CIVIL CODE

 

LEGISLATIVE DECREE No. 295

PRELIMINARY TITLE

Article I. - Repeal of the law

The law was repealed only by another act of law.

The repeal is produced by an express declaration, for incompatibility between the new law and the previous one, or when the subject matter of this is entirely regulated by that.

By the repeal of a law not being restored to the effect that she has been repealed.

Article II.- Abusive exercise of the right

The law does not protect the exercise nor the failure abusive of a right. To sue for compensation or other claim, the interested party may apply appropriate precautionary measures to avoid or suppress temporarily the abuse.

* Article amended by the First Amending Provision of the DL 768, Code of Civil Procedure (which, in turn, was amended by the D-L 25940). The CPC was published on march 4, 1992, but came into force on 28 July 1993 (link: lpd.pe/k6eBx).

Article III.- Application of the law at the time

The law applies to the consequences of the relationships and legal situations. You do not have the force and effect retroactively, except for the exceptions provided for in the Constitution of Peru.

Article IV.- Analogical application of the law

The law provides for exceptions or restricts rights do not apply by analogy.

Article V. - public Order, good customs and nullity of the legal act

Is null the legal act contrary to the laws of interest to the public order or good customs.

Article VI.- Interest to act

To exercise or to answer an action, it is necessary to have a legitimate interest in the economic or moral.

The moral interest authorizes the action only when it refers directly to the agent or your family, unless express provision of the law.

Article VII.- Application of relevant law by the judge

The judges have the obligation to apply the relevant legal norm, although it has not been invoked on demand.

Article VIII.- Obligation to supply the defects or deficiencies of the law

The judges can't stop administer justice by defect or deficiency of the law. In such cases, you must apply the general principles of law and, preferably, the ones that inspire the peruvian law.

Article IX.- Supplementary application of the Civil Code

The provisions of the Civil Code are applied complementarily to the relationships and legal situations regulated by other laws, provided they are not incompatible with its nature.

Article X. - Gaps of the law

The Supreme Court of Justice, the Court of Constitutional Guarantees and the Prosecutor of the Nation are required to report to Congress of the voids or defects of the legislation.

They have the same obligation judges and prosecutors to their respective superiors.

BOOK I: THE RIGHT OF THE PEOPLE

First section: natural Persons

Title I: the Beginning of the person

Article 1.- A subject of the Law

The human person is the subject of rights from its birth.

Human life begins with conception. The designed is subject to law for all the favors. The allocation of property rights is conditional on the born alive.

Article 2.- Recognition of pregnancy or childbirth.*

The woman can apply for judicial recognition of your pregnancy or childbirth, with citation of the people who have an interest in the birth.

The request is processed as early test, with citation of the people by an indication of the applicant or at the discretion of the Judge, may have rights that are affected. The Judge may order, ex officio, the action of the evidence which it considers relevant. This process is not supported opposition.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Title II: Rights of the person

Article 3.- Legal capacity*

Every person has the legal capacity for the enjoyment and exercise of their rights.

Exercise capacity can only be restricted by law. Persons with disabilities have the ability to exercise in conditions of equality in all aspects of life.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 4.- Equality between man and women in the enjoyment and exercise of their rights

The man and women have equal capacity of enjoyment and exercise of civil rights.

Article 5.- Non-waiver of fundamental rights

The right to life, physical integrity, freedom, honour, and others are inherent to the human person are inalienable and cannot be the subject of assignment. Your exercise does not have a voluntary limitation, except as provided in article 6.

Article 6.- Acts of provision of own body

The acts of disposition of one's own body are prohibited or when it may cause a permanent decrease of the physical integrity or when in any way be contrary to public order or good customs. However, they are valid if your requirement corresponds to a state of necessity, medical or surgical, or if you are inspired by humanitarian grounds.

The acts of disposition or use of organs and tissues of human beings are regulated by the law on the matter.

Article 7.- Organ or tissue donation

The donation of body parts or organs or tissues that do not regenerate should not seriously harm the health or greatly reduce the life time of the donor. Such provision is subject to express and written consent of the donor.

Article 8.- Disposal of the body post morten

It is valid the act by which a person has selflessly of all or part of his body to be used, after his death, for the purposes of social interest or for the prolongation of human life.

The provision favours only the person designated as the beneficiary or scientific institutions, teachers, hospital or bank of organs or tissues that do not pursue profit.

Article 9.- Revocation of the donation of the human body

It is revocable prior to its consummation, the act by which a person has in life from his body, in accordance with article 6. It is also revoked the act by which the person has, for after his death, of all or part of your body.

The revocation does not give rise to the exercise of any action.

Article 10.- The disposal of the corpse by competent entity*

The head of the health establishment, or the service of autopsies where they find a dead body can dispose of some of it for the preservation or extension of the human life, with the knowledge of the relatives referred to in article 13.

The same officials may dispose of the corpse that is not identified or abandoned, for the purposes of article 8, in accordance with the law of the matter.

* Article amended by the Law 30473published June 29, 2016 (link: lpd.pe/0e5w1).

Article 11.- Validity of the obligation of submission to medical examination

Are valid stipulations by which a person is obliged to submit to a medical examination, provided that the preservation of their health or fitness psychic or physical to be main reason of the contractual relationship.

Article 12.- Unenforceability of contracts dangerous to the person

Are not enforceable contracts which have as their object the realization of acts exceptionally dangerous to life or physical integrity of a person, except that they correspond to your usual activity and the adoption of measures of forecast and security appropriate to the circumstances.

Article 13.- Acts funeral

In the absence of a declaration made in life, corresponds to the decedent's spouse, his descendants, ascendants, brothers, or sisters, excluyentemente and in this order, decide on the autopsy, cremation and burial without prejudice to the rules of public order relevant.

Article 14.- Right to personal and family privacy

The intimacy of the personal and family life cannot be demonstrated without the consent of the person or if it has died, without your spouse, descendants, ascendants, brothers, or sisters, excluyentemente and in this order.

Article 15.- The right to the image and voice

The image and voice of a person may not be used without express permission from him or her or, if she has died, without the consent of his spouse, descendants, ascendants, brothers, or sisters, excluyentemente and in this order.

Such assent is not necessary when the use of the image and the voice is justified by the notoriety of the person, because of the position I play, for events of public importance or interest or for reasons of scientific, educational or cultural, and insofar as it relates to acts or ceremonies of general interest that are held in public. Do not apply these exceptions when the use of the image or the voice prejudicial to the honour, decorum, or the reputation of the person to whom they belong.

Article 16.- Confidentiality of correspondence and other communications

The epistolary correspondence, the communications of any kind, or recordings of the voice, when they are of a confidential nature or relates to the privacy of the personal and family life, they cannot be intercepted or disclosed without the consent of the author and, if applicable, to the recipient. The publication of the personal memories or family, in the same circumstances, requires the authorization of the author.

Dead the author or the recipient, as the case corresponds to the heirs the right to grant the relevant consent. If there is not agreement among the heirs, will the judge decide.

The prohibition of posthumous publication made by the author or the recipient may not be extended beyond fifty years after his death.

Article 17.- Defense of the rights of the person

The violation of any of the rights of the person referred to in this title, it gives the aggrieved or his heirs to action to demand the cessation of the acts harmful.

The liability is solidary.

Article 18.- Protection of the rights of author and inventor

The rights of the author or the inventor, in any form, or mode of expression of their work, they enjoy legal protection in accordance with the law of the matter.

Title III: Name

Article 19.- Right to name

Every person has the right and the duty to carry a name. This includes last names.

Article 20.- Last name of the child*

The child will get the first surname of the father and the first of the mother.

* Article amended by the Law 28720published on April 25, 2006 (link: lpd.pe/0zvqX).

Article 21.- Registration of birth*

When the father or the mother to make separately the registration of the birth of the child born out of marriage, you will be able to reveal the name of the person with whom he had had. In this course, the child shall bear the surname of the father or of the mother, who enrolled, as well as the presumed ancestor, in this latter case does not set a bond of filiation.

After registration, within thirty (30) days, the registrar shall, under the responsibility, be made aware of the alleged parent is such a fact, in accordance with the regulations.

When the mother does not reveal the identity of the father, you will be able to enroll your child with their last name.

* Article amended by the Law 28720published on April 25, 2006 (link: lpd.pe/0zvqX).

Article 22.- Name of the adopted*

The adopted bears the surname of the adopter or adopters.

The son of one of the spouses or partners may be adopted by the other. In such a case, it takes as the first surname of the adoptive parent and the second that of the biological mother or, the first surname of the biological father and the first surname of the mother, adoptive parent, as the case may be.

* Article amended by the Law 30084published September 22, 2013 (link: lpd.pe/pbbjO).

Article 23.- Name of the newborn child of unknown parents

The newly-born and whose parents are unknown must be registered with the appropriate name assigned to him by the registrar of civil status.

Article 24.- Right of the woman to carry the surname of the husband

The woman has the right to take her husband's surname added to theirs, and to preserve it as not to contract a new marriage. Cease any such right in the event of divorce or nullity of marriage.

In the case of legal separation, the woman retains her right to take the husband's last name. In the event of a dispute resolved by a judge.

Article 25.- Test name

The test referring to the name results from its respective entry in the records of civil status.

Article 26.- Defense of the right to the name

Every person has the right to demand that we designate by name.

When you violate this right can be ordered the cessation of the cause for complaint and the appropriate compensation.

Article 27.- Nullity of agreements on the name

Is null the convention on the name of a natural person, except for the purposes of advertising, social interest and that the law establishes.

Article 28.- Compensation for the usurpation name

Anyone can use a name that does not correspond to it. Who is harmed by the theft of your name have action to put an end to it and get the appropriate compensation.

Article 29.- Change or addition of name

No one can change your name or make additions, except for good cause and by leave of the court, duly published and registered.

The change or addition to the name reached, if the case may be, to the spouse and minor children.

Article 30.- Effects of the change or addition of name

The change or addition of the name does not change the civil status of the person who obtains or constitute proof of filiation.

Article 31.- Judicial challenge for change or addition of name

The person aggrieved by a change or addition of a name can challenge in court.

Article 32.- Legal protection of the pseudonym

The pseudonym, when it acquires the importance of a name, enjoys the same legal protection afforded to it.

Title IV: Home

Article 33.- Home

The home address is the usual residence of the person in a place.

Article 34.- Special home*

You can designate special home for the execution of legal acts. This designation only means submission to the territorial jurisdiction concerned, unless agreed differently.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 35.- Person with several addresses

The person who lives alternately or has usual occupations at multiple locations is considered domiciled in any of them.

Article 36.- Domicile conjugal

The marital home is one in which the spouses live together, or, in his default, the last one they shared.

Article 37.- Home of the incapable

The unable to have the domicile of their legal representatives.

Article 38.- Address of public officials

Public officials are domiciled in the place where they exert their functions, without prejudice, in its case, to the provisions of article 33.

The address of the persons residing temporarily abroad, in the exercise of functions of the State or by other causes, is the latest to have been in the national territory.

Article 39.- Change of address

The change of address is done by the transfer of normal residence to another place.

Article 40.- Opposition to the change-of-address*

The debtor must inform the creditor of the change of address specified for the compliance of the provision obligacional, within thirty (30) days of the occurrence, under the civil liability and/or criminal proceedings to which they are entitled.

The debtor and third parties to the relationship obligacional with the creditor, is entitled to oppose to those of your change of address.

The opposability of change of address shall be effected by communication indubitable.

* Article amended by the Law 27723published on may 14, 2002 (link: lpd.pe/p3r49).

Article 41.- People without a usual residence

To the person who has no habitual residence are considered domiciled in the place where it is located.

Title V: Ability and inability to exercise

Article 42.- Ability to exercise full*

Any person over the age of eighteen years, has full exercise capacity. This includes all persons with disabilities, on an equal basis with others in all aspects of life, regardless of if they use or require reasonable adjustments or support for the manifestation of his will.

* Article amended by the following devices:
1. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
2. Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).

Article 43.- Inability absolute*

They are absolutely unable to:

1. Minors under the age of sixteen years, except for those acts determined by the law.

2. [Repealed]

3. [Repealed]

* Article amended by the following devices:
1. Law 29973published December 24, 2012, repealed the numeral 3 (link: lpd.pe/26vbb).
2. DL 1384published on 4 September 2018, which repealed the numeral 2 (link: lpd.pe/pxRn8).

Article 44.- Exercise capacity restricted*

Have exercise capacity restricted.

1. The largest of sixteen and under eighteen years of age.

2. [Repealed]

3. [Repealed]

4. The prodigals.

5. Incurred in bad management.

6. The drunk usual.

7. The drug addicts.

8. Those who suffer grief that leads appended to ban civil.

9. The people who are in a state of coma, provided that it has not designated a support earlier.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8). This DL amended the first paragraph, added the numeral 9 and abrogated the numerals 2 and 3.

Article 45.- Reasonable adjustments and support*

Any person with a disability who require reasonable adjustments or support for the exercise of their legal capacity, you can order them or them, according to their free choice.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 45-A. - Legal Representatives*

People with exercise capacity restricted referred to in items 1 to 8 of article 44 shall have a legal representative who shall exercise the rights according to the rules relating to the custody, guardianship or curatorship.

* Article incorporated by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 45-B. - Designation of supports and safeguards*

Can be designated supports and safeguards:

1. Persons with disabilities who have shown their willingness to may[n] count with the support and safeguards designated court or a notary public.

2. Persons with disabilities who are unable to express his desire will be able to count with the support and safeguards designated by the court.

3. The people who are in a state of coma which had been designated a support previously maintained the support designated.

4. People with exercise capacity restricted referred to in point 9 of article 44 will be provided with the supports and safeguards established by the court, in accordance with the provisions of article 659-E of this Code.

* Article incorporated by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 46.- Assumptions for the cessation of the disability*

The disability ceases, from the birth of a son or daughter only to perform the following acts:

1. Registering the birth and to recognize their sons and daughters.

2. Sue for costs of pregnancy and childbirth.

3. Sue and be part in the processes of tenure, food and visitation in favor of their sons and daughters.

4. Sue and be part in the processes of affiliation outside of marriage of their sons and daughters.

5. Celebrate reconciliations extrajudicial documents in favor of their sons and daughters.

6. Apply for entry in the Record the Unique Identification of Natural Persons, to process the shipment and obtain your National Identity Document.

7. Challenge judicially the paternity.

* Article amended by the following devices:
1. Law 27201published November 14, 1999 (link: lpd.pe/0NxgM).
2. Law 29274published on October 28, 2008 (link: lpd.pe/0Q5D7).
3. DL 1377published on August 24, 2018 (link: lpd.pe/0YBw3).
4. Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).

Article 46-A. - Capacity acquired by official title*

The inability of people over the age of sixteen (16) years of age ceases to obtain official title authorizing them to exercise a profession or trade. Does not apply to marriage.

* Article incorporated by the Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).

Title VI: No

Chapter one: the Disappearance

Article 47.- Appointment of curator disappearance*

When a person is not in the place of his residence and it's been more than sixty days without any news about his whereabouts, any relative up to the fourth degree of consanguinity or affinity, to the exclusion of the more distant, may request the appointment of a curator ad interim. You can also apply who invoke a legitimate interest in the business or affairs of the disappeared, with citation of the known family and the Public Ministry. The request is processed as a non-adversarial process.

Not applicable to the appointment of a curator if the deceased has a representative or agent with sufficient powers inscribed in the public registry.

* Article amended by the First Amending Provision of the DL 768, Code of Civil Procedure (which, in turn, was amended by the D-L 25940). The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 48.- Rules governing the guardianship of the disappeared

The curatorship to get to in article 47 shall be governed by the provisions of the articles 564 to 618, as they are relevant.

Second chapter: Declaration of absence

Article 49.- Judicial declaration of absence

Two years have elapsed since that was the last news of the disappeared, anyone who has legitimate interest or the Public prosecutor may request the judicial declaration of absence.

The court in the last home which had disappeared or that of the place where the greatest part of his property.

Article 50.- Temporary possession of the property of the absent

In the judicial declaration of absence shall be ordered to give the temporary possession of the property of absent to those who would be his compulsory heirs at the time of issuing its judgment.

If there is no person with this quality will continue to, with respect to the property of the absent, curatorship is established in article 47.

Article 51.- Powers and limits of the possessor of the property of the absent

The temporary possession of the property of the absent, as referred to in article 50, should be preceded by the formation of the respective inventory valued.

The holder has the rights and obligations inherent to the possession and enjoying the fruits with the limitation of book of which is a part equal to the share of the absent.

Article 52.- Unavailability of property of the absent

Those who have obtained temporary possession of the property of the absent may not alienate them or gravarlos, except in cases of necessity or utility subject to the provisions of article 56.

Article 53.- Registration of the judicial declaration of absence

The judicial declaration of absence must be registered in the registry of mandates and powers to extinguish granted by the absent.

Article 54.- Appointment of receiver

At the request of anyone who has obtained temporary possession of the property of the absent, applicable to the appointment of the receiver.

Article 55.- Rights and obligations of the receiver

Are the rights and obligations of the judicial administrator of the estate of the absent:

1. To perceive the fruits.

2. To pay the debts of the absent, and to meet the costs of the heritage that it manages.

3. Book in bank account, or with the assurances that point to the judge, the fee referred to in article 51.

4. Distribute evenly among the people that points to the article 50 available balances, in proportion to their eventual inheritance.

5. To exercise the judicial representation of the absent with special abilities and general conferred by law, except those imported acts of disposal.

6. Exercise any other attribution is not provided for, if it be convenient to heritage under its administration, prior judicial authorization.

7. Give an account of his administration in the cases provided for by law.

Article 56.- Court authorization to dispose of the property of the absent

In case of necessity or utility, and prior judicial authorization, the administrator may dispose of or encumber property of the absent to the extent necessary.

Article 57.- Additional application of rules of procedural norms

In matters not provided for by articles 55 and 56 apply the provisions of the Code of Civil procedure on judicial management of common goods.

Article 58.- Food for compulsory heirs of the absent*

The spouse of the absentee, or other compulsory heirs financially dependent on him, which does not receive enough income to meet their food needs, may apply to the court for the allowance of a pension, the amount of which will be determined according to the economic status of applicants and the amount of the capital invested.

This claim is processed according to the process summary of food, in what is applicable.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 59.- Order of the judicial declaration of absence

Cease the effects of the judicial declaration of absence by:

1. Return of the absent.

2. Designation of agent with sufficient powers, made by the absent subsequent to the statement.

3. Checking the death of the absent.

4. Judicial declaration of presumed death.

Article 60.- Restitution or succession of the estate of a missing*

In the cases of subsections 1 and 2 of article 59 is returned to its owner's heritage, in the state in which it is located. The request is processed as a non-adversarial process with the citation of those who applied for the declaration of absence.

In the cases of paragraphs 3 and 4 of article 59, it proceeds to the opening of the succession.

* Article amended by the First Amending Provision of the DL 768, Code of Civil Procedure ("this amendment was added to the DL 768 by D-L 25940). The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Title VII: Order of the person

Chapter one: Death

Article 61.- Purpose of the person

Death puts an end to the person.

Article 62.- Conmoriencia

If you can't prove which of two or more people died first, it is said to be dead at the same time, and between them there is no transmission of hereditary rights.

Second chapter: Declaration of presumed death

Article 63.- Origin of judicial declaration of presumed death

It came from the declaration of presumed death, without which it is indispensable, in the absence, at the request of any interested person or of the Public Ministry in the following cases:

1. After the expiry of ten years from the latest news of the missing or five if it has more than eighty years of age.

2. After the expiry of two years if the disappearance occurred in circumstances constituting a risk of death. The term runs from the cessation of the hazardous event.

3. When there is certainty of death without the corpse to be found or recognized.

Article 64.- Effects of the declaration of presumed death

The declaration of presumed death dissolves the marriage of the disappeared. This resolution was entered in the register of deaths.

Article 65.- Content of the resolution of presumed death

In the resolution, which declares the presumed death indicated the probable date and, if possible, the place of death of the missing person.

Article 66.- Irrelevance of the declaration of presumed death

The judge considers it inappropriate to allow the declaration of presumed death may declare the absence.

Chapter three: Recognition of existence

Article 67.- Recognition of existence*

The existence of the person whose death would have been judicially declared, it can be recognized at the request of any interested party, or the Public Ministry. The claim is processed as a non-adversarial process, with citation of those who applied for the declaration of presumed death.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 68.- Effects on the new marriage

The recognition of existence does not invalidate the marriage that had contracted the spouse.

Article 69.- Faculty of claim to the property

The recognition of existence entitles the person to claim their property, according to law.

Title VIII: Registers of civil status

Articles 70-75.- [Repealed]*

* Items are repealed by the Seventh and Final Disposal of the Law 26497published on July 12, 1995 (link: lpd.pe/0KDEb).

Second section: legal Persons

Title I: general Provisions

Article 76.- Rules governing the legal person

The existence, capacity, regime, rights, obligations and purposes of the legal person, is determined by the provisions of this Code or of the respective laws.

The legal person of public law internal is governed by the law of its creation.

Article 77.- Start of the legal person

The existence of the legal person of private law starts on the day of its registration in the respective register, except different layout of the law.

The effectiveness of the events held in the name of the legal person before your registration is subject to this requirement and its ratification within three months of having been enrolled.

If the legal entity does not constitute or is not ratify the acts done in the name of she, those who have held are unlimited and severally liable to third parties.

Article 78.- Difference between legal entity and its members

The person's legal existence distinct from its members and none of these, nor all of them have a right to the heritage of it, or are forced to satisfy their debts.

Article 79.- Representative of the legal person is a member of another

The legal person is a member of another should indicate who represents it with this one.

Title II: Association

Article 80.- Notion

The association is a stable organization of natural or legal persons, or of both, which, through a common activity pursues a purpose not-for-profit.

Article 81.- Statute of the association

The status must be recorded in a public deed, except different layout of the law.

If the association is religious, their internal regime is regulated in accordance with the statute approved by the appropriate ecclesiastical authority.

Article 82.- Content of the statute

The bylaws of the association must state:

1. The name, duration, and address.

2. The end.

3. The goods that comprise the social heritage.

4. The constitution and functioning of the general assembly of partners, board of directors, and other bodies of the association.

5.- The conditions for admission, resignation and expulsion of its members.

6. The rights and duties of the partners.

7. The requirements for modification.

8. The norms for the dissolution and liquidation of the association and those relating to the final destination of your goods.

9. The other covenants and conditions to be established.

Article 83.- Books of the association

Every association must have a book-to-date records showing the name, activity, address, and date of admission of each one of its members, with an indication of the exercising positions of management or representation.

The association must have, in addition, with books of minutes of the sessions of general assembly and board of trustees, in which shall be recorded the resolutions adopted.

The books referred to in this article are carried with the formalities of law, under the responsibility of the president of the executive council of the association and in accordance with the requirements set by the statute.

Article 84.- General Assembly

The general assembly is the supreme organ of the association.

Article 85.- Call*

The general assembly is convened by the president of the executive council of the association, in the cases provided for in the statute, when agreed by the said board of directors, or when requested by not less than one-tenth of partners.

If the request is not served within fifteen days of being filed, or is denied, the call is made by the judge of first instance of the registered office of the association, at the request of the same partners.

The application is dealt as a process summary.

The judge if it covers the application, ordered the call-up, according to the statute, stating the place, day and hour of the meeting, its purpose, who shall preside, and the notary of faith of the agreements.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 86.- Powers of the General Assembly

The general assembly elects the members of the board of directors, approves the accounts and balance sheets, resolved on amendment of the statute, the dissolution of the partnership, and other matters that do not fall within the competence of other organs.

Article 87.- Quorum for the adoption of agreements

For the validity of the meetings of the general assembly is required, on first call, the attendance of more than half of the partners. In the second call, simply the presence of any number of partners. Resolutions are adopted with the vote of more than half of the members present.

To modify the articles of association or to dissolve the association is required, on first call, the attendance of more than half of the partners. Resolutions are adopted with the vote of more than half of the members present. In the second meeting, resolutions are passed with the associates in attendance and representing not less than one-tenth.

The partners can be represented in the general assembly, by another person. The statute may provide that the representative may be another associate.

The representation is given by a public deed. It can also be conferred by the other written form, and only with a special character for each assembly.

Article 88.- Right to vote

No associate has the right for himself to more than one vote.

Article 89.- Highly personal nature of the quality of the associated

The quality of associate is inherent to the individual and is not transmissible, except as permitted by the statute.

Article 90.- Waiver of the associated

The resignation of the partners must be made in writing.

Article 91.- Payment of contributions

The associated renunciants, the excluded and the successors of the associated dead are obliged to pay the dues that they have ceased to pay, and may not demand the refund of their contributions.

Article 92.- Judicial challenge of agreements*

Each associate has the right to appeal to a court agreements in violation of the legal provisions or statutory.

The actions impugnatorias must be exercised within a period not exceeding sixty days from the date of the agreement. Can be brought by the attendees if they would have left a record in the minutes of their opposition to the agreement, by the associated non-concurrent and for those who have been deprived unlawfully to cast their vote.

If the agreement is eligible for entry in the register, the challenge may be filed within thirty days following the date on which the registration took place.

Any partner can intervene in the trial, at its expense, to defend the validity of the agreement.

The challenge will suit in the Civil court of the domicile of the association and is processed as a shortened process.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 93.- Responsibility of the directors

The partners, who play officers are responsible to the association, in accordance with the rules of the representation, except those that have not participated in the act which caused the damage or that leave a record of his opposition.

Article 94.- Dissolution of right

The partnership is dissolved as of right when you are not able to function according to its statute.

Article 95.- Dissolution, liquidation*

The Association is dissolved by settlement, as agreed to by its respective Board of Creditors in accordance with the law of the matter.

In case of accumulated losses, net of reserves in excess of a third of the share capital paid-in, the Trustees must apply for the commencement of Bankruptcy Proceedings in Ordinary of the association, in accordance with the law of matter and under liability to creditors for damages resulting for the omission.

* Article amended by the following devices:
1. Fifth and Final Disposal of the DL 845Law , law on Restructuring of Assets. The DL was published on September 21, 1996 (link: lpd.pe/0bb5O).
2. First Amending Provision of the Law 27809General law of the Bankruptcy System, published on August 8, 2002 (link: lpd.pe/kjgJN).

Article 96.- Dissolution for endangering public order*

The Public prosecutor may request a court for dissolution of the association, whose activities or purposes are or are contrary to public order or good customs.

The claim is dealt with as a shortened process, considering as a party defendant to the association. Any partner is entitled to intervene in the process. The judgment was not appealed, it rises in consultation with the Superior Court.

In any state of the process, the court may issue interim measures suspending all or part of the activities of the association, or appointing a receiver of the same.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 97.- Dissolution due to lack of statutory standard

Not have been foreseen in the statute of the association rules for the case that you may not be able to continue to operate or to its dissolution, it proceeds in accordance with the provisions of article 599, subsection 2.

Article 98.- Destination of the patrimony remaining to the settlement

Dissolved the partnership and the conclusion of the liquidation, the resulting net is delivered to the persons designated in the statute, with the exclusion of partners. This is not possible, the Hall of the Civil Court Superior respective orders his application for similar purposes in the interest of the community, with preference given to the province where he had his headquarters of the association.

Title III: Foundation

Article 99.- Notion

The foundation is a non-profit organization established by the involvement of one or more goods for the realization of objectives of a religious, charitable, cultural, or other social interest.

Article 100.- Constitution of the Foundation

The foundation is constituted by public deed, by one or more natural or legal persons, acting individually, or by testament.

Article 101.- Constitutive act

The act establishing the foundation must be expressed necessarily its purpose and the good or goods that are affected. The founder may also indicate the name and address of the foundation, as well as to appoint the administrator or the administrators, and point out rules for your economic regime, operation, and termination as well as the final destination of the heritage.

You can be appointed as administrators of the foundation or legal persons who or who perform specific functions on them. In the first case, must be designated to the natural person representing them.

The registrar of legal persons must submit to the Board of Supervision of Foundations the title of a constitution that careciere of any of the requirements referred to in the first paragraph of this article. The Council shall within a period not exceeding ten days, in accordance with article 104, paragraphs 1 to 3, according to the case.

Article 102.- Revocation of the founder

The power to revoke it is not transferable. The act of incorporation of the foundation, once registered, is irrevocable.

Article 103.- Board Oversight of Foundations

The Council of Supervision of Foundations is the administrative organization responsible for the control and surveillance of the foundations.

Their integration and structure are determined in the law of the matter.

Article 104.- Functions of the Board of Supervision of Foundations*

The Council of Supervision of Foundations department performs the following basic functions:

1. Indicate the name and address of the foundation, when not included in the constitutive act.

2. Appoint administrators when you had missed your appointment for the founder or replace them when they stop for any reason in their activities, provided that he had not foreseen, for both cases, in the act establishing the form or manner of replacing them.

In the case referred to in the previous paragraph, are hindered from being appointed as administrators of the foundations, the beneficiaries or the representatives of the beneficiary institutions. Also, in such a case, the position of administrator is non-transferable.

3. Determine, ex officio, and with hearing of the directors or, at the proposal of the latter, the economic regime and administrative, if it has been omitted by the founder, or to modify it when impede the normal operation or agreed upon for the purposes of the foundation.

4. Taking knowledge of the plans and the corresponding annual budget of the foundations, for which they rise a copy of the same to the Council at least thirty days before the date of the commencement of the financial year.

5. Authorize the acts of disposition and encumbrance of the assets that are not subject to the ordinary operations of the foundation and establish the procedure to be followed in each case.

6. To promote coordination of the foundations for similar purposes when the property of these are insufficient for the fulfillment of the order's founding, or when such coordination, to determine a more efficient action.

7. Ensure that assets and income are used according to the intended purpose.

8. To have the required audits.

9. Challenge in court the decisions of the administrators that are contrary to law, or the act of establishing or to demand the nullity or annulment of acts or contracts entered into in the cases provided by law. The challenge is dealt with as a shortened process; the demand of nullity or annulment as a process of knowledge.

10. To intervene as a party in lawsuits that challenged the validity of the constitutive act of the foundation.

11. Appoint the liquidator or liquidators of the foundation to lack of provision in the constituent act.

12. Bring an administrative register of foundations.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. Law 26813published on June 20, 1997 (link: lpd.pe/2yvM1).

Article 105.- Presentation of the accounts and balances

The directors are required to submit to the Council of Supervision of Foundations, for its approval, the accounts and balance sheet of the foundation, within the first four months of the year.

Article 106.- Actions in court against administrators*

The Council of Supervision of Foundations can initiate legal action against the directors who do not comply with submit the accounts and the annual balance of the foundation or if they were deprecated, and in other cases of failure to perform their duties.

At the request of a party, the judge of first instance may, for good cause, suspend the administrators.

Declared the responsibility, the directors cease automatically in the exercise of their functions, without prejudice to the criminal action to which it is entitled.

Administrators suspended are replaced according to the provisions of the constitutive act or, in his default, by the Board of Supervision of Foundations.

The demand for the presentation of the accounts and balances, and the suspension of the administrators in charge of being processed as a shortened process. The demand of disapproval of accounts or balance sheets, and the liability for breach of duties, as a process of knowledge.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 107.- Prohibited persons to contract with Foundations

The administrator or the administrators of the foundation, as well as their relatives up to the fourth degree of consanguinity and second of affinity, they can't enter into contracts with the foundation, except with the express authorization of the Board of Supervision of Foundations.

The prohibition extends to legal persons of whom are members of both the administrator or the administrators of the foundation, as their relatives in the grades listed in the previous paragraph.

Article 108.- Expansion and modification of the objectives of the Foundation*

The Council of Supervision of Foundations, respecting as far as possible the will of the founder, may apply to the Civil Judge:

1. The enlargement of the purposes of the foundation to others of a similar nature, when the estate is notoriously excessive for the purpose established by the founder.

2. The modification of the purposes, when it no longer has the social interest referred to in article 99°.

The claim is dealt with as a shortened process, with citation of the Public Ministry, considering as a whole the administrators of the foundation.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 109.- Dissolution of the Foundation*

The Board of Supervision can request the dissolution of the foundation, whose purpose is impossible to accomplish.

The claim is dealt with as a shortened process before the Civil Judge of the headquarters of the foundation, summoning to the administrators. The demand will be published three times in the daily charge of the legal notices, and other national circulation, upon five days between each publication.

The judgment was not appealed, it rises in consultation with the Superior Court.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 110.- Destination of the patrimony remaining to the settlement*

Having a net resulting from the liquidation of the foundation applies to the purpose set out in the constitutive act. If this is not possible, is intended, at the proposal of the Council, to increase the heritage of the other foundations of purpose analog or, in his absence, to the Public Charity for works of similar purposes to which you had the foundation in the town where he had his headquarters.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Title IV: Committee

Article 111.- Notion

The committee is the organization of natural or legal persons, or of both, which is dedicated to raising public input for an altruistic purpose.

The constitutive act and the statute of the committee may consist, for enrollment in the registry, in a private document with the notarization of the signatures of the founders.

Article 112.- Register of members

The committee must have an updated record containing the name, address, activity, and date of admission of its members, with an indication of the members of the board of trustees or of the persons exercising any other administrative activity.

The record should consist of a book taken with the formalities of law, under the responsibility of the person who presides over the board of directors.

Article 113.- Committee charter

The statute of the committee must express:

1. The name, duration, and address.

2. The altruistic purpose proposal.

3. The administrative regime.

4. The constitution and functioning of the general assembly and the board of directors, as well as any other administrative body.

5. The designation of the official who has to have the legal representation of the committee.

6. The other covenants and conditions to be established.

Article 114.- A meeting of the Board of Directors

The board of directors is the managing body of the committee and convened by those who preside in the cases provided for in the statute or when requested by any of the members of the council or one-tenth of the members of the committee. If your request was denied or elapse of seven days of filed without made the call, proceed in accordance with what is established in article 85.

Article 115.- Powers of the General Assembly

The general assembly elects the members of the board of directors. You can change the status, to agree to the dissolution of the committee and to take any other decision that is not in the competence of other organs.

Article 116.- Quorum for meetings and agreements

For the validity of the meetings of the assembly, for the calculation of the quorum and the votes, the provisions in articles 87, first paragraph, and 88.

Article 117.- Denunciation of acts and agreements illegal

Any member of the committee or of the board of directors has the right and the duty to report to the Ministry of Public agreements or acts that violate applicable legal provisions or statutory.

Article 118.- Responsibility of the Board of Directors

The members of the board of directors are jointly and severally liable for the preservation and proper application of the contributions collected for the purpose announced.

Article 119.- Control of the contributions by the Public prosecutor's office

The Public Ministry monitors, ex officio or at the request of a party, that the contributions raised by the committee are kept and are used for the intended purpose and, where appropriate, you can request the accountability, without prejudice to the civil or criminal action that may be required.

Article 120.- Dissolution by violating the public order*

It is application to the Committee provided for in article 96°.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 121.- Dissolution and liquidation of the Committee*

Fulfilment of the intended purpose, or if she could not be reached, the board of trustees applicable to the dissolution and liquidation of the committee, presenting to the Public Ministry, a copy of the final states of accounts.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 122.-Application of net*

The board of trustees awards the erogantes having net resulting from the liquidation, if the accounts had not been objected to by the Public prosecutor's office within thirty days of having been submitted. The disapproval of the accounts are dealt with as a process of knowledge, be entitled to intervene with any of the members of the committee.

If the award to the erogantes is not possible, the council will deliver the have net entity of Public Welfare of the place, with knowledge of the Public Ministry.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 123.- Additional application of standards

The committee is governed by articles 81 to 98, in so far as they may be applicable.

Third section: Association, foundation, and committee non-registered

Title I: Association

Article 124.- Regime of the association of fact

The domestic legal system and the administration of the association is not constituted by public deed registered, is regulated by the agreements of its members, to apply the rules laid down in articles 80 to 98, in what may be relevant.

Such an association may appear at trial, represented by the president of the executive council, or by his substitute.

Article 125.- Common fund of the association of fact

Contributions and membership fees, as well as the assets acquired by the association, are their common fund. While it is in effect the association can not ask for the division and partition of the fund and the reimbursement of the contributions of the partners.

Article 126.- Liability for obligations of the representatives

The common fund is liable for the obligations assumed by the representatives of the association. Of such obligations jointly and severally liable those who act on behalf of the association, even when they are not their representatives.

Title II: Foundation

Article 127.- Registration of the foundation in fact

If for any reason the act establishing the foundation does not arrive to register, corresponds to the Council of Supervision of Foundations, the Public prosecutor or any person having a legitimate interest, perform the actions to achieve this registration.

Article 128.- Joint and several liability of the administrators

The administrators of the foundation, both are not registered, they are jointly and severally responsible for the preservation of the assets affected to the intended purpose and of the obligations that have been incurred.

Article 129.- Involvement of the heritage foundation other

It is not possible to the entry referred to in article 127, the Hall of the Civil Court of the Top of the headquarters of the foundation, at the request of the Council of Supervision of Foundations, the Public prosecutor or of any person having a legitimate interest, it will affect the goods to other foundations for similar purposes or, if this is not possible, another foundation preferably set in the same judicial district.

Title III: Committee

Article 130.- Committee fact

The committee is not constituted by an instrument registered governed by the agreements of its members, to apply the rules laid down in articles 111 to 123, in what may be relevant.

The committee may appear in judgment represented by the president of the executive council, or by his substitute.

Article 131.- Joint and several liability of the organizers

Those who appear as organizers of the committee and those who take the management of the contributions collected, are jointly and severally liable for its preservation, its application to the purposes announced, and obligations.

Article 132.- Dissolution and accountability at the request of the Public Ministry

Fulfilment of the intended purpose, or if she had not been able to reach, the Public prosecutor's request, ex officio or at the request of a party, the dissolution of the committee and the accountability court of accounts, proposing the involvement of resulting net to for similar purposes.

Article 133.- Oversight of the funds raised by the Public prosecutor's office

The Public Ministry monitors, ex officio or at the request of a party, that the contributions collected are kept properly and applied to the purpose announced.

Section four: rural Communities and native

Title one: general Provisions

Article 134.- The notion and purpose of Rural and Native Communities

Rural and native communities are non-traditional and stable public interest, constituted by natural persons and whose purposes are directed towards the better use of their heritage, for the general benefit and equitable community members, promoting their integral development.

They are regulated by special legislation.

Article 135.- Legal life of the communities

For the legal existence of communities is required, in addition to enrollment in the respective register, its official recognition.

Article 136.- Character of the lands of the communities

The communities ' lands are inalienable, imprescriptible and unattachable, save the exceptions established by the Political Constitution of Peru.

They are presumed to be communally owned lands held in accordance with the recognition and registration of the community.

Article 137.- Status of the communities

The Executive Power regulates the status of the communities, which enshrines their economic autonomy and administrative, as well as the rights and obligations of its members and other rules for their recognition, registration, organization and functioning.

Article 138.- General Assembly

The general assembly is the supreme organ of the community. Managers and community representatives are elected periodically, by a vote of personal, equal, free, secret and mandatory.

Article 139.- Registry and cadastre of the communities

The communities have a general register is updated with the name, activity, address, and date of admission of each one of its members, with an indication of the exercise of managerial positions or representation.

Communities have, in addition, a register in which is made up of the assets that comprise its assets.

In the general register and the cadastre comprise also other data point to the special legislation.

BOOK II: LEGAL ACT

Title I: general Provisions

Article 140.- Notion of Legal Act: the essential elements*

The legal act is the manifestation of willingness intended to create, regulate, modify or terminate a legal relationship. For its validity requires:

1. Full exercise capacity, except the restrictions referred to in the law.

2. Object physically and legally possible.

3. Lawful purpose.

4. Observance of the prescribed form under penalty of nullity.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 141.- Manifestation of the will*

The manifestation of the will may be express or tacit. It is express when it is in the form of oral, written, and through any direct means, whether manual, mechanical, digital, electronic, using sign language or any alternate means of communication, including reasonable adjustments or support are required by the person.

It is implied when the will is inferred unmistakably of an attitude or behaviour that is repeated in the history of life that reveals its existence.

It cannot be considered that there is manifestation implied when the law requires an express declaration, or when the agent formula reserves or statement to the contrary.

* Article amended by the following devices:
1. Law 27291published on June 24, 2000 (link: lpd.pe/21q5Q).
2. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 141-A. - Formality*

In cases where the law provides that manifestation of the will must be made through any formality, express or requires a signature, it may be generated or communicated through electronic, optical or any other analog.

In the case of public instruments, the competent authority shall make a record of the average employee and retain the full version for further consultation.

* Article incorporated by the Law 27291published on June 24, 2000 (link: lpd.pe/21q5Q).

Article 142.- The silence

The silence matter manifestation of the will when the law or the convention ascribe that meaning.

Title II: Way of the legal act

Article 143.- Freedom of form

When the law does not designate a specific form for a legal act, interested parties can use to judge convenient.

Article 144.- Form ad probationem and ad solemnitatem

When the law imposes a form and not punishable with nullity your failure to do so constitutes only a means of proof of the existence of the act.

Title III: Representation

Article 145.- Origin of the representation

The legal act can be made through a representative, unless otherwise stipulated by the law.

The faculty of representation is provided by the data subject or under the act.

Article 146.- Representation conjugal

It allows the representation between spouses.

Article 147.- Plurality of representatives

When there are several representatives will presume what are interchangeably, unless otherwise expressly set that will act jointly or on or that are specifically designated for practicing different acts.

Article 148.- Joint and several liability of representatives

If there are two or more representatives, they are bound jointly and severally in front of the represented, provided that the power granted by the act only, and for an object of common interest.

Article 149.- Revocation of power

The power of attorney can be revoked at any time.

Article 150.- Plurality of represented

The revocation of the power of attorney granted by a number represented in an object of common interest, produces effect only if it is carried out by all.

Article 151.- Appointment of new representative

The appointment of new representative for the same act or the execution of it on the part of the person represented, 't matter the revocation of the power above. This takes effect from that communicated to the first representative.

Article 152.- Communication of the revocation

The revocation must be communicated to those who are involved or interested in the legal act.

The revocation is communicated only to the representative cannot be opposed to third parties that have contracted ignoring such revocation, unless it has been registered. Excepted rights of the shareholder, against the representative.

Article 153.- Power irrevocable

The power is irrevocable always stipulated for a special event or for a limited time or when it is given in the common interest of the represented person and of the representative or of a third party.

The term of the irrevocable authorisation may not be longer than a year.

Article 154.- Resignation of agent

The representative may waive representation by giving notice to the principal. The representative is required to continue the representation until its replacement, except impediment serious or just cause.

The representative may deviate from the representation if notified by the principal of his resignation, he spent the period of thirty days over the term of the distance, without having to be replaced.

Article 155.- General power of attorney and special

The general power of attorney, it comprises only acts of administration.

The special power comprises the acts for which it has been conferred.

Article 156.- Power by deed of public acts of disposal

To dispose of the property of the represented, or encumber any of its property, it is required that the order effect in the form indubitable and by public deed, under penalty of nullity.

Article 157.- Personal representation

The representative must perform personally the order, not to be that we have been empowered expressly replacement.

Article 158.- Replacement and responsibility of the representative

The representative is exempt from any liability when making the replacement in the person who is assigned to you. If it is not stated in the act the person of the substitute, but it was granted to the representative of the faculty of naming it, it is responsible when incurred in culpa inexcusable in the election. The representative responds to the instructions imparted to the substitute.

The principal may operate directly against the substitute.

Article 159.- Revocation of the substitute

The replacement may be revoked by the representative, resuming the power, unless agreed differently.

Article 160.- Direct representation

The legal act concluded by the representative, within the limits of the power which has been conferred, it produces direct effect with respect to the represented.

Article 161.- Inefficiency of the legal act by excess of powers

The legal act concluded by the representative exceeding the limits of the powers it has granted, or breaking them, it is ineffective with respect to the represented, without prejudice to the responsibilities that are in front of it and to third parties.

It is also ineffective to the course represented the legal act concluded by a person who does not have the representation that is attached to it.

Article 162.- Ratification of the legal act by the principal

In the cases provided for in article 161, the legal act may be ratified by the principal by looking at the form prescribed for your celebration.

The ratification has retroactive effect, but it is up to you except the right of a third party.

The third and the one that had held the legal act as the representative may resolve the legal act prior to the ratification, without prejudice to the appropriate compensation.

The power to ratify is transmitted to the heirs.

Article 163.- Annulment of the legal act by vices of the will

The legal act is voidable if the will of the representative has been vitiated. But when the content of the legal act to be wholly or partially determined, prior, by the principal, the act is voidable only if the will is flawed in respect of such content.

Article 164.- Demonstration of the quality of representative

The representative is obliged to express in all of the acts that celebrate who comes in the name of his principal, and, where required, to demonstrate their powers.

Article 165.- Legal presumption of representation

It is assumed that the dependent who acts in establishments open to the public has a power of representation of their main acts that would ordinarily be performed on them.

Article 166.- Voidable legal act of the representative himself

Is voidable the legal act that the representative concludes with itself, on its own behalf or as a representative of another, unless otherwise permitted by law, the represented what would have specifically authorized, or in which the content of the legal act would have been determined so as to exclude the possibility of a conflict of interest.

The exercise of the action corresponds to the represented person.

Article 167.- Special power of attorney for acts of disposal

The legal representatives require specific authorization to perform the following acts concerning the property of the represented:

1. Dispose of them or gravarlos.

2. Celebrate transactions.

3. Celebrate arbitration agreement.

4. To celebrate the other acts for which the law or the legal act require special authorization.

Title IV: Interpretation of the legal act

Article 168.- Objective interpretation

The legal act must be interpreted in accordance with what was expressed in it and in accordance with the principle of good faith.

Article 169.- Systematic interpretation

The provisions of the legal acts are interpreted by the one by the other, attributing to the doubtful sense that result from the whole of all.

Article 170.- Integrated interpretation

The expressions that have multiple senses must be understood in the most appropriate to the nature and object of the act.

Title V: the Modalities of the legal act

Article 171.- Invalidation of the act for conditions, improper

The condition precedent unlawful and the physically or legally impossible to invalidate the act.

The condition subsequent unlawful and the physically or legally impossible to be considered not set.

Article 172.- Nullity of the legal act subject to the will of the debtor

Is null the legal act whose effects are subordinate to a suspensive condition which is dependent on the sole will of the debtor.

Article 173.- Acts achievable acquirer

Slope of a suspensive condition, the purchaser may perform acts conservatories.

The purchaser of a right under the resolutive condition can exercise it slope to it, but the other party may perform acts conservatories.

The debtor can repeat what you had paid prior to fulfilment of the condition precedent or subsequent.

Article 174.- Indivisibility of the condition

The fulfilment of the condition is indivisible, although it consists in the provision severable.

Fulfilled in part the condition, it is not enforceable obligation, unless otherwise agreed.

Article 175.- Negative condition

If the condition is not to perform a certain event within a term, shall be deemed fulfilled from which the time limit expires, or from the time it arrives to be certain that the event cannot take place.

Article 176.- Compliance and non-compliance of the condition of bad faith

If they were not allowed to be in bad faith, the fulfillment of the condition by the party at whose expense has to be done, is to be considered fulfilled.

On the contrary, be deemed not to be fulfilled, if this has been carried out in bad faith by the party to take advantage of such compliance.

Article 177.- Retroactive effect of the condition

The condition does not operate retroactively, unless otherwise stated.

Article 178.- Effects of time limits suspensive and settlement

When the term is suspensive, the act does not take effect pending. When time is of the settlement, the effects of the act ceases upon its expiration.

Before the expiration of the term, who shall have the right to receive some benefit may exercise the actions leading to the caution of his right.

Article 179.- The benefit of the standstill period

The standstill period is presumed to be established for the benefit of the debtor, unless from the tenor of the instrument or of other circumstances, it appeared to have been made in favour of the creditor, or both.

Article 180.- Right of recourse for payment in advance

The debtor who paid before the expiration of the standstill period may not repeat what you have paid. But, if you paid by ignorance of the term, has the right to repeat.

Article 181.- Expiration of term*

The debtor loses the right to use the term:

1. When it becomes insolvent after contracted the obligation, except that guarantees the debt.

It is presumed the insolvency of the debtor if, within fifteen days of his arraignment court, does not guarantee the debt or does not point to goods free of any encumbrance for value sufficient for the fulfillment of their service provision.

2. As you do not give the creditor the guarantees that had been committed.

3. When the guarantees disminuyeren by the act itself of the debtor, or desaparecieren for causes not attributable to it, unless they are immediately replaced by other equivalent, to the satisfaction of the creditor.

The loss of the right to the term on the grounds specified in the foregoing paragraphs, it is declared at the request of the interested party and is processed as a process summary. They are especially from the precautionary measures aimed to ensure the satisfaction of the credit.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 182.- Judicial deadline for compliance of the legal act*

If the act does not point at a time, but from its nature and circumstances it dedujere who has wanted to be granted to the debtor, the judge sets its duration.

Also fixed the judge the duration of the period whose determination has been at the will of the debtor or a third party and cannot señalaren.

The claim is dealt with as a process summary.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 183.- Rules for computation of the period

The term is computed according to the gregorian calendar, in accordance with the following rules:

1. The period of time indicated by days are counted by calendar days, unless the law or the legal act established that is right for days.

2. The term is expressed in months is met in the month of expiration and on the day of the latter corresponding to the date of the initial month. If in the month due to lack such a day, the period marks the last day of that month.

3. The time limit expressed in years shall be governed by the rules established in subsection 2.

4. The term excludes the first day and includes the last day of the period.

5. The term whose last day is a non-working due to expire on the first business day following.

Article 184.- Rules extended to the term legal and / or conventional

The rules of article 183 shall apply to all legal deadlines or conventional, the absence of any provision or agreement to the contrary.

Article 185.- Enforceability of the compliance of charge

The compliance office may be required by the imposing or by the beneficiary. When the compliance of the charge is of social interest, its execution may be required by the entity concerned.

Article 186.- Fixation court of the period for fulfillment of the charge*

If there is not time limit for the execution of the office, it must be satisfied that the judge point.

The claim is dealt with as a process summary.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 187.- Unenforceability of charge

The encumbered with the charge is not required to perform to the extent that it exceeds the value of the donation.

Article 188.- Trasmisibilidad of charge

The obligation to comply with the charges imposed for the acquisition of a right shall pass to the heirs of which he was encumbered with them, not only could be accomplished by him, as being inherent in his person.

In this case, if the taxed dies without fulfilling the charges, the acquisition of the right remains without effect, returning the goods to the imposing of the charges or their heirs.

Article 189.- Impossibility and legality of the charge

If the fact that it constitutes the charge is illegal or impossible, or comes to be, the legal act subsists without charge.

Title VI: Simulation of the legal act

Article 190.- Simulation absolute

By the simulation absolute appears to hold a legal act when there is no real will to celebrate.

Article 191.- Simulation relative

When the parties have wanted to conclude an act other than the apparent, has the effect, among them the hidden act, whenever the requirements of substance and form, and does not prejudice the right of a third party.

Article 192.- Simulation partial

The norm of article 191 is applied when in the act refers to data being rendered inaccurate or involved people.

Article 193.- Action for annulment of deed simulated

The action to request the annulment of the act being simulated may be exercised by either of the parties or by the third party injured, as the case may be.

Article 194.- Inoponibilidad of the simulation

The simulation cannot be invoked by the parties or by third parties who in good faith and for valuable consideration has acquired rights of the holder apparent.

Title VII: the Fraud of the legal act

Article 195.- Action pauliana*

The creditor, even if the credit is subject to a condition or term, you can ask declared to be ineffective in respect of him to the gratuitous acts of the debtor that waives rights or with the decrease your heritage known and may impair the collection of the credit. It is presumed the existence of prejudice when the act of the debtor is unable to pay in full the due performance or hinders the possibility of recovery.

In the case of act for consideration must attend, in addition, the following requirements:

1. If the credit is prior to the act of decreasing wealth, that the third party has gained knowledge of the prejudice to the rights of the creditor, or, according to circumstances, has been in reasonable position to know or not to ignore them, and the injury eventually the same.

2. If the act whose inefficiency is requested prior to the emergence of the credit, the debtor and the third party would have held for the purpose of harming the satisfaction of the credit of the future creditor. It is presumed that intention in the debtor when he has disposed of assets of whose existence had been informed, in writing, to the future creditor. It is presumed the intent of the third when he knew or was in the fitness of knowing the future credit, and that the debtor has no other property registered.

It is incumbent on the creditor's proof of the existence of the credit and, in his case, the concurrence of the requirements referred to in paragraphs 1 and 2 of this article. Corresponds to the debtor and the third party, the burden of proof about absence of harm, or on the existence of free goods sufficient to ensure the satisfaction of the credit.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 196.- S of warranties

For the purposes of article 195, it is considered that the guarantees, even for the debts of others, are acts onerous if they are previous or concurrent with the guaranteed credit.

Article 197.- Protection subadquirente of good faith

The declaration of ineffectiveness of the act does not impair the rights acquired for consideration by the third-party subadquirentes of good faith.

Article 198.- Irrelevance of the declaration of ineffectiveness

Should not the declaration of ineffectiveness when it comes to the enforcement of a debt due, if it is contained in document a date certain.

Article 199.- Action oblique

The obligee may exercise against the third party acquiring the actions that correspond to it on the goods that are the object of the act ineffective.

The third party purchaser has against the debtor the rights of credit outstanding of the declaration of ineffectiveness, may not go over the product of the goods that have been the subject of the act ineffective, but after that the creditor has been satisfied.

Article 200.- Unenforceability of legal acts free or for payment*

The ineffectiveness of the gratuitous acts are dealt with as a process summary; the acts onerous as a process of knowledge. They are especially from the precautionary measures aimed to prevent the harm is irreparable.

Stay safe and relevant provisions in the area of bankruptcy.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Title VIII: Vices of the Will

Article 201.- Requirements error

The error is the cause for the annulment of the legal act when it is essential and knowable by the other party.

Article 202.- Essential Error

The error is essential:

1. When it falls on the very essence or a quality of the object of the act, in accordance with the general assessment or in relation to the circumstances, should be considered a determinant of the will.

2. When it falls on the personal qualities of the other party, provided that those have been the determinants of the will.

3. When the error of law has been the single reason or determinant of the act.

Article 203.- Error knowable

The error is considered knowable when, in relation to the content, to the circumstances of the act or the quality of the parts, a person of normal diligence had been able to warn you.

Article 204.- Rectification of the legal act by calculation error

The calculation error does not lead to the annulment of the act but only to rectify, except that consisting of a mistake on the amount you have been a determinant of the will.

Article 205.- Annulment of the legal act by error reason

The error in the reason only lowers the act when expressly manifests itself as their reason and is accepted by the other party.

Article 206.- Inappropriateness of the annulment by mistake rectified

The party that incurs error may not ask for the annulment of the act if, before they have suffered damage, the other offereth comply in accordance with the content and the modalities of the act, which it wanted to conclude.

Article 207.- Denial of compensation for the error

The annulment of the act by error does not give rise to any compensation between the parties.

Article 208.- Cases in which the error in the statement lowers the legal act

The provisions of articles 201 to 207 also apply, as they are relevant to the case in which the error in the statement relates to the nature of the act, the principal object of the declaration or the identity of the person when the consideration it would have been the main reason of the will, as well as to the case in which the statement had been transmitted incorrectly by whoever is in charge of doing so.

Article 209.- Cases in which the error in the statement is not tare the legal act

The error in the statement on the identity or the name of the person, of the object or of the nature of the act, not tare the legal act, when by his or text, or circumstances can you identify the person, the object or the act designated.

Article 210.- Voidable for fraud

The intent is to cause for the annulment of the legal act when the deception used by one of the parties was such that without him, the other party would not have concluded the act.

When the deception is being employed by a third party, the act is voidable if it was known by the party that got the benefit of it.

Article 211.- Dolo incidental

If the deception is not of such a nature that has been determined by the will, the act will be valid, even though without him, they would have concluded in different conditions; but the party who acted in bad faith is liable for the damages.

Article 212.- Default willful

The omission is intentional produces the same effects that the tortious action.

Article 213.- Dolo reciprocal

To that intent be the cause of annulment of the act, must not have been employed by the two parties.

Article 214.- Voidable by violence or intimidation

Violence or intimidation, are grounds for the annulment of the legal act, although they have been employed by a third party who is not involved in it.

Article 215.- Intimidation

There is intimidation when it is inspired to the agent by the well-founded fear of having a bad imminent and serious in his person, his spouse, or their relatives within the fourth degree of consanguinity or second of affinity or in the property of one or the other.

In the case of other persons or property, it will be up to the judge to decide on the annulment, according to the circumstances.

Article 216.- Criteria to qualify violence or intimidation

To qualify the use of violence or intimidation must be the age, the sex, to the condition of the person and to the other circumstances that may influence its severity.

Article 217.- Assumptions of non-intimidation

The threat of the regular exercise of a right and the simple fear of not override the act.

Article 218.- Invalidity of the waiver of action for defects of the will

Is null the early renunciation of the action which is based on mistake, fraud, violence or intimidation.

Title IX: the Nullity of the legal act

Article 219.- Grounds for annulment*

The legal act is null:

1. When you lack the manifestation of the will of the agent.

2. [Repealed]

3. When your subject is physically or legally impossible, or when it is unascertainable.

4. When your order is unlawful.

5. When you be of simulation absolute.

6. When not in the form prescribed under the sanction of nullity.

7. When the law declared null and void.

8. In the case of article V of the Preliminary Title, except where the law provides punishment diverse.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 220.- Allegation of invalidity

The invalidity referred to in article 219 can be alleged by those who have an interest or by the Public Ministry.

Can be declared ex officio by the judge when it is manifested.

Cannot be remedied by the confirmation.

Article 221.- Grounds for annulment*

The legal act is voidable:

1. By exercise capacity constrained the person referred to in items 1 to 8 of article 44.

2. Addiction resulting from error, fraud, violence or intimidation.

3. By simulation, when the royal deed that contains it impairs the right of a third party.

4. When the law declares voidable.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 222.- Effects of the nullity of judgment

The legal act voidable is void from its celebration, the effect of the judgment that declares it.

This invalidity shall act at the request of either party and may not be claimed by other people, that those for whose benefit the law.

Article 223.- Invalidity of act plurilateral

In cases involving multiple agents and the benefits of each one of them directed to the attainment of a common end, the invalidity affect the link of one of the parties do not import the nullity of the act, except that the participation in it should be considered as essential, according to the circumstances.

Article 224.- Partial invalidity

The invalidity of one or more of the provisions of a legal act is not detrimental to the other, provided that they are separable.

The invalidity of provisions unique no matter the nullity of the act if they are to be replaced by mandatory rules.

