Civil Code (Cap. 16)

Contents

1. Art. 1 Title.
2. BOOK FIRST
3. Art. 1A Persons.
4. Art. 1B Extension of applicability to exclusive economic zone area or environment protection area.
5. Sub-title 1
6. Art. 2 Reciprocal duties of spouses.
7. Art. 3 Duty to contribute towards needs of the family.
8. Art. 3A Matrimonialhome.
9. Art. 3B Duty of spouse towards children.
10. Art. 4 Surname to be used by spouse and children of the family.
11. Art. 4A Transitory provisions in respect of article Act No. XXIII of 2017. Act No. LXII of 2020.
12. Art. 5 Maintenance.
13. Art. 6 Cessation of duty to supply maintenance.
14. Art. 6A Disagreement between the spouses.
15. Sub-title II
16. Art. 7 Duties of parents towards children.
17. Art. 8 Duties of children towards parents.
18. Art. 9 Duties of spouses towards each other in the provision of maintenance.
19. Art. 12 Order of liability.
20. Art. 13 Obligation in solidum. Obligation in subsidium. Power of court in urgent cases.
21. Art. 14 Where several persons claim maintenance.
22. Art. 15 Siblings.
23. Art. 16 Liability for maintenance by reason of consanguinity or affinity.
24. Art. 17 When claim for reimbursement of maintenance can be made.
25. Art. 19 Definition of maintenance.
26. Art. 20 Amount of maintenance.
27. Art. 21 When person supplying maintenance becomes unable to continue to do so.
28. Art. 21A Power to make regulations on calculation of maintenance.
29. Art. 22 Repayment of maintenance.
30. Art. 23 Maintenance in kind.
31. Art. 24 Donee primarily liable for maintenance.
32. Art. 25 Maintenance pendente lite. Son not entitled to assignment from parents, in contemplation of marriage, etc.
33. Art. 27 Whenobligation supply maintenance ceases.
34. Art. 28 Good grounds of opposition to marriage.
35. Art. 29 Where marriage is contracted without previous publication of banns.
36. Art. 32 Grounds on which parents may refuse maintenance to children.
37. Art. 33 Where maintenance may be refused on grounds of grievous injury.
38. Art. 34 Exception.
39. Sub-title III
40. Art. 35 Obligation of cohabitation to cease on separation.
41. Art. 36 How separation may be obtained.
42. Art. 37 Personal separation.
43. Art. 38 Adultery.
44. Art. 39 Protection and Treatment Orders in lawsuit for personal separation.
45. Art. 40 Excesses, cruelty, etc.
46. Art. 41 Desertion.
47. Art. 42 Reconciliation.
48. Art. 43 Death of either of the spouses.
49. Art. 44 Grounds on which both spouses may demand separation not to bar action by either of them.
50. Art. 45 Discretion of court where defendant also might have demanded separation.
51. Art. 46 Matrimonial home pendente lite.
52. Art. 46A Maintenance pendente lite.
53. Art. 47 Care of children.
54. Art. 47A Withdrawal from the community of acquests to enable a party to reside outside the matrimonial home.
55. Art. 48 Consequences for spouse giving cause to separation.
56. Art. 51 Power of court in certain cases.
57. Art. 52 Discretion of court in certain cases.
58. Art. 53 Preservation of rights or benefits by spouse obtaining separation.
59. Art. 54 Obligation for maintenance.
60. Art. 55 Cessation of community of acquests and community of residue under separate administration.
61. Art. 55A Matrimonial home.
62. Art. 56 Custody of the children after separation.
63. Art. 56A Exclusion of custody.
64. Art. 57 Right of spouses to watch over maintenance of children.
65. Art. 58 Power of court to suspend action of separation.
66. Art. 59 Separation by mutual consent.
67. Art. 60 Directions asto the custody of the children.
68. Art. 61 Agreement between spouses respecting the custody of the children.
69. Art. 62 Surname of spouse after separation.
70. Art. 62A Effects of separation in regard to third parties.
71. Art. 63 Parties may put an end to separation.
72. Art. 64 Voluntary cohabitation to operate as a reunion.
73. Art. 65 Deed may take placeafterreturn cohabitation.
74. Art. 66 When effects of separation cease in regard to third parties.
75. Sub-title IV
76. Art. 66A Divorce.
77. Art. 66B Conditions required for divorce.
78. Art. 66C Pronouncement of divorce.
79. Art. 66D Divorce granted upon the application of one of the spouses.
80. Title III of this Title. The court shall hear and determine these
81. Art. 66E Consequences of fault of spouse.
82. Art. 66F Conversion of separation proceedings into divorce proceedings.
83. Art. 66G Duties of applicant’s advocate.
84. Art. 66H Duties of respondent’s advocate.
85. Art. 66I Powers of the court.
86. Art. 66J Powers of the Minister.
87. Art. 66K Inadmissible evidence.
88. Art. 66L Effects of dissolution of marriage.
89. Art. 66M The effects of remarriage.
90. Art. 66N Jurisdiction of the court regarding divorce.
91. Sub-title I
92. Art. 67 Child born in wedlock.
93. Art. 68 Presumption of conception during wedlock.
94. Art. 69 When spouse may not repudiate child.
95. Art. 70 When spouse may repudiate child.
96. Art. 70A Natural parentage.
97. Art. 73 Time within which to bring action for disavowal of child.
98. Art. 74 Where any of the spousesdiesbefore bringing action for disavowal.
99. Art. 75 Against whom action is directed.
100. Art. 76 Childbornafterthe three-hundredth day of dissolution of marriage.
101. Art. 77 Husband’s physical impossibility of cohabitation.
102. Art. 77A Application for declaration of parenthood.
103. Art. 77B Demand may also be exercised by spouse who gave birth.
104. Art. 77C Sworn application filed within six months from the birth of the child.
105. Art. 77D Examinations as referred to in article 70A.
106. Sub-title II
107. Art. 78 Registration of birth.
108. Art. 79 Possession of status of child conceived or born in wedlock.
109. Art. 80 Possession of status to be proved by series of facts.
110. Art. 2017
111. Art. 81 No person can claim a status contrary to that attributed to him by the act of birth.
112. Art. 82 Where act of birth and possession of status are wanting.
113. Art. 83 Evidence to the contrary.
114. Art. 84 Action not barred by prescription.
115. Art. 85 When action may be broughtbyheirs of child.
116. Sub-title III
117. Art. 86 Acknow- ledgement of children conceived or born out of wedlock.
118. Art. 86A Judicial demand.
119. Art. 87 How made.
120. Art. 88 Effects.
121. Art. 89 A child conceived and born out of wedlock of a spouse, born before or during a marriage.
122. Art. 90 Parental authority over a child conceivedandborn out of wedlock.
123. Art. 91 Appointment of tutor by court.
124. Art. 92 Surname of a child conceivedandborn out of wedlock.
125. Art. 93 Duty of parents and children conceivedandborn out of wedlock.
126. Art. 96 Rights of parent to refusemaintenance wherechildrefuses tofollowdirections of parent.
127. Art. 97 Rights of parent to refusemaintenance wherechildrefuses to live in house appointed by the parent.
128. Art. 99 Acknowledgement may be impeached by child.
129. Art. 100 Any party interested may contest demand for declarator of paternity.
130. Art. 100A Genetic proof.
131. Art. 100B Parenthood in civil unions.
132. Art. 101 Where presumption arises.
133. Art. 102 Conditions for presumption.
134. Art. 103 Effects of presumption as a consequence of subsequent marriage.
135. Art. 104 Where acknowledge- ment or declarator takes place after marriage.
136. Art. 105 Descendants of children presumed to be conceived or born in wedlock in consequence of subsequent marriage.
137. Art. 106 Thepresumptionin virtue of decree of court.
138. Art. 107 Conditions for presumption in virtue of decree of the competent court.
139. Art. 108 Power of court to refuse presumption.
140. Art. 109 Registrar of court to cause registration of presumption.
141. Art. 110 Surname to be assumed by child presumed to have been conceived or born in wedlock in virtue of decree of court.
142. Art. 111 Effects of presumption in virtue of decree of court as between parent and child.
143. Art. 112 Child may demand presumption after death of parent.
144. Title III
145. Art. 113 Interpretation.
146. Art. 114 Power to make adoption decrees.
147. Art. 114A Agreementofopen adoption.
148. Art. 115 Restrictions on makingofadoption decrees.
149. Art. 116 Care and possession of persons to be adopted before adoption.
150. Art. 117 Power to dispense with consent.
151. Art. 118 Evidence of consent.
152. Art. 118A Placing a minor in alternative care before being given up for adoption.
153. Art. 119 Function of court as to adoption decrees.
154. Art. 120 Curator.
155. Art. 120A Children’s Advocate.
156. Art. 121 Rights and duties.
157. Art. 121A Serviceofadoption decree.
158. Art. 122 Judgments,decrees or orders for payment of maintenance.
159. Art. 123 Property rights.
160. Art. 124 Adopted person to assume adopter’s surname.
161. Art. 125 Registration of adoptions.
162. Art. 126 Presumption that a person was conceived or born in wedlock: revocation of adoption decrees and cancellations in register.
163. Art. 127 Amendment of decree and rectification of registers.
164. Art. 127A Right to information.
165. Art. 128 Prohibition of certain payments.
166. Art. 128A Prohibition of publication.
167. Art. 128B False statements.
168. Art. 128C Impersonation or false representation.
169. Art. 128D Forged documents.
170. Art. 128E Use of force.
171. Art. 128F Removal of child.
172. Art. 129 Regulations.
173. Art. 130 Intercountry adoptions.
174. Art. 130A Provisions of international treaty to prevail.
175. Title IV
176. Art. 131 Child subject to parental authority.
177. Sub-title I
178. Art. 132 Child to obey and not to abandon parental house.
179. Art. 133 Power of court to authorize child to leave parental house.
180. Art. 134 Power of the court to authorize child to be placed in alternative care.
181. Art. 135 Parents to be representatives of the children.
182. Art. 136 Parents’ power of administration.
183. Art. 137 Acceptance of inheritance.
184. Art. 138 Nullity of acts may only be set up by father, etc.
185. Art. 139 Conflicting interests.
186. Art. 140 Parents to render account of administration.
187. Art. 141 Property of which the parents have usufruct.
188. Art. 142 Property not subject to legal usufruct.
189. Art. 143 Obligations to which usufruct of parents is subject.
190. Art. 144 Cessation of usufruct.
191. Art. 145 Where parents continue to enjoy property on cessation of usufruct.
192. Art. 146 Death, etc. of one of the parents.
193. Art. 147 Where parent remarries and continues to administer property.
194. Art. 149 Power of court to give directions notwithstanding other provisions.
195. Sub-title II
196. Art. 150 When parental authority ceases ipso jure.
197. Art. 151 When court may reinstate parent in parental authority.
198. Art. 152 Court may dispense with inventory.
199. Art. 153 Power of court where parent, before or after remarriage, demands to continue in the exerciseofparental authority.
200. Art. 154 When parent may be deprived of parental authority.
201. Art. 155 Usufruct of propertyof child to cease on forfeiture of parental authority.
202. Art. 156 Where minor carries on trade.
203. Sub-title I
204. Art. 157 Minority.
205. Sub-title II
206. Art. 158 Where minor is subject to tutorship.
207. Art. 159 Appointment of tutor.
208. Art. 160 Persons competent to act as tutors.
209. Art. 161 Where more than one tutor are appointed.
210. Art. 162 Conflict of interest between minors and tutors.
211. Art. 163 Persons not competent to hold the office of tutor.
212. Art. 164 Judges and magistrates not eligible as tutors.
213. Art. 165 Persons who may be excused from the office of tutor.
214. Art. 166 Power of court to dispense tutors.
215. Art. 167 Tutorial inventory.
216. Art. 168 Power of court in regard to tutor.
217. Art. 169 Suspension or removal of tutor. Cap. 12.
218. Art. 170 Curator ad ventrem.
219. Art. 171 Remuneration to tutor.
220. Art. 172 Duties of tutor.
221. Art. 173 Power of court with respect to educationofminor.
222. Art. 174 Powers of tutor in case of bad conduct of minor.
223. Art. 175 Duties of minor towards tutor.
224. Art. 176 Acts not admitting of delay.
225. Art. 177 Disposal of movable property.
226. Art. 178 Precious articles, etc.
227. Art. 179 Commercial establishments.
228. Art. 180 Limitation of powers of tutor.
229. Art. 181 Profitable investment of moneys.
230. Art. 182 Administration.
231. Art. 183 Rendering of accounts
232. Art. 184 to person who was under tutorship.
233. Art. 185 Interest.
234. Art. 186 Limitation of actions.
235. Art. 187 Nullity of acts performedbytutor.
236. Sub-title I
237. Art. 188 Age of majority.
238. Sub-title I A
239. Art. 188A Persons subject to guardianship.
240. Art. 188B Functions of guardian.
241. Art. 188C Obligations in respect of acts of guardianship.
242. Art. 188D Power to make regulations.
243. Sub-title II
244. Art. 189 Persons subject to interdiction.
245. Art. 190 Deaf-mutes or blind. Cap. 12.
246. Art. 191 Interdiction of minor.
247. Art. 192 Nullity of acts performed by person interdicted.
248. Title VII
249. Art. 193 Definition of “absentee”.
250. Sub-title I
251. Art. 194 Application for appointment of curator.
252. Art. 195 Edict.
253. Art. 196 Information respecting absentee.
254. Art. 197 Inventory.
255. Art. 198 Acts which do not admit of delay.
256. Art. 199 Obligation of curator.
257. Art. 200 Persons not competent to act as curators.
258. Art. 201 Court may appoint more than one curator.
259. Art. 202 Rendering of accounts.
260. Art. 203 Curator to represent absentee.
261. Art. 204 Wheretheabsentee has left an attorney.
262. Sub-title II
263. Art. 205 Opening of wills.
264. Art. 206 Edict.
265. Art. 207 Where six months have elapsed without any information respecting absentee.
266. Art. 208 Demand for provisional possession by heirs-at-law in default of institution of heir,
267. Art. 209 or in default of secret or public will.
268. Art. 210 Publication of edict.
269. Art. 211 Rights of legatees, etc.
270. Art. 212 Security.
271. Art. 213 Other caution in default of security.
272. Art. 214 Spouse may demand maintenance.
273. Art. 215 Effects of provisional possession.
274. Art. 216 Inventory of property.
275. Art. 217 Powers of persons vested with provisional possession.
276. Art. 218 Enjoyment of fruits.
277. Art. 219 Prior or equal right to provisional possession.
278. Art. 220 Returnofabsentee.
279. Art. 221 Death of absentee.
280. Art. 222 Action by persons having rights against absentee.
281. Sub-title III
282. Art. 223 Absolute possession.
283. Art. 224 Cases where absolute possession takes place.
284. Art. 225 Rights of persons placed in absolute possession of property.
285. Art. 226 Return of absentee.
286. Art. 227 Rights of children of absentee.
287. Art. 228 Other rights.
288. Sub-title IV
289. Art. 229 Claiming of rights on behalf of person not known to be living.
290. Art. 230 Where a succession becomes open.
291. Art. 231 Action to obtain inheritance.
292. Art. 232 Fruits collected in good faith.
293. Sub-title V
294. Art. 233 Curatorship of minor children of absentee.
295. Sub-title I
296. Art. 234 Acts to be drawn up on the birth, marriage or death of any person.
297. Art. 235 Exceptions.
298. Art. 236 By whom acts are drawn up.
299. Art. 237 Acts of marriage.
300. Art. 238 Registers.
301. Art. 239 Registrationsinthe office of Malta or Gozo.
302. Art. 240 Progressive number,
303. Art. 241 in respect of each description of acts.
304. Art. 242 Drawing up of acts in clear characters.
305. Art. 243 Applicability of s.242tocertificates of baptism or marriage.
306. Art. 244 Births, marriages, unions of equivalent status, and deaths in foreign countries.
307. Art. 245 How registrations are made.
308. Art. 246 Declaration on last page of register book.
309. Art. 247 When registration is to be entered.
310. Art. 248 Correction of errors.
311. Art. 249 Preservation of acts.
312. Art. 250 Index.
313. Art. 251 Acts and registers to be open to inspection.
314. Art. 252 Probatory force of registers.
315. Art. 253 Correction or cancellation of registrations.
316. Art. 254 Noticetointerested parties.
317. Art. 255 Provisions of ss.253 and 254 to apply, without prejudicetoss.960 to 962 of Code of Organization and Civil Procedure. Cap. 12.
