Article 194. By virtue of an obligation, the creditor is entitled to require the debtor to perform it. The execution may consist of an abstention.
Section 195 . When the thing which is the subject of an obligation is described only in kind, if its quality cannot be determined by the nature of the juridical act or the intention of the parties, the debtor must deliver a thing of medium quality.
If the debtor has done all that was expected of him for the delivery of that thing, or if he has designated a thing to be delivered with the consent of the obligor, that thing then becomes the object of the obligation.
Art. 196 . If a money debt is expressed in foreign currency, payment can be made in Thai currency.
The conversion is made according to the exchange rate in force in the place of payment at the time of payment.
Article 197. If a debt of money is payable in a specified kind of currency which is no longer current at the time of payment, payment is made as if the kind of currency were not specified.
Article 198. If several acts of execution are due such that only one of them has to be done, the right of option belongs to the debtor, unless otherwise stipulated.
Article 199. The exercise of the right of option is made by a declaration of intent to the other party. The service chosen is deemed to be the only one due from the beginning.
Article 200. If the option must be exercised within a certain period and the party who has the right of option does not exercise it within this period, the right of option passes to the other party.
If no deadline has been fixed, when the obligation becomes due, the party who does not have the right of option may notify the other party to exercise its right of option within a reasonable deadline to be fixed in this notification.
Article 201. If a third person must exercise the right of option, he does so by a declaration of intent made to the debtor, who must inform the creditor.
If this third party cannot make the election or is unwilling to do so, the right of option passes to the debtor.
Article 202. If one of the acts of execution is impossible from the start or if it subsequently becomes impossible, the obligation is limited to the other act of execution. This limitation does not exist if performance becomes impossible due to a circumstance for which the party not entitled to opt is responsible.
Article 203. If the time for execution is neither fixed nor deduced from the circumstances, the creditor may demand execution forthwith, and the debtor may execute his share forthwith.
If a deadline is fixed, it is presumed, in case of doubt, that the creditor cannot demand performance before this deadline; the debtor can however execute it before.
Article 204. If the debtor, after the warning given by the creditor, does not perform his performance when due, the non-performance is characterized as of the warning.
If a deadline is fixed by a calendar for the execution, the non-execution of the debtor is noted without warning if he does not execute on the fixed date. The same rule applies if the performance must be preceded by a notification and if the period is fixed in such a way that it can be calculated from the notification.
Section 205 . The non-performance of the debtor is not characterized as long as the non-performance results from a circumstance for which he is not responsible.
Article 206. In the obligations resulting from an illicit act, the non-performance of the debtor is characterized from the moment when he committed it.
Article 207. The creditor's obligation is not performed if, without legal reason, he does not accept the performance offered to him.
Article 208. The service performed with regard to the creditor must be performed in such a way that it is effective.
But if the creditor has declared to the debtor that he will not accept performance, or if an act of the creditor is necessary to effect performance, it is sufficient for the debtor to notify him that all preparations for performance have been made and that it is up to him to accept it. In this case, the debtor's advice is equivalent to an offer.
Article 209. If a certain time is fixed for the act to be performed by the creditor, the offer is required only if the creditor performs the act in due time.
Article 210. If the debtor is bound to perform his part only on the counter-performance of the creditor, the non-performance of the creditor is established if, while being ready to accept the service offered, he does not offer the counter-performance. -execution required.
Article 211. The creditor is not in default if the debtor is unable to perform the performance at the time of the offer or, in the case provided for in Article 209, at the time fixed for the act of the creditor.
Article 212. If the date of performance is not fixed, or if the debtor has the right to perform before the fixed time, the creditor is not in a situation of non-performance because he is temporarily prevented to accept the service offered, unless the debtor has notified him of this project of execution a reasonable time in advance.
Article 213. If the debtor does not perform his obligation, the creditor may ask the court for forced execution, unless the nature of the obligation does not allow it.
When the nature of the obligation does not allow forced execution, and if the object of the obligation is the performance of an act, the creditor may ask the judge to have it performed by a third party at the expense of the debtor. ; but if the object of the obligation is the accomplishment of a juridical act, a judgment may be substituted for the debtor's declaration of intention.
As for the obligation which has as its object the accomplishment of an act, the creditor may demand the cancellation of what has been done at the expense of the debtor and have suitable measures adopted for the future.
The provisions of the preceding paragraphs do not affect the right to claim damages.
Article 214. Subject to the provisions of article 733, the creditor has the right to have his obligation performed on all the property of his debtor, including the sums and other property owed to him by third parties.
Article 215. When the debtor fails to perform the obligation in accordance with the true intention and object thereof, the creditor may claim compensation for the damages caused by such non-performance.
Article 216. If, because of non-performance, the service becomes useless for the creditor, the latter may refuse to accept it and claim damages for non-performance.
Article 217. The debtor is liable for all negligence committed during his default. He is also responsible for the impossibility of performance occurring accidentally during non-performance, unless the damage occurred even if he had performed his service in good time.
Article 218. When performance becomes impossible due to a circumstance for which the debtor is responsible, the debtor must compensate the creditor for any damage resulting from the non-performance.
In case of partial impossibility, the creditor may, by refusing the still possible part of the performance, demand compensation for the non-performance of the entire obligation, if the still possible part of the performance is useless to him.
Article 219 The debtor is released from his obligation to perform if performance becomes impossible due to a circumstance for which he is not responsible, occurring after the obligation arose.
If the debtor, after the obligation has arisen, finds himself unable to perform it, this amounts to a circumstance rendering performance impossible.
Article 220. The debtor is liable for the fault of his servant and of the person he employs to perform his obligation, to the same extent as for his own fault. In this case, the provisions of article 373 do not apply.
Article 221. A debt of money bearing interest ceases to bear interest during the default of the creditor.
Article 222. The action for damages has as its object the reparation of all damages which usually result from non-performance.
The creditor may demand reparation even for the damage resulting from particular circumstances, if the party concerned foresees them or should have foreseen them.
Article 223. If a fault of the injured party has continued to cause the damage, the obligation to compensate the injured party and the extent of the compensation to be made depend on the circumstances, in particular on the extent to which the damage was caused primarily by one or the other party.
The same applies if the fault of the injured party consisted solely in failing to draw the debtor's attention to the risk of damage of exceptional gravity which the debtor did not know or should not have known. , or to fail to avoid or mitigate the damage. The provisions of Article 220 apply mutatis mutandis .
Article 224. A claim in money bears interest during the waiting period at the rate of seven and a half percent per annum. If the creditor can demand higher interest for another legitimate reason, it continues to be paid.
Late payment interest is not paid on interest.
Proof of additional damage is admissible.
Article 225. If the debtor is bound to compensate for the value of property which perished during the non-performance, or which cannot be delivered for a cause arising during the non-performance, the creditor may demand interest on the amount to be paid. by way of compensation, from the date which serves as the basis for the estimate of the value. The same rule applies if the debtor is obliged to repair the depreciation of an asset which has deteriorated during the non-performance.
Article 226. A person subrogated in the rights of a creditor has the right to exercise in his own name all the rights that the creditor had with regard to the obligation, including any guarantee.
By real subrogation, an asset is substituted for another asset in the same legal situation as the previous one.