The nullity of the principal obligation carries with it that of the accessory obligations, but the nullity of these do not originate from the primary obligation.

Article 225.- Act and document

Not to be confused with the act with the document that serves to prove it. You can survive the act even if the document is declared null and void.

Article 226.- Exercise capacity restricted for their own benefit*

When there is more than one subject that integrates the same part, the ability of exercise restricted to article 44 of one of them may not be invoked by the other that integrates the same part, except when it is indivisible the provision or its object.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 227.- Annulment of the disability related

The obligations assumed by the eldest of sixteen years and under the age of eighteen are voidable, when the result of acts performed without the necessary authorization.

Article 228.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 229.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Title X: Confirmation of the legal act

Article 230.- Explicit confirmation

Except for the right of a third party, the act is voidable can be confirmed by the party to whom it corresponds to the action for annulment, by an instrument that contains the mention of the act that he wants to confirm, the grounds for annulment and the express declaration of confirmation.

Article 231.- Confirmation by total or partial execution

The act also remains to be confirmed if the party to whom belonged the action for annulment, knowing the cause, he had been executed in whole or in part, or if there are facts that unequivocally reveal the intention of abandoning the action of annulment.

Article 232.- The formality of the confirmation

The form of the instrument of confirmation must be the same solemnities to those established for the validity of the act that is committed.

BOOK III: FAMILY LAW

Section one: general Provisions

Article 233.- The purpose of the regulation of the family

The legal regulation of the family is intended to contribute to the consolidation and strengthening, in harmony with the principles and rules enshrined in the Political Constitution of Peru.

Article 234.- Notion of marriage

Marriage is the union voluntarily agreed upon by a man and a woman legally fit for her and formalized subject to the provisions of this Code, in order to make common life.

The husband and wife have in the home authority, considerations, rights, duties and responsibilities equal.

Article 235.- Duties of parents

Parents are required to provide the support, protection, education and training of their children according to their situation and possibilities.

All children have equal rights.

Article 236.- Related by blood

The kinship kinship is the relationship existing between people who descend from one another or from a common trunk.

The degree of relationship is determined by the number of generations.

In the collateral line, the level is set up of one of the relatives to the common trunk and down, then to the other. This relationship produces civil effects only up to the fourth degree.

Article 237.- Kinship by affinity

The marriage produces a relationship of affinity between each of the spouses with the blood relatives of the other. Each spouse is on the same line and degree of kinship by affinity than the other by consanguinity.

The affinity in a straight line not just for the dissolution of a marriage that produces it. There remains the affinity to the second degree of the collateral line in the case of divorce, and while living the ex-spouse.

Article 238.- Kinship by adoption

Adoption is a source of kinship within the scope of this institution.

Second section: conjugal Society

Title I: The marriage as an act

First chapter: Betrothal

Article 239.- Promise reciprocal of marriage

The promise reciprocal of the marriage creates a legal obligation to marry, or to conform to what is stated for the case of non-compliance of the same.

Article 240.- Effects of the breakdown of marriage promise

If the promise of marriage is formalized unmistakably between persons who are legally eligible to marry, and it no longer complies with exclusive fault of one of the promitentes, causing it damages to the other or to a third party, it shall be obliged to compensate them.

The action must be brought within a period of one year from the breaking of the promise.

Within the same period, each of the pledged may revoke the donations made in favour of the other by reason of the marriage projected. When it is not possible restitution, notes prescribed in the article 1635.

Second chapter: Impediments

Article 241.- Impairments Absolute*

You may not get married:

1. Persons under eighteen years of age.

2. People with exercise capacity restricted referred to in article 44, paragraph 9, in both there is no manifestation of the will, expressed or implied, regarding this matter.

3. [Repealed]

4. [Repealed]

5. Married.

* Article amended by the following devices:
1. Law 27201published November 14, 1999 (link: lpd.pe/0NxgM).
2. Law 29973published December 24, 2012 (link: lpd.pe/26vbb).
3. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
4. Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).

Article 242.- Impairments related

You may not get married among themselves:

1. The blood in a straight line. The ruling that orders the payment of food in favor of the illegitimate child is not recognised or declared judicially also produces the impediment referred to in this subsection.

2. The relatives in the collateral line within the second and third degrees. In the case of the third degree, the judge may dispense with this impairment when there are serious reasons.

3. The like-minded in a straight line.

4. The related in the second degree of the collateral line when the marriage which produced the affinity was dissolved by divorce and the ex-spouse is living.

5. The prospective adoptive parents, the adopted and their family members on the lines and within the degrees indicated in paragraphs 1 to 4 for the consanguinity and affinity.

6. The convicted person as an active participant in the intentional homicide of one of the spouses, or the processing is for this cause with the survivor.

7. The raptor with the raptured or the reverse, as long as they remain the abduction or retention violent.

Article 243.- Prohibitions special*

Do not allow the marriage:

1. The guardian or curator with the less than eighteen years of age, or with the person with the ability to exercise restricted to in article 44, paragraphs 4 to 7, during the exercise of the position, or before they are judicially approved the accounts of the administration.

The guardian who violates the prohibition lose the remuneration to which it is entitled, without prejudice to the liability arising from the performance of their duties.

2. Of the widow or the widow, that are not credited to have made an inventory of the judiciary, with the intervention of the Public Ministry, of the goods that is managing belonging to their children or without preceding affidavit that he has no children under his parental authority, or that they have no assets.

The violation of this rule leads to the loss of the enjoyment of attorney over the estate of said children.

This provision is applicable to the spouse whose marriage had been invalidated or dissolved by divorce, as well as to the father or to the mother who has extramarital children under his parental authority.

3. The widow, in both do not pass at least three hundred days of the death of her husband, except that information to light. This provision is applicable to the divorced woman, or whose marriage had been invalidated.

Be exempted from the time limit, if the woman proves not to be pregnant, by a medical certificate issued by competent authority.

The widow, in contravention of the prohibition contained in this subsection lost property which he had received of her husband free of charge.

Does not apply to the prohibition for the case of Article 333 subsection 5.

It is applicable to the cases referred to in this subsection, the presumption of paternity in respect of the new husband.

* Article amended by the following devices:
1. Law 27118published on may 23, 1999 (link: lpd.pe/pZLBd).
2. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).
3. Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).
This Law amended the paragraph 1 of article 243 of the criminal code, but it has not been clear about the retention or deletion of the second paragraph of this article, the reason for which we are reprinting it in italics for the interpretation of the legal operators.

Article 244.- [Repealed]*

* Article repealed by the Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).

Article 245.- [Repealed]*

* Article repealed by the Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).

Article 246.- [Repealed]*

* Article repealed by the Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).

Article 247.- [Repealed]*

* Article repealed by the Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).

Chapter three: a Celebration of the marriage

Article 248.- Proceedings for civil marriage*

Those who intend to contract a civil marriage what shall state orally or in writing, to the mayor of the province or district of the domicile of either of them. Also, will a civil marriage before a notary public of the province of domicile of either of the contracting parties. In none of these cases are allowed to be married to a person under eighteen years of age.

Accompanied by a certified copy of the birth certificates, proof of address, and the medical certificate, issued at a date not earlier than thirty days, stating that they are not involved in the impairments set forth in articles 241, paragraph 2, and 243, subdivision 3, or temple the place would not have the medical service, official, free of charge, affidavit of not having such an impairment.

Will be going down in their respective cases, the waiver of the relationship of consanguinity collateral in the third degree, a certified copy of the death certificate of the former spouse or the decree of divorce for the invalidation of the previous marriage, the consular certificate of singleness or widowhood, the certificates issued by the municipalities authorized in the procedure does not contentious separation of conventional and divorce further and all other documents as may be necessary under the circumstances.

Each applicant shall submit, in addition, two witnesses of legal age that they know about it since at least three years before, who depondrán, under oath, about whether or not there is some impediment. The same witnesses may be of both potential suitors.

When the statement is oral extend a certificate that will be signed by the mayor, or notary, the pretenders, the people who had given their consent and the witnesses.

* Article amended by the following devices:
1. Law 27118published on may 23, 1999 (link: lpd.pe/pZLBd).
2. Law 31643published December 15, 2022 (link: lpd.pe/0JJDD).
3. Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).

Article 249.- Judicial waiver

The judge of first instance may dispense to the suitors of the obligation to submit some of the documents, when they are very difficult or impossible to obtain.

Article 250.- Publication of marriage projected*

The mayor, or notary, as appropriate, will be announced the marriage projected, by means of a notice to be posted in the office of the municipality or of the notary for up to eight days and will be published in a journal of the locality for the only time, where there is one.

In the constituency, that there is not a newspaper, the notice shall be made through the radio station of the respective location selected by the parties, or the nearest to your location; and should the delivery of the published text, with the signature and the national identity of the head of the radio station, the office of the civil registry in question.

The notice shall contain the name, nationality, age, profession, occupation, or profession, domicile of the parties, the place where will be held the marriage and the warning that anyone who knows the existence of any impairment must report it.

In the event that one of the parties domicile in another jurisdiction, will be published in a daily newspaper departmental or national, as the case may be.

The publication of the notice may be alternately through digital means permitted by law and which are free and permanent access.

* Article amended by the following devices:
1. Law 26205published on July 2, 1993 (link: lpd.pe/0nbPG).
2. Law 31643published December 15, 2022 (link: lpd.pe/0JJDD).

Article 251.- Edict instal

If it is diverse, the domicile of the contracting parties, will be held at the mayor that corresponds to that order also the publication provided for in article 250, in your jurisdiction.

Article 252.- Waiver of the publication of the banns of marriage*

The mayor, or notary, as the case may be, may dispense with the publication of the notices if mediate reasonable causes, and provided that they can submit all the documents required in article 248.

* Article amended by the Law 31643published December 15, 2022 (link: lpd.pe/0JJDD).

Article 253.- Third parties to oppose the celebration of the marriage*

All that having a legitimate interest may object to the celebration of the marriage when there is any impediment. The opposition is formulated by writing to the mayor or the notary who has posted the notices.

If the opposition is not based on legal grounds, the mayor or the notary public will reject plane, without admitting any recourse. If it is founded on legal grounds, and the suitors deny their existence, the mayor or the notary shall forward this to the judge.

* Article amended by the Law 31643published December 15, 2022 (link: lpd.pe/0JJDD).

Article 254.- Opposition of the Public Ministry

The Public prosecutor's office should oppose ex officio marriage when you have news of the existence of a cause of nullity.

Article 255.- Complaint matrimonial impediment by third party

Any person who knows of the existence of an impairment that constitutes grounds for annulment, you can report it.

The complaint may be made orally or in writing and shall be sent to the Public Ministry, which, if it is founded, it shall make the opposition.

Article 256.- Procedure of the Opposition*

It is competent to hear the opposition to the marriage, the justice of the peace lawyer of the place where it would be held.

Submission of the dossier of opposition by the mayor, or notary public, the Judge will require the opponent to stand in demand within the fifth day. The Public prosecutor's office shall file his complaint within ten days from publication of notice provided for in article 250 or made the complaint cited in the previous article.

Due to the periods mentioned in the previous paragraph without lodged complaint will be closed definitely acted.

The opposition is dealt with as a process summary.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code of Civil Procedure (which, in turn, was amended by the D-L 25940). The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. Law 31643published December 15, 2022 (link: lpd.pe/0JJDD).

Article 257.- Compensation for opposition unfounded

If it is declared unfounded the opposition, who made is subject to the payment of the compensation for damages. The ascendants and the Public prosecutor's office are exempted from this responsibility. If the complaint had been malicious, it is equally accountable to those who ask. In both cases, the compensation fixed prudencialmente the judge, taking into account the moral damage.

Article 258.- Statement of the capacity of the pretenders*

The expiry of the term for the publication of notices is not made opposition to it, or dismissed it, and not having the mayor or the notary news of no impediment, shall declare the capacity of the suitors and marriage within the next four months.

If the mayor or the notary had news of some impediment, or if the documents submitted and the information produced is not credited with the capacity of the suitors, forwarded as acted at the judge, who, concitación of the Public Ministry, will decide what is convenient, in the period of three days.

* Article amended by the Law 31643published December 15, 2022 (link: lpd.pe/0JJDD).

Article 259.- Celebration of the marriage*

The marriage is celebrated publicly, in the municipality or in the presence of the notary, before the mayor or the notary public who has received the statement, appearing to the marriage in the presence of two witnesses of legal age and residents of the place. The mayor or the notary, after you read the articles 287, 288, 289, 290, 418 and 419, ask each one of the suitors if they persist in their willingness to hold the marriage and answered both in the affirmative, it will extend the act of marriage, which will be signed by the mayor, or notary public, the parties and the witnesses.

* Article amended by the Law 31643published December 15, 2022 (link: lpd.pe/0JJDD).

Article 260.- Person entitled to celebrate marriage*

The mayor may delegate, in writing, the faculty to celebrate the marriage to other policy-makers, city officials, directors, or heads of hospitals or similar establishments. The notarial function of celebrate marriage is non-transferable.

The marriage may be solemnized before the parish priest or Ordinary of the place by delegation of the mayor of the respective order.

In this case, the parish priest or Ordinary submitted within a period not exceeding forty-eight hours for the certificate of the marriage to the office of the register of civil status of the respective order. The same procedure shall be carried out in the case of the marriage of attorney.

* Article amended by the Law 31643published December 15, 2022 (link: lpd.pe/0JJDD).

Article 261.- Celebration of marriage in a different jurisdiction 

The marriage may be held before the mayor of another city council, with the written authorisation of the mayor of competent jurisdiction.

Article 262.- Celebration of the marriage, in rural communities and native

The civil marriage may be processed and held also in rural and native communities, before a special committee constituted by the education authority, and composed by the two directors of the greater hierarchy of the respective community. The chair of the committee falls under one of the managers of higher hierarchy of the community.

Article 263.- Power of the head of the log to celebrate marriage

In the capital of the province where the registration of civil status was in charge of special officers, the head of the one exercising the powers conferred on the mayors for this title.

Article 264.- Marriage by proxy

The marriage may be contracted by agent specially authorized by a public deed, with the identification of the person with whom you have held, under penalty of nullity. It is indispensable to the presence of the latter in the act of celebration.

The marriage is null and void if the principal revokes the power of attorney or becomes unable to before the celebration, even when the proxy to ignore such facts. To effect the cancellation must be notified to the agent and the other party to the contract.

The power expires after six months of being granted.

Article 265.- Marriage outside the local municipal*

The mayor, or notary public, can, exceptionally, to celebrate the marriage outside of the local municipality or the office.

* Article amended by the Law 31643published December 15, 2022 (link: lpd.pe/0JJDD).

Article 266.- Free of formalities marriage*

None of the officers or public servants involved in the processing and celebration of the marriage be charged any right to. This prohibition does not reach a civil marriage celebrated by a notary.

* Article amended by the Law 31643published December 15, 2022 (link: lpd.pe/0JJDD).

Article 267.- Penalties to the violator of the free

The offending article 266 suffer dismissal of the charge, without prejudice to the criminal liability.

Article 268.- Marriage imminent danger of death

If either of the spouses is in imminent danger of death, the marriage may be solemnized without observing the formalities that must precederle. This marriage was held before the parish priest or other priest, and no longer produces civil effects if either of the spouses is unable to.

The registration only requires the submission of certified copy of the game parish.

Such inscription survives or not who was in danger of death, must be made within the year following the year celebrated the marriage, under penalty of nullity.

Chapter four: Proof of the marriage

Article 269.- Proof of the marriage

To claim the civil effects of marriage must be filed certified copy of the certificate of registration of the marital status.

The possession's constant state of marriage, according to the game, to cure any defect purely formal of it.

Article 270.- Test extra marriage

Verified the lack or loss of the registration or of the corresponding record, it is permissible for any other means of proof.

Article 271.- Criminal conviction as proof of the marriage

If the test of a marriage is the result of a criminal process, the registration of the judgment in the civil registry, has the same probative force as the game.

Article 272.- Possession constant state of married

The possession's constant state of married parents, constitutes one of the means of proof of marriage, if they had died or were in the impossibility of expressing or providing information.

Article 273.- Doubts of the celebration of the marriage

The doubt about the celebration of the marriage are resolved favorably to his pre-existence if the spouses are living or have lived in the possession constant state of marriage.

Chapter v: Invalidity of marriage

Article 274.- Grounds for annulment of marriage*

Is null and void the marriage:

1. [Repealed]

2. [Repealed]

3. Of the married. However, if the first spouse of the bigamist has died or if the first marriage has been invalidated or dissolved by divorce, only the second spouse of the bigamist can sue the invalidation, as long as they had acted in good faith. The action expires if not brought within a period of one year from the day that he had knowledge of the previous marriage.
In the case of the new marriage contracted by a spouse of a disappeared without that it would have declared the presumed death of the latter, you may only be contested, for the duration of the state of absence, by the new spouse and whenever they had acted in good faith.
In the case of a marriage contracted by a spouse of one who was declared presumptively dead, is application of article 68.

4. Of the blood or the like in a straight line.

5. Of the blood in the second and third degree of the collateral line.
However, in the case of the third degree, the marriage is validated, if it obtains a waiver of the relationship.

6. Of the like-minded in the second degree of the collateral line when the previous marriage was dissolved by divorce and the ex-spouse is living.

7. The convicted of first-degree murder of one of the spouses with the survivor referred to in article 242, paragraph 6.

8. Of those who held regardless of the formalities set out in articles 248 to 268. However, it is validated if the parties have acted in good faith and is remedied the omission.

9. Of the contracting parties, who, both acting in bad faith, it held before official incompetent, without prejudice to administrative liability, civil or criminal in it. The action cannot be raised by the spouses.

10. Of the parties is under the age of eighteen years.

* Article amended by the following devices:
1. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8), which repealed the numerals 1 and 2.
2. Law 31945published November 25, 2023 (link: lpd.pe/0R7m6), which incorporated the numeral 10.

Article 275.- Nullity action

The action for annulment must be brought by the Public prosecutor and may be attempted by those who have a legitimate interest and current. If the nullity is manifested, the judge declares it ex officio. However, dissolved the marriage, the Public Ministry may not attempt to, or continue the nullity or the judge to declare it officially.

See jurisprudence here.

Article 276.- Inextinguibilidad of the action of nullity

The action of nullity does not expire.

Article 277.- Grounds for annulment of marriage*

Is voidable marriage:

1. [Repealed]

2. Who is prevented in accordance with article 241, paragraph 2. The action can only be brought by the spouse of the patient, and expires if not brought within a period of one year from the day that he had knowledge of the infirmity or defect.

3. Raptor with the raptured or the reverse, or the marriage performed with retention violent. The action corresponds exclusively to the aggrieved party and shall only be admissible if it is within one year of cessation of the rapture or the retention violent.

4. Who is not in full possession of his mental faculties for a cause momentary. The action may be brought only by him, within two years of the celebration of the marriage, and provided that it has not made a common life for six months after missing the cause.

5. Of those who contracted through mistake about the physical identity of the other party to the contract or ignore any substantial defect of the same make life unbearable common. It is considered defects substantial: the life dishonorable, homosexuality, drug addiction, serious illness of a chronic nature, the conviction for intentional crime more than two years of disqualification of liberty or concealment of the sterilization or divorce. The action may be exercised only by the spouse injured person, within a period of two years was held.

6. Of those who contracts under threat of a serious evil and imminent, able to produce in the threatened state of fear, without which I would not have collapsed. The judge will appreciate the circumstances, especially if the threat had been directed against third parties. The action corresponds to the spouse hurt, and can only be brought within a period of two years was held. The simple fear of not annul the marriage.

7. Who suffers from impotence to absolute time to celebrate it. The action corresponds to both spouses and is fast in both the term impotence. Not applicable cancellation if none of the spouses can perform the sexual intercourse.

8. Who, in good faith, held before official incompetent, without prejudice to administrative liability, civil or criminal, such officer. The action corresponds only to the spouse or the spouse in good faith and must be filed within six months following the conclusion of the marriage.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. Law 31945published November 25, 2023 (link: lpd.pe/0R7m6).

Article 278.- Personal character of the actions of nullity and annulment

The action to get the articles 274, subparagraphs 1, 2 and 3, and 277 is not transmitted to the heirs, but they can continue the initiated by the deceased.

Article 279.- Intrasmisibilidad of the action of nullity

The nullity action that corresponds to the spouse in the other cases of article 274 neither is transmitted to his heirs, who can continue the initiated by its cause. However, this does not affect the right of action that such heirs have for themselves as legitimate stakeholders in the void.

Article 280.- Request for disability representation

The invalidity of a marriage may be invoked for a proxy if you are entitled expressly and in writing to the public, under penalty of nullity.

Article 281.- Procedure for invalidity of the marriage*

The claim of invalidity of marriage is dealt with as a process of knowledge, and are applicable, as relevant, the provisions established for the processes of separation or divorce on grounds.

* Article amended by the First Amending Provision of the DL 768, Code of Civil Procedure (which, in turn, was amended by the D-L 25940). The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 282.- Invalidity of the marriage and parental rights

When you declare the invalidity of the marriage, the judge determines what concerning the exercise of parental authority, subject to the established for the divorce.

Article 283.- Compensation in the event of invalidity of marriage

Are applicable to the invalidity of the marriage with the provisions laid down in the case of a divorce in regard to the compensation of damages.

Article 284.- Effects of marriage invalidated

The marriage invalidated produces civil effects in respect of spouses and children if they were contracted in good faith, as if it was a valid marriage dissolved by divorce.

If there was bad faith in one of the spouses, the marriage does not produce effects in their favor, but with respect to each other and the children.

The error of law is not detrimental to the good faith.

Article 285.- Effects of the invalidity of marriage to third parties

The marriage invalidated produces the effects of a valid marriage dissolved by divorce, compared to the third parties who have acted in good faith.

Article 286.- Cases of the validity of the marriage

The marriage contracted in violation of article 243 is valid.

Title II: personal Relations between the spouses

Chapter one: rights and Duties that are born of the marriage

Article 287.- Common obligations of the spouses

The spouses are obliged to each other by the fact of the marriage, to feed and educate their children.

Article 288.- Duty of fidelity and assistance

The spouses must be reciprocally fidelity and assistance.

Article 289.- Duty of cohabitation

It is the duty of both spouses do life together in the marital home. The judge can suspend this duty if their observance put in serious danger to the life, health or the honor of either of the spouses or the economic activity that depends on the support of the family.

Article 290.- Equality in the home

Both spouses have the duty and the right to participate in the government of the home and to cooperate to the best performance of the same.

Both are responsible, equally, fix, and move the marital home and decide the issues relating to the economy of the household.

Article 291.- One-sided duty to support the family

If one of the spouses is exclusively dedicated to the work of the home and the care of the children, the obligation for the support of the family falls upon the other, without prejudice to the help and collaboration, both spouses must be in one and other field.

Ceases the obligation of one spouse to feed to the other when it leaves the matrimonial home without just cause and refuses to go back to it. In this case, the judge can, according to the circumstances, order the seizure of part of the income of the abandonante the benefit of the innocent spouse and the children. The writ of execution is without effect if and when requested by both spouses.

Article 292.- Legal representation of the conjugal society*

The representation of the conjugal society is exercised jointly by the spouses, without prejudice to the provisions of the Code of Civil Procedure. Any one of them, however, you can give power to the other to exercise such a representation in whole or in part.

For the ordinary needs of the home and acts of administration and conservation, the society is represented interchangeably by either of the spouses.

If either spouse is abusing the rights referred to in this Article, the justice of the Peace Lawyer can limitárselos in whole or in part. The claim is dealt with as a shortened process.

* Article amended by the First Amending Provision of the DL 768, Code of Civil Procedure (which, in turn, was amended by the D-L 25940). The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 293.- Freedom of employment of the spouses

Each spouse may exercise any profession or industry permitted by law, as well as to perform any work outside of the home, with the consent, express or tacit consent of the other. If this denies, the judge may authorize him / her, if justified by the interest of the family.

Article 294.- One-sided role of the conjugal partnership

One of the spouses takes over the management and representation of the company:

1. If the other is prevented by injunction or other cause.

2. If you ignore the whereabouts of the other, or it is in a remote location.

3. If the other has abandoned the home.

Title III: patrimonial Regime

Chapter one: general Provisions

Article 295.- The choice of the patrimonial regime

Before the celebration of the marriage, the future spouses may choose freely the regime of marital society or by the separation of assets, which will begin at the conclusion of the marriage.

If the future spouses opt for the regime of separation of assets, shall be granted by public deed, under penalty of nullity.

For that to take effect, you must register in the personal record.

In the absence of a public deed is presumed that the parties have opted for the regime of marital society.

Article 296.- Replacement of the Patrimonial Regime

During the marriage, the spouses may substitute a regime on the other. For the validity of the agreement are necessary for the granting of the public deed and the registration staff. The new regime is effective from the date of its registration.

Article 297.- Replacement judicial regime

In the case of being in force for the regime society of community property, either spouse may apply to the judge that such a regime was replaced by the separation, in the cases referred to in article 329.

Article 298.- Liquidation of the property regime

At the end of the term of a patrimonial regime will be necessarily to its liquidation.

Article 299.- Property of the patrimonial regime

The patrimonial regime includes both the property that the spouses had before entering one in force as those purchased by any title during its lifetime.

Article 300.- Mutual obligation of support for the home

Whatever the regime in force, both spouses are required to contribute to the support of the home according to their possibilities and revenue.

If necessary, the judge reglará the contribution of each one.

Chapter two: Society of marital property

Article 301.- Property of the marital society

In the regime of marital society can have personal property of each spouse and assets of the society.

Article 302.- Property of the marital society

Are personal property of each spouse:

1. The contribution at the start of the regime of marital society.

2. Those acquired during the term of the scheme for consideration, when the cause of acquisition has preceded it.

3. Those acquired during the term of the scheme free of charge.

4. The compensation for the accident, or life insurance, personal injury or illness, the deduction of the premiums paid with the assets of the society.

5. The rights of the author, and inventor.

6. Books, instruments, and useful for the exercise of the profession or work, unless they are accessories to a company that does not have the quality of own good.

7. The shares and the shares of companies that are distributed free of charge among the partners for revaluation of the social heritage, when such shares or equity interests that are own.

8. The annuity free-of-charge and agreed to consideration where the consideration is own good.

9. The clothes and objects of personal use, as well as the diplomas, medals, correspondence, and family memories.

Article 303.- Management of own property

Each spouse retains the free administration of their own property and can dispose of them or gravarlos.

Article 304.- Non-waiver of acts of liberality

None of the spouses can resign from a legacy or inheritance, or stop accepting a donation without the consent of the other.

Article 305.- Management of property of the other spouse

If one of the spouses does not contribute to the fruits or products of their own goods to the maintenance of the home, the other may ask you to go to your administration, in whole or in part. In this case, is required to constitute a mortgage and, if you do not own property, and all other warranties, whether it is possible, according to the careful discretion of the judge, by the value of the goods you receive.

Article 306.- Attribution spouse's administrator

When one of the spouses allows your property to be managed in whole or in part by the other, does not have this but the powers inherent in the mere administration, and is obliged to return them at any time at the request of the owner.

Article 307.- Payment of debts previous to the regime of community property

The debts of each spouse prior to the effective period of the regime of community property are paid with their own property, unless they have been given the benefit of the future home, in which case you pay with social goods in the absence of goods of the debtor.

Article 308.- Personal debts of the other spouse

The property of one of the spouses, are not liable for the personal debts of the other, unless it is proved that contracted for the benefit of the family.

Article 309.- Non-contractual liability of the spouse*

The non-contractual liability of a spouse does not harm the other in their own property or on the part of the society that would accrue in the event of liquidation.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 310.- Social goods

Are social goods all not included in the article 302, even those that either spouse acquires for his work, industry or profession, as well as the fruits and products of all personal property and of the society and the incomes of the rights of author and inventor.

They also have the quality of social goods that the buildings constructed at the expense of the flow of social soil itself of one of the spouses, paying the value of the land at the time of refund.

Article 311.- Rules for qualification of the goods

For the classification of goods is governed by the following rules:

1. All goods are presumed to be social, in the absence of proof to the contrary.

2. The goods replaced or to be subrogated to the other are considered the same condition that replaced or subrogaron.

3. If you sold some goods, whose price is not recorded to have been reversed, purchased after other equivalent, it shall be presumed, until proven otherwise, that the post-acquisition is made with the proceeds of the sale above.

Article 312.- Prohibition of contracts between spouses

The spouses cannot enter into contracts among themselves in respect of the goods of the society.

Article 313.- Common management of the social heritage

Corresponds to both spouses the administration of the social heritage. However, any of them can empower the other to take only such authority in respect of all or some of the goods. In this case, the spouse administrator shall indemnify the other for any damages that you suffer as a result of malicious acts or culpable.

Article 314.- Administration of social goods and own by the other spouse

The administration of the assets of the company and the own of one of the spouses corresponds to the other in the case of article 294, paragraph 1 and 2.

If one spouse has left the home, it is for the other the management of the corporate assets.

Article 315.- Provision of social goods

To dispose of the assets or social gravarlos, it requires the intervention of the husband and the wife. However, either of them may exercise such power, if it has special power of the other.

The provisions of the preceding paragraph does not apply to the acts of acquisition of personal property, which may be incurred by any of the spouses. Neither applies in the cases referred to in special laws.

Article 316.- Loads of the society

They are in charge of the society:

1. The support of the family and the education of the common children.

2. The food that one of the spouses is required by law to give to other people.

3. The amount of what is donated or promised to the children common for both spouses.

4. The necessary improvements and repairs of mere preservation or maintenance done on the premises of their own, as well as the remuneration and taxes that affect them.

5. The useful improvements and recreational society decides to enter in the property of one of the spouses with the consent of the latter.

6. The repairs and improvements made in social goods, as well as the taxes and compensation that may affect them.

7. The arrears or interest earned from obligations to which they were affected both the goods themselves as the social, whatever the period to which they pertain.

8. The burdens on the usufructuaries in respect of the personal property of each spouse.

9. The costs arising from the administration of the society.

Article 317.- Liability for the debts of the society

The social goods and, in the absence or lack of these, the own of both spouses, respond to pro-rata basis of the debts that are in charge of the society.

Article 318.- End of the marital society

Fenece the regime of the marital society:

1. By invalidation of the marriage.

2. By separation of bodies.

3. Divorce.

4. For the declaration of absence.

5. By the death of one of the spouses.

6. By change of patrimonial regime.

Article 319.- Order of the society*

For the relations between the spouses is considered that, even determined, in the marital society occurs on the date of the death or of the declaration of presumed death, or absence; in the notification with the claim of invalidity of marriage, divorce, legal separation or of judicial separation of property; and on the date of the deed, when the separation of property is established by common agreement. In the cases referred to in subsections 5 and 12 of Article 333, the marital society fenece from the moment that occurs the separation of fact.

Third, the regime of marital society is considered late on the date of the entry in the registry staff.

* Article amended by the Law 27495published on July 7, 2001 (link: lpd.pe/0LngO).

Article 320.- Inventory valued of social goods

Fenecida the marital society, they proceed immediately to the formation of the inventory valued of all the goods. The inventory can be formulated in a private document with signatures notarized, if both of the spouses or their heirs are in agreement. In the opposite case, the inventory is done by the court.

Not included in the inventory of the furniture of the ordinary household in the cases of article 318, paragraphs 4 and 5, which corresponds to the spouse of the absent, or to the survivor.

Article 321.- Goods excluded from the household

The furniture in ordinary household does not include:

1. The clothes and objects of personal use.

2. The money.

3. The securities and other documents of a financial nature.

4. The jewelry.

5. The medals, awards, diplomas and other awards.

6. Weapons.

7. The instruments for professional use or occupational.

8. The collections of scientific or artistic.

9. The cultural heritage-historical.

10. Books, files, and containers.

11. The motor vehicles.

12. In general, objects that are not for domestic use.

Article 322.- Settlement of the marital society

Performed inventory, pay for the social obligations, and loads and then is fed back to each spouse, the assets that remain.

Article 323.- Marital

Is marital property remaining after carried out the acts referred to in article 322.

The marital property is divided in half between both the spouses or their respective heirs.

When the marital society has been late for death or declaration of absence of one of the spouses, the other has a preference for the award of the house in which dwells the family and the establishment of agricultural, craft, industrial or commercial character family, with the obligation to reimburse the excess value, if any.

Article 324.- Loss of community property

In the case of separation of fact, the convicted spouse loses the right to common property in proportion to the duration of the separation.

Article 325.- Settlement of various societies of marital property

Always to be run simultaneously with the liquidation of common property of two or more marriages contracted on by the same person, shall be admissible, in the absence of inventories prior to each marriage, all kinds of tests to determine the property of each society; and, in case of doubt, we shall divide the marital property between the different societies, taking into account the time of its duration, and the evidence that you were able to act on the property of the respective spouses.

Article 326.- Union made*

The union of fact voluntarily made and maintained by a man and a woman, free matrimonial impediment, to achieve goals and fulfill duties similar to those of marriage, creates a society of property that is subject to the regime of marital society, in so far as they may apply, provided that the union has lasted for at least two years continuous.

The possession steady state from an approximate date can be tested with any of the media supported by the procedural law, provided that there is a principle of written test.

The union actually ends by death, absence, mutual agreement or unilateral decision. In this latter case, the judge may grant, at the choice of the left, an amount of money by way of compensation or a pension of food, in addition to the rights granted to you in accordance with the regime of marital society.

In the case of the de facto union that does not meet the conditions laid down in this article, the data subject has a fast, in your case, the action of unjust enrichment.

The joints of the fact that they satisfy the conditions laid down in this article occur, in respect of their members, their rights and duties as to succession, similar to those of marriage, so that the provisions contained in the articles 725, 727, 730, 731, 732, 822, 823, 824 and 825 of the Civil Code apply to a member who is a survivor of the union of made in the terms that apply to the spouse.

* Article amended by the Law 30007published on April 17, 2013 (link: lpd.pe/kyvd7).

Chapter three: Separation of assets

Article 327.- Separation of the heritage

In the regime of separation of assets, each spouse retains full ownership, management and disposition of their present and future assets, and they are the fruits and products of such property.

Article 328.- Personal debts

Each spouse is liable for its debts with its own assets.

Article 329.- Separation of heritage for declaration of insolvency

In addition to the cases referred to in articles 295 and 296, the regime of separation is set by the judge, at the request of the aggrieved spouse, while the other abuses of the powers which correspond or acts with intent or fault.

Made the demand, the court may issue, at the request of the complainant or of its own motion, the provisions concerning the security of the interests of the former. These measures, as well as the judgment, must be entered in the personal record for that to take effect against third parties. The separation takes effect between the parties from the date of the notification with the demand.

Article 330.- Separation of heritage at the request of the aggrieved spouse*

The declaration of the start of Bankruptcy Proceedings in Ordinary of one of the spouses determines full-fledged replacement of the regime of marital society for the separation of assets, and, to produce effects against third parties shall be recorded in the registry staff of office at the request of the Commission of Bankruptcy Procedures of competent jurisdiction, the debtor, his / her spouse or the administrator or liquidator, Chairman of the Board of Creditors or of any creditor concerned.

Notwithstanding the foregoing, in the event that at the time of the commencement of the insolvency proceedings of a natural person found to force another procedure of the same kind previously broadcast under the law of the matter in respect of the conjugal partnership that integrates, it will not produce the result intended in the foregoing paragraph as you develop the processing of such a procedure.

* Article amended by the following devices:
1. Fifth and Final Disposal of the DL 845Law , law on Restructuring of Assets. The DL was published on September 21, 1996 (link: lpd.pe/0bb5O).
2. First Amending Provision of the Law 27809General law of the Bankruptcy System, published on August 8, 2002 (link: lpd.pe/kjgJN).

Article 331.- End of the separation of assets

The regime of separation of patrimonies fenece in the case of article 318, paragraphs 1, 3, 5, and 6.

Title IV: Decay and dissolution of the bond

Chapter one: Separation of bodies

Article 332.- Effect of the separation of bodies

The separation of bodies suspended-related duties to the bed and the room and puts an end to the property regime of community of acquisitions, leaving surviving the bond of marriage.

Article 333.- Causal*

Are the causes of separation:

1. The adultery.

2. The physical or psychological violence, the judge will appreciate that depending on the circumstances.

3. The attack against the life of the spouse.

4. The serious injury, that make life unbearable in common.

5. The unjustified desertion of the matrimonial home for more than two continuous years or when the duration coupled with periods of abandonment to exceed this time limit.

6. The dishonorable conduct that make life unbearable in common.

7. Regular use and unjustified of hallucinogenic drugs or substances that may cause substance abuse, except as provided for in Article 347.

8. The serious illness of sexually transmitted incurred after the celebration of the marriage.

9. Homosexuality sobreviniente marriage.

10. The conviction for intentional crime to prison sentences longer than two years, imposed after the celebration of the marriage.

11. The impossibility of making life in common, duly proven in court proceedings.

12. The de facto separation of the spouses during an uninterrupted period of two years. That period shall be four years if the spouses have children of minor age. In these cases shall not apply the provisions of Article 335.

13. The separation conventional, after two years of marriage.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code of Civil Procedure, which amended paragraphs 2 and 11. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. Law 27495published on July 7, 2001, which amended subsection 11 and incorporated in subsections 12 and 13 (link: lpd.pe/0LngO).

Article 334.- Holders of the action of separation of bodies

The action of separation corresponds to the spouses.

If one is unable, because of mental illness or absence, the action may exercise any of its ancestors if it is grounded in specific causal. In the absence of them the special guardian represents the incompetent.

Article 335.- Prohibition of claim made their own

None of the spouses can establish the demand in fact own.

Article 336.- Order of legal separation for adultery

No, you can attempt the separation of bodies by adultery if the offended caused it, consented or pardoned. Cohabitation after knowledge of the adultery prevents you from starting or continuing the action.

Article 337.- Appreciation judicial brutality, contempt and dishonorable conduct*

The brutality, the serious injury and the dishonorable conduct are appreciated by the Judge taking into account the education, custom, and behavior of both spouses.

* In accordance with the judgment of the Constitutional Court contained in the Exp. 018-96-I/TCpublished on may 13, 1997 (link: lpd.pe/2wRbL), states founded, in part, the claim of unconstitutionality against the article 337 of the Civil Code, to the extent that the brutality and the dishonorable conduct that makes life unbearable in common to be accepted by the judge, taking into account the education, custom, and behavior of both spouses; a provision that is repealed. Also, it is hereby declared to be unfounded in relation to the serious injury, which provision remains in force. Article 337 of the Civil Code, in consequence, shall be referred exclusively to the cause of serious injury.

Article 338.- Inadmissibility of the action for an offence known

Can not invoke the causal referred to in point 10 of article 333, whom he first met the crime before they get married.

Article 339.- Expiration of the action

The action based on article 333, paragraph 1, 3, 9, and 10, expires six months of well-known cause by the offended and, in any case, five years produced. Which is founded in subsections 2 and 4 expires six months of the occurrence of a cause.

In other cases, the action is fast while persisting the facts that motivate.

Article 340.- Effects of the separation conventional with respect to children

Children are entrusted to the spouse who earned the separation by specific cause, not to be the judge to determine, for the well-being of them, who is in charge of all or any of the other spouse or, if there are serious grounds, a third person. This designation should be made by your order, and it is possible and desirable, in any of the grandparents, brothers or uncles.

If both spouses are guilty, the sons older than seven years are the responsibility of the father and the daughters of minors, as well as the children under the age of seven years to the care of the mother, unless the court determines otherwise.

The father or mother who has been entrusted the child has parental responsibility in respect of them. The other is suspended in the exercise, but the resumes of right if the first one dies or is legally prevented from doing so.

Article 341.- Providence court for the benefit of the children

At any time, the judge may issue at the request of one of the parents, siblings older or of the family council, the provisions that are required by new facts that it considers to be beneficial for the children.

Article 342.- Determination of alimony

The judge noted in the judgment of the support that the parents or one of them must be paid to the children, as well as that the husband must pay the wife or vice versa.

Article 343.- Loss of inheritance rights

The spouse separated by no fault of their own loses his rights of inheritance to which you are entitled.

Article 344.- Revocation of consent*

When prompted for the separation conventional either party may revoke your consent within thirty calendar days following the hearing.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 345.- Parental separation conventional*

In the case of separation by conventional or legal separation, the judge lays down rules concerning the exercise of parental authority, the food of the children and the wife or the husband, watching, as appropriate, the interests of the minor children and the family or both spouses agree upon.

Are applicable to the separation of conventional and the separation of fact to the provisions contained in Articles 340 last paragraph, and 341.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. Law 27495published on July 7, 2001 (link: lpd.pe/0LngO).

Article 345-A. - Compensation in case of damage*

To invoke the course of item 12 of Article 333, the plaintiff must prove that it is a day in the payment of its maintenance obligations or other that have been agreed upon by the spouses by mutual agreement.

The judge shall ensure the economic stability of the spouse who is prejudiced by the separation of fact, as well as that of their children. Must point to a compensation for damage, including personal injury or order awarding preferential property of the conjugal partnership, regardless of the maintenance that might correspond to them.

Are applicable in favor of the spouse who is most harmed by the separation of fact, the provisions contained in Articles 323, 324, 342, 343, 351, and 352, as they are relevant.

* Article incorporated by the Law 27495published on July 7, 2001 (link: lpd.pe/0LngO).

Article 346.- Effects of the reconciliation of the spouses

Cease the effects of the separation for the reconciliation of the spouses. If reconciliation occurs during the trial, the judge commanded to cut the process. If there be after the final judgment, the spouses will present to the judge within the same process.

Both the conviction and the reconciliation produced after she enrolls in the registry staff.

Reconciled spouses, may be sued again the separation only causes new or newly known. In this trial did not invoke the facts forgiven, but in terms of contributing to the judge to appreciate the value of these causes.

Article 347.- Suspension of the duty of cohabitation

In the case of mental illness or contagious of one of the spouses, the other may request the suspension of the obligation to make the common life, being subsistent other conjugal duties.

Second chapter: Divorce

Article 348.- Notion

Divorce dissolves the bond of marriage.

Article 349.- Grounds for divorce*

May be sued for divorce on the grounds listed in Article 333, subsections 1 to 12.

* Article amended by the Law 27495published on July 7, 2001 (link: lpd.pe/0LngO).

Article 350.- Effects of divorce in respect of the spouses

By the divorce ceases the maintenance obligation between the husband and the wife.

If you declare the divorce by fault of one spouse and the other careciere of your own assets or property sufficient or is unable to work or provide for their needs by other means, the judge will assign a maintenance allowance of not more than one-third of the income of that.

The ex-spouse may, for grave reasons, ask the capitalization of the alimony and the delivery of adequate capital.

The indigent must be met by your ex-spouse, although it would have given grounds for the divorce.

The obligations referred to in this article cease automatically if the person contracts a new marriage. When it disappears, the state of necessity, the obligor may claim the exemption and, in his case, the reimbursement.

Article 351.- Repair innocent spouse

If the facts which have determined the divorce seriously compromise the legitimate personal interest of the innocent spouse, the judge may grant a sum of money for the concept of reparations for moral damage.

Article 352.- Loss of community property by the spouse at fault

The divorced spouse their fault you will lose the property from the estate of the other.

Article 353.- Loss of inheritance rights between divorced spouses

The divorced spouses does not have the right to inherit each other.

Article 354.- Time conversion*

After two months from notification of the judgment, the resolution of the mayor or the notarial deed of separation, conventional, or judgment of separation for separation of fact, either of the spouses, based on them, you can ask for, as appropriate, the judge, the mayor, or notary public, who knew the process, declaring the dissolution of the bond of marriage.

The same right may exercise the innocent spouse of the separation by specific causal.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. Law 27495published on July 7, 2001 (link: lpd.pe/0LngO).
3. Law 28384published on November 13, 2004 (link: lpd.pe/0mqwX).
4. First Amending Provision of the Law 29227published on may 16, 2008 (link: lpd.pe/0Q9KR).

Article 355.- Rules applied to the divorce

Are applicable to the divorce, the rules contained in articles 334 to 342, as they are relevant.

Article 356.- Court process for reconciliation

During the pendency of the divorce judgment by specific causal, the judge will send you to cut the process if the spouses reconcile.

It is applicable to the reconciliation of the last paragraph of article 346.

If this is the conversion of legal separation into divorce, the reconciliation of the spouses, or the withdrawal of the one who called for the conversion, leaving without effect this request.

Article 357.- Variation of the divorce

The plaintiff may, at any state of the cause, vary their divorce, making it one of separation.

Article 358.- Power of the judge to vary the request

Although the claim or counter-claim in the case of divorce, the judge may declare a separation, if it seems likely that the spouses to reconcile.

Article 359.- Query statement*

If you do not appeal the judgment that declares the divorce, it will be surveyed, with the exception of the one who declares the divorce in the merit of the judgment of separation conventional.

* Article amended by the Law 28384published on November 13, 2004 (link: lpd.pe/0mqwX).

Article 360.- Continuity of the religious duties

The provisions of the law on the divorce and the separation of bodies do not extend beyond their effects on civil and leave all the duties which religion imposes.

Third section: Society paternal-filial

Title I: Particulars of marriage

First chapter: marital Children

Article 361.- Presumption of paternity*

The son or daughter is born during the marriage or within three hundred (300) calendar days following its dissolution as a parent to her husband, except that the mother is expressly stated otherwise.

* Article amended by the DL 1377published on August 24, 2018 (link: lpd.pe/0YBw3).

Article 362.- Presumption of parentage marriage*

Your son or daughter is presumed to be marital, except that the mother expressly declares that it is not the husband.

* Article amended by the DL 1377published on August 24, 2018 (link: lpd.pe/0YBw3).

See jurisprudence here.

Article 363.- Denial of paternity*

The husband that is not created, the father of the son of his woman can deny it:

1. When the child is born before reaching the age of one hundred and eighty days following the celebration of the marriage.

2. When it is manifestly impossible, given the circumstances, who has cohabited with his wife in the first one hundred and twenty-one days of the three hundred prior to the birth of the child.

3. When it is judicially separated during the same time period described in subparagraph (2); except that it had cohabited with his wife during this period.

4. When you be of impotence absolute.

5. When it is demonstrated through the DNA test or other evidence of scientific validity, with equal or greater degree of certainty that there is no link parental. The Judge will dismiss the assumptions of the foregoing paragraphs when they had undergone a genetic test or other scientifically valid with equal or greater degree of certainty.

* Article amended by the Law 27048published January 6, 1999 (link: lpd.pe/kv6qP).

Article 364.- Term of action contestatoria

The action contestatoria must be made by the husband within the period of ninety days from the day following the birth, if he was present at the place, or from the following day of your return, if you are absent.

Article 365.- Prohibition of denying the unborn child

You can't answer the paternity of the unborn child.

Article 366.- Inappropriateness of the action contestatoria

The husband can't answer the paternity of the child that lit up his wife in the cases of article 363, subsections 1 and 3:

1. If prior to the marriage or reconciliation, respectively, has had knowledge of the pregnancy.

2. If admitted, expressly or implicitly, that the child is theirs.

3. If the child has died, unless there is a legitimate interest in clarifying the parent-child relationship.

Article 367.- Ownership of the action contestatoria

Action to answer the paternity corresponds to the husband. However, their heirs and their ancestors can be restarted if he had died prior to the end of the period referred to in article 364, and, in any case, continue the trial if he had started.

Article 368.- Action contestatoria by the ancestors of the husband unable to*

The action may be brought by the parents of the husband, in the cases of article 43, paragraphs 2 and 3, and 44, paragraphs 2 and 3. If they don't try, you can do this with the husband within ninety days of the cessation of your disability.

* Paragraph 3 of article 43, was repealed by the Law 29973published December 24, 2012 (link: lpd.pe/29zVN); whereas paragraph 2 of article 43 and paragraphs 2 and 3 of article 44, were repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 369.- Defendants in the action contestatoria

The action is brought jointly against the son and the mother, with, in your case, the provisions of section 606, subsection 1.

Article 370.- Burden of proof

The burden of proof falls on the husband in the case of article 363, paragraphs 2 and 4. In the case of paragraph 1 only are required to submit items of marriage and the certified copy of the birth; and in paragraph 3, the resolution of separation and the certified copy of the birth certificate. It corresponds to the woman to try, in their respective cases, have been given the situations referred to in article 363, paragraph 3, or article 366.

Article 371.- Challenge of motherhood

Motherhood can be challenged in the cases of childbirth course or impersonation of the child.

Article 372.- Deadline for contest maternity

The action is brought within the period of ninety days from the day after we discovered the fraud and corresponds only to the alleged mother. Their heirs or ascendants can only continue the trial if that left him started. The action is directed against the son, and in his case, against whom the person as the father.

Article 373.- Action of affiliation

The child can ask you to declare your affiliation. This action is imprescriptible, and will attempt to jointly against the father and the mother, or against his heirs.

Article 374.- Trasmisibilidad of the action of descent

The action passes to the heirs of the child:

1. If it died before the age of twenty-three years without having lodged the complaint.

2. If you became unable to before you meet the age and died in the same state.

3. If the child left started the trial.

In the case of the first two clauses, the heirs shall have a two-year deadline to bring the action.

Article 375.- Tests in the matrimonial affiliation

The affiliation of a marriage is tested with the birth of the son, and of the marriage of the parents, or by other means of a public instrument in the case of article 366, part 2, or by a judgment to dismiss the claim in the case of article 363.

In the absence of these tests, the matrimonial affiliation is accredited by sentence relapse in a trial that has been shown to possession constant of the state or by any means, provided that there is a principle of written evidence from one of the parents.

Article 376.- Impugnabilidad of the matrimonial affiliation

When they meet in favour of the affiliation of marriage, the possession steady state and the title to give the game of marriage and birth, cannot be answered by none, nor even for the same child.

Chapter two: Adoption

Article 377.- Notion of the adoption

By the adoption the adopted acquires the quality of child of the adopter and leaves your consanguineous family.

Article 378.- Requirements for adoption*

To the adoption is required:

1. That the adopter enjoyment of good moral character.

2. The age of the adoptive parent is at least equal to the sum of the majority and of the son by adoption.

3. When the adopter is married attend the consent of your spouse.

4. When the adopter is domestic in accordance with article 326, attend the assent of the other cohabitant.

5. The adopted you give your assent if it is more than ten years.

6. That settled the parents of the adopted if he was in their custody or under their guardianship.

7. You hear the tutor or curator of the adopted and the family council, if the adoptee is unable to.

8. That is approved by the judge, with the exception of the provisions of special laws.

9. That, if the adoptive parent is a foreigner and the adopted child of age, that ratify personally before the judge his desire to adopt. It is excepted from this requirement, if the child is currently abroad for health reasons.

* Article amended by the following devices:
1. Law 26981published on October 3, 1998 (link: lpd.pe/pEqZ6).
2. Law 30311published march 18, 2015 (link: lpd.pe/0nbwK).

Article 379.- Adoption process*

The adoption is dealt with under the provisions of the Code of Civil Procedure, the Code of Children and Adolescents, in the Law for the protection of children and adolescents without parental care or at risk of losing them and their regulation and Competition Law Attorney, as appropriate.

Completion of the procedure, the Judge, the competent official, or the notary who handled the adoption, to officiate the Civil Registries of the National Registry of Identification and Civil Status – RENIEC, to extend the birth certificate relevant, replacing the original, and taking note of the adoption by the margin of the same to proceed with your filing.

In the new birth certificate shall be recorded as declaring to the parents, who will sign the game. It is prohibited to mention in respect of the adoption, under the responsibility of the registrar.

The original preserved in effect only for the effect of the impediments to marriage.

* Article amended by the following devices:
1. Law 27442published on April 2, 2001 (link: lpd.pe/2PLwK).
2. DL 1297published December 30, 2016 (link: lpd.pe/2V748).

Article 380.- Irrevocability of the decision

The adoption is irrevocable.

Article 381.- The decision as an act of pure

The adoption can't be done under any modality.

Article 382.- Prohibition of the plurality of adopters*

No one may be adopted by more than one person, to not be by the spouses or cohabitants as stated in article 326 of this Code.

* Article amended by the Law 30311published march 18, 2015 (link: lpd.pe/0nbwK).

Article 383.- Adoption of pupil and cured

The guardian may adopt his ward and the curator of its cured only after approval of the accounts of his administration and satisfied to the extent that results from them.

Article 384.- Inventory of the estate of the adopted

If the person to whom it is intended to adopt has assets, the adoption cannot be done without such goods being inventoried and priced legal action, and without which the adoptive parent, constitutes a sufficient guarantee to the judgment of the judge.

Article 385.- Cessation of adoption at the request of the adopted

The less or the more incapable it has been adopted you can ask to be let off without effect, the adoption within the next year at most, or the date on which the disappearance of her disability. The judge shall pronounce him without further ado.

In such a case, the retrieved effective, without retroactive effect, the filiation by blood and the respective departure. The civil registry respective make the registration of the case by writ of mandate.

Title II: Affiliation extramarital

Chapter one: Recognition of children of unmarried parents

Article 386.- Illegitimate child

Are extramarital children conceived and born outside of marriage.

Article 387.- Evidence on affiliation of wedlock*

The recognition and the declaratory judgment of paternity or maternity are the only means of proof of filiation of wedlock.

Such recognition or declaratory judgment of paternity or maternity obliged to place a new game or birth certificate, in accordance with the procedure of issuance of these.

* Article amended by the Law 29032published on June 5, 2007 (link: lpd.pe/0EqXV).

Article 388.- Recognition of the illegitimate child

The illegitimate child can be recognized by the father and mother jointly, or by one of them.

Article 389.- Appreciation for the grandparents*

The illegitimate child can be recognized by the grandparents of the respective line, in the case of death of the father or of the mother, or where these are covered in article 47, or also when the parents are under the age of fourteen years. In this latter case, once the teenager turns fourteen years, you may recognize his son.

When the father or the mother is halle understood in article 44, paragraph 9, the illegitimate child can be recognized through supports appointed by the court.

* Article amended by the following devices: 
1. Law 27201published November 14, 1999 (link: lpd.pe/0NxgM).
2. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

See jurisprudence here.

Article 390.- Forms of recognition

The recognition is recorded in the registry of births, in a public deed or by will.

Article 391.- Recognition in the registry of birth

The recognition in the registration can be done at the time of registering the birth or later statement by act signed by the practitioner and is authorised by the proper officer.

Article 392.- [Repealed]*

* Article repealed by the Law 28720published on April 25, 2006 (link: lpd.pe/0zvqX).

Article 393.- Ability to recognize*

Any person who is not covered by the disabilities mentioned in Article 389 and who is at least fourteen years of age may recognize the child out of wedlock.

* Article amended by the Law 27201published November 14, 1999 (link: lpd.pe/0NxgM).

Article 394.- Recognition of deceased child

You can recognize the child that has died, leaving descendants.

Article 395.- Irrevocability of recognition

The recognition does not support mode and is irrevocable.

Article 396.- Recognition of the illegitimate child of a married woman*

The son or daughter of a married woman can be recognized by its parent when the parent has expressly stated that it is not her husband. This recognition can be done during the registration of the birth when the mother and the parent flock to the civil registry, or subsequent to the registration made only by the mother, when the latter has declared who is the parent.

Applicable also when the husband had denied it, and obtained a favorable ruling.

* Article amended by the DL 1377published on August 24, 2018 (link: lpd.pe/0YBw3).

Article 397.- Assent to the illegitimate child living in the marital home

The illegitimate child acknowledged by one of the spouses can't live in the matrimonial home without the assent of the other.

Article 398.- Effects of recognition of the child is of age

The recognition of a child's age does not confer that what makes succession rights or the right to food, but in the event that the child has about him the possession steady state, or consent to the recognition.

Article 399.- Challenge of the recognition

Recognition can be refused by the father or by the mother who is not involved in it, by the child himself or by his descendants if he had died, and by those who have a legitimate interest, without prejudice to the provisions of article 395.

Article 400.- Term to deny recognition

The term to deny the recognition of ninety days from that in which he had knowledge of the act.

Article 401.- Denial of recognition to the cessation of the disability

The child or incapable person may in any case refuse the recognition made in his favour in the year following his majority, or to the cessation of his or her disability.

Second chapter: Judicial declaration of filiation extramarital

Article 402.- Origin of the judicial declaration of paternity of wedlock*

Parenthood out of wedlock may be judicially declared:

1. When there is a written indubitado father's support.

2. When the child is found, or had been found up to a year before the demand, in the possession constant state of child out of wedlock, verified by direct acts of the father or his family.

3. When the alleged father could have lived in concubinage with the mother at the time of conception. For this purpose, it is considered that there is cohabitation when a man and a woman, without being married to each other, make life of such.

4. In the cases of rape, abduction or retention violent woman, when the period of the offense coincides with that of the conception.

5. In the case of seduction executed with a promise of marriage in the time contemporary with the conception, provided that the promise consisting of an indubitable manner.

6. When you are certifying the link parental between the alleged father and the son or daughter through the DNA test or other evidence of genetic or scientific with the same or greater degree of certainty. The judge will dismiss the assumptions of the foregoing paragraphs when they had undergone a genetic test or other scientifically valid with equal or greater degree of certainty.

* Article amended by the following devices:
1. Law 27048published January 6, 1999 (link: lpd.pe/kv6qP).
2. Law 28457published on January 8, 2005 (link: lpd.pe/26vnP).
3. DL 1377published on August 24, 2018 (link: lpd.pe/0YBw3).

Article 403.- [Repealed]*

* Article repealed by the Law 27048published January 6, 1999 (link: lpd.pe/kv6qP).

Article 404.- [Repealed]*

* Article repealed by the DL 1377published on August 24, 2018 (link: lpd.pe/0YBw3).

Article 405.- Start the action before the birth

The action may be brought before the child's birth.

Article 406.- Defendants in the judicial declaration of paternity

The action is brought against the father, or against his heirs, if he had died.

Article 407.- Holders of the action*

The action applies only to the son. However, the mother, even if it is minor, you can exercise it in the name of the son, during the minority of this. The tutor and curator, in your case, require the authorization of the family council.

The action does not pass to the heirs of the child. However, their descendants can continue the trial that left him started.

* Keep in mind that the Law 28457Law , law that regulates the process of filiation court of parenthood out of wedlock, in its article 1 reads as follows: "Demand, accumulation of claims and competent judge.- Who has a legitimate interest in obtaining a declaration of paternity can ask the magistrates ' court, the lawyer issued a resolution declaring the affiliation sued [...]".

Article 408.- Judge

The action may be brought before the judge of the domicile of the defendant or the plaintiff.

Article 409.- Judicial declaration of maternity out of wedlock

Maternity out of wedlock may also be declared in the courts when it is proven the fact of the birth and the identity of the son.