318. Art. 256 Corrections, etc., ordered by court.
319. Art. 257 Corrections ordered by Court of Revision.
320. Art. 257A Action for an annotation in the indication of sex particulars appearing in an act of birth.
321. Art. 257B Where court shall allow request.
322. Art. 257C Changes in act of birth and effects thereof.
323. Art. 257D Consequential correction of identity card.
324. Art. 258 Correction of errors after declaration referred to in article 246.
325. Art. 259 Holidays.
326. Art. 260 Inspection of registers by Court of Revision of Notarial Acts.
327. Art. 261 Duties of court.
328. Art. 262 Persons refusing to give information concerning particulars,
329. Art. 263 or making false declaration,
330. Art. 264 or disobeying any order.
331. Art. 265 Where offender after expiating punishment persists in refusing to answer.
332. Art. 266 Saving as regards other punishments for more serious offences. Cap. 9.
333. Art. 267 Where several persons are bound, performance by one discharges the others.
334. Art. 268 Fees.
335. Art. 269 Adopted Persons Register.
336. Art. 270 Functions of a diplomatic or consular representative in relation to acts of civil status.
337. Art. 271 Power to make regulations.
338. Sub-title II
339. Art. 272 Persons bound to give notice of birth of child.
340. Art. 273 How notice is given.
341. Art. 274 Verbal or written notice.
342. Art. 275 Where notice is given personally by any one of the parents.
343. Art. 276 or by any other person.
344. Art. 277 Dutiesofofficer,in default of any one of the parents.
345. Art. 278 Particularsofactof birth.
346. Art. 278A Registration of names.
347. Art. 279 Childrenconceived and born out of wedlock.
348. Art. 280 When the person who gave birth to the child is married.
349. Art. 281 Particulars respecting the person who gave birth to a child conceivedandborn out of wedlock.
350. Art. 282 Signing of act.
351. Art. 283 Still-born children.
352. Art. 284 Officer may require to see the child.
353. Art. 285 Children born at sea.
354. Art. 285A Children born at sea on board a vessel that is not registered in any place.
355. Art. 286 Duty of the parent who did not give birth, or, in default, of the parent who gave birth.
356. Art. 287 Foundlings.
357. Art. 288 Acts of birth to be delivered for registration.
358. Art. 289 Where, after registration, paternity of a child conceived or born outside wedlock is established.
359. Art. 290 Adoption or presumption that a person was conceived or born in wedlock.
360. Art. 291 Documents to be produced.
361. Art. 292 Presumption in virtue of subsequent marriage.
362. Art. 292A Surname of child.
363. Sub-title III
364. Art. 293 Particularsofactof marriage.
365. Art. 294 Delivery of act of marriage.
366. Art. 295 Entry of decisions, declarations and prohibitions affecting marriage.
367. Art. 295A Act of civil union.
368. Sub-title IV
369. Art. 296 Notice of death by physician,
370. Art. 297 by members of family.
371. Art. 298 Certificate of person presumed dead.
372. Art. 299 Certificate of absent person presumed dead.
373. Art. 300 Return of absentee after final certificateofdeath.
374. Art. 301 Particularsofactof death.
375. Art. 302 Powers of officer to collect information.
376. Art. 303 Duties of officers of hospitals, etc.
377. Art. 304 Deaths at sea.
378. Art. 305 Acts of death to be delivered for registration.
379. Art. 306 Exercise of functions assigned to the Director.
380. Title I
381. Art. 307 Movable or immovable property.
382. Sub-title I
383. Art. 308 Immovable property.
384. Art. 309 When certain things become movable. Cap. 12.
385. Art. 310 Things immovable by reason of the object to which they refer.
386. Art. 311 Definition of “immovable thing”.
387. Sub-title II
388. Art. 312 Movable property.
389. Art. 313 Materials deriving from demolition of buildings.
390. Art. 314 Ships, etc.
391. Art. 315 Shares or interests in commercial companies, etc.
392. Art. 316 Definition of “movable property or things”, “movable effects” or “movable substance”.
393. Art. 317 Definition of “movables”.
394. Art. 318 Definition of “furniture”.
395. Art. 319 Definition of “a house with all that it contains”.
396. Title II
397. Art. 320 Ownership.
398. Art. 321 No person may be compelled to give up his property.
399. Art. 322 Owner of thing has right to reclaim it from any possessor.
400. Art. 323 Ownership of land carries with it ownership of what is above and under it.
401. Art. 324 Constructions,etc., over or under the land belong to owner.
402. Art. 325 Owner may compel neighbour tofixboundariesof adjoining tenements.
403. Art. 326 Owner may enclose his tenement.
404. Title IIA
405. Art. 327 Public and vacant property.
406. Sub-title I
407. Art. 328 Definition of “usufruct”.
408. Art. 329 Where usufruct includes things which cannot be used without being consumed.
409. Art. 330 Usufruct is constituted by law or by man. Cap. 56.
410. Art. 331 Usufruct may be constituted conditionally, for specified time or favour of two or more particular persons.
411. Art. 332 Fruits belong to usufructuary.
412. Art. 333 Natural, industrial and civil fruits.
413. Art. 334 Natural and industrial fruits hanging from branches or standing upon roots.
414. Art. 335 Civilfruitsdeemed tobeearneddayby day.
415. Art. 336 Fine.
416. Art. 337 Usufruct of a life annuity.
417. Art. 338 Where usufruct includes things subject to gradual deterioration by use.
418. Art. 339 Fruit trees.
419. Art. 340 Usufructuary may assign enjoyment of his right.
420. Art. 341 Lease of property to remain operative.
421. Art. 342 Usufructuary may sell fruits that are pending.
422. Art. 343 Usufructuary enjoys rights of easement.
423. Art. 344 Usufructuary enjoys such stone- quarries as are open.
424. Art. 345 Usufructuary has no right to treasure- trove.
425. Art. 346 Owner may not prejudice rights of usufructuary.
426. Art. 347 Usufructuary cannot claim compensation for improvements.
427. Art. 348 Usufructuary entitled to real actions competent to owner.
428. Art. 349 Usufructuary to take things in the condition in which they are at the time the usufruct vests in him.
429. Art. 350 Making up of inventory.
430. Art. 351 How inventory is made up.
431. Art. 352 Security to be given by usufructuary.
432. Art. 353 Persons who are not bound to give security.
433. Art. 354 Time within which owner may demand security.
434. Art. 355 Where usufructuary fails to give security.
435. Art. 356 Administrator to sell movables, etc.
436. Art. 357 Administrator may deviate from rule laid down in art. 356.
437. Art. 358 Power of court whereusufructuary fails to find security.
438. Art. 359 Duty of administrator to render account.
439. Art. 360 Removal of administrator.
440. Art. 361 Usufructuary may take over administration.
441. Art. 362 Fruits due to usufructuary.
442. Art. 363 Repairsofproperty subject to usufruct.
443. Art. 364 Extraordinary repairs.
444. Art. 365 Reimbursement of expenses incurred byusufructuaryfor repairswhichareat charge of owner.
445. Art. 366 Where owner consents to carry out extraordinary repairs.
446. Art. 367 Where part of buildingfallsdown through age, etc.
447. Art. 368 Usufructuary cannot prevent owner from carrying out repairs.
448. Art. 369 Expenses to be borne by usufructuary, by owner.
449. Art. 370 Usufructuary to pay ground-rent, etc.
450. Art. 371 Usufructuary of particular tenements not to pay charges on such tenements.
451. Art. 372 Usufructuary of estate to pay maintenance allowances, etc.
452. Art. 373 Costs of lawsuits concerning usufruct, etc.
453. Art. 374 Encroachment on property held in usufruct.
454. Art. 375 Where subject of usufruct is not a herd.
455. Art. 376 Where subject of usufruct is a herd.
456. Art. 377 Insurance of ship subject to usufruct.
457. Art. 378 Termination of usufruct.
458. Art. 379 Termination of usufruct by wrongful use thereof.
459. Art. 380 Duration of usufruct granted to body-corporate,
460. Art. 381 or until a third party reaches a given age,
461. Art. 382 or in favour of two or more persons conjointly.
462. Art. 383 Sale of thing subject to usufruct.
463. Art. 384 Creditors of usufructuary can have waiver of usufruct declared null.
464. Art. 385 Where a part only of subject of usufruct perishes.
465. Art. 386 Rights of usufructuary in respect of soil or materials of a building that falls down.
466. Art. 387 Where subject of usufruct is a ship beyond repair.
467. Art. 388 Usufructofannuity or debt not to terminate on repayment of capital.
468. Sub-title II
469. Art. 389 How use and habitation are acquired and lost.
470. Art. 390 Rights of use and habitation to be created by public deed.
471. Art. 391 Where extent of right of use or habitation is not fixed in deed.
472. Art. 392 Definition of “use”.
473. Art. 393 Definition of “habitation”.
474. Art. 394 Definition of “family”.
475. Art. 395 Inventory and security.
476. Art. 396 Grantee to act as bonus paterfamilias.
477. Art. 397 Liabilities of grantee.
478. Art. 398 Wherefruitsdonot exceed quantity required by person having right of use.
479. Art. 399 Rights of use and habitation may not be assigned, etc.
480. Title IV
481. Art. 400 Definition of “easement”.
482. Art. 401 Howeasementsare created.
483. Sub-title I
484. Art. 402 Easements created for purposes of public or private utility.
485. Art. 403 Duties of owners of tenements.
486. Art. 404 Springs of water.
487. Art. 405 Water running through public road.
488. Art. 406 Where water is requiredfortheuse of man, etc.
489. Art. 407 Party wall.
490. Art. 408 How to be built. Height.
491. Art. 409 Presumption of ownership of party-wall.
492. Art. 410 Party-wallbetween courtyards, gardens or fields.
493. Art. 411 Repairstocommon wall.
494. Art. 412 Where common wall supports building which owner wishes to demolish.
495. Art. 413 Right of support.
496. Art. 414 Raising of common wall.
497. Art. 415 Where common wall is not in condition to stand additional height.
498. Art. 416 Party raising common wall, liable for damage to neighbour.
499. Art. 417 Neighbour may acquire co- ownership of additionalheightof common wall.
500. Art. 418 Owner may make common a wall contiguous to his tenement.
501. Art. 419 Works to or on common wall, or deposit of manure, etc., against common wall.
502. Art. 420 Repairs to walls separating courtyards, etc.
503. Art. 421 Construction or repairofparty-wall between two tenements having different level.
504. Art. 422 Where neighbour is unwilling to contribute to expense of construction or repair to wall.
505. Art. 423 Where several storeys or parts of building belong to different owners.
506. Art. 424 Old easements in regard to new common wall.
507. Art. 425 Openings in party- walls.
508. Art. 426 Owners of storeys may make balconies, etc., in external wall.
509. Art. 427 Raising of party- wall if building has stairs leading to roof.
510. Art. 428 Neighbours to avoid causing damage to party- wall.
511. Art. 429 Ditch between two tenements is presumed to be common to both owners.
512. Art. 430 Indications that ditch is not common.
513. Art. 431 Where ditch serves for the drainage of the lands of one owner only.
514. Art. 432 Repair of common ditch.
515. Art. 433 Trees existing on boundary-line between two tenements.
516. Art. 434 Construction of walls, etc. on boundary-line of tenements.
517. Art. 435 Space to be left when not building on boundary-line.
518. Art. 436 Exception.
519. Art. 437 Planting of trees, etc.
520. Art. 438 Branches of trees overhanging adjoining tenement.
521. Art. 439 Digging of wells, etc.
522. Art. 440 Damage consequent on excavations.
523. Art. 441 Distance of sink- pipes or water- pipes.
524. Art. 442 Where cistern extends under tenement of neighbour.
525. Art. 443 Distance of windows, etc., from party-wall.
526. Art. 444 Distance of ovens from party-wall.
527. Art. 445 Construction of roofs.
528. Art. 446 Access to and passage over tenements.
529. Art. 447 Tenement having no outlet to public road.
530. Art. 448 Tenement becomingenclosed on all sides.
531. Art. 449 Discontinuance of right of way.
532. Art. 450 Right of watercourse.
533. Art. 451 Action for indemnity subject to prescription.
534. Art. 452 Contribution towards necessary repairs of channels.
535. Art. 453 Where enjoyment of way or of watercourse can be had in or over two or more tenements.
536. Sub-title II
537. Art. 454 Creation of easements.
538. Art. 455 Continuous or discontinuous, apparent or non- apparent easements.
539. Art. 456 Affirmative or negative easements.
540. Art. 457 Creation of continuous and apparent easements.
541. Art. 458 Title to result from public deed. Registration thereof.
542. Art. 459 Creation of easements over tenements subject to usufruct.
543. Art. 460 Easement granted by co-owner.
544. Art. 461 Where co-owner granting easement becomes sole owner of tenement.
545. Art. 462 Where easement acquired by prescription.
546. Art. 463 Prescription with regard to affirmative or negative easements.
547. Art. 464 Where easement is in respect of water flowing from neighbouring tenement.
548. Art. 465 Where emphyteuta, etc., suffers exercise of easement.
549. Art. 466 Owneroftenement subjecttoeasement of receiving rain- water falling on neighbouring building, may cause such easement to cease.
550. Art. 467 Owner of building subjecttoeasement of allowing rain- water falling on such building to flow to neighbouring tenement, may cause such easement to cease.
551. Art. 468 When easement is said to be created by “the disposition oftheowneroftwo tenements”.
552. Art. 469 Easements that cannot be acquired by prescription.
553. Art. 470 Principal easement to include secondary easements.
554. Art. 471 Right to carry out works necessary for enjoyment and preservation of easement.
555. Art. 472 When owner of servient tenement is bound to carry out repairs.
556. Art. 473 Where dominant tenement is divided.
557. Art. 474 Owner of servient tenementcannotdo anything injurious to easement.
558. Art. 475 Ownerofdominant tenement may not render easement more burdensome.
559. Art. 476 Doubt as to extent of easement.
560. Art. 477 Duty of person granting water from a spring or channel.
561. Art. 478 Owneroftenement subjecttoeasement in respect of flow ofwatermayfreely use such water.
562. Art. 479 Easements are extinguished when they can no longer be exercised,
563. Art. 480 by merger or unity of possession,
564. Art. 481 by non-user.
565. Art. 482 Runningofperiods of non-user.
566. Art. 483 Prescription in favour of third party in possession.
567. Title XXV of Part II of Book Second of this Code.
568. Art. 484 Prescription as to manner of use of easement.
569. Art. 485 Interruption of prescription by a co-owner.
570. Art. 486 Suspension or interruption of prescription with regard to a co- owner.
571. Art. 487 Cessation of easement on partition.
572. Art. 488 Easements acquired in favour of dotal or emphyteutical tenements.
573. Sub-title I
574. Art. 489 Definition of community of property.
575. Art. 490 Share of co- owners.
576. Art. 491 Right of co-owner to make use of common property.
577. Art. 492 Contribution towards expenses.
578. Art. 493 Noalterationstobe made without consent of co- owners.
579. Art. 494 Power of court to appoint administrator of common property.
580. Art. 495 Each co-owner has full ownership of his share.
581. Art. 495A Where co-owners fail to agree in respect of a sale of a thing held in common.
582. Art. 495B Transitory provision in respect of articles 495 and 495A and obligation to register under the Land Registration Act.
