(1) Persons called upon the succession of another, either reciprocally or unilaterally, who died in circumstances in which it is uncertain in what order their deaths occurred are presumed to have died concurrently (commorientes and codeceased). (2) The inheritance of each of the comorrientes or…
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Article 572. Common undivided property of the spouses
(1) Property acquired by the spouses during marriage is their common undivided property if, under law or their contract, another legal regime is not established for such property. (2) Any property acquired by the spouses during marriage is presumed their common undivided property until proven…
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Article 571. Partition of undivided common property
Partition of common undivided property among the undivided co-owners is made proportionally to the contribution of each to the acquisition of the property. Until proven otherwise, the contribution of each undivided co-owners is presumed equal.
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Article 573. Personal property of each spouse
(1) Property that belonged to the spouses before the conclusion of marriage, as well as acquired by them during marriage based on a donation contract, by way inheritance or otherwise free of charge, are the exclusive property os the spouse to whom it belonged to…
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Article 780. Duty to achieve a specific result and duty of best efforts
(1) The debtor of an obligation which involves a duty to achieve a specific result is bound to achieve that result. (2) The debtor of an obligation which involves a duty of best efforts is bound, in making its performance, to exercise such skill and…
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Article 779. Reciprocal obligations
(1) An obligation of a person is reciprocal in relation to an obligation inuring to another person in one of the following situations: a) performance of the obligation is due in exchange for performance of the other obligation; b) it is an obligation to facilitate…
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Article 555. Condominium ownership
(1) Where a condominium has been formed, exclusive ownership in the unit and the share of the common ownership to the common parts form an undivided unity (condominium ownership) and may not be separately transferred or encumbered. Any term to the contrary is void. (2)…
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Article 462. Condominium unit
(1) A condominium unit, together with the corresponding share in the ownership or right of superficies over the land, parts of the buildings other than the units and other parts of the condominium, constitute an immovable property. (2) A unit and its corresponding share in…
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Article 735. Subsequent pledge
(1) A property subject to a pledge securing the performance of a certain obligation (prior pledge) may also be pledged to secure the performance of another obligation of the same or other debtor to the benefit of another pledgee (subsequent pledge). (2) The constitution of…
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Article 921. Termination notice
(1) The right to terminate is exercised by the entitled party by notice in writing to the other contracting party. (2) The entitled party, if it relies on a legitimate interest, may, instead of termination under paragraph (1), ask a court to terminate by way…