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Cap. 55 · Notarial Profession And Notarial Archives (Cap. 55)

Cap. 55 Art. 29Use of et caetera clauses prohibited. Ord. VIII of 1859 with the exception of the second part of article 2, consolidated.

TITLE I

In KraftAmtlicher Text

(1) Notaries may not make use of abbreviated clauses commonly called et caetera clauses, in any contract of sale, exchange, emphyteusis or letting and hiring, or in any other contract for constituting a pledge, or a privilege or a general or special hypothec.

(2) Nor may any notary, in any contract whatsoever, make use of any et caetera clause implying a derogation of any of the provisions of Title IV of Part II of Book Second of the Civil Code.

(3) Where the appearers, for the purpose of modifying the effects of the laws relating to contracts in general or to the contracts of sale, exchange, emphyteusis or letting and hiring, desire to make stipulations which heretofore were deemed to have been made by the use of an clause, the notary may et caetera express such stipulations either by writing out such clause in full and without abbreviations or by using other expressions signifying the will of the appearers.

(4) Any clause inserted in any contract in contravention of sub-articles (1) and (2), shall be void and of no effect.

(5) The provisions of article 1007 of the Civil Code shall not apply to the clauses the use whereof is prohibited by this article.