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Provisions Dealing With Law Repealed By This Code

TITLE XXI PROVISIONS DEALING WITH LAW REPEALED BY THIS CODE

Chapter 1. General provisions

Art. 3347 – Repeals.
(1)    Unless otherwise expressly provided, all rules whether written or customary previously in force concerning matters provided for in this Code shall be replaced by this Code and are hereby repealed.
(2)    In particular the following laws are hereby repealed:
(a)    The law on prescription of 29th February, 1948; and
(b)    The law on loans of 1923.

Art. 3348 – Rights acquired under repealed legislation.
(1)    Unless otherwise expressly provided, legal situations created prior to the coming into force of this Code shall remain valid notwithstanding that this Code modifies the conditions on which such situations may be created.
(2)    Unless otherwise expressly provided, this Code shall not affect the consequences having arisen out of such legal situations prior to the coming into force of this Code.

Art. 3349 – Legal situations not finally created.
(1)    Unless otherwise expressly provided, where the conditions for the creation of a legal situation may or need be present at various times, the provisions of this Code shall only apply to such conditions as are not yet finally fulfilled on the coming into force of this Code.
(2)    Such conditions shall be governed by such further requirements for the creation of a legal situation as are laid down in this Code.

Art. 3350 – Law modifying a period of time.
(1)    Where periods of time have expired prior to the coming into force of this Code, noting in this Code shall revive them.
(2)    Where periods of time have been extended by this Code, the provisions of this Code shall apply and the period which has run prior to the coming into force of this Code shall be deducted.
(3)    Where periods of time have been shortened by this Code, the periods, provided by the law repealed by this Code shall apply and the period which has run prior to the coming into force of this Code shall be deducted.

Art. 3351 – Effect of existing legal situations.
(1)    Unless otherwise expressly provided, the provisions of this Code which specify the effects of extra-contractual legal situations shall forthwith apply to legal situations created prior to the coming into force of this Code.
(2)    Contracts existing on the coming into force of this Code shall be governed by the provisions of the law under which they have been made, unless the contract is voidable on the ground of mistake, fraud, duress or as being unconscionable in such cases and within such time as are provided in this Code.
Chapter 2. Special provisions

Art. 3352 – Restrictions to capacity.
Agreements relating to capacity made prior to the coming into force of this Code shall be subject to the provisions of Art. 195.

Art. 3353 – Protection of incapable persons.
Guardians, tutors, co-tutors and assistant tutors appointed prior to the coming into force of this Code shall be deemed to have been appointed under this Code notwithstanding that they are not eligible for appointment under this code,. They shall carry out the duties prescribed by this Code.

Art. 3354 – Successions. – 1. Successions opened prior to coming into force of this Code.
Successions opened prior to the coming into force of this Code shall continue in accordance with the provisions of the law repealed by this Code.

Art. 3355 – 2. Wills made prior to coming into force of this Code.
Wills made prior to the coming into force of this Code shall be valid where:
(a)    they were valid under legislation repealed by this Code; or
(b)    they comply with the requirements of this code.

Art. 3356 – Publishing contracts.
The author may not terminate a publishing contract made prior to the coming into force of this Code earlier than two years after the coming into force of this Code.

Art. 3357 – Reckoning time of service.
In applying the relevant provisions of this Code, the time spent by the employee in the service of the employer or undertaking prior to the coming into force of this Code shall be taken into consideration where the rights of the employee depend on the time spent by him in the service of the employer or undertaking.