumption relationship. Consumer. Consumer relationship is the legal link between a provider and a consumer. The person is considered a consumer
p.(None): 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.
p.(None): 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
p.(None): free or onerous, as final recipient, for your own benefit or for your family or social group.
p.(None): 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
p.(None): 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
p.(None): by consumers or users, for their private, family or social use.
p.(None): ARTICLE 1094.- Interpretation and regulatory priority. The rules that regulate consumer relations must be applied and interpreted in accordance with the principle of
p.(None): consumer protection and access to sustainable consumption.
...

p.(None): ARTICLE 1119.- General rule. Without prejudice to the provisions of the special laws, the clause that, having been negotiated individually or not, has
p.(None): object or effect to cause a significant imbalance between the rights and obligations of the parties, to the detriment of the consumer.
p.(None): ARTICLE 1120.- Abusive legal situation. An abusive legal situation is considered to exist when the same result is achieved through the predisposition of a
p.(None): plurality of related legal acts.
p.(None): ARTICLE 1121.- Limits. They cannot be declared abusive:
p.(None): a) the clauses related to the relationship between the price and the good or service provided;
p.(None): b) those that reflect current provisions in international treaties or in imperative legal norms.
p.(None): 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:
p.(None): a) the administrative approval of the contracts or their clauses does not prevent control;
p.(None): b) the abusive clauses are considered not agreed;
p.(None): c) if the judge declares the contract null and void, he must simultaneously integrate it, if he cannot subsist without compromising its purpose;
p.(None): d) When an abusive legal situation derived from related contracts is proven, the judge must apply the provisions of article 1075.
p.(None): TITLE IV
p.(None): Contracts in particular
p.(None): CHAPTER 1
p.(None): Buy and sell
p.(None): SECTION 1
p.(None): General disposition
p.(None): 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.
p.(None): ARTICLE 1124.- Supplementary application to other contracts. The rules of this Chapter apply supplementally to contracts by which a party agrees to:
p.(None): 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,
p.(None): use, room, real estate or easement, and said part, to pay a price in money;
p.(None): b) transfer the ownership of securities for a price in money.
p.(None): 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
p.(None): produced, the rules of the sale apply, unless it turns out that the main obligation is to supply labor or
p.(None): provide other services. If the party commissioning the manufacture or production of things assumes the obligation to provide a substantial portion of the materials
p.(None): necessary, the rules of the work contract apply.
p.(None): 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
p.(None): purchase and sale in other cases.
p.(None): 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
p.(None): essential.
p.(None): ARTICLE 1128.- Obligation to sell. No one is obliged to sell, unless they are subject to the legal need to do so.
p.(None): SECTION 2
p.(None): Thing sold
p.(None): ARTICLE 1129.- Thing sold. All things that can be the subject of contracts can be sold.
p.(None): 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
p.(None): any. If it has partially ceased to exist, the buyer can demand the existing part with a price reduction.
p.(None): 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
p.(None): contract if when celebrating it, the thing had perished or was damaged.
p.(None): ARTICLE 1131.- Future thing. If a future thing is sold, it is understood subject to the suspensive condition that the thing comes into existence.
p.(None): 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.
p.(None): The buyer can assume, by express clause, the risk that the thing does not come into existence without the fault of the seller.
p.(None): 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
p.(None): your domain to the buyer.
p.(None): SECTION 3
p.(None): Price
p.(None): 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
p.(None): 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
p.(None): procedure to determine it.
p.(None): 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
p.(None): 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
p.(None): provide for local law.
p.(None): 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
p.(None): 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,
p.(None): 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.
p.(None): 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
p.(None): 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,
p.(None): the buyer has the right to settle.
p.(None): SECTION 4
p.(None): Seller's obligations
p.(None): 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
p.(None): 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
p.(None): concrete.
p.(None): 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
p.(None): 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
p.(None): measurement and the taxes on the sale.
p.(None): ARTICLE 1139.- Delivery time of the property. The seller must deliver the property immediately from the deed, unless otherwise agreed.
p.(None): ARTICLE 1140.- Delivery of the thing. The thing must be delivered with its accessories, free from any power relationship and third party opposition.
p.(None): SECTION 5
p.(None): Buyer's obligations
p.(None): ARTICLE 1141.- Enumeration. The buyer's obligations are:
p.(None): a) pay the price at the agreed place and time. If nothing is agreed, it is understood that the sale is cash;
p.(None): 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.
p.(None): so that the seller can make the delivery, and take charge of the thing;
p.(None): c) pay the receipt expenses, including those of testimony of the public deed and the others after the sale.
p.(None): SECTION 6
p.(None): Purchase and sale of furniture
p.(None): 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.
p.(None): 1st paragraph
p.(None): Price
p.(None): 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
p.(None): 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
p.(None): conclusion of the contract for such merchandise, sold in similar circumstances, in the commercial traffic in question.
p.(None): 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
p.(None): 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.
p.(None): 2nd paragraph
p.(None): Delivery of documentation
...

p.(None): 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
p.(None): Delivery must be made in the place where the certain thing was when the contract was concluded.
p.(None): ARTICLE 1149.- Making available of things sold. Endorsement of goods in transit. The parties may agree that the provision of the merchandise
p.(None): 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
p.(None): 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
p.(None): assignment or endorsement of transport documents from the date of assignment or endorsement.
p.(None): 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
p.(None): seller can, until the fixed date:
p.(None): a) deliver the missing part or quantity of things;
p.(None): 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
p.(None): do not cause inconvenience or excessive expenses for the buyer; however, the buyer retains the right to demand compensation for damages.
p.(None): 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
p.(None): 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
p.(None): of the applicable uses or the particularities of the sale.
p.(None): 4th paragraph
p.(None): Receipt of the thing and payment of the price
p.(None): 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
p.(None): the possibility of examining things, unless the modalities of delivery or payment agreed by the parties are incompatible with this possibility.
p.(None): 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
p.(None): shows.
p.(None): 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
p.(None): it must conform to the contract at the time of delivery to the buyer, the carrier or the third party designated to receive it.
p.(None): 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
p.(None): Buyer can claim in the ten days immediately after delivery, any lack of quantity or the inadequacy of things to the contract.
p.(None): 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
p.(None): there is no place for claims after they are received.
p.(None): ARTICLE 1156.- Adequacy of movable things to what has been agreed. Movable items are considered adequate to the contract if:
p.(None): a) they are suitable for the purposes for which things of the same type are ordinarily destined;
p.(None): 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
p.(None): 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;
p.(None): 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;
p.(None): d) respond to the provisions of article 1153.
p.(None): 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
p.(None): moment of the conclusion of the contract.
p.(None): 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
p.(None): the lack of adaptation of things to what was agreed.
p.(None): The determination of whether the thing sent by the seller is adequate to the contract is made by expert arbitrators, unless otherwise stipulated.
p.(None): 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
p.(None): days of delivery of the thing. The judge designates the arbitrator.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): contrary. If you receive it, the sale and transmission of the domain are firm in your regard.
p.(None): 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:
p.(None): a) the buyer reserves the right to prove the thing;
p.(None): b) the sale is agreed or is, according to the usage, "to the satisfaction of the buyer".
p.(None): 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
p.(None): Buyer pays the price without reservation or lets the period elapse without speaking.
p.(None): ARTICLE 1161.- General dissemination clauses in international uses. The clauses that have diffusion in international uses are presumed to be used with the
p.(None): meaning that they are assigned such uses, even if the sale is not international, provided that the circumstances do not prove otherwise.
p.(None): 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
p.(None): 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
...

p.(None): against restitution of the price, with the agreed excess or decrease.
p.(None): The contract subject to this pact is governed by the rules of the sale subject to a condition of resolution.
p.(None): 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
p.(None): You must refund the price, with the agreed excess or decrease.
p.(None): The rules of the sale apply under condition of resolution.
p.(None): 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
p.(None): buyer decides to dispose of it. The right it grants is personal and cannot be assigned or passed to the heirs.
p.(None): 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
p.(None): time in which the auction must be held.
p.(None): 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
p.(None): said communication.
p.(None): The rules of the sale apply under condition of resolution.
p.(None): 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
p.(None): 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
p.(None): documents registered in the corresponding registry, or if the third party has otherwise had effective knowledge.
p.(None): If the things sold are non-registrable furniture, the agreements are not enforceable against third-party purchasers in good faith and for consideration.
p.(None): 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,
p.(None): and two years in the case of movable things, counted from the conclusion of the contract.
p.(None): If the parties agree a longer term is reduced to the legal maximum. The term established by law is peremptory and cannot be extended.
p.(None): 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
p.(None): seller makes tradition of the thing to the buyer.
p.(None): 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
p.(None): tradition or, where appropriate, registration, only transmits the revocable domain.
p.(None): SECTION 8
p.(None): Ticket of sale
p.(None): 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
p.(None): Property sold if:
p.(None): 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;
p.(None): b) the buyer paid at least twenty-five percent of the price prior to the injunction;
p.(None): c) the ticket has a certain date;
p.(None): d) the acquisition has sufficient publicity, whether registered, or possessory.
...

p.(None): contractors in equal parts.
p.(None): 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
p.(None): eviction time, and damage. You can choose to enforce the liability for sanitation provided in this Code.
p.(None): ARTICLE 1175.- Supplementary rule. In all matters not provided for in this Chapter, the rules of sale are supplementary applied.
p.(None): CHAPTER 3
p.(None): Supply
p.(None): ARTICLE 1176.- Definition. Supply is the contract by which the supplier undertakes to deliver goods, including non-dependent services, periodically
p.(None): or continued, and the supplier to pay a price for each delivery or group of them.
p.(None): 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,
p.(None): with or without elaboration process, and ten years in other cases. The maximum term is computed from the first ordinary delivery.
p.(None): 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
p.(None): held according to the normal needs of the supplier at the time of its celebration.
p.(None): If only maximum and minimum quantities were agreed, the supplier has the right to determine the quantity at each corresponding opportunity, within those limits.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): another part to foresee the necessary actions for an efficient operation.
p.(None): 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
p.(None): both parties, unless otherwise agreed.
p.(None): ARTICLE 1181.- Price. In the absence of a convention or use to the contrary, in the singular benefits, the price:
p.(None): 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
p.(None): ordinary business or way of life;
p.(None): b) failing that, it is determined by the current value of the place on the date and place of each delivery;
p.(None): c) must be paid within the first ten days of the calendar month following that in which the delivery occurred.
p.(None): 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
p.(None): Same or similar object, is valid as long as the duration of the obligation does not exceed three years.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): Notification received. In the event of its silence, its right of preference expires.
p.(None): ARTICLE 1183.- Contract for an undetermined time. If the duration of the supply has not been expressly established, either party may resolve it, giving
p.(None): 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
p.(None): nature of the supply, which in no case may be less than sixty days.
p.(None): 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
p.(None): provision, under the terms of articles 1077 and following if the breach is of significant importance, so as to reasonably question the possibility of
p.(None): non-compliant to attend exactly the subsequent maturities.
p.(None): 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
p.(None): benefits until the breach is remedied, if you have warned the breach by notice given in the agreed terms or, failing that, with a
p.(None): reasonable anticipation based on circumstances.
p.(None): ARTICLE 1186.- Supplementary rules. As long as it is not foreseen in the contract or in the preceding regulations, the rules of the
p.(None): contracts to which they correspond, which are compatible.
p.(None): CHAPTER 4
p.(None): Location
p.(None): SECTION 1
p.(None): General disposition
p.(None): 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.
p.(None): The provisions regarding the consent, price and purpose of the sale contract apply to the lease contract.
p.(None): 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
p.(None): of a property, must be done in writing.
p.(None): This rule also applies to its extensions and modifications.
p.(None): ARTICLE 1189.- Transmission by cause of death. Alienation of the locada thing. Except where otherwise agreed, the location:
p.(None): a) it is transmitted actively and passively because of death;
p.(None): b) it subsists for the agreed time, even if the located thing is alienated.
p.(None): 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
p.(None): 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
p.(None): Tenant ostensible family treatment during the year prior to abandonment or death.
p.(None): The right of the continuator in the location prevails over that of the heir of the tenant.
p.(None): 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
p.(None): express power.
p.(None): SECTION 2
p.(None): Object and destination
...

p.(None): 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
p.(None): 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
p.(None): giver's agreement in the corresponding records. The pertinent norms of the Pledge with Registration Law apply in this regard.
p.(None): ARTICLE 1237.- Opposability. Subrogation. The duly registered contract is enforceable against the creditors of the parties. The borrower's creditors can be subrogated in
p.(None): the rights of the latter to exercise the purchase option.
p.(None): 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
p.(None): 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
p.(None): policyholder's charge, unless otherwise agreed.
p.(None): 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
p.(None): prevent or limit in any way the rights of the giver.
p.(None): ARTICLE 1239.- Claim action. The sale or lien consented by the policy holder is unenforceable to the giver.
p.(None): 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
p.(None): subsection a), without prejudice to the responsibility of the policy holder.
p.(None): 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
p.(None): earlier if the parties so agreed.
p.(None): ARTICLE 1241.- Extension of the contract. The contract may provide for its extension at the policyholder's option and the conditions of its exercise.
p.(None): 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
p.(None): 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
p.(None): in question, for which purpose the parties must grant the documentation and carry out the other necessary acts.
p.(None): ARTICLE 1243.- Objective responsibility. The objective liability arising from article 1757 falls exclusively on the taker or guardian of the things given in
p.(None): leasing.
p.(None): ARTICLE 1244.- Cancellation of registration. Assumptions. The registration of the leasing on non-recordable furniture and software is canceled:
p.(None): a) by court order, issued in a process in which the giver had the opportunity to take due participation;
p.(None): b) at the request of the giver or its assignee.
p.(None): 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
p.(None): accredits:
p.(None): a) compliance with the requirements set forth in the contract entered to exercise the purchase option;
...

p.(None): 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.
p.(None): The services provided in a dependency relationship are governed by the rules of labor law.
p.(None): The provisions of this Chapter are integrated with the specific rules that may be applicable to specially regulated services or works.
p.(None): 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
p.(None): contract.
p.(None): ARTICLE 1254.- Cooperation of third parties. The contractor or service provider may use third parties to perform the service, except as provided or the
p.(None): 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
p.(None): responsibility for execution.
p.(None): ARTICLE 1255.- Price. The price is determined by the contract, the law, the uses or, failing that, by a judicial decision.
p.(None): Tariff laws cannot curtail the power of the parties to determine the price of works or services. When said price must be established
p.(None): 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
p.(None): 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
p.(None): retribution.
p.(None): 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.
p.(None): 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
p.(None): provided in article 1091.
p.(None): ARTICLE 1256.- Obligations of the contractor and the provider. The contractor or service provider is obliged to:
p.(None): 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
p.(None): corresponding to the activity carried out;
p.(None): b) inform the principal about the essential aspects of the fulfillment of the committed obligation;
p.(None): 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;
p.(None): 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
p.(None): provider should know;
p.(None): e) Execute the work or the service in the agreed time or, failing that, in which it reasonably corresponds according to its nature.
p.(None): ARTICLE 1257.- Obligations of the principal. The principal is obliged to:
p.(None): a) pay the remuneration;
p.(None): b) provide the contractor or the provider with the necessary collaboration, according to the characteristics of the work or service;
p.(None): c) receive the work if it was executed in accordance with the provisions of article 1256.
p.(None): 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
p.(None): I had to provide them.
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): leads to a notorious injustice.
p.(None): SECTION 2
p.(None): Special provisions for works
p.(None): ARTICLE 1262.- Contracting systems. The work can be contracted by lump sum adjustment, also called “global remuneration”, by unit of measure, by cost and
p.(None): 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
p.(None): 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
p.(None): elevation adjustment and that it is the contractor who supplies the materials.
p.(None): 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
p.(None): work and other direct or indirect expenses.
p.(None): ARTICLE 1264.- Variations of the agreed project. Whatever the contracting system, the contractor cannot vary the project already accepted without written authorization
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): the modification and its estimated cost.
p.(None): The principal may introduce variants to the project as long as they do not imply a substantial change in the nature of the work.
p.(None): ARTICLE 1265.- Differences in remuneration arising from authorized modifications. In the absence of agreement, the price differences arising from the authorized modifications
p.(None): in this Chapter they are established judicially.
p.(None): 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
p.(None): extinguished by any of the contracting parties that are the parties designated as the minimum limit, owing the benefits corresponding to the part
...

p.(None): 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
p.(None): the state of progress, the quality of the materials used and the work carried out.
p.(None): ARTICLE 1270.- Acceptance of the work. The work is considered accepted when the circumstances of article 747 are present.
p.(None): ARTICLE 1271.- Vices or defects and differences in quality. The rules on vices or defects apply to differences in the quality of the work.
p.(None): 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
p.(None): considered provisional and does not presume acceptance.
p.(None): 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:
p.(None): a) is free of liability for apparent defects;
p.(None): 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
p.(None): articles 1054 and concordant.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): provided by the contractor.
p.(None): ARTICLE 1274.- Extension of the responsibility for work in ruin or improper for its destination. The liability provided for in article 1273 extends concurrently:
p.(None): a) to any person who sells a work that they have built or have built if they make this activity their usual profession;
p.(None): b) any person who, although acting as agent of the owner of the work, fulfills a mission similar to that of a contractor;
p.(None): 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
p.(None): referred to the damaged work or any of its parts.
p.(None): 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
p.(None): accepted the work.
p.(None): ARTICLE 1276.- Nullity of the exclusion or limitation of liability clause. Any clause that dispenses or limits the liability foreseen for the damages that
p.(None): 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.
p.(None): ARTICLE 1277.- Complementary responsibilities. The builder, subcontractors, and professionals involved in a construction are required to observe
p.(None): administrative regulations and are responsible, even vis-à-vis third parties, for any damage caused by non-compliance with such provisions.
p.(None): SECTION 3
p.(None): Special rules for services
p.(None): ARTICLE 1278.- Applicable rules. The rules of Section 1 of this Chapter and those corresponding to the obligations to do are applicable to services.
p.(None): 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
p.(None): undetermined time. Either party may terminate the contract of indefinite duration; for this, you must give notice with reasonable anticipation.
p.(None): CHAPTER 7
p.(None): Transport
p.(None): SECTION 1
p.(None): General disposition
p.(None): 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,
p.(None): Call passenger or shipper, you are obliged to pay a price or freight.
p.(None): ARTICLE 1281.- Scope of application. Except as provided in special laws, the rules of this Chapter apply whatever the means used for the
p.(None): transport. Multimodal transportation is governed by special law.
p.(None): ARTICLE 1282.- Free transportation. Free transportation is not governed by the rules of this Chapter, unless it is carried out by a carrier that
p.(None): offers its services to the public in the course of its activity.
p.(None): 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
p.(None): 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
p.(None): regulations.
p.(None): 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.
p.(None): 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
p.(None): According to the uses of the place where the transport should start.
p.(None): 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
p.(None): 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
p.(None): prevents you from claiming the greatest damages caused by the delay.
...

p.(None): determine in terms of the total journey.
p.(None): SECTION 3
p.(None): Transport of things
p.(None): ARTICLE 1296.- Obligations of the shipper. The shipper must declare the contents of the cargo, identify the packages externally, present the cargo with packaging
p.(None): appropriate, indicate the destination and the recipient, and deliver the required documentation to the carrier.
p.(None): If special documents are required, the shipper must deliver them to the carrier at the same time as the things to be transported.
p.(None): 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
p.(None): the inaccuracy of the indications or the lack of delivery or the irregularity of the documentation.
p.(None): ARTICLE 1298.- Waybill. The carrier has the right to require the shipper to sign a document containing the indications set forth in the article
p.(None): 1296 and the stipulations agreed for transportation. Your issue imports receipt of cargo.
p.(None): 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
p.(None): copy of the consignment note and can be nominative, to order or to the bearer.
p.(None): 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.
p.(None): 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
p.(None): content of that.
p.(None): 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
p.(None): good faith. This document must be delivered to the carrier upon delivery by the carrier of the transported cargo.
p.(None): 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
p.(None): modify the instructions given to the carrier, with the obligation to reimburse the expenses and compensate the damages derived from that change.
p.(None): 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
p.(None): 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
p.(None): carrier.
p.(None): 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,
p.(None): expired the transport period, has required delivery to the carrier. However, the recipient cannot exercise such rights except against payment to the carrier of
p.(None): your transportation credits.
p.(None): 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
p.(None): contract or, failing that, by uses. If the shipper has issued a consignment note, it must be displayed and delivered to the carrier.
p.(None): 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.
...

p.(None): 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
p.(None): delivered or should have been delivered to the recipient.
p.(None): ARTICLE 1312.- Natural loss. In the transport of things that, by their nature, are subject to decrease in weight or measure during transport, the
p.(None): 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
p.(None): due to the nature of things or that, due to the circumstances of the case, it could not reach the proven magnitude.
p.(None): ARTICLE 1313.- Limitation of liability. Prohibition. Those who routinely perform transportation services cannot limit the liability rules
p.(None): precedents, except in the case of article 1310.
p.(None): ARTICLE 1314.- Checking things before delivery. The recipient has the right to have their cost checked before receipt of their
p.(None): identity and status. If there are losses or failures, the carrier must reimburse the expenses.
p.(None): 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,
p.(None): except intent.
p.(None): 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
p.(None): Extinct the actions derived from the contract, except fraud. Only the actions for partial loss or unrecognizable damage at the time of delivery, which
p.(None): must be deducted within five days of receipt.
p.(None): 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
p.(None): 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,
p.(None): as the case may be, and the reimbursement of additional expenses incurred.
p.(None): 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
p.(None): 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
p.(None): diligence in hiring the next carrier.
p.(None): ARTICLE 1318.- Representation in the successive transport. Each successive carrier has the right to state in the consignment note, or in a separate document,
p.(None): 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
p.(None): transported.
p.(None): CHAPTER 8
p.(None): Mandate
p.(None): ARTICLE 1319.- Definition. There is a mandate contract when a party agrees to perform one or more legal acts in the interest of another.
p.(None): 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,
p.(None): understands that it has tacitly conferred mandate. The execution of the mandate implies its acceptance even without an express declaration on it.
p.(None): ARTICLE 1320.- Representation. If the principal confers power to be represented, the provisions of articles 362 and following apply to him.
p.(None): 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
p.(None): modified in this Chapter.
p.(None): 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
p.(None): 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
p.(None): likewise the third party in the actions that the agent may exercise against the principal.
p.(None): 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
p.(None): applicable regulations, or use. In the absence of both, it must be determined by the judge.
p.(None): 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
p.(None): obligations or for accountability, except the action of restitution of what has become your advantage.
p.(None): ARTICLE 1324.- Obligations of the agent. The president is obliged to:
p.(None): 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
p.(None): 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;
p.(None): b) give immediate notice to the principal of any supervening circumstance that reasonably advises to deviate from the instructions received, requiring new
p.(None): instructions or ratification of the above, and adopt the indispensable and urgent measures;
p.(None): 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;
p.(None): 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;
p.(None): e) give notice to the principal of any value received by reason of the mandate, and make it available to him;
...

p.(None): Human or legal persons may act as brokers.
p.(None): ARTICLE 1347.- Obligations of the broker. The broker must:
p.(None): a) ensure the identity of the people involved in the businesses in which they mediate and their legal capacity to contract;
p.(None): b) propose the businesses with accuracy, precision and clarity, refraining from mentioning inaccurate assumptions that may mislead the parties;
p.(None): 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;
p.(None): d) maintain confidentiality of everything related to negotiations in which it intervenes, which must only yield upon judicial or public authority request
p.(None): competent;
p.(None): 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;
p.(None): f) keep samples of the products that are negotiated with their intervention, while the possibility of controversy on the quality of the delivered remains.
p.(None): ARTICLE 1348.- Prohibition. The runner is prohibited:
p.(None): a) to acquire by itself or through a person the effects whose negotiation has been entrusted to it;
p.(None): b) have any kind of participation or interest in the negotiation or in the goods included in it.
p.(None): ARTICLE 1349.- Guarantee and representation. The broker can:
p.(None): a) grant guarantee for obligations of one or both parties in the negotiation in which they act;
p.(None): b) receive from a party the commission to represent it in the execution of the business.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): collect commission from its respective principal.
p.(None): ARTICLE 1352.- Specific cases of obligation to pay the commission. Once the contract is concluded, the commission is due although:
p.(None): a) the contract is subject to a condition of termination and this is not fulfilled;
p.(None): b) the contract is not fulfilled, terminated, terminated or mediated;
p.(None): 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.
p.(None): ARTICLE 1353.- Specific cases in which the commission is not due. The commission is not due if the contract:
p.(None): a) it is subject to a suspensive condition and this is not fulfilled;
p.(None): 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.
p.(None): ARTICLE 1354.- Expenses. The broker is not entitled to reimbursement of expenses, even when the entrusted operation does not materialize, unless otherwise agreed.
p.(None): ARTICLE 1355.- Special rules. The rules of this Chapter do not hinder the application of the provisions of special laws and regulations.
p.(None): CHAPTER 11
p.(None): Deposit
p.(None): SECTION 1
p.(None): General disposition
p.(None): 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.
p.(None): 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
p.(None): custodian reasonable expenses incurred for custody and restitution.
p.(None): 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
p.(None): he can use things and must restore them, with their fruits, when required.
p.(None): 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
p.(None): all time, that you receive the deposited thing.
p.(None): 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
p.(None): contrary.
p.(None): 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
p.(None): for acts that cannot be delayed. These expenses and those of restitution are for the account of the depositor.
p.(None): ARTICLE 1361.- Place of restitution. The deposited thing must be returned to the place where it was to be guarded.
p.(None): ARTICLE 1362.- Modality of custody. If a specific way of custody was agreed and supervening circumstances require modifying it, the depositary may
p.(None): do so, giving immediate notice to the depositor.
p.(None): 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
...

p.(None): d) for the other causes arising from the regulations or the convention.
p.(None): 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
p.(None): expressed in different currencies.
p.(None): 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
p.(None): title with executive effectiveness. The document must be signed by two people, empowered by the bank by public deed, which must indicate:
p.(None): a) the day the account is closed;
p.(None): b) the balance as of that date;
p.(None): c) the means by which both circumstances were communicated to the account holder.
p.(None): The bank is responsible for the damage caused by the issue or improper use of said title.
p.(None): ARTICLE 1407.- Guarantees. The debit balance of the checking account can be guaranteed with a mortgage, pledge, bond or any other type of guarantee.
p.(None): 3rd paragraph
p.(None): Bank loan and discount
p.(None): 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
p.(None): return and payment of interest in the currency of the same species, as agreed.
p.(None): 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
p.(None): of the credit, in the currency of the same species, as agreed.
p.(None): 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
p.(None): against the third party the rights and actions derived from the title.
p.(None): 4th paragraph
p.(None): Credit opening
p.(None): 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,
p.(None): as agreed, to keep a money loan available to another person, within the agreed limit and for a fixed or indefinite time; if the
p.(None): duration of availability, it is considered indefinite.
p.(None): 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
p.(None): accredited are available during the term of the contract or until the expiration notice.
p.(None): 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
p.(None): borrower's obligation.
p.(None): 5th paragraph
p.(None): Safe box service
p.(None): 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
p.(None): 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
p.(None): own vice of things saved.
p.(None): ARTICLE 1414.- Limits. The clause that exempts the provider from liability is considered unwritten. The provider's liability limitation clause is valid
p.(None): 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.
p.(None): ARTICLE 1415.- Proof of content. The proof of the contents of the safe can be done by any means.
p.(None): ARTICLE 1416.- Plurality of users. If the users are two or more people, any of them, regardless, has the right to access the box.
p.(None): 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
p.(None): 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
p.(None): 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,
p.(None): 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
p.(None): 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
p.(None): payment of what is owed. The remaining assets must be judicially consigned by one of the channels provided for in this Code.
p.(None): 6th paragraph
p.(None): Custody of titles
p.(None): 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,
p.(None): 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
p.(None): Titles.
p.(None): 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.
p.(None): 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
p.(None): 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
...

