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Summary of Contents PROVISIONS ON THE LAW IN GENERAL CHAPTER I SOURCES OF LAW CHAPTER II APPLICATION OF THE LAW IN GENERAL BOOK ONE PERSONS AND THE FAMILY CHAPTER I GENERAL PROVISIONS CHAPTER II ASSOCIATIONS AND FOUNDATIONS CHAPTER III NON-RECOGNIZED ASSOCIATIONS AND COMMITTEES CHAPTER I ABSENCE CHAPTER II DECLARATION OF PRESUMED DEATH CHAPTER III POSSIBLE RIGHTS PERTAINING TO PERSONS WHOSE EXISTENCE IS NOT KNOWN OR WHOSE DEATH HAS BEEN DECLARED CHAPTER I PROMISE OF MARRIAGE CHAPTER II MARRIAGE CELEBRATED BEFORE MINISTERS OF THE CATHOLIC RELIGION AND MARRIAGE CELEBRATED BEFORE MINISTERS OF OTHER RELIGIONS PERMITTED WITHIN THE STATE CHAPTER III MARRIAGE CELEBRATED BEFORE VITAL STATISTICS OFFICER CHAPTER IV RIGHTS AND DUTIES ARISING OUT OF MARRIAGE CHAPTER V DISSOLUTION OF MARRIAGE AND SEPARATION OF SPOUSES CHAPTER VI PATRIMONIAL SYSTEM IN THE FAMILY xv http://www.pbookshop.com

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Page 1: FRCIVC August 18, 20 · CHAPTER III MODES OF ACQUISITION OF OWNERSHIP CHAPTER IV ACTIONS FOR PROTECTION OF OWNERSHIP ... CHAPTER VII CERTAIN TYPES OF OBLIGATION CHAPTER I PRELIMINARY

Summary of Contents

PROVISIONS ON THE LAW IN GENERAL

CHAPTER I SOURCES OF LAW

CHAPTER II APPLICATION OF THE LAW IN GENERAL

BOOK ONE PERSONS AND THE FAMILY

CHAPTER I GENERAL PROVISIONS

CHAPTER II ASSOCIATIONS AND FOUNDATIONS

CHAPTER III NON-RECOGNIZED ASSOCIATIONS ANDCOMMITTEES

CHAPTER I ABSENCE

CHAPTER II DECLARATION OF PRESUMED DEATH

CHAPTER III POSSIBLE RIGHTS PERTAINING TOPERSONS WHOSE EXISTENCE IS NOT KNOWN ORWHOSE DEATH HAS BEEN DECLARED

CHAPTER I PROMISE OF MARRIAGE

CHAPTER II MARRIAGE CELEBRATED BEFOREMINISTERS OF THE CATHOLIC RELIGION ANDMARRIAGE CELEBRATED BEFORE MINISTERS OFOTHER RELIGIONS PERMITTED WITHIN THE STATE

CHAPTER III MARRIAGE CELEBRATED BEFORE VITALSTATISTICS OFFICER

CHAPTER IV RIGHTS AND DUTIES ARISING OUT OFMARRIAGE

CHAPTER V DISSOLUTION OF MARRIAGE ANDSEPARATION OF SPOUSES

CHAPTER VI PATRIMONIAL SYSTEM IN THE FAMILY

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CHAPTER I LEGITIMATE FILIATION

CHAPTER II NATURAL FILIATION ANDLEGITIMATION(43)

CHAPTER I ADOPTION OF PERSONS OF AGE AND ITSEFFECTS(53)

CHAPTER II FORMALITIES OF ADOPTION OFPERSONS OF AGE(61)(62)

CHAPTER III SPECIAL ADOPTION(67)

CHAPTER I GUARDIANSHIP OF MINORS

CHAPTER II EMANCIPATION

CHAPTER I OF THE SUPPORT ADMINISTRATION

CHAPTER II OF THE INTERDICTION AND OF THENATURAL INCAPACITY

BOOK TWO SUCCESSION

CHAPTER I OPENING OF SUCCESSION, DEVOLUTION,AND ACQUISITION OF INHERITANCE

CHAPTER II CAPACITY TO SUCCEED

CHAPTER III UNWORTHINESS

CHAPTER IV REPRESENTATION

CHAPTER V ACCEPTANCE OF INHERITANCE

CHAPTER VI SEPARATION OF PROPERTY OFDECEASED FROM THAT OF HEIR

CHAPTER VII RENUNCIATION OF INHERITANCE

CHAPTER VIII UNCLAIMED INHERITANCE

CHAPTER IX PETITION OF HEIRSHIP

CHAPTER X FORCED HEIRS

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CHAPTER I SUCCESSION BY RELATIVES(14)

CHAPTER II(17) SUCCESSION FROM SPOUSE

CHAPTER III SUCCESSION BY STATE

CHAPTER I GENERAL PROVISIONS

CHAPTER II CAPACITY TO DISPOSE BY WILL

CHAPTER III CAPACITY TO TAKE BY WILL

CHAPTER IV FORM OF WILL

CHAPTER V INSTITUTION OF HEIRS AND LEGACIES

CHAPTER VI SUBSTITUTIONS

CHAPTER VII TESTAMENTARY EXECUTORS

CHAPTER I GENERAL PROVISIONS

CHAPTER II COLLATION

CHAPTER III PAYMENT OF DEBTS

CHAPTER IV EFFECTS OF PARTITION ANDGUARANTEE OF SHARES

CHAPTER V ANNULMENT AND RESCISSION INPARTITION MATTERS

CHAPTER V-bis OF THE FAMILY PACT(27)

CHAPTER I GENERAL PROVISIONS

CHAPTER II CAPACITY TO DISPOSE AND RECEIVE BYGIFT

CHAPTER III FORM AND EFFECTS OF GIFT

CHAPTER IV REVOCATION OF GIFTS

BOOK THREE PROPERTY RIGHTS

CHAPTER I PROPERTY IN GENERAL

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CHAPTER II PROPERTY BELONGING TO THE STATE,TO PUBLIC BODIES AND TO ECCLESIASTICALINSTITUTIONS

CHAPTER I GENERAL PROVISIONS

CHAPTER II OWNERSHIP OF LAND

CHAPTER III MODES OF ACQUISITION OFOWNERSHIP

CHAPTER IV ACTIONS FOR PROTECTION OFOWNERSHIP

CHAPTER I USUFRUCT

CHAPTER II USE AND HABITATION

CHAPTER I GENERAL PROVISIONS

CHAPTER II COMPULSORY SERVITUDES

CHAPTER III VOLUNTARY SERVITUDES

CHAPTER IV SERVITUDES ACQUIRED BYUSUCAPTION AND BY DESTINATION BY HEAD OFFAMILY

CHAPTER V EXERCISE OF SERVITUDES

CHAPTER VI EXTINGUISHMENT OF SERVITUDES

CHAPTER VII ACTIONS FOR PROTECTION OFSERVITUDES

CHAPTER VIII CERTAIN SERVITUDES RELATIVE TOWATER

CHAPTER I COMMON OWNERSHIP IN GENERAL

CHAPTER II CONDOMINIUM IN BUILDINGS

CHAPTER I GENERAL PROVISIONS

CHAPTER II EFFECTS OF POSSESSION

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CHAPTER III ACTIONS FOR DEFENCE OF POSSESSION

BOOK FOUR OBLIGATIONS

CHAPTER I PRELIMINARY PROVISIONS

CHAPTER II PERFORMANCE OF OBLIGATIONS

CHAPTER III NON-PERFORMANCE OF OBLIGATIONS

CHAPTER IV OTHER WAYS, BESIDES PERFORMANCE,OF EXTINGUISHING OBLIGATIONS

CHAPTER V ASSIGNMENT OF CLAIMS

CHAPTER VI DELEGATION, EXPROMISSION, ANDASSUMPTION OF DEBT

CHAPTER VII CERTAIN TYPES OF OBLIGATION

CHAPTER I PRELIMINARY PROVISIONS

CHAPTER II REQUISITES OF CONTRACT

CHAPTER III CONTRACT CONDITIONS

CHAPTER IV INTERPRETATION OF CONTRACT

CHAPTER V EFFECTS OF THE CONTRACT

CHAPTER VI REPRESENTATION

CHAPTER VII CONTRACTS FOR PERSONS TO BENAMED

CHAPTER VIII ASSIGNMENT OF CONTRACT

CHAPTER IX CONTRACT IN FAVOR OF THIRDPERSONS

CHAPTER X SIMULATION

CHAPTER XI NULLITY OF CONTRACT

CHAPTER XII VOIDABLE CONTRACTS

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CHAPTER XIII RESCISSION OF THE CONTRACT

CHAPTER XIV DISSOLUTION OF CONTRACT

CHAPTER XIV-bis CONSUMERS' CONTRACTS(5)

CHAPTER I SALE

CHAPTER II RIPORTO

CHAPTER III EXCHANGE

CHAPTER IV CONTRACT FOR SALE OR RETURN

CHAPTER V SUPPLY CONTRACTS

CHAPTER VI LEASE(°)

CHAPTER VII INDEPENDENT CONTRACT

CHAPTER VIII CONTRACT OF CARRIAGE

CHAPTER IX MANDATE

CHAPTER X CONTRACT OF AGENCY

CHAPTER XI BROKERAGE

CHAPTER XII DEPOSIT

CHAPTER XIII CONTRACTUAL SEQUESTRATION

CHAPTER XIV COMODATO

CHAPTER XV MUTUO

CHAPTER XVI CURRENT ACCOUNT

CHAPTER XVII BANKING CONTRACTS

CHAPTER XVIII PERPETUAL ANNUITY

CHAPTER XIX LIFE ANNUITY

CHAPTER XX INSURANCE

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CHAPTER XXI GAMBLING AND WAGERING

CHAPTER XXII SURETYSHIP

CHAPTER XXIII MANDATE TO GRANT CREDIT

CHAPTER XXIV ANTICHRESIS

CHAPTER XXV COMPROMISE

CHAPTER XXVI ASSIGNMENT FOR BENEFIT OFCREDITORS

CHAPTER I GENERAL PROVISIONS

CHAPTER II BEARER INSTRUMENTS

CHAPTER III INSTRUMENTS TO ORDER

CHAPTER IV INSTRUMENTS IN REGISTERED FORM

BOOK FIVE LABOR

CHAPTER I GENERAL PROVISIONS

CHAPTER II CORPORATIVE ORDINANCES ANDCOLLECTIVE ECONOMIC AGREEMENTS(1)

CHAPTER III COLLECTIVE LABOR AGREEMENTS ANDEQUIVALENT CORPORATIVE NORMS

CHAPTER I ENTERPRISE IN GENERAL

CHAPTER II AGRICULTURAL ENTERPRISE

CHAPTER III BUSINESS ENTERPRISES AND OTHERENTERPRISES SUBJECT TO REGISTRATION

CHAPTER I GENERAL PROVISIONS

CHAPTER II INTELLECTUAL PROFESSIONS

CHAPTER I GENERAL PROVISIONS

CHAPTER II DOMESTIC LABOR

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CHAPTER I GENERAL PROVISIONS

CHAPTER II INFORMAL PARTNERSHIP

CHAPTER III GENERAL PARTNERSHIP

CHAPTER IV LIMITED PARTNERSHIP

CHAPTER V(♦) JOINT STOCK COMPANIES

CHAPTER VI(♦) LIMITED PARTNERSHIP BY SHARES

CHAPTER VII(♦) LIMITED LIABILITY COMPANIES

CHAPTER VIII(♦) DISSOLUTION AND LIQUIDATION OFLIMITED LIABILITY COMPANY

CHAPTER IX(♦) DIRECTION AND COORDINATION OFTHE COMPANY

CHAPTER X(♦) REORGANIZATION ANDCONSOLIDATION OR MERGER AND SPLIT-UP OFCOMPANIES

CHAPTER XI(♦) COMPANIES FORMED ABROAD

CHAPTER I(♦) COOPERATIVE SOCIETIES

CHAPTER II MUTUAL INSURANCE COMPANIES

CHAPTER I GENERAL PROVISIONS

CHAPTER II BUSINESS NAME

CHAPTER III TRADEMARKS

CHAPTER I COPYRIGHT IN INTELLECTUAL,LITERARY, AND ARTISTIC WORKS

CHAPTER II(73) PATENT RIGHTS FOR INDUSTRIALINVENTIONS

CHAPTER III(96) PATENT RIGHTS FOR IMPROVEMENTPROCESSES AND FOR ORNAMENTAL MODELS ANDDESIGNS

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CHAPTER I REGULATION OF COMPETITION

CHAPTER II SYNDICATES FOR COORDINATION OFPRODUCTION AND EXCHANGE

CHAPTER I OF FALSITY

CHAPTER II OF OFFENCES MADE BY DIRECTORS

CHAPTER III OF OFFENCES MADE THROUGHOMISSIONS

CHAPTER IV OF OTHER OFFENCES, OF MITIGATINGFACTORS AND OF THE SECURITY ASSET MEASURES

BOOK SIX PROTECTION OF RIGHTS

CHAPTER I TRANSCRIPTION OF ACTS CONCERNINGIMMOVABLES

CHAPTER II PUBLICITY OF IMMOVABLE PROPERTYRECORDS AND LIABILITY OF THE KEEPERS

CHAPTER III TRANSCRIPTIONS OF INSTRUMENTSCONCERNING CERTAIN MOVABLES

CHAPTER I GENERAL PROVISIONS

CHAPTER II DOCUMENTARY EVIDENCE

CHAPTER III PROOF BY WITNESSES

CHAPTER IV PRESUMPTIONS

CHAPTER V CONFESSION

CHAPTER VI JUDICIAL OATHS

CHAPTER I GENERAL PROVISIONS

CHAPTER II PRIVILEGES

CHAPTER III PLEDGE

CHAPTER IV MORTGAGES

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CHAPTER V MEASURES TO PROTECT CREDITOR'SEXPECTATION OF RECOVERY FROM DEBTOR'SASSETS

CHAPTER I GENERAL PROVISIONS

CHAPTER II ENFORCEMENT PROCEEDINGS

CHAPTER I PRESCRIPTION

CHAPTER II FORFEITURE

CHAPTER I GENERAL PROVISIONS

CHAPTER II DECLARATION OF ADOPTABILITY

CHAPTER III PREADOPTIVE ENTRUSTMENT

CHAPTER IV DECLARATION OF ADOPTION

CHAPTER I ADOPTION OF FOREIGN MINORS

CHAPTER II EXPATRIATION OF MINORS FORPURPOSES OF ADOPTION

CHAPTER I ADOPTION IN PARTICULAR CASES ANDITS EFFECTS

CHAPTER II FORMS OF ADOPTION IN PARTICULARCASES

CHAPTER III CONSOLIDATED ACCOUNTS

CHAPTER IV TRANSIENT AND FINAL PROVISIONS

CHAPTER I ESTABLISHMENT OF THE AUTHORITY

CHAPTER II POWERS OF THE AUTHORITY INMATTERS OF UNDERSTANDINGS RESTRICTINGFREEDOM OF COMPETITION AND OF ABUSES OF ADOMINANT POSITION

CHAPTER III POWERS OF THE AUTHORITY WITHRESPECT TO THE PROHIBITION OF CONCENTRATIONOPERATIONS

CHAPTER IV SPECIAL PROVISIONS

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CHAPTER I GENERAL PROVISIONS

CHAPTER II CAPACITY AND RIGHTS OF INDIVIDUALS

CHAPTER III LEGAL PERSONS

CHAPTER IV FAMILY RELATIONSHIPS

CHAPTER V ADOPTION

CHAPTER VI PROTECTION OF INCAPABLE PERSONSAND SUPPORT OBLIGATIONS

CHAPTER VII SUCCESSIONS

CHAPTER VIII REAL RIGHTS

CHAPTER IX GIFTS

CHAPTER X CONTRACTUAL OBLIGATIONS

CHAPTER XI NON-CONTRACTUAL OBLIGATIONS

Index

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Table of ContentsPROVISIONS ON THE LAW IN GENERAL

CHAPTER I SOURCES OF LAW1 Indication of sources.2 Statutes.3 Regulations.4 Limits of regulative authority.5 Corporative norms.6 Formation and e�ect of corporative norms.7 Limits of corporative authority.8 Usage.9 Collections of usage.

CHAPTER II APPLICATION OF THE LAW IN GENERAL10 Commencement of obligatory e�ect of statutes and

regulations.11 Temporal e�ect of statutes.12 Interpretation of statutes.13 Prohibition of analogic application of corporative norms.14 Application of penal and exceptional statutes.15 Abrogation of statutes.16 Treatment of aliens.17 — 31 (Repealed)(1)

BOOK ONE PERSONS AND THE FAMILY

TITLE I NATURAL PERSONS1 Legal capacity.2 Majority. Capacity to act.3 (Repealed).(2)

4 Simultaneous death.5 Acts of disposition of one's body.6 Right to name.7 Protection of right to name.8 Protection of name for family reasons.9 Protection of pseudonyms.10 Abuse of another person's likeness.

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TITLE II LEGAL PERSONS

CHAPTER I GENERAL PROVISIONS11 Public legal persons.12 (Repealed).(3)

13 Companies.

CHAPTER II ASSOCIATIONS AND FOUNDATIONS14 Founding act.15 Revocation of founding act of foundation.16 Founding act and by-laws. Amendments.17 (Repealed).(4)

18 Liability of administrators.19 Limitations on power of representation.20 Convocation of meeting of association.21 Resolutions of meeting.22 Actions to enforce liability of administrators.23 Annulment and suspension of resolutions.24 Withdrawal and expulsion of members.25 Control over administration of foundations.26 Coordination of activities and consolidation of administration.27 Extinguishment of legal person.28 Modi�cation of foundations.29 Prohibition of new transactions.30 Liquidation.31 Transfer of assets.32 Disposition of assets having special destination.33 (Repealed).(6)

34 (Repealed).(6)

35 Penal provision.

CHAPTER III NON-RECOGNIZED ASSOCIATIONS ANDCOMMITTEES36 Organization and management of non-recognized associations.37 Common assets.38 Obligations.39 Committees.40 Liability of organizers.41 Liability of members. Representation in court.42 Di�erent destination of funds.

TITLE III DOMICILE AND RESIDENCE43 Domicile and residence.44 Change of residence and domicile.45 Domicile of spouses, minors and interdicted persons.

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46 Legal address of legal persons.47 Election of domicile.

TITLE IV ABSENCE AND DECLARATION OFPRESUMED DEATH

CHAPTER I ABSENCE48 Curator of missing person.49 Declaration of absence.50 Admission to provisional possession of property.51 Maintenance allowance in favor of spouse of absentee.52 E�ects of admission to provisional possession.53 Enjoyment of property.54 Limitation on disposability of property.55 Admission of others to provisional possession.56 Return of absentee or proof of his existence.57 Proof of death of absentee.

CHAPTER II DECLARATION OF PRESUMED DEATH58 Declaration of presumed death of absentee.59 Time-limit for renewal of request.60 Other cases of declaration of presumed death.61 Date of presumed death.62 Conditions and forms of declaration of presumed death.63 E�ects of declaration of presumed death of absentee.64 Admission to possession and inventory.65 Remarriage of spouse.66 Proof of existence of person whose presumed death has been

declared.67 Declaration of existence or ascertainment of death.68 Nullity of subsequent marriage.

CHAPTER III POSSIBLE RIGHTS PERTAINING TOPERSONS WHOSE EXISTENCE IS NOT KNOWN ORWHOSE DEATH HAS BEEN DECLARED69 Rights pertaining to person whose existence is not known.70 Inheritance to which person whose existence is not known would

be entitled.71 Extinguishment of rights pertaining to person whose existence is

not known.72 Inheritance to which person whose presumed death has been

declared would be entitled.73 Extinguishment of rights pertaining to person whose presumed

death has been declared.

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TITLE V CONSANGUINITY AND AFFINITY74 Consanguinity.75 Lines of consanguinity.76 Computation of degrees.77 Limitations on consanguinity.78 A�nity.

TITLE VI MARRIAGE

CHAPTER I PROMISE OF MARRIAGE79 E�ects.80 Restitution of gifts.81 Compensation for damages.

CHAPTER II MARRIAGE CELEBRATED BEFOREMINISTERS OF THE CATHOLIC RELIGION ANDMARRIAGE CELEBRATED BEFORE MINISTERS OFOTHER RELIGIONS PERMITTED WITHIN THE STATE82 Marriage celebrated before ministers of the Catholic religion.83 Marriage celebrated before ministers of other religions permitted

within the State.

CHAPTER III MARRIAGE CELEBRATED BEFORE VITALSTATISTICS OFFICER

Section I Conditions Necessary to Contract Marriage

84 Age.85 Interdiction because of mental in�rmity.86 Freedom from previous marriages.87 Consanguinity, adoption and a�liation.88 Crime.89 Temporary prohibition of new marriage.90 Assistance to minors.91 (Repealed).92 (Repealed).