583. Sub-title II
584. Art. 496 Each co-owner may demand partition of common property.
585. Art. 497 Power of court to orderdissolutionof community notwithstanding prohibition of testator, etc.
586. Art. 498 Partition may be demanded even if co-owner enjoyed separately a portion of the property.
587. Art. 499 Partition of immovable property to be made by public deed.
588. Art. 500 Manner and form of partition.
589. Art. 501 Valuation of property and making up of shares. Cap. 12.
590. Art. 502 Right of co-owner to have his share in kind.
591. Art. 503 Right of co-owner possessing immovables adjacent to those community.
592. Art. 504 Dismemberment tenements and creation of easements to be avoided.
593. Art. 505 Payment of a sum ofmoneyincaseof inequality of shares.
594. Art. 506 Rent-charge in lieu of sum of money.
595. Art. 507 Other cases where rent-charge may be imposed.
596. Art. 508 Limitation of amount of rent- charge.
597. Art. 509 Formation of shares.
598. Art. 510 Drawing of lots.
599. Art. 511 When partition is tobemadewiththe assistance of the judge or magistrate.
600. Art. 512 Delivery of documents relating to the subjects of the partition.
601. Art. 513 Effects of partition.
602. Art. 514 Supplement in money and supplementary partition.
603. Sub-title III
604. Art. 515 Sale by licitation
605. Art. 516 may be demanded by any of the co- owners.
606. Art. 517 Strangers may be invited to bid.
607. Art. 518 No formalities required where licitation takes place with the consent of all co- owners,
608. Art. 519 even, in certain cases where one of the co-owners is subject to tutorship.
609. Art. 520 Licitation of immovable property, etc., where any of the co-owners is subject to tutorship, etc.
610. Art. 521 Licitation under authority of court, to be carried out as a judicial sale.
611. Art. 522 Applicability of certain provisions relating to sale of immovables.
612. Art. 523 Licitation of common property subject to entail. Sec.1 of Ordinance VI of 1895, incorporated.
613. Sub-title I
614. Art. 524 Definition of possession.
615. Art. 525 A person is presumed to possess on his own behalf.
616. Art. 526 Facultative acts, etc., cannot found possession.
617. Art. 527 Violent or clandestine acts.
618. Art. 528 When intermediate possession may be presumed.
619. Art. 529 Actual possession without title does not raise presumption of former possession.
620. Art. 530 Possession by universal or singular successor.
621. Art. 531 Possessor in good faith. Possessor in bad faith.
622. Art. 532 Good faith to be presumed.
623. Art. 533 Rules to be observed with regardtorightsand obligations arising from possession.
624. Sub-title II
625. Art. 534 Action to secure possessor in his rights in case of molestation.
626. Art. 535 Action for restoration of possession in case of spoliation. Cap. 12.
627. Art. 536 Restoration of possession does not bar other possessory actions.
628. Art. 537 Issues as to possession in matters concerning easements.
629. Art. 538 Action to restrain continuation of new work where damage is feared.
630. Art. 539 Action competent to person apprehending damage from any building, tree, etc.
631. Sub-title III
632. Art. 540 Right of possessor in good faith with regard to fruits of thing possessed.
633. Art. 541 Possessor in bad faith.
634. Art. 542 Right of possessor in good faith as to expenses.
635. Art. 543 Possessor in bad faith.
636. Art. 544 Rightsofpossessor as to decorative expenses.
637. Art. 545 Definition of necessary, useful and decorative expenses.
638. Art. 546 Possessionofthing obtainedbytheftor other offence.
639. Art. 547 Set-off of fruits against expenses.
640. Art. 548 Wherepossessor good or bad faith not bound to restore fruits of meliorations.
641. Art. 549 Expenses for the production or preservation of fruits.
642. Art. 550 Right of retention competent to possessor.
643. Art. 551 Possessor in good faith to make good damage.
644. Art. 552 If the thing possessed be an inheritance.
645. Art. 553 Where possessor is deemed to have derived a benefit.
646. Art. 554 Possessor in good faith not bound to restore value of things given, etc.
647. Art. 555 Applicability of ss.552, 553 and 554 to possessor of other universitas rerum.
648. Art. 556 Possessor in bad faith to restore things wrongfully occupied by him.
649. Art. 557 Possessor in bad faith answerable for damage caused to thing.
650. Art. 558 Possession of movables by third parties in good faith.
651. Art. 559 Ownerofthinglost or stolen may recover it.
652. PART II
653. Art. 560 Acquisition and transmission of property by succession, etc.
654. Title I
655. Art. 561 Definition of occupancy.
656. Art. 562 Rights of owners of swarms of bees.
657. Art. 563 Treasure trove. Cap. 445.
658. Art. 564 Lost property.
659. Art. 565 Things thrown or falling into the sea.
660. Title II
661. Art. 566 Definition of accession.
662. Sub-title I
663. Art. 567 Ownership of natural, industrial or civil fruits.
664. Sub-title II
665. Art. 568 Constructions, plantations, or works made with materials belonging to others.
666. Art. 569 Constructions,etc., madebythirdparty in possession with his own materials,
667. Art. 570 with materials belonging to others.
668. Art. 571 Occupation in good faith of a portion of a contiguous tenement.
669. Sub-title III
670. Art. 572 Right of accession in regard to movable things.
671. Art. 573 Where two things belonging to different owners have been united so as to form a whole.
672. Art. 574 Which part is to be considered as principal.
673. Art. 575 Whereaccessory much more precious than principal.
674. Art. 576 When thing is considered as principal by reason of its value or bulk.
675. Art. 577 Where artificer employs materials not belonging to him,
676. Art. 578 or materials belonging partly to him and partly to others.
677. Art. 579 Where workmanship is much more valuable than materials.
678. Art. 580 Commixture of several materials.
679. Art. 581 Where materials belonging to one owner can be considered as the principal subject.
680. Art. 582 Owners of materials may demand sale by auction of new subject of property.
681. Art. 583 Rights of owner of materials employed without his concurrence.
682. Art. 584 Liability for damages.
683. Title III
684. Art. 585 Definition of inheritance.
685. Art. 586 How inheritance is disposed of.
686. Art. 587 Testamentary instruments made before 11th February 1870.
687. Sub-title I
688. Art. 588 Definition of will.
689. Art. 589 Dispositions by universal or singular title.
690. Art. 590 Definition thereof.
691. Art. 591 Heir. Legatee.
692. Art. 592 Will unica charta.
693. Art. 593 Where a spouse revokes a will unica charta.
694. Art. 594 Effects of revocation.
695. Art. 595 Will unica charta admissible only between the spouses.
696. Art. 596 Capacity of disposing or receiving by will.
697. Art. 597 Testamentary incapacity.
698. Art. 598 Persons under eighteen can only makeremuneratory dispositions.
699. Art. 599 Wills made by persons subject to incapacity are null even though incapacity ceases before testator’s death.
700. Art. 600 Those not yet conceived cannot receive by will.
701. Art. 601 Those not born viable cannot receive by will.
702. Art. 602 All children may receive by will.
703. Art. 605 Persons unworthy of receiving by will.
704. Art. 606 Rehabilitation.
705. Art. 607 Unworthy heir or legatee to restore fruits.
706. Art. 608 Descendants of person unworthy are entitled to the reserved portion.
707. Art. 609 Incapacityoftutors or curators to receive by will.
708. Art. 610 Incapacity of notary receiving a public will to benefit under the same.
709. Art. 611 Incapacity of members of monastic orders, etc.
710. Art. 612 Disposition in favourofincapable persons is null even if made through intermediaries.
711. Art. 613 Persons deemed to be intermediaries.
712. Art. 614 Property which maybe disposed of by will.
713. Art. 615 Reserved portion.
714. Art. 616 Reserved portion due to children.
715. Art. 617 “Children” to include descendants.
716. Art. 618 Rules for determining the number of children for regulating the reserved portion.
717. Art. 620 Reserved portion to be free from burdens or conditions.
718. Art. 621 Where subject of testamentary disposition is a usufruct or life annuity.
719. Art. 622 Disherison.
720. Art. 623 Grounds on which a descendant may be disinherited.
721. Art. 625 Grounds of disherison to be proved by party alleging disherison.
722. Art. 626 Rights of children of persons disinherited.
723. Art. 627 Where person disinherited predeceases testator.
724. Art. 628 Maintenance of person disinherited.
725. Art. 629 Right to reserved portionwhencause of disherison is not stated or proved.
726. Art. 630 Disherison on the ground of prodigality.
727. Art. 631 Right of surviving spouse, if there is issue.
728. Art. 632 Right of surviving spouse, if there is no issue.
729. Art. 633 Rightofhabitation.
730. Art. 634 Partition between heirs and surviving spouse.
731. Art. 635 Use of contents of matrimonial home.
732. Art. 636 Definition of furniture.
733. Art. 637 Limitationsofright of use.
734. Art. 638 Cases where surviving spouse cannot claim rights.
735. Art. 639 Application of articles 633 and 635 in cases of personalseparation or divorce.
736. Art. 646
737. Art. 647 Testamentary dispositions exceeding disposable portion, liable to abatement.
738. Art. 648 How abatement is determined.
739. Art. 650 When value of donations exceeds or is equal to disposable portion.
740. Art. 651 Proportionate abatement.
741. Art. 652 Declaration by testator that a disposition shall have effect in preference to others.
742. Art. 653 Separation of subject of legacy.
743. Art. 654 Will is either public or secret.
744. Art. 655 Form of public will. Cap. 55.
745. Art. 656 Form of secret will.
746. Art. 657 Paper containing secret will to be closed and sealed.
747. Art. 658 Delivery of secret wills.
748. Art. 659 Duties of notary receiving a secret will.
749. Art. 660 Notary to present secret will to court of voluntary jurisdiction. Cap. 12.
750. Art. 661 Penalty to be inflicted on notary contravening the provisions of s.660.
751. Art. 662 Note of particulars prescribedbyCode of Org. and Civ. Proc. to be equivalent to act of delivery.
752. Art. 663 Secret will by illiterate person.
753. Art. 664 Duties of judge or magistrate assisting an illiterate person.
754. Art. 665 Formalities to be observed by judge or magistrate assisting an illiterate person.
755. Art. 666 Any judge or magistrate even temporarilypresent in Malta or Gozo mayassistilliterate person.
756. Art. 667 Contents of will to be kept secret.
757. Art. 668 Secret will by a deaf-mute.
758. Art. 669 Secret will be person totally deaf.
759. Art. 670 Persons incompetent as witnesses in public wills.
760. Art. 671 Testator may withdraw secret will.
761. Art. 672 Nullity of will.
762. Art. 673 Wills in places where communications are interrupted.
763. Art. 674 When such will becomes void.
764. Art. 675 Person receiving suchwilltodeposit it in court of voluntary jurisdiction.
765. Art. 676 Wills made at sea.
766. Art. 677 By whom such wills are to be signed.
767. Art. 678 Entry relating to the receipt of any such will to be made in log-book and muster-roll.
768. Art. 679 Duty of master, etc., on return to Malta to present will to the court of voluntary jurisdiction.
769. Art. 680 Will made at sea to have effect only if testator dies at sea, etc.
770. Art. 681 Nullity of dispositions made in favour of person receiving will, etc.
771. Art. 682 Effect of wills made outside Malta.
772. Art. 683 Institution of heir.
773. Art. 684 Where only a portion of inheritance is disposed of.
774. Art. 685 Where reason constituting sole inducement of disposition is false.
775. Art. 686 Wills per relationem ad are schedulam void.
776. Art. 687 Disposition in favour of person uncertain.
777. Art. 688 Disposition in favour of person or body corporate to be designated by heir or third party.
778. Art. 689 Disposition in favour of next of kin.
779. Art. 690 Disposition in favour of the poor.
780. Art. 691 Disposition in favour of testator’s soul.
781. Art. 692 Inadmissibility of evidence to show that the words of the will are contrary to the intention of the testator.
782. Art. 693 Fiduciary dispositions.
783. Art. 694 Erroneous designationof heir, legatee or thing disposed of.
784. Art. 695 Disposition left entirely to the discretion of the heir.
785. Art. 696 Legacy of thing belonging to others.
786. Art. 697 Legacy of thing belonging to heir or legatee.
787. Art. 698 Where a part only of the thing bequeathed belongs to the testator.
788. Art. 699 Legacy of an indeterminate thing.
789. Art. 700 Where thing bequeathed is not found to exist in estate of testator.
790. Art. 701 Legacy of thing or quantity to be taken from a specified place.
791. Art. 702 Legacy of a thing belonging to legatee.
792. Art. 703 Legacy of a debt due to testator.
793. Art. 704 Legacy of a thing or sum as due by testator to legatee.
794. Art. 705 Legacy of debt to creditor. Legacy to servant.
795. Art. 706 Legatum liberationis to include only debts due at the time of the will.
796. Art. 707 Legacy of maintenance.
797. Art. 708 Legacy of immovable increased by subsequent acquisitions.
798. Art. 709 Pre-legacy to heir.
799. Art. 710 Dispositions may be pure or conditional.
800. Art. 711 Impossible conditions, etc.
801. Art. 712 Condition in restraint of marriage.
802. Art. 713 Condition restraining heir from availing himself of benefit of inventory.
803. Art. 714 Limitation of commencement or cessation of institution of heir.
804. Art. 715 Disposition on condition of mutual benefit, is null.
805. Art. 716 Disposition depending upon an uncertain event.
806. Art. 717 Condition suspending the execution of the disposition.
807. Art. 718 Where heir or legatee is bound to give security for fulfilment of condition.
808. Art. 719 Person charged with delivery of conditional legacy must give security.
809. Art. 720 Appointment of administrator in certain cases.
810. Art. 721 Right to receive pure and simple legacy, transmissible to heirs of legatee.
811. Art. 722 Ruleastoselection of thing, where legacy is in respect ofanindeterminate thing.
812. Art. 723 Where a right of selection is left to the legatee.
813. Art. 724 Right of selection in alternative legacies.
814. Art. 725 When right of selection passes to heir of heir or legatee.
815. Art. 726 Legatee to demand of heir delivery of thing bequeathed.
816. Art. 727 Fruits of or interest on legacy.
817. Art. 728 When fruits or interest accrue in favour of legatee, immediately on death of testator.
818. Art. 729 Legacy of life annuity or pension.
819. Art. 730 When subject of legacy is a determinate quantity to be deliveredor paid fixed periods.
820. Art. 731 Thing bequeathed to be delivered with accessories.
821. Art. 732 Where thing bequeathed is charged with a right of usufruct, etc.
822. Art. 733 Expense for delivery of legacy.
823. Art. 734 By whom legacy is to be paid.
824. Art. 735 Where one of the heirsisparticularly charged with the payment of the legacy.
825. Art. 736 Testator may declare pension or usufruct not subject to attachment.
826. Art. 737 Right of accretion.
827. Art. 738 Institution or legacy deemed to be made conjointly if it depends upon one and the same disposition, etc.
828. Art. 739 Legacy is also deemed tobe made conjointly if thing bequeathed is not divisible.
829. Art. 740 Co-heir or co- legatee may not refuse accrued share unless he renounces original share.
830. Art. 741 Vesting of vacant portion of inheritance or legacy, when accretion does not take place.
831. Art. 742 Where usufruct is bequeathed to two or more persons conjointly.
832. Art. 743 Alienation by testator of thing bequeathed operates as a revocation of legacy.
833. Art. 744 Where thing bequeathed perishes.
834. Art. 745 Effect of testamentary disposition in case of predecease of person benefited.
835. Art. 746 Where heir or a legatee renounces disposition.
836. Art. 747 Testator can make provision for the existence or birth of children, etc.
837. Art. 748 Where children or descendants are passed over.
838. Art. 749 Right of children born after the making of the will.
839. Art. 751 Substitutio vulgaris.
840. Art. 752 Substitution in the case of minors, of persons with a mental disorder or other condition, which renders them incapable of managing their own affairs, or insane persons.
841. Art. 753 Substitution of several persons in the place of one, or vice versa.
842. Art. 754 Where in the substitution clause only one of the two contingencies is stated.
843. Art. 755 Performance of obligations by substitutes.
844. Art. 756 Proportion of shares in case of reciprocal substitution of heirs or legatees taking unequally among themselves.
845. Art. 757 Prohibition of entails. Cap. 12.
846. Art. 758 Provision restraining heir or legatee from alienating or from disposing by will, to be ineffectual.
847. Art. 759 Where usufruct is left to one person and ownership to another.
848. Art. 760 Disposition under condition that cannot be fulfilled beforedeathofheir or legatee.
849. Art. 761 When annuities or other burdens in favour of more persons successively are permitted.
850. Art. 762 Appointment of executors by testator.
851. Art. 763 Who may be executor.
852. Art. 764 Minor.
853. Art. 765 Executor cannot intermeddle with estate before confirmation.
854. Art. 766 Recognizancetobe entered into by executor.
855. Art. 767 Inventory.
856. Art. 768 Executorcannotbe exempted from rendering account.
857. Art. 769 Powersofexecutor pending procedure in confirmation.
858. Art. 770 Fee payable to executor.
859. Art. 771 Power of executor to sell property.
860. Art. 772 Heir may prevent sale.
861. Art. 773 Office of executor not to descend to heirs.
862. Art. 774 More executors to act conjointly.
863. Art. 775 Expenses incurred by executor to be borne by estate.
864. Art. 776 Executor may renounce office.
865. Art. 777 Power of court when two or more executors are appointed.
866. Art. 778 Death, etc. of only executor - nominate or of all executors - nominate.
867. Art. 779 Opening of secret will. Cap. 12.
868. Art. 780 Applicability of s.779 to cases of long absence of testator, etc.
869. Art. 781 Power of revoking will cannot be waived.
870. Art. 782 Will may be revoked by subsequent will or notarial instrument.
871. Art. 783 Implied revocation of secret will.
872. Art. 784 Will if null cannot revoke previous will.
873. Art. 785 Revival of revoked disposition.
874. Art. 786 Implied revocation by subsequent contrary dispositions.
875. Art. 787 Revocation to subsist, although subsequent will lapses.
876. Sub-title II
877. Art. 788 When intestate succession takes place.
878. Art. 789 Personssucceeding ab intestato.
879. Art. 790 Rules regarding succession among relations.
880. Art. 791 How proximity or relationship is determined.
881. Art. 792 Direct line. Collateral line.
882. Art. 793 Direct line may be descending or ascending.
883. Art. 794 Computation of degrees in the direct line.
884. Art. 795 Computation of degrees in collateral line.
885. Art. 796 Persons incapable or unworthy of succeeding ab intestato.
886. Art. 797 Other persons so incapable.
887. Art. 798 Applicability of arts. 606 and 607.
888. Art. 799 Children or descendants of persons excluded as unworthy.
889. Art. 800 Members of monastic orders.
890. Art. 801 Rule of representation,
891. Art. 802 in the descending direct line.
892. Art. 803 Representation does not take place between ascendants.
893. Art. 804 Representation in collateral line.
894. Art. 805 Partition per stirpes and per capita.
895. Art. 806 No representation of persons who are alive.
896. Art. 807 Representation of person whose estate has been renounced.
897. Art. 808 Where deceased is survived by descendants and spouse.
898. Art. 809 Where deceased is survived by descendants but not by spouse.
899. Art. 810 Where the deceased is not survived by descendants but is survived by spouse.
900. Art. 811 Succession by children and descendants.
901. Art. 812 When deceased leaves no descendants nor a spouse.
902. Art. 813 Direct collaterals.
903. Art. 814 Succession by other collaterals.
904. Art. 815 Where persons conceivedandborn out of wedlock succeed with certain other persons.
905. Art. 816 Rights of succession competent to the Government of Malta.
906. Art. 819 Rule as to right of succession of illegitimate children, legitimated or acknowledged.
907. Art. 822 Illegitimate children have no right over property of relations of their parents. Succession to property of illegitimate child dyingwithoutissue or spouse. Succession to property of illegitimate child dying without issue, but survived by spouse. Rights competent tosurvivingspouse by person leaving ch