Article 227 When the creditor has received in compensation for the damage the full value of the thing or of the right which is the subject of the obligation, the debtor is, by operation of law, subrogated in the position of the creditor with regard to this thing or that right.
Article 228. If, as a result of the circumstance which renders execution impossible, the debtor acquires a substitute or a claim of compensation for the thing due, the creditor may demand the return of the substitute received or himself request compensation.
If the creditor has a claim for compensation due to non-performance, the compensation to be paid to him is reduced, if he exercises the right provided for in the preceding paragraph, by the value of the substitute received or of the claim for compensation. .
Article 229. Subrogation takes place automatically and operates for the benefit of the following persons:
Article 230. If the creditor proceeds to the forced execution of an asset belonging to the debtor, any person who, as a result of the execution, risks losing a right to the asset has the right to satisfy the creditor. The same right belongs to the possessor of property if he risks losing possession of it as a result of the forced execution.
If a third party satisfies the creditor, he is subrogated in the claim of the latter. This debt cannot be executed to the detriment of the creditor.
Article 231. If property mortgaged, pledged or otherwise subject to a preferential right is insured, the mortgage, pledge or other preferential right extends to the claim against the insurer.
In the case of a building, the insurer may only pay the indemnity to the insured after having notified its intention to the hypothecary creditor or other privileged creditor and having received, within the month following this notification, no opposition to payment, provided however that the insurer knew or should have known of the mortgage or other preferential right; however, any right entered in the land register is deemed to be known to the insurer.
The same rule applies to movable hypothecs authorized by law. In the case of movable property, the insurer may pay the indemnity directly to the insured, unless he knew or should have known of the existence of the pledge or of another preferential right.
The insurer is not liable to the creditor if the insured property is repaired or if a substitute is provided.
The same rule applies mutatis mutandis in the event of expropriation as well as in the event of compensation due to the owner of the property for destruction or deterioration.
Article 232. If, by virtue of the preceding article, a sum of money is substituted for the property destroyed or damaged, this sum may in no case be returned to the hypothecary creditor, pledgee or other privileged creditor before the expiry of the guaranteed obligation, and if the parties cannot reach an agreement with the debtor, each of them has the right to demand that this sum be deposited with the Caisse des Dépôts for their common benefit, unless the debtor furnishes a appropriate warranty.
Article 233. If, to the detriment of the creditor, the debtor refuses or neglects to exercise a claim, the creditor may, to protect his obligation, exercise this claim in his own name on behalf of the debtor, with the exception of those which are purely personal to him.
Article 234. The creditor who exercises a claim belonging to his debtor must summon the latter to appear in the action.
Article 235. The creditor may exercise a claim belonging to the debtor for the totality of what is due to the latter, without regard to what is due to him. But the defendant can satisfy the creditor by paying only the amount due to him; however, if the original debtor is a civil party, he may proceed to judgment for the balance.
In any case, the creditor cannot obtain more than what is due to him.
Article 236 The defendant may set up against the creditor all the means of defense that he may have against the debtor, except those which arose after the introduction of the action.
Article 237. The creditor has the right to ask the court for the annulment of any legal act performed by the debtor with the knowledge that it would harm his creditor; but this does not apply if the person enriched by this act did not know, at the time of the act, the facts which could make it prejudicial to the creditor, provided however that in the event of gratuitous act the only knowledge on the part of the debtor is sufficient.
The provisions of the preceding paragraph do not apply to a legal act whose object is not a property right.
Article 238 The cancellation provided for in the preceding article cannot affect the right of a third party acquired in good faith.
The preceding paragraph does not apply if the right is acquired free of charge.
Article 239 Cancellation operates in favor of all creditors.
Article 240. The action for annulment cannot be brought more than one year after the creditor became aware of the cause of the annulment, nor more than ten years after the act was accomplished.
Section 241 . If the possessor of property belonging to others has a claim relating to the property owned, he may keep the property until the performance of the obligation; but this does not apply if the obligation is not yet due.
The provisions of the preceding paragraph do not apply if the possession begins with an illicit act.
Section 242 . The right of retention does not exist if it is incompatible with the creditor's obligation or with the instructions given by the debtor before or at the time of delivery of the property or if it is contrary to public order.
Article 243. In the event of insolvency of the debtor, the creditor has a right of retention even if his claim is not yet payable. If the insolvency has occurred or has been brought to the attention of the creditor after the handing over of the property, he may exercise the right of retention even if it is incompatible with an obligation subsequently contracted by the creditor or with the instruction given by the debtor.
Article 244. The holder of a right of retention may exercise his right on the totality of the property retained until the obligation is fully performed.
Article 245. The holder of the right of retention may deduct the fruits of the property retained and allocate them to the performance of the obligation in preference to other creditors.
These fruits must first be allocated to the interest of the obligation and, if there is a surplus, to the principal.
Article 246. The holder of a right of retention is bound to take appropriate care of the retained property that may be expected of him in his situation.
The holder of the right of retention may neither use, nor rent the property retained, nor pledge it, without the consent of the debtor; but this is not the case with the use necessary for the preservation of the property.
If the holder of the right of retention acts contrary to one of the provisions of the preceding paragraphs, the debtor may claim the extinction of the right.
Article 247. If the holder of the right of retention incurs necessary expenses for the property retained, he may ask the owner to reimburse him.
Article 248. Subject to the provisions of article 193/27, the exercise of the right of retention does not prevent the prescription of the obligation.
Article 249. The debtor may claim the extinction of the right of retention by furnishing an appropriate guarantee.
Article 250. The right of retention is extinguished by the loss of possession of the property; but this is not the case when the retained property is hired or pledged with the consent of the debtor.
Article 251. The holder of a right of preference has, according to the provisions of this Code or other laws, a right on the property of his debtor to receive from it the execution of an obligation which is due to him by preference. to other creditors.
Article 252. The provisions of Article 244 apply correspondingly to preferential rights.
1. General preferential rights
Article 253. The person in favor of whom there is an obligation based on one of the following grounds has a preferential right to all the assets of the debtor:
Article 254. The preferential right in respect of expenses of common interest relates to expenses incurred in the common interest of all creditors for the preservation, liquidation or division of the debtor's assets.
If such expenditure has not been incurred for the benefit of all creditors, the preferential right exists only against the creditors for whose benefit it was incurred.
Article 255. The preferential right in respect of funeral expenses relates to funeral expenses corresponding to the situation of the debtor.
Article 256. The right of preference on taxes and duties relates to all property or other taxes or local taxes owed by the debtor for the current year and the previous year.
Article 257. The right of preference on the sums of money to which an employee is entitled for services rendered to the debtor who is his employer concerns the basic salary, the salary for overtime, the salary for public holidays, the salary for overtime during public holidays, severance pay, special severance pay and other monies to which the employee is entitled for services rendered to the debtor, for a period of four months, not to exceed one hundred thousand baht for each employee.
Article 258. The right of preference on supplies of basic necessities concerns supplies for six months of food, drink, light, firewood and charcoal, necessary for the life of the debtor, the members of his family who live with him and whom he is required to maintain, and of his servants.
2. Special preferential rights
(a) PREFERENTIAL RIGHTS ON MOVABLE PROPERTY
Article 259. A person in whose favor there is an obligation based on one of the following grounds has a preferential right to certain movable assets of the debtor:
Article 260. The right of preference due to the rental of a building relates to the rental of the building and to the other obligations of the tenant arising from the rental relationship, as well as to the furniture of the tenant which is in or on the building.
