Obligations

Front 1

Definition of obligations

Back 1

a legal relationship whereby a person called an obligor is bound to render performance in favor of another, the OEE. Performance may consist of giving, doing, or not doing something.

Front 2

what three things form an obligation

Back 2

subject
object
legal bond

Front 3

acitve subject

Back 3

the creditor, r OE, whom has the right the demand performance

Front 4

passive subject

Back 4

the OR, who is under duty to perform

Front 5

legal bond

Back 5

obligation is really a tripartitte relationship between the creditor, the debtor, and the state

Front 6

what can be the object

Back 6

to give
to do
to not do

Front 7

the legal relation is an obligation when it geives the OE a _

Back 7

credit (real right)

Front 8

In an obligation to give, the OR _

Back 8

binds himself to transfert to the OE the ownership of the thing or grant him some other real right ina thing

Front 9

In an obligation to do,

Back 9

the OR binds himself to carry out or execute an act

Front 10

In an obligation not to do, the OR

Back 10

binds himself to abstain from some action

Front 11

what are teh general effects of contracts for each party:

Back 11

OE ahs the right to:
1.specific performance
2.cause performance to be rendered by another
3. recover damages
OR has the right to:
1.obtain discharge
2. contest if extinguished or modified

Front 12

real right

Back 12

requires only one subject the holder, it is absolute and against the world

Front 13

credit rihgt

Back 13

jsut one end of an obligation; has a passive and an active subject; it is a personal right

Front 14

what are the consequences of being a patrimonial right>?

Back 14

1. has a pecuniary value
2.may assign
3.can protect from assignement in contract

Front 15

natuarl obligations

Back 15

arise from circumstances in which the law implies a particular moral duty to render a performance; do not produce the OE's right to enforce the performance by the OR; but if the OR promises to perform his natural obligation, it can then turnn into a civil obligation and be enforced

Front 16

civil obligation

Back 16

produces all the ffects of a legal obligation, enforceable by legal action

Front 17

moral duty

Back 17

duty of the conscience; may rise to the level that one feels he owes a debt, and then it becomes a natural obligation

Front 18

to give rise to a natural obligation, moral duty must:

Back 18

1.be felt toward a particular person
2.that person truly feels that he owes a debt
3.the object must have pecuniary value
4.a recognition of the obligation by the person who regards himself as the OR
5. fulfillment of the duty does not impair public order

Front 19

a natural obligation serves as the _ of an obligation

Back 19

cause

Front 20

a natural obligation is not enforceable, but whatever has been freely performed _

Back 20

may not be reclaimed

Front 21

IF the debtor in a natural obilagation only pays partof what he owes,

Back 21

the creditor mustbe satisfied with that, he has no action to demand the balance

Front 22

real obligation

Back 22

duty correleative and incidental to a real right; transfers to a universal or particular succesor; particular successor can renounce and abandon

Front 23

heritable obligation

Back 23

obligation is heritable when its performance may be enforced by a successor of the OE or against a succesort of the OR

Front 24

strictly personal

Back 24

obligations is strictyl personal when its performance can be enforced only by the OE or only against the OR; when teh performance requires special skill or personal services; or when the benefit was intended exlcusively for the OE, it is personal for that OE

Front 25

conditional obligation

Back 25

dependent upon a n uncertian event (susepnsive and resolutory)

Front 26

suspensive condition

Back 26

obligation may not be enforced until the uncertain event occurs

Front 27

resolutory

Back 27

the obligation may be immediately enforce, but will come to an end when the uncertain event ends

Front 28

poetestative conditions

Back 28

depends solely on the whim of the OR

if suspensive, it is null
if resolutory, it must be performed in good faith

Front 29

term

Back 29

period for the performance of the obligation is a period of time either certain or uncertain

certian when fixed

uncertain when not determinale. in which case it is reasonable time

Front 30

who may renounce a term?

Back 30

the party whose exclusive beneift it was established for.

If benefit both, cannot renounce

Front 31

If the OR has performed before the end of the term

Back 31

he may not recover performace

Front 32

If a party is later found to be insolvent, (term)

Back 32

the term is regarded as nonexistent, unless it is an obligation ot render services

Front 33

several obligations

Back 33

each of different ORs (OEs) owe separate performance to one OE(OR); each has a different object; produces the same effects as a separate obligation to each

Front 34

joint obligations

Back 34

owe one performance, but noe bound for the whole; object must be divisible

Front 35

if the object is indivisible amongst several, it is

Back 35

solidary

Front 36

test for joint or several

Back 36

depends upons the intention of the parties as revealed by the language of teh contract and the subject matter to which it refers

Front 37

an obligation is divisible if _

Back 37

the object of performance is susceptible of division

Front 38

active solidarity

Back 38

each OE has the right to demand the whole performance fomr the common OR

Front 39

passive solidarity

Back 39

when each OR is liable for teh whole performance; performance by one relieves the others

Front 40

Can a solidary OR request division of the debt?