908. Sub-title III
909. Art. 831 Succession opens at death.
910. Art. 832 Where people die in a common calamity.
911. Art. 836 Seisin of heirs.
912. Art. 837 Where a part only of the inheritance is disposed of.
913. Art. 838 Where person claiming rights over property of inheritance, has taken possession thereof.
914. Art. 839 Share due to person conceived and born out of wedlock may be paid in kind.
915. Art. 845 Limitation of action for demanding inheritance, etc.
916. Art. 846 No person bound to accept inheritance.
917. Art. 847 Inheritance may be accepted unconditionally or under benefit of inventory.
918. Art. 848 Persons subject to tutorship, etc.
919. Art. 849 Retrospective effect of acceptance of inheritance.
920. Art. 850 Acceptancemaybe express or implied.
921. Art. 851 Effects of judicial declaration as to status of heir.
922. Art. 852 Acts not implying acceptance.
923. Art. 853 Acts implying acceptance.
924. Art. 854 When renunciation of one co-heir in favour of other co- heirs does not imply acceptance of inheritance.
925. Art. 855 Where heirs do not agree as to accepting or renouncing an inheritance.
926. Art. 856 Right of acceptance transmissible to heirs.
927. Art. 857 Rights of such heirs.
928. Art. 858 When acceptance may be impeached.
929. Art. 859 Periodoflimitation as to right of accepting vacant inheritance.
930. Art. 860 Renunciationisnot presumed.
931. Art. 861 Heir renouncing testate succession forfeits right to intestate succession.
932. Art. 862 Heir renouncing inheritance may claim legacy.
933. Art. 863 Devolution of share of person renouncing, in intestate succession.
934. Art. 864 No person may take as representative of person renouncing.
935. Art. 865 Devolution of share of person renouncing, in testate succession.
936. Art. 866 Creditors of renouncing heir may accept in his stead.
937. Art. 867 Renouncing heir may still accept vacant inheritance.
938. Art. 868 Heir may be compelled to declare whether he accepts or refuses.
939. Art. 869 Heir having actual possession cannot renounce inheritance after lapse of three months.
940. Art. 870 Heir misappropriating property of inheritance forfeits rights of renouncing inheritance.
941. Art. 871 Renunciation of inheritance of a person living, is null.
942. Art. 872 Renunciation of inheritance by person entering into a monastic order, to be absolute,
943. Art. 873 except with regard to the power of reserving a life annuity.
944. Art. 874 Renunciation by minor on entering into a religious order.
945. Art. 875 Effect of renunciation.
946. Art. 876 Annulment of vows brings about the annulment of the renunciation.
947. Art. 877 Nullity of testamentary disposition restraining heir fromenteringupon inventory.
948. Art. 878 Declaration of intentiontoassume status of heir under benefit of inventory.
949. Art. 879 Declaration to be preceded or followed by inventory. Cap. 12.
950. Art. 880 Disagreement among heirs as to entering upon inventory.
951. Art. 881 Heir having actual possession of property of inheritance to make up inventory within three months.
952. Art. 882 Heir failing to commence or completeinventory within prescribed time to be deemed to have accepted inheritancewithout benefit of inventory.
953. Art. 883 Time for deliberating after inventory is completed.
954. Art. 884 Running of time with regard to heir not having actual possession of property of inheritance.
955. Art. 885 Minors and persons interdicted.
956. Art. 886 Pending inventory, heir is considered as curator of inheritance.
957. Art. 887 Heir may obtain leave to sell hereditaryproperty which cannot be preserved.
958. Art. 888 Expenses incurred before renunciation.
959. Art. 889 Fraudulent omission of property in inventory.
960. Art. 890 Effect of inventory.
961. Art. 891 Duties of heir who enters upon inventory.
962. Art. 892 Extent of liability of heir who enters upon inventory.
963. Art. 893 Time within which to render account.
964. Art. 894 When heir entitled to reserved portion neglects to make up inventory.
965. Art. 895 Security to be given by heir who enters upon inventory.
966. Art. 896 Payment to certain creditors before legatees.
967. Art. 897 Payment to other creditors and legatees.
968. Art. 898 Payment of registered debts to bemadeinorderof priority.
969. Art. 899 Remedy available to creditor prejudiced by payment made by heir.
970. Art. 900 Right of creditors appearing after the whole of the estate has been paid out.
971. Art. 901 Exercise of hypothecary action.
972. Art. 902 Expenses of inventory and accounts.
973. Art. 903 When inheritance is deemed to be vacant. Cap. 12.
974. Art. 904 Duties of curator.
975. Art. 905 Provisionsof s.904 not to apply to curators on the rota. Cap. 12.
976. Art. 906 Partition of inheritance may be demanded at any time. Cases in which it may be restrained or suspended.
977. Art. 907 Rules governing partition.
978. Art. 908 Appointment of person to make up shares, etc.
979. Art. 909 Presumption of the pre-existence of property in case of a second or subsequent marriage. Cap. 12.
980. Art. 910 Collation due by co-heirs.
981. Art. 911 Formation of equal shares.
982. Art. 912 Assignee of portion of inheritance may be excluded from partition by co- heirs.
983. Art. 913 Children or descendants are bound to collate in favour of other children or descendants.
984. Art. 914 Exemption from collation.
985. Art. 915 Where donation exceeds disposable portion, the excess is subject to collation.
986. Art. 916 Heir renouncing succession may retain donation.
987. Art. 917 Where doneeisnot the heir presumptive at the time of the donation.
988. Art. 918 Donations to descendant of heir are exempt from collation.
989. Art. 919 Descendant succeeding in his own right not bound to collate donations made to ascendant.
990. Art. 920 Donations made to spouse of heir.
991. Art. 921 Collation due to inheritance of donor.
992. Art. 922 What is subject to collation.
993. Art. 923 Things left by will not subject to collation.
994. Art. 924 Maintenance expenses, etc., not subject to collation.
995. Art. 925 Profits derived from agreements with deceased.
996. Art. 926 Special partnerships entered into between deceased and heir.
997. Art. 928 Fruits, etc., of things liable to collation.
998. Art. 929 Pensions or annuities paid or due, not subject to collation.
999. Art. 930 Legatees or creditors cannot demand collation.
1000. Art. 931 How collation is made.
1001. Art. 932 Cost of improvements. Where donee alienates immovable property.
1002. Art. 934 Where donation exceeds disposable portion.
1003. Art. 938 Where heir, etc., entitled to reserved portion demands abatement of gifts made to others.
1004. Art. 939 How co-heirs contribute to payment of debts.
1005. Art. 940 Each heir is bound ratably with respect to creditors.
1006. Art. 941 Extent of right of relief exercisable against co-heirs by heir who pays the whole debt.
1007. Art. 942 Insolvency of co-heir.
1008. Art. 943 Separation of estates.
1009. Art. 944 Legatee not liable for hereditary debts.
1010. Art. 945 Legatee discharging debt subrogated to the rights of creditor.
1011. Art. 946 After partition, co- heir is deemed to be sole and direct successor to propertycomprised in his share.
1012. Art. 947 Co-heirs are mutually warrantors in respect of molestations and evictions.
1013. Art. 948 Warranty may be excluded.
1014. Art. 949 Effects of warranty.
1015. Art. 950 Warranty in regard to debts.
1016. Art. 951 Warranty in regard to solvency of debtor of annuity limited to five years.
1017. Art. 952 No warranty against insolvency which occurs after partition.
1018. Art. 953 Parents may divide their property among their children.
1019. Art. 954 Partition may be made by will or by an instrument inter vivos.
1020. Art. 955 Property not included in partition to be divided according to law.
1021. Art. 956 Partition is null if not made among all the children.
1022. Art. 957 When partition may be impeached.
1023. Art. 958 Nullity of partition does not invalidate dispositions.
1024. Art. 958A Interpretation.
1025. Art. 958B Applicability.
1026. Art. 958C Competent court.
1027. Art. 958D Competent authorities for the issueofaEuropean Certificate of Succession.
1028. Art. 958E Competence.
1029. Art. 958F Registration of application.
1030. Art. 958G Interested parties.
1031. Art. 958H Examination of application.
1032. Art. 958I Preservation and registration of application and Certificate.
1033. Art. 958J Certified copies of the European Certificate of Succession.
1034. Art. 958K Challenging of decision of issuing authority.
1035. Title IIIA
1036. Art. 958L Trusts and applicable rules.
1037. Art. 958M Limitation on rightsofenjoyment of benefit.
1038. Art. 958N Persons unworthy of receiving under trusts.
1039. Art. 958O Application of rules to donations and settlements.
1040. Art. 958P Trust property subject to collation.
1041. Art. 958Q Trustees and testamentary executors.
1042. Art. 958R Property in Malta, Maltese or foreign trust, foreign domiciliary.
1043. Art. 958S Non-applicability of right of redemption.
1044. Art. 958T Limitation of applicability of articles 1000 and 1001.
1045. Art. 958U Non-applicability of article 1483.
1046. Art. 959 Sources of obligations.
1047. Sub-title I
1048. Art. 960 Definition of contract.
1049. Art. 961 Contract may be bilateral or unilateral,
1050. Art. 962 onerous or gratuitous,
1051. Art. 963 commutative,
1052. Art. 964 aleatory.
1053. Art. 965 Rules governing contracts.
1054. Art. 966 Requisites of contracts.
1055. Art. 967 Capacityofparties.
1056. Art. 968 Persons not having the use of reason.
1057. Art. 969 Persons who have notattainedtheage of fourteen years.
1058. Art. 970 Persons who have attained the age of fourteen years but have not attained the age of eighteen years, if subject to parental authority, etc.,
1059. Art. 971 if not subject to parental authority.
1060. Art. 971A Minor over sixteen (16) years may open and operate an account with a credit institution or a financial institution.
1061. Art. 972 Persons interdicted. Cap. 12.
1062. Art. 973 Nullity may not be set up by person capable of contracting.
1063. Art. 974 Consent.
1064. Art. 975 Error of law.
1065. Art. 976 Error of fact.
1066. Art. 977 Violence.
1067. Art. 978 When consent is considered extorted by violence.
1068. Art. 979 Where violence is practised on spouse, etc., of contracting party.
1069. Art. 980 Reverential fear.
1070. Art. 981 Fraud.
1071. Art. 982 Subject-matter of contracts.
1072. Art. 983 Subject of obligation must be a determinate thing.
1073. Art. 984 Future things may be the subject of contracts.
1074. Art. 985 Impossible or illegal things.
1075. Art. 986 Champerty.
1076. Art. 987 Want or illegality of consideration.
1077. Art. 988 Consideration may beprovedalthough it is not stated.
1078. Art. 989 Where stated consideration is false.
1079. Art. 990 Unlawful consideration.
1080. Art. 991 Where consideration is unlawful in regard to obligee or to both the obligor and the obligee.
1081. Art. 992 Effects of contracts.
1082. Art. 993 Contracts to be carried out in good faith.
1083. Art. 994 Effects of contract where thing alienated is certain and determinate.
1084. Art. 995 Where thing alienated is uncertain or indeterminate.
1085. Art. 996 Effectsofcontracts in regard to third parties.
1086. Art. 997 Where a movable thing is promised, by successive agreements, to two or more persons.
1087. Art. 998 Contracting party is presumed to stipulate for himself, his heirs, etc.
1088. Art. 999 Person contracting in his own name cannot bind any one but himself, but can bind himself to performance by third party.
1089. Art. 1000 When person may stipulate for the benefit of a third party.
1090. Art. 1001 Contracts to be operative only as between contracting parties.
1091. Art. 1002 No interpretation where meaning of words is clear.
1092. Art. 1003 Where literal meaning differs from intention of parties.
1093. Art. 1004 When clause is susceptible of two meanings.
1094. Art. 1005 Words susceptible of two meanings.
1095. Art. 1006 Ambiguity.
1096. Art. 1007 Customary clauses.
1097. Art. 1008 Clauses to be interpreted with reference to one another.
1098. Art. 1009 Doubtful cases.
1099. Art. 1010 General terms.
1100. Art. 1011 When a case is specified for the purpose of explaining an agreement.
1101. Sub-title II
1102. Art. 1012 Definition.
1103. Art. 1013 Duties of negotiorum gestor.
1104. Art. 1014 Death of interested party before completion of business.
1105. Art. 1015 Standard of diligence.
1106. Art. 1016 Caseswherehigher standard of diligence is required.
1107. Art. 1017 Power of court to mitigate damages.
1108. Art. 1018 Duties of party interested.
1109. Art. 1019 Where agent believed that he was managing his own affairs.
1110. Art. 1020 Agent not entitled to indemnity if he acts against prohibition of interested party.
1111. Art. 1021 Restoration of thing received without being due.
1112. Art. 1022 Where debt is paid by mistake.
1113. Art. 1023 Restoration of capital and interest if payee was in bad faith.
1114. Art. 1024 Restoration of thing unduly received.
1115. Art. 1025 Where thing unduly received is no longer in the possession of the party receiving it.
1116. Art. 1026 Applicability of ss.540 to 545 and 547.
1117. Art. 1027 Limitation of action for recovery of what has been unduly given.
1118. Art. 1028 Payer by mistake cannot recover from third party.
1119. Art. 1028A Enrichment to the detriment of others. Actio de in rem verso.
1120. Art. 1028B Where the actio de in rem verso may not be exercised.
1121. Art. 1029 Fortuitous damage.
1122. Art. 1030 Proper use of one’s right.
1123. Art. 1031 Liability for damage caused through one’s fault.
1124. Art. 1032 When a person is deemed to be in fault.
1125. Art. 1033 Culpable negligence.
1126. Art. 1033A Exemption in the case of rescue or assistance.
1127. Art. 1034 Liability of person having charge of minor or person with a mental disorder or other condition, which renders him incapable of managing his own affairs.
1128. Art. 1035 Damage caused by childrenundernine years, etc.
1129. Art. 1036 Power of court to order damage to be made good out of property of minor, etc.
1130. Art. 1037 Employment of incompetent person.
1131. Art. 1038 Persons undertaking work without necessary skill.
1132. Art. 1039 Liability of hotel- keepers.
1133. Art. 1040 Liability of owner of animal.
1134. Art. 1041 Liability of owner of building.
1135. Art. 1042 Rule as to liability of occupier of building in case of damage caused by the fall of a thing.
1136. Art. 1043 Intoxication.
1137. Art. 1044 Aiders or abettors.
1138. Art. 1045 Measure of damages.
1139. Title VIII of Part II of Book First of the said Code, up to a maximum
1140. Art. 1046 Damages to heirs of deceased party.
1141. Art. 1047 Where damage consists in deprivingpersonof use of his own money.
1142. Art. 1048 Right of relief against party causing damage.
1143. Art. 1049 Joint and several liability where damage is caused maliciously.
1144. Art. 1050 Where part of damage caused by each of several persons cannot be ascertained. Cap. 12.
1145. Art. 1051 Contribution to damage by party injured.
1146. Art. 1051A Civil remedies in cases of corruption.
1147. Sub-title III
1148. Art. 1052 Definition of conditional obligation.
1149. Art. 1053 Casual and potestative conditions.
1150. Art. 1054 Condition contrary to morality, etc.
1151. Art. 1055 Effect of condition to forbear to do an impossible thing, etc.
1152. Art. 1056 Obligationisnull contracted under condition depending solely upon obligor.
1153. Art. 1057 Condition to be fulfilled according to the intention of the parties.
1154. Art. 1058 Where obligation is contracted on condition that an event shall happen within a certain time.
1155. Art. 1059 Where obligation is contracted on condition that an event shall not happen within a certain time.
1156. Art. 1060 When a condition is deemed to be fulfilled.
1157. Art. 1061 Retroactive effect of condition.
1158. Art. 1062 Creditor may secure his rights before condition is fulfilled.
1159. Art. 1063 Definition of suspensive condition.
1160. Art. 1064 Where thing perishes or deteriorates before fulfilment of condition.
1161. Art. 1065 Where obligation is contingent on event which has already taken place.
1162. Art. 1066 Definition of resolutive condition.
1163. Art. 1067 Effect of express resolutive condition.
1164. Art. 1068 Resolutive condition is implied in bilateral contracts.
1165. Art. 1069 Rights of creditor in an undischarged obligation.
1166. Art. 1070 Time for performance of obligation.
1167. Art. 1071 Time does not suspend obligation.
1168. Art. 1072 Thing may not be claimed before expiration of time.
1169. Art. 1073 Time to be presumed stipulatedinfavour of debtor.
1170. Art. 1074 Computation of time.
1171. Art. 1075 not to Dies a quo be computed.
1172. Art. 1076 Public holidays.
1173. Art. 1077 Where no time is fixed for performance of obligation.
1174. Art. 1078 Where time for performance of obligation is left to the will of the debtor.
1175. Art. 1079 When debtor cannot claim benefit of time.
1176. Art. 1080 How alternative obligation is discharged.
1177. Art. 1081 Option granted to debtor.
1178. Art. 1082 Where party entitled to option fails to exercise it.
1179. Art. 1083 Where one of two things promised could not form the subject of an obligation,
1180. Art. 1084 or perishes.
1181. Art. 1085 When right of option is competent to creditor.
1182. Art. 1086 Where both things perish without the fault of the debtor.
1183. Art. 1087 Where alternative obligation includes more than two things.
1184. Art. 1088 Definition of potestative obligation.
1185. Art. 1089 Obligation not to be presumed to be in solidum.
1186. Art. 1090 Obligation in in favour solidum of several creditors.
1187. Art. 1091 Option of debtor to pay any one of the joint and several creditors.
1188. Art. 1092 Interruption and suspension of prescription.
1189. Art. 1093 Effect of remission by one of the joint and several creditors.
1190. Art. 1094 Joint and several debtors.
1191. Art. 1095 Obligation may be joint and several even though debtors are differently bound.
1192. Art. 1096 Creditor may sue any of the joint and several debtors.
1193. Art. 1097 Judicial demand against one of the debtors in solidum does not bar a similar demand against any of the others.
