Table of Contents
CHAPTER V - OF THE EXTINCTION OF OBLIGATIONS
Art. 134. Obligations are extinguished
By voluntary remission;
By the loss of the thing;
By nullity or rescission,
By the effect of the dissolving condition, which has been explained in the preceding chapter;
And by prescription, which shall be the subject of a particular title.
SECTION I - OF PAYMENT
§ 1 - OF PAYMENT IN GENERAL
Art. 135. Every payment presupposes a debt; what has been paid without having been due, is subject to be reclaimed.
That cannot be reclaimed that has been voluntarily given in discharge of a natural obligation.
Art. 136. An obligation may be discharged by any person concerned in it, such as a co-obligee or a security.
The obligation may even be discharged by a third person, no way concerned in it, provided that person act in the name and for the discharge of the debtor, or that if he act in his own name, he be not subrogated to the rights of the creditor.
Art. 137. The obligation of doing, cannot be discharged by a third person, against the will of the creditor, when it is the interest of the latter, that it be fulfilled by the debtor himself.
Art. 138. To make valid payment, the payer must be the owner of the thing given in payment, and capable of alienating it.
Nevertheless payment in a sum of money, or in any thing that is consumed by use, cannot be reclaimed from the creditor who has fairly consumed it, although the payment was made by a person who was not the owner of the thing, or was not capable of alienating it.
Art. 139. The payment must be made to the creditor or to some person having a power from him to receive it, or authorised by a court, or by law, to receive it for him.
Payment made to a person not having power to receive it for the creditor, is valid if the creditor has ratified it, or has profited by it.
Art. 140. Payment made bona fide to him who is in possession of the voucher of the credit, is valid, although the possessor be afterwards evicted of it.
Art. 141. Payment made to the creditor is not valid, if he was incapable of receiving it, unless the debtor proves that the thing paid has accrued to the profit of the creditor.
Art. 142. Payment made by a debtor to his creditor, to the prejudice of a seizure or an attachment, is not valid with regard to the creditors seizing or attaching, these may according to their claims, oblige him to pay anew, and he has in that case alone, recourse against the creditor.
Art. 143. The creditor cannot be constrained to receive any other thing than that which is due, although the value of the thing tendered be equal, or even greater.
Art. 144. The debtor cannot oblige the creditor to receive in part, the payment of a debt, even divisible.
Art. 145. The debtor of a certain and determinate matter, is discharged by the delivery of the thing in the state in which it is, at the time of delivery, provided that, previously to the deterioration, he was not chargeable with delay.
Art. 146. If the debt be of a thing which is determined only by its species, the debtor in order to his discharge is not bound to deliver it, of the best kind, but he cannot tender it of the worst.
Art. 147. The payment must be made in the place specified in the agreement. If the place be not thus specified, the payment in case of a certain and determinate substance, must be made in the place where was, at the time of the agreement, the thing which is the object of it.
These two cases excepted, the payment must be made at the dwelling of the debtor.
Art. 148. The expences attending the payment are at the charge of the debtor.
§ 2 - OF PAYMENT WITH SUBROGATION
Art. 149. Subrogation to the right of a creditor in favor of a third person who pays him, is either conventional or legal.
Art. 150. The subrogation is conventional-
1st. When the creditor receiving his payment from a third person, subrogates him in his rights, actions, privileges, and mortgages against the debtor; this subrogation must be expressed and made at the same time as the payment.
2dly. When the debtor borrows a sum for the purpose of paying his debts, and intending to subrogate the lender in the rights of the creditor. To make this subrogation valid, it is necessary that the act of borrowing, and the receipt, be executed in presence of a notary and two witnesses; that in the act of borrowing, it be declared that the sum was borrowed to make the payment, and that in the receipt, it be declared that the payment has been made with the money furnished for that purpose be the new creditor.
Art. 151. Subrogation takes place of right;
1st, For the benefit of him who, being himself a creditor, pays another creditor whose claim is preferable to his, by reason of his privileges or mortgages;
2d, For the benefit of the purchaser of any immoveable property, who employs the price of his purchase in paying the creditors, to whom the hereditament was mortgaged.
3d, For the benefit of him who being bound with others, or for others, for the payment of the debt, had an interest in discharging it.
4th, For the benefit of the beneficiary heir, who has paid with his own funds the debts of the succession.
Art. 152. The subrogation established by the preceding articles, takes place as well against the securities, as against the debtors. It cannot injure the creditor since if he has been paid but in part, he may exercise his right for what remains due, in preference to him for whom he has received only a partial payment.
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