Understanding Legal Provisions on Trusts and Sales

Posted on Dec 6, 2024 in Law & Jurisprudence

Section 1464: There is an illicit object in the sale:
1. Of the things that are not in trade;
2. Of the rights or privileges that cannot be transferred to another person;
3. Of the things seized by judicial decree, unless authorized by the judge or the creditor consents;
4. Species whose property is being litigated, without permission of the judge hearing the dispute.

Article 738: The trust is always the condition expressed or implied to exist for the Trustee, or his substitute, at the time of the refund.
This condition of existence can be added to other copulative or disjunctive conditions.

Article 739: Any condition that hangs the return of a trust, and takes more than five years to be fulfilled, shall be missed, unless the death of the trustee is the event that pend restitution.
These five years are counted from the betrayal of trust property.

Article 321 COT: Every judge is prohibited from purchasing or acquiring any title to it, for your spouse or your children, the things or rights that litigate in court that he knows.
This prohibition extends to things or rights that are no longer in dispute, until five years have elapsed since the day he ceased to be, but does not include acquisitions made by way of succession upon death, if we were acquiring regarding the quality of the deceased intestate heir.
Any action in contravention of this article carries with it the vice of nullity, subject to penalties under the Penal Code, which may apply.

COT Section 481: The prohibition in Article 321 shall also apply to judicial prosecutors, advocates, reporters, secretaries, recipients, and members of the technical advice.
Attorneys, Notaries, and the number may not purchase property in which proceedings have intervened and sold as a result of the dispute, although the sale is made by auction.
Article 322: The prohibition exists in respect of the clerks of the court of first instance in civil and mining conservatives.

Section 1800: The attorneys, the liquidators of the contests, and the executors are subject regarding the purchase or sale of the things that have to pass through their hands under these orders, as provided in Article 2144.

Section 2144: A trustee cannot by himself or through an intermediary, buy things that the principal ordered him to sell, or sell his own to the principal what he has ordered to buy, unless it is with the express approval of the principal.

Section 1847: The restoration of eviction is forced upon the seller, comprising:
1. The refund of the price, but the thing at the time of the eviction is worth less;
2. The legal costs of the contract of sale have been met by the buyer;
3. The value of the fruit, the purchaser has been obligated to reimburse the owner, without prejudice to Article 1845;
4. The costs the purchaser has sustained as a result and effect of the application, without prejudice to the provisions of Article;
5. The increase in value as the subject to the eviction thing has taken over to the buyer, even by natural causes or by the mere passage of time.
All the limitations that follow.

Section 1856: The compensation for eviction action prescribes in four years, but as regards the restitution of the price alone, according to general rules prescribed.
There will be time from the date of the sentence of eviction, or if it has not reached a decision, since the return of the thing.

Section 1852: The provision which exempts the seller from the obligation to clean up the eviction does not excuse him from the obligation to repay the price received.
And he will be required to refund the full price, but the thing has deteriorated or diminished in any way its value, even by fact or negligence of the purchaser, except as he has benefited from the decline.
There shall be no obligation to repay the money if he bought knowingly to be another thing, or if he specifically took upon himself the danger of eviction, specifying.
If the eviction is not imposed on the whole thing sold and the portion subject to the eviction is such that it presumably would not have bought the thing without it, he is entitled to seek rescission of the sale.

Section 1858: They are hidden defects which meet the following qualities:
1. They have existed at the time of sale;
2. They are such that for them the thing sold is not used for its natural use, or serves only imperfectly, so knowing them is presumed that the buyer had not bought or have bought at a much lesser price;
3. Not having expressed by the seller, and be such that the buyer was able to ignore without gross negligence on his part, or such that the buyer has not been easy to meet because of their profession or trade.

Section 1857: Rescission action is called which is the buyer’s request for rescission of the sale or the price to be lowered proportionately due to hidden defects of the thing sold, root or cabinet, called rescission.