Back 40

no, but can seek indemnification or contribution

Front 41

soidarity is not presumed, it arises only from

Back 41

a clear expressionof the party's intent;
the law

Front 42

renunciation of solidarity by the OE in faovr of one or more OR must be

Back 42

expressed

Front 43

remission of debt

Back 43

benefits all solidary OR in teh amount of the portion of that OR

surrender to one an instrument evidenicng the obligations gives rise to a presumption that the remission intended to benefit all

Front 44

IF a solidary OR is found to be insolvent, _

Back 44

the others must bear the loss; and any OR in whose favor solidarity has been renounced must contribute to make up for loss

Front 45

renunciation of solidarity is

Back 45

basically splitting off one party and keeping the rest solidary

Front 46

soidarity is not presumed, it arises only from

Back 46

a clear expressionof the party's intent;
the law

Front 47

renunciation of solidarity by the OE in faovr of one or more OR must be

Back 47

expressed

Front 48

remission of debt

Back 48

benefits all solidary OR in teh amount of the portion of that OR

surrender to one an instrument evidenicng the obligations gives rise to a presumption that the remission intended to benefit all

Front 49

IF a solidary OR is found to be insolvent, _

Back 49

the others must bear the loss; and any OR in whose favor solidarity has been renounced must contribute to make up for loss

Front 50

renunciation of solidarity is

Back 50

basically splitting off one party and keeping the rest solidary

Front 51

Assumption b/w OR an third

Back 51

OR and 3rd cna agree to assumption in writing;
they are solidarily liable
3rd bound only to extent of his assumption

Front 52

assunmption b/w OE and third

Back 52

may agree to assumption in writing

Front 53

subrogation

Back 53

substituion of pone person to the rights of another; cna be conventional or legal

Front 54

effects of subragation

Back 54

3rd party performs
obligation transferred and original Oe released (unless only paid in part; then his rights for the balance come before new OE)
3rd takes OE's place

Front 55

conventional subrogation by the OE

Back 55

OE receives performance from 3rd, subrogates his rights w/o need for OR consent;
no matter the amount that the subrogee paid to the original OE, he is entitled to recover the full amount;
does not have to be in writing

Front 56

conventional subrogation by the OR

Back 56

OR pays debt with money borrowed for that purpose;
may subrogate the lender wihtout OE's consent;
must be in writing expressing that the purpose of the loan is to pay the debt

Front 57

subrogation by law happens when

Back 57

1. in favor of an OE who pays another OE whose right is preferred (chess game)
2. in favor of an OR who pays a debt he owes with or for others and who has recourse agaisnt those others as a result of payment

Front 58

when subrogation happens by law, the new OE may revover from the OR

Back 58

only to the extent of the performance rendered to the original OE; he cannot invoke ocnventional subrogation

Front 59

Who ahs the burden of proof

Back 59

the movant

Front 60

when teh law requires a written form, it may not be proven by

Back 60

testimony or presumption

Front 61

authentic act

Back 61

executed before notary and two witnesses

signed by all parties

if fails this, still good as act under private signature;

constitutes full proof of the agreement it contains

Front 62

when an act under private signature is produced, failure ot deny signature is

Back 62

acknowlegment of it;

must either accept or deny

Front 63

confirmation

Back 63

declaration whereby a person cures the relative nullity of na obligation
must express substance of obligation and evidence of intent to cure
tacit confirmation can occur from voluntary performance

Front 64

ratification

Back 64

person gives consent ot an obligation incurred on his behalf without authority

tacit ratification can occur when party accepts benefit of obligation with knowledge of of an obligation incurred on his behalf by another

Front 65

tranfer of immovable property must be made by _

Back 65

authentic act or by private signature
oral transfer is good between parties when property delivered
good to world when filed for registry

Front 66

if writing is not required by law for evidence what is requireed for proof

Back 66

if <500 dollars, may be proved by competent evidence

if >500 dollars, may be proved by at least one witness and other corroborating evidence

Party can be their own witness, but not corrorborating evidence

Front 67

testimonial evidence may not be admitted to neagate or vary _

Back 67

authentic act or act under private signature; unless ot prove:
1.vice of consent
2.simulation
3.written modified by later valid oral agreemt

Front 68

judicial confession

Back 68

declaration made by a party at a judicial proceeding;

constitutes full proof agaisnt he who made it
(can recognize obligation stupid)

Front 69

performance by the OR _

Back 69

extinguishes the obligation

Front 70

performance can be rendered by a 3rd party...

