Machine Translated by Google

Civil Code

THIRD BOOK
CONTRACTS OR OBLIGATIONS
CONVENTIONAL
Machine Translated by Google

CIVIL CODE - BOOK III

THIRD BOOK
CONTRACTS OR CONVENTIONAL OBLIGATIONS

July 30, 1888-Decree.
Civil Code. – [Book 1 :] Contracts or conventional
obligations (BO, p.109).
This decree, as amended by that of September
10, 1916 (BO, p. 212) was made enforceable by ORU
No. 10 of March 8, 1927
It was then amended by the decree
of June 16, 1947 (BO, p. 338) made
enforceable by ORU n° 11/30 of March
16, 1948 (BORU p. 167) and by the decree
of August 26, 1959 (BO p. 2192), made
enforceable by ORU n° 111/269 of
December 15, 1959 (BORU, p. 1184).
1. – Will form the Third Book of the Civil Code:
contracts or conventional obligations, Titles I
to XII, the text of which is annexed to this
decree comprising 660 articles.
2. – Our General Administrator of the Department
of Foreign Affairs.
Having justice in his attributions is responsible
for the execution of this decree which comes
into force today.

ALPHABETICAL INDEX

Bond buyers, 327. - potestative, 81. Domestic ; hiring of Trade book, 212.
Authentic act, 199. - - Resolutory, 83 - work, 427, 428. - Hire-purchase, 265.
confirmatory, 216. - Suspensive, 81 prescription, 653. - Rent, 370. - of
recognitive, 215. - under Confusion, 192. liability, 260. thing, 373. - of
private seal, 204. Consent, 9. Damage, reparation, 258. house, 374, 408. - of work,
Action in nullity, 196. - Consignment, 155. Damages, 40, 44, 258. 427. - of services, 428,
oblique, 64. - paulienne, Contracts, 1. 429.
65. - prescription, 196, Random contract, 4. - Rents (prescription), 657.
647. action in nullity, 196. - Exchange, 365.
Accreditation, 319, 438. benevolent, 5. - good faith, Effect of obligations, 33. Masters responsibility, 260
Anatocism, 52. 33. - cause, 30. - Unjust enrichment, 252. Mandate, 526.
Animals (responsibility), 261. commutative, 4. - consent, - mandatary, 532. -
Architect, 440. 9. - effects (third party), 63. Company (contract), 434. cessation, 544. -
Deposit, 271. - execution, 33. - innominate, Error, 9. - principal, 539. - to
Craftsman, responsibility, 260. - 7. - interpretations, 54. - effects, 18. pay or receive, 169. - servant, 527.
hiring of work, 446. object, 25. - onerous, 6. - Eviction, 303.
Admission, 230. synallagmatic, 2. - unilateral, Physicians (prescription), 653.
3. Fault, 258. Furniture, possession, 659.
Building (responsibility), 262. Force majeure, 46. Currency, 44 (n), 468. -
Farm leases, 374, 417. - value of the franc, 468 (n).
rent, 374, 408. Gage, 598.
Good faith (prescription), 648. Guardian (responsibility), Pledge, 598.
Good character (condition), 70. Reverential fear, 14. 260. Innovation, 163.
Claims, assignment, 352. Business management, 248.
Capacity, 23. - prescription, 647. Obligations, 1. -
Fortuitous event, 46. Buildings (sale), 294. alternative, 87. -
Security, effects, 560. - Certain date, 210. Expenses, 387. term, 83. - with
extinction, 573. - legal and Delegation, 167, 168. Unpredictability, 34, 54. penalty clause, 124. -
judicial, 579. - nature, 552. Grace period, 142. Fire, 390. conditional, 66. - to give, 35. -
Offense, 258. Native (hire of to do or not to do,
Assignment of property, 132. Deliverance, 281. services), 429.
Assignment of claim, 352. Residence (installation), 37, 38, 44. Teachers, prescription, 652. 40.
Penalty clause, 50, 124. - divisible or indivisible,
Beginning of proof, 223 Deposit, 482. - liability, 260. 115.
Principals (liability), 260. - depositor, 510. - Compound interest, 52. - - damages, 44. - effect, 33. -
Commodat, 448. depositary, 493. - judicial, 51. - prescription, termination, 132. - non-
Compensation, 181. necessary, 512. - 657. performance, 44. - joint and
Condition, 660. - voluntary, 488. Interpretation of several, 95.
casual, 67. - Debt, forgiveness, 174. conventions, 54.
retroactive effect, 77. - Quotations and contracts, 434. Real offers, 155.
impossible, 70, 71. - Dol, 9. Lesion, 131 bis. Public order, 32, 70.
mixed, 69. - effects, 18. Bidding, 350. Worker, action, 445.

2
Machine Translated by Google

CIVIL CODE - BOOK III

- hire of services, 427,428. - - legal, 226. - Repetition of the undue, 133, 253. - claims, 352.
statute of limitations, 652. juris tantum, 229.
Loan, 447. Termination, resolution, 82. Usucapion, 658.
Commissory pact, 38, 82. - at interest, 478. Civil liability, 258. Wear, 131a .
Payment, 133. - - for use, 448. - Retention, right of – 82 (n).
,
grace period, 142. - for consumption, 465. - Risks, 37, 266, 379, 437. Seller, obligations, 279. -
imputation, 151. - borrower, 453. - lender, 461. delivery, 281. - guarantee,
subrogation, 147. Sequestration, 302. - redemption, 335.
Parents (responsibility), 260. Nominee, 526. 518. - conventional, 519.
Alimony, prescription, 657. Proof of obligations, 197. - - judicial, 523. Sale, 263. -
private deed, 204. - literal, 199. Decisive oath, 234. - on trial, 269. -
Loss of the thing due, 194, 195. - presumption, 225. - testimonial, referred ex officio, 242. - things that can be sold,
Stronghold, 20, 21. 217. - authentic title, 199. prescription, 655. 275.
Possession, 622. Solidarity, 98. - - price, 272.
Prescription, 613. - between creditors, 95. - - Reimbursement,
duration, 645. - Promise of sale, 270. between debtors, 98. 335 - Installment, 265. -
impediments, 630. - Land ownership, 660. Stipulation for others, 21. Material defects, 318.
interruptions, 636. - Subrogation, 147. Redhibitory defects, 318.
special, 652. - possession, Quasi-contract, 247. Violence, 9, 11. -
622. - suspension, 643. Quasi-misdemeanors, 258. Authentic title, 199. effects, 18.
Repurchased (sale), 335. Transaction, 583.
Presumption, 225. Forgiveness of debt, 174. Transportation (contract), 430.

TITLE ONE

CONTRACTS OR CONVENTIONAL OBLIGATIONS IN GENERAL

FIRST CHAPTER 5. – A charitable contract is one in which one SECTION 1. Consent.

Preliminary Provisions of the parties provides the other with a purely
gratuitous benefit. 9.- There is no valid consent if the consent was given
1.- The contract is an agreement by which only by mistake, or if it was extorted by violence or
one or more people bind themselves, 6. – A contract for valuable consideration is surprised by fraud.
towards one or more others, to give, to do one which binds each of the parties to give or
or not to do something. do something.
10. – The error is a cause of nullity of the agreement
7. – Contracts, whether they have their own only when it falls on the very substance of the thing
2. – The contract is synallagmatic or name or not, are subject to general rules which is the object of it.
bilateral when the contracting parties bind which are the subject of this title. It is not a cause of nullity, when it falls only on the
themselves reciprocally towards each person with whom one intends to contract, unless the
other. consideration of this person is the principal cause of
The specific rules for certain contracts are the agreement.
3. – It is unilateral when one or more established under the headings relating to
people are obligated to one or more each of them.
others, without there being any commitment 11. – Violence exercised against the person who has
on the part of the latter. CHAPTER II contracted the obligation is a cause of nullity, even
Essential conditions for the validity though it has been exercised by a third party other
of agreements than that for whose benefit the agreement was made.
4. – It is commutative when the parties
undertake to give or to do a thing which is 8. – Four conditions are essential for the
regarded as the equivalent of what is validity of an agreement: The consent of the 12. – There is violence when it is of a nature to make
given to him or of what he does for her. binding party; His ability to contract; A an impression on a reasonable person, and when it
certain object which forms the matter of the can inspire him with the fear of exposing his person
When the equivalent consists of the commitment; A lawful cause under or his fortune to a considerable and present evil.
chance of winning or losing for each of obligation.
the parties. Based on an uncertain event, Consideration is given in this matter to the age,
the contract is random. sex and condition of persons.

3
Machine Translated by Google

CIVIL CODE - BOOK III

13. – Violence is a cause of nullity of the 22. – One is deemed to have stipulated for 32. – The cause is illicit when it is prohibited by law,
contract not only when it has been exerted oneself and for one's heirs and assigns, when it is contrary to morality or public order.
on the contracting party, but also when it unless the contrary is expressed or results
has been exerted on his husband or his from the nature of the agreement.
wife, on his descendants or ascendants. CHAPTER III
Of the effect of bonds.
SECTION 2. Of the capacity of the
contracting parties. SECTION 1. General Provisions.
14. – The only reverential fear towards
the father, the mother, or another 23. – Any person can contract, if he is not 33. – Agreements legally formed take the place of
ascendant, without there having been declared incapable by law. law for those who have made them.
exercised violence, is not enough to They may only be revoked by their mutual consent
cancel the contract. or for causes authorized by law.
24. – The status and capacity of persons, as
15. – A contract can no longer be attacked well as their family relations, are governed by They must be performed in good faith.
on the grounds of violence if, since the the laws of the nation to which they belong.
violence has ceased, this contract has 34. – Conventions bind not only to what is expressed
been approved, either expressly, or tacitly, therein, but also to all the consequences that equity,
or by allowing the time for restitution fixed SECTION 3. Object and matter of usage or the law give to the obligation according to
by law to pass. contracts. its nature.

25. – Every contract has as its object SECTION 2. Of the obligation to give.
16. – Fraud is a cause of nullity of the something which one party undertakes to
agreement when the maneuvers practiced give or which one party undertakes to do or 35. – The obligation to give entails the obligation to
by one of the parties are such that it is not to do. deliver the thing and keep it until delivery, on pain of
obvious that without these maneuvers, damages to the creditor.
the other party would not have contracted. 26. – The simple use or the simple possession
of a thing can be, like the thing itself, the
object of the 36. – The obligation to see to the preservation of the
17. – It cannot be presumed and must be contract. thing, whether the object of the agreement is only
proven. the utility of one of the parties, or that its purpose is
27. – Only things which are in commerce can the common utility, subjects the person who is
18. – An agreement contracted by error, be the object of conventions. responsible for providing it with all the care of a good
violence or fraud is not null and void; it father.
only gives rise to an action for nullity or This obligation is more or less extensive with
rescission, in the manner explained in 28. – The object of the obligation must be respect to certain contracts, the effects of which in
section 7 of chapter V of this title. something at least determined as to its kind. this respect are explained under the headings which
concern them.
The quota of the thing can be uncertain,
provided that it can be determined 37. - The obligation to deliver the thing is perfected
19. – One cannot, in general, engage or by the sole consent of the contracting parties.
stipulate in one's own name except for
oneself. 29. – future things can be the object of an It makes the creditor the owner, and puts the
obligation. thing at his risk from the moment it had to be
20. – Nevertheless, one can go strong for One cannot, however, renounce an delivered, although tradition has not been to do so,
a third person, by promising the fact of unopened succession, nor make any unless the debtor is in default to deliver it, in which
this one; except for the indemnity against stipulation on such a succession, even with case, the thing remains at the risk of this last.
the party who has acted strongly or who the consent of the person whose succession
has promised to have it ratified, if the third is in question.
party refuses to keep the engagement. 38. - The debtor is constituted in default, either by a
SECTION 4. Cause. summons, or by another equivalent act, or by the
21. – One can similarly stipulate for the effect of the agreement when it provides that, without
benefit of a third party when such is the 30. – Obligation without cause, or on a false the need for an act and by the sole expiry of the
condition of a stipulation that one makes cause, or on an illicit cause, cannot have any term, the debtor will be in default.
for oneself or of a gift that one makes to effect.
another.
Whoever made this stipulation can no longer 31. – The agreement is not less valid, 39. – If the thing which one is obliged to give or
revoke it if the third party has declared that although the cause is not expressed. deliver to two persons successively is purely movable,
they want to take advantage of it. that of the two who has been put in real possession
of it is preferred and in possession of it.

4
Machine Translated by Google

CIVIL CODE - BOOK III

remains owner, even though its title is
later in date, provided always that the
possession is in good faith.
SECTION 3. Of the obligation to
do or not to do.
40. – Any obligation to do or not to do
results in damages, in the event of non-
performance on the part of the debtor.
in the execution comes from a foreign cause
which cannot be imputed to him, although
there is no bad faith on his part.
46. – There are no grounds for damages
when, as a result of force majeure or a
fortuitous event, the debtor has been
prevented from giving or doing what he was discharge of the debtor.
obliged to do or has done what was forbidden
to him.
agreement, it is interest due at least for a full year.
53. – Nevertheless, accrued income, such as rents,
rents, produce interest from the day of the request
or the agreement.
The same rule applies to restitution of fruit and
interest paid by a third party to the creditor in
SECTION 5. Interpretation of agreements.

47. – The damages and interest due to the

41. – Nevertheless, the creditor has the
right to request that what would have
been done by breach of the undertaking
be destroyed, and he may be authorized
to destroy it at the expense of the debtor,
without prejudice to damages if he takes
place.
42. – The creditor may also, in the event
of non-performance, be authorized to
enforce the obligation himself at the
expense of the debtor.
43. – If the obligation is not to do, the
one who contravenes it owes damages
by the mere fact of the contravention.
SECTION 4. Damages arising
from breach of obligation.
44. – Damages are only due when the
debtor is in default of fulfilling his
obligation, except when the thing that
the debtor was obliged
could only
to give
be given
or to do
or
done within a certain time. which he let
pass.
Article 1 of the decree of April 20, 1935 on
the effects of the monetary decree of April
1 , 1935, relating to the assessment of
indemnities or damages and mandatory in
Rwanda Urundi, sets out a principle which
seems to us still to apply. (BO p 371).
creditor are, in general, the loss he incurred
and the gain of which he was deprived,
except for the exceptions and modifications
below.
48. – The debtor is only liable for damages
and interest which have been foreseen or
which could have been foreseen during the
contract, when it is not through his fraud that
the obligation is not performed.
49. – In the same case where
the non-performance of the agreement
results from the debtor's fraud, the damages
and interests must include, with regard to
the loss experienced by the creditor and the
gain of which he was deprived, only what is
a consequence immediate and direct breach
of the agreement.
50. – When the agreement provides that the
party who fails to perform it will pay a certain
sum as damages, the other party cannot be
awarded a greater or lesser sum.
51. – In obligations which are limited to the
payment of a certain sum, the damages and
interest resulting from the delay in the
execution never consist of anything other
than an order for interest, the rate of which
will be fixed by the judge.
These damages are due without the
creditor being required to justify any loss.
54. – One must, in conventions, find out what was
the common intention of the contracting parties,
rather than stop at the literal meaning of the terms.
55. – When a clause is capable of two meanings,
the agreement must rather be made in the one with
which it can have some effect, than in the meaning
with which it could produce none.
56. – The terms likely to have two meanings must
be taken in the sense that best suits the subject
matter of the contract.
57. – What is ambiguous is interpreted by what is
customary in the country where the contract is made.
58. – The clauses which are customary in the contract
must be supplemented in the contract, although they
are not expressed therein.
59. – All the clauses of the agreements are
interpreted one by the other, by giving to each the
meaning which results from the whole act.
60. – In doubt, the agreement is interpreted against
the one who stipulated, and in favor of the one who
contracted the obligation.
61. – However general the terms in which an
agreement is conceived, it includes only the things
on which it appears that the parties have intended
to contract.