Section II Preliminary Formalities of Marriage93 Publication.94 Place of publication.95 (Repealed).(19)

96 Applicability for publication.97 (Repealed).(19)

98 Denial of the publication.99 Time limit for celebration of marriage.100 Reduction of period and omission of publication.101 Marriage in imminent danger of death.

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Section III Opposition to Marriage102 Persons entitled to oppose.103 Statement of opposition.104 E�ects of opposition.105 (Repealed).

Section IV Celebration of Marriage106 Place of celebration.107 Form of the celebration.108 Prohibition of terms and conditions.109 Celebration in di�erent commune.110 Celebration outside town hall.111 Celebration by proxy.112 Refusal to celebrate marriage.113 Marriages celebrated before person having apparent authority of

vital statistics o�cer.114 (Repealed).

Section V Marriages of Italian Nationals in a ForeignCountry and Aliens in the State

115 Marriages of Italian nationals in foreign countries.116 Marriage of an alien in the State.

Section VI Nullity of Marriage117 Marriage contracted in violation of Articles 84, 86, 87 and 88.118 (Repealed).(16)

119 Interdiction.120 Incapability of understanding or intending.121 (Repealed).(16)

122 Duress and mistake.123 Simulation.124 Bond of previous marriage.125 Action by the public prosecutor.126 Separation of spouses pending judgment.127 Non-inheritability of action.128 Putative marriage.129 Rights of spouses in good faith.129-bis Responsibility of the spouses in bad faith and of a third

person.Section VII Proof of Celebration of Marriage

130 Record of celebration of marriage.131 Claim of marital status.132 Lack of record of celebration.133 Proof of celebration contained in penal judgment.

Section VIII Penal Provisions134 Omission of publication.135 Publication without application or without documents.136 Impediments known to vital statistics o�cer.137 Lack of competence of vital statistics o�cer. Absence of

witnesses.

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138 Other infractions.139 Causes of nullity known to one spouse.140 Non-observance of a period of mourning by widow.141 Competence.142 Limits of applicability of the preceding provisions.

CHAPTER IV RIGHTS AND DUTIES ARISINGOUT OF MARRIAGE143 Mutual rights and duties of spouses.143-bis Surname of wife.143-ter (Repealed).(22)

144 Pattern of family life and residence of family.145 Intervention of the court.146 Leaving the family residence.147 Duties to the children.148 Sharing in burdens.

CHAPTER V DISSOLUTION OF MARRIAGEAND SEPARATION OF SPOUSES149 Dissolution of marriage.150 Personal separation.151 Judicial separation.152 (Repealed).(23)

153 (Repealed).(23)

154 Reconciliation.155 Provisions regarding children.155-bis Custody of one parent only and the challenging of

joint custody.155-ter Changes to the terms of custody of children.155-quarter Attribution of the family house and requirements of

domicile.155-quinquies Decisions in favor of children of major age.155-sexies Powers of the judge and hearing of the minor.156 E�ects of separation on patrimonial relations between

the spouses.156-bis Surname of wife.157 Termination of e�ects of separation.158 Consensual separation.

CHAPTER VI PATRIMONIAL SYSTEM IN THEFAMILY

Section I General Provisions

159 Legal patrimonial system between the spouses.160 Inderogable rights.161 Generic reference to laws or usage.

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162 Form of marriage agreements.163 Amendments to marriage agreements.164 Simulation of marriage agreements.165 Capacity of minors.166 Capacity of disabled persons.166-bis Prohibition of constitution of dowry.

Section II Patrimonial Fund(30)

167 Constitution of patrimonial fund.168 Use and administration of the fund.169 Alienation of property in the fund.170 Execution on property and fruits.171 Termination of fund.172 (Repealed).(31)

173 (Repealed).(31)

174 (Repealed).(31)

175 (Repealed).(31)

176 (Repealed).(31)

Section III Common Ownership of Property by Law(32)

177 Property included in common ownership.178 Property destined for the operation of an enterprise.179 Individual property.180 Administration of property in common ownership.181 Refusal of consent.182 Administration entrusted to one of the spouses only.183 Exclusion from administration.184 Acts performed without the necessary consent.185 Administration of the individual property of the spouse.186 Obligations a�ecting property in common ownership.187 Obligations contracted by the spouses before marriage.188 Obligations deriving from gifts or successions.189 Obligations contracted separately by the spouses.190 Subordinate liability of individual property.191 Dissolution of common ownership.192 Reimbursements and repayments.193 Judicial separation of property.194 Division of property in common ownership.195 Taking of movable property.196 Reclamation of value in case of lack of the things to be

taken.197 Limitations to the taking vis-à-vis third persons.198.-209 (Repealed).(33)

Section IV Common Ownership of Property byAgreement(34)

210 Modi�cations by agreement to common ownership ofproperty by law.

211 Obligations of the spouses contracted before marriage.

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212.-214 (Repealed).(35)

Section V System of Separation of Property(36)

215 Separation of property.216 (Repealed).(36)

217 Administration and enjoyment of property.218 Obligations of the spouse who enjoys the property of the

other spouse.219 Proof of ownership of property.220.-230 (Repealed).(37)

Section VI(38) Family Enterprise230-bis Family enterprise.

TITLE VII FILIATION

CHAPTER I LEGITIMATE FILIATIONSection I Status of Legitimate Child

231 Paternity of husband.232 Presumption of conception during marriage.233 Child born before lapse of one hundred and eighty days.234 Child born after three hundred days.235 Disclaimer of paternity.

Section II Proof of Legitimate Filiation236 Record of birth and possession of status.237 Facts constituting possession of status.238 Record of birth in conformity with possession of status.239 Simulated report of childbirth or substitution of newly-born child.240 Lack of record of marriage.241 Proof by witnesses.242 Prima facie written evidence.243 Proof to the contrary.

Section III Action to Disown and Actions to Contest and toClaim Legitimacy

244 Time limit for action to disclaim paternity.245 Suspension of term.246 Transmissibility of action.247 Defendants.248 Eligibility to bring action to contest legitimacy. No prescription.249 Claim of legitimacy.

CHAPTER II NATURAL FILIATION ANDLEGITIMATION(43)

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Section I Natural Filiation(44)

§ 1 ACKNOWLEDGMENT OF NATURALCHILDREN250 Acknowledgment.251 Acknowledgment of incestuous children.252 Custody of natural child and his insertion in the legitimate

family.253 Inadmissibility of acknowledgment.254 Form of acknowledgment.255 Acknowledgment of predeceased child.256 Irrevocability of acknowledgment.257 Limiting clauses.258 E�ects of acknowledgment.259 (Repealed).(47)

260 (Repealed).(47)

261 Rights and duties deriving to the parent from acknowledgment.262 Surname of child.263 Acknowledgment challenged on grounds of lack of veracity.264 Acknowledgment challenged by person who has been

acknowledged.265 Acknowledgment challenged on grounds of duress.266 Acknowledgment challenged on grounds of judicial interdiction.267 Transmissibility of action.268 Provisions pending judicial proceedings.

§ 2 JUDICIAL DECLARATION OF NATURALPATERNITY AND OF NATURAL MATERNITY269 Judicial declaration of paternity and maternity.270 Eligibility to bring action and time limit.271 (Repealed).(49)

272 (Repealed).(49)

273 Action instituted on behalf of minor or interdicted person.274 Admissibility of action.275 (Repealed).(50)

276 Defendant.277 E�ects of judgment.278 Investigations into paternity or maternity.279 Responsibility for maintenance and education.

Section II Legitimation of Natural Children280 Legitimation.281 Prohibition of legitimation.282 Legitimation of predeceased children.283 E�ects and e�ective date of legitimation by subsequent marriage.284 Legitimation by provision of the judge.285 Conditions for legitimation after death of parents.

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286 Legitimation applied for by ascendant.287 Legitimation on the basis of proxy for marriage.288 Procedure.289 Actions available after legitimation.290 E�ects and e�ective date of legitimation by provision of the

judge.

TITLE VIII ADOPTION OF PERSONS OF AGE(52)

CHAPTER I ADOPTION OF PERSONS OF AGEAND ITS EFFECTS(53)

291 Requirements.292 (Repealed).(55)

293 Prohibition of adoption of children born outside of marriage.294 Plurality of adopted or adopting persons.295 Adoption by guardian.296 Consent for adoption.297 Assent of spouse and of parents.298 E�ective date of adoption.299 Surname of adopted person.300 Rights and duties of adopted person.301 (Repealed).(59)

302 (Repealed).(59)

303 (Repealed).(59)

304 Rights of succession.305 Revocation of adoption.306 Revocation for unworthiness of adopted person.307 Revocation for unworthiness of adopting person.308 (Repealed).(59)

309 E�ective date of revocation.310 (Repealed).(59)

CHAPTER II FORMALITIES OF ADOPTION OFPERSONS OF AGE(61)(62)

311 Manifestation of consent.312 Veri�cation by the tribunal.313 Ruling of tribunal.314 Publicity.

CHAPTER III SPECIAL ADOPTION(67)

TITLE IX PARENTAL AUTHORITY(68)

315 Duties of child to parents.316 Exercise of parental authority.317 Impediment of one of the parents.

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317-bis Exercise of authority.318 Abandonment of parental home.319 (Repealed).(70)

320 Representation and administration.321 Appointment of a special curator.322 Non-observance of preceding provisions.323 Acts prohibited to parents.324 Legal usufruct.325 Duties inherent in legal usufruct.326 Inalienability of legal usufruct. Levying of execution on

fruits.327 Legal usufruct of one parent only.328 New marriage.329 Enjoyment of property after cessation of legal usufruct.330 Forfeiture of authority over children.331 (Repealed).(71)

332 Restoration of authority.333 Conduct of parent prejudicial to the children.334 Removal from administration.335 Reinstatement in administration.336 Procedure.337 Vigilance by guardianship judge.338 (Repealed).(72)

339 (Repealed).(72)

340 (Repealed).(72)

341 (Repealed).(72)

342 (Repealed).(72)

TITLE IX-BIS ORDERS OF PROTECTIONAGAINST FAMILY ABUSES(73)

342-bis Orders of protection against family abuses.342-ter Content of the orders of protection.

TITLE X GUARDIANSHIP AND EMANCIPATION

CHAPTER I GUARDIANSHIP OF MINORS343 Opening of guardianship.

Section I Guardianship Judge344 Functions of guardianship judge.

Section II Guardian and Deputy Guardian345 Report to guardianship judge.346 Appointment of guardian and deputy guardian.347 Guardianship of brothers.348 Choice of guardian.349 Oath of guardian.350 Incapacity for guardianship.

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351 Exemption from guardianship.352 Exemption on request.353 Request for exemption.354 Guardianship entrusted to welfare institutions.355 Deputy guardian.356 Gift or testamentary provision in favor of minor.

Section III Exercise of Guardianship357 Functions of guardian.358 Duties of minor.359 (Repealed).(75)

360 Functions of deputy guardian.361 Urgent provisions.362 Inventory.363 Preparation of inventory.364 Contents of inventory.365 Inventory of businesses.366 Property administered by special curator.367 Declaration of debts and claims of guardian.368 Omission of declaration.369 Deposit of securities and valuables.370 Administration before inventory.371 Provisions relating to rearing of minor and to administration.372 Investment of capital.373 Bearer securities.374 Authorization of guardianship judge.375 Authorization of tribunal.376 Sale of property.377 Acts performed without observing provisions of preceding

articles.378 Acts prohibited to guardian and deputy guardian.379 Guardianship gratuitous.380 Accounting of administration.381 Bond.382 Liability of guardian and deputy guardian.

Section IV Discharge of Guardian from O�ce383 Exoneration from o�ce.384 Removal and suspension of guardian.

Section V Rendering of Final Accounting385 Final accounting.386 Approval of accounting.387 Prescription of actions relating to guardianship.388 Prohibition of agreements before approval of accounting.389 Register of guardianship.

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CHAPTER II EMANCIPATION390 Emancipation by operation of law.391 (Repealed).(76)

392 Curator of emancipated person.393 Incapacity or removal of curator.394 Capacity of emancipated person.395 Consent refused by curator.396 Non-observance of preceding provisions.397 Emancipated person authorized to operate business enterprise.398 (Repealed).(76)

399 (Repealed).(76)

TITLE XI AFFILIATION AND CUSTODY(78)

400 Provisions governing the care of minors.401 Limits of applicability of provisions.402 Guardianship authority of welfare institutions.403 Intervention of public authority in favor of minors.

TITLE XII OF THE MEASURES FOR THEPROTECTION OF THE PARTIALLY ORENTIRELY DEPENDENT PERSONS(80) (80-bis)

CHAPTER I OF THE SUPPORTADMINISTRATION404 Support administration.405 Decree of appointment of the support administrator.406 Subjects.407 Proceeding.408 Identi�cation of the support administrator.409 E�ects of the support administration.410 Duties of the support administrator.411 Rules applicable to the support administrator.412 Actions adopted by the bene�ciary or by the support

administrator in breach of provisions of law or of the rulings ofthe guardianship judge.

413 Revocation of the support administrator.

CHAPTER II OF THE INTERDICTION AND OFTHE NATURAL INCAPACITY414 Persons who may be interdicted.415 Persons who can be declared disabled.416 Interdiction and disability in last year before majority.417 Petition for interdiction or for disability.418 Powers of judicial authority.419 Taking of evidence and provisional rulings.

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420 (Repealed).(81)

421 E�ective date of interdiction or disability.422 Termination of provisional guardian or curator.423 Publication.424 Guardianship of interdict and curatorship of disabled person.425 Operation of commercial enterprise by disabled person.426 Duration in o�ce.427 Acts performed by interdict or disabled person.428 Acts performed by persons incapable of understanding and

intending.429 Revocation of interdiction and of disability.430 Publicity.431 E�ective date of judgment of revocation.432 Disability in proceedings for revocation of interdiction.

TITLE XIII SUPPORT433 Persons bound.434 Cessation of obligation among persons related by a�nity.435 (Repealed).(16)

436 Obligation between adopting and adopted person.437 Obligation of donee.438 Measure of support.439 Measure of support between brothers and sisters.440 Cessation, reduction, and increase of support.441 Joint liability for support.442 When more than one person has concurrent right to support.443 Manner of furnishing support.444 Compliance with obligation for support.445 Running date of support.446 Provisional allowance.447 Inadmissibility of assignment or compensation.448 Cessation because of death of person owing support.

TITLE XIV VITAL STATISTICS RECORDS449 Registers of vital statistics.450 Publicity of registers of vital statistics.451 Probative e�ect of records.452 Absence, destruction or loss of registers.453 Notations.454 (Repealed).(82)

455 Validity of judgment of correction.

BOOK TWO SUCCESSION

TITLE I GENERAL PROVISIONS ONSUCCESSION

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CHAPTER I OPENING OF SUCCESSION,DEVOLUTION, AND ACQUISITION OFINHERITANCE456 Opening of succession.457 Devolution of inheritance.458 Prohibition of succession agreements.459 Acquisition of inheritance.460 Rights of person called before acceptance.461 Reimbursement of expenses sustained by heir.

CHAPTER II CAPACITY TO SUCCEED462 Capacity of physical persons.

CHAPTER III UNWORTHINESS463 Cases of unworthiness.464 Restitution of fruits.465 Unworthiness of parent.466 Rehabilitation of unworthy person.

CHAPTER IV REPRESENTATION467 Notion.468 Subjects.469 Extension of right of representation.

CHAPTER V ACCEPTANCE OF INHERITANCESection I General Provisions

470 Acceptance pure and simple and acceptance with bene�t ofinventory.

471 Inheritances devolving on minors or interdicted persons.472 Inheritance devolving on emancipated minors or disabled

persons.473 Inheritance devolving on legal persons.474 Methods of acceptance.475 Express acceptance.476 Tacit acceptance.477 Donation, sale and assignment of rights of succession.478 Renunciation that imports acceptance.479 Transmission of right of acceptance.480 Prescription.481 Establishment of term for acceptance.482 Impugnation for violence or fraud.483 Impugnation for mistake.

Section II Bene�t of Inventory484 Acceptance with bene�t of inventory.485 Person called to inheritance who is in possession of property.

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486 Powers.487 Person called to inheritance who is not in possession of property.488 Declaration in case of term �xed by court.489 Persons lacking capacity.490 E�ects of bene�t of inventory.491 Responsibility of heir in administration.492 Guarantee.493 Alienation of inherited property without authorization.494 Omissions and inaccuracies in inventory.495 Payment of creditors and legatees.496 Accounting.497 Default in accounting.498 Liquidation of inheritance in case of objection.499 Procedure for liquidation.500 Time limit of liquidation.501 Protests.502 Payment of creditors and legatees.503 Liquidation at instance of heir.504 Liquidation in the case of more than one heir.505 Forfeiture of bene�t of inventory.506 Individual proceedings.507 Release of property to creditors and legatees.508 Appointment of curator.509 Liquidation at instance of creditors or legatees.510 Acceptance of inventory made by one of persons called.511 Expenses.

CHAPTER VI SEPARATION OF PROPERTY OFDECEASED FROM THAT OF HEIR512 Object of separation.513 Separation against legatees in kind.514 Relations among separatist and non-separatist creditors.515 Termination of separation.516 Time for exercise of right to separation.517 Separation with regard to movables.518 Separation with regard to immovables.

CHAPTER VII RENUNCIATION OFINHERITANCE519 Declaration of renunciation.520 Conditional, terminal or partial renunciation.521 Retroactivity of renunciation.522 Devolution in intestate succession.523 Devolution in testamentary succession.524 Attack on renunciation by creditors.525 Revocation of renunciation.

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526 Attack for duress or fraud.527 Taking of heritable property.

CHAPTER VIII UNCLAIMED INHERITANCE528 Appointment of curator.529 Duties of curator.530 Payment of hereditary debts.531 Inventory, administration and accounting.532 Termination of curatorship due to acceptance of inheritance.

CHAPTER IX PETITION OF HEIRSHIP533 Notion.534 Rights of third persons.535 Possessor of heritable property.

CHAPTER X FORCED HEIRSSection I Rights Reserved to Forced Heirs

536 Forced heirs.537 Reserve in favor of legitimate and natural children.538 Reserve in favor of legitimate ascendants.539 (Repealed)(6)

540 Reserve in favor of spouse.541 (Repealed)(7)

542 Concurrence of spouse and children.543 (Repealed)(8)

544 Concurrence of legitimate ascendants and spouse.545 (Repealed)(9)

546 (Repealed)(9)

547 (Repealed)(9)

548 Reserve in favor of separated spouse.549 Prohibition of burdens or conditions on share of forced heirs.550 Disposition exceeding disposable share.551 Legacy in place of forced share.552 Gifts and legacies applied against forced share.

Section II Reintegration of Share Reserved for Forced Heirs553 Reduction of shares of successors by intestate succession

concurrently with forced heirs.554 Reduction of testamentary dispositions.555 Reduction of gifts.556 Determination of disposable portion.557 Parties who can demand reduction.558 Method of reducing testamentary dispositions.559 Method of reducing gifts.560 Reduction of legacy or gift of immovables.561 Restitution of immovables.

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562 Insolvency of donee subject to reduction.563 Action against successors in interest of donees subject to

reduction.564 Conditions for exercise of action of reduction.

TITLE II INTESTATE SUCCESSION565 Categories of persons who can succeed.

CHAPTER I SUCCESSION BY RELATIVES(14)

566 Succession by legitimate and natural children.567 Succession by legitimated and adopted children.568 Succession by parents.569 Succession by ascendants.570 Succession by brothers and sisters.571 Concurrence of parents or ascendants with brothers and sisters.572 Succession by other relatives.573 Succession by natural children.574 (Repealed)(15)

575 (Repealed)(15)

576 (Repealed)(15)

577 (Repealed)(16)

578 Succession by parents to natural child.579 Concurrence of spouse and parents.580 Rights of unacknowledgeable natural children.

CHAPTER II(17) SUCCESSION FROM SPOUSE581 Concurrence of spouse with children.582 Concurrence of spouse with legitimate ascendants, brothers and

sisters.583 Succession of the spouse alone.584 Succession by putative spouse.585 Succession by separated spouse.

CHAPTER III SUCCESSION BY STATE586 Acquisition of property by State.

TITLE III TESTAMENTARY SUCCESSION

CHAPTER I GENERAL PROVISIONS587 Will.588 Dispositions by universal title and by particular title.589 Joint or reciprocal will.590 Con�rmation and voluntary performance of void will.

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CHAPTER II CAPACITY TO DISPOSE BY WILL591 Cases of incapacity.

