| 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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