Artwork. 1436. A lessee or even a bailee is estopped from asserting title into the thing leased or gained, as versus the lessor or bailor.
Art. 1252. He who has different debts of precisely the same variety in favor of one and a similar creditor, might declare at time of making the payment, to which of them a similar needs to be used.
If blunder, fraud, inequitable perform, or accident has prevented a meeting on the minds on the events, the proper treatment is not reformation with the instrument but annulment on the contract.
When merchandise are delivered to the customer on acceptance or on trial or on pleasure, or other similar terms, the ownership therein passes to the customer:
Art. 1295. The insolvency of the new debtor, who is proposed by the first debtor and recognized from the creditor, shall not revive the motion of the latter versus the original obligor, other than when mentioned insolvency was now present and of community information, or known to the debtor, if the delegated his financial debt. (1206a)
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If component delivery of the products has long been made to the customer, or his agent in that behalf, the rest of the products can be stopped in transitu, unless this kind of element delivery is below these kinds of situation as to indicate an settlement with the buyer to surrender possession of The complete of the goods. (n)
Art. 1388. Whoever acquires in poor religion the issues alienated in fraud of creditors, shall indemnify the latter for damages endured by them on account with the alienation, Every time, resulting from any result in, it should be unachievable for him to return them.
(five) Justices, judges, prosecuting attorneys, clerks of remarkable and inferior courts, as well as other officers and employees related with the administration of justice, the assets and rights in litigation or levied upon an execution prior to the court in just whose jurisdiction or territory they exercising their respective capabilities; this prohibition contains the act of attaining by assignment and shall utilize to lawyers, with regard to the house and rights which may be the object of any litigation where They could acquire section by advantage of their career.
Except normally agreed, where by merchandise are sent by the seller to the client beneath conditions by which the seller knows or ought to know that it's regular to insure, the vendor have to give these detect to the client as check here may well empower him to insure them for the duration of their transit, and, if the seller fails to take action, the goods shall be considered to get at his hazard all through these kinds of transit. (n)
Art. 1419. In the event the law sets, or authorizes the location of a minimum amount wage for laborers, and a contract is agreed upon by which a laborer accepts a lower wage, he shall be entitled to recover the deficiency.
(3) If each of the items are misplaced through the fault of your debtor, the selection via the creditor shall fall on the price of any one of them, also with indemnity for damages.
Artwork. 1177. The creditors, after getting pursued the assets in possession from the debtor to satisfy their claims, may exercise many of the rights and convey all of the steps with the latter for the same purpose, preserve These which are inherent in his human being; they could also impugn the functions which the debtor could possibly have done to defraud them. (1111)
Artwork. 1276. Merger which requires area in the individual from the principal debtor or creditor Gains the guarantors. Confusion which normally takes position in the individual of any of your latter doesn't extinguish the obligation. (1193)