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in full properly, or the usufruct only of one-fifth of all his property.

ART. 1740.- The husband or wife, if a minor emancipated, can, by marriage contract, give to each other, either by simple or by reciprocal donation, whatever can be given by one of the parties who has attained the age of majority.

ART. 1741.-A minor, not being emancipated, can give only with the consent of those relations whose consent is requisite for the validity of the marriage, and with that consent he or she can give all that the law permits a married person of full age lo give to his or her consort.

If the relation, whose consent is necessary, be dead, the minor not emancipated cannot give without the authorization of a court of justice.

ART. 1742.-All donations made between married persons, during marriage, though termed inter vivos, shall always be revocable.

The revocation may be made by the wife, without her being authorized to that effcct by her husband or by a court of justice.

ART. 1743.—Those donations shall not be revoked by the birth of children, provided they do not exceed the quantum, which married persons are permitted to dipose of to each other, to the prejudice of their children, or legitimate descendants, as is above provided.

ART. 1744.–Married persons cannot, during marriage, make to each other, by an act, either inter vivos or mortis causa, any mutual or reciprocal donation by one and the same act.

ART. 1745.-A man or woman, who contracts a second or subsequent marriuge having children by a former, one, can give to his wife, or she to her husband, only the least child's portion, and that only as an usufruct; and in no case shall the portion, of which the donee is to

have the usufruct, exceed the fifth part of the donor's estate.

ART. 1746.—If a person, who marries a second time, has children of his or her preceding marriage, he or she cannot, in any manner, dispose of the property given or bequeathed to him or her by the deceased spouse, or which came to him or her from a brother or sister of any of the children which remain.

This property, by the second marriage, becomes the properly of the children of the preceding marriage, and the spouse, who marries again, only has the usufruct of it.

ART. 1747.-Husbands and wives cannot give to each other, indirectly, beyond what is permitted by the foregoing dispositions.

All donations disguised, or made to persons' interpos-. ed, shall be null and void.

ART. 1748.- All donations, made by one of the married parties to the children or to any one of the children of the other party by a former marriage, and such as are made by the donor to relations to whom the other party is presumptive heir on the day of the donation, although the latter may not survive the relation who is the donee, shall be deemed made to persons interposed.


Of Obligations.


Of the Nature and Division of Obligations. Art. 1749.-An obligation is, in its general and most extensive sense, synonymous with duty.

Art. 1750.-Obligations are of three kinds, imperfect obligations, natural obligations, and civil or perfect obli1. If the duty created by the obligation operates only on the moral sense, without being enforced by any posi


, tive law, it is called an imperfect obligation, and creates no right of action, nor has it any legal operation. The duty of exercising gratitude, charity and the other merely moral duties, is an example of this kind of obligation ;

2. A natural obligation is one which cannot be enforced by action, but which is binding on the party who makes it, in conscience and according to natural justice;

3. A civil obligation is a legal tie, which gives the party, with whom it is contracted, the right of enforcing its performance by law.

ART. 1751.-Natural obligations are of four kinds:

1. Such obligations as the law has rendered invalid for the want of certain forms or for some reason of general policy, but which are not in themselves immoral or unjust;

2. Such as are made by persons having the discretion necessary to enable them to contract, but who are yet rendered incapable of doing so by some provision of law;

3. When the action is barred by prescription, a natural obligation still subsists, although the civil obligation is extinguished; 4. There is also a natural obligation on those who in

а herit an estate, either under a will or by legal inheritance, to execute the donations or other dispositions, which the former owner had made, but which are defective for want of form only.

ART. 1752.-Although natural obligations cannot be enforced by action, they have the following effect :

1. No suit will lie to recover what has been paid, or given in compliance with a natural obligation;

2. A natural obligation is a sufficient consideration for a new contract.


ART. 1753.-Civil obligations in relation to their origin, are of two kinds :

1. Such as are created by the operation of law;

2. Such as arise from the consent of the parties who are bound by them, which are called contracts or conventional obligations;

Each of these divisions will forin the subject of a se

parate tille.


Of Conventional Obligations.


General Provisions.

ART. 1754.-A contract is an agreement, by which one person obligates himself to another, to give, to do or permit, or not to do something expressed, or implied by such agreement.

ART. 1755.-The contract must not be confounded with the instrument in writing by which it is witnessed. The contract may subsist, although the written act may, for some defect, be declared void ; and the written act may be good and authentic, although the contract it witnesses be illegal. The contract itself is only void for some cause or defect determined by law.

ART. 1756.-In any contract, for the breach of which damages could be recovered, or which could be specifically enforced between the original parties, the obligation is incurred, and the right is vested in their representatives, although they are not specially named, unless the contrary intent is expressed, or unless it results from the nature of the agreement.

ART. 1757.-All things, that are not forbiden by law, may legally become the subject of, or the rrotive for contracts; but different agreements are governed by different rules, adapted to the nature of each contract, to distinguish which it is necessary in every contract to consider:

1. That which is the essence of the contract, for the want whereof there is either no contract at all, or a contract of another description. Thus, a price is essential to the contract of sale; if there be none, it is either no contract, or if the consideration be other properly, it is an exchange;

2. Things which, although not essential to the contract, yet are implied from the nature of such agreement, if no stipulation be made respecting them, but which the parties may expressly modify or renounce, without destroying the contract or changing its description; of this nature is warranly, which is implied in every sale, but which may be modified or renounced, without changing the character of the contract or destroying its effect;

3. Accidental stipulations, which belong neither to the essence nor the nature of the contract, but depend solely on the will of the parties. The term given for the payment of a loan ; the place at which it is to be paid, and the nature of the rent payable on a lease, are examples of accidental stipulations;

What belongs to the essence and to the nature of each particular description of contract, is determined by the law defining such contracts; accidental stipulations depend on the will of the parties, regulated by the general rules applying to all contracts.

ART. 1758.-To all contracts there must be at least two parties, one who does, or engages to do or not to do, anoiher to whom the engagement is made. If this latter party make no express agreement on his part, the contract is called unilateral, even in cases where the law altaches certain obligations to his acceptance.

It is called a reciprocal contract, when the parties expressly enter into mutual engagements.

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