- When there is a change in compensation

or damages, changes to the parity are not
taken into account –
of the franc only insofar as, on the day of
this valuation, they affected the effective
purchasing power of the franc in the area
considered.
45. - The debtor is condemned, if
necessary, to the payment of damages,
either because of the non-execution of
the obligation, or because of the delay
They are only due from the day of the
request, except in cases where the law
makes them run as of right.
52. – Interest due on capital may produce
interest, either by a judicial demand, or by a
special agreement, provided that, either in
the demand, or in the
62. – When in a contract a case has been expressed
for the explanation of the obligation, it is not deemed
to have been intended thereby to restrict the extent
which the engagement receives by law to cases not
expressed.
SECTION 6. Of the effect of agreements with
regard to third parties.

5
Machine Translated by Google
63. – Agreements have effect only
between the contracting parties, they do
not harm third parties, and they only
benefit them in the case provided for in
article 21.
64. – Nevertheless, the creditors can
exercise all the rights and actions of their
debtor, with the exception of those which
are exclusively attached to the person.
65. – They may also, in their own name,
challenge acts performed by their debtor
in fraud of their rights.
CHAPTER IV
Of the various kinds of bonds.
SECTION 1. Contingent
Obligations.
§ 1 – Condition in general and its various
species.
66. – An obligation is conditional when it
is made to depend on a future and
uncertain event, either by suspending it
until the event occurs, or by terminating it,
according to whether the event will occur
or not. will not happen.
67. – The contingent condition is that
which depends on chance and which is in
no way within the power of the creditor or
the debtor.
68. – A potestative condition is one which
makes the performance of the agreement
dependent on an event which it is within
the power of one or other of the contracting
parties to bring about or prevent.
69. – A mixed condition is one which 78. – The creditor may, before the condition
depends both on the will of one contracting is fulfilled, exercise all the conservatory acts
party and on the will of a third
of the party. of his right.
70. – Any condition of an impossible thing,
or contrary to good morals, or prohibited
by law, is null, and renders null the
agreement which depends on it.
71. – The condition of not doing an
impossible thing does not make
CIVIL CODE - BOOK III
void the obligation contracted under this
condition.
72. – Any obligation is null when it has been
contracted under a potestative condition on
the part of the one who binds himself.
73. – Any condition must be fulfilled in the
way that the parties probably wanted and
understood it to be.
74. – When an obligation is contracted under
the condition that an event will occur within a
fixed time, this condition is deemed to have
failed when the time has expired without the
event having occurred. If there is no event,
and it is not deemed to have failed until it has
become certain that the event will not occur.
75. – When an obligation is contracted under
the condition that an event will not happen
within a fixed time, this condition is fulfilled
when this time has expired without the event
having happened: it is also fulfilled if, before
the term, it is certain that the event will not
happen; and if there is no fixed time, it is
accomplished only when it is certain that the
event will not occur.
76. – A condition is deemed to have been
fulfilled when it is the obligor obligated under
this condition who has prevented its fulfillment.
77. – The fulfilled condition has retroactive
effect to the day on which the commitment
was contracted. If the creditor dies before the
fulfillment of the condition, his rights pass to
his heir.
§ 2 - Of the condition precedent.
79. – An obligation contracted under a
condition precedent is one which depends
either on a future and uncertain event, or on
an event that has actually happened but is
still unknown to the parties.
In the first case, the obligation can only be
performed after the event.
In the second case, the obligation takes effect from
the day it was contracted.
80. – When the obligation has been contracted under
a condition precedent, the thing which forms the
subject matter of the agreement remains at the risk
of the debtor, who is only bound to deliver it in the
event of the occurrence of the condition.
If the thing is entirely perished without the
fault of the debtor, the obligation is extinguished.
If the thing has deteriorated through no fault of
the debtor, the creditor has a choice; or to resolve the
obligation, or to exact the thing in the state in which it
is without reduction of the price.
If the thing has deteriorated through the fault of
the debtor, the creditor has the right, either to resolve
the obligation, or to demand the thing in the state in
which it is, with damages and interest.
§ 3 – The resolutive condition.
81. – The resolutive condition is that which, when it
is accomplished, brings about the revocation of the
obligation, and which restores things to the same
state as if the obligation had not existed.
It does not suspend the execution of the obligation;
it only obliges the creditor to restore what he has
received in the event that the event provided for by
the condition occurs.
82. – The resolutory condition is always implied in
synallagmatic contracts,
two
in parties
the event
fails
themthat
to one
fulfillofitsthe
commitment.
In this case, the contract is not terminated by
full right. The party towards whom the commitment
has not been performed has the choice either to force
the other to perform the agreement when possible, or
to request its resolution with damages.
The rescission must be sought in court, and the
defendant may be granted a delay depending on the
circumstances.
SECTION 2. Term Bonds.
83. – The term differs from the condition, in that it
does not suspend the engagement, of which it only
delays the execution.
84. – What is only due at term cannot be demanded
before the end of the term: but what has been paid in
advance cannot be repeated.
85. – The term is always presumed to be stipulated
in favor of the debtor, unless it results from
6
Machine Translated by Google
the stipulation, or circumstances, that it has
also been agreed in favor of the obligee.
86. – The debtor can no longer claim the
benefit of the term when he has gone
bankrupt or when, by his act, he has
diminished the securities he had given by
the contract to his creditor.
SECTION 3. Alternative
Obligations.
87. – The debtor of an alternative obligation
is discharged by the delivery of one of the
two things which were included in the
obligation.
88. – The choice belongs to the debtor if it
has not been expressly granted to the
creditor.
89. – The debtor can free himself by
delivering one of the two things promised,
but he cannot force the creditor to receive
part of one and part of the other.
90. – The obligation is pure and simple,
although contracted in an alternative
manner, if one of the two things promised
could not be the subject of the obligation.
91. – The alternative obligation becomes
pure and simple, if one of the things
promised perishes and can no longer be
delivered, even through the fault of the
debtor. The price of this thing cannot be
offered in its place.
If both are perished, and the debtor is
at fault with regard to one of them, he must
pay the price of the one which perished the
last.
92. – When, in the cases provided for by
the preceding article, the choice had been
deferred by the agreement to the creditor.
or one of the things only perishes; and
then, if it is without the fault of the debtor,
the creditor must have what remains, if the
debtor is at fault, the creditor must have
what remains, if the debtor is at fault, the
creditor can demand the thing which
remainder, or the price of that which is
perished;
CIVIL CODE - BOOK III
or both things are perished; and then, if the
debtor is at fault with regard to both, or even
with regard to only one of them, the creditor
may demand the price of either of them at his
choice.
93. – If the two things are perished without the
fault of the debtor and before he is in default,
the obligation is extinguished.
94. – The same principles apply where there
are more than two things included in the
alternative obligation.
SECTION 4. Solidarity obligations.
§ 1 - Solidarity between creditors.
95. – An obligation is joint and several between
several creditors when the title expressly gives
each of them the right to demand payment from
one of them releases the debtor even though
the benefit of the obligation is shareable and
divisible. between the various creditors.
96. – It is up to the debtor to pay to one or other
of the joint and several creditors, as long as he
has not been prevented by the proceedings of
one of them.
Nevertheless, the remission which is made
only by one of the solidary creditors releases
the debtor only for the part of this creditor.
97. - Any act which interrupts prescription with
regard to one of the joint and several creditors
benefits the other creditors.
§ 2 - Solidarity on the part of debtors.
98. – There is solidarity on the part of debtors
when they are obliged to the same thing in such
a way that each can be compelled, only one
releases the others towards the creditor.
99. – The obligation may be solidary although
one of the obligors is obligated differently from
the other to the payment of the same thing, for
example, if one is obligated only conditionally,
while the commitment on the other is pure and
simple, or if one has taken a term which is not
granted to the other.
100.– Solidarity is not presumed, it must be expressly
stipulated.
This rule ceases only in cases where solidarity
takes place by operation of law, by virtue of a provision
of the law.
101.– The creditor of an obligation contracted jointly
and severally may apply to the debtor he wishes to
choose, without the latter being able to oppose the
benefit of division.
102. – Proceedings brought against one of the debtors
do not prevent the creditor from taking similar action
against the others.
103.– If the thing owed has perished through the fault
or during the stay of one or more of the joint and several
debtors, the other co-debtors are not discharged from
the obligation to pay the price of the thing: but these
are not liable for damages.
The creditor can only recover damages and
interest both against the debtors by whose fault the
thing perished, and against those who were in default.
104. – Proceedings brought against one of the joint
and several debtors
regard
interrupt
to all. the limitation period with
105. – A claim for interest made against one of the joint
and several debtors causes interest to run with regard
to all of them.
106. – The joint and several debtor sued by the creditor
may oppose all defenses which result from the nature
of the obligation, and all those which are personal to
him, as well as those which are common to all the co-
debtors.
He cannot oppose exceptions which are purely
personal to some of the other co-debtors.
107.– When one of the debtors becomes the sole heir
of the creditor, or when the creditor becomes the sole
heir of one of the debtors, the confusion only
extinguishes the solidary creditor for the part and
portion of the debtor or of the creditor .
108.– The creditor who consents to the division of the
debt with regard to one of the co-debtors, retains his
joint and several action against the others, but subject
to the deduction of the part of the debtor whom he has
discharged from joint and several liability.
109.– The creditor who receives the share of one of
the debtors dividedly, without reserving in the
7
Machine Translated by Google
releases joint and several liability or its rights
in general, renounces joint and several
liability only with regard to this debtor.
The creditor is not supposed to remit
solidarity to the debtor when he receives
from him a sum equal to the portion for
which he is liable, if the receipt does not
state that it is for his share.
The same applies to a simple request
made against one of the co-debtors for his
part if the latter has not granted the
request, or if a condemnation judgment
has not been issued.
110.– The creditor who receives dividedly
and without reserve the portion of one of
the co-debtors in the arrears or interest of
the debt, loses solidarity only for the
arrears or interest due, and not for those
to fall due, nor for the principal, unless the
divided payment has been continued for
ten consecutive years.
111. – The obligation contracted jointly
and severally towards the creditor is
divided by operation of law between the 118. – An obligation which is liable to division
debtors, who are only liable among must be performed between the creditor and
themselves, each for his share and portion. the debtor, as if it were indivisible. The
divisibility applies only with respect to their
112. – The co-debtor of a joint and several
debt, who has paid it in full, can only
recover against the others the share and
portion of each of them.
If one of them is found to be insolvent,
the lossdistributed
occasionedby by his insolvency
contribution is
among
all the other solventtoco-debtors andmade
one who the
the payment.
113.– In the event that the creditor has
waived the joint and several action against
one of the debtors, if one or more of the
other co-debtors become insolvent to them,
the portion of the insolvent contributorily
distributed among
among
all the
those
debtors,
previously
evenwill be
discharged from solidarity by the creditor.
114.– If the matter for which the debt was
contracted jointly and severally concerned
only one of the joint and several obligors,
the latter would be required to
CIVIL CODE - BOOK III
all the debt vis-à-vis the other co-debtors, who
would only be considered in relation to him as
his sureties.
SECTION 5. Divisible and
indivisible obligations.
115. – An obligation is divisible or indivisible
according to whether its object is a thing which
in its delivery, or a fact which in its execution
is or is not susceptible of division, whether
material or intellectual.
116. – An obligation is indivisible, although
the thing or the fact which is its object is
divisible by its nature, if the relationship under
which it is considered in the obligation does
not render it susceptible of partial performance.
117. – The stipulated solidarity does not give
the obligation the character of indivisibility.
§ 1 – Effects of the divisible
obligation.
heirs, who cannot claim the debt or who are
only required to pay it, for the shares of which
they are seized or of which they are required
to represent the creditor. or the debtor.
119.– The principle established in the
preceding article is subject to an exception
with regard to the heirs of the debtor:
1° in the event that the debt is
mortgages: 2°
when it is certain; 3° in the case of the
creditor, one of which is indivisible; 4° when
one of the heirs is charged alone, by the
title, with the performance of the obligation; 5°
when it follows, either from the nature of
the commitment, or from the thing which
is the subject of it, or from the end proposed in
the contract, that the intention of the
contracting parties was that the debt
could not be partially discharged.
In the first three cases, the heir who owns the thing
owed or the fund mortgaged to the debt, may be sued
for the whole thing on the thing owed or on the fund
mortgaged, saving recourse against his co-heirs. In
the fourth case, the heir alone bears the debt, and in
the fifth case, each heir can also be sued for the
whole, except his recourse against his co-heirs.
120. – Each of those who have jointly contracted an
indivisible debt is liable for the total, even though the
obligation has not been contracted jointly.
121.– The same applies to the heirs of the person
who has contracted such an obligation.
122.– Each heir of the creditor may demand full
performance of the indivisible obligation.
He cannot alone remit the entire debt, he cannot
alone receive the price instead of
the thing. If one of the heirs alone remitted the debt or
received the price of the thing, his co-heir cannot claim
the indivisible thing except by taking into account the
portion of the co-heir who made the remission or who
received the price.
123.– The heir of the debtor, assigned for the entire
obligation, may request a delay to challenge his co-
heirs, unless the debt is of such a nature that it can
only be paid by the assigned heir, who can then be
condemned alone, except for his recourse for
compensation against his co-heirs.
SECTION 6. Obligations with Penalty
Clauses.
124. – The penalty clause is one by which a person,
to ensure the performance of an agreement, undertakes
to do something in the event of non-performance.
125. – The nullity of the principal obligation entails
that of the penalty clause.
The nullity of the latter does not entail that
of the main obligation.
126. – The creditor, instead of asking for the penalty
stipulated against the debtor who is in default, may
pursue the execution of the principal obligation.
127. – The penalty clause is the compensation for the
damages that the creditor suffers from the non-
performance of the principal obligation.
8
Machine Translated by Google
He cannot demand the principal and
the penalty at the same time, unless it
has been stipulated for the simple delay.
128. Whether the original obligation
contains or doeswhich
not contain
it must term inthenot
abe
performed,
penalty is incurred only when the person
who has undertaken either to deliver, or
to take, or to do, is in default.
129.– The penalty may be modified by
the judge when the main obligation has
been partially fulfilled.
130. – When the original obligation
contracted with a penalty clause is of an
indivisible thing, the penalty is incurred by
the contravention of only one of the heirs
of the debtor, and it can be requested,
either in full against the one who made
the contravention, either against each of
the co-heirs for their share and portion
and hypothecary for the whole, except
their recourse against the person who
caused the penalty to be incurred.
131. – When the original obligation
contracted under a penalty is divisible,
the penalty is incurred only by the heirs
of the debtor who contravenes this
obligation, and only for the part of which
he was bound in the principal obligation,
without let him have action against those
who executed him.
This rule receives exception when the
penalty clause having been added with
the intention that the payment could not
be made partially, a co-heir prevented the
execution of the obligation
In thisfor
case,
the the
whole.
entire penalty may be demanded against
him and against the other co-heirs for
their portion only, saving their recourse.
CHAPTER IVa
of the lesion
131bis. (D. of August 26, 1959) – “Without
prejudice to the application of the
protective provisionsor for
relating
incapable
to thepersons
validity of agreements, if by a credit
transaction, a loan contract or
CIVIL CODE - BOOK III
any other contract indicating a delivery of 133. – Any payment supposes a debt which has
securities whatever the apparent form of the been paid without being due is subject to repetition.
contract, the creditor abusing the needs of Repetition is not allowed with respect to natural
the weaknesses, passions or ignorance of obligations that have been voluntarily have
who discharged.
the debtor, has been promised for himself or
for others an interest or other benefits
manifestly exceeding normal interest, the 134. – An obligation may be discharged by any
judge may, at the request of the debtor, person who is interested in it, such as a co-obligor or
reduce his obligation to normal interest. a surety.
The obligation may even be discharged by a third
party who has no interest in it, provided that this third
The reduction applies to payments made party acts on behalf of and in favor of the debtor, or
by the debtor, provided that the claim is that, if he acts in his own name, he is not subrogated.
brought within three years from the date of the rights of the creditor.
payment. »
135. – The obligation to do cannot be discharged by
- The normal interest was fixed by circular n° 1/59 a third party against the will of the creditor when the
of the Mwami of Burundi of August 5, 1959
worded as follows: "In my circular n° 5/57 of latter has an interest in its being fulfilled by the debtor
October 28, 1957, I explained to you that with a himself.
view to succeed in putting an end to the abusive exploitation of
poor by the rich in terms of loans at usurious rates 136. – To pay validly, one must be the owner of the
the interest rate was reduced to a maximum of
25% and that this measure was temporary. Indeed, thing given in payment and capable of alienating it.
the conditions of the rate as well as
fixed were still unreasonable with regard to Nevertheless, the payment of a sum in money or
fairness. I believe that the time has now come to something else which is consumed by use, cannot
definitively reduce the interest rate to its proper
measure: that dictated by justice and honesty. It be recovered against the creditor who has consumed
is therefore essential, as of now, to align the it in good faith, although the payment has been made
interest rate with standards generally accepted by by him who does not was not the owner or who was
credit institutions, so I have decided that Urundi not capable of alienating it.
custom would henceforth set the interest rate at
six percent. hundred a year maximum.
Your judgments will therefore not admit any 137. – Payment must be made to the creditor or to
other rate of interest higher than that. someone having power over him, or who is authorized
This measure is final; it guarantees the creditor
a reasonable and honest report, and constitutes by justice or by law to receive for him.
for the debtor, a not excessive but fair burden in
exchange for the service rendered to him. Payment made to someone who would not have
the power to receive for the creditor is valid if the
I intend to see this circular scrupulously applied,
the content of which must be immediately creditor ratifies it or if he has profited from it.
communicated to the population by the chiefs and
deputy chiefs at the first meeting of the Councils 138. – Payment made in good faith to the person
of Chieftaincy and Deputy Chieftaincy”.
who is in possession of the debt is valid even if the
- See also penal code, art. 96bis.
possessor is subsequently evicted.
CHAPTER V
Of the extinction of obligations
139. – The payment made to the creditor is not valid
if he was unable to receive it, unless the debtor
132. – Obligations are extinguished by
proves that the thing paid turned to the benefit of the
payment, by novation, by voluntary surrender,
creditor.
by compensation, by confusion, by loss of the
thing, by nullity or rescission, by the effect of
140. – The payment made to the debtor to his
the resolutory condition , which was explained
creditor, to the detriment of a seizure or an opposition,
in the previous chapter, and by prescription.
is not valid with regard to the creditors seizing or
opposing, these can, according to their law, compel
it to pay again, save, in this case only, his recourse
against the creditor.
SECTION 1. Payment.
§ 1 - Payment in general.
141.– The creditor may be forced to receive
something other than that which is
9
Machine Translated by Google
due, although the value of the thing
offered is equal, or even greater.
142.– The debtor cannot force the
creditor to receive partial payment of a
debt, even a visible one.
Judges may nevertheless, in
consideration of the position of the
debtor, and using this power with great
reserve, grant moderate delays for
payment, stay the execution of claims
and proceedings,
remaining
all things
as they
are.
143. – The debtor of a certain and
determined body is released by the
return of the thing in the state where it
is at the time of the delivery, provided
that the deteriorations which occurred
there are not due to his fact or his fault, automatically: 1° for the benefit of the
nor that of the persons for whom he is
responsible, or that before these
deteriorations he was not in default.
144. – If the debt is of a thing which is price of his acquisition to pay the creditors
determined only by its kind, the debtor
will not be bound, in order to be
discharged, to give it of the best kind,
but he cannot offer it of the worst. .
145. – Payment must be made in the
place designated, payment in the case
of a certain and determined body, must
be made in the place where, at the
time of the obligation, was the thing
which makes it the object.
Apart from these two cases, payment
must be made at the domicile of the debtor. paid in part; in this case, he may exercise
146. – The costs of payment are borne preference to the party from whom he has
by the debtor.
§ 2 - Payment with subrogation.
147.– Subrogation in the rights of the
creditor in favor of a third person who
pays him is either contractual or legal.
148.– This subrogation is
conventional: 1°. when the
creditor, receiving his payment from a
third person, subrogates him in
CIVIL CODE - BOOK III
be express and made at the same
time as the payment; 2°. when the
debtor borrows a sum in order to pay his
debt and to subrogate the lender in
the rights of the creditor. It is
necessary, for this subrogation to be
valid, that the deed of loan and the
receipt have been passed before
notaries, that in the deed of loan, it be
declared borrowed
that the sum has been
to make the
payment, and that , in the release, it
is declared that the payment, and that,
in the release, it is declared that the
payment was made of the last provided
for this purpose by the new claim.
This subrogation takes place without
the concurrence of the will of the
creditor.
149. – Subrogation takes place
person who, being himself a creditor, pays
another creditor who is preferable to
him by reason of his privileges or
mortgages; 2° for the benefit of the
purchaser of a building, who uses the
to whom this inheritance was
mortgaged; 3° for the benefit of the
person who, being bound with others
or for others to pay the debt, had an
interest in discharging it.
150.– The subrogation established by the
preceding articles takes place both against
sureties and against debtors; it cannot
harm the creditor when he has only been
his rights, for what remains due to him, in
received only partial payment.
§ 3 – Imputation of payments.
151. – The debtor of several debts has
the right to declare, when he pays, which
debt he intends to discharge.
152. – The debtor of a debt which bears
interest or produces arrears, cannot,
without the consent of the creditor, impute
the payment which he makes on the capital
by preference to arrears or interest;
payment made on principal and interest,
but which is not
full point, is charged first to interest.
153.– When the debtor of various debts has
accepted a receipt by which the creditor has
charged that there was no fraud or surprise on
the part of the creditor.
154. – When the receipt bears no imputation, the
payment must be imputed on the debt which the
debtor had the greatest interest to discharge at
the time among those which are similarly due, if
not on the debt which is due, although less
onerous than those that are not.
If the debts are of equal nature, the imputation
is made on the oldest, all other things being
equal, it is made proportionally.
§ 4 – Offers of payment and
consignment.
155. – When the creditor refuses to receive his
payment, the debtor may make real offers to him,
and if the creditor refuses
, the sum
to or
accept
the thing
them,offered.
deposit
Offers real, followed by a
consignment release the debtor, they take the
place of payment, when they are validly made,
and the thing thus consigned remains at the risk
of the creditor.
156.– For real offers to be valid, it is necessary:
1°. whether they are made to the creditor having
the capacity to receive or to the one who has
the power to receive for him;
2°. they are made by a person capable of
paying; 3°. that they are of the totality of
the sum due, of the arrears or interest due,
of the liquidated expenses, and of a
sum for the unliquidated expenses,
except to perfect it; 4°. that the term has
expired, if it has been stipulated in favor
of the creditor; 5°. that the condition under
which the debt was contracted has
arrived; 6°. that the offers are made at the
place agreed upon for payment, and
that, if there is no special agreement on the
place of payment, they are made either
to the person of the creditor, or to his
domicile, or at the domicile elected for
the performance of the agreement; 7°.
that the offers are made by a bailiff
designated by the judge.
10
Machine Translated by Google