Article 261. The right of preference of the lessor of the fund relates to the movables brought by the tenant on the leased land or in the buildings assigned for the use of this land, on the movables intended for the use of this land and on the fruits of the fund which are in the possession of the lessee.
The right of preference of the lessor of the building relates to the movables which were introduced in the building by the tenant.
Article 262. If the rental of a building is assigned or the building is sub-let, the right of preference of the initial contract extends to the movables introduced by the transferee or the sub-tenant in the building. The same applies to the sums that the transferor or the lessee must receive from the transferee or the sub-lessee.
Article 263. In the event of general liquidation of the tenant's assets, the right of preference relates only to the rents and other obligations of the last preceding rental period, the current rental period and the following rental period, as well as the damages incurred during the last previous rental period and the current rental period.
Article 264. If the initial contract received a suretyship, the right of preference is exercised only for the part of the debt which is not covered by the suretyship.
Article 265. The right of preference for accommodation in a hostel covers what is due to the owner for accommodation and other services provided to the traveler or guest in response to his needs, including disbursements, and luggage or other belongings of the traveler or guest which are in the hostel, hotel or any other such place.
Article 266. The creditor of a building or the owner of an inn, hotel or other place may assert his right of preference in the same manner as a pledge creditor. The provisions of this Code relating to the realization of the pledge apply mutatis mutandis .
Article 267. The right of preference on transport relates to the transport costs of a passenger or of goods and to the incidental costs, and concerns all the goods and all the luggage which are in the hands of the carrier.
Article 268. The owner of a building, the manager of an inn or the carrier may exercise his right of preference over furniture belonging to a third party in the case provided for in the eight preceding articles, unless he has known in good time that they belonged to this third party.
If this furniture has been stolen or lost, the provisions of the law concerning the recovery of possession are applicable.
Article 269. The preferential right due to the preservation of movable property is for the expense of the preservation of the movable, and is in this movable.
The right of preference also exists for the necessary expenses incurred with a view to preserving, recognizing or executing a right relating to movable property.
Article 270. The right of preference due to the sale of a piece of furniture bears on the price and interest of this piece of furniture, and is found in this piece of furniture.
Article 271. The right of preference for the supply of seeds, young plants or manure relates to the price of the seeds, young plants or manure and the interest relating thereto, and to the fruits which have grown on the land for which these things have been used within one year after use.
Article 272. The right of preference for agricultural and industrial services applies to the person who has rendered agricultural services for a salary for one year and to the person who has rendered industrial services for a salary for three months, and covers on fruits or manufactured products obtained through its services.
(b) PREFERENTIAL RIGHTS ON IMMOVABLE PROPERTY
Section 273 . The person in favor of whom there is an obligation based on one of the following grounds has a preferential right to a specific property of the debtor:
Article 274. The right of preference in respect of the conservation of a building relates to the costs of conservation of the building and to this building.
In the case of the preceding paragraph, the provisions of Article 269, paragraph 2, apply accordingly.
Article 275. The right of preference for work carried out on a building concerns the costs for work carried out on a building of the debtor by a builder, an architect or a contractor, and which are located in this building.
This right of preference only exists if there is a current increase in the value of the building due to these works, and it relates only to this increase in value.
Article 276. The right of preference due to the sale of an immovable relates to the price and the interest relating thereto, and relates to this immovable.
3. Rank of the preferential right
Article 277. In case of conflict between general preferential rights, their rank is determined according to the order of article 253.
When a preferential right conflicts with a special preferential right, the latter takes precedence, but the preferential right on expenses for the common benefit takes precedence with respect to all the creditors who benefit from it.
Article 278. When preferential rights over the same piece of furniture come into conflict, their rank of precedence is as follows:
If the holder of a first-rank preferential right knew, at the time when he acquired his bond, that other persons had second or third-rank preferential rights, he cannot exercise his priority right to regard to them. The same applies to anyone who has retained a thing for the benefit of a beneficiary of a first priority right.
As far as fruits are concerned, he who rendered agricultural services ranks first, he who provides seeds, young plants or manure second, and the owner of the soil third.
Article 279. When special preferential rights over the same building come into conflict, their rank of precedence is determined by the order established in Article 273.
In the event of successive sales of the same building, the order of precedence of the sellers among themselves depends on the priority of the sales.
Section 280 . When several persons have preferential rights of the same rank on the same thing, each must be executed in proportion to the amount of his obligation.
4. Effect of the preferential right
Article 281. The right of preference over movable property cannot be exercised after the debtor has delivered the thing to a third party who has acquired it from him.
Article 282 When a preferential right comes up against the pledge of movable property, the pledgee has the same rights as the holder of a first rank preferential right mentioned in Article 278.
Section 283 . The holder of a general preferential right must be executed first on the movable property of the debtor and, only in case of insufficiency, it can be executed on the immovable.
With regard to buildings, he must first receive execution on buildings which are not encumbered with a special security.
If the holder of a general preferential right negligently fails to intervene in the distribution in accordance with the provisions of the two preceding paragraphs, he cannot exercise his preferential right against a third party whose right is registered, in the extent of what he would have received by this intervention.
The provisions of the three preceding paragraphs do not apply if the product of a building must be distributed before that of other goods, or if the product of a building subject to a special security must be distributed before that other buildings.
Article 284 A general lien, even if not registered on an immovable, is opposable to any creditor who has no particular surety, but it is not opposable to a third party who made the registration.
Article 285. The right of preference due to the preservation of an immovable retains its effect by being registered immediately after the accomplishment of the act of preservation.
Article 286. The right of preference for work carried out on a building retains its effect by the registration of a provisional estimate before the start of the work. However, if the cost of the work exceeds the provisional estimate, there is no preferential right for the excess.
The added value of a building resulting from the work carried out on it must be estimated by experts appointed by the court at the time of the intervention in the distribution.
Article 287 The right of preference registered in accordance with the provisions of the two preceding articles may be exercised by preference to the mortgage.
Article 288. The right of preference due to the sale of an immovable retains its effect by registering at the same time as the contract of sale the fact that the price or the interest have not been paid.
Article 289 With regard to the effect of the right of preference, in addition to the provisions of articles 281 to 288 inclusive, the provisions relating to the mortgage apply correlatively.
Article 290. If several persons owe a divisible performance, or if a divisible performance is due to several persons, each debtor is bound, in case of doubt, only to an equal share, and each creditor is entitled to an equal share. .
Section 291 . If more than one person owes performance in such a way that each is bound to perform the full performance, although the obligee is only entitled to obtain the full performance once (i.e. i.e. the joint debtors), the creditor may demand performance at his choice from any of the debtors, in whole or in part. As long as the performance has not been fully performed, all debtors remain bound.
Article 292 The performance of the obligation by one of the co-debtors takes place in favor of the other debtors. The same rule applies to any act in lieu of performance, to the recording of performance and to set-off.
A claim belonging to one of the co-debtors cannot be compensated by the other debtors.
Section 293 . The release of the obligation granted to one of the co-debtors has effect for the benefit of the other debtors only for the part of the released debtor, unless otherwise agreed.