Article 410.- Inextinguibilidad of the action

Does not expire the action to declare the affiliation of wedlock.

Article 411.- Normativity extra

Are applicable to the mother and to his heirs by the provisions of the articles 406 to 408.

Article 412.- Effects of the judgment of filiation extramarital

The statement that declares the paternity or maternity of wedlock produces the same effects that the recognition. In no case confer to the father or to the mother's food law or succession.

Article 413.- Test biological or genetic*

In proceedings for a declaration of paternity or motherhood outside of marriage is acceptable proof of biological, genetic, or other scientifically valid with equal or greater degree of certainty.

They are also eligible for these tests at the request of the claimant in the case of Article 402, subsection 4), when there are several authors of the crime. The paternity of one of the defendants be declared only if any of the tests rule out the possibility that corresponds to the other authors. If one of the defendants refuse to submit to any of the tests, it will be declared his paternity, if the test discards the others.

The obligation is solidary for those who refuse to submit to any of the tests.

* Article amended by the Law 27048published January 6, 1999 (link: lpd.pe/kv6qP).

Article 414.- Food for the mother and compensation for moral damage

In the case of article 402, as well as when the father has acknowledged the child, the mother has the right to food during the sixty days preceding and sixty after childbirth, as well as the payment of the expenses incurred by it and by the pregnancy. You also have the right to be compensated for moral damages in cases of abuse of authority or of promise of marriage, if the latter consists of so indubitable, cohabitation criminal or of a minority at the time of conception.

These actions are personal, must be filed before the child's birth or within the next year; it is directed against the father or his heirs, and may be exercised before the judge of the domicile of the defendant or the plaintiff.

Chapter three: Children of maintenance creditors

Article 415.- Rights of the child to petitioner*

Outside of the cases of article 402, the illegitimate child can only claim that he has had sexual intercourse with the mother during the time of the conception of the child support until the age of eighteen years. The board continues to be valid if the child reached the age of majority, may not provide for their subsistence by physical or mental disability. The respondent may request the application of the genetic test, or other scientifically valid with equal or greater degree of certainty. If they give a negative result, you will be exempt from the provisions of this article.

Also, you can operate before the same court that dealt with the process of food the cessation of the obligation if it checks through a genetic test, or other scientifically valid with equal or greater degree of certainty that is not the father.

* Article amended by the following devices:
1. Law 27048published January 6, 1999 (link: lpd.pe/kv6qP).
2. Law 28439published on December 28, 2004 (link: lpd.pe/2VRbw).

Article 416.- [Repealed]*

* Article repealed by the Law 27048published January 6, 1999 (link: lpd.pe/kv6qP).

Article 417.- Holder and recipient of the action

The action that corresponds to the child in the case of article 415 is personal, it is to be exercised by its legal representative and is directed against the alleged father or his or her heirs. These, however, do not have to pay the child more of what you would have received as an heir if he had been recognized or judicially declared.

Title III: Parental rights

Chapter one: Exercise, content, and termination of parental rights

Article 418.- Notion of parental rights

For the custody, the parents have the right and the duty to take care of the person and property of their minor children.

Article 419.- Joint exercise of parental authority*

Parental authority is exercised jointly by the father and the mother during the marriage, corresponding to both the legal representation of the child.

In case of dissent, resolves the Judge of the Child and Adolescent, according to the process summary.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (

Article 420.- Exercise unilateral parental rights

In case of legal separation, divorce or invalidation of the marriage, parental authority is exercised by the spouse who will be entrusted with the children. The other is, meanwhile, suspended in its exercise.

Article 421.- Custody of children of unmarried parents

The parental authority over the children of unmarried parents is exercised by the father or by the mother, has been recognized.

If both parents have recognized the child, the juvenile court determines who is responsible for the custody, according to age and sex of the child, the circumstances of living together or separated parents and, in any case, the interests of a child.

The rules contained in this article are of application in respect of the mother, even if it is minor. However, the judge may rely to a curator, guardian of the person or property of the child, if so required in the interest of the latter, when the parent does not have custody.

Article 422.- Personal relationships with children are not subject to paternal authority

In any case, parents have the right to retain with the children that are not under his parental authority in personal relationships indicated by the circumstances.

Article 423.- Duties and rights of the exercise of parental authority*

The duties and rights of parents to exercise parental authority:

1. Provide the support and education of the children.

2. Direct the educational process of the children and their training to work according to his vocation and skills.

3. [Repealed]

4. Take advantage of the services of their children, tending to their age and condition, and without harming their education.

5. To keep the kids in your company and pick them up from the place where they were without their permission, by resorting to the authority if it is necessary.

6. To represent the children in the acts of civil life.

7. To administer the assets of their children.

8. Enjoy the goods of their children. In the case of products is provided in the article 1004.

* Article amended by the Law 30403published December 30, 2015 (link: lpd.pe/pLn3m).

Article 424.- Subsistence of the obligation to older children of age*

There remains the obligation to provide for the support of unmarried sons and daughters over the age of eighteen who are following successful studies of a profession or occupation until 28 years of age, and unmarried sons and daughters that are not found in aptitude to meet their subsistence by reasons of physical or mental disability duly verified.

* Article amended by the Law 27646published on January 23, 2002 (link: lpd.pe/k8yxE).

Article 425.- Goods excluded from the legal administration

Are excluded from the legal management of the property donated or left by will to the children, under the condition that their parents do not administer; and acquired by the children for their work, trade, profession, or industry shall be exercisable with the consent of their parents or given to them for the exercise of such activities.

Article 426.- Warranty for the legal administration

Parents are not required to provide collateral to secure the responsibility of its administration, except that the judge, at the request of the family council, resolved that constitute, by requiring the interest of the child. In this case, the guarantee must ensure that:

1. The amount of the personal property.

2. The income during a year, gave up the goods.

3. The utilities that during a year, I can leave any of the company of the child.

Subsections 2 and 3 are only applicable when the parents do not have the usufruct of assets under management.

Article 427.- Obligation to give an account of the legal administration

 Parents are not required to give an account of your management, but at the end of it, not to be the judge, at the request of the family council decides otherwise.

Article 428.- Modification or suspension of guarantees and accounts

The judge, at the request of the council of family, you can modify or suspend at any time the measures which it has taken in accordance with articles 426 and 427.

Article 429.- Prohibition of agreement between parents and children

The child reached the age of majority may not enter into agreements with their parents before being adopted by the judge in the final account, except judicial waiver.

Also has no effect, without such a requirement, the inheritance voluntary or the legacy that the son leave for their parents financed with third freely available.

Article 430.- Legal interest of the balance against the father

The balance is against the parent produces legal interests from one month after the termination of parental rights. This obligation is solidary.

Article 431.- Legal interest on the balance in favour of parents

If it is balance in favor of the parents, only interest-bearing legal interest from the child gets their goods.

Article 432.- Reciprocal action on payment

The actions that reciprocally to attend the parents and the child, by reason of the exercise of parental authority is terminated within three years of approval of the final account.

This article is not applicable to the action relating to the payment of the balance resulting from such account, which prescribes within the time period noted for the personal action.

Article 433.- Administration in the case of the new marriage

The father or the mother who wants to enter a new marriage should ask the judge, before you celebrate, to convene the family council to decide whether or not to continue with the administration of the estate of his sons from the previous marriage.

In cases of resolution in the affirmative, the new spouses are jointly and severally liable. In negative case, as well as when the father or the mother's excuse themselves to manage the property of the children, the family council shall appoint a curator.

Article 434.- Supplementary application of article 433

The parents of the illegitimate child are subject to the provisions of article 433.

Article 435.- Curator for the administration of assets of the minor

The judge may rely to a curator, in whole or in part, the administration of the property of the children subject to the parental rights of one parent:

1. When prompted by the same parent indicating the person of the healer.

2. When the other parent has been appointed in your will, and the judge considers desirable to this extent. The appointment may be in a legal person.

Article 436.- Goods excluded from the usufruct legal

Are excepted from the usufruct legal:

1. The property donated or left by will to the children, with the condition that the usufruct does not correspond to the parents.

2. The property donated or left by will to the children so that their fruits are invested in a certain and determined.

3. The heritage that has been passed on to the children for the indignity of the parents or of having been these disinherited.

4. The property of the children that will be delivered by your parents to exercise a job, profession or industry.

5. The children acquire for your work, profession or industry shall be exercisable with the consent of their parents.

6. The amounts deposited by third parties on savings accounts on behalf of the children.

Article 437.- Loads of usufruct legal

Loads of usufruct legal are:

1. The obligations that weigh on all usufructuary, except to perform the warranty.

2. The expenses of the children included in the article 472.

Article 438.- Loss of business subject to usufruct legal

If a company included in the usufruct legal stop loss a year, correspond to the child the benefits of the following years until the loss is compensated.

Article 439.- However, to use legal

The usufruct legal can be garnished for the acts or debts of the parents, except as necessary to meet the obligations outlined in article 437.

Article 440.- Intrasmisibilidad of the usufruct legal

The parents are not able to pass on their right of usufruct, but if you give up on him.

Article 441.- Inventory of court of the child's property

The spouse who has the custody after dissolution of the marriage, is forced to make legal inventory of the goods of their children, under penalty of losing the usufruct legal. While not comply with this obligation, may not remarry.

Article 442.- Responsibility of parents of goods available to

In the case of goods provided for in the lease, and by the time that it lasts, the parents respond only of the property.

Article 443.- Order of the administration and of the enjoyment by bankruptcy

The administration and enjoyment with legal cease by the declaration of bankruptcy.

Article 444.- Loss of administration and usufruct for a new marriage

The father or the mother who gets married without fulfilling the obligation imposed on it by the articles 433 and 434 loses the administration and enjoyment of the property of the children of the previous marriage, as well as those of the children of unmarried parents and the new spouses are jointly and severally liable as the guardians.

Article 445.- Restitution of administration and usufruct for dissolution of marriage

The father or the mother recovers, in the case of article 444, administration and enjoyment of the property for their children when dissolved or declared void the marriage.

Article 446.- Loss of the management and leasing legal

Who endangers the property of the children to the exercise of parental authority loses the administration and usufruct legal.

Article 447.- Prohibition of the parents to alienate and encumber property of the son

Parents may not dispose of or encumber any of the assets of the children, nor contract on behalf of them obligations that exceed the limits of the administration, except for justified reasons of necessity or utility, and prior judicial authorization. The judge may provide, in their case, that the sale is made prior appraisal and in a public auction, when required by the interests of the child.

Article 448.- Judicial authorization to celebrate acts on behalf of the minor

Parents also need judicial authorization to practice, on behalf of the minor, the following acts:

1. Lease their property for more than three years.

2. Make partition settlement.

3. Settle, stipulate clauses compromisorias or arbitration.

4. Give up inheritances, bequests, or donations.

5. Celebrate partnership agreement or to continue on to the set.

6. Liquidate the company that is part of their heritage.

7. Give or take money on loan.

8. Build, excediéndose of the needs of the administration.

9. Accept donations, bequests or inheritances voluntary loads.

10. Agree on the demand.

Article 449.- The opinion of the child on the disposal of their property

In the cases of subsections 2, 3 and 7 of article 448, also apply to articles 987, 1307 and 1651. In addition, in the cases referred to in articles 447 and 448, the court must hear, if possible, the child that he is sixteen years old, before providing your consent. This is granted in accordance with the procedures set forth in the Code of Civil procedure to dispose or to compel property of minors.

Article 450.- Action for annulment of acts concluded by parents

May request the annulment of the acts performed in violation of the articles 447, 448 and 449:

1. The child, within the two years following his majority.

2. The heirs of the child, within the two years following his death if it occurred before reaching the majority.

3. The legal representative of the child, if, during the minority ceases to one of the parents or the two in custody. In this case, the term begins to be counted from the termination.

Article 451.- Bank deposit of money of the sons

The money of the sons, while investment subject to the provisions of article 453, should be placed in appropriate conditions in credit institutions and on behalf of minor.

Article 452.- Judicial authorization for withdrawal of money

The money referred to in article 451 can't be removed, but with judicial authorization.

Article 453.- Investment of the money of the child

The money of the child, whatever their origin, will be invested in land or in mortgage bonds. To make other investments, the parents need to judicial authorization. This authorization shall be granted as required or suggested by the interests of the child.

Article 454.- Duties of the sons

The children are required to obey, to respect and honor their parents.

Article 455.- Right of the child to accept goods free of charge

The minor capable of discernment may accept gifts, bequests, and inheritances voluntary provided that they are pure and simple, without the intervention of their parents. You can also exercise rights strictly personal.

Article 456.- Authorisation for the minor to enter into obligations*

Without prejudice to the provisions of article 1358, the less you will have more than sixteen years of age may enter into obligations, or waive rights provided that their parents exercising parental authority to authorize, expressly or implicitly, the act or ratify the treaty.

When the act is not authorized, or ratified, the minor is subject to the restitution of the sum that would have become his advantage. The child who had acted with intent liable for the damages and injuries caused to the third party.

* The expression "without prejudice to the provisions of article 1358" was withdrawn tacitly article under the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 457.- Authorisation for the minor to work

The minor capable of discernment may be authorized by their parents to dedicate themselves to a job, occupation, industry or occupation. In this case, you can perform the acts required by the regular exercise of such an activity, the management of the property which he had left with that object or that you purchase as a by-product of that activity, usufructuarlos or dispose of them. The authorization may be revoked for good reason.

Article 458.- Responsibility for a child*

The minor capable of discernment is liable for damages that you cause.

* Article amended by the Law 27184published October 18, 1999 (link: lpd.pe/26v69).

Article 459.- Assent of the child to acts of administration of their parents

If possible, the parents should consult the minor, who has more than sixteen years, significant acts of the administration. The assent of the minor child does not relieve the parents of responsibility.

Article 460.- Appointment of a special guardian

Provided that the father or the mother have an interest opposite to that of her children, to appoint a special guardian.

The judge, at the request of the father or of the mother, of the Public Ministry, of any other person or ex officio, shall confer on the position relative to the appropriate guardianship legitimate. In the absence of this, the family council shall elect another relative or a stranger.

Article 461.- Grounds for termination of parental rights

Parental authority over:

1. By the death of the parent or the child.

2. By cesar the child's disability pursuant to article 46.

3. To meet the child eighteen years of age.

Article 462.- Causes of loss of parental authority

Parental authority is lost by sentence to sentence that occur or to leave the child for six continuous months or when the length and combined with the abandonment exceed this time limit.

Article 463.- Grounds for deprivation of parental rights

The parents may be deprived of parental rights:

1. To give orders, advice, examples, corrupt, or to dedicate to begging their children.

2. By treating them harshly excessive.

3. By refusing to provide them with food.

Article 464.- [Repealed]*

* Article repealed by the D-L 26102published on December 29, 1992 (link: lpd.pe/0xRJb).

Article 465.- Judicial authorization to the children to live separated from their parents

The judge may authorize the children, for grave reasons, to live separate and apart from the father or of the mother who had married, putting them under the care of another person.

The judge fixed the powers that it should be exercised.

Article 466.- Grounds for suspension of parental rights*

Parental authority is suspended:

1. When the father or the mother has the capacity to exercise restricted according to article 44, paragraph 9.

2. Due to the absence judicially declared to be the father or the mother.

3. When you verify that the father or the mother are prevented from actually exercising it.

4. In the case of article 340.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 467.- Appointment of a curator for representation in court

In the cases of articles 446, 463, 464, and 466, paragraph 3, the family council will provide a tutor to the son to represent him in the trial in question.

Article 468.- Appointment of judicial curator

The judge, at the request of a party or ex officio, shall appoint a curator for the children and will provide your safety and that of their property in accordance with the relevant standards of the Code of Civil procedure, in the event that the family council fails to comply with the provisions of article 467, or that may result in harm.

Article 469.- The result of the loss, deprivation, limitation and suspension of parental authority

The effects of the loss, deprivation, limitation and suspension of parental authority, shall be extended to children born after that has been declared.

Article 470.- Fastness of the duties of parents

The loss, deprivation, limitation, or suspension of parental rights does not alter the duties of the parents with the children.

Article 471.- Restoration of parental rights*

The parents to which they have been deprived of parental rights or limited in their exercise, they may ask for your refund when you put an end to the causes that determined.

The action can only be attempted after three years of completion of the appropriate sentence. The judge will give custody whole or in part, as appropriate to the interest of the child.

In the case of loss and suspension, the parents will return to their parental rights when they disappear the facts that motivated; except the declaration of the loss of parental authority, by a judgment of conviction for the commission of intentional crime in tort to the child or prejudice to the same, or the commission of any of the offences provided for in articles 107, 108-B, 110, 125, 148-A, 153, 153-A, 170, 171, 172, 173, 173-A, 174, 175, 176, 176-A, 177, 179, 179-A, 180, 181, 181-A, 183-and 183-B of the Penal Code, or by any of the offences established in accordance with the Decree Law 25475, which sets out the penalty for the crimes of terrorism and the procedures for the investigation, the investigation and trial.

* Article amended by the following devices:
1. Law 29194published on January 25, 2008 (link: lpd.pe/2dxAR).
2. Law 30323published on may 7, 2015 (link: lpd.pe/0xRAX).

Fourth section: Amparo family

Title I: Food and family goods

Chapter one: Food

 Article 472.- Notion of food*

It means food that is indispensable for sustenance, shelter, clothing, education, instruction and training for work, medical and psychological assistance, and recreation, according to the situation and possibilities of the family. Also the costs of the pregnancy of the mother from conception stage through to postpartum.

* Article amended by the Law 30292published on December 28, 2014 (link: lpd.pe/0EqAr).

Article 473.- Foods to children of age*

The eldest of eighteen years is entitled only to food when you are not in fitness to meet their subsistence by reasons of physical or mental disability duly verified.

If the cause reduced it to the state it was his own immorality, may require only what is necessary to survive.

Does not apply to the provisions of the preceding paragraph, when the person is an ancestor of the obligation to provide food.

* Article amended by the Law 27646published on January 23, 2002 (link: lpd.pe/k8yxE).

Article 474.- Mutual obligation of food

Must be food to each other:

1. The spouses.

2. Ascendants and descendants.

3. The brothers.

Article 475.- Priority required to pass food

The food, when two or more obliged to give them, is provided in the following order:

1. For the spouse.

2. For the descendants.

3. By the ascendants.

4. For the brethren.

Article 476.- Gradation by order of legal succession

Among the descendants and ascendants regulates the gradation by the order in which they are called to the legal succession of the creditor.

Article 477.- Assessment of food

When two or more obliged to give food, is split between all the pension payment in amount proportional to their respective possibilities. However, in case of urgent need and by special circumstances, the judge can force one to pay, without prejudice to its right to repeat the other part that corresponds to them.

Article 478.- Maintenance obligations of relatives

If taking into account other obligations of the debtor spouse of the food, not is able to provide them without compromising their own subsistence, according to their situation, they are bound relatives before the spouse.

Article 479.- Maintenance obligation between ascendants and descendants

Between ascendants and descendants, the obligation of giving food passes by cause of poverty that must be provided to the bound follows.

Article 480.- Obligation with son creditor

The obligation of eating that has a father and his child out of wedlock is not recognized or declared, in accordance with the provisions of article 415, does not extend to the descendants and ascendants of the paternal line.

Article 481.- Criteria for setting food*

Foods are regulated by the court in proportion to the needs of those who ask, and to the possibilities of who should bear them, while also meeting the personal circumstances of both, especially of the obligations halle subject the debtor.

The judge considered an economic contribution unpaid domestic work performed by any of the required for the care and development of the person, according to what is stated in the preceding paragraph.

* Article amended by the following devices:
1. By the Law 30550published on April 5, 2017 (link: lpd.pe/0nbAW).
2. By the Law 32006Published on April 24, 2024 (link: lpd.pe/0AZdo). Through this Law was repealed in the third paragraph of article I, literally, pointed out that "it is Not necessary to rigorously investigate the amount of income that you must pay the food." According to the Third Additional Provision End, the Law 32006 set a deadline of 30 days of vacatio legis. So also, he pointed out that the proceedings initiated before the entry into force corresponds to the new law in the state in which they reside.

Article 482.- Increase or decrease of food

Alimony is increased or decreased according to the increase or decrease that are experiencing the needs of the creditor and the possibilities that should do it. When the amount of the pension is fixed at a percentage of the salaries of the bound, it is not necessary a new trial to reset it. Such a reset occurs automatically according to the variations of such remuneration.

Article 483.- Grounds for exemption of food*

The obligation to provide food you can ask to be exempted if they decrease their income, so that it can not respond without endangering their own subsistence, or if it has disappeared in the petitioner the state of necessity.

In the case of minor children, whom the father or the mother was going through a maintenance allowance by the court, it ceases to govern the reach of those of the age of majority.

However, if there remains the necessity for reasons of physical or mental disability, duly verified, or the creditor is pursuing an occupation or trade successfully, you may ask that the obligation will continue in force.

* Article amended by the Law 27646published on January 23, 2002 (link: lpd.pe/k8yxE).

Article 484.- Various forms of giving food

The obligor may request to be allowed to give the food a different way of payment of a pension, when there are special reasons to justify this measure.

Article 485.- Restrictions the person unworthy

The person that is unworthy of happen or may be disinherited by a debtor, may not require but what is strictly necessary in order to survive.

Article 486.- Extinction of the obligation

The obligation to pay maintenance is extinguished by the death of the obligee or the creditor, without prejudice to the provisions of article 728.

In case of death of the petitioner, his heirs are obliged to pay the funeral expenses.

Article 487.- Characteristics of the right to food

The right to ask for food is intrasmisible, inalienable, intransigible and incompensable.

Chapter two: family Heritage

Article 488.- Features of the heritage family

Family heritage is to attachment, inalienable and transmissible by inheritance.

Article 489.- Goods affected family heritage

You may be the subject of the heritage family:

1. The house family room.

2. An area intended for agriculture, crafts, industry, or trade.

The family's assets may not exceed what is necessary for the dwelling, or the livelihoods of the beneficiaries.

Article 490.- A consequence of incorporation of family heritage

The constitution of the family wealth does not transfer ownership of the property which is to the beneficiaries. These acquire only the right to enjoy such property.

Article 491.- Judicial authorization to dispose of the family property

The assets of the family may be leased only in situations of urgent need, and transiently with the authorization of the judge.

You also need court authorization to lease a part of the premises where it is essential to ensure the sustenance of the family.

Article 492.- However, fruits of the family's assets

The fruits of the family's assets are subject to up to two-thirds, only to ensure the debts resulting from a criminal conviction, the taxes concerning the good and the alimony.

Article 493.- People that may constitute family heritage

They can be family heritage:

1. Any of the spouses on their property.

2. The spouses of common agreement on the assets of the society.

3. The father or mother who has been widowed or divorced, on their own assets.

4. The father or mother of singles on their property.

5. Any person within the limits in which you can donate or dispose freely in testament.

Article 494.- Requirement essential to constitute family heritage

To exercise the right to establish a family's assets is an essential requirement to have no debts whose payment is to be harmed by the constitution.

Article 495.- Beneficiaries of the family wealth

May be beneficiaries of the family wealth only spouses, children and other descendants who are minors or disabled people, parents and other ascendants who are in a state of need and the friars minor or incapable of constituent.

Article 496.- Requirements for the constitution of the family wealth*

To the constitution of the family patrimony is required:

1. The constituent formalize a request to the judge, in which you must specify your name and surname, age, marital status and domicile; identify the land that is proposed to affect; to provide the test instrumentation is not found, the property subject to the mortgage, anticresis or lien registered; and to point out to the beneficiaries, with precision, the family bond that binds him to them.

2. That is accompanying the application, the minutes of constitution of the heritage whose authorization requests.

3. Publish an extract of the application for two days interdiarios in the newspaper where there is one, or by notice in the local court where he hath not.

4. That is approved by the Judge, according to the provisions for the non-adversarial process.

5. That the minutes be elevated to a public deed.

6. To be entered in the respective register.

In the cases of creation, modification or extinction of the family heritage, the judge shall hear the opinion of the Public prosecutor prior to the issue of resolution.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 497.- Management of family wealth

The administration of the patrimony family corresponds to the constituent or the person designated by him.

Article 498.- Loss of quality of beneficiary

Cease to be a beneficiary of the family heritage:

1. The spouses when they become one, or die.

2. Minor children or incompetent, and the friars minor or incapable, when they die or reach the age of majority or disappears disability.

3. The parents and other ascendants and when they die or disappear, the state of necessity.

Article 499.- Causes of extinction of family heritage

Family heritage is terminated:

1. When all of its beneficiaries cease to be so, in accordance with article 498.

2. When, without the authorization of the judge, the beneficiaries no longer dwell in the dwelling or working the land for a continuous year.

3. When, having need of mediated cause serious, the judge, at the request of the beneficiaries, declared extinct.

4. When the property on which it rests is expropriated. In this case, the product of the expropriation must be deposited in a credit institution to constitute a new family heritage. During a year, the valuation of deposit will be attachment. Any of the beneficiaries may require within the first six months, which the establishment of the new heritage. If, at the end of the year mentioned has not been organized or promoted the constitution of a new heritage, the money will be delivered to the owner of the expropriated property.

The same rules are applied in the cases of destruction of the property when it generates a compensation.

Article 500.- Judicial declaration of extinction of the family wealth

The extinction of the family property must be declared by the judge and is part of the public record.

Article 501.- Modification of the heritage family

Family heritage can be modified according to the circumstances, with the same procedure as that for its constitution.

Title II: Institutions for extra amparo

First chapter: Guardianship

Article 502.- Purpose of the guardianship

The child that is not under the parental authority will appoint a guardian to take care of their person and property.

Article 503.- Powers to appoint guardian

Have power to appoint a guardian in a will or by writing the public:

1. The father or mother, survivor, for the children who are under their parental authority.

2. The grandfather or grandmother, to grandchildren who are subject to guardianship legitimate.

3. Any testator, for which the instituted heir or legatee, if he has no guardian appointed by the father or the mother and guardian legitimate and the amount of the inheritance or legacy bastare to the food of the child.

Article 504.- Appointment of a guardian for one of the parents

If one of the parents is unable to, it will be the appointment of a guardian that doeth the other, even though he should die first.

Article 505.- Plurality of guardians

If you are appointed to two or more guardians in a will or by a public deed, the fee will be played in the order of appointment, except as otherwise provided herein. In this latter case, if the instituting would not have established the mode of exercising the powers of guardianship, this will be a joint.

Article 506.- Guardian legitimate

In the absence of a guardian appointed by will or by writing to the public, perform the post for the grandparents and other ancestors, novel:

1. The nearest to the most remote.

2. The most ideal, in equal degree. The preference is decided by the judge hearing the council of family.

Article 507.- Guardianship of children of unmarried parents

The guardianship of the article 506 has no place in respect of children of unmarried parents, if not confirmed by the judge.

Article 508.- Tutor dative

In the absence of testamentary tutor or scriptural and guardian legitimate, the family council shall appoint a tutor dative to a person resident in the place of residence of the child.

The family council will meet for the order of the judge or at the request of the relatives, of the Public prosecutor or any person.

Article 509.- Deadline to ratify tutor dative

The tutor dative is to be ratified every two years by the family council, within a period of thirty days from the expiration of the period. The lack of a decision from the council within such time period is equivalent to the ratification.

Article 510.- Patronage of the state*

The guardianship of the children and adolescents in a situation of helplessness family is regulated by the law on the matter.

* Article amended by the DL 1297published December 30, 2016 (link: lpd.pe/2V748).

Article 511.- [Repealed]*

* Article amended by the Law 30162published January 29, 2014 (link: lpd.pe/pbbwP). Then, this article was repealed by the DL 1297published December 30, 2016 (link: lpd.pe/2V748).

Article 512.- Right to discern the charge

The guardian has the obligation to ask for the discernment of charge. If you do not, the judge must order it, ex officio or at the request of the relatives, of the Public prosecutor or any person.

Article 513.- Validation discernment later

The discernment subsequent to the exercise of the charge does not invalidate the previous acts of the guardian.

Article 514.- Precautionary measures

While not name a guardian, or not discern the guardianship, the judge, ex officio or at the request of the Public prosecutor, shall issue all such orders as may be necessary for the care of the person and the safety of the property of the minor.

Article 515.- Impediments to exercise tutorial

May not be guardians:

1. Minors. If you were to be appointed by will or by public deed, shall exercise the office when they arrive at the most.

2. The subject to guardianship.

3. Debtors or creditors of the minor, and amounts of consideration, nor the guarantors of the first, unless the parent had appointed knowing this circumstance.

4. Those that have in a lawsuit of its own, or of their ancestors, descendants or spouse, interest contrary to that of the minor, unless that knowledge of it had been named by the parents.

5. The enemies of the minor or his or her parents or brothers.

6. The specifically excluded from the guardianship by the father or by the mother.

7. The broken and those who are subject to a bankruptcy proceeding.

8. Those convicted of homicide, injury, bad faith, fight, abortion, exposure or abandonment of persons in danger, deletion or alteration of a civil status, or for offences against property or against good manners.

9. The people of bad behavior well-known or that do not have the way of life known.

10. Those who were destitute of parental rights.

11. Those who were removed from another guardianship.

Article 516.- Challenge to appointment of guardian

Any interested parties and the Public prosecutor may challenge the appointment of a guardian or made in violation of article 515.

If a challenge precediera to the discernment of the office, they are subject to the provisions of the Code of Civil procedure.

Article 517.- Mandatory charge of guardian

The position of guardian is required.

Article 518.- People who can be excused from the charge of guardian

May excuse himself from the charge of guardian:

1. Strangers, if there is a blood relative ideal.

2. The illiterate.

3. Which of chronic disease cannot fulfill the duties of the position.

4. The over sixty years.

5. Those who have no fixed address, by reason of their activities.

6. Those who live far from the place where he exercised the guardianship.

7. Those who have more than four children under his parental authority.

8. Those who are or have been the guardians of another person.

9. The who perform a public function that we deem inconsistent with the exercise of the guardianship.

Article 519.- Term to excuse the charge

The tutor should propose his excuse within a period of fifteen days since you had news of the appointment or from which came the causal if it is exercising the office. Can't articulate it the expiration of that period.

Article 520.- Prerequisites to the exercise of the guardianship

Are prerequisites to the exercise of guardianship:

1. The faction of legal inventory of the minor's property, with the intervention of this if you have sixteen years of age. Until you perform this diligence, the goods remain on deposit.

2. The constitution of equity or interest, or of a bond if it is impossible for the tutor to give one of those, to ensure the accountability of its management. In the case of the guardian legitimate, they are subject to the provisions of article 426.

3. The discernment of charge. The guardian in the discernment of the charge is forced to promise that he will keep faithfully the person and property of the minor, as well as to declare if it's your creditor and the amount of your credit under penalty of losing it, or if it is your debtor or surety for the debtor.

Article 521.- Deposit of the values of the minor in financial institution

The values in the judgment of the judge should not be in the power of the guardian, will be deposited in credit institutions on behalf of the minor.

Article 522.- Deposit of the conservatee's money in the bank

It is application to the money of the child to the provisions of article 451.

Article 523.- Authorization for removal of values and money

The securities, and money referred to in articles 521 and 522, may not be withdrawn from the credit institutions but by a judicial order.

Article 524.- Investment of the money of the child

The money of the child, whatever their background, will be invested in accordance with the provisions of article 453.

Article 525.- The responsibility of the guardian by legal interests

The tutor responds to the legal interests of the money that is required to place, when by his negligence is unproductive for more than a month, without which this exemption from the obligations under articles 522 and 524.

Article 526.- Duties of the guardian

The guardian must feed and educate the child according to the condition of it, and protect and defend your person.

These duties are governed by the provisions relating to parental authority, under the surveillance of the family council.

When the child lacks property or these are not enough, the tutor will require the payment of alimony.

Article 527.- Representation of the pupil

The guardian representing the child in all civil acts, except those which, by provision of the law, he can run by itself.

Article 528.- Capacity of the ward under guardianship

The capacity of the minor under guardianship is the same as that of the child subject to parental authority.

Article 529.- Obligation to manage with diligence

The guardian is required to manage the minor's property with the ordinary care.

Article 530.- Child's right to appeal the judge

The child who has attained fourteen years, and any interested party may apply to the judge against the acts of the custodian.

Article 531.- Authorization to dispose of the assets of the conservatee

The child's property cannot be alienated or encumbered but with judicial authorization, granted by necessity or utility, and with hearing of the family council. Are excluded from this provision the fruits to the extent that they are necessary for the nourishment and education of the child.

Article 532.- Acts that require judicial authorization

The guardian also needs to judicial authorization is granted after a hearing of the family council to:

1. Practice the acts referred to in article 448.

2. Do extraordinary expenses in the property.

3. Pay debts of the child, unless they are of small amount.

4. Allow the minor capable of discernment, to dedicate themselves to a job, occupation, industry, or trade, within the scope referred to in article 457.

5. Celebrate a contract of lease of services.

6. A contract of life insurance or of life annuity to an onerous.

7. Any act in which they have an interest in the spouse's legal guardian, any of his relatives or any of their partners.

Article 533.- Intervention of the child to acts that require judicial authorization

In the cases of articles 531 and 532, when the child has sixteen years of age, if possible, the judge must hear before you pay your authorization.

Article 534.- Supplementary application of article 449

It is application to the judicial authority, the provisions of article 449.

Article 535.- Sale outside of the auction

The sale can be made, exceptionally, outside of the auction, with the approval of the judge, and after hearing the Public prosecutor's office, when required by the interests of the child.

Article 536.- Acts carried out without court authorization

The acts performed by the guardian without court authorization required by sections 531 and 532, do not force the lesser but within the limits of the second paragraph of article 456.

Article 537.- Action for annulment of the pupil acts without authorization

The action of the minor to cancel the events celebrated by the guardian without the legal formalities prescribed to two years. This term is counted from the day on which ceased disability.

Article 538.- Prohibited acts guardians

It is prohibited to the guardian:

1. Buy or lease the property of the minor.

2. Acquire any right or action against the minor.

3. Dispose of the minor's property free of charge.

4. Lease for more than three years, the child's property.

Article 539.- Fixing judicial compensation of guardian

The guardian has the right to a remuneration to be fixed by the judge, taking into account the importance of the child's property and the work that has sued his administration in each period.

Never exceed the remuneration of the eight percent of the revenue or liquid products to be consumed or ten percent of the capitalized.

Article 540.- Duty of the guardian to account

The guardian is obliged to give an account of their administration:

1. Annually

2. At the end of the guardianship, or to dismiss it.

Article 541.- The obligation of the guardian legitimate to account

In the case of the guardian legitimate, they are subject to the provisions of article 427 in regard to the obligation imposed by paragraph 1 of article 540.

Article 542.- Process of accountability and disapproval of accounts*

The surrender, at the request of the guardian or of the family council, is presented in the execution of the judgment of the shortened process. The presentation, at a hearing the Judge will signal to the effect, and with the presence of the minor if more than fourteen years, in writing, attaching a copy of the supporting documentation, or providing other means of proof. At the hearing, the tutor will provide the explanations required.

The demand of disapproval is formulated to be the case, within the period of expiration of sixty days after the submission of the accounts, and is processed as a process of knowledge.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 543.- Term tutor to give an account

Rendered the account of the first year, the judge will be able to resolve the subsequent surrender biennial, triennial, or quinquenalmente, if the administration is not outside entity.

Article 544.- Increase or decrease of the warranty for the guardian

The warranty provided by the guardian may be increased or decreased during the exercise of the guardianship.

Article 545.- Deposit and Investment balance in favor of the pupil

Are applicable articles 451 and 453 to the balance resulting from the annual statement of account on behalf of the minor.

Article 546.- Prohibited acts of the pupil before surrender

The child, at most, can not enter into agreement with his former tutor before being approved by the court the final account. The testamentary dispositions of the child in favor of the guardian they will not have effect without such a requirement, except for those relating to the legitimate.

Article 547.- Legal interest of the balance against the guardian

Are applicable to the interests of the balance of the final account the provisions contained in article 430.

Article 548.- Ban waiver obligations of a guardian

The obligations imposed by this chapter, the guardians are not subject to waiver.

Article 549.- Order of the guardianship

The guardianship ends:

1. By the death of the child.

2. By getting the child to the age of eighteen.

3. By cesar the inability of the minor in accordance with article 46.

4. By cesar the inability of the father or of the mother in the case of article 580.

5. By entering the minor under parental authority.

Article 550.- Causes of extinction of the office of the guardian

The charge of guardian ceases:

1. By the death of the guardian.

2. By the acceptance of his resignation.

3. By the declaration of bankruptcy.

4. For the non-ratification.

5. By its removal.

Article 551.- Effects of the death of the guardian

The heirs of the guardian, if you are able, are required to continue to the management of their cause until the new name guardian.

Article 552.- Faculty of resignation of the guardian dative

The tutor dative who has held the office six years can refuse it.

Article 553.- Continuity of the guardianship

The guardian resign the guardianship, as well as the one whose appointment is terminated, you must exercise care until you are relieved.

Article 554.- Grounds for removal of the guardian

You will be removed from the guardianship:

1. Which falls within any of the impediments of the article 515, if not resignation.

2. The work which would be prejudicial to the child in his or her person or interests.

Article 555.- Provisional suspension of the guardian

The judge, after the claim of removal, you can temporarily suspend the guardian, if there is danger in delay.

Article 556.- Protection of the child and their property in the trial

Answered the demand by the testamentary tutor or legitimate, it will take care of the child and their property, during the trial, a guardian legitimate and, in the absence of this, one dative.

Article 557.- Removal of the guardian at the request of the pupil

The child who has attained the age of fourteen years may ask the judge for the removal of their legal guardian.

Article 558.- Required to apply for removal of the guardian

The relatives of the minor and the Public prosecutor are obliged to ask for the removal of the guardian.

Article 559.- Complaint to the guardian

Anyone can report to the guardian by causes which lead to its removal.

Article 560.- Call the family council

If the court has knowledge of any prejudice to the guardian to cause the minor, shall, ex officio, the family council to proceed, according to the circumstances, to use their powers for the benefit of that.

Article 561.- Reciprocal actions of the pupil and tutor

It is applicable to the reciprocal actions of the minor and the guardian to the provisions of article 432.

Article 562.- Prescription of action against a judge

The shares of subsidiary liability against the judge claims expire six months from the day on which they had been able to bring.

Article 563.- Guardian unofficial

The person who is in charge of the business affairs of a minor, shall be liable as if it were a guardian. This responsibility may be required by the Public Ministry, of his own motion or at the request of any person.

The judge, at the request of the Public prosecutor, may order that things are stable for the guardianship. If this is not possible, shall provide that the guardian informal to assume the position as the dative.

Second chapter: Curatorship

Article 564.- People subject to guardianship*

Are subject to guardianship, the persons referred to in article 44, paragraphs 4, 5, 6, 7 and 8.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 565.- The end of the curatorship*

The curatorship is established to:

1. [Repealed]

2. The administration of property.

3. Certain matters.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 566.- A prerequisite for the curatorship*

You can't appoint a curator for people with exercise capacity restricted referred to in article 44, sections 4 to 7, without preceding judicial interdiction.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 567.- Temporary guardian

The judge, in any state in the trial, you can deprive provisionally to the exercise of civil rights of the person whose ban has been requested and assign a temporary guardian.

Article 568.- Standards for extra applicable to the curatorship

Apply to the guardianship, the rules relating to the guardianship, with the modifications set forth in this chapter.

Article 568-A. - the power to appoint his or her own healer*

All older adult with full capacity for the exercise of their civil rights may appoint its curator, curators and curators substitutes by public deed with the presence of two (2) witnesses, expected to be declared in court injunction in the future by registering this act on the Personal Registration of the National Superintendant of Public Registries (Sunarp).

The judge in charge of the interdiction process and collect the certificate of registry, in order to verify the existence of the appointment. The designation made by the person's own links to the judge.

Also, the older adult may have on what people should not be borne by such designation. You can also set the scope of the powers that you will enjoy who is appointed as a curator.

* Article incorporated by the Law 29633published on December 17, 2010 (link: lpd.pe/pe5Wx).

Article 569.- [Repealed]*

* Article amended by the Law 29633published on December 17, 2010 (link: lpd.pe/pe5Wx). Then, this article was repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 570.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 571.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 572.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 573.- Appointment of a curator by the board of family

In the absence of the curator legitimate and curator probate or scriptural, curatorship corresponds to the person appointed by the family council.

Article 574.- Waiver of inventory and accountability

If the curator is the spouse, is exempt from the obligations imposed by articles 520, subsection 1, and 540, subsection 1.

Article 575.- Curatorship of the parents

When the wardship corresponds to the parents is governed by the provisions relating to parental rights.

Article 576.- Functions of the curator

The curator protects the incompetent, provides as far as possible, restoring it and, if necessary, to its placement in a proper establishment; and what it represents or assists, according to the degree of disability, in their business.

Article 577.- Destination of the fruits of the property of the incapable

The fruits of the property of the incapable will be used primarily in its support, and seeking his reinstatement. If necessary, we will use also the capital, with judicial authorization.

Article 578.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 579.- Disclaimer of warranties*

The curators legitimate are exempt from the obligation to ensure its management, except as provided in article 426.

* Repealed article tacitly by the Unique Complementary Derogation of the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8), DL repealed expressly the article 569.

Article 580.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 581.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 582.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 583.- Entitled to apply for ban*

You can ask for the ban of the person with the ability to exercise restricted according to the article 44, paragraphs 4 to 7, your spouse, your relatives or the Public Ministry.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 584.- Prodigal

It can be declared a prodigal who having a spouse or heirs are forced squandered assets in excess of its portion available.

Article 585.- Capacity constraint for mismanagement*

Can be restricted in their ability to exercise because of bad management the person who for this cause has lost more than half of their property, having a spouse or compulsory heirs.

It is the careful discretion of the judge to appreciate the bad management.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 586.- Curator for drunkards and drug addicts

You will be provided with a curator who, because of their habitual drunkenness, or the use of substances that may cause addiction or hallucinogenic drugs, expose yourself or expose your family to fall in misery, need permanent assistance or threaten the safety of others.

Article 587.- Entitled to seek wardship for prodigal or bad manager

You can ask for the curatorship of the prodigal or the wrong manager, only their spouse, their compulsory heirs, and, by way of exception, the Public Ministry, of his own motion or at the request of a relative, who, when they are under age or are disabled.

Article 588.- Entitled to request ban for drunkards and drug addicts

Can only request the ban of the drunken usual and the junkie, your spouse, family members who depend on him and, by way of exception, the Public Ministry, either by itself or at the request of a relative, when those are under age or are disabled or when unable to constitute a danger to the safety of others.

Article 589.- Curator dative*

The curatorship of the people with exercise capacity restricted to that referred to in articles 584, 585 and 586 corresponds to the person designated by the judge, listening to the advice of family.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 590.- Protection of the drunken usual, and has

The curator of the drunken usual and the junkie should provide for the protection of the person of the incapable, to their treatment and eventual rehabilitation in accordance with the rules contained in the articles 576, 577 and 578.

Article 591.- Prohibited acts the injunction

The prodigal, the bad manager, the drunk usual, and the work may not litigate or practice acts that are not of mere administration of your estate, without the consent of the special curator. The judge, by establishing the guardianship, you can limit the ability of the injunction as to specific acts of administration.

Article 592.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 593.- Validity and invalidity of the acts of the incapable

The acts of the prodigal and evil manager prior to the interdiction cannot be challenged by this cause.

The drunk usual, and the work may be, if the cause of the disability would have been noticeable.

Article 594.- Action for annulment of acts prohibited by injunction

The people who can promote the statement of interdiction, and the curator can sue for the annulment of acts heritage practiced in contravention of article 591.

Article 595.- Curatorship of the sentence

Executory the criminal judgment that leads to the ban on civil, the prosecutor asked, within twenty-four hours, the appointment of a curator to the punishable. If this is not done, you will be responsible for the damages that have occurred.

You can also request the appointment of the spouse and relatives of the injunction.

Article 596.- Priority limits and functions of curatorship legitimate

The curatorship referred to in article 595 discerns by the order established in article 569 and is limited to the administration of the estates and representation of the sentence.

The curator is also obliged to take care of the person and property of minors or disabled people that they find themselves under the authority of the injunction until they provide a tutor or other tutor.

Article 597.- Guardianship of property of the absent or disappeared

When a person is absent or has disappeared from his home, ignoring his whereabouts as set out in article 47, will be provided to the curatorship interim of your goods, observing the provisions of articles 569 and 573. In the absence of the people who are called by these articles, shall have the wardship of the designated judge.

Article 598.- Guardianship of property of the posthumous child

At the request of any interested person or of the Public Ministry of the goods, which have to correspond to the that is about to be born, will be responsible to a curator if the father dies while the mother destitute of parental rights. This curatorship shall be the responsibility of the person designated by the father to the custody of the child or the guardianship of their property, and in default thereof, to the person appointed by the judge, unless the mother had been declared incapable, in which case the curator will also be from the assets of the conceived.

Article 599.- Curatorship special property*

The court of first instance judge, ex officio or at the request of the Public prosecutor or any person having a legitimate interest, you must provide the administration of the estate, whose care is not the responsibility of anyone, and to institute a guardianship, especially:

1. When the inheritance rights are uncertain.

2. When, for any cause, the association or the committee is unable to continue working, without having provided any solution in the statute concerned.

3. [Repealed]

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8lpd.pe/pxRn8).

Article 600.- Guardianship of the property in usufruct

When the usufructuary does not provide the guarantees to which it is obliged pursuant to article 1007 of the judge, at the request of the owner, shall appoint a curator.

Article 601.- Competent judge and a plurality of curators

The curatorship referred to in articles 597 600, will be established by the judge of the place where you can find all or the greater part of the goods.

There can be several curators, if so required by the management of the property.

Article 602.- Legal representation by curator of goods

The curator of goods can not run other administrative acts in the custody and preservation, and those required for the recovery of claims and payment of debts. However, the acts that are prohibited will be valid if, justified its necessity or utility, authorizes the judge, after hearing the council of family.

Article 603.- Representation by the curator

Corresponds to the curator of real representation. Persons having claims against the estate may claim of the respective curator.

Article 604.- Application of procedural rules to the curatorship

The curator instituted pursuant to articles 599, subsections 1 and 2, and 600 is also subject to what is prescribed in the Code of Civil procedure.

Article 605.- Powers and duties of the curator identified by the judge

Without prejudice to what is established in articles 603 and 604, the judge appoints the healer can point out its powers and duties, regulating them, according to the circumstances, by what is scheduled for the tutors.

Article 606.- Assumptions requires special guardian*

Shall be appointed special guardian when:

1. The interests of the children are in opposition to those of their parents exercising parental authority.

2. The children acquire goods which are not appropriate to their parents.

3. Parents lose the administration of the estate of their children.

4. The interests of the persons subject to guardianship or curatorship are in opposition to those of their tutors or curators, or to those of other children or people with exercise capacity restricted that they are under a guardian or curator common.

5. Minors or people with exercise capacity constrained included in the article 44, paragraphs 1 to 8, which have the property away from his home and could not be conveniently managed by the tutor or curator.

6. You have businesses that require special knowledge who does not have a guardian or curator, or a separate administration of the plays that.

7. That being under guardianship or curatorship to buy goods with the clause not to be managed by his guardian or curator general.

8. The legal representative is prevented from exercising his functions.

9. A person who is able to not be able to intervene in an urgent matter or appoint a proxy.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 607.- Appointment of a curator for father extramarital

The father of wedlock may appoint a curator at will or by writing the public to administer, with the exclusion of the mother or the guardian appointed by it, the assets that you leave to your children. As faculty is a mother out of wedlock.

Article 608.- Functions of the special guardian

The curators especially designated for certain goods is responsible for the administration of these in the time and manner designated by the testator or the donor who appointed them.

Article 609.- Appointment of a special guardian

In the cases of paragraphs 1 and 9 of article 606, the curator shall be appointed by the judge. In other cases it will be by the family council.

Article 610.- Termination of guardianship for rehabilitation*

The guardianship was established pursuant to article 44, paragraphs 4 to 7, ceases judicial declaration that lifts the ban.

The rehabilitation may be requested by the curator or by any interested party.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 611.- Term of the guardianship of the condemned

The curatorship of the convicted person to a penalty which carries appended to the ban on civil ends at the same time that the deprivation of freedom.

The released conditionally continues under curatorship.

Article 612.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 613.- Rehabilitation of the drunken usual, prodigal, junkie and bad manager*

The rehabilitation of the person declared with exercise capacity restricted in the cases referred to in article 44, paragraphs 4 to 7, can only be requested when during more than two years has not resulted in the injunction to any complaint for acts similar to those which determined the guardianship.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 614.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 615.- Termination of guardianship of property

The curatorship of the goods ceases due to the extinction of these or have gone the reasons that determined.

Article 616.- Termination of guardianship of the property of the missing person

The guardianship of the property of the missing person ceases when comes back or when it is declared absent or presumptively dead.

Article 617.- Termination of guardianship of the property of the child conceived

The curatorship of the goods to the fetus ceases his birth or his death.

Article 618.- Order of the guardianship, special

The curatorship special, just when they conclude the issues that are identified.

Chapter three: family Council

Article 619.- Origin of the constitution of Board of Family

There will be a family council to ensure the person and interests of minors and incapable persons of age who do not have a father or a mother.

Also there will be, even if I live by the father or mother in the cases referred to in this Code.

Article 620.- Guardian is not subject to the Family Council

The guardian legitimate of a minor, which has the guardianship on the father or mother of this one, not be subject to the family council, but in the cases in which it would be the parents.

Article 621.- Required to apply for training Council

The testamentary tutor or scriptural, the director called to the guardianship legitimate and ex-officio members of the council are obliged to inform the juvenile judge or justice of the peace, in their respective cases, the fact that you make necessary the formation of the council, being responsible for the compensation of damages if they do not originate.

Article 622.- Formation of the Council of Family court order

The juvenile judge or the peace, in your case, can decree the formation of the council, ex officio or at the request of the Public prosecutor or any person.

Article 623.- Composition of the Board of Family

The council is made up of people appointed by a testament or in a public deed, the last of the parents who took the child under their parental authority or guardianship; and, in his default, by the persons designated by the last of the grandparents had the child or incapable person under guardianship or curatorship.

In the absence of the persons mentioned, form the council of the grandfathers and grandmothers, uncles and aunts, brothers and sisters of the child or incapable.

The children of the most incapable, that are not their curators, are ex officio members of the council to form for him.

Article 624.- Cases in which parents are ex-officio members of the Family Council

When the parents do not have the administration of the estate of their children shall be ex officio members of the council to be satisfied.

Article 625.- Involvement of siblings in the Family Council

When, among the people working to form the council, there would be fewer full-brothers that his half-brothers, only attending these equal number of those, excluding those of a lesser age.

Article 626.- Priority for training of the Family Council

If there is not in the place where must be formed, the council, or within fifty miles, four ex-officio members, the juvenile judge or the peace, as the case may be, will complete that number by calling the other relatives, among which is preferably the one closest to the most remote, and the older age when they are of the same degree.

Also called the nieces and nephews, and cousins, following the same rule of preference, when there is no ex-officio member.

In the absence of the required number of members of the council, it does not constitute, and his powers, the exercise of the judge, hearing the ex-officio members there.

Article 627.- People are not obliged to be part of the Family Council

Cannot be compelled to be a part of the council to the people who do not reside within fifty miles of the place in which works; but they are members if you accept the charge, for which you must give the judge, if you reside within the limits of their jurisdiction.

Article 628.- Family council for child's extra-marital

The council of family to a child out of wedlock integrate the relatives of the father or the mother, only when they would have recognized.

Article 629.- Correction of non-compliance in the formation of the Council of Family

The judge may remedy the failure to comply articles 623 to 628, if not due to wilful misconduct or cause injury to the person or property of the subject to guardianship or curatorship. Otherwise, it is null and void the formation of the council.

Article 630.- Denial of the Family Council for child out of wedlock

There will be No board of family to a child out of wedlock, when the father or the mother is banned in your will or by deed. In this case, the juvenile judge or the peace, as applicable, shall assume the duties of the board, since you are ex-officio members present.

Article 631.- Powers of superior on foundlings and orphans

The higher establishments of foundlings and orphans have about these all the powers of the board.

Article 632.- Handicapped persons to be members of the Family Council

They may not be members of the council:

1. The tutor or curator.

2. Those who are unable to be guardians or curators.

3. Persons to whom the father or mother, grandfather or grandmother had been excluded from this charge in your will or by deed.

4. The children of the person who abuse the parental rights of the place to its formation.

5. The parents, in the event that the council is formed in the life of them, except the provisions of article 624.

Article 633.- Free and inexcusable of office of members of the Family Council

The office of a member of the council is free and inexcusable and must perform personally, unless the judge to authorize, for good cause, the representation by proxy.

The agent cannot represent more than one member of the council.

Article 634.- Formalities for the formation of the Council

The person requesting the formation of the council must specify the names of those who would train you. The judge will order the publication of the application and the names for newspaper or posters.

During the ten days following publication, any interested person may observe the inclusion or exclusion of improper. The judge will resolve within a period of five days in view of the evidence accompanied.

The claim does not prevent the board from commencing or continuing with their duties, unless the judge directs otherwise.

If the petitioner ignores the names of the people who should serve on the board, the notice shall be limited to call on those who are created with the right. The judge shall provide for the publication of the names of those who are presented with the provisions of the second and third paragraphs of this article.

Article 635.- Installation of the Board

Expiry of the period referred to in article 634 is not made observing any, or settled this, the judge will proceed to install formally the council, allowing herself to be recorded in the minutes.

Article 636.- Citation to the members of the Council

Installed the board, its members shall be cited in a letter, each time you need it.

Article 637.- Replacement of the members of the Council

When by reason of death, disability sobreviniente or absence without leave proxy, there are four members skilled to attend the council, will be completed this number keeping the same rules for their formation.

Article 638.- Council in favour of the absent

Also formed a council to exercise its powers in favour of the absent.

Article 639.- Presidency of the Council

The juvenile judge presides over the council, which is a way to supervigilar the guardian or, in their case, the parents. The justice of the peace presides over when to unable older of age.

The judge runs the agreements of the council.

Article 640.- The call of the Council

The judge shall convene the council at the request of the guardian, curator, or of any of its members, and every time that, in his judgment, the interest of the minor or incapable required to do so.

Article 641.- Quorum and majority to adopt agreements

The council may not adopt a resolution without being present in the deliberation and voting by at least three of its members, in addition to the judge, and without the conformity of votes among the majority of the attendees. The judge only votes in case of a tie.

Article 642.- Fine for non-attendance

Whenever any member present at the site be sure to attend the meeting of the council without legitimate cause, the judge shall impose a fine equivalent to not more than twenty per cent of the minimum wage vital monthly. This penalty is final and shall apply in favor of the charitable organisations.

Article 643.- Absence is justified

If it is justified in the cause alleged by any member of the council for not attending a meeting, the judge may defer it for another day when you feel it is convenient and does not affect the interests of the child or incapable person.

Article 644.- Impairment of attendance and voting

No member of the council will attend your meeting or voting shall, in matters in which interest him or his descendants, ascendants, or spouse, but may be heard if the council considers appropriate.

Article 645.- Assistance of a guardian and a curator without the right to vote

The guardian or the curator have the obligation to attend meetings of the council when they are cited. You may also attend provided that the board meet your request. In both cases you will have no vote.

Article 646.- Support the cure

Subject of the guardianship is greater than fourteen years of age may attend the meetings of the council with voice but without vote.

Article 647.- Powers of the Board of Family

It is for the council:

1. Appoint guardians dativos or curators dativos general and special, according to this Code.

2. Whether or not to accept the excuse or waiver of the tutors and curators dativos that name.

3. Declare the inability of the tutors and curators dativos that name, and remove them to their trial.

4. Cause the judicial removal of the guardians and curators legitimate, the executors or unsecured and appointed by the judge.

5. Decide, in view of the inventory, the part of income or products you will need to invest in maintenance to the child or is unable, in his case, and in the management of their assets, if the parents have not been fixed.

6. Accept the donation, inheritance or bequest, subject to charges, left the child or, in your case, the incompetent.

7. Authorize the guardian or curator to contract under its responsibility, one or more special administrators, when it is absolutely necessary and approved by the court.

8. Determine the sum from which it begins to the guardian or curator, as the case may be, the obligation to place the surplus of the rents, or products, of the child or incapable person.

9. Indicate the property that must be sold in a case of necessity or for the sake of utility manifested.

10. Exercise other powers granted by this Code and the Civil Proceedings.

Article 648.- Appeal of decisions of the Council, presided over by justice of the Peace

The resolutions of the council, presided over by the justice of the peace may be appealed to the court of first instance:

1. Any of its members that have differed as of the majority to vote on the agreement.

2. The guardian or the curator.

3. Any relative of the child.

4. Any other stakeholder in the decision.

The deadline for appeal is five days, except as provided in article 650.

Article 649.- Appeal of decisions of the Council, presided over by judge Under

The resolutions of the council, presided over by the juvenile judge may appeal to the Room of the Civil Superior Court, within the same period and with the same exception, the persons indicated in article 648.

Article 650.- Challenge resolutions of the Council

The resolutions that the board of family, declaring the inability of the guardians or curators, remember its removal, or dismiss their excuses, they can be challenged, before the judge or the Hall of the Civil Court Superior, in their case, in a period of fifteen days.

Article 651.- Joint and several liability of the members of the Council

The members of the council are jointly and severally liable for the damages which, by the wilful misconduct or negligence, suffered the subject to guardianship or curatorship, not to be that which would have differed as to the agreement that caused it.

Article 652.- Minutes of the sessions of the Council

Of the sessions of the council shall extend act in the book of family councils of the court and a special book that will preserve the next-of-kin. Both books will be signed by all the members present. If one of them can't or don't want to sign the act, would reflect this fact.

Article 653.- The punishment of justice of the Peace for breach of duty

For lack, estoppel or omission of justices of the peace in all matters relating to the powers pertaining to the family council, any of the relatives of the child, the more incapable or missing, you can ask the judge of first instance to the same carry out these functions, or to appoint the justices of the peace have to do this.

The judge, without any other formality that the report of the justice of the peace, will remove immediately any inconvenience and will be charged to this, depending on the circumstances, a fine equivalent to not more than thirty percent of the minimum wage vital monthly.

The removal of the inconvenience and imposition of fine correspond to the Hall of the Civil Court Superior when it comes to the juvenile judge.

In both cases, the penalty does not relieve you of functional responsibility to the judge negligent.