CIVIL CODE - BOOK III

157.– It is not necessary, for the validity of the
consignment, that it has been authorized
by the judge, it suffices: 1°. that it was
preceded by a summons served on
the creditor, and containing the
indication of the day, the hour
and the place where the thing
offered will be deposited; 2°.
that the debtor has relinquished
the thing offered by handing it over to
the registry of the court of first
instance or appeal, with interest
up to the day of
there
deposit;
has been
3°. that
report, a
drawn up by the bailiff, of the
nature of the cash offered, of
the creditor's refusal to receive
it, or of his non-appearance, and
finally of the deposit; 4°. that in
the event of non-appearance on
the part of the creditor, the
minutes of the deposit have
been served on him with a
summons to withdraw the thing
deposited.
withdrawn will have taken the forms required express, or that the delegate was already in open
to carry the mortgage. bankruptcy, or fallen into discomfiture at the time of
the delegation.
162.– If the thing due is a certain body which
must be delivered to the place where it is 169. – The simple indication made by the debtor of a
located, the debtor must summon the creditor person who must pay in his place does not operate
to remove it, by deed notified to his person or novation.
to his domicile, or to the domicile elected for The same applies to the simple indication
the execution of the agreement. This summons made by the creditor, of a person who is to receive
made, if the creditor does not remove the thing for him.
and the debtor needs the place in which it is
placed, the latter may obtain permission from 170.– The privileges and mortgages of the old debt
the court to place it in deposit in some other do not pass to that which is substituted for it, unless
place. the creditor has expressly reserved them.
SECTION 2. Novation. 171. – When the novation takes place by the
substitution of a new debtor, the original privileges
163.– Novation takes place in three ways: 1°. and mortgages of the claim cannot pass over the
when the debtor contracts with his creditor a property of the new debtor.
new debt which is substituted for the old
one, which is extinguished;
172.– When the novation takes place between the
creditor and one of the joint and several debtors, the
privileges and mortgages of the old claim can only be
2°. when a new debtor is substituted for the reserved on the property of the party contracting the
old one who is discharged by the creditor; new debt.

173.– By the novation made between the creditor and

3°. when by the effect of a new commitment, one of the joint and several debtors, the co-debtors
158.– The costs of real offers and a new creditor is substituted for the old are released.
consignment are borne by the creditor if one, towards whom the debtor is The novation effected with regard to the principal
they are valid. discharged. debtor releases the sureties.
Nevertheless, if the creditor has demanded, in the
159. – As long as the deposit has not been first case, the accession of the co-debtors, or, in the
accepted by the creditor, the debtor may 164.– Novation can only take place between second, that of the sureties, the old debt subsists, if
withdraw it; and if he withdraws it, his co- persons capable of contracting. the co-debtors or the sureties refuse to accede to the
debtors or sureties are not released. new arrangement.

165. – Novation is not presumed, the will to

160. – When the debtor has himself effect it must clearly result from the act. SECTION 3. Remission of Debt.
obtained a judgment which has become
res judicata, which declared his offers and 174. – Voluntary delivery of the original title under
his consignment good and valid, he can 166. – Novation by the substitution of a new private signature by the creditor to the debtor, is proof
no longer, even with the consent of the debtor may take place without the assistance of the release.
creditor, withdraw his consignment to the of the first debtor.
detriment of his co-debtors or its sureties. 175.– Voluntary surrender of the minute or of the
167. – The delegation by which a debtor gives dispatch of the title presumes the surrender of the
to the creditor another debtor who binds debt or the payment, without prejudice to proof to the
161. – The creditor who has consented to himself towards the creditor, does not operate contrary.
the debtor withdrawing his deposit after it novation, if the creditor has not expressly
has been declared valid by a judgment declared that he intended to discharge his 176.– The delivery of the original title under private
which has acquired the force of res debtor who made the delegation. . signature, or of the minute of the title, to one of the
judicata, may no longer, for the payment joint and several debtors, has the same effect for the
of his debt, exercise the privileges or benefit of the co-debtors.
mortgages which were attached to it; there 168. – The creditor who has discharged the
is no longer any mortgageconsignment
that the was debtor by whom the delegation has been made 177.– Conventional delivery or discharge in favor of
has no recourse against this debtor, if the one of the joint debtors releases all the others, unless
delegate becomes insolvent, unless the deed the creditor
contains a reservation.

11
Machine Translated by Google

CIVIL CODE - BOOK III

has expressly reserved its rights against owner was unfairly robbed; 2°. the
them. request for the return of a deposit 192. – When the qualities of creditor and debtor
In the latter case, he can no longer and loan for use; 3°. of a debt which is come together in the same person, there is a
recover the debt except after deduction due to food that has been declared confusion of rights which extinguishes the two
on the part of the person to whom he has unseizable. claims.
made the remission.
193. – The confusion which takes place in the
178. – The delivery of the thing given as 186. – The surety may oppose compensation person of the principal debtor benefits his sureties.
collateral is not sufficient to make it for what the creditor owes to the principal
presumed that the debt has been delivered.debtor. That which takes place in the person of the
But the principal debtor cannot oppose surety does not entail the extinction of the principal
179.– The contractual remission or the compensation of what the creditor owes obligation.
discharge granted to the principal debtor the surety. That which takes place in the person of the
releases the sureties; that granted to the The joint and several debtor cannot creditor only benefits his solidary co-debtors for the
surety likewise oppose compensation for what the portion for which he was debtor.
does not release the principal debtor; creditor owes to his co-debtor.
that granted to one of the SECTION 6. Of the loss of the thing due.
sureties do not release others. 187. – A debtor who has purely and simply
accepted the assignment that a creditor has Art. perished or was lost without the fault of the
180. – What the creditor has received made of his rights to a third party can no debtor and before he was in default.
from a surety for the discharge of his longer set up against the assignee the
suretyship must be set off against the compensation that he could, before the
debt and turn to the discharge of the acceptance, set up against the assignor.
principal debtor and the other sureties.
With regard to the assignment which has
not been accepted by the debtor, but which Even when the debtor is in default, and if he has
SECTION 4. Compensation. has been notified to him, it only prevents the not taken charge of fortuitous events, the obligation
offsetting of claims subsequent to this is extinguished in the event that the thing had also
181. – When two persons find themselves notification. perished with the creditor, if it had been delivered
indebted to each other, a compensation to him.
takes place between them which 188. – When the two debts are not payable The debtor is required to prove the fortuitous event
extinguishes the two debts in the manner at the same place, set-off cannot be set up he alleges.
and in the cases expressed below. except by accounting for the costs of delivery. In whatever manner the stolen thing may have
perished or been lost, its loss does not exempt the
person who subtracts it from the restitution of the price.
182. – the set-off takes place 189. – When there are several compensable
automatically by force of law alone, even debts owed by the same person, the rules 195. – When the thing is perished, taken out of
without the knowledge of the debtors, established for imputation by article 154 are commerce or lost, without the fault of the debtor, he
the two debts are mutually extinguished followed for compensation. is bound, if there are any rights or actions in
the moment they happen to exist at the indemnity in relation to this thing to assign them to
same time, until competition of their his creditor.
respective quotas. 190. – Set-off does not take place to the
detriment of rights acquired by a third party. SECTION 7. Action for nullity or rescission
183. – Set-off only takes place between Thus the person who, being a debtor, has of agreements.
two debts which also have as their object become a creditor since the garnishment
a sum of money or a certain quantity of made by a third party in his hands, cannot, 196. – In all cases where the action for nullity or
fungible things of the same kind and to the detriment of the seizor, oppose the rescission of an agreement is not limited to a lesser
which are equally liquid and payable. compensation. time by a particular law, this action lasts ten years.