1194. Art. 1098 Demand for payment of interest.
1195. Art. 1099 Pleas which may be set up by joint and several debtors.
1196. Art. 1100 Interruption of prescription.
1197. Art. 1101 Acknowledge- ment of debt by one of the heirs of the joint and several debtors.
1198. Art. 1102 Where thing perishes through the fault of one or moreofthedebtors in solidum.
1199. Art. 1103 Where one of the debtors becomes the heir of the creditor, etc.
1200. Art. 1104 Where creditor consents to the divisionofthe debt in favour of one of the debtors.
1201. Art. 1105 Where creditor receives part- payments.
1202. Art. 1106 Debtors among themselves bound ratably.
1203. Art. 1107 Co-debtor discharging debt may only claim from the other co- debtors their respective shares.
1204. Art. 1108 Where creditor discharges one of the co-debtors from his joint and several liability.
1205. Art. 1109 Where subject- matter of joint and several liability concernsoneofthe co-debtors only.
1206. Art. 1110 Divisible obligation.
1207. Art. 1111 Indivisible obligation.
1208. Art. 1112 Joint and several obligation does not imply indivisibility.
1209. Art. 1113 How divisible obligation is performed as between creditor and debtor.
1210. Art. 1114 When rule of divisibility does not apply to heirs of debtor.
1211. Art. 1115 Liability of obligors under an indivisible obligation.
1212. Art. 1116 Rights of heirs of creditor in an indivisible obligation.
1213. Art. 1117 Right of co-heir of debtor to demand that the other co- heirs be made parties to the suit.
1214. Art. 1118 Definition of penalty clause.
1215. Art. 1119 Effectsofnullityof principal obligation and of penalty clause.
1216. Art. 1120 Penalty to represent compensation for damages.
1217. Art. 1121 When penalty becomes due.
1218. Art. 1122 Abatement or mitigation of penalty.
1219. Art. 1123 Penalty clause in indivisible obligation.
1220. Art. 1124 Penalty clause in divisible obligation.
1221. Art. 1124A Fiduciary obligations.
1222. Art. 1124B Dealings with third parties aware of fiduciary obligations.
1223. Art. 1124C Property subject to fiduciary obligations and ownership.
1224. Art. 1124D Retirement of a fiduciary and appointment of his successor.
1225. Art. 1124E Fiduciary action.
1226. Art. 1124F Prescription.
1227. Art. 1124G Fiduciary obligations towards a purpose.
1228. Art. 1124H Obligations of the beneficiary towards the fiduciary.
1229. Art. 1124I Directionsfromthe Court.
1230. Art. 1124J Applicabilityofthe provisions of this Title.
1231. Sub-title IV
1232. Art. 1125 Liability in case of non-fulfilment of obligation.
1233. Art. 1126 Obligation to give a thing includes obligation to preserve and deliver.
1234. Art. 1127 Non-performance of an obligation to do.
1235. Art. 1128 Infringement of obligation to forbear to do.
1236. Art. 1129 Rights of creditor whereobligation forbear to do is infringed.
1237. Art. 1130 When debtor is in default.
1238. Art. 1131 Liability for damages when time for performance of an obligation to give or to do expires.
1239. Art. 1132 Degree of diligence required in the performance of an obligation.
1240. Art. 1133 Liability for damages in case of non-performance.
1241. Art. 1134 No liability where non-performance was due to irresistible force.
1242. Art. 1135 Damages payable to creditor.
1243. Art. 1136 Debtor liable only for damages which were or could have been foreseen.
1244. Art. 1137 Damages remote and contingent not recoverable.
1245. Art. 1138 Where agreement fixes sum payable as damages.
1246. Art. 1139 Damages payable where obligation consists in the payment of a sum of money.
1247. Art. 1140 Interest is due without necessity of proof of loss.
1248. Art. 1141 From what day interest is due.
1249. Art. 1142 Compound interest.
1250. Art. 1143 Actio debitor debitoris mei.
1251. Art. 1144 Actio Pauliana. Cap. 12.
1252. Sub-title V
1253. Art. 1145 How obligations are extinguished.
1254. Art. 1146 Definition of payment.
1255. Art. 1147 Payment implies debt.
1256. Art. 1148 By whom payment may be made.
1257. Art. 1149 Creditor cannot refuse payment by third party.
1258. Art. 1150 Where payment transfers the property of the thing.
1259. Art. 1151 Annulment of payment made by personincapableof alienating.
1260. Art. 1152 To whom payment must be made.
1261. Art. 1153 Payment made in good faith to person in possession of debt.
1262. Art. 1154 When payment made to creditor incapable of , receiving it is valid.
1263. Art. 1155 Payment by debtor in contravention of garnishee order, etc.
1264. Art. 1156 Creditor cannot be compelled to receive a different , thing or a part- payment.
1265. Art. 1157 Delivery of a certain and determinate thing.
1266. Art. 1158 Delivery of thing determinateonly to its species.
1267. Art. 1159 Where payment is to be made.
1268. Art. 1160 Presumption of payment in the , case of rent interest or other periodical payments.
1269. Art. 1161 Presumption of payment in other cases.
1270. Art. 1162 Inapplicability of presumption.
1271. Art. 1163 Expenses relating to payment.
1272. Art. 1164 Where payer is subrogated to rights of creditor.
1273. Art. 1165 Subrogation by agreement.
1274. Art. 1166 Subrogation by operation of law.
1275. Art. 1167 Subrogation takes place both against sureties and debtors.
1276. Art. 1168 Debtor may apply payment to the discharge of a particular debt.
1277. Art. 1169 Debt bearing interest.
1278. Art. 1170 Where debtor accepts receipt containing appropriationmade by creditor.
1279. Art. 1171 Rules as to appropriation of payments.
1280. Art. 1172 Rules as to appropriation where creditor obtainspaymentby causing sale of thing charged with debt.
1281. Art. 1173 When debtor can deposit sum or thing due. Cap. 12.
1282. Art. 1174 Deposit to be precededbyrefusal of valid tender.
1283. Art. 1175 Conditions of a valid tender.
1284. Art. 1176 When deposit may be withdrawn.
1285. Art. 1177 Where debtor has obtained a judgement declaring deposit to be valid.
1286. Art. 1178 Where creditor consents to withdrawal of deposit declared valid.
1287. Art. 1178A Deposit of money due where a judgment orders payment to multiple creditors.
1288. Art. 1179 When novation takes place.
1289. Art. 1180 By whom novation can be made.
1290. Art. 1181 , No novation unless former obligation is extinguished.
1291. Art. 1182 Acceptance of securities in consideration of a former debt does not produce novation.
1292. Art. 1183 When delegation does not operate as novation.
1293. Art. 1184 Insolvency of person delegated.
1294. Art. 1185 Privileges, etc. securing former debt not to extend to substituted debt.
1295. Art. 1186 Property of new debtor not affected by original , privileges etc.
1296. Art. 1187 Novation between creditor and one of the joint and several debtors.
1297. Art. 1188 Effects thereof.
1298. Art. 1189 Pleas which may be set up by the delegated debtor against his new creditor.
1299. Art. 1190 Remission in case of joint and several debts.
1300. Art. 1191 Effects of remissioninregard to the surety.
1301. Art. 1192 Creditor to deduct from debt anything received from surety as consideration for release.
1302. Art. 1193 When surrender of instrumentcreating debt implies release.
1303. Art. 1194 Absence of reservation of a debt in an acquittance relating to another debt.
1304. Art. 1195 Surrender of pledge.
1305. Art. 1196 When set-off takes place.
1306. Art. 1197 Between which debts set-off takes place.
1307. Art. 1198 Time for payment not to bar set-off.
1308. Art. 1199 When set-off does not take place.
1309. Art. 1200 Surety can plead set-off.
1310. Art. 1201 Where debtor acceptsassignment of debt.
1311. Art. 1202 Where same person owes several debts which may be set off.
1312. Art. 1203 Set-off does not affect rights of third party.
1313. Art. 1204 Payment of a debt which was extinguished by a set-off.
1314. Art. 1205 Whenmergertakes place.
1315. Art. 1206 Merger benefits surety.
1316. Art. 1207 When loss of thing extinguishes obligation.
1317. Art. 1208 Debtor to assign rights of action to creditor.
1318. Art. 1209 Effects of rescission.
1319. Art. 1210 Rescission to operate against third parties.
1320. Art. 1211 When rescission is demanded in respect of a part only of the instrument.
1321. Art. 1212 Grounds of rescission.
1322. Art. 1213 Rescission on the ground of lesion.
1323. Art. 1214 Minors.
1324. Art. 1215 Other cases of lesion in the case of minors.
1325. Art. 1216 Where both contracting parties are minors.
1326. Art. 1217 Where minor declares that he is of age.
1327. Art. 1218 Cases where minors cannot demandrescission except where such right would be competent to majors. Cap. 13.
1328. Art. 1219 Where minors are considered as being of age.
1329. Art. 1220 Disability to contract in cases of tort or quasi-tort.
1330. Art. 1221 Extent of reimbursement by minorsandpersons interdicted.
1331. Art. 1222 Limitation of rescissory action on the ground of , , violence error etc.
1332. Art. 1223 Day from which periodoflimitation begins to run.
1333. Art. 1224 Limitation of rescissoryactionin other cases.
1334. Art. 1225 Right of action passes to heirs.
1335. Art. 1226 Plea of nullity.
1336. Art. 1227 Affirmation or ratification of obligation.
1337. Art. 1228 When affirmation or ratification implies waiver of rescissory action.
1338. Art. 1229 Affirmation or ratification may take place tacitly.
1339. Art. 1230 Affirmation or ratification of act which the law expressly annuls for want of formalities.
1340. Art. 1231 Affirmation or ratification of donation or testamentary disposition.
1341. Sub-title VI
1342. Art. 1232 Proof of obligations and their extinguishment.
1343. Art. 1233 Transactionswhich must be expressed in public deed or private writing.
1344. Art. 1234 Presumption of law.
1345. Art. 1235 Admissibility or otherwise of evidence to rebut presumption.
1346. Title V
1347. Art. 1236 Marriagecontracts.
1348. Art. 1237 Parties may enter into other agreements not , contrary to morals etc.
1349. Art. 1238 Certainagreements may not be made.
1350. Art. 1239 Agreements may not be made in derogation of legal order of succession.
1351. Art. 1240 Validity of certain promises made in marriagecontracts.
1352. Art. 1242 Person under disability to contract.
1353. Art. 1243 Variation of marriage contract before marriage.
1354. Art. 1244 Post-nuptial agreements.
1355. Art. 1245 Marriage contracts to be expressed in public deed,
1356. Art. 1246 and registered in Public Registry.
1357. Art. 1247 Notary to draw up note of reference. Cap. 55.
1358. Sub-title I
1359. Art. 1248 Abolition of institutes. Repealed by: XXI.1993.81. Repealed by: XXI.1993.81. Repealed by: XXI.1993.81. Repealed by: XXI.1993.81.
1360. Sub-title III*
1361. Art. 1316 Marriage produces community of acquests.
1362. Art. 1317 Community of acquests may be established after marriage.
1363. Art. 1318 Provisionsmaynot be derogated from.
1364. Art. 1319 When community begins and terminates.
1365. Art. 1320 Assets of community of acquests.
1366. Art. 1321 Presumption with regard to acquests.
1367. Art. 1322 Administration of the community of acquests.
1368. Art. 1323 Refusal or absence of consent.
1369. Art. 1324 Administration of , , trade business etc.
1370. Art. 1325 Exclusion of a spouse from the administration of the community.
1371. Art. 1326 Acts performed without the necessary consent.
1372. Art. 1327 Debts chargeable to the community.
1373. Art. 1328 Creditors of a particular spouse.
1374. Art. 1329 Obligations separately contracted by either spouse.
1375. Art. 1330 Where paraphernal property is subject to the debts of the community.
1376. Art. 1331 Reimbursement and restitution.
1377. Art. 1332 Judicial separation of property.
1378. Art. 1333 Partition of the community.
1379. Sub-title IV*
1380. Art. 1334 Definition of paraphernal property.
1381. Art. 1335 Where a spouse appoints other spouse as agent.
1382. Art. 1336 Where a spouse enjoys property without authority or with authority but without condition of accounting for fruit.
1383. Art. 1337 Where spouse enjoys property in spite of opposition.
1384. Sub-title V
1385. Art. 1338 Community of residue under separate administration.
1386. Art. 1339 How acquisitions are registered.
1387. Art. 1340 Termination of community of residue under separate administration.
1388. Art. 1341 Calculation of residue.
1389. Art. 1342 Where debt is not paraphernal.
1390. Art. 1343 Rights of third parties.
1391. Art. 1344 Gratuitous alienations.
1392. Art. 1345 Acts performed with intention to defraud.
1393. Sub-title 1
1394. Art. 1346 Definition of contract of sale.
1395. Art. 1347 Completion of sale.
1396. Art. 1348 Sale of things by weight, etc.
1397. Art. 1349 Sale of things in bulk.
1398. Art. 1350 Definition of sale in bulk or by weight, etc.
1399. Art. 1351 When things are to be tasted or tried.
1400. Art. 1351A Ships and aircraft.
1401. Art. 1352 Price.
1402. Art. 1353 How price is fixed.
1403. Art. 1354 Where price is to be fixed by experts.
1404. Art. 1355 Where price is left to the decision of two or more persons.
1405. Art. 1356 Sale at current price.
1406. Art. 1357 Promise to sell.
1407. Art. 1358 Promise to sell at fair price.
1408. Art. 1359 , Promise to sell with earnest.
1409. Art. 1360 Provisions relating , to promise to sell applicable to promise to buy.
1410. Art. 1361 Expenses of sale. Cap. 12.
1411. Art. 1362 Brokerage.
1412. Art. 1363 Where sale or purchase is null.
1413. Art. 1364 Interpretation of doubtful provisions.
1414. Sub-title II
1415. Art. 1365 Persons who may buy or sell.
1416. Art. 1366 Contracts of sale between spouses.
1417. Art. 1367 Sale by auction of property of either spouse at the suit of creditors.
1418. Art. 1368 Other persons restrained from buying certain property.
1419. Art. 1369 Sale or assignment oflawsuits, etc., judges or magistrates.
1420. Sub-title III
1421. Art. 1370 Things which may be sold.
1422. Art. 1371 Future things.
1423. Art. 1372 Sale of things belonging to another person.
1424. Art. 1373 Sale of rights to succession of a living person.
1425. Art. 1374 Sale of rights concerning grants , etc. made for maintenance. Cap. 12.
1426. Art. 1375 Things perished at the time of contract.
1427. Art. 1376 Respective rights where buyer or seller knew that thing had perished.
1428. Art. 1377 Applicability of s.1376 where thing sold is extra , commercium etc.
1429. Sub-title IV
1430. Art. 1378 Obligations of seller.
1431. Art. 1379 Delivery of immovable property. Cap. 12.
1432. Art. 1380 Delivery of movable property.
1433. Art. 1381 Delivery of movable property by mere consent.
1434. Art. 1382 Delivery of incorporeal things.
1435. Art. 1383 Expenses of delivery.
1436. Art. 1384 Place of delivery.
1437. Art. 1385 Failure of seller to deliver.
1438. Art. 1386 Liability of seller for damages.
1439. Art. 1387 Goods arriving on a ship.
1440. Art. 1388 Failure to deliver goods arriving on named ship within time agreed upon.
1441. Art. 1389 Failure to deliver things which have , to be weighed counted or measured.
1442. Art. 1390 Things not according to stipulated quality or sample.
1443. Art. 1391 Payment and delivery are concurrent conditions.
1444. Art. 1392 Seller not bound to deliver if buyer has , become insolvent etc.
1445. Art. 1393 State in which thing is to be delivered.
1446. Art. 1394 Fruits due or collected.
1447. Art. 1395 Fructus pendentes.
1448. Art. 1396 Rent.
1449. Art. 1397 Freight of voyage.
1450. Art. 1398 Thing to be delivered with , accessories
1451. Art. 1399 in the quantity agreed upon.
1452. Art. 1400 Sale ad mensuram.
1453. Art. 1401 If quantity is found to be larger.
1454. Art. 1402 Saleotherwisethan ad mensuram.
1455. Art. 1403 Where increase of price is due.
1456. Art. 1404 , Duties of seller where buyer elects to repudiate contract.
1457. Art. 1405 Sale of two tenements by the same contract.
1458. Art. 1406 How increase or diminutionofprice is to be reckoned.
1459. Art. 1407 Limitation of action.
1460. Art. 1408 Warranty.
1461. Art. 1409 Implied warranty.
1462. Art. 1410 Special agreement. Liability of seller wherewarrantyhas been negatived. In case of eviction seller to return price.