p.(None): CHAPTER 14
p.(None): Contracts concluded in the stock market or commercial market
p.(None): 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
p.(None): 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
p.(None): difference; regulate derivative operations and contracts; set guarantees, margins and other securities; establish the daily or periodic determination of the positions of the
p.(None): 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
p.(None): the same parts and other aspects necessary for its operation.
p.(None): CHAPTER 15
p.(None): Current account
p.(None): ARTICLE 1430.- Definition. Current account is the contract by which two parties agree to register the reciprocal remittances that are made and
p.(None): 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
p.(None): turn out.
p.(None): ARTICLE 1431.- Content. All claims between the parties resulting from securities or contractual relationships subsequent to the contract are included in the account
p.(None): current, unless otherwise stipulated. Non-compensable or illiquid or litigating credits cannot be incorporated into a current account.
p.(None): ARTICLE 1432.- Deadlines. Except convention or use to the contrary, it is understood that:
p.(None): a) the periods are quarterly, the first being calculated from the date of conclusion of the contract;
p.(None): 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
p.(None): 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.
p.(None): is in progress when the notice is issued;
p.(None): 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
p.(None): 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;
p.(None): 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
p.(None): 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
p.(None): 1438, first paragraph.
p.(None): ARTICLE 1433.- Interest, commissions and expenses. Unless otherwise agreed, it is understood that:
p.(None): a) remittances accrue interest at the agreed rate or, failing that, at the use rate and in the absence thereof at the legal rate;
p.(None): b) the balance is considered productive capital of interests, applying the rate according to subsection a);
p.(None): c) the parties may agree to the capitalization of interests in terms shorter than one period;
p.(None): d) the commissions and expenses related to the registered operations are included in the account, as remittances.
p.(None): 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
p.(None): lent its previous acceptance.
p.(None): 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
p.(None): clause “except reserve”.
p.(None): 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
p.(None): 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
p.(None): actions against the debtor, insofar as the credit and its accessories remain unpaid.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): of the embargo, even when they have not been effectively entered in the accounts of the parties.
p.(None): The notified account holder must notify the other of the seizure by reliable means and is empowered to terminate the contract.
p.(None): 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.
p.(None): from which it derives. Declared ineffective, the credit must be removed from the account.
p.(None): 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
p.(None): ten days from receipt or from the convention or from the uses.
p.(None): Observations are resolved by the shortest procedure provided by local law.
p.(None): ARTICLE 1439.- Guarantees. The current account balance can be guaranteed with a mortgage, pledge, bond or any other guarantee.
p.(None): 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
p.(None): following cases:
p.(None): 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
p.(None): to local procedural regulations and can be obtained in a fictional way;
p.(None): 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
p.(None): 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.
p.(None): notification, the certification of accountant and the constancy of the scribe not to have received observations in time.
p.(None): ARTICLE 1441.- Termination of the contract. The following means of extinction of the current account contract are:
p.(None): a) bankruptcy, death or incapacity of any of the parties;
p.(None): b) the expiration of the term or the termination, as provided in article 1432;
p.(None): c) in the case provided for in article 1436;
p.(None): 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
p.(None): contract, unless otherwise agreed;
p.(None): e) for the other reasons provided in the contract or in particular laws.
p.(None): CHAPTER 16
p.(None): Associative contracts
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 1442.- Applicable rules. The provisions of this Chapter apply to any collaboration, organization or participatory contract, with an end community, that
p.(None): not be society.
p.(None): 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.
p.(None): The provisions on associative contracts or those of society do not apply to communions of real rights and to the hereditary indivision.
p.(None): 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
p.(None): 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
p.(None): contract.
p.(None): ARTICLE 1444.- Form. The contracts referred to in this Chapter are not subject to formal requirements.
p.(None): 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
p.(None): 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
p.(None): in the contract, or the norms of the following Sections of this Chapter.
p.(None): 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
p.(None): configure these contracts with other content.
p.(None): 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
p.(None): parts.
p.(None): SECTION 2
p.(None): Joint venture
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 1449.- Manager. Action and responsibility. Third parties acquire rights and assume obligations only with respect to the manager. His responsibility is
p.(None): unlimited. If more than one manager acts, they are jointly responsible.
p.(None): 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
p.(None): appearance of a common performance.
p.(None): 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
p.(None): 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.
...

p.(None): The group cannot exercise management functions over the activity of its members.
p.(None): 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
p.(None): 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
p.(None): defense of competition.
p.(None): The contract must contain:
p.(None): a) the purpose of the grouping;
p.(None): 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
p.(None): 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
p.(None): to be extended if there are garnishment creditors of the participants and they are not previously disinterested;
p.(None): c) the denomination, which is formed with a fantasy name integrated with the word “grouping”;
p.(None): 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
p.(None): 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
p.(None): minutes;
p.(None): 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;
p.(None): f) the obligations assumed by the participants, the contributions due to the operating common fund and the ways of financing the common activities;
p.(None): g) the participation that each contracting party must have in common activities and in their results;
p.(None): 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
p.(None): the participants and control their activity for the sole purpose of verifying compliance with the obligations assumed;
p.(None): i) cases of separation and exclusion;
p.(None): j) the admission requirements for new participants;
p.(None): k) sanctions for breach of obligations;
p.(None): 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
p.(None): authorized on behalf of the group required by the nature and importance of the common activity.
p.(None): 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,
p.(None): except contrary provision of the contract.
p.(None): 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
p.(None): 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.
p.(None): Meetings or consultations with participants should be held whenever required by an administrator or any of the participants.
p.(None): The contract cannot be modified without the unanimous consent of the participants.
p.(None): 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
p.(None): by resolution of the participants. The rules of the mandate apply.
p.(None): If there are several administrators, if nothing is said in the contract they can act interchangeably.
p.(None): ARTICLE 1458.- Operating common fund. The contributions of the participants and the assets acquired with them, constitute the common operating fund of the
p.(None): group. During the term established for its duration, the assets must be kept undivided, and the private creditors of the participants cannot assert their
p.(None): right on them.
p.(None): ARTICLE 1459.- Obligations. Solidarity. The participants respond unlimitedly and severally with respect to third parties for the obligations that their representatives assume
p.(None): on behalf of the grouping. The action is expedited after having unsuccessfully questioned the administrator of the grouping. The defendant for compliance
p.(None): of the obligation, he has the right to oppose the personal and common defenses that correspond to the group.
p.(None): 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
p.(None): participant, making it known to the third party at the time of binding.
p.(None): 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
p.(None): every year.
p.(None): 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
p.(None): the one that approves the accounts of the group.
p.(None): ARTICLE 1461.- Extinction. The grouping contract is terminated:
p.(None): a) by the decision of the participants;
p.(None): 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;
p.(None): c) by reducing the number of participants to one;
p.(None): 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;
p.(None): 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
p.(None): competition;
p.(None): f) for reasons specifically provided for in the contract.
p.(None): 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
p.(None): the others, if they habitually violate their obligations, disrupt the operation of the group or incur a serious breach.
p.(None): 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
p.(None): breach of compensation for damages.
p.(None): SECTION 4
...

p.(None): to carry out operations related to the economic activity of its members in order to improve or increase its results.
p.(None): ARTICLE 1471.- Exclusion of management or control function. The cooperation consortium cannot exercise management or control functions over the activity of its
p.(None): members.
p.(None): 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
p.(None): proportion fixed by the contract and, failing that, in equal parts.
p.(None): 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
p.(None): their representatives in the corresponding Public Registry
p.(None): ARTICLE 1474.- Content. The contract must contain:
p.(None): 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
p.(None): 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
p.(None): participation in the consortium;
p.(None): b) the purpose of the consortium;
p.(None): c) the term of the contract;
p.(None): d) the denomination, which is formed with a fantasy name integrated with the legend “Cooperation consortium”;
p.(None): 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;
p.(None): 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
p.(None): update or increase in your case;
p.(None): g) the obligations and rights agreed upon by the members;
p.(None): 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;
p.(None): i) the proportion in which the participants are responsible for the obligations assumed by the representatives on their behalf;
p.(None): 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
p.(None): 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,
p.(None): except that the constitution contract establishes another form of computation;
p.(None): 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,
p.(None): 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
p.(None): 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;
p.(None): l) the majorities necessary for the modification of the constitutive contract. In case of silence, unanimity is required;
p.(None): 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
p.(None): unanimity;
p.(None): n) sanctions for non-compliance by members and representatives;
...

p.(None): movements must be recorded in accounting books kept with the formalities established in the laws. A record book must be kept in which the
p.(None): corresponding to all the meetings that are held and the resolutions that are adopted.
p.(None): ARTICLE 1476.- Obligations and responsibility of the representative. The representative must keep the accounting books and prepare the statements of financial position.
p.(None): 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
p.(None): correspond.
p.(None): It is responsible for the consortium character being externalized in all actions.
p.(None): ARTICLE 1477.- Responsibility of the participants. The contract can establish the proportion in which each member responds for the obligations assumed on behalf
p.(None): of the consortium. In case of silence, all members are jointly and severally responsible.
p.(None): ARTICLE 1478.- Termination of the contract. The cooperation consortium contract is terminated by:
p.(None): a) the exhaustion of its object or the impossibility of executing it;
p.(None): b) the expiration of the established term;
p.(None): c) the unanimous decision of its members;
p.(None): d) the reduction to one of the number of members.
p.(None): 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
p.(None): it continues with the rest, except that it is impossible factually or legally.
p.(None): CHAPTER 17
p.(None): Agency
p.(None): 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
p.(None): preponent or entrepreneur, in a stable, continuous and independent way, without any labor relationship, through remuneration.
p.(None): The agent is an independent intermediary, does not assume the risk of the operations or represent the proponent.
p.(None): The contract must be implemented in writing.
p.(None): 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
p.(None): determined in the contract.
p.(None): ARTICLE 1481.- Relationship with various businessmen. The agent can contract his services with several entrepreneurs. However, it cannot accept operations from it
p.(None): business branch or in competition with one of its proponents, without express authorization.
p.(None): ARTICLE 1482.- Agent guarantee. The agent cannot become guarantor of the collection of the buyer presented to the entrepreneur, until the amount of the
p.(None): commission that may have been advanced or collected, by virtue of the operation concluded by the principal.
p.(None): ARTICLE 1483- Obligations of the agent. The agent's obligations are:
p.(None): a) look after the interests of the entrepreneur and act in good faith in the exercise of their activities;
p.(None): 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;
p.(None): 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;
p.(None): 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
p.(None): operations conclude;
p.(None): 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
p.(None): consequence of the promoted operations, although he has not concluded them, and transmit them immediately;
p.(None): f) independently record in their accounting the acts or operations related to each entrepreneur on whose behalf they act.
p.(None): ARTICLE 1484.- Obligations of the entrepreneur. The employer's obligations are:
p.(None): 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;
p.(None): b) make samples, catalogs, rates and other elements available and necessary available to the agent with sufficient notice and in the appropriate quantity.
p.(None): for the development of the agent's activities;
p.(None): c) pay the agreed remuneration;
p.(None): 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
p.(None): been transmitted;
p.(None): 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
p.(None): proposed business.
p.(None): 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
p.(None): 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
p.(None): no case can grant withdrawals or waits or consent agreements, withdrawals or bankruptcy, without express powers, of a special nature, in which
p.(None): 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.
p.(None): 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
p.(None): promoted and, where appropriate, concluded by the agent, in accordance with the uses and practices of the agent's place of action.
p.(None): 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
p.(None): 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:
p.(None): a) if there are operations concluded after the end of the agency contract;
p.(None): 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;
p.(None): 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
p.(None): zone or group, even if the agent does not promote it, except a special agreement and expressly to the contrary.
p.(None): 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.
p.(None): The commission must be paid to the agent within twenty business days from the total or partial payment of the price to the employer.
p.(None): 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
p.(None): remuneration, except rejection or reservation made by the latter within the term provided for in article 1484, paragraph d).
p.(None): 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,
p.(None): it is valid if it has been expressly agreed.
p.(None): ARTICLE 1490.- Expenses. Except where otherwise agreed, the agent is not entitled to reimbursement of expenses arising from the exercise of his activity.
p.(None): 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
p.(None): after the expiration of an agency contract with a specified term, it becomes an indefinite-term contract.
p.(None): ARTICLE 1492.- Prior notice. In indefinite agency contracts, either party can terminate it with notice.
p.(None): The notice period must be one month for each year the contract is in force.
p.(None): The end of the notice period must coincide with the end of the calendar month in which it operates.
p.(None): 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
p.(None): advance notice must be computed the limited duration that precedes it.
p.(None): The parties may provide for notice periods in excess of those established in this article.
p.(None): 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
p.(None): perceive in the period.
p.(None): ARTICLE 1494.- Resolution. Other causes. The agency contract is terminated by:
p.(None): a) death or disability of the agent;
p.(None): b) dissolution of the legal entity that concludes the contract, which does not derive from merger or division;
p.(None): c) firm bankruptcy of any of the parties;
p.(None): d) expiration of the term;
p.(None): 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
p.(None): with exact successive obligations;
p.(None): f) significant decrease in the agent's turnover.
p.(None): 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
p.(None): notice or declaration of the other party, without prejudice to the provisions of article 1492 for the case of undetermined time.
p.(None): In the case of subsection e) of article 1494, each party may directly terminate the contract.
p.(None): 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
p.(None): the notice period must not exceed two months, whatever the duration of the contract, even when the contract is for a specified period.
p.(None): 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
p.(None): causes substantial detriment to the agent's position. The indemnities of article 1497 and, where appropriate, those of article 1493 are due.
p.(None): 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
p.(None): 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
p.(None): East.
p.(None): In the event of the agent's death, that right corresponds to his heirs.
p.(None): 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
p.(None): value of those received by the agent during the last five years, or throughout the duration of the contract, if it is less.
p.(None): 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.
p.(None): ARTICLE 1498.- Compensation for customers. Exceptions. There is no right to compensation if:
p.(None): a) the employer terminates the contract due to default by the agent;
...

p.(None): indeterminate.
p.(None): 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
p.(None): Sold by him to third parties or acquired from the grantor, or also in fixed quantities or other forms agreed with the grantor.
p.(None): 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
p.(None): they must be paid by the grantor as agreed.
p.(None): ARTICLE 1508.- Termination of contracts for an undetermined time. If the concession contract is for an indefinite period:
p.(None): a) Articles 1492 and 1493 apply;
p.(None): 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
p.(None): existence at the end of the notice period, at the ordinary sale prices to dealers at the time of payment.
p.(None): ARTICLE 1509.- Resolution of the concession contract. Causal. Article 1494 applies to the concession contract.
p.(None): ARTICLE 1510.- Sub-dealers. Assignment of the contract. Except as otherwise agreed, the concessionaire may not designate sub-dealers, agents or intermediaries of
p.(None): sale, neither of the parties can assign the contract.
p.(None): ARTICLE 1511.- Application to other contracts. The rules of this Chapter apply to:
p.(None): a) contracts that grant the sale or commercialization of software or similar procedures;
p.(None): b) distribution contracts, as relevant.
p.(None): CHAPTER 19
p.(None): Franchise
p.(None): 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
p.(None): proven, intended to market certain goods or services under the trade name, emblem or brand of the franchisor, who provides a set of
p.(None): technical knowledge and the continuous provision of technical or commercial assistance, against a direct or indirect provision of the franchisee.
p.(None): The franchisor must be the exclusive owner of all the intellectual rights, trademarks, patents, trade names, copyrights and others included in the
p.(None): franchise system; or, where appropriate, be entitled to its use and transmission to the franchisee under the terms of the contract.
p.(None): The franchisor may not have a direct or indirect controlling share in the franchisee's business.
p.(None): ARTICLE 1513.- Definitions. For the purposes of contract interpretation, it is understood that:
p.(None): 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
p.(None): with the right to appoint sub-franchisees, the use of their brands and franchise system under specific considerations;
p.(None): b) development franchise is one under which the franchisor grants a franchisee named developer the right to open multiple franchise businesses
p.(None): 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
p.(None): 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
p.(None): sub-franchise, without the franchisor's consent;
...

p.(None): franchisor.
p.(None): ARTICLE 1514.- Obligations of the franchisor. The franchisor's obligations are:
p.(None): 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
p.(None): have operated long enough, at home or abroad;
p.(None): 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
p.(None): as apt to produce the effects of the franchised system;
p.(None): c) deliver to the franchisee an operations manual with the useful specifications to carry out the activity foreseen in the contract;
p.(None): d) provide technical assistance for the best operation of the franchise during the term of the contract;
p.(None): 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
p.(None): reasonable prices, according to local or international customs and uses;
p.(None): 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:
p.(None): 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
p.(None): the franchisor to make available to the franchisee, in its own time, the documentation and other elements necessary for that purpose;
p.(None): 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
p.(None): corresponding, through the channels admitted by procedural law, and to the extent that it allows.
p.(None): ARTICLE 1515.- Obligations of the franchisee. The minimum obligations of the franchisee are:
p.(None): 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
p.(None): fulfillment of its duty of technical assistance;
p.(None): b) provide the information that the franchisor reasonably requires for the development of the activity and facilitate the inspections that have been carried out
p.(None): agreed or that are appropriate to the purpose of the franchise;
p.(None): 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,
p.(None): second paragraph, and cooperate, where appropriate, in the protection of those rights;
p.(None): d) maintain the confidentiality of the reserved information that integrates the set of technical knowledge transmitted and ensure this confidentiality with respect to the
p.(None): people, dependent or not, to whom they must communicate for the development of activities. This obligation subsists after the expiration of the contract;
p.(None): e) fulfill the promised consideration, among which contributions can be agreed for the development of the market or technologies related to the
p.(None): franchise.
p.(None): ARTICLE 1516.- Term. Article 1506, first paragraph, applies. However, a shorter term can be agreed if it corresponds to special situations such as
...

p.(None): ARTICLE 1520.- Responsibility. The parties to the contract are independent, and there is no employment relationship between them. In consecuense:
p.(None): a) the franchisor is not liable for the franchisee's obligations, except as expressly provided otherwise;
p.(None): 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;
p.(None): c) The franchisor does not respond to the franchisee for the profitability of the franchise system.
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 1521.- Responsibility for defects in the system. The franchisor is liable for system design defects, which cause proven damage to the franchisee,
p.(None): not caused by gross negligence or fraud of the franchisee.
p.(None): ARTICLE 1522.- Termination of the contract. The termination of the franchise agreement is governed by the following rules:
p.(None): a) the contract is terminated by the death or incapacity of any of the parties;
p.(None): 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;
p.(None): 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;
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): concertation. In no case is invocation of just cause required. The lack of notice makes article 1493 applicable.
p.(None): 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
p.(None): cause, is valid up to a maximum period of one year and within a reasonable territory taking into account the circumstances.
p.(None): ARTICLE 1523.- Competition law. The franchise agreement, by itself, should not be considered a pact that limits, restricts or distorts competition.
p.(None): ARTICLE 1524.- Cases covered. The provisions of this Chapter apply, insofar as they are compatible, to industrial franchises and to relations between
p.(None): franchisor and main franchisee and between it and each of its sub-franchisees.
p.(None): CHAPTER 20
p.(None): Mutual
p.(None): ARTICLE 1525.- Concept. There is a loan agreement when the loan partner agrees to deliver to the customer, a certain quantity of consumables, and
p.(None): The latter undertakes to return the same quantity of things of the same quality and kind.
p.(None): 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
p.(None): restitution uncertain.
p.(None): 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
p.(None): fulfillment or termination of the contract.
p.(None): ARTICLE 1527.- Onerosity. The mutual is onerous, unless otherwise agreed.
p.(None): If the mutual is in money, the mutual owes the compensatory interest, which must be paid in the same borrowed currency.
p.(None): 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
p.(None): payment of accessories must be made on the day of the start of the period, unless otherwise agreed.
p.(None): 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.
p.(None): If the gratuitousness of the mutual has been agreed, the interest that the mutual has paid voluntarily is unrepeatable.
p.(None): The receipt of interest for a period, without condition or reservation, presumes the payment of the above.
p.(None): 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
p.(None): days of requesting the mutual, except what arises from the uses, and in the place established in article 874.
p.(None): 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
p.(None): the return of the totality of the loaned, plus its interests until the effective restitution.
p.(None): 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
p.(None): for obligations to give sums of money.
p.(None): 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
p.(None): borrowed if the mutual is free, it responds only if it knows the bad quality or the vice and does not warn the mutual.
p.(None): 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:
p.(None): 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;
p.(None): 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
p.(None): mutual property;
p.(None): c) the mutual must give the funds a specific destination.
p.(None): ARTICLE 1532.- Supplementary rules. The provisions regarding obligations to give sums of money or gender, as the case may be, apply to the mutual.
p.(None): CHAPTER 21
p.(None): Comodato
p.(None): 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
p.(None): the same thing received.
p.(None): 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
p.(None): things received.
p.(None): ARTICLE 1535.- Prohibitions. The following cannot contract:
p.(None): a) the tutors, curators and supports, with respect to the assets of the incapable or people with restricted capacity, under their representation;
p.(None): 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.
p.(None): ARTICLE 1536, - Obligations of the borrower. The borrower's obligations are:
p.(None): 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
p.(None): thing is found, or that which corresponds to its nature;
p.(None): b) pay the ordinary expenses of the thing and those made to use it;
p.(None): c) preserve the thing with prudence and diligence;
p.(None): 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
p.(None): of the borrower;
p.(None): 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.
p.(None): 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.
...

p.(None): 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.
p.(None): ARTICLE 1538.- Expenses. The borrower cannot request reimbursement of the ordinary expenses made to use the thing; nor can he retain it for what
p.(None): the borrower owes, even if it is due to extraordinary conservation costs.
p.(None): ARTICLE 1539.- Early refund. The borrower can demand the restitution of the thing before the expiration of the term:
p.(None): a) if you need it due to an unforeseen and urgent circumstance; or
p.(None): b) if the borrower uses it for a different destination than the one agreed upon, even if it does not damage it.
p.(None): ARTICLE 1540.- Obligations of the borrower. The borrower's obligations are:
p.(None): a) deliver the thing at the agreed time and place;
p.(None): b) allow the use of the thing during the agreed time;
p.(None): c) answer for the damages caused by the defects of the thing that hides the borrower;
p.(None): d) reimburse the extraordinary conservation expenses that the borrower makes, if he previously notifies them or if they are urgent.
p.(None): ARTICLE 1541.- Extinction of the loan. The loan is extinguished:
p.(None): a) by destruction of the thing. There is no real subrogation, nor is the borrower obliged to lend such a thing;
p.(None): b) due to the expiration of the term, whether or not the borrowed item has been used;
p.(None): c) by unilateral will of the borrower;
p.(None): 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.
p.(None): CHAPTER 22
p.(None): Donation
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 1542.- Concept. There is a donation when a party agrees to transfer one thing free to another, and the other accepts it.
p.(None): ARTICLE 1543.- Subsidiary application. The rules of this Chapter apply subsidiarily to other legal acts free of charge.
p.(None): 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
p.(None): content, by these in the free part and by those corresponding to the apparent nature of the act in the onerous part.
p.(None): 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
p.(None): donations. It must occur during the life of the donor and the recipient.
p.(None): ARTICLE 1546.- Donation under condition. Donations made under the condition precedent to produce effects from the death of the donor are prohibited.
p.(None): 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.
p.(None): 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.
p.(None): ARTICLE 1548.- Ability to donate. Only people who have full capacity to dispose of their property can donate. Emancipated minors
p.(None): They can do so with the limitation of subsection b) of Article 28.
p.(None): ARTICLE 1549.- Ability to accept donations. Accepting donations requires being able. If the donation is to an incapable person, the acceptance must be made
p.(None): by its legal representative; If the donation of the third party or the representative is charged, judicial authorization is required.
p.(None): ARTICLE 1550.- Tutors and curators. Guardians and conservators cannot receive donations from those who have been under their guardianship or conservatorship before accountability
p.(None): and payment of any sum that has been owed to them.
p.(None): 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.
p.(None): 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
p.(None): usufruct, or if it has other sufficient means for its subsistence.
p.(None): ARTICLE 1552.- Form. Donations of immovable property, of registrable movable property and of property must be made in public deed, under penalty of nullity.
p.(None): periodic or lifetime benefits.
p.(None): ARTICLE 1553.- Donations to the State. Donations to the State can be credited with administrative actions.
p.(None): ARTICLE 1554.- Manual donation. Donations of non-registrable personal property and bearer securities must be made in the tradition of the donated item.
p.(None): SECTION 2
p.(None): Effects
p.(None): ARTICLE 1555.- Delivery. The donor must deliver the thing since it has been defaulted. In case of default or default, only responds for intent.
p.(None): ARTICLE 1556.- Guarantee for eviction. The donor only responds for eviction in the following cases:
p.(None): a) if you have expressly assumed that obligation;
...

p.(None): 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
p.(None): 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
p.(None): pay the services received, respectively.
p.(None): 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.
p.(None): When the eviction is partial, the compensation is proportionally reduced.
p.(None): 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
p.(None): caused damages.
p.(None): ARTICLE 1559.- Maintenance obligation. Unless the donation is onerous, the grantee must provide food to the donor who has no means of subsistence. Can
p.(None): free yourself from that obligation by restoring the donated things or their value if you have disposed of them.
p.(None): SECTION 3
p.(None): Some donations in particular
p.(None): ARTICLE 1560.- Mutual donations. In mutual donations, the invalidity of one affects the other, but the ingratitude or non-compliance of the charges only
p.(None): harm the guilty grantee.
p.(None): ARTICLE 1561.- Remunerative donations. Remunerative donations are those made as a reward for services rendered to the donor by the grantee, appreciable
p.(None): 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.
p.(None): 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
p.(None): thing donated, or consisting of one or more benefits.
p.(None): 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
p.(None): donation for non-execution of the position.
p.(None): 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
p.(None): fulfillment of the charge, without prejudice to their rights against the grantee.
p.(None): 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
p.(None): alienated or has perished by his own. He is released if the thing has perished without his fault.
p.(None): It can also be removed from that responsibility by restoring the thing donated, or its value if it is impossible.
p.(None): ARTICLE 1564.- Scope of onerousness. Remunerative or chargeable donations are considered as acts for consideration insofar as they are limited to one
p.(None): 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
p.(None): of donations.
p.(None): 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
p.(None): precepts of this Code on the legitimate portion.
p.(None): SECTION 4
p.(None): Reversal and revocation
p.(None): 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,
p.(None): or the grantee, his spouse and his descendants, or the grantee without children, die before the donor.
p.(None): 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.
...