Back 70

even against the will of the OE, unless the OR or the OE has an interest in performance only by the OR

Front 71

an obligation can be extinguished by the transfer of a thing is not extinguished unless that thing is _

Back 71

validly transferred

Front 72

performance rendered to the OE

Back 72

must be rendered to the OE or person authorized by him

but can be cured by ratification;
or if the OE received benefit, valid for the amount of benefit (even if the OE does not have capacity)

Front 73

partial perforance

Back 73

an OE may refuse partial performance

but if obligation to pay money is disputed in part, and OR willing to pay undisputed part, cannot reject, but has right ot claim disputed part

Front 74

accord and satisfaction

Back 74

if the debtor pays part and says it is the whole, if it is accepted the obligation is extinguished

Front 75

place of performance

Back 75

shall be rendered in place stipulated or intended

if not there, to give rendered at place where obligation arose
all other obligation sat domicile of OR

Front 76

expenses required ot render performance must be paid by the

Back 76

OR

Front 77

an OR who owes several debts ot an OE

Back 77

has the right ot impute to debt he chooses if expressed or inferred

however, cannot impute to debt not yet due without OE's consent

Front 78

payment is imputed as follows:

Back 78

1. on the basis of whether a particular debt is due
2. to the one that has interest
3. to the one that is secured
4. to the one that was due first
5.If all equal, then imputed proportionally

Front 79

If the OE imputes payment to a debt other than the one intended by OR, the OE is

Back 79

in bad faiht

Front 80

tender and deposit

Back 80

if the OE refuses to accept delivery of a thing or sum of money, the tender of the performance, followed by deposit to the court, produces all the effects of performance when tender declared valid by court

Front 81

tender is valid _

Back 81

when teh requirements for a valid performance, such as capacity, amount, and kind of performance are fulfilled

Front 82

notice as tender

Back 82

if the OR knows or has reason to know that the OE will refuse performance, notice to OE that OR ready to perform has the same effect as tender

Front 83

If deposit is accepted by OE, or if the court orders the performance vaild,

Back 83

the expense of deposit paid by OE

Front 84

an OR is not liable for failure to perform when it is caused by a fortuitous event that makes performance impossible, unless:

Back 84

1. when the OR has assumed the risk of such an event

2.if the event occured after Or in default

3.if the event preceded by OR's fault, without which the failure would not have occured

Front 85

fortuitous event=

Back 85

one that, at the time the contract was made, could not have reasonably been foreseen

Front 86

when the event ahs made a party's performance impoosible in part, the court can

Back 86

reduce the other party's couter performance proportionally or dissolve

Front 87

IF a contract is dissolved after OR has performed in part, the OE is bound _

Back 87

to the extent that he was enriched by the partial performance

Front 88

novation requires

Back 88

existence of a debt to be extinguished

creation of a new debt

intent of the parties to make a novation

Front 89

novation is

Back 89

the extinguishment of an existing obligation by the subsititutionof a new one;

novation is not presumed, it must be clear and unequivocal

Front 90

objective novation

Back 90

new performance or cause subsituted or the parties expressly declare novation;

if any substantial part of original performance is still owed, no novation

if mere modification w/o intent, no novation

if modification w/ intent, novation occurs

Front 91

subjective novation

Back 91

new OR substituted for prior OR who is discharged by OE, even without original OR's consnet

like assignment, but here the OR is assigning, and he is released

Front 92

Novation has no effect when

Back 92

the origianl obligation does not exist, or is absolutely null
if only relatively null, the novation is valid, provided that the OR of the new one new of the defect of teh old one (good faith)

Front 93

a novation by OE and a solidary obligors _

Back 93

releases the others, unless it stipulates that they are still liable (then must consent)

Front 94

delegation of performanece

Back 94

delegation by OR to 3rd is effective when 3rd binds,

it effects novation only when teh OE expressly discharges teh original

Front 95

remission of debt

Back 95

forgivenss of creditor;

may be express or tacit

Oe's voluntary submission of instrument gives rise to presumption

effective when received

Front 96

contract=

Back 96

agreement by two or more parties where obligations are created, modified, or extinguished

