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Civil Code

The Civil Code Proclamation Of 1980

Civil Code Preface

BOOK I. PERSONS
TITLE I.

Physical Persons

Chapter 1. Personality and the rights inherent in personality
Section 1. Attribution of personality
Section 2. Rights of personality

Chapter 2. Names

Chapter 3. Proof of civil status
Section 1. Officers of civil status
Paragraph 1. Appointment of officers of civil status
Paragraph 2. Duties of officers of civil status
Section 2. Registers of civil status
Section 3. Records of civil status
Paragraph 1. General provisions
Paragraph 2. Records of birth
Paragraph 3. Records of death
Paragraph 4. Records of marriage
Section 4. Correction of records of civil status
Section 5. Copies and extracts of records of civil status
Section 6. Sanction of rules relating to civil status
Section 7. Acts of notoriety

Chapter 4. Absence
Section 1. Declaration of absence
Section 2. Effects of absence
Section 3. Termination of absence

Chapter 5. Residence and domicile
Section 1. Residence
Section 2. Domicile

TITLE II.

Capacity Of Persons

Chapter 1. General principles
Chapter 2. Minors

Section 1. General provisions
Section 2. Organs of protection of minor
Paragraph 1. Guardian and tutor
Paragraph 2. Family council and assistant tutor
Section 3. Powers of guardian and tutor
Paragraph 1. Care of the person of the minor
Paragraph 2. Administration of the property of the minor
Section 4. Sanction of the rules for the protection of the minor
Paragraph 1. Acts of the minor
Paragraph 2. Acts of the tutor
Paragraph 3. Liabilities which may be incurred
Section 5. Cessation of the disability of the minor
Paragraph 1. Emancipation
Paragraph 2. Rendering of accounts of tutorship

Chapter 3. Insane persons and infirm persons
Section 1. Insane persons and infirm persons who are not interdicted
Section 2. Judicial interdiction

Chapter 4. Persons interdicted by law
Chapter 5. Foreigners

TITLE III.

Bodies Corporate And Property With A Specific Destination

Chapter 1. Administrative bodies and the church
Chapter 2. Associations

Section 1. Memorandum of association and statues
Section 2. Associates
Section 3. Management
Section 4. General meeting
Section 5. Rights and obligations of association
Section 6. Dissolution and liquidation of association
Section 7. Control of associations

Chapter 3. Property with a specific destination
Section 1. Endowments
Section 2. Committees
Section 3. Trusts

Chapter 4. Foreign bodies corporate and property with a specific destination

BOOK II. FAMILY AND SUCCESSIONS
TITLE IV.

Bonds Of Relationship By Consanguinity And By Affinity

Chapter 1. Relationship by consanguinity and by affinity in general
Chapter 2. Betrothal
Chapter 3. Conclusion of marriage

Section 1. Conditions common to all forms of marriage
Section 2. Civil marriage
Section 3. Other marriages

Chapter 4. Sanction of the conditions of marriage
Section 1. Conditions common to all forms of marriage
Section 2. Civil marriage
Section 3. Other marriages

Chapter 5. Effects of marriage

Section 1. General rules
Section 2. Personal effects of marriage
Section 3. Pecuniary effects of marriage

Chapter 6. Dissolution of marriage
Section 1. Causes of dissolution of marriage
Section 2. Liquidation of pecuniary relations between spouses
Paragraph 1. Case of death of one of the spouses
Paragraph 2. Case of divorce
Paragraph 3. Other cases of dissolution of marriage

Chapter 7. Proof of marriage
Chapter 8. Irregular unions
Chapter 9. Conflicts in cases relating to marriages, divorces and irregular unions
Chapter 10. Filiation

Section 1. Ascertainment of the father and of the mother
Paragraph 1. General provisions
Paragraph 2. Presumption of paternity
Paragraph 3. Acknowledgement of paternity
Paragraph 4. Judicial declaration of paternity
Section 2. Conflicts of paternity
Section 3. Proof of filiation
Section 4. Contestation of status and disowning
Paragraph 1. Contestation of status
Paragraph 2. Disowning

Chapter 11. Adoption
Chapter 12. Obligation to supply maintenance

TITLE V.

Successions

Chapter 1. Devolution of successions
Section 1. General provisions
Paragraph 1. Opening of succession and things making up a succession

Paragraph 2. Capacity to succeed
Section 2. Intestate successions
Section 3. Wills
Paragraph 1. Conditions for the validity of wills
Paragraph 2. Conditions and interpretation of wills

Chapter 2. Liquidation of successions
Section 1. Liquidator of the succession
Section 2. Final determination of the persons entitled to the succession
Paragraph 1. Provisional determination of persons entitled to succeed

Paragraph 2. Option of heirs and legatees by universal title
Paragraph 3. Certificate of heir and petitio haereditatis
Section 3. Administration of the succession
Section 4. Payment of the debts of the succession
Section 5. Debts of the succession relating to maintenance
Section 6. Payment of legacies
Section 7. Closure of the liquidation

Chapter 3. Partition of successions
Section 1. Community of hereditary estate and application for partition
Section 2. Collation by co-heirs
Section 3. Partition how made
Section 4. Relations between the co-heirs after the partition
Paragraph 1. Warranty due by the co-partitioners
Paragraph 2. Annulment of partitions
Section 5. Rights of creditors after partitions

Chapter 4. Conventions relating to an inheritance
Section 1. Pacts on future successions
Section 2. Partitions made by donations
Section 3. Assignment of rights to a succession

BOOK III. GOODS

TITLE VI.

