We're turning the Web into a fantastic writing environment

 

Part One

Part Two: Articles 2 -20

Part Two: Articles 21-40

Part Two: Articles 41-60

Part Two: Articles 61-80

Part Two: Articles 81-100

Entire Text in PDF format

 

The Mejelle

Edited by Jonathan T. Capes

Article 41. Effect is only given to custom where it is of regular occurrence or when universally prevailing.

Article 42. Effect is given to what is of common occurrence; not to what happens infrequently.

Article 43. A matter recognized by custom is regarded as though it were a contractual obligation.

Article 44. A matter recognized by merchants is regarded as being a contractual obligation between them.

Article 45. A matter established by custom is like a matter established by law.

Article 46. When prohibition and necessity conflict, preference is given to the prohibition. Consequently, a person may not sell to another a thing which he has given to his creditor as security for debt.

Article 47. An accessory which is attached to an object in fact is also attached to it in law.
Consequently, when a pregnant animal is sold, the young in its womb is sold with it.

Article 48. An accessory to an object cannot be dealt with separately.

Example:
The young in an animal’s womb cannot be sold separately.

Article 49. The owner of a thing held in absolute ownership is also the owner of the things indispensable to the enjoyment of such thing.

Example:
A person who buys a house is also owner of the road leading to it.

Article 50. If the principal fails, the accessory also fails.

Article 51. A thing which fails is not restored; that is to say, that which goes does not return.

Article 52. When a thing becomes void, the thing contained in it also becomes void.

Article 53. When the’ original undertaking cannot be carried out, the equivalent thereof is carried out.

Article 54. A thing which is not permissible in itself, may be permissible as an accessory.

Example:-
It is not permissible for a purchaser to make the vendor his agent to receive the thing sold; but if he gives a sack to the vendor to measure and put therein the provisions which he has bought and the vendor puts the provisions into the sack, the purchaser thereby receives them impliedly and as an accessory.

Article 55. A thing which is not permissible at the outset may become permissible at some later period.

Example:-
The disposal of a share of undivided jointly owned property by way of gift is invalid, but if a person entitled to a share of undivided jointly owned property which has been bestowed by way of gift appears and takes possession thereof, the gift does not become void, but the remaining share becomes the property of the recipient of the gift.

Article 56. Continuance is easier than commencement.

Article 57. A gift becomes absolute only when delivery thereof is taken.

Example:-
A person bestows a thing upon another person by way of gift. Such gift is not binding until delivery thereof has been taken.

Article 58. The exercise of control over subjects is dependent upon the public welfare.

Article 59. Private guardianship is more effective than public guardianship.

Example:-
The guardianship exercised by the trustee of a pious foundation is more effective than the guardianship of the Court.

Article 60. A word should be construed as having some meaning, rather than passed over in silence. That is to say, if any particular meaning can be attributed to a word, it may not be passed over as devoid of meaning.

 

 

© Copyright  SIME