Front 97

unilateral contract

Back 97

one party obligated and teh other is not (donation)

Front 98

in a bilateral contract, the cause is _

Back 98

the other parties reciprocal performance

so if one does not perform, the obligation of the other lacks cause

Front 99

onerous contract

Back 99

when each of teh parties obtains an advantage in exchange for obligation

Front 100

gratuitous contract

Back 100

one party obligates himself towards another for the beneift of teh latter, without gaining an advantage himself

Front 101

commutative contract

Back 101

when teh performance of the obligation of each party is correlative to the performance of teh other

Front 102

aleatory contract

Back 102

becasue of its nature or according to the partie's inent, the performance of either partie's obligation, or the extent of performacne, depends on an uncertain event
(insurance)

Front 103

four requirments for a contract

Back 103

1. capacity
2. consent
3. cause
4. object

Front 104

upon rescission of contract for incapacity, the court may

Back 104

restore or compensate

Front 105

consent =

Back 105

consent to terms and conditions, intending to have legal effects

Front 106

unless otherwise specified in the offer, there nee not be conformity

Back 106

betweent eh method of opffer and acceptance

Front 107

3 ways to express consent

Back 107

1. express
2. implied
3.if silent, circumstances must be clear and unequivocal to corroborate presumption of intent

Front 108

it is not enough to say what you will do as an offer, you muat

Back 108

say what you will do it for

Front 109

a valid offer must

Back 109

1. be declared
2. be addressed to OFE
3. be sufficiently precise and complete
4. be accompanied by intent to bind himself

Front 110

if an offer lacks precision it is an _

Back 110

invitation

Front 111

an offer of reward to the public is _

Back 111

binding even if the one who performs does not know of the offer

but it can be revoked any time before completion of the act

Front 112

irrevocable offer

Back 112

if OFR has named time within which to be accepted, then bound by that time (unless past reasoanble)

if manifests intent ot leave open, then reasonable

Front 113

things to consider for reasonable time

Back 113

mode of communication
nature of proposed contract
nature of contractual object
party's confession

Front 114

acceptance of an irrevocable offer is effective when _

Back 114

received by OFR

Front 115

if an offer is no irrevocable, then

Back 115

it is revocable at any time before acceptance

Front 116

unless otherwise specified by the offer or law, an acceptance of a revocable offer made in manner and medium suggested by offer or in a resaonble manner and medium is effective when

Back 116

transmitted (mailbox rule)

Front 117

an acceptance is reasoanble if

Back 117

it it the one used in amking the offer or in customary in similar transactions

Front 118

an offer expires by death or incapaity of either party if

Back 118

before acceptance

Front 119

option contract

Back 119

contractual obligation to keep offer open

OFR must clearly indicate will to form, and the OFE must consent

Front 120

differneces bewteen option and irrevocable

Back 120

1. option assignable
2.option contract gives rise to contractual obligation, whereas, irrevocable gives rise to legal obligation

Front 121

option must be specified either in _

Back 121

the option contract or to the contract it is linked to

Front 122

if you pay consideration to keep irrevocable offer open,then

Back 122

it is an option

Front 123

an option must be _ (form)

Back 123

written

Front 124

_ rather than consideration is a requisite for a vaild option

Back 124

cause

Front 125

whetehr express or implied, an acceptance must be _

Back 125

capable of being known

Front 126

for an irrevocable, if both acceptance and rejection received at same time, then it is _

Back 126

the latest expression of intetn

Front 127

if revocable, and acceptance sent first, a rejection received after acceptance transmited is

Back 127

offer from OFe to dissolve

Front 128

if revocable, rejection sent before acceptance, but acceptance received first, then

Back 128

acceptance effective upon transmission, but rejection only unpon reception

Front 129

revocation is effective

Back 129

when received by OFE

Front 130

if revoable, rejection effective

Back 130

when received by OFR

Front 131

promissory acceptance

Back 131

express acceptance entailing OE's promise

Front 132

effective acceptance

Back 132

OFE does the act without making promissory aceptance

Front 133

If offer revocable, the contract is formed (performance)

Back 133

at beginning of performance

must be to complete performance

Front 134

if the OFE beings performance and his intent is to complete, the offer

Back 134

is no longer revocbale, and teh OFE bound to complete

if he fails, liable for damages

Front 135

IF the OFR only interested in completed performance, and the OFE is doubtful of accomplishing, then