Article 294. The default of the creditor with regard to a co-debtor is also valid for the benefit of the other debtors.
Article 295 Deeds other than those provided for in Articles 292 to 294 produce their effects, unless the contrary results from the nature of the obligation, in favor of and against the sole co-debtor to whom they specifically relate.
This applies in particular to formal notice, non-performance, imputability of fault, impossibility of performance by a co-debtor, prescription or its interruption, merger of debt .
Article 296 The co-debtors are bound to each other in equal parts, unless otherwise provided. If the contribution due to him cannot be obtained from one of the co-debtors, the insufficiency is borne by the other debtors required to contribute; if one of the co-debtors has been released from the common obligation, the creditor bears the share that the debtor released by him should have borne.
Article 297. If, in a contract, several persons bind themselves jointly to a performance, they are bound, in case of doubt, as joint and several debtors, even if the performance is divisible.
Article 298. If several persons are entitled to demand performance in such a way that each of them can demand the whole of the performance, whereas the debtor is bound to perform it only once (i.e. i.e. joint and several creditors), the debtor may, at his option, perform the performance in favor of any of the creditors. This provision applies even if one of the creditors has already brought an action for the execution.
Article 299. The default of a solidary creditor is also opposable to the other creditors.
If a claim and a debt merge in a solidary creditor, the rights of the other creditors against the debtor are extinguished.
For the rest, the provisions of Articles 292, 293 and 295 apply mutatis mutandis . In particular, if a solidary creditor transfers his claim to another person, the rights of the other creditors are not affected.
Article 300 Joint and several creditors are entitled to equal shares among themselves, unless otherwise provided.
Article 301. If several persons owe an indivisible benefit, they are held as joint and several debtors.
Article 302. If an indivisible performance is due to several persons, and if they are not solidary creditors, the debtor can only perform in favor of all of them in common, and each creditor can demand performance only in favor of all. Each creditor may require the debtor to deposit the thing due for the benefit of all creditors, or if the thing is not likely to be deposited, that it be entrusted to a custodian appointed by the court.
For the rest, a fact which concerns only one creditor is valid neither in favor of nor against the other creditors.
Article 303. A claim may be assigned, unless its nature does not permit it.
The provisions of the preceding paragraph do not apply if the parties have declared a contrary intention. However, this declaration of will is not opposable to third parties in good faith.
Article 304. A debt is non-transferable if it is not subject to judicial seizure.
Article 305. With the receivable assigned, the mortgage or pledge rights existing on its account and the rights resulting from a security established for it, pass to the assignee.
The assignee may also assert any preferential rights related to the claim in the event of forced execution or bankruptcy.
Article 306. The assignment of an enforceable obligation to a specific creditor is valid only if it is made in writing. It is opposable to the debtor or to a third party only if it has been notified to the debtor or if the latter has consented to the assignment. This notice or consent must be in writing.
The debtor is released if he satisfies the assignor by payment or otherwise before receiving notice of the assignment or consenting thereto.
Article 307. If a right is claimed by virtue of several transfers, the first transfer notified or accepted is privileged.
Article 308. If the debtor has given the consent mentioned in article 306 without reservation, he cannot set up against the assignee the exception which he could have set up against the assignor. However, if, in extinguishing the obligation, the obligor has made any payment to the assignor, he may recover it, or if, for that purpose, he has assumed an obligation to the assignor, he may treat it as if it did not didn't exist.
If the debtor has only received a notification of the assignment, he may set up against the assignee the means of defense he had against the assignor before receiving this notification. If the debtor had a claim against the assignor that was not yet due at the time of the notification, he may offset it provided that it becomes due at the latest on the date of the assigned claim.
Article 309. The assignment of a bond to order is opposable to the debtor or to another third party only if the assignment is endorsed on the deed and the deed itself is delivered to the assignee.
Article 310. The debtor of a promissory note has the right, but is not obliged, to verify the identity of the holder of the title or the authenticity of his signature or his seal; but if the debtor acts in bad faith or with gross negligence, his performance is invalid.
Article 311 The provisions of the preceding article apply in the same way if a creditor is designated in the deed, but it is added that the execution must be made to the bearer of the deed.
Section 312 . The debtor of a bond to order cannot oppose to the assignee in good faith the exceptions that he could have oppose to the original creditor, except those which arise from the act or which flow naturally from its character.
Article 313 The provisions of the preceding article apply correlatively to bonds executed in bearer form.
Article 314. The execution of an obligation can be made by any third party, unless its nature does not allow it or the interested parties have declared a contrary intention.
A person who has no interest in enforcement cannot perform it against the will of the debtor.
Article 315. Performance must be made to the creditor or to a person having the power to receive performance in his name. Performance made to a person who does not have the power to receive is valid if the obligee ratifies it.
Article 316. If performance is made to the apparent possessor of the obligation, it is valid only if the performer has acted in good faith.
Article 317. Except in the case mentioned in the preceding article, the execution made to a person who does not have the right to receive it is only valid insofar as the creditor is enriched by it.
Article 318. A person who holds a receipt is deemed to have the right to receive the benefit; but this is not the case if the person who performs the service knows that this right does not exist or is unaware of it through his negligence.
Article 319. When a third-party debtor, sentenced by the court to abstain from performing a performance, has done so to his own creditor, the seizing creditor may, insofar as he has suffered damage, demand another performance of the third-party debtor.
The provisions of the preceding paragraph do not prevent the third debtor from exercising the right of recourse against his own creditor.
Article 320. The creditor cannot be compelled to receive a partial benefit or any other benefit than that which is due to him.
Article 321. The obligation is extinguished if the creditor accepts, instead of the performance, another performance than that agreed upon.
If the debtor, in order to satisfy the creditor, assumes a new obligation towards him, it should not be presumed, in case of doubt, that he assumes the obligation instead of performance.
If performance is effected by the making, transfer or endorsement of a note or money order, the obligation is not extinguished unless such note or money order is paid.
Article 322. If a thing, a claim on a third party or any other right is given for valuable consideration, the debtor is liable for the defect and the eviction in the same way as the seller.
Article 323. If the object of the obligation is the delivery of a specific thing, the performer must deliver the thing in the relationship in which it is at the very moment when the delivery is to be made.
The debtor must, until delivery, keep the thing with the care that a person of normal prudence would take with his own property.
Article 324. In the absence of a special declaration of will as to the place of performance, if a specific thing must be delivered, the delivery must be made at the place where the thing was at the time when the obligation arose; the other types of execution must be made at the creditor's current domicile.
Article 325. When there is no declaration of will as to the costs of execution, these costs are borne by the debtor; but if, as a result of the transfer of the creditor's domicile or of another act on his part, the costs are increased, this increase must be borne by the creditor.
Article 326. The person who executes has the right to a receipt from the person who receives the execution, and if the execution is complete, he has the right to the delivery or cancellation of the act establishing the obligation. If this document is declared lost, he has the right to have the extinction of the obligation mentioned in the receipt or in a separate document.
If the obligation is partially performed or if the deed gives the creditor another right, the debtor is only entitled to a receipt and to have the performance recorded in the deed.
Section 327 . In the case of interest or other periodic benefits, if the creditor gives a receipt for a term without any reservation, he is presumed to have received the benefit for the preceding terms.