Article 654.- Special powers of the Judge and Courtroom Civil

It is also the court of first instance, or, in his case, to the Hall of the Civil Court Superior, to dictate in a situation of emergency, the provisions in favour of the person or interests of the minor, major, incapable, or absent, when there is delay in the formation of the council or obstacles that prevent your meeting or hinder their deliberations.

Article 655.- Competent judges

In the capitals of provinces where there has been justice of the peace lawyer, the judges of first instance shall exercise the powers guardianship to which this Code relates.

Article 656.- Appeal

Of the resolutions of the judges of the peace may appeal to the court of first instance and those of the minor judges in the Hall of the Civil Court Superior.

Article 657.- End of the post of member of the Family Council

The office of a member of the council ends by death, bankruptcy or removal.

The post also ends by waiver founded for having come upon legal impediment to its performance.

The causes that lead to the removal of the guardians are applicable to the members of the family council.

Article 658.- Cessation of the Family Council

The family council ceases in the same cases in which just the guardianship or curatorship.

Article 659.- Judicial dissolution of the Family Council

The judge must dissolve the council when there is not the number of members necessary for its operation.

Chapter four: Supports and safeguards*

* Chapter incorporated by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 659-A. - Access to supports and safeguards

The person is of age and can be accessed freely and voluntarily to the supports and safeguards that you consider relevant to contribute to their exercise capacity.

Article 659-B. - Definition support

The supports are forms of assistance, freely chosen by a person of age in order to facilitate the exercise of their rights, including the support in the communication, in the understanding of the legal acts and the consequences of these, and the manifestation and interpretation of the will of the one who requires support.

The support does not have powers of representation, except in cases where this is expressly stated by the decision of the person in need of support, or the judge in the case of the article 659-E.

When the support required to interpret the will of the person who attends the criterion of the best interpretation of the will, considering the trajectory of life of the individual, previous demonstrations of will in similar contexts, the information they already have the people you trust the person served, the consideration of their preferences and any other consideration relevant to the particular case.

Article 659-C. - Determination of the supports

The person requesting the support determines its shape, identity, scope, duration, and amount of support. The supports may vest in one or more natural persons, institutions or public legal persons, non-profit, both specialized in the matter and duly recorded.

Article 659-D - Designation of the supports

The person of age who require support to exercise their legal capacity may assign it to a notary or a competent judge.

Article 659-E. - exceptions to the designation of the supports by judge

The judge may determine, by way of exception, the necessary supports for people with disabilities who are not able to express their will and for those with exercise capacity restricted, in accordance with point 9 of article 44. This measure is justified, after efforts have been made real, substantial, and relevant to getting a manifestation of the will of the person, and of being given the measures of accessibility and reasonable accommodation, and where the designation of support is required for the exercise and protection of their rights.

The judge determines the person or persons support taking into account the relation of coexistence, trust, friendship, care or kinship that exists between him or them and the person who requires support. Also, fixed the period, scope and responsibilities of the support. In all cases, the judge must take the appropriate steps to obtain the best possible interpretation of will and preferences of the person, and attend to your life path. May not be designated as support persons convicted of domestic violence or persons convicted for sexual violence.

The judicial process of determining supports exceptionally is initiated by any person with legal capacity.

Article 659-F. - Designation of support in the future

Any person over the age of 18 years of age may designate, before a notary or the necessary support in anticipation of require in the future support for the exercise of their legal capacity. Also, the person may have on what people or institutions should not be borne by such designation, as well as the form, scope, duration, and guidelines of the support to receive. In the document must indicate the time or the circumstances in which his appointment, the support for future works effectively.

Article 659-G. - Safeguards for the proper performance of the supports

Safeguards are measures to ensure respect for the rights, will and preferences of the person receiving support, to prevent abuse and undue influence on the part of who provides such supports; as well as to avoid the involvement or put at risk the rights of the persons served.

The person who requested the support or the judge involved in the case of the article 659-E established in the safeguards they deem appropriate to the particular case, indicating as a minimum the time limits for the review of the supports.

The judge made of all hearings and proceedings necessary to determine if the support person is acting in accordance with its mandate and the will and preferences of the person.

Article 659-H. - Disclaimer of warranty management

The person or persons who make the support are exempt from the obligation to ensure its management, except as provided in article 426.

BOOK IV: LAW OF SUCCESSION

First section: the Succession in general

Title I: Transmission of succession

Article 660.- Transmission succession of right

From the moment of the death of a person, the property, rights and obligations that constitute the heritage is passed down to their successors.

Article 661.- Responsibility intra vires hereditatis

The heir is liable for the debts and charges of the inheritance only until they reach the property. It is incumbent upon the heir to the test of the excess, unless there is a legal inventory.

Article 662.- Responsibility ultra vires hereditatis

You lose the benefit given in the article 661 the heir:

1. Hidden non-hereditary property.

2. Simulates debts or features of the property left by the deceased, in prejudice to the rights of the creditors of the succession.

Article 663.- Competent judge in the matter of succession

Corresponds to the judge of the place where the deceased had his last domicile in the country, to know of the non-contentious proceedings and judgments concerning the succession.

Title II: Inheritance demand

Article 664.- Request action of inheritance*

The right of inheritance demand corresponds to the heir who does not own the goods that it considers to belong to him, and is directed against whom it owns in whole or in part to title to the succession, to exclude or to go with him.

The claim referred to in the previous paragraph, you can accumulate the declared heir to the movant if, having pronounced judicial declaration of heirs, it considers that it has preterido their rights.

The claims referred to in this Article shall not be subject to and will be processed as a process of knowledge.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 665.- Action for recognition of hereditary property

The action for recognition to proceed against the third party who, without good faith, acquires the estate, the effect of contracts for pecuniary interest concluded by the heir apparent that he entered into possession of them.

If the goods are registered, the good faith of the transferee is presumed if, before the conclusion of the contract had been duly registered, in the respective record, the title that supported the heir apparent and the transmission of domain on their behalf, and would not have scored demand nor a precautionary measure which affects the rights enrolled. In other cases, the heir to true has the right to claim the well-hereditary against the one who has a free title or no title.

Article 666.- Remuneration and compensation for the sale of heritable property

The possessor in good faith who had disposed of a well-hereditary is obliged to return the price to the heir and if you are charged, we will pass to this latter the right to redeem it. In all cases, the possessor in bad faith is required to compensate the heir to the value of the property and its fruits, and to compensating for the prejudice caused.

Title III: Indignity

Article 667.- Exclusion from the succession due to unworthiness*

Are excluded from the succession of a certain person, by indignity, as heirs or legatees:

1. The authors and accomplices of culpable homicide, or of their attempt, committed against the life of the deceased, his ascendants, descendants or spouse. This causal of unworthiness does not go away by pardon or by the prescription of the penalty.

2. Those who had been sentenced for intentional crime committed in tort of the deceased or any of the persons referred to in the preceding paragraph.

3. Those who had alleged falsely called the one responsible for the crime to which the law punishes with imprisonment.

4. Those who had employed fraud or violence to prevent the causes that give testament or to force it to do so, or to revoke full or partially granted.

5. The destroy, conceal, falsify or tamper with the will of the person whose succession is in question and those who, knowingly, to make use of a testament to be forged.

6. Those who had been punished with a final judgment in a process of family violence in tort) of the deceased.

7. It is unworthy of succeeding to the child, the parent who had not voluntarily recognised during the minority of age or who has not provided food and assistance according to their economic possibilities, even when you have reached the age of majority, if you were unable to obtain their own economic resources. Also it is unworthy to succeed to the deceased relative whose vocation is hereditary, or the spouse who has not provided the assistance and food when by law he was required to do so and had been raised as such in the court.

* Article amended by the following devices:
1. Law 30364published on November 23, 2015 (link: lpd.pe/pZLW1).
2. Law 30490published July 21, 2016 (link: lpd.pe/kM4rG).

Article 668.- Exclusion of the disgraced by sentence

The exclusion indignity of the heir or legatee must be declared by a judgment, at trial that can promote against the unworthy called to happen in the absence or in competition with him. The action prescribes a year of having entered the unworthy in the possession of the inheritance or legacy.

Article 669.- Desheredación by indignity and forgiveness of the unworthy

The cause can desheredar by indignity to his forced heir in accordance with the standards of the desheredación and can also forgive the unworthy in accordance with such rules.

Article 670.- Personal unworthiness

The indignity is personal. The inheritance rights that loses the heir unworthy passed on to their offspring, who inherit by representation. The unworthy have no right to the usufruct or administration of the assets that, because of this they receive their descendants minors.

Article 671.- Effects of the declaration of unworthiness

Declared the exclusion of the unworthy, it is obliged to return to the mass of the hereditary property, and to reintegrate the fruits. If he had disposed of the estate, the validity of the rights of the purchaser shall be governed by article 665 of, and redress to which it is bound by the second part of the article 666.

Title IV: Acceptance and renunciation of the inheritance

Article 672.- Ways to accept the inheritance

The acceptance can be made in a public instrument or a private. There is tacit acceptance if the heir comes into possession of the inheritance, or practice other acts that demonstrate an indubitable manner willingness to accept.

Article 673.- Presumption of acceptance of inheritance

The inheritance is presumed to be accepted when it has passed the period of three months, if the inheritor is in the territory of the Republic, or six, if you are located abroad, and had not renounced it. These deadlines do not interrupt for any reason.

Article 674.- Renunciation of inheritance and legacy

May waive inheritances and legacies of those who have the free disposal of their property.

Article 675.- The formality of the waiver

The waiver must be made in a public deed or certificate granted before the judge that corresponds to settle the succession, under penalty of nullity. The minutes shall be mandatory protocol.

Article 676.- Challenge of the waiver by the creditor*

If the disclaimer cause prejudice to the creditors of the applicant, they can contest it within three months of having knowledge of it, to be declared of no effect in the part that hurts their rights. The resolution, which declares that founded the claim shall, according to the nature of the property, its administration, a judicial or their sale at public auction, to the payment of the debts of the applicant. The remainder, if any, is transmitted to the heirs of those who favor the waiver.

The demand challenge is dealt with as a process summary.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 677.- Character of the acceptance and waiver

Acceptance and renunciation of the inheritance can not be partial, conditional, or term. Both are irrevocable and its effects date back to the time of the opening of the succession.

Article 678.- Future inheritance

There is No acceptance or renunciation of inheritance in the future.

Article 679.- Trasmisibilidad the right to accept or renounce the inheritance

The right to accept or renounce the inheritance, is transmitted to the heirs. In such case, the term of article 673 runs from the date of the death of the first-called.

Article 680.- Acts that do not matter to acceptance or prevent waiver

The acts of the interim administration and conservation of the assets of the inheritance practiced by the heir, as long as there is the expiration of the term of article 673, no matter acceptance or prevent the waiver.

Title V: Representation

Article 681.- Heirs by representation

For the representation of succession the descendants have a right to enter in the place and in the degree of your ascendant, to receive the inheritance that it would be if I were alive, or who had been waived or lost by unworthiness or desheredación.

Article 682.- Representation in a straight line

In a straight line down the rendering is unlimited in favor of the descendants of the children, without distinction of any kind.

Article 683.- Representation in the collateral line

In the collateral line there are only a representation of that when you inherit a brother, concur with the survivors, the children of the brothers premuertos that have the right to represent you in cases provided for in article 681.

Article 684.- Effects of the representation of succession

Those who attend the inheritance by representation of succession, will receive for stocks, what would have been the heir to whom they represent.

Article 685.- Representation in legal succession and probate

In legal succession, the representation is applied in the cases referred to in articles 681 to 684. In the probate estate, governed with equal amplitude on the straight line downward, and the collateral is applied to the article 683, except different layout of the testator.

Second section: probate

Title I: general Provisions

Article 686.- Succession by testament

By will a person can dispose of their property, in whole or in part, for after his death, and ordering his own succession within the limits of the law and with the formalities which it points.

Are valid, the provisions of character not wealth contained in the last will and testament, even though the act be limited to them.

Article 687.- Unable to give testament*

May not grant testament:

1. Minors, except in the case provided for in article 46.

2. Covered by article 44 numerals 6, 7 and 9.

3. [Repealed]

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 688.- Nullity of testamentary disposition

Are invalid, the testamentary provisions in favor of the notary before whom it is granted by the testament of his or her spouse or relatives within the fourth degree of consanguinity and second of affinity, as well as in favor of the witnesses to the estate.

Article 689.- Application of rules on the modalities of legal act

The general rules on the modalities of the legal acts, apply to testamentary dispositions; and have therefore the terms and conditions and the charges contrary to the mandatory rules of the law.

Article 690.- Personal and voluntary act probate

Testamentary dispositions should be a direct expression of the will of the testator, who can not give power to another to test, or let their provisions at the discretion of a third party.

Title II: Formalities of wills

Chapter one: common Provisions

Article 691.- Types of testament

Wills ordinary are: the awarded in a public deed, the closed and the holographic. Wills, special, permitted only under the circumstances provided for in this title, are the military and the sea.

Article 692.- Formality of the Testament of illiterate

The illiterate can test only in deed, with the additional formalities referred to in article 697.

Article 693.- [Repealed]*

* Article repealed by the Law 29973published December 24, 2012 (link: lpd.pe/26vbb).

Article 694.- [Repealed]*

* Article repealed by the Law 29973published December 24, 2012 (link: lpd.pe/26vbb).

Article 695.- Formalities testamentary

The formalities of all testaments are the written form, the date of grant, the name of the testator and his firm, except as provided in article 697. Specific formalities of every kind of testament may not be applied to the other.

Second chapter: Testament in a public deed

Article 696.- Formalities of a will by a public deed*

The essential formalities of the will is granted under public deed are:

1. They are gathered in a single spot, from the beginning to the end, the testator, the notary and two witnesses days. The notary is obliged to verify the identity of the testator and the witnesses through the document of identity and the means of biometric identification established by Reniec. Any of the witnesses can act as a witness to beg of the testator or witness of identity.

2. That the testator expresses his will or, in the case of a person with disabilities, with the awarding of reasonable adjustments or support for the manifestation of the will, if required. If required, dictating his will to the notary or giving personally written the provisions that must contain.

3. The notary to write the last will and testament in your own handwriting or by means of computer technology or others of a similar nature, in his record of deeds, being able to insert, if applicable, the written provisions that are delivered by the testator.

4. Each one of the pages of the will signed by the testator, the witnesses and the notary.

5. The testament to be read clearly and distinctly by the notary, the testator or witness testamentary choose from.

6. That, during the reading, at the end of each clause, check if the content corresponds to the expression of his will. If the testator was a person with a disability, he may express his assent or observations through reasonable adjustments or support in case so requires.

7. The notary record of the indications that, after reading, you can do the testator, and save any error incurred.

8. That the testator, the witnesses and the notary public to sign the will in the same act.

9. That, in cases in which the support of the person with disability is a beneficiary, requires the consent of the judge.

* Article amended by the following devices:
1. First Additional Provision Amending the Law 29973published December 24, 2012, which amended subsection 6 (link: lpd.pe/26vbb).
2. DL 1384published on 4 September 2018, which amended the numerals 2 and 6, and joined the numeral 9 (link: lpd.pe/pxRn8).
3. Law 31338published on August 11, 2021, which amended the numerals 1 and 3 (link: lpd.pe/kOWD1).

Article 697.- Witness probate to pray*

If the testator is illiterate, you must read the testament twice, once by the notary public and the other is by the witness of wills that the testator may designate. If the testator does not know or is unable to sign, it will do so through the use of the fingerprint, all of which will be mentioned in the testament. In case you do not have fingerprint, the notary must make use of any other means of verification to prove the identity of the testator.

* Article amended by the following devices:
1. Law 29973published December 24, 2012 (link: lpd.pe/26vbb).
2. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 698.- Suspension of the faction testament

If it suspends the faction of the testament, by any cause, this is stated, by signing the testator, if it can, the witnesses and the notary. To continue the testament shall be gathered again the testator, the same notary and the witnesses, if they can be gotten gains, or other in different case.

Chapter three: Testament closed

Article 699.- Formality of the will Closed*

The essential formalities of the will closed are:

1. The document that has been extended to be signed on every page by the testator, it being sufficient that you do this at the end if you were in manuscript by him, and that he be placed in an envelope duly sealed or in a covered closed, so that it cannot be extracted testament without breakage or alteration of the cover.

In the case of a last will and testament given by a person with a disability because of visual impairment, may be awarded in braille, or using some other means, or alternative form of communication, and must have each folio with the print of his fingerprint and signature, placed in conditions which details the first paragraph.

2. That the testator, deliver the notary public on the said document closed, before two witnesses days, claiming that contains his last will and testament. If the testator is dumb or is unable to speak, this rally will be written in the cover.

3. The notary extends into the cover of the will a certificate evidencing the granting by the testator and his reception by the notary, which will be signed by the testator, the witnesses and the notary, who recorded in his log, by signing it the same people.

4. The fulfillment of the formalities specified in subsections 2 and 3 is made to be assembled in a single act of the testator, the witnesses and the notary, who will give the testator certified copy of the certificate.

* Article amended by the Law 29973published December 24, 2012 (link: lpd.pe/26vbb).

Article 700.- Revocation of the will closed

The testament closed will remain in the hands of the notary. The testator may ask, at any time, the restoration of this testament, which will cause the notary before two witnesses, extending its registry a certificate stating the delivery, which will be signed by the testator, the witnesses and the notary. This restitution the revocation of the will is closed, although the internal document can be considered as a holographic will if it meets the requirements outlined in the first part of the article 707.

Article 701.- Custody and court filing testament closed

The notary whose custody is the testament closed, and kept by him with the assurances necessary until after the death of the testator, the trial judge, at the request of any interested party that certifies the death of the testator, and the existence of the will, order the notary public presentation of the latter. The resolution of the competent court will be with citation of the alleged heirs or legatees.

Article 702.- Opening testament closed

Presented the testament closed, the judge, with citation of the persons indicated in article 701, proceed in accordance with the Civil Procedures Code.

Article 703.- Modification will be closed for holographic

If the judge finds that the cover is deteriorated, so that it has been possible to change the sheet that contains the last will and testament, shall provide that it is worth as holographic, if you meet the requirements as outlined in the first part of the article 707.

Chapter four: Impairments of the notary and the witnesses estate

Article 704.- Impairments of the notary

The notary who is a relative of the testator within the fourth degree of consanguinity or second of affinity is not allowed to intervene in the awarding of the testament, by writing the public or to authorize the closed.

Article 705.- Handicapped persons to be witnesses probate*

They are unable to be witnesses to the estate:

1. Those who are incapable of making a will.

2. [Repealed]

3. The illiterate.

4. The heirs and the legatees in the will in which they are established and their spouses, ascendants, descendants, brothers and sisters.

5. Those who have, with the testator, the bonds of family relationship indicated in the preceding paragraph.

6. The creditors of the testator, when you can't justify your credit, but with the statement in the will.

7. The spouse and relatives of the notary public, within the fourth degree of consanguinity or second of affinity, and dependents of the notary or other notaries.

8. Spouses in the same testament.

* Article amended by the Law 29973published December 24, 2012 (link: lpd.pe/26vbb).

Article 706.- Validity of the testament awarded with witness prevented

The witness probate whose impairment is not to be known at the time of its intervention, you will have as a business if the common opinion so would have considered.

Chapter five: holographic will

Article 707.- Holographic will. Formalities*

Are essential formalities of a holographic will that is entirely written, dated and signed by the testator. If you give a person with a disability because of visual impairment, should be met with what is stated in the second paragraph of section 1 of article 699.

To produce effects must be notarized, pre-check of the judiciary, within a maximum period of one year from the death of the testator.

* Article amended by the Law 29973published December 24, 2012 (link: lpd.pe/26vbb).

Article 708.- Presentation of holographic will Judge

The person that keep in their possession a holographic will, it is obliged to submit it to the competent court within thirty days of having knowledge of the death of the testator, under the responsibility for the damage you cause with your procrastination, and notwithstanding the provisions in the final part of the article 707.

Article 709.- Opening judicial holographic will*

Presented the holographic will with the certified copy of the death certificate of the testator or judicial declaration of presumed death, the judge, with citation to the alleged heirs, shall open if closed, it will put your firm as a whole and the seal of the court in each one of your pages and you have what is necessary for the verification of the authenticity of the letter and signature of the testator, by comparison, in accordance with the provisions of the Code of Civil Procedure, as applicable.

Just in case of missing elements for the collation, the judge may order that the checking is done by three witnesses who know the handwriting and signature of the testator.

In case of a last will and testament given in braille, or other means, or alternative form of communication, the check will be done on the signature and fingerprint of the testator.

* Article amended by the Law 29973published December 24, 2012 (link: lpd.pe/26vbb).

Article 710.- Official translation of testament*

If the testament is written in a language other than Spanish, the judge shall appoint an official translator. In addition, if the testator was abroad, the translation will be made with the summons of the consul of the country of his nationality, if any. Also, the judge may appoint a translator if the will had been granted in the braille system, or other means, or alternative form of communication. The version will be added to the original text, signed by the translator with your signature notarized by the clerk of the court. The judge will authenticate this document with your signature as a whole and with the seal of the court.

This provision is applicable also in the verification of the testament closed.

* Article amended by the Law 29973published December 24, 2012 (link: lpd.pe/26vbb).

Article 711.- The probate record

Verified the authenticity of the testament and the fulfillment of its requirements, the judge will send to standardise the record.

Chapter six: Testament military

Article 712.- Testament military

May give testament military members of the Armed Forces and the Police Forces, in time of war they are inside or outside the country, quartered or participating in military operations; the people who serve or continue to these forces; and the prisoners of war who are in the power of the same.

The prisoners who are in the power of the enemy have the same right, in conformity with International Conventions.

Article 713.- Persons before whom you can give testament military

The last will and testament in the military can be granted to an officer or to the head of the detachment, position, or command to which belongs the testator, although this head does not have the officer class, or to the physician or the chaplain to assist, if the testator is injured or sick, and in the presence of two witnesses.

Are formalities of this last will and testament in writing and is signed by the testator, by the person before whom it is granted and by witnesses.

Article 714.- Proceedings of the testament military

The testament of military shall, as soon as possible, and through regular, the respective Headquarters, where record of the military class or control of the person before whom it has been granted. Then you will be forwarded to the Ministry to which it corresponds, that he will send him to the judge of first instance of the capital of the province where the testator had his last domicile.

If in the garments of some of the persons referred to in article 712, and he would be dead, will be found a holographic will, you will be given the same process.

Article 715.- Expiration testament military

The testament of military expires three months since the testator is no longer in the field and to come to a place in the national territory where it is possible making a will in ordinary ways.

The expiry period is computed from the date of the official document that authorizes the return of the testator, without prejudice to the term of the distance.

If the testator dies before the time appointed for the expiration, his alleged heirs or legatees will be asked before the judge in whose power is your will, your checking judicial and probate attorney, pursuant to the provisions of the articles 707, second paragraph, to 711.

If the will granted in the circumstances referred to in article 712 had the requirements of the holographic will expires at the year of the death of the testator.

Chapter seven: Testament maritime

Article 716.- People that can give testament maritime

May give testament, during the navigation underwater, managers, officers, crew and any other person who is embarking in a ship of war in peru.

The same rights they have during the navigation, the officers, crew, passengers and any other person who is on board a merchant ship of the peruvian flag, cruise or coasting, or who is dedicated to operations of industrial or scientific purposes.

Article 717.- Formalities of the testament maritime

The testament maritime will be awarded to those who have the charge of the ship or before the officer in whom he delegated the function and in the presence of two witnesses. The testament of the commander of a ship of war, or of the captain of the merchant ship will be given to those who will follow in the command.

Are formalities of this last will and testament in writing and is signed by the testator, by the person before whom it is granted and by witnesses. Extend, in addition, a duplicate with the same signatures as the original.

The testament will be noted in the daily log, which shall be recorded in both specimens with the approval of the one who exercises the control of the ship, and will be kept with the papers.

Article 718.- Protection testament maritime

If before returning to Peru the ship up to a foreign port where there was consular agent, the commander or captain of the ship will be delivered, on a charge, one of the copies of the will. The referral agent will forward it to the Ministry of the Navy, if the will has been granted in a ship of war, or to the General Directorate of Captaincies, if it was given on a merchant ship, for the purposes referred to in article 719.

Article 719.- Proceedings of the testament maritime

The return of the ship to Peru, the two specimens or the specimen remaining in the case of article 718, will be handed over to the Ministry of Navy, if the vessel is of war; or to the Captaincy of the Port of destination for referral to the General Directorate of Captaincies, if the ship is a merchant ship. In either case, the appropriate authority shall send a copy to the judge of first instance of the province where the testator had his last domicile, and closes the other. If the testator is a foreigner and was not domiciled in Peru, a copy will be forwarded to the Ministry of Foreign Affairs.

In case of death of the testator during the trip, will be added to each copy, a certified copy of the certificate attesting to the death. In the same case, if you are among the garments of the deceased a holographic will, it shall be kept with the papers of the ship, assets were incorporated certified copy of the certificate attesting to the death, and you will be given the same course as indicated in the previous paragraph.

Article 720.- Expiration testament maritime

The testament maritime expires three months after disembarking definitely the testator. If he dies before the expiration of this term, his alleged heirs or devisees, will ask the judge whose power is found, your checking judicial and probate attorney, pursuant to the provisions of the articles 707, second paragraph, to 711.

If the testament given to the circumstances referred to in article 716 had the requirements of the holographic will expires at the year of the death of the testator.

Chapter eight: Wills made abroad

Article 721.- Formality of the will granted abroad

The peruvians who reside or are abroad can give testament to the consular agent of Peru, by public deed or closed, according to the provisions of articles 696 703, respectively. In these cases, the one will fulfill the function of a notary public.

You can also grant holographic will to be valid in Peru, although the law of the respective country will not admit of this kind of testament.

Article 722.- Validity of a will executed in the foreign

Are valid in Peru in terms of its form, the wills made in another country for peruvians and foreigners, officials authorized to do so and in accordance with the formalities laid down by the law of the respective country, except wills, joint and verbal modalities and testamentary incompatible with peruvian law.

Title III: The legitimate and the portion available

Article 723.- Notion of legitimate

The legitimate is part of the legacy of which can not freely dispose of the testator when he has compulsory heirs.

Article 724.- Compulsory heirs*

Are compulsory heirs the children and other descendants, the parents and other ascendants, the spouse or, in your case, the member is a survivor of the union of fact.

* Article amended by the Law 30007published on April 17, 2013 (link: lpd.pe/kyvd7).

Article 725.- Third of freely available

The who has children or other descendants, or spouse, you may freely dispose of up to a third of their goods.

Article 726.- Free disposal of half of the property

The who has only parents or other ascendants, you may freely dispose of up to half of their goods.

Article 727.- Free disposal of the whole of the goods

One who has no spouse or relatives of the persons indicated in articles 725 and 726, have the free disposal of all of its goods.

Article 728.- Lien on the portion available

If the testator is required to pay child support in accordance with article 415, the portion available will be taxed to where it was needed to fulfill it.

Article 729.- Legitimate heir forced

The legitimacy of each of the compulsory heirs is a fee equal to that which pertains to them in the intestate succession, whose provisions apply, in addition, your attendance, participation in, or exclusion.

Article 730.- Legitimate spouse

The legitimate spouse is independent of the right that corresponds to him by the concept of community property derived from the liquidation of the society of goods of the marriage.

Article 731.- Right room lifetime of the surviving spouse

When the surviving spouse combines with other heirs and their rights by the concept of self and marital not reaching the required value to be awarded the home-a room in which there was the marital home, the spouse may choose the right room for life and free on the aforementioned house. This right rests on the difference between the value of the good and of their rights by the concept of self and property.

The difference in value will affect the quota of free disposal of the deceased and, if necessary, the reserve of the other heirs in proportion to the rights of inheritance of these.

In your case, the other assets are divided among the other heirs, to the exclusion of the surviving spouse.

Article 732.- The right of usufruct of the surviving spouse

If in the case of the article 731 the surviving spouse is not in a financial situation that will allow him to sustain the expenses of the home-bedroom, it may, with judicial authorization, to give it in lease to perceive for themselves the income and exercise on the difference between the value of the good and of their rights by the concept of self and marital other rights of the usufructuary. If it extinguishes the lease, the surviving spouse will be able to buy back his will to the right of the room referred to in article 731.

While you are affected by the rights of room or usufruct, and in his case, the house-room will have the legal status of family heritage.

If the surviving spouse contracts a new marriage, living in concubinage or dies, the rights granted in this article and in the article 731 become extinct, being expedite the partition of the well. Also extinguish such rights when the surviving spouse waiver of them.

Article 733.- Inviolability of the legitimate

The testator cannot deprive the legitimate their compulsory heirs, but in the cases expressly determined by law, nor impose on that assessment, modality, or replacement of any kind. Nor can deprive your spouse of the rights granted to the articles 731 and 732, except in the aforementioned cases.

Title IV: Institution and substitution of heirs and legatees

Article 734.- Institution of heir or legatee

The institution of heir or legatee must be placed in person certain, designated in an indubitable manner by the testator, except as provided in article 763, and to be made only in testament.

Article 735.- Succession to the title of universal and particular

The institution of heir is universal title and comprises the whole of the property, rights and obligations that constitute the estate or a share of them. The institution of legatee is as an individual and is limited to a particular property, except as provided in article 756. The error of the testator, in the denomination of one or the other does not change the nature of the provision.

Article 736.- The form of institution of forced heir

The institution of forced heir is done in a way that is simple and absolute. The arrangements imposed by the testator will not put.

Article 737.- Institution of heir volunteer

The testator that you do not have compulsory heirs, may establish one or more heirs volunteers and point to the part of the inheritance that assigns to each one. If you are not determined, it will be in equal parts.

Article 738.- Flow rate available to legatees

The testator can be instituted legatees, with the part available if you have compulsory heirs, and not having them, even with all of its goods and noting that assigns to each one of the legatees.

The testator may impose both to the heirs volunteers as to the legatees, conditions, and charges are not contrary to law, good customs and the free exercise of the fundamental rights of the person.

Article 739.- Remnant that corresponds to legal heirs

If the testator lacks compulsory heirs has not instituted heirs volunteers and have legacies of only part of its assets, the remnant that shall correspond to their legal heirs.

Article 740.- Equality of conditions and charges between substitutes and permitted assigns

The testator may designate a substitute to the heirs and volunteers, and the legatees to the case in which the instituted die before the testator, or renounces the inheritance or legacy, or you lose by unworthiness.

Article 741.- Equality of conditions and charges between substitutes and instituted

The heirs volunteers and legatees substitutes are subject to the same conditions and charges instituted, unless the testator provides otherwise, or that the conditions and charges are by their nature inherent to the person instituted.

Title V: Desheredación

Article 742.- Notion of desheredación

By the desheredación the testator cannot deprive the legitimate to the forced heir that would have incurred in any of the grounds provided in the law.

Article 743.- Express obligation causal desheredación

The causal desheredación must be clearly expressed in the last will and testament. The desheredación ready without cause, or for reasons not specified in the law, or subject to a condition, is not valid. Founded in cause false is voidable.

Article 744.- Causal desheredación of descendants

Are causal of desheredación of the descendants:

1. Have mistreated work or reviled serious and repeatedly told the ascendant or your spouse, if this is also an ancestor of the offender.

2. He refused without good reason the food or have abandoned the ascending and found it severely sick or not being able to fend for himself.

3. Having deprived of his liberty without justification.

4. Bring the descendant of a life dishonorable or immoral.

Article 745.- Causal desheredación ascendant

Are causal of desheredación of the ascendants:

1. Have unjustifiably refused the food to their descendants.

2. Have incurred the ascendant in any of the causes for losing custody or have been deprived of it.

Article 746.- Causal desheredación spouse

Are causal of desheredación of the spouse referred to in article 333, paragraph 1 to 6.

Article 747.- Desheredación by indignity

The testator can substantiate the desheredación in the causal specific, enumerated in sections 744 746, and the indignity referred to in article 667.

Article 748.- People who are exempt from desheredación

May not be dispossessed unable to minors, nor the greatest by any reason are deprived of discernment. These people cannot be excluded from the inheritance by unworthiness.

Article 749.- Effects of desheredación

The effects of the desheredación refer to the legitimate and do not extend to the donations and bequests granted to the heir, where the deceased can be revoked, or the maintenance due by law, nor to any other rights that correspond to the heir on the occasion of the death of the testator.

Article 750.- Right to contradict the desheredación

The right to contradict the desheredación corresponds to the disinherited, or their successors and extinguished the two years since the death of the testator, or the disinherited has knowledge of the contents of the will.

Article 751.- Action of the deceased to justify desheredación*

The deshereda may bring suit against the disinherited to justify their decision. The claim is dealt with as a shortened process. The judgment that you pronounce prevents contradict the desheredación.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 752.- Test desheredación in charge of heirs

In case you have not been promoted judgment by the testator to justify the desheredación, corresponds to their heirs prove the cause, if the disinherited, or their successors contradict it.

Article 753.- Revocation of the desheredación

The desheredación is revoked by instituting an heir to the disinherited or statement expressed in the will or in a public deed. In such a case, no effect of the previous trial followed to justify the desheredación.

Article 754.- Renewal of desheredación

Revoked the desheredación may not be renewed, but by subsequent events.

Article 755.- Heirs on behalf of the disinherited

The descendants of the disinherited inherit by representation the legitimate that would correspond to this if it has not been excluded. The homeless man has no right to the usufruct or administration of the property for this cause to acquire their descendants who are under age or incapable.

Title VI: Legacies

Article 756.- Faculty to arrange for legacy

The testator may dispose of it as an act of liberality and title of legacy, of one or more of its property, or a part of them, inside of his right of free disposal.

Article 757.- Invalidity of the legacy

It is not valid to the legacy of a determined, if it is not found in the domain of the testator at the time of his death.

Article 758.- Legacy of well-undetermined

It is valid the legacy of a good piece of furniture indeterminate, although not to have it in inheritance. The election, except that diverse of the testator, it is for the manager to pay the legacy, who will comply with a well that is not inferior or superior to him, and must take into consideration the part of the inheritance and the needs of the legatee.

Article 759.- Legacy of partially stranger

The legacy of a good that belongs to the testator only in part or on which it has other right, is valid as to the part or the right which belongs to the testator.

Article 760.- Legacy of well-taxed

If the testator bequeaths a good which is encumbered by rights in rem of guarantee, the well will pass to the legatee with the charges that he hath. The service of amortization and interest of the debt, shall be borne by the testator until the day of his death.

Article 761.- Legacy of good subject to use, usufruct and room

If the legacy is subject to usufruct, use or room in favor of a third person, the legatee shall respect these rights until they are extinct.

Article 762.- Legacy of credit and debt forgiveness

The legacy of a credit has an effect only on part of the same which subsists at the time of the death of the testator. The heir is obliged to deliver to the legatee the title of the credit that has been bequeathed. The legacy release of a debt includes the amount due to the date of opening of the succession.

Article 763.- Legacy for purposes of social, cultural, and religious

Are valid legacies made in favor of the poor or for the purposes of cultural or religious, which will be delivered by the heir to whom directed by the testator. In the absence of indication, the first will be delivered to the Public Welfare; the second to the National Institute of Culture or to the organisms that make their times in one or another case; and third, to the competent authority of the religion he professed the testator.

Article 764.- Legacy of premises

If the legacy is a property, land and new construction, that the testator have been added after the testament are not part of the legacy, unless the improvements introduced on the property, regardless of its class.

Article 765.- Legacy in money

The legacy in money must be paid in this species, although it has not been in the inheritance.

Article 766.- Legacy food

The legacy of foods, if the testator did not determine the amount and form of payment, it is accomplished by assigning to the legatee a pension which shall be governed by the provisions of the articles 472 to 487.

Article 767.- Legacy remunerative

The legacy remunerative is considered as a payment, in the part that is reasonably related to the service provided by the beneficiary of the testator, and as an act of liberality in regard to the excess.

Article 768.- Legacy subject to mode

The legatee does not acquire the legacy is subject to a suspensive condition or the expiration of a term, while not the condition is met or the expiry of the term. Meanwhile you can exercise the precautionary measures of their right. The legacy with charge is governed by the provisions of the donations subject to this modality.

Article 769.- Legacy of well-determined

In the legacy of well-determined not to subject to a condition or term, the legatee acquires in the state in which they find to the death of the testator. From that moment on will correspond to the fruits of the good legacy, and assumes the risk of its loss or deterioration, except for wilful misconduct or negligence of the person who shall have in his power.

Article 770.- Reduction of the legacy

If the value of the legacies exceed the part of the inheritance, they are reduced on a pro rata basis, unless the testator has established the order in which they should be paid.

The bequest made in favour of any of the co-heirs is not subject to reduction, except that the inheritance is insufficient for the payment of debts.

Article 771.- Cuarta falcidia

If the testator who has the free disposition of their property instituted heirs volunteers and legatees, the part that corresponds to those shall not be less than the fourth part of the inheritance, with the object of which will be reduced pro rata to the legacies, if necessary.

Article 772.- Expiration of the legacy

Expires legacy:

1. If the legatee dies before the testator.

2. If the legatee is divorced or separated judicially of the testator, by his fault.

3. If the testator to dispose of the good legacy, or it perishes without the fault of the heir.

Article 773.- Acceptance and renunciation of the legacy

It is applicable to the legacy of the provision of article 677.

Title VII: Right to grow

Article 774.- Right to grow between co-heirs

If several heirs are instituted in the entirety of the property without the setting of a party or in equal parts and one of them doesn't want to or can't receive yours, it makes those of the others, except the right of representation.

Article 775.- Right to grow between colegatarios

When the same good is bequeathed to several people, without determination of parties and some of them do not want to or is not able to receive that corresponds to it, it acrecerá the parts of others.

Article 776.- Refund of the legacy to the inheritance

The legacy is refunded to the estate when you do not have effect for any reason, or when the legatee cannot or do not want to receive it.

Article 777.- Denial of the right to grow

The right of etc has no place when the testament is a will, diverse of the testator.

Title VIII: Executors

Article 778.- Appointment of executor

The testator may entrust to a person or persons, who is named executor or executors of the will, the fulfillment of its provisions in a last will.

Article 779.- Formality of the appointment

The appointment of the executor is to be recorded in testament.

Article 780.- Plurality of executors

When there are multiple executors appointed to exercise the charge together, it is what we all do together, or that one of them authorized by the other. In case of disagreement it is worth it to decide on the most.

Article 781.- Joint and several liability of the executors

Is solidarity the responsibility of the executors that is exercised jointly by the office, except different layout of the testator.

Article 782.- Exercise concurrent or successive executor

If the testator does not have the executors to act together, nor to attribute them to specific functions to each one of them, shall serve on, a few in the absence of other, in the order in which they have been designated.

Article 783.- Handicapped persons to be executors

Can't be executor which is described on the articles 667, 744, 745 and 746.

Article 784.- Albaceazgo by legal persons

Can be executors legal persons authorized by law or by its charter.

Article 785.- Excuse and renunciation of executor

The executor shall be excused from accepting the position, but if she had accepted, you can't refuse it but for a just cause, in the judgment of the judge.

Article 786.- Deadline for acceptance of the position

While the executor does not accept the charge or not excused, the judge of the appropriate know of the succession, at the request of an interested party, we will fix a reasonable time for the acceptance, after which it will be refused.

Article 787.- Duties of the executor

The obligations of the executor:

1. Attend to the burial of the corpse of the testator or incineration if it had been available, and, without prejudice to what is established in article 13.

2. To exercise the actions of judicial and extrajudicial documents for the security of the estate.

3. Do legal inventory of the assets that constitute the heritage, with citation of the heirs, legatees, and creditors who have knowledge.

4. Manage assets of the estate that have not been awarded by the testator, until they are delivered to the heirs or legatees, except that diverse of the testator.

5. To pay the debts and charges of the inheritance, with knowledge of the heirs.

6. To pay or deliver the legacies.

7. Sell the estate with the express permission of the testator, or of the heirs, or the judge, as it is indispensable, to pay the debts of the inheritance and legacies.

8. Procure the division and partition of the inheritance.

9. Fulfill the special tasks of the testator.

10. To sustain the validity of the will in the judgment of challenge that promotes, without prejudice to the apersonamiento that, in such a case, corresponds to the heirs.

Article 788.- Personality-specific executors

The executors are not representatives of the estate to sue or to answer in judgment, but in the case of the orders of the testator, of the administration that corresponds to them and in the case of the article 787, paragraph 10.

Article 789.- Personal albaceazgo

The albaceazgo is non-transferable, but can be exercised in justified cases, some functions through representatives, under the orders and the responsibility of the executor.

Article 790.- Possession of property by the executor

If the testator does not instituted heirs, but only legatees, the possession of the hereditary property corresponds to the executor, until they are paid the debts of the inheritance and legacies.

Article 791.- Acts of conservation of the executor

The heirs or devisees may ask the executor for the adoption of measures necessary to maintain the intactness of the estate.

Article 792.- Executor dative

If the testator would not have appointed executor or if the appointed is unable or unwilling to discharge his duties, his powers shall be exercised by the heirs, and if you do not agree, you must ask the court for the appointment of an executor dative.

Article 793.- Remuneration of the executor

The office of executor is paid, except that the testator provided free of charge.

The remuneration shall not exceed four percent of the liquid mass.

In the absence of the determination of the remuneration for the testator, will the judge, who also appoint the executor dative.

Article 794.- Accountability of the executor*

Although the testator would have been relieved of this duty, within sixty days of completion of the albaceazgo, the executor must file the successors to the a written report of its management and, if that is the case, the corresponding accounts, with supporting documents of the case or by providing other means of evidence. The accounts do not require the observance of formality especially in terms of their content, always providing an orderly list of income and expenses.

Also shall comply with this duty during the exercise of the position, with a frequency of not less than six months, when ordered by the Civil Judge at the request of any successor. The request is processed as a non-adversarial process.

The report and accounts are understood to be approved if within the period of expiration of sixty days of presented not requested judicially their disapproval, as a process of knowledge.

The rules contained in this article are supplementary application to all other cases in which there is a legal duty or conventional file income and expense accounts or management reports.

* Article amended by the First Amending Provision of the DL 768 (Code of Civil Procedure), published on 4 march 1992 (link: lpd.pe/k6eBx). The DL 768 uses the word "supporting documents" and not "documents", which is a term that encompasses the RM 010-93-JUSpublished on April 22, 1993 (link: lpd.pe/0BVgm).

Article 795.- Removal of the executor*

May be requested, as a process summary, the removal of the executor that has not started the faction of inventories within ninety days of the death of the testator, or notarized the will, or of his appointment to the court, appropriate, or within thirty days of having been requested by a notary public with such an object by the successors.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 796.- Cessation of office of the executor

The office of executor ends:

1. After two years from its acceptance, except for the longer-term point to the testator, or to be granted by the judge, with the agreement of the majority of the heirs.

2. On the completion of their duties.

3. By resignation, with judicial approval.

4. For legal incapacity or physical condition that prevents the performance of the function.

5. Removal court, at the request of a party duly substantiated.

6. By death, disappearance, or the declaration of absence.

Article 797.- Obligation of the executor to comply with the will of the testator

The executor is entitled, during the exercise of their charge and at any time after you have exercised, to require compliance with the will of the testator. Devoid of this faculty stopped by resignation, or by having been removed from office..

Title IX: Revocation, revocation and invalidity of wills

Chapter one: Revocation

Article 798.- Revocation of a will

The testator has the right to revoke, at any time, its testamentary provisions. Any statement to the contrary is void.

Article 799.- Form of revoke

The revocation expressed in the testament, in whole or in part, or of some of its provisions, can only be made by another testament, whatever its form.

Article 800.- Flashback testament in previous

If the will that revokes an earlier one, is revoked by a later, revived the provisions of the first, unless the testator, expresses their will to the contrary.

Article 801.- Partial revocation of a will

The will is not revoked and total expressly for another post, subsists in the provisions are compatible with those of the latter.

Article 802.- Revocation of the will closed

The testament closed is revoked if the testator out of the custody of the notary.

Article 803.- Validity of the testament closed as holographic

Both in the case provided for in section 802 as at the time of its opening by the testator, the will closed as a valid holographic if it preserves the sheet inside and it meets the formalities mentioned in the first part of the article 707.

Article 804.- Revocation of holographic will

The holographic will is revoked if the testator breaks, destroys, or disables any other way.

Second chapter: Expiration

Article 805.- Expiration testament

The testament expires, as to the institution of heir:

1. If the testator leaves compulsory heirs who did not have when it granted the will to live; or that they are conceived to the time of his death, on the condition that you are born alive.

2. If the heir renounces the inheritance or dies before the testator, without leaving a representation of succession, or when the heir is a spouse and declaring the legal separation by their own fault or the divorce.

3. If the heir to lose the inheritance from the declaration of unworthiness or by desheredación, without leaving descendants who can represent you.

Article 806.- Preterición of forced heir

The preterición of one or more compulsory heirs, invalidate the institution of heirs in the affected legitimate that corresponds to the preteridos. After having been paid, the portion available belongs to those who shall have been instituted unduly heirs, whose legal status is that of legatees.

Article 807.- Reduction of testamentary dispositions

The testamentary provisions that undermine the legitimate heirs, shall be reduced, at their request, in which they are excessive.

Chapter three: Nullity

Article 808.- Nullity and annulment of a will*

Is null the testament given by minors. Is voidable by the other people included in the article 687.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 809.- Voidable testament for defects of the will

Is voidable the testament obtained by violence, intimidation or fraud. Also are voidable testamentary dispositions due to a material mistake of fact or of law of the testator, when the error appears in the testament and is the only reason that has determined the testator to dispose of.

Article 810.- Nullity on the fake death of the heir

When a will has been granted by expressing as a cause of the death of the heir instituted in the previous one, will be worth it and it shall be given him, if it turns out false news of the death.

Article 811.- Nullity of defects of form

The will is null and void, by defect of form, if it is infractorio of the provisions of article 695 or, in her case, the articles 696, 699 and 707, except as provided in article 697.

Article 812.- Avoidance of defects of form

The testament is voidable by defects of form when they have not been completed other formalities indicated for the class will be used by the testator. The action may not be exercised in this case by those who were executed voluntarily testament, and expires two years from the date on which the heir had knowledge of the same.

Article 813.- Nullity and annulment of wills special

Wills special are null and void when you lack the written form, the signature of the testator or the person authorised to receive them. Are voidable in the case of article 812.

Article 814.- Nullity testament in common

Is null the testament given in common by two or more people.

Third section: intestate Succession

Title I: general Provisions

Article 815.- Cases of intestate succession*

The inheritance corresponds to the legal heirs when:

1. The deceased dies without leaving a will; the which granted has been declared null and void, totally or partially; it has been expired for lack of checking a court of law; or is declared invalid, the desheredación.

2. The testament does not contain an institution of an heir, or has been declared the revocation or invalidity of the provision that establishes.

3. The forced heir dies before the testator, the renunciation of the inheritance, or the lost unworthiness or desheredación and has no descendants.

4. The heir to volunteer, or to the legatee dies before the testator; or for not having fulfilled the condition laid down by the latter; or by resignation, or by being declared unworthy to these successors no substitutes appointed.

5. The testator who has no compulsory heirs or volunteers established testament, has not had all their property in legacies, in which case the legal succession works only with respect to the goods that is not arranged.

The judicial declaration of heirs by succession, total or partially intestate, does not prevent the preterido by the declaration to enforce the rights vested in it by Article 664.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 816.- Orders of succession*

You are heirs of the first order, the children and other descendants; of the second order, the parents and other ascendants; the third order, the spouse or, in your case, the member is a survivor of the union; of the fourth, fifth, and sixth orders, respectively, the collateral relatives of the second, third and fourth degree of consanguinity.

The spouse or, in your case, the member is a survivor of the union of fact, it is also heir in concurrence with the heirs of the first two orders listed in this article.

* Article amended by the Law 30007, published on April 17, 2013 (link: lpd.pe/kyvd7).

Article 817.- Exclusion of succession

The relatives of the straight line descending exclude from the bottom up. The relatives nearest in degree excludes the more remote, except the right of representation.

Title II: Succession of the descendants

Article 818.- Equal inheritance rights of children

All children have equal rights to succession in respect of their parents. This provision includes the marital children, to the extramarital recognized voluntarily or declared by a judgment, in respect to the inheritance of the father or of the mother and the relatives of these, and foster children.

Article 819.- Succession by the head and race

The same equality of rights governing the succession of the other descendants. They inherit their ancestors in the head, if you attend alone, and by lineage, when they attend with children of the deceased.

Title III: Succession of ascendants

Article 820.- Succession of the parents

In the absence of sons and other descendants inherit the parent in equal parts. If there is only one of them, it corresponds to the inheritance.

Article 821.- Succession of grandparents

If no parents, they inherit their grandparents, in a way that indicated in the article 820.

Title IV: Inheritance of the spouse

Article 822.- Attendance of the spouse with descendants

The spouse concurs with children or other descendants of the deceased, inherited a portion equal to that of a child.

Article 823.- Option usufructuaria spouse

In the case of article 822 of the spouse may opt out of the use of the third part of the inheritance, unless it has obtained the rights granted to the articles 731 and 732.

Article 824.- Attendance of the spouse with the ascendant

The spouse who attend with parents or other ascendants of the deceased, inherited a portion equal to that of one of them.

Article 825.- Succession, exclusive of the spouse

If the deceased has not left any descendants or ascendants, with the right to inherit, inheritance corresponds to the surviving spouse.

Article 826.- Inappropriateness of the succession of a spouse

The succession that corresponds to the widow or the widow does not come, when being sick, one of the spouses to the marriage, died of the disease within the following thirty days, except that the marriage had been celebrated for regularizing a situation of fact.

Article 827.- The law of succession of the spouse in good faith

The nullity of the marriage having been celebrated with a person who was prevented from getting it, does not affect the inheritance rights of the spouse who contracted in good faith, except that the first spouse survives the deceased.

Title V: Succession of the collateral relatives

Article 828.- Succession of collateral relatives

If there are no descendants, or ascendants, or spouse entitled to inherit, inheritance corresponds to the collateral relatives up to the fourth degree of kinship inclusive, excluding those closest to the most remote, except the right of the nieces and nephews for visits with her aunt and uncle on behalf of their parents, in accordance with article 683.

Article 829.- Concurrency media brothers

In the case of concurrence of brothers of the mother and father with his half-brothers, those will receive a double portion than these.

Title VI: the Succession of the State and of the charities public

Article 830.- Succession of the State and of the Public Welfare*

In the absence of successors, executors, or legal, the judge or notary public, who knows the process or procedure of intestate succession, the award shall be the property included in the estate, to the Charitable Company or lack thereof, to the Board of Social Participation in the place of the last residence of the deceased in the country or to the Charitable Society of Metropolitan Lima if he was domiciled in the foreign country.

It is the obligation of the entity awarded a contract to pay the debts of the deceased, if any, up to which extent the value of the foreclosed property.

Corresponds to the manager of the process or procedure of intestate succession, the ten percent of the net value of the foreclosed property, the same shall be paid by the entity, with the proceeds from the sale of such goods, or other, by the allotment of any of them.

* Article amended by the Law 26680published on 8 November 1996 (link: lpd.pe/k1qEQ).

Fourth section: inheritance

Title I: Up

Article 831.- Notion of snack

The donations and other donations that, by any title, have received the will of the deceased their compulsory heirs, shall be considered as advance inheritance to the effect of colacionarse, unless a waiver of that.

Article 832.- Limits of the dispensation of snack

The waiver is permitted within the portion available and must be set explicitly by the testator in his will or in another public instrument.

Article 833.- Collation property

The collation of goods is done at the choice of who colaciona, returning the good to the estate or reintegrated into it its value. If the well had been alienated or hypothecated, snack they will also, by its value. In both cases, the value of the good is one that is at the time of the opening of the succession.

Article 834.- Up in kind

The colaciona in kind be deducted in your favor in the value of the improvements that has been made, and pay to the estate the value of the damages that the well has suffered by his fault.

Article 835.- Up of money, credit, or securities

If the donation consisted of money, credit, or securities, shall make an equitable adjustment, according to the circumstances of the case, to determine the value colacionable at the time of the opening of the succession.

In case of discrepancy between the heirs, the value will be determined, in the way, incidentally, for the judge who corresponds to settle the succession.

Article 836.- Goods not colacionables

There are colacionables the goods which for reasons not attributable to the heir, had died before the opening of the succession.

Article 837.- Expenses not colacionables

It is not colacionable what would have been spent on food to the heir, or give any profession, art or trade. Nor are colacionables other expenses made in favor of it, while they are in accordance with the condition of the person who does and with custom.

Article 838.- lnexigibilidad of colacionar the insurance premiums paid

It is not colacionable the amount of the life insurance contract in favor of the heir, or the premiums paid to the insurer, if they are included in the second part of the article 837.

Article 839.- Unenforceability of colacionar utilities

There are colacionables the profits obtained by the heir as a result of contracts entered into with the deceased, provided that, at the time of its conclusion, it does not affect the right of the other heirs.

Article 840.- Conferring of legal interests and fruits

The legal interest and the fruits that produce money and other property colacionables belong to the estate inherited from the opening of the succession.

Article 841.- Up to the heir by representation

In the case of representation, the heir colacionará what was received by the defendant.

Article 842.- Up to the excess of the portion available

The resignation of the legitimate does not relieve the heir to return what was received, in excess of the portion available to the deceased.

Article 843.- Exclusive benefits of the snack

The snack is only in favor of the heirs, and does not take advantage of the legatees or creditors of the succession.

Title II: Indivisión and partition

First chapter: Indivisión

Article 844.- Co-ownership of the heirs

If there are several heirs, each of them is co-owner of the assets of the inheritance, in proportion to the quota you have the right to inherit.

Article 845.- Additional application of rules on co-ownership

The state of indivisión hereditary is governed by the provisions relating to co-ownership, in which was not provided for in this chapter.

Article 846.- Term of indivisión of the company*

The testator can set the indivisión of any company included in the inheritance, for a period of four years, without prejudice of the heirs to be distributed normally, and the utilities.

In the case of farms and ranches will be governed by the law of the matter.

Also, from the publication and registration of the submission of the succession to any of the bankruptcy procedures provided for in national legislation will indivisión of the estate testate or intestate.

* Article amended by the Law 27809published on 8 August 2002 (link: lpd.pe/kjgJN).

Article 847.- Indivisión agreed between heirs

The heirs may agree on the indivisión all or part of the inheritance for the same period laid down in article 846 and also to renew it.

Article 848.- Registration of the indivisión

The indivisión has effect against third parties only from that is registered in the corresponding registry.

Article 849.- Payment to heirs disagree with indivisión

In the cases of indivisión to pay the portion of the heirs who do not accept it.

Article 850.- Judicial partition before the deadline

The judge may order, at the request of any of the heirs, the partition in whole or part of the estate before the expiration of the term of the indivisión, if it comes to serious circumstances that would justify it.

Article 851.- Management of heritage undivided

While the heritage remains undivided will be administered by the executor, or by the attorney common appointed by all the heirs or by a receiver.

Second chapter: Partition

Article 852.- Partition probate*

There is No place to partition when the testator has been made in the last will and testament, and may be ordered, in this case, only the reduction in the part that exceeds what is permitted by the law.

Notwithstanding what is stated in the preceding paragraph, does not fit in any of the partition in both to stay current bankruptcy proceedings to which it is subjected to the succession undivided, of to be the case that to happen.

* Article amended by the Law 27809published on 8 August 2002 (link: lpd.pe/kjgJN).

Article 853.- The formality of the partition*

When all the heirs are able to and agree on the partition, make it by public deed in the case of properties listed in public records. In other cases, it is enough private document with signatures notarially certified.

* Article amended by the First Amending Provision of the DL 728 (Code of Civil Procedure), published on 4 march 1992 (link: lpd.pe/kGeBx). The DL 768 uses the expression "the cause"; however, the RM 010-93-JUSpublished on April 22, 1993 (link: lpd.pe/0BVgm), the collect as "will".

Article 854.- Holders of the partition action

If there is no regime of indivisión, the judicial partition of the inheritance may be requested:

1. By any heir.

2. By any creditor of the estate or of any of the heirs.

Article 855.- Grounds for judicial partition

The judicial partition is mandatory in the following cases:

1. When there's heir is unable, at the request of his representative.

2. When there is an heir declared missing, at the request of the people who have been given temporary possession of their property.

Article 856.- Suspension of the participation by the heir conceived

The partition that encompasses the rights of an heir conceived, will be suspended until your birth. In the interval the mother enjoys the corresponding inheritance as soon as you have need of food.

Article 857.- Suspension of the partition by agreement or court order

You can also deferred or suspended partition in respect of all the goods or part of them, by agreement of all the heirs or by judicial decision, and for a period of not more than two years ago, when the immediate execution can cause notable damage to the estate, or if it is necessary to ensure the payment of debts or legacies.

Article 858.- Partition with warranties

If there is disagreement between the heirs on the rights of any of them, on the obligation of colacionar or about the value of the goods colacionables, you will make the partition providing a guarantee to the results of the trial, which is promoviere.

Article 859.- Way to adjudicate the estate

The property will be awarded in-kind to each one of the heirs. This is not possible, the value of their shares will be paid in money.

Article 860.- Sale of heritable property for payment of award

If you do not have the money necessary for the payment referred to in article 859, proceed to the sale of the estate is required, subject to the agreement of a majority of the heirs, and with the approval of the court.

Article 861.- Partition of property divisible

If in inheritance there are goods that can be comfortably breakaway, your partition material shall be awarded to each heir the goods.

Article 862.- Reduced pro-rata of the excess in the partition

The portions assigned by the testator which together exceed the total of the inheritance will be reduced, on a pro rata basis, except as provided by that.

Article 863.- Partition of credits legacy

The credits that constitute part of the active hereditary, will be divided among the heirs in proportion to the share they have in the inheritance.

Article 864.- Partition of property omitted

The omission of some goods in the partition is no reason for it not to continue, to leave it without effect, or to request the annulment of the procedure. The goods omitted must be parties in addition.

Article 865.- Nullity of partition by preterición*

Is null the partition made with preterición of a successor. The claim is not subject to prescription and is processed as a process of knowledge.

The invalidity does not affect the rights of any third party purchasers in good faith and for valuable consideration.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 866.- Sanitation for eviction in the partition

Defeated the heir of a trial on the property that is ascribed to it, his co-heirs will indemnify, pro rata, the value that they had at the time of the eviction. If anyone is insolvent, the liability they assume the solvent and the one who asks for it.

Article 867.- Denial of the sanitation eviction

There is No sanitation by eviction when the judgment comes from cause expressly excluded from the partition, follow it, or is due to exclusive fault of the heir.