Back 135

mere commencement does not implyu promise to complete

(good faith applies)

Front 136

IF the parties are at a distance, teh OFE must notify of beginning of performance unless

Back 136

the OFR should know of begginnin gof performance

if OFE fails to notify, still bound, but may be liable for damages

Front 137

a rejection

Back 137

is an expression of teh OFE's intention to not accept

puts an end to his ability ot accept

Front 138

in a matter of sale, teh ontract is perfect upon the parties consent of _

Back 138

the thing and the price

Front 139

in a lease, the essential terms are _

Back 139

thing to be let out, and the rent to be paid

Front 140

that which does not conform to the offer is _

Back 140

a counter (generally)

might be request for modification or reconsideration

Front 141

to make a binding contract, it is enouhgh that parties agree on _

Back 141

essential terms

Front 142

a statement by OFE that nonconforming goods are an accomodation may _

Back 142

release the OFE of contractual liablity

Front 143

if terms are different betweent eh offer and acceptance_

Back 143

will proceed with terms agreed upon and fill in with gap fillers or suppletive laws

Front 144

the presumption between parties is that they do not intend to be bound until _

Back 144

contract is executed in a certain from (intent to memorialize)

Front 145

cause=

Back 145

the reason why a part obligates himself

may obligate himself when he knew or should have known that the promise would induce the othre party to reasonably rely on it to his detriment

Front 146

an obligation cannot exist without

Back 146

cause

can have it, then it fails

Front 147

the cause of an oblgiation is unlawful when

Back 147

the enforcment of the obligation would produce a result prohibited by law or against public policy

if so, it is absolutely null

Front 148

turpitude paralyzes restitution

Back 148

if both parties know of unlawfulness of contract, no restitution

the court leaves them to their own devices

Front 149

three standards of detrimental reliance

Back 149

1. a clear and unequivocal promise was made
2. justifiable reliance on that promis
3. a change in one's position to one's detriment because of that reliance

Edinburgh

Front 150

detriment is not when they act on a promise, but

Back 150

when the promise is denied

Front 151

damnum emergens

Back 151

dmages for the loss actually sustained, the reliance interest

Front 152

lucrum cessans

Back 152

the profit which has been deprive, expectation interest

Front 153

in detrimental reliance, there are two types of recoverable damages

Back 153

damnum emergens
luicrul cessans

Front 154

consent is vitiated by vice only when_

Back 154

it concerns a cause without wihich the obligation would not ahve been made and that cause was known or should have been known to the other party

Front 155

a party may not avial himself of his error if _

Back 155

the other party is willing to perform the contract as intended by the party in error

Front 156

a party who obtains rescission on the grounds of his own error is liable to the loss sustained by the other party unless_

Back 156

the latter knew or should have known of the error

rescission may be refuse, and then compensation is given

Front 157

fraud in french

Back 157

dol malus

Front 158

fraud=

Back 158

a misrepresentation or suppression of the truth made with the intentiont o either obtain an unjst advantage or to casue a loss or inconvenience for the other

Front 159

standard for effects of fraud

Back 159

fraud does not vitiate conudct whent the party against whom the fraud was directed could have ascertained the truth without difficulty, inconvenience, or special skill

unless there was a relationship of confidence here

Front 160

fraud commited by a thrid person _

Back 160

vitiates consent if the other party knew or should have known of fraud

Front 161

sale of an immovable can be rescinded for lesion when

Back 161

the price is less than one half the fair market value of the immovable

Front 162

a co-owner may claim lesion when_

Back 162

the value is less than 1/4

Front 163

court will accept lesion when

Back 163

it is linked to another vice

Front 164

object

Back 164

can be anything that is lawful, possible, and derermined or determinable

Front 165

possibility as to object is

Back 165

according to the nature of the object not the parties ability

Front 166

the object must be determined as to _

Back 166

kind
price can be filled in if determinable

Front 167

if the determination of the quantity of an object has been left ot 3rd, it is

Back 167

deteminable

Front 168

future things can be the _of a contract

Back 168

object, but not the succession of a living person

Front 169

the object cna be that a 3rd will perform, if so

Back 169

the pormisor is liable if the 3rd does not perform

Front 170

if there is a third party beneficiary,

Back 170

the beneficiary or stipulator can demand performance

Front 171

promesse du porte fort

Back 171

third party, expressing consent, substitutes himself for a party to a contract and therefor binds himself

Front 172

stipulation pour autrui

Back 172

third party derives benefit from a contract made by others

Front 173

upon an obligors failure to deliver a thing, or not to do, or to execute and instrument, the court _