CHAPTER III CAPACITY TO TAKE BY WILL592 (Repealed).(19)

593 (Repealed).(20)

594 Allowance to unacknowledgeable natural children.595 (Repealed).(21)

596 Incapacity of guardian and deputy guardian.597 Incapacity of notary, witnesses and interpreter.598 Incapacity of one who wrote or received a secret will.599 Interposed persons.600 Unrecognized entities.

CHAPTER IV FORM OF WILLSection I Ordinary Wills

601 Forms.602 Holographic will.603 Public will.604 Secret will.605 Formalities of secret will.606 Nullity of will or defect in form.607 Validity of secret will as holograph.608 Withdrawal of secret or holographic will.

Section II Special Wills609 Contagious diseases, public calamity or disaster.610 Term of e�cacy.611 Will on board ship.612 Form.613 Delivery.614 Report of delivery.615 Period of e�cacy.616 Will on board aircraft.617 Wills of military and similar persons.618 Circumstances and periods of e�cacy.619 Nullity.

Section III Publication of Holographic and Secret Wills620 Publication of holographic will.621 Publication of secret will.622 Communication of wills to the tribunal.623 Communication to heirs and legatees.

CHAPTER V INSTITUTION OF HEIRS ANDLEGACIES

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Section I General Provisions

624 Duress, fraud, mistake.625 Mistaken designation of heir or legatee or of thing that is subject

matter of provision.626 Unlawful motive.627 Fiduciary provision.628 Provision in favor of uncertain person.629 Provisions in favor of the soul.630 Provisions in favor of the poor.631 Provisions left to the arbitrary choice of third person.632 Determination of legacy by arbitrary choice of another.

Section II Provisions Subject to Conditions, Terms, andBurdens

633 Suspensive or resolutive conditions.634 Impossible or illegal conditions.635 Conditions of reciprocity.636 Prohibition against marriage.637 Term.638 Condition not to do or give.639 Security in case of resolutive condition.640 Security in case of legacy subject to suspensive condition or term.641 Administration in case of suspensive condition or failure to post

security.642 Persons entitled to administration.643 Administration in case of unborn heir.644 Duties and powers of administrator.645 Suspensive potestative condition not subject to term.646 Retroactivity of condition.647 Burden.648 Performance of burden.

Section III Legacies649 Acquisition of legacy.650 Setting term for renunciation.651 Legacy of property of person charged or of third person.652 Legacy of thing belonging only in part to testator.653 Legacy of generically described thing.654 Legacy of thing not in patrimony.655 Legacy of things to be taken from certain place.656 Legacy of legatee's property.657 Legacy of thing acquired by legatee.658 Legacy of claim or release of indebtedness.659 Legacy in favor of creditor.660 Legacy of support.661 Legacy to co-heir.662 Burden of executing legacy.663 Legacy imposed on only one heir.

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664 Execution of generic legacy.665 Choice in alternative legacy.666 Transmission of power to choose to heir.667 Accessions to thing given.668 Performance of legacy.669 Fruits of thing given.670 Legacy of periodic payments.671 Legacies and burdens chargeable to legatee.672 Expenses of performance of legacy.673 Destruction of thing given. Impossibility of performance.

Section IV Right of Accrual674 Accrual among co-heirs.675 Accrual among co-legatees.676 E�ects of accrual.677 Absence of accrual.678 Accrual in legacy of usufruct.

Section V Revocation of Testamentary Provisions679 Revocability of will.680 Express revocation.681 Revocation of revocation.682 Subsequent will.683 Ine�ective subsequent will.684 Destruction of holographic will.685 E�ect of withdrawal of secret will.686 Transfer and transformation of thing given.687 Revocation by intervention of children.

CHAPTER VI SUBSTITUTIONSSection I Ordinary Substitution

688 Cases of ordinary substitution.689 Plural substitution. Reciprocal substitution.690 Obligations of substitutes.691 Ordinary substitution in legacies.

Section II Fiduciary Substitution692 Fiduciary substitution.693 Rights and obligations of instituted heir.694 Alienation of property.695 Rights of personal creditors of instituted heir.696 Devolution on substituted heir.697 Fiduciary substitution in legacies.698 Successive usufruct.699 Marital, charitable and similar bequests.

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CHAPTER VII TESTAMENTARY EXECUTORS700 Power of appointment and substitution.701 Persons capable of being appointed.702 Acceptance or rejection of appointment.703 Functions of testamentary executor.704 Representation in proceedings.705 Sealing and inventory.706 Division performed by testamentary executor.707 Delivery of property to heir.708 Disagreement among several testamentary executors.709 Account.710 Removal of testamentary executor.711 Compensation.712 Expenses.

TITLE IV PARTITION

CHAPTER I GENERAL PROVISIONS713 Power to request partition.714 Separate enjoyment of part of property.715 Cases of obstacle to partition.716 (Repealed).(26)

717 Suspension of partition on order of court.718 Partition of property in kind.719 Sale of property for payment of debts of inheritance.720 Indivisible immovables.721 Sale of immovables.722 Property indivisible in interest of national production.723 Accounting.724 Collation and imputation.725 Withdrawals.726 Valuation and formation of shares.727 Rules for formation of portions.728 Adjustment in money.729 Assignment or attribution of portions.730 Submission of operations to notary.731 Subdivision among stirpes.732 Right of preemption.733 Rules stated for partition by testator.734 Partition by testator.735 Pretermitted heir and impairment of forced share.736 Delivery of documents.

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CHAPTER II COLLATION737 Persons obligated to collation.738 Limits of collation for a spouse.739 Gifts to descendants or spouse of heir. Gifts to spouses.740 Gifts made to ascendant of heir.741 Collation of miscellaneous transfers.742 Expenditures not subject to collation.743 Partnership with heir.744 Loss of thing given.745 Fruits and interest.746 Collation of immovables.747 Collation by imputation.748 Improvements, expenses and deterioration.749 Improvements and deterioration in transferred immovable.750 Collation of movables.751 Collation of money.

CHAPTER III PAYMENT OF DEBTS752 Distribution of hereditary debts among heirs.753 Immovables subject to redeemable annuities.754 Payment of debts and reimbursement.755 Part of mortgage debt not paid by one co-heir.756 Exemption of legatee from payment of debts.

CHAPTER IV EFFECTS OF PARTITION ANDGUARANTEE OF SHARES757 Right of heir to share.758 Guarantee among co-heirs.759 Eviction su�ered by one co-heir.760 Unenforceability of claims.

CHAPTER V ANNULMENT AND RESCISSION INPARTITION MATTERS761 Annulment for duress or fraud.762 Omission of hereditary property.763 Rescission for lesion.764 Acts other than partition.765 Sale of hereditary right to co-heir.766 Evaluation of property.767 Power of co-heir to provide supplement.768 Transfer of hereditary share.

CHAPTER V-bis OF THE FAMILY PACT(27)

768-bis Meaning.768-ter Form.

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768-quarter Participation.768-quinquies Vices of the consent.768-sexies Relationship with third parties.768-septies Termination.768-octies Disputes.

TITLE V GIFTS

CHAPTER I GENERAL PROVISIONS769 De�nition.770 Remunerative gift.771 Gift of future property.772 Gift of periodic performance.773 Gift to more than one donee.

CHAPTER II CAPACITY TO DISPOSE ANDRECEIVE BY GIFT774 Capacity to give.775 Gift made by person incapable of understanding or intending.776 Gift by disabled person.777 Gifts made by representatives of persons lacking capacity.778 Mandate to give.779 Gift in favor or guardian or deputy guardian.780 (Repealed).(28)

781 (Repealed).(29)

CHAPTER III FORM AND EFFECTS OF GIFT782 Form of gift.783 Gift of moderate value.784 Gift in favor of unborn child.785 Gift in contemplation of marriage.786 (Repealed).(30)

787 Mistake in motive for gift.788 Unlawful motive.789 Non-performance or delay in execution.790 Reservation of power of disposal of speci�ed things.791 Condition of reversibility.792 E�ects of reversibility.793 Modal gift.794 Illegal or impossible charge.795 Prohibition of substitution.796 Reservation of usufruct.797 Guarantee against eviction.798 Responsibility for defects in thing.799 Con�rmation and voluntary execution of void gift.

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CHAPTER IV REVOCATION OF GIFTS800 Grounds for revocation.801 Revocation for ingratitude.802 Time limits of action and eligibility to sue.803 Revocation because of supervening children.804 Time limit of action.805 Irrevocable gifts.806 Inadmissibility of advance renunciation.807 E�ect of revocation.808 E�ects on third persons.809 Rules for gifts applicable to other acts of liberality.

BOOK THREE PROPERTY RIGHTS

TITLE I PROPERTY

CHAPTER I PROPERTY IN GENERAL810 Notion.

Section I Repealed(1)

811 (Repealed)(1)

Section II Immovable and Movable Property812 Distinction as to property.813 Distinction as to rights.814 Power resources.815 Movable property inscribed in public registers.816 Universality of movables.817 Appurtenances.818 Regime applicable to appurtenances.819 Rights of third persons in appurtenances.

Section III Fruits820 Natural fruits and civil fruits.821 Acquisition of fruits.

CHAPTER II PROPERTY BELONGING TO THESTATE, TO PUBLIC BODIES AND TOECCLESIASTICAL INSTITUTIONS822 Public domain.823 Legal status of public domain.824 Property of provinces and communes subject to regime of public

domain property.825 Public domain rights in property of others.826 Patrimony of State, provinces and communes.827 Vacant immovable property.828 Legal status of patrimonial property.829 Transfer of property from domain to patrimony.

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830 Property of non-territorial public bodies.831 Property of ecclesiastical institutions and religious buildings.

TITLE II OWNERSHIP

CHAPTER I GENERAL PROVISIONS832 Content of right.833 Emulative acts.834 Expropriation in the public interest.835 Requisitions.836 Temporary limitations and duties.837 Pools.838 Expropriation of property a�ecting national production or of

predominant public interest.839 Property of historic and artistic interest.

CHAPTER II OWNERSHIP OF LANDSection I General Provisions

840 Subsoil and space above soil.841 Enclosure of land.842 Hunting and �shing.843 Access to the land.844 Immission.845 Particular rules for public interest purposes.

Section II Reorganization of Rural Property846 (Repealed).(2)

847 (Repealed).(2)

848 (Repealed).(2)

849 Lands included within larger land units.850 Consortiums for the purpose of land consolidation.851 Compulsory transfer.852 Lands exempt from transfer.853 Transfer of real rights.854 Notice and transcription of plan of reorganization.855 E�ects of approval of plan of reorganization.856 Competence of court.

Section III Comprehensive Reclamation857 Lands subject to reclamation.858 Reclamation district and plan of works.859 Works in competence of State.860 Contribution of owners to cost.861 Works in competence of private persons.862 Reclamation consortiums.863 Land improvement consortiums.864 Consortial contributions.

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865 Expropriation for non-compliance with obligations.Section IV Hydrogeological Restrictions and Flood Control

866 Restrictions for hydrogeological and other purposes.867 Systematization and reforestation of restricted lands.868 Protective regulation of water courses.

Section V Ownership of Buildings869 Regulatory plans.870 Subdivisions.871 Building and public ornament rules.872 Violation of building rules.

Section VI Distances Between Structures, Plantings andExcavations and Walls, Ditches and Hedges InterposedBetween Lands

873 Distance between structures.874 Compulsory joint ownership of boundary wall.875 Compulsory joint ownership of wall that is not on boundary.876 Anchoring in boundary wall.877 Contiguous constructions.878 Enclosure wall.879 Buildings not subject to distance obligation or to compulsory joint

ownership.880 Presumption that dividing wall is common.881 Presumption of sole ownership of dividing wall.882 Repairs of common wall.883 Demolition of building supported by common wall.884 Support and insertion of beams and fastenings in common wall.885 Increasing height of common wall.886 Construction of enclosure wall.887 Lands on di�erent levels in inhabited areas.888 Exemption from contribution to cost.889 Distances for wells, cisterns, cesspools and pipes.890 Distances for noxious or dangerous factories and storage

facilities.891 Distances for canals and ditches.892 Distances for trees.893 Trees near roads, canals and on the edge of woods.894 Trees at illegal distance.895 Prohibition against replanting trees at illegal distance.896 Cutting of protruding branches and roots.897 Common ditches.898 Common hedges.899 Common trees.

Section VII Lights and Views900 Kinds of windows.901 Lights.902 Openings lacking requisites prescribed for lights.

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903 Lights in one's own or in common wall.904 Right to close lights.905 Distances for opening of direct views and balconies.906 Distance for opening of lateral and oblique views.907 Distances of structures from views.

Section VIII Drainage of Water from Roofs908 Drainage of rain water.

Section IX Water909 Right to water existing in land.910 Use of water that borders or crosses land.911 Opening new springs and other works.912 Reconciliation of con�icting interests.913 Flow of water.914 Consortiums for regulation of �ow of water.915 Repair of banks and levees.916 Removal of obstructions.917 Expenses of repair, construction or removal.918 Voluntary consortiums.919 Dissolution of the consortium.920 Applicable rules.921 Compulsory consortiums.

CHAPTER III MODES OF ACQUISITION OFOWNERSHIP922 Modes of acquisition.

Section I Occupation and Invention923 Things susceptible to occupation.924 Swarms of bees.925 Domesticated animals.926 Migration of pigeons, rabbits and �sh.927 Things found.928 Publication of �nding.929 Acquisition of ownership in thing found.930 Reward due �nder.931 Equivalence of possessor or detainer to owner.932 Treasure.933 Things ejected by sea and plants on shore.

Section II Accession, Speci�cation, Union and Commixtion934 Works performed upon or under soil.935 Works performed by owner of land with other's materials.936 Works performed by third person with own materials.937 Works done by third person with another's materials.938 Occupation of portion of adjoining land.939 Union and commixtion.940 Speci�cation.941 Alluvion.

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942 Land abandoned by running water.943 Lakes and ponds.944 Avulsion.945 Islands and accretions of land.946 Abandoned river bed.947 Changes in beds of streams due to control of their courses.

CHAPTER IV ACTIONS FOR PROTECTION OFOWNERSHIP948 Action of revendication.949 Negatory action.950 Action for settlement of boundaries.951 Action for placing of boundary markers.

TITLE III SUPERFICIE952 Constitution of the right of super�cie.953 Constitution for a �xed time.954 Extinguishment of the right of super�cie.955 Structures under the soil.956 Prohibition of separate ownership of plantings.

TITLE IV EMPHYTEUSIS957 Non-derogable provisions.958 Duration.959 Rights of the tenant.960 Obligations of the tenant.961 Payment of rent.962 (Repealed)(4)

963 Total or partial destruction of land.964 Taxes and other burdens.965 Alienability of right of tenant.966 (Repealed)(5)

967 Rights and obligations of tenant and grantor in case ofalienation.

968 Sub-emphyteusis.969 Acknowledgment.970 Prescription of the right of the tenant.971 Enfranchisement.972 Reversion.973 Express resolutive clause.974 Rights of creditors of tenant.975 Improvements and additions.976 Leases made by tenant.977 Emphyteuses constituted by legal persons.

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TITLE V USUFRUCT, USE AND HABITATION

CHAPTER I USUFRUCTSection I General Provisions

978 Constitution.979 Duration.980 Assignment of usufruct.

Section II Rights Arising from Usufruct981 Content of right of usufruct.982 Possession of thing.983 Accessions.984 Fruits.985 Improvements.986 Additions.987 Mines, quarries and turf pits.988 Treasure.989 Groves, rows and scattered trees with tall trunks.990 Uprooted, broken, or dead trees with tall trunks.991 Fruit trees.992 Poles for vines and other cultivations.993 Seedlings.994 Loss of herds or �ocks.995 Consumable things.996 Things subject to deterioration.997 Installations, factories and machinery.998 Livestock and implements.999 Leases concluded by usufructuary.1000 Collection of principal.

Section III Obligation Arising from Usufruct1001 Obligation of restitution.1002 Inventory and security.1003 Lack or inadequacy of security.1004 Expenses charged to usufructuary.1005 Extraordinary repairs.1006 Refusal of the owner to repair.1007 Partial destruction of accessory building.1008 Taxes and other burdens chargeable to usufructuary.1009 Taxes and other burdens chargeable to owner.1010 Liabilities of inheritance in usufruct.1011 Retention for amounts advanced.1012 Encroachments during usufruct and actions relating to

servitudes.1013 Expenses of litigation.

Section IV Extinguishment and Modi�cation of Usufruct1014 Extinguishment of usufruct.1015 Abuse by the usufructuary.

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1016 Partial destruction of thing.1017 Destruction of thing due to fault or fraud of third person.1018 Destruction of building.1019 Destruction of thing insured by usufructuary.1020 Requisition and expropriation.

CHAPTER II USE AND HABITATION1021 Use.1022 Habitation.1023 Inclusion in family.1024 Prohibition of assignment.1025 Obligations inhering in use and habitation.1026 Applicability of rules pertaining to usufruct.

TITLE VI PREDIAL SERVITUDES

CHAPTER I GENERAL PROVISIONS1027 Content of right.1028 Notion of utility.1029 Servitude for future advantage.1030 Accessory services.1031 Constitution of servitude.

CHAPTER II COMPULSORY SERVITUDES1032 Manner of constitution.

Section I Aqueducts and Compulsory Drainage1033 Obligation to permit passage of water.1034 Opening of new aqueducts.1035 Crossing aqueducts.1036 Crossing streams or roads.1037 Conditions for constitution of servitude.1038 Indemnity for imposition of servitude.1039 Indemnity for temporary passage.1040 Use of aqueduct.1041 Bed of aqueduct.1042 Obligations in connection with use of water courses contiguous

to others' lands.1043 Compulsory drainage.1044 Reclamation.1045 Utilization of others' pipes or ditches.1046 Rules for performance of work.

Section II A�xion and Insertion of Weirs1047 Content of the servitude.1048 Obligations of users.

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Section III Compulsory Supply of Water to Building or Land1049 Supply of water to building.1050 Supply of water to land.

Section IV Compulsory Right of Way1051 Compulsory right of way.1052 Compulsory right of way in favor of non-enclosed land.1053 Indemnity.1054 Enclosure due to transfer or partition.1055 Termination of enclosure.

Section V Compulsory Rights of Way for Electric Lines andFuniculars

1056 Right of way for electric lines.1057 Right of way for funiculars.

CHAPTER III VOLUNTARY SERVITUDES1058 Method of constitution.1059 Servitude granted by one co-owner.1060 Servitude constituted by owner of land subject to usufruct.

CHAPTER IV SERVITUDES ACQUIRED BYUSUCAPTION AND BY DESTINATION BY HEADOF FAMILY1061 Non-apparent servitudes.1062 Destination by head of family.

CHAPTER V EXERCISE OF SERVITUDES1063 Governing rules.1064 Extent of right of servitude.1065 Exercise in conformity with source of right or possession.1066 Possession of servitude.1067 Prohibition against increasing or decreasing exercise of

servitude.1068 Transfer of servitude to di�erent place.1069 Work on servient land.1070 Abandonment of servient land.1071 Partition of dominant or servient land.

CHAPTER VI EXTINGUISHMENT OFSERVITUDES1072 Extinguishment by confusion.1073 Extinguishment by prescription.1074 Impossibility of use and lack of utility.1075 Limited exercise of servitude.1076 Exercise of servitude not conforming to source of right or

possession.

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1077 Servitude constituted on land subject to emphyteusis.1078 Servitudes constituted on emphyteutic or dotal land or land

held in usufruct.

CHAPTER VII ACTIONS FOR PROTECTION OFSERVITUDES1079 Con�rmation of servitude and other protective provisions.

CHAPTER VIII CERTAIN SERVITUDESRELATIVE TO WATER

Section I Servitudes to Take or Divert Water

1080 Continuous taking of water.1081 Unit of measurement of water.1082 Form of outlet and diverting apparatus.1083 Determination of quantity of water.1084 Rules regulating servitude.1085 Time of exercise of servitude.1086 Distribution by rotation.1087 Excess or escaped water.1088 Change of order among users.1089 Water used for motive power.1090 Maintenance of channel.1091 Obligation of grantor up to place of delivery.1092 De�ciency of water.1093 Reduction of servitude.

Section II Drainage Servitudes and Residues of Water1094 Compulsory drainage servitude.1095 Usucaption of active servitude of draining water.1096 Rights of owner of servient land.1097 Right to residue of water.1098 Prohibition against diversion of draining or residual water.1099 Substitution of spring water.

TITLE VII COMMON OWNERSHIP

CHAPTER I COMMON OWNERSHIP INGENERAL1100 Governing rules.1101 Shares of participants.1102 Use of common thing.1103 Disposal of share.1104 Obligations of participants.1105 Administration.1106 Regulation of common ownership and appointment of

administrator.

