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.