Goods In General And Possession Chapter 1. Goods in general
Chapter 2. Possession

TITLE VII.

Individual Ownership

Chapter 1. Acquisition, transfer, extinction and proof of ownership
Section 1. Acquisition of ownership
Paragraph 1. Occupation
Paragraph 2. Possession in good faith
Paragraph 3. Usucaption
Paragraph 4. Accession
Section 2. Transfer of ownership
Section 3. Extinction of ownership
Section 4. Proof of ownership

Chapter 2. Rights and duties of owner
Section 1. General provisions
Section 2. Special rules regarding immovable property
Section 3. Ownership and use of water

TITLE VIII.

Joint Ownership, Usufruct And Other Rights In Ram

Chapter 1. Joint ownership
Section 1. General provisions
Section 2. Special cases
Paragraph 1. Party-wall
Paragraph 2. Ownership of stories or suites of a building

Chapter 2. Usufruct
Section 1. General provisions
Section 2. Special rules regarding usufruct of corporeal goods
Section 3. Special rules regarding usufruct of credits and incorporeal rights
Section 4. Right of occupation of premises

Chapter 3. Servitudes
Chapter 4. Right of occupation of premises
Chapter 5. Restrictions on the right to dispose of certain things

Section 1. Contractual rights of purchase or pre-emption
Section 2. Provisions prohibiting assignment or attachment of certain things

TITLE IX.

Collective Exploitation Of Property

Chapter 1. Public domain and expropriation
Section 1. Public domain
Section 2. Expropriation

Chapter 2. Agricultural communities
Chapter 3. Official associations of landowners
Section 1. Formation of association
Section 2. Functioning of association
Paragraph 1. Where private ownership is maintained
Paragraph 2. Where ownership passes to association
Chapter 4. Town-planning areas

TITLE X.

Registers Of Immovable Property

Chapter 1. keeping of registers and publicity
Chapter 2. Contents of the various registers
Chapter 3. Registration of acts in the registers

Section 1. Procedure of registration
Section 2. Forms used for registration
Section 3. Correction and cancellation of entries
Chapter 4. Effects of registration in the registers of immovable property

TITLE XI.

Literary And Artistic Ownership

BOOK IV. OBLIGATIONS
TITLE XII.

Contracts In General

Chapter 1. Formation of contracts
Section 1. Consent
Paragraph 1. Elements of consent
Paragraph 2. Defects in consent
Section 2. Object of contracts
Section 3. Form of contracts

Chapter 2. Effect of contracts
Section 1. Interpretation of contracts
Section 2. Performance of contracts
Section 3. Variation of contracts
Section 4. Non-performance of contracts

Chapter 3. Extinction of obligations
Section 1. Invalidation and cancellation of contracts
Section 2. Termination of contracts and remission of debt
Section 3. Novation
Section 4. Set-off
Section 5. Merger
Section 6. Limitation of actions

Chapter 4. Special terms of obligations or contracts
Section 1. Provisions as to time
Section 2. conditions
Section 3. Alternative obligations
Section 4. Earnest
Section 5. Provisions as to liability

Chapter 5. Plurality of debtors or creditors
Section 1. Debtors jointly and severally liable
Section 2. Joint creditors
Section 3. Obligations other than joint obligations
Section 4. Suretyship

Chapter 6. Third parties in relation to contract
Section 1. Promises and stipulations concerning third parties
Section 2. Assignment of obligatory rights and subrogation
Section 3. Delegation, and assignment of obligations
Section 4. Heirs of the parties
Section 5. Creditors of the parties

Chapter 7. Proof in relation to contracts
Section 1. Burden and admissibility of proof
Section 2. Written evidence
Section 3. Presumptions of payment

TITLE XIII

Extra-Contractual Liability And Unlawful Enrichment

Chapter 1. Extra-contractual liability
Section 1. Liability arising from an offence
Paragraph 1. General rules
Paragraph 2. Special cases
Section 2. Liability in the absence of an offence
Section 3. Mode and extent of compensation
Paragraph 1. Damages
Paragraph 2. Other modes of compensation
Section 4. Liability for the actions of others
Section 5. Action for damages

Chapter 2. Unlawful enrichment
Section 1. General provisions
Section 2. Undue payments
Section 3. Expenses

TITLE XIV.