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1107 Attack on regulations.1108 Innovations and other acts exceeding administration in ordinary

course.1109 Attack on decisions.1110 Reimbursement of expenses.1111 Dissolution of common ownership.1112 Things not subject to partition.1113 Intervention in partition and objections.1114 Partition in kind.1115 Obligations in solido of participants.1116 Applicability of rules concerning partition of inheritance.

CHAPTER II CONDOMINIUM IN BUILDINGS1117 Common parts of building.1118 Rights of participants in things owned in common.1119 Non-partibility.1120 Alterations.1121 Expensive or luxurious alterations.1122 Work on parts of building owned in common.1123 Apportionment of expenses.1124 Maintenance and reconstruction of stairways.1125 Maintenance and repair of ceilings, vaults, and �oors.1126 Solariums for exclusive use.1127 Construction above top �oor of building.1128 Total or partial loss of building.1129 Appointment and discharge of administrator.1130 Duties of administrator.1131 Representation.1132 Dissent of members as to litigation.1133 Measures taken by administrator.1134 Expenses incurred by member.1135 Competence of membership meeting.1136 Constitution of membership meeting and validity of decisions.1137 Attack on decisions of membership meeting.1138 By-laws of condominium.1139 Reference to rules on common ownership.

TITLE VIII POSSESSION

CHAPTER I GENERAL PROVISIONS1140 Possession.1141 Change of custody to possession.1142 Presumption of intermediate possession.1143 Presumption of earlier possession.1144 Acts of toleration.1145 Possession of things outside commerce.

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1146 Succession in possession.1147 Possession in good faith.

CHAPTER II EFFECTS OF POSSESSIONSection I Rights and Obligations of Possessor on Restitutionof Thing

1148 Acquisition of fruits.1149 Reimbursement of costs of production and collection of fruits.1150 Repairs, improvements, and additions.1151 Payment of indemnities.1152 Retention in favor of possessor in good faith.

Section II Possession in Good Faith of Movable Property1153 E�ects of acquisition of possession.1154 Knowledge of illegitimate provenance of thing.1155 Acquisition in good faith and prior transfer to others.1156 Universality of movables and movables inscribed in public

registers.1157 Possession of negotiable instruments.

Section III Usucaption1158 Usucaption of immovable property and of real rights in

immovable property.1159 Ten-year usucaption.1159-bis Special usucaption for small rural property.1160 Usucaption of universality of movables.1161 Usucaption of movable property.1162 Usucaption of movable property inscribed in public

registers.1163 Defects of possession.1164 Transformation of basis of possession.1165 Application of rules on prescription.1166 Ine�cacy of causes of impediment and suspension as to

third persons.1167 Interruption of usucaption by loss of possession.

CHAPTER III ACTIONS FOR DEFENCE OFPOSSESSION1168 Action for recovery of possession.1169 Recovery of possession from acquirer aware of taking.1170 Action to protect possession.

TITLE IX DENUNCIATION OF NEW WORK ANDFEARED DAMAGE1171 Denunciation of new work.1172 Denunciation of feared damage.

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BOOK FOUR OBLIGATIONS

TITLE I OBLIGATIONS IN GENERAL

CHAPTER I PRELIMINARY PROVISIONS1173 Sources of obligations.1174 Patrimonial nature of performance.1175 Fair behavior.

CHAPTER II PERFORMANCE OFOBLIGATIONS

Section I Performance in General

1176 Diligence in performance.1177 Obligation to safeguard.1178 Generic obligation.1179 Obligation to furnish security.1180 Performance by third person.1181 Partial performance.1182 Place of performance.1183 Time of performance.1184 Time limit.1185 Pendency of time limit.1186 Loss of bene�t of time limit.1187 Computation of time limit.1188 Person to whom payment must be made.1189 Payment to apparent creditor.1190 Payment to creditor lacking capacity.1191 Payment made by person lacking capacity.1192 Payment made with property of another.1193 Imputation of payment.1194 Imputation of payment to interest.1195 Release with imputation.1196 Expenses of payment.1197 Performance di�erent from that which is due.1198 Assignment of claim in lieu of performance.1199 Right of the debtor to release.1200 Release of security.

Section II Payment with Subrogation1201 Subrogation e�ected by creditor.1202 Subrogation e�ected by debtor.1203 Legal subrogation.1204 Third party guarantors.1205 Partial subrogation.

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Section III Default of the Creditor1206 Conditions.1207 E�ects.1208 Requisites for validity of tender.1209 Actual tender and tender by notice.1210 Power of deposit and its discharging e�ects.1211 Perishable things or things whose custody is expensive.1212 Requisites of deposit.1213 Withdrawal of the deposit.1214 Tender according to usage and deposit.1215 Expenses.1216 Notice to take delivery of an immovable.1217 Obligations to do something.

CHAPTER III NON-PERFORMANCE OFOBLIGATIONS1218 Liability of debtor.1219 Placing in default.1220 Informal tender.1221 E�ect of default on risk.1222 Non-performance of negative obligations.1223 Measure of damages.1224 Damages in pecuniary obligations.1225 Foreseeability of damages.1226 Equitable measure of damages.1227 Contributory negligence of the creditor.1228 Liability for acts of auxiliaries.1229 Exoneration of liability clauses.

CHAPTER IV OTHER WAYS, BESIDESPERFORMANCE, OF EXTINGUISHINGOBLIGATIONS

Section I Novation

1230 Objective novation.1231 Conduct that does not imply novation.1232 Privileges, pledges and mortgages.1233 Retention of security in obligations in solido.1234 Lack of e�ect of novation.1235 Subjective novation.

Section II Remission1236 Declaration of remission of debt.1237 Voluntary restitution of instrument.1238 Waiver of guarantees.1239 Sureties.1240 Waiver of payment guarantee for payment.

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Section III Compensation1241 Extinguishment by compensation.1242 E�ects of compensation.1243 Compensation by operation of law and by judicial declaration.1244 Delay.1245 Debts not payable in same place.1246 Cases in which compensation does not take place.1247 Compensation claimed by third party sureties.1248 When compensation cannot be claimed.1249 Compensation of several debts.1250 Compensation with respect to third persons.1251 Guarantees attached to claim.1252 Voluntary compensation.

Section IV Merger1253 E�ects of merger.1254 Merger with respect to third parties.1255 Merger of surety and debtor.

Section V Supervening Impossibility of Performance forCause not Imputable to Debtor

1256 De�nitive impossibility and temporary impossibility.1257 Loss of speci�ed thing.1258 Partial impossibility.1259 Subrogation of creditor to rights of debtor.

CHAPTER V ASSIGNMENT OF CLAIMS1260 Assignability of claims.1261 Forbidden assignments.1262 Documents evidencing claim.1263 Accessories to claim.1264 E�ectiveness of assignment with respect to assigned debtor.1265 E�ectiveness of assignment with respect to third persons.1266 Obligation of guarantee by assignor.1267 Guarantee of solvency of debtor.

CHAPTER VI DELEGATION, EXPROMISSION,AND ASSUMPTION OF DEBT1268 Cumulative delegation.1269 Delegation of payment.1270 Termination of delegation.1271 Defenses available to delegee.1272 Expromission.1273 Assumption of debt.1274 Insolvency of new debtor.1275 Extinguishment of guarantees.1276 Invalidity of new obligation.

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CHAPTER VII CERTAIN TYPES OFOBLIGATION

Section I Pecuniary Obligations

1277 Debt of sum of money.1278 Debts payable with money which is not legal tender.1279 Clause providing for actual payment in money which is not

legal tender.1280 Debt in specie having intrinsic value.1281 Special laws.1282 Interest on pecuniary obligations.1283 Anatocism.1284 Rate of interest.

Section II Alternative Obligations1285 Alternative obligations.1286 Power of election.1287 Loss of power of election.1288 Impossibility of one of performances.1289 Impossibility of one of performances owing to fault.1290 Supervening impossibility of both performances.1291 Obligations with multiple alternatives.

Section III Obligations in Solido1292 Notion of solidarity.1293 Di�erent terms in individual relations.1294 Solidarity among co-debtors.1295 Divisibility among heirs.1296 Choice of creditor for payment.1297 Personal defenses.1298 Relations inter se among debtors or creditors in solido.1299 Recourse among co-debtors.1300 Novation.1301 Remission.1302 Compensation.1303 Merger.1304 Compromise.1305 Judicial oath.1306 Judgment.1307 Non-performance.1308 Placing in default.1309 Acknowledgment of debt.1310 Prescription.1311 Waiver of solidarity.1312 Separate payment of fruits or of interest.1313 Insolvency of co-debtor in case of waiver of solidarity.

Section IV Divisible and Indivisible Obligations1314 Divisible obligations.1315 Limits on divisibility among heirs of debtor.

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1316 Indivisible obligations.1317 Regulation of indivisible obligations.1318 Indivisibility as applied to heirs.1319 Right to require entire performance.1320 Partial extinguishment.

TITLE II CONTRACTS IN GENERAL

CHAPTER I PRELIMINARY PROVISIONS1321 Notion.1322 Contractual autonomy.1323 Rules regulating contracts.1324 Rules applicable to unilateral acts.

CHAPTER II REQUISITES OF CONTRACT1325 Indication of requisites.

Section I Agreement of Parties1326 Formation of contract.1327 Performance before reply by acceptor.1328 Revocation of o�er and acceptance.1329 Irrevocable o�er.1330 Death or incapacity of enterpriser.1331 Option.1332 Adherence of other parties to contract.1333 Contract binding on o�eror only.1334 E�cacy of unilateral acts.1335 Presumption of knowledge.1336 O�er to public.1337 Negotiations and pre-contractual liability.1338 Knowledge of reasons for invalidity.1339 Automatic insertion of terms.1340 Customary terms.1341 Standard conditions of contract.1342 Contracts made by means of forms or formularies.

Section II Causa of Contract1343 Unlawful causa.1344 Contract in fraud of law.1345 Unlawful motive.

Section III Object of Contract1346 Requisites.1347 Supervening possibility of object.1348 Future things.1349 Determination of object.

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Section IV Form of Contract1350 Acts that must be in writing.1351 Preliminary contract.1352 Form agreed upon for contract.

CHAPTER III CONTRACT CONDITIONS1353 Conditional contract.1354 Unlawful or impossible conditions.1355 Merely potestative condition.1356 Pendency of condition.1357 Acts of disposition during pendency of condition.1358 Behavior of parties during pendency.1359 Ful�llment of condition.1360 Retroactivity of condition.1361 Acts of administration.

CHAPTER IV INTERPRETATION OFCONTRACT1362 Intent of contracting parties.1363 Comprehensive interpretation of clauses.1364 General expressions.1365 Illustrative examples.1366 Interpretation according to good faith.1367 Preservation of contract.1368 General interpretative practices.1369 Expressions with several possible meanings.1370 Interpretation against author of provision.1371 Final rules.

CHAPTER V EFFECTS OF THE CONTRACTSection I General Provisions

1372 E�ect of contract.1373 Unilateral withdrawal.1374 Integration of contract.1375 Performance according to good faith.1376 Contracts with real e�ects.1377 Transfer of things in mass.1378 Transfer of thing speci�ed only as to kind.1379 Prohibition against alienation.1380 Con�icting personal rights of enjoyment.1381 Promise of obligation or act of third person.

Section II Penal Clause and Earnest1382 E�ects of penal clause.1383 Prohibition against cumulation.1384 Reduction of penalty.

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1385 Con�rming earnest.1386 Earnest as compensation for withdrawal.

CHAPTER VI REPRESENTATION1387 Sources of representation.1388 Contract entered into by representative.1389 Capacity of representative and of principal.1390 Defects in consent.1391 Material subjective conditions.1392 Form of power of attorney.1393 Proof of authority of representative.1394 Con�ict of interests.1395 Contract with oneself.1396 Modi�cation and termination of power of attorney.1397 Return of document evidencing representation.1398 Representation without power.1399 Rati�cation.1400 Special types of representation.

CHAPTER VII CONTRACTS FOR PERSONS TOBE NAMED1401 Nomination of contracting party reserved.1402 Time and manner of naming declaration.1403 Form and publication.1404 E�ects of naming declaration.1405 E�ects of lack of naming declaration.

CHAPTER VIII ASSIGNMENT OF CONTRACT1406 Notion.1407 Form.1408 Relationships between original contracting party and assignor.1409 Relationships between original contracting party and assignee.1410 Relationships between assignor and assignee.

CHAPTER IX CONTRACT IN FAVOR OF THIRDPERSONS1411 Contract in favor of third persons.1412 Performance to third person after death of stipulator.1413 Defenses which may be raised by promisor against third person.

CHAPTER X SIMULATION1414 E�ects of simulation between parties.1415 E�ects of simulation on third persons.1416 Relationships with creditors.1417 Proof of simulation.

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CHAPTER XI NULLITY OF CONTRACT1418 Causes of nullity of contract.1419 Partial nullity.1420 Nullity in multilateral contracts.1421 Eligibility for action of nullity.1422 Imprescribibility of action of nullity.1423 Inadmissibility of validation.1424 Conversion of void contract.

CHAPTER XII VOIDABLE CONTRACTSSection I Incapacity

1425 Incapacity of parties.1426 Subterfuge used by minor.

Section II Defects in Consent1427 Mistake, duress and fraud.1428 Relevance of mistake.1429 Essential mistake.1430 Mistake in calculation.1431 Recognizable mistake.1432 Preservation of corrected contract.1433 Mistake in declaration or transmission.1434 Duress.1435 Characteristics of duress.1436 Duress directed against third persons.1437 Reverential fear.1438 Threat to enforce right.1439 Fraud.1440 Incidental fraud.

Section III Action for Annulment1441 Eligibility.1442 Prescription.1443 Restitution against incapacitated contracting party.1444 Validation.1445 E�ects of annulment on third persons.1446 Voidability of multilateral contract.

CHAPTER XIII RESCISSION OF THECONTRACT1447 Contract concluded in state of danger.1448 General action of rescission for lesion.1449 Prescription.1450 O�er to modify contract.1451 Inadmissibility of validation.1452 E�ects of rescission on third persons.

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CHAPTER XIV DISSOLUTION OF CONTRACTSection I Dissolution for Non-Performance

1453 Dissolution of contract for non-performance.1454 Notice to perform.1455 Importance of non-performance.1456 Express resolutive clause.1457 Time essential to one party.1458 E�ects of dissolution.1459 Dissolution in multilateral contracts.1460 Defense based upon non-performance.1461 Change in patrimonial conditions of contracting parties.1462 Clauses limiting pleading of defenses.

Section II Supervening Impossibility1463 Total impossibility.1464 Partial impossibility.1465 Contracts with translative or constitutive e�ects.1466 Impossibility in multilateral contracts.

Section III Excessive Onerousness1467 Contract for mutual counterperformances.1468 Contracts with obligations of one party only.1469 Aleatory contracts.

CHAPTER XIV-bis CONSUMERS' CONTRACTS(5)

1469-bis Consumers' contracts.1469-ter (Repealed).(6)

1469-quater (Repealed).(6)

1469-quinquies (Repealed).(6)

1469-sexies (Repealed).(6)

TITLE III SPECIFIC CONTRACTS

CHAPTER I SALESection I General Provisions

1470 Notion.1471 Special prohibitions against purchase.1472 Sale of future things.1473 Determination of price entrusted to third person.1474 Lack of express determination of price.1475 Expenses of sale.

§ 1 OBLIGATIONS OF SELLER1476 Principal obligations of seller.1477 Delivery of thing.1478 Sale of another's thing.

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1479 Good faith of buyer.1480 Sale of thing owned in part by others.1481 Danger of revendication.1482 Thing encumbered by real guarantees or other liens.1483 Total eviction from thing.1484 Partial eviction.1485 Joining seller as defendant.1486 Limited liability of seller.1487 Warranty modi�ed or excluded by agreement.1488 E�ects of exclusion of warranty.1489 Thing encumbered by burdens or rights of enjoyment of third

persons.1490 Warranty against defects in thing sold.1491 Inapplicability of warranty.1492 E�ects of warranty.1493 E�ects of dissolution of contract.1494 Compensation for damage.1495 Time limits and conditions of action.1496 Sale of animals.1497 Lack of quality.

§ 2 OBLIGATIONS OF BUYER1498 Payment of price.1499 Compensatory interest on price.

§ 3 REDEMPTION BY AGREEMENT1500 Redemption agreement.1501 Time limits.1502 Duties of seller who redeems.1503 Exercise of redemption.1504 E�ects of redemption against subsequent transferees.1505 Rights created by buyer in thing.1506 Redemption of undivided portion of thing.1507 Joint sale of undivided thing.1508 Separate sale of undivided thing.1509 Redemption against heirs of buyer.

Section II Sale of Movables

§ 1 GENERAL PROVISIONS1510 Place of delivery.1511 Notice in sales of things to be transported.1512 Warranty of proper functioning.1513 Inspection for defects.1514 Deposit of things sold.1515 Forced sale for non-performance of buyer.

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1516 Forced sale for non-performance of seller.1517 Dissolution by operation of law.1518 Standards for determining compensation.1519 Recovery of things not paid for.

§ 1-BIS OF THE SALE OF CONSUMER GOODS(7)

1519-bis (Repealed).(8)

1519-ter (Repealed).(8)

1519-quater (Repealed).(8)

1519-quinquies (Repealed).(8)

1519-sexies (Repealed).(8)

1519-septies (Repealed).(8)

1519-octies (Repealed).(8)

1519-nonies (Repealed).(8)

§ 2 SALE ON APPROVAL, ON TRIAL, AND BYSAMPLE1520 Sale on approval.1521 Sale on trial.1522 Sale by sample and by type of sample.

§ 3 SALES WITH RESERVED OWNERSHIP1523 Passage of ownership and risks.1524 Reservation of ownership against third persons.1525 Non-performance of buyer.1526 Dissolution of contract.

§ 4 SALE BY DOCUMENTS AND BY PAYMENTAGAINST DOCUMENTS1527 Delivery.1528 Payment of price.1529 Risks.1530 Payment against documents through bank.

§ 5 DEFERRED SALE OF SECURITIES1531 Interest, dividends and right to vote.1532 Right of option.1533 Drawing for prizes or refunds.1534 Payments due on securities.1535 Extension of deferred contracts.1536 Non-performance.

Section III Sale of Immovables1537 Sale by measure.1538 Sale of an immovable as a whole.1539 Withdrawal from the contract.

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1540 Cumulative sale of several immovables.1541 Prescription.

Section IV Sale of Inheritance1542 Warranty.1543 Formalities.1544 Duties of seller.1545 Duties of buyer.1546 Liability for debts of inheritance.1547 Other forms of alienation of inheritance.

CHAPTER II RIPORTO1548 Notion.1549 Completion of contract.1550 Accessory rights and duties attached to securities.1551 Non-performance.

CHAPTER III EXCHANGE1552 Notion.1553 Eviction.1554 Expenses of exchange.1555 Application of provisions governing sale.

CHAPTER IV CONTRACT FOR SALE ORRETURN1556 Notion.1557 Impossibility of return.1558 Disposability of things.

CHAPTER V SUPPLY CONTRACTS1559 Notion.1560 Amount to be supplied.1561 Determination of price.1562 Payment of price.1563 Maturity date of each installment of performance.1564 Dissolution of contract.1565 Suspension of supply.1566 Right of �rst refusal.1567 Exclusive dealing clause in favor of supplier.1568 Exclusive dealing clause in favor of customer.1569 Inde�nite time contract.1570 Reference.

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CHAPTER VI LEASE(°)

Section I General Provisions

1571 Notion.1572 Contracts of lease and advances beyond ordinary course of

business.1573 Duration of contract of lease.1574 Contract of lease of inde�nite duration.1575 Principal obligations of lessor.1576 Maintenance of thing in good condition for leasing purposes.1577 Necessary repairs.1578 Defects in leased thing.1579 Agreements limiting liability.1580 Unsanitary conditions.1581 Supervening defects.1582 Prohibition of alterations.1583 Deprivation of enjoyment owing to urgent repairs.1584 Rights of lessee in case of repairs.1585 Warranty of peaceful enjoyment.1586 Claims of third persons.1587 Principal obligations of lessee.1588 Loss of and damage to leased thing.1589 Fire insurance.1590 Return of leased thing.1591 Damages due for delayed return.1592 Improvements.1593 Additions.1594 Sublease and assignment of lease.1595 Relationship between lessor and sublessee.1596 Termination of lease by expiration of term.1597 Implied renewal of contract.1598 Security given for lease.1599 Transfer of leased or hired thing other than by universal

succession.(9)

1600 Possession of leased thing by lessee prior to transfer.1601 Compensation for damages to lessee in case of notice of

termination.1602 E�ects of possibility of pleading lease against third person.1603 Clause providing for termination in case of alienation.1604 Sale of leased thing with redemption clause.1605 Release or assignment of rental.1606 Extinction of rights of lessor.