Article 868.- Irrelevance of sanitation by the insolvency

The debtor's insolvency of a credit awarded to any of the heirs, does not give rise to sanitation, if that arises after you made the partition.

Title III: Burdens and debts of the inheritance

First chapter: Loads

Article 869.- Loads of the inheritance

They are in charge of the estate:

1. The expenses of the funeral and, in his case, the incineration, which are paid in advance.

2. The expenses from the last illness of the deceased.

3. The expenses of administration.

Article 870.- Extension of benefit to people who lived as a cause

The people who have lived in the house of the deceased or fed on its behalf, may require the executor or heirs to continue the care of these benefits at the expense of the estate, during three months.

Second chapter: Debts

Article 871.- Debts that fall on the estate

While the heritage remains undivided, the obligation to pay the debts of the deceased rests on the inheritance; but made the partition, each of the heirs responds to those debts in proportion to their share of the inheritance.

Article 872.- Preference of payment of creditors of the deceased

The creditors of the deceased have a preference with respect to the creditors of the heirs to be paid by the estate.

Article 873.- Payment of debts before the partition

The heir may request that the debts of the inheritance, is duly accredited and that lack of collateral, whether paid or secure your payment before the partition.

Article 874.- Payment of debt food

Alimony is referred to in the article 728 is debt inherited gravel into what is necessary to the portion of free disposal of the inheritance in favor of the creditor and is to be paid, according to the cases:

1. Assuming one of the heirs of the obligation by the disposition of the testator, or by agreement between them. You can make sure your payment by mortgage or other security.

2. Calculating the amount of the maintenance allowance during the time that takes to its termination, and giving to the creditor or to his legal representative, the capital representative of the income.

The choice of the indicated alternative corresponds to the heirs; and if there be a disagreement between them, the judge will decide your method of payment.

Article 875.- Opposition of the creditor to the partition*

The creditor of the inheritance can oppose the partition, and the payment or delivery of the legacies, while not to meet its debt or to secure the payment.

The opposition is exercised through demand, or as a third party with an interest in the existing process, to be the case. The powers procedural depend on the nature of their right.

You can also sue the guardianship and custody of their right not yet enforceable. This claim is processed as a shortened process.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 876.- Ineffectiveness of the partition with respect to the creditor

However, if the opposition referred to in article 875 proceed to the partition, without paying the debt or to secure its payment, the partition is considered not made in regard to the rights of the opponent.

Article 877.- Compensation to an heir by paying of debt

The heir who has paid a debt of inheritance to duly accredited, or which have been executed by her, she has the right to be reimbursed by his co-heirs in the proportional part, each of them appropriate.

Article 878.- The prejudice of the co-heirs for insolvency

The insolvency of any of the co-heirs are obliged to compensate the that paid a debt inherited, or that he suffered a seizure by it, it hurts in proportion to the paid and the other co-heirs responsible, when the insolvency existed at the time of payment.

Article 879.- Unenforceability of the legatee to pay debt of inheritance

The legatee is not obligated to pay the debts of the inheritance, unless otherwise provided for by the testator. If you had paid any debt duly qualified and serious, specifically the well-legacy, you must resarcírsele by the heirs to what you may have paid.

Article 880.- Conservation of the credit rights of the heir or legatee

The heir or legatee who is a creditor of the deceased, it preserves the rights derived from your credit, and without prejudice to the consolidation that could operate.

BOOK V: RIGHTS IN REM

Section one: general Provisions

Article 881.- Notion of Rights in Rem

Are real rights regulated in this Book, and other laws.

Article 882.- Order of prohibition to alienate or encumber

Cannot be set contractually the prohibition to alienate or encumber, unless otherwise permitted by law.

Article 883.- [Repealed]*

* Article repealed by the DL 653published on 1 August 1991 (link: lpd.pe/pBdbm).

Article 884.- Rules governing the property incorporeal

The properties incorporeal are governed by special legislation.

Second section: Property

Title I: Classes of goods

Article 885.- Real estate*

Real property:

1. The soil, subsoil and the sobresuelo.

2. The sea, lakes, rivers, springs, streams of water and the living waters or relaxation.

3. The mines, quarries and deposits of hydrocarbons.

4. The ships and boats.

5. The docks and piers.

6. [Repealed]

7. The concessions to exploit public services.

8. The mining concessions obtained by individuals.

9. [Repealed]

10. The rights on immovable property registration in the registry.

11. The other property to which the law confers on them for quality.

* Article amended by the following devices:
1. Sixth Final Disposition of the Law 28677published on march 1, 2006, which repealed the points (4, 6, and 9 (link: lpd.pe/2X4XP).
2. First Additional Provision Amending the DL 1400published on September 10, 2018, which incorporates the subsection 4 (link: lpd.pe/28yjy). The DL 1400 shall be effective as of the business day following the operation of the databases of the SIGM, in accordance with the Legal Reports 325-2018-JUS/DGDNCR and 331-2018-JUS/DGDNCR. It is worth mentioning that the Legal Consultation 059-2018-JUS/DGDNCR concluded that the provision that incorporates the numeral 4 has a direct impact on the guarantee scheme of movable, so that their validity is also pending.

Article 886.- Movable property*

Are furniture:

1. The ground vehicles of any kind.

2. The natural forces which are susceptible of appropriation.

3. The constructions in a foreign land, made for a temporal end.

4. The materials of construction or from a demolition if they are not united to the floor.

5. The securities of any class or instrument attesting the acquisition of credit or personal rights.

6. The author's economic rights, patent rights, trade names, trademarks and other intellectual property rights.

7. The income or pension of any kind.

8. The shares that each partner has in societies or associations, although they belong to real estate.

9. The other property that may be carried from one place to another.

10. Other assets not included in the article 885.

* Article amended by the Second Additional Provision Amending the DL 1400published on September 10, 2018 (link: lpd.pe/28yjy). The DL 1400 shall be effective as of the business day following the operation of the databases of the SIGM, in accordance with the Legal Reports 325-2018-JUS/DGDNCR and 331-2018-JUS/DGDNCR. It is worth mentioning that the Legal Consultation 059-2018-JUS/DGDNCR concluded that the provision amending subsection 6 does not directly impact on the guarantee scheme of movable, so that is currently in place.

Title II: integral Parts and accessories

Article 887.- Notion of an integral part

It is an integral part that cannot be separated without destroying, defacing or altering the well.

The parties shall not be the object of rights singular.

Article 888.- Notion of goods accessories

Are accessories of the goods without losing their individuality, are permanently affected to an end economic or ornamental with respect to the other well.

The involvement can only be done by the owner of the principal or the person entitled to dispose of it, respecting the rights acquired by third parties.

Accessories may be rights issues is unique.

The use passenger of a well to the economic purpose of another does not give you the quality accessory.

The provisional separation of the accessory in order to serve the economic purpose other well, don't suppresses their quality.

Article 889.- Component parts and accessory

The integral parts of a well and its accessories are still the condition of it, unless the law or the contract allows for their differentiation or separation.

Title III: Fruits and by-products

Article 890.- Notion of fruits

Are fruits the benefits of renewable produces a well, without altering or decrease your substance.

Article 891.- Kinds of fruits

The fruits are natural, industrial and civil. Are natural fruits that come from the well, without human intervention. Are the fruits of industrial which produces the well, by human intervention. Are fruits civilians that the well produces as a result of a legal relationship.

Article 892.- Perception of fruits, natural, industrial and civil

The fruits, natural, industrial and civil belong to the owner, producer and owner of the right respectively, without prejudice to the acquired rights.

Perceive the natural fruits when they are picked, the industrial when they are obtained, and the civilians are collected.

Article 893.- Calculation of fruits, industrial or civil

For the computation of the fruits, industrial or civil, are feathered, expenses and disbursements made to obtain them.

Article 894.- Concept of products

Are products of the benefits of non-renewable that are extracted from a well.

Article 895.- Extensive application of the rules on fruit

The provisions on fruits understand the products if they are not expressly excluded.

Section three: Rights in rem main

Title I: Possession

Chapter one: general Provisions

Article 896.- Notion of possession

The possession is to exercise the fact that one or more powers that are inherent to the property.

Article 897.- Server possession

There is a possessor who, finding himself in a relationship of dependence with respect to another, it retains the possession in the name of it and in the fulfillment of orders and instructions of yours.

Article 898.- Addition of the term of possession

The owner can add his period of possession to the one who gave her explanation for the well.

Article 899.- Coposesión

There is coposesión when two or more persons own the same well together.

Each holder may exercise about the good acts of possession, with such you do not mean the exclusion of the others.

Second chapter: the Acquisition and conservation of possession

Article 900.- Acquisition of possession

The possession is acquired by the tradition, except in the case of acquisition as originally established by the law.

Article 901.- Tradition

The tradition is performed by the delivery of the good to those who should receive it, or to the person designated by him or by the law and with the formalities which it establishes.

Article 902.- Substitutes tradition

The tradition also considered to be carried out:

1. When you change the title of possession to the one who is possessing.

2. When transferring the good that is in the possession of a third party. In this case, the tradition of the effect in terms of the third parties from which it is communicated in writing.

Article 903.- Documentary tradition

In the case of articles on travel, or subject to the regime of general stores, the tradition is made by the delivery of documents intended to pick them up.

However, the acquirer in good faith of objects are not identifiable, to whom it has been made delivery of the same, has priority over the holder of the document, unless the contrary is proved.

Article 904.- Conservation of possession

It retains the possession, although its exercise is prevented by acts of nature, temporary.

Chapter three: Classes of possession and its effects

Section 905.- Possession immediate and mediate

He is a holder immediately the possessor temporary in virtue of a title. Corresponds to the possession mediate who conferred upon him the title.

Article 906.- Possession illegitimate of good faith

The possession illegitimate is in good faith when the possessor believe in its legitimacy, due to ignorance or mistake of fact or of law on the vice that invalidate his title.

Article 907.- Duration of the good faith

The good faith lasts as long as the circumstances allow the owner to believe that it has legitimately or, in any case, even being cited in court, if the claim is justified.

Article 908.- Possession in good faith and the fruits

The possessor in good faith makes it his own fruit.

Article 909.- The responsibility of the possessor in bad faith

The possessor in bad faith, be liable for the loss or detriment of good even for a fortuitous event or force majeure, except that it also occurred in the case of having been in the possession of its owner.

Article 910.- Obligation of the possessor in bad faith to restore fruits

The possessor in bad faith is required to deliver the fruits received and, if they do not exist, to pay its estimated value at the time received or due perceive.

Article 911.- Possession precarious

The possession precarious is that which is exercised without any title or when it had been banished.

Chapter four: legal Presumptions

Article 912.- Presumption of ownership

The owner is reputed owner, while not proved otherwise. This presumption cannot oponerla the holder immediately to the possessor consequential damages. Also you can object to the owner, with the right registered.

Article 913.- Presumption of possession of accessories

The possession of a well does boast the possession of its accessories.

The possession of a property makes show off the goods furniture that are in it.

Article 914.- Presumption of good faith of the possessor

A presumption of good faith of the possessor, unless the contrary is proved.

The presumption referred to in this article is not conducive to the possessor of the well-recorded in the name of another person.

Article 915.- Presumption of continuing possession

If the possessor current test to have possessed above, it is assumed that it possessed in the intervening time, unless there is proof to the contrary.

Chapter five: Improvements

Article 916.- Kinds of improvements

Improvements are needed, when they are intended to prevent the destruction or deterioration of the well.

They are helpful, without belonging to the category of the necessary increase the value and the income of the well.

Are recreational, without being necessary or useful, they are used to ornament, brilliance or comfort.

Article 917.- Right to the value or the withdrawal of the improvements

The holder has the right to the current value of the improvements needed and useful, that exist at the time of the restitution and to check out the pleasure that may be separated without damage, unless the owner chooses to pay its current value.

The rule of the preceding paragraph is not applicable to the improvements made after the subpoena but when it is necessary.

Article 918.- Right of retention

In cases in which the holder must be reimbursed for improvements, has the right of retention.

Article 919.- Prescription of the action for refund

Returned to the well, lost the right of separation, and after two months, prescribes the action for refund.

Sixth chapter: Defense possessory

Article 920.- Defense possessory settlement*

The holder can repel the force that is used against him or the well and recover it, if it were dispossessed. The action is carried out within fifteen (15) days to take knowledge of the dispossession. In any case, you should refrain from pathways of fact not justified by the circumstances.

The owner of a property that you do not have a building or is in this process, you can invoke the defence stated in the previous paragraph in the case that your property was occupied by a holder precarious. In no case will proceed to the defense possessory if the holder precarious has usufructuado well as the owner at least ten (10) years.

The National Police of Peru as well as the respective Municipalities, within the framework of its powers provided for in the Organic Law of Municipalities, should provide the necessary support to ensure the strict enforcement of this article, under the responsibility.

In no case will proceed to the defense possessory against the owner of a property, unless you have operated the prescription, regulated in article 950 of this Code.

* Article amended by the Law 30230published July 12, 2014 (link: lpd.pe/pBdR6).

Article 921.- Defense possessory judicial

A holder of furniture enrolled and of real estate you can use the actions posesorias and injunctions. If your possession is more than a year may reject the injunctions that are promoted against him.

Chapter seven: Extinction of the possession

Article 922.- Causes of extinction of the possession

The possession is extinguished by:

1. Tradition.

2. Abandonment.

3. Execution of a judicial decision.

4. Total destruction or loss of the well.

Title II: Property

Chapter one: General provisions

Article 923.- Notion of property

The property is the legal power that allows you to use, enjoy, dispose and to claim a well. Must be exercised in harmony with the social interest, and within the limits of the law.

Article 924.- Abusive exercise of the right of property

The one who suffers, or is threatened to damage because another is exceeded or abused in the exercise of its right, you can demand that has been restored to the previous state or measures to be taken in the case, without prejudice to compensation for the damage incurred.

Article 925.- Legal restrictions

The legal restrictions of the property established because of the need and usefulness of the public or social interest cannot be modified or deleted by legal act.

Article 926.- Restrictions of conventional

The restrictions of the property established by the pact to take effect in relation to third parties, must be registered with the respective registry.

Article 927.- Action for recognition

The action for recognition is imprescriptible. Not applicable against the one who acquired the well by prescription.

Article 928.- Legal regime of the expropriation

The expropriation is governed by the laws of matter.

Chapter two: Acquisition of the property

Subchapter I: Appropriation

Article 929.- Appropriation of things free

The things that do not belong to anyone, such as stones, shells or other similar terms that are in the sea or rivers or on beaches or shores, are acquired by the person who apprehends it, except the estimates of the laws and regulations.

Article 930.- Appropriation for hunting and fishing

Game animals and fish are acquired by those who take, but it is enough that you have fallen in traps or nets, or, wounded, to be persecuted without interruption.

Article 931.- Hunting and fishing on the property of others

It is not permitted to hunting and fishing on the premises of others, without the permission of the owner or holder, as the case may be, except in the case of land not fenced or planted.

The animals hunted or fished in contravention of this article belong to its owner or holder, as the case may be, without prejudice to the appropriate compensation.

Article 932.- Finding lost objects

The finder of a lost object is obliged to hand him over to the municipal authority, which shall communicate the finding by public announcement. If it takes three months and no one claims, are to be sold at public auction and the proceeds will be distributed equally between the Municipality and the one who found him, after deduction of the expenses.

Article 933.- Expenses and compensation for the finding

The owner to regain what is lost is obliged to pay the costs and to pay those who found the reward offered, or, in his default, as appropriate to the circumstances. If it comes to money, this reward will not be less than one-third of the recovery.

Article 934.- Search for treasure in a foreign land

It is not allowed to search for treasure in a foreign land, fenced, planted or built, except with the express authorisation of the owner. The treasure found in contravention of this article belongs entirely to the owner of the soil.

Who seek treasure without the express permission of the owner is obliged to the payment of the compensation for damages.

Article 935.- Division of treasure found in a foreign land

The treasure discovered in a foreign land is not fenced, planted or built, is divided equally between the lies and the owner of the land, unless agreed differently.

Article 936.- Protection of the Cultural Heritage of the Nation

Articles 934 and 935 are applicable only when you are not opposed to the rules that govern the cultural heritage of the Nation.

Subchapter II: Specification and mix

Article 937.- Acquisition by specification and mix

The object that is done in good faith with foreign materials belongs to the architect, paying the value of the thing used.

The species that results from the union or mixture of other different owners, belongs to the latter in proportion to their respective values.

Subchapter III: Accession

Article 938.- Notion of accession

The owner of a well acquired by accession that binds or attaches materially to him.

Article 939.- Accession by barrage

The joints of the earth and the increments that are formed successively and imperceptibly in the farms located along rivers or streams, are those of the owner of the farm.

Article 940.- Accession avulsion

When the force of the river starts up a considerable portion, and recognizable in a field of coastal and takes it to another riparian owner, the first owner may reclaim his property, and must do so within two years of the occurrence. After this period of time will lose their right of property, unless the owner of the field that is joined to the portion torn off has not already taken possession of it.

Article 941.- Building of good faith in a foreign land

When you build in good faith in a foreign land, the owner of the land can choose between doing his built or force the invader to pay the ground. In the first case, the owner of the land must pay the value of the building, the amount of which shall be the average between the cost and the present value of the work. In the second case, the invader must pay the current market value of the land.

Article 942.- The bad faith of the owner of the soil

If the owner of the ground work of bad faith, the option referred to in article 941 corresponds to the invader of good faith, who, in such case, you can demand that you pay the current value of the building or pay the current market value of the land.

Article 943.- Building in bad faith in a foreign land

When you build in bad faith in a foreign land, the owner may demand the demolition of the built if it does damage, plus the payment of the compensation corresponding to or do his built without an obligation to pay its value. In the first case, the demolition is in charge of the invader.

Article 944.- Invasion of the soil adjacent

When a building has been invaded partially and in good faith in the soil of the neighboring property without the owner having been the opposite, the owner of the building acquires the land occupied, by paying their value, except to destroy what was built.

If the portion occupied doeth insufficient the rest of the land for use as a construction normal, it may be required to the invader who acquires fully.

When the invasion, referred to in this article has been of bad faith, be governed by the provisions of article 943.

Article 945.- Building and planting materials, seeds or plants outside

The who, in good faith builds with foreign materials, or planting seeds or plants outside acquires the built or planted, but you should pay the value of the materials, plants or seeds and to compensation for the damages caused.

If the building or planting is done in bad faith applies the preceding paragraph, but the one who builds or planting must pay double the value of the materials, plants or seeds and the corresponding compensation for damages.

Article 946.- Accession natural

The owner of animal bitch acquires breeding, unless otherwise agreed.

The animals are considered fruits, just that they are in the womb of the mother, although they were not born.

In cases of artificial insemination performed with elements reproductive from animal alien, the owner of the bitch acquires breeding paying the value of the player element, if it work in good faith, and triple that value, if it does so in bad faith.

Subchapter IV: Transmission of the property

Article 947.- Transfer of ownership of movable property

The transfer of ownership of a movable property determined is carried out with the tradition of his creditor, unless legal provisions different.

Article 948.- Acquisition non dominus of movable property

Who in good faith, and as the owner receives from another of the possession of a movable property, acquires the domain, although the transferor of the possession without authority to do so. The exceptions to this rule are the property lost and acquired in violation of the criminal law.

Article 949.- Transfer of real property ownership

The sole obligation of alienating a specific property makes the creditor the owner thereof, except a provision of law different from, or otherwise.

Subchapter V: acquisitive Prescription

Article 950.- Acquisitive prescription

The real property shall be acquired by prescription through possession, continuous, peaceful and public as the owner for ten years.

Acquired five years ago when mediate a just title and good faith.

Article 951.- Requirements of the acquisitive prescription of real estate

The acquisition by prescription of a good piece of furniture requires the possession, continuous, peaceful and public as the owner for two years, if there is good faith, and four if, there is not.

Article 952.- Judicial declaration of acquisitive prescription

Who is a good prescription can sue to declare the owner.

The statement that accesses the request is title for the registration of the property in the respective registration and to cancel the seat in favour of the former owner.

Article 953.- Interruption of term prescriptorio

Is interrupted, the term of the prescription if the holder loses the possession or is deprived of it, but ceases that effect if he recovers before a year or if the sentence is restored.

Chapter three: Property property

Subchapter I: general Provisions

Article 954.- Extension of the right of property*

The ownership of land extends to the underground and the sobresuelo, falling within the vertical planes of the perimeter surface, and even where it is useful to the owner's exercise of his right.

The ownership of the subsoil does not include natural resources, deposits and archaeological sites, or other property governed by special laws.

* Taking into account that article 15 of the Law 31313published on July 25, 2021 (link: lpd.pe/pqy16), mentions that the property of the estate stretches "as far as possible within the limitations of urban planning".

Article 955.- Property of the soil, subsoil and sobresuelo

The subsoil or the sobresuelo can belong, in whole or in part, to different owner that the owner of the soil.

Article 956.- Actions by the work that threatens to ruin

If any work threatens to ruin, who has a legitimate interest may request the repair, demolition or the adoption of preventive measures.

Article 957.- System of property ownership property

The property land is subject to zoning, to processes of empowerment and subdivision and the requirements and limitations set out the relevant provisions.

Article 958.- Regime of the horizontal property

The horizontal property are governed by the legislation of the matter.

Subchapter II: Limitations by reason of the vicinity

Article 959.- Acts to avoid danger of neighboring properties

The owner can't keep your property running events services interim of the neighboring properties, that prevent or conjuren a present danger or impending, but you will indemnify for the damages caused.

Article 960.- Step of building materials by property stranger

Whether to construct or repair a building, it is essential to move materials by campus outside or to place in it a scaffold, the owner must consent, to receive compensation for the damages that you cause.

Article 961.- Limits to the industrial exploitation of the land

The owner, in the exercise of his right, and especially in his work of industrial exploitation, it must refrain from harming the properties adjoining or neighbouring the security, the peace and the health of their inhabitants.

You are prohibited fumes, hollines, fumes, noise, vibrations and discomfort similar in excess of the tolerance that you mutually must be neighbors in the circumstances.

Article 962.- Prohibition of open or dig wells that damage neighboring property

The owner of a property you are not allowed to open or dig in your field wells capable of causing ruin or collapse on the neighboring property, or to harm the plantations in it existing and may be required to save the distances necessary to the security of the premises affected, in addition to the obligation to pay compensation for the damages.

Article 963.- Works and harmful deposits and dangerous

If near a boundary line, built oven, fireplace, barn or other similar or reservoir for water or materials damp, penetrating, explosive or radioactive, or install machinery or similar, should be observed distances and precautions set forth by the regulations of their country and, in the absence thereof, to the extent necessary to preserve the strength or health of the land neighbors. The non-observance of this provision may result in the closure or removal of the work and the compensation of damages.

Article 964.- Step of water per farm neighbor

The owner can't make the water corresponding to the campus take place in the premises neighbors, unless agreed differently.

Subchapter III: Rights of the owner

Article 965.- Right to enclose an area

The owner of a property has the right to cercarlo.

Article 966.- Obligation of demarcation and survey

The owner of a property you can bind to the neighbors, be they owners or holders, the demarcation and survey.

Article 967.- Right to the cutting of branches and roots invading the land

The owner can cut the branches of the trees that extend over the land and roots that invade. When necessary, you can resort to the municipal authority or court for the exercise of these rights.

Chapter four: Extinction of the property

Article 968.- Causes of extinction of the property

The property is extinguished by:

1. Acquisition of the good by another person.

2. Destruction or total loss or consumption of the good.

3. Expropriation.

4. Abandonment of the well during twenty years of age, in which case it passes the grounds of the domain of the State.

Chapter five: co-Ownership

Subchapter I: general Provisions

Article 969.- Notion of co-Ownership

There are co-ownership when a well belongs fees ideals to two or more people.

Article 970.- Presumption of equal shares

The contributions of the co-owners are presumed equal, unless the contrary is proved.

The contest of the co-owners, both the benefits and burdens, is in proportion to their respective quotas.

Article 971.- Decisions for the common good

The decisions for the common good shall be taken by:

1. Unanimity, in order to dispose, encumber or lease the well, give it in commodatum or introduce modifications to it.

2. Absolute majority, for the acts of ordinary administration. The votes are counted by the value of the shares.

In case of a tie, the court will decide by motion.

Article 972.- Regime applicable to the judicial administration of the common property

The judicial administration of the common property is governed by the Code of Civil procedure.

Article 973.- Administration of the common good by one of the co-owners

Any of the co-owners may take over the management and take the work to the normal exploitation of the well, if it is not set by the administration of conventional or judicial proceedings, and while not requested any of them.

In this case the obligations of the administrator shall be the administrator of the judiciary. Their services will be paid for with a part of the utility, set by the judge and by observing the handling of incidents.

Subchapter II-Rights and obligations of the co-owners

Article 974.- The right of use of the common good

Each co-owner has the right to use the common good, provided that you do not alter your destination is not harmful to the interest of others.

The right to use the common good corresponding to each co-owner. In the event of a dispute, the judge shall regulate the use, observing the rules of procedure for judicial management of common goods.

Article 975.- Compensation for total or partial use of the well

The co-owner that uses the well-partial or total exclusion of the others, should compensate them in the proportions that are appropriate, except as provided in article 731.

Article 976.- Right of enjoyment

The right to enjoy corresponds to each co-owner. These are required to be refunded proportionately to the benefits obtained from the well.

Article 977.- Provision of the quota and its fruits

Each co-owner can dispose of his share, ideal and of the respective fruits. You can also gravarlos.

Article 978.- Conditionability of the validity of acts of the exclusive property

If a co-owner makes on all or part of a well, an act that amount to the exercise of exclusive property, such act shall be valid only from the moment in which is attributed to the well or the party who performed the act.

Article 979.- Claim and defence of the common good

Any co-owner can claim the common good. It also can promote the actions posesorias, injunctions, actions for eviction, notice of farewell, and the other determined by the law.

Article 980.- Improvements that are necessary and useful in the co-ownership

The improvements that are necessary and useful they belong to all co-owners, with the obligation to respond proportionately for the expenses.

Article 981.- Maintenance costs and burdens of the common good

All co-owners are required to attend, in proportion to their part, to the costs of conservation and the payment of taxes, charges and encumbrances affecting the common good.

Article 982.- Sanitation for eviction of the common good

The co-owners are reciprocally obliged to sanitation in case of eviction, in proportion to the share of each one.

Subchapter III: Partition

Article 983.- Notion of partition

By the partition swapped the co-owners, giving each the right to have about the goods that is not vested in, to change the law that grant you that you will be awarded.

Article 984.- Compulsory partition

The co-owners are required to make partition when one of them or the creditor of any request, except in cases of indivisión forced, legal act or law that set time limit for the partition.

Article 985.- Imprescriptibility of the action of partition

The action for partition is imprescriptible and none of the co-owners or their successors may acquire by prescription the commons.

Article 986.- Partition conventional

The co-owners can make partition for convention's unanimous.

The partition conventional may also be made by drawing lots.

Article 987.- Partition conventional special*

If any of the owners is a person referred to in article 43 or 44 of the Civil Code, or has been declared absent, the partition conventional is subject to judicial approval, accompanying the request appraisal of the property by a third party, with the signature certified by a notary, as well as the document that contains the agreement particional, signed by all the interested parties and their legal representatives. Can be omitted appraisal when goods have stock quote or market analog, or value determined for tax purposes.

The application for approval is subject to the passage of the non-adversarial process, with citation of the Public Ministry and of the family council, if it was already made.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 988.- Partition of property indivisible

The common goods that are not susceptible of division material may be awarded, in common, two or more co-owners who agree, or are to be sold by agreement of all of them and divided the price. If the co-owners do not agree with the adjudication in common or in the sales contract, will be sold in a public auction.

Article 989.- The right of preference of co-owner

The co-owners have the right of preference to prevent the auction of section 988 and acquire your property by paying the cash price of the appraisal in the parts that correspond to the other partners.

Article 990.- Injury in the partition

The lesion in the partition is governed by the provisions of the articles 1447 to 1456.

Article 991.- Deferral or suspension of the partition

Can be deferred or suspended partition by unanimous agreement of the owners. If there were co-owners unable to, it will require court approval, observing the rules laid down in article 987.

Subchapter IV: Extinction of the co-ownership

Article 992.- Causes of extinction of the co-ownership

The co-ownership is terminated by:

1. Division and partition of the common good.

2. Meeting all quotas for parties in a single-owner.

3. Total destruction or loss of the well.

4. The sale of the property to a third party.

5. Loss of the right of property of the co-owners.

Subchapter V: Covenant of indivisión

Article 993.- Term and effects of the covenant of indivisión

The co-owners can celebrate pact indivisión for a term not exceeding four years and renewing it as many times as you deem convenient.

The covenant of indivisión not write term is presumed to be for four years.

To produce an effect against third parties, the covenant of indivisión must be entered in the corresponding register.

If mediate serious circumstances, the judge can order the partition before the expiration of the term.

Subchapter VI: Medianería

Article 994.- Presumption of medianería

Walls, fences or ditches located between two estates are presumed to be common, until proven otherwise.

Article 995.- Obtaining medianería

If the wall that separates the land has risen in the field of one of them, the neighbor can get the medianería paying half of the current value of the work and of the land occupied.

In such a case, you can request the removal of everything that is incompatible with the law that gives the medianería.

Article 996.- Use of dividing wall

Everything surrounding you can put straps and beams in the dividing wall, and use it without degrading it, but can't open it windows or skylights.

Article 997.- Construction of a dividing wall

Any abutting you can lift the dividing wall, being of the cost of the repair and any others that require the increased height.

Article 998.- Loads of medianería

The surrounding must contribute on a pro rata basis for the conservation, repair or reconstruction of the dividing wall, unless they renounce medianería, do or do not use it.

Title III: Usufruct

Chapter one: general Provisions

Article 999.- Notion of Usufruct

The rights conferred the powers to use and enjoy temporarily out of the property of others.

You can opt out of the use of certain profits and utilities.

The usufruct can be put on any kind of property, not consumables, except as provided in article 1018 to 1020.

Article 1000.- Constitution of the usufruct

The usufruct can be constituted by:

1. Law when expressly determined.

2. Contract or a unilateral legal act.

3. Testament.

Article 1001.- Term of use

The usufruct is temporary. The usufruct constituted in favor of a legal person may not exceed thirty years and any longer period that is set to be reduced to this.

In the case of real estate of monumental value of the property of the State that is the subject of restoration with funds of natural persons or legal entities, as well as the rights that constitutes the State in favor of these may have a maximum period of noventinueve years.

Article 1002.- Transfer or encumbrance of the usufruct

The usufruct, with the exception of the legal, it can be transferred for a consideration or free of charge or be taxed, respecting its duration, provided that no express prohibition.

Article 1003.- The use of the well expropriated

In the event of expropriation of the object of the usufruct, it will be on the value of the expropriation.

Article 1004.- Usufruct legal about products

When to use the legal burden falls on the products referred to in article 894, the parents returned the half of the net revenues.

Article 1005.- Regime of the effects of the usufruct

The effects of use are governed by the constitutive act and, not contained in it, by the provisions of this title.

Chapter two: rights and Duties of the usufructuary

Article 1006.- Inventory and appraisal of property by the usufructuary

To enter into possession, the usufructuary will inventory and appraisal of the personal property, unless it has been expressly exempted from that obligation by the owner that does not have forced heir. The inventory and appraisal will be legal when it comes to the usufruct legal and probate.

Section 1007.- The obligation of the usufructuary to perform the warranty

The usufructuary is obliged to provide the warranty stated in the title deed of your right or ordered by the judge, when he finds that may endanger the right of the owner.

Article 1008.- Exploitation of the well

The usufructuary must exploit the well in the normal and customary manner.

Article 1009.- Prohibition of modifying the well-usufructuado

The usufructuary must not make any substantial modification of the well or your use.

Article 1010.- The obligation of the usufructuary to pay taxes and rents

The usufructuary must pay the tribute, life annuities and pensions of food on the property.

Article 1011.- Subrogation right of the usufructuary

If the usufructuary to pay the mortgage debt or the interest that it earns, is subrogates in the credit paid.

Article 1012.- Wear well for enjoyment ordinary

The usufructuary is not responsible for the wear and enjoy regular one.

Article 1013.- Obligation to repair the well usufructuado

The usufructuary is obliged to perform the repair of common stock and, if their guilt is in need of extraordinary works, must make them at your cost.

Article 1014.- Repairs, ordinary

Considered repairs common that require the damages that result from the normal use of the goods and are indispensable for its preservation.

The landlord may require a court for execution of the repairs. The order is placed as an incident.

Article 1015.- Additional application of the rules on improvements

The rules on improvements that are necessary, useful and recreational established for the possession apply to the usufruct.

Article 1016.- Property of fruits pending

Belong to the usufructuary to the fruits natural and mixed pending at the beginning of the usufruct; and the owner, any pending its completion.

Article 1017.- Opposition for violations of the owner

The owner may object to any act of the usufructuary that amount to an infringement of article 1008 and 1009 and ask the judge to regulate the use or exploitation. The order is placed as an incident.

Chapter three: Cuasiusufructo

Article 1018.- Usufruct of money

The usufruct of money only gives the right to receive the income.

Article 1019.- The use of a credit

The usufructuary of a credit has actions for the collection of income and you must exercise the necessary actions for which the credit is not extinguished.

Article 1020.- Collection of capital

If the usufructuary acquires the capital, it must do so in conjunction with the owner, and in this case the usufruct is transferred to the money collected.

Fourth chapter: Extinction and the modification of the usufruct

Article 1021.- Causes of extinction of the usufruct

The usufruct is extinguished by:

1. Compliance with the time limits provided for in article 1001 or established in the constitutive act.

2. Prescription resulting from the non-use of the law for five years.

3. Consolidation.

4. Death or renunciation of the usufructuary.

5. Destruction or total loss of the well.

6. Abuse to the usufructuary right of your right to alienate or deterioration of the goods, or leaving them to perish for lack of repairs ordinary. In this case, the judge declares the extinction.

Article 1022.- Usufruct in favor of several people

The usufruct constituted in favor of several persons successively extinguished on the death of the last.

If the usufruct out constituted in favor of several persons jointly, the death of any one of these will determine that the other acrezcan your right. This usage is also extinguished with the death of the last person.

Article 1023.- Destruction of good usufructuado

If the destruction of the well occurs by wilful misconduct or negligence of a third party, the usufruct is transferred to the compensation due by the responsible of the damage.

If it destroys the good given in usufruct, to be insured by the constituent or the usufructuary, the usufruct is transferred to the compensation paid by the insurer.

Article 1024.- Destruction or partial loss of the well usufructuado

If the good is subject to a usufruct is destroyed or loses a part of, the usufruct is preserved on the rest.

Article 1025.- Use on farm or building

If the usufruct is established on a farm which is part of a building that gets destroyed by age or accident, the usufructuary has the right to enjoy the land and the materials.

But if the usufruct is established only over a building that gets destroyed, the usufructuary has no right to the soil or to the materials, or to the building that the owner rebuilt at his own expense.

Title IV: Application and room

Article 1026.- Legal regime of the right-of-use

The right of use or use of a non-consumable is governed by the provisions of the previous title, as applicable.

Article 1027.- Right room

When the right of use falls on a house or part of it to serve as a dwelling place, it is estimated constituted the right of the room.

Article 1028.- Extension of the rights of use and habitation

The rights of use and habitation are extended to the family of the user, except different layout.

Article 1029.- Personal-use rights, and room

The rights of use and habitation may not be the subject of any legal act, unless the consolidation.

Title V: Surface

Article 1030.- Surface: Notion and term

May be the right surface for which the land rent has the power to temporarily have a build in a separate property on or under the surface of the soil.

This right can not last more than noventinueve years. At maturity, the owner of land acquires the property of the constructed repaying its value, unless agreed differently.

Article 1031.- Constitution or trasmisibilidad

The right surface may be constituted by an act inter vivos or by testament. This right is transmissible, unless an express prohibition.

Article 1032.- Extension of the right surface

The right surface can be extended to the use of a part of the soil, not necessary to the construction, if such party offers advantage for its best use.

Article 1033.- Survival of the right surface

The surface right is not extinguished by the destruction of what was built.

Article 1034.- The extinction of the right surface

The extinction of the right of surface matter of the termination of the rights granted by the land rent in favour of a third party.

Title VI: Easements

Article 1035.- Legal easement and conventional

The law or the owner of a property may impose liens for the benefit of the other to give right to the owner of the dominant tenement to practice certain acts of use of the premises servant, or to prevent the owner of it to exercise any of your rights.

Article 1036.- Features of bondage

Easements are inseparable from both campuses. Can only be passed on with them and there are still whatever their owner.

Article 1037.- Perpetual easement

Easements are perpetual, unless a legal provision or covenant to the contrary.

Article 1038.- Indivisibility of bondage

Easements are inseparable. Therefore, the easement must be whole to each and every one of the owners of the dominant tenement and every one of the servant.

Article 1039.- Division of the dominant tenement

If the dominant tenement is divided, the easement exists in favour of the allottees who need it, but not exceeding, the assessment of the property's servant.

Article 1040.- Easements apparent

Only the easements apparent may be acquired by prescription, by continuing possession for five years with just title and good faith, or for ten years without these requirements.

Article 1041.- Constitution of servitude by the usufructuary

The usufructuary may be easements for the term of the lease, with the owner's knowledge.

Article 1042.- Bondage of property subject to co-ownership

The property subject to co-ownership can only be encumbered with easements that if you pay your assent to all the co-owners. If there are co-owners unable to, it will require court approval, observing the rules of article 987 as they are applicable.

The co-owner may acquire easements for the benefit of the premises, common, although ignore the other co-owners.

Article 1043.- Extent and conditions of the easement

The extension and other terms and conditions of the easements are governed by the title of his constitution, and, in default thereof, by the provisions of this Code.

Any doubt about the existence of an easement, on their extent or mode of exercising it, is interpreted in the sense of least burdensome to the premises servant, but without preventing or hindering the use of the servitude.

Article 1044.- Works for the exercise of bondage

In the absence of a legal provision or covenant to the contrary, the owner of the dominant tenement will be at your cost of the works required for the exercise of the servitude, in the time and manner that are less discomfort to the owner of the premises servant.

Article 1045.- Conservation easement

The bondage is preserved by the use of a strange person, if it does so in consideration of the dominant tenement.

Article 1046.- Prohibition of increase lien

The owner of the dominant tenement may not increase the encumbrance of the premises servant by fact or act of his own.

Article 1047.- Prohibition to prevent the use of bondage

The owner of the premises servant may not prevent the exercise or impairing the use of the servitude. If by reason of place, or so the bondage is uncomfortable, may be varied if not detrimental to its use.

Article 1048.- Bondage on own good

The owner of two estates can be taxing one with easement for the benefit of the other.

Article 1049.- Extinction by total destruction

Easements are extinguished by total destruction, voluntary or involuntary, of any of the buildings, dominant, or servant, without diminution of the relative to the ground. But are revived by the reconstruction, always made use of them.

Article 1050.- Extinction due to lack of use

Easements are extinguished in all cases no use for five years.

Article 1051.- Legal easement of passage

The legal easement of way is established for the benefit of the premises that do not have output the public roads.

This easement ceases when the owner of the dominant tenement acquires another that will output or when you open a path to immediate access to this site.

Article 1052.- S of the legal easement of passage

The bondage of the article 1051 is expensive. The valorizársela, should also be taken into account the damages resulting to the owner of the premises servant.

Article 1053.- Easement free

The one who acquires an estate nestled in another of the transferor acquired free of charge, the right-of-way.

Article 1054.- Amplitude of the way in the right-of-way

The amplitude of the road will be fixed according to the circumstances.

Section four: Rights in rem guarantee

Title I: Garment

Article 1055 until 1090.- [Repealed]*

* Items are repealed by the Law 28677published on march 1, 2006 (link: lpd.pe/2X4XP).

Title II: Anticresis

Article 1091.- Definition of anticresis

By the anticresis is delivered to a property security for a debt, granting to the creditor the right to exploit it and to perceive their fruits.

Article 1092.- Formalities

The contract will be awarded by a public deed, under penalty of nullity, expressing the income of the property and the interest that is agreed upon.

Article 1093.- Imputation of income of the property

The income of the property applied to the payment of interest and expenses, and the balance in the capital.

Article 1094.- Obligations of the creditor anticrético

The obligations of the creditor are the same as the tenant, except to pay the rent.

Article 1095.- Retention of the property by other debt

The creditor can not hold the property for another's debt, if you were not granted this right.

Article 1096.- Standards for extra applicable

Are applicable to the anticresis the rules established for the garment in which they do not oppose those set forth in this title.

Title III: Mortgage

Chapter one: general Provisions

Article 1097.- Notion of mortgage

For the mortgage affects a property as security for the performance of any obligation, himself or a third party.

The warranty does not determine the dispossession and gives the creditor the rights of persecution, preference, and judicial sale of the mortgaged property.

Article 1098.- The formality of the mortgage

The mortgage is constituted by public deed, unless a different provision of the law.

Article 1099.- Conditions for the validity of the mortgage

Are requirements for the validity of the mortgage:

1. Affecting the well owner or someone authorized to that effect in accordance with law.

2. To ensure the fulfillment of an obligation determined or determinable.

3. The lien is in the amount determined or determinable, and is recorded in the registry of real estate.

Article 1100.- Character real estate mortgage

The mortgage must be placed on real property specifically determined.

Article 1101.- Extension of the mortgage

The mortgage extends to all the parties involved in the mortgaged property, its accessories, and the amount of compensation from the insurance and condemnation, unless agreed differently.

Article 1102.- Indivisibility of the mortgage

The mortgage is indivisible, and subsists entirely on all of the mortgaged property.

Article 1103.- Mortgage on a set of assets that make up an economic exploitation

The parties to the contract can be considered as a single unit for the purposes of the mortgage, the entire economic exploitation that form a set of property states and / or dependent on each other.

Article 1104.- Guarantee of future obligation or eventual

The mortgage may secure a future obligation or eventually.

Article 1105.- Mortgage subject to mode

The mortgage can be constituted on the condition or period of time.

Article 1106.- Prohibition of mortgage assets future

You can not constitute a mortgage on property in the future.

Article 1107.- Coverage of the mortgage

The mortgage covers the capital, interest-bearing, the insurance premiums paid by the creditor and the costs of the trial.

Article 1108.- Warranty of title communicable

The incorporation deed of mortgage to secure titles communicable by endorsement, or to bearer, shall, in addition to the circumstances of the constitution of the mortgage, those relating to the number and value of securities to be issued and to ensure that the mortgage; the series or series to which they apply; the date or dates of issuance; the period and the way in which must be repaid; the appointment of a trustee; and others that serve to determine the terms of such securities.

Article 1109.- Mortgage of several buildings

The mortgagee whose mortgage involve a number of real estate may, at its discretion, to pursue all of them simultaneously, or only one, even if they belonged to or passed to the property of different people or existieren other mortgages. However, the judge may, for good cause, to set an order for the sale of the property affected.

Article 1110.- An earlier performance of obligation

If the mortgaged property is lost or impaired so that they are insufficient, it can be ordered in the fulfillment of the obligation even if it is not the expiration of the term, except that it is guaranteed to the satisfaction of the creditor.

Article 1111.- Invalidity of the covenant comisorio

Although non-compliance with the obligation, the creditor does not acquire the ownership of the property by the value of the mortgage. Is null the agreement to the contrary.

Second chapter: the Range of mortgages

Article 1112.- Preference of mortgages

The mortgage will be given preference by reason of his seniority according to the date of registration, except when they exceed their range.

Article 1113.- Mortgage-further

Can't waive the right of taxing the well with second and subsequent mortgages.

Article 1114.- Assignment of preferential rank

The preferred creditor may assign its range to another mortgage lender. So that the transfer has effect against the debtor is required to accept or be communicated convincingly.

Chapter three: Reduction of the mortgage

Article 1115.- Reduction in the amount of the mortgage

The amount of the mortgage may be reduced by agreement between the creditor and debtor.

The reduction will only have effect against third party after your enrollment in the registry.

Article 1116.- Reduction in court of the amount of the mortgage

The mortgagor may request the judge to the reduction of the amount of the mortgage, if it has decreased the amount of the obligation. The request is processed as an incident.

Chapter four: Effects of the mortgage as against third parties

Article 1117.- Personal action and real action of the creditor

The creditor can demand payment from the debtor, by the personal action; or the third purchaser of the mortgaged property, using the real action. The exercise of one of these actions does not exclude the other, nor the fact of directing it against the debtor, prevents run the good that is in the possession of a third party, unless different provision of the law.

Chapter five: legal Mortgages

Article 1118.- Legal mortgages

In addition to the legal mortgages established in other laws, you acknowledge the following:

1. The property disposed of without that its price has been fully paid, or has been using money from a third party.

2. The property for the manufacture or repair has provided work or materials by the contractor and by the amount that the purchaser is obligated to pay you.

3. The real estate acquired in a partition with the obligation to make repayments on other money of the owners.

Article 1119.- Incorporation and registration of legal mortgage

Legal mortgages referred to in article 1118 constitute a full-fledged and register office, under the responsibility of the registrar, simultaneously with the contracts from which they emanate.

In other cases, the right of the creditor arises from the recording of the mortgages, legal in the registry. Persons in whose favour acknowledge such mortgage, may require the granting of the instruments required for registration.

Article 1120.- Waiver and assignment of range

Legal mortgages are waivable and may also be assigned their rank compared to other legal mortgages and conventional.

The resignation and the transfer can be done summer research early and unilaterally.

Article 1121.- Rules applicable to the legal mortgage

The rules of the articles 1097 to 1117 and 1122 apply to the legal mortgages as they are applicable.

Chapter six: Extinction of the mortgage

Article 1122.- Causes of extinction of the mortgage

The mortgage ends on:

1. Extinction of the obligation guaranteed.

2. Cancellation, rescission or resolution of such obligation.

3. Written waiver by the creditor.

4. Total destruction of the property.

5. Consolidation.

Title IV: Right of retention

Article 1123.- Right of retention

By the lien of a creditor holds in his power the good of his debtor if your credit is not sufficiently guaranteed. This law applicable in the cases established by law or when there is a connection between the credit and the good that is to be retained.

Article 1124.- Property not capable of retention

The retention may not be exercised on the property at the time of receipt are intended to be deposited or presented to another person.

Article 1125.- Indivisibility of the right of retention

The right of retention is indivisible. May be exercised by any credit or for the outstanding balance, and on the totality of the goods that are in the possession of the creditor or on one or several of them.

Article 1126.- Limit and cessation of the right of retention

The retention is exercised as to be sufficient to satisfy the debt that motivates and ceases when the debtor to pay or guarantee.

Article 1127.- Exercise judicial and extra-judicial retention*

The right of retention is exercised:

1. Out-of-court, refusing the delivery of the product until it meets the obligation on which it is invoked.

2. The court, as the exception that opposes the course of action designed to achieve the delivery of the product. The judge may authorize the replacement of the right of retention by a sufficient guarantee.

* The official edition of the DL 295, published on July 25, 1984, luggage, erroneously, the term "non-compliance".

Article 1128.- Registration or preventive annotation of the right of retention

To the right of withholding tax on real estate to take effect against third parties, must be registered in the registry of real estate.

You can only exercise a right of retention against a transferee for consideration who has registered their right of property, if the lien was recorded prior to the acquisition.

With respect to the property not registered, the lien can be recorded using the annotation remand extended by court order.

Article 1129.- Seizure and sale of the mortgaged property

The right of retention does not prevent the seizure and auction of the well, but the purchaser may not withdraw the power of the retainer, but delivered him up to the auction price, in what will be sufficient to cover its credit, and except for the preference of mortgage that may exist.

Article 1130.- Invalidity of the covenant comisorio*

Although non-compliance with the obligation, the retainer does not acquire ownership of the property retained. Is null and void the covenant to the contrary, with the exception of cases of adjudication of the property to the creditor agreed under the Legislative Decree that approves the Regime of Collateral Securities.

* Article amended by the Third Additional Provision Amending the DL 1400published on September 10, 2018 (link: lpd.pe/28yjy), which included the text stated (emphasis added). The DL 1400 shall be effective as of the business day following the operation of the databases of the SIGM, in accordance with the Legal Reports 325-2018-JUS/DGDNCR and 331-2018-JUS/DGDNCR. Please note that the Legal Consultation 059-2018-JUS/DGDNCR concluded that the Law 28677, Law of Collateral Securities, has been applied prior to the modification made by the DL; therefore, in practice, the "vacatio legis" on this provision does not generate legal effects.

Article 1131.- Application of the right of retention

The rules of this title are applicable to all the cases in which the law recognizes the right of retention, without prejudice to the precepts special.

BOOK VI: OBLIGATIONS

First section: The obligations and the modalities of

Title I: Obligations to give

Article 1132.- The obligation to give true

The creditor while you may not be required to receive other, although this is of greater value.

Article 1133.- Obligations to provide goods certain

The obliged to give a set of goods certain report on its state, when requested by the creditor.

Article 1134.- Scope of the obligation to give true

The obligation of giving also includes the preserve of the well up to its delivery.

The well is to be delivered with its accessories, unless otherwise resulting from the law, the title of the obligation or of the circumstances of the case.

Article 1135.- Concurrence of creditors of the real estate property

When the well is the property and attend various creditors of the same debtor has bound himself to give it up, is preferred to the creditor in good faith, the title of which has first been registered or, in the absence of registration, the creditor whose title is of earlier date. It is preferred, in this latter case, the title that consists of document date oldest.

Article 1136.- Concurrence of creditors of fine furniture

If true that should be delivered is a piece of furniture, and what with competing claims of various creditors of the same debtor had been obliged to give it up, will be preferred to the creditor in good faith to whom the debtor made a tradition of it, although its title is from a later date. If the debtor did not make a tradition of good, will be preferred to the creditor, whose title is of earlier date; to prevail, in this latter case, the title that consists of document date oldest.

Article 1137.- Loss of the good

The loss may well occur:

1. Perish or be worthless to the creditor for partial damage.

2. Disappear so that you may not have heard of him, or, even them, can not recover.

3. By getting out of the trade.

Article 1138.- Risk theory in obligations to give true

In obligations to give goods certain to observe, to delivery, to the following rules:

1. If the well is lost through the fault of the debtor, its obligation is settled; but the creditor is no longer required to be your consideration, if any, and the debtor is subject to the payment of appropriate compensation.

If, as a consequence of the loss, the debtor obtains a compensation or acquires a right against a third party in the replacement of the service owed, the creditor can require the delivery of such damages or replaced to the debtor in the ownership of the right against the third party. In these cases, the award of damages is reduced by the corresponding amounts.

2. If the good is damaged by fault of the debtor, the creditor may choose to settle the obligation, or by receiving the good in the state and require the reduction of the compensation, if any, and the payment of the corresponding compensation for damages, will be applied, in this case, the provisions of the second paragraph of subsection 1. If the impairment is of little importance, the creditor may demand the reduction of the compensation, in your case.

3. If the well is lost through the fault of the creditor, the obligation of the debtor is resolved, but it retains the right to the compensation, if any. If the debtor obtains some benefit with the resolution of your obligation, its value reduces the payment by the creditor.

4. If the good is damaged by the fault of the creditor, it has the obligation to receive it in the state in which it is found, without any reduction of the compensation, if any.

5. If the well is lost without the fault of the parties, the obligation of the debtor is resolved, with the loss of the right to the compensation, if any. In this case, correspond to the debtor the rights and actions that have been related to the well.

6. If the asset deteriorates without the fault of the parties, the debtor suffers the consequences of the deterioration, and effected a proportional reduction of the consideration. In such a case, correspond to the debtor the rights and actions that might lead to the deterioration of the well.

Article 1139.- Presumption of fault of the debtor

It is presumed that the loss or deterioration of the good in the possession of the debtor is fault of his own, in the absence of proof to the contrary.

Article 1140.- Loss of right in obligation from crime or offence

The debtor is not exempted from paying the value of the true, although it has lost without guilt, when the obligation comes from crime or offence. This rule does not apply if the creditor has been made in mora.

Article 1141.- Costs of conservation

The maintenance costs are borne by the owner from which contracts the obligation until the delivery. If those who engage in them is not the person who was carrying out these steps, the owner must repay the money spent, the more their interests.

Article 1142.- Goods uncertain

Property uncertain should be indicated, at least, by his kind and amount.

Article 1143.- Rules for choice of well-uncertain

In obligations to give certain goods only for their kind and number, the choice is left to the debtor, unless otherwise resulting from the law, the title of the obligation or of the circumstances of the case.

If the choice is left to the debtor, you must choose the goods quality not lower than the average. If the choice is left to the creditor, you must choose the goods quality is not higher than average. If the choice is left to a third party, you must choose goods of average quality.

Article 1144.- Judicial deadline for choice

To lack of time for the election, it is for the judge to fix it.

If the debtor ignores make the choice within the period established or fixed by the judge, it corresponds to the creditor. The same rule applies when the choice must practice the creditor.

If the choice is entrusted to a third party and it does not carried out, shall be made by the judge, without prejudice to the right of the parties to require that the payment of the compensation due for breach.

Article 1145.- Irrevocability of election

The election is irrevocable after you run the provision. The choice, communicated to the other party, or both if the practice of a third party or the judge, has the same effects.

Article 1146.- Effects prior to the individualization of well-uncertain

Before the individualization of the good, not the debtor may exempt themselves from the delivery invoking the loss no fault of their own.

This rule does not apply when the choice must be made between certain goods of the same kind, and all of them are lost without the fault of the debtor.

Article 1147.- Rules applicable after the election

Practiced the choice, apply the established rules on obligations to give real certain.

Title II: Obligations of do

Article 1148.- Term and mode of obligations to do

The forced execution of a fact must comply with the provision in the time and manner agreed upon or, in default, in that required by the nature of the obligation, or the circumstances of the case.

Article 1149.- Performance of the obligation by a third party

The delivery can be carried out by a person other than the debtor, to not be that of the covenant or of the circumstances, it appears that this was chosen due to his personal qualities.

Article 1150.- Options of a creditor for non-fulfillment of obligations

The breach of the obligation to make the fault of the debtor, entitles the creditor to opt for any of the following measures:

1. Require the forced execution of the fact promised to not be necessary for this purpose to employ violence against the person of the debtor.

2. Require that the delivery be executed by someone other than the debtor and for the account of the latter.

3. Leave without effect the obligation.

Article 1151.- Options of the creditor in execution partial, late, or defective*

In partial fulfillment, late or defective than the obligation to make the fault of the debtor, it allows a creditor to take any of the following measures:

1. As referred to in article 1150, subsections 1 or 2.

2. Consider not executed the delivery, if it is not useful to him.

3. Require the debtor to the destruction of what is done or destroy it on account of him, if he would be detrimental.

4. Ok the services performed, demanding that they reduce the compensation, if any.

* The original text of the Civil Code states "non-compliance". However, although there is no record of a list of errata, in the official publications later appropriated the word "compliance".

Article 1152.- Creditor's right to compensation

In the cases provided for in articles 1150 and 1151, the creditor also has a right to demand payment of the appropriate compensation.

Article 1153.- Poor compliance without fault of the debtor

In partial fulfillment, late or defective than the obligation to make, without fault of the debtor, it allows the borrower to opt out of the provisions in article 1151, paragraphs 2, 3, or 4.

Article 1154.- Impossibility of delivery by the fault of the debtor

If the delivery is impossible due to the fault of the debtor, its obligation is resolved, but the creditor is no longer required to be your consideration, if any, without prejudice to its right to require the payment of appropriate compensation.

The same rule applies if the impossibility to provide ensues after the constitution in default of the debtor.

Article 1155.- Impossibility of delivery by the fault of the creditor

If the delivery is impossible due to the fault of the creditor, the obligation of the debtor is resolved, but it retains the right to the compensation, if any.

The same rule applies when the fulfillment of the obligation depends on a provision upon the creditor and, upon the filing of the impossibility, it would have been made in mora.

If the debtor obtains some benefit with the resolution of the obligation, its value reduces the payment by the creditor.

Article 1156.- Impossibility of performance without the fault of the parties

If the provision is impossible without the fault of the parties, the obligation of the debtor is resolved. The debtor must be returned in this case what the creditor by reason of the obligation has received, is entitled to the rights and actions which had been relating to the provision have not yet been fulfilled.

Article 1157.- Replacement of a creditor for non-fulfillment culpable

If, as a consequence of the non-fulfillment by the fault of the debtor that obtains a compensation or acquires a right against a third party in the replacement of the service owed, the creditor can require the delivery of such compensation or replace the debtor in the ownership of the right against the third party. In these cases, the award of damages is reduced by the corresponding amounts.

Title III: Obligations not to do

Article 1158.- Rights of creditor by a culpable violation

The failure by the fault of the debtor of the obligation not to do, authorizes the creditor to opt for any of the following measures:

1. Require the forced execution, not to be necessary for this purpose to employ violence against the person of the debtor.

2. Require the destruction of the run, or to destroy it for the account of the debtor.

3. Leave without effect the obligation.

Article 1159.- Compensation

In the cases provided for by article 1158, the creditor also has a right to demand payment of the corresponding compensation for damages.

Article 1160.- Rules applicable to obligations not to do

Are applicable to the obligations not to do, the provisions of articles 1154, first paragraph, 1155, 1156 and 1157.

Title IV: Obligations alternatives and optional

Article 1161.- Features alternatives

The bound alternatively to a variety of features, only you must comply with all of them.

Article 1162.- Rules for choice of performance alternatives

The choice of the provision corresponds to the debtor, if it has not been attributed this ability to the creditor or to a third party.

Who should practice the choice will not be able to choose part of a provision and part of another.

Are applicable to these cases, the rules of article 1144.

Article 1163.- Ways of making the choice

The choice is made with the implementation of a performance, or with the declaration of the election, and communicated to the other party, or both if the practice of a third party or the judge.

Article 1164.- Choice in obligation of benefits regular

When the obligation alternative is to benefit a regular basis, the choice made for a period agrees to the following, unless otherwise resulting from the law, the title of the obligation or of the circumstances of the case.

Article 1165.- Rules of impossibility of performance chosen by debtor

When the choice is left to the debtor, the inability of one or more features are governed by the following rules:

1. If all the benefits are impossible for reasons attributable to the debtor, the obligation is settled and it must be returned to the creditor the consideration, if any, and also must pay the corresponding compensation for damages referred to the last service that was impossible.

2. If some features are impossible, the debtor chooses between the remaining.

3. If all the benefits are impossible due to causes not attributable to the debtor, it extinguishes the obligation.

Article 1166.- Rules of impossibility of performance chosen by the lender, third party or judge

When the choice is left to the creditor, a third party or the judge, the inability of one or more features are governed by the following rules:

1. If all the benefits are impossible for reasons attributable to the debtor, the obligation is settled and it must be returned to the creditor the consideration, if any, and also must pay the corresponding compensation for damages related to the delivery impossible for the creditor point.