p.(None): that he must compensate the damages suffered by the one who gives credit or contracts trusting in such manifestations.
p.(None): ARTICLE 1582.- Commitment to maintain a certain situation. The commitment to maintain or generate a certain factual or legal situation is not
p.(None): Considered bail, but its breach generates responsibility of the liable.
p.(None): SECTION 2
p.(None): Effects between the guarantor and the creditor
p.(None): 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
p.(None): reach for a partial payment, the creditor can only sue the guarantor for the balance.
p.(None): ARTICLE 1584.- Exceptions to the benefit of excussion. The guarantor may not invoke the benefit of excuse if:
p.(None): a) the main debtor has filed for bankruptcy or its bankruptcy has been declared;
p.(None): b) the main debtor cannot be sued in the national territory or lacks assets in the Republic;
p.(None): c) the bond is judicial;
p.(None): d) the guarantor has waived the benefit.
p.(None): 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.
p.(None): The one who secures a guarantor enjoys the benefit of an excuse for him and the principal debtor.
p.(None): 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
p.(None): filed for bankruptcy or bankruptcy has been declared, unless otherwise agreed.
p.(None): 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
p.(None): waived.
p.(None): 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
p.(None): suitably summoned to intervene.
p.(None): 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.
p.(None): The division benefit is waivable.
p.(None): 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
p.(None): of excussion.
p.(None): 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
p.(None): governed by the provisions applicable to solidarity obligations.
p.(None): SECTION 3
p.(None): Effects between the debtor and the guarantor
p.(None): 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
p.(None): your interests from the day of payment and the damages you have suffered as a result of the deposit.
p.(None): ARTICLE 1593.- Notice. Defenses. The guarantor must notify the principal debtor of the payment he has made.
p.(None): 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
p.(None): knowledge of the payment made by the guarantor, he can only repeat against the creditor.
...

p.(None): SECTION 5
p.(None): Extinction of the deposit
p.(None): ARTICLE 1596.- Grounds of extinction. The deposit is extinguished for the following special reasons:
p.(None): 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
p.(None): bond;
p.(None): b) if the term for the fulfillment of the guaranteed obligation is extended, without the guarantor's consent;
p.(None): c) if five years elapse from the granting of the general bond to guarantee future obligations and these have not been born;
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): the surety.
p.(None): ARTICLE 1598.- Eviction. The eviction of what the creditor has received in payment from the debtor, does not revive the bond.
p.(None): CHAPTER 24
p.(None): Onerous life annuity contract
p.(None): 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
p.(None): pay a rent periodically to another, during the life of one or more existing human persons, designated in the contract.
p.(None): 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
p.(None): agreed by reason of another onerous business.
p.(None): ARTICLE 1601.- Form. The onerous life annuity contract must be executed in a public deed.
p.(None): 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
p.(None): equivalent in money at the time of each payment.
p.(None): 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
p.(None): each.
p.(None): 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
p.(None): whose life is taken into consideration for the duration of the contract.
p.(None): 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
p.(None): 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.
p.(None): The right to rent is transferable by acts inter vivos and by cause of death.
p.(None): 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
p.(None): debtor and capital restitution.
p.(None): In the same case, if the income is for the benefit of a third party, the provisions of article 1027 apply.
p.(None): 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
p.(None): get your payment. The provisions of article 1028 apply in subsidy.
p.(None): 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,
p.(None): for whatever reason. If there are several people, due to the death of the last one; Until this occurs, the income is fully earned.
p.(None): The clause authorizing the replacement of said person, or the incorporation of another with the same effect, is void.
p.(None): Proof of death corresponds to the debtor of the rent.
p.(None): 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
p.(None): heirs can demand the termination of the contract and only the capital must be returned.
p.(None): 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
p.(None): 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
p.(None): restitute benefits.
p.(None): CHAPTER 25
p.(None): Gambling and betting contracts
p.(None): 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
p.(None): pay a measurable asset in money to whoever wins.
...

p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): it is in bad faith, it also owes the difference between the real value of the assigned right and the price of the assignment.
p.(None): 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
p.(None): have agreed.
p.(None): The assignee can only appeal against the transferor after the debtor's assets have been removed, unless the debtor is bankrupt or bankrupt.
p.(None): 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
p.(None): following.
p.(None): SECTION 2
p.(None): Assignment of debts
p.(None): 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.
p.(None): If the creditor does not agree to release the debtor, the third party remains as a subsidiary co-debtor.
p.(None): 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.
p.(None): If the creditor does not agree to release the debtor, the assumption is considered rejected.
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): with the debtor, unless it has been agreed as a stipulation in favor of a third party.
p.(None): CHAPTER 27
p.(None): Assignment of the contractual position
p.(None): ARTICLE 1636.- Transmission. In contracts with outstanding benefits, either party may transmit its contractual position to a third party, if the other parties
p.(None): they consent to it before, simultaneously or after the transfer.
p.(None): 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.
p.(None): 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
p.(None): by the assignee.
p.(None): 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.
p.(None): 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
p.(None): responsibility.
p.(None): 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
p.(None): transferor, unless they have made an express reservation by consenting to the transfer.
p.(None): 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
p.(None): in writing if the nullity or non-existence is due to a fact attributable to the transferor.
p.(None): If the transferor guarantees the fulfillment of the obligations of the other contractors, it responds as guarantor.
p.(None): The rules on eviction in the transfer of rights in general apply.
p.(None): ARTICLE 1640.- Third-party guarantees. The guarantees constituted by third parties do not pass to the assignee without their express authorization.
p.(None): CHAPTER 28
p.(None): Transaction
p.(None): ARTICLE 1641.- Concept. The transaction is a contract by which the parties, to avoid litigation, or end it, making reciprocal concessions, extinguish
p.(None): dubious or litigious obligations.
p.(None): ARTICLE 1642.- Characters and effects. The transaction produces the effects of res judicata without the need for judicial approval. It is of restrictive interpretation.
p.(None): 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
p.(None): interested before the judge to process the case. As long as the instrument is not presented, the parties can withdraw from it.
p.(None): ARTICLE 1644.- Prohibitions. It cannot compromise on rights in which public order is compromised, nor on inalienable rights.
p.(None): Neither can the rights over family relations or the state of persons be subject to transaction, except in the case of derived patrimonial rights.
p.(None): of those, or of other rights on which, expressly, this Code admits to agree.
p.(None): 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
p.(None): relative, the parties know the vice, and deal with the nullity, the transaction is valid.
p.(None): ARTICLE 1646.- Subjects. They cannot make transactions:
p.(None): a) persons who cannot transfer the respective right;
p.(None): b) parents, guardians, or conservators regarding their management accounts, even with judicial authorization;
p.(None): c) the executors, regarding the rights and obligations conferred by the will, without the authorization of the succession judge.
p.(None): 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:
p.(None): a) if any of the parties invokes totally or partially nonexistent, or ineffective titles;
p.(None): b) if, when concluding it, one of the parties ignores that the right that transacts has a better title;
p.(None): c) if it is about a lawsuit already settled by final judgment, provided that the party challenging it has ignored it.
p.(None): ARTICLE 1648.- Arithmetic errors. Arithmetic errors do not hinder the validity of the transaction, but the parties have the right to obtain rectification.
p.(None): correspondent.
p.(None): CHAPTER 29
p.(None): Arbitration contract
p.(None): 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
p.(None): arisen or may arise between them regarding a certain legal relationship, contractual or non-contractual, of private law in which the
p.(None): public order.
p.(None): 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
p.(None): a statute or regulation.
p.(None): 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
p.(None): Reference implies that this clause is part of the contract.
p.(None): ARTICLE 1651.- Excluded controversies. The following matters are excluded from the arbitration contract:
p.(None): a) those that refer to the civil status or capacity of the people;
p.(None): b) family issues;
p.(None): c) those related to user and consumer rights;
p.(None): d) accession contracts whatever their purpose;
p.(None): e) those derived from labor relations.
p.(None): The provisions of this Code relating to the arbitration contract are not applicable to disputes to which the national or local States are party.
p.(None): 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.
p.(None): 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
p.(None): controversy according to equity, it must be understood that it is legal.
p.(None): 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,
p.(None): 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
p.(None): claims and allegations.
p.(None): ARTICLE 1654.- Competition. Except as otherwise provided, the arbitration contract gives arbitrators the power to decide on their own competence, including
p.(None): 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.
p.(None): ARTICLE 1655.- Dictation of previous measures. Except as otherwise provided, the arbitration contract gives arbitrators the power to adopt, at the request of any
p.(None): 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
p.(None): 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,
...

p.(None): 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
p.(None): of the final award that is contrary to the legal order.
p.(None): ARTICLE 1657.- Institutional arbitration. The parties may entrust the administration of the arbitration and the appointment of arbitrators to civil associations or other entities.
p.(None): nationals or foreigners whose statutes so provide. The arbitration regulations of the administering entities govern the entire arbitration process and integrate the
p.(None): arbitration.
p.(None): ARTICLE 1658.- Optional clauses. It can be agreed:
p.(None): a) the seat of the arbitration;
p.(None): b) the language in which the procedure is to be carried out;
p.(None): 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;
p.(None): 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
p.(None): defect that establishes the right of the headquarters;
p.(None): e) the confidentiality of the arbitration;
p.(None): f) the way in which the arbitration costs must be distributed or supported.
p.(None): 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
p.(None): three. The parties may freely agree on the procedure for the appointment of the arbitrator or arbitrators.
p.(None): In the absence of such an agreement:
p.(None): 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
p.(None): 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
p.(None): 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;
p.(None): 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
p.(None): parties, by the entity administering the arbitration or, failing that, by the judicial court.
p.(None): 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
p.(None): arbitration, or failing that, the court must appoint the arbitrator or arbitrators.
p.(None): ARTICLE 1660.- Qualities of the arbitrators. Any person with full civil capacity may act as arbitrator. The parties may stipulate that the arbitrators meet
p.(None): certain conditions of nationality, profession or experience.
p.(None): ARTICLE 1661.- Nullity. The clause that gives a party a privileged situation regarding the appointment of arbitrators is void.
p.(None): ARTICLE 1662.- Obligations of the arbitrators. The arbitrator who accepts the charge enters into a contract with each of the parties and agrees to:
p.(None): a) disclose any circumstance prior to acceptance or that arises subsequently that may affect their independence and impartiality;
p.(None): 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;
p.(None): c) respect the confidentiality of the procedure;
p.(None): d) have sufficient time to diligently attend the arbitration;
p.(None): e) personally participate in the hearings;
p.(None): f) deliberate with the other arbitrators;
p.(None): g) issue the reasoned award and within the established term.
p.(None): 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.
p.(None): to assert your rights.
p.(None): 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
p.(None): 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
p.(None): other arbitrators.
p.(None): 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
p.(None): made by the judicial court according to local rules applicable to the extrajudicial activity of lawyers.
p.(None): 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,
p.(None): except for the issuance of explanatory or complementary resolutions in accordance with what the parties have stipulated or the provisions of the headquarters law.
p.(None): CHAPTER 30
p.(None): Escrow contract
p.(None): SECTION 1
p.(None): General disposition
p.(None): 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
p.(None): 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
p.(None): condition to the trustee.
p.(None): ARTICLE 1667.- Content. The contract must contain:
p.(None): 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
p.(None): description of the requirements and characteristics that the assets must meet;
p.(None): b) the determination of the way in which other assets can be incorporated into the trust, if applicable;
p.(None): c) the term or condition to which the fiduciary property is subject;
p.(None): d) the identification of the beneficiary, or the way to determine it in accordance with article 1671;
p.(None): 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
p.(None): 1672;
p.(None): f) the rights and obligations of the fiduciary and the way to replace it, if it ceases.
p.(None): 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
p.(None): 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.
...

p.(None): ARTICLE 1678.- Cessation of the trustee. The trustee is terminated by:
p.(None): 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
p.(None): at the request of the beneficiary or the trustee, with summons from the trustor;
p.(None): b) judicially declared incapacity, disqualification and restricted capacity, and death, if it is a human person;
p.(None): 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;
p.(None): d) bankruptcy or liquidation;
p.(None): 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
p.(None): after the transfer of the property subject to the trust to the substitute trustee.
p.(None): 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
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): heritage protection measures, if there is danger in delay.
p.(None): If the appointment of the new trustee is made with judicial intervention, the trustee must be heard.
p.(None): The trust assets must be transferred to the new trustee. If they are registrable, the authenticated judicial, notarial or private instrument, in the
p.(None): for the record the appointment of the new trustee. Proof of reason may also be requested by the new trustee.
p.(None): 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,
p.(None): 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
p.(None): 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
p.(None): obtain the highest possible value of the goods.
p.(None): 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
p.(None): quality of such.
p.(None): Acceptance is presumed when they intervene in the trust agreement, when they perform acts that unequivocally imply it or are holders of certificates of
p.(None): participation or debt securities in financial trusts.
p.(None): 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
p.(None): request the judge to require it without other substantiation, establishing for this purpose the most appropriate method of notification to the interested party.
p.(None): 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
p.(None): in fraud of their interests, without prejudice to the rights of interested third parties in good faith.
p.(None): SECTION 3
p.(None): Effects
p.(None): ARTICLE 1682.- Fiduciary property. Fiduciary property is constituted on the trust assets, governed by the provisions of this Chapter and by which
p.(None): correspond to the nature of the goods.
p.(None): 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
p.(None): according to the nature of the respective assets.
p.(None): ARTICLE 1684.- Registration. Incorporated goods. In the case of recordable assets, the corresponding records must take into account the fiduciary quality of the
p.(None): property in the name of the trustee.
p.(None): 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.
p.(None): 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
p.(None): relevant.
p.(None): ARTICLE 1685.- Separate assets. Insurance. The trust assets constitute an equity separate from the assets of the trustee, the trustor, the beneficiary and the
p.(None): trustee.
...

p.(None): The maximum term provided for in article 1668 is computed from the death of the trustor.
p.(None): 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
p.(None): transmitted only upon death to another trustee of current or future existence.
p.(None): CHAPTER 31
p.(None): Fiduciary domain
p.(None): 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
p.(None): 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.
p.(None): 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.
p.(None): Titles I and III of the Fourth Book of this Code.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): the agreed contractual provisions.
p.(None): 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
p.(None): the purposes of the trust and the agreed contractual provisions, and that the third party acquirer lacks good faith and onerous title.
p.(None): 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
p.(None): 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
p.(None): constitutive, is required for the purpose of its enforceability.
p.(None): 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.
p.(None): If the extinction is retroactive, the perfect owner re-acquires the free domain of all the legal acts performed.
p.(None): TITLE V
p.(None): Other sources of obligations
p.(None): CHAPTER 1
p.(None): Civil liability
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 1708.- Responsibility functions. The provisions of this Title are applicable to the prevention of damage and its repair.
p.(None): 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
p.(None): applicable, in the following order of priority:
p.(None): a) the unavailable norms of this Code and the special law;
p.(None): b) the autonomy of the will;
p.(None): c) the supplementary norms of the special law;
p.(None): d) the supplementary rules of this Code.
p.(None): SECTION 2
p.(None): Preventive function and excessive puncture
p.(None): ARTICLE 1710.- Duty to prevent damage. Every person has a duty, as far as he depends, to:
p.(None): a) avoid causing unwarranted harm;
p.(None): 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
p.(None): 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
p.(None): of enrichment without cause;
p.(None): c) not aggravate the damage, if it has already occurred.
p.(None): ARTICLE 1711.- Preventive action. Preventive action proceeds when an unlawful act or omission makes it foreseeable the production of a damage, its continuation or
p.(None): aggravation. The concurrence of any attribution factor is not required.
p.(None): ARTICLE 1712.- Legitimation. Those who demonstrate a reasonable interest in the prevention of damage are entitled to claim.
p.(None): 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,
p.(None): 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.
p.(None): ARTICLE 1714.- Excessive punishment. If the application of pecuniary administrative, criminal or civil convictions in relation to a fact provokes an unreasonable punishment or
p.(None): excessive, the judge must compute it in order to prudently set its amount.
p.(None): ARTICLE 1715.- Powers of the judge. In the case provided for in article 1714, the judge may withdraw the measure, totally or partially.
p.(None): SECTION 3
p.(None): Compensatory function
p.(None): 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
p.(None): the provisions of this Code.
p.(None): ARTICLE 1717.- Unlawfulness. Any action or omission that causes harm to another is unlawful if not justified.
p.(None): ARTICLE 1718.- Legitimate defense, state of necessity and regular exercise of a right. The fact that causes damage is justified:
p.(None): a) in the regular exercise of a right;
p.(None): 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
p.(None): illegitimate aggressor and suffers damages as a result of an act carried out in legitimate defense, has the right to obtain full reparation;
p.(None): 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
p.(None): 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
p.(None): consider equitable.
p.(None): ARTICLE 1719.- Assumption of risks. Voluntary exposure by the victim to a dangerous situation does not justify the harmful event or exempt from liability
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): obtained.
p.(None): 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
p.(None): constitutes an abusive clause, releases liability for damages resulting from the injury of available property.
p.(None): 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
p.(None): attribution is to blame.
...

p.(None): ARTICLE 1726.- Causal relationship. The harmful consequences that have an adequate causal link with the fact causing the damage are repairable. Except provision
p.(None): to the contrary, the immediate consequences and the foreseeable mediates are compensated.
p.(None): 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
p.(None): Code "immediate consequences". The consequences that only result from the connection of a fact with a different event are called "consequences
p.(None): mediates ”. The mediate consequences that cannot be foreseen are called “accidental consequences”.
p.(None): ARTICLE 1728.- Contract predictability. Contracts are liable for the consequences that the parties foresaw or could have foreseen at the time of their
p.(None): celebration. When there is fraud of the debtor, the liability is fixed taking into account these consequences also at the time of default.
p.(None): 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
p.(None): The law or the contract provide that it must be your fault, your fraud, or any other special circumstance.
p.(None): 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
p.(None): be avoided. The fortuitous event or force majeure exempts from liability, except as otherwise provided.
p.(None): This Code uses the terms “fortuitous event” and “force majeure” as synonyms.
p.(None): 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
p.(None): of the fortuitous case.
p.(None): 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
p.(None): 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
p.(None): and the prohibition of the abusive exercise of rights.
p.(None): 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
p.(None): responsible in the following cases:
p.(None): a) if it has assumed compliance even if a fortuitous event or an impossibility occurs;
p.(None): b) if a legal provision results that it is not released due to an unforeseen event or impossibility of compliance;
p.(None): c) if it is in default, unless it is indifferent to the production of the fortuitous event or the impossibility of compliance;
p.(None): d) if the fortuitous event or the impossibility of compliance arise due to their fault;
p.(None): 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;
p.(None): f) if you are obliged to return as a consequence of an unlawful act.
p.(None): ARTICLE 1734.- Proof of attribution factors and exemptions. Except legal provision, the burden of proof of attribution factors and circumstances
p.(None): exemptions corresponds to those who allege them.
...

p.(None): SECTION 4
p.(None): Compensable damage
p.(None): 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
p.(None): heritage, or a right of collective incidence.
p.(None): 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
p.(None): 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
p.(None): victim of his personal integrity, his psychophysical health, his legitimate spiritual affections and those that result from interference in his life project.
p.(None): 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
p.(None): compensable insofar as its contingency is reasonable and maintains an adequate causal relationship with the generating event.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): publication of the judgment, or its relevant parts, at the expense of the person responsible.
p.(None): ARTICLE 1741.- Compensation for non-patrimonial consequences. The victim is entitled to claim compensation for non-patrimonial consequences
p.(None): 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
p.(None): spouse and those who lived with him receiving ostensible family treatment.
p.(None): The action is only transmitted to the universal successors of the legitimized if it is filed by the latter.
p.(None): The amount of the compensation must be fixed by weighing the substitute and compensatory satisfactions that the recognized amounts can provide.
p.(None): 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
p.(None): victim's personnel and the circumstances of the fact. This power is not applicable in case of intent of the person in charge.
p.(None): ARTICLE 1743.- Advance waiver of responsibility. Clauses that exempt or limit the obligation to indemnify when they affect rights are invalid.
p.(None): 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,
p.(None): of the damage suffered by fraud of the debtor or of the persons for whom he must respond.
...

p.(None): constitutes the crime and the guilt of the convicted person.
p.(None): 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
p.(None): person responsible did not participate, these circumstances cannot be discussed in the civil process.
p.(None): 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
p.(None): the same fact as a generator of civil liability.
p.(None): ARTICLE 1778.- Absolutory excuses. Criminal acquittals do not affect civil action, except as otherwise expressly provided by law.
p.(None): ARTICLE 1779.- Impediment to repair the damage. They prevent the repair of damage:
p.(None): a) proof of the truth of the reputed slanderous fact;
p.(None): 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.
p.(None): 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
p.(None): proceeds exclusively, and at the request of an interested party, in the following cases:
p.(None): 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
p.(None): change in legislation;
p.(None): 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
p.(None): civil conviction, or for not being its author;
p.(None): c) other cases provided by law.
p.(None): EPISODE 2
p.(None): Business management
p.(None): 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
p.(None): do a liberality and without being authorized or obligated, conventionally or legally.
p.(None): ARTICLE 1782.- Obligations of the manager. The manager is obliged to:
p.(None): a) promptly notify the business owner who took over the management, and await their response, provided that waiting for it is not harmful;
p.(None): b) act in accordance with the convenience and the intention, real or presumed, of the business owner;
p.(None): c) continue management until the business owner has the possibility to assume it for himself or, where appropriate, until it is concluded;
p.(None): D) provide adequate information regarding business management owner;
p.(None): e) once the management is completed, render accounts to the business owner.
p.(None): ARTICLE 1783.- Conclusion of the management. Management concludes:
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p.(None): c) if you postpone the interest of the business owner against yours;
p.(None): d) if he does not have the necessary skills for the business, or his intervention prevents that of another more suitable person.
p.(None): ARTICLE 1788.- Joint and several liability. They are jointly responsible:
p.(None): a) the managers who jointly assume the foreign business;
p.(None): b) the various business owners, in front of the manager.
p.(None): 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
p.(None): of the manager or if the management is usefully conducted.
p.(None): ARTICLE 1790.- Application of the rules of the mandate. The mandate rules are applied supplementally to business management.
p.(None): 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
p.(None): where it started.
p.(None): CHAPTER 3
p.(None): Useful employment
p.(None): 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
p.(None): reimbursed its value, as soon as it has been useful, even if later it ends.
p.(None): The reimbursement includes interest, from the date the expense is made.
p.(None): ARTICLE 1792.- Funeral expenses. Funeral expenses are included in article 1791 that have a reasonable relation with the circumstances of the person and the
p.(None): uses of the place.
p.(None): ARTICLE 1793.- Obliged to reimbursement. The creditor has the right to demand repayment:
p.(None): a) who receives the utility;
p.(None): b) the heirs of the deceased, in the case of funeral expenses;
p.(None): 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.
p.(None): CHAPTER 4
p.(None): Enrichment without cause
p.(None): SECTION 1
p.(None): General disposition
p.(None): 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
p.(None): patrimonial detriment of the impoverished.
p.(None): 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.
p.(None): 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
p.(None): impoverishment suffered.
p.(None): SECTION 2
p.(None): Improper payment
p.(None): ARTICLE 1796.- Cases. Payment is repeatable, if:
p.(None): 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
p.(None): produce;
p.(None): b) who pays is not obligated, or is not within the scope in which he pays, unless he does so as a third party;
p.(None): c) the payment is received by the non-creditor, unless it is delivered as liberality;
p.(None): d) the cause of payment is unlawful or immoral;
p.(None): e) payment is obtained by illegal means.
p.(None): ARTICLE 1797.- Irrelevance of the error. The repetition of the payment is not subject to having been made in error.
p.(None): ARTICLE 1798.- Reach scope. The repetition forces to return the received, according to the rules of the obligations to give to return.
p.(None): ARTICLE 1799.- Special situations. In particular:
p.(None): a) the restitution in charge of an incapable person or with restricted capacity cannot exceed the profit that has been obtained;
p.(None): 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
p.(None): legal subrogation in the rights of the former;
p.(None): 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
p.(None): destiny than vacant inheritances.
p.(None): CHAPTER 5
p.(None): Unilateral declaration of will
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 1800.- General rule. The unilateral declaration of will causes a legally enforceable obligation in the cases provided by law or by uses and
p.(None): custom. The rules relating to contracts apply to it subsidiarily.
p.(None): ARTICLE 1801.- Recognition and promise of payment. The promise to pay an obligation made unilaterally assumes the existence of a valid source,
p.(None): unless proven otherwise. Article 733 applies for recognition.
p.(None): 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
p.(None): unilateral declarations of will. In these cases any particular kind of instrument can be used.
p.(None): SECTION 2
p.(None): Public promise of reward
p.(None): 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,
p.(None): meets certain requirements or is in a certain situation, is bound by that promise from the moment it becomes known to the public.
p.(None): 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
p.(None): communicates to the promisor the occurrence of the event or the expected situation.
p.(None): 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
...

p.(None): union, economic or social position, or based on other illegal discrimination.
p.(None): 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
p.(None): 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
p.(None): calls to contest.
p.(None): SECTION 4
p.(None): Unilateral guarantees
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): may have, even if it maintains the right of repetition against the beneficiary, the payer or both.
p.(None): The payment empowers the promotion of the corresponding recursive actions.
p.(None): 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
p.(None): set an adequate bond that the beneficiary must meet before collection.
p.(None): ARTICLE 1811.- Subjects. They can issue this kind of guarantees:
p.(None): a) public persons;
p.(None): b) private legal entities in which their partners, founders or members do not respond unlimitedly;
p.(None): 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
p.(None): they.
p.(None): ARTICLE 1812.- Form. The guarantees provided for in this Section must appear in a public or private instrument.
p.(None): If they are granted by financial entities or insurance companies, they can also be assumed in any particular type of instrument.
p.(None): 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
p.(None): guarantee is functionally linked, before the breach occurs or the term that enables the claim against the issuer, unless otherwise agreed.
p.(None): 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
p.(None): to the detriment of this, the assignee is linked to any repetition actions that may correspond against the beneficiary according to the guarantee.
p.(None): ARTICLE 1814.- Irrevocability. The unilateral guarantee is irrevocable unless it is provided in the act of its creation that it is revocable.
p.(None): CHAPTER 6
p.(None): Securities
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 1815.- Concept. The securities incorporate an unconditional and irrevocable obligation of a benefit and grant each holder an autonomous right, subject to
p.(None): the provisions of article 1816.
p.(None): When mention is made in this Code of recordable goods or movable items, the securities are not understood.
p.(None): 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
p.(None): the personal defenses that may exist against previous carriers.
...