If he gives a receipt for the capital, he is presumed to have received the interest.
If the security that materializes the obligation has been delivered, it is presumed that the obligation is extinguished.
Article 328. If a debtor is bound towards the creditor to perform similar acts of execution by virtue of several obligations, and if the execution made by him is insufficient for the discharge of all the debts, he is acquitted of that which ' it specifies by doing the execution.
If the debtor does not indicate this, the due debt is first paid; among several debts due, the one which offers the least guarantee to the creditor is paid first; among several debts also guaranteed, the one which is the heaviest for the debtor; among several equally heavy debts, that which is the oldest; and if several are equally old, each debt proportionally.
Article 329. If the debtor must pay, in addition to the principal service, interest and costs, the value of a service sufficient to discharge the whole of the debt applies first to the costs, then to the interest and finally to the main service.
Article 330. The regular offer of a service releases, from the moment of the offer, all liability arising from the non-performance.
Article 331. If the creditor refuses or cannot accept performance, the executor may release himself from the obligation by depositing for the benefit of the creditor the thing which is the subject of it. The same applies if the executor, through no fault of his own, cannot know the right or the identity of the obligee.
Article 332. If the debtor is bound to perform only after the creditor's counter-performance, he may make the creditor's right to receive the thing deposited dependent on the creditor's counter-performance.
Article 333. Consignment must be made at the consignment office or at the place where the obligation is to be performed.
If there are no special provisions of the law or of the regulations as to the offices of deposit, the court must, at the request of the executor, designate an office of deposit and appoint a custodian of the thing deposited.
The depositor must notify the creditor of the deposit without delay.
Article 334. The debtor has the right to withdraw the thing deposited. If he withdraws it, the deposit is deemed never to have been made.
The right of withdrawal is prescribed:
Article 335. The right of withdrawal is not subject to judicial seizure.
If bankruptcy proceedings are initiated against the assets of the debtor, the right of withdrawal cannot be exercised during the bankruptcy proceedings.
Article 336. If the thing which is the object of the execution is not fit to be deposited, or if there is reason to fear that it will perish, be destroyed or damaged, the executor may, with leave of the court, sell it at auction and deposit the proceeds. The same applies if the preservation of the thing is excessively onerous.
Article 337. Sale by auction is only permitted after the creditor has been notified. The warning can be waived if the property is likely to deteriorate and there is danger in delaying the auction.
The debtor must immediately notify the creditor of the auction; if he fails to do so, he is liable for compensation.
The warning and notice may be removed if impracticable.
The time and place of the auction, together with a general description of the thing, are announced publicly.
Article 338 The costs of consignment or adjudication are borne by the creditor, unless the consignment is withdrawn by the debtor.
Article 339. The right of the creditor to the deposit expires after the expiry of a period of ten years from the receipt of the notification of the deposit.
After the extinction of the creditor's right, the debtor has the right to withdraw, even if he has waived the right of withdrawal.
Article 340. If the creditor declares to the debtor his intention to free himself from the obligation, the latter is extinguished.
When the obligation has been established in writing, the release must also be made in writing or the document materializing the obligation must be returned to the debtor or cancelled.
Article 341. If two persons are obligated to each other by obligations the object of which is of the same nature and which have both expired, one or the other of the obligors may release themselves from their obligation by compensation. to the extent that the amounts of the obligations correspond, unless the nature of one of the obligations does not allow it.
The provisions of the preceding paragraph do not apply if the parties have declared a contrary intention; but this intention is not opposable to a third party in good faith.
Section 342 . Compensation takes place by a declaration of will from one party to another. This declaration cannot be accompanied by a condition or a starting or expiry date.
The declaration of will mentioned in the preceding paragraph goes back in its effects to the moment when the two obligations could be compensated for the first time.
Article 343 Set-off may be effected even if the place of performance of the two obligations is different; but the one who makes the compensation must indemnify the other for the damage it causes him.
Article 344. A claim against which there is a defense cannot be offset. Prescription does not exclude set-off, if the prescribed claim was not time-barred when it could have been set off against the other claim.
Article 345. If an obligation results from an illicit act, the debtor cannot avail himself of compensation with the creditor.
Article 346. If a debt is not likely to be subject to judicial seizure, it is not compensable.
Article 347 A third-party debtor who has received an order prohibiting payment from the court cannot set up against the seizing creditor an obligation subsequently acquired by him.
Article 348. If one of the parties has several claims liable to be set off, the party carrying out the set off may specify the claims which must be set off against each other. If set-off is declared without this indication or if the other party objects to it without delay, the provisions of Article 328(2) apply mutatis mutandis.
If the party performing the set-off owes the other party interest and costs in addition to the principal performance, the provisions of article 329 apply mutatis mutandis.
Section 349. When the parties concerned have concluded a contract modifying the essential elements of an obligation, the latter is extinguished by novation.
If a conditional obligation is made unconditional, or if a condition is added to an unconditional obligation, or if a condition is modified, this is considered to be a modification of an essential element of this obligation.
Novation by change of creditor is governed by the provisions of this code relating to the transmission of claims.
Section 350. Novation by change of debtor can be effected by a contract between the creditor and the new debtor, but it cannot be done against the will of the original debtor.
Article 351. If the obligation resulting from a novation does not arise, or is annulled, by reason of an illegality in its foundation or of a cause unknown to the parties, the original obligation is not extinguished.
Section 352. The parties to a novation may, to the extent of the object of the original obligation, transfer to the new obligation a right of pledge or mortgage given as security; but if this guarantee has been given by a third party, his consent is necessary.
Article 353. If the rights and obligations of an obligation vest in the same person, the obligation is extinguished, unless it has become the subject of the right of a third person or a letter has been re-registered in accordance with Article 917, paragraph 3.
Article 354. An offer to contract in which a period of acceptance is specified cannot be withdrawn during this period.
Section 355. A person who, without specifying a time for acceptance, makes an offer to another person at a distance cannot withdraw his offer within a time when notice of acceptance may reasonably be expected to be received.
Article 356. An offer made to a person present without indicating a time limit for acceptance can only be accepted on the spot. The same applies to an offer made by one person to another by telephone.
Section 357 . An offer ceases to be binding if it is refused to the offeror or if it is not accepted in good time in accordance with the preceding three articles.
Article 358. If the notice of acceptance arrives out of time, but it appears that it was sent in such a way that, according to the normal course of things, it should have arrived in good time, the author of the The offer, unless he has already done so, must immediately notify the other party of the late arrival of the offer.
If the offeror does not give the notice mentioned in the preceding paragraph, the notification of acceptance is deemed not to have been made in due time.
Article 359. If the acceptance of an offer arrives out of time, it is considered as a new offer.
Acceptance with additions, restrictions or other modifications is considered a refusal with a new offer.
Section 360 . The provisions of Article 169, paragraph 2, do not apply if the offeror has declared a contrary intention or if, before accepting, the other party has knowledge of his death or his capacity loss.
Article 361. A contract between distant persons comes into being when the notice of acceptance reaches the author of the offer.
According to the declared will of the author of the offer or according to usage, no notification of acceptance is necessary, the contract arises at the moment of the occurrence of the fact which is considered as a declaration of acceptance.