2. If some features are impossible for reasons attributable to the debtor, the creditor may choose any of the surviving; to have, where applicable, that third party or the judge to choose from; or declare resolved the obligation. In this latter case, the debtor will return the payment to the creditor, if any, and pay the corresponding compensation for damages related to the delivery impossible for the creditor point.

3. If some features are impossible without the fault of the debtor, the choice is practiced among the outstanding.

4. If all the benefits are impossible without the fault of the debtor, it extinguishes the obligation.

Article 1167.- Obligation alternative simple

The obligation alternative is considered simple if all benefits, except one, are void or unenforceable for reasons not attributable to the parties.

Article 1168.- Obligation optional

The obligation optional is determined solely by the performance of the principal obligation which forms the object of it.

Article 1169.- Extinction of obligation optional

The obligation optional is extinguished when the performance of the principal obligation is void or impossible, although the provision accessory to be valid or enforceable.

Article 1170.- Conversion obligation optional simple

The obligation facultative becomes simple if the provision accessory is void or unenforceable.

Article 1171.- Assumption of obligation optional

In case of doubt whether the obligation is alternative or optional, it is optional.

Title V: Obligations divisible and indivisible

Article 1172.- Division of debts and credits

If there are several creditors or debtors of a provision severable, and the obligation is not supportive, each one of the creditors can only ask for the satisfaction of the portion of the credit that is due, in so much that each one of the debtors is liable to pay its portion of the debt.

Article 1173.- Presumption of division into aliquots

On the obligations to be severable, the credit or debt are presumed to be divided into as many equal parts as creditors or debtors exist, reputándose credits or debts distinct and independent of each other, unless otherwise resulting from the law, the title of the obligation or of the circumstances of the case.

Article 1174.- Inoponibilidad of the benefit of division

The benefit of the division may not be opposed by the heir of the debtor in charge of carrying out the provision, by anyone in possession of the thing due or the person who acquires the property that secures the obligation.

Article 1175.- Obligations indivisible

The obligation is indivisible when it is not susceptible of division or partial compliance by mandate of the law, by the nature of the provision or by the manner in which it was considered to be formed.

Article 1176.- Rights of a creditor of the obligation undivided

Any of the creditors may require any of the debtors of the total execution of the obligation is indivisible. The debtor is released together with all the creditors, or any of them, if this warrant to the other for the reimbursement of their share in the obligation.

Article 1177.- Effects of Indivisibility

The indivisibility also operates in respect of the heirs of the creditor or of the debtor.

Article 1178.- Consolidation between the creditor and one of the debtors

The consolidation between the creditor and one debtor does not extinguish the obligation, in respect of the other co-debtors. The creditor, however, may only require the provision reimbursing the co-debtors the value of the part which he had in the obligation or guaranteeing the refund.

Article 1179.- Novation between debtor and creditor

Novation between the debtor and one creditor does not extinguish the obligation, in respect of the other coacreedores. These, however, may not require the provision indivisible but refund to the debtor the value of the part of the original service corresponding to the creditor that novó or guaranteeing the refund.

The same rule applies in the case of compensation, debt, consolidation, and transaction.

Article 1180.- Conversion obligation indivisible obligation to indemnify

The obligation is indivisible is resolved in the to pay damages. Each one of the debtors is liable for the full amount of the compensation, except those who have been willing to meet, who will only contribute to the compensation with the portion of the value of the benefit that corresponds to them.

Article 1181.- Rules applicable to the obligations indivisible

The obligations indivisible is governed, in addition, for the articles 1184, 1188, 1192, 1193, 1194, 1196, 1197, 1198, 1199, 1203 and 1204.

If the obligation is indivisible is solidarity, we apply the rules of solidarity, as well as provided for in article 1177.

Title VI: Obligations joint and several

Article 1182.- Legal regime of obligations joint

The obligations joint are governed by the rules of the obligations to be severable.

Article 1183.- An express solidarity

Solidarity is not presumed. Only the law or the title of the obligation set by express.

Article 1184.- Modalities of the joint obligation

Solidarity is not excluded by the circumstance that each of the debtors is bound with different modalities to the creditor, or of the common debtor is required with different modalities to creditors.

However, in the case of conditions or timelines, suspension, may not be required for the fulfillment of the obligation affected by them until the condition is met or the expiry of the term.

Article 1185.- Payment by the debtor to one creditor solidaridarios

The debtor may make payment to any of the joint and several obligees, even when he had been sued by only one.

Article 1186.- Enforceability of debt in the event of solidarity passive

The creditor may proceed against any one of the joint debtors or against all of them simultaneously.

The claims brought against one, will not be an obstacle to those subsequently be directed against the others, while not be paid the debt in full.

Article 1187.- Transmission of joint obligation

If it dies, one of the joint debtors, the debt is divided among the heirs in proportion to their respective shares in the inheritance.

Similar rule applies in the case of the death of one of the joint and several obligees.

Article 1188.- Extinction of solidarity

Novation, compensation, forgiveness or transaction between the creditor and one of the obligors on the entirety of the obligation, frees the other co-debtors.

In these cases, the relationships between the debtor who practiced such acts and his co-debtors, are governed by the following rules:

1. In a novation, the co-debtors respond, at his choice, for his part in the obligation primitive or by the proportion that would have been in the new obligation.

2. In compensation, the co-debtors are accountable for their part.

3. In the forgiveness, it extinguishes the obligation of the co-debtors.

4. In the transaction, the co-debtors respond, your choice, for his part in the original obligation, or by the proportion that would have been the benefits resulting from the transaction.

Article 1189.- Extinction partial solidarity

If the acts mentioned in the first paragraph of article 1188 were limited to the part of only one of the debtors, the others are not released, but as to that part.

Article 1190.- Extinguishing all or part of the solidarity between debtor and creditor

When the acts referred to in article 1188 are made between the debtor and one of the joint and several obligees on the entirety of the obligation, it is extinguished with respect to the other coacreedores. The creditor that would have made any of these acts, as well as the charges of the debt, shall be liable to the other part that corresponds to them in the original obligation.

If such acts had been limited to the part that corresponds to one of the creditors, the obligation is extinguished only with respect to such party.

Article 1191.- Extinction part of the solidarity for consolidation

The consolidation operated in one of the creditors or obligors only extinguishes the obligation on the part corresponding to the creditor or the debtor.

Article 1192.- Exceptions prejudicial to creditors or joint and several obligors

Each one of the creditors or joint debtors can only oppose the exceptions that they are personal and common to all creditors or debtors.

Article 1193.- Effects of the sentence of judgment between creditors and debtors

The judgment pronounced in the trial between the creditor and one of the joint debtors, or between the debtor and one of the joint and several obligees, it has no effect against the other co-debtors or coacreedores, respectively.

However, the other debtors may oponerla to the creditor, except that it is based on the personal relations of the debtor who is litigated. In turn, the other creditors can enforce it against the debtor, unless the personal exceptions to this can be contrasted to each one of them.

Article 1194.- Mora in joint obligations

The constitution, in default of one of the debtors or creditors in solidarity does not take effect with respect to the other.

The constitution in default of the debtor by one of the joint and several obligees, or of the creditor by one of the obligors is in favour of the other.

Article 1195.- Effects of culpable breach of one or more joint debtors

The breach of the obligation due to causes attributable to one or several co-debtors, does not release the others from the obligation to pay jointly and severally the value of the benefit due.

The creditor can ask for the compensation of damages to the co-signer or, jointly and severally, to the co-debtors responsible for non-compliance.

Article 1196.- Effects of the interruption of the limitation period

The acts by which the creditor interrupts the prescription against one of the joint debtors, or one of the joint and several obligees interrupts the prescription against the common debtor, spring effect with respect to the other debtors or creditors.

Article 1197.- Effects of suspension of limitation period

The suspension of limitation period in respect of one of the debtors or creditors in solidarity has no effect for others.

However, the debtor is required to pay, you can repeat against joint debtors, even if they have been released by prescription. And, in turn, the creditor charged, in respect of which would have suspended the prescription, responds to their coacreedores of the share in the obligation.

Article 1198.- Effects of waiver of limitations

The waiver of the prescription by one of the co-debtors solidarity does not take effect with respect to the other. The debtor who had renounced to the prescription, you may not repeat against joint debtors released by prescription.

The waiver of prescription in favor of one of the joint and several obligees, favors to others.

Article 1199.- Acknowledgement of debt by a joint and several obligor

The recognition of the debt by one of the obligors, no effect with respect to the other co-debtors.

If you practice recognition by the debtor against one of the joint and several obligees, is in favour of the other.

Article 1200.- Waiver by the creditor to the solidarity in favor of a debtor

The creditor waives, to the solidarity in favor of one of the debtors, retains the solidarity action against the other.

The creditor who gives the receipt to one of the debtors or triggering legal action against him, by his part, and without reservation, the renunciation of solidarity.

Article 1201.- Assessment of insolvency of a co-signer

If the creditor waives, to the solidarity in respect of one of the debtors, and the other is insolvent, the portion of it is distributed pro rata among all the co-debtors, including the one that was released from the solidarity.

Article 1202.- Loss of solidarity action

The creditor, without reservation, you receive one of the obligors part of the fruit or of the interest owed, he loses against him the solidarity action for the balance, but the preserves in terms of the fruits or future interests.

Article 1203.- Presumption of equal division of joint obligation

In the internal relations, the joint obligation is divided between the various debtors or creditors, unless it has been contracted in the exclusive interest of any of them.

The portions of each of the debtors or, in your case, creditors, are presumed equal, unless the contrary is of the law, the title of the obligation or of the circumstances of the case.

Article 1204.- Insolvency of a co-signer

If any of the co-debtors is insolvent, his share is distributed to the other, in accordance with their interest in the obligation.

If the co-signer whose sole interest was assumed the obligation is insolvent, the debt is distributed by equal portions among others.

Title VII: Recognition of the obligations

Article 1205.- Formality in the recognition of obligations

The recognition may be made by will or by act inter vivos. In this latter case, to constitute the obligation primitive had been prescribed any particular form, the recognition must be performed in the same way.

Title VIII: Transmission of the obligations

Chapter one: Transfer of rights

Article 1206.- Transfer of rights

The assignment is the act of disposition in virtue of which the assignor gives the assignee the right to demand performance from your debtor, who has been forced to transfer by a different title.

The transfer can be done even without the consent of the debtor.

Article 1207.- Formality of assignment of rights

The assignment must be in writing, under penalty of nullity.

When the act or contract that constitutes the title of the transfer of the right in writing, this document serves as a record of the assignment.

Article 1208.- Rights that may be assigned

Can be assigned rights that are the subject of controversy judicial, arbitral or administrative.

Article 1209.- The assignment of the right to participate in estate

You can also be granted the right to participate in an estate already caused, and the transferor is obliged to ensure their quality of heir.

Article 1210.- Ineffectiveness of the Assignment

The transfer may not take place when it is opposed to the law, the nature of the obligation, or the pact with the debtor.

The covenant which prohibits or restricts assignment is enforceable against the assignee in good faith, if it consists of the instrument by which it is constituted obligation or proof that the transferee knew him at the time of the transfer.

Article 1211.- Scope of the assignment of rights

The transfer of rights comprises the transmission to the assignee of the privileges, guarantees, real and personal, as well as the accessories of the law passed, unless otherwise stated.

In the case of a good given in pledge, must be delivered to the assignee, if it were in the possession of the assignor, but not if it was in the possession of a third party.

Article 1212.- Guarantee of the right assigned

The assignor is obliged to ensure the existence and enforceability of the right assigned, unless agreed differently.

Article 1213.- Warranty of the solvency of the debtor

The transferor is not required to guarantee the solvency of the debtor, but if it does, it responds within the limits of what he has received and is bound to the payment of interest and repayment of the expenses of the transfer and of the transferee has been made to run to the debtor, unless agreed differently.

Article 1214.- Legal assignment

When the transfer operates by operation of law, the transferor does not respond to your reality, or the solvency of the debtor.

Article 1215.- Onset of the effects of the transfer

The assignment takes effect against the debtor since it accepts or is communicated convincingly.

Article 1216.- The exception of the release of the debtor for the compliance of the provision

The debtor prior to the communication or the acceptance, meets the provision with respect to the transferor, it is not released to the assignee if this proof that the debtor knew of the assignment done.

Article 1217.- [Repealed]*

* Article repealed by the Law 28677published on march 1, 2006 (link: lpd.pe/2X4XP).

Second section: Effects of obligations

Title I: general Provisions

Article 1218.- Trasmisibilidad of the obligation

The obligation is passed on to the heirs, except when it is inherent to the person, prohibited by law or has been agreed to the contrary.

Article 1219.- Rights and remedies of the creditor, the effect of the obligations

Is the effect of the obligations to authorize the creditor to the following:

1. To use legal measures to ensure that the debtor will seek that which is required.

2. Procure the provision of, or have to seek for another, at the expense of the debtor.

3. To obtain the debtor's compensation.

4. To exercise the rights of the debtor, either in the way of action, or to assume his defense, with the exception of those which are inherent to the person, or where prohibited by law. The creditor is entitled to exercise the rights referred to in this subsection, you do not need to seek prior permission of court, but you will need to quote your debtor in the trial that promotes it.

It is possible to exercise simultaneously the rights provided for in this article, except for the cases of subsections 1 and 2.

Title II: Payment

Chapter one: general Provisions

Article 1220.- Notion of payment

It is understood the payment is made only when it has run its full performance.

Article 1221.- Indivisibility of the payment

Can't compelerse the creditor to receive part of the subject of the obligation, unless the law or the contract instructed to do so.

However, when the debt has a liquid part, and the other ilíquida, may require the creditor the payment of the first, without waiting that is settled the second.

Article 1222.- Payment by third party

You can do the payment by any person, whether or not interest in the fulfillment of the obligation, with the assent of the debtor or without him, except that the covenant, or in their nature to do.

Who pays without the assent of the debtor, may only require the restitution of that which it would have been useful to the payment.

Article 1223.- Legal ability to make the payment

It is valid for the payment of a person who is in legal ability of sending.

However, who in good faith has received payment in goods which are consumed by use or money of those who could not pay, it is only obliged to return what he had not consumed or spent.

Article 1224.- Legally entitled to receive the payment

Is valid only to the payment made to the creditor or designated by the judge, by the law or by the creditor, except that, made unauthorized person, the creditor ratifies or take advantage of him.

Article 1225.- Payment to a person entitled to charge

Extinguishes the obligation to the payment made to a person who is in possession of the right-of-charge, even after you remove the possession or stating that they didn't.

Article 1226.- Presumption of authorization to collect

The bearer of a bill is said to be authorized to receive the payment, unless the circumstances and whatnot to support this presumption.

Article 1227.- Payment to unable to

The payment made to unable to without the consent of their legal representatives, does not extinguish the obligation. If it is proved that the payment was useful for the incapable, it extinguishes the obligation on the part paid.

Article 1228.- Inefficiency of the payment

The payment made by the debtor after notified in court that they do not check, do not extinguish the obligation.

Article 1229.- Proof of payment

The payment proof lies on the person intended to have made.

Article 1230.- Withholding of payment

The debtor may retain the payment as we will not be given the corresponding receipt.

In the case of debts whose receipt is the return of the title, lost it, who is in fitness to verify the payment can retain it, and to require the creditor to the judicial declaration that includes the title lost.

Article 1231.- Presumption of payment in full

When the payment is to be made in installments, the receipt of some or the last, in your case, it does boast the payment of the preceding, unless the contrary is proved.

Article 1232.- Presumption of payment of interest

Receipt of payment of the sum awarded, without reserve, interest, does boast the payment thereof, unless the contrary is proved.

Article 1233.- Payment securities

The delivery of securities which are commands or promises of payment, only extinguished the obligation primitive when they have been paid, or when through the fault of the creditor they had been harmed, unless otherwise stated.

In the meantime, the action derived from the obligation primitive shall be suspended.

Article 1234.- Unenforceability of payment in a currency other than

The payment of a debt incurred in national currency may not be required in currency other than, or in an amount other than the nominal amount originally agreed upon.

Article 1235.- Theory valorista

Notwithstanding the provisions of article 1234, the parties may agree that the amount of a debt incurred in national currency, is referred to indices of auto reset fixed by the Central Reserve Bank of Peru, other currencies or goods, in order to keep this amount constant value.

The payment of the debts referred to in the previous paragraph shall be made in national currency, in the amount equivalent to the value of reference, to the day of expiration of the obligation.

If the debtor would delay the payment, the creditor may demand, at its election, to the debt to be paid to the value of reference to the day of the maturity of the obligation, or the day on which payment is made.

Article 1236.- Calculation of the value of the payment*

When you need to revert the value of a benefit, that is calculated to have the day of payment, unless otherwise provided by the different legal or otherwise.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. Law 26598published on April 24, 1996 (link: lpd.pe/krGmP).

Article 1237.- Debt contracted in foreign currency*

Can be arranged obligations in foreign currency are not prohibited by special laws.

Unless otherwise agreed, the payment of a debt in foreign currency may be made in national currency at the exchange rate of sale of the day and place of the expiration of the obligation.

In the case referred to in the previous paragraph, if there were not mediated otherwise agreed in regard to the currency of payment, and the debtor would delay the payment, the creditor may demand, at its election, to the payment in national currency the exchange rate of sale on the date of maturity of the obligation, or to govern the day of payment.

* Article replaced by the D-L 25878published on 26 November 1992 (link: lpd.pe/pEqr3).

Article 1238.- Place of payment

The payment must be made at the domicile of the debtor, unless otherwise prescribed, or that it is of the law, of the nature of the obligation or of the circumstances of the case.

Designated several locations for the payment, the creditor may choose any of them. This rule applies with respect to the debtor, when the payment is to be made at the domicile of the creditor.

Article 1239.- Change of address of the parties

If the debtor changes of address, having been designated as a place for the payment, the creditor may demand it in the first address or the new one.

The same rule applies, with respect to the debtor, when the payment should be checked at the domicile of the creditor.

Article 1240.- Term of payment

If it had not designated time period, the creditor can demand payment immediately after contracted the obligation.

Article 1241.- Payment fees

The expenses incurred in the payment of the debtor's account.

Second chapter: Payment of interest

Article 1242.- Interest deduction and moratorium

The interest is compensatory when it constitutes consideration for the use of money, or of any other right.

Is the delayed payment terms is intended to compensate the delay in payment.

Article 1243.- Maximum rate of interest conventional

The maximum rate of interest conventional compensatory or moratorium, is fixed by the Central Reserve Bank of Peru.

Any excess of the maximum rate gives rise to the repayment or the imputation to the capital, at the will of the debtor.

Article 1244.- Interest rate on legal

The rate of legal interest is fixed by the Central Reserve Bank of Peru.

Article 1245.- Payment of legal interest to the absence of an agreement

When you need to be paid interest, without having set the rate, the debtor must pay the statutory interest.

Article 1246.- Payment of interest for late payment

If you have not agreed to the interest for the delayed payment, the debtor is only required to pay by reason of arrears, the interest compensation agreed or, in default thereof, the legal interest.

Article 1247.- Interest on obligations of non-monetary

The obligation of non-pecuniary, the interest is fixed according to the value that the property subject matter of the obligation at the place where payable on the day following the expiration, or determined by the expert if the good has already perished at the time the evaluation is conducted.

Article 1248.- Interest on obligations consistent in securities

When the obligation consists in securities, the interest is equal to the income that is earned, or, in the absence thereof, the legal interest. In this latter case, it determines the value of the securities in accordance with their listing on the stock exchange or, in his absence, which they have in the plaza on the day following its due date.

Article 1249.- Limitation to the anatocismo

Can't agree on the compounding of interest at the time of contract obligation, except in the case of merchant accounts, bank or similar.

Article 1250.- Validity of the convention for capitalization of interest

It is valid to the convention on capitalization of interest concluded in writing after contracted the obligation, by not less than a year of delay in the payment of the interest.

Chapter three: Pay-per consignment

Article 1251.- Consignment and budgets of origin*

The debtor is relieved of its obligation if it provides a benefit due and attend the following requirements:

1. The debtor has offered to the creditor the payment of the service owed, or what has put at your disposal in the manner agreed to in the title of the obligation.

2. That, in respect of the creditor to attend the assumptions of the article 1338 or unreasonably have refused to receive the payment. It is understood that there is a negative implication in the cases of evasive answers, of inconcurrencia to the agreed place on the day and time stipulated for the fulfillment, when refuses to give receipt or similar behaviors.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 1252.- Consignment judicial or extrajudicial*

The offering may be judicial or extrajudicial.

It is legal in cases where so agreed, and in addition: when not set contractually or legally is the way to make the payment, when due, which is not attributable to the debtor was prevented from discharging the provision in the intended manner, when the creditor does not perform the acts of co-operation necessary for the debtor to be able to meet the required of it, when the creditor is not known or is uncertain, when you ignore your home, when you are away or outside a person referred to in article 43 or 44 of the Civil Code, without having representative, healer or support designated, when the credit out of the dispute or claim several creditors and in similar situations that prevent the debtor to provide, or directly perform a valid payment.

The offering settlement must be made of the way that was agreed upon, the obligation or, in default thereof, by letter of attorney given to the creditor, with notice of not less than five days prior to the date of compliance because, if it were determined. If it were not, the advance should be ten days prior to the compliance date that the debtor point.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 1253.- Offering legal payment, consignment and opposition*

The offering court payment and the consignment can be processed as a non-adversarial process of the way that you set the Code Of Civil Procedure.

The opposition to the offer out of court, and, in his case, the appropriation made, will be processed in the process contention that corresponds to the nature of the legal relationship in question.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 1254.- Validity of the payment with retroactive effect*

The payment is said to be valid with retroactive effect to the date of the offer, when:

1. The creditor does not object to the provision court within five days of their location;

2. The opposition of the creditor to payment by any of the forms of offering, is dismissed by resolution of the authority of res judicata.

The offering court is understood to be effected on the day on which the creditor is validly located. The settlement is understood to be made the day which is put in the knowledge.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 1255.- Withdrawal of the offer of payment*

The debtor may opt-out of the payment offered and, where appropriate, withdraw the deposit made in the following cases:

1. Prior to the acceptance by the creditor.

2. When there is opposition, while not to be dismissed by a resolution authority of res judicata.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Chapter four: Imputation of payment

Article 1256.- Imputation of payment by the debtor

Who has several obligations of the same nature as constituted by performance-expendable and homogeneous, in favor of a single creditor, it may indicate the time you make the payment, or, in any case, before accepting the receipt issued by the creditor to which it applies it. Without the assent of the creditor, shall not be charged for the payment in part, to a debt ilíquida or not expired.

Article 1257.- Order of the imputation conventional

Who need capital, interest and costs, you may not, without the consent of the creditor, the payment is applied to the capital before, expenses, or before that the interests.

Article 1258.- Imputation by creditor

When the debtor has not indicated which of the debts must be charged to the payment, but he'd accepted receipt of the creditor by applying it to some of them, you can't claim against this imputation, unless there be any cause that prevents it up.

Article 1259.- Imputation legal

Not expressing what debt should be the imputation, are applied the payment to the less guaranteed; among several debts also guaranteed, the most burdensome for the obligor; and between various debts also guaranteed and expensive, to the oldest. If these rules cannot be applied, the allocation will be made proportionally.

Chapter five: Payment with subrogation

Article 1260.- Subrogation the legal

The subrogation operates fully in favor:

1. Who's paying a debt, to which she was bound, indivisible or jointly with another or others.

2. Of those who have a legitimate interest in conformity with the obligation.

3. Of the creditor to pay the debt of the common debtor to another creditor who is preferred.

Article 1261.- Conventional surrogacy

The conventional surrogacy takes place:

1. When the creditor receives payment from a third party and replaces him in his rights.

2. When the third party is not interested in the obligation, pays with the express approval or tacit, of the debtor.

3. When the debtor pays a benefit that has been received in mutual and subrogates to the mutuante on the rights of the creditor, provided that the contract of mutual has been held by document date, stating that purpose in the contract and by expressing their origin to the time of the payment.

Article 1262.- Effects of surrogacy

Surrogacy replaces the subrogated to all the rights, actions and warranties of the old creditor, up to the amount of what would have been paid.

Article 1263.- Effects of surrogacy in the joint obligations or indivisible

In the case of article 1260, subsection 1, subrogation is authorized to exercise the rights of the creditor against his co-debtors only to the concurrence of the part that each one of these was obligated to contribute to the payment of the debt, apply, however, the rules of article 1204.

Article 1264.- Subrogation partial

If the subrogated in the place of the creditor would be only partially, and the property of the debtor not to have reached to pay the remaining part that corresponds to the creditor and of the subrogated claim, both of which will be contested with equal per serving respectively as they should.

Chapter six: in Lieu of payment

Article 1265.- Notion

The payment is carried out when the creditor receives as a total or partial cancellation of a provision different from that which was to be fulfilled.

Article 1266.- Rules applicable to in lieu of payment

If it is determined the amount by which the creditor receives the good in payment, their relationships with the debtor are governed by the rules of purchase-sale.

Seventh chapter: improper Payment

Article 1267.- Improper payment by mistake of fact or law

By error of fact or of law, delivers to another any property or quantity in paying, you can demand the restitution of whom he received it.

Article 1268.- Improper payment received in good faith

Is exempt from the obligation to return those who, believing in good faith that the payment was made for the account of a legitimate credit and subsistent, it would have crippled the title, limited or terminated the guarantee of its right or left prescribe the action the true debtor. Paid improperly may only be directed against the true debtor.

Article 1269.- Improper payment received in bad faith

Accepts an undue payment, if you have acted in bad faith, you must pay the statutory interest when it comes to capital or the fruits received or which has been seen when the well-received to occur, from the date of the undue payment.

In addition, is liable for the loss or impairment suffered by the goods for any cause, and the damage incurred to the one who gave him up, until you recover.

You can get rid of this responsibility, if it proves that the cause is not attributable would have affected the well the same way if it had been in the hands of the one who gave it to you.

Article 1270.- The sale of well-received as an undue payment in bad faith

If the person who accepts an undue payment of bad faith, dispose of the good to a third party who is also acting in bad faith, who do I make the payment you can demand restitution, and to both of them, jointly and severally, the compensation of damages.

In the event that the sale would have been onerous, but the third party had acted in good faith, who received the improper payment must return the value of the asset, plus the compensation for damages.

If the sale was made free of charge, and the party proceeded in good faith, the one who made the improper payment you can demand the restitution of the property. In this case, however, is only required to pay the corresponding compensation for damages, who received the improper payment of bad faith.

Article 1271.- Restitution of interest or fruits for improper payment of good faith

The who in good faith accepts an undue payment must repay the interest or to the fruits received and responds to the loss or deterioration of the good in as far as they had been enriched.

Article 1272.- Restitution of interest or fruits

If the person who accepts an undue payment of good faith, it would have alienated the good to a third party that also had a good faith, shall return the price or assign the action to make it effective.

If the well had been transferred to a third party, free of charge, or the third party purchaser for valuable consideration, had acted in bad faith, the one who pays improperly can demand restitution. In these cases, only the third party, purchaser, free of charge or against payment, that he acted in bad faith, he shall be obliged to compensate the damages incurred.

Article 1273.- Burden of proof of the error

Is the responsibility of the one who aims to be the payment is made, test the error with which it is made, unless the defendant denied having received the good that is being claimed. In this case, justified by the plaintiff with the delivery, is relieved of all other evidence. This does not limit the right of the defendant to prove that it was because of what that is supposed to have received.

However, it is presumed that there was error in the payment when you meet with a delivery that never should have been, or which was already paid. The one who asks for the return, may prove that the delivery was carried out by way of donation, or any other cause.

Article 1274.- Prescription of the action for an improper payment

The action to recover the unduly paid shall lapse five years after the payment.

Article 1275.- Inappropriateness of the repetition

There is No repetition of what you have paid under a debt prescribed, or to enforce moral duties and social solidarity, or to obtain an order to immoral or illegal.

I paid to get a view immoral or illegal corresponds to the institution in charge of the welfare of the family.

Article 1276.- Rules of improper payment for the obligations to do and not to do

The rules of this chapter shall apply, as relevant, to the obligations to which it is not appropriate to restore the performance and obligations of not to do.

In such cases, who accepts an undue payment of good faith, is only required to pay what they would have benefited, if applicable, in bad faith, it is required to repay the full value of the benefit, the more the corresponding compensation for damages.

Title III: Novation

Article 1277.- Definition: requirements

By novation is replaced by a duty on the other.

So that there is a novation is necessary that the will of novar manifest unmistakably in the new obligation, or that the existence of the former is incompatible with the new one.

Article 1278.- Novation objective

There is a novation objective when the creditor and the debtor supersede the obligation primitive on the other, providing a different or a different title.

Article 1279.- Acts that do not constitute a novation

The issuance of securities, or its renewal, the change of a term, or of the place of payment, or any other accessory from the obligation, they do not produce novation.

Article 1280.- Novation subjective active

In a novation by change of creditor is required, in addition to the agreement between the creditor to be replaced and the replaced, the assent of the debtor.

Article 1281.- Novation subjective by delegation

Novation by delegation requires, in addition to the agreement between the debtor to be replaced and the replaced, the assent of the creditor.

Article 1282.- Novation by expromisión

Novation by expromisión can be carried out even against the will of the debtor primitive.

Article 1283.- Intrasmisibilidad warranty to the new obligation

In a novation is not transmitted to the new obligation warranties of the obligation extinguished, unless otherwise agreed.

However, in the buildin, by delegation, the obligation is enforceable against the debtor primitive and its guarantors, in the event that the insolvency of the new debtor would have been above and to the public, or known to the debtor to the delegated his debt.

Article 1284.- Novation of the obligation subject to a suspensive condition

When an obligation is pure becomes another subject to a suspensive condition, there will be only interruption if the condition is met, unless otherwise stated.

The same rules apply if the old obligation was subject to a condition precedent and the new to be pure.

Article 1285.- Novation of the obligation subject to a condition subsequent

When an obligation is pure becomes another subject to condition subsequent, operates a novation, unless otherwise stated.

The same rules apply if the old obligation was subject to condition subsequent, and the new out pure.

Article 1286.- Novation of the obligation to be void or voidable

If the obligation primitive out-null, there is no novation.

If the obligation primitive outside voidable, the novation is void if the debtor, knowing of the defect, assumes the new obligation.

Article 1287.- Nullity or annulment of the new obligation

If the new obligation is declared null and void or is voided, the primitive obligation revives, but the creditor can not invoke the guarantees provided by third parties.

Title IV: Compensation

Section 1288.- Extinction of the obligation for compensation

By the compensation is extinguished and the reciprocal obligations, liquid, due and payable, and benefits expendable and homogeneous, up to where, respectively, to achieve, from which they have been opposed to one another. The compensation does not operate when the creditor and the debtor excluded by mutual agreement.

Article 1289.- Opposability of the compensation

You can object to the compensation by agreement between the parties, even when you do not fulfil the requirements provided for by article 1288. The requirements for such compensation can be set previously.

Article 1290.- Prohibition of compensation

It is prohibited to compensation:

1. In the restitution of property of which the owner has been stripped.

2. In the restitution of property deposited or delivered in commodatum.

3. Credit cannot be impeded.

4. Between individuals and the State, except in the cases allowed by the law.

Article 1291.- Opposability of the compensation by the guarantor

The guarantor may assert compensation for what the creditor owes the debtor.

Article 1292.- Inoponibilidad of the compensation

The debtor who has consented to the creditor assigns his right to a third party, may not oppose to it the compensation that would have been able to assert against the assignor.

Article 1293.- Imputation legal compensation

When a person has with respect to other various debts recoverable, and not to manifest himself to oppose the compensation to which the accused, observe the provisions of article 1259.

Article 1294.- Inviolability of the rights acquired by a compensation effect

The compensation does not impair the rights acquired on any of the credit.

Title V: Forgiveness

Article 1295.- Extinction of obligation for forgiveness

In any way that is proven debt relief made by mutual agreement between the creditor and the debtor, it extinguishes the obligation, without prejudice to the right of a third party.

Article 1296.- Effects of forgiveness to one of the guarantors

Forgiveness-one of the guarantors does not extinguish the obligation of the principal debtor, or any of the other guarantors.

Forgiveness made to one of the guarantors without the assent of the other is of benefit to all, as far as the part of the guarantor in whose favour it was made.

Article 1297.- Debt forgiveness

There is forgiveness of the debt when the creditor delivered to the debtor the original document that consists that, unless the debtor proves that he has paid.

Article 1298.- Presumption of remission of the garment

The garment in the possession of the debtor makes show off your return voluntarily, unless the contrary is proved.

Article 1299.- Forgiveness of the garment

The return of voluntary pledge determines the forgiveness of the same, but not the debt.

Title VI: Consolidation

Article 1300.- Consolidation total or partial

The consolidation may occur in respect of any obligation or part thereof.

Article 1301.- Effects of the termination of the consolidation

If the consolidation stops, resets the separation of the qualities of creditor and debtor are gathered in the same person.

In such a case, the obligation is extinguished reborn with all its accessories, without prejudice to the right of third parties.

Title VII: Transaction

Article 1302.- Notion

By the transaction parties, making mutual concessions, decide on any matter doubtful or disputable, avoiding litigation that could be promoted or ending that is started.

With the trade-offs, you can also create, regulate, modify, or terminate relations different from those that have been the subject of controversy between the parties.

The transaction has a value of res judicata.

Article 1303.- Content of the transaction

The transaction must contain a waiver of the parties to any action that has a counter, the other on the subject of the said transaction.

Article 1304.- The formality of the transaction

The transaction must be made in writing, under penalty of nullity, or by petition to the judge in the litigation.

Article 1305.- Rights transigibles

Only the economic rights may be subject to transaction.

Article 1306.- Transaction liability

Can be no compromise on the civil liability arising from crime.

Article 1307.- Transaction of the absent or unable to

The representatives of absent or unable to can compromise with the approval of the judge, who to this effect will hear from the Public Ministry and the council of family as it has been and what it deems appropriate.

Article 1308.- Transaction obligation to be void or voidable

If the obligation doubtful or disputed is invalid, the transaction adolecerá of nullity. If it were voidable and the parties, knowing the addiction, celebrate it, there is validity to the transaction.

Article 1309.- Transaction is void or voidable obligation subject to litigation

If the matter is dubious or disputed exploring on the nullity or annulment of the obligation, and the parties had expressed explicitly, the transaction will be valid.

Article 1310.- Indivisibility of the transaction

The transaction is indivisible, and if any of its provisions is null and void or is cancelled, it remains without effect, unless otherwise agreed.

In such a case, reset the warranties given by the parties but not provided by any third party.

Article 1311.- Lucky as a means of transaction

When the parties are served luck to resolve issues, it produces the effects of the transaction and apply to it the rules of this title.

Article 1312.- Execution of the transaction of judicial and extrajudicial

The legal transaction is executed in the same manner as the judgment and the settlement, in the executive way.

Title VIII: Mutual dissent

Article 1313.- Notion of the mutual dissent

By the mutual dissent the parties who have entered into a legal act to agree to leave it without effect. If it harms the right of a third party is not made.

Title IX: non-fulfillment of obligations

Chapter one: general Provisions

Article 1314.- Inimputabilidad by ordinary care

Who acts with the ordinary care required, is not caused by the non-fulfillment of the obligation, or by its partial compliance, late or defective.

Article 1315.- A fortuitous event or force majeure

A fortuitous event or force majeure is the cause not attributable, consisting of an extraordinary event, unforeseeable and irresistible, which prevents the execution of the obligation, or determines its partial compliance, late or defective.

Article 1316.- Extinction of the obligation due to causes not attributable to the debtor

The obligation is extinguished if the delivery is not executed for reasons not attributable to the debtor.

If the cause is temporary, the debtor is not responsible for the delay while it lasts. However, the obligation is extinguished if the cause that determines the reprehensible behaviour persists until the debtor, according to the title of the obligation, or the nature of the provision, you are no longer able to consider obliged to execute it; or until the creditor justifiably lose interest in your compliance or no longer useful.

Also extinguishes the obligation that it is only liable to run partially, if she was not useful for the creditor, or if it did not have a justified interest in partial performance. In the opposite case, the debtor is obliged to execute it with the reduction of the compensation, if any.

Article 1317.- Damages for non-fulfillment is not attributable

The debtor is not liable for damages resulting from the non-fulfillment of the obligation, or of its partial compliance, late or defective, for reasons not attributable, unless the contrary is expressly provided by law or by the title of the obligation.

Article 1318.- Dolo

Comes with intent who deliberately does not execute the obligation.

Article 1319.- Blame inexcusable

Incurred in culpa inexcusable, who is due to gross negligence does not execute the obligation.

Article 1320.- Minor guilt

Acts with minor guilt who ignores the ordinary care required by the nature of the obligation and corresponding to the circumstances of persons, time and place.

Article 1321.- Compensation by fraud, slight negligence and inexcusable

Is subject to the compensation for damages who doesn't run their obligations by dolo, culpa inexcusable fault or mild.

The compensation for the non-fulfillment of the obligation, or by its partial compliance, late or defective, comprises the consequential damage such as loss of profit, as they are immediate and direct consequence of such non-fulfillment.

If the non-fulfillment or partial fulfillment, late or defective of the obligation, were due to slight negligence, the damages shall be limited to the damage that could have been predicted at the time that she was owed.

Article 1322.- Compensation for moral damage

The moral damage, when he had irrogado, it is also susceptible of remedy.

Article 1323.- Non-payment of fee

When the payment is to be made in installments, the breach of three installments, successive or not, it gives the lender the right to require the obligor the immediate payment of the balance, giving up the dues which were outstanding, unless otherwise stated.

Article 1324.- Effects of the non-fulfillment of monetary obligations

The obligations of giving sums of money will earn legal interest fixed by the Central Reserve Bank of Peru, from the day on which the debtor is in default, without requiring that the creditor can prove to have suffered any damage. If before the arrears should be larger interests, they will continue accruing after the day of the mora, with quality of default interest.

If he had stipulated the compensation of the damage further, corresponds to the creditor who proves to have suffered the respective compensation.

Article 1325.- Liability obligations executed by third party

The debtor to execute the obligation will be worth a third party, is liable for acts of fraudulent or unintentional thereof, unless otherwise agreed.

Article 1326.- Reduction of the compensation for acts of the creditor

Whether intentional or unintentional the creditor would have concurred to cause the damage, the damages shall be reduced according to their severity and the importance of the consequences that derive from it.

Article 1327.- Release of damages

The compensation is not due to the damage that the creditor would have been able to avoid using ordinary care, unless otherwise stated.

Article 1328.- Invalidity of the covenant of exemption and limitation of liability

Is null and void any provision which excludes or limits the liability for wilful misconduct or negligence is inexcusable by the debtor or by third parties of whom he was worth.

It is also void of any covenant of exemption or limitation of liability for cases in which the debtor, or such third parties violate obligations arising from the rules of public order.

Article 1329.- Presumption of guilt mild of the debtor

It is assumed that the non-fulfillment of the obligation, or partial compliance, late or defective, due to slight negligence of the debtor.

Article 1330.- Test dolo and culpa inexcusable

The test of dolo or culpa inexcusable corresponds to the aggrieved by the non-fulfillment of the obligation, or by its partial compliance, late or defective.

Article 1331.- Proof of damages

The proof of the damages and of its amount also corresponds to the aggrieved by the non-fulfillment of the obligation, or by its partial compliance, late or defective.

Article 1332.- Assessment of damages

If the compensation of the damage could not be tested in its precise amount, you need to secure it to the judge with equal status.

Second chapter: Mora

Article 1333.- Constitution in mora

Is in default shall be obliged from the creditor to demand, judicial or extrajudicial, the performance of his obligation.

It is not necessary intimation to that dwells there:

1. When the law or the covenant declare expressly.

2. When from the nature and circumstances of the obligation it turns out that the designation of the time in that he had delivered the good, or performed the service, it would have been main reason for getting it.

3. When the debtor requests in writing of its refusal to fulfil the obligation.

4. When the injunction was not possible due to a cause attributable to the debtor.

Article 1334.- Mora in obligations to give sums of money

In obligations to give sums of money whose amount is required to be determined by a court decision, there are arrears from the date of the subpoena with the complaint.

It is excepted from this rule, the provisions of article 1985.

Article 1335.- Mora in reciprocal obligations

In reciprocal obligations, neither bound is in default, but since one of them fulfills his obligation, or gives guarantees that you will comply.

Article 1336.- Debtor's liability in the event of default

The debtor constituted in default is liable for damages that irrogue by the delay in the fulfillment of the obligation and the inability to sobreviniente, even when she obey to cause not imputable to the company. You can avoid this liability by proving that he has incurred in delay without fault, or that the cause is not attributable would have affected the provision; although we would have met in a timely manner.

Article 1337.- Compensation in the event of default of which derogate from the obligation

When the effect of the bad debt of the debtor, the obligation to prove not useful to the creditor, it may refuse its execution, and require the payment of the indemnity for damages, compensatory.

Article 1338.- Default of the creditor

The creditor is in default when no legitimate reason refuses to accept delivery offered or do not comply with the practice of the acts required to be able to run the obligation.

Article 1339.- Compensation for default of the creditor

The creditor is in mora is obliged to compensate the damages and losses arising out of your delay.

Article 1340.- Risk due to the impossibility of fulfillment of obligation

The creditor is in mora assumes the risk for the impossibility of performance of the obligation, unless due to wilful misconduct or negligence is inexcusable of the debtor.

Chapter three: Obligations with penalty clause

Article 1341.- Penalty clause compensatory

The pact by which it is agreed that, in case of non-compliance, one of the parties is obliged to the payment of a penalty, has the effect of limiting the remedy to this provision and the return of the consideration, if any; unless otherwise stated the compensation of the damage further. In this latter case, the debtor must pay the full penalty, but this is computed as part of the damages if they were older.

Article 1342.- Enforceability of the penalty and of the obligation

When the penalty clause provided for in the event of default or safety of a covenant given, the creditor has the right to demand, in addition to the penalty, the fulfillment of the obligation.

Article 1343.- Enforceability of penalty

To enforce the penalty is not necessary for the creditor to prove the damages suffered. However, she may only be required if the failure to perform is due to causes attributable to the debtor, unless otherwise stated.

Article 1344.- Chance of provision

The penalty clause can be specified in conjunction with the obligation or act later.

Article 1345.- Accesoriedad of penalty clause

The annulment of the penalty clause is not originating from the primary obligation.

Article 1346.- Reduction judicial punishment

The judge, at the request of the debtor, can reduce equally worthwhile if it is manifestly excessive or when the principal obligation has been partly or irregularly complied with.

Article 1347.- Penalty clause divisible

Each one of the debtors or of the heirs of the debtor is obliged to pay the penalty in proportion to their party, provided that the penalty clause is divisible, although the obligation is indivisible.

Article 1348.- Penalty clause indivisible

If the penalty clause is indivisible, each of the debtors and their heirs is obliged to satisfy in full the penalty.

Article 1349.- Penalty clause solidarity and divisible

If the penalty clause was supportive, but divisible, each of the debtors is bound to satisfy her entirely.

In the event of the death of a co-signer, the penalty was divided among his heirs in proportion to the shares they share in the inheritance.

Article 1350.- Right of co-debtors not guilty

The co-debtors that they were not guilty have expedited their right to claim from that which gave rise to the application of the penalty.

BOOK VII: SOURCES OF OBLIGATIONS

First section: Contracts in general

Title I: general Provisions

Article 1351.- Notion of contract

The contract is the agreement of two or more parties to create, regulate, modify or terminate a legal relationship assets.

Article 1352.- Perfection of contracts

Contracts are perfected by the consent of the parties, except for those that, in addition, they must observe the manner indicated by the law under the sanction of nullity.

Article 1353.- Legal status of contracts

All contracts of private law, including the unnamed, are subject to the general rules contained in this section, except as may be incompatible with the particular rules of each contract.

Article 1354.- Freedom of contract

The parties may freely determine the content of the contract, provided it is not contrary to legal standard of imperative character.

Article 1355.- Rule and limits of the procurement*

The law, by considerations of social interest, public or ethical can impose rules or establish limitations to the content of the contracts.

* Using Craft 970-2013-MP-FN-OLA, published on 24 October 2013, sent by the Office of Legal Counsel of the Public Ministry, stated that this article would be repealed outright, in attention to what is established in article 62 of the Constitution of Peru, to establish that the freedom of contract within the current economic model prevents the contractual terms may be amended by laws or other provisions of any class.

Article 1356.- Primacy of the will of the contracting

The provisions of the law on contracts are extra of the will of the parties, unless they are mandatory.

Article 1357.- Warranty and security of the State

By law, based on reasons of public interest, national or public, can be set guarantees and securities granted by the State through a contract.

Article 1358.- Contracts that can celebrate the person with the ability to exercise restricted*

People with exercise capacity restricted referred to in article 44, paragraphs 4 to 8, can enter into contracts related to the ordinary needs of your daily life.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 1359.- Accordance of the will of the parties

There is No contract as the parties do not agree on all of its provisions, although the discrepancy is secondary.

Article 1360.- Validity of the contract with reservation

Is valid, the contract when the parties have resolved to reserve any provision, provided that after the reservation is satisfied, in which case it operates retroactively.

Article 1361.- Obligation of contracts

The contracts are mandatory as soon as you have expressed in them.

It is presumed that the statement expressed in the contract responds to the common will of the parties, and those who deny that coincidence should try it.

Article 1362.- Good Faith

Contracts must be negotiated, entered into and executed according to the rules of good faith and common intention of the parties.

Article 1363.- Effects of the contract

Contracts only produce effects between the parties that the grant, and their heirs, except in terms of these if it comes to rights and obligations are not communicable.

Article 1364.- Expenses and taxes of the contract

Expenses and taxes arising from the conclusion of the contract are equally divided between the parties, unless a legal provision or covenant is different.

Article 1365.- End of contracts continued

In a contract of continued execution that do not have term conventional or legal given, either party may terminate, by notice sent by way of attorney with an advance notice of not less than thirty days. Expiration of the applicable period of the contract is terminated.

Article 1366.- Persons prohibited from acquiring real property by lease, bequest, or auction

May not acquire property rights by contract, the legacy or public auction, directly or indirectly, or by using an intermediary:

1. The President and Vice-presidents of the Republic, Senators and Deputies, the Ministers of State and officials of the same hierarchy, the Judges of the Supreme Court of Justice and the Court of Constitutional Guarantees, the public Prosecutor of the Nation, and the Tax before the Supreme Court of Justice, members of the National Jury of Elections, the Comptroller General of the Republic, the President and Directors of the Central Reserve Bank of Peru and the Superintendent of Banking and Insurance, the national assets.

2. The Prefects and other political authorities, the goods referred to in the previous subsection, located in the territory of their jurisdiction.

3. The officials and servants of the Public Sector, the property of the agency to which they belong, and committed to his management or custody, or to be transferred to require your intervention.

4. The Judges, the referees and the auxiliaries of justice, the goods that are, or have been in dispute before the court or the court in whose jurisdiction they exercise or have exercised their functions.

5. Members of the Public Ministry, the assets included in the processes that are involved or have been involved by reason of their function.

6. The lawyers, the goods that are the subject of a trial that involved or have been involved by reason of his profession, until after one year is completed in all instances. It is excepted the contingency fee basis.

7. The executors, the assets they manage.

8. Who, by law or act of a public authority to manage the assets of others, in respect of such goods.

9. The mediators of commerce, the martilleros and experts, the goods whose sale or assessment has been entrusted to him, until after one year of its intervention in the operation.

Article 1367.- Extension of the impediment

The prohibitions set forth in article 1366 apply also to the relatives up to the fourth degree of consanguinity and second affinity of the disabled person.

Article 1368.- Term of prohibitions

The prohibitions of trying to in paragraphs 1, 2, 3, 7, and 8 of article 1366 govern until six months after the disabled person to cease in their respective positions.

Article 1369.- Unenforceability of the impediments

Do not apply the prohibitions of subsections 6 and 7 of article 1366 when it is a question of the right of co-ownership or dation in payment.

Article 1370.- Termination

The rescission becomes void a contract on grounds existing at the time to celebrate it.

Article 1371.- Resolution

The resolution rescinds a contract valid for causal sobreviniente to your celebration.

Article 1372.- Retroactive effects of the termination and resolution*

The termination is declared by the court, but the effects of the judgement they date back to the time of the conclusion of the contract.

The resolution is invoked judicial or out of court. In both cases, the effects of the judgement they date back to the time in which occurs the cause that motivates it.

By reason of the resolution, the parties must be returned to performance in the state in which they find at the time indicated in the previous paragraph, and if this is not possible it should rembolsarse in money the value that they had at that time.

In the cases referred to in the first two paragraphs of this article, it is agreed otherwise. Not prejudicial to the rights acquired in good faith.

* Article amended by the First Amending Provision of the DL 768, Code of Civil Procedure (which, in turn, was amended by the D-L 25940). The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Title II: consent

Article 1373.- Refinement of the contract

The contract is concluded at the time and place where the acceptance is known by the offeror.

Article 1374.- Knowledge and recruitment between absent*

The offer, revocation, acceptance and any other contractual declaration addressed to a particular person is considered to be known at the time that they arrive at the address of the recipient, unless this proves to have been found, no fault of their own, in the impossibility of knowing it.

If done through electronic, optical or similar), it shall be presumed receipt of the contractual statement, when the sender receives the acknowledgment of receipt.

* Article amended by the Law 27291published on June 24, 2000 (link: lpd.pe/21q5Q).

Article 1375.- Chance of acceptance

The acceptance must come to the knowledge of the offeror within the time limit set by it.

Article 1376.- Counteroffer

The late acceptance and the timely manner that does not conform to the bid amount to a counter offer.

However, the offeror may be considered effective, the late acceptance is or with modifications, such that give immediate notice to that effect to the acceptor.

Article 1377.- Alternative offers

Are valid alternative offers made to the same recipient. The acceptance of any bids alternatives gives rise to the formation of the contract with respect to which the recipient has expressed his acceptance.

Article 1378.- Observance of the required form

It has No effects on the acceptance that is made without observing the form required by the offeror.

Article 1379.- Offers cross

In the offers crusades, the contract shall be concluded with the acceptance of one of them.

Article 1380.- Tacit acceptance

When at the request of the offeror or by the nature of the operation or according to the uses, the provision in-charge of the acceptor has to be executed without previous answer, the contract is concluded at the time and place in which they began execution. The acceptor must give notice promptly to the offeror of the start of the execution and, in his default, is obliged to pay compensation for the damages.

Article 1381.- Acceptance exceptional

If the operation is of those in which it is not customary to express acceptance or if the recipient has made an invitation to offer, is said to be concluded the contract if the offer was not reused without delay.

The test of the habit and the invitation to offer corresponds to the offeror.

Article 1382.- Mandatory offer

The bid obliges the bidder, if otherwise is not of the terms of it, of the nature of the operation or the circumstances of the case.

Article 1383.- Effectiveness of the offer

The death or incapacity sobreviniente of the offeror does not deprive of efficiency to the supply, which forces his / her heirs, or legal representatives, except that the nature of the operation, or other circumstances, determine that the binding force of the offer is intrasmisible.

Article 1384.- Revocation of offer

The offer ceases to be binding if prior to or simultaneously with its receipt brought to the attention of the addressee of the statement of the bidder in the sense that you can revoke it at any time prior to its acceptance.

Article 1385.- Expiration of the offer

The bid expires:

1. If you did not concede a fixed term or determinable to a person with whom the offeror is in immediate communication and was not then accepted.

2. If you did not concede a fixed term or determinable to a person with whom the offeror is not in immediate communication and had sufficient time to reach the answer to the best knowledge of the offeror, by the same means of communication used by it.

3. If, prior to receiving the offer or simultaneously with it comes to the knowledge of the recipient, the withdrawal of the offeror.

Article 1386.- Revocation of acceptance

Is considered to be non-existent acceptance if before it or along with it came to the knowledge of the offeror, the withdrawal of the acceptor.

Article 1387.- Expiration of offer by death or incapacity of recipient

The death or incapacity sobreviniente of the recipient of the supply determines the expiration of this.

Article 1388.- Offer to the public

The offer to the public see it as an invitation to offer, considering bidders to those who choose to access the invitation and recipient to the proponent.

If the proposer clearly indicates that your proposal has the obligatory character of an offer, it will be as such.

Article 1389.- Auction

In the auction, the call is an invitation to offer and the positions are the deals.

The obligation of each posture ceases from that formula better.

The contract is concluded when the auctioneer allocates the good pro to the bidder until this time has made the best valid position.

Article 1390.- Contract by adhesion

The contract is for adhesion when one of the parties, placed in the alternative of either accepting or rejecting entirely the stipulations set by the other party, he declared his willingness to accept.

Article 1391.- Accession of a third party

When you allow accession by third parties to a contract concluded and will not be determined by the way of accession, the applicant should be directed to the representative body for the execution of the contract or, failing him, to all contracting originating.

Article 1392.- General conditions of contract

The terms and conditions of the contract are those written pre-and unilaterally by a person or entity, in the form of general and abstract rules, with the object of fixing the normative content of a series of indefinite futures contracts in particular, with elements typical of them.

Article 1393.- General clauses approved by the administrative authority

The terms and conditions of the contract approved by the administrative authority are automatically incorporated to all offers that are made for hire under them, without prejudice to the provisions of article 1395.

Article 1394.- Goods and services contracted by the general terms and conditions

The Executive Power shall indicate the provision of goods and services that must be engaged under general provisions of contract approved by the administrative authority.

Article 1395.- Exclusion of general provisions of the contract

The parties can agree expressly that certain terms and conditions of the contract approved by the administrative authority, were not incorporated into the offer in the individual contract that they celebrate.

Article 1396.- Effects of the consumption of the good or using the service

In the contracts offered under terms and conditions approved by the administrative authority, the consumption of the good or using the service generates full-fledged obligation of payment by the customer, even when it has executed the contract, or is unable to.

Article 1397.- General clauses that are not approved administratively

The terms and conditions of the contract not approved administratively it is incorporated into the offer of a contract, particularly when they may be known by the counterparty or have been able to know them using ordinary care.

It is assumed that the counterparty has known the clauses and conditions of the contract, when they have been brought to the attention of the public through proper advertising.

Article 1398.- Provisions invalid*

In the contracts of adhesion and the terms and conditions of the contract not approved administratively, they are not valid, the provisions that establish, in favour of the person who has written it, exemptions or limitations of liability; powers to suspend the execution of the contract, terminate it, or solve it, and to prohibit the other party the right to raise any objections or to extend or renew tacitly the contract.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 1399.- Unenforceability of provisions*

In the contracts nominees held by adhesion or pursuant to the general conditions of recruitment is not approved administratively, lack of effectiveness of the stipulations contrary to the rules established for the corresponding contract, unless the circumstances of each individual contract to justify their validity.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. DL 1071published on June 28, 2008 (link: lpd.pe/2jgVg).

Article 1400.- Prevalence of clauses added to the form

In the case of article 1397 of the clauses added to the form will prevail over those of this when they are incompatible, though the latter would not have been left without effect.

Article 1401.- Interpretation of the provisions

The stipulations inserted in the general terms and conditions of contract or in forms drafted by one of the parties, are interpreted in case of doubt, in favor of the other.

Title III: Object of the contract

Article 1402.- The object of the contract

The object of the contract is to create, regulate, modify or extinguish obligations.

Article 1403.- Obligation illicit and delivery possible

The obligation which is the subject of the contract must be lawful.

The delivery is the obligation and the good that is the subject of it must be possible.

Article 1404.- Contracts subject to a condition or a term suspensive

The legality of the obligation, or the possibility of the provision or of the good that is the subject of her in a contract subject to a condition or standstill period, you will appreciate at the time of the fulfillment of the condition or the expiration of the term.

Article 1405.- The nullity of the contract on the right to happen

Is null and void any contract on the law of succession in the estate of a person who has not died or whose death is ignored.

Article 1406.- Invalidity of provision of future wealth

Is null and void the contract for which is available over the whole or a substantial part of property that a person may acquire in the future.

Article 1407.- Determination of the object by arbitration

If the determination of the obligation which is the subject of the contract is deferred to a third party and it does not appear that the parties wanted to refer to his mere whim, the third party must proceed by an appreciation of equal character.

Article 1408.- Determination of third party

The determination is delivered to the mere whim of a third party can not be challenged if there is evidence of its bad faith.

If you lack the determination and the parties do not agree to replace the third party, the contract is null and void.

Article 1409.- Goods that are the object of the provision

The provision regarding the obligation created by the contract may concern:

1. Future property, before that exist in a species, and also the uncertain hope that they exist, except as the prohibitions laid down by the law.

2. The assets of others, or affected in warranty or seized or subject to litigation by any other cause.

Article 1410.- Compliance on future good

When the obligation created by the contract falls on a future good, the delivery commitment is subordinate to his further existence, except, that the obligation be on an uncertain hope, in which case the contract is random.

If the delivery failure is due to causes attributable to the obligation, the creditor may resort to the rights conferred by the law.

Title IV: Form of the contract

Article 1411.- Form as a requirement

It is assumed that the form that the parties agree to adopt in advance and in writing is an essential requirement for the validity of the act, under penalty of nullity.

Article 1412.- Requirement of parts of the compliance of formality*

If, by mandate of the law or by convention, should be given a public deed or met any other requirement that are not journal the solemn form prescribed by law or agreed upon by the parties in writing under penalty of nullity, they can compelerse each other to fill the formality required.

The claim is dealt with as a process summary, except that the title of whose formality it comes to have the quality to executive, in which case we follow the procedure of the corresponding process.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 1413.- Formality for the modification of the contract

The modifications to the original contract must be made in the form prescribed for that contract.

Title V: Contracts preparatory

Article 1414.- Commitment to hire

By the commitment of contracting parties undertake to hold in the future, a final contract.

Article 1415.- Content of the commitment to hire

The commitment of contract must contain, at least, the essential elements of the final contract.

Article 1416.-Term commitment of hiring*

The term of the commitment of hiring must be determined or determinable. If you don't establish the run, this is a year.

* Article replaced by the Law 27420published on February 7, 2001 (link: lpd.pe/pxR8r).

Article 1417.- Commitment to hire at maturity

The commitment contract can be renewed upon its expiry for a period not greater than the specified maximum in the article 1416, and so on.

Article 1418.- Unjustified refusal to celebrate the final contract

The unjustified refusal of the obligated to celebrate the final contract grants to the other party alternately the right to:

1. Require a court the conclusion of the contract.

2. Request to leave without effect the commitment to hire.

In one or another case is no place to compensation of damages.