1463. Art. 1413 Rights of buyer on , eviction when warranty is promised or implied.
1464. Art. 1414 Decrease in value of thing at time of eviction.
1465. Art. 1415 Increase in value.
1466. Art. 1416 Repayment of expenses.
1467. Art. 1417 Eviction from part of thing.
1468. Art. 1418 Valuation of part.
1469. Art. 1419 Warranty in regard to easements not declared.
1470. Art. 1420 , Rights of buyer where tenement is sold as free from easements or burdens.
1471. Art. 1421 Where buyer has prevented eviction by paying a sum of money.
1472. Art. 1422 Where buyer fails to make seller a party to the proceedings in eviction.
1473. Art. 1423 Limitation of actionforbreachof warranty.
1474. Art. 1424 Warrantyinrespect of latent defects.
1475. Art. 1425 Sellernotliablefor apparent defects.
1476. Art. 1426 Seller answerable for latent defects.
1477. Art. 1427 Actio redhibitoria and actio aestimatoria.
1478. Art. 1428 Where defect is in one of two or more things sold together.
1479. Art. 1429 Where defects were known or not to the seller.
1480. Art. 1430 Where defective thing perishes.
1481. Art. 1431 Limitation of action.
1482. Art. 1432 Actions not maintainable in case of judicial sales.
1483. Sub-title V
1484. Art. 1433 When and where price is to be paid.
1485. Art. 1434 When buyer is bound to pay interest.
1486. Art. 1435 When buyer is not bound to pay interest.
1487. Art. 1436 Where thing is capable of yielding fruits.
1488. Art. 1437 When purchaser may suspend payment of price.
1489. Art. 1438 When seller may demanddissolution of sale on ground of non-payment of price.
1490. Art. 1439 Rights of unpaid seller over the goods.
1491. Sub-title VI
1492. Art. 1440 Dissolution of contract of sale by redemption. Rescission of contract on the ground of lesion.
1493. Art. 1441 Right of redemption.
1494. Art. 1442 Action for redemption.
1495. Art. 1443 Duties of party exercising right of redemption.
1496. Art. 1444 Right to interest of party against whom redemption is exercised.
1497. Art. 1445 When right to interest ceases.
1498. Art. 1446 Restoration of fruits.
1499. Art. 1447 Fructus pendentes.
1500. Art. 1448 How right of redemption is exercised.
1501. Art. 1449 Deposit to be made by party exercising the right of redemption.
1502. Art. 1450 Time for deposit.
1503. Art. 1451 Default of deposit in whole or in part.
1504. Art. 1452 Party exercising rightofredemption may recede therefrom.
1505. Art. 1453 Re-sale to party exercising right of redemption.
1506. Art. 1454 Rights of parties.
1507. Art. 1455 Where thing is damaged in consequence of a fortuitous event.
1508. Art. 1456 Where thing is damaged by the defendant or any former possessor.
1509. Art. 1457 Times are peremptory.
1510. Art. 1458 Right of redemption.
1511. Art. 1459 Right of redemption may not be reserved for a period exceeding five years.
1512. Art. 1460 Right of redemption exercisable against third party in possession.
1513. Art. 1461 Rights of buyer under covenant of redemption.
1514. Art. 1462 Where buyer of an undivided portion of a tenement acquires the whole tenement.
1515. Art. 1463 Where sellers are , two or more redemption how exercisable.
1516. Art. 1464 Right of heirs of seller.
1517. Art. 1465 Rights of buyer against co-sellers or co-heirs.
1518. Art. 1466 In default of declaration by co- sellers or co-heirs buyer becomes irrevocably owner of whole tenement.
1519. Art. 1467 When each seller may exercise the rightofredemption separately.
1520. Art. 1468 Right of redemption against heirs of buyer.
1521. Sub-title VII
1522. Art. 1469 Assignment of debts, etc.
1523. Art. 1470 Assignment to be made in writing.
1524. Art. 1471 Notice to debtor.
1525. Art. 1472 Where no notice has been given.
1526. Art. 1473 Acknowledge- mentofassignment by debtor.
1527. Art. 1474 Assignmentofbills , of exchange etc.
1528. Art. 1475 Rights included in the assignment.
1529. Art. 1476 Warranty.
1530. Art. 1477 Solvency of debtor not included in warranty unless stipulated.
1531. Art. 1478 Duration of warranty of debtors’ solvency.
1532. Art. 1479 Cessation of warranty.
1533. Art. 1480 Assignee to proceed against debtor before proceeding against assignor.
1534. Art. 1481 Warrantyincaseof sale of inheritance.
1535. Art. 1482 Where seller is debtor to or creditor of inheritance.
1536. Art. 1483 Assignment of a litigious right.
1537. Art. 1484 Inapplicability of s.1483.
1538. Art. 1484A Factoring.
1539. Title VII
1540. Art. 1485 Definition of contract of exchange.
1541. Art. 1486 Supplement in money.
1542. Art. 1487 Rights of party to whom a supplement in money is due.
1543. Art. 1488 Exchange of movable for immovable.
1544. Art. 1489 When exchange is to be made by public deed.
1545. Art. 1490 When party to exchange may refuse to deliver thing.
1546. Art. 1491 Rights of party to exchangeincaseof eviction.
1547. Art. 1492 Expenses of contract of exchange. Cap. 12.
1548. Art. 1493 Rules of sale to apply to exchange.
1549. Title VIII
1550. Art. 1494 Definition of contract of emphyteusis.
1551. Art. 1495 By whom emphyteutical grants may be made.
1552. Art. 1496 Emphyteutical grant of tenements subject to entail. Cap. 12.
1553. Art. 1497 When grant is null.
1554. Art. 1498 When certain grants are to be deemed emphyteutical.
1555. Art. 1499 Parties may make stipulations not contrary to law.
1556. Art. 1500 Ground-rent unalterable.
1557. Art. 1501 Emphyteuta may redeem the ground- rent.
1558. Art. 1502 Divisibility of ground-rent.
1559. Art. 1503 Reimbursement of ground-rent to co- possessor.
1560. Art. 1504 Rights of emphyteuta over tenement.
1561. Art. 1505 Restoration of tenement in good state.
1562. Art. 1506 Improvements.
1563. Art. 1507 Obligations of emphyteuta.
1564. Art. 1508 Emphyteuta may dispose of tenement.
1565. Art. 1509 Emphyteuta not freed from his obligations unless alienee is acknowledged by dominus. Obligations of alienee even if not acknowledged.
1566. Art. 1510 When is dominus bound to acknowledge alienee.
1567. Art. 1511 When alienee is bound to acknowledge dominus.
1568. Art. 1512 Acknowledge- ment.
1569. Art. 1513 No right to fine unless agreed , upon etc.
1570. Art. 1514 Promise in relation to emphyteusis.
1571. Art. 1515 Where tenement perishes wholly or in part.
1572. Art. 1516 Burden of proof.
1573. Art. 1517 Dissolution of emphyteusis in case of arrears.
1574. Art. 1518 Where tenement has deteriorated.
1575. Art. 1519 Time for payment , of arrears etc.
1576. Art. 1520 Time for payment of arrears, etc., may be demanded by creditor of emphyteuta.
1577. Art. 1521 Cessation of temporary emphyteusis.
1578. Art. 1522 Effects of reversion.
1579. Art. 1523 When emphyteuta may claim compensation for improvement.
1580. Art. 1524 Contracts of emphyteusis made before 1st July, 1976.
1581. Title IX
1582. Art. 1525 Contract of letting and hiring may be madeverballyorin writing.
1583. Sub-title I
1584. Art. 1526 Definition of contract of letting and hiring of things.
1585. Art. 1527 Letting by co- possessor when voidable.
1586. Art. 1528 When board or court may grant authorization.
1587. Art. 1529 Rightofpreference of co-possessor.
1588. Art. 1530 Letting made by person possessing thing under entail , or in usufruct etc.
1589. Art. 1531 When lease for a longer period is authorised by a competent authority.
1590. Art. 1531A Requisites in writing of a contract of lease.
1591. Art. 1531AA Conditions for letting of private residential lease.
1592. Art. 1531B Contract of letting prior to 1st June, 1995.
1593. Art. 1531C Rent of a residence.
1594. Art. 1531D Rent of a commercial tenement.
1595. Art. 1531E External ordinary maintenance of lease.
1596. Art. 1531H Tenementleasedas a garage or used as a summer residence.
1597. Art. 1531I Definition of a tenant of a commercial tenement.
1598. Art. 1531J Tenements leased by any type of club.
1599. Art. 1531L Lease which entered into force on or after the 1st June, 1995.
1600. Art. 1531M Lease of other tenement made prior to 1st June, 1995.
1601. Art. 1532 Presumptive duration of lease.
1602. Art. 1533 Rent.
1603. Art. 1534 How rent is fixed when not agreed upon.
1604. Art. 1535 Payment of rent in advance.
1605. Art. 1536 Tacit renewal of lease.
1606. Art. 1537 Whentacitrenewal does not take place.
1607. Art. 1538 Extent of security.
1608. Art. 1539 Obligations of lessor.
1609. Art. 1540 Delivery of thing in good state of repair.
1610. Art. 1541 When lessee may be authorised to carry out repairs.
1611. Art. 1542 Liability of lessor for delay.
1612. Art. 1543 Urgent repairs.
1613. Art. 1544 Whencontractmay be dissolved for want of repairs.
1614. Art. 1545 Liability of lessor in respect of defects or faults of thing let.
1615. Art. 1546 Liability of lessor for damages in case of latent defects.
1616. Art. 1547 Lessor cannot change form of thing let.
1617. Art. 1548 Lesseetosufferthe executionofurgent repairs.
1618. Art. 1548A Right of access to thetenementbythe lessor.
1619. Art. 1549 Lessee may in certain cases demanddissolution of lease.
1620. Art. 1550 Lessor not bound to warranty against molestations by third parties,
1621. Art. 1551 unless a right on the thing is claimed.
1622. Art. 1552 When damages may not be claimed.
1623. Art. 1553 When lessee is bound to call upon lessor to defend him.
1624. Art. 1554 Obligations of lessee.
1625. Art. 1555 Unlawful use of the thing let.
1626. Art. 1555A Non-use of tenement.
1627. Art. 1556 Repairs at the charge of lessee of urban tenement,
1628. Art. 1557 Except when caused by force majeure.
1629. Art. 1558 Cleansing of cisterns.
1630. Art. 1559 State in which thing is to be restored.
1631. Art. 1560 When thing is presumed to have been received in good condition.
1632. Art. 1561 Liability of lessee , for damage etc.
1633. Art. 1562 Liability of lessee in case of fire.
1634. Art. 1563 Liability of lessee for acts of , servants etc.
1635. Art. 1564 Improvements.
1636. Art. 1565 Lessee to give notice to lessor of , encroachment etc.
1637. Art. 1566 Contract ceases on expiration of term
1638. Art. 1567 even if, in case of rural tenements or movables, theterm is presumed.
1639. Art. 1568 If duration of lease of urban tenements ispresumed,notice to quit is required.
1640. Art. 1569 Cessation of lease upon happening of resolutive condition,
1641. Art. 1570 or on the ground of , non-performance
1642. Art. 1571 or if the thing is destroyed.
1643. Art. 1572 Lease not dissolved by death , of lessor or lessee
1644. Art. 1573 or on the ground that lessor desires the house for his , own habitation
1645. Art. 1574 or in case of alienation of thing let.
1646. Art. 1575 Notice by alienee to lessee.
1647. Art. 1576 Buyer cannot eject lessee while his title is subject to dissolution.
1648. Art. 1576D No court declaration is required.
1649. Art. 1577 Remission or abatement of rent in case of loss of crop.
1650. Art. 1578 Lessee to demand that loss be ascertained.
1651. Art. 1579 Where no remission or abatement is allowed.
1652. Art. 1580 Adjustment of loss where lease is to continue.
1653. Art. 1581 Adjustment to be definitely made at the expiration of lease.
1654. Art. 1582 If there isno lossat the time of , computation remission or abatement cannot be sought afterwards.
1655. Art. 1583 Remission or abatement when granted cannot be recalled.
1656. Art. 1584 Remission or abatement where lease does not exceed one year.
1657. Art. 1585 Rent paid may not be recovered.
1658. Art. 1586 No remission or abatement in respect of loss of fruits separated , from the soil
1659. Art. 1587 nor if cause of loss existed at time of contract.
1660. Art. 1588 Lessee may undertake to bear loss caused by fortuitous event.
1661. Art. 1589 , Lease if under Metayer System, dissolved by death of lessee.
1662. Art. 1590 Rightofpreference , or of tenancy
1663. Art. 1591 , of co-possessor
1664. Art. 1592 to be exercised by co-possessor himself.
1665. Art. 1593 Concurrent exercise of such right by two or more co- possessors.
1666. Art. 1594 Rightofpreference of sitting tenant.
1667. Art. 1595 Rightofpreference is merely personal.
1668. Art. 1596 How right of preference is exercised.
1669. Art. 1597 Notification of conditions.
1670. Art. 1598 Where party to be notified with conditions is absent.
1671. Art. 1599 Acceptance.
1672. Art. 1600 Nullity of notification of conditions or of acceptance.
1673. Art. 1601 Hypothecary security.
1674. Art. 1602 Where lessor rejects security as insufficient.
1675. Art. 1603 Court may allow fresh security.
1676. Art. 1604 Times are peremptory.
1677. Art. 1605 Annulment of conditions of new leaseontheground of misrepresentation etc.
1678. Art. 1606 When right of preference is not competent.
1679. Art. 1607 When right of preference of sitting tenant is not competent.
1680. Art. 1608 Rightofpreference maynotbesetup lessee refuses to accept conditions of new lease.
1681. Art. 1609 If lessor declares not to let out the tenement before , lapse of one year etc.
1682. Art. 1610 When right of preference competent to occupier of upper part of building ceases.
1683. Art. 1611 Where several occupiers of upper parts of building claim right of preference.
1684. Art. 1612 Where overlying extent is greater.
1685. Art. 1613 Sub-letting.
1686. Art. 2018
1687. Art. 1614 Lessee may not sub-let unless agreed upon in the contract.
1688. Art. 1615 Housing of third parties.
1689. Art. 1616 Lessee under Metayer lease cannot sub-let without lessor’s consent.
1690. Art. 1617 Lessee of part of building cannot sub-let.
1691. Art. 1618 Right of lessor to be recover possession of tenement if used for immoral purposes.
1692. Art. 1619 Right of original lessor on things of sub-lessee.
1693. Art. 1620 Rights of sub- lessee.
1694. Art. 1621 Applicability of ss.1619 and 1620.
1695. Art. 1622 Rightofpreference applicable to sub- lease.
1696. Art. 1622A Power to make regulations.
1697. Sub-title II
1698. Art. 1623 Definition of contract of letting of work and industry.
1699. Art. 1624 Reward.
1700. Art. 1625 Workprohibitedby law, etc.
1701. Art. 1626 Cases of contract of letting of work and industry.
1702. Art. 1627 Applicability of ss.1569 and 1570 to contracts of letting and hiring of work and industry.
1703. Art. 1627A Prohibition of discrimination.
1704. Art. 1628 Liability of , carriers
1705. Art. 1629 forthingsdelivered , to them
1706. Art. 1630 for loss.
1707. Art. 1631 Carriage by water.
1708. Art. 1632 Saving. Cap. 10.
1709. Art. 1633 Agreement with personundertaking to execute work.
1710. Art. 1634 |If thing perishes before delivery where artificer supplies materials.
1711. Art. 1635 Where artificer bestows labour or skill only.
1712. Art. 1636 No reward where thing perishes before delivery.
1713. Art. 1637 Where work consists of several pieces.
1714. Art. 1638 Duration of liability of contractor and architect.
1715. Art. 1639 Contractor cannot claim increase of price.
1716. Art. 1640 Employer may dissolve contract.
1717. Art. 1641 Contract is dissolved by death , of artificer etc.
1718. Art. 1642 Liability of contractor.
1719. Art. 1643 Rights of masons, etc.
1720. Title X
1721. Art. 1644 Definition of contract of partnership.
1722. Art. 1645 Object of partnership must be lawful.
1723. Art. 1646 Partner cannot contribute what he expects to acquire by succession or donation.
1724. Art. 1647 Provisions not applicable to commercial partnerships.
1725. Sub-title I
1726. Art. 1648 General partnership of all property prohibited.
1727. Art. 1649 General partnership of profits permitted.
1728. Art. 1650 Particular partnership.
1729. Art. 1651 Where immovable property is contributed, public deed is necessary.
1730. Art. 1652 Applicability of ss. 994 to 996.
1731. Sub-title II
1732. Art. 1653 Commencement of partnership.
1733. Art. 1654 Stipulation whereby partnership is to , last for ever is null.
1734. Art. 1655 Where object of partnership is an undertaking of a limited duration.
1735. Art. 1656 Liability of partners in respect of contributions.
1736. Art. 1657 Liability of partner for interest on sums due or availed of by him.
1737. Art. 1658 Presumption of private use of money of partnership.
1738. Art. 1659 Liability of partners contributing skill.
1739. Art. 1660 Appropriation of payment made to managing partner who is also a separatecreditorof the party paying.
1740. Art. 1661 Where debt due to partner enjoys preference over that due to partnership.
1741. Art. 1662 Where partner receives share of common debt from debtor who becomes insolvent.
1742. Art. 1663 Liability of partner for damage caused to partnership.
1743. Art. 1664 Where the enjoyment only of things has been brought into partnership.
1744. Art. 1665 Rights of partner against partnership.
1745. Art. 1666 Shares of partners in profits or losses.
1746. Art. 1667 Where partners have agreed to refer the determination of such shares to the decision of one of the partners, etc.