p.(None): signature or the mandatory declaration is consented or assumed as its own or that the performance of the representative is ratified;
p.(None): d) those derived from the lack of legitimacy of the bearer;
p.(None): e) the alteration of the text of the title or, where appropriate, of the text inscribed according to article 1850;
p.(None): f) those of prescription or expiration;
p.(None): g) those based on the cancellation of the security or the suspension of its payment ordered in accordance with the provisions of this Chapter;
p.(None): h) those of a procedural nature established by the respective laws.
p.(None): ARTICLE 1822.- Precautionary measures. The precautionary measures, kidnapping, liens and any other affectation of the right conferred by the security, have no effect.
p.(None): if not carried out:
p.(None): a) in bearer, order or endorsable securities, on the same document;
p.(None): b) in the non-endorsable nominative titles, and in the non-endorsed ones, by their inscription in the respective registry;
p.(None): 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
p.(None): pertinent, which must register it in accordance with its regulations.
p.(None): 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
p.(None): By signing, the obligations of the other subscribers are valid, and the provisions of article 1819 apply.
p.(None): 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
p.(None): 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
p.(None): public offering regime.
p.(None): ARTICLE 1825.- Non-existent or insufficient representation. Whoever invokes a non-existent representation or acts without sufficient powers, is personally responsible
p.(None): as if acting on his own behalf. The same responsibility is held by those who falsify the signature incorporated into a security.
p.(None): 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
p.(None): the creators of the security are obliged to pay, but not the other participants.
p.(None): 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
p.(None): 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
p.(None): forced.
p.(None): 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
p.(None): 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.
p.(None): If the bearer has lost the shares emerging from the security and has no causal action, the provisions on enrichment without cause apply.
p.(None): 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
...

p.(None): 2nd paragraph
p.(None): Securities to order
p.(None): 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
p.(None): by endorsement.
p.(None): 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,
p.(None): and has the effects of the assignment.
p.(None): 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
p.(None): endorsement even without mention of the endorser, or with the indication “to the bearer”.
p.(None): 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
p.(None): again the title value.
p.(None): ARTICLE 1840.- Condition and partial endorsement. Any condition attached to the endorsement is deemed not to be written. The partial endorsement is void.
p.(None): ARTICLE 1841.- Endorsement time. The endorsement can be made at any time before expiration. The undated endorsement is presumed made before
p.(None): expiration.
p.(None): The endorsement after maturity produces the effects of a transfer of rights.
p.(None): ARTICLE 1842.- Legitimation. The bearer of a title to order is legitimized to exercise the right incorporated therein, by an uninterrupted series of endorsements
p.(None): formally valid, even if the last one is blank.
p.(None): 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
p.(None): title, or transmit it to a third party without filling the endorsement or without extending a new one.
p.(None): 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
p.(None): rights inherent to the security, but can only endorse it in procurement.
p.(None): Obliged parties can only oppose the endorser in procurement the exceptions that may be opposed to the endorser.
p.(None): The effectiveness of the endorsement in procurement does not cease due to death or supervening incapacity of the endorser.
p.(None): 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
p.(None): inherent in the security, but the endorsement made by it is worth as an endorsement in procurement.
p.(None): 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
p.(None): knowingly done to the detriment of that one.
p.(None): ARTICLE 1846.- Responsibility. Except for an express clause, the endorser is responsible for the fulfillment of the incorporated obligation.
p.(None): In any case, the endorser can totally or partially exclude his responsibility by means of an express clause.
p.(None): 3rd paragraph
p.(None): Endorsable registered securities
p.(None): 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
p.(None): effects with respect to the issuer and third parties when registering in the respective registry.
p.(None): The endorser who justifies his right by an uninterrupted series of endorsements is entitled to request the registration of his title.
...

p.(None): ARTICLE 1848.- Applicable rules. The compatible provisions of the securities to order are applicable to endorsable registered securities.
p.(None): 4th paragraph
p.(None): Non-endorsable registered securities
p.(None): 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
p.(None): third parties when registering in the respective registry.
p.(None): SECTION 3
p.(None): Non-cardboard securities
p.(None): ARTICLE 1850.- Regime. When by legal provision or when an express declaration of will to be bound
p.(None): 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
p.(None): article 1820.
p.(None): The transmission or constitution of real rights over the security, liens, kidnappings, precautionary measures and any other affectation of the rights conferred
p.(None): 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
p.(None): authorized or a notary public of registry, moment from which the affectation produces effects in front of third parties.
p.(None): 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
p.(None): 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.
p.(None): The provisions of articles 1816 and 1819 apply with respect to the third party acquiring the security.
p.(None): ARTICLE 1851.- Proof of balances. The entity that maintains the registry must issue proof of account balances, for the purposes of:
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): circumstances;
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): people who were legitimized by issuing the original vouchers;
p.(None): c) the purposes deemed necessary by the owner to his order.
p.(None): In the cases of subsections a) and b) a voucher cannot be issued while another issued for the same purpose is in force.
p.(None): Vouchers of the securities represented in global certificates can be issued in favor of the people who have a participation in them, to the
...

p.(None): official bank. Failing that, the issuer determines it among the currents in the market, without liability.
p.(None): 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
p.(None): 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
p.(None): court order to the contrary.
p.(None): 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.
p.(None): local.
p.(None): 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
p.(None): established procedures, the judge can authorize, under the bond he deems appropriate, the exercise of these rights and the receipt of the relevant benefits.
p.(None): Regarding monetary benefits, the common rules of this Section apply.
p.(None): 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
p.(None): 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
p.(None): while the provisional certificate is in force.
p.(None): 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
p.(None): its circulation law, the issuer must immediately notify the complainant reliably. The effects provided by article 1865, as well as those of article 1863,
p.(None): second and third paragraphs, are suspended from the presentation until the competent judge rules. The complainant must initiate legal action within the
p.(None): two months from notification by the issuer; otherwise, your right regarding the security expires.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): When it has been delivered after the publications or communications, you can directly claim from the issuer:
p.(None): a) lifting the suspension of the effects of the securities;
p.(None): b) the cancellation of the provisional certificate that has been delivered to the complainant;
p.(None): c) the delivery of the credits that have been deposited in accordance with article 1863.
p.(None): 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
p.(None): intent or fault, have made possible or contributed to the loss of their right.
p.(None): ARTICLE 1868.- Rejection of opposition. Any opposition raised against a stock market regarding the title received from
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p.(None): 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
p.(None): the respective bulletins. If the securities have been publicly placed or negotiated abroad, the judge must order the publications or communications that
p.(None): deem appropriate.
p.(None): ARTICLE 1878.- Procedure. The presentations are made before the expert accountant appointed by the judge. The credit verification procedure is applied in the
p.(None): contests, including regarding the effects of resolutions, appeals and late submissions.
p.(None): 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.
p.(None): 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.
p.(None): ARTICLE 1880.- Exercise of rights. The judge can grant the presenters the precautionary exercise of the emerging rights of the securities before the
p.(None): 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
p.(None): 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
p.(None): of patrimonial content that are demandable.
p.(None): 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
p.(None): 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
p.(None): adequate protection of those who are holders of rights over registered securities. It may also order the suspension of the holding of assemblies,
p.(None): when exceptional circumstances so advise.
p.(None): BOOK FOUR
p.(None): REAL RIGHTS
p.(None): TITLE I
p.(None): General disposition
p.(None): CHAPTER 1
p.(None): Common principles
p.(None): 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
p.(None): the powers of persecution and preference, and the others provided for in this Code.
p.(None): 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.
p.(None): The object may also consist of a property specifically specified by law.
p.(None): ARTICLE 1884.- Structure. The regulation of real rights in terms of its elements, content, acquisition, constitution, modification, transmission, duration and
p.(None): 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.
p.(None): 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.
p.(None): 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
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p.(None): 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
p.(None): 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
p.(None): cases, either by the same that causes the vice or by its agents, either against the owner or his representatives.
p.(None): EPISODE 2
p.(None): Acquisition, exercise, conservation and extinction
p.(None): ARTICLE 1922.- Acquisition of power. To acquire a relationship of power over a thing, it must be established voluntarily:
p.(None): a) by capable subject, except minors, for whom it is sufficient that they are ten years old;
p.(None): b) by means of contact with the thing, the physical possibility of establishing it, or when it enters into the custody of the acquirer.
p.(None): 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,
p.(None): 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
p.(None): 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
p.(None): representative of the new owner. Possession is also acquired by the empowerment of the thing.
p.(None): 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
p.(None): 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
p.(None): from him to receive it.
p.(None): 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
p.(None): 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
p.(None): transport them, if the purchaser approves the shipment.
p.(None): 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
p.(None): any opposition.
p.(None): 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
p.(None): the same name, like a herd or herd, covers only the individual parts that comprise the thing.
p.(None): ARTICLE 1928.- Possession acts. The following constitute possessory acts on the thing: its culture, perception of fruits, marking or impression of signs
p.(None): materials, improvement, exclusion of third parties and, in general, their empowerment by any means obtained.
p.(None): ARTICLE 1929.- Conservation. The power relationship remains until its extinction, although its exercise is impeded by some transitory cause.
p.(None): 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
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p.(None): 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.
p.(None): The rules on alluvium apply both to the increases produced by the natural withdrawal of the waters, and by the abandonment of its channel.
p.(None): ARTICLE 1960.- River bed. What is deposited by the waters that are included in the limits of the river bed determined by the
p.(None): bank that fixes the average of the maximum ordinary floods.
p.(None): 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
p.(None): it belongs to him if that increase originates from another natural force.
p.(None): 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
p.(None): removal, after the end of six months, he acquires them by prescription.
p.(None): When the avulsion is not susceptible to natural adherence, the provisions on lost things apply.
p.(None): 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
p.(None): bad faith also owes the damage.
p.(None): 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
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): It has no direct action against the property owner, but can demand what it owes from the third party.
p.(None): 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
p.(None): built, if he did not immediately oppose the known invasion.
p.(None): 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
p.(None): 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
p.(None): demolish what was built.
p.(None): 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
p.(None): It is manifestly abusive, the judge can reject the petition and order compensation.
p.(None): CHAPTER 3
p.(None): Imperfect domain
p.(None): ARTICLE 1964.- Cases of imperfect domain. The revocable, fiduciary and dismembered domains are imperfect domains. The revocable domain is governed by the articles of
p.(None): 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
p.(None): taxes it.
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p.(None): not to constitute other real rights over it. These clauses are valid if they refer to a specific person or persons.
p.(None): In the free acts all the clauses indicated in the first paragraph are valid if their term does not exceed ten years.
p.(None): 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
p.(None): do not exceed ten years from the date it was established.
p.(None): In acts of death, the clauses that affect the legitimate portions, or imply a trustee substitution, are void.
p.(None): ARTICLE 1973.- Immissions. The discomfort caused by smoke, heat, odors, light, noise, vibrations or similar immissions due to the exercise of activities in
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): Any injured party may request that the effects of acts in violation of this article be removed.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): compensation for other damages.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): cause damage to the properties that receive them.
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 1978.- Views. Unless a local law establishes other dimensions, the boundary walls cannot have views that allow frontal vision to a lesser extent.
p.(None): 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
p.(None): outer limit of the area of ​​vision closest to the adjoining property.
p.(None): ARTICLE 1979.- Lights. Unless a local law establishes other dimensions, the boundary wall cannot have lights lower than one meter eighty.
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p.(None): CHAPTER 3
p.(None): Condo without forced division
p.(None): UNIQUE SECTION
p.(None): Partition
p.(None): ARTICLE 1996.- Applicable rules. The rules of the division of inheritance apply to the condominium, as long as they are compatible.
p.(None): 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
p.(None): action is imprescriptible.
p.(None): 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
p.(None): one of the owners becomes the owner of the whole thing.
p.(None): CHAPTER 4
p.(None): Condominium with temporary forced indivision
p.(None): ARTICLE 1999.- Waiver of the partition action. The condominium owner cannot renounce to exercise the action of partition for an indefinite time.
p.(None): 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
p.(None): 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
p.(None): that maximum limit.
p.(None): 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
p.(None): 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
p.(None): of five years. This term is renewable once.
p.(None): ARTICLE 2002.- Early partition. At the request of the party, whenever serious circumstances occur, the judge may authorize the partition before the scheduled time,
p.(None): The indivision has been agreed or ordered by court.
p.(None): 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
p.(None): register in the respective property registry.
p.(None): CHAPTER 5
p.(None): Condo with Enduring Forced Indivision
p.(None): SECTION 1
p.(None): Condominium on essential accessories
p.(None): ARTICLE 2004.- Forced indivision on indispensable accessories. There is forced indivision when the condominium falls on affected things as accessories
p.(None): 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
p.(None): division.
p.(None): 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
p.(None): equal right of the remaining owners.
p.(None): SECTION 2
p.(None): Condominium on walls, fences and moats
p.(None): ARTICLE 2006.- Wall, fence or moat. The wall, fence or moat is called:
p.(None): a) boundary, separative or dividing: that which demarcates a property and delimits it from the adjoining property;
p.(None): b) ridged: to the boundary that partially sits in each of the adjoining buildings;
p.(None): c) contiguous: to the boundary that is totally settled in one of the adjoining buildings, so that the edge coincides with the separating limit;
p.(None): d) party wall: the boundary that is common and belongs in condominium to both adjoining;
p.(None): e) exclusive or exclusive: to the boundary that belongs to only one of the neighboring ones;
p.(None): f) of closing: to the boundary of forced closing, whether it is ridged or contiguous;
p.(None): g) elevation: to the boundary that exceeds the height of the enclosure wall;
p.(None): h) buried: located below ground level without serving as a foundation for a surface construction.
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 2008.- Forced closing wall. The forced closing wall must be stable, insulating and not less than three meters high from the intersection.
p.(None): the limit with the surface of the real estate. This measure is subsidiary to those provided by local regulations.
p.(None): 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
p.(None): 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,
p.(None): or by purchasing prescription.
p.(None): 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
p.(None): that height up to the common elevation line. From that height on, it is presumed to be the property of the tallest building owner.
p.(None): 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
p.(None): partially.
p.(None): 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
p.(None): these to each other.
p.(None): 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
p.(None): public or private that contains acts common to the two neighboring owners, or their predecessors, or arising from unequivocal material signs.
p.(None): The resulting evidence of titles prevails over that of signs.
p.(None): 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
p.(None): wall and its foundations. If you build it upright, you can only claim half the value of the wall and its foundation.
p.(None): 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
p.(None): in relation to the stability and isolation of external agents, which exceed the standards of the place.
p.(None): 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
p.(None): party wall as it is built, even if it exceeds the standards of the place.
p.(None): 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,
p.(None): as long as it is used effectively for its specific purposes.
p.(None): The same right has who builds a buried wall, or who extends the pre-existing wall in greater depth than required for its foundation.
p.(None): 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
p.(None): use effectively.
p.(None): 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.
p.(None): 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
p.(None): from the beginning of its construction; and with respect to elevation or buried, from its effective use by the neighboring owner.
p.(None): 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,
p.(None): even in its entire thickness, provided that the regular exercise of that right does not result in danger to the solidity of the wall.
p.(None): 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
p.(None): weight you carry on the wall. The new extension is exclusive to the one who made it.
p.(None): 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
p.(None): previous state, totally or partially.
p.(None): 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.
p.(None): smaller than those of the demolished one.
p.(None): If in the reconstruction the wall is prolonged in height or depth, the provisions of article 2022 apply.
p.(None): 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
p.(None): new wall, although built by one of the owners, is dividing up to the height of the old and in all its thickness.
p.(None): ARTICLE 2026.- Diligence in the reconstruction. Reconstruction must be carried out at your expense, and the other owner cannot claim compensation for mere inconvenience,
p.(None): if the reconstruction is carried out with the due diligence according to the rules of the art.
p.(None): ARTICLE 2027.- Improvements in urban party walls. The owners are obliged, in proportion to their rights, to pay the costs of repairs or
p.(None): 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
p.(None): adjacent.
p.(None): ARTICLE 2028.- Abdication of mediatorship. The condominium required for the payment of credits originated by the construction, conservation or reconstruction of a wall,
p.(None): 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
p.(None): construction that belongs to you or the debt has originated in your own fact.
p.(None): It cannot be freed by abdicating the right on the raised or buried wall if it maintains its right on the closing wall.
p.(None): 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
p.(None): nods.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): enclosure if your property is completely closed.
p.(None): ARTICLE 2032.- Attribution, collection and rights in rural mediatorship. The enclosure is always dividing, even if it is excavated.
p.(None): 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.
p.(None): ARTICLE 2033.- Subsidiary application. The provisions on dividing walls regarding the rights and obligations of the joint owners, governs, in what is
p.(None): applicable, in rural party walls.
p.(None): 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
p.(None): rural as well as urban.
p.(None): 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
p.(None): plucked at the cost of both, except that it can be avoided by cutting branches or roots.
p.(None): 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.
p.(None): TITLE V
p.(None): Horizontal property
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): 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
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): horizontal property, which must be registered in the real estate registry.
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p.(None): must record the communications sent to the absent, the oppositions received and any express conformities.
p.(None): ARTICLE 2063.- Judicial Assembly. If the administrator or the council of owners, in subsidy, fails to call the assembly, the owners representing ten per
p.(None): 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
p.(None): 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,
p.(None): the judge can order precautionary measures to regularize the situation of the consortium.
p.(None): CHAPTER 6
p.(None): Owners Council
p.(None): ARTICLE 2064.- Powers. The assembly may appoint a council made up of owners, with the following powers:
p.(None): a) call the assembly and draft the agenda if for any reason the administrator fails to do so;
p.(None): b) control the economic and financial aspects of the consortium;
p.(None): c) authorize the administrator to dispose of the reserve fund, in the face of unforeseen and higher than ordinary expenses;
p.(None): 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
p.(None): Vacancy occurred.
p.(None): Except for the cases indicated in this article, the owners' council does not replace the administrator, nor can it fulfill its obligations.
p.(None): CHAPTER 7
p.(None): Administrator
p.(None): 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
p.(None): human or legal.
p.(None): 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
p.(None): ratified in it. The first assembly must be held within ninety days of the two years after the regulation is issued or when
p.(None): Fifty percent of the functional units are occupied, whichever comes first.
p.(None): Successive administrators must be appointed and removed by the assembly, regardless of the reform of the horizontal property regulations. They may be
p.(None): removed without cause.
p.(None): ARTICLE 2067.- Rights and obligations. The administrator has the rights and obligations imposed by law, regulation and the owners' meeting. Especially
p.(None): should:
p.(None): a) call the assembly and write the agenda;
p.(None): b) execute the decisions of the assembly;
p.(None): 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
p.(None): imposed by local regulations;
p.(None): 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
p.(None): greater than ordinary ones, the administrator must require the prior authorization of the owners council;
p.(None): e) render a documented account within sixty days from the closing date of the financial year established in the horizontal property regulations;
p.(None): f) appoint and dismiss the consortium staff, with the agreement of the assembly called for that purpose;
p.(None): g) comply with the obligations derived from labor, social security and tax legislation;
p.(None): 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
p.(None): risks that the assembly decides to cover;
p.(None): i) Legally keep the books of minutes, administration, owner registration, signature records and any other required by local regulations. Must also
p.(None): archive chronologically the expense settlements, and keep all the documentary history of the constitution of the consortium and of the successive ones
p.(None): administrations;
p.(None): 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
p.(None): documented accounts;
p.(None): k) notify all owners immediately, and in no case after forty-eight business hours of receiving the respective communication, the existence of
p.(None): administrative or judicial claims affecting the consortium;
p.(None): 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
p.(None): existence of administrative or judicial claims and information on current insurance;
p.(None): m) represent the consortium in all administrative and judicial proceedings as exclusive agent with all the powers pertaining to his character as representative
p.(None): legal.
p.(None): CHAPTER 8
p.(None): Sub-partnerships
p.(None): ARTICLE 2068.- Sectors with independence. In buildings whose structure or nature makes it convenient, the regulation of horizontal property can foresee the existence
p.(None): sectors with functional or administrative independence, in everything that does not weigh on the building in general.
p.(None): 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
p.(None): of conflict between the various sectors the assembly finally resolves.
p.(None): The entire consortium responds to third parties without taking into account the various sectors that comprise it.
p.(None): CHAPTER 9
p.(None): Offenses
p.(None): 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
p.(None): 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
p.(None): Shortest procedural route available to local law. If the offender is a non-owner occupant, he may be evicted in case of repeated infractions.
p.(None): CHAPTER 10
p.(None): Prehorizontality
...

p.(None): 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.
p.(None): 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
p.(None): common spaces and facilities by third parties in cases where the owners of the domain of the private units temporarily cede, in full or
p.(None): partial, by any title or right, real or personal, the use and enjoyment of its functional unit.
p.(None): 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
p.(None): 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
p.(None): said assets, with the characteristics and under the conditions that, for this purpose, the owners' consortium dictates.
p.(None): 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
p.(None): nor total or partial, permanent or transitory transmission, for acts inter vivos or mortis causa. Non-owners are obliged to pay contributions and fees
p.(None): that for this purpose determines the internal regulations of the real estate complex.
p.(None): ARTICLE 2084.- Easements and other real rights. Pursuant to the provisions of the applicable administrative regulations, easements or other
p.(None): 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
p.(None): Decisions constitute modification of the regulation and must be decided with the majority of such reform, as provided in the regulation.
p.(None): ARTICLE 2085.- Transmission of units. The horizontal property regulation may provide limitations but not prevent the free transmission and consequent acquisition of
p.(None): 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
p.(None): owners of private units.
p.(None): 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
p.(None): owners can apply the penalties provided in that instrument.
p.(None): EPISODE 2
p.(None): Shared time
p.(None): ARTICLE 2087.- Concept. Timeshare is considered to exist if one or more assets are affected by their periodic and shift use, for accommodation, lodging,
p.(None): trade, tourism, industry or other purposes and to provide the benefits compatible with your destination.
p.(None): 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
p.(None): are subject, the timeshare is integrated with real estate and furniture, as long as their nature is compatible with the aforementioned purposes.
p.(None): 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
p.(None): that, in the case of real estate, it must be formalized by public deed, which must contain the requirements established in the special regulations.
...

p.(None): ARTICLE 2094.- Duties of the entrepreneur. The duties of the entrepreneur are:
p.(None): 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
p.(None): from the administrator;
p.(None): 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
p.(None): use, the establishment or establishments to which they correspond, type, extension and category of the units, and changes in ownership;
p.(None): c) guarantee the exercise of the right of the users, in the committed opportunity and conditions;
p.(None): d) pay the fees for expenses of the system of non-disposed units.
p.(None): ARTICLE 2095.- Duties of the users of the timeshare. The duties of the users of the timeshare are:
p.(None): 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;
p.(None): 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
p.(None): they are not caused by its normal and regular use or by the mere course of time;
p.(None): c) communicate to the administration any temporary or definitive transfer of their rights, in accordance with the procedures established in the regulations for use;
p.(None): 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.
p.(None): 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
p.(None): joint responsibility towards the users of the timeshare, for the proper management and coordination in the maintenance and use of the goods.
p.(None): ARTICLE 2097.- Duties of the administrator. The administrator has the following duties, without prejudice to those established in the specific legal regimes:
p.(None): a) conserve establishments, their units and spaces and things for common use, in adequate conditions to facilitate the exercise of their rights by users;
p.(None): b) preserve the equal rights of users and respect the temporal priorities of reservations;
p.(None): c) verify the infractions to the regulations of use and apply the foreseen sanctions;
p.(None): d) to file the corresponding administrative appeals and legal actions;
p.(None): e) keep the accounting books according to law;
p.(None): f) prepare and execute the budget of resources and expenses;
p.(None): g) charge users fees for expenses, reserve funds and all other corresponding charges;
p.(None): 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
p.(None): the relative elevation adjustment system;
p.(None): i) deliver all the documentation and existing funds, to the entrepreneur or to whom he indicates, upon ceasing his function;
p.(None): j) behave as a good administrator would, according to the uses and practices of the sector.
p.(None): 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
p.(None): 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
p.(None): administration.
...

p.(None): ARTICLE 2134.- Modes of constitution. The usufruct can be constituted:
p.(None): a) for the transmission of the use and enjoy with reserve the bare property;
p.(None): b) for the transmission of bare property with reservation of use and enjoyment;
p.(None): c) by transmission of bare property to one person and use and enjoyment to another.
p.(None): ARTICLE 2135.- Presumption of onerousness. In case of doubt, the constitution of the usufruct is presumed onerous.
p.(None): 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
p.(None): 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
p.(None): constitution is only valid if they are met before the death of the testator.
p.(None): 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.
p.(None): 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.
p.(None): Otherwise, they are mandatory and must be done by public deed.
p.(None): 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
p.(None): obligation is not dispensable either.
p.(None): The interested party can claim at any time the fulfillment of the execution not carried out.
p.(None): 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
p.(None): they are in a good state of conservation, unless otherwise provided.
p.(None): 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
p.(None): grant sufficient guarantee for the conservation and restitution of the assets, once the usufruct has expired.
p.(None): 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
p.(None): with the right to increase.
p.(None): EPISODE 2
p.(None): Usufructuary rights
p.(None): ARTICLE 2141.- Fruits. Products. Natural growths. They belong to the singular or universal usufructuary:
p.(None): 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.
p.(None): quantity and quality, if you do not choose to request its extinction;
p.(None): b) the pending fruits at the time of establishing the usufruct. The earrings at the time of their extinction belong to the owner knot;
p.(None): c) the products of a holding already started at the time the usufruct was established.
p.(None): The use and enjoyment of the usufructuary extends to the accretions originated by acts of nature, without any consideration.
p.(None): 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
...

p.(None): ARTICLE 2170.- Presumption of onerousness. In case of doubt, the constitution of the easement is presumed onerous.
p.(None): ARTICLE 2171.- Modalities. The easement can be subject to any modality.
p.(None): ARTICLE 2172.- Transmissibility. No easement can be transferred independently of the dominant property.
p.(None): 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.
p.(None): EPISODE 2
p.(None): Rights and obligations of the dominant holder
p.(None): ARTICLE 2173.- Real and personal rights. The holder of an easement may establish personal rights in relation to the utility conferred on it, without
p.(None): exempt from its responsibility towards the owner. It cannot constitute real rights.
p.(None): ARTICLE 2174.- Extension of the easement. The easement includes the power to exercise all the accessory easements essential for the exercise of the
p.(None): main, but not those that only make your exercise more comfortable.
p.(None): 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
p.(None): forced.
p.(None): ARTICLE 2176.- Necessary improvements. The dominant owner can make the necessary improvements to the servicing property for the exercise and conservation of the easement.
p.(None): 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.
p.(None): ARTICLE 2177.- Work contrary to the exercise of servitude. The dominant owner may compel whoever did the servant property in works that undermine the
p.(None): 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
p.(None): tasks, without being able to claim any consideration.
p.(None): ARTICLE 2178.- Execution by creditors. In no case the transmission or the execution of the easement can be done independently of the dominant property.
p.(None): 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
p.(None): servitude. If it does not, it is responsible for all the damages suffered by the servant holder.
p.(None): CHAPTER 3
p.(None): Rights of the servant holder
p.(None): 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
p.(None): 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
p.(None): same for the place.
p.(None): 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
p.(None): onerous can choose a price decrease proportional to the severity of the disturbance.
...

