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divided between the different partnerships in proportion to the time of their duration and to the property owned by the respective spouses. CHAPTER SIXTH.-Separation of the property of the spouses and its administration by the wife during the marriage.

ART. 1432. In the absence of a specific declaration in the marriage contract, the separation of the property of the spouses, during the marriage, shall not take place except by virtue of a judicial decree, except in the case prescribed by article 50.

ART. 1433. The husband and the wife may request the separation of the property, and it shall be decreed, whenever the spouse of the plaintiff should have been condemned to a penalty which includes civil interdiction, or should have been declared an absentee, or should have given cause for divorce.

In order that the separation may be decreed, it shall be sufficient to present the final judgment rendered against the guilty or absent spouse in each one of the three cases above mentioned.

ART. 1434. After the separation of property has been ordered the conjugal partnership shall be dissolved, and its liquidation shall be made according to the provisions of this code.

Nevertheless, the husband and the wife shall mutually attend to their support during the separation, and to the support of the children, as well as to their education, each one in proportion to his or her respective means.

ART. 1435. The power to administer the property of the marriage granted to the husband by this code shall continue in force if the separation should have been granted at his instance; but, in such case, the wife shall not have any right to the subsequent profits of the partnership, and the rights and obligations of the husband shall be governed by the provisions of sections second and third, chapter third of this title.

ART. 1436. If the separation should have been granted at the instance of the wife by reason of the civil interdiction of the husband, the administration of all the property of the marriage and the right to all the future partnership property shall be transferred to the wife, to the exclusion of the husband.

If the separation should be granted because the husband has been declared an absentee, or because he has given cause for divorce, the wife shall enter upon the administration of her dowry and of all further property which may have been awarded to her as a result of the liquidation.

In all the cases referred to in this article the wife shall be obliged to comply with all that is prescribed in the second paragraph of article

1434.

ART. 1437. The suit for separation and the final judgment declaring it, when involving real property, must be entered and recorded, respectively, in the proper registries of property.

ART. 1438. The separation of the property shall not prejudice rights previously acquired by creditors.

ART. 1439. If the separation should cease by reconciliation, in cases of divorce, or because in the other cases the causes have disappeared, the property of the marriage shall again be governed by the same

rules as before the separation, without prejudice to what may have been legally done during the same.

At the time of reunion the spouses shall specify in a public instrument the property which they bring anew, and said property shall be that forming the private estate of each one of them respectively.

In the case mentioned in this article, all said property shall always be considered as new property brought to the marriage, even though it be the same, either partially or wholly, which existed before the liquidation made by reason of the separation.

ART. 1440. The separation shall not entitle the spouses to exercise the rights stipulated under the presumption of death of one of them, nor those granted them by articles 1374 and 1420, but it shall not prejudice them in their exercise, when such case occurs, excepting the provisions of article 73.

ART. 1441. The administration of the property belonging to the marriage shall be transferred to the wife:

1. Whenever she is the guardian of her husband in accordance with article 220.

2. When she requests the declaration of absence of the said husband, in accordance with articles 183 and 185.

3. In the case of the first paragraph of article 1436.

The courts shall also confer the administration upon the wife, with the limitations they may consider advisable, if the husband should be a fugitive or should have been declared contumacious in a criminal cause, or if, being absolutely disqualified for the administration, he should have taken no steps with regard thereto.

ART. 1442. The wife, upon whom the administration of all the property of the marriage may devolve, shall have, with regard thereto, the identical powers and liabilities as the husband when he exercises it, but always subject to the provisions contained in the last paragraph of the preceding article and in article 1444.

ART. 1443. The administration of her dowry shall be transferred to the wife in the case prescribed in article 225, and when the court orders it by virtue of the provisions of article 1441, but she shall remain subject to what is prescribed in the second paragraph of article 1434.

GENERAL PROVISION.

ART. 1444. The wife can neither alienate nor encumber during the marriage, without judicial permission, the real property which may have pertained to her in case of separation, nor that, the administration of which may have been transferred to her.

The permission shall be granted provided the advisability or necessity for the alienation be proven.

When said alienation involves public securities or stock of commercial enterprises and companies and can not be postponed without serious or imminent injury to the estate in administraiton, the wife, with the intervention of an agent or broker, may sell them, placing the proceeds in judicial deposit until the approval of the judge or court of competent jurisdiction has been obtained.

The agent or broker shall always be personally liable for the making of the consignation or deposit referred to in the preceding paragraph.

TITLE IV.-CONTRACT OF PURCHASE AND SALE.

CHAPTER FIRST.-Nature and form of this contract.

ART. 1445. By a contract of purchase and sale one of the contracting parties binds himself to deliver a specified thing and the other to pay a certain price therefor in money or in something representing the

same.

ART. 1446. If the price of the sale should consist partly in money and partly in something else, the contract shall be judged by the manifest intention of the contracting parties. When this intention should not appear, the contract shall be considered as a barter if the value of the thing given as a part of the price exceeds that of the money or its equivalent, and otherwise it shall be considered as a sale. ART. 1447. In order that the price may be considered fixed, it shall be sufficient that it be fixed with regard to another determinate thing also specific, or that the determination of the same be left to the judg ment of a specified person.

Should such person not be able to or not wish to fix the price, the contract shall be of no effect.

ART. 1448. The price of securities, grain, liquids, and of other perishable things shall also be considered as fixed when the prices fixed are the same as the things, if sold, would have on a certain day on exchange or on the market, or when a certain amount is fixed above or below the price of such day, on exchange or on the market, provided said price be fixed.