1747. Art. 1668 Nullity of certain agreements.
1748. Art. 1669 , Rights powersand obligations of managing partner similar to those of a mandatary.
1749. Art. 1670 Powers of managing partner.
1750. Art. 1671 Where several partners are charged with management.
1751. Art. 1672 Joint management.
1752. Art. 1673 Rules as to , management in the absence of agreement.
1753. Art. 1674 Non-managing partner may not alienate property.
1754. Art. 1675 Admissionofother partners.
1755. Sub-title III
1756. Art. 1676 Partners not liable jointly and severally for partnership debts.
1757. Art. 1677 Liability of partners having unequal shares in partnership.
1758. Art. 1678 Where obligation is contracted on account of the partnership.
1759. Sub-title IV
1760. Art. 1679 How partnership terminates.
1761. Art. 1680 Loss of thing promised.
1762. Art. 1681 Loss of thing the enjoymentwhereof has been promised.
1763. Art. 1682 Agreement to continue partnership in case of death of any one of the partners.
1764. Art. 1683 Dissolution by renunciation.
1765. Art. 1684 When renunciation is not in good faith, etc.
1766. Art. 1685 Agreement precluding dissolution of partnershipentered into for an , undefined time is void.
1767. Art. 1686 Validity of agreement to prevent dissolution.
1768. Art. 1687 Dissolution of partnershipentered into for a limited time.
1769. Art. 1688 Rules for partition.
1770. Title XI
1771. Art. 1689 Constitution of annuity.
1772. Art. 1690 Instrumentcreating annuity.
1773. Art. 1691 Effects of assignment of an immovable.
1774. Art. 1692 Kinds of annuities.
1775. Art. 1693 Laws relating to rents ad formam bullae.
1776. Sub-title 1
1777. Art. 1694 Definition of land annuity and simple annuity.
1778. Art. 1695 Rate of annuity.
1779. Art. 1696 Redemption of perpetual annuity.
1780. Art. 1697 Redemption of simple annuity created in consideration of a , sum of money etc.
1781. Art. 1698 Redemption of land annuity, etc.
1782. Art. 1699 When debtor may be compelled to redeem annuity.
1783. Art. 1700 Court may grant time.
1784. Art. 1701 Applicability of ss.1696 to 1700.
1785. Sub-title II
1786. Art. 1702 Constitution of life annuity.
1787. Art. 1703 Annuity may be constituted for life of one or more , persons
1788. Art. 1704 or in favour of a third party.
1789. Art. 1705 Annuity for life of person dead at the , time of contract is inoperative.
1790. Art. 1706 Rate of interest.
1791. Art. 1707 When grantee may demanddissolution of contract.
1792. Art. 1708 Rights of grantee.
1793. Art. 1709 Grantor may not demanddissolution of contract.
1794. Art. 1710 How annuity is payable.
1795. Art. 1711 When not subject to attachment.
1796. Art. 1712 Payee to prove existenceofperson for whose life annuity is constituted.
1797. Sub-title 1 - Contractual issues
1798. Art. 1712A Object of a life insurance contract.
1799. Art. 1712B Consent of third party whose life is insured.
1800. Art. 1712C Contract of insuranceinfavour of third party beneficiaries.
1801. Art. 1712D Legal effects of designation.
1802. Art. 1712E Reserved portion.
1803. Art. 1712F Consolidation of interests in policy in favour of co- insured.
1804. Art. 1712G Waiver of interest and loss of benefit by beneficiary.
1805. Art. 1712H Non-applicability of the laws of succession.
1806. Art. 1712I Applicable law.
1807. Sub-title 2 - Issues relating to Married Persons
1808. Art. 1712J Contracts of life insurancetakenout before marriage.
1809. Art. 1712K Contracts of life insurancetakenout by married persons.
1810. Sub-title 3 - Issues relating to parental authority
1811. Art. 1712L Contractstakenout for the benefit of a child’s estate.
1812. Art. 1712M Pledge of life insurance policy.
1813. Art. 1713 No action lies for the recovery of gaming debts.
1814. Art. 1714 Exceptions.
1815. Art. 1715 Agreement to defeat foregoing provisions is void.
1816. Art. 1716 Recovery of money lost at gaming.
1817. Art. 1717 Recovery of money paid for lottery.
1818. Art. 1717A Certain contracts not to be deemed as gaming and betting.
1819. Art. 1718 Definition of contract of compromise.
1820. Art. 1719 When compromise is to be made by public deed.
1821. Art. 1720 Persons who can make compromise.
1822. Art. 1721 Compromise between spouses.
1823. Art. 1722 Compromise affecting property , subject to entail etc.
1824. Art. 1723 Authority of court.
1825. Art. 1724 Effect of penalty clause.
1826. Art. 1725 Effects of compromise.
1827. Art. 1726 Compromise settles only differences which the parties had in view.
1828. Art. 1727 Where person making a compromise as toa , right acquires thereafter a similar right.
1829. Art. 1728 Compromise made by one of several interested parties.
1830. Art. 1729 Compromise equivalent to res judicata.
1831. Art. 1730 When compromise may be set aside.
1832. Art. 1731 Error of fact.
1833. Art. 1732 False documents.
1834. Art. 1733 Compromise respecting suit terminated by judgement.
1835. Art. 1734 Discovery of documents subsequent to compromise.
1836. Art. 1735 Errors of calculation.
1837. Art. 1736 Compromise concerning an inheritance.
1838. Title XIV
1839. Art. 1737 Definition of donation.
1840. Art. 1738 Gifts made out of gratitude.
1841. Art. 1739 Remuneratory donations.
1842. Art. 1740 Onerous donations.
1843. Art. 1740A Rules on donations not applicable to trust settlements.
1844. Art. 1740B Transfers to trusts, within groups, and as security.
1845. Art. 1741 Donationmayonly include present property.
1846. Art. 1742 Ecclesiastical , , benefices etc. to be governed by canon law.
1847. Sub-title I
1848. Art. 1743 Persons capable of disposing or receiving by donation.
1849. Art. 1744 Persons incapable of making a donation.
1850. Art. 1745 Nullity of , donation although disability of donor ceases before execution.
1851. Art. 1746 Persons incapable of receiving by donation.
1852. Art. 1747 Born not viable. Persons who cannot receive by donationmorethan can be left to them under a will.
1853. Art. 1749 Applicability of s.609.
1854. Art. 1750 Disguised donations.
1855. Art. 1751 Intermediaries.
1856. Art. 1752 Donation made to notary receiving deed, etc.
1857. Sub-title II
1858. Art. 1753 Donations to be made by public deed.
1859. Art. 1754 When donation is binding on donor.
1860. Art. 1755 Time for acceptance of donation.
1861. Art. 1756 When acceptance may be made after donor’s death.
1862. Art. 1757 Acceptance by heirsorcreditorsof donee.
1863. Art. 1758 Donation to minor.
1864. Art. 1759 Donation to an illegitimate child.
1865. Art. 1760 Donation to person under tutorship or curatorship.
1866. Art. 1761 Annulment of donation for want of authority.
1867. Art. 1762 When special curator may be appointed.
1868. Art. 1763 When minor himselfmayaccept donation.
1869. Art. 1764 Duty of person who accepts on behalf of another.
1870. Art. 1765 Restitutio in integrum.
1871. Art. 1766 Donation in contemplation of marriage may not be impeached for non-acceptance.
1872. Art. 1767 Donationsbetween spouses, during marriage.
1873. Art. 1768 Donation on condition of restoration of gift in the event of donor having children.
1874. Art. 1769 Debts of donor. Donationsubject condition of payment of debts.
1875. Art. 1771 Limitation of donee’s liability.
1876. Art. 1772 Presumptive condition.
1877. Art. 1773 Maintenance of donor.
1878. Art. 1774 Reservation of power of disposing.
1879. Art. 1775 Vesting of thing excluded from donation.
1880. Art. 1776 Prohibition of entails in donations.
1881. Art. 1777 Reservation of usufruct.
1882. Art. 1778 Donation of movable things with reservation of usufruct.
1883. Art. 1779 Stipulation of reversion.
1884. Art. 1780 Effects of reversion.
1885. Art. 1781 Where donation with stipulation of reversion is made in favour of two or more persons.
1886. Art. 1782 Warranty by donor.
1887. Art. 1783 Extent of warranty.
1888. Art. 1784 Easements or burdens.
1889. Sub-title III
1890. Art. 1785 Causes of revocation of donation.
1891. Art. 1786 Revocation in virtue of resolutive condition.
1892. Art. 1787 Revocation for ingratitude.
1893. Art. 1788 Revocation for ingratitude never takes place ipso jure.
1894. Art. 1789 Renunciation of right to revoke a donation for ingratitude is null.
1895. Art. 1790 Time within which action for revocation may be brought.
1896. Art. 1791 Revocation does not affect , alienations etc.
1897. Art. 1792 Donations in contemplation of marriage not subject to revocation for ingratitude.
1898. Sub-title IV
1899. Art. 1793 Donations of present property subject to general rules.
1900. Art. 1794 Donations of property to be left on donor’s death.
1901. Art. 1795 Extent of irrevocability of such donations.
1902. Art. 1796 Donations of present and future property.
1903. Art. 1797 Where description is not annexed to deed of donation.
1904. Art. 1798 Presumption that property is sufficient to discharge debts. Cap. 12.
1905. Art. 1799 When donee cannot demand execution of donation.
1906. Art. 1800 Where donor survives donee.
1907. Art. 1801 Presumption in favour of children.
1908. Art. 1802 Marriage presents.
1909. Art. 1803 Donation lapses if marriage does not , take place etc.
1910. Sub-title V
1911. Art. 1804 Donationsbetween future spouses.
1912. Art. 1806 Presumption of condition of survival. Minors.
1913. Art. 1808 Presents by future spouses.
1914. Art. 1809 Where marriage does not take place. Cap. 5.
1915. Art. 1810 Donationsbetween spouses.
1916. Art. 1811 to relations of either.
1917. Art. 1812 Gifts of small value.
1918. Sub-title VI
1919. Art. 1813 Reduction of donations exceeding disposable portion.
1920. Art. 1814 Applicability of rules relating to reduction of testamentary dispositions
1921. Art. 1815 By whom reduction may be demanded.
1922. Art. 1816 Right of demanding reduction may not be waived during donor’s life.
1923. Art. 1817 Donees, etc., may not claim reduction.
1924. Art. 1818 No reduction of donations shall take place before property disposed of under will is exhausted.
1925. Art. 1819 Restitution of things to be made in kind.
1926. Art. 1820 Restoration of fruits.
1927. Art. 1821 Immovable to be returned unencumbered.
1928. Art. 1822 Action for , , reduction etc. may be brought against third parties.
1929. Art. 1823 Limitation of action for , reduction etc.
1930. Title XV
1931. Art. 1824 Definition of commodatum.
1932. Art. 1825 Things which may be lent for use.
1933. Art. 1826 Obligations transmissible to heirs.
1934. Art. 1827 Duties of borrower.
1935. Art. 1828 Borrowernotliable for indemnity if thing perishes.
1936. Art. 1829 Liability of borrower for wrong use or delay.
1937. Art. 1830 Where borrower could save the thing borrowed from perishing.
1938. Art. 1831 Effect of valuation ofthinglentattime of loan.
1939. Art. 1832 Deterioration without fault of borrower.
1940. Art. 1833 Borrower may not recover expense for use of thing.
1941. Art. 1834 Liability of several borrowers of same thing.
1942. Art. 1835 Restoration of thing to lender before expiration of time.
1943. Art. 1836 Where extraordinary expenses have been incurred by borrower.
1944. Art. 1837 Liability of lender in case of defects in thing lent.
1945. Art. 1838 Question as to whether contract is or commodatum locatio et conductio.
1946. Art. 1839 Definition of precarium.
1947. Art. 1840 Restitution on demand.
1948. Art. 1841 Applicability of rules relating to commodatum.
1949. Art. 1842 Definition of mutuum.
1950. Art. 1843 Effect of loan on borrower.
1951. Art. 1844 Liability resulting from loan of money.
1952. Art. 1845 Restitution in determinate species of coin.
1953. Art. 1846 Loan of ingots or goods.
1954. Art. 1847 Applicability of s.1837.
1955. Art. 1848 Where borrower cannot return things in the same quantity and quality.
1956. Art. 1849 Interest not due unless agreed upon.
1957. Art. 1850 Stipulation for interest.
1958. Art. 1851 Paymentofinterest not agreed upon.
1959. Art. 1852 Rate of interest.
1960. Art. 1853 Contracts made in evasion of last preceding article.
1961. Art. 1854 Where rate of interest is not agreed upon.
1962. Art. 1855 Acquittance for capital without reservation as to interest.
1963. Art. 1855A Regulations.
1964. Sub-title I
1965. Art. 1856 Definition of contract of mandate.
1966. Art. 1857 Object of mandate.
1967. Art. 1858 Acceptance by mandatary.
1968. Art. 1859 Consequences in case of default of mandatary to acquaint mandator of refusal.
1969. Art. 1860 Name of mandatary in blank.
1970. Art. 1861 When mandate is gratuitous.
1971. Art. 1862 Mandate is special or general.
1972. Art. 1863 Mandateingeneral terms.
1973. Art. 1864 Powers of mandatary.
1974. Art. 1864A Mandate given by a person in anticipation of his incapacity.
1975. Art. 1865 Acts which the mandatary may perform.
1976. Art. 1866 When mandatary may not sue or be sued.
1977. Art. 1867 Other powers of mandatary.
1978. Art. 1868 General powers.
1979. Art. 1869 Minors may be mandataries.
1980. Art. 1870 Power of mandator.
1981. Art. 1871 Where mandatary acts in his own name.
1982. Art. 1871A Property held subjecttofiduciary obligations.
1983. Art. 1872 Saving. Cap. 13.
1984. Sub-title II
1985. Art. 1873 Duties of mandatary.
1986. Art. 1874 Liability of mandatary.
1987. Art. 1875 Duty of mandatary to render account.
1988. Art. 1876 Mandatary cannot delegate his authority.
1989. Art. 1877 Where several mandataries are appointed by the same instrument.
1990. Art. 1878 Liability of mandatary for interest on sums applied to his own use, etc.
1991. Art. 1879 Mandatary is not personally liable towards party contracting with him as such.
1992. Sub-title III
1993. Art. 1880 Liability of mandator
1994. Art. 1881 towards mandatary
1995. Art. 1882 for losses
1996. Art. 1883 for interest on advances and expenses.
1997. Art. 1884 Where the mandators are two or more, they are jointly and severally liable towards mandatary.
1998. Art. 1885 Right of retention competent to mandatary.
1999. Sub-title IV
2000. Art. 1886 Termination of mandate.
2001. Art. 1887 Revocation of mandate.
2002. Art. 1888 Termination of mandate does not affect third parties not knowing of such termination.
2003. Art. 1889 Renunciation of mandate.
2004. Art. 1890 Duty of heirs of deceased mandatary.
2005. Title XIX
2006. Art. 1891 Definition of deposit.
2007. Sub-title I
2008. Art. 1892 Nature of deposit properly so called.
2009. Art. 1893 How deposit is perfected.
2010. Art. 1894 When depositary may make use of thing deposited.
2011. Art. 1895 Voluntary or necessary deposit.
2012. Art. 1896 Nature of voluntary deposit.
2013. Art. 1897 Between whom voluntary deposit can take place.
2014. Art. 1898 Voluntary deposit made by a person capable to one who is not.
2015. Art. 1899 Diligence to be used by depositary.
2016. Art. 1900 Cases where a higher degree of diligence is required.
2017. Art. 1901 Depositary not answerable for casual misfortunes or loss.
2018. Art. 1902 He cannot make use of thing deposited.
2019. Art. 1903 He shall not attempt to discover what are the things deposited.
2020. Art. 1904 Restoration of , thing deposited
2021. Art. 1905 orofthingreceived in its place.
2022. Art. 1906 Duties of heir of depositary.
2023. Art. 1907 Where thing deposited has produced fruits.
2024. Art. 1908 To whom restoration is to be made.
2025. Art. 1909 Depositary may not require depositor to prove ownership of thing.
2026. Art. 1910 When depositor dies, thing is to be restored to heir.
2027. Art. 1911 Where there are several heirs.
2028. Art. 1912 Where status of depositor has changed.
2029. Art. 1913 Where deposit is made by tutor, etc.
2030. Art. 1914 Where restitution of deposit is to be made.
2031. Art. 1915 Time for restitution.
2032. Art. 1916 Rights of depositary.
2033. Art. 1917 Obligations of depositary to cease, if he is the owner of the deposit.
2034. Art. 1918 Reimbursement of expenses incurred by depositary.
2035. Art. 1919 Depositary may retain deposit until reimbursement of expenses.
2036. Art. 1920 Nature of necessary deposit.
2037. Art. 1921 Applicability of provisions relating to voluntary deposit.
2038. Sub-title II
2039. Art. 1922 Nature of conventional sequestration.
2040. Art. 1923 Release of sequestrator.
2041. Art. 1924 Applicability of provisions relating to voluntary deposit.
2042. Sub-title I
2043. Art. 1925 Definition of contract of suretyship.
2044. Art. 1926 Suretyship to be only in respect of valid obligation.
2045. Art. 1927 Suretyship cannot exceed debt.
2046. Art. 1928 Any person may become surety withoutknowledge of debtor.
2047. Art. 1929 Suretyship cannot be presumed.
