of this chapter apply equally to transfers of debts and rights of action against third persons by contract other than sales, except gifts to which article 1576 does not apply.-C. C. 796. SECTION II Of the Sale of Successions. 1579. He who sells a right of succession without specify ing in detail the property of which it consists is bound by law to warrant only his right as heir.-C. N. 1696; C. C. 647, 658. 710, 1061. 1580. If the seller have received the fruits or revenues of any property, or the amount of any debt, or sold anything making part of the succession, he is bound to reimburse the same to the buyer, unless they have been expressly reserved.-C. N. 1697. 1581. The buyer, besides his obligations common to the contract of sale, is obliged to reimburse the seller for all debts and expenses of the succession paid to him, to pay him the debts which the succession may owe him, and to discharge all debts and obligations of the succession for which he is liable; unless there is a stipulation to the contrary.-C. N. 1698. SECTION III. Of the Sale of Litigious Rights. 1582. When a litigious right is sold, he against whom it is claimed is wholly discharged by paying to the buyer the price and incidental expenses of the sale, with interest on the price from the day that the buyer has paid it.-C. N. 1699; C. C. 1485. 1583. A right is held to se litigious when it is uncertain, and disputed or disputable by the debtor, whether an action for its recovery is actually pending or is likely to become necessary. 1584. The provisions con tained in article 1582 do not apply: 1. When the sale has been made to a co-heir or co-proprietor of the right sold; 2. When it has been made to a creditor in payment of what is due to him; 3. When it has been made to the possessor of a property subject to the litigious right; 4. When the judgment of a court has been rendered affirming the right, or when it has been made clear by evidence and is ready for judgment.— C. N. 1701. CHAPTER ELEVENTH OF FORCED SALES AND TRANSFERS RESEMBLING SALE. SECTION I. Of Forced Sales. 1585. The creditor who has a judgment against his debtor may take in execution and cause to be sold, in satisfaction of such judgment, the property moveable or immoveable of his debtor, except only the articles specially exempted by law; subject to the rules and formalities provided in the Code of Civil Procedure. --C. C. 1490, 1531, 2268, s. 4 ; C. C. P. 598, 599. 1586. In judicial sales under execution, the buyer, in case of eviction, may recover from the debtor the price paid with interest, and the incidental expenses of the title; he may also recover, from the creditors who have received it, the price with interest; saving to the latter their exception of discussion of the property of the debtor.C. C. P. 668, 784, 785, 831. 1587. The last preceding article is without prejudice to the recourse which the buyer has against the prosecuting creditor, by reason of inform alities in the proceedings, or of the seizure of property not ostensibly belonging to the debtor. 1588. The general rules concerning the effect of forced judicial sales in the extinction of hypothecs and of other rights and incumbrances, are declared in the title Of Privileges and Hypothecs, and in the Code of Civil Procedure.-C. C. 950, 953, s. 2, 1447, 2081, s. 6; C. C. P. 781. 1589. In cases in which immoveable property is required for purposes of public utility, the owner may be forced to sell it or be expropriated by the authority of law in the manner and according to the rules prescribed by special laws.-C. C. 407. Of Alienation for Rent. 1593. The alienation in perpetuity of immoveable property for an annual rent, is equivalent to a sale. It is subject to the same rules as the contract of sale in so far as they can be made to apply. 1590. In the case of sales and expropriations for purposes of public utility, the party 1594. The rent may be payacquiring the property cannot able either in money or in kind. be evicted. The hypothecs and Its nature and the rules to other charges are extinguished, which it is subject are declared saving to the creditors their re- in the articles relating to rents course upon the price and sub-contained in the second chapter ject to the special laws relating of the first title of the second to the matter.(1)-C. C. 953, s. 1, book.-C. C. 389 et s., 1792, 1908, 2081, s. 6. 2067. 1591. The rules concerning the formalities and proceedings in judicial and other forced sales and expropriations are contained in the Code of Civil Procedure and in the acts relating to municipal and other incorporated bodies; such sales 1595. The obligation to pay the rent is a personal liability the purchaser is not discharged from it by abandonment of the property, nor is he discharged by reason of the destruction of the property by a fortuitous event or by irresistible force. 1 Vide R. S. Q. 5754a et s. (54 V. c. 38) as to Expropriations. CHAPTER FIRST. GENERAL PROVISIONS. 1600. The contract of lease or hire has for its object either things or work, or both combined.-C. N. 1708. 1601. The lease or hire of things is a contract by which one of the parties, called the lessor, grants to the other, called the lessee, the enjoyment of a thing during a certain time, for a rent or price which the latter obliges himself to pay.-C. N. 1709. 1602. The lease or hire of work is a contract by which one of the parties, called the lessor, obliges himself to do certain work for the other, called the lessee, for a price which the latter obliges himself to pay.-C. N. 1710. 1603. The letting out of cattle on shares is a contract of lease or hire combined with a contract of partnership.-C. N. 1804, 1818; C. C. 1698 et s. 1604. The capacity to enter into a contract of lease or hire is governed by the general rules relating to the capacity to contract, contained in chapter one of the title of Obligations.C. C. 319, 985 et s. |