Agency

Chapter 1. General provisions
Chapter 2. Agency
Section 1. Formation and object of agency
Section 2. Duties of agent
Section 3. Duties of principal
Section 4. Termination of agency
Section 5. Effect of agency as regards third parties

Chapter 3. Commission
Section 1. Commission to buy or to sell
Section 2. Forwarding agency
Chapter 4. Authority granted by the court
Chapter 5. Unauthorized agency

BOOK V. SPECIAL CONTRACTS
TITLE XV

Contracts Relating To The Assignment Of Rights

Chapter 1. Sale
Section 1. Formation of contract
Section 2. Performance of contract
Paragraph 1. Obligations of seller
Paragraph 2. Obligations of buyer
Paragraph 3. Common obligations of seller and buyer
Section 3. Non-performance of contract
Paragraph 1. Forced performance of the contract
Paragraph 2. Cancellation of contract
Paragraph 3. Damages
Section 4. Various forms of sale
Paragraph 1. Sale of cattle and other living animals
Paragraph 2. Sale by sample
Paragraph 3. Sale on trial
Paragraph 4. Sale by installments
Paragraph 5. Sale with ownership reserved
Paragraph 6. Sale with right of redemption
Paragraph 7. Sale with obligation to forward the thing
Paragraph 8. Sale by auction

Chapter 2. contracts allied to sale
Section 1. Barter contract
Section 2. Transfer of rights other than ownership
Section 3. Hiring sale
Section 4. Contract of supplies

Chapter 3. Donation
Chapter 4. Loan of money and other fungibles
Chapter 5. Contract for periodical payments
Section 1. Perpetual annuity
Section 2. Life annuity

TITLE XVI

Contracts For The Performance Of Services

Chapter 1. Contract of employment in general
Section 1. Formation of contract
Section 2. Work of employee
Section 3. Wages due to employee
Section 4. Safety precautions to be taken by the employer
Section 5. Holidays due to employee
Section 6. Termination of contract

Chapter 2. Contracts of particular kinds of work
Section 1. Contract of apprenticeship
Section 2. Contract with a trial period
Section 3. Contract of domestic servants living in
Section 4. Contract for agricultural work

Chapter 3. Contracts of work and labour
Chapter 4. Hiring of intellectual work
Chapter 5. Medical or hospital contracts
Chapter 6. Contracts of innkeepers
Chapter 7. Publishing contracts

TITLE XVII.

Contracts For The Custody, Use Or Possession Of Chattels

Chapter 1. General provisions
Chapter 2. Letting and hiring
Section 1. General provisions
Section 2. Hiring or cattle
Paragraph 1. Cattle included in lease of agricultural undertaking
Paragraph 2. Cattle principal object of the contract

Chapter 3. Lone for use or free loan
Chapter 4. Bailment
Section 1. Bailment in general
Section 2. Bailment on trust
Section 3. Bailment in distress
Section 4. Chattels found, or deposited with a person without his knowledge

Chapter 5. Warehousing
Chapter 6. Contracts of pledge
Section 1. Contracts of pledge in general
Paragraph 1. Conditions for the validity of the contract
Paragraph 2. Rights and duties of pledger
Paragraph 3. Rights and duties pledgee
Paragraph 4. Extinction of contract of pledge
Paragraph 5. Sale of pledge
Section 2. Pledging of claims or other intangibles

TITLE XVIII

Contracts Relating To Immovable

Chapter 1. Sale of immovables
Chapter 2. Lease
Section 1. Lease of immovables in general
Section 2. Special rules regarding the lease of houses
Section 3. Special rules regarding the lease of lands
Chapter 3. Contract of work and labour relating to immovables
Chapter 4. Mortgage and antichresis

Section 1. Creation of mortgage
Section 2. Effect of mortgage
Paragraph 1. Preferential rights of mortgagee
Paragraph 2. Right to follow immovable
Section 3. Extinction of mortgage
Section 4. Antichresis

TITLE XIX

Administrative Contracts

Chapter 1. General provisions
Section 1. Formation of contracts
Paragraph 1. Consent
Paragraph 2. Procedure for the allocation of contracts by tender
Paragraph 3. Cause
Section 2. Effect of contracts
Paragraph 1. Normal performance of contracts
Paragraph 2. Revision of contracts
Paragraph 3. Non-performance of contract
Paragraph 4. Assignment of contracts and sub-contracts
Chapter 2. Concession of public service
Chapter 3. Concession of public works

Section 1. Formation of contract
Section 2. Normal performance of contract
Paragraph 1. Direction of works
Paragraph 2. Payment of price
Paragraph 3. Acceptance of works
Section 3. Rescission of contract
Section 4. Non-Performance of contract
Section 5. Assignment of or giving of the contract in security

Chapter 4. Contract of supplies

TITLE XX

Compromise And Arbitral Submission

Chapter 1. Compromise
Section 1. Compromise in general
Section 2. Conciliation
Chapter 2. Arbitral submission

TITLE XXI

Chapter 1. General provision
Chapter 2. Special provisions

TITLE XXII

Provisions Dealing With Law Repealed By This Code

Chapter 1. Rules relating to persons and successions
Chapter 2. Rules relating to property and mortgage