p.(None): The extinction of the guarantee for any reason, including the waiver, does not affect the existence of the credit.
p.(None): ARTICLE 2187.- Guaranteable credits. Any credit, pure and simple, term, conditional or eventual, of giving, doing or not doing can be guaranteed. When the
p.(None): guarantee, the credit must be adequately individualized through the subjects, the object and its cause, with the exceptions allowed by law.
p.(None): 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
p.(None): suitably individualized in the constitutive contract.
p.(None): 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
p.(None): maximum tax.
p.(None): 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
p.(None): real guarantee for all concepts, so that any excess amount is unsecured, whether for capital, interest, costs, fines, or other concepts.
p.(None): 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
p.(None): security of the credits born during their validity.
p.(None): 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
p.(None): can integrate according to the set of statements of the constitutive act.
p.(None): ARTICLE 2191.- Indivisibility. The collateral rights are indivisible. Indivisibility is that each of the assets affected by a debt and each party
p.(None): of them, they are affected to the payment of all the debt and of each one of its parts.
p.(None): 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
p.(None): the existence of other guarantees.
p.(None): 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,
p.(None): provided that no damage is caused to the creditor, or at the request of the latter if it is in his own interest.
p.(None): ARTICLE 2192.- Extension regarding the object. The guarantee includes all the accessories physically attached to the thing, the improvements and the income due.
p.(None): However, the following are not included in the guarantee:
p.(None): 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
p.(None): is authorized by a contractual link;
p.(None): 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
p.(None): previously indicated.
p.(None): ARTICLE 2193.- Extension regarding credit. The guarantee covers the capital owed and the interest subsequent to its constitution, as well as damages and costs.
p.(None): 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
p.(None): have been expressly provided for and determined in the convention.
p.(None): 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
p.(None): concept that allows the real subrogation.
p.(None): In case of partial extinction of the object, the guarantee also subsists on the remaining material part.
p.(None): 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
p.(None): 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
p.(None): deposit or another sufficient guarantee is granted.
p.(None): ARTICLE 2196.- Non-enforceability. In the event of execution, the legal acts concluded to the detriment of the guarantee are unenforceable to the creditor.
p.(None): 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
p.(None): the term expires, and to be collected with the corresponding preference.
p.(None): 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
p.(None): of frustration of the condition.
p.(None): 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
p.(None): execution conditions provided by law for each real guarantee right.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): exceptions.
p.(None): The non-debtor owner can assert the debtor's personal defenses only if the subrogation action requirements are met.
p.(None): The inadmissible defenses in the procedure set for the execution can be claimed by the non-debtor owner in a judgment of knowledge.
p.(None): 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
p.(None): lien, excluding the previous owner and the unsecured creditors.
p.(None): 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:
p.(None): a) claim the corresponding compensation;
p.(None): b) subrogate, as appropriate, in the creditor's rights;
p.(None): 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
p.(None): 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
p.(None): value of each of the encumbered assets.
p.(None): 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
p.(None): cited for execution, without prejudice to the right and preferences that correspond to that produced for the satisfaction of their credits.
p.(None): ARTICLE 2204.- Cancellation of the lien. The guarantees registered in the respective registers are canceled:
p.(None): 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
p.(None): respective registry records;
p.(None): 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.
p.(None): In all cases, the cancellation may be required to be established by a marginal note in the copy of the title constituting the guarantee.
p.(None): EPISODE 2
p.(None): Mortgage
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 2206.- Legitimation. The holders of the real rights of domain, condominium, horizontal property, real estate groups and
p.(None): surface.
p.(None): ARTICLE 2207.- Undivided mortgage. A condominium owner can mortgage the thing for his undivided part. The mortgagee can execute the undivided part without waiting
p.(None): 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.
p.(None): 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
p.(None): It may be subsequent, provided it is granted with the same formality and prior to registration.
p.(None): 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
p.(None): registration, cadastral nomenclature, and as many specifications as necessary for their proper identification.
p.(None): 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.
p.(None): ARTICLE 2211.- Conventions for execution. The provisions of this Chapter do not prevent the validity of the conventions on foreclosure, recognized by
p.(None): special laws.
p.(None): CHAPTER 3
p.(None): Antichresis
p.(None): 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
p.(None): third party designated by the parties, who is authorized to receive the fruits to impute them to a debt.
p.(None): ARTICLE 2213.- Legitimation. The holders of the real rights of domain, condominium, horizontal property, surface and usufruct may constitute antichresis.
p.(None): 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
p.(None): constituent is the holder of a real right of lesser duration, the antichresis, ends its ownership.
p.(None): 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
p.(None): interest and then to capital, which must be reported to the debtor.
p.(None): 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
p.(None): inhabit the property or use the movable thing, charging as a result the rent that another would pay.
p.(None): 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
p.(None): the way it used to.
p.(None): The creditor must administer as provided by the rules of the mandate and is liable for the damages caused to the debtor.
p.(None): Failure to comply with these duties extinguishes the guarantee and forces the creditor to return the thing to the current legitimate holder.
p.(None): 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
p.(None): obliged to pay the contributions and charges of the property.
p.(None): The creditor cannot claim useful expenses until the concurrence of the highest value of the object.
p.(None): 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
p.(None): registrable, if not renewed before.
p.(None): CHAPTER 4
p.(None): Garment
p.(None): SECTION 1
p.(None): General disposition
p.(None): 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
p.(None): 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
p.(None): by the provisions contained in this Chapter.
p.(None): 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.
p.(None): 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
p.(None): power of the debtor or third party that has pledged them in security of a foreign debt. This garment is governed by special legislation.
p.(None): 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
p.(None): 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.
p.(None): If the creditor loses possession of the thing, he can recover it from whoever has it, without excepting the constituent of the pledge itself.
p.(None): 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
p.(None): 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
p.(None): titles, and other data that serve to individualize them.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): priority order for your rights, in order to share the priority or authorize that it be shared.
p.(None): SECTION 2
p.(None): Garment of things
p.(None): 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
p.(None): 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
p.(None): the credit is subject to condition article 2197 applies.
p.(None): 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
p.(None): capital. The agreement to the contrary is valid.
p.(None): 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
p.(None): conservation; in no case can it abuse the use of the thing or harm it in any other way.
p.(None): Failure to comply with the provisions of the first paragraph of this article, entitles the debtor to:
p.(None): a) to give up the guarantee and that the thing be restored;
p.(None): b) request that the thing be put on deposit at the expense of the creditor;
p.(None): c) claim damages.
...

p.(None): 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
p.(None): 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
p.(None): favorable for its sale, require judicial authorization to proceed, after hearing the creditor.
p.(None): 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
p.(None): obtained.
p.(None): ARTICLE 2229.- Execution. The creditor can sell the pledge in public auction, duly announced ten days in advance in the newspaper of
p.(None): Legal publications of the jurisdiction that corresponds to the place where, according to the contract, the thing must be found.
p.(None): 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
p.(None): quotation.
p.(None): The parties may agree simultaneously with the constitution that:
p.(None): 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
p.(None): 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;
p.(None): 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
p.(None): 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
p.(None): indicating one or more specialized business chambers or publications designated in the contract.
p.(None): 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.
p.(None): The creditor may acquire the thing by purchase made at auction or private sale or by award.
p.(None): 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
p.(None): alienation.
p.(None): ARTICLE 2231.- Documents with incorporated rights. The pledge of securities is governed, where appropriate, by the rules of the pledge of things.
p.(None): SECTION 3
p.(None): Pledge of credits
p.(None): ARTICLE 2232.- Ordered credits. The pledge of credits is the one that is constituted on any instrumented credit that can be assigned.
p.(None): 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
p.(None): pledge credit.
p.(None): The rules on the pledge of things apply in addition.
p.(None): ARTICLE 2233.- Constitution. The pledge of credits is constituted when the debtor of the pledged credit is notified of the existence of the contract.
p.(None): ARTICLE 2234.- Conservation and collection. The pledgee must keep and collect, even judicially, the pledged credit. Mandate rules apply.
p.(None): 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
p.(None): garment.
p.(None): If the benefit received is not monetary, the creditor must proceed with the sale of the thing, applying article 2229.
p.(None): 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
p.(None): 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.
p.(None): 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.
p.(None): Agreements to the contrary that are entered into by the pledgee and the constituent of the pledge.
p.(None): ARTICLE 2236.- Participation in a contract with reciprocal benefits. If the pledge credit originates from a contract with reciprocal benefits, in the event of
p.(None): breach of the liable pledge the creditor may forcibly transfer the participation of the former in said contract, subject to the applicable contractual limitations.
p.(None): 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.
p.(None): Participation means the set of rights and obligations derived from the contract.
p.(None): 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
p.(None): pledged credit and notify the pledge of the pledge of the pledge.
p.(None): TITLE XIII
p.(None): Possession actions and real actions
p.(None): CHAPTER 1
p.(None): Defenses of possession and tenure
p.(None): 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
p.(None): 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
p.(None): to take possession, against the will of the possessor or holder.
p.(None): 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
p.(None): absolutely to the possessor or the holder.
p.(None): 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
p.(None): of the actor.
p.(None): Acts performed without intention to become possessor should not be judged as possessory action but as damage action.
p.(None): 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
p.(None): he only has a right to possession or possession, he cannot take it; You must sue her through legal channels.
...

p.(None): 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
p.(None): tenure.
p.(None): 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
p.(None): judged material in everything that refers to possession or possession.
p.(None): 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
p.(None): universality in fact, even if it is vicious, against those who trouble him in whole or in part of the object.
p.(None): 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.
p.(None): 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
p.(None): judged material in everything that refers to possession or possession.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): conversion in which corresponds to the major injury, without the procedure being rolled back, except violation of the right of defense in court.
p.(None): ARTICLE 2245.- Legitimation. Possessive actions correspond to the possessors of things, universalities of fact or material parts of a thing.
p.(None): 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
p.(None): 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.
p.(None): 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,
p.(None): they are empowered to take it directly.
p.(None): ARTICLE 2246.- Process. Possession actions are processed through the most abbreviated knowledge process established by procedural laws or that determined by the judge,
p.(None): attending to the circumstances of the case.
p.(None): EPISODE 2
p.(None): Defenses of real law
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 2247.- Real actions. Real actions are the means to defend in court the existence, fullness and freedom of real rights against attacks that
p.(None): prevent their exercise.
p.(None): The real actions legislated in this Chapter are the claim, the confessional, the denial and the demarcation.
p.(None): The real actions are imprescriptible, without prejudice to the provisions on acquisitive prescription.
p.(None): 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
p.(None): possession and corresponds to acts that produce disempowerment.
p.(None): 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,
p.(None): especially given by the improper attribution of an easement or other inherent right to possession.
p.(None): 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
p.(None): possession.
p.(None): 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
p.(None): rights inherent to possession.
p.(None): 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
p.(None): judgment.
p.(None): ARTICLE 2250.- Damage. The plaintiff can choose to demand the restoration of the real right or obtain compensation for the damage.
p.(None): If you choose to re-establish your right, you can claim additional compensation for the damage.
p.(None): If you choose to obtain compensation for the damage, you lose the right to exercise the real action.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): it is limited to its undivided part.
p.(None): 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
p.(None): Harm takes advantage or harms only those who have intervened in the trial.
p.(None): SECTION 2
p.(None): Claim action
p.(None): ARTICLE 2252.- Claim of things and universality of fact. The thing can be claimed in whole or in part material. It can also be
p.(None): universality indeed.
p.(None): ARTICLE 2253.- Non-claimed objects. Immaterial objects, indeterminable or fungible things, accessories are not vindicable if the thing is not claimed
p.(None): main, or future things at the time of restitution effective.
p.(None): ARTICLE 2254.- Non-claimed objects in automotive matters. Motor vehicles registered in good faith are not liable, unless they are stolen or stolen.
p.(None): 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
p.(None): identification codes stamped on the vehicle's chassis and engine.
p.(None): 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.
p.(None): 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
p.(None): the action, but the sentence does not do res judicata against the possessor.
p.(None): 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
p.(None): special.
p.(None): ARTICLE 2256.- Proof in the claim of real estate. Regarding the evidence in the claim of real estate, the following rules are observed:
p.(None): 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
p.(None): above, regardless of the date of the title;
p.(None): 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
p.(None): the lawsuit prospers, even if the defendant does not present any title;
p.(None): 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
p.(None): transferor was the possessor and owner of the claimed inheritance;
p.(None): 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
p.(None): who has possession.
p.(None): ARTICLE 2257.- Proof in the claim of registrable furniture. Regarding the evidence in the claim of movable, stolen or stolen movable things, when
p.(None): the defendant's registration is in bad faith, the following rules must be observed:
...

p.(None): 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
p.(None): term from the delivery of the legacy.
p.(None): However, the defendant for the unworthy for reduction, collation or petition for inheritance, can invoke the unworthiness at all times.
p.(None): ARTICLE 2285.- Effects. Legally admitted exclusion, the unworthy must return the goods received, applying the provisions for the holder in bad faith. Should
p.(None): also pay interest on the sums of money received, even if you have not received them.
p.(None): The rights and obligations between the unworthy and the deceased are reborn, as well as the guarantees that ensured them.
p.(None): TITLE II
p.(None): Acceptance and renunciation of the inheritance
p.(None): CHAPTER 1
p.(None): Right of option
p.(None): ARTICLE 2286.- Time of acceptance and resignation. Future inheritances cannot be accepted or waived.
p.(None): 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
p.(None): inheritance or subject your option to modalities. Partial acceptance implies that of the whole; acceptance under modalities is considered not done.
p.(None): 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
p.(None): Accepted within that period is considered to be a waiver.
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): Your rights.
p.(None): If the heir has been instituted under suspensive condition, the summons can only be made once the condition has been fulfilled.
p.(None): 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.
p.(None): 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
p.(None): correspond to this one.
p.(None): The renunciation of the inheritance of the deceased deceased without accepting or renouncing an inheritance deferred to him, also implies the renunciation of it.
p.(None): ARTICLE 2291.- Effects. The exercise of the right of option has retroactive effect to the day of the opening of the succession.
p.(None): 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
p.(None): to accept it on your behalf.
p.(None): 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.
p.(None): EPISODE 2
p.(None): Acceptance of inheritance
...

p.(None): heir of the actor, against whom he is in material possession of the inheritance, and invokes the title of heir.
p.(None): ARTICLE 2311.- Imprescriptibility. The inheritance request is imprescriptible, without prejudice to the acquisitive prescription that can operate in relation to singular things.
p.(None): 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
p.(None): of which the deceased was the holder and those over which he exercised the right of retention.
p.(None): If restitution in kind is not possible, you must pay damages.
p.(None): The assignee of the hereditary rights of the apparent heir is equated to him in relations with the plaintiff.
p.(None): 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,
p.(None): expenses, improvements, appropriation of fruits and products, responsibility for losses and deterioration.
p.(None): 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.
p.(None): 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
p.(None): reimbursed by the heir.
p.(None): 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
p.(None): inheritance, except that there was bad faith in you and the third party with whom you contracted.
p.(None): 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
p.(None): that its rights are judicially controversial.
p.(None): 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.
p.(None): TITLE V
p.(None): Responsibility of the heirs and legatees. Liability settlement
p.(None): 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
p.(None): the assets of the inheritance, with preference over the creditors of the heirs.
p.(None): 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
p.(None): hereditary received. In case of plurality of heirs, they respond with the undivided hereditary mass.
p.(None): 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
p.(None): 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
p.(None): goods of universality.
p.(None): 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
p.(None): counted from the day they collect their legacies.
...

p.(None): the one that corresponds to the domicile of the sole heir.
p.(None): EPISODE 2
p.(None): Investiture of the quality of heir
p.(None): ARTICLE 2337.- Full investiture. If the succession takes place between ancestors, descendants and spouse, the heir is invested as such
p.(None): 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
p.(None): 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
p.(None): recognized through the judicial declaration of heirs.
p.(None): 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
p.(None): justification of the deceased's death and the hereditary title invoked.
p.(None): 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
p.(None): article 2337.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): The authenticity or validity of the will is contested through contentious process.
p.(None): 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
p.(None): exclusive, or if other heirs concur.
p.(None): 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
p.(None): 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.
p.(None): CHAPTER 3
p.(None): Inventory and appraisal
p.(None): ARTICLE 2341.- Inventory. The inventory must be made with the summons of the heirs, creditors and legatees whose domicile is known.
p.(None): 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.
p.(None): 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
p.(None): that the inventory has been requested by creditors or is imposed by another provision of the law.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): property complaint.
p.(None): 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.
p.(None): CHAPTER 4
p.(None): Judicial administration of the succession
p.(None): SECTION 1
p.(None): Appointment, rights and duties of the administrator
...

p.(None): 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,
p.(None): 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
p.(None): inconvenience, in which case you can designate a stranger.
p.(None): ARTICLE 2347.- Designation by the testator. The testator may designate one or more administrators and establish the mode of their replacement.
p.(None): The testator has been expressly appointed as expressly appointed as such, or has been appointed as liquidator of the succession, executor, executor
p.(None): testamentary or otherwise.
p.(None): 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
p.(None): appointed, except that the designation has provided that they must act together.
p.(None): In case of joint appointment, if there is an impediment to any of them, the others can act alone for conservatory and urgent acts.
p.(None): 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.
p.(None): 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
p.(None): determined by the judge.
p.(None): 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
p.(None): 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.
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): provisional administrator.
p.(None): 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
p.(None): 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
p.(None): their security or the appointment of provisional administrator. The expenses caused by these measures are borne by the undivided mass.
p.(None): SECTION 2
p.(None): Administrator functions
p.(None): 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.
p.(None): 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
p.(None): other assets, requires unanimous agreement of the heirs or, failing that, judicial authorization.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): which the cause was sued.
p.(None): In no case can you carry out acts that matter the disposition of the rights of the deceased.
p.(None): ARTICLE 2355.- Accountability. Unless the majority of the co-owners of the undivided estate have agreed on another term, the estate manager must
p.(None): render accounts of its administration quarterly, or with the periodicity that the judge establishes.
p.(None): CHAPTER 5
p.(None): Payment of debts and bequests
...

p.(None): unanimously judge appropriate. The partition can be total or partial.
p.(None): 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
p.(None): inheritance, leaving property undivided. The provisional partition does not prevent the right to request the definitive partition.
p.(None): ARTICLE 2371.- Judicial partition. The partition must be judicial:
p.(None): a) if there are incapable, restricted or absent partners;
p.(None): b) if third parties, based on a legitimate interest, object to the partition being done privately;
p.(None): c) if the partners are fully capable and do not agree to do the partition privately.
p.(None): 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
p.(None): value higher than the appraisal, if the other partners do not exceed their offer.
p.(None): 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.
p.(None): the appraisal of that good.
p.(None): 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
p.(None): from them.
p.(None): The tender cannot be requested after thirty days of the approval of the appraisal.
p.(None): ARTICLE 2373.- Partidor. The judicial partition is made by one party or by several who act together.
p.(None): In the absence of unanimous agreement of the partners for their appointment, the appointment must be made by the judge.
p.(None): 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.
p.(None): Otherwise, the goods must be sold and the product obtained must be distributed. Part of the goods can also be sold if necessary to
p.(None): enable batch formation.
p.(None): 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.
p.(None): 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
p.(None): the hijuelas.
p.(None): 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
p.(None): increases of one and the other. Debts are deducted and the values ​​to be collated and the assets subject to reduction are added.
p.(None): 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.
p.(None): referring to preferential attribution. The subdivision of buildings and the division of companies should be avoided.
p.(None): 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
p.(None): 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
p.(None): preferential attribution.
...

p.(None): goods that were the object of those acts.
p.(None): 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
p.(None): easements by reason of pre-partition cause, each of the heirs is liable for the corresponding compensation in proportion to his part, bearing the
p.(None): 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.
p.(None): None of the heirs can excuse their responsibility for having perished the assets awarded in the partition, even if it was by chance.
p.(None): 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
p.(None): eviction ensures its existence and the creditworthiness of the debtor at the time of partition.
p.(None): 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
p.(None): 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
p.(None): does not exclude warranty.
p.(None): ARTICLE 2407.- Hidden defects. The joint heirs must reciprocally guarantee the hidden defects of the foreclosed assets.
p.(None): CHAPTER 6
p.(None): Nullity and partition reform
p.(None): ARTICLE 2408.- Causes of nullity. The partition can be invalidated for the same reasons that legal acts can be.
p.(None): 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.
p.(None): ARTICLE 2409.- Other cases of complementary action. Article 2408 applies to all acts, whatever their denomination, the purpose of which is to stop the
p.(None): 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.
p.(None): 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
p.(None): in part your lot after the cessation of violence, or the discovery of intent, error or injury.
p.(None): CHAPTER 7
p.(None): Partition for ancestors
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 2411.- People who can carry it out. The person who has descendants can divide their assets between them by donation or by will.
p.(None): 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
p.(None): donation, through joint act of the spouses.
p.(None): 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
p.(None): the legal rules.
p.(None): 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
p.(None): donated and are susceptible to collation.
...

p.(None): ARTICLE 2435.- Exclusion of collaterals. In the absence of descendants and ascendants, the spouse inherits the entirety, excluding collaterals.
p.(None): 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
p.(None): 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
p.(None): convivial.
p.(None): 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
p.(None): judicial decision of any kind that implies cessation of coexistence, exclude the hereditary right between spouses.
p.(None): CHAPTER 5
p.(None): Collateral succession
p.(None): ARTICLE 2438.- Extension. In the absence of descendants, ascendants and spouse, the collateral relatives inherit until the fourth degree inclusive.
p.(None): 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,
p.(None): up to the fourth degree in relation to the causer.
p.(None): Siblings and sibling descendants displace the other collaterals.
p.(None): ARTICLE 2440.- Division. In the competition between bilateral brothers and unilateral brothers, each of them inherits half of what each of them inherits.
p.(None): In the other cases, the collaterals that concur inherit in equal parts.
p.(None): CHAPTER 6
p.(None): State rights
p.(None): 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
p.(None): The originator has distributed all the assets through legacies.
p.(None): When declaring the vacancy, the judge must appoint a conservator of the assets.
p.(None): The declaration of vacancy is registered in the corresponding registers, by judicial communication.
p.(None): 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
p.(None): 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
p.(None): receive the goods.
p.(None): ARTICLE 2443.- Conclusion of the liquidation. After the liquidation, the judge must order the goods to be delivered to the corresponding State.
p.(None): 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
p.(None): considers the State to be a bona fide possessor.
p.(None): TITLE X
p.(None): Legitimate portion
p.(None): 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
p.(None): descendants, ascendants and spouse.
p.(None): 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.
p.(None): 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
...

p.(None): ARTICLE 2449.- Non-waivability. The legitimate portion of a succession not yet open is inalienable.
p.(None): 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
p.(None): It has the legitimacy when the deceased does not leave assets but has made donations.
p.(None): 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.
p.(None): ARTICLE 2452.- Reduction of testamentary dispositions. In order to receive or supplement their portion, the affected legitimary can request the reduction of the institutions
p.(None): quota heirs and legacies, in that order.
p.(None): Legacies are reduced in the same order established in the second paragraph of article 2358.
p.(None): ARTICLE 2453.- Reduction of donations. If the reduction of the testamentary provisions is not enough for the legitimate portion to be covered, the heir
p.(None): Legitimate can request the reduction of donations made by the deceased.
p.(None): 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.
p.(None): ARTICLE 2454.- Effects of the reduction of donations. If the reduction is total, the donation is resolved.
p.(None): 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
p.(None): a greater portion corresponds, with a credit in favor of the other party for the value of its right.
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): 2458, the reduction action can be brought against the donors of the previous date.
p.(None): 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
p.(None): successors.
p.(None): ARTICLE 2458.- Reipersecutory action. The legitimario can prosecute registrable assets against third party acquirers. The grantee and the defendant deputy buyer, in their
p.(None): In case, they can disinterested the legitimary, satisfying in money the damage to the legitimate quota.
p.(None): 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
p.(None): computed from the acquisition of possession. Article 1901 applies.
p.(None): 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,
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): to the beneficiary. However, the sums that the acquirer proves to have actually paid must be deducted from the value of the donated amount.
p.(None): The value of the goods must be imputed to the available portion and the surplus is subject to collation.
p.(None): 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
p.(None): indicated.
p.(None): TITLE XI
p.(None): Testamentary successions
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): ARTICLE 2462.- Testament. Human beings can freely dispose of their assets after their death, respecting the established legitimate portions.
p.(None): in Title X of this Book, by means of a testament granted with the legal solemnities; that act may also include extra-patrimonial provisions.
p.(None): 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
p.(None): Title.
p.(None): ARTICLE 2464.- Age to test. People of legal age can test at the time of the act.
p.(None): 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
p.(None): themselves. The power to test is not delegable. Probate provisions cannot be left to the discretion of a third party.
p.(None): The will issued jointly by two or more people is not valid.
p.(None): 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.
p.(None): ARTICLE 2467.- Nullity of the will and testamentary provisions. The will or, where appropriate, the testamentary provision is null:
p.(None): a) for violating a legal prohibition;
p.(None): b) due to defects in form;
p.(None): 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;
p.(None): d) for having been granted by a person legally declared incapable. However, it can grant a will at lucid intervals that are sufficiently certain
p.(None): as to ensure that the disease has ceased by then;
p.(None): 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
p.(None): public, with the participation of an interpreter on the spot;
p.(None): f) for having been granted with error, fraud or violence;
p.(None): g) for favoring an uncertain person, unless for some reason it may become true.
p.(None): 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
p.(None): affect the validity of the provisions subject to them.
p.(None): 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
p.(None): ratified the testamentary provisions or has complied spontaneously.
p.(None): 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
p.(None): 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
p.(None): compatible, the other rules of interpretation of contracts.
p.(None): 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
p.(None): communicate it to interested persons, once the testator's death has occurred.
p.(None): EPISODE 2
p.(None): Forms of wills
p.(None): SECTION 1
p.(None): General disposition
p.(None): ARTICLE 2472.- Law that governs the form. The law in force at the time of testar governs the form of the will.
p.(None): 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
p.(None): one kind of will cannot be extended to those of another species.
p.(None): The observance of the solemnities imposed must result from the same testament, without being able to supply any evidence.
p.(None): 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
p.(None): legal forms, the nullity of one or several clauses does not harm the remaining parts of the act.
p.(None): The use of overflowing formalities does not vitiate the will.
...

p.(None): receive as much as the instituted heir in the minor fraction.
p.(None): ARTICLE 2487.- Cases of institution of universal heirs. The institution of universal heirs does not require the use of sacramental terms. They constitute it
p.(None): especially:
p.(None): a) the attribution of the universality of the assets of the inheritance, even if it is limited to bare ownership;
p.(None): b) the legacy of what remains after the other legacies are completed;
p.(None): c) the legacies that absorb all the assets, if the testator confers to the legatees the right to increase.
p.(None): The heir instituted in one or more specific assets is a legatee.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): patrimony, the remainder of the assets corresponds to the legitimate heirs and, in their absence, to the heirs instituted in proportion to their quotas.
p.(None): ARTICLE 2489.- Right to increase. When the testator institutes several heirs in the same quota, or jointly attributes a good to several legatees, each
p.(None): Beneficiary proportionally takes advantage of the part belonging to the heir or legatee whose right is frustrated or expires.
p.(None): 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.
p.(None): The right of accretion is transmitted to the heirs.
p.(None): 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
p.(None): contrary provision of the will.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): is valid for the other.
p.(None): 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
p.(None): foreground.
p.(None): 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
p.(None): instituted legatee. The nullity of this provision does not prejudice the rights of the instituted.
p.(None): ARTICLE 2493.- Probate trust. The testator may establish a trust over the entire inheritance, an undivided part or certain assets, and establish
p.(None): 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
p.(None): it must not affect the legitimate of the forced heirs, except in the case provided in article 2448.
p.(None): CHAPTER 5
p.(None): Legacies
p.(None): 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
p.(None): general, except as expressly provided otherwise in this Chapter.
p.(None): 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.
p.(None): 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
p.(None): condition to which it is subject.
p.(None): The legacy charged is governed by the provisions regarding donations subject to this modality.
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): heir, administrator or executor, even if he has it in his possession by any title.
p.(None): The legacy delivery costs are in charge of the succession.
p.(None): 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.
p.(None): 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
p.(None): satisfaction the thing bequeathed is affected, up to the concurrence of its value.
p.(None): ARTICLE 2501.- Property legacy. The legacy of a property includes the existing improvements, whatever the time in which they were made. The lands
p.(None): 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
p.(None): Independent.
...

