BA-BL101: ARTICLES

Article 1158

Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book

Article 1171

Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void

Article 1183

Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them.

Article 1202

The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable.

Article 1241

Such benefit to the creditor need not be proved in the following cases:

1. If after the payment, the third person acquires the creditor's rights;

2. If the creditor ratifies the payment to the third person;

3. If by the creditor's conduct, the debtor has been led to believe that the third person had authority to receive payment.

Article 1316

Real contracts, such as deposit, pledge and commodatum, are not perfected until the delivery of the object of the obligation.

Article 1385

Rescission creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its interest; consequently, it can be carried out only when he who demands rescission can return whatever he may be obliged to restore.

Article 1334

Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent.

Article 1340

The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves fraudulent.

Article 1352

Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy.