Art. 1229. The choose shall equitably reduce the penalty when the principal obligation has become partly or irregularly complied with via the debtor. Whether or not there has been no performance, the penalty could also be lessened via the courts if it is iniquitous or unconscionable. (1154a)
Besides these presumptions, the design to defraud creditors might be proved in any other manner identified because of the law of evidence. (1297a)
Art. 1494. Wherever the functions purport a sale of specific goods, and the products without the expertise in the seller have perished partly or have wholly or in a cloth part so deteriorated in high quality as to generally be significantly altered in character, the customer may at his option deal with the sale:
(2) If he doesn't signify his approval or acceptance to the vendor, but retains the products with no giving recognize of rejection, then if a time has long been set with the return of the products, around the expiration of these types of time, and, if no time has long been fastened, around the expiration of an affordable time. What is a reasonable time is an issue of simple fact. (n)
Art. 1268. When the personal debt of the point selected and determinate proceeds from the prison offense, the debtor shall not be exempted through the payment of its price, regardless of what would be the bring about for your decline, Until the matter possessing been provided by him to the person who must acquire it, the latter refused without the need of justification to accept it. (1185)
Artwork. 1347. All issues which aren't outside the house the commerce of Guys, together with foreseeable future things, could possibly be the item of a contract. All rights which are not intransmissible may also be the item of contracts.
Art. 1393. Ratification might be effected expressly or tacitly. It is actually recognized that there's a tacit ratification if, with expertise in The key reason why which renders the contract voidable and this sort of rationale owning ceased, the person who contains a suitable to invoke it ought to execute an act which necessarily implies an intention to waive his proper. (1311a)
Art. 1244. The debtor of the point can not compel the creditor to acquire a special one particular, although the latter may be of the same worth as, or even more useful than that and that is because of.
Art. 1226. In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of pursuits in the event of noncompliance, if there isn't a stipulation to the contrary.
Demand or tender of shipping and delivery may be handled as ineffectual Until built at an inexpensive hour. Precisely what is an inexpensive hour is a question of simple fact.
Art. 1448. There is an implied trust when home is sold, as well as the lawful estate is granted to one celebration but the price is paid by An additional for the objective of possessing the effective interest of your residence.
Artwork. 1435. If anyone in illustration of One more sells or alienates get more info a matter, the former can't subsequently put in place his personal title as towards the buyer or grantee.
The loss or deterioration on the issue meant as a substitute, through the carelessness with the obligor, does not render him liable. But after the substitution is designed, the obligor is liable for the lack of the substitute on account of his hold off, negligence or fraud. (n)
Artwork. 1501. With respect to incorporeal residence, the provisions of the initial paragraph of posting 1498 shall govern. In some other circumstance wherein mentioned provisions are usually not relevant, the positioning of the titles of ownership inside the possession on the vendee or even the use from the vendee of his rights, with The seller's consent, shall be recognized being a shipping and delivery. (1464)