Article 362. Whoever, by an announcement, promises to give a reward to the one who will do a certain act, is bound to give this reward to the one who does the act, even if the latter has not acted with a view to the reward.
Article 363. In the case of the preceding article, the promisor may, as long as there is no person who has performed the determined act, withdraw his promise by the same means as those used for advertising, unless that he said in the advertisement that he would not retract it.
If a promise cannot be withdrawn by the aforementioned means, it can be withdrawn by other means, but in this case it is only valid with regard to persons who have knowledge of it .
If the promisor has set a deadline for the performance of the specific act, he is presumed to have waived his right of withdrawal.
Article 364. If several people have performed the act indicated in the announcement, only the one who performed it first has the right to receive an equal share of the reward.
If several people perform this act at the same time, each of them is entitled to an equal share of the reward. But if the reward is by nature indivisible, or if, under the terms of the promise, only one person is to receive the reward, it is drawn by lot.
The provisions of the two preceding paragraphs do not apply if, in the advertisement, a different intention is declared.
Article 365. A promise of a reward accompanied by a prize competition is only valid if a deadline is set in the advertisement.
The decision of whether a competitor fulfills the conditions of the promise within the time limit, or which of several competitors deserves preference, is made by the arbitrator named in the announcement or, failing that, by the promiser of the reward. The decision is binding on the parties concerned.
In the event of equality of merit, the provisions of Article 364, paragraph 3, apply accordingly.
The transfer of ownership of the thing produced can only be demanded by the promisor if he has specified in the announcement that such a transfer would be made.
Article 366. As long as the parties have not agreed on all the points of a contract on which, according to the declaration of only one of them, the agreement is essential, the contract is not, in case of doubt, not concluded. Agreement on particular points is not binding, even if they have been noted.
If it is agreed that the contract contemplated will be put in writing, in case of doubt the contract is not concluded until it is put in writing.
Section 367 . If the parties to a contract which they considered to have been concluded have not in fact agreed on a point which was to be agreed upon, the parts which have been agreed upon are valid so far as can be deduce that the contract would have been concluded even without the settlement of this point.
Article 368. Contracts are interpreted according to the requirements of good faith, ordinary usage being taken into consideration.
Article 369. A party to a synallagmatic contract may refuse to perform his obligation until the other party performs or offers to perform his. But this provision does not apply if the other party's obligation is not yet due.
Article 370. If the object of a reciprocal contract is the creation or transfer of a real right to a specific thing, and that thing is lost or damaged by a cause which is not attributable to the debtor, the loss or the damage falls to the creditor.
The provisions of the preceding paragraph apply to non-specific property from the moment the property has become specific in accordance with the provisions of Article 195, paragraph 2.
Article 371. The provisions of the preceding article do not apply if the thing which is the subject of a reciprocal contract depending on a suspensive condition is lost or destroyed while the condition is pending.
If the thing is damaged by a cause not attributable to the creditor, the latter, when the condition is fulfilled, may, at his option, either demand performance with reduction of his consideration, or terminate the contract, it being understood that , in the event that the cause of the damage is attributable to the debtor, the creditor's right to compensation is not affected.
Section 372 . Except in the cases mentioned in the two preceding articles, if an obligation becomes impossible to perform for a cause not attributable to one of the parties, the debtor is not entitled to receive the consideration.
If performance becomes impossible for a reason attributable to the creditor, the debtor does not lose his right to compensation. He must however deduct from the benefit what he saves as a result of the release, or what he acquires or maliciously omits to acquire by a different application of his faculties. The same rule applies when the performance owed by one of the parties becomes impossible, following a circumstance which is not attributable to it, when the other party is in default to accept.
Article 373 The prior agreement exonerating the debtor from his fraud or gross negligence is void.
Article 374. If a party undertakes by contract to provide a service to a third party, the latter has the right to claim this service directly from the debtor.
In the case of the preceding paragraph, the right of the third party arises when he declares to the debtor his intention to avail himself of the contract.
Article 375 After the right of a third party has arisen in accordance with the provisions of the preceding article, it cannot be encumbered or extinguished by the parties to the contract.
Article 376 Exceptions arising from the contract mentioned in Article 374 may be set up by the debtor against the third party who receives the benefit of the contract.
Article 377. If, when concluding a contract, something is given as a down payment, it is considered proof of the conclusion of the contract. It also serves as a guarantee for the execution of the contract.
Article 378. Unless otherwise agreed, the deposit is:
Article 379. If the debtor promises the creditor the payment of a sum of money as a penalty if he does not execute it according to the rules, the penalty is lost if he is in default. If the execution due consists of an abstention, the penalty is acquired as soon as an act contrary to the obligation is committed.
Article 380. If the debtor has promised the penalty in case he does not perform his obligation, his creditor may demand the confiscated penalty instead of execution. If the creditor declares to the debtor that he demands the penalty, the request for execution is time-barred.
If the creditor has a claim for compensation for non-performance, he can demand the forfeited penalty as a minimum amount of damage. Proof of additional damage is admissible.
Article 381. If the debtor has promised the penalty in case he does not perform the obligation in the proper manner, for example, not at the appointed time, the creditor may demand the lost penalty in addition to the performance .
If the creditor is entitled to compensation for poor performance, Article 380(2) applies.
If the creditor accepts the performance, he can demand the penalty only if, upon acceptance, he reserves the right to do so.
Article 382. If a benefit other than the payment of a sum of money is promised as a penalty, the provisions of Articles 379 to 381 apply; the claim for compensation is time-barred if the creditor requires the penalty.
Article 383. If a confiscated penalty is disproportionate, it may be reduced to a reasonable amount by the court. In determining reasonableness, account is taken of all the creditor's legitimate interests, not just his pecuniary interests. After the payment of the penalty, the request for reduction is time-barred.
The same rule also applies, apart from the cases provided for in articles 379 and 382, if a person promises a penalty in case he does or abstains from doing an act.
Article 384. If the performance of the promise is not valid, the agreement concluded for a penalty in case of non-performance of the promise is also not valid, even if the parties knew the nullity of the promise.
Article 385. If the debtor contests the forfeiture of the penalty because he has executed his obligation, he must prove the execution, unless the execution owed by him consisted in an abstention.
Article 386. If, under a contract or legal provisions, one of the parties has the right to terminate, such termination is effected by a declaration of intent to the other party.
The declaration of intent referred to in the preceding paragraph cannot be revoked.
Article 387. If one of the parties fails to perform the obligation, the other party may set him a reasonable deadline and notify him to perform within this deadline. If it does not perform within this period, the other party may terminate the contract.
Article 388. If the object of a contract, according to its nature or the intention declared by the parties, can only be realized by performance on a date or within a specified period, and that date or this period is elapsed without one of the parties having executed it, the other party may terminate the contract without the notification mentioned in the preceding article.
Article 389. If performance becomes totally or partially impossible for a cause attributable to the debtor, the creditor may terminate the contract.
Article 390. If, in a contract, there are several persons on one side or the other, the right of rescission can only be exercised by all and against all. If the right of rescission is extinguished with respect to one of the beneficiaries, it is also extinguished with respect to the others.
Article 391. If one of the parties has exercised his right of rescission, each is bound to restore the other to its former state; but the rights of third parties cannot be infringed.
The sums to be returned in the case of the preceding paragraph are productive of interest from the moment they have been received.