184. – The term of grace is not an
obstacle to compensation.
185. – Set-off takes place, whatever the
cause of one or other of the debts,
except in the
case :
1°. of the claim for restitution of a thing
whose
191. – A person who has paid a debt which This time only runs, in the case of violence, from
was, by right, extinguished by compensation, the day it ceased, in the case of error or fraud, from
can no longer, by exercising the claim for the day they were discovered.
which he has not opposed the compensation,
avail himself, to the detriment of third parties, CHAPTER VI
of privileges or mortgages which were Proof of obligations and proof of payment.
attached to it, unless he had just cause to
be unaware of the claim which was to
compensate his debt. 197. – A person who claims performance of an
obligation must prove it.
SECTION 5. Confusion.

12
Machine Translated by Google
Conversely, the person who claims to
be discharged must justify the payment or
the fact which produced the extinction of
his obligation.
198.– The rules concerning the literal,
presumptions,testimonial
admissionevidence,
of the
the party and
evidence
the oath, are explained in the following
sections.
SECTION 1. Documentary Evidence.
§ 1 – Authentic title.
199. – The authentic instrument is one
which has been received by public officers
having the right to instrument in the place
where the instrument was drawn up, and
with the required solemnities.
act which is not people with the same interest.mustauthentic by the
mention of the number of the originals which in defect
the failure to mention that parties. the originalswriting
cannot be opposed as a result, in the margin or
possession is authentic, although convention carried
debtor.
201. – The authentic instrument is proof of
the agreement it contains between the
contracting parties and their heirs or
assigns until written proof to the contrary.
202. – The act, whether authentic or under
private seal, is authentic between the
parties, even of what is expressed therein
only in enunciative terms, provided that the
enunciation has a direct relationship to the
provision. Statements extraneous to the
of proof. from merchants, craftsmen, labourers,
disposition can only serve as a beginning
winegrowers, day laborers and service people.
203. – Counter-letters can have their effect
only between the contracting parties, they
have no effect against third parties.
§2 - Of the private deed.
204. – A deed under private signature,
recognized by the person to whom it is
opposed or legally held to be recognized
has, between those who subscribed to it
and between their heirs and successors,
the same faith as the authentic deed.
CIVIL CODE - BOOK III
205. – A person against whom a private deed 1°. if he or one of those who subscribed to the deed is
is opposed is obliged to formally admit or dead, the deed then has a certain date of the day
disavow his handwriting or his signature. of death. 2°. if the substance of the act is
established by authentic acts; the act, in this case, has
His heirs or having can content themselves a certain date of the day of these acts.
with declaring that they do not know the writing
or the signature of their author.
211.– The registers of merchants do not constitute,
against non-merchant persons, proof of the supplies
206. – In the event that the party disavows his entered therein, except what will be said with regard to
writing or his signature, and in the event that the oath.
his heirs having cause declare that they do not
know them, the verification thereof is ordered 212. – The books of merchants are proof against them,
in court. but he who wants to take advantage of them cannot
divide them into what they contain that is contrary to
207. – Deeds under private signature which his claim.
contain synallagmaticonly
agreements
insofar been
as
are
they
valid
made
have
in
as many originals as there are parties having 213. – Registers and domestic papers do not constitute
a distinct interest. a title for the person who wrote them. They are
authoritative against him: 1°. in all cases where they
formally state a payment received: 2°. when they
One original is enough for every 200. – The contain the express mention that the note was
contain the incapacity
incompetenceof the orofficer,
Each original
or by made to compensate for the lack of title in favor of the
of form,
private writingisifvalid as having
he signed been made.
Nevertheless, person for whose benefit they state an obligation.
have been
put bymade in duplicate,
the creditor 214.– The
in triplicate, etc.,
executed
on the back
on hisof part
a title
the
which
alwaysis the
remained
one who in its
whenin itthe
tends
act. to
notestablish
signed nor
thedated
release
byof
him,
the
208. – The note or the promise under private The same applies to the writing put by the
seal by which only one party undertakes creditor on the back, or in the margin, or following the
towards the other to pay him a sum of money duplicate of a title or receipt, provided that this
or an appreciable thing, must be written in full duplicate is in the hands of the debtor.
in his hand a voucher or an approved, bearing
in full the sum or quantity of the thing. § 3 - Recognitive and confirmatory acts.
215.– Recognitive acts do not dispense with the
Except in the case where the act emanates representation of the primordial title unless its content
is specifically related therein.
What they contain in addition to the primary
title, or what is different therein, has no effect.
209. – When the sum expressed in the body of
the deed is different from that expressed in the Nevertheless, if there were several conforming
voucher, the obligation is presumed to be only acknowledgments, supported by possession, one of
of the lesser sum, even when the deed and the which was thirty years old, the creditor could be
voucher are written in full by the hand of him exempted from representing the primary title.
who has bound himself, unless it is proven
which side is in error.
216. – The act of confirmation or ratification of an
obligation against which the law admits the action for
210.– Deeds under private signature only have nullity or rescission, is valid only when the substance
a certain date vis-à-vis third parties when of this obligation is found therein, the mention of the
antedating has become impossible. reason for the action for rescission and the intention to
remedy the defect on which this action is based.
This is particularly so:
In the absence of an act of confirmation or
ratification, it suffices that the obligation be
13
Machine Translated by Google
performed voluntarily after the time 221. – If, in the same action, a party
when the obligation couldconfirmed
be validly makes several demands of which there
or ratified.
The confirmation, ratification or
voluntary execution in the forms
and at the time determined by the
law, entails the renunciation of the and that they were formed at different
means and exceptions that one
could oppose against this act,
without prejudice however to the
rights of third parties.
SECTION 2.
Testimonial evidence.
217.– Authentic deed or private
signature must be passed for all
things exceeding the sum or value
of two thousand francs, even for
voluntary deposits, and no evidence
is received by witnessesand against
in
addition to the content of the deeds
or on what would be alleged to
have been said before, during or
since the acts, even if it is a
question of a lesser sum or value
of two thousand francs.
Nevertheless, commercial
commitments may be evidenced
by testimonial evidence in all cases
where the court deems it necessary
to admit it.
- The words two thousand result from the decree of
June 16, 1947.
218. – The above rule applies to the
case where the action contains, in
addition to the demand for capital, a
demand for interest which, together
with the capital, exceeds the sum of This second exception applies:
two thousand francs.
- See the D. of June 16, 1947.
Art.
- See the D. of June 16, 1947.
220. – Testimonial evidence, on the
request of a sum even less than
two thousand francs, cannot be
admitted when this sum is declared
to be the remainder or to form part
of a stronger claim which is not
proven in writing. . - see D; of June
16, 1947.
CIVIL CODE - BOOK III
is no title in writing, and that, joined
together, they exceed the sum of two
thousand francs, the proof by witnesses
cannot be admitted, although the party
alleges that these claims
different
arise
causes,
from
times, if it were not that these rights
proceeded, by succession, gift or
otherwise, from different persons. -
see D; of June 16, 1947.
222. – All requests, for whatever
reason, which will not be fully justified
in writing, will be formed by the same
act, after which other requests for
which there will be no proof in writing
will not be received. .
223.– The above rules are subject to
exceptions when
commencement
there is ain writing.
of proof
This is called any act in writing which
is issued by the person against whom the
claim is made, or by the person whom he
represents, and which makes the alleged
fact probable.
-
The text of the soundtrack bears below although it is
obviously necessary above: the text reproduced by the
Congolese legislation being that
of article 1347 of the Belgian Civil Code.
224.– They are still subject to
exceptions whenever it has not been
possible for the creditor to obtain
written proof of the obligationhas
which
been
contracted towards him.
1°. obligations arising from quasi-
contracts and torts or quasi-torts;
2°. to the necessary deposits
made in the event of fire, ruin, tumult
or shipwreck, and to those made
by travelers staying in a hotel, all
according to the quality of the
persons and the circumstances
of the event; 3°. to the obligations
contracted in the event of
unforeseen accidents, where one
could not have made acts in
writing; 4°. in the event that the
creditor has lost the title which
served him as documentary evidence,
following a fortuitous, unforeseen
event and resulting from a force
majeure.
SECTION 3. Presumptions.
225.– Presumptions are consequences that
the law or the judge draws from a known fact
to an unknown fact.
$ 1 – Presumptions established by law.
226. – Legal presumptions are those which are
attached by a special law to certain cases or to
certain facts; such are:
1°. the cases in which the law declares
ownership or release to result from
certain specified circumstances; 2°.
the authority that the law attributes to res
judicata; 3°. the force which the law
attaches to the admission of the party or
to his oath.
227. – The authority of res judicata takes place
only with regard to what was the subject of the
judgment. The thing requested must be the
same; that the claim be based on the same
cause, that the claim be between the same
parties, and brought by them and against them
in the same capacity.
228.- A legal presumption exempts from all
proof the person for whose benefit it exists.
No proof is admitted against the
presumption of the law, when, on the basis
of this presumption, it annuls certain acts or
denies legal action, unless it has reserved
proof to the contrary, and except that which
will be said on the oath and the judicial
confession.
§ 2 - Presumptions which are not
established by law.
229. – Presumptions which are not established
by law are left to the enlightenment and
prudence of the magistrate, who must only
admit serious, precise and concordant
presumptions, and only in cases where the
law admits testimonial evidence, unless the
act is challenged for fraud or fraud.
SECTION 4. Party Admission.
230.– A confession which is opposed to a party is
either extrajudicial or judicial.
231. – The allegation of a purely verbal
extrajudicial confession is useless whenever
it is a question of a request for which
testimonial evidence would not be admissible.
14
Machine Translated by Google

CIVIL CODE - BOOK III

232. – The judicial admission is no prima facie evidence of the claim or And that referred to the surety benefited
the declaration made in court by exception upon which it is brought. the principal debtor.
the party or his special attorney. In the latter two cases, the oath of the joint
and several co-debtor or surety benefits the
He makes full faith against the one who Art. other co-debtors or the principal debtor only
made him. when it has been deferred on the debt, and not on
It cannot be divided against him. the fact of solidarity or suretyship.
It cannot be revoked unless it is
proved that it was the result of an §2 - Of the oath submitted ex officio.
error of fact. It cannot be revoked
on the pretext of an error of law. 242. – The judge may defer to one of the
238. – The oath cannot be referred parties the oath, either to make the decision
when the fact which is the object of it of the case depend on it, or only to determine
SECTION 5. Oath. is not that of the two parties, but is the amount of the condemnation.
purely personal to the person to whom
233.– The judicial oath is of two the oath had been referred. 243. – The judge may only defer the oath ex
kinds: officio, either on the request or on the
239. – When the deferred or referred exception which is opposed to it, under the
1°. that which one party defers to oath has been made, the adversary is following two conditions: it must:
another to make the judgment not admissible to prove its falsity. 1°. the request or exception is not fully
of the cause depend on it, is justified; 2°. that she is not totally
called decisive; 2°. that which 240.– The party who deferred or referred devoid of
is referred ex officio by the judge the oath can no longer retract when the proofs.
to one or other of the parties. adversary has declared that he is ready Apart from these two cases, the judge must
to take this oath. either award or purely and simply reject the request.

§1 - Of the decisive oath.
234. – The decisive oath may be
deferred on any kind of dispute
whatsoever.
235.– It can only be referred on a
personal matter to the party to
whom it is referred.
236.– It may be referred in any
event, and even though there is no
241. – The oath made constitutes proof only
for the benefit of the person who referred it
or against him, and for the benefit of his
heirs and assigns or against them.
Nevertheless, the oath made by
one of the solidary creditors to the
debtor releases the latter only on the
part of this creditor.
The oath given to the debtor
principal also releases the sureties;
That referred to one of the debtors
solidarity benefits co-debtors;
244. – The oath given by the judge to one of
the parties cannot be referred by it to the
other.
245. – The oath on the value of the thing
requested may be referred by the judge to
the plaintiff only when it is otherwise
impossible to ascertain this value.
The judge must even, in this case,
determine the sum up to which the plaintiff
will be believed on his oath.

TITLE II

COMMITMENTS FORMED WITHOUT AGREEMENT

246.– Certain commitments are
formed without any agreement, or
on the part of the person to whom
he is obligated.
Some result from the sole
authority of the law, others arise
from an act personal to the person
who finds himself obliged.
are
The former formed covenants
involuntarily, such as those between
neighboring landlords.
Commitments that arise from a
personal act of the one who finds
himself obliged.
The first are
commitments shapes
unintentionally, such as those between Art. complete until the owner is in a condition
neighboring owners. to provide for it himself; he must also take
Commitments which arise from an act care of all the dependencies of this same
personal to the person who finds himself business.
obliged result either from quasi-contracts,
or from offenses or quasi-offences; they
are the subject of this title.
CHAPTER ONE
Quasi-contracts. He submits to all the obligations that
would result from an express mandate given
247. – Quasi-contracts are purely to him by the owner.
voluntary acts of man, from which
there results any commitment towards 249. – He is obliged to continue his
a third party, and sometimes a management, even if the master dies before
reciprocal commitment of the two parties.the business is consummated, until the heir
has been able to take over the management.