Section II Lease of Urban Premises(10)

1607 Maximum duration of leases of houses.1608 Security for payment of rent.1609 Minor repairs chargeable to tenant.1610 Cleaning of wells and cesspools.

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1611 Burning of house occupied by more than one tenant.1612 Withdrawal clause in favor of lessor.1613 Withdrawal privilege of civil servants.1614 Death of tenant.

Section III Lease of Productive Property

§ 1 GENERAL PROVISIONS1615 Management and enjoyment of productive property.1616 Inde�nite time contract.1617 Duties of lessor.1618 Non-performance by lessee.1619 Right of supervision.1620 Increased productivity of property.1621 Repairs.1622 Losses caused by repairs.1623 Supervening changes in contractual relationship.1624 Prohibition against subletting. Assignment of contract.1625 Termination clause in case of alienation.1626 Incapacity or insolvency of lessee.1627 Death of lessee.

§ 2 LEASE OF RURAL LANDS1628 Minimum duration of contract.1629 Lands leased intended for reforestation.1630 Inde�nite time leases.1631 Extent of lands.1632 (Repealed).(11)

1633 (Repealed).(11)

1634 (Repealed).(11)

1635 Fortuitous loss of crops in leases for more than one year.1636 Fortuitous loss of crops in annual leases.1637 Assumption of liability for fortuitous events.1638 Compulsory expropriation in the public interest.1639 Rental.1640 Farm supplies.1641 Livestock.1642 Ownership of delivered livestock.1643 Risk of loss of livestock.1644 Increase and products of livestock.1645 Return of livestock.1646 Relationship between incoming and outgoing tenants.

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§ 3 LEASE TO FARMER WHO CULTIVATESPERSONALLY1647 Notion.1648 Ordinary fortuitous events.1649 Sublease.1650 (Repealed).(11)

1651 (Repealed).(11)

1652 Advances to tenant.1653 (Repealed).(11)

1654 Mandatory nature of provisions.

CHAPTER VII INDEPENDENT CONTRACT1655 Notion.1656 Subcontract.1657 Determination of compensation.1658 Furnishing materials.1659 Variations agreed upon with respect to plans.1660 Necessary variations in plans.1661 Variations ordered by customer.1662 Inspection of work in process.1663 Notice of defects in materials.1664 Supervening hardship or di�culty in performance.1665 Testing of and payment for work.1666 Testing and payment of individual parts.1667 Non-conformity or defects in work.1668 Contents of warranty against defects in work.1669 Destruction of and defects in immovables.1670 Liability of sub-contractors.1671 Unilateral withdrawal from contract.1672 Impossibility of performance of work.1673 Destruction or deterioration of the property.1674 Death of independent contractor.1675 Rights and obligations of contractor's heirs.1676 Rights of auxiliaries of independent contractor with respect to

customer.1677 Continuous or periodic performance of services.

CHAPTER VIII CONTRACT OF CARRIAGESection I General Provisions

1678 Notion.1679 Lines operated as public service.1680 Extent of applicability of rules.

Section II Transportation of Persons1681 Liability of carrier.1682 Liability of carrier in transportation involving connecting.

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Section III Transportation of Things1683 Information and documents to be furnished to carrier.1684 Bill of lading and shipping receipts.1685 Rights of shipper.1686 Hindrances and delays in e�ecting transportation.1687 Delivery of things.1688 Time limit for delivery.1689 Rights of consignee.1690 Impediments to delivery.1691 Bill of lading to order or shipping receipt to order.1692 Liability of carrier to shipper.1693 Liability for loss and deterioration.1694 Presumption of fortuitousness.1695 Natural shrinkage.1696 Evaluation of damages in case of loss or deterioration.1697 Ascertainment of loss or deterioration.1698 Extinguishment of cause of action against carrier.1699 Transportation with forwarding of things.1700 Connecting carriers.1701 Power of ascertainment by consecutive carriers.1702 Collection of claims by last carrier.

CHAPTER IX MANDATESection I General Provisions

1703 Notion.1704 Mandate with power of representation.1705 Mandate without power of representation.1706 Purchases by mandate.1707 Creditors of mandatory.1708 Scope of mandate.1709 Presumption of compensation.

§ 1 OBLIGATIONS OF MANDATORY1710 Diligence required of mandatory.1711 Limits of mandate.1712 Notice of performance of mandate.1713 Duty to render account.1714 Interest on sums collected.1715 Liability for obligations of third persons.1716 Mandate with more than one mandatory.1717 Substitute for mandatory.1718 Custody of property and protection of rights of principal.

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§ 2 OBLIGATIONS OF PRINCIPAL1719 Means necessary to perform mandate.1720 Expenses and remuneration of mandatory.1721 Right of mandatory to pay self.

§ 3 EXTINGUISHMENT OF MANDATE1722 Causes of extinguishment.1723 Revocability of mandate.1724 Implied revocation.1725 Revocation of non-gratuitous mandate.1726 Revocation of mandate given by more than one principal.1727 Renunciation by mandatory.1728 Death or incapacity of principal or mandatory.1729 Cause for extinguishment unknown to mandatory.1730 Extinguishment of mandate given to more than one mandatory.

Section II Commission1731 Notion.1732 Credit transactions.1733 Amount of commission.1734 Revocation.1735 Commission agent acting in own behalf.1736 Del credere commission.

Section III Forwarding Contract1737 Notion.1738 Revocation.1739 Obligations of forwarding agent.1740 Rights of forwarding agent.1741 Forwarding agent acting as carrier.

CHAPTER X CONTRACT OF AGENCY1742 Notion.1743 Exclusive right.1744 Collection of claims.1745 Representation by agent.1746 Duties of agent.1747 Impediment of agent.1748 Right of agent and obligations of principal.(17)

1749 Non-performance of contract.(18)

1750 Term of contract or withdrawal.(19)

1751 Indemnity in case of termination of relationship.(20),(21)

1751-bis Non competition agreement.1752 Agent with power to represent principal.1753 Insurance agents.

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CHAPTER XI BROKERAGE1754 Broker.1755 Commission.1756 Reimbursement of expenses.1757 Commission in case of conditional or invalid contracts.1758 More than one broker.1759 Liability of broker.1760 Duties of professional broker.1761 Representation by broker.1762 Undisclosed contracting party.1763 Broker acting as surety.1764 Penalties.1765 Special laws.

CHAPTER XII DEPOSITSection I Deposit in General

1766 Notion.1767 Contract presumed to be gratuitous.1768 Diligence in duty of custody.1769 Liability of incapacitated depositary.1770 Manner of custody.1771 Request for restitution and duty to take back thing.1772 Deposit by more than one depositor or with more than one

depositary.1773 Third person with interest in deposit.1774 Place for and expenses relating to restitution of thing.1775 Return of fruits.1776 Duties of heir of depositary.1777 Person to whom thing must be returned.1778 Thing deriving from criminal o�ense.1779 Depositary's own property.1780 Loss of custody of thing for cause not imputable to depositary.1781 Rights of depositary.1782 Irregular deposit.

Section II Deposit in Hotels1783 Responsibility for things brought into hotel.1784 Responsibility for property consigned and

obligations of hotel-keeper.1785 Limitations of responsibility.1785-bis Responsibility for negligence of the hotel-keeper.1785-ter Obligation to report the damage.1785-quater Nullity.1785-quinquies Limits of applicability.1786 Establishments and places classi�ed with hotels.

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Section III Deposit in General Warehouses1787 Responsibility of warehouses.1788 Rights of depositor.1789 Sale of deposited goods.1790 Warehouse receipt.1791 Pledge certi�cate.1792 Naming and transfer of documents.1793 Rights of holder.1794 First endorsement of pledge certi�cate.1795 Rights of holder of warehouse receipt only.1796 Rights of holder of pledge certi�cate who has not received

payment.1797 Action against endorsers.

CHAPTER XIII CONTRACTUALSEQUESTRATION1798 Notion.1799 Duties, rights and powers of sequestrator.1800 Preservation and alienation of things sequestrated.1801 Release of sequestrator.1802 Compensation and reimbursement of expenses of sequestrator.

CHAPTER XIV COMODATO1803 Notion.1804 Obligations of borrower.1805 Loss of thing.1806 Appraisal.1807 Deterioration as result of use.1808 Expenses in connection with use of thing and extraordinary

expenses.1809 Restitution.1810 Comodato for inde�nite time.1811 Death of borrower.1812 Damages to borrower from defects in thing.

CHAPTER XV MUTUO1813 Notion.1814 Transfer of ownership.1815 Interest.1816 Time for repayment established by parties.1817 Time for repayment set by court.1818 Impossibility or serious di�culty of repayment.1819 Repayment in installments.1820 Failure to pay interest.1821 Damage to borrower from defects in things.

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1822 Promise of mutuo.

CHAPTER XVI CURRENT ACCOUNT1823 Notion.1824 Claims excluded from current account.1825 Interest.1826 Expenses and commissions.1827 E�ects of entry in account.1828 E�ects of security for claims entered.1829 Claims against third persons.1830 Sequestration or attachment of balance.1831 Closing of account.1832 Approval of account.1833 Withdrawal from contract.

CHAPTER XVII BANKING CONTRACTSSection I Bank Deposits

1834 Deposits of money.1835 Savings account book.1836 Quali�cation of holder.1837 (Repealed).(30)

1838 Deposit of securities for administration.Section II Banking Service Concerning Safe Deposit Boxes

1839 Safe deposit boxes.1840 Opening of safe deposit box.1841 Forcible opening of box.

Section III Opening of Bank Credit1842 Notion.1843 Utilization of credit.1844 Security.1845 Withdrawal from contract.

Section IV Bank Advances1846 Disposability of things pledged.1847 Insurance of goods.1848 Safekeeping expenses.1849 Withdrawal of goods or securities.1850 Decrease in security.1851 Advance secured by irregular pledge.

Section V Banking Transactions for Current Account1852 Disposal of credit by customer.1853 Compensation of balances in more than one relationship or

more than one account.1854 Current account in name of more than one person.1855 Transaction on inde�nite time basis.1856 Execution of instructions.

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1857 Applicable rules.Section VI Bank Discount

1858 Notion.1859 Discount of bills of exchange.1860 Discount of drafts with documents attached.

CHAPTER XVIII PERPETUAL ANNUITY1861 Notion.1862 Applicable rules.1863 Real annuity and simple annuity.1864 Security for simple annuity.1865 Redemption right in perpetual annuity.1866 Exercise of redemption.1867 Compulsory redemption.1868 Redemption in case of insolvency of debtor.1869 Other kinds of annuities.1870 Acknowledgement.1871 Annuities of State.

CHAPTER XIX LIFE ANNUITY1872 Methods of constitution.1873 Determination of duration.1874 Establishment in favor of more than one person.1875 Life annuity established in favor of third person.1876 Annuity established for person already deceased.1877 Resolution of non-gratuitous life annuity.1878 Non-payment of due installments.1879 Prohibition of redemption and supervening hardship.1880 Method of payment of the annuity.1881 Sequestration or attachment of life annuity.

CHAPTER XX INSURANCESection I General Provisions

1882 Notion.1883 Engaging in insurance.1884 Mutual insurance.1885 Marine insurance.1886 Social security insurance.1887 Duration of o�er.1888 Evidence of the contract.1889 Policies to order or to bearer.1890 Insurance in name of another.1891 Insurance acquired for account of third person or for account of

whom it may concern.1892 Misrepresentations or fraudulent or grossly negligent failure to

disclose.

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1893 False representation or withholding of information withoutfraud or gross negligence.

1894 Insurance in name of or for account of third persons.1895 Non-existence of risk.1896 Cessation of risk during insurance.1897 Reduction in risk.1898 Increase in risk.1899 Duration of insurance.1900 Accidents caused by fraud or gross negligence of insured or

persons for whose acts insured is answerable.1901 Non-payment of premium.1902 Consolidation, merger, and forced administrative liquidation.1903 Insurance agents.

Section II Property Damage Insurance1904 Insurable interest.1905 Extent of compensation.1906 Damages caused by defects in property.1907 Partial insurance.1908 Value of insured property.1909 Insurance for amount in excess of value of property.1910 Insurance with more than one insurer.1911 Co-insurance.1912 Earthquake, war, insurrection, riots.1913 Notice to insurer in case of accident.1914 Duty to salvage property.1915 Non-performance of duty to give notice or to salvage property.1916 Right of subrogation of insurer.1917 Liability insurance.1918 Alienation of insured property.

Section III Life Insurance1919 Insurance on own life or on life of third person.1920 Insurance in favor of third person.1921 Change of bene�ciaries.1922 Forfeiture of bene�cial interest.1923 Rights of creditors and heirs.1924 Non-payment of premiums.1925 Redemption and reduction of policy.1926 Change of occupation of insured.1927 Suicide of insured.

Section IV Reinsurance1928 Evidence.1929 E�ects of the contract.1930 Rights of reinsured in case of forced administrative liquidation.1931 Compensation of claims and debts.

Section V Final Provisions1932 Mandatory rules.

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CHAPTER XXI GAMBLING AND WAGERING1933 Non-actionability.1934 Competitive sports.1935 Authorized lotteries.

CHAPTER XXII SURETYSHIPSection I General Provisions

1936 Notion.1937 Manifestation of intent.1938 Suretyship for future or conditional obligations.1939 Validity of suretyship.1940 Surety of surety.1941 Limitations of surety.1942 Scope of suretyship.1943 Obligation to furnish surety.

Section II Relationship between Creditor and Surety1944 Obligation of surety.1945 Defenses of surety.1946 Suretyship undertaken by more than one person.1947 Bene�t of division.1948 Obligation of surety of surety.

Section III Relationships between Surety and PrimaryDebtor

1949 Surety subrogated to rights of creditor.1950 Recourse against primary debtor.1951 Recourse against more than one primary debtor.1952 Limitations on actions against primary debtor.1953 Release of surety.

Section IV Relationships among Co-Sureties1954 Recourse against co-sureties.

Section V Extinguishment of Suretyship1955 Release of surety caused by creditor.1956 Release of surety for future obligation.1957 Maturity of primary obligation.

CHAPTER XXIII MANDATE TO GRANT CREDIT1958 E�ects.1959 Supervening insolvency of principal or of third person.

CHAPTER XXIV ANTICHRESIS1960 Notion.1961 Obligations of creditor in antichresis.1962 Duration of antichresis.1963 Prohibition of foreclosure agreement.

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1964 Fruits set o� against interest.

CHAPTER XXV COMPROMISE1965 Notion.1966 Capacity to compromise and disposability of rights.1967 Evidence.1968 Compromise concerning falsity of documents.1969 Mistake of law.1970 Lesion.1971 Compromise involving baseless claim.1972 Compromise involving void transaction.1973 Voidability on grounds of false documents.1974 Voidability on grounds of res judicata.1975 Voidability on grounds of discovery of documents.1976 Dissolution of compromise for non-performance.

CHAPTER XXVI ASSIGNMENT FOR BENEFITOF CREDITORS1977 Notion.1978 Form.1979 Power of creditors to whom assignment is made.1980 E�ects of assignment.1981 Costs.1982 Apportionment.1983 Examination by debtor.1984 Release of debtor.1985 Withdrawal from contract.1986 Annulment and dissolution of contract.

TITLE IV UNILATERAL PROMISES1987 E�ects of promises.1988 Promise of payment and acknowledgment of debt.1989 Promise to public.1990 Revocation of promise.1991 Cooperation of persons.

TITLE V NEGOTIABLE INSTRUMENTS

CHAPTER I GENERAL PROVISIONS1992 Performance.1993 Defenses which can be raised.1994 E�ects of possession in good faith.1995 Transfer of incidental rights.1996 Documents of title.1997 Validity of liens upon right embodied in negotiable instrument.

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1998 Instruments carrying right to premiums.1999 Conversion of instruments.2000 Consolidation and splitting of instruments.2001 Special rules.2002 Qualifying documents and improper negotiable instruments.

CHAPTER II BEARER INSTRUMENTS2003 Transfer of instrument and quali�cation of holder.2004 Restrictions on power to issue.2005 Worn instrument.2006 Loss or theft of instrument.2007 Destruction of instrument.

CHAPTER III INSTRUMENTS TO ORDER2008 Quali�cation of holder.2009 Form of endorsement.2010 Conditional or partial endorsement.2011 E�ects of endorsement.2012 Liability of endorser.2013 Endorsement to collecting agent or by power of attorney.2014 Endorsement constituting pledge.2015 Assignment of instrument to order.2016 Procedure for amortization.2017 Objection by present holder.2018 Rights of petitioner during time limit for objection.2019 E�ects of amortization.2020 Special laws.

CHAPTER IV INSTRUMENTS IN REGISTEREDFORM2021 Quali�cation of holder.2022 Transfer.2023 Transfer by endorsement.2024 Liens imposed on claim contained in instrument.2025 Usufruct.2026 Pledge.2027 Amortization.

TITLE VI MANAGEMENT OF AFFAIRS OFANOTHER2028 Duty to continue management.2029 Capacity for management.2030 Obligations of manager.2031 Duties of the interested party.2032 Rati�cation by interested person.

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TITLE VII PAYMENT OF WHAT IS NOT DUE2033 Payment of non-existing debt.2034 Natural obligations.2035 Performance contrary to morals.2036 Payment of another's debt.2037 Duty to return speci�ed thing.2038 Transfer of thing received when not due.2039 Payment received by person lacking capacity.2040 Reimbursement for expenses and improvements.

TITLE VIII UNJUST ENRICHMENT2041 General cause of action for unjust enrichment.2042 Ancillary character of action.

TITLE IX UNLAWFUL ACTS2043 Compensation for unlawful acts.2044 Self-defense.2045 State of necessity.2046 Person not chargeable with injury.2047 Injury caused by person lacking capacity.2048 Liability of parents, guardians, teachers, and masters of

apprentices.2049 Liability of masters and employers.2050 Liability arising from exercise of dangerous activities.2051 Damage caused by things in custody.2052 Damage caused by animals.2053 Collapse of buildings.2054 Circulation of vehicles.2055 Liability in solido.2056 Measure of damages.2057 Permanent injury.2058 Speci�c redress.2059 Non-patrimonial damages.

BOOK FIVE LABOR

TITLE I RULES GOVERNING OCCUPATIONALACTIVITIES

CHAPTER I GENERAL PROVISIONS2060 Labor.2061 Regulation of occupational categories.2062 Occupational exercise of economic activities.

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CHAPTER II CORPORATIVE ORDINANCESAND COLLECTIVE ECONOMIC AGREEMENTS(1)

[2063 Subject matter.[2064 Formation and publication.[2065 Scope.[2066 Mandatory nature.

CHAPTER III COLLECTIVE LABORAGREEMENTS AND EQUIVALENTCORPORATIVE NORMS2067 Contracting parties.2068 Labor relations excluded from collective agreements.2069 Scope.2070 Criteria of implementation.2071 Contents.[2072 Filing and publication.[2073 Notice of termination.[2074 E�ectiveness after expiration.[2075 E�ectiveness in case of organizational changes.[2076 Voidable collective agreements.2077 E�ects of collective agreement on individual contracts.2078 E�ectiveness of usage.2079 Relations of agrarian associations and of leases to farmer who

cultivates personally.2080 Colonia parziaria contract and lease with duty to make

improvements.[2081 Norms equivalent to collective agreement.

TITLE II LABOR IN THE ENTERPRISE

CHAPTER I ENTERPRISE IN GENERALSection I Enterpriser

2082 Enterpriser.2083 Small enterprisers.2084 Conditions for the operation of an enterprise.2085 Objectives of production.2086 Management and hierarchy in the enterprise.2087 Protection of working conditions.[2088 Liability of enterpriser.[2089 Non-observance of duties of enterprisers.[2090 Procedure.[2091 Penalties.[2092 Penalties contemplated by special laws.2093 Enterprises operated by public bodies.

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Section II Collaborators of Enterprises2094 Subordinate employee.2095 Categories of employees.

Section III Employment Relations

§ 1 ESTABLISHMENT OF EMPLOYMENTRELATIONS2096 Hiring on probation.2097 (Repealed).(5)

2098 Violation of rules concerning hiring of workers.

§ 2 RIGHTS AND DUTIES OF PARTIES2099 Remuneration.2100 Compulsory piecework remuneration.2101 Rate scales for piecework.2102 Participation in pro�ts.2103 Duties of employee.2104 Diligence of employee.2105 Duty of loyalty.2106 Disciplinary sanctions.2107 Hours of work.2108 Overtime and night work.2109 Rest periods.2110 Accident, sickness, pregnancy, child-birth.2111 Military service.2112 Maintenance of the rights of the workers in the event of

transfer of business.2113 Waivers and compromise settlements.