Back 173

shall grant specific performance plus damages for delay

Front 174

upon failure of obligors failure to do , the court_

Back 174

may grant specific performance

Front 175

damages for delay in the performance of an obligation are owed from time _

Back 175

the OR is put in default

Front 176

other damages are owed from the time _

Back 176

the OR has failed to perform;
allows compensation for the delay

Front 177

the OR is put into default by

Back 177

1. the arrival of a fixed or clearly determinable term
2.by the OE, but not before performance due

Front 178

an OE may put an OE into default by

Back 178

written request for performance, oral request in front of two witnesses, or by filing suit for performane, or specific provision of contract

Front 179

when put into default, the risk

Back 179

shifts to OR

Front 180

in the case of reciprocal obligations, the OR of one may not be put into default unless

Back 180

the obligor of the ohther has performed or is ready to perform

Front 181

3 reqs. for damages

Back 181

1. OE injured or loss
2. OR is at fault in on e of the three senses (delay, fuaulty, or non performance)
3. this fault caused damage

Front 182

dames are measured by _

Back 182

loses sustained and deprived profit

Front 183

an obligor in good faith is liable only for

Back 183

the damages that were foreseeable at the tiem the contract was made

Front 184

an obligor in bad faith is liable for

Back 184

all damages

Front 185

nonpecuniary damages can be granted when

Back 185

1. the contract inteded to satisfy nonpecuniary interst
2. the OR knew, or should have known that his failure to perform would cause that kind of loss
3.regardless of the contract, if teh OR intendedt o cause, then damages recoverable

Front 186

An OE must make reasonable efforts to _

Back 186

mitigate damages, or they will be lessened

Front 187

stipulated dmages clause

Back 187

can stipulate in contract, this stipul;ation gives rise to an accessory obligation

Front 188

moratory damages

Back 188

dmages from after default

Front 189

if a stipulated damages clause found, the OEE may demand

Back 189

performance or stipulated damages, but not both, unless damages stipulated are for delay only

Front 190

burden of proof on damages is on _

Back 190

OR

Front 191

stipulated damages may not be modified unless

Back 191

are are so unreasonable as to be against public policy,
there needs to be a reduction for partial performance

Front 192

non-pecuniary interest

Back 192

one intendedt o satisfy an interest of sentimental, spiritual order

Front 193

dissolution

Back 193

when the OR fails to perform, the OE has the right ot dissolution and can seek damages

Front 194

a contract may not be dissolved if _

Back 194

the OR has rendered substantial part of perfromance nad the part not rendered does not substantially inpair the interest of the OE

Front 195

upon partys failure to perform, the other may serve him notice to _

Back 195

perform within certain time, and if it is not, the contract will be dissolved

Front 196

when a delayed performance is no longer of value to the OE, or it is evident that teh OR will not perform, _

Back 196

may treat as dissolved and don't have to give notice

Front 197

upond dissolution, the parties _

Back 197

restored to before.
If substantial partial performance, can recover.
If insubstantial partial, cannot recover

Front 198

either party to a commutative contract can refuse to perform if_

Back 198

the other has filed to perform or does not offer to perform his own at the smae time if due simultaneouls

Front 199

simulation

Back 199

my mutual agreeemnt, the contract does not represent the true intent of the parties

Front 200

absolute simulation

Back 200

parties intended no legal effects between them

Front 201

relkative simulation

Back 201

parties intend the contract ot have effects, but different from those int eh contract

Front 202

counterletter

Back 202

the parties true intent is in a separate writing

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absolute nullity of contract

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one that is agaisnt public order; may be invoked by any person or declared by court

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relative nullity

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may not be declared by court

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if a contract is declared null, the parties_

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are restored to pre contract situation

includes fruits and revenues

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revocatory action

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OEE has right ot annul act or failure ot act of OR if would incresase OR;s insolvent

does not apply to OR's payment of a just and due debt

can cancel grautitous and onerous actions;
but not one in teh course of OR's regular business;
must be brought within one year; nmust join both 3rd and OR

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insolvency

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an OR is isolvent when the tola of liabilities exceeds teh totla of his assets

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onerous contract made by OR

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may be annulled by OE if the person knew it would increase his insolvency

if he didn;t know, entitled to whateever he gave OR.

good faith presumed if 4/5 fair market value

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oblique action

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OE may sue 3rd in teh name of OR if OR did not bring action, unless the rigth is strictly personal to the OR