15
Machine Translated by Google
250.– He is required to take the
management of the case with all
the care of a good father. However,
the circumstances which led him
to take charge of the case may
authorize the judge to moderate
the damage interest resulting from
the fault or negligence of the
manager.
Art. useful or necessary expenses he
has made.
252. – Whoever receives by mistake or
knowingly what is not due to him,
undertakes to restore it to the person from
whom he has received it unduly.
253. – When a person who, by mistake,
believed himself to be a debtor, has
acquitted a debt, he has the right of
recovery against the creditor.
Nevertheless, this right ceases in the
event that the creditor has withdrawn his
title as a result of the payment, except
for the recourse of the person who paid
against the real debtor.
CHAPTER I Of the
nature and form of the
sale.
263. – The sale is an agreement by
which one undertakes to deliver a
thing, and the other to pay for it.
It can be done by deed
authentic or under private signature.
Art. delivered or the price paid.
265.– The sale may be made purely
and simply, or under a
CIVIL CODE - BOOK III
254. – If there has been bad faith on the
part of the person who received, he is
bound to return both the capital and the
interest or the fruit, from the day of payment. 260. – One is responsible not only for the
Art. is even liable for its loss by fortuitous also for that which is caused by the act of the
event, if it has received it in bad faith.
256. – If the person who received in good
faith has sold the thing, he must return only
the price of the sale.
257. – The person to whom the thing is
returned must take into account, even to
the possessor in bad faith, all the
necessary and useful expenses that have prove that they were unable to prevent the
been incurred for the preservation of the thing.
CHAPTER II
Delicts and quasi-delicts.
258. – Any act whatsoever of man
which causes damage to another
obliges the person by whose fault it
occurred to repair it.
259.– Everyone is responsible for the
damage he has caused, not only
TITLE III
SALES
resolving that is suspensive, that is
condition.
It may also have as its object two
or more alternative things.
In all these cases, its effect is
governed by the general principles of
the agreements.
266. – When goods are not sold en bloc,
but by weight, count or measure, the
sale is not perfect, in the sense that the
things sold are at the risk of the seller
until they are weighed, counted or
measured, but the buyer may demand
either their delivery or damages, if
applicable, in the event of non-
performance of the commitment.
267.– If, on the contrary, the goods have
been sold en bloc, the sale is
by his act, but also by his negligence or his
imprudence.
damage one causes by one's own act, but
persons for whom one is answerable, or of
the things one has in one's custody.
The father, and the mother after the death of the
husband, are responsible for the damage caused by
their children living with them.
Masters and principals, for damage
caused by their servants and servants in the
functions for which they have employed them.
Teachers and craftsmen, from the damage
caused by their pupils and apprentices during
the time they are under their supervision.
The above liability takes place, unless the
father and mother, teachers and craftsmen
fact which gives rise to this liability.
Art. he was lost or escaped.
262.– The owner of a building is liable for
damage caused by its ruin when it occurs as a
result of lack of maintenance or faulty
construction.
perfect, although the goods have not yet
been weighed, counted or measured.
268. – With regard to wine, oil and other
things which one is in the habit of tasting
before making the purchase, there is no sale
as long as buyer has not tasted and approved
them.
269.– A trial sale is always presumed to
have been made under a condition precedent.
270.– The promise of sale constitutes sale,
when there is reciprocal consent of the two
parties on the thing and on the price.
271.– If the promise of sale was made with a
deposit, each of the contracting parties is free
to dispose of it.
He who gave them, by losing them; and
the one who received them by returning the double.
16
Machine Translated by Google

CIVIL CODE - BOOK III

272.– The sale price must be 281. – Delivery is the transfer of the imminent loss of the price unless the buyer
thing sold into the power and
determined and designated by the parties. gives him surety to pay at the end.
possession of the buyer.
273.– However, it may be left to the
arbitration of a third party, if the third 282.– The obligation to deliver the 291.– The thing must be delivered in the state it is in at
party does not want or cannot make buildings is fulfilled on the part of the the time of sale.
the estimate, there is no sale. seller when he has handed over the Since that day, all the fruits belong to the
keys, if it is a building, or when he has purchaser.
274.– The costs of deeds and other handed over the title deeds.
accessories to the sale are the 292. – The obligation to deliver the thing
responsibility of the buyer. 283. – The delivery of movable effects includes its accessories, and everything that
takes place: either by actual tradition has been intended for its perpetual use.
CHAPTER II or by handing over the keys of the
Things that can be sold. buildings which contain them, or 293.– The seller is required to deliver the
even by the sole consent of the parties, contents as stated in the contract, subject to
if they cannot be transported at the the modifications expressed below.
275. – Anything that is in commerce time of the sale or if the buyer already
can be sold, when particular laws had them in his power in another 294.– If the sale of a building has been made with
have not prohibited its alienation. capacity. an indication of the capacity, on the basis of the
measure, the seller is obliged to deliver to the
purchaser, if he so requires, the quantity indicated
276. – The sale of another person's 284. – The tradition of incorporeal rights is in the contract.
thing is void, it may give rise to made either by the handing over of titles, And if the thing is not possible for him, or
damages when the buyer was unaware that or by the use that the purchaser makes of if the buyer does not demand it, the seller is
the thing belonged to another person. them with the consent of the seller. obliged to suffer a proportional reduction in
the price.
285. – The costs of delivery are borne
277.– The estate of a living person by the seller and those of removal by 295.– If, on the contrary, in the case of the
cannot be sold, even with his consent. the buyer, if there has been no preceding article, there is a capacity greater
stipulation to the contrary. than that expressed in the contract, the
purchaser has the choice of providing the
278. – If at the time of the sale, the 286. - Delivery must take place at the additional price, or of withdrawing from the
thing sold had completely perished, place where the thing which is the contract, if the excess is one-twentieth above
the sale would be void. subject of it was at the time of the sale, the declared capacity.
If only part of the thing has unless otherwise agreed.
perished, it is up to the purchaser to 296.– In all other cases, either the sale is
abandon the sale or to ask for the 287.– If the seller fails to make the made with a certain and limited body;
retained part, having the price delivery within the time agreed between or that it relates to distinct and separate
determined by breakdown. the parties, the purchaser may, at his funds; either it begins with the measurement,
option, request the resolution of the or with the description of the object sold
sale or his taking possession, if the followed by the
CHAPTER III delay is only due to the seller. . measure,
Obligations of the seller the expression of this measure does not
288.– In all cases, the seller must be
give rise to any additional price, in favor of the
SECTION 1. General seller, for the excess of measure, nor in favor
ordered to pay damages if the purchaser
Provisions. of the purchaser, to any reduction in the price
is harmed by the failure to deliver on the
agreed date. for lesser measure, than as much as the
279.– The seller is required to difference of the actual measurement to that
clearly explain what he is obligated expressed in the contract is one-twentieth
to do. 289.– The seller is not bound to deliver more or less, having regard to the value of all
Any obscure or ambiguous pact is the thing if the buyer does not pay the the objects sold, if there is no stipulation to the contra
interpreted against the seller. price, and the seller has not granted
him a release for payment. Art. , with interest if he kept the building.
280.– He has two main obligations,
that of delivering and that of Art. found in danger
guaranteeing the thing he sells.

SECTION 2. Delivery.

17
Machine Translated by Google

CIVIL CODE - BOOK III

298.– In all cases where the buyer has
the right to withdraw from the contract,
the seller is bound to reimburse him, in
addition to the price if he has received
it, the costs of this contract.
305.– Although it is said that the seller
will not be subject to any guarantee, he
remains however bound by that which
results from a fact which is personal to
him, any agreement to the contrary is void.
or approval, which the latter has made to the
fund.
Art. he can cancel the sale.

299.– The action for a price
supplement on the part of the seller,
and that for a price reduction or
termination of the contract on the part
of the purchaser, must be brought
within one year from the date of the
contract, disqualification penalty.
306.– In the same case of stipulation
of non-guarantee, the seller, in the
event of eviction, is bound to refund
the price, unless the purchaser was
aware during the sale of the danger of Art. time of the eviction, in proportion to the total
eviction, or that he has purchased at price of the sale, whether the thing sold has
his peril and risk. increased or decreased in value.

300.– If two bottoms have been 307.– When the guarantee has been promised, and no
sold by the same contract, and for or when nothing has been stipulated on this
one and the same price with subject, if the purchaser is evicted, he has the
designation of the size of each, and right to claim against the seller:
there is less capacity in one and 1°. refund of the price;
more in the other , one makes 2°. that of the fruits, when he is 315.– If the inheritance sold is encumbered, without
compensation up to due amount, obliged to return them to the owner any declaration having been made, with servitudes
and the action, either in supplement, who evicts him; 3°. the costs not apparent, and that they are of such
or in reduction of the price, takes incurred on the buyer's warranty importance that there is reason to presume
place only according to the rules established above.
claim and those incurred by the that the purchaser would not have purchased
original plaintiff; 4°. finally, the if he had been instructed, he may request the
301.– The question of knowing on damages and interest as well as termination of the contract, if he prefers not to
which of the seller or the purchaser, the fees and loyal costs of the settle for compensation.
must fall the loss or the deterioration contract.
of the thing sold before the delivery, 316.– The other questions to which the
is judged according to the rules Art. no less obliged to return the full price. damages resulting for the purchaser from
prescribed in the title: Contracts or non-execution of the sale may give rise must
conventional obligations in general. be decided according to the general rules
established under: Contracts or conventional
obligations in general.
SECTION 3. Warranty.
317.– The guarantee for eviction ceases when
302.– The warranty that the seller the purchaser has allowed himself to be
owes the purchaser has two 309.– But if the purchaser has profited condemned by a judgment of last resort, or
purposes: the first is peaceful from the damage done by him, the whose appeal is no longer admissible, without
possession of the thing sold, the seller is entitled to withhold from the calling his seller, if the latter proves that there
second, the hidden defects of this price a sum equal to this profit. were sufficient means to have the request rejected.
thing or the redhibitory defects.
310.– If the thing sold is found to have § 2 – Warranty against defects in the
§ 1 - Guarantee in the event of eviction. increased in price at the time of the thing sold.
eviction, independently even of the
303.– Although at the time of the fact of the purchaser, the seller is 318.– The seller is bound by the guarantee
sale no stipulation was made on bound to pay him what it is worth for hidden defects in the thing sold which
the guarantee, the seller is legally above the selling price. . render it unfit for the use for which it is
obliged to guarantee the purchaser intended, or which diminish its use so much
of the eviction that he suffers in all 311.– The seller is required to that the buyer would not have acquired it, or
or part of the object sold, or charges reimburse or have reimbursed to the would have paid a lesser price for them, if he had th
claimed on this object, and not purchaser, by the person who evicts known.
declared at the time of the sale. him, all useful repairs and improvements
that he has made to the property. 319.– The seller is not liable for apparent
304.– The parties may, by specific defects of which the buyer has been able to
agreements, add to this legal obligation, 312.– If the seller had sold other convince himself.
or reduce its effect, they may even agree people's property in bad faith, he will
that the seller is not subject to any be obliged to reimburse the purchaser 320. – He is liable for hidden defects,
guarantee. for all expenses, even voluptuary even if he did not know of them, unless, in

18
Machine Translated by Google
In this case, he has not stipulated that he will
not be bound by any guarantee.
321.– In the case of articles 318
and 320, the buyer has the choice
of returning the thing and having
the price refunded, or keeping the
thing and having part of the price
refunded, as arbitrated by experts.
Art.
Art.
332.– The resolution of the sale of the
building is pronounced immediately if
the seller 324.– If the thing which hadperished
defects isasinadanger
price. quality, the loss is for the seller,may
If this
bedanger
the buyer a longer period or shorter restitution
circumstances.
compensation explained in the two previous articles.
But the loss happened by
fortuitous event will be for buyer's
account.
325.– The action resulting from
redhibitory defects must be brought
by the purchaser within sixty days,
not including the day set for delivery.
326.– It does not take place in sales
made by authority of justice.
CHAPTER IV
Obligations of the buyer.
327.– The main obligation of the
buyer is to pay the price on the day
and at the place settled by the sale.
328. – If nothing has been settled in this
respect at the time of the sale, the buyer
must pay at the place and at the time
when delivery must take place.
329.– The buyer owes interest on
the sale price until payment of the
capital, in the following three cases:
if it was so agreed during the
sale ;
CIVIL CODE - BOOK III
if the thing sold and delivered subject to restitution of the main price, and
produces fruits or other income; if the the reimbursement referred to in article 349.
buyer has been ordered to pay.
In the latter case, the interest accrues
only from the summons. 337.– The option of redemption cannot be
stipulated for a term exceeding five years.
Art. if he prefers not to give surety, or If it was stipulated for a longer term, it is
unless it has been stipulated that, reduced to that term.
notwithstanding the trouble, the buyer
will pay. 338.– The fixed term is strict and cannot be
extended by the judge.
339.– If the seller fails to exercise his
repurchase action within the prescribed
term, the purchaser remains the irrevocable owner.
331.– If the buyer does not pay the 340.– In the event of resale, the seller with a
price, the seller may ask for the resolution buyback agreement may claim the building
of the sale. against the second buyer.
341. – The purchaser by repurchase
agreement exercises all the rights of his
of its
result of losing
bad the
andthing
the seller: he can prescribe both against the real
bound does
to thenot
buyerexist,
to the judge
grant master and against those who claim rights or
of the price
depending
and other on the mortgages on the thing sold.
342.– He may oppose the benefit of the
This period passed without the purchaser discussion to the creditors of his seller.
having paid, the resolution of the sale will be
pronounced. Art. of the pact.
Art. he has not been put on notice by
a summons, the judge cannot grant
him a delay.
Art.
Art.
345. – The same applies if the person who has
sold an inheritance alone has left several heirs.
Each of these co-heirs can only use the
option of redemption for the part he takes in
the succession.
CHAPTER V Of 346.– But, in the case of the two preceding
the faculty of purchase. articles, the purchaser may require that all
the co-vendors or all the co-heirs be called
335.– Independently of the causes of into question, in order to reconcile themselves
nullity or resolution already explained for the recovery of the entire inheritance; and
in this title, and of those which are if they do not reconcile, he will be fired from
common to all agreements, the contract the request.
of sale may be resolved by exercising
the option of redemption. Art.
336.– The option of repurchase or
repurchase is a pact by which the seller
reserves the right to take back the thing sold,
19
Machine Translated by Google

CIVIL CODE - BOOK III

separately bring the action for
repurchase on the portion which
belonged to them.
And the purchaser cannot force
whoever exercises it in this way to
withdraw everything.
Art. between them.
But if there has been a division
of the inheritance, and the thing
sold falls to the lot of one of the
heirs, the action for repurchase may
be brought against him for the whole.
finds some that none of the copartners
can or will take; they are sold at
auction, and the price is shared
between the co-owners.
351. – Each of the co-owners is
entitled to request that foreigners be
called to tender.
CHAPTER VII
Transfer of receivables
and other incorporeal rights.
352.– In the transfer of a claim of a right
of action against a third party, delivery
takes place between the assignor and the
assignee by the handing over of the title.
358. – When he has promised the guarantee
of the debtor's solvency, this promise only
applies to the current solvency, and does not
extend to the time to come, if the assignor has
not expressly stipulated it.
359. – A person who sells an inheritance without
specifying the objects in detail is only required
to guarantee his status as an heir.
Art. has expressly reserved them at the time
of the sale.
Art. .

Art. this augmentation. He can only
take possession after having
satisfied all these obligations.
353.– The assignee is seized vis-à-vis
third parties only by notification of the
conveyance made to the debtor.
Nevertheless, the transferee can Art. assignee to pay the price of the
also be seized by the acceptance of assignment made to him.
the transport made by the debtor in an
authentic instrument.

354. – If, before the transferor or the

transferee had notified the debtor of the
When the seller returns to his transport, the latter had paid the transferor,
inheritance by the effect of the repurchase he shall be validly discharged. 363. – The thing is deemed litigious as soon as
agreement, he takes it back free of all there is a trial and a dispute on the merits of the law.
charges and mortgages with which the 355.– The sale or assignment of a
purchaser would have encumbered him, debt includes the accessories of the 364.– The provision made in article 362
he is required to execute the leases made debt, such as lien and mortgage. stop:

without fraud by the purchaser. .
CHAPTER VI
Bidding.
350.– If something common to
several cannot be shared
conveniently and without loss; or if
, in an over-the-counter
sharing of common goods, it is
356.– Anyone who sells a claim or other
incorporeal right must guarantee its
existence at the time of transport, even
though it is done without guarantee.
357.– He is liable for the solvency of the
debtor only when he has undertaken to do
so, and only up to the amount of the price
he has withdrawn from his claim.
1°. in the event that the assignment was
made to a co-heir or co-owner of the
assigned right.
2°. when it has been made to a creditor in
payment of what is due to him; 3°. when it
has been made to the possessor of the
inheritance subject to the right in dispute.

TITLE IV
EXCHANGE

365. – An exchange is a contract
by which the parties respectively
give one
thing for another.
366.– The exchange takes place,
by consent alone, in the same way
as the sale.
367. – If one of the copermutants has 368. – A co-permutant who is evicted from
already received the thing given to him the thing he has received in exchange has
in exchange, and he then proves that the choice of claiming damages, or repeating
the other contracting party is not the the thing.
owner of this thing, he cannot be
forced to deliver what 'he promised against – The rules prescribed for the counter
369.–
exchange, but only to return the one he sale apply to the exchange.
has received.

