Cap. 16 Art. 1064Where thing perishes or deteriorates before fulfilment of condition.

Where an obligation is contracted under a suspensive condition, and the thing forming the subject-matter of the agreement perishes or deteriorates before the condition is fulfilled, the following rules shall be observed:

(a) if the thing perishes entirely, without any fault of the debtor, the agreement shall be ineffectual;

(b) if the thing perishes entirely, through the fault of the debtor, such debtor shall be liable to the creditor for damages;

(c) if the thing perishes in part only, or deteriorates, without any fault of the debtor, the loss shall be borne by the creditor, who shall be bound to receive the thing in the state in which it is without any abatement of the price thereof;

(d) if the thing perishes in part, or deteriorates, through the fault of the debtor, the creditor may elect either to demand the dissolution of the agreement, or to claim the thing in the state in which it is, with damages.