Article 1419.- Option contract

By the contract of option, one of the parties is linked to your statement to celebrate in the future a definitive agreement and the other has the exclusive right to celebrate or not.

Article 1420.- Option contract reciprocal

It is valid the covenant pursuant to which the option contract reciprocal can be exercised either by any of the parties.

Article 1421.- Option contract with reservation of beneficiary

It is equally valid to the pact, according to which the optante reserves the right to designate the person who will establish the definitive link.

Article 1422.- Content of the option contract

The option contract must contain all the elements and conditions of the final contract.

Article 1423.- Term of the option contract*

The term of the option contract must be determined or determinable. If you don't establish the run, this is a year.

* Article replaced by the Law 27420published on February 7, 2001 (link: lpd.pe/pxR8r).

Article 1424.- Renewal of the Option Contract

At the expiration of the option, the parties can renew for a term not exceeding the maximum indicated in the article 1423, and so on.

Article 1425.- Formality in Contracts Preparatory

Preliminary agreements are void if they are not held in the same way that the law prescribes for the final contract, under penalty of nullity.

Title VI: Contract with benefits reciprocal

Article 1426.- Non-compliance

In the contracts with benefits reciprocal in that they must be met simultaneously, each party has the right to suspend the enforcement of the provision at your expense, to satisfy the consideration or ensure compliance.

Article 1427.- Expiration of the term

If after the conclusion of a contract with benefits reciprocal sobreviniese the risk that the party must meet in the second place, I can't do that, which should make the provision in the first place can suspend its execution until that meets the concerns or ensure compliance.

Article 1428.- Termination for breach

In the contracts with benefits reciprocal, when one of the parties lack the fulfillment of its provision, the other party may request the fulfillment or rescission of the contract and, in one or another case, the compensation of damages.

From the date of the subpoena with the complaint resolution, the respondent is unable to fulfil your delivery.

Article 1429.- Resolution of right

In the case of the article 1428 the part that hurts the breach of the other may enforce it by means of a letter by way of attorney that meets your benefit, within a period of not less than fifteen days, under pain of that, on the contrary, the contract is resolved.

If the provision is not met within the prescribed time limit, the contract is resolved as of right, being paid by the debtor for compensation of damages.

Article 1430.- Condition subsequent

May be agreed expressly in the contract to be terminated when one of the parties does not comply with a particular provision to his office, established with any precision.

The resolution occurs right when the party communicates to the other that want to make use of the cancellation clause.

Article 1431.- Resolution due to the impossibility of delivery

In the contracts with benefits reciprocal, if the provision in-charge of one of the parties becomes impossible without the fault of the contracting parties, the contract is terminated. In this case, the debtor is freed loses the right to the consideration and must restore what he has received.

However, the parties may agree that the risk is borne by the creditor.

Article 1432.- Resolution by the fault of the parties

If the delivery is impossible due to the fault of the debtor, the contract is terminated, and it may not require the consideration and is subject to the compensation for damages.

When the impossibility is due to the creditor, the contract is terminated. However, the creditor must satisfy the consideration, and the rights and actions which have been related to the provision.

Article 1433.- Breach due to failure, partial*

The rules of the articles 1431 and 1432 are applicable when the compliance of the provision is made partially impossible, unless the creditor disclosed to the debtor his conformity for the partial fulfillment, in which case you must be effected a proportional reduction in the consideration payable.

The contract is resolved when it is not possible reduction.

* Article amended by the Law 26451published on may 11, 1995 (link: lpd.pe/2D5XN).

Article 1434.- Breach of benefits plurilateral autonomous

In the contracts plurilateral with benefits autonomous, the inability sobreviniente comply with the provision by one of the parties does not determine the resolution of the contract in respect of the other, unless the provision breached is considered essential, according to the circumstances.

In cases of breach, the other party may elect to resolve the link that you have breached or enforce your compliance.

Title VII: Transfer of contractual position

Article 1435.- Assignment

In the contracts with benefits not executed in whole or in part, any of the parties may assign to a third party of its contractual position.

It is required that the other party pay their conformity before, simultaneously or after the assignment agreement.

If the conformity of the loan had been provided previously to the agreement between the assignor and the assignee, the contract will only take effect from the said agreement has been communicated to the assigned writing of a date certain.

Article 1436.- Rules applicable to the transfer of contractual position

The shape of the transmission, the capacity of the parties involved, the vices of consent, and relationships between the contracting parties are defined in terms of the act which is the basis for the assignment and will be subject to the relevant legal provisions.

Article 1437.- Release of the assignor

The transferor is away from their rights and obligations, and the one and the other are assumed by the transferee from the time of the conclusion of the assignment. However, the loan may take action against the transferor if he had agreed with it that it is not released by the transfer if the transferee does not meet the assumed obligations. In this case, the loan should be communicated to the assignor for breach of the transferee within thirty days of its occurrence and, not to do so, the grantor is free of responsibility.

Article 1438.- Guarantee existence and validity of the contract

The assignor warrants to the assignee of the existence and validity of the contract, unless otherwise agreed. This compact does not take effect if the invalidity is due to the fact itself of the assignor.

It is valid the covenant by which the grantor guarantees the fulfillment of the obligation of the debtor, in which case it responds as a surety.

The loan may assert against the assignee and that the exceptions and measures of defense arising out of the contract, but not based on other relationships with the assignor, unless expressly had made a reservation for them at the time that he accepted the assignment.

Article 1439.- Third party warranties in the contract of assignment

The guarantees given by third persons not pass to the assignee without the express permission of those.

Title VIII: Excessive s of the provision

Article 1440.- Definition

In the contracts commutative run continuously, periodically, or deferred, if the delivery gets to be too expensive for extraordinary events and unpredictable, the aggrieved party may ask the judge to reduce or increase the compensation, in order to stop the excessive s.

If this is not possible due to the nature of the provision, by the circumstances, or if so requested by the defendant, the judge shall decide on the termination of the contract. The resolution does not extend to the services provided.

Article 1441.- Extension of the excessive s of the provision

The provisions contained in article 1440 apply:

1. The contracts are commutative in immediate execution, when the provision in-charge of one of the parties has been delayed for causes not attributable to it.

2. Contracts random, when the excessive s is produced by causes alien to the own risk of the contract.

Article 1442.- Excessive s in contracts with the provision of a part

When it comes to contracts in which one of the parties would have assumed obligations, he is proprietary suing the reduction of the provision in order to cease your excessive s.

If you cannot reduce the provision, governed by the provisions of the second paragraph of article 1440.

Article 1443.- Inadmissibility of the action for excessive s

Not applicable action for excessive s of the provision when its execution has been deferred by the wilful misconduct or negligence of the injured party.

Article 1444.- Nullity of the renunciation of the action

Is null the renunciation of action for excessive s of the provision.

Article 1445.- Expiration of the action

The action for excessive s of the provision expires after three months of produced events extraordinary and unforeseeable circumstances referred to in article 1440.

Article 1446.- Term expiration

The initial term of the limitation period referred to in article 1445 runs from the time that have gone to extraordinary events and unpredictable.

Title IX: Injury

Article 1447.- Action for injury

The action to annul an act injury can only be exercised when the disproportion between the performance at the time of the conclusion of the contract is the greater of the two fifths, and provided that such disproportion resulting from the use by one of the contracting of the pressing need of the other.

Comes in contracts random, when there is a disproportion by causes alien to the own risk of them.

Article 1448.- Presumption of use

In the case of the article 1447, if the disproportion was equal to or superior to two-thirds, is presumed to be the achievement by the lesionante of the pressing need of the injured.

Article 1449.- Appreciation of the disproportion

The disproportion between the benefits will be appreciated according to the value they have at the time of conclusion of the contract.

Article 1450.- Appropriation of excess

Fenece the process if the defendant, within the time limit to respond to the lawsuit, setpoint, the value difference.

Article 1451.- Reset value

The defendant may reconvenir the readjustment of the value. In this case, the judgment shall provide for the payment of the difference of the value set, the more your legal interests, within the period of eight days, under penalty of pleading terminated the contract.

Article 1452.- Action reset

In cases in which the action to annul an act referred to in article 1447 be useless for the injured, not be possible for the defendant to return the benefit received, it shall be the action of reset.

Article 1453.- Nullity of the renunciation of action through injury

It is void of renunciation of action through injury.

Article 1454.- Expiry of the right of action for injury

The action for injury expires six months of completion of the provision in-charge of the lesionante, but in any event within two years of the conclusion of the contract.

Article 1455.- Inadmissibility of the action for injury

Not applicable action for injury:

1. In the transaction.

2. On the sales made by an auction.

Article 1456.- Injury in the partition

May not exercise the right of action for injury to the co-owner who has disposed of assets for more than half of the value in which they were awarded.

Title X: a Contract in favour of third parties

Article 1457.- Definition

The contract in favour of a third party, the promisor undertakes in front of the promisee to enforce a provision in the benefit of a third person.

The promisee must have self-interest in the conclusion of the contract.

Article 1458.- Origin and enforceability of the right of the third party

The right of the third party arises directly and immediately on the conclusion of the contract. However, it will be necessary for the third party to make himself known to the promisee and the promisor their willingness to make use of that right, to be unenforceable, operating this statement retroactively.

The statement of the beneficiary may be prior to the contract.

Article 1459.- Declaration of heirs

The declaration of make use of the right can be made by the heirs of the third-party beneficiary, unless agreed differently.

Article 1460.- Lack of acceptance of the third party

If the third party does not agree to make use of the right, the promisee can enforce the profit in your favor.

Article 1461.- Enforceability of compliance to the promisor

The promisee has the right to require the fulfillment of the obligation by the promisor. The same right belongs to the third-party beneficiary once you have made the declaration referred to in article 1458, and to the heirs of the same in the case of article 1459.

Article 1462.- Exclusivity of the third party to enforce compliance

When it is left exclusively to the third party the right to make enforceable obligation of the promisor, the promisee will not be able to hold it.

Article 1463.- The right of replacement of the promisee

The promisee can book the contract the right to substitute the third-party independently of the will and of the promisor.

The substitution referred to in the previous paragraph is not transmitted to the heirs of the promisee, unless agreed differently.

Article 1464.- Revocation or modification of the law of the third

The promisee may revoke or modify the right of the third party while there have been no cases of acceptance provided for in articles 1458 and 1459.

Article 1465.- Intrasmisibilidad of the faculty of revocation or modification

The power of revocation or amendment is not transmitted to the heirs, unless agreed differently.

Article 1466.- Requirements for the revocation or modification

To the promisee, and their heirs, in your case, they can enforce the revocation or modification requires that the third party has made known the existence of the contract and has not expressed even the willingness to make use of its right.

Article 1467.- Contract termination by revocation

The revocation of the provision in favor of the third party termination of the contract, unless agreed differently.

Article 1468.- Waiver authority to revoke, modify or replace the contract

You can give up the power to revoke, modify or replace the contract in favour of third parties.

Article 1469.- Opposition to the rights of third parties

The promisor may assert against the third party the exceptions based on the contract, but not the ones that derive from other relations existing between him and the promisee.

Title XI: Promise of the obligation, or the fact of a third party

Article 1470.- Promise of the obligation, or the fact of a third party

You can promise the obligation or the fact of a third party, with the charge of which the promisor is bound to indemnify the other contracting party if the third party does not assume the obligation or does not meet the fact promised, respectively.

Article 1471.- The compensation as civilian service

In any of the cases in the article 1470, the compensation from the promisor has the character of a civilian service of the obligation, or the fact of the third party.

Article 1472.- Covenant anticipated compensation

It is possible to agree in advance the amount of the compensation.

Title XII: Contract person name

Article 1473.- Faculty of parts of appointing third party

At the conclusion of the contract can be agreed that either party reserves the power to appoint thereafter to a third party to assume the rights and obligations arising from that act.

The booking of appointment is not appropriate in cases where it is not supported or representation is essential to the determination of the contracting parties.

Article 1474.- Deadline for appointment of third party

The declaration of appointment must be communicated to the other party within a period not to exceed twenty days, from the date of conclusion of the contract.

The declaration of appointment has no effect if it is not accompanied by the acceptance of the person named.

Article 1475.- The formality of the statement of appointment

The declaration of appointment and acceptance by the person named must be of the same way that the parts have been used for the contract, even if it is not prescribed by law.

Article 1476.- Effects of the declaration of appointment

If the declaration of appointment is made valid, the person named will assume the rights and obligations arising from the contract, with effect from the time of the conclusion of this.

In the opposite case, or, when not made the declaration of appointment within the time limit, the contract takes effect between the parties to the contract native.

Title XIII: Arras confirmatory

Article 1477.- Delivery and return of arras

The delivery of arras confirmatory matter the conclusion of the contract. In case of compliance, who received the arras returned or charged on your credit, depending on the nature of the provision.

Article 1478.- Arras criminal

If the part that had been delivered to the premises do not comply with the obligation due to causes attributable to it, the other party may rescind the contract while retaining the earnest. If who did not meet is the party that has received, the other may rescind the contract and demand the double of the earnest.

Article 1479.- Rules applicable to the compensation

If the party has not breached the obligation prefer to sue the execution or termination of the contract, the award of damages is regulated by the general rules.

Title XIV: Arras of withdrawal

Article 1480.- Arras of withdrawal

The delivery of the earnest of withdrawal is only valid in preliminary agreements and grants the parties the right to retract them.

Article 1481.- Effects of withdrawal between parties

If she recants the part that delivers the earnest, you lose the benefit of the other contracting party.

If she recants who receives the guarantee, you must return them folded at the time of exercising the right.

Article 1482.- Waiver of the right of withdrawal

The party receiving the earnest money may waive the right of withdrawal.

Article 1483.- Effect of the final contract

If it is celebrated on the final contract, the person who receives the deposit will return it immediately or charged on your credit, depending on the nature of the provision.

Title XV: Obligations of sanitation

Chapter one: general Provisions

Article 1484.- Application of sanitation

There is a place to sanitation in the contracts relating to the transfer of the ownership, possession or use of a well.

Article 1485.- Sanitation

Under the sanitation, the transfer is required to respond to the acquirer by the eviction, by the hidden defects of the good or their doings which do not allow to allocate the transferred to the purpose for which it was acquired or decrease their value.

Article 1486.- Normal destination

If you do not indicate, expressly or implicitly, the purpose of the acquisition, it is presumed that the will of the parties is to give the okay to the normal destination according to its characteristics, the opportunity of the acquisition and the customs of the place.

Article 1487.- Transmission of the right to sanitation

Both the obligation and the right of sanitation is transmitted to the respective heirs.

Article 1488.- Expiration of the remedial action

The purchaser may require the sanitation both his immediate transfer as to the past, to the extent that they had been forced to do so with respect to their immediate buyers.

The periods of expiration of the remedial action against the transferentes previous to the right away from the celebration of their respective contracts.

Article 1489.- Faculty of the contracting parties in respect of sanitation

The contracting parties may expand, restrict, or remove the requirement of sanitation, except for the case referred to in article 1528.

Article 1490.- Limitation of Sanitation

In the forced sales made by the authorities and entities authorized by law, the sanitation is limited to the refund of the price that produces the transfer.

Second chapter: Sanitation for eviction

Article 1491.- Sanitation for eviction

You must sanitation by eviction when the acquirer is a private wholly or partially of the right of ownership, use or possession of a property in virtue of a court order or administrative decision, and by reason of a right of a third party, prior to the transfer.

Article 1492.- Eviction trespass or abandonment

Occurs to the eviction when the acquirer, with the assent of the transfer, comply to the demand or makes abandonment of the well without waiting for the resolution referred to in article 1491.

Article 1493.- Release of the transfer

If the acquirer, with the assent of the transfer, it has avoided eviction by the payment, the transfer can be free from all the consequences of sanitation with the refund of what you paid, the interest, of all expenses incurred by the acquirer and the compensation referred to in article 1495, paragraph 7.

Article 1494.- Irrelevance of sanitation

There is No place to sanitation by eviction when the right of the third party gets to be enforceable by dolo or culpa inexcusable of the purchaser.

Article 1495.- Rights of the purchaser under sanitation

The purchaser has under the sanitation, the right to request the transfer:

1. The value of the property at the time of the eviction, taking into account the purpose for which it was acquired.

2. The legal interests from the eviction.

3. The fruits yielded by the well during the time that I possessed of good faith or of its value, if it was forced to return them in the same well.

4. The costs of the eviction case, in case you have been forced to pay for it.

5. Taxes and expenses of the contract which have been borne by the purchaser.

6. All of the improvements made in good faith by the purchaser, not paid by the evincente.

7. The compensation of damages, when the transfer incurred in wilful misconduct or negligence in entering into the contract.

Article 1496.- Improvements made by the transfer

If the improvements are paid to the acquirer, having been made for the transfer, its value will be considered on account of what you have to pay it to him.

Article 1497.- Waiver of liability for eviction

When it is agreed that the transfer is not subject to the obligation of sanitation for eviction, if it occurs, it must return the consideration he has received, unless the purchaser expressly waives any such return. Is not valid for this waiver if the transfer acted with wilful misconduct or negligence is inexcusable.

Article 1498.- Notification of the complaint to the transfer

Promoted judgment of eviction, it is the purchaser required to request, within the time limit to respond to the lawsuit, the latter is notified of the transfer that he designates.

Article 1499.- Intervention substitute and an adjunct in the process

If the transfer goes to trial will take the place of the acquirer as a defendant until the conclusion of the trial.

When the purchaser requests it can help in the defense.

Article 1500.- Loss of the right to sanitation

The buyer loses the right to demand the sanitation:

1. If not asked, and took care to meet the transfer with the demand of the judgment of eviction.

2. If you have had the cause to arbitration without the consent of the transfer and the lost.

3. If relented the trial without the consent of the transfer.

4. If, at the conclusion of the contract knew that the well was contested or others.

5. By expiration, with the term of one year from the date on which occurred the eviction.

Article 1501.- Eviction partial

In case of eviction in part, the purchaser has the right to receive the value of the part of the good whose right is lost. However, you can opt for the termination of the contract, if the party is of such importance with respect to all that make it useless for the purpose of the acquisition.

Article 1502.- Eviction goods interdependent

The acquirer was able to exercise the faculty of optional article 1501 when it was transferred to two or more goods interdependent or in the aggregate, if by reason of eviction loses the right on any of them.

The right referred to in the previous paragraph applies even when you have pointed out a single value to every one of the assets transferred.

Chapter three: Sanitation for hidden defects

Article 1503.- Obligation of sanitation for hidden defects

The transfer is obligated to sanitation by the hidden defects existing at the time of transfer.

Article 1504.- Vices cognizable by the acquirer

Not considered hidden defects which the acquirer can learn to act with the diligence required in accordance with their aptitude and personal with the circumstances.

Article 1505.- Sanitation due to lack of qualities promised

There is a place to sanitation when the good lacks the qualities promised by the transfer that gave him courage, or made suitable for the purpose of the acquisition.

Article 1506.- Hidden defects in the transfer joint

When they are transferred to two or more goods collectively, the vice of each one shall give right to the action and shall not extend to the other, unless the buyer would not have acquired the other or others without the one that suffers from the vice. It is presumed the latter when you get a shot, yoke, couple, game, or similar, although it had set a value separated by each one of the goods that compose it.

Article 1507.- Sanitation in key assets, and accessories

When assets are transferred to primary and accessories, the vices that affect the first give rise to the sanitation of these and the accessories but not the reverse.

Article 1508.- Defects in consumable

The acquirer of a fungible good vitiated may require replacement of the sanitation, the delivery of another of the same kind.

Article 1509.- Loads, constraints, or any other hidden charges

There is a place to sanitation when there are loads, constraints, or any other hidden charges and that was not news to the conclusion of the contract, if they are of so much importance that decrease the value of the asset, make it useless for the purpose of acquiring or reduce their qualities to that effect.

Article 1510.- Sanitation absence of easements active

There is also a place to sanitation when there are no easements, active declared by the transfer to the conclusion of the contract, which would be suitable for the purpose of its acquisition.

Article 1511.- Action redhibitoria

The transferee may request, on the basis of sanitation to which it is bound the transfer, the resolution of the contract.

Article 1512.- Effects of the resolution

The resolution referred to in article 1511 imposed on the transfer of the obligation to pay to the purchaser:

1. The value the goods would have at the time of the resolution, if it is not the existence of the defect that affects you, taking into account the purpose of the acquisition.

2. The legal interest from the time of the citation with the demand.

3. Expenses or taxes of the contract paid by the purchaser.

4. The fruits of the good that were pending at the time of the resolution.

5. The compensation of damages, when the transfer has engaged in wilful misconduct or negligence in respect of the existence of vices.

Article 1513.- Action estimated

The acquirer may choose to ask that you pay what the good is worth less, by reason of a defect, at the time of exercise the action of payment, taking into account the purpose of your purchase, without prejudice to the right under article 1512, subsection 5.

Article 1514.- Expiration of the actions redhibitoria and estimated

The actions referred to in articles 1511 and 1513 expire after three months if it is movable and six, of real estate.

The time is calculated from the time of receipt of the good.

Article 1515.- Vices of little importance

When it comes to vices of little importance, the transfer can offer correct, if this is possible. If the offer is rejected by the acquirer, it can try only the action estimated, losing the redhibitoria.

Article 1516.- Prejudice to the transfer by loss of the good

The transfer suffers from the prejudice of the loss of a good if it perishes entirely by the hidden defects that I had.

Article 1517.- Loss through the fault of the purchaser

The transfer is free of liability if the defect that caused the loss of the well had this effect solely through the fault of the purchaser, although it had already existed at the time of the transfer.

Article 1518.- Loss by fortuitous event or force majeure

The transfer is free of liability if the good that suffers vice is lost by a fortuitous event or force majeure.

Article 1519.- Waiver of liability for hidden defects

When it is agreed that the transfer is not subject to the obligation of sanitation for hidden defects, if the well was lost by reason of such vices, you must return the consideration, unless the purchaser has expressly waived.

Article 1520.- Nullity of resignation to the sanitation

The waiver of sanitation is null when the transfer works with dolo or culpa inexcusable as to the existence of defects in the property at the time of the conclusion of the contract or agrees to the waiver.

Article 1521.- Hidden defects in the transfer of animals

In the transfer of animals, sanitation for hidden defects is governed by the special laws, or, in his default, by the uses. In the absence of the latter, they are to observe the above rules.

Article 1522.- Irrelevance of sanitation in the transfer of animals

There is No place to sanitation by hidden defect in the transfer of animals and livestock made in fair or at public auction, or in the cavalry of waste or in circumstances equivalent.

Article 1523.- Guarantee of good operation

If the transfer ensures the smooth operation of the transferred during a certain time, the buyer alleging a defect or malfunction must notify the transfer within seven days of discovery; and you can file the corresponding action within the period of two months from the date of the communication.

Chapter four: Sanitation for the fact itself of the transfer

Article 1524.- Sanitation made their own

The transfer is obligated to sanitation for the fact itself that decreases the value of the good, what makes it useless for the purpose of its acquisition, or reduces their qualities to that effect.

Article 1525.- Actions redhibitorias and estimatorias

On the basis of sanitation for the fact itself of the transfer, the transferee may exercise the actions referred to in articles 1511 and 1513. These actions are mutually exclusive.

Article 1526.- Expiry time

The timing of the actions referred to in article 1525 are the indicated in the article 1514.

Article 1527.- Exception of sanitation

If the transfer brought legal action intended to rebut any of the rights over the good that correspond to the transferee under the contract, it has the ability to deduce the exception of sanitation, the object of which is to put a final end to the trial.

Article 1528.- Invalidity of the covenant of release or limitation of the sanitation

Is null and void the covenant by which they intended to release or limit the obligation of sanitation of the transfer by an event volunteer theirs.

However, it may be valid, in the opinion of the judge, the exclusion or limitation of sanitation by concrete facts, the justification of which must be expressed in the contract.

Section two: Contracts nominees

Title I: Sale

Chapter one: general Provisions

Article 1529.- Definition

For sale the seller agrees to transfer ownership of property to the buyer, and the latter to pay the price in money.

Article 1530.- Cost of delivery and transportation

Delivery costs are borne by the seller and the expenses of transportation to a different location, the compliance are borne by the buyer, unless agreed differently.

Article 1531.- Conditions of contract

If the price of a transfer is set partly in money and partly in another well, you will qualify for the contract in accordance with the manifest intention of the contracting parties, irrespective of the designation given to you.

If it does not contain the intention of the parties, the contract is a swap when the value of the good is equal to or exceeds that of money; and purchase, if it is lower.

Second chapter: The good stuff of the sale

Article 1532.- Assets capable of purchase – sale

Can be sold assets existing or that may exist, provided that they are certain or capable of determination and the sale of which is not prohibited by law.

Article 1533.- Perecimiento part of the well

If when you made the sale had perished a part of the well, the buyer has the right to withdraw from the contract or a reduction for impairment, in proportion to the price that is set for the whole.

Article 1534.- Purchase and sale of future good

In the sale of a good that both sides know that this is future, the contract is subject to the condition precedent that come to existence.

Article 1535.- Risk amount and quality of the good future

If the buyer assumes the risk of the amount and quality of the good future, the contract is also subject to the condition precedent that come to existence.

However, if the asset comes into existence, the contract will begin from that time all their effects, whatever their size and quality, and the buyer must pay the full price.

Article 1536.- Purchase-sale of uncertain hope

In the cases of articles 1534 and 1535, if the buyer assumes the risk of the existence of the good, the seller is entitled to the whole of the price, although it does not exist.

Article 1537.- Commitment of sale of the property of others

The contract by which one of the parties undertakes to the other to acquire the property of a well that they both know that it is alien, is governed by articles 1470, 1471 and 1472.

Article 1538.- Conversion of the commitment of sale of property of others in the purchase – sale

In the case of the article 1537, if the party who has committed acquired after the property, is bound under that same contract to transfer the asset to the creditor, without worth covenant to the contrary.

Article 1539.- Termination of the commitment of sale of the property of others

The sale of the property of others is modelled at the request of the buyer, except that it would be known that he did not belong to the seller, or when he acquired the well, before the subpoena with the complaint.

Article 1540.- Purchase-sale of partially stranger

In the case of the article 1539, if the good is partially outside, the buyer can choose between requesting the termination of the contract or reduction of the price.

Article 1541.- Effect of termination

In cases of termination referred to in articles 1539 and 1540, the seller must repay to the buyer the price received, and pay the compensation for damages suffered.

You must reimburse equally the costs, interest and taxes of the contract actually paid by the purchaser and all of the improvements introduced by him.

Article 1542.- Acquisition of property in premises open to the public

Movable property acquired in shops or in premises open to the public are not reivindicables if they are covered with bills or policies of the seller. We reserve the right of the injured party for the exercise of civil or criminal proceedings against the person who sold them unduly.

Chapter three: The price

Article 1543.- Nullity by price unilaterally set

The sale is null and void when the determination of the price is left to the discretion of one of the parties.

Article 1544.- Determination of the price by third party

The validity of the sale when you trust the determination of the price to a third party designated in the contract or to be designated later, continue to apply the rules laid down in articles 1407 and 1408.

Article 1545.- Determination of price on the exchange or market

It is also valid for the sale if it is agreed that the price is he that hath the well on a stock exchange or market, in a certain place, and day.

Article 1546.- Automatic readjustment of the price

It is lawful that the parties set the price, subject to the provisions of the first paragraph of article 1235.

Article 1547.- Pricing in case of silence of the parties

In the sale of goods that the seller sell regularly, if the parties have not determined the price, nor have they agreed on the mode of identification, governs the price is usually established by the seller.

If they are goods that have a price of stock exchange or market, it is presumed, in the absence of express indication on the price, which governs the place to be delivery.

Article 1548.- Determined price net weight

In the sale in which the price is fixed by weight, in the absence of agreement, it is understood that it refers to the net weight.

Chapter four: Obligations of the seller

Article 1549.- Perfection of transfer

It is essential obligation under the seller to perfect the transfer of ownership of the property.

Article 1550.- State of the property at the time of delivery

The well must be delivered in the state in which they find in the time of the conclusion of the contract, including their accessories.

Article 1551.- Delivery of documents and titles of the asset sold

The seller must deliver the documents and certificates relating to the property or the use of the asset sold, unless agreed differently.

Article 1552.- Chance of delivery

The well must be delivered immediately after conclusion of the contract, unless the resulting delay to its nature or covenant is different.

Article 1553.- Place of delivery

In the absence of stipulation, the well must be delivered at the place at that location at the time of the conclusion of the contract. If the well outside uncertain, the delivery will be made at the domicile of the seller, once you make your determination.

Article 1554.- Delivery of the fruits of the well

The seller is liable to the buyer for the fruits of the well, in the case of being guilty of the delay of your delivery. If there is no fault, and is responsible for the fruits only in the event of any perceived.

Article 1555.- Delay in delivery of fruits

If, at the time of the conclusion of the contract the buyer knew the obstacles that delay the delivery, it does not apply the article 1554 nor the seller is responsible for the compensation for damages.

Article 1556.- Resolution for non-delivery

When you solve the sale due to lack of delivery, the seller must reimburse the buyer for the taxes and expenses of the contract that would have paid, and pay the damages.

Article 1557.- Extension of time limits for delay in delivery

Delayed delivery of goods by the seller in a contract for which the price must be paid in instalments, they will be extended for the time of the delay.

Chapter five: Obligations of the buyer

Article 1558.- Time, form and place of payment of the price

The buyer is obliged to pay the price at the time, in such manner and at the place agreed upon.

In the absence of agreement, and except for diverse uses, must be paid in cash at the time and place of the delivery of the product. If payment cannot be made at the place of delivery, shall be made at the domicile of the buyer.

Article 1559.- Resolution for non-payment of the balance

When you have paid part of the price and the contract has not stipulated deadline for the cancellation of the balance, the seller may exercise the right referred to in article 1429. Termination of the contract, the seller must return the part of the price paid, net of taxes and expenses of the contract.

Article 1560.- Resolution for lack of a guarantee for the balance

You will observe the provisions of article 1559 if the contract is resolved not to have been granted, within the agreed period, the warranty due for the balance of the price.

Article 1561.- Non-payment by armed

When the price must be paid by armed in different time periods, if the buyer fails to pay for three of them, successive or not, the seller may request the termination of the contract or to require the obligor the immediate payment of the balance, giving up the fees that are outstanding.

Article 1562.- Inappropriateness of the action resolution*

The parties may agree that the seller loses the right to opt for resolution of the contract if the buyer had paid a certain part of the price, in which case the seller will only be able to elect to require the payment of the balance.

* Article replaced by the Law 27420published on February 7, 2001 (link: lpd.pe/pxR8r).

Article 1563.- Effects of termination for non-payment

The resolution of the contract for breach by the buyer gives the seller to return what was received, with the right to a fair compensation for the use of the property and the compensation of the damages, unless otherwise stated.

Alternatively, it can be agreed that the seller will make his own, by way of compensation, some of the military that has received, in this case, the relevant provisions on the obligations with penalty clause.

Article 1564.- Resolution of the sale of goods not delivered

In the sale of goods not delivered to the buyer, if it does not pay the price, in whole or in part, or grant the guarantee to which it has bound, the seller can dispose of the asset. In such a case, the contract is terminated.

Article 1565.- Opportunity of the obligation of receiving the good

The buyer is obliged to receive the good in the time period specified in the contract, or at the point uses.

In the absence of an agreed period or for different uses, the buyer should receive the good at the time of the conclusion of the contract.

Article 1566.- The sale of goods enrolled

A contract of sale, terms of movables registered in the corresponding register are governed by the law of the matter.

Chapter six: Transfer of risk

Article 1567.- Transfer of risk

The risk of loss of property and certain, not attributable to the contracting passes to the buyer at the time of delivery.

Article 1568.- Transfer of risk prior to delivery

In the case of the article 1567 the risk of loss passes to the buyer prior to delivery of the goods if, being at your disposal, do not receive them within the time stated in the contract for the delivery.

Article 1569.- Transfer of risk in the purchase and sale by weight, number, or extent

In the case of sale of goods by weight, number or measure, it will apply article 1568 if you found the goods at his disposal, the buyer is not the case at the time stated in the contract or determined by the seller to weigh them, count them or to measure them, when they are at your disposal.

Article 1570.- Transfer of risk by issuing the different place of delivery

If at the request of the buyer, the seller issues the good place other than the one that was supposed to be delivered, the risk of loss passes to the buyer from the moment of their issue.

Chapter seven: Selling to the satisfaction of the buyer, to test and sample

Article 1571.- The sale to the satisfaction

The sale of goods to the satisfaction of the buyer is perfected only in the moment in which he declares his or her agreement.

The buyer must make her declaration within the time limit stipulated in the contract or by the uses or, in his default, within a reasonable period of time fixed by the seller.

Article 1572.- Sale to the test

The sale to the test is considered to be made under the condition precedent that the well has the qualities agreed, or be suitable for the purpose to which it is intended.

The test should be performed in the period and under the conditions laid down in the contract, or by the uses.

If you do not perform the test, or the result of this is not communicated to the seller within the period indicated, the condition will be fulfilled.

Article 1573.- Sale on shows

If the sale is made on a sample, the buyer has the right to terminate the contract if the quality of the good is not according to the sample or to the well-known in the trade.

Chapter eight: Trading on measure

Article 1574.- Sale by extension or room

In the sale of an asset with the indication of the size or scope, and for a price on the basis of one for each extension unit or place, the seller is obliged to deliver to the buyer the amount indicated in the contract. If this is not possible, the buyer is obliged to pay what is found more, and the seller to return the price to what you find for less.

Article 1575.- Rescission of the sale and purchase-to-measure

If the excess or shortage in the extension or room of the asset sold is greater than one-tenth of the one indicated in the contract, the buyer may opt for termination.

Article 1576.- Deadline for payment of the excess or return

When in the case of the article 1574 the buyer is not able to pay immediately the price of excess that it turned out, the seller is obliged to grant a term of not less than thirty days for payment.

If you do not, the term will be determined by the judge, in the via incidental, under the circumstances.

The same rule applies in your case, so that the seller return the resulting difference.

Article 1577.- Sale ad corpus

If the good is sold by setting a price for the whole and not according to their extension and / or place, even when it is indicated in the contract, the buyer must pay the full price despite the fact that you verify that the extension or accommodate real is different.

However, if it is stated in the contract extension or a place, and the actual differs from the one indicated in more than one tenth, the price will suffer the reduction or the increase proportional.

Article 1578.- Sale of goods homogeneous

If in the sale and purchase of several goods to be homogeneous by one and the same price, but with an indication of their respective extensions or fit, it is found that the extension or room is superior in one or some and lower in another, or other, you will make the compensation between the faults and excesses, to the limit of their concurrence.

If the price was agreed upon by extension unit or measure, the right to supplement, or the reduction in the price that is after the compensation, is regulated by the articles 1574 to 1576.

Article 1579.- Expiration of the action to annul an act

The right of the seller to increase the price and the buyer's declining, as well as the right of the latter to ask for the rescission of the contract, expire within six months of the acceptance of the goods by the buyer.

Chapter nine: Sale on documents

Article 1580.- Sale on documents

In the sale documents, the delivery of the asset is replaced by its title representative and the other documents required by the contract or, in his default, by the uses.

Article 1581.- Opportunity and place of payment

The payment of the price must be made at the time and in the place of delivery of the documents referred to in article 1580, unless otherwise agreed to, or different usage.

Chapter ten: Covenants that may be a part of the sale

Subchapter I: general Provision

Article 1582.- Covenants that may not integrate the sale

You can integrate the sale of any covenant licit, with the exception of the following, which are null:

1. The covenant of the best buyer, in virtue of which it can be canceled the purchase, be conceded that, if there is one who gives more for the good, return it to the buyer.

2. The covenant of preference, in virtue of which it imposes on the buyer the obligation to deliver the good to the seller for the another to propose, when you mean to alienate it.

Subchapter II: Sale with reservation of title

Article 1583.- Purchase sale with reservation of ownership

In the sale may be agreed that the seller retains ownership of the property until it has paid the entire price or a specified part of it, although the good has been delivered to the purchaser, who assumes the risk of its loss or deterioration from the time of delivery.

The buyer shall automatically acquire the right to ownership of the property with the payment of the amount of the agreed price.

Article 1584.- Opposability of the covenant of the reservation of ownership

The reservation of the property is enforceable against creditors of the buyer only if it consists in writing that you have a date certain prior to the embargo.

If the goods are enrolled, the reservation of the property is opposable to third parties provided that the covenant has been previously registered.

Article 1585.- Reservation of ownership in the lease – sale

The provisions of articles 1583 and 1584 are applicable to leases in which it is agreed that, at the end of the same, ownership of the property to be acquired by the lessee to the effect of the payment of the merced conductive agreed.

Subchapter III: Covenant repurchase

Article 1586.- Definition

By the repurchase, the seller acquires the right to unilaterally terminate the contract, without need of a judicial decision.

Article 1587.- Invalidity of provisions in the covenant of repurchase

Is null the stipulation imposed by the seller, in return for the termination of the contract, the obligation to pay the buyer an amount of money or other advantage to this.

Also is void as to the excess, the provision that obligates the seller to return, in case of termination of the contract, an additional sum that is not intended to preserve the purchasing power of the money.

Article 1588.- Deadline for exercising the right of withdrawal

The term for the exercise of the right of withdrawal is two years in the case of immovable property, and of one year in the case of furniture, unless the parties stipulate a shorter time period.

The term is computed from the conclusion of the sale. If the parties agree on a longer period than indicated in the first paragraph of this article, or extend the deadline for which is the greater of two years or a year, according to the case, the term or the extension are considered to be reduced to the legal term.

The buyer has the right to withhold the good to the seller to reimburse you for the improvements that are necessary and useful.

Article 1589.- Repurchase in joint property

The who have sold a well undivided with an agreement to repurchase, and the heirs of the that has sold the same covenant, may not use their right separately, but together.

Article 1590.- Repurchase, in separate sale

When the co-owners of a well undivided sold separately their shares in the co-ownership with an agreement to repurchase, each one of them can exercise, with the same separation, the right to terminate the agreement for their respective participation.

Article 1591.- Opposability of the repurchase

The covenant of the repurchase is opposable to third parties when it appears registered in the appropriate register.

Chapter eleven: the Right of withdrawal

Article 1592.- Definition

The right of withdrawal is that the law gives certain people for putting themselves in the place of the buyer, and in all the stipulations of the contract of sale.

The retrayente should reimburse the purchaser the price, taxes and expenses paid by it and, in his case, the interest due.

It is inappropriate to the withdrawal on the sales made by an auction.

Article 1593.- Withdrawal in dation in payment

The right of withdrawal also comes in the dation in payment.

Article 1594.- Origin of the right of withdrawal

The right of withdrawal proceeds in respect of movable property enrolled, and real estate.

Article 1595.- Non-waiver and intrasmisibilidad

It is indispensable and intrasmisible by an act between living the right of withdrawal.

Article 1596.- Deadline for exercising the right of withdrawal*

The right of withdrawal must be exercised within a period of thirty days from the communication of a date certain to the person that enjoys this right.

When your place of residence is not known or knowable, can take the form of communication through publications in the journal in charge of the legal notices and increased circulation of the town, for three times with interval of five days between each notice. In this case, the term is counted from the day following the day of the last publication.

* Article amended by the First Amending Provision of the DL 768, Code of Civil Procedure (which, in turn, was amended by the D-L 25940). The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 1597.- Special time for exercising the right of withdrawal*

If the retrayente know the transfer by any means other than that indicated in the article 1596, the term is counted from the date of such knowledge. For this case, the presumption contained in article 2012 is only binding after one year of registration of the transfer.

* Article amended by the First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).

Article 1598.- Warranty on withdrawal

When the price of the property was agreed to deadlines is required for the granting of a guarantee for the payment of the remaining amount, even if in the contract that gives rise to the withdrawal had not been agreed.

Article 1599.- Holders of the right of withdrawal*

You have a right of withdrawal:

1. [Repealed]

2. The co-owner, in the sale to third parties of lots undivided.

3. The trial, in the event of a sale by the opposite of the well that is being discussed by the court.

4. The owner, in the sale of the usufruct and to the reverse.

5. The owner of the soil and the land rent, in the sale of their respective rights.

6. The owners of urban land divided materially parties, that are not able to exercise their rights of property owners without subjecting the other parts of the well-to easements or services that reduce their value.

7. The owner of the land adjoining, in the case of the sale of a farm whose room does not exceed the drive for agricultural or livestock minimal respective, or when that one and this one together do not exceed the unit.

* Article amended by the DL 757published on November 13, 1991 (link: lpd.pe/2jrmN).

Article 1600.- Order of precedence of the retrayentes

If there is diversity in the titles of two or more that have the right of withdrawal, the order of preference as indicated in the article 1599.

Article 1601.- Withdrawal in the sale subsequent

When you have made two or more disposals before the expiry of the period for the exercise of the withdrawal, this right refers to the first sale only because of the price, charges, expenses and interests of the same. Have no effect, other disposals.

Title II: Swap

Article 1602.- Definition

By swap the permutantes are obliged to be transferred to one another the ownership of property.

Article 1603.- Rules applicable to the swap

The swap is governed by the provisions on purchase and sale, in what may be applicable.

Title III: Supply

Article 1604.- Definition

By the supply, the suministrante undertakes to execute in favour of another person's benefits of periodic or continuous goods.

Article 1605.- Test and formality of the contract of supply

The existence and content of the supply can be tested by any of the means which the law permits, but if it had been concluded in writing, the merit of the relevant instrument shall prevail over all other means of proof.

When the contract is concluded by way of a donation must be formalized in writing, under penalty of nullity.

Article 1606.- Volume and periodicity undetermined

When not set the volume of the supply or its periodicity, it is understood that it has agreed taking into account the needs of the supplied, determined at the time of the conclusion of the contract.

Article 1607.- Determination of the supplied

If the parties determine only the minimum and maximum limits for the total supply or for the performance unique, corresponds to the supplied set within these limits the volume of what is due to them.

Article 1608.- Payment of the price in the supply newspaper

In the regular supply, the price is payable in the event of the features unique and in proportion to each one of them.

Article 1609.- Determination of the price in the supply newspaper

If the regular supply of delivery of goods in the property, has not been determined, the price will be applicable to the relevant rules of the sale and shall be taken into consideration the time of maturity of the benefits singular and the place in which they must be complied with.

Article 1610.- Payment of the price in the continued supply

In continuous supply, the price you pay, the absence of an agreement, in accordance with the uses of the market.

Article 1611.- Time limit for performance unique

The deadline for the benefits singular is presumed to be in the interest of both parties.

Article 1612.- Expiration of benefits unique

When the recipient of the supply is the power to set the expiration of the performance unique, you must communicate to your date to the suministrante with a prior notice of not less than seven days.

Article 1613.- Supply for an indefinite period

If the duration of the supply is not set, each of the parties can be separated from the contract by giving notice in the agreed period or, failing that, within a period of not less than thirty days.

Article 1614.- Covenant of preference

In case you have agreed to the preference clause in favour of the suministrante or supplied, the duration of the obligation does not exceed five years and it boils down to this limit if set for a longer period.

Article 1615.- Proposal and exercise of the preference

In the case provided for in article 1614, the part that has the preference should be communicated in the form indubitable to the other conditions proposed by third parties. The benefited by the covenant of preference, in turn, is obliged to manifest within the term necessarily fixed, your decision to enforce the preference.

Article 1616.- Exclusive suministrante

When the supply contract has been agreed the clause of exclusivity in favor of the suministrante the recipient of the supply, you may not receive third-party benefits of the same nature, or to provide their own media to the production of things that are the object of the provision.

Article 1617.- Exclusive supplied

If the clause of exclusivity covenants in favor of the beneficiary of the supply, the suministrante may not, directly or indirectly, perform services of the same nature as those which are the subject matter of the contract, in any other place.

Article 1618.- Failure to promote the sale

The recipient of the supply that assumes the obligation to promote the sale of the property exclusively liable for the damages if you breach this obligation, even when you've satisfied the contract in respect of the minimum amount agreed upon.

Article 1619.- Breach of little importance

If the recipient of the supply does not satisfy the obligation that corresponds to it and this breach is of little importance, the suministrante may not suspend the execution of the contract without giving you prior notice.

Article 1620.- Resolution of the supply

When one of the parties is in breach of the benefits unique to that it is required, the other may request the termination of the contract if the breach has such importance that diminishes the confidence in the accuracy of the successive engagement.

Title IV: Donation

Article 1621.- Definition

For the donation, the donor agrees to transfer for free to the donee the property of a well.

Article 1622.- Donation mortis causa

The donation has to produce its effects by the death of the donor, shall be governed by the rules established for the probate estate.

Article 1623.- Donation verbal movable property*

The donation of a movable may be made orally, when their value does not exceed 25% of the Taxing Unit for Tax, in effect at the time the contract is concluded.

* Article amended by the Law 26189published on may 22, 1993 (link: lpd.pe/pYBdv).

Article 1624.- Donation by writing to movable property*

If the value of the personal property exceeds the limit set in article 1623, the donation should be made in writing to a date certain, under penalty of nullity.

The instrument must be specified and the value of the goods to donate.

* Article amended by the Law 26189published on may 22, 1993 (link: lpd.pe/pYBdv).

Article 1625.- Gifts of real estate

The donation of immovable property must be made in writing to the public, with indication of the individual's property or property donated, their real value and the loads that it has to satisfy the donee, under penalty of nullity.

* Article amended by the Law 26189published on may 22, 1993 (link: lpd.pe/pYBdv).

Article 1626.- Donation of furniture for wedding

The donation of movable property on the occasion of weddings or similar events is not subject to the formalities laid down in articles 1624 and 1625.

Article 1627.- Commitment to donate the property of others

The contract under which a person is obliged to get another purchase free of charge, the property of a well that they both know that it is alien, is governed by articles 1470, 1471 and 1472.

Article 1628.- Donation in favour of a tutor or curator

The donation in favor of the one who has been a tutor or curator of the donor is subject to the condition precedent of being approved the accounts and paid the balance resulting from the administration.

Article 1629.- Limits of the donation

No one can give by way of donation, more than you can dispose by testament.

The donation is void in everything that exceed this measurement.

The excess is regulated by the value they have or ought to have the goods at the time of the death of the donor.

Article 1630.- Donation joint

When the donation has been made to several persons jointly, shall be deemed equal parts and will not be including the right to grow.

Are excluded from this provision donations made jointly to husband and wife, among which will take place on the right to expand, if the donor does not set out to the contrary.

Article 1631.- [Reversal in favor of the donor]

You can set the reversal only in favor of the donor. As stipulated in favour of a third party is void; but it shall not result in the nullity of the donation.

Article 1632.- Implied waiver of the reversal

The consent of the donor to dispose of the goods that constituted the donation determines the waiver of the right of reversion. The consent of the donor to the constitution of a real guarantee by the donee does not matter waiver of the right of reversion, but in favour of the creditor.

Article 1633.- The benefit of the donor depleted

The donor who has worsened of fortune can only be waived to deliver the good donated the necessary part for their food.

Article 1634.- Invalid donation

Is void as a full-fledged donation made by a person who had no children, if it is live the son of the donor that it was said to be dead.

The donation made by whom he had no children at the time of concluding the contract, is not invalidated if they sobrevinieren, unless expressly was established this condition.

Article 1635.- Effects of invalidation

Invalid donation is restored to the donor, the good donated, or its replacement value if the donee had alienated or could not be restored.

If the well is donated is taxed, the donor releases the lien by paying the amount that corresponds to and remains subrogated in the rights of the creditor.

Article 1636.- The exception to invalidity of right

It is not void as a full-fledged donation in the case of the article 1634 when the value of the property donated does not exceed the tenth part of the property that had the donor at the time of making the donation. In this case, it is necessary that the donor's declared without effect.

Article 1637.- Revocation of donation

The donor may revoke the gift by the same causes of unworthiness to happen and desheredación.

Article 1638.- Intrasmisibilidad of the revocation

Not pass to the heirs, the power to revoke the donation.

Article 1639.- Expiration of the revocation

The power to revoke the donation expires six months from which came some of the causes of the article 1637.

Article 1640.- Communication of the revocation

No effect of the revocation if, within sixty days made by the donor, it is not communicated in the form indubitable to the donee or his heirs.

Article 1641.- Contradiction of the revocation

The donee or his heirs may contradict the causes of the revocation to which court is to decide on the merit of them. It shall be the completion of the revocation that was not contradicted within sixty days after communicated in the form indubitable to the donee or his heirs.

Article 1642.- Invalid donation to remuneration or otherwise subject to charge

In the case of donations remuneratorias or subject to charge, invalidation or revocation determines the obligation of the donor to pay to the grantee the value of the service rendered, or of the office satisfied.

Article 1643.- Fruits for revocation or invalidation

The fruits of donations revoked belong to the donor from which communicates in unquestionable of the revocation; and in case of invalidation of right, from that appointment with the demand of restitution of the property donated.

Article 1644.- Expiration of the donation

Expires gift if the donee causes intentionally the death of the donor.

Article 1645.- Donation inoficiosa

If donations exceed the portion available for the inheritance, shall be deleted or reduced in terms of the excess of more recent date, or on a pro rata basis, if they were of the same date.

Article 1646.- Donation for marriage

The donation made by reason of marriage is subject to the condition of the event.

Article 1647.- Irrevocability of the donation by marriage

The donation referred to in article 1646 is not revocable for cause of ingratitude.

Title V: Mutual

Article 1648.- Definition

By the mutual, the mutuante is obliged to deliver to the mutuatario a certain amount of money or goods supplies in exchange for a refund of others of the same kind, quality or quantity.

Article 1649.- Test and formality of the mutual

The existence and content of the mutual governed by the stipulations in the first part of the article 1605.

Article 1650.- Mutual between spouses

The mutual between spouses will by public deed, under penalty of nullity, when the value exceeds the limit prescribed by article 1625.

Article 1651.- Mutual representatives are unable or absent

The representatives of the disabled or absent, to celebrate mutual on behalf of the people whose property they manage, must comply with the provisions of article 1307.

Article 1652.- Mutual unable or absent

In the case of the article 1651, it will not be necessary the intervention of the representatives or the fulfillment of the formalities of the transaction, as the case may be, when the value of the good mutuado not to exceed ten times the minimum wage vital monthly.

Article 1653.- Delivery of well-mutated

The mutuante is required to make the delivery in the opportunity agreed and, failing that, at the time of the conclusion of the contract.

Article 1654.- Effect of delivery

With the delivery of the mutuado moves to the property to the mutuatario and from this moment the improvement, deterioration or destruction that have occurred.

Article 1655.- Presumption of the good condition of the well

Received well by the mutuatario, is presumed to be located in a state to be used for the purpose for which it was provided.

Article 1656.- Legal term return

When there is no fixed deadline for the return or it is the result of the circumstances, it is understood that it is thirty days from the delivery.

Article 1657.- Judicial deadline of return

If it has been agreed that the mutuatario pay only when you can do it or have the means, the term shall be fixed by the judge according to the circumstances and following the procedure established for the trial of small claims.

Article 1658.- Advance payment

If it is agreed that the mutuatario do not pay interest or other consideration to the mutuante, that you can make the payment before the stipulated time.

Article 1659.- Place of performance

The delivery of what is paid and your return will be made at the place agreed upon or, in default, in which it is accustomed to do so.

Article 1660.- Place of performance in the absence of agreement

When it has not been agreed place or there is usual, the delivery will be made on the site of the well and return the address of the mutuatario.

Article 1661.- Payment for the impossibility of the return of the

If the mutuatario could not return rather similar in kind, quality and quantity, at the you received, you will meet your delivery by paying the value it had at the time and place in which he had made the payment.

Article 1662.- Payment upon evaluation of the well

If in the case of the article 1661, were evaluated goods at the time of conclusion of the contract, the mutuatario is obliged to pay the value that is given to you, but be worth more or less at the time of payment.

Article 1663.- Interest payment

The mutuatario must pay interest to the mutuante, unless agreed differently.

Article 1664.- Usury covert

If in the mutual states received more that truly delivered, the contract is entered into by the latter, being of no effect as to the excess.

Article 1665.- Fake mutual

When you borrow an amount of money that must be repaid in goods or vice versa, is the contract of sale.

Title VI: Leasehold

Chapter one: general Provisions

Article 1666.- Definition

For the lease, the lessor is obliged to temporarily handing over to the lessee use of an asset by a certain agreed income.

Article 1667.- Faculty of lease goods

You can rent one who has this ability with respect to the goods that it manages.

Article 1668.- Disabled persons of lease

You can't take on lease:

1. The manager, the assets that it manages.

2. That which by law is prohibited.

Article 1669.- Lease of well-undivided

The co-owner of a good that undivided cannot lease it without the consent of the other participants. However, if you do so, the lease is valid if the other co-owners ratified, expressly or implicitly.

Article 1670.- Priority between tenants

When you lease a same property to two or more persons, is preferred to the lessee in good faith, the title of which has first been registered or, in the absence of registration, and that has begun to possess him. If none has begun to possess him, to be preferred to the lessee, the title of which is of earlier date, except that any recorded document of a date certain.

Article 1671.- Lease of the property of others

If the tenant knew that the property was aware of, the contract is governed by the provisions of the articles 1470, 1471 and 1472.

Article 1672.- Prohibition of tenants

The landlord may not perform in the well-innovations that reduce the use by the tenant.

Article 1673.- Repairs of leased property

If in the course of the lease either requires repairs that may not be deferred until the end of the contract, the tenant must tolerate even when importing deprivation of use of a part of it.

Article 1674.- Resolution or reduction of income

When to repair the well prevents the tenant to use a part of him, he has the right to terminate the contract or to the reduction in the income proportional to the time and to the part that you do not use.

Article 1675.- Restitution of real estate leased

The movable leased it needs to be restored to the place in which it was delivered, unless agreed differently.

Article 1676.- Payment of rent

The payment of the rent can be negotiated by periods expired, or developed. In the absence of stipulation, it is understood that it has been agreed by periods expired.

Article 1677.- Financial leasing

The leasing contract is governed by special legislation and, in their absence, by this title and articles 1419 to 1425, as applicable.

Chapter ii: Obligations of the landlord

Article 1678.- Obligation to deliver the good

The lessor is obliged to deliver to the lessee the leased property with all its accessories, in the time, place and the state agreed.

If it is not stated in the contract time or the place of delivery, must be done immediately where it is held, except that for custom to be made in another place or time.

Article 1679.- Presumption of good state

Given the well to the lessee, it is presumed that it is in a state of serve and with everything you need for your use.

Article 1680.- Additional obligations to the landlord

It is also required by the landlord:

1. To maintain the lessee in the use of the property during the term of the contract and to keep it in good condition for the end of the lease.

2. To perform during the lease all the necessary repairs, unless agreed differently.

Chapter three: Obligations of the lessee

Article 1681.- Obligations of the lessee

The lessee is obliged:

1. To receive the good, to care for it diligently, and to use it to the destination that is granted in the agreement or that it may be presumed from the circumstances.

2. To promptly pay the rent at the time and place agreed upon, and failing agreement, every month, at your home.

3. Pay public services provided for the benefit of the good, subject to the rules that regulate them.

4. To give immediate notice to landlord of any theft, disruption or imposition of servitude attempting against the well.

5. To allow the landlord to inspect for cause of the good, subject to prior notice of seven days.

6. To make repairs that correspond to it according to law or the contract.

7. Not to make reckless use of the good or contrary to public order or good customs.

8. Not to introduce any changes or modifications in the well, without the consent of the landlord.

9. Not to sublet the good, in whole or in part, or assign the agreement without the written agreement of the lessor.

10. To return the good to the lessor at the expiration of the term of the contract in the state in which you received it, with no more damage than that of ordinary use.

11. To comply with the other obligations provided for in the law or the contract.

Article 1682.- Repair by tenant

The tenant is required to give immediate notice to landlord of any repairs that have been made, the responsibility for damage and losses incurred.

If it is urgent repairs, the tenant must be done directly with the right to a refund, provided that warn you at the same time to the landlord.

In other cases, the cost of maintenance and routine maintenance are charged to the lessee, unless agreed differently.

Article 1683.- Responsibility for loss and deterioration of the well

The renter is responsible for the loss and the deterioration of the good that occur in the course of the lease, even if arising from fire, if you do not test that have occurred for reasons not attributable to him.

It is also responsible for the loss and deterioration caused by reasons attributable to the people who have supported, albeit temporarily, the use of the well.

Article 1684.- Loss and damage to the property insured

If the destroyed or damaged by fire had been insured by the landlord or for the account of the latter, the responsibility of the lessee against the lessor is limited to the difference between the compensation paid or payable by the insurer and the damage cash.

If it is well valued, and the insurance has been set at an amount equal to the appraisal, there is not the responsibility of the lessee against the lessor, if this is compensated by the insurer.

Stay safe, in any case, the rules concerning the right of subrogation of the insurer.

Article 1685.- Loss and deterioration in the plurality of tenants

If there are several tenants, all are responsible for the loss or deterioration of the well in proportion to the value of the part they occupy, unless it is proven that the incident began in the room or any part of the leased premises to one of them, who, in such a case, it will be the only responsible.

Article 1686.- Liability of the owner-occupant

If the landlord occupies any part of the premises, shall be considered as lessee, in respect of the liability referred to in article 1685.

Fourth chapter: the Duration of the lease

Article 1687.- Duration of the lease

The lease may be fixed or indefinite.

Article 1688.- Maximum term of a lease of specific duration

The term of the lease of fixed-term may not exceed ten years.

When the leased property belonging to public entities or to unable the term may not be longer than six years.

Any period or extension of time which exceed the terms indicated is understood to be reduced to such terms.

Article 1689.- Assumptions of the lease of fixed-term

In the absence of express agreement, it is presumed that the lease is for a specific duration in the following cases and for the periods indicated:

1. When the lease has a specific purpose, are understood to be agreed upon for the time necessary to carry it out.

2. If it is land located in places of the season, the lease term will be for a season.

Article 1690.- Lease of uncertain duration

The lease of uncertain duration is said to be for months or other period, as the rent is paid.

Article 1691.- Periods of forced and voluntary

The lease can be held for periods of forced and periods volunteers, and may be in favor of one or both parties.

Chapter five: Subletting and assignment of the lease

Article 1692.- Definition

The sublease is a lease all or part of the leased asset that celebrates the tenant in favour of a third party, in exchange for a rent, with the written assent of the landlord.

Article 1693.- Joint obligation of the parties

Both the subtenant as the tenant are bound jointly and severally liable to the landlord for the obligations assumed by the lessee.