§ 3 SOCIAL SECURITY AND ASSISTANCE2114 Compulsory social security and assistance.2115 Contributions.2116 Bene�ts.2117 Special funds for social security and assistance.

§ 4 TERMINATION OF EMPLOYMENT2118 Withdrawal from inde�nite time contract.2119 Withdrawal for cause.2120 Rules on employment termination treatment.(15)

2121 Computation of notice indemnity.2122 Indemnity and allowance in case of death.2123 Forms of security.2124 Employment certi�cate.2125 Agreement not to compete.

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§ 5 FINAL PROVISIONS2126 De facto performance in violation of laws.2127 Prohibition of interposition in piecework.2128 Work at home.2129 Employment contract for employees of public bodies.

Section IV Apprenticeship2130 Duration of apprenticeship.2131 Remuneration.2132 Professional instruction.2133 Apprenticeship certi�cate.2134 Rules applicable to apprenticeship.

CHAPTER II AGRICULTURAL ENTERPRISESection I General Provisions

2135 Agricultural enterprisers.2136 Inapplicability of rules on registration.2137 Liability of agricultural enterprisers.2138 Managers and country estate superintendents.2139 Interchange of labor or services.2140 (Repealed).(19)

Section II Sharecropping2141 Notion.2142 Farm family.2143 Sharecropping for inde�nite time.2144 Sharecropping for de�nite time.2145 Rights and duties of grantor.2146 Contribution of livestock and supplies.2147 Duties of sharecropper.2148 Duty of residence and of custody.2149 Assignment forbidden.2150 Representation of farm family.2151 Expenses of cultivation.2152 Improvements.2153 Minor maintenance repairs.2154 Advances for maintenance of farm family.2155 Harvesting and partition of products.2156 Sale of products.2157 Grantor's right of preference.2158 Death of one of parties.2159 Termination of contract.2160 Transfer of right of enjoyment of land.2161 Farm account book.2162 Evidentiary value of farm account book.2163 Allotment of livestock and supplies at end of sharecropping.

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Section III Colonia Parziaria2164 Notion.2165 Duration.2166 Duties of grantor.2167 Duties of farmer.2168 Death of one of parties.2169 References.

Section IV Soccida

§ 1 GENERAL PROVISIONS2170 Notion.

§ 2 SIMPLE SOCCIDA2171 Notion.2172 Duration of contract.2173 Management of enterprise and hiring of labor.2174 Duties of bailee.2175 Loss of cattle.2176 Replacement of cattle contributed.2177 Transfer of rights in cattle.2178 Increase, products, pro�ts and expenses.2179 Death of one of the parties.2180 Termination of contract.2181 Taking and partition of cattle at termination of contract.

§ 3 MUTUAL SOCCIDA2182 Contribution of cattle.2183 Replacement of cattle contributed.2184 Partition of livestock, products, and pro�ts.2185 Reference.

§ 4 SOCCIDA WITH CONTRIBUTION OFFACILITIES FOR PASTURE2186 Notion and provisions applicable.

Section V Final Provisions2187 Usage.

CHAPTER III BUSINESS ENTERPRISES ANDOTHER ENTERPRISES SUBJECT TOREGISTRATION

Section I Register of Enterprises

2188 Register of enterprises.2189 Procedure for entry in the register.2190 Entry ex o�cio.

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2191 Cancellation ex o�cio.2192 Appeal against decree issued by judge in charge of register.2193 E�ects of entry.2194 Non-observance of duty to make entry.

Section II Duty of Registration2195 Enterprisers subject to registration.2196 Registration of enterprise.2197 Branches.2198 Minors, incompetent, and disabled persons.2199 Indication of registration.2200 Companies.2201 Public bodies.2202 Small enterprisers.

Section III Special Provisions for Business Enterprises

§ 1 POWER OF REPRESENTATION2203 Appointment of managing agent.2204 Powers of managing agent.2205 Duties of managing agent.2206 Publication of power of attorney.2207 Modi�cation and revocation of power of attorney.2208 Personal liability of managing agent.2209 Attorneys.2210 Powers of employees of the enterpriser.2211 Powers to deviate from standard contractual conditions.2212 Powers of employees with respect to business transacted.2213 Powers of employees in charge of sales.

§ 2 ACCOUNTING RECORDS2214 Mandatory books and other commercial books.2215 Journal and inventory book.2215-bis Electronic documentation.2216 Contents and certi�cation of journal.2217 Drawing up of inventory.2218 Optional stamping and certi�cation.2219 Keeping of accounts.2220 Preservation of accounting records.

§ 3 INSOLVENCY2221 Bankruptcy and composition before bankruptcy.

TITLE III AUTONOMOUS LABOR

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CHAPTER I GENERAL PROVISIONS2222 Independent labor contract.2223 Supply of materials.2224 Performance of work.2225 Compensation.2226 Deviation and defects in work.2227 Unilateral withdrawal from contract.2228 Supervening impossibility of performance of work.

CHAPTER II INTELLECTUAL PROFESSIONS2229 Exercise of intellectual professions.2230 Performance of intellectual work.2231 Lack of registration.2232 Performance of work.2233 Compensation.2234 Expenses and advances.2235 Prohibition against withholding.2236 Liability of person rendering professional services.2237 Withdrawal.2238 Cross-references.

TITLE IV SUBORDINATE LABOR INPARTICULAR RELATIONSHIPS

CHAPTER I GENERAL PROVISIONS2239 Rules applicable.

CHAPTER II DOMESTIC LABOR2240 Rules applicable.2241 Probation period.2242 Food, lodging, and assistance.2243 Rest period.2244 Withdrawal.2245 Seniority allowance.2246 Work certi�cate.

TITLE V COMPANIES

CHAPTER I GENERAL PROVISIONS2247 Association contract.(41)

2248 Common ownership for enjoyment.2249 Types of companies.2250 References in records and correspondence.

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CHAPTER II INFORMAL PARTNERSHIPSection I General Provisions

2251 Informal partnership contract.2252 Amendments to contract of partnership.

Section II Relations among Partners2253 Contributions.2254 Warranties and risks of contributions.2255 Contribution of claims.2256 Illegal use of partnership assets.2257 Several management.2258 Joint management.2259 Revocation of managerial powers.2260 Rights and duties of managers.2261 Supervision by partners.2262 Pro�ts.2263 Apportionment of pro�ts and losses.2264 Participation in pro�ts and losses referred to determination of

third person.2265 Leonine stipulation.

Section III Relations with Third Persons2266 Representation of partnership.2267 Liability for obligations of partnership.2268 Prior exhaustion of remedies on partnership assets.2269 Liability of new partner.2270 Personal creditor of a partner.2271 Compensation not permissible.

Section IV Dissolution of Partnerships2272 Causes for dissolution.2273 Tacit extension.2274 Powers of managers after dissolution.2275 Liquidators.2276 Duties and liability of liquidators.2277 Inventory.2278 Powers of liquidators.2279 New transactions prohibited.2280 Payment of partnership debts.2281 Restitution of property contributed for enjoyment.2282 Distribution of assets.2283 Distribution of property in kind.

Section V Dissolution of Partnership Relationship withRespect to Only One Partner

2284 Death of partner.2285 Withdrawal of a partner.2286 Removal.2287 Procedure for removal.2288 Removal by operation of law.

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2289 Liquidation of share of retiring partner.2290 Liability of retiring partner or his heirs.

CHAPTER III GENERAL PARTNERSHIP2291 Notion.2292 Business name.2293 Applicable rules.2294 Person lacking capacity.2295 Articles of association.2296 Publication.2297 Failure to register.2298 Representation of partnership.2299 Branch o�ces.2300 Amendments to articles of association.2301 Prohibition of competition.2302 Accounting records.2303 Limitations on distribution of pro�ts.2304 Liability of partners.2305 Personal creditor of partner.2306 Reduction of capital.2307 Extension of duration of partnership.2308 Dissolution of partnership.2309 Publication of appointment of liquidators.2310 Representation of partnership in process of liquidation.2311 Final liquidation balance sheet and proposal for distribution.2312 Cancellation of partnership.

CHAPTER IV LIMITED PARTNERSHIP2313 Notion.2314 Business name.2315 Applicable rules.2316 Articles of association.2317 Failure to register.2318 General partners.2319 Appointment and removal of managers.2320 Special partners.2321 Pro�ts received in good faith.2322 Transfer of share.2323 Causes for dissolution.2324 Rights of partnership creditors after liquidation.

CHAPTER V(♦) JOINT STOCK COMPANIESSection I General Provisions

2325 Liability.2325-bis Companies which make recourse to the market of capitals.

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2326 Company name.2327 Minimum capital amount.2328 Articles of association.2329 Conditions for incorporation.2330 Deposit of the articles of association and registration of the

company.2331 E�ects of registration.2332 Nullity of company.

Section II Formation Through Public Subscription2333 Prospectus and subscription of shares.2334 Payments and calling of meeting of subscribers.2335 Meeting of the subscribers.2336 Execution and deposit of articles of association.

Section III Promoters and Founding Shareholders2337 Promoters.2338 Obligations of promoters.2339 Liability of promoters.2340 Limitations on bene�ts reserved for promoters.2341 Founding shareholders.

Section III-bis Shareholders Agreements2341-bis Shareholders agreements.2341-ter Publicity of shareholders agreements.

Section IV Contributions2342 Contributions.2343 Appraisal of contributions in kind or of claims.2343-bis Purchase by the company from promoters, founders,

shareholders and directors.2343-ter Contribution of property in kind or claims without a

report on the value.2343-quater Extraordinary or relevant events that a�ect the

appraisal.2344 Failure to pay quota.2345 Accessory performances.

Section V Shares and Other Financial Instruments ofParticipation

2346 Issue of shares.2347 Indivisibility of shares.2348 Categories of shares.2349 Shares and �nancial instruments in favor of

employees.2350 Right to pro�t and to share in liquidation.2351 Voting right.2352 Pledge, usufruct and attachment of shares.2353 Enjoyment shares.2354 Shares.2355 Circulation of shares.

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2355-bis Limits to the circulation of shares.2356 Liability in case of transfer of shares not fully paid.2357 Purchase of own shares.2357-bis Special case of purchase of own shares.2357-ter Rules concerning own shares.2357-quarter Prohibition of subscription of its own shares.2358 Other transactions on the shares of the company.2359 Controlled companies and a�liated companies.2359-bis Acquisition of shares or quotas by controlled

companies.2359-ter Transfer or annulment of the shares or quotas of the

controlling company.2359-quarter Special cases of purchase or possession of shares or

quotas of the controlling company.2359-quinquies Underwriting of shares or quotas of the controlling

company.2360 Prohibition of mutual subscription of shares.2361 Participations.2362 Sole shareholder.

Section VI Meeting of Shareholders2363 Place of convening of the meeting.2364 Regular meetings in companies without a supervisory board.2364-bis Regular meeting in companies with a supervisory board.2365 Special meeting.2366 Formalities to calling of meeting.2367 Calling of meeting upon request of shareholders.2368 Constitution of meeting and validity of resolutions.2369 Second call and subsequent calls.2370 Right of participation in the meeting and exercise of the

voting right.2371 Chairmanship of the meeting.2372 Proxies at meeting.2373 Con�ict of interest.2374 Postponement of the meeting.2375 Minutes of meeting's resolutions.2376 Particular meetings.2377 Invalidity of resolutions.2378 Procedure for challenging the resolution.2379 Invalidity of resolutions.2379-bis Amnesty of the nullity.2379-ter Invalidity of the resolution for capital increase or reduction

and of the issue of bonds.Section VI-bis Management and Control

§ 1 GENERAL PROVISIONS2380 Systems of management and control.

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§ 2 DIRECTORS2380-bis Management of the company.2381 Chairman, executive committee and managing directors.2382 Causes of ineligibility and forfeiture.2383 Appointment and removal of directors.2384 Powers of representation.2385 Cessation of o�ce of directors.2386 Replacement of directors.2387 Requirements of honorableness, professionalism and

independence.2388 Validity of resolution of board of directors.2389 Directors' fees.2390 Competition prohibited.2391 Interests of directors.2391-bis Transactions with related parties.2392 Liability to company.2393 Company action for liability.2393-bis Company action for liability by shareholders.2394 Liability to company creditors.2394-bis Liability actions in insolvency procedures.2395 Individual action of the shareholders and of the third

person.2396 General managers.

§ 3 BOARD OF STATUTORY AUDITORS2397 Composition of the board.2398 Chairmanship of the board.2399 Causes of ineligibility and forfeiture.2400 Appointment and cessation of o�ce.2401 Replacement.2402 Remuneration.2403 Duties of board of statutory auditors.2403-bis Powers of the board of statutory auditors.2404 Meetings and resolutions of the board.2405 Attendance at meetings of board of directors and at

meetings of shareholders.2406 Omissions by directors.2407 Liability.2408 Complaint to board of statutory auditors.2409 Report to tribunal.

§ 4 THE AUDIT OF ACCOUNTS2409-bis The audit of accounts.2409-ter (Repealed).(62)

2409-quarter (Repealed).(62)

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2409-quinquies (Repealed).(62)

2409-sexies (Repealed).(62)

2409-septies Exchange of information.

§ 5 THE DUALISTIC SYSTEM2409-octies System based on a management board and

on a supervisory board.2409-novies Management board.2409-decies Company action for liability.2409-undecies Applicable rules.2409-duodecies Supervisory board.2409-terdecies Powers of the supervisory board.2409-quaterdecies Applicable rules.2409-quinquiesdecies Accounting control.

§ 6 MONISTIC SYSTEM2409-sexiesdecies System based on the board of directors and on a

committee established within the board ofdirectors.

2409-septiesdecies Board of directors.2409-octiesdecies Committee for the control of management.2409-noviesdecies Applicable provisions and audit.

Section VII Debentures2410 Issuance.2411 Rights of the debenture holders.2412 Limitations to the issuance.2413 Reduction of capital.2414 Content of debentures.2414-bis Creation of guarantees.2415 Meeting of debentures holders.2416 Challenge of resolutions of meeting.2417 Joint representative.2418 Duties and powers of joint representative.2419 Individual action by debenture holders.2420 Drawing of lots on debentures.2420-bis Debentures convertible into shares.2420-ter Delegation to directors.

Section VIII Company Books2421 Mandatory books.2422 Right to inspect books.

Section IX Annual Accounts2423 Drawing up of annual accounts.2423-bis Principles applicable to the drawing up of annual accounts.2423-ter Structure of the balance sheet and of the pro�t and loss

account.2424 Contents of balance sheet.

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2424-bis Provisions relating to individual items of the balance sheet.2425 Contents of pro�t and loss account.2425-bis Entry of revenues, income costs and charges.2426 Evaluation criteria.2427 Contents of integrative note.2427-bis Information pertaining to the fair value of �nancial

instruments.2428 Report on operations.2429 Report of statutory auditors and deposit of annual accounts.2430 Legal reserve fund.2431 Premium on shares.2432 Participation in pro�ts.2433 Distribution of pro�ts to shareholders.2433-bis Accounts on dividends.2434 Action for liability.2434-bis Invalidity of the resolution of approval of the accounts.2435 Publication of annual accounts and of the list of the

shareholders and of the holders of rights on shares.2435-bis Annual accounts in abbreviated form.

Section X Amendments to By-laws2436 Filing, registration and publication of amendments.2437 Right of withdrawal.2437-bis Terms and modalities of exercise.2437-ter Criteria for the determination of the value of the

shares.2437-quater Liquidation procedure.2437-quinquies Special provisions for the companies with shares

listed on regulated markets.2437-sexies Shares which may be redeemed.2438 Increase of capital stock.2439 Subscription and payments.2440 Contributions of property in kind and of payments.2440-bis Increase of share capital delegated through

contributions in kind of property and claimswithout an appraisal report.

2441 Right of option.2442 Transfer of reserves to capital.2443 Delegation to directors.2444 Registration in the register of enterprises.2445 Reduction of the capital.2446 Reduction of capital pursuant to losses.2447 Reduction of capital below legal minimum.

Section XI Of Dedicated Assets to a Speci�ed BusinessActivity

2447-bis Allocation of dedicated assets to speci�ed businessactivities.

2447-ter Resolution constituting a dedicated assets.

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2447-quater Publicity for the creation of dedicated assets.2447-quinquies Creditors' rights.2447-sexies Statutory books and other account books.2447-septies Annual accounts.2447-octies Special meetings.2447-novies Final report.2447-decies Financing allocated to a speci�c business activity.

Section XII2448 E�ects of publication in the register of enterprises.

Section XIII Of Companies in Which the State or PublicBodies Participate

2449 Companies in which the State or public bodies participate.2450 Directors and statutory auditors appointed by State or by public

bodies.Section XIV Companies A�ecting National Interest

2451 Applicable rules.

CHAPTER VI(♦) LIMITED PARTNERSHIP BYSHARES2452 Liability and shareholdings.2453 Business name.2454 Applicable rules.2455 General partners.2456 Removal of directors.2457 Replacement of directors.2458 Cessation of all managing partners from o�ce.2459 Statutory auditors, supervisory board and action for liability.2460 Amendment of articles of association.2461 Liability of general partners to third persons.

CHAPTER VII(♦) LIMITED LIABILITYCOMPANIES

Section I General Provisions

2462 Notion.2463 Establishment.

Section II Contributions and Quotas2464 Contributions.2465 Appraisal of the contributions of the assets in kind and of

the receivables.2466 Failure of members to pay quotas.2467 Financings of members.2468 Shares of participation.2469 Transfer of quotas.2470 Validity and publicity.2471 Expropriation of quota.

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2471-bis Pledge, usufruct and attachment of the participation.2472 Liability of transferor for payments still due.2473 Resignation of the member.2473-bis Exclusion of a member.2474 Transactions on the company's own participations.

Section III Management of the Company Organs andControls

2475 Management of the company.2475-bis Powers to represent the company.2475-ter Con�ict of interests.2476 Liability of the directors and control of members.2477 Legal control of accounts.2478 Mandatory books of company.2478-bis Accounts and distribution of the pro�ts to members.

Section IV Of the Decisions of Members2479 Decisions of the members.2479-bis Meeting of the members.2479-ter Invalidity of the resolutions of the members.

Section V Amendments to Articles of Association2480 Amendments to articles of association.2481 Increase of capital.2481-bis Increase of capital through new contributions.2481-ter Transfer of reserves to capital.2482 Reduction of capital.2482-bis Reduction of the capital for losses.2482-ter Reduction of the capital below the legal minimum.2482-quarter Reduction of the capital for losses and rights of the

members.2483 Issues of debt securities.

CHAPTER VIII(♦) DISSOLUTION ANDLIQUIDATION OF LIMITED LIABILITYCOMPANY2484 Dissolution.2485 Duties of directors.2486 Powers of directors.2487 Appointment and revocation of the liquidators; criteria for

the liquidation.2487-bis Publicity of the appointment of the liquidators and e�ects.2487-ter Revocation of the liquidation.2488 Corporate bodies.2489 Powers, duties and liability of the liquidators.2490 Accounts during liquidation.2491 Powers and special duties of the liquidators.2492 Final accounts of liquidation.2493 Tacit approval of accounts.

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2494 Deposit of sums not collected.2495 Cancellation of company.2496 Filing of company's books.

CHAPTER IX(♦) DIRECTION ANDCOORDINATION OF THE COMPANY2497 Liability.2497-bis Publicity.2497-ter Motivation of decisions.2497-quater Right to withdraw.2497-quinquies Financings in the activity of direction and

coordination.2497-sexies Assumptions.2497-septies Coordination among companies.

CHAPTER X(♦) REORGANIZATION ANDCONSOLIDATION OR MERGER AND SPLIT-UPOF COMPANIES

Section I Reorganization of Companies

2498 Continuity of the legal relationships.2499 Limits to the reorganization.2500 Content, publicity and validity of the reorganization.2500-bis Invalidity of the reorganization.2500-ter Reorganization in partnerships.2500-quarter Allocation of shares or quotas.2500-quinquies Liability of members.2500-sexies Reorganization into a limited company.2500-septies Heterogeneous reorganization from limited

companies.2500-octies Heterogeneous reorganization in limited companies.2500-novies Objections of creditors.

Section II Of the Merger of Companies2501 Forms of consolidation or merger.2501-bis Consolidation or merger as a consequence of an

acquisition with raising of debt.2501-ter Consolidation or merger program.2501-quater Financial statement.2501-quinquies Report of the administrative body.2501-sexies Report by experts.2501-septies Filing of documents.2502 Resolution of consolidation or merger.2502-bis Filing and registration of the consolidation or

merger resolution.2503 Objections by creditors.2503-bis Debentures.2504 Act of consolidation or merger.