20
Machine Translated by Google
CHAPTER ONE General
provisions.
370.– There are two kinds of
contracts of hire: that of things,
and that of work.
371. – The rental of things is a
contract by which one of the parties
undertakes to give the other the
enjoyment of one for a certain time,
and in return for a certain price which
the latter undertakes to pay him.
372.– Work hire is a contract by
which one of the parties undertakes
to do something for the other, for a
price between them.
CHAPTER II
Of the hiring of things.
373.– You can rent all kinds of
movable or immovable property.
SECTION 1. Common rules for
house and property leases
rural.
374.– The lease is not subject to any
formal condition.
It is perfect between the parties as
soon as they have agreed on the thing
and the price.
The act which is drawn up only
serves as literal proof.
The general rules on
proofs apply to hire.
375.– The lessee has the right to
sublet, and even to assign his lease to
another, if this option has not been
prohibited to him.
It may be prohibited in whole or in
part.
This clause is still in force.
376.– The lessor is bound by the
nature of the contract, and without
the need for 1°.
anytoparticular
deliver the
stipulation:
leased
item to
the lessee;
CIVIL CODE - BOOK III
TITLE V
OF THE RENTAL AGREEMENT
2°. to maintain this thing in a state to be
used for the use for which it was
rented; 3°. to allow the lessee to
enjoy it peacefully during the term of the
lease.
377.– The lessor is required to deliver
the thing in good repair condition of any
kind.
He must make, during the term of the
lease, all the repairs that may become
necessary, other than the rental ones.
378.– A warranty is due to the lessee for
all faults or defects in the thing leased
which prevent its use, even if the lessor to have some right to the thing leased, or if the
was not aware of them at the time of the lessee is himself summoned to court to be
lease.
If any loss results for the lessee from or to suffer the exercise of any servitude, he
these vices or defects, the lessor is
required to compensate him.
Art. , request either a reduction in the
price, or even the termination of the
lease. In either case, there is no
compensation.
380.– The lessor may not, during the
term of the lease, change the form of
the thing leased.
Art. as they merge, from part of the
rented thing.
But if these repairs last more than forty
days, the price of the lease will be reduced
in proportion to the time and the part of the
thing rented of which it will have been
deprived.
If the repairs are of such a nature that
they render uninhabitable what is necessary
for the accommodation of the lessee and
his family, the latter may have the lease
terminated.
382.- The lessor is not required to indemnify
the lessee for the disturbance that third parties
bring by means of assault to his enjoyment,
without claiming any right to the thing leased,
except for the lessee to sue them in his
personal name. .
383. – If, on the contrary, the lessee or the tenant
have been disturbed in the enjoyment as a result
of an action concerning the ownership of the
land, they are entitled to a proportionate reduction
in the price of the rental or farm lease, provided
that the disturbance and the impediment have
been reported to the owner.
384. – If those who committed the assault claim
condemned to abandon all or part of this thing,
must call the lessor in guarantee, and must be
put out of court, if he demands it, by naming
the lessor for whom he possesses.
385.– The lessee is bound by two main
obligations: 1°. to use the thing leased as a
good father, and according to the
destination given to it by the lease, or
according to that presumed according
to the circumstances, in the absence
of an agreement; 2°.of to
thepay
the
lease
the
terms
under
price
agreed.
Art. 3 of AL No. 001/28 of April 13, 1966 (BOB.p. 223)
provides: "Any rent expressed in a monetary unit other
than the Burundi franc is automatically converted into
the latter currency at the official exchange rate ".
386.– If the lessee uses the thing leased for a
use other than that for which it was intended, or
which may result in damage to the lessor, the
latter may, depending
have the lease
on theterminated.
circumstances,
387. – If an inventory has been made between
the lessor and the lessee, the latter must return
the thing as he received it, according to this
summer, except for what has perished or been
damaged by outdated or force majeure.
388.– If no inventory has been made, the lessee
is presumed to have received them in a good
state of rental repair, and must return them as
such, unless proven otherwise.
21
Machine Translated by Google

CIVIL CODE - BOOK III

389. – He is liable for damage or 397.– The rental contract is terminated certain, the purchaser is not liable for any
losses that occur during his by the loss of the thing rented, and by damages.
enjoyment, unless he proves that the respective failure of the lessor and
they occurred without his fault. the lessee to fulfill their commitments. 407. – The purchaser under a repurchase
agreement may not exercise the option of evicting
390.– He is liable for the fire, unless 398.– The rental contract is not the lessee until, by the expiry of the period fixed
he proves: that the fire happened terminated by the death of the lessor, for the repurchase, he becomes the incommutable owner.
by fortuitous event or force majeure, nor by that of the lessee.
or by construction defect; or that SECTION 2. Special rules for rental
the fire was communicated by a Art. . leases.
neighboring house.
- OM n° 040/339 of September 14, 1967 (BOP p. 414)
created a commission responsible for studying the
regulation of the price of rental leases and the
391.– If there are several tenants, development of an overall housing policy in Bujumbura .
all are jointly and severally liable See also note under articles 385 and 393.
for the fire: unless they prove that
the fire started in the dwelling of 400.– If it has been agreed, during the 408.– A tenant who does not furnish the
one of them, in which case that one lease, that in the event of sale the house with sufficient furniture may be evicted
alone is bound: purchaser could evict the tenant or unless he gives security capable of meeting
tenant, and that no stipulation has the rent.
or that some do not prove that been made on damages, the lessor is
the fire could not have started in bound to indemnify the farmer or 409.– The sub-tenant is liable to the owner
their home, in which case those lessee of the next mine. only up to the amount of the price of his sub-
are not bound by it. lease which he may be indebted at the time
401.– In the case of a house, apartment of seizure, and without being able to oppose
392.– The lessee is liable for or shop, the lessor pays, as damages, payments made in advance.
damage and losses that occur to the evicted tenant, a sum equal to Payments made by the sub-tenant, either
through the actions of the persons the price of the rent, during the time of under a stipulation in his lease or as a result
in his house or his sub-tenants. the premises, is granted between leave of the use of the premises, are not deemed
and departure. to be made in advance.
393.– The lease automatically ends
with the expiration of the time for which 410.– Rental repairs or minor maintenance for
contracted without the need ittohas
givebeen Art. which the tenant is required, if there is no clause
notice. If the lease has been made to the contrary, are those designated as such
without a fixed term, it only ends with by the usage of the premises.
the notice that one of the parties gives
to the other, observing the time limits 411.– None of the deemed rental repairs is
fixed by the usage of the premises. 403.– The indemnity will be settled by the responsibility of the tenants, when they
As a temporary measure, AL no. 001/28 of expert in the case of manufactures, are only caused by obsolescence or force
April 13, 1966 (BOp 223) ensured the
factories or other establishments which majeure.
extension of certain leases until June 30,
1966, while granting a 15% increase in rents. require large advances.
412.– The lease of a furnished apartment is deemed to
Art. holidays. be made on a yearly basis, when it has been made both by
394.– If, at the end of the leases year:

which cease by operation of law, per month when it was done at so much per month
the lessee remains and is left in per day if it was done at so much per day.
possession, after the expiry of the If there is no evidence that the lease is made at so
conventional, legal or customary much per year, per month or per day, the rental is deemed
term, a new lease takes place by He must also notify the farmer of to be made according to the use of the premises.
the tacit consent of the lessee. and therural properties at least one year in advance.
lessor.
Art. of the premises, and may no longer leave
395.– When there is notice of 405.– Farmers or tenants cannot be or be expelled therefrom except after a notice
notice, the lessee, although he has evicted until the lessor, or failing that, given according to the time limit fixed by the
continued his enjoyment, cannot the new buyer, has paid the damages usage of the premises.
invoke tacit renewal. explained above.

396.– In the case of the two preceding

articles, the security given for the 406.– If the lease is not made by
lease does not extend to the authentic deed, or has no date
obligations resulting from the extension.

22
Machine Translated by Google
414.– In the event of terminations
through the fault of the tenant, the latter
is required to pay the price of the lease
for the time necessary for the re-letting
without prejudice to any damages that
may have resulted from the abuse.
415.– The lessor may cancel the
rental, although he declares that he
wishes to occupy the rented house
himself, if there has been no
agreement to the contrary.
Art.
SECTION 3. Special
rules for farm leases.
Art. a use other than that for which
it was intended, or, in general, if he
does not execute
leasethe
andclause
this results
inof the
his
damage to the lessor, the latter
may, depending on the
circumstances, terminate lease.
In the event of termination due
to the lessee, the latter is liable for
damages.
418. – Any lessee of rural property is
required to store in the premises intended
for it according to the lease.
Art.
Art. , unless it is compensated
previous harvests.
by them
CIVIL CODE - BOOK III
If he is not compensated, the enjoyment, and even if he has not received
estimate of the discount can only take them, the owner may retain them according
place at the end of the lease, at which to the estimate.
time he is compensated for all the
years of enjoyment. CHAPTER III
And yet the judge can temporarily Hiring of work and industry.
exempt the lessee from paying part of
the price because of the loss suffered. 427.– There are three main types of hiring of
work and industry: 1°. the hiring of
hardworking people who commit
421.– If the lease is only for one year, themselves to someone's service;
and the loss is all or at least half of the 2°. that of carriers, both by land and by
fruits, the lessee will be discharged water, who are responsible for
from a proportional part of the rental transporting people or goods; 3°.
price. that of building contractors as a result of
He will not be able to claim any discount quotes or contracts.
if the loss is less than half.
SECTION 1. Hiring of servants and
Art. share of the loss, provided that the workmen.
lessee was not in default to deliver to
him his portion of harvest. 428.– One can engage one's services
only on time or for a specific undertaking.
SECTION 2. Hire or contract of
service […].
429.– Hiring or contract of service […] is
The tenant cannot also ask for a regulated by a special law.
discount when the cause of the (See Decree Law No. 1/037 of July 7, 1993 on
Revision of the Labor Code).
damage was existing and known at
the time when the lease was signed.
SECTION 3. Valets on the ground and by
water.
423.– The lessee may be responsible
for fortuitous events by express stipulation.
430. – Carriers by land and by water are
424.– This stipulation applies only to ordinary
subject, for the custody and preservation of
fortuitous cases, such as thunderstorms,
the things entrusted to them, to the same
tornadoes, fire from the sky.
obligations as the innkeepers mentioned in
It does not include extraordinary the title Deposit and Sequestration.
See CC book III art. 515 et seq.
fortuitous events, such as a flood or an
armed attack, to which the country is 431. – They answer not only for what they
not ordinarily subject, unless the lessee have already received in their building or car,
has been responsible for all the but also for what has been delivered to them
fortuitous events provided for or unforeseen. at the port or in the warehouse, to be placed
in their building or car.
425. – The outgoing farmer must leave
to the one who succeeds him in
432.– They are responsible for the loss of
cultivation, suitable accommodation and
and damage to the things entrusted to them,
other facilities for the work of the following
unless they prove that they were lost and
year, and conversely, the incoming
damaged by fortuitous event or force majeure.
farmer must provide the outgoing farmer
with suitable accommodation and other
facilities. for the consumption of fodder
433. – Contractors of public carriages by land
and for the crops still to be harvested.
and water, and those of public carriages,
In either case, one must conform to
must keep a register of the money, effects
the usage of the premises. and parcels of which they are responsible.
426.– The outgoing farmer must also
SECTION 4. Quotations and Contracts.
leave the straw and fertilizer for the
year if he received them when he entered
23
Machine Translated by Google

CIVIL CODE - BOOK III

Art. verification can be done in parts: it is 442.– The work contract is dissolved by the
deemed to be done for all the paid death of the worker, architect or contractor.
parts, if the master pays the workman
in proportion to the work done.
443.– But the owner is bound to pay in
439. – If the building erected at a high proportion to the price borne by the
435. – If, in the case where the price perishes in whole or in part by a agreement, to their estate, the value of the
workman provides the material, the defect in the construction, even by a works made and that of the materials
thing perishes, in any way defect in the ground, the architects and prepared, only when these works or these
materials can be useful to him.
whatsoever, before being delivered, contractors are responsible for it for ten years.
the loss is for the workman, unless
the master was in default of Art. or materials, nor under that of 444.– The contractor is liable for the persons
receiving the thing. changes or increases made on this he employs.
plan, if such changes or increases
Art. have not been authorized in writing, 445.– Masons, carpenters and other workers
and the price agreed with the owner. who have been employed in the construction
of a building or other works done by the
company have no action against the person
for whom the works have been done, except
437. – If, in the case of the preceding up to up to what he is indebted to the
article, the thing should perish, contractor, at the time when their action is
although without any fault on the part brought.
of the workman, before the work has
been received, and without the 446.– Masons, carpenters, locksmiths and
master being in default of to verify it, Art. in this enterprise. other workers who make contracts directly,
the workman has no wages to claim, on an agreed basis, are bound by the rules
unless the thing has perished by the prescribed in this section, they are contractors
defect of the material. in the part they deal with.

438.– If it is a work in several

pieces or made to measure, the

TITLE VI
OF THE LOAN

447. – There are two kinds of loan:
that of things which can be used without
destroying them; and that of things that are
consumed by the use we make of them.
The first kind is called loan for use
or commodat; The second is called
ready to
consumption or simply ready.
CHAPTER I Loan for
use, or commodat.
SECTION 1. Of the nature of the loan
for use.
450.– The lender remains the owner of use it only for the purpose determined
the thing loaned. by its nature or by the agreement; the
whole subject to damages, if applicable.
451. – Anything that is in commerce,
and that is not consumed by use, can 454. – If the borrower uses the thing for
be the object of this convention. another use, or for a longer time than
he should, he will be liable for the loss
452. – The commitments which are formed that occurs, even by fortuitous event.
by the commodat pass to the heirs of the
one who lends and to the heirs of the one Art. the other.
who borrows.
But if one has lent only in
consideration of the borrower, and to
him personally, then the heirs cannot
continue to enjoy the thing lent.

