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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

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The Mejelle

Edited by Jonathan T. Capes

Article 81. Failure to establish the principal claim does not imply failure to establish a claim subsidiary thereto.

Example:-
A person states that A owes a sum of money to B and that he is the surety of A. Such person will be obliged to pay the sum in question if A repudiates the debt and B demands payment.

Article 82. If the validity of a condition is established, the validity of anything dependent thereon must also be established.

Article 83. A condition must be observed as far as possible.

Article 84. Any promise dependent upon a condition is irrevocable upon such condition being fulfilled.

Example:-
A person tells A to sell a certain thing to B and informs A that he will pay him in the event of B failing to do so, and B does in fact fail so to do. The person making the promise is obliged to pay the money.

Article 85. The enjoyment of a thing is the compensating factor for any liability attaching thereto; that is to say, in the event of a thing being destroyed, the person to whom such thing belongs must suffer the loss and conversely may enjoy any advantages attaching thereto.

Example:
An animal is returned by reason of an option for defect. The vendor may not charge any fee on account of the use of the animal, because if it had been destroyed before being returned, the loss would have fallen upon the purchaser.

Article 86. Remuneration and liability to make good loss do not run together.

Article 87. Disadvantage is an obligation accompanying enjoyment. That is to say, a person who enjoys a thing must submit to the disadvantages attaching thereto.

Article 88. The burden is in proportion to the benefit and the benefit to the burden.

Article 89. The responsibility for an act falls upon the author thereof; it does not fall upon the person ordering such act to be performed, provided that such person does not compel the commission thereof.

Article 90. If a person performs any act personally and is implicated therein with the person who is the cause thereof, the person performing such act is responsible therefore.

Example:-
A digs a well in the public highway and B causes C’s animal to fall therein and to be destroyed. B is responsible therefore and no liability rests with the person-who dug the wells

Article 91. An act allowed by law cannot be made the subject of a claim to compensation.

Example :
An animal belonging to A falls into a well which B has dug on his own property held in absolute ownership and such animal is destroyed. No compensation can be claimed.

Article 92. A person who performs an act, even though not intentionally, is liable to make good any loss caused thereby.

Article 93. A person who is the cause of an act being performed is not liable to make good any loss caused by such act unless he has acted intentionally.

Article 94. No liability attaches in connection with offences of or damage caused by animals of their own accord.

Article 95. Any order given for dealing with the property of any other person held in absolute ownership is void.

Article 96. No person may deal with the property of another held in absolute ownership without such person’s permission.

Article 97. No person may take another person’s property without some legal reason.

Article 98. Any change in the cause of the ownership of a thing held in absolute ownership is equivalent to a change in that thing itself.

Article 99. Any person who hastens the accomplishment of a thing before its due time, is punished by being deprived thereof.

Article 100. If any person seeks to disavow any act performed by himself, such attempt is entirely disregarded.


 

 

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