For services rendered and for the use of a thing, restitution is made by payment of the value or, if the contract provides for consideration in money, this must be paid.
The exercise of the right of withdrawal does not affect the action for damages.
Article 392. The obligations of the parties resulting from the resolution are performed in accordance with the provisions of Article 369.
Article 393. If no deadline is set for the exercise of the right of withdrawal, the other party may set a reasonable deadline and notify the party who has the right of withdrawal to declare within this period whether or not it will withdraw. If notification of termination is not received within this period, the right of termination lapses.
Article 394. The right of rescission is extinguished when the beneficiary has, by his act or his fault, substantially damaged the thing which is the subject of the contract or has made its restitution impossible, or has transformed it into a something of another nature by working on it or remodeling it.
If, without the act or fault of the beneficiary, the thing which is the subject of the contract has been lost or damaged, the right of rescission is not extinguished.
Article 395. Whoever takes charge of a matter for another without having received a mandate from him or without being otherwise authorized to do so with regard to him, must manage the matter in the manner required by the interest of the principal, taking into account account of his real or presumed will.
Article 396. If the engagement of the management of the business is contrary to the real or presumed will of the principal, and if the manager were to recognize it, he is bound to indemnify the principal for any damage resulting from his management of the business. case, even if no fault is otherwise imputable to him.
Article 397. The fact that the management of the business is contrary to the will of the principal is not taken into consideration if, without the management of the business, an obligation of the principal whose fulfillment is in the public interest or a legal obligation to provide support to another by the person represented would not be fulfilled in due time.
Section 398 . If the purpose of the management of the case is to avoid an imminent danger which threatens the person, the reputation or the goods of the principal, the manager is liable only for his fraud and his gross negligence.
Article 399. The manager must notify the principal, as soon as possible, of the engagement of the management of the case and await his decision, unless there is danger in default. For the remainder, the provisions of articles 809 to 811 applicable to the agent apply mutatis mutandis to the obligation of the manager.
Article 400. If the manager is incapacitated, he is liable only by virtue of the provisions relating to the reparation of faults and the restitution of undue enrichment.
Section 401 . If the management of the business is in accordance with the interest and the real or presumed will of the principal, the manager may request the reimbursement of his agent's expenses. The provisions of Article 816, paragraph 2, apply mutatis mutandis.
In the case provided for by article 397, this claim belongs to the manager even if the commitment to manage the business is contrary to the wishes of the person represented.
Article 402. If the conditions of the preceding article are not met, the person represented is required to return to the manager all that he has acquired through the management of the business by virtue of the provisions relating to restitution for undue enrichment.
If the principal ratifies the management of the case, the provisions of this Code relating to representation apply mutatis mutandis.
Article 403. The manager has no claim if he did not intend to demand reimbursement from the principal.
If parents or grandparents provide maintenance to their descendants, or vice versa, it must be presumed, in case of doubt, that they did not intend to seek reimbursement from the beneficiary.
Article 404. If the manager acts for one person believing he is acting for another, only the first has the rights and obligations arising from the management.
Article 405. The provisions of the ten preceding articles do not apply if a person takes charge of another person's business believing that it is his own business.
If a person treats another person's thing as his own, while knowing that he has no right to do so, the principal may assert the rights based on Articles 395, 396, 399 and 400. If he does claim, he is liable to the manager as provided for in Article 402, paragraph 1.
Article 406. Any person who, by an act of execution made by another person or in any other way, obtains a thing to the detriment of this other person without legal reason, must restore it to him. The acknowledgment of the existence or non-existence of a debt is considered an act of execution.
The same provision applies if a thing has been obtained due to a cause which has not materialized or which has ceased to exist.
Article 407. A person who has freely performed an act as if it were the performance of an obligation, knowing that he was not bound to perform it, has no right to restitution. .
Article 408. The following persons are not entitled to restitution:
one who performs an obligation with a time clause before the time has elapsed;
one who performs a prescribed obligation;
one who performs an obligation by virtue of a moral duty or the requirements of social propriety.
Article 409. Where a person who is not an obligor has performed an obligation by mistake and the obligee, as a result, has in good faith destroyed or obliterated the documentary evidence of the obligation or forfeited any security or lost his right by prescription, the creditor is not bound to restitution.
The provisions of the preceding paragraph do not prevent the person who performed the exercise of recourse against the debtor and his surety, if there is one.
Section 410. The person who performed a service for an expected result which is not produced is not entitled to restitution if, from the beginning, he knew that the production of the result was impossible or if he was prevented from obtaining the result in breach of good faith.
Article 411. Anyone who has performed a service whose purpose is contrary to legal prohibition or good morals cannot claim restitution.
Section 412. If the property unduly received is a sum of money, restitution must be full, unless the person who received it is in good faith, in which case he is only bound to restore the part of his enrichment which still subsists at the time when restitution is requested.
Article 413. When the property to be returned is not a sum of money and the person who received it was in good faith, he is only bound to return it in the state in which it is and not is not responsible for the loss or deterioration of this property, but it must return what it has acquired in compensation for this loss or this deterioration. If the person who received the good was in bad faith, he is fully liable for the loss or damage even caused by force majeure, unless he proves that the loss or damage would have occurred anyway.
Article 414. If restitution is impossible due to the nature of the property received or for any other reason, and if the person who received the property was in good faith, he is bound to return only the part of his enrichment which still exists at the time restitution is requested.
If the person who received the property was in bad faith, he is liable to pay the full value of the property.
Article 415. The person who has received the good in good faith acquires the fruits thereof as long as this good faith lasts.
In the event that it must return this property, it is deemed to be in bad faith from the moment the return is demanded.
Article 416. The expenses that were necessary for the preservation of the property, its maintenance or its repair must be fully reimbursed to the person who restores the property.
However, this person cannot claim reimbursement of ordinary expenses for maintenance, repairs or charges incurred during the period during which he acquired the fruits.
Article 417. For expenses other than those provided for in paragraph 1 of the preceding article, the person who restores the property may only request reimbursement if they were incurred while acting in good faith and if the value of the property is increased by such expenses at the time of restitution, and only to the extent of such increase.
The provisions of Section 415(2) apply accordingly.
Article 418. If the person who, in bad faith, has unduly received property, has made modifications or additions to it, he must return the property at his own expense after having restored it to its former state, unless the owner of the property chooses to have it returned in its current state, in which case he must pay, at his choice, either the cost of the modifications or additions, or a sum representing the increase in value of the property.
Upon return, if it is impossible to return the item to its previous state or if the item would be damaged, the person who received the item must return it as is and is not entitled to compensation for the added value resulting from these modifications or additions.
Article 419. The action for cause of undue enrichment may only be brought within a period of one year from the moment when the injured person became aware of his right to restitution or within a period of ten years from the when this right arose.
Article 420. Whoever, voluntarily or through negligence, damages the life, body, health, freedom, property or any right of others, is deemed to have committed an unlawful act and is held liable. to repair the consequences.
Article 421. The exercise of a right which can only have the purpose of causing harm to another is illicit.
Article 422. If damage results from the violation of a legal provision intended for the protection of others, the author of this violation is presumed to be at fault.