448.– This loan for use or commodat is Art.

a contract whereby one of the parties SECTION 2. Commitments
delivers something to the other to use it, of the Borrower.
on condition that the lessee return it
after having used it. 453. – The borrower is required to
ensure, as a father, the custody and 457.– If the thing deteriorates solely as
449.– This loan is essentially free. preservation of the thing loaned. He can not
a result of the use for which it was

24
Machine Translated by Google
borrower, he is not liable for the
deterioration.
458.– The borrower cannot retain the
thing by compensation for what the
lender owes him.
459. – If to use the thing, the borrower
has incurred some expense, he cannot
repeat it.
460.– If several have jointly borrowed
the same thing, they are jointly and
severally liable to the lender.
SECTION 3. Commitments of one
who lends for use.
461.– The lender may withdraw the thing
loaned only after the agreed term or, in
the absence of an agreement, only after it
has been used for the purpose for which it
was borrowed.
462. – Nevertheless, if during this period, - For building rental, emphyteusis or loan contracts concluded
or before the need of the borrower has
ceased, there arises to the lender a
pressing and unforeseen need for his
thing, the judge may, according to the
circumstances, oblige the borrower to to return.
463. – If, during the term of the loan,
the borrower has been obliged, for the
preservation of the thing, to some
extraordinary expense, necessary, and
so urgent that he could not prevent the
lender, the latter will be required to
reimburse it.
Art.
CHAPTER II
Consumer loan or
simple loan.
SECTION 1. Of the nature of the
consumer loan.
465.– A consumer loan is a contract by
which one of the parties delivers to
CIVIL CODE - BOOK III
the other a certain quantity of things
which are consumed by use, on the
latter's charge of returning to him as
many of the same species and quality.
466. – By the effect of this loan, the
borrower becomes the owner of the
thing lent; and it is for him that she
perishes, however that loss befalls.
467. – One cannot give, as a loan for
consumption, things which, although of
the same species, differ in the individual,
like animals: then, it is a loan for use.
468.– The obligation resulting from a
loan of money is always only for the
numerical sum stated in the contract.
If there has been an increase or
decrease in specie before the time of
payment, the debtor must return the
numerical sum lent, and must return
only this sum, in the specie current at
the time of payment.
prior to April 2, 1935 and where the debtor's obligations are
stipulated either in a quantity of gold, or in francs
with a guarantee clause by reference to gold, or by reference to
a foreign currency, the decree of April 19, 1935, compulsory in
Rwanda Urundi, sets specific rules for adaptation to new
economic conditions (BO 1935, p. 370).
- See also the note under art. 44. relating to the decree of April
20, 1935.
469.– The rule in the previous article
does not apply if the loan was made in
bullion.
470.– If it is ingots or foodstuffs that
have been lent, whatever the increase
or decrease in their price, the debtor
must always return the same quantity
and quality, and must return only that.
SECTION 2. Obligations of
the Lender.
471.– In the loan for consumption, the
lender is bound by the liability
established by article 464 for the loan
for use.
472.– The lender cannot reclaim the
things loaned, before the term
agreed.
473.– If no term has been set for
restitution, the judge may grant the
borrower a period of time depending on
the circumstances.
Art.
SECTION 3. Borrower's
Commitments.
475.– The borrower is required to return
the things loaned, in the same quantity and
quality, and at the agreed term.
476. – If it is impossible for him to satisfy
it, he is bound to pay its value in view of
the time and place where the thing was
to be returned according to the agreement.
If this time and place have not been
settled, payment is made at the price of
the time and place where the loan was made.
Art.
CHAPTER III Of
the loan at interest.
478. – It is permitted to stipulate interest
for a simple loan, either of money, or of
foodstuffs or other moveable things.
479.– A borrower who has paid interest
which was not stipulated may neither
repeat it nor deduct it from the capital.
480.– The rate of conventional interest
is determined freely by the contracting
parties, it is proven according to the law
common.
See Civil Code III, art. 131bis.
Art.
25
Machine Translated by Google
CHAPTER I Deposit in
general and its
various kinds.
482. – Deposit, in general, is an act by
which one receives the thing of another,
with the responsibility of keeping it and returning it
nature.
483.– There are two kinds of deposit: the
deposit proper and the sequestration.
CHAPTER II.
Of the deposit itself.
SECTION 1. Of the nature and
essence of the contract of deposit.
484.– The deposit itself is a rigor: essentially
deposit, 2° if he has stipulated a salary for keeping
485. – It may only have as its object
movable things.
486.– It is perfect only by the real or
feigned tradition of the thing deposited.
The feigned tradition suffices, when
the depositary is already secured, in some
other capacity, with the thing that one
agrees to leave it as a deposit.
487.– The deposit is voluntary or
necessary.
SECTION 2. Voluntary deposit.
488.– Voluntary deposit is formed by the
reciprocal consent of the person who made
the deposit and of the person who receives it. 497. – He must not seek to know what
489.– Voluntary deposit can only be
regularly made by the owner of the
thing deposited, or with his express or
tacit consent.
490.– Voluntary deposit must be proven same thing identically as he
in writing. Testimonial proof is not
received for the value exceeding two
thousand francs.
- The words two thousand result from the D. of June 16 as it was made, either in the case of an
1947.
Art . _
CIVIL CODE - BOOK III
TITLE VII
DEPOSIT AND RECEIVER
the thing which was the object of it, or for
the fact of its restitution.
See the D. of June 16, 1947.
492.– Voluntary deposit can only take
place between persons capable of
contracting.
SECTION 3. Duties of the
Custodian.
Art.
494.– The provision of the preceding
article must be applied with more than
hasfree contract.
offered 1° to
himself if the depositary
receive the
was made
the deposit;
solely for3°the
if the
interest
deposit
of
the depositary; 4° if it has been
expressly agreed that the depositary
will be liable for any type of fault.
495.– The depositary is not liable, in any
case, for accidents of force majeure,
unless he has been given formal notice
to return the thing deposited. thing has been stolen, and who is the real
owner, he must inform the latter of the
496.– He may not use the thing deposited deposit made to him, with a summons to
without the express or presumed claim it within a determined and sufficient
permission of the depositor.
things have been deposited with him,
whether they have been entrusted to
him in a closed chest or in a sealed
envelope.
498.– The depositary must return the
received.
Thus the deposit of moneyed sums
must be returned in the same species
increase or in the case of a decrease
in their value.
499.– The depositary is only required to
return the thing deposited in the state in
which it is at the time of restitution. The
deteriorations that did not occur by him
are the responsibility of the depositor.
500.– The depositary from whom the
thing was taken by force majeure, and
who received a price or something
instead, must return what he received in exchang
Art. did not touch the price.
502. – If the thing deposited has produced
fruits which have been collected by the
depositary, he is obliged to return them. He
does not pay any interest on the money
deposited, except from the day on which
he was put on notice to make restitution.
503.– The depositary must return the
thing deposited only to the person who
entrusted it to him. Or to him in whose
name the deposit was made, or to him
who was appointed to receive it.
504.– He may not require the person
who made the deposit to prove that he
was the owner of the deposit.
Nevertheless, if he discovers that the
period. If the person to whom the
denunciation has been made neglects to
claim the deposit, the depositary is validly
discharged by the tradition he has made of
it to the person from whom he received it.
505.– In the event of the death of the person
who made the deposit, the thing deposited
may only be returned to his heir.
If there are several heirs, it must be
returned to each of them for their share
and portion.
If the thing deposited is indivisible,
the heirs must agree among themselves
to receive it.
506.– If the deposit contract designates
the place in which restitution must be
made, the depositary is bound to bring the
26
Machine Translated by Google
thing deposited if there are transport
costs, they are borne by the depositor.
507.– If the contract does not designate
the place of restitution, it must be made in
the place of the same deposit.
508.– The deposit must be with the
depositor as soon as he claims it, even 517.They are not responsible for thefts
when the contract would have fixed a made with armed force or other force
specific time limit for restitution, unless majeure.
there is, in the hands of the depositary,
a garnishment, or opposition to the
return and removal of the thing deposited.
SECTION 1. Of the various kinds of
509.– All the obligations of the sequestration.
depositary cease if he comes to discover
and prove that he is himself the owner 518.– Sequestration is either conventional thing has been entrusted is subject to all
of the thing deposited. or judicial.
SECTION 4. Of the obligations of the
person by whom the deposit was
made.
Art.
511.– The depositary may withhold the
deposit until full payment of what is due to
him on account of the deposit.
SECTION 5. Necessary deposit.
512. – The necessary deposit is that
which has been forced by some
accident, such as fire, ruin, looting,
shipwreck or other unforeseen event.
513. – Evidence by witness may be
received for the necessary deposit,
even when it is a question of a value
above two thousand francs.
- The words two thousand resulting from the D. of June 16
1947.
514.– The necessary deposit is
moreover governed by all the rules set
out above.
515. – Innkeepers or hoteliers are
responsible, as depositaries, for the
effects brought by the traveler who
lodges with them: the deposit of these
kinds of effects must be regarded as a
necessary deposit.
CIVIL CODE - BOOK III
Art. hotel. custodian, reciprocal obligations, the
custodian must provide for the
preservation of the seized effects the
care of a good father.
He must represent them, either to the
discharge of the seizor for the sale, or to
the party against whom the executions
were made, in the event of the lifting of
the seizure.
The seizor's obligation is to pay the
guardian the salary fixed by law.
CHAPTER III 525.– Judicial sequestration is granted
Sequestration. either to a person whose interested
parties have agreed among themselves,
or to a person appointed ex officio by
the judge.
In either case, the person to whom the
the obligations resulting from conventional
sequestration.
SECTION 2. Conventional
sequestration. TITLE VIII
MANDATE
519.– Conventional sequestration is the
deposit made by one or more persons CHAPTER ONE Of the
of a disputed thing, in the hands of a nature and form of the mandate.
third party, who undertakes to return it,
the dispute over, to the person who will 526.– A mandate or power of attorney
be deemed to owe it. obtain. is an act by which one person gives
another the power to do something for
520.– The sequestration may not be free. the principal and in his name.
The contract is only formed by the
521.– When it is free, it is subject to acceptance of the agent.
the rules of deposit proper, except for
the differences set out below. 527.– The power of attorney may be
given either by authentic deed, or in
522. – The depositary in charge of the writing under private signature, even by
sequestration cannot be discharged, letter. It can also be given verbally; but
before the dispute is over,
consent of with the
all interested
the the testimonial proof of it is received
parties, or for a cause deemed legitimate. only in accordance with the title: Of
Contracts or Conventional Obligations
in General.
Acceptance of the mandate may
SECTION 3. Sequestration or only be tacit and result from the
Judicial Deposit. execution given to it by the agent.
523.– The court may order sequestration: 528.– The mandate is free of charge
1°. furniture seized from a debtor; 2°. unless otherwise agreed.
of an immovable or movable thing
the ownership or possession 529.– It is either special and for one
of which is disputed between two business, or certain business only, or
or more persons; 3°. things general and for all the business of the
that a debtor offers for his principal.
discharge.
530. - The mandate conceived in
general terms embraces only acts of
administration.
524.– The establishment of a legal guardian,
product, between the seizing party and the
27
Machine Translated by Google
If it is a question of alienating or mortgaging
or of any other act of property, the mandate
must be express.
531. – The agent cannot do anything beyond
what is stated in his mandate: the power to
compromise does not include the power to
compromise.
CHAPTER II
Obligations of the agent.
532.– The mandatary is required to perform the
mandate as long as he remains responsible for
it, and is liable for any damages and interest
that may result from his non-performance.
He is also bound to complete the thing
begun on the death of the mandate, if there is
danger in default.
533.– The agent is liable not only for fraud, but
also for the faults he commits in his management.
Nevertheless, liability for faults is applied
less rigorously to those whose mandate is free
than to those who receive a salary.
534. – Any mandatary is required to account
for his management and to account to the
principal for all that he has received by virtue of case would not have succeeded, nor have the
his power of attorney, even if what he would
have received would not have been due to the principal.
535.– The agent is responsible for the person
he has replaced in the management:
1°. when he has not received the power to
replace someone; 2°. when this power
was conferred on him without the designation
of a person, and when the person he
chose was notoriously incapable or
insolvent.
In all cases, the principal can act
directly against the person whom the
agent has replaced.
536. – When there are several attorneys or
representatives established by the same
deed, there is no joint liability between them
unless it is expressed.
537.– The mandatary owes interest on the
sums he has used for his own use,
CIVIL CODE - BOOK III
date from this employment, and from those of
which he is rescinded, from the day he is given
formal notice.
538. – The agent who has given the party with
whom he contracts in this capacity sufficient
knowledge of his powers, is not bound by any
guarantee for what has been done beyond if he
is not aware of it. personally submitted.
CHAPTER III
Obligations of the principal.
required to execute them, either in writing under private signature
in accordance with the power of attorney. which was given to him.
He is only bound by what may have been
done beyond that insofar as he has
or expressly
tacitly
ratified
it.
540.– The mandator must reimburse the
mandatary for the advances and costs that the
latter has made for the execution of the
mandate, and pay him his salaries when
promised.
If there is no fault attributable to the agent,
the principal cannot dispense with making these
reimbursements and payments, even when the
amount of the costs and advances reduced
under the pretext that they could be less.
541.– The mandator must also indemnify the
mandatary for the losses that the latter has
suffered during his management, without
imprudence attributable to him.
542.– Interest on advances made by the agent
is due to him by the principal, from the date of
the advances recorded.
543. – When the mandatary has been
constituted by several persons for a common
business, each of them is jointly and severally
liable towards him for all the effects of the
mandate.
CHAPTER IV Of
the different manners in
which the mandate ends.
544.– The mandate ends:
by the dismissal of the proxy; by the
latter's renunciation of the mandate; by the
death or discomfiture, either of the principal or
of the agent.
545.– The principal may revoke his power of
attorney, whenever he sees fit, and compel, if
necessary, the agent to 539.– The principal is
it, either contracted
the minute the whichby
or undertakings contains
agent,
546.– The revocation notified to the agent alone
cannot be opposed to third parties who have
dealt in ignorance of this revocation, except for
the principal's recourse against the agent.
547.– The appointment of a new representative
for the same matter constitutes revocation of
the first from the day on which it was notified to
the latter.
548.– The mandatary may renounce the
mandate, by notifying the mandate of his
renunciation.
However, if this waiver prejudices the
principal, he must be compensated by the
agent, unless the latter finds himself unable to
continue the mandate without experiencing
considerable prejudice himself.
549. – If the mandatary is unaware of the death
of the mandator, or of one of the other causes
which put an end to the mandate, what he has
done in this ignorance is valid.
550.– In the above cases, the agent's
commitments are performed with respect to
third parties in good faith.
551.– In the event of the death of the mandatary,
his heirs must give notice thereof to the mandate
and provide, in the meantime, with whatever
circumstances require for the latter's interest.
28
Machine Translated by Google

CIVIL CODE - BOOK III

TITLE IX
GUARANTEE

CHAPTER I Of the nature and which the creditor required such a sought because of the insolvencies that
extent of suretyship. person as surety. have occurred since the division.

CHAPTER II Effect Art.

Art. of suretyship.

SECTION 1. Effect of suretyship

between creditor and surety.