p.(None): 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
p.(None): heir through whose fault or fact has been lost or deteriorated.
p.(None): 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
p.(None): fulfillment of the condition on which the acquisition of inheritance or legacy depends.
p.(None): 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
p.(None): 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
p.(None): the opening of the succession or the fulfillment of the condition.
p.(None): If the legacy thing partially perishes, the legacy subsists for the part that is preserved.
p.(None): 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.
p.(None): ARTICLE 2520.- Revocation of the legacy for reasons attributable to the legatee. Legacies can be revoked, at the request of those interested:
p.(None): a) by ingratitude of the legatee who, after having entered into the enjoyment of the bequeathed goods, seriously injures the memory of the deceased;
p.(None): 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
p.(None): charges.
p.(None): ARTICLE 2521.- Resignation of the legatee. The legatee can renounce the legacy as long as he has not accepted it.
p.(None): 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.
p.(None): 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
p.(None): it is with charge, you cannot renounce it and accept the free legacies.
p.(None): CHAPTER 7
p.(None): Executors
p.(None): 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
p.(None): 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
p.(None): accounts.
p.(None): 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
p.(None): all together. In such a case, decisions must be made by a majority of executors and, failing this, by the judge.
p.(None): 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
p.(None): execution is entrusted.
p.(None): Fully capable human beings at the time they must perform the office, legal persons, and administration bodies can be executors
p.(None): centralized or decentralized public.
p.(None): When a public official is appointed, the appointment is deemed tied to the role, regardless of who is serving it.
p.(None): 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
...

p.(None): affected.
p.(None): The executor is obliged to render accounts of his management to the heirs.
p.(None): ARTICLE 2527.- Responsibility. The executor responds for the damages that the breach of his duties causes to heirs and legatees.
p.(None): 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
p.(None): 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
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): intervention of the judge, to the transfer of the assets that is essential to fulfill the will of the deceased.
p.(None): 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.
p.(None): 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
p.(None): of the legacy assets and the nature and effectiveness of the work performed.
p.(None): 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,
p.(None): depending on the circumstances, the testator's will was different.
p.(None): 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.
p.(None): Useful for the succession you have made in the exercise of a profession.
p.(None): 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
p.(None): supervening, resignation or dismissal of the executor.
p.(None): 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.
p.(None): BOOK SIX
p.(None): COMMON PROVISIONS
p.(None): TO PERSONAL AND REAL RIGHTS
p.(None): TITLE I
p.(None): Prescription and expiration
p.(None): CHAPTER 1
p.(None): Provisions common to the liberatory and acquisitive prescription
p.(None): SECTION 1
p.(None): General rules
p.(None): 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
p.(None): Local laws may regulate the latter regarding the tax term.
p.(None): ARTICLE 2533.- Imperative character. The rules regarding prescription cannot be modified by convention.
p.(None): ARTICLE 2534.- Subjects. The prescription operates in favor and against all persons, except as otherwise provided by law.
p.(None): Creditors and any interested party can oppose the prescription, even if the obligor or owner does not invoke it or waive it.
p.(None): ARTICLE 2535.- Resignation. The prescription already won can be waived by the people who can grant acts of disposition. Waiver of prescription by one
p.(None): 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
p.(None): prescription.
p.(None): ARTICLE 2536.- Invocation of the prescription. The prescription can be invoked in all cases, with the exception of the cases provided by law.
p.(None): 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
p.(None): previous.
p.(None): 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
p.(None): 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
p.(None): maintains that of the previous law.
p.(None): ARTICLE 2538.- Spontaneous payment. Spontaneous payment of a prescribed obligation is not repeatable.
p.(None): SECTION 2
p.(None): Suspension of prescription
p.(None): 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
p.(None): started.
p.(None): 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
p.(None): indivisible.
...

p.(None): 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
p.(None): The limitation period begins from the cessation of the disability.
p.(None): The claim for compensation for damages arising from civil liability prescribes after three years.
p.(None): Civil actions derived from crimes against humanity are imprescriptible.
p.(None): ARTICLE 2562.- Two-year prescription period. They prescribe after two years:
p.(None): a) the request for declaration of relative nullity and revision of legal acts;
p.(None): b) the common law claim for damages derived from accidents and occupational diseases;
p.(None): 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;
p.(None): d) the claim of the damages derived from the contract of transport of people or things;
p.(None): e) the request for revocation of the donation for ingratitude or the legacy for unworthiness;
p.(None): f) the request for declaration of unenforceability born of fraud.
p.(None): 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:
p.(None): a) if they are vices of the will, since the violence stopped or since the error or fraud were known or could be known;
p.(None): b) in the simulation between parties, since, when one of them was requested, he refused to annul the simulated act;
p.(None): c) in the simulation exercised by a third party, since he knew or could know the vice of the legal act;
p.(None): d) in invalidity due to incapacity, since it ceased;
p.(None): e) in the injury, from the date the obligation of the injured party had to be fulfilled;
p.(None): f) in the fraud action, since the vice of the act was known or could be known;
p.(None): g) in the review of legal acts, since the cause of the review was known or could be known.
p.(None): ARTICLE 2564.- One year prescription period. They prescribe the year:
p.(None): a) the claim for redhibitory vices;
p.(None): b) possessory actions;
p.(None): 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
p.(None): of works intended for long duration. The term is counted since the ruin occurred;
p.(None): d) claims from any endorsable document or to the bearer, whose term begins to run from the day the obligation expires;
p.(None): e) claims to others liable for repetition of what is paid for maintenance;
p.(None): f) the autonomous action of review of res judicata.
p.(None): CHAPTER 3
p.(None): Purchasing prescription
p.(None): ARTICLE 2565.- General rule. The main real rights can be acquired by prescription in the terms of articles 1897 and following.
p.(None): CHAPTER 4
p.(None): Expiration of rights
p.(None): ARTICLE 2566.- Effects. Expiration extinguishes the right not exercised.
p.(None): ARTICLE 2567.- Suspension and interruption. The expiration periods are not suspended or interrupted, except as otherwise provided by law.
p.(None): 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
p.(None): fulfillment of the act required for the maintenance of the right or that implies a fraud to the legal provisions related to the prescription.
p.(None): ARTICLE 2569.- Acts that prevent expiration. Prevents expiration:
p.(None): a) compliance with the act provided by law or by legal act;
...

p.(None): following assumptions:
p.(None): a) the credits mentioned in subsection f) of article 2582 have the order provided in their respective legal systems;
p.(None): b) the withholding credit prevails over the credits with special privilege if the withholding begins to be exercised before the privileged credits are born;
p.(None): 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
p.(None): common expenses in the horizontal property, if the credits were accrued after the constitution of the guarantee;
p.(None): d) tax credits and those derived from construction, improvement or conservation, including credits for common expenses in horizontal property, prevail over those
p.(None): post-birth labor credits;
p.(None): e) the credits with real guarantee prevail over the labor credits accrued after the constitution of the guarantee;
p.(None): f) If there are credits included in the same subsection and on identical assets, they are settled pro rata.
p.(None): TITLE III
p.(None): Lien
p.(None): 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
p.(None): he owes you on account of the thing.
p.(None): 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
p.(None): free, except in the interest of the other contracting party.
p.(None): 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.
p.(None): 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
p.(None): lien for a sufficient guarantee.
p.(None): ARTICLE 2590.- Attributions of the retainer. The retainer has the right to:
p.(None): 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;
p.(None): b) receive a canon for the deposit, since it intimates the debtor to pay and receive the thing, with negative result;
p.(None): c) perceive the natural fruits of the thing retained, but is not obliged to do so.
p.(None): 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
p.(None): surplus to capital.
p.(None): ARTICLE 2591.- Obligations of the retainer. The retainer is obligated to:
p.(None): 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;
p.(None): b) keep the thing and make the necessary improvements at the debtor's expense;
p.(None): 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.
p.(None): ARTICLE 2592.- Effects. The withholding power:
p.(None): a) it is exercised on the whole thing whatever the proportion of the credit owed to the retainer;
p.(None): b) it is transmitted with the credit to which it accesses;
...

p.(None): a) his domicile, in the State in which he resides with the intention of establishing himself there;
p.(None): b) his habitual residence, in the State in which he lives and establishes lasting links for a long time.
p.(None): 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
p.(None): his defect, his simple residence.
p.(None): ARTICLE 2614.- Domicile of minors. The domicile of minors is in the country of the domicile of those who exercise the
p.(None): parental responsibility; If the exercise is plural and its holders are domiciled in different states, minors are considered domiciled where they have their
p.(None): habitual residence.
p.(None): Without prejudice to the provisions of international conventions, children and adolescents who have been illegally abducted or retained do not acquire domicile in the
p.(None): place where they remain stolen, were transferred or held unlawfully.
p.(None): 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
p.(None): habitual.
p.(None): ARTICLE 2616.- Capacity. The capacity of the human person is governed by the right of his domicile.
p.(None): The change of address of the human person does not affect his ability, once it has been acquired.
p.(None): 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
p.(None): 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.
p.(None): This rule is not applicable to legal acts related to family law, inheritance law or real property rights.
p.(None): 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
p.(None): address of the person at the time of requesting it.
p.(None): ARTICLE 2619.- Absence and presumption of death. Jurisdiction. The judge is competent to understand the declaration of absence and the presumption of death
p.(None): 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
p.(None): assets of the absent in relation to these; the Argentine judge can assume jurisdiction in the event of a legitimate interest in the Republic.
p.(None): 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
p.(None): 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
p.(None): previously.
p.(None): 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
p.(None): registration of those assets.
p.(None): SECTION 2
p.(None): Marriage
p.(None): 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
...

p.(None): necessary in respect of minors or elderly persons incapable or with restricted capacity, or their property, when they are in its territory, without prejudice
p.(None): 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
p.(None): affected, except as provided in the international protection of refugees.
p.(None): SECTION 8
p.(None): International return of children
p.(None): ARTICLE 2642.- General principles and cooperation. In the matter of displacements, retentions or abduction of minors that give rise to requests for location and
p.(None): international restitution, current conventions govern and, outside its scope, Argentine judges must try to adapt to the case the principles contained in
p.(None): such covenants, ensuring the best interests of the child.
p.(None): The competent judge who decides the return of a minor must supervise the safe return of the child or adolescent, promoting the solutions that
p.(None): lead to voluntary compliance with the decision.
p.(None): 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
p.(None): An adolescent whose rights may be threatened, may order advance measures to ensure their protection, as well as, if appropriate, that of the
p.(None): adult accompanying the child or adolescent.
p.(None): SECTION 9
p.(None): Successions
p.(None): 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
p.(None): real estate in the country with respect to these.
p.(None): 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
p.(None): real estate located in the country, Argentine law applies.
p.(None): 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
p.(None): domicile, habitual residence, or nationality of the testator at the time of testar or by Argentine legal forms.
p.(None): 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
p.(None): 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
p.(None): the instrument authenticates the legation or consulate.
...

p.(None): chosen right;
p.(None): d) generally accepted commercial uses and practices, customs and principles of international commercial law, are applicable when the parties have
p.(None): incorporated into the contract;
p.(None): 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;
p.(None): In principle, the internationally imperative norms of those States with preponderant economic ties to the case are also imposed on the contract;
p.(None): 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;
p.(None): g) the choice of a certain national forum does not imply the choice of the applicable domestic law in that country.
p.(None): This article does not apply to consumer contracts.
p.(None): 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
p.(None): by the laws and customs of the country of the place of performance.
p.(None): 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
p.(None): 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.
p.(None): The perfection of contracts between absentees is governed by the law of the place from which the accepted offer starts.
p.(None): ARTICLE 2653.- Exception clause. Exceptionally, at the request of a party, and taking into account all the objective and subjective elements derived from the
p.(None): contract, the judge is empowered to order the application of the law of the State with which the legal relationship has the closest links.
p.(None): This provision is not applicable when the parties have chosen the right for the case.
p.(None): SECTION 12
p.(None): Consumer contracts
p.(None): ARTICLE 2654.- Jurisdiction. Lawsuits related to consumer relations can be filed, at the consumer's choice, before the judges of the place of
p.(None): 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
p.(None): of the place where the consumer performs acts necessary for the conclusion of the contract.
p.(None): 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
p.(None): at the conclusion of the contract or when the defendant has mentioned them for the purposes of fulfilling a contractual guarantee.
p.(None): 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.
p.(None): The choice of forum agreement is not admitted in this matter.
p.(None): ARTICLE 2655.- Applicable law. Consumer contracts are governed by the law of the State of the consumer's domicile in the following cases:
p.(None): 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
p.(None): necessary for the conclusion of the contract;
p.(None): b) if the supplier has received the order in the State of the consumer's domicile;
p.(None): c) if the consumer was induced by his supplier to move to a foreign State in order to place his order there;
p.(None): d) if the travel contracts, for a global price, include combined transport and accommodation services.
p.(None): 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
p.(None): governed by the law of the venue.
p.(None): SECTION 13
p.(None): Civil liability
p.(None): ARTICLE 2656.- Jurisdiction. Except as provided in the previous articles, they are competent to know in actions based on the existence of liability
p.(None): civil:
p.(None): a) the judge of the defendant's domicile;
p.(None): b) the judge of the place where the event that caused the damage has occurred or where it produces its direct harmful effects.
p.(None): 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
p.(None): 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
p.(None): country or countries where the indirect consequences of the event in question occur.
...

p.(None): 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,
p.(None): transformation or termination of such rights.
p.(None): The displacement of these assets does not influence the rights that have been validly constituted under the rule of law.
p.(None): 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
p.(None): 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
p.(None): your owner. If the quality of ownership is disputed or unknown, the law of the place of employment applies.
p.(None): SECTION 16
p.(None): Prescription
p.(None): ARTICLE 2671.- Applicable law. The prescription is governed by the law that applies to the merits of the litigation.
p.(None): ANNEX II
p.(None): 1.- MODIFICATIONS TO LAW Nº 17.801:
p.(None): 1.1.- Article 1 of Law No. 17,801 is replaced by the following:
p.(None): "Article 1 .- The existing property registers in each province and in the FEDERAL CAPITAL shall be subject to the regime of this law."
p.(None): 1.2.- Article 2 of Law No. 17,801 is replaced by the following:
p.(None): "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,
p.(None): Third-party effectiveness and other provisions of this law, in the aforementioned registers, the following documents shall be recorded or noted, as appropriate:
p.(None): a) Those that constitute, transmit, declare, modify or extinguish real rights over real estate;
p.(None): b) Those that have embargoes, inhibitions and other precautionary measures;
p.(None): c) Those established by other national or provincial laws. ”
p.(None): 1.3.- Article 17 of Law Nº 17,801 is replaced by the following:
p.(None): "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
p.(None): 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
p.(None): in article 5. "
p.(None): 2.- MODIFICATIONS TO LAW Nº 19.550, T.O. 1984:
p.(None): 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
p.(None): 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:
p.(None): "SECTION I Of the existence of society"; "SECTION IV Of the companies not constituted according to the types of Chapter II and other assumptions."
p.(None): 2.2.- Article 1 of Law No. 19,550, T.O. 1984, by the following:
p.(None): "Concept.
p.(None): 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
p.(None): production or exchange of goods or services, sharing the benefits and bearing the losses.
p.(None): The sole proprietorship may only be incorporated as a corporation. The sole proprietorship cannot be constituted by a sole proprietorship. "
p.(None): 2.3.- Article 5 of Law No. 19,550, T.O. 1984, by the following:
p.(None): "Inscription in the Public Registry.
p.(None): 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
p.(None): seat of each branch, including the address where they are installed for the purposes of article 11, paragraph 2.
p.(None): 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
p.(None): competent official.
p.(None): Advertising in the documentation.
p.(None): 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. ”
p.(None): 2.4.- Substitute article 6 of Law No. 19,550, T.O. 1984, by the following:
p.(None): "Deadlines for registration. Take reason.
p.(None): 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
p.(None): To complete the procedure it will be THIRTY (30) additional days, being extended when it is exceeded by normal compliance with the procedures.
p.(None): 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
p.(None): 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
p.(None): they are authorized to carry them out. Failing that, any partner can request it at the expense of the company. ”
p.(None): 2.5.- Replace article 11 of Law No. 19,550, T.O. 1984, by the following:
p.(None): “Contents of the constitutive instrument.
p.(None): Article 11.- The instrument of constitution must contain, without prejudice to what is established for certain types of company:
p.(None): 1) The name, age, marital status, nationality, profession, address and identity document number of the partners;
p.(None): 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
p.(None): separate request signed by the management body. All notifications made at the registered office will be considered valid and binding for the company;
p.(None): 3) The designation of its object, which must be precise and determined;
p.(None): 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
p.(None): fully integrated into the constitutive act;
p.(None): 5) The term of duration, which must be determined;
p.(None): 6) The organization of the administration, its control and the meetings of partners;
p.(None): 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,
p.(None): it will be applied to bear the losses and vice versa;
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Searching for indicator political:

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p.(None): ARTICLE 166.- Reconduction. The legal person can be redirected until its liquidation has been completed, by decision of its members adopted unanimously
p.(None): 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.
p.(None): 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,
p.(None): Legal entity cannot carry out operations, and in its liquidation it must conclude the pending ones.
p.(None): 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
p.(None): 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.
p.(None): In case of infringement, their administrators and those members who, knowing or should know the situation and having the power, respond unlimitedly and jointly
p.(None): decision necessary to end it, they fail to adopt the necessary measures to that end.
p.(None): EPISODE 2
p.(None): Civil associations
p.(None): SECTION 1
p.(None): Civil associations
p.(None): 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
p.(None): the diverse identities, beliefs and traditions, be they cultural, religious, artistic, literary, social, political or ethnic, that do not violate constitutional values.
p.(None): It cannot pursue profit as its main purpose, nor can it have profit for its members or third parties.
p.(None): 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
p.(None): once the state authorization to operate has been granted. Until registration, the rules of simple association apply.
p.(None): ARTICLE 170.- Content. The constitutive act must contain:
p.(None): a) the identification of the constituents;
p.(None): b) the name of the association with the addendum “Civil Association” before or after it;
p.(None): c) the object;
p.(None): d) the registered office;
p.(None): e) the term of duration or if the association is in perpetuity;
p.(None): f) the grounds for dissolution;
p.(None): 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
p.(None): expressly your contribution of use and enjoyment;
p.(None): h) the administration and representation regime;
p.(None): i) the closing date of the annual financial year;
p.(None): j) where appropriate, the classes or categories of associates, and the prerogatives and duties of each;
p.(None): k) the regime of admission, admission, resignation, disciplinary sanctions, exclusion of associates and appeals against decisions;
p.(None): l) the social organs of government, administration and representation. The directive commission, the assemblies and the internal inspection body must be foreseen, regulating their
...

p.(None): b) responsibilities that each one assumes;
p.(None): c) vacation, holidays and other significant dates for the family;
p.(None): d) relationship and communication regime with the child when the child resides with the other parent.
p.(None): 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.
p.(None): Parents must seek the child's participation in the parenting plan and its modification.
p.(None): 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
p.(None): prioritize the indistinct shared modality, except that for well-founded reasons individual or alternate care is more beneficial. Any decision regarding
p.(None): 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
p.(None): founded on sex or sexual orientation, religion, political or ideological preferences or any other condition.
p.(None): 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,
p.(None): 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
p.(None): in this Code.
p.(None): 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
p.(None): parental responsibility remains with the parent (s), who retain the rights and responsibilities arising from this ownership and exercise.
p.(None): CHAPTER 5
p.(None): Duties and rights of parents. Maintenance obligation
p.(None): 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
p.(None): Personal care is in charge of one of them.
p.(None): The obligation to provide maintenance to children extends to twenty-one years, unless the obligor proves that the adult child has sufficient resources
p.(None): to provide them for yourself.
...

p.(None): situation foreseen in the promise, the reward corresponds to the one who has first communicated it to the promisor in a reliable manner.
p.(None): 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.
p.(None): If several people contribute to the same result, what the taxpayers have agreed and made known to the promisor is applied by reliable means.
p.(None): 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
p.(None): among taxpayers, those that in all cases are settled by friendly compilers.
p.(None): SECTION 3
p.(None): Public contest
p.(None): 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
p.(None): presentation of interested parties and completion of planned work.
p.(None): 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.
p.(None): The promisor cannot demand the transfer of the pecuniary rights on the awarded work if that transmission was not foreseen in the contest rules.
p.(None): ARTICLE 1808.- Recipients. The promise referred to in article 1807 can be made with respect to any person or persons determined by certain qualities
p.(None): which must be clearly announced. No calls may be made that make arbitrary differences by race, sex, religion, ideology, nationality, political opinion or
p.(None): union, economic or social position, or based on other illegal discrimination.
p.(None): 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
p.(None): 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
p.(None): calls to contest.
p.(None): SECTION 4
p.(None): Unilateral guarantees
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): may have, even if it maintains the right of repetition against the beneficiary, the payer or both.
p.(None): The payment empowers the promotion of the corresponding recursive actions.
p.(None): 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
p.(None): set an adequate bond that the beneficiary must meet before collection.
...

Political / stateless persons

Searching for indicator nation:

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p.(None): CIVIL AND COMMERCIAL CODE OF THE NATION
p.(None): Law 26,994
p.(None): Approval
p.(None): THEMATIC INDEX
p.(None): PRELIMINARY TITLE
p.(None): Chapter 1 Law arts. 1st to 3rd
p.(None): Chapter 2 Law arts. 4th to 8th
p.(None): Chapter 3 Exercise of rights arts. 9th to 14th
p.(None): Chapter 4 Rights and property arts. 15 to 18
p.(None): FIRST BOOK - GENERAL PART
p.(None): Title I Human person arts. 19 to 140
p.(None): Title II Legal person arts. 141 to 224
p.(None): Title III Goods arts. 225 to 256
p.(None): Title IV Facts and legal acts arts. 257 to 397
p.(None): Title V Transfer of rights arts. 398 to 400
p.(None): SECOND BOOK - FAMILY RELATIONS
p.(None): Title I Marriage arts. 401 to 445
p.(None): Title II Marriage property regime arts. 446 to 508
p.(None): Title III Coexistence unions arts. 509 to 528
p.(None): Title IV Relationship arts. 529 to 557
p.(None): Title V Filiation arts. 558 to 593
p.(None): Title VI Adoption arts. 594 to 637
p.(None): Title VII Parental responsibility arts. 638 to 704
p.(None): Title VIII Family processes arts. 705 to 723
p.(None): THIRD BOOK - PERSONAL RIGHTS
p.(None): Title I Obligations in general arts. 724 to 956
p.(None): Title II Contracts in general arts. 957 to 1091
p.(None): Title III Consumer contracts arts. 1092 to 1122
p.(None): Title IV Contracts in particular arts. 1123 to 1707
p.(None): Title V Other sources of obligations arts. 1708 to 1881
p.(None): BOOK FOUR - REAL RIGHTS
p.(None): Title I General provisions arts. 1882 to 1907
p.(None): Title II Possession and possession arts. 1908 to 1940
p.(None): Title III Domain arts. 1941 to 1982
p.(None): Title IV Condominium arts. 1983 to 2036
p.(None): Title V Horizontal Property arts. 2037 to 2072
p.(None): Title VI Real estate sets arts. 2073 to 2113
p.(None): Title VII Surface arts. 2114 to 2128
p.(None): Title VIII Usufruct arts. 2129 to 2153
p.(None): Title IX Use arts. 2154 to 2157
p.(None): Title X Room arts. 2158 to 2161
p.(None): Title XI Servitude arts. 2162 to 2183
p.(None): Title XII Real guarantee rights arts. 2184 to 2237
p.(None): Title XIII Possessor actions and real actions arts. 2238 to 2276
p.(None): BOOK FIVE - TRANSMISSION OF RIGHTS DUE TO DEATH
p.(None): Title I Successions arts. 2277 to 2285
p.(None): Title II Acceptance and resignation of the inheritance arts. 2286 to 2301
p.(None): Title III Assignment of inheritance arts. 2302 to 2309
p.(None): Title IV Inheritance request arts. 2310 to 2315
p.(None): Title V Responsibility of the heirs and legatees. arts. 2316 to 2322
p.(None): Liability settlement
p.(None): Title VI State of indivision arts. 2323 to 2334
p.(None): Title VII Succession process arts. 2335 to 2362
p.(None): Title VIII Partition arts. 2363 to 2423
p.(None): Title IX Intestate successions arts. 2424 to 2443
p.(None): Title X Legitimate portion arts. 2444 to 2461
p.(None): Title XI Probate successions arts. 2462 to 2531
p.(None): BOOK SIX - PROVISIONS COMMON TO PERSONAL AND REAL RIGHTS
p.(None): Title I Prescription and expiration arts. 2532 to 2572
p.(None): Title II Privileges arts. 2573 to 2586
p.(None): Title III Right of retention arts. 2587 to 2593
p.(None): Title IV Provisions of private international law arts. 2594 to 2671
p.(None): Law 26,994
p.(None): Approval
p.(None): Sanctioned: October 1, 2014
p.(None): Enacted: October 7, 2014
p.(None): The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc. sanction with force of
p.(None): Law:
p.(None): ARTICLE 1 - The Civil and Commercial Code of the Nation is approved, which as Annex I integrates this law.
p.(None): 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
p.(None): case are expressed.
p.(None): ARTICLE 3 - The following regulations are repealed:
p.(None): 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;
p.(None): b) Section IX of Chapter II - Articles 361 to 366 - and Chapter III of Law 19,550, t.o. 1984;
p.(None): c) Articles 36, 37 and 38 of Law 20,266 and its amendments;
p.(None): d) Article 37 of Decree 1798 of October 13, 1994;
p.(None): e) Articles 1 to 26 of Law 24,441;
p.(None): 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;
p.(None): g) Chapters III, IV, V and IX of Law 26,356.
p.(None): 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,
p.(None): 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
p.(None): articles of the cited law by virtue of the incorporation of the preceding norms.
p.(None): ARTICLE 5 - The laws that currently integrate, complement or are incorporated into the Civil Code or the Commercial Code, except as established in the
p.(None): 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.
p.(None): 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
p.(None): which is hereby approved.
p.(None): ARTICLE 7 - This law will enter into force on January 1, 2016.
p.(None): ARTICLE 8 - The following are applicable as complementary norms of application of the Civil and Commercial Code of the Nation:
p.(None): 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
p.(None): You can request the conversion of the personal separation sentence into a divorce bond.
p.(None): 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
p.(None): resolves, without any formalities, with the approval of the petition.
p.(None): 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
p.(None): for three (3) days.
p.(None): The conversion resolution must be recorded in the record that took note of the separation. ”
p.(None): 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
p.(None): 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
p.(None): means of state terrorism. " (Corresponds to article 69 of the Civil and Commercial Code of the Nation).
p.(None): ARTICLE 9 - The following are applicable as transitory norms of application of the Civil and Commercial Code of the Nation:
p.(None): First. “The rights of indigenous peoples, in particular community ownership of the lands they traditionally occupy and of those other suitable and sufficient to
p.(None): human development will be the object of a special law. ” (Corresponds to article 18 of the Civil and Commercial Code of the Nation).
p.(None): 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).
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): 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).
p.(None): 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."
p.(None): (Corresponds to articles 1764, 1765 and 1766 of the Civil and Commercial Code of the Nation).
p.(None): ARTICLE 10. - Contact the national Executive Power.
p.(None): 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.
p.(None): - REGISTERED UNDER Nº 26,994 -
p.(None): BELOVED BOUDOU. - JULIAN A. DOMINGUEZ. - Lucas Chedrese. - Juan H. Estrada.
p.(None): ANNEX I
p.(None): PRELIMINARY TITLE
p.(None): CHAPTER 1
p.(None): Straight
p.(None): 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
p.(None): 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
p.(None): when the laws or the interested parties refer to them or in situations not legally regulated, provided they are not contrary to law.
p.(None): ARTICLE 2 ° .- Interpretation. The law must be interpreted taking into account its words, its purposes, similar laws, the provisions that arise from treaties
p.(None): on human rights, legal principles and values, in a manner consistent with the entire legal system.
p.(None): ARTICLE 3 .- Duty to resolve. The judge must resolve the matters that are submitted to his jurisdiction by means of a reasonably founded decision.
p.(None): EPISODE 2
p.(None): Law
p.(None): 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
p.(None): passers-by, without prejudice to the provisions of special laws.
p.(None): ARTICLE 5.- Validity. Laws apply after the eighth day of their official publication, or from the day they determine.
...