Section 423 . Anyone who, contrary to the truth, affirms or disseminates as a fact what damages the reputation or credit of another, their income or their prosperity in any other way, must repair the damage resulting therefrom, even if he does not know its falsity, provided he must know it.
Anyone who makes a communication whose falsity is unknown to him does not make himself liable for compensation, if he himself or the recipient of the communication has a legitimate interest therein.
Article 424. The court, when ruling on liability for wrongful acts and on the amount of reparation, is not bound by the provisions of criminal law concerning criminal liability or by the conviction or non-conviction of the perpetrator of the wrongful act for a criminal offence.
Article 425. The employer is jointly and severally liable with his employee for the consequences of an unlawful act committed by the latter in the context of his employment.
Article 426. An employer who has compensated a third party for a fault committed by his employee is entitled to reimbursement of the latter.
Section 427 . The two preceding articles apply mutatis mutandis to the principal and to the agent.
Article 428. The employer is not liable for damage caused by the contractor to a third party during the work, unless he has committed a fault with regard to the word ordered, his instructions or the choice of the contractor.
Article 429. A person, even incapable, because of his minority or his lack of discernment, is responsible for the consequences of his illicit act. The parents of this person are, or his tutor is, jointly and severally liable with him, unless he or they prove that they exercised diligence in the exercise of their or his duty of supervision.
Section 430 . A teacher, employer or other person who assumes permanent or temporary supervision of an incapable person is jointly liable with that person for any harmful act committed by the latter while under his supervision, provided that it can be proven that he did not exercise due diligence.
Article 431. In the cases covered by the two preceding articles, the provisions of article 426 apply mutatis mutandis .
Article 432. If several persons cause, by a common fault, damage to another person, they are jointly bound to repair the damage. The same applies if, among several co-authors of an act, the one who caused the damage cannot be determined.
Persons who incite or assist in an unlawful act are considered joint actors.
Persons jointly liable for damages are equally liable among themselves, unless the court decides otherwise in the circumstances.
Article 433. If damage is caused by an animal, the owner, or the person who undertakes to keep the animal on behalf of the owner, is bound to compensate the injured party for the resulting damage, unless he proves that he exercised reasonable care in the keeping of the animal according to its species and nature or other circumstances, or that the damage would have been caused despite the exercise of this diligence.
The person liable under the preceding paragraph may exercise recourse against the person who unduly excited or provoked the animal or against the owner of another animal who caused the excitement or provocation.
Article 434. If damage is caused by faulty construction or insufficient maintenance of a building or other structure, the possessor of such building or structure is bound to repair it, but if the possessor has taken the necessary precautions to prevent the occurrence of the damage, the owner is obliged to repair it.
The provisions of the preceding paragraph also apply to defects in the planting or shoring of trees or bamboo.
If, in the cases referred to in the two preceding paragraphs, another person is responsible for the cause of the damage, the possessor or owner may exercise a right of recourse against this person.
Article 435. A person threatened with harm from a building or other structure belonging to another person has the right to require the latter to take the necessary measures to avert the danger.
Article 436. The occupant of a building is liable for damage resulting from things falling from that building or being thrown into an inappropriate place.
Section 438 . The Court determines the terms and extent of the compensation depending on the circumstances and the seriousness of the harmful event.
Compensation may include restitution of property of which the injured person was unjustly deprived or of its value as well as damages for any harm caused.
Article 439. Whoever is bound to return a thing of which he has deprived another by an illicit act is also responsible for the accidental destruction of the thing, or for the accidental impossibility of returning it resulting from another cause, or for its accidental deterioration, unless the destruction or the impossibility of restoring it or the deterioration occurred even if the wrongful act had not been committed.
Article 440. If, due to the taking of a thing, its value or, due to damage caused to a thing, its decrease in value must be repaired, the injured party may demand interest on the amount to be repaired from the time that serves as the basis for the estimate of value.
Section 441 . If the person who is obliged to repair damage resulting from the removal or deterioration of a piece of furniture compensates the person who had the thing in his possession at the time of the removal or deterioration, he is released by this fact, even if a third party was the owner of the thing or had another right to it, unless the right of the third party is known to him or remains unknown as a result of gross negligence.
Article 442. If a fault on the part of the injured person has contributed to causing the damage, the provisions of Article 223 apply mutatis mutandis.
Section 443 . In the event of death, the indemnity includes funeral expenses and other necessary expenses.
If death did not occur immediately, the indemnity includes, in particular, the costs of medical treatment and damages for loss of earnings due to incapacity for work.
If, as a result of death, a person has been deprived of his legal support, he is entitled to compensation for this.
Article 444. In the event of injury to body or health, the injured person is entitled to reimbursement of his expenses and to damages for total or partial incapacity for work, both for the present and for the future.
If, at the time of the judgment, it is impossible to determine the actual consequences of the damage, the court may reserve in the judgment the right to revise this judgment for a period not exceeding two years.
Section 445 . In the event of death, injury to the body or health of others or deprivation of liberty, if the injured person was required by law to perform a service in favor of a third party in his household or his industry, the person liable for compensation must indemnify the third party for the loss of this service.
Article 446. In the event of injury to the body or health of another, or in the event of deprivation of liberty, the injured person may also request compensation for the damage which is not pecuniary. The debt is not transferable and does not pass to the heirs, unless it has been recognized by contract or has been the subject of legal action.
Article 447. Against a person who has damaged the reputation of another, the court may, at the request of the injured person, order that appropriate measures be taken to restore the reputation of the latter, instead of or by along with compensatory damages.
Article 448 The action for damages resulting from an unlawful act is prescribed by one year from the day on which the unlawful act and the person liable for compensation became known to the injured person, or by ten years from the day on which the wrongful act was committed. However, if the damages are claimed due to an act punishable under criminal law for which a longer limitation period is provided, this longer limitation period shall apply.
Article 449. A person who, acting in self-defense or by virtue of a lawful order, has caused harm to another person is not bound to compensation.
The aggrieved person may seek redress from the person against whom the self-defense was directed, or from the person who improperly gave the order, as the case may be.
Article 450. If a person damages or destroys a thing in order to avoid an immediate common danger, he is not bound to compensation, provided that the damage caused is not disproportionate to the danger.
If a person damages or destroys something to avert an immediate personal danger, he must return it.
If a person damages or destroys a thing to protect his rights or those of a third party against an immediate danger threatened by the thing itself, he is not liable for compensation, provided that the damage caused is not disproportionate by relation to danger. If the danger was caused by the fault of this person, he is liable for compensation.
Article 451. A person who uses force to protect his right is not bound to compensation if, in the circumstances, the assistance of the court or the competent authorities cannot be obtained in due time and if there is a risk that , if it does not act immediately, the realization of its right will be thwarted or seriously impeded.
The use of force in accordance with the preceding paragraph must be strictly limited to what is necessary to prevent the danger.
If a person performs the act specified in the first paragraph on the erroneous assumption that the necessary conditions exist to make his act lawful, he is liable to compensate the other person, even if the error is not due to the negligence of His part.
Article 452 The owner of an immovable has the right to seize the animals belonging to others which cause damage to this immovable and to retain them as security for the indemnity which may be due to him; he even has the right to kill them if the circumstances demand it.
However, he must immediately notify the owner of the animals. If the owner cannot be found, the seizing party must take the necessary measures to find him.