553.– The suretyship may not exceed

what is owed by the debtor, nor be 560.– The surety is only obliged towards SECTION 2. Effect of Suretyship
contracted under more onerous the creditor to pay it in the absence of between Debtor and Surety.
conditions. It can be contracted for part the debtor, who must be previously
of the debt only and under less onerous discussed in his possessions, unless
conditions. the surety has waived the benefit of 567. – The surety who has paid has recourse
Suretyship which exceeds the debt, discussion, or unless it is jointly and against the principal debtor, whether the
or which is contracted under more severally bound with the debtor; in which suretyship was given with the knowledge or
onerous conditions, is not void; it is only case the effect of his commitments is without the knowledge of the debtor.
reducible to the extent of the principal regulated by the principles which have This recourse takes place both for
obligation. the principal and for interest and costs,
been established for joint and several debts.
nevertheless the surety has recourse
Art. the surety, requires it, on the first We can also make surety, not proceedings only for the costs incurred by him since
directed against it. only of the principal debtor,
guaranteed
but alsohim.
of the person who he informed the principal debtor of the
proceedings directed against him.
She also uses for
damages and interest, if applicable.
562. – The surety who requires the
discussion must indicate to the creditor 568.– The surety who has paid the debt
555.– Suretyship is not presumed; it the property of the principal debtor, and is subrogated to all the rights that the
must be express, and it cannot be creditor had against the debtor.
advance the last sufficient to make the discussion.
extended beyond the limits within which
it was contracted. 563. – Whenever the surety has made 569. – When there were several principal
the indication of goods authorized by debtors jointly and severally liable for
556. – The indefinite suretyship of a the preceding article, and has provided the same debt, the surety who
principal obligation extends to all the the last sufficient for discussion, the guaranteed them all has, against each
accessories of the debt, even to the creditor is, up to the amount of the of them, recourse for the recovery of
costs of the first demand, and to all goods indicated, liable, with respect to the total of what it has paid.
those subsequent to the denunciation the surety, the insolvency of the principal
which is made to the surety. debtor arising from the failure to 570.– The surety who has paid a first
prosecute. time has no recourse against the
557.– The commitments of sureties principal debtor who has paid a second
pass to their heirs. 564. – When several persons have time, when she has not informed him of
become surety for the same debtor for the payment she has made, except her
558.– A debtor obliged to furnish a the same debt, they are each obliged action in recovery against the creditor.
surety must present one who has the to pay the entire debt. When the surety has paid without
capacity to contract and who has being prosecuted and without having
sufficient assets to answer for the object 565.– Nevertheless, each of them may, informed the principal debtor, he will have
of the obligation. unless it has waived the benefit of no recourse against him in the event that
division, demand that the creditor first at the time of payment, this debtor would
559. – When the surety received by the divide his action, and reduce it to the have had the means to have the debt
creditor, voluntarily or in court, has share and portion of each surety. declared extinguished, except his action
subsequently become insolvent, When, at the time when one of the in recovery against the creditor.
another must be given. sureties had the division pronounced,
This rule receives exception only in there were some insolvent, this surety 571. – The surety, even before having
the case where the surety has been is bound proportionally by these paid, may act against the debtor to be
given only by virtue of an agreement by insolvencies, but it can no longer be indemnified by him:

29
Machine Translated by Google

CIVIL CODE - BOOK III

1°. when sued for payment; 2°.
when the debtor has gone
bankrupt or is in default; 3°. when
the debtor is obliged to report
his discharge to him within a
certain time; 4°. when the
debt has become payable by
the expiry of the term under
which it was contracted; 5°.
at the end of ten years when
the main obligation has no
fixed term of maturity, unless the
main obligation is not of such
a nature that
extinguished
it can be before
a 579. – Whenever a person is obliged,
determined time.
SECTION 3. Of the effect
of suretyship between co-trustees.
572. – When several persons have
guaranteed the same debtor for the same
debt, the surety who has discharged the
debt has recourse against the other
sureties, each for his share and portion.
But this recourse only takes place when
the surety has paid in one of the cases set
out in the preceding article.
CHAPTER III principle, releases the surety, even if
Termination of security. the creditor comes to be evicted.
573.– The obligation resulting from the 578. – The simple extension of term
suretyship is extinguished by the same granted by the creditor to the principal
causes as the other obligations. debtor, does not discharge the surety,
who may, in this case, sue the debtor
574. – The confusion which takes place in to force him to pay
the persons of the principal debtor and his
surety when they become heirs of each CHAPTER IV
other, does not extinguish the action of the Legal surety and judicial surety.
creditor against the person who has
become surety for the caution.
575. – The surety may set up against by law or by a conviction, to furnish
the creditor all the exceptions which security, the security offered must fulfill
belong to the principal debtor, and the conditions prescribed by article 558.
which are inherent in the debt; But it
cannot oppose exceptions that are
purely personal to the debtor. 580. – Anyone who cannot find a surety
is allowed to give in his place a pledge
as sufficient collateral.
576.– The surety is discharged when the
subrogation to the rights, mortgages and 581.– The judicial surety cannot ask for
privileges of the creditor can no longer, the discussion of the principal debtor.
by the act of this creditor, operate in favor
of the surety.
Art.
577.– Voluntary acceptance that the
creditor has made immovable or of any
effect whatsoever in payment of the debt

TITLE X
TRANSACTIONS

583.– The transaction is a contract by
which the parties put an end to a
dispute that has arisen, or prevent a
dispute that is to arise.
This contract must be in writing.
584.– To transact, one must have the
capacity to dispose of the objects
included in the transaction.
585.– One can compromise on the civil interest
which results from an offence.
The transaction does not prevent the
prosecution of the prosecution.
586.– One can add to a transaction the
stipulation of a penalty against the one
who fails to execute it.
587. – Transactions are contained
within their object; the waiver made
therein of all rights, actions and claims, does
means only what relates to the dispute
that gave rise to it.
588.– Settlements settle only the
disputes which are included therein,
whether the parties have expressed
their intention by special or general
expressions, or whether this intention is 592.– Nevertheless, a transaction may
recognized by a necessary consequence be rescinded when there is an error in
of what is expressed.
Art.
590.– The transaction made by one of the
interested parties does not bind the other
interested parties, and cannot be opposed by
them.not
591.– Transactions have, between the
parties, the authority of res judicata in
the last resort.
They cannot be challenged for error
of law, nor for injury.
the person or in the object of the dispute.
It can be in all cases where there
is fraud or violence.
593.– An action for rescission also
takes place against a transaction, when
it has been made in execution of a title
that is void, unless the parties have
expressly dealt with the nullity.

30
Machine Translated by Google

CIVIL CODE - BOOK III

594.– The transaction made on documents
which have since been recognized as
false is entirely void.
595.– The transaction on a trial ended
by a judgment that has become res
judicata, of which the parties or one of
them had no knowledge, is null.
If the judgment ignored by the parties unless they have been retained by the act
was subject to appeal, the transaction will of one of the parties.
be valid. But the transaction would be void if
it had only one object on which it would
Art. be noted, by newly discovered titles,
that one of the parties had no rights.
597.– The calculation error in a repaired
transaction. must be

TITLE XI
PLEDGE

598.– The pledge confers on the creditor 605.– In the event of non-payment on the 610.– If it is a pledged debt, and that
due date of the debt secured by the
the right to be paid on the thing which is debt bears interest, the creditor imputes
pledge, the creditor may, after formal
the object of it, by privilege and preference this interest on any that may be due to
to the other creditors. notice served on the debtor and on the him.
third party lessor of the pledge, if there is If the debt for security of which the
599. – One can pledge all moveable one, and if by petitioning the judge, obtain debt has been pledged does not itself
things which are in commerce, authorization to sell the pledge either bear interest, the charge is made
incorporeal and corporeal, provided that publicly or by mutual agreement, at the against the capital of the debt.
they are capable of possession. choice of the judge and by a person designated by him.
This request will not be ruled on until 611.– The debtor cannot, unless the
two full days after it has been served holder of the pledge misuses it, claim
600.– The pledge may be given by a on the debtor and the pledger, if there restitution thereof until after having paid
third party for the debtor. is one, with an invitation to submit their in full, both in principal and in interest
observations to the judge in the and costs, the debt for which the pledge
601.- The contract of pledge is proven meantime, if it fails. was secured. given.
according to common law. If there was on the part of the same
606.– The exercise of the rights conferred on debtor towards the same creditor
602.– (D. of September 10, 1916).- “The the pledgee is not suspended either by the another debt contracted after the
creditor may only exercise the rights that the bankruptcy, or by the state of seizure, or by pledge, and which became due before
pledge gives him against the debtor and the death of the debtor or the third party lessor ofthe payment of the first debt, the creditor
against third parties if the object of the pledge pledge. cannot be required to relinquish the
has been placed and remained in his pledge before to be fully paid for both
possession or in the possession of a third 607.– Any clause authorizing the debts, even when there was no
party agreed between the parties”. creditor to appropriate the pledge or stipulation to allocate the pledge to the
dispose of it without the formalities payment of the second.
603.– The creditor is deemed to have prescribed above is void.
the goods in his possession whenare atthey
his
disposal in his warehouses or ships, at 608.– Until the expropriation of the 612. – The pledge is indivisible
customs or in a public depot, or if, debtor, if applicable, he remains the notwithstanding the divisibility of the
before they have arrived, he is seized owner of the pledge, which is, in the debt between the heirs of the debtor or
of them by bill of lading or consignment hand of the creditor, only a deposit those of the creditor.
note. ensuring the latter's privilege. The heir of the debtor who has paid
his portion of the debt cannot claim
609.– The creditor is liable, according restitution of his portion in the pledge
604.– The pledge creditor receives the to the rules established under Contracts until the debt is fully discharged.
interest, dividends and capital of the or conventional obligations in general,
pledged securities on the due dates and for the loss or deterioration of the pledge Conversely, the heir of the creditor
charges them against his claim. which may have occurred through his who has received his portion of the debt
If the pledge consists of commercial negligence. cannot return the pledge to the prejudice
paper, the pledgee exercises the rights For his part, the debtor must take into of those of his co-heirs who are not paid.
and is subject to the duty of the holder. account the creditor of the useful and
necessary expenses that the latter has made
for the preservation of the pledge.

31
Machine Translated by Google

CIVIL CODE - BOOK III

TITLE XII

PRESCRIPTION

CHAPTER ONE General peaceful, public, unequivocal and as owner. coming from a third party, or by contradicting
provisions. the right of the owner.

613.– Prescription is a means of acquiring 624. – One is always presumed to possess

or freeing oneself within a certain period of
time and under the conditions determined
by law.
614.– Prescription cannot be waived in
advance: acquired prescription can be
waived.
615.– The waiver of prescription is express
or tacit: the tacit waiver results from a fact
which supposes the abandonment of the
acquired right.
616. – A person who cannot alienate cannot
renounce acquired prescription.
for oneself and as owner, if it is not proven
that one has begun to possess for another.
625. – When one has begun to possess for
another, one is always presumed to possess
in the same capacity, if there is no proof to 634. One cannot prescribe against one's
the contrary.
626. – Acts of pure discretion and those of
simple tolerance cannot establish either
possession or prescription.
627. – Nor can acts of violence establish a
possession capable of effecting prescription.
633. – Those to whom the farmers,
custodians and other precarious holders
have transmitted the thing by a conveyancing
title, may prescribe it.
title, in the sense that one cannot change to
oneself the cause and the principle of one's
possession.
635.– One can prescribe against one's title,
in the sense that one prescribes the release
of the obligation that one has contracted.

617.– Judges cannot automatically Useful possession does not begin until CHAPTER IV
supplement the means resulting from the violence has ceased. Causes which interrupt or suspend
prescription. the course of prescription.
628. – The current possessor who proves to
618.– Prescription may be opposed in any have possessed formerly, is presumed to SECTION 1. Causes which
event, even pending appeal, unless the have possessed in the intermediate time, interrupt prescription.
party who has not opposed the means of unless there is proof to the contrary.
prescription must, by the circumstances, be 636.– Prescription may be interrupted either
presumed to have waived it. 629. – To complete the prescription, one naturally or civilly.
can add to his possession that of his author,
in any way that he has succeeded to him,
619.– Creditors, or any other person having either universal or particular, either for profit 637.– There is a natural interruption when
an interest in the prescription being acquired, or onerous. the possessor is deprived, for more than a
may oppose it, even if the debtor or the year, of the enjoyment of the thing either by
owner waives it. the former owner or even by a third party.
CHAPTER III
Causes which prevent
620. – One cannot prescribe the domain of prescription. 638. – A summons, a command or a seizure,
things which are not in the served on the person whom one wishes to
trade. 630. – Those who possess for others never prevent from prescribing form the civil
prescribe, for any length of time whatsoever. interruption.
621. – All persons, including so-called civil
persons, may prescribe, and one may Thus, the farmer, the depositary and all 639.– If the summons is void by default of
prescribe against them. others who precariously hold the property of form, if the plaintiff withdraws his
the owner, cannot prescribe it.
CHAPTER II request,
Possession. if he allows the instance to
631. – The heirs of those who held the thing expire, or if his request is
622. – Possession is the holding or to someone of the titles designated by the rejected, the interruption is regarded as not
enjoyment of a thing or a right that we hold preceding article, cannot prescribe either. av.
or that we exercise by ourselves, or by
another who holds or exercises it in our 640. – Prescription is interrupted by the
name. 632.- Nevertheless, the persons mentioned acknowledgment that the debtor or the
in articles 630 and 631 may prescribe, if the possessor makes of the right of the person
623. – To be able to prescribe, there must title to their possession is reversed; either against whom he prescribed.
be continuous and uninterrupted possession, by a cause

32
Machine Translated by Google
641.– The interpellation made, in
accordance with the articles above, to one of
the joint and several debtors, or its recognition,
interrupts the prescription against all the others, 647.– All actions, both real and personal, are
even against their heirs.
The interpellation made to one of the heirs
of a joint and several debtor, or the recognition exception deduced from bad faith.
of heir, does not interrupt
regard
the to
prescription
the other
this co-
with
heirs,
even if the debt is hypothecary, if the obligation
is not indivisible.
This interpellation of or this the
recognition only interrupts
prescription,
with regard to the other co-debtors, for the
share for which this heir is liable.
To interrupt the prescription for the whole
with respect to the other co-debtors, it is
necessary to interpellate all the heirs of the
deceased debtor, or the recognition of all these
heirs.
642. – The interpellation, made to the principal
debtor, or his recognition, interrupts
prescription
the
against the surety.
SECTION 2. Causes which
suspend the course of prescription.
643.– Prescription runs against all persons,
unless they fall within some exception
established by law.
644. – Prescription does not run:
- in respect of a claim which depends on a
condition, until the condition occurs; in
respect of a warranty action, until the
- statutes of the BRB;
eviction takes place; with respect to a
claim on a fixed day, until that day has
- Art. by reimbursing the possessor for the price
arrived.
CHAPTER V Of
the time required to prescribe.
SECTION 1. General Provisions.
645.– The prescription is counted by days, not
by hours.
646.– It is acquired when the last day of the
term is completed.
CIVIL CODE - BOOK III
SECTION 2. Thirty-year prescription.
prescribed by thirty years without the person
who alleges this prescription being obliged to
report a title, or being able to oppose the
SECTION 3. Prescription by fifteen
years.
648.– Anyone who acquires in good faith.
and by just title a building, prescribes the
property by fifteen years.
649. – The title void by default of form cannot
serve as a basis for the fifteen-year prescription. years after the judgment of the trial.
650. – Good faith is always presumed, and it
is up to the person who alleges bad faith to
prove it.
651. – It is sufficient that good faith existed
at the time of the acquisition.
SECTION 4. Of some particular prescriptions.
652.– The action of masters and teachers of
science and art, for the lessons they give
monthly; that of hoteliers and caterers, on the
basis of the accommodation and food they
provide; that of workers and working people,
for the payment of their days, supplies and
wages. are prescribed by six months.
653.– The action of doctors, surgeons and
apothecaries, for their visits, operations and
medicines; that of merchants, for the goods
they sell to non-merchant individuals; that
of the boarding school masters, for the price of
the boarding of their pupils, and of the other
masters, for the price of the apprenticeship;
that of the servants who are hired by the year,
for the payment of their wages; lapse after one
year.
654.– Prescription, in the above cases, takes
place regardless of
continuation of supplies, delivery, services and
works.
It only ceases to run when there has been
a closed account, schedule or obligation, or
unexpired legal summons.
655. – Nevertheless those to whom these
prescriptions will be opposed can defer the
oath to those who oppose them, on the question
of knowing if the thing was really paid.
The oath may be deferred to widows and
heirs so that they have to declare if they do not
know that the thing is due.
656.– Judges are discharged from exhibits five
657.– Alimony arrears; the rents of houses and
the farm price of rural goods; interest on sums
lent, and generally all that is payable
annually, or at periods shorter from time to
time; lapse after five years.
658.– As far as furniture is concerned, possession is
equivalent to title.
However, anyone who has lost or stolen a
thing may claim it for three years, counting
from the loss or theft, against the person in
whose hands he found it, subject to the latter
having recourse against the person from whom
he found it. hold her.
- See VII, Financial organization, art. 123 of the
appendix to the law of January 21, 1965 on the
it has cost him.
GENERAL PROVISION
660.– The provisions of this book are only
applicable in matters of landed property insofar
as they are not contrary to specific laws on
land tenure.
33