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Rights Under Suspensive Conditions

The document discusses the rights of creditors and debtors pending the fulfillment of a suspensive condition. It states that creditors may bring actions to preserve their rights before a suspensive condition is fulfilled, and debtors may recover payments made by mistake before such a condition is fulfilled. Creditors' rights include restraining alienation of property and annotating rights in a registry until the condition occurs.

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768 views1 page

Rights Under Suspensive Conditions

The document discusses the rights of creditors and debtors pending the fulfillment of a suspensive condition. It states that creditors may bring actions to preserve their rights before a suspensive condition is fulfilled, and debtors may recover payments made by mistake before such a condition is fulfilled. Creditors' rights include restraining alienation of property and annotating rights in a registry until the condition occurs.

Uploaded by

aes v
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Article 1188.

The creditor may, before the fulfillment of the condition, bring the appropriate actions for
the preservation of his right.

The debtor may recover what during the same time he has paid by mistake in case of a suspensive
condition.

Rights Pending Fulfillment of Suspensive Condition

(1) Rights of creditor


- bring appropriate actions for the preservation of his rights as the debtor may render nugatory (not serious,
ignore) the obligation upon the happening of the condition.

- action for prohibition restraining the alienation of the thing pending the happening of the
suspensive
condition;
- have his rights annotated in the registry.

(2) Rights of debtor


- entitled to recover what has been paid by mistake prior to the happening of the suspensive condition.
- the creditor may or may not be able to fulfill the condition imposed
- he cannot recover what he has prematurely paid once the suspensive condition is fulfilled.

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