p.(None): 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
p.(None): exclusive economic and continental shelf. A territorial sea is understood to be water, the bed and the subsoil;
p.(None): b) inland waters, bays, gulfs, inlets, ports, anchorages and maritime beaches; maritime beaches means the portion of land that the tides bathe and
p.(None): vacate during the highest and lowest normal tides, and their continuation up to the corresponding distance in accordance with the special legislation of order
p.(None): national or local applicable in each case;
p.(None): 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
p.(None): 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
p.(None): 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,
p.(None): 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,
p.(None): delimited in the same way as rivers;
p.(None): 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
p.(None): navigable lagoons, except those that belong to individuals;
p.(None): e) the air space overlying the territory and jurisdictional waters of the Argentine Nation, in accordance with international treaties and special legislation;
p.(None): f) streets, squares, roads, channels, bridges and any other public works built for common utility or comfort;
p.(None): g) official State documents;
p.(None): h) the ruins and archaeological and paleontological sites.
p.(None): 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:
p.(None): a) buildings that lack an owner;
p.(None): b) gold, silver, copper, precious stones, fossil substances and any other of similar interest, as required by the Mining Code;
p.(None): c) non-navigable lakes that do not have an owner;
p.(None): d) movable things of unknown owner that are not abandoned, except treasures;
p.(None): e) the goods acquired by the national, provincial or municipal State by any title.
p.(None): 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
p.(None): people have their use and enjoyment, subject to general and local provisions.
p.(None): The National Constitution, federal legislation and local public law determine the national, provincial or municipal nature of the goods listed in the two articles.
p.(None): 235 and 236.
p.(None): 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
p.(None): individuals without distinction of the persons who have a right over them, except those established by special laws.
p.(None): ARTICLE 239.- Waters of individuals. The waters that arise in the land of individuals belong to their owners, who can freely use them,
...

p.(None): offsetting your debt with the debt of the creditor to the surety.
p.(None): 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
p.(None): payment.
p.(None): ARTICLE 927.- Optional compensation. Optional compensation acts by the will of only one of the parties when it waives a missing requirement for the
p.(None): legal compensation that works in your favor. It produces its effects from the moment it is communicated to the other party.
p.(None): ARTICLE 928.- Judicial compensation. Either party has the right to require a judge to declare the compensation that has occurred. The claim
p.(None): 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.
p.(None): ARTICLE 929.- Conventional exclusion. Compensation can be conventionally excluded.
p.(None): ARTICLE 930.- Non-compensable obligations. They are not compensable:
p.(None): a) food debts;
p.(None): b) the obligations to do or not to do;
p.(None): c) the obligation to pay damages and interests for not being able to restitute the thing that the owner or legitimate owner was stripped;
p.(None): 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;
p.(None): e) debts and credits between individuals and the national, provincial or municipal State, when:
p.(None): 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
p.(None): other payments to be made at customs, such as storage or warehouse fees;
p.(None): ii) debts and credits belong to different ministries or departments;
p.(None): iii) the credits of the individuals are included in the consolidation of debts against the State provided by law.
p.(None): f) the credits and the debts in the insolvency and bankruptcy, except in the scopes in which it is foreseen by the special law;
p.(None): g) the debt of the obligor to return an irregular deposit.
p.(None): SECTION 2
p.(None): Confusion
p.(None): 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
p.(None): heritage.
p.(None): ARTICLE 932.- Effects. The obligation is extinguished, totally or partially, in proportion to the part of the debt in which the confusion occurs.
p.(None): SECTION 3
p.(None): Novation
p.(None): ARTICLE 933.- Definition. The novation is the extinction of an obligation by the creation of a new one, destined to replace it.
p.(None): 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
p.(None): above does not cause its extinction.
p.(None): 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
p.(None): accessory of the primitive obligation, does not entail novation.
p.(None): ARTICLE 936.- Novation due to change of debtor. The novation for change of debtor requires the consent of the creditor.
...

p.(None): SECTION 9
p.(None): Successions
p.(None): 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
p.(None): real estate in the country with respect to these.
p.(None): 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
p.(None): real estate located in the country, Argentine law applies.
p.(None): 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
p.(None): domicile, habitual residence, or nationality of the testator at the time of testar or by Argentine legal forms.
p.(None): 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
p.(None): 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
p.(None): the instrument authenticates the legation or consulate.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): friendly nation.
p.(None): 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
p.(None): 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
p.(None): protocols of a notary from the same address.
p.(None): 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
p.(None): its incorporation in the protocols of the clerk's office that the same judge designates.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): situated.
p.(None): SECTION 10
p.(None): Form of legal acts
p.(None): 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
p.(None): of the place where the acts were held, performed or granted.
p.(None): 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
p.(None): form performed.
...

p.(None): ARTICLE 2651.- Autonomy of the will. Rules. Contracts are governed by the right chosen by the parties regarding their intrinsic validity, nature, effects,
p.(None): 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
p.(None): refer to all or parts of the contract.
p.(None): The exercise of this right is subject to the following rules:
p.(None): 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
p.(None): of this Code. However, this modification cannot affect the validity of the original contract or the rights of third parties;
p.(None): 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
p.(None): otherwise;
p.(None): 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
p.(None): chosen right;
p.(None): d) generally accepted commercial uses and practices, customs and principles of international commercial law, are applicable when the parties have
p.(None): incorporated into the contract;
p.(None): 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;
p.(None): In principle, the internationally imperative norms of those States with preponderant economic ties to the case are also imposed on the contract;
p.(None): 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;
p.(None): g) the choice of a certain national forum does not imply the choice of the applicable domestic law in that country.
p.(None): This article does not apply to consumer contracts.
p.(None): 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
p.(None): by the laws and customs of the country of the place of performance.
p.(None): 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
p.(None): 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.
p.(None): The perfection of contracts between absentees is governed by the law of the place from which the accepted offer starts.
p.(None): ARTICLE 2653.- Exception clause. Exceptionally, at the request of a party, and taking into account all the objective and subjective elements derived from the
p.(None): contract, the judge is empowered to order the application of the law of the State with which the legal relationship has the closest links.
p.(None): This provision is not applicable when the parties have chosen the right for the case.
p.(None): SECTION 12
p.(None): Consumer contracts
p.(None): ARTICLE 2654.- Jurisdiction. Lawsuits related to consumer relations can be filed, at the consumer's choice, before the judges of the place of
p.(None): 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
...

p.(None): ARTICLE 2669.- Real rights on permanent furniture. Change of situation. Real rights on furniture that have permanent status and that
p.(None): 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,
p.(None): transformation or termination of such rights.
p.(None): The displacement of these assets does not influence the rights that have been validly constituted under the rule of law.
p.(None): 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
p.(None): 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
p.(None): your owner. If the quality of ownership is disputed or unknown, the law of the place of employment applies.
p.(None): SECTION 16
p.(None): Prescription
p.(None): ARTICLE 2671.- Applicable law. The prescription is governed by the law that applies to the merits of the litigation.
p.(None): ANNEX II
p.(None): 1.- MODIFICATIONS TO LAW Nº 17.801:
p.(None): 1.1.- Article 1 of Law No. 17,801 is replaced by the following:
p.(None): "Article 1 .- The existing property registers in each province and in the FEDERAL CAPITAL shall be subject to the regime of this law."
p.(None): 1.2.- Article 2 of Law No. 17,801 is replaced by the following:
p.(None): "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,
p.(None): Third-party effectiveness and other provisions of this law, in the aforementioned registers, the following documents shall be recorded or noted, as appropriate:
p.(None): a) Those that constitute, transmit, declare, modify or extinguish real rights over real estate;
p.(None): b) Those that have embargoes, inhibitions and other precautionary measures;
p.(None): c) Those established by other national or provincial laws. ”
p.(None): 1.3.- Article 17 of Law Nº 17,801 is replaced by the following:
p.(None): "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
p.(None): 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
p.(None): in article 5. "
p.(None): 2.- MODIFICATIONS TO LAW Nº 19.550, T.O. 1984:
p.(None): 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
p.(None): 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:
p.(None): "SECTION I Of the existence of society"; "SECTION IV Of the companies not constituted according to the types of Chapter II and other assumptions."
p.(None): 2.2.- Article 1 of Law No. 19,550, T.O. 1984, by the following:
p.(None): "Concept.
p.(None): 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
p.(None): production or exchange of goods or services, sharing the benefits and bearing the losses.
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Political / vulnerable

Searching for indicator vulnerable:

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p.(None): 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
p.(None): of the child or adolescent.
p.(None): 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
p.(None): parental.
p.(None): TITLE VIII
p.(None): Family processes
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): ARTICLE 705.- Scope of application. The provisions of this title are applicable to family matters, without prejudice to what the law provides in cases
p.(None): specific.
p.(None): ARTICLE 706.- General principles of family processes. The family process must respect the principles of effective judicial protection, immediacy, good faith
p.(None): and procedural loyalty, informality, orality and limited access to the file.
p.(None): 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
p.(None): peaceful conflict.
p.(None): b) The judges before these cases must be specialized and have multidisciplinary support.
p.(None): c) The decision made in a process in which children or adolescents are involved, must take into account the best interests of these people.
p.(None): ARTICLE 707.- Participation in the process of people with restricted capacity and of children and adolescents. Older people with restricted capacity and
p.(None): 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
p.(None): discernment and the issue debated in the process.
p.(None): 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
p.(None): designated in the process.
p.(None): 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.
p.(None): ARTICLE 709.- Official principle. In family processes, the procedural impulse is in charge of the judge, who can order evidence unofficially.
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Searching for indicator vulnerability:

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p.(None): c) capital preservation, accrued during the minority of the child.
p.(None): CHAPTER 9
p.(None): Termination, deprivation, suspension and rehabilitation of parental responsibility
p.(None): ARTICLE 699.- Termination of ownership. The ownership of parental responsibility is extinguished by:
p.(None): a) death of the parent or child;
p.(None): b) profession of the parent in a monastic institute;
p.(None): c) reaching the age of majority;
p.(None): d) emancipation, except as provided in article 644;
p.(None): 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
p.(None): adopt the child of the spouse or partner.
p.(None): ARTICLE 700.- Deprivation. Either parent is deprived of parental responsibility for:
p.(None): 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;
p.(None): 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;
p.(None): c) endangering the security, physical or mental health of the child;
p.(None): d) the child's adoptability status has been declared.
p.(None): 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
p.(None): declared the state of adoptability of the child.
p.(None): ARTICLE 701.- Rehabilitation. The deprivation of parental responsibility can be annulled by the judge if the parents, or one of them, shows that the
p.(None): Restitution is justified for the benefit and interest of the child.
p.(None): ARTICLE 702.- Suspension of the exercise. The exercise of parental responsibility is suspended while it lasts:
p.(None): a) the declaration of absence with the presumption of death;
p.(None): b) the term of the sentence to confinement and imprisonment for more than three years;
p.(None): c) the declaration by final judgment of the limitation of capacity for serious mental health reasons that prevent the parent from exercising this;
...

Health / Cognitive Impairment

Searching for indicator impaired:

