Every renunciation or compromise as regards a future legitime between the person owing it and his compulsory heirs is void, and the latter may claim the same upon the death of the former; but they must bring to collation whatever they may have received by virtue of the renunciation or compromise. If the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune. The distances referred to in the preceding article shall be measured in cases of direct views from the outer line of the wall when the openings do not project, from the outer line of the latter when they do, and in cases of oblique view from the dividing line between the two properties. There is no warranty against hidden defects of animals sold at fairs or at public auctions, or of live stock sold as condemned. A stipulation for the common enjoyment of any other profits may also be made; but the property which the partners may acquire subsequently by inheritance, legacy, or donation cannot be included in such stipulation, except the fruits thereof. ARTICLE 1856. If the price of the sale is more than said amount, the debtor shall not be entitled to the excess, unless it is otherwise agreed. Voluntary heirs upon whom some condition has been imposed cannot demand a partition until the condition has been fulfilled; but the other co-heirs may demand it by giving sufficient security for the rights which the former may have in case the condition should be complied with; and until it is known that the condition has not been fulfilled or can never be complied with, the partition shall be understood to be provisional. For this purpose, neither the acceptance by the pledgor or owner, nor the return of the thing pledged is necessary, the pledgee becoming a depositary. The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. If, however, the buyer has used or disposed of the goods delivered before he knows that the seller is not going to perform his contract in full, the buyer shall not be liable for more than the fair value to him of the goods so received. (n), ARTICLE 1334. The contracting parties, however, may increase, diminish, or suppress this legal obligation of the vendor. (181a), ARTICLE 382. In cases of intimidation, violence or undue influence, from the time the defect of the consent ceases. In every action by the creditor, which must be against the principal debtor alone, except in the cases mentioned in article 2059, the former shall ask the court to notify the guarantor of the action. When notice of stoppage in transitu is given by the seller to the carrier, or other bailee in possession of the goods, he must redeliver the goods to, or according to the directions of, the seller. Curabitur blandit tempus porttitor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall accompany the application for marriage license. When the property cannot be returned, it shall be estimated at what it was worth at the time of the donation. (1766a), ARTICLE 1973. If the usufructuary who has not given security claims, by virtue of a promise under oath, the delivery of the furniture necessary for his use, and that he and his family be allowed to live in a house included in the usufruct, the court may grant this petition, after due consideration of the facts of the case. A will shall be valid even though it should not contain an institution of an heir, or such institution should not comprise the entire estate, and even though the person so instituted should not accept the inheritance or should be incapacitated to succeed. ARTICLE 1389. ARTICLE 1378. (1195). ARTICLE 2073. (1294), ARTICLE 1384. Indemnity may be made by payment in cash or by the delivery of a thing of the same kind and quality as that awarded to the plaintiff. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If the contractor fails or refuses to comply with this obligation, the employer may have the defect removed or another work executed, at the contractor’s cost. (1109a). The thing deposited shall be returned with all its products, accessories and accessions. ARTICLE 55. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education and support. (1112). Even in these cases he shall only be liable for the price received and for the expenses specified in No. What is a reasonable time is a question of fact. System of Complete Separation of Property (n). Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. ARTICLE 1526. (782a). Said priest or minister or rabbi shall be obliged to exhibit his authorization to the contracting parties, to their parents, grandparents, guardians, or persons in charge demanding the same. Misrepresentation by a third person does not vitiate consent, unless such misrepresentation has created substantial mistake and the same is mutual. (1789a), ARTICLE 2010. Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract of sale, or has manifested his inability to perform his obligations thereunder, or has committed a breach thereof, the seller may totally rescind the contract of sale by giving notice of his election so to do to the buyer. All things and rights which are within the commerce of man may be bequeathed or devised. 2 of the preceding article shall not apply to the donor who has reserved the usufruct of the property donated, or to the parents who are usufructuaries of their children’s property, except when the parents contract a second marriage. All persons who are not expressly prohibited by law may make a will. If deposit with a third person is allowed, the depositary is liable for the loss if he deposited the thing with a person who is manifestly careless or unfit. (n), ARTICLE 1282. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. A limited partnership is formed if there has been substantial compliance in good faith with the foregoing requirements. If the right of action is based upon the incapacity of any one of the contracting parties, the loss of the thing shall not be an obstacle to the success of the action, unless said loss took place through the fraud or fault of the plaintiff. (n). (n), ARTICLE 788. ARTICLE 1197. (794a). ARTICLE 199. (1893). When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered. No particular form for the ceremony of marriage is required, but the parties with legal capacity to contract marriage must declare, in the presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as husband and wife. (n), ARTICLE 2265. (874a). (n). Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be compelled at the time they were effected, are also rescissible. When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be reformed. (410), ARTICLE 506. (n), ARTICLE 1909. When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate heirs, after the settlement of the debts of the deceased, pays a legacy in compliance with a clause in the defective will, the payment is effective and irrevocable. The thing bequeathed shall be delivered with all its accessions and accessories and in the condition in which it may be upon the death of the testator. Any stipulation to the contrary shall be void. The bondsman who is to be offered in virtue of a provision of law or of a judicial order shall have the qualifications prescribed in article 2056 and in special laws. (n), ARTICLE 1519. (n), ARTICLE 1487. Public official establishments can neither accept nor repudiate an inheritance without the approval of the government. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code. ARTICLE 662. All rights which are not intransmissible may also be the object of contracts. (n), ARTICLE 2261. ARTICLE 1779. In crimes and quasi-delicts, interest as a part of the damages may, in a proper case, be adjudicated in the discretion of the court. 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