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Thing already in possession of party in good faith

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Unformatted text preview: bjects of litigation; contract entered into by defendant w/o knowledge or approval of litigants or judicial authority 5. Payment by an insolvent – on debts w/c are not yet due; prejudices claim of others 6. Provided for by law - art 1526, 1534, 1538, 1539, 1542, 1556, 1560, 1567 and 1659 ii. Under art 1382 - Payments made in a state of insolvency 1. Plaintiff has no other means to obtain reparation. 2. Plaintiff must be able to return whatever he may be obliged to return due to rescission 3. The things must not have been passed to 3rd parties who did not act in bad faith 4. It must be made within the prescribed period (of 4 years) OBLIGATION CREATED BY THE RESCISSION OF THE CONTRACT: Mutual Restitution a. Things w/c are the objects of the contract and their fruits b. Price with interest MUTUAL RESTITUTION NOT APPLICABLE WHEN a. creditor did not receive anything from contract b. thing already in possession of party in good faith; subject to indemnity only; if there are 2 st or more alienations – liability of 1 infractor BADGES OF FRAUD QuickTime™ and a TIFF (Uncompressed) decompressor a. consideration toof this the conveyance is are needed see picture. inadequate or fictitious b. transfer was made by a debtor after a suit has been begun and while it is pending against him c. sale upon credit by an insolvent debtor d. evidence of indebtedness or complete insolvency e. transfer of all his property by a debtor when he is financially embarrassed or insolvent f. transfer made between father and son where there is present any of the above circumstances g. failure of the vendee to take exclusive possession of the property Rescission in Art 1191 It is a principal action retaliatory in character Only ground is nonperformance of one’s obligation or what is incumbent upon him Applies only to reciprocal obligation Only a party to the contract may demand fulfillment or seek the rescission of the contract Court may fix a period or grant extension of time for the fulfillment of the obligation Its purpose is to cancel the contract Rescission Proper in Art 138...
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