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p.(None): 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
p.(None): the entity in the country or abroad that administers the collective deposit system in which the global certificates are registered. When managing entities
p.(None): of collective deposit systems have participations in global certificates registered in collective deposit systems administered by another entity, the vouchers
p.(None): they can be issued directly by the former.
p.(None): In all cases, the expenses are borne by the applicant.
p.(None): SECTION 4
p.(None): Deterioration, theft, loss and destruction of securities or their records
p.(None): 1st paragraph
p.(None): Common rules for securities
p.(None): ARTICLE 1852.- Scope of application. Jurisdiction. The provisions of this Section apply in the event of theft, loss or destruction of securities.
p.(None): 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
p.(None): domicile of the creator, in serial securities; or in the place of payment, in individual securities. The expenses are borne by the applicant.
p.(None): 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.
p.(None): 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.
p.(None): of the security canceled, for a term not exceeding two years.
p.(None): 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
p.(None): the original and reimburse the expenses. The signatories of the original security are obliged to reproduce their signature on the duplicate.
p.(None): 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
p.(None): Titles. Likewise, a notarial proof of correlation must be made.
p.(None): When third parties object to instrumentally reproduce their obligations, the judge must resolve by the shortest contradictory procedure provided by local law, without
p.(None): prejudice to the granting of provisional or definitive securities, when appropriate.
p.(None): 2nd paragraph
p.(None): Rules applicable to serial securities
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): publication and correspondence.
p.(None): The complaint must contain:
p.(None): a) the individualization of the securities, indicating, where appropriate, denomination, nominal value, series and numbering;
p.(None): 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;
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p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): It has no direct action against the property owner, but can demand what it owes from the third party.
p.(None): 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
p.(None): built, if he did not immediately oppose the known invasion.
p.(None): 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
p.(None): 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
p.(None): demolish what was built.
p.(None): 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
p.(None): It is manifestly abusive, the judge can reject the petition and order compensation.
p.(None): CHAPTER 3
p.(None): Imperfect domain
p.(None): ARTICLE 1964.- Cases of imperfect domain. The revocable, fiduciary and dismembered domains are imperfect domains. The revocable domain is governed by the articles of
p.(None): 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
p.(None): taxes it.
p.(None): 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
p.(None): transmitted.
p.(None): The condition or term must be imposed by express voluntary provision or by law.
p.(None): 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
p.(None): This is greater or uncertain. If the ten years elapse without resolution, the domain must be definitively established. The term is computed from the
p.(None): date of the title establishing the imperfect domain.
p.(None): 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
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p.(None): unless otherwise agreed. The amount of compensation is set by the parties in the act establishing the real surface right, or in subsequent agreements.
p.(None): 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.
p.(None): years, discounted depreciation.
p.(None): 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,
p.(None): without prejudice to what the parties have agreed in this regard in the constitutive act.
p.(None): ARTICLE 2128.- Rules applicable to surface property. If the surface right is exercised over an existing construction, plantation or afforestation, it will be
p.(None): 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
p.(None): compatible and are not modified by the provisions of this Title.
p.(None): TITLE VIII
p.(None): Usufruct
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): ARTICLE 2129.- Concept. Usufruct is the real right to legally use, enjoy and dispose of someone else's property, without altering its substance.
p.(None): 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.
p.(None): ARTICLE 2130.- Object. The usufruct may be exercised over the totality, over a material part or through an undivided part of the following objects:
p.(None): a) a non-expendable thing;
p.(None): b) a right, only in cases where the law provides;
p.(None): c) a fungible thing when it falls on a group of animals;
p.(None): d) all or an undivided part of an inheritance when the usufruct is of testamentary origin.
p.(None): 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.
p.(None): object on which it can fall.
p.(None): 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
p.(None): it subsists for the rest, but without the right to increase, except if the constitutive act provides otherwise.
p.(None): 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
p.(None): usufruct.
p.(None): ARTICLE 2133.- Prohibition of judicial usufruct. In no case can the judge establish a usufruct or impose its constitution.
p.(None): ARTICLE 2134.- Modes of constitution. The usufruct can be constituted:
p.(None): a) for the transmission of the use and enjoy with reserve the bare property;
p.(None): b) for the transmission of bare property with reservation of use and enjoyment;
p.(None): c) by transmission of bare property to one person and use and enjoyment to another.
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p.(None): 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
p.(None): modify the final text at the time of the first signature.
p.(None): 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
p.(None): 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
p.(None): added to the protocol.
p.(None): Grantors may request the notarization of an original instrument in a foreign language, provided it consists of a translation by a public translator, or
p.(None): 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.
p.(None): ARTICLE 303.- Abbreviations and numbers. Do not leave blank spaces, or use abbreviations, or initials, unless these last two appear in the documents
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 304.- Grantor with hearing impairment. If any of the grantors of the act has hearing impairment, two witnesses must intervene who can give
p.(None): 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
p.(None): scribe must attest to that fact. The minutes must be registered.
p.(None): ARTICLE 305.- Content. The deed must contain:
p.(None): a) place and date of its granting; if either party requires it or the scribe considers it convenient, the time the instrument is signed;
p.(None): 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
p.(None): 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
p.(None): grantor is a legal person, his full name, registered office and registration details of his constitution should be recorded if applicable;
p.(None): c) the nature of the act and the individualization of the assets that constitute its object;
p.(None): d) the instrumental record of the reading that the scribe must do in the act of granting the deed;
p.(None): e) the amendments, tests, erasures, interlines, or other modifications made to the instrument in essential parts, which must be made by hand of the
p.(None): notary public and before signing;
p.(None): 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
p.(None): record the statement on the cause of the impediment and the digital impression of the grantor.
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p.(None): ARTICLE 875.- Validity. Payment must be made by person with capacity to arrange.
p.(None): 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
p.(None): case, that of bankruptcy law.
p.(None): 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
p.(None): pledge or garnishment.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): corresponding to the category of their obligation.
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): patrimonial impairment, and can pay against the individual or joint opposition of the creditor and the debtor.
p.(None): 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
p.(None): against the debtor with the same scope as:
p.(None): a) the agent executing the service with the consent of the debtor;
p.(None): b) the business manager acting in ignorance of it;
p.(None): c) who files the enrichment action without cause, if he acts against the will of the debtor.
p.(None): You can also exercise the action that arises from the subrogation by execution of the benefit by a third party.
p.(None): ARTICLE 883.- Legitimation to receive payments. The payment made is extinguishing the credit:
p.(None): 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
p.(None): of their obligation;
p.(None): b) at the order of the judge who ordered the attachment of the loan;
p.(None): c) to the third party indicated to receive payment, in whole or in part;
p.(None): 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
p.(None): payment;
p.(None): 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
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p.(None): 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
p.(None): days since its celebration.
p.(None): As long as there is no third party acceptance, the contract produces effects between the parties.
p.(None): 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
p.(None): third assumes the contractual position when the event that determines him as beneficiary of the contract occurs.
p.(None): SECTION 3
p.(None): Suspension of compliance and force majeure
p.(None): ARTICLE 1031.- Suspension of compliance. In bilateral contracts, when the parties must comply simultaneously, one of them can suspend compliance
p.(None): 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
p.(None): several interested parties, the part due to each one can be suspended until the full execution of the consideration.
p.(None): 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
p.(None): 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
p.(None): compliance will be accomplished.
p.(None): SECTION 4
p.(None): Sanitation obligation
p.(None): 1st paragraph
p.(None): General disposition
p.(None): ARTICLE 1033.- Responsible subjects. Are required to sanitation:
p.(None): a) the transferor of goods for consideration;
p.(None): b) who has divided assets with others;
p.(None): c) their respective predecessors, if they have made the corresponding transfer for consideration.
p.(None): 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
p.(None): this Section, without prejudice to special regulations.
p.(None): ARTICLE 1035.- Acquisition free of charge. The acquirer free of charge may exercise to his benefit the actions of responsibility for sanitation corresponding to
p.(None): its predecessors.
p.(None): 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,
p.(None): without prejudice to the provisions of the following article.
p.(None): ARTICLE 1037.- Interpretation of the suppression and the decrease of the responsibility for sanitation. The clauses for deletion and reduction of liability for
p.(None): sanitation are of restrictive interpretation.
p.(None): ARTICLE 1038.- Cases in which they are considered not agreed. The suppression and reduction of liability for sanitation are considered not agreed in the
p.(None): following cases:
p.(None): a) if the transferor knew, or should have known, the danger of eviction, or the existence of defects;
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p.(None): consumption that are their own.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): value.
p.(None): ARTICLE 1308.- Impediments for delivery. If the recipient cannot be found or refuses to receive the transported items or delays their receipt, the carrier
p.(None): You must immediately request instructions from the charger and the solutions provided in article 1307 apply.
p.(None): 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
p.(None): 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
p.(None): go against him for the payment of his own debts. It maintains its action against the recipient.
p.(None): ARTICLE 1310.- Responsibility for fault. If it is fragile things, poorly conditioned for transport, subject to easy deterioration, animals or transport
p.(None): For specials, the carrier may agree that it only responds if proven guilty. This convention cannot be included in a general predisposed clause.
p.(None): 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
p.(None): delivered or should have been delivered to the recipient.
p.(None): ARTICLE 1312.- Natural loss. In the transport of things that, by their nature, are subject to decrease in weight or measure during transport, the
p.(None): 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
p.(None): due to the nature of things or that, due to the circumstances of the case, it could not reach the proven magnitude.
p.(None): ARTICLE 1313.- Limitation of liability. Prohibition. Those who routinely perform transportation services cannot limit the liability rules
p.(None): precedents, except in the case of article 1310.
p.(None): ARTICLE 1314.- Checking things before delivery. The recipient has the right to have their cost checked before receipt of their
p.(None): identity and status. If there are losses or failures, the carrier must reimburse the expenses.
p.(None): 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,
p.(None): except intent.
p.(None): 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
p.(None): Extinct the actions derived from the contract, except fraud. Only the actions for partial loss or unrecognizable damage at the time of delivery, which
p.(None): must be deducted within five days of receipt.
p.(None): 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
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p.(None): 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,
p.(None): 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
p.(None): article 1757.
p.(None): ARTICLE 1769.- Traffic accidents. The articles referring to the liability derived from the intervention of things apply to the damages caused by the circulation
p.(None): vehicular.
p.(None): ARTICLE 1770.- Protection of private life. He who arbitrarily meddles in the lives of others and publishes portraits, spreads correspondence, mortifies others in his
p.(None): 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
p.(None): 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
p.(None): measure is appropriate for a proper repair.
p.(None): ARTICLE 1771.- Slanderous accusation. In the damages caused by a slanderous accusation, only one responds for intent or serious fault.
p.(None): 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
p.(None): victim was involved.
p.(None): SECTION 10
p.(None): Exercise of liability actions
p.(None): 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:
p.(None): a) the holder of a real right over the thing or good;
p.(None): b) the holder and the holder in good faith of the thing or good.
p.(None): 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
p.(None): and the indirect.
p.(None): SECTION 11
p.(None): Civil and criminal actions
p.(None): ARTICLE 1774.- Independence. Civil action and criminal action resulting from the same fact can be exercised independently. In cases where the fact
p.(None): 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
p.(None): procedural or special laws.
p.(None): 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
p.(None): must be suspended in the civil process until the conclusion of the criminal process, with the exception of the following cases:
p.(None): a) if there are grounds for termination of the criminal action;
p.(None): b) if the delay of the criminal procedure causes, in fact, an effective frustration of the right to be compensated;
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p.(None): tasks, without being able to claim any consideration.
p.(None): ARTICLE 2178.- Execution by creditors. In no case the transmission or the execution of the easement can be done independently of the dominant property.
p.(None): 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
p.(None): servitude. If it does not, it is responsible for all the damages suffered by the servant holder.
p.(None): CHAPTER 3
p.(None): Rights of the servant holder
p.(None): 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
p.(None): 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
p.(None): same for the place.
p.(None): 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
p.(None): onerous can choose a price decrease proportional to the severity of the disturbance.
p.(None): 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
p.(None): impairment for the encumbered property, but cannot deprive the dominant of the utility to which he is entitled.
p.(None): If the circumstances of place and time of exercise are not foreseen in the easement title, they must be determined by the servant holder.
p.(None): CHAPTER 4
p.(None): Extinction of servitude
p.(None): ARTICLE 2182.- Special extinguishing media. The following are special means of extinguishing easements:
p.(None): a) the disappearance of any utility for the dominant property;
p.(None): b) non-use by any person for ten years, for any reason;
p.(None): 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
p.(None): extinction, and if a shorter duration was not agreed, it ends fifty years after the constitution.
p.(None): ARTICLE 2183.- Effects of the extinction. Once the easement is extinguished, all the rights constituted by the dominant holder are extinguished.
p.(None): TITLE XII
p.(None): Real guarantee rights
p.(None): CHAPTER 1
p.(None): Common provisions
p.(None): 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
p.(None): the special rules that correspond to its type.
p.(None): 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
p.(None): indicates for each type.
p.(None): 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,
p.(None): except in the legally established cases.
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p.(None): 2.26.- Incorporate into article 299 of Law No. 19,550, T.O. 1984, the following subsection:
p.(None): "7) They are One-Person Joint Stock Companies."
p.(None): 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
p.(None): following:
p.(None): "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
p.(None): 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.
p.(None): 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
p.(None): free or onerous, as final recipient, for your own benefit or for your family or social group. ”
p.(None): 3.2.- Article 8 of Law No. 24,240, as amended by Law No. 26,361, is replaced by the following:
p.(None): "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
p.(None): contract with the consumer and oblige the offeror.
p.(None): 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
p.(None): communication, the name, address and CUIT number of the offeror must appear. ”
p.(None): 3.3.- Article 40 bis of Law No. 24,240, as amended by Law No. 26,361, is replaced by the following:
p.(None): “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
p.(None): 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.
p.(None): The enforcement agencies, through administrative acts, will set compensation to repair material damage suffered by the consumer in the goods subject to
p.(None): the consumption ratio.
p.(None): This power can only be exercised by administrative bodies that meet the following requirements:
p.(None): 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
p.(None): faculty is manifest;
p.(None): b) are endowed with undisputed technical specialization, independence and impartiality;
p.(None): c) its decisions are subject to ample and sufficient judicial control.
p.(None): 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
p.(None): legitimate spiritual, those that result from the interference in his life project or, in general, to the non-patrimonial consequences. ”
p.(None): 3.4.- Article 50 of Law No. 24,240, as amended by Law No. 26,361, is replaced by the following:
p.(None): "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
p.(None): infractions or for the initiation of administrative actions. ”
p.(None): - ERRATA -
p.(None): Law 26,994
p.(None): 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.
p.(None): WHERE SAYS:
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p.(None): k) give or take on location real estate for more than three years, or collect early rent for more than one year;
p.(None): l) make donations, or other liberalities, except for small habitual gratuities;
p.(None): 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
p.(None): correspond to the object for which a power was granted in general terms.
p.(None): 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
p.(None): 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
p.(None): deficiency of its power, is exempt from said responsibility.
p.(None): 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
p.(None): of the substitute, in which case the representative does not answer for him.
p.(None): The represented party can prohibit the substitution.
p.(None): ARTICLE 378.- Plurality of representatives. The appointment of several representatives, without indication that they must act together, all or some of them, is
p.(None): understands that it empowers any of them to act indiscriminately.
p.(None): 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
p.(None): the others.
p.(None): ARTICLE 380.- Extinction. Power is extinguished:
p.(None): a) for the fulfillment of the act or acts entrusted in the empowerment;
p.(None): 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
p.(None): 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
p.(None): third, or to represented and third;
p.(None): c) for the revocation made by the represented party; however, a power can be irrevocably conferred, provided it is for acts especially
p.(None): 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
p.(None): 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;
p.(None): 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
p.(None): prove an impediment that configures just cause;
p.(None): e) by the declaration of presumed death of the representative or the represented;
p.(None): f) by the declaration of absence of the representative;
p.(None): g) by the bankruptcy of the representative or represented;
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p.(None): Both clauses can include the execution against the guarantors or guarantors of the policyholder. The registered address is the one established in the contract.
p.(None): 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,
p.(None): 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
p.(None): 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
p.(None): the determination of the exercise price of the purchase option and for the acts subsequent to its exercise and payment.
p.(None): CHAPTER 6
p.(None): Work and services
p.(None): SECTION 1
p.(None): Provisions common to works and services
p.(None): 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,
p.(None): undertakes in favor of another, called principal, to carry out a material or intellectual work or to provide a service by means of remuneration.
p.(None): 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.
p.(None): 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
p.(None): 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.
p.(None): The services provided in a dependency relationship are governed by the rules of labor law.
p.(None): The provisions of this Chapter are integrated with the specific rules that may be applicable to specially regulated services or works.
p.(None): 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
p.(None): contract.
p.(None): ARTICLE 1254.- Cooperation of third parties. The contractor or service provider may use third parties to perform the service, except as provided or the
p.(None): 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
p.(None): responsibility for execution.
p.(None): ARTICLE 1255.- Price. The price is determined by the contract, the law, the uses or, failing that, by a judicial decision.
p.(None): Tariff laws cannot curtail the power of the parties to determine the price of works or services. When said price must be established
p.(None): 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
p.(None): 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
p.(None): retribution.
p.(None): 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.
p.(None): 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
p.(None): provided in article 1091.
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p.(None): businesses where you have departed from those instructions.
p.(None): ARTICLE 1339.- Deadlines granted by the consignee. The consignee is presumed authorized to grant the payment terms that are of use in the plaza.
p.(None): 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
p.(None): that would have corresponded.
p.(None): 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
p.(None): circumstances.
p.(None): ARTICLE 1341.- Prohibition. The consignee cannot buy or sell for himself the things included in the consignment.
p.(None): 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.
p.(None): ARTICLE 1343.- Guarantee commission. When, in addition to ordinary remuneration, the consignee has agreed to another “guarantee” call, they are at their own risk
p.(None): of collection and is directly obliged to pay the consignor the price in the agreed terms.
p.(None): 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
p.(None): You can dispose of them until they are returned to you.
p.(None): The consignee's creditors cannot seize the consigned things until their price has been paid.
p.(None): CHAPTER 10
p.(None): Brokerage
p.(None): 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
p.(None): business, without having a relationship of dependency or representation with any of the parties.
p.(None): 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
p.(None): 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
p.(None): runner by the other principal.
p.(None): If the principal is a person under public law, the brokerage contract must comply with the relevant contracting rules.
p.(None): Human or legal persons may act as brokers.
p.(None): ARTICLE 1347.- Obligations of the broker. The broker must:
p.(None): a) ensure the identity of the people involved in the businesses in which they mediate and their legal capacity to contract;
p.(None): b) propose the businesses with accuracy, precision and clarity, refraining from mentioning inaccurate assumptions that may mislead the parties;
p.(None): 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;
p.(None): d) maintain confidentiality of everything related to negotiations in which it intervenes, which must only yield upon judicial or public authority request
p.(None): competent;
p.(None): 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;
p.(None): f) keep samples of the products that are negotiated with their intervention, while the possibility of controversy on the quality of the delivered remains.
p.(None): ARTICLE 1348.- Prohibition. The runner is prohibited:
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p.(None): the compensatory criminal clause, without prejudice to the judge's reducing powers when that accumulation is abusive.
p.(None): ARTICLE 1748.- Course of interests. The course of interest begins from the time each damage occurs.
p.(None): SECTION 5
p.(None): Direct liability
p.(None): ARTICLE 1749.- Responsible subjects. It is the direct responsibility of those who breach an obligation or cause unjustified damage by action or omission.
p.(None): 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
p.(None): article 1742.
p.(None): 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.
p.(None): 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
p.(None): solidarity. If the plurality derives from different causes, the rules of the concurrent obligations apply.
p.(None): ARTICLE 1752.- Cover-up. The cover-up responds as soon as his cooperation has caused harm.
p.(None): SECTION 6
p.(None): Liability for the fact of third parties
p.(None): ARTICLE 1753.- Liability of the principal for the act of the dependent. The principal responds objectively for the damages caused by those under his
p.(None): 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
p.(None): entrusted.
p.(None): The lack of discernment of the dependent does not excuse the principal. The responsibility of the principal is concurrent with that of the dependent.
p.(None): ARTICLE 1754.- Fact of the children. Parents are jointly and severally liable for damage caused by children under their parental responsibility and
p.(None): that live with them, without prejudice to the personal and concurrent responsibility that may fit the children.
p.(None): 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
p.(None): person, temporarily or permanently. It does not cease in the case provided for in article 643.
p.(None): 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.
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p.(None): date on which, once the statute of limitations expires, the acquisition of the respective real right occurs.
p.(None): The declaratory sentence of long prescription does not have retroactive effect to the time in which the possession begins.
p.(None): 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
p.(None): make the claim known.
p.(None): ARTICLE 1906.- Transmissibility. All real rights are transferable, except legal provision to the contrary.
p.(None): 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
p.(None): 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.
p.(None): TITLE II
p.(None): Possession and possession
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): ARTICLE 1908.- Enumeration. The power relations of the subject with a thing are possession and possession.
p.(None): 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
p.(None): real right, whether or not it is.
p.(None): 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
p.(None): holder.
p.(None): 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.
p.(None): 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.
p.(None): 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
p.(None): material of the thing.
p.(None): ARTICLE 1913.- Attendance. Several power relations of the same species that are mutually exclusive cannot concur on one thing.
p.(None): 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
p.(None): indicates.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): exercise of a real or personal right constituted in accordance with the provisions of the law.
p.(None): 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
p.(None): case that must be exhibited as an inherent obligation to their power relationship.
p.(None): 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
p.(None): essential and excusable is persuaded of its legitimacy.
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p.(None): 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
p.(None): You can dispose of them until they are returned to you.
p.(None): The consignee's creditors cannot seize the consigned things until their price has been paid.
p.(None): CHAPTER 10
p.(None): Brokerage
p.(None): 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
p.(None): business, without having a relationship of dependency or representation with any of the parties.
p.(None): 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
p.(None): 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
p.(None): runner by the other principal.
p.(None): If the principal is a person under public law, the brokerage contract must comply with the relevant contracting rules.
p.(None): Human or legal persons may act as brokers.
p.(None): ARTICLE 1347.- Obligations of the broker. The broker must:
p.(None): a) ensure the identity of the people involved in the businesses in which they mediate and their legal capacity to contract;
p.(None): b) propose the businesses with accuracy, precision and clarity, refraining from mentioning inaccurate assumptions that may mislead the parties;
p.(None): 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;
p.(None): d) maintain confidentiality of everything related to negotiations in which it intervenes, which must only yield upon judicial or public authority request
p.(None): competent;
p.(None): 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;
p.(None): f) keep samples of the products that are negotiated with their intervention, while the possibility of controversy on the quality of the delivered remains.
p.(None): ARTICLE 1348.- Prohibition. The runner is prohibited:
p.(None): a) to acquire by itself or through a person the effects whose negotiation has been entrusted to it;
p.(None): b) have any kind of participation or interest in the negotiation or in the goods included in it.
p.(None): ARTICLE 1349.- Guarantee and representation. The broker can:
p.(None): a) grant guarantee for obligations of one or both parties in the negotiation in which they act;
p.(None): b) receive from a party the commission to represent it in the execution of the business.
p.(None): 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
p.(None): 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.
p.(None): 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
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p.(None): allow to reasonably demand the continuity of its activities. This power can be exercised by both parties.
p.(None): 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
p.(None): 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
p.(None): reasonable, given the circumstances.
p.(None): ARTICLE 1500.- Subagency. The agent cannot, except with the express consent of the employer, institute subagents. Agent-subagent relationships are governed
p.(None): 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.
p.(None): ARTICLE 1501.- Excluded cases. The rules of this Chapter do not apply to stock or futures, futures and options or derivatives agents; to the
p.(None): insurance producers or agents; to financial or exchange agents, to maritime or aeronautical agents and to other groups governed by special laws regarding
p.(None): to the operations they carry out.
p.(None): CHAPTER 18
p.(None): Concession
p.(None): 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
p.(None): remuneration to have your business organization to market merchandise provided by the grantor, provide services and provide spare parts and accessories
p.(None): as agreed.
p.(None): ARTICLE 1503.- Exclusivity. Merchandise. Except otherwise agreed:
p.(None): 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
p.(None): 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;
p.(None): b) The concession includes all merchandise manufactured or supplied by the grantor, including new models.
p.(None): ARTICLE 1504.- Obligations of the grantor. The grantor's obligations are:
p.(None): 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
p.(None): 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
p.(None): communicated to the concessionaire in accordance with the agreement;
p.(None): 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.
p.(None): certain types of direct sales or special sales modalities;
p.(None): c) provide the concessionaire with the technical information and, where appropriate, the manuals and training of personnel necessary for the operation of the concession;
p.(None): d) provide for a reasonable period, if applicable, spare parts for the products marketed;
p.(None): 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
p.(None): concessionaire within its territory or area of ​​influence.
p.(None): ARTICLE 1505.- Obligations of the concessionaire. The concessionaire's obligations are:
p.(None): 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
p.(None): agreement, the amount sufficient to ensure business continuity and the attention of the consuming public;
p.(None): b) respect the geographical limits of action and abstain from marketing merchandise outside of them, directly or indirectly through an interposer;
p.(None): c) have the premises and other facilities and equipment that are necessary for the proper performance of their activity;
p.(None): d) provide the pre-delivery and maintenance services for the merchandise, if so agreed;
p.(None): e) adopt the sales, advertising and accounting system established by the grantor;
p.(None): f) train its personnel in accordance with the rules of the grantor.
p.(None): 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
p.(None): 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,
p.(None): even if they are not accessories of the merchandise object of the concession nor are they destined for it.
p.(None): 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
p.(None): agreed for four years.
p.(None): 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.
p.(None): to two years.
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p.(None): franchise.
p.(None): ARTICLE 1516.- Term. Article 1506, first paragraph, applies. However, a shorter term can be agreed if it corresponds to special situations such as
p.(None): 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
p.(None): 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
p.(None): second renewal, becomes an indefinite term contract.
p.(None): ARTICLE 1517.- Exclusivity clauses. Franchises are exclusive to both parties. The franchisor cannot authorize another franchise unit in the same
p.(None): 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
p.(None): 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
p.(None): exclusiveness.
p.(None): ARTICLE 1518.- Other clauses. Except otherwise agreed:
p.(None): 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
p.(None): 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
p.(None): prior authorization of the franchisor to grant sub-franchises under the conditions agreed between the franchisor and the main franchisee;
p.(None): 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
p.(None): franchisee;
p.(None): c) The right to the clientele corresponds to the franchisor. The franchisee cannot change the location of its service or manufacturing premises.
p.(None): ARTICLE 1519.- Null clauses. The clauses prohibiting the franchisee are not valid:
p.(None): a) justifiably question the rights of the franchisor mentioned in article 1512, second paragraph;
p.(None): b) acquire merchandise included in the franchise of other franchisees within the country, provided that they meet the contractual qualities and characteristics;
p.(None): c) meet or establish non-economic ties with other franchisees.
p.(None): ARTICLE 1520.- Responsibility. The parties to the contract are independent, and there is no employment relationship between them. In consecuense:
p.(None): a) the franchisor is not liable for the franchisee's obligations, except as expressly provided otherwise;
p.(None): 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;
p.(None): c) The franchisor does not respond to the franchisee for the profitability of the franchise system.
p.(None): 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
p.(None): 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.
p.(None): ARTICLE 1521.- Responsibility for defects in the system. The franchisor is liable for system design defects, which cause proven damage to the franchisee,
p.(None): not caused by gross negligence or fraud of the franchisee.
p.(None): ARTICLE 1522.- Termination of the contract. The termination of the franchise agreement is governed by the following rules:
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p.(None): 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
p.(None): real on said goods.
p.(None): 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
p.(None): real actions filed on said assets.
p.(None): 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
p.(None): competent to understand the real actions on said assets.
p.(None): ARTICLE 2667.- Applicable law. Real property rights. Real property rights are governed by the law of the place of your situation.
p.(None): 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
p.(None): State, provided that they appear in public instruments and are presented legalized.
p.(None): ARTICLE 2668.- Applicable law. Real rights on recordable assets. Real rights over registrable assets are governed by the law of the State of registry.
p.(None): ARTICLE 2669.- Real rights on permanent furniture. Change of situation. Real rights on furniture that have permanent status and that
p.(None): 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,
p.(None): transformation or termination of such rights.
p.(None): The displacement of these assets does not influence the rights that have been validly constituted under the rule of law.
p.(None): 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
p.(None): 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
p.(None): your owner. If the quality of ownership is disputed or unknown, the law of the place of employment applies.
p.(None): SECTION 16
p.(None): Prescription
p.(None): ARTICLE 2671.- Applicable law. The prescription is governed by the law that applies to the merits of the litigation.
p.(None): ANNEX II
p.(None): 1.- MODIFICATIONS TO LAW Nº 17.801:
p.(None): 1.1.- Article 1 of Law No. 17,801 is replaced by the following:
p.(None): "Article 1 .- The existing property registers in each province and in the FEDERAL CAPITAL shall be subject to the regime of this law."
p.(None): 1.2.- Article 2 of Law No. 17,801 is replaced by the following:
p.(None): "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,
p.(None): Third-party effectiveness and other provisions of this law, in the aforementioned registers, the following documents shall be recorded or noted, as appropriate:
p.(None): a) Those that constitute, transmit, declare, modify or extinguish real rights over real estate;
p.(None): b) Those that have embargoes, inhibitions and other precautionary measures;
p.(None): c) Those established by other national or provincial laws. ”
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p.(None): ARTICLE 227.- Movable things. They are movable things that can move by themselves or by an external force.
p.(None): 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
p.(None): analogous both to the other parts and to the thing itself.
p.(None): Things cannot be divided if their division makes their use and exploitation uneconomic. In terms of real estate, the regulation of subdivision
p.(None): Parcel corresponds to local authorities.
p.(None): ARTICLE 229.- Main things. Main things are those that can exist by themselves.
p.(None): 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
p.(None): attached. Its legal regime is that of the main thing, except legal provision to the contrary.
p.(None): 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
p.(None): there is no main or accessory thing.
p.(None): 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
p.(None): first use of them, even though they may be consumed or deteriorate after some time.
p.(None): 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
p.(None): others of the same quality and in the same quantity.
p.(None): 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
p.(None): spontaneous productions of nature.
p.(None): Industrial fruits are those produced by the industry of man or the culture of the earth.
p.(None): Civil fruits are the income that the thing produces.
p.(None): The remunerations of the work are assimilated to the civil fruits.
p.(None): Products are the non-renewable objects that separated or taken out of the thing alter or decrease its substance.
p.(None): The natural and industrial fruits and products form a whole with the thing, if they are not separated.
p.(None): ARTICLE 234.- Goods out of commerce. Goods whose transmission is expressly prohibited are out of trade:
p.(None): a) by law;
p.(None): b) by legal acts, insofar as this Code allows such prohibitions.
p.(None): SECTION 2
p.(None): Assets in relation to people
p.(None): ARTICLE 235.- Assets belonging to the public domain. They are goods belonging to the public domain, except as provided by special laws:
p.(None): 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
p.(None): exclusive economic and continental shelf. A territorial sea is understood to be water, the bed and the subsoil;
p.(None): b) inland waters, bays, gulfs, inlets, ports, anchorages and maritime beaches; maritime beaches means the portion of land that the tides bathe and
p.(None): vacate during the highest and lowest normal tides, and their continuation up to the corresponding distance in accordance with the special legislation of order
p.(None): national or local applicable in each case;
p.(None): 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
p.(None): 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
p.(None): 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,
p.(None): 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,
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p.(None): destruction of the thing by fire not caused in a fortuitous event.
p.(None): 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
p.(None): maintenance; and only these if it is real estate.
p.(None): If it is urgent to make the necessary repairs, you can carry them out at the cost of the landlord, giving prior notice.
p.(None): 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
p.(None): conventionally assumed by the tenant. For collection it is granted by executive means.
p.(None): 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.
p.(None): 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
p.(None): crazy thing.
p.(None): He is not in charge of paying the charges on the thing, unless otherwise agreed.
p.(None): 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
p.(None): mere passage of time and regular use.
p.(None): 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.
p.(None): 3rd paragraph
p.(None): Improvement scheme
p.(None): 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
p.(None): challenged to restore it.
p.(None): 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.
p.(None): 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
p.(None): He received.
p.(None): SECTION 5
p.(None): Assignment and sublocation
p.(None): 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
p.(None): requirements violates the prohibition to vary the destination of the thing located.
p.(None): The contractual prohibition of yielding matters that of sublocating and vice versa.
p.(None): Assignment to the sublocation of the whole thing is considered.
p.(None): 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
p.(None): 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.
p.(None): 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.
p.(None): 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.
p.(None): 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
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p.(None): Personal rights also subsist during the established time.
p.(None): 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,
p.(None): unless otherwise agreed. The amount of compensation is set by the parties in the act establishing the real surface right, or in subsequent agreements.
p.(None): 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.
p.(None): years, discounted depreciation.
p.(None): 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,
p.(None): without prejudice to what the parties have agreed in this regard in the constitutive act.
p.(None): ARTICLE 2128.- Rules applicable to surface property. If the surface right is exercised over an existing construction, plantation or afforestation, it will be
p.(None): 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
p.(None): compatible and are not modified by the provisions of this Title.
p.(None): TITLE VIII
p.(None): Usufruct
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): ARTICLE 2129.- Concept. Usufruct is the real right to legally use, enjoy and dispose of someone else's property, without altering its substance.
p.(None): 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.
p.(None): ARTICLE 2130.- Object. The usufruct may be exercised over the totality, over a material part or through an undivided part of the following objects:
p.(None): a) a non-expendable thing;
p.(None): b) a right, only in cases where the law provides;
p.(None): c) a fungible thing when it falls on a group of animals;
p.(None): d) all or an undivided part of an inheritance when the usufruct is of testamentary origin.
p.(None): 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.
p.(None): object on which it can fall.
p.(None): 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
p.(None): it subsists for the rest, but without the right to increase, except if the constitutive act provides otherwise.
p.(None): 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
p.(None): usufruct.
p.(None): ARTICLE 2133.- Prohibition of judicial usufruct. In no case can the judge establish a usufruct or impose its constitution.
p.(None): ARTICLE 2134.- Modes of constitution. The usufruct can be constituted:
p.(None): a) for the transmission of the use and enjoy with reserve the bare property;
p.(None): b) for the transmission of bare property with reservation of use and enjoyment;
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p.(None): 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
p.(None): with the right to increase.
p.(None): EPISODE 2
p.(None): Usufructuary rights
p.(None): ARTICLE 2141.- Fruits. Products. Natural growths. They belong to the singular or universal usufructuary:
p.(None): 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.
p.(None): quantity and quality, if you do not choose to request its extinction;
p.(None): b) the pending fruits at the time of establishing the usufruct. The earrings at the time of their extinction belong to the owner knot;
p.(None): c) the products of a holding already started at the time the usufruct was established.
p.(None): The use and enjoyment of the usufructuary extends to the accretions originated by acts of nature, without any consideration.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): usufructuary is exempt from its responsibilities vis-à-vis the bare owner.
p.(None): 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
p.(None): right to claim your payment, but you can withdraw them if the separation does not cause damage to the goods.
p.(None): ARTICLE 2144.- Execution by creditors. If the usufructuary creditor executes the usufruct right, the usufruct acquirer must give sufficient guarantee to the knot
p.(None): owner of the conservation and restitution of the assets.
p.(None): CHAPTER 3
p.(None): Obligations of the usufructuary
p.(None): 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
p.(None): the thing or the use to which it was actually affected.
p.(None): 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.
p.(None): They are not in charge of the improvements originated by aging or fortuitous event.
p.(None): The bare owner may require the usufructuary to make the improvements to which he is bound even before the usufruct is terminated.
p.(None): 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
p.(None): right.
p.(None): 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.
p.(None): ARTICLE 2148.- Taxes, rates, contributions and common expenses. The usufructuary must pay the taxes, fees, contributions and common expenses that affect
p.(None): directly to the assets object of the usufruct.
p.(None): 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
p.(None): thing. If it does not, it is responsible for all the damages suffered by the owner knot.
p.(None): 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
p.(None): status referred to in articles 2137 and 2138.
p.(None): CHAPTER 4
p.(None): Rights and duties of the proprietary node
p.(None): 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
p.(None): 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
p.(None): the severity of the disturbance.
p.(None): CHAPTER 5
p.(None): Extinction
p.(None): ARTICLE 2152.- Special extinguishing media. The special means of extinction of the usufruct are:
p.(None): 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;
p.(None): 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;
p.(None): 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;
p.(None): d) the abusive use and alteration of the judicially proven substance.
p.(None): 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.
p.(None): The usufruct ceded by the usufructuary, cannot last beyond the foreseen opportunity for the extinction of the original usufruct.
p.(None): 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
p.(None): 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,
p.(None): delivering those that have not perished.
p.(None): TITLE IX
p.(None): Use
p.(None): 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
p.(None): 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.
p.(None): The real right of use can only be established in favor of a human person.
p.(None): ARTICLE 2155.- Supplementary rules. The rules of Title VIII of this Book apply to the use, except for the particular provisions established herein.
p.(None): ARTICLE 2156.- Limitations. The user cannot constitute real rights to the thing.
p.(None): 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
p.(None): family.
p.(None): TITLE X
p.(None): Room
p.(None): 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.
p.(None): The real right of habitation can only be constituted in favor of a human person.
p.(None): ARTICLE 2159.- Supplementary rules. The rules of Title IX of this Book apply to the room, except for the particular provisions established in the
p.(None): Present.
p.(None): 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
p.(None): about the thing. It is not enforceable by creditors.
p.(None): 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
p.(None): charges, contributions and repairs pro rata of the part of the house that occupies.
p.(None): TITLE XI
p.(None): Servitude
p.(None): CHAPTER 1
p.(None): General disposition
p.(None): 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
p.(None): about the foreign servant building. The utility may be for mere recreation.
p.(None): ARTICLE 2163.- Object. The easement may have as its object all or a material part of the foreign property.
p.(None): 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
p.(None): determined abstention imposed in the title.
p.(None): ARTICLE 2165.- Real and personal servitude. Personal easement is that established in favor of a determined person without inherent property. If it is constituted
p.(None): in favor of a human person, life is presumed, if the title does not result in a shorter duration.
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p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): have more satisfactory solutions to the fundamental rights of the child.
p.(None): 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
p.(None): requirements and effects of state ownership.
p.(None): 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
p.(None): act or by the right of domicile of the author of the recognition at the time of the act.
p.(None): The ability of the author of recognition is governed by the law of his domicile.
p.(None): 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.
p.(None): ARTICLE 2634.- Recognition of filial location established abroad. Any filial location established in accordance with foreign law must be
p.(None): recognized in the Republic in accordance with the principles of Argentine public order, especially those that impose priority consideration of the best interest
p.(None): of the child.
p.(None): The principles that regulate the rules on affiliation by assisted human reproduction techniques integrate public order and must be weighed by the authority
p.(None): 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
p.(None): In this case, a decision must be taken that is in the best interest of the child.
p.(None): SECTION 6
p.(None): Adoption
p.(None): ARTICLE 2635.- Jurisdiction. In the case of children domiciled in the Republic, the Argentine judges are exclusively competent to declare in a situation of
p.(None): adoptability, the decision of the guardian for adoption purposes and for granting an adoption.
p.(None): For the annulment or revocation of an adoption, the judges of the place of granting or of the domicile of the adopted are competent.
p.(None): 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.
p.(None): 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.
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Searching for indicator usage:

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p.(None): 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
p.(None): moment of the conclusion of the contract.
p.(None): 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
p.(None): the lack of adaptation of things to what was agreed.
p.(None): The determination of whether the thing sent by the seller is adequate to the contract is made by expert arbitrators, unless otherwise stipulated.
p.(None): 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
p.(None): days of delivery of the thing. The judge designates the arbitrator.
p.(None): 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
p.(None): 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.
p.(None): 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
p.(None): contrary. If you receive it, the sale and transmission of the domain are firm in your regard.
p.(None): 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:
p.(None): a) the buyer reserves the right to prove the thing;
p.(None): b) the sale is agreed or is, according to the usage, "to the satisfaction of the buyer".
p.(None): 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
p.(None): Buyer pays the price without reservation or lets the period elapse without speaking.
p.(None): ARTICLE 1161.- General dissemination clauses in international uses. The clauses that have diffusion in international uses are presumed to be used with the
p.(None): meaning that they are assigned such uses, even if the sale is not international, provided that the circumstances do not prove otherwise.
p.(None): 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
p.(None): 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
p.(None): 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
p.(None): sold is already proven.
p.(None): 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.
p.(None): SECTION 7
p.(None): Some clauses that can be added to the sale contract
p.(None): 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
p.(None): against restitution of the price, with the agreed excess or decrease.
p.(None): The contract subject to this pact is governed by the rules of the sale subject to a condition of resolution.
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Health / Mentally Disabled

Searching for indicator disabled:

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p.(None): b) whoever contracted with him was in bad faith;
p.(None): c) the act is free of charge.
p.(None): ARTICLE 46.- Deceased person. After his death, inter-alive acts prior to the registration of the sentence cannot be challenged, except that the
p.(None): 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
p.(None): act is free of charge, or that it is proven that whoever contracted with it acted in bad faith.
p.(None): 4th paragraph
p.(None): Cessation of disability and restrictions on capacity
p.(None): 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
p.(None): Interdisciplinary team integrated in accordance with the guidelines of article 37, which rules on the reinstatement of the person.
p.(None): 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.
p.(None): 5th paragraph
p.(None): Disabled
p.(None): 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.
p.(None): 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
p.(None): 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
p.(None): corresponds to the spouse, partner and the ancestors and descendants.
p.(None): ARTICLE 49.- Effects. The declaration of disqua