Section 1861: If the seller knew the vices and did not disclose them, or if the defects are such that the seller should have known because of their profession or trade, he is obliged not only to the refund or rebate of the price, but also to compensate for damages. However, if the seller did not know the vices nor were such that their profession or occupation should know, he will only be obliged to refund or reduce the price.

Section 1859: If it is stipulated that the seller is not obliged to remedy hidden defects of the thing, he is liable to remedy those that he had knowledge of and were not disclosed to the buyer.

Section 1827: If the buyer is in arrears, the seller will pay the rent of warehouses, silos, or vessels which contain the sales, and the vendor will be exempt from ordinary care to keep the thing, and only be responsible for fraud or negligence.

Section 1871: The buyer’s main obligation is to pay the agreed price.

Section 1872: The price must be paid in the stipulated time and place, or in the place and time of delivery, there being no stipulation to the contrary.
However, if the buyer has been disturbed in the possession of the thing or against it proves that there is real action that the seller has given notice before a contract is, he can deposit the money with the authority of justice, and will last the deposit to the seller to make cease the agitation or attach the result of the trial.

Section 1873: If the buyer is in default to pay the price at such time and place, the seller shall be entitled to require the price or rescission of the sale, with compensation for damages.

Section 1489: In bilateral contracts, if the condition subsequent is not fulfilled by either contracting party, the other contracting party may request its discretion or the decision or the performance of the contract, along with compensation for damages.

Section 1833: If the property is sold as a true body, there is no right by the buyer or the seller to ask for a discount or price increase, whatever the place of the property.
However, if it is sold with marking of boundaries, the seller is obliged to deliver all within them, and if he cannot or will not, he requires to observe what is provided in subsection 2 of the preceding article.

Section 1875: The resolution of the sale price not paid shall entitle the seller to retain the deposit, or require them bent, and also ensure that the fruits have them returned, in their entirety if any part of the price has been paid, and in the proportion that corresponds to the part of the price that has not been paid.
The buyer will then have to be right to restore the party who has paid the price.
For the payment of the expense to the buyer and the seller of the impairments shall be considered as the first possessor in bad faith, unless he proves to have suffered in their fortunes, and without fault on his part, damage so great that it has made impossible to implement agreed.

Section 1873: If the buyer is in default to pay the price at such time and place, the seller shall be entitled to require the price or rescission of the sale, with compensation for damages.

Section 1490: If that is a movable term or under condition precedent or subsequent, the alienated, there is no law against non-nuclear claim it in good faith.

Section 1491: If a building is to be so alienated condition, taxed or mortgaged, or easement census, it cannot resolve the alienation or encumbrance, but when the condition was stated on the respective title, registered or granted by public deed.

Section 1874: The non-transferred domain but under the price paid, has no other effect than to produce the alternative demand set forth in the preceding article, and the buyer paying the price, survives in any case dispositions he has made of the thing or the rights set them up on it in the intervening time.

Section 1873: If the buyer is in default to pay the price at such time and place, the seller shall be entitled to require the price or rescission of the sale, with compensation for damages.

Article 680: The tradition can transfer the domain under a condition precedent or subsequent, provided it is expressed.
Verified delivery by the seller transfers ownership of the thing sold, though no price has been paid unless the vendor has reserved the domain until payment, or until the fulfillment of a condition.

Article 686: It carried the tradition of real estate domain for registration of title in the Conservative Record.
In the same way, the tradition of the rights of usufruct or use is in real estate, rights or census room, and the right of mortgage.
About the tradition of the mines will be prevented in the Mining Code.

Section 1909: He who gives in consideration a right of inheritance or bequest does not specify the purpose of which is comprised is not responsible but as the heir or legatee.

Section 1911: Conferring a right at issue when the direct object of the assignment is the uncertain event of litigation, which is not responsible for the transferor.
Litigious means a right, for the purposes of these articles, since the court notifies the application.

Understanding Legal Provisions on Trusts and Sales

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