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2504-bis E�ects of consolidation or merger.2504-ter Prohibition of allocation of shares or quotas.2504-quater Invalidation of consolidation or merger.2505 Absorption of wholly owned companies.2505-bis Absorption of companies owned at ninety per cent.2505-ter E�ects of the publication of the acts of the merger in

the register of enterprises.2505-quater Mergers to which companies whose capital is

represented by shares do not participate.Section III Split-up of Companies

2506 Forms of split.2506-bis Split-up program.2506-ter Applicable rules.2506-quater E�ects of split-up.

CHAPTER XI(♦) COMPANIES FORMED ABROAD2507 Relationships with EU law.2508 Foreign companies with branch o�ces within territory of

the State.2509 Foreign companies of di�erent type from domestic

companies.2509-bis Liability in case of non-observance of formalities.2510 Companies with prevailing foreign interests.

TITLE VI COOPERATIVE SOCIETIES ANDMUTUAL INSURANCE COMPANIES

CHAPTER I(♦) COOPERATIVE SOCIETIESSection I General Provisions. Cooperative Societies withPrevailing Mutual Purposes

2511 Cooperative societies.2512 Cooperative societies with prevailing mutual purposes.2513 Criteria to determine the prevailing activity.2514 Requisites of cooperative societies with prevailing mutual

purposes.2515 Name of society.2516 Relationships with members.2517 Mutual entities.2518 Liability for social obligations.2519 Applicable rules.2520 Special laws.

Section II Formation2521 Articles of association.2522 Number of members.2523 Filing of the articles of association and registration of the

society.

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2524 Variation of capital.Section III Quotas and Shares

2525 Quotas and shares.2526 Financing members and other subscribers of debt instruments.2527 Requirements of the members.2528 Procedure for admission and open nature of the company.2529 Purchase of society's own quotas or shares.2530 Transferability of quotas or shares.2531 Non-payment of quotas or of shares.2532 Withdrawal of members.2533 Exclusion of members.2534 Death of member.2535 Liquidation of the quota or reimbursement of the shares of the

retiring member.2536 Liability of retiring member or of his heirs.2537 Personal creditor of member.

Section IV Society Organs2538 Meeting of members.2539 Representation at the meeting.2540 Separate meetings.2541 Special meetings of the holders of �nancial

instruments.2542 Board of directors.2543 Control body.2544 Administration systems.2545 Annual report on the mutual assistance activity of

the cooperative society.2545-bis Rights of the members.2545-ter Non-divisible reserves.2545-quater Legal, statutory and voluntary reserves.2545-quinquies Right to the pro�ts and to the reserves of the

cooperating members.2545-sexies Refunds.2545-septies Joint cooperative committee.

Section V Amendments to Articles of Association2545-octies Loss of the quali�cation of cooperative society with

prevailing mutual assistance activity.2545-novies Amendments to articles of association.2545-decies Transformation.2545-undecies Devolution of the assets and transformation

accounts.2545-duodecies Liquidation.2545-terdecies Insolvency.

Section VI The Controls2545-quaterdecies Control on cooperative societies.2545-quinquiesdecies Judicial control.

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2545-sexiesdecies Management by the commissioners.2545-septiesdecies Dissolution by order of the authority.2545-octiesdecies Replacement of the liquidators.

CHAPTER II MUTUAL INSURANCECOMPANIES2546 Notion.2547 Applicable rules.2548 Contributions for establishment of guarantee funds.

TITLE VII ASSOCIATION IN PARTICIPATION2549 Notion.2550 Plurality of associations.2551 Rights and obligations of third persons.2552 Rights of associating party and of associated party.2553 Apportionment of pro�ts and losses.2554 Participation in pro�ts and losses.

CHAPTER I GENERAL PROVISIONS2555 Notion.2556 Enterprises subject to registration.2557 Prohibition of competition.2558 Succession to contracts.2559 Claims of transferred business.2560 Debts of a transferred business.2561 Usufruct of business.2562 Lease of business.

CHAPTER II BUSINESS NAME2563 Business name.2564 Change of business name.2565 Transfer of business name.2566 Registration of business name.2567 Companies.2568 Insignia.

CHAPTER III TRADEMARKS2569 Right of exclusive use.2570 Collective trademarks.2571 Prior use.2572 Prohibition against e�acement of trademark.2573 Transfer of trademark.2574 Special laws.

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TITLE IX RIGHTS IN INTELLECTUAL WORKSAND INDUSTRIAL INVENTIONS

CHAPTER I COPYRIGHT IN INTELLECTUAL,LITERARY, AND ARTISTIC WORKS2575 Object of right.2576 Acquisition of right.2577 Scope of right.2578 Projects.2579 Interpreters and performers.2580 Persons entitled to copyright.2581 Transfer of rights of exploitation.2582 Withdrawal of works from market.2583 Special laws.

CHAPTER II(73) PATENT RIGHTS FORINDUSTRIAL INVENTIONS2584 Exclusivity of right.2585 Subject matter of patent.2586 Patents for new manufacturing methods or processes.2587 Patent dependent on other person's patent.2588 Persons entitled to patent rights.2589 Transferability.2590 Invention by employee.2591 Reference to special laws.

CHAPTER III(96) PATENT RIGHTS FORIMPROVEMENT PROCESSES AND FORORNAMENTAL MODELS AND DESIGNS2592 Improvement processes.2593 Ornamental models and designs.2594 Rules applicable.

TITLE X REGULATION OF COMPETITION ANDSYNDICATES

CHAPTER I REGULATION OF COMPETITIONSection I General Provisions

2595 Legal limits on competition.2596 Contractual limits on competition.2597 Duty to contract in case of monopoly.

Section II Unfair Competition2598 Acts constituting unfair competition.2599 Sanctions.2600 Compensation for damages.

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2601 Action by trade associations.

CHAPTER II SYNDICATES FORCOORDINATION OF PRODUCTION ANDEXCHANGE

Section I General Provisions

2602 Notion and applicable rules.2603 Form and content of contract.2604 Duration of syndicate.2605 Supervision over activities of individual members.2606 Resolutions of syndicate.2607 Amendments to contract.2608 Organs in charge of syndicate.2609 Withdrawal and exclusion.2610 Transfer of business.2611 Causes of dissolution.

Section II Syndicates with Outside Activities2612 Registration in the register of enterprises.2613 Representation in judicial proceedings.2614 Syndicate fund.2615 Liability to third persons.2615-bis Financial statement.

Section II-bis(100)

2615-ter Syndicates in company form.Section III Compulsory Syndicates

2616 Establishment.2617 Syndicates for pooling agricultural products.

Section IV Supervision by Governmental Authorities2618 Approval of contract forming syndicate.2619 Supervision of syndicate activities.2620 Extension of supervision provisions to companies.

TITLE XI PENAL PROVISIONS IN MATTERSRELATING TO COMPANIES ANDSYNDICATES(102)

CHAPTER I OF FALSITY2621 False corporate communications.2622 False corporate communications to the damage of members or

creditors.2623 (Repealed).(105)

2624 (Repealed).(106)

2625 Prevented control.

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CHAPTER II OF OFFENCES MADE BYDIRECTORS2626 Undue restitution of contributions.2627 Illegal repartion of pro�ts and reserves.2628 Illegitimate transactions on shares or quotas of the company

or of the controlling company.2629 Transactions to the prejudice of creditors.2629-bis Failure to communicate the con�ict of interests.

CHAPTER III OF OFFENCES MADE THROUGHOMISSIONS2630 Omitted actions as a consequence of complaints,

communications or deposits.2631 Omitted call of the shareholders meeting.

CHAPTER IV OF OTHER OFFENCES, OFMITIGATING FACTORS AND OF THESECURITY ASSET MEASURES2632 Fictitious formation of the capital.2633 Illegitimate division of corporate assets by the liquidators.2634 Unfaithfulness on assets.2635 Unfaithfulness as a consequence of the giving or

promising of a bene�t.2636 Illegitimate in�uence on the shareholders meeting.2637 Agotage.2638 Obstacle to the exercise of the functions of the public

supervisory authorities.2639 Extension of capacities.2640 Extenuating Circumstance.2641 Forfeiture.2642(113)

BOOK SIX PROTECTION OF RIGHTS

TITLE I TRANSCRIPTION

CHAPTER I TRANSCRIPTION OF ACTSCONCERNING IMMOVABLES2643 Acts subject to transcription.2644 E�ects of transcription.2645 Other acts subject to transcription.2645-bis Transcription of preliminary contracts.2645-ter Transcription of acts of destination for the realization of

interests worthy of protection for persons with disabilities,public administrations or other entities or individuals.

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2646 Transcription of partitions.2647 Constitution of patrimonial fund and separation of property.2648 Acceptance of inheritance and acquisition of legacy.2649 Assignment of property to creditors.2650 Continuity of transcriptions.2651 Transcription of judgments.2652 Legal actions concerning acts subject to transcription.

E�ects of their transcription against third persons.2653 Other actions and acts subject to transcription for di�erent

purposes.2654 Notation of actions or acts subject to transcription.2655 Notation of acts and judgments.2656 Forms of notation.2657 Instruments entitled to transcription.2658 Documents to be presented to keeper of immovable property

records.2659 Note of transcription.2660 Transcription of acquisitions mortis causa.2661 Subsequent transcriptions on the basis of the same

instrument.2662 Transcription of acquisitions mortis causa by one in lieu of

another person called to inheritance.2663 O�ce where transcription shall be made.2664 Conservation of instruments. Transcription and return of

note.2665 Omissions or inaccuracies in notes.2666 Persons a�ected by transcription.2667 Acts performed for incapacitated person.2668 Cancellation of transcription.2668-bis Duration of the validity of the transcription of the judicial

demand.2668-ter Duration of the validity of the transcription of the

attachment on the immovable property and of thesequestration of the immovable property.

2669 Transcription prior to payment of registration tax.2670 Costs of transcription.2671 Duties of public o�cials.2672 Special laws.

CHAPTER II PUBLICITY OF IMMOVABLEPROPERTY RECORDS AND LIABILITY OF THEKEEPERS2673 Duties of keeper.2674 Failure of keeper to perform his duties.2674-bis Transcription and inscription under reservation and appeal.2675 (Repealed).(13)

2676 Divergencies between records, copies and certi�cates.

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2677 O�ce hours for applications for transcriptions andinscriptions.

2678 General register.2679 Other registers to be kept by keeper of immovable property

records.2680 Keeping of registers.2681 Prohibition of removal of registers.2682 (Repealed).(19)

CHAPTER III TRANSCRIPTIONS OFINSTRUMENTS CONCERNING CERTAINMOVABLES

Section I Transcription Concerning Vessels, Aircraft andMotor Vehicles

2683 Property for which publicity is required.2684 Instruments subject to transcription.2685 Other instruments subject to transcription.2686 Judgments.2687 Assignment of property to creditors.2688 Continuity of transcriptions.2689 Usucaption.2690 Legal actions concerning acts subject to transcription.2691 Other actions and acts subject to transcription.2692 Notation of transcription of actions and acts.2693 Transcription of attachment or sequestration.2694 Reference to other laws.2695 Forms and manner of transcription.

Section II Transcription Concerning Other MovableProperty

2696 Reference.

TITLE II EVIDENCE

CHAPTER I GENERAL PROVISIONS2697 Burden of proof.2698 Agreements concerning the burden of proof.

CHAPTER II DOCUMENTARY EVIDENCESection I Public Act

2699 Public act.2700 E�ects of public acts.2701 Conversion of public act.

Section II Private Writing2702 E�ects of private writings.2703 Authenticated signature.

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2704 Date of private writing as to third persons.2705 Telegrams.2706 Conformity of original to delivered text of telegram.2707 Household papers and books of account.2708 Notation at foot, on margin, or on back of document.

Section III Accounting Records of Enterprises Subject toRegistration

2709 Evidentiary value against enterpriser.2710 Evidentiary e�ect between enterprises.2711 Surrendering and submitting books and other accounts.

Section IV Mechanical Reproductions2712 Mechanical reproductions.

Section V Tallies2713 Tallies.

Section VI Copies of Instruments2714 Copies of public acts.2715 Copies of deposited original private writings.2716 Lack of original instrument or of deposited copy.2717 Evidentiary value of other copies.2718 Evidentiary value of partial copies.2719 Photographic copies of writings.

Section VII Acknowledgments or Renewals2720 Evidentiary value.

CHAPTER III PROOF BY WITNESSES2721 Admissibility; limitations with respect to value.2722 Stipulations added or contrary to contents of document.2723 Stipulations subsequent to drawing of document.2724 Exceptions to prohibition of proof by witnesses.2725 Acts for which evidence in writing or written form is required.2726 Proof of payment or remission.

CHAPTER IV PRESUMPTIONS2727 Notion.2728 Evidence against legal presumptions.2729 Mere presumptions.

CHAPTER V CONFESSION2730 Notion.2731 Capacity required for confession.2732 Revocation of confession.2733 Judicial confession.2734 Declarations added to confession.2735 Extra-judicial confession.

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CHAPTER VI JUDICIAL OATHS2736 Kinds of oaths.2737 Capacity of the parties.2738 E�ects.2739 Subject matter.

TITLE III LIABILITY AFFECTING ONE'S OWNPROPERTY, CAUSES FOR PREFERENCE, ANDPROTECTION OF CREDITOR'S EXPECTATIONOF RECOVERY FROM DEBTOR'S ASSETS

CHAPTER I GENERAL PROVISIONS2740 Liability a�ecting one's own property.2741 Concurrence of creditors and causes for preference.2742 Indemnity subrogated to property.2743 Reduction of security.2744 Prohibition of foreclosure agreement (pactum commissorium).

CHAPTER II PRIVILEGESSection I General Provisions

2745 Grounds for privilege.2746 Kinds of privileges.2747 E�ects of privileges.2748 E�ects of special privileges against pledges and mortgages.2749 Scope of privilege.2750 Privileges relating to vessels and aircraft and privileges

established by special laws.Section II Privileges on Movable Property

§ 1 GENERAL PRIVILEGES ON MOVABLEPROPERTY2751 Claims for funeral and medical expenses, support, and

remuneration.2751-bis Claims for remunerations and commissions, claims of

farmers, of cooperative societies or institutions and ofartisan enterprises.

2752 Claims for direct taxes due to the State, for value added taxand for taxes due to local public bodies.

2753 Claims for contributions for compulsory insurance fordisability, old age and survivors.

2754 Claims for contributions to other forms of insurance.

§ 2 PRIVILEGES ON CERTAIN MOVABLES2755 Expenses for acts of conservation or expropriation.2756 Claims for services and expenses in connection with

conservation and improvement.

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2757 Claims for supplies and work necessary for agriculturalproduction.

2758 Claims for indirect taxes.2759 Claims for income tax.2760 Claims of innkeepers.2761 Claims of carriers, mandatories, depositaries, and sequestrators.2762 Machinery vendors' privilege.2763 Claims for emphyteutic rents.2764 Claims of lessor of an immovable.2765 Claims arising from contracts of share cropping and of colonia.2766 (Repealed).(32)

2767 Claims against the insured for compensation for damages.2768 Claims arising from criminal o�enses.2769 Sequestration of property subject to privilege.

Section III Privileges on Immovables2770 Claims for conservatory or expropriation measures.2771 Claim for taxes on immovable property income.2772 Claims for indirect taxes.2773 (Repealed).(35)

2774 Claims for water concessions.2775 Claims relating to levy of forced contributions for land

reclamation and improvement.2775-bis Claims for non-performance of preliminary contracts.2776 Subordinated ranking on immovables.

Section IV Order of Priority of Privileges2777 Preference for costs of judicial proceedings and for other

claims.2778 Order of priority of other privileges on movable property.2779 Concurrence of privileges and mortgages on motor vehicles.2780 Order of priority of privileges on immovables.2781 Concurrence of special privileges and claims guaranteed by

pledge.2782 Concurrence of equally privileged claims.2783 Preference not determined by law.2783-bis Claims deriving from the application of the fees referred to

in Articles 49 and 50 of the Treaty establishing the Coaland Steel European Community.

CHAPTER III PLEDGESection I General Provisions

2784 Notion.2785 Reference to special laws.

Section II Pledge on Movable Property2786 Establishment.2787 Pledgee preferred.2788 Preference for claims of interest.

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2789 Revendication of thing by pledgee.2790 Conservation of thing and related expenses.2791 Pledge of fruit-bearing thing.2792 Prohibition against use or disposal of thing.2793 Sequestration of property.2794 Restitution of thing.2795 Sale in advance.2796 Sale of the thing.2797 Procedure for sale.2798 Award of thing in payment of debt.2799 Indivisibility of the pledge.

Section III Pledge of Claims or of Other Rights2800 Conditions for preference.2801 Delivery of document.2802 Collecting interest and periodic income.2803 Collection of claim given in pledge.2804 Award or sale of claim given in pledge.2805 Defenses which can be raised by debtor of claim given in pledge.2806 Pledge of rights other than claims.2807 Provisions applicable to pledges consisting of claims.

CHAPTER IV MORTGAGESSection I General Provisions

2808 Establishment and e�ects of mortgages.2809 Determination of property mortgaged and indivisibility of

mortgages.2810 Property subject to mortgage.2811 Improvements and accessions.2812 Rights established on mortgaged property.2813 Danger of damage to mortgaged property.2814 Mortgage on usufruct and on naked ownership.2815 Mortgage established on rights of emphyteutic grantor or

tenant.2816 Mortgage on right of super�cie.

Section II Legal Mortgage2817 Persons entitled.

Section III Judicial Mortgage2818 Provisions from which judicial mortgages originate.2819 Arbitration.2820 Foreign judgments.

Section IV Conventional Mortgage2821 Grant of mortgage.2822 Mortgage on another person's property.2823 Mortgage on future property.2824 Mortgage inscribed on basis of voidable instrument.2825 Mortgage on undivided property.

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2825-bis Mortgage on the immovable being the object of apreliminary contract.

2826 Identi�cation of mortgaged immovable.Section V Inscription and Renewal of Mortgages

§ 1 INSCRIPTION2827 Place of inscription.2828 Immovables upon which judicial mortgages can be inscribed.2829 Inscription on property of deceased person.2830 Judicial mortgage on property inherited with bene�t of

inventory and unclaimed inheritance.2831 Mortgages securing order and bearer debentures.2832 (Repealed).(44)

2833 (Repealed).(44)

2834 Inscription of legal mortgage in favor of transferor and of co-participants.

2835 Inscription on basis of private writing.2836 Inscription on basis of public act or judgment.2837 Instruments made in foreign country.2838 Amount for which inscription is made.2839 Formalities required for inscription of mortgages.2840 Certi�cate of inscription.2841 Omissions or inaccuracies in instruments or in notes.2842 Chance of elected domicile.2843 Notation of assignment, subrogation or other acts disposing of

claim.2844 Actions and notices.2845 Notices relating to inscriptions for order or bearer debentures.2846 Inscription costs.

§ 2 RENEWAL2847 Period of validity of inscription.2848 New inscription of mortgage.2849 (Repealed).(44)

2850 Formalities for renewal.2851 Renewal with respect to property transferred to heirs or

successors in interest.Section VI Rank of Mortgages

2852 Rank of mortgage.2853 Simultaneous requests for inscription.2854 Mortgages inscribed with same rank.2855 Extent of e�ects of inscription.2856 Subrogation of creditors who sustained losses.2857 Limits on subrogation.

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Section VII E�ects of Mortgages Against Third PersonTransferee

2858 Powers of third person transferee.2859 Defenses which can be raised by third person transferee.2860 Capacity to release property.2861 Time limits for release and performance thereof.2862 Mortgages and other real rights for and against third person

transferee.2863 Recovery of released immovable and discontinuance of

enforcement proceedings.2864 Damages caused by third person and improvements.2865 Fruits owed by third person.2866 Rights of third person transferee against debtor and other third

person transferees.2867 Third person debtor of sum in connection with transfer.

Section VIII E�ects of Mortgages Against Third PersonMortgagors

2868 Bene�t of prior exhaustion of remedies against debtor.2869 Creditor causing extinguishment of mortgage.2870 Defenses which can be raised by third person mortgagor.2871 Rights of third person mortgagor who paid o� inscribed

creditors or was subjected to expropriation.Section IX Reduction of Mortgages

2872 Manner of reduction.2873 Preclusion of reduction.2874 Reduction of legal and judicial mortgage.2875 Excess value of property.2876 Limits of reduction.2877 Expenses of reduction.

Section X Extinguishment of Mortgages2878 Causes of extinguishment.2879 Renunciation of mortgage.2880 Prescription with respect to property acquired by third persons.2881 New inscription of mortgage.