2048. Art. 1930 Suretyship in general terms.
2049. Art. 1931 Qualifications of surety.
2050. Art. 1932 Where surety becomes insolvent.
2051. Sub-title II
2052. Art. 1934 When surety is bound to pay.
2053. Art. 1935 When benefit of discussiondoesnot apply.
2054. Art. 1936 Liability of , creditor when benefit of discussion is
2055. Title II of Book Third of the Code of Organization and Civil
2056. Art. 1937 When several persons have becomesuretiesfor the same debtor.
2057. Art. 1938 Insolvency of co- sureties.
2058. Art. 1939 Division of action by creditor.
2059. Art. 1940 Liability of surety’s surety.
2060. Art. 1941 Surety in commercial matters.
2061. Art. 1942 Right of relief of surety against principal debtor.
2062. Art. 1943 Interest and damages due to surety.
2063. Art. 1944 Where suretyship is given against will of debtor.
2064. Art. 1945 Effect of payment by surety.
2065. Art. 1946 Right of relief of surety where there are several debtors jointly and severally liable.
2066. Art. 1947 When surety forfeits his right of relief against debtor.
2067. Art. 1948 When surety may proceed against debtor to be indemnified.
2068. Art. 1949 Rights of co- suretiesasbetween themselves.
2069. Art. 1950 Insolvent co- sureties.
2070. Sub-title III
2071. Art. 1951 Qualifications of surety.
2072. Art. 1952 Pledge may be given if a surety cannot be found.
2073. Art. 1953 Legal or judicial suretycannotclaim the beneficium as escussionis against the principal debtor.
2074. Art. 1954 Surety for legal or judicial surety may claimdiscussionof the latter.
2075. Art. 1955 Saving clause. Cap. 12.
2076. Sub-title IV
2077. Art. 1956 Extinguishment of obligation from suretyship.
2078. Art. 1957 Where merger takes place in the person of the debtor and his surety.
2079. Art. 1958 Pleas which surety may set up against the creditor.
2080. Art. 1959 Release of surety where subrogation cannot take place.
2081. Art. 1960 Where creditor releases one of his suretieswithoutthe consent of the others.
2082. Art. 1961 Acceptance by creditor of immovable or other property in payment of debt.
2083. Art. 1962 Extension of time does not release surety.
2084. Art. 1963 Duration of obligation of surety.
2085. Title XXI
2086. Art. 1964 Definition.
2087. Art. 1965 Pledge of movable things.
2088. Art. 1966 Effects of pledge.
2089. Art. 1967 Retention of pledge for other debts.
2090. Art. 1968 Where the thing pledged is a debt.
2091. Art. 1969 Pledge of thing not belonging to pledgor.
2092. Art. 1970 Sale of pledge by auction.
2093. Art. 1971 When debtor may demand sale of pledge.
2094. Art. 1972 When the thing pledged cannot be preserved without deterioration.
2095. Art. 1973 Certain covenants are void.
2096. Art. 1974 Debtor to remain the owner of the thing pledged.
2097. Art. 1975 Liability of creditor.
2098. Art. 1976 Fruits.
2099. Art. 1977 How interest or other profits of pledge are to be appropriated.
2100. Art. 1978 Abuseofpledgeby creditor.
2101. Art. 1979 Restitution of pledge to debtor.
2102. Art. 1980 Creditormaymake use of pledge.
2103. Art. 1981 Use of pledge without debtor’s consent to be deemed abuse.
2104. Art. 1982 Sub-pledging of thing pledged with debtor’s consent.
2105. Art. 1983 Sub-pledging of thing pledged without debtor’s consent.
2106. Art. 1984 Use of pledge by sub-pledgee.
2107. Art. 1985 Indivisibility of pledge.
2108. Art. 1986 Saving clause as to advances on goods in commercial transactions.
2109. Art. 1987 Definition of contract of antichresis.
2110. Art. 1988 Liabilities of creditor.
2111. Art. 1989 Resumption of enjoyment of immovable.
2112. Art. 1990 Ownership of immovable not to vest in creditor. Cap. 12.
2113. Art. 1991 Setting off of fruits against interest.
2114. Art. 1992 Applicability of provisions relating to pledge.
2115. Art. 1993 Rights of third parties on immovable subjected to antichresis.
2116. Title XXIII
2117. Art. 1994 Debtor’s property to be subject to his liabilities.
2118. Art. 1995 Debtor’s property to constitute common guarantee of his creditors.
2119. Art. 1996 Causes of preference.
2120. Art. 1996A Right of creditor to modify own rights.
2121. Art. 1997 Right of retention.
2122. Art. 1998 Saving as to previous laws.
2123. Sub-title I
2124. Art. 1999 Definition of privilege.
2125. Art. 2000 General or special privileges.
2126. Art. 2001 Effects.
2127. Art. 2002 Privileges not inherent in property.
2128. Art. 2003 Claims secured by general privilege.
2129. Art. 2004 Judicial costs.
2130. Art. 2005 Funeral expenses.
2131. Art. 2006 Death-bed expenses.
2132. Art. 2007 Wages of servants.
2133. Art. 2008 Supplies and provisions.
2134. Art. 2009 Privileged claims over particular movables.
2135. Art. 2010 Privileged creditors over immovables. Dominus. , Architects etc. Person supplying money or materials. Third party in possession. Vendor or other alienor. Lender of money for the payment of price. Co-heirs. Advocateandlegal procurator.
2136. Sub-title II
2137. Art. 2011 Definition of hypothec.
2138. Art. 2012 Kinds of hypothec.
2139. Art. 2013 Effectsofhypothec when property passes to a third party.
2140. Art. 2014 Hypothec may be created for indeterminate obligation.
2141. Art. 2015 Hypothec is subject to rescission as principal obligation.
2142. Art. 2016 Special hypothec in addition to general hypothec.
2143. Art. 2019 Legal hypothec in , favour of minors
2144. Art. 2020 of children or other , descendants
2145. Art. 2021 of persons subject , to tutorship etc.
2146. Art. 2022 Creditor having privilege, has special hypothec.
2147. Art. 2023 Judicial hypothec.
2148. Art. 2024 Who can contract conventional hypothec.
2149. Art. 2025 Conventional hypotheccannotbe created except by public deed.
2150. Art. 2026 Contracts made outside Malta.
2151. Art. 2027 Sum for which hypothec is contracted to be specified in the deed.
2152. Art. 2028 Conventional hypothec are general or special.
2153. Sub-title III
2154. Art. 2029 Special privileges to be registered.
2155. Art. 2030 Day from which the time for registration runs.
2156. Art. 2031 Privileges, if , registered are unaffected by , , alienations etc. made within the time for registration.
2157. Art. 2032 General privileges and special privileges over movables not subject to registration.
2158. Art. 2033 Hypothec to be registered.
2159. Art. 2034 Duties of notary in respect of registrationoflegal hypothec of wife against husband in certain cases.
2160. Art. 2035 Responsibility of registrarofcourtof voluntary jurisdiction with regard to persons under tutorship or curatorship. Cap. 12.
2161. Art. 2036 Who may demand registration.
2162. Art. 2037 Relatives may demand registration in certain cases.
2163. Art. 2038 Ascendanttoeffect registration of hypothec granted to unemancipated children.
2164. Art. 2039 Time within which , , ascendant etc. is to effect registration of hypothec in favour of children.
2165. Art. 2040 When registration against debtor in state of bankruptcy or against an inheritance is inoperative.
2166. Art. 2041 Exceptions.
2167. Art. 2042 Particulars of note of registration.
2168. Art. 2043 When cause of privilege or hypothec is to be stated in the note.
2169. Art. 2044 When it is not necessary to state the amount of the debt.
2170. Art. 2045 Bywhomnoteis be signed.
2171. Art. 2046 When judicial hypothec may be registered.
2172. Art. 2047 Registration affecting property of a deceased person.
2173. Art. 2048 When immovable property is in the hands of third parties.
2174. Art. 2049 Difference between amount due and that stated in the registration.
2175. Art. 2050 Expenses of registration to be borne by debtor.
2176. Art. 2051 Assignment may be entered in registry.
2177. Art. 2052 Requirements of note for entering assignment in the Public Registry.
2178. Sub-title IV
2179. Art. 2053 Renewal of registration of privileges and hypothecs.
2180. Art. 2054 Renewal after lapse of time to have the effect of an original hypothec.
2181. Art. 2055 Persons entitled to demand renewal.
2182. Art. 2056 Renewal of registration not to interrupt prescription.
2183. Art. 2057 How renewal is made.
2184. Art. 2058 Expenses of renewal.
2185. Sub-title V
2186. Art. 2059 Reduction of registration.
2187. Art. 2060 How registration may be reduced or cancelled.
2188. Art. 2061 When reduction of registrationmaybe made without the creditor’s consent.
2189. Art. 2062 When reduction may be ordered by court.
2190. Art. 2063 Value of immovable property to which the registration is to be restricted.
2191. Sub-title III of Title II of Book Third of the Code of Organization
2192. Art. 2064 Cancellation of registrationmaybe ordered by judgement.
2193. Art. 2065 Requirements of the note for reduction or cancellation of registration.
2194. Art. 2066 Additional requirementincase of reduction.
2195. Art. 2067 By whom note for reduction or cancellation is to be signed.
2196. Art. 2068 Expenses for reduction or cancellation.
2197. Sub-title VI
2198. Art. 2069 Rights of creditors against third parties in possession.
2199. Art. 2070 Liability of third party in possession.
2200. Art. 2071 Other liabilities of third party in possession.
2201. Art. 2072 Creditors may demand sale of immovable or movable charged with hypothec.
2202. Art. 2073 Whenthirdparty possession may set up benefit of discussion.
2203. Art. 2074 When benefit of discussion may not be set up.
2204. Art. 2075 Option of third party in possession in certain cases.
2205. Art. 2076 Whenthirdparty possession may surrender property.
2206. Art. 2078 How surrender of immovable or movable is made.
2207. Art. 2079 Liability for deteriorations.
2208. Art. 2080 Fruits that are due by third party in possession.
2209. Art. 2081 Rights of , , easement etc. of third party in possession.
2210. Art. 2082 Rights of creditors of third party in possession.
2211. Art. 2083 Rights of third party in possession against debtor and other third parties in possession.
2212. Sub-title VII
2213. Art. 2084 Howprivilegesand hypothecs are extinguished. Cap. 12.
2214. Art. 2085 When prescription in acquired by debtor.
2215. Art. 2086 When prescription isacquiredbythird party in possession.
2216. Art. 2087 Registration not to interrupt prescription.
2217. Sub-title VIII
2218. Art. 2088 General rule of priority among creditors having privileges of a different nature.
2219. Art. 2089 Priority given to certain general privileges.
2220. Art. 2090 Priority given to certain other general privileges.
2221. Art. 2091 Rule of priority in cases other than those mentioned in ss.2089 and 2090.
2222. Art. 2092 Hypothecary debts to be paid according to the order of registration.
2223. Art. 2093 Hour of registration not to create priority among hypothecs registered on the same day.
2224. Art. 2094 Privileged debts in the same rank to be paid ratably.
2225. Art. 2095 Expenses accessory to debt to rank with debt.
2226. Sub-title I
2227. Art. 2095A Trusts and married persons.
2228. Art. 2095B Spouse as beneficiary under trust settled by other spouse.
2229. Art. 2095C Trust property which is not matrimonial property.
2230. Sub-title II
2231. Art. 2095D Non-applicability of provisions on annuities.
2232. Sub-title III
2233. Art. 2095E Security trusts.
2234. Title XXIIIB
2235. Art. 2095F Agreement establishing security.
2236. Art. 2095G Enforcement of rights.
2237. Art. 2095H Liability of the creditor transferee.
2238. Art. 2095I Return of property to debtor.
2239. Art. 2095J Reservations.
2240. Art. 2096 Definition.
2241. Art. 2097 Effects of benefit.
2242. Art. 2098 Time within which it may be exercised.
2243. Art. 2099 Alienation of hereditaryproperty before benefit is , exercised
2244. Art. 2100 or after benefit is exercised.
2245. Art. 2101 How benefit is exercised.
2246. Art. 2102 Contents of note for registration.
2247. Art. 2103 Effects of registration.
2248. Art. 2104 When benefit cannot be exercised.
2249. Art. 2105 Creditors of heir cannot demand benefit.
2250. Art. 2106 Saving as to successionsopened before 11th February, 1870.
2251. Art. 2107 Definition of prescription.
2252. Art. 2108 Renunciation
2253. Art. 2109 may be expressed or tacit.
2254. Art. 2110 Persons who cannot renounce prescription already acquired.
2255. Art. 2111 Pleaofprescription to be set up by party.
2256. Art. 2112 When it may be set up.
2257. Art. 2113 Bywhomitmaybe set up.
2258. Art. 2114 Things not subject to prescription.
2259. Art. 2115 Things to which prescription applies.
2260. Art. 2116 Applicabilityofthe provisions of this Title.
2261. Art. 2117 Prescriptions commenced before the 11th February, 1870.
2262. Art. 2117A Prescription and arbitration proceedings.
2263. Sub-title I
2264. Art. 2118 Persons holding on behalf of others cannot prescribe in , their own favour
2265. Art. 2119 butmaydosoupon change of title.
2266. Art. 2120 Persons acquiring , , from tenant etc. may prescribe.
2267. Art. 2121 Prescription against own title.
2268. Sub-title II
2269. Art. 2122 Prescription runs against any person generally.
2270. Art. 2123 Exceptions.
2271. Art. 2124 , Minors persons interdicted, etc.
2272. Art. 2125 Other cases of suspension of prescription.
2273. Art. 2126 Prescription continues after cessation of cause of suspension.
2274. Sub-title III
2275. Art. 2127 Interruption of prescription by eviction of , possessor
2276. Art. 2128 by judicial act.
2277. Art. 2129 Interruption operative even if , act is irregular etc.
2278. Art. 2130 Time within which act is to be served. Cap. 12.
2279. Art. 2131 Interruption by judicial demand. Cap. 12.
2280. Art. 2132 Interruption to be inoperative if action is withdrawn, etc.
2281. Art. 2133 Interruption by acknowledge- , ment
2282. Art. 2134 by payment on account.
2283. Art. 2135 Effects of interruption in regard to surety.
2284. Art. 2136 Period already elapsed not to be reckoned.
2285. Sub-title IV
2286. Art. 2137 Commencement of prescription.
2287. Art. 2138 Reckoning of prescriptive period.
2288. Art. 2139 When prescription is completed.
2289. Art. 2140 Prescription of ten years.
2290. Art. 2141 Good faith.
2291. Art. 2142 Bad faith of predecessor does not prejudice successor. Limitation of real personal or mixed actions.
2292. Art. 2144 Prescription of forty years.
2293. Art. 2145 Rights which cannot be exercised but seldom.
2294. Art. 2146 Obligation of debtor in the case of an annuity.
2295. Art. 2147 Actions barred by the lapse of one year.
2296. Art. 2148 Actions barred by the lapse of eighteen months.
2297. Art. 2149 Actions barred by the lapse of two years.
2298. Art. 2150 Commencement of prescription in regardtoactions of , advocates etc.
2299. Art. 2151 Continuation of supplies, etc.
2300. Art. 2152 Limitation of actions against advocatesandlegal procurators in connection with papers delivered to them.
2301. Art. 2153 Actions for damages not arising from criminal offence.
2302. Art. 2154 Actions for damages arising from criminal offence.
2303. Art. 2155 Action for recovery of thing lost or stolen.
2304. Art. 2156 Actions barred by the lapse of five years.
2305. Art. 2157 Action for rendering of accounts against , , tutor curator etc.
2306. Art. 2158 Pleaofprescription may be set up against party paying for debtor.
2307. Art. 2159 Minors and persons interdicted.
2308. Art. 2160 Debtor or his heirs or those claiming under him may be put on oath.
2309. TITLE II
2310. Art. 10 Records, accounts and reports.
2311. Art. 20A Transfer of cells.
2312. Art. 20B Constitution of a cell into a new organisation.
2313. Art. 20C Objections by creditors.
2314. Art. 20D Power to make reg- ulations.
2315. Art. 20E Publication of notices.
2316. Art. 22A Continuation in Malta of a foreign organisation.
2317. Title III
2318. Art. 26 Definition of foun- dation.
2319. Art. 29A Mandatory rules to prevail.
2320. Art. 29B Management of inconsistent provi- sions.
2321. Art. 29C Property in Malta, Maltese or foreign foundations, for- eign domiciliary.
2322. Art. 30 Obligation to regis- ter.
2323. Art. 31 Registration of foundations.
2324. Art. 31A Amendments to statutesandnotices of changes.
2325. Art. 31B Private interest foundations and trading activities.
2326. Art. 31C Accessibility of registered docu- ments and confi- dentiality of private founda- tions.
2327. Art. 32A Public benefit foundations and trading activities.
2328. Title III "Of Associations" and the applicable
2329. Art. 48A Associations estab- lished as public benefit organisa-
2330. Title III "Of Associations" and the applicable provisions of this
2331. Art. 49 Form and contents of the statute.
2332. Art. 50 Purposes.