ART. 1449. The determination of the price can never be left to the judgment of one of the contracting parties.

ART. 1450. The sale shall be perfected between vendor and vendee and shall be binding on both of them, if they have agreed upon the thing which is the object of the contract and upon the price, even when neither has been delivered.

ART. 1451. A promise to sell or buy, there being an agreement as to the thing and price, gives a right to the contracting parties to mutually demand the fulfillment of the contract.

Whenever the promise to purchase and sell can not be fulfilled, the provisions relating to obligations and contracts of this book shall be observed by the vendor and by the vendee, as the case may

be.

ART. 1452. The injury to or the profit of the thing sold shall, after the contract has been perfected, be governed by the provisions of articles 1096 and 1182.

This rule shall be applied to the sale of perishable things, made independently and for a single price, or without consideration as to weight, number, or measure.

If the perishable things should be sold for a price fixed with regard to weight, number, or measure, the risk shall not be charged to the vendee, until they have been weighed, counted, or measured, unless the latter should be in default.

ART. 1453. A sale, made subject to approval or trial of the things sold, and the sales of things which it is usual to test or try before being received, shall always be considered as made under a condition precedent.

ART. 1454. When earnest money or a pledge has been given in the contract of purchase and sale, the contract may be rescinded, if the vendee should agree to forfeit the money or the vendor to return double the amount.

ART. 1455. The expense of the execution of the instrument shall be for the account of the vendor, and those of the first copy and those subsequent to the sale shall be charged to the vendee, unless there is an agreement to the contrary.

ART. 1456. Forcible alienation by reason of public utility shall be governed by the provisions of special laws.

CHAPTER SECOND.-Capacity to purchase or sell.

ART. 1457. A contract of purchase and sale may be executed by all persons who, according to this code, are authorized to bind themselves, excepting the modifications contained in the following articles.

ART. 1458. The husband and the wife can not mutually sell property to each other, except in case the separation of property has been agreed upon or when a judicial separation of the said property should have taken place, authorized in accordance with the provisions of chapter sixth, title third, of this book.

ART. 1459. The following persons can not acquire by purchase, even at public or judicial auction, neither in person nor by an agent: 1. The guardian or protutor, the property of the person or persons who may be under their guardianship.

2. Agents, the property the administration or sale of which may have been intrusted to them.

3. Executors, the property intrusted to their care.

4. Public officials, the property of the State, municipalities, towns, and also of public institutions, the administration of which has been intrusted to them.

This provision shall apply to judges and experts who, in any manner whatsoever, take part in the sale.

5. Associate justices, judges, members of the department of public prosecution, clerks of superior and inferior courts, and officials of justice, the property and rights in litigation before the court in the jurisdiction or territory over which they exercise their respective duties, this prohibition including the act of acquiring by assignment. From this rule shall be excepted the cases in which hereditary actions among coheirs are involved, or assignments in payment of debts, or security for the goods they may possess.

The prohibition contained in this number shall include the lawyers and solicitors with regard to the property and rights, which may be the object of the litigation, in which they may take part by virtue of their profession and office.

CHAPTER THIRD.-Effects of the contract of purchase and sale when the thing sold has been lost.

ART. 1460. If, at the time of making the sale, the thing which is the object thereof has been wholly lost, the contract shall be of no effect.

But if the thing should be lost in part only, the vendee shall choose between withdrawing from the contract or demanding the existing part, paying its price, in proportion to the total sum agreed upon.

CHAPTER FOURTH.-Obligations of the vendor.

SECTION FIRST.-General provision.

ART. 1461. A vendor is bound to deliver and warrant the thing which is the object of the sale.

SECTION SECOND.-Delivery of the thing sold.

ART. 1462. A thing sold shall be considered as delivered, when it is placed in the hands and possession of the vendee.

When the sale should be made by means of a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract, if in said instrument the contrary does not appear or may be clearly inferred.

ART. 1463. With the exception of the cases mentioned in the preceding article, the delivery of personal property shall be made by the delivery of the keys of the place or depository where it is stored or kept, and by the mere consent and agreement of the contracting parties, if the thing sold can not be transferred to the possession of the vendee, at the time of the sale, or if the latter already held it in his possession for any other reason.

ART. 1464. With regard to incorporeal things, the provisions of the second paragraph of article 1462 shall govern. In any other case in which it can not be applied, the placing of the titles of ownership in the possession of the vendee or the use which he may make of his right with the consent of the vendor shall be considered as a delivery. ART. 1465. The costs of the delivery of the thing sold shall be borne by the vendor, and those of its removal or transportation by the vendee, except in case of a special stipulation.

ART. 1466. The vendor shall not be bound to deliver the thing sold, if the vendee should not have paid the price, or if a period for the payment has not been fixed in the contract.

ART. 1467. Neither shall the vendor be obliged to deliver the thing sold when a delay or time for payment may have been agreed upon, and it should be discovered after the sale that the vendee is insolvent to such a degree that the vendor is in imminent danger of losing the price.

From this rule is excepted the case in which the vendee gives se- . curity for the payment within the time agreed upon.

ART. 1468. The vendor must deliver the thing sold in its condition at the time of the completion of the contract.

All the fruits shall belong to the vendee from the day on which the contract was perfected.

ART. 1469. The obligation to deliver the thing sold includes that of placing in the possession of the vendee all that is mentioned in the contract, according to the following rules:

If the sale of real property should be made with a statement of its area, at the rate of a certain price for a unit of measure or number,

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