Section XI Cancellation of Inscription2882 Formalities for cancellation.2883 Capacity to consent to cancellation.2884 Cancellation ordered by judgment.2885 Conditional cancellation.2886 Procedure for cancellation.2887 Cancellation of mortgages securing instruments to order.2888 Refused cancellation.

Section XII Manner in Which Property Can Be Releasedfrom Mortgages

2889 Power to release property from mortgages.2890 Notice.

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2891 Right of creditors to cause sale of property.2892 Prohibition against extending time limits.2893 Failure to request forced sale at auction.2894 Consequences of failure to deposit price.2895 Discontinuance by applicant creditor.2896 Awarding of property to third person transferee.2897 Recourse by third person transferee who has become buyer at

forced auction sale.2898 Property not mortgaged for claim on which proceedings are

instituted.Section XIII Renunciation and Abstention of Creditor inForced Expropriation

2899 Prohibition against renunciation of mortgage to prejudice ofanother creditor.

CHAPTER V MEASURES TO PROTECTCREDITOR'S EXPECTATION OF RECOVERYFROM DEBTOR'S ASSETS

Section I Action in Subrogation

2900 Conditions, procedure, and e�ects.Section II Action to Obtain Revocation

2901 Conditions.2902 E�ects.2903 Prescription of the action.2904 Reference.

Section III Conservative Sequestration2905 Sequestration with respect to debtor and third persons.2906 E�ects.

TITLE IV JUDICIAL PROTECTION OF RIGHTS

CHAPTER I GENERAL PROVISIONS2907 Judicial activities.2908 Constitutive e�ects of judgments.2909 Res judicata.

CHAPTER II ENFORCEMENT PROCEEDINGSSection I Expropriation

§ 1 GENERAL PROVISIONS2910 What can be expropriated.2911 Property encumbered by pledge or mortgage.

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§ 2 EFFECTS OF ATTACHMENT2912 Extent of attachment.2913 Ine�ectiveness of transfers of attached property.2914 Transfers prior to attachment.2915 Acts which restrain alienability of attached property.2916 Mortgages and privileges.2917 Extinguishment of attached claim.2918 Assignments and releases of rent from buildings or land.

§ 3 EFFECTS OF FORCED SALE AND OFAWARD TO ATTACHING CREDITOR2919 Transfer of rights e�ected by forced sale.2920 Rights of third persons on movable property sold.2921 Eviction.2922 Defects in property. Lesion.2923 Leases.2924 Assignments and releases of rent from buildings or land.2925 Rules applicable to award to attaching creditor.2926 Rights of third persons in property awarded.2927 Eviction of property awarded.2928 Compulsory award of claims.2929 Nullity of enforcement proceedings.

Section II Speci�c Enforcement2930 Enforcement by delivery or release.2931 Enforcement of obligations to do something.2932 Speci�c enforcement of obligation to make contract.2933 Enforcement of obligations not to do something.

TITLE V PRESCRIPTION AND FORFEITURE

CHAPTER I PRESCRIPTIONSection I General Provisions

2934 Extinguishment of rights.2935 Running of prescription.2936 Nullity of agreement limiting prescription.2937 Renunciation of prescription.2938 Prescription not raised ex o�cio.2939 Pleading prescription by third persons.2940 Payment of prescribed debt.

Section II Suspension of Prescription2941 Suspension due to relationship between parties.2942 Suspension due to condition of certain persons.

Section III Interruption of Prescription2943 Interruption by holder of right.2944 Interruption as result of acknowledgment.

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2945 E�ects and duration of interruption.Section IV Time Limit of Prescription

§ 1 ORDINARY PRESCRIPTION2946 Ordinary prescription.

§ 2 BRIEF PRESCRIPTION2947 Prescription of right to compensation for damages.2948 Five-year prescription.2949 Prescription in company matters.2950 Prescription of broker's rights.2951 Prescription in forwarding agency and transportation matters.2952 Prescription in insurance matters.2953 E�ects of �nal judgments on brief prescription.

§ 3 PRESUMPTIVE PRESCRIPTION2954 Six-month prescription.2955 One-year prescription.2956 Three-year prescription.2957 Running of presumptive prescriptions.2958 Course of prescription.2959 Admission by party who asserts prescription.2960 Charging with judicial oath.2961 Return of documents.

§ 4 COMPUTATION OF TIME LIMITS OFPRESCRIPTION2962 Completion of prescription.2963 Computation of time limits.

CHAPTER II FORFEITURE2964 Prescription rules not applicable.2965 Forfeiture established by contract.2966 Causes which avoid forfeiture.2967 E�ects of avoidance of forfeiture.2968 Nondisposable rights.2969 Forfeiture applied ex o�cio.

APPENDIX A DISCIPLINE OF ADOPTION ANDENTRUSTMENT OF MINORS

TITLE I General Principles(1)

1

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TITLE I-BIS ENTRUSTMENT OF MINORS2345

TITLE II ADOPTION

CHAPTER I GENERAL PROVISIONS67

CHAPTER II DECLARATION OFADOPTABILITY89101112131415161718192021

CHAPTER III PREADOPTIVE ENTRUSTMENT222324

CHAPTER IV DECLARATION OF ADOPTION25262728

TITLE III INTERNATIONAL ADOPTION

CHAPTER I ADOPTION OF FOREIGN MINORS29

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29-bis303132333435363737-bis383939-bis39-ter39-quater

CHAPTER II EXPATRIATION OF MINORS FORPURPOSES OF ADOPTION

40414243

TITLE IV ADOPTION IN PARTICULAR CASES

CHAPTER I ADOPTION IN PARTICULARCASES AND ITS EFFECTS444546474849505152535455

CHAPTER II FORMS OF ADOPTION INPARTICULAR CASES5657

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TITLE V AMENDMENTS TO TITLE VIII OFBOOK I OF THE CIVIL CODE58–59 (omitted).(6)

6061–66 (omitted).(6)

67

TITLE VI FINAL, PENAL AND SAVINGPROVISIONS68 (omitted).6970717272-bis737475 (Repealed).(8)

767778 (omitted).(9)

798081 (omitted).(9)

82

APPENDIX B DISCIPLINE OF CASES OFDISSOLUTION OF MARRIAGE1234567899-bis1011 (Repealed)(4)

1212-bis12-ter12-quater12-quinquies

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12-sexies

APPENDIX C COMPANIES

ARTICLE 1123–4-ter (Repealed)(5)

5–5-sexies (Repealed)(5)

Article 6 through Article 13(5) (omitted).(6)

14–17 (Repealed)(5)

18–18-septies (Repealed)(5)

19 (Repealed)(7)

20 (Repealed)(8)

212223–24 (Omitted)

ARTICLE 21

APPENDIX D PROVISIONS FOR THEIMPLEMENTATION OF EEC DIRECTIVES NO.78/660 AND NO. 83/349 WITH RESPECT TOANNUAL ACCOUNTS AND CONSOLIDATEDACCOUNTS

CHAPTER III CONSOLIDATED ACCOUNTS

ARTICLE 25 ENTERPRISES OBLIGED TODRAW UP CONSOLIDATED ACCOUNTS12

ARTICLE 26 CONTROLLED ENTERPRISES123

ARTICLE 27 CASES OF EXEMPTION FROMTHE OBLIGATION TO DRAW UPCONSOLIDATED ACCOUNTS123

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3–bis45

ARTICLE 28 CASES OF EXCLUSION FROMCONSOLIDATION12

ARTICLE 29 DRAWING UP OF CONSOLIDATEDACCOUNTS123456

ARTICLE 30 REFERENCE DATE OFCONSOLIDATED ACCOUNTS123

ARTICLE 31 PRINCIPLES OF CONSOLIDATION12345 (Repealed)(3)

ARTICLE 32 STRUCTURE AND CONTENTS OFCONSOLIDATED BALANCE SHEET ANDPROFIT AND LOSS ACCOUNT1234

ARTICLE 33 CONSOLIDATION OFPARTICIPATIONS123

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ARTICLE 34 UNIFORMITY OF EVALUATIONCRITERIA

12

ARTICLE 35 CHOICE OF EVALUATIONCRITERIA

12

ARTICLE 36 NON-CONSOLIDATEDPARTICIPATIONS

123 (Repealed)(4)

ARTICLE 37 CONSOLIDATION PROPORTIONALTO PARTICIPATION

12

ARTICLE 38 CONTENTS OF INTEGRATIVENOTE

122-bis

ARTICLE 39 LISTS OF ENTERPRISESINCLUDED IN THE CONSOLIDATEDACCOUNTS AND OF PARTICIPATIONS

1234

ARTICLE 40 REPORT ON OPERATIONS

11-bis22-bis

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ARTICLE 41 AUDITING OF CONSOLIDATEDACCOUNTS

1234

ARTICLE 42 PUBLICATION OFCONSOLIDATED ACCOUNTS

123

ARTICLE 43 OBLIGATIONS OF CONTROLLEDENTERPRISES1

CHAPTER IV TRANSIENT AND FINALPROVISIONS

ARTICLE 44 CREDIT AND FINANCIALENTITIES

12

ARTICLE 45 ANNUAL ACCOUNTS

12

ARTICLE 46 CONSOLIDATED ACCOUNTS

1234

APPENDIX E PROVISIONS FOR THEPROTECTION OF COMPETITION AND THEMARKET

TITLE I PROVISIONS ON UNDERSTANDINGS,ABUSE OF A DOMINANT POSITION ANDCONCENTRATION OPERATIONS

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ARTICLE 1 SCOPE OF APPLICATION ANDRELATIONSHIP WITH EUROPEANCOMMUNITY LAW1234

ARTICLE 2 UNDERSTANDINGS IN RESTRAINTOF THE FREEDOM OF COMPETITION123

ARTICLE 3 ABUSE OF A DOMINANT POSITION1

ARTICLE 4 DEROGATIONS FROM THEPROHIBITION OF UNDERSTANDINGS INRESTRAINT OF FREEDOM OF COMPETITION123

ARTICLE 5 CONCENTRATION OPERATIONS123

ARTICLE 6 PROHIBITION OFCONCENTRATION OPERATIONS INRESTRAINT OF FREEDOM OF COMPETITION12

ARTICLE 7 CONTROL12

ARTICLE 8 PUBLIC ENTERPRISES ANDENTERPRISES HOLDING A LEGAL MONOPOLY122-bis

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2-ter2-quater2-quinquies2-sexies

ARTICLE 9 SELF-PRODUCTION

12

TITLE II ESTABLISHMENT AND TASKS OFTHE AUTHORITY RESPONSIBLE FORCOMPETITION AND MARKET

CHAPTER I ESTABLISHMENT OF THEAUTHORITY

ARTICLE 10 AUTHORITY RESPONSIBLE FORCOMPETITION AND THE MARKET

12345677-bis8

ARTICLE 11 PERSONNEL OF THE AUTHORITY

12345

CHAPTER II POWERS OF THE AUTHORITY INMATTERS OF UNDERSTANDINGSRESTRICTING FREEDOM OF COMPETITIONAND OF ABUSES OF A DOMINANT POSITION

ARTICLE 12 POWERS OF INQUIRY

12

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ARTICLE 13 NOTIFICATION OFUNDERSTANDINGS1

ARTICLE 14 INQUIRY12345

ARTICLE 14-BIS PRECAUTIONARY MEASURES123

ARTICLE 14-TER UNDERTAKINGS123

ARTICLE 15 WARNINGS AND FINES122-bis

CHAPTER III POWERS OF THE AUTHORITYWITH RESPECT TO THE PROHIBITION OFCONCENTRATION OPERATIONS

ARTICLE 16 COMMUNICATION OFCONCENTRATIONS12345678

ARTICLE 17 TEMPORARY SUSPENSION OFCONCENTRATION OPERATIONS1

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ARTICLE 18 CONCLUSION OF INQUIRIES ONCONCENTRATIONS

123

ARTICLE 19 ADMINISTRATIVE FINES FORNON-COMPLIANCE

12

CHAPTER IV SPECIAL PROVISIONS

ARTICLE 20 CREDIT CONCERNS ANDINSTITUTIONS, INSURANCE ENTERPRISESAND ENTERPRISES IN THE BROADCASTINGAND PUBLISHING SECTORS1 (Repealed)(7)

2 (Repealed)(8)

3 (Repealed)(8)

3-bis455-bis5-ter6 (Repealed)(8)

7 (Repealed)(10)

8 (Repealed)(10)

9

TITLE III INVESTIGATIVE AND ADVISORYPOWERS OF THE AUTHORITY

ARTICLE 21 POWER TO REPORT TO THEPARLIAMENT AND TO THE GOVERNMENT123

ARTICLE 22 CONSULTING ACTIVITY1

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ARTICLE 23 ANNUAL REPORT1

ARTICLE 24 REPORT TO THE GOVERNMENTON CERTAIN SECTORS1

TITLE IV RULES ON THE POWERS OF THEGOVERNMENT IN MATTERS OFCONCENTRATION OPERATIONS

ARTICLE 25 POWER OF THE GOVERNMENT INMATTERS OF CONCENTRATION OPERATIONS

12

ARTICLE 26 PUBLICATION OF DECISIONS1

TITLE V RULES IN MATTERS OFPARTICIPATIONS IN THE CAPITAL OF CREDITINSTITUTIONSArticles 27-30 (Repealed)(11)

TITLE VI FINAL PROVISIONS

ARTICLE 31 PENALTIES

ARTICLE 32 FINANCIAL COVERAGE (OMITTED)

ARTICLE 33 JURISDICTION12

ARTICLE 34 ENTRY INTO FORCE

APPENDIX F REFORM OF ITALIAN SYSTEM OFCONFLICTS OF LAW

TITLE I GENERAL PROVISIONS

ARTICLE 1 SUBJECT MATTER OF THE LAW1

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ARTICLE 2 INTERNATIONAL TREATIES

12

TITLE II ITALIAN JURISDICTION

ARTICLE 3 SCOPE OF JURISDICTION

12

ARTICLE 4 ACCEPTANCE OF ANDDEROGATION FROM JURISDICTION

123

ARTICLE 5 ACTIONS OF A REAL NATURERELATING TO IMMOVABLES SITUATEDABROAD1

ARTICLE 6 PRELIMINARY QUESTIONS1

ARTICLE 7 PENDENCY OF FOREIGNPROCEEDINGS

123

ARTICLE 8 DETERMINANT MOMENT OFJURISDICTION1

ARTICLE 9 NON-CONTENTIOUSJURISDICTION1

ARTICLE 10 PRECAUTIONARY MEASURES1

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ARTICLE 11 WHEN LACK OF JURISDICTIONCAN BE ASSERTED1

ARTICLE 12 LAW GOVERNING THEPROCEEDINGS1

TITLE III GOVERNING LAW

CHAPTER I GENERAL PROVISIONS

ARTICLE 13 RENVOI1234

ARTICLE 14 KNOWLEDGE OF APPLICABLEFOREIGN LAW12

ARTICLE 15 INTERPRETATION ANDAPPLICATION OF FOREIGN LAW1

ARTICLE 16 PUBLIC POLICY12

ARTICLE 17 RULES OF MANDATORYAPPLICATION1

ARTICLE 18 MULTILEGISLATIVE SYSTEM12

ARTICLE 19 STATELESS PERSONS, REFUGEESAND PERSONS WITH MORE THAN ONECITIZENSHIP1

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CHAPTER II CAPACITY AND RIGHTS OFINDIVIDUALS

ARTICLE 20 LEGAL CAPACITY OFINDIVIDUALS1

ARTICLE 21 SIMULTANEOUS DEATH1

ARTICLE 22 DISAPPEARANCE, ABSENCE ANDPRESUMED DEATH12

ARTICLE 23 THE CAPACITY TO ACT OFINDIVIDUALS1234

ARTICLE 24 PERSONAL RIGHTS12

CHAPTER III LEGAL PERSONS

ARTICLE 25 COMPANIES AND OTHERENTITIES123

CHAPTER IV FAMILY RELATIONSHIPS

ARTICLE 26 PROMISE OF MARRIAGE1

ARTICLE 27 CONDITIONS TO CONTRACTMARRIAGE1

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ARTICLE 28 FORM OF MARRIAGE1

ARTICLE 29 PERSONAL RELATIONS BETWEENSPOUSES12

ARTICLE 30 PATRIMONIAL RELATIONSBETWEEN SPOUSES123

ARTICLE 31 PERSONAL SEPARATION ANDDISSOLUTION OF MARRIAGE12

ARTICLE 32 JURISDICTION IN MATTERS OFNULLITY, ANNULMENT, PERSONALSEPARATION AND DISSOLUTION OFMARRIAGE1

ARTICLE 33 FILIATION123

ARTICLE 34 LEGITIMATION12

ARTICLE 35 ACKNOWLEDGMENT OF ANATURAL CHILD123

ARTICLE 36 RELATIONS BETWEEN PARENTSAND CHILDREN1

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ARTICLE 37 JURISDICTION IN MATTERS OFFILIATION1

CHAPTER V ADOPTION

ARTICLE 38 ADOPTION

12

ARTICLE 39 RELATIONS BETWEEN ADOPTEDPERSONS AND ADOPTING FAMILY1

ARTICLE 40 JURISDICTION IN MATTERS OFADOPTION

12

ARTICLE 41 RECOGNITION OF FOREIGNMEASURES IN MATTERS OF ADOPTION

12

CHAPTER VI PROTECTION OF INCAPABLEPERSONS AND SUPPORT OBLIGATIONS

ARTICLE 42 JURISDICTION AND APPLICABLELAW IN MATTERS OF PROTECTION OFMINORS

12

ARTICLE 43 PROTECTION OF PERSONS OFAGE1

ARTICLE 44 JURISDICTION IN MATTERS OFPROTECTION OF PERSONS OF AGE

12

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ARTICLE 45 SUPPORT OBLIGATIONS WITHINTHE FAMILY1

CHAPTER VII SUCCESSIONS

ARTICLE 46 SUCCESSION CAUSA MORTIS

123

ARTICLE 47 CAPACITY TO MAKE A WILL1

ARTICLE 48 FORM OF WILL1

ARTICLE 49 SUCCESSION OF STATE1

ARTICLE 50 JURISDICTION IN MATTERS OFSUCCESSION1

CHAPTER VIII REAL RIGHTS

ARTICLE 51 POSSESSION AND REAL RIGHTS

12

ARTICLE 52 REAL RIGHTS IN PROPERTY INTRANSIT1

ARTICLE 53 USUCAPTION OF MOVABLEPROPERTY1

ARTICLE 54 RIGHTS IN INTANGIBLEPROPERTY1

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ARTICLE 55 PUBLICITY OF ACTS RELATINGTO REAL RIGHTS1

CHAPTER IX GIFTS

ARTICLE 56 GIFTS

123

CHAPTER X CONTRACTUAL OBLIGATIONS

ARTICLE 57 CONTRACTUAL OBLIGATIONS1

CHAPTER XI NON-CONTRACTUALOBLIGATIONS

ARTICLE 58 UNILATERAL PROMISES1

ARTICLE 59 NEGOTIABLE INSTRUMENTS

123

ARTICLE 60 VOLUNTARY REPRESENTATION12

ARTICLE 61 OBLIGATIONS DERIVING FROMTHE LAW1

ARTICLE 62 LIABILITY FOR UNLAWFUL ACTS12

ARTICLE 63 NON-CONTRACTUAL LIABILITYFOR DAMAGES CAUSED BY A PRODUCT1

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TITLE IV EFFECTIVENESS OF FOREIGNJUDGMENTS AND DECISIONS

ARTICLE 64 RECOGNITION OF FOREIGNJUDGMENTS1

ARTICLE 65 RECOGNITION OF FOREIGNMEASURES1

ARTICLE 66 RECOGNITION OF FOREIGNMEASURES OF NON-CONTENTIOUSJURISDICTION1

ARTICLE 67 IMPLEMENTATION OF FOREIGNJUDGMENTS AND MEASURES OF NON-CONTENTIOUS JURISDICTION ANDOBJECTION TO RECOGNITION123

ARTICLE 68 IMPLEMENTATION ANDEXECUTION OF PUBLIC ACTS DRAWN UPABROAD1

ARTICLE 69 TAKING OF EVIDENCE ORDEREDBY FOREIGN JUDGES12345

ARTICLE 70 PERFORMANCE REQUESTEDTHROUGH DIPLOMATIC CHANNELS1

ARTICLE 71 SERVICE OF PROCESS ISSUINGFROM FOREIGN AUTHORITIES1

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TITLE V SAVING AND FINAL PROVISIONS

ARTICLE 72 SAVING PROVISIONS12

ARTICLE 73 REPEAL OF INCOMPATIBLERULES1

ARTICLE 74 COMING INTO FORCE1

APPENDIX G NEW RULES ON CITIZENSHIP1234567899-bis101112131415161717-bis17-ter18 (Repealed)(6)

192021222324. 1 (Repealed)(7)

25

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Index

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