Article 1694.- Accesoriedad of the sublease

At the conclusion of the lease is extinguished and the subleases whose terms have not expired, allowing himself to save the right of the subtenant to require the lessee to the corresponding compensation.

Article 1695.- Subsistence of the lease

The sublease does not end if the lease ceases consolidation in the person of the tenant and the landlord.

Article 1696.- Assignment of lease

The assignment of the lease is the transfer of the rights and obligations of the lessee in favor of a third party who replaces him and is governed by the rules of the transfer of contractual position.

Chapter six: Resolution of the lease

Article 1697.- Causal resolution

The lease can be resolved by:

1. If the tenant has not paid the last month's rent and is due for another month, and in addition to fifteen days. If the income was scheduled for periods greater, just the maturity of a single period, and in addition to fifteen days. If the rent should be for periods of less than a month, enough to overcome three periods.

2. In the cases provided for in subsection 1, if the tenant needed to have judgment upon him to pay for all or part of the rent, and is overcome with excess of fifteen days, the next installment without having paid the new income earned.

3. If the tenant gives the well-destination different from that for which it is granted expressly or tacitly, or permits any act contrary to public order or good customs.

4. By sublease or assign the lease against express agreement, or without the written assent of the landlord.

5. If the landlord or the tenant fails to comply with any of its obligations.

Article 1698.- Resolution for non-payment of rent

The resolution for non-payment of the income is subject to the agreement, but in no case will proceed, in the case of houses covered by special laws, if they have not been enrolled for at least two monthly payments and fifteen days.

Chapter seven: Conclusion of the lease

Article 1699.- End of lease fixed term

The lease of fixed-term concludes at the expiration of the term established by the parties, without the need for prior notice of any of them.

Article 1700.- Continuation of lease of fixed-term

The expiration of the term of the lease, if the tenant remains in the use of the leased asset, it is not understood that there are tacit renewal, but the continuation of the lease under the same terms, up to the landlord to request your return, which you can request at any time.

Article 1701.- Conversion of the periods volunteers in forced

In the lease whose term is agreed by periods forced to both parties and volunteers at the option of one of them, the periods volunteers will go on to become one-to-one in labour if the party that is granted the option not to tell the other that the lease will end at the end of the periods of forced or every one of the volunteers.

The notice referred to in the previous paragraph must be submitted at least two months prior to the day of the expiration of the respective period, if it is immovable property, and of not less than a month, in the case of other goods.

Article 1702.- Periods volunteers for both parties

If the contract provides that the periods are voluntary for both parties, it is sufficient that any one of them to give to the other notice as prescribed in article 1701 for the lease ends at the end of the periods of forced.

Article 1703.- End of the lease of uncertain duration

It puts an end to a lease of uncertain duration by giving notice in or out of court to the other contracting party.

Article 1704.- Enforceability of the return of the property and collection of penalty

The expiration of the term of the contract or completion of the notice of conclusion of the lease, if the lessee returns the good, the lessor has the right to demand their return, and to collect the penalty agreed upon or, failing that, an allowance equal to the income of the preceding period, until his return effective. The collection of any of them no matter the continuation of the lease.

Article 1705.- Causal conclusion extrajudicial

In addition to conclude the lease, without need of judicial declaration, in the following cases:

1. When the landlord is defeated in lawsuit on the right that I had.

2. If it is necessary for the preservation of the asset that the lessee to return in order to repair it.

3. By the complete destruction or loss of the rented property.

4. In the event of expropriation.

5. If, within ninety days of the death of the lessee, his heirs used the well, communicate with the landlord that you do not continue to the contract.

Article 1706.- Consignment of the property

In any case the conclusion of the lease or the lessee the right to solve it, if you put the good available to the landlord and he or she can not or do not want to receive it, he will be able to enter it.

Article 1707.- Extinction of liability for appropriation

From the day on which the tenant pays the deposit is extinguished his liability for the income, except that the challenge to the consignment was declared to be founded.

Article 1708.- The sale of the leased asset

In the event of the transfer of the leased property shall be as follows:

1. If the lease was signed, the acquirer must comply with the contract, being replaced from the time of its acquisition to all the rights and obligations of the landlord.

2. If the lease has not been entered, the taker can take it for completed.

Exceptionally, the acquirer is obliged to respect the lease, if he assumed this obligation.

3. In the case of movable property, the transferee is not bound to comply with the agreement if you received your possession in good faith.

Article 1709.- Responsibility for well-disposed

At the end of the lease for the sale of the leased asset, the lessor is obliged to pay the damages incurred by the lessee.

Article 1710.- Continuation of the lease with the heirs of the lessee

If two or more heirs of the lessee to use the well, and the half or the greater number of them does not manifest his will of fire suppression, continues the contract for these, without any responsibility of the other.

In such a case, it does not remain the warranties that were made in favor of the landlord. This has, however, have the right to require additional guarantees; if not granted within fifteen days, concludes the contract.

Article 1711.- Authorization to vacate leased property

To empty the well, the hirer must first obtain written consent of the lessor, or, in their absence, the appropriate authority.

If the tenant vacates the good without any of these authorizations, you will be responsible for:

1. Income and payments for services to their charge that accrues after the vacancy until the landlord to take possession of the good.

2. Of the damages corresponding.

3. Of a third party to enter on it.

Article 1712.- Lease special

The lease contracts regulated by special laws governing supplemented by the rules of this title.

Title VII: Lodging

Article 1713.- Definition

For the stay, the host is obliged to provide the guest hostel and, in addition, food and other services contemplated in the law, and uses, in exchange for a fee. This may be fixed in the form of a fee by the competent authority, if it comes to hotels, inns, or other similar establishments.

Article 1714.- Subject to the rules regulations and general provisions

The accommodations are subject to the rules and regulations and the terms and conditions approved by the competent authority.

Article 1715.- Rights of the guest

The guest has the right to demand that the host that the room in mind the hygiene and functioning of normal services and that the food, in their case, respond to the requirements of quality and hygiene.

Article 1716.- Exhibit rates

The establishments intended for accommodations be displayed in a visible place the rates and terms and conditions that govern this contract.

Article 1717.- Right of retention

The luggage and other goods delivered or brought in by the guest respond preferentially by the payment of the remuneration of the stay and for the damage that he had caused to the property, allowing the host to retain them until its cancellation.

Article 1718.- The responsibility of the host as depositary

The host responds as depositary for the money, jewelry, documents and other property received in the custody of the guest and must be put in your care, the ordinary care required by the nature of the obligation and corresponding to the circumstances of persons, time and place.

Article 1719.- The responsibility of the host on objects of common use

The host responds equally the objects of common use, introduced by the host, provided that it meets the requirements of the notice that will be posted in a visible place of the guest rooms.

The competent authority shall determine the limit of liability.

Article 1720.- Statement of objects of common use

The host has the right to request from the host, within twenty-four hours of admission, a written statement of the objects of common use are introduced, as well as to check its accuracy.

Article 1721.- Negative to the custody of the goods

The host may not refuse to receive into custody or to introduction of the goods referred to in article 1718, without fair reasons. Considered to be such, the excessive value of the property in connection with the importance of the establishment, as well as their nature as to constitute an obstacle with regard to the capacity of the local.

Article 1722.- Extension of the responsibility of the host

The responsibility of the host for the custody of property deposited or inserted extends to the acts or omissions of the family members who work with him and their dependents.

Article 1723.- Communication of theft, loss or deterioration of goods

The guest is obliged to inform the host the theft, loss or deterioration of the goods introduced into the facility as soon as it has knowledge of it. Not to do so, shall be excluded, the liability of the host, except when such acts are produced by dolo or culpa inexcusable of the latter.

Article 1724.- Release of liability of the host

The host has no liability if it proves that the theft, loss or deterioration of the goods brought in by the guest must be their fault exclusively, or of those who will come to visit, join, or are dependent yours, or if you have as the cause of the nature or defect of them.

Article 1725.- Expiration of the credit of the host

The credit of the host expires six months from the time of termination of the contract.

Article 1726.- Valet parking and similar

The additional service, parking of vehicles or the like, is governed by articles 1713 to 1725, as applicable.

Article 1727.- Extension rules of rules of accommodation

The provisions of articles 1713 to 1725 include hospitals, clinics, and medical homes or resting, business establishments, or public shows, resorts, restaurants, clubs, ships, aircraft, cars-bed, and the like, in which are applicable to them.

Title VIII: Commodatum

Article 1728.- Definition

For the contract, the lender is obliged to deliver free of charge to the borrower a non-consumable, to use it for a certain time or to a certain order, and then return it.

Article 1729.- Free use of well-consumable

There is free use of a good to be consumed only if it is paid to the condition that it not be consumed.

Article 1730.- Proof of commodatum

The existence and content of the contract are governed by the provisions of the first part of the article 1605.

Article 1731.- Presumption of the good state of well-received

It is presumed that the borrower received the good in good state of use and conservation, in the absence of proof to the contrary.

Article 1732.- Increase, reduction and loss of the well

Corresponds to the lender the increase and diminution or loss of the well, except the fault of the borrower or covenant to fulfill all of prejudice.

Article 1733.- Intrasmisibilidad of commodatum

The rights and obligations arising from the contract are not transmitted to the heirs of the borrower, except that the well has been given on lease for a purpose that cannot be suspended.

Article 1734.- Prohibition of giving in use

The borrower may not assign the use of the property to a third party without written consent of the lender, under penalty of nullity.

Article 1735.- Obligations of the lender

The obligations of the lender:

1. To deliver the good in the agreed period of time.

2. Promptly notify the borrower if the well is suffering from any bad habit you know.

3. Do not request the return of the well before the deadline stated and, in the absence of the covenant, before having served the purpose for which it was given in commodatum, except in the case provided for in article 1736.

4. Pay the extraordinary costs that would have done the borrower for the conservation of the well.

Article 1736.- Early repayment of the well

If the lender needs urgent unexpected good, or it proves that there is a risk of deterioration or loss if it continues in the possession of the borrower, may request its return before the expiry of the term or have served for the use.

Article 1737.- Contract of indeterminate duration

When it has not been determined the duration of the contract, the borrower is obliged to return the well when the lender requests it.

Article 1738.- Obligations of the borrower

The obligations of the borrower:

1. Protect and preserve the well with the greatest diligence and care, being responsible for the loss or deterioration that does not come from nature or from the ordinary usage.

2. Use the well for the use specified in the contract or, failing that, according to the nature of the same and the usual, being responsible for the deterioration or loss from the abuse.

3. Allow the lender to inspect the well to establish its state of use and conservation.

4. Pay the ordinary expenses necessary to require the conservation and use of the well.

5. To return the good within the stipulated period or, failing that, after the use for which it was given on lease.

Article 1739.- Eximencia of liability for ordinary use

The borrower does not respond if the good is damaged or modified for the effect of the use for which it has been delivered.

Article 1740.- Expenses of receipt and return of

The expenses of the reception and restitution of the property are borne by the borrower.

Article 1741.- Liability for use other than the well

The borrower employs the well for a use other than, or for a term longer than the agreed upon is responsible for the loss or damage occurred due to causes not imputable to the company, except to prove that these events would have occurred even when not been used differently or would have returned in your opportunity.

Article 1742.- Responsibility for perecimiento of the well

The borrower must pay the value of the asset given on lease if it perishes because that is not attributable, when he would have been able to avoid it by replacing it with one of their own.

Article 1743.- The responsibility for the deterioration and loss of well-priced

If the well was assessed at the time of conclusion of the contract, loss or deterioration is the account of the borrower, even when it would have happened by a cause not imputable to the company.

Article 1744.- Instead of returning the

The borrower must return the well-given on lease to the lender or to the person entitled to receive it, and in the place in which you received it.

Article 1745.- Suspension of the return of the property

The borrower may not suspend the restitution on the grounds that the lender does not have the right over the good, unless it has been lost, stolen, or stolen, or that the borrower is designated as the depositary by judicial mandate.

Article 1746.- Appropriation well

If the borrower assumes that it has been given in commodatum a good lost, stolen or stolen, you must inform us, immediately and under the responsibility, with citation of the lender and the alleged owner, if known.

Article 1747.- Suspension of return

The borrower is obliged to suspend the return of if you intend to use it for the commission of a criminal offence.

In this case, you must inform us, immediately and under the responsibility, with citation of the lender.

Article 1748.- Right of retention

The borrower has the right to withhold the good, only when it will not have been paid for the extraordinary expenses referred to in article 1735, subsection 4.

Article 1749.- Sale by the heirs of the borrower

If the heirs of the borrower would have alienated the good without knowledge of the lease, the lender can demand that you pay your value or yield of any rights under the sale will correspond, unless you have made use of the action reinvindicatoria.

If the heirs had known of the contract, shall be indemnified in addition to the damages.

Article 1750.- Payment for the impossibility of restoring the good

When it is impossible to return the good, the borrower shall pay, at the option of the lender, another of the same kind and quality, or value, in accordance with the circumstances and place in which it should have been restored.

Article 1751.- Finding good given in commodatum

Paid well because in contract for to have been lost, if it is subsequently found by the borrower, will not be able to force the lender to receive it but it will have the power to recover, returning to the borrower that it received.

If the finding is done by the lender, can hold you back from the good or value received or, in his default, by giving the well-found to the borrower.

If the well was found by a third party, the lender is entitled to claim it and, once recovered, will be returned to the borrower what it had paid.

Article 1752.- Joint and several liability plurality of comodatarios

If the well has been given on lease to two or more people to use it at the same time, they are all jointly and severally liable.

Article 1753.- Expiry of the right of action for damage to or modification of the well

The action of the lender to claim the deterioration or modification of the well, when the cause is attributable to the borrower, expires six months of having recovered.

Article 1754.- Expiration of the action of reimbursement of extraordinary expenses

The action of the borrower to reimburse the extra costs referred to in article 1735, subsection 4, expires six months after back to the well.

Title IX: Delivery of services

Chapter one: general Provisions

Article 1755.- Definition

For the provision of services to agree that they or their outcome will be provided by the provider to the customer.

Article 1756.- Modalities of the provision of the services

Are modalities of the provision of services nominees:

to. The location of services.

b. The contract of work.

c. The mandate.

d. The deposit.

e. The kidnapping.

Article 1757.- Contracts unnamed provision of services

They are also modalities of the provision of services, and are applicable to the provisions contained in this chapter, the contracts unnamed I give to you for you to do and I do for des.

Article 1758.- Provision of services between absent

It is presumed acceptance among absent when the services subject matter of the contract constitute the regular profession of the recipient of the supply, or the exercise of his official capacity, or when the services are publicly posted, unless the recipient does know his excuse, without delay.

Article 1759.- Timing of payment

When the service is paid, the payment will be paid after a service has been provided or accepted the result, except where, by convention, by the nature of the contract, or by custom, must be paid in advance or periodically.

Article 1760.- Limits of the provision

The provided services may not exceed the limits of the assignment.

However, you can deviate from the instructions received if you complete the assignment in a manner more advantageous than that expressed in the contract or when it is reasonable to assume that the principal would approve of your conduct if you knew certain circumstances that it was not possible to communicate in a timely manner.

Article 1761.- Tacit approval of the excesses of the provision

Informed the purchaser of the apartment of the instructions by the provider of services, the silence of the one-time superior to him who had the power to decide, according to the uses or, in his default, according to the nature of the matter, the matter of the approval of the commission.

Article 1762.- Responsibility for the provision of professional or technical services

If the provision of services involves the solution of matters of professional or technical issues of special difficulty, the service provider shall not be liable for damages, but in the case of wilful misconduct or negligence is inexcusable.

Article 1763.- Death or incapacity of the service provider

The contract for the provision of services is extinguished by death or incapacity of the provider, except that the consideration of his person had not been the main reason of the contract.

Chapter two: Location services

Article 1764.- Definition

For the location of services the landlord is obliged, without being subordinated to the client, to provide services for a certain time or for a particular work, in exchange for a fee.

Article 1765.- Object

May be the subject of the contract all kinds of material and intellectual services.

Article 1766.- Personal service

The landlord must provide personally the service, but you can use, under your own responsibility and management, assistants, and substitutes if the cooperation of others is permitted by the agreement or by usage and is not incompatible with the nature of the provision.

Article 1767.- Determination of the remuneration

If you have not set the remuneration of the landlord and cannot be determined in accordance with the rates or professional uses, it will be set in relation to the quality, entity, and other circumstances of the services provided.

Article 1768.- Maximum term of location services

The maximum term of this contract is six years if it comes to professional services and three years in the case of another class of services. If it agrees to a longer term, the stated maximum limit may only be invoked by the landlord.

Article 1769.- Conclusion early

The landlord can terminate the provision of services for just cause, before the expiration of the stipulated period, provided they do not cause prejudice to the purchaser.

You have the right to the reimbursement of the expenses incurred and the remuneration of services rendered.

Article 1770.- Rules applicable when the landlord provides materials

The provisions of articles 1764 to 1769, are applicable when the landlord provides the materials, provided that they do not have predominantly been taken into consideration.

Otherwise governed by the provisions on the sale.

Third chapter: a Contract of work

Article 1771.- Definition

The contract for the work, the contractor undertakes to do a specific work and the client to pay a fee.

Article 1772.- Subcontract work

The contractor may not subcontract the full realization of the work, unless a written authorization of the purchaser.

The liability towards the client is solidarity between the contractor and the subcontractor, with respect to the subject matter of the subcontract.

Article 1773.- Obligation of the purchaser

The materials needed for the execution of the work shall be provided by the customer, except custom or covenant is different.

Article 1774.- Obligation of the contractor

The contractor is obliged:

1. To do the work in the manner and terms agreed to in the contract or, in default, in which it is used.

2. To give immediate notice to the purchaser of the defects of the soil or of the poor quality of the materials provided by it, if it is discovered before or in the course of the work and can compromise your regular execution.

3. To pay for the materials you get, if, through negligence or inability of the contractor, are able to be used for the realization of the work.

Article 1775.- Prohibition of introducing variations

The contractor may not introduce variations in the characteristics agreed terms of the work, without the written approval of the purchaser.

Article 1776.- Work by setting elevation*

The required to make a work by setting elevation has the right to compensation for variations agreed in writing with the client, always mean more work or increase in the cost of the work. The client, in turn, has the right to a compensatory adjustment in the case of these variations mean less work or decrease in the cost of the work.

* Article amended by the Law 25291published December 24, 1990 (link: lpd.pe/21nbo).

Article 1777.- Inspection of the work

The purchaser has the right to inspect, by their own account, the execution of the work. When in the course of it, a check that is not executed as agreed, and according to the rules of the art, the client can set an appropriate deadline for the contractor to adjust to such rules. After expiry of the term set, the purchaser can request the rescission of the contract, without prejudice to the payment of the compensation for damages.

In the case of a building or a property destined by its nature to long-term, the inspector must be a qualified technician and have not participated in the elaboration of studies, drawings and other documents necessary for the execution of the work.

Article 1778.- Check the work

The purchaser, prior to the reception of the work, has the right to verification. If the purchaser neglects to proceed to her without just cause or fails to communicate its result within a short period of time, the work is considered to be accepted.

Article 1779.- Tacit acceptance of the work

It is understood and accepted the work, if the client receives it without reservation, even if there has been verification.

Article 1780.- Work to the satisfaction of the customer

When it is stipulated that the work has been done to the satisfaction of the purchaser, to a lack of conformity, is understood to be reserved for the acceptance of the relevant expertise. All covenants other than is null.

If the person who is to accept the work is by a third party, will be provided in the articles 1407 and 1408.

Article 1781.- Piece by piece, or as*

The obligation to make a piece-by-piece or measure, you have the right to verification by the parties and, in such case, to be paid in proportion to the work done.

The payment does boast the acceptance of the part of the work done.

Does not produce this effect the disbursement of simple quantities to account, nor the payment of assessments for progress of work agreed upon.

* Article amended by the Law 25291published December 24, 1990 (link: lpd.pe/21nbo).

Article 1782.- Responsibility for diversity and vices of the work

The contractor is obliged to answer for the diversity and the vices of the work.

The reception of the work, without reserve of the customer, the discharge of liability to the contractor by the diversity and the vices outside this.

Article 1783.- Actions that the principal defect of the work

The client may request, at its election, that the diversities or the vices of the work is removed at the expense of the contractor, or that the remuneration be reduced proportionately, without prejudice to compensation for damages.

If the differences or the vices are such as to render useless the work for the purpose agreed upon, the purchaser can request the rescission of the contract and compensation for damages.

The client must communicate to the contractor the diversity or the vices within sixty days of received the work. This term is of expiration. The action against the contractor prescribes a year of construction of the work.

Article 1784.- Contractor liability for destruction, vices, or ruin

If in the course of the five years from its acceptance of the work is destroyed, totally or partially, or presents a clear danger of ruin or serious defects by a defect of the construction, the contractor is responsible to the purchaser or his heirs, whenever you give written notice of a date certain within six months of the discovery. All covenants other than is null.

The contractor is also responsible, in the cases referred to in the previous paragraph, due to the poor quality of the materials or by a defect of the soil, if it is that would have supplied the first or elaborated studies, drawings and other documents necessary for the execution of the work.

The time limit for bringing the action is of a year, computed from the day following the notification referred to in the first paragraph.

Article 1785.- Assumption of the absence of responsibility of contractor

There is not the responsibility of the contractor in the cases referred to in article 1784, if he proves that the work is executed according to the rules of art, and in strict accordance with the instructions of the professionals who developed the studies, plans and other documents necessary for the execution of the work, when they are provided by the client.

Article 1786.- Faculty of the purchaser

The client can be separated from the contract, even when it has started the execution of the work, compensating the contractor for the work done and the costs incurred, the materials prepared and what has been able to win if the work had been completed.

Article 1787.- Payment obligation to the death of the contractor

In case of termination of contract on death of contractor, the client is obliged to pay to the heirs until the limit that will be useful in the works, in proportion to the remuneration agreed for the entire work, the costs incurred and the materials prepared.

Article 1788.- Loss of work through no fault of the parties

If the work is lost without the fault of the parties, the contract is resolved as of right.

If the materials are supplied by the purchaser, the contractor is obliged to refund those who have not been lost and the client is not obliged to pay the remuneration of the portion of the work not executed.

In the case of a contract for fitting flat-rate or per unit of measure, the contractor must return the remuneration corresponding to the portion of the work not executed, but is not obligated to replace it or restore it. For its part, the purchaser is not obliged to pay the remuneration proportional to the portion of the work not executed.

Article 1789.- Substantial deterioration of the work

If the work is impaired substantially by cause not attributable to the parties, the article 1788.

Chapter four: Mandate

Subchapter I: general Provisions

Article 1790.- Definition

For the term, the contractor is obliged to perform one or more legal acts, for the account and in interest of the principal.

Article 1791.- Presumption of s

The term is presumed to be expensive.

If the amount of the remuneration has not been agreed, is fixed on the basis of the rates in the trade or profession of the representative; in the absence of these, by the uses; and, in the absence of one and the other, by the judge.

Article 1792.- Extension of the mandate

The mandate includes not only the acts to which it has been conferred, but also those that are necessary for compliance.

The general mandate does not include acts that are in excess of the ordinary administration, if they are not expressly stated.

Subchapter II: Obligations of the contractor

Article 1793.- Obligations of the contractor

The contractor is obliged:

1. To practice personally, except different layout, the actions included in the mandate, and subject to the instructions of the principal.

2. To communicate without delay to the client the execution of the mandate.

3. To be accountable for their performance in the opportunity set, or when required by the client.

Article 1794.- Responsibility of the contractor

If the contractor uses to his benefit or allocated to another order to the money or property that has been of use to the fulfilment of the mandate or be required to deliver to the ordering party is obliged to restitution and the payment of the compensation for damages.

Article 1795.- Solidarity in mandate set

If there are several leaders, and are required to act jointly, their liability is solidary.

Subchapter III: Obligations of the principal

Article 1796.- Obligations of the principal

The ordering party is obliged in front of the representative:

1. To provide the necessary means for the execution of the mandate and for the fulfillment of the obligations in such order has been incurred, unless agreed differently.

2. To pay the compensation that corresponds to him, and to make provision for her according to uses.

3. To reimburse the expenses incurred for the performance of the mandate, with legal interest from the day they were made.

4. To pay the damages and losses suffered as a result of the mandate.

Article 1797.- Default of the principal

The agent may refrain from executing the mandate in both the principal is in arrears in front of him in the performance of their obligations.

Article 1798.- Preference of the representative

The contractor shall have the right to satisfy the claims to which you are entitled according to article 1796 with the goods which have been the subject of the business that has been completed, with a preference on your client and on the creditors of the latter.

Article 1799.- Right of retention

Also can the contractor shall retain the goods get to the ordering party in accordance with the mandate, while not meeting the obligations to which you are entitled according to paragraphs 3 and 4 of article 1796.

Article 1800.- Joint and several liability in the mandate collective

If there are several constituents, their obligations of the representative common are joint and several.

Subchapter IV: Termination of the mandate

Article 1801.- Causes of extinction

The mandate is terminated by:

1. Total execution of the mandate.

2. Expiration of the term of the contract.

3. Death, interdiction or incapacitation of the principal or of the agent.

Article 1802.- Validity of acts subsequent to the extinction

Are valid acts of the representative performed before knowing the extinction of the mandate.

Article 1803.- Mandate in the interest of the agent or of a third party

The death, interdiction or incapacitation of the ordering party does not extinguish the mandate when it has been held also in the interest of the agent or of a third party.

Article 1804.- Termination of the mandate by special causes

When the mandate is terminated by death, interdiction or incapacitation of the president, his heirs or those who represent or assist them, should be immediately reported to the principal and take in the meantime the measures required by the circumstances.

Article 1805.- Termination of the mandate set

When there are several agents with the obligation to act collectively, the mandate is terminated for all even when the cause of the extinction of any one of the constituents, unless otherwise stated.

Subchapter V: Mandate with representation

Article 1806.- Rules applicable to mandate with representation

If the representative is the representative for having received power to act on behalf of the client, are also applicable to the mandate of the rules laid down in title III of Book II.

In this case, the representative should act on behalf of the principal.

Article 1807.- Presumption of representation

It is assumed that the mandate is with representation.

Article 1808.- Termination by revocation or renunciation of power

In the mandate with representation, the revocation and renunciation of power involving the termination of the mandate.

Subchapter VI: Mandate without representation

Article 1809.- Definition

The agent acts in its own name acquire the rights and assume the obligations resulting from acts that celebrates in the interest of and for the account of the ordering party, even if the third party had knowledge of the mandate.

Article 1810.- Transfer of property acquired by the contractor

The representative is automatically bound in virtue of the mandate to transfer to the principal property acquired in the execution of the contract, subject to the rights acquired by third parties in good faith.

Article 1811.- Obligations assumed by principal

The ordering party is obliged to assume the obligations assumed by the contractor in execution of the mandate.

Article 1812.- Responsibility of the contractor for breach of a third party

The contractor is not liable to the client by the lack of fulfillment of the obligations assumed by the persons with whom it has contracted, not to be that at the time of conclusion of the contract knows or should be known to its insolvency, unless agreed differently.

Article 1813.- Inafectación of property for debts of the representative

The creditors of the contractor may assert their rights over the property that he had acquired in the execution of the mandate, provided that consists of document of a date certain prior to the request made by the creditors in order to affect such goods embargo or other measures.

Chapter five: Bucket

Subchapter I: voluntary Deposit

Article 1814.- Definition

By voluntary deposit, the depositary is obliged to receive a well to safeguard it and return it when requested by the depositor.

Article 1815.- Deposit made to a unable

There is No civil action for the deposit made to a unable, but only to recover what exists, and to require the value of what is consumed for the benefit of the depositary.

Article 1816.- Proof of deposit

The existence and content of the deposit is to be governed by the provisions of the first paragraph of article 1605.

Article 1817.- Transfer of deposit

Cannot be assigned the deposit without written permission of the depositor, under penalty of nullity.

Article 1818.- Presumption of gratuity

The deposit is to be presumed to be free, except that, for a covenant other than, or for the professional quality, by the activity of the depositary, or other circumstances, it appears that it is paid.

If the parties do not determine the amount of remuneration, it is regulated according to the customs of the place of conclusion of the contract.

Article 1819.- Duty of custody and preservation of good

The depositary should be put in the custody and preservation of the good, under the responsibility, the ordinary care required by the nature of the obligation and corresponding to the circumstances of persons, time and place.

Article 1820.- Prohibition of the use of the well-deposited

The depositary may not use the well on their own benefit or a third party, except with the express authorization of the depositor or of the judge. If you violate this prohibition, and is responsible for the deterioration, loss, or destruction of the good, even for a fortuitous event or force majeure.

Article 1821.- Release of liability of the depositary

There is No place to liability, provided for in article 1820, if the depositary is proof that the deterioration, loss, or destruction would have occurred even though it had not made use of the well.

Article 1822.- Variation of the mode of custody

When there are urgent circumstances, the depositary may exercise the custody of a different way from the one agreed upon, by giving notice to the depositor as soon as possible.

Article 1823.- Deterioration, loss, or destruction of the good without the guilt

Not be the responsibility of the depositary, the deterioration, the loss or the destruction of the well have occurred without fault, except the case provided for by article 1824.

Article 1824.- Deterioration, loss, or destruction by the fault or defect apparent

The depositary is liable for the deterioration, loss, or destruction of the goods if it is due to your fault, or when they come from the nature or vice apparent of the same, if he did not do what is necessary to avoid or correct them, giving further notice to the depositor in respect began to manifest themselves.

Article 1825.- Deposit reserved

The obligation of custody and preservation of the well understand the respect the seals and locks on the package or cover the continent, except authorization of the depositor. It is presumed the guilt of the depositary in the case of a fracture or forcing.

Article 1826.- Responsibility for violation of deposit reserved

Whether you have broken seals, or forced the locks because of the depositary, will be the statement of the depositor as to the number and quality of the goods deposited in the absence of evidence distinct performed by the depositary.

Article 1827.- Secret store

The depositary must not violate the secret of a deposit, or may be obliged to disclose it, except judicial mandate.

Article 1828.- Deposit of securities

The depositories of securities, or documents that accrue interest, they are obliged to make their payment at the times of their maturity dates, as well as to practice the acts that are necessary for these documents to preserve the value and the rights that correspond to them.

Article 1829.- Irregular deposits

When the depositor allows the depositary to use the well, the contract becomes a contract or mutual, according to the circumstances.

Article 1830.- Returning the deposit

The depositary must return the good at the request of the depositor, although it had agreed period, unless the contract has been concluded for the benefit or interest of the depositary or a third party.

Article 1831.- Deposit in the interest of a third party

If the well is deposited also in the interest of a third party, and it communicates its accession to the contracting parties, the depositary may not be freed restituyéndolo without the consent of the third party.

Article 1832.- Deposit for an indefinite period

If the contract has not been fixed period, the depositary may make restitution of the property at any time, provided that we notify you to the depositor with cautious anticipation to receive.

Article 1833.- Early repayment of the well

The depositary has just reason to not keep the good you can, before the time designated, return it to the depositor, and if he refuses to receive it, you must enter it.

Article 1834.- Person who should restore the good

The depositary should not return the good, but to whom is entrusted him or to the person in whose name it is made the deposit or the one to whom it is directed to the time of the conclusion of the contract.

Article 1835.- Inability sobreviniente of the depositary

If the custodian becomes incapacitated, the person that takes over the administration of their property, shall immediately proceed to the restitution of the property or as shall be set if the depositor does not want to receive it.

Article 1836.- Appropriation for the sake of provenance criminal

Should not be made restitution to the depositor of the well if the custodian has knowledge of its provenance criminal, in which case you should inform us immediately, with citation of that and under the responsibility.

Article 1837.- State of the well to the back

The depositary must return the same well-received, in the condition at the time of its restitution, with its accessories, fruits and income.

Article 1838.- Deposit of well-divisible

The depositary will return to each depositor a part of the well, provided that it is severable, and if, at the conclusion of the contract, has been indicated what each one is.

Article 1839.- Return to plurality of depositors

If there are several depositors and had not been willing to whom shall he make restitution, in the absence of agreement shall be made according to the methods established by the judge.

The same rule applies when a single depositor happen several heirs.

Article 1840.- Return to the plurality of repositories

If there are several trustees, the depositor will be asked for the restitution to which you have a well, giving immediate notice to the other.

Article 1841.- Waiver of restoring the good

The depositary who loses possession of the asset as a result of an event that is not attributable, is liberated able to restore it, but it shall immediately to the depositor, under the responsibility. The depositor can demand what you have retrieved the depositary and shall be replaced in their rights.

Article 1842.- Obligation of the return of the substitute

The depositary who loses no blame on the right and get another in his place, he is obliged to deliver to the depositor.

Article 1843.- Liability of heirs for the transfer of the well

The heir to the depositary that alienated the well-knowing that he was in a tank, just needs to be restored to what it would have received or to assign its rights against the buyer, in case that the value would not have been delivered.

In the event that the heir, you know that the well is in deposit, are subject to the provisions of the preceding paragraph, and answers, in addition, for damages.

Article 1844.- Return of the property by the death of the depositor

In case of death of the depositor, the well must be returned to your heir, legatee or executor.

Article 1845.- Return to the represented

The deposit made by the administrator shall be returned to the person that he was when the contract was entered into, if he had finished his administration or management.

Article 1846.- Return to the representative of the incapable

On the deposit made by an incompetent, the well can not be returned but to those who represent them legally, even when the disability has occurred subsequent to the contract.

Article 1847.- Refusal of the return of the property

Except for the cases provided for in articles 1836 and 1852, the depositary may not refuse to return of the property, and if it does, is liable for damages.

We will apply the same rules if denieth the deposit, and this will was proved at trial.

Article 1848.- Instead of returning the

The return of the deposit is done in the place in which he was in custody.

Article 1849.- Costs of delivery and return

The costs of delivery and return are account of the depositor.

Article 1850.- Property of the depositary

The depositary is released from all obligations if it turns out that the well belongs to him and that the depositor does not have any right on this.

Article 1851.- Reimbursement of expenses

The depositor is obliged to reimburse the depositary for the expenses made in the custody and preservation of the well-deposited and to pay the corresponding compensation.

Article 1852.- Right of retention

The depositary may only withhold the well until it is paid what is owed by reason of the contract.

Article 1853.- Deposits regulated by special laws

Deposits in banks, cooperatives, financial, general deposit warehouses, mutual funds and other similar institutions are governed by the special laws that regulate them.

Subchapter II: Deposit required

Article 1854.- Definition

The deposit required is that which is made in compliance with a legal obligation, or under the pressure of a fact or situation that is unexpected.

Article 1855.- Compulsory receiving the deposit necessary

Every person is obliged to receive the deposit required, unless you have physical impairment or other justification.

Article 1856.- Rules applicable to the deposit necessary

The deposit required is governed supplemented by the rules of the voluntary deposit.

Sixth chapter: Abduction

Article 1857.- Definition

For the kidnapping, two or more depositors trust the depositary, in the custody and preservation of a good for which controversy has emerged.

Article 1858.- Formality of kidnapping

The contract must be in writing, under penalty of nullity.

Article 1859.- Administration of the well

When the nature of the goods required by, the depositary has the obligation to administer it.

Article 1860.- Conclusion of contracts entered into by the depositary – manager

Any contract concluded by the depositary in accordance with the provisions of article 1859, he concludes that, as of right if, before the expiry of the term, shall put an end to the dispute.

Article 1861.- The sale of well-kidnapped

In case of imminent danger of loss or serious impairment of the well, the depositary may be sold with the authorization of the judge, and knowledge of the depositors.

Article 1862.- Disability or death of the depositary

If the custodian becomes incapacitated or dies, the depositor, shall appoint a replacement. In case of discrepancy, the appointment is made by the judge.

Article 1863.- Solidarity of the depositors and right of retention

The depositors are jointly and severally liable for the payment of the remuneration agreed, the expenses, costs and any other expenses arising from the kidnapping. The depositary may withhold the good in both has not been satisfied her credit.

Article 1864.- Claim of right by dispossession

The depositary that it is deprived of the well can claim it who have it in their power, including any of the depositors who has been taken without consent of the other or without the mandate of the judge.

Article 1865.- Release of the depositary

The depositary may be released just prior to the termination of the dispute with the assent of all the depositors or for cause at the discretion of the judge.

Article 1866.- Delivery

The well must be delivered, pursuant to the outcome of the dispute, to whom it belongs.

Article 1867.- Rules applicable to the kidnapping

Apply to the sequestration rules of the voluntary deposit, as applicable.

Title X: Bond

Article 1868.- Definition

By the bail bond, the surety agrees in front of the creditor to comply with a particular provision, in order to guarantee an obligation of others, if it is not fulfilled by the debtor.

The bond may be formed not only in favor of the debtor, but of another guarantor.

Article 1869.- Bond without the intervention of the debtor

It is possible to strengthen without order, and without notice, or against the will of the debtor.

Article 1870.- Deposit of legal entities

The representatives of legal persons may be granted bail on behalf of their clients, provided that they have sufficient power.

Article 1871.- The formality of the bond

The bond must be in writing, under penalty of nullity.

Article 1872.- Bond future obligations

It can be given security guarantee of future obligations determined or determinable, the amount of which is not yet known, but you may not claim against the guarantor until the debt is liquid.

It is equally valid the bail bond for an obligation or conditional term.

Article 1873.- Extension of the obligation of the surety

It only remains to bound the surety for that which specifically had been committed, and may not exceed what should the debtor. However, it is valid, that the surety is obliged in a way more efficient that the debtor.

Article 1874.- Excess of the obligation of the surety

If there is excess referred to in article 1873 of the bond is valid within the limits of the main obligation.

Article 1875.- Character accessory of the bond

The bond cannot exist without a valid obligation, unless it has been constituted to ensure an obligation voidable by default personal capacity.

Article 1876.- Requirements of the surety, and warranty replacement

Obliged to give bail must submit a capable person to be bound, who owns sufficient assets to cover the obligation and achievable within the territory of the Republic. The bondsman, in this case, is subject to the jurisdiction of the court of the place where you met the obligation of the debtor.

The bound can replace the bond pledge, mortgage or anticresis, with the agreement of the creditor or approval of the judge, except different layout of the law.

Article 1877.- Insolvency of the guarantor

When the surety has become insolvent, the debtor must replace it with another that meets the requirements laid down in article 1876.

If the debtor fails to give other guarantor or does not offer other suitable guarantee, the creditor has the right to demand the immediate compliance of the obligation.

Article 1878.- Extension of the bail

The bond, if it were not limited, extends to all the accessories of the principal obligation, as well as the costs of the judgment against the surety, which would have been earned after being required for the payment.

Article 1879.- Benefit of discussion

The guarantor cannot be compelled to pay the creditor without prior discussion of the debtor's assets.

Article 1880.- Opposability of the benefit of discussion

For the guarantor can take advantage of the benefit of the excursion, you must oponerlo to the creditor, then it requires it for payment, and prove the existence of the debtor's goods achievable within the territory of the Republic, that are sufficient to cover the amount of the obligation.

Article 1881.- The responsibility of the creditor negligent in the excursion

The creditor negligent in the excursion of the property of the debtor is liable up to where they meet, of insolvency as a result of your carelessness.

Article 1882.- Goods not considered in the discussion

Shall not be taken into account for the excursion, the goods are seized, litigious, hypothecated, given in anticresis or pledged, by preferred debts, in part, that is necessary for its performance.

If the debtor's assets do not produce more than a partial payment of the debt, the creditor can take action against the surety for the balance, including interest and costs.

Article 1883.- Denial of the benefit of discussion

The tour does not take place:

1. When the guarantor has expressly waived it.

2. When you have bound jointly and severally with the debtor.

3. In the event of bankruptcy of the debtor.

Article 1884.- Risks to the creditor negligent

The creditor negligent in the excursion of the goods designated by the guarantor assumes the risk of loss or no persecution of these goods for the purposes of the trip.

Article 1885.- Exceptions of the surety against creditor

The surety may assert against the creditor all the exceptions that correspond to the debtor, although it has renounced them, except those that are inherent in his person.

Article 1886.- Joint and several liability of guarantors

To be several guarantors of the same debtor and for the same debt, and all of them had been forced to benefits are the same, each one is responsible for the whole of your obligation, unless we have agreed for the benefit of the division.

Article 1887.- The benefit of division

If it has been stipulated for the benefit of the division, any guarantor who is sued for the payment of the debt may require the creditor to reduce the action to the part that corresponds to it.

If any of the guarantors is insolvent at the time that another has asserted the benefit of the division, is bound only by the insolvency, in proportion to their quota.

Article 1888.- Benefit of discussion of the subfiador

The subfiador enjoys the benefit of discussion, both in respect of the guarantor as debtor.

Article 1889.- Subrogation of surety

The guarantor who pays the debt is subrogated to the rights which the creditor has against the debtor.

If it has compromised with the creditor, may not ask the debtor more than what you actually paid.

Article 1890.- Compensation to the guarantor

The compensation that must be paid to the guarantor comprises:

1. The total amount paid by the guarantor.

2. The legal interest rate from what I would have done to know the payment to the debtor, although not what would happen to the creditor.

3. Expenses caused to the surety, after you put it in the knowledge of the debtor that has been required for the payment.

4. The damages, when applicable.

Article 1891.- Subrogation to the guarantor of co-debtors solidarity

If there are several debtors are bound jointly and severally, the guarantor has guaranteed for all can subrogation against any of them for the full amount of what you paid.

Article 1892.- Inappropriateness of the action against the principal debtor

The co-signer has no action against the debtor if, for having omitted to inform the payment made, it has terminated also the debt.

The above is without prejudice to the right of recourse of the surety against the creditor.

Article 1893.- Repetition of the surety against cofiadores

When several people granted bail to the same debtor for the same debt, the surety who has paid has action against the other guarantors for their respective part. If any of them is insolvent, the portion of it is distributed proportionally among others.

Article 1894.- Exceptions to the debtor against guarantor

If the surety pays no notice to the debtor, the latter may enforce against him all the exceptions that would have been able to assert against the creditor.

Article 1895.- The exceptions among cofiadores

The cofiadores can oppose paid the same exceptions that would have corresponded to the debtor against the creditor, and that is not inherent to the debtor.

Article 1896.- Advance payment by surety

The guarantor who paid in advance to the principal obligation may not be of subrogation against the debtor, but after the expiration of the term of that.

Article 1897.- Shares of the guarantor prior to the payment

The bondsman can act against the debtor, before you have paid, so that it can relieve or, in default, to pay sufficient guarantee to ensure the satisfaction of any rights of subrogation in the following cases:

1. When the debtor is cited for the payment.

2. When the debtor becomes insolvent or perform any act aimed at the decrease of their heritage.

3. When the debtor is forced to removing him from the security deposit within a specified time period, and it has expired.

4. When the debt has become payable.

Article 1898.- Bail for certain period

The guarantor agrees for a period of time, is free from liability if the creditor does not require notarial or judicial enforcement of the obligation within the fifteen days following the expiration of the term, or abandons, the action started.

Article 1899.- A bond without a fixed term

If the bail has been granted without a fixed term, can the guarantor ask the creditor to when the debt is payable, cash in on your right and claim to the debtor. If the creditor does not exercise this right within thirty days after required or if it leaves the procedure, the guarantor is released from its obligation.

Article 1900.- Release of surety by dation in payment

That released the surety if the creditor accepts the debtor is a well in payment of the debt, even after you lose by eviction.

Article 1901.- Extinction of bail bond for an extension to the debtor

The extension granted to the debtor by the creditor without the consent of the guarantor extinguishes the bail, unless it has been agreed to in advance.

Article 1902.- Release of the guarantor for the impossibility of subrogation

The surety is released from their obligation whenever by any act of the creditor not be able to substitute itself.

Article 1903.- Consolidation between debtor and surety

The consolidation of the debtor with the surety, does not extinguish the obligation of the subfiador.

Article 1904.- Documents that do not constitute bail

Letters of recommendation or other documents that assure or certify the integrity or solvency of someone does not constitute a deposit.

Article 1905.- Rules applicable to the legal bail

Articles 1868 to 1904 governed, as applicable, the provision of bail in cases where this is necessary for provision of the law.

Title XI: arbitration Clause and arbitration agreement

Article 1906 to 1922.- [Repealed]*

* Items are repealed by D-L 25935published on December 10, 1992 (link: lpd.pe/kPAPP).

Title XII: annuity

Article 1923.- Definition

By the annuity is suitable for the delivery of a sum of money or other fungible good, to be paid in the periods stipulated.

Article 1924.- Lessons of a life annuity

The annuity may be a consideration or free of charge.

Article 1925.- Formality in annuity

The annuity is constituted by public deed, under penalty of nullity.

Article 1926.- Formality in annuity

For the duration of the annuity should be noted the life of one or more persons.

The contract will determine the life at the conclusion of the rent, when it has fixed at the head of several people.

Article 1927.- Grounds for annulment of the Annuity

Is null the annuity whose term was set at the head of a person who had died on the date of the deed.

It is also void the annuity incorporated in the head of a person suffering from disease, if he died by direct effect of it within the thirty days following the date of the deed.

Article 1928.- Death of a creditor in income in favour of a third party

When the creditor of an income which is incorporated into the head of a party dies before this, the income passes to their heirs until the death of the third party.

Article 1929.- Transfer

When the payer of the income dies before the third party on whose head has established its duration, the obligation is transmitted to the heirs of that.

Article 1930.- Adjustment of a life annuity

Is valid, the clause that allows for the adjustment of the rent in order to keep it in constant value.

Article 1931.- Plurality of beneficiaries

If the establishment of the income in favor of several persons, and do not express the portion of which will enjoy each and every one, it is understood that they benefit by equal installments.

Article 1932.- Annulment of the prohibition of assignment or attachment of income

Is null and void the covenant, which prohibits the assignment of income constituted a consideration or the lien of this debt the person who is favored.

Article 1933.- Test of survival

The creditor may not demand payment of the rent if it is not justified that the person lives in whose head it was, to not be the life of the creditor was scheduled for the duration of the contract.

Article 1934.- Lack of payment

The lack of pension payments, overdue gives the lender the right to claim only the payment of them, and the assurance of the future.

Article 1935.- Resolution of contract for lack of a guarantee

The beneficiary for whom they established the annuity for consideration may request the termination of the contract if the one who received the well and were forced to pay the pension, it does not give the warranties set forth.

Article 1936.- Payment term advance

If it was agreed that the payment would be made by instalments developed, it has conquered the elapsed time since the death of the person whose life it was agreed rent.

If the creditor dies as it happens the next provision to pay, paid the rent in proportion to the days in which he has lived the subject in whose head was forged.

If the benefit is paid in advance, the rent is due in its entirety.

Article 1937.- Extinction of income

If he dies the person whose life is designated for the payment of the rent, it extinguishes it and there is no obligation to return the goods which were the consideration.

Article 1938.- Penalty for death caused by the forced

The person required to pay the annuity to cause intentional death of the person whose life was, shall return the goods received as consideration with its fruits, without being able to demand the return of income before you paid it.

Article 1939.- Effects of the suicide of the required

If it is the income of the head of the one who pays, and it loses its life by suicide, the creditor has the right to return the goods with its fruits, the deduction of the amounts that would have been received by income.

Article 1940.- Right to grow in a life annuity

In case of established income in favor of, and at the head of two or more persons or only in favor of the latter, except between spouses, the death of any of them does not makes the part of those who survive, unless agreed differently.

Article 1941.- Annuity probate

The annuity is constituted by will be subject to the provisions of articles 1923 to 1940, as applicable.

Title XIII: Game and the bet

Article 1942.- Definition

By playing the game and the bet allowed, the loser is forced to deliver the service agreed upon, as a result of a future event or one made, but unknown to the parties.

The judge may reduce equally the amount of the allowance when it is excessive in relation to the economic situation of the loser.

Article 1943.- Game and bet unauthorized

The game and the bet is not authorized are those that are lucrative, without being prohibited by law, and to not give action to claim your results.

Who pays the voluntary debt issued by the game and the bet is not allowed, can not apply for repeat, except that you have acted with wilful misconduct in obtaining the profit or the repitente is unable to.

Article 1944.- Game and bet prohibited

The game and the bet will be prohibited are those expressly set forth by law. There is No legal action for a claim by its result and, in the case of the payment is null and void.

Article 1945.- Nullity of legalization of gambling debts and bets

The debts of the games and bets that are referred to in articles 1943 and 1944 may not be the subject of novation, grant of security for your payment, or any other legal act to conceal or wrap your recognition. However, the nullity cannot oppose the third party in good faith.

These debts may not be subject to issuance of debt securities, the order of the winner and against the loser, except for the rights of the third party in good faith.

Article 1946.- Inappropriate repetition in debt paid by third party

The third party without consent of the loser pays the debt of a game or bet not authorized does not have action to claim your refund. However, if the loser will cancel the amount paid, will be subject to the provision contained in the second paragraph of article 1943.

Article 1947.- Game and bet massive

The contracts of lottery, betting on sports, betting horse racing, cockfighting, and other shows and contests similar, are governed by the legal regulations or administrative provisions. In these cases it is not applicable to the reduction provided for in the second paragraph of article 1942.

Article 1948.- Authorization for sweepstakes and contests

Raffles and other contests public possible will be pre-authorized by the appropriate authority.

Article 1949.- Expiration of the collection action

The action to claim the debt arising from the games and bets allowed to expire a year after being put your result into the public, unless a different period indicated by a special law.

Third section: business Management

Article 1950.- Definition

Who lacking powers of representation, and without being bound, assumed consciously, the management of the business or the management of property of another that ignores it, should desempeñarla advantage of it.

Article 1951.- Solidarity in a plurality of managers

When the acts referred to in article 1950 were undertaken jointly by two or more persons, the responsibility is that of solidarity.

Article 1952.- Obligations of the owner of the property or business

Even if I had not ratification, express, the owner of the property or business that takes advantage of the management, you must fulfil the obligations that the manager has been assumed by him in his own name and be responsible for them; and to reimburse the expenses incurred by the manager with the legal interest generated from the day that you have made; and to indemnify the damages and losses suffered by the manager in the performance of the management.

The same obligation is concerned with when the management had for the purpose of avoiding any prejudice imminent, although it will not be any material advantage.

Article 1953.- The responsibility of the manager

The judge will appreciate the circumstances that led to the manager to undertake the management to fix the amplitude of its responsibility, to establish the amount of expenses that will be reembolsársele and fix the compensation for the damages he may have suffered in the performance of the management.

Fourth section: Enrichment without cause

Article 1954.- Action by enrichment without cause

Whoever is enriched unduly at the expense of another is bound to compensate you.

Article 1955.- Inadmissibility of the action for enrichment without cause

The action referred to in article 1954 is not admissible if the person who has suffered the damage may exercise further action to obtain indemnity.

Fifth section: unilateral Promise

Article 1956.- Definition

By the unilateral promise, the promisor is bound, by his own declaration of will, to comply with a particular provision in favor of another person.

For which the recipient is a creditor of the provision necessary, your consent, express or tacit, which operates retroactively to the time of the promise.

Article 1957.- Limitation of unilateral promise

The unilateral promise binding only to the benefit promised in the cases provided for by law or by prior agreement between the parties concerned.

Article 1958.- Presumption of substantive account

The person in favor of the which is done by a unilateral declaration of a promise of payment, or a recognition of debt, is provided to prove the fundamental relationship, the existence of which is presumed.

Article 1959.- Public promise

The one who by means of public announcement promises to unilaterally a benefit to anyone in a certain situation or perform a certain act, is bound by his promise from the moment that it is made public.

Article 1960.- Enforceability of the provision offered

Anyone found to be in the situation referred to in the promise or you have executed the act referred to in it, may require the provision offered.

If several people have the right to such a provision, this corresponds to the one who first gives notice to the promisor of being in the situation or have executed the act.

Article 1961.- Promise plural

If several people cooperate to the object for which it is publicly pledged to the service, it will be divided equally among all, catering to the part that each one had on the result.

Article 1962.- Public promise without a fixed term

The public promise no term of validity determined, either by not having fixed the promisor or not to be of the nature or purpose of the promise, it requires the promisor only for the term of one year from the time it was made public.

Article 1963.- Revocation of public promise

All promise to the public can be revoked by the promisor at any time.

However, if it were with a term of validity determined, only for just cause may be revoked by the promisor within the indicated period, with the charge of the compensation of damages and losses that the cancellation has caused to those who justifiably placed your confidence in the validity of the promise.

Article 1964.- Invalidity of the revocation

The revocation of the article 1963 is not valid in the following cases:

1. If it has not been made public in the same form of the promise, or in an equivalent manner.

2. If you already have verified the situation referred to in the promise or have executed the act referred to in it.

Article 1965.- Waiver of the right to revoke

May be waived in advance the right to revoke the promise.

Article 1966.- Promise as a contest prize

The promise of provision as a prize in a contest is only valid when it is set in the announcement of a deadline for the completion of the contest.

The decision on the admission of the contestants or the awarding of the prize to any of them, belong solely to the persons designated in the promise, and, in the absence of this designation, the promisor is binding in both cases the decision.

Article 1967.- The property of the winning works

The prize-winning works in the contests of the article 1966 only belong to the promisor if this has been stipulated in the announcement of the promise.

Article 1968.- Applicable standards

Govern, in addition, the provisions of the articles 1361, second paragraph, 1363, 1402, 1409, and 1410, as they are supported by the nature of the promise.

Sixth section: non-contractual Liability

Article 1969.- Compensation for damage sluggish and negligent

The one who by wilful misconduct or negligence causes damage to another shall be liable to compensate you. The disclaimer for lack of wilful misconduct or negligence corresponds to its author.

Article 1970.- Responsibility for risk

The one who through a well risky or dangerous, or by the exercise of an activity that is risky or dangerous, causes damage to another, is obliged to repair it.

Article 1971.- Absence of responsibility

In No liability in the following cases:

1. In the regular exercise of a right.

2. In self-defence of the person or of another, or in safeguard of a well themselves or others.

3. In the loss, destruction or deterioration of a well because of the removal of an imminent danger, produced in a state of need, that does not exceed what is essential to avert the danger, and whenever there is a notorious difference between the well sacrificed and well saved. The proof of the loss, destruction or deterioration of the well is in charge of the released of the danger.

Article 1972.- Irresponsibility due to a fortuitous event or force majeure

In the case of article 1970, the author is not obliged to repair when the damage was a result of unforeseeable circumstances or force majeure, in fact determinant of the third or of the carelessness of those who suffer the damage.

Article 1973.- Reduction judicial compensation

If the recklessness only has concurred in the production of the damage, the compensation shall be reduced by the judge, according to the circumstances.

Article 1974.- Irresponsibility by state of unconsciousness

If a person is without fault, is in a state of loss of consciousness, is not responsible for the harm they cause. If the loss of consciousness is by the work of another person, the latter is responsible for the damage I cause that.

Article 1975.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 1976.- [Repealed]*

* Article repealed by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 1976-A. - Responsibility of the person with support*

The person that has supports is responsible for their decisions, even those made with that support, having the right to take action against him. The people included in the article 44 paragraph 9 are not responsible for the decisions taken with support from the designated court to have acted with wilful misconduct or negligence.

* Article incorporated by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 1977.- Just compensation

If the victim has not been able to obtain redress in the case above, the court may, in view of the economic situation of the parties, to consider a compensation equal to the charge of the direct perpetrator.

Article 1978.- Responsibility for incitement and/or co-authorship

It is also responsible for the harm one who encourages or helps to cause it. The degree of responsibility will be determined by the judge according to the circumstances.

Article 1979.- Liability for damage caused by animal

The owner of an animal or the one who takes care must repair the damage it may cause, although it has been lost or misplaced, to not be able to prove that the event was held by deed or because of a third party.

Article 1980.- Responsibility for the collapse of building

The owner of a building is liable for the damage arising from your fall, if it has come by lack of maintenance or construction.

Article 1981.- Responsibility for damage of the subordinate

The one who has to another under his orders is liable for the damage caused by the latter, if the damage was done in the exercise of office or in compliance with the respective service. The direct perpetrator and the author indirect are subject to joint and several liability.

Article 1982.- Liability for slander

Corresponds to demand compensation for damages against any person who, knowing of the falsity of the charge or the absence of reasonable cause, complaint before the competent authority to any person, attributing to him the commission of a punishable act.

Article 1983.- Joint and several liability

If several are responsible for the damage, will be jointly and severally liable. However, the one who paid all of the compensation you can repeat against the other, corresponding to the judge set the ratio depending on the severity of the lack of each of the participants. When it is not possible to discriminate the degree of responsibility of each one, the distribution will be made in equal parts.

Article 1984.- Moral damage

Moral damage is compensated by considering its magnitude and the prejudice caused to the victim or his or her family.

Article 1985.- Content of the compensation

Compensation is comprised of the consequences arising from the act or omission causing the damage, including lost profits, damage to person and moral damages, and there must be a causal relationship right between the fact and the damage occurred. The amount of compensation, interest-bearing legal interest from the date on which the damage occurred.

Article 1986.- Nullity of limits of responsibility

Are null and void agreements that exclude or limit in advance the liability for wilful misconduct or negligence is inexcusable.

Article 1987.- Liability of the insurer

The action for damages may be brought against the insurer for the damage, who shall be liable jointly and severally with the direct responsible of this.

Article 1988.- Legal determination of damage subject to insurance

The law determines the type of damage subject to the regime of compulsory insurance, the people who need to hire policies and the nature, limits and other features of such insurance.

BOOK VIII: AND LIMITATION

Title I: extinctive Prescription

Article 1989.- Extinctive prescription

The prescription extinguishes the action but not the law itself.

Article 1990.- Non-waiver of the prescription

The right of prescribing is essential. Is void pact designed to prevent the effects of the prescription.

1991 article.- Waiver of the prescription won

May be waived, expressly or implicitly, to the prescription already won.

It is understood that there is implied waiver when it is the execution of an act incompatible with the will of favour with the prescription.

Article 1992.- Ban declare ex officio prescription

The judge may not base their rulings on the prescription if it has not been invoked.

Article 1993.- Computation of the period prescriptorio

The limitation period begins to run from the day on which you can work the action and continues against the successors of the copyright holder.

Article 1994.- Grounds for suspension of the prescription*

Suspending the prescription:

1. When people with exercise capacity restricted referred to in article 44, paragraphs 1 to 8 do not have their legal representatives.

2. Between the spouses, during the term of the marital society.

3. Among the people included in the article 326.

4. Between the juveniles and their parents or guardians during the parental authority or guardianship.

5. Among those with the ability to exercise restricted referred to in article 44, paragraph 9, and the people who provided the necessary supports, during the exercise of the support provided.

6. During the time which elapses between the request and the appointment of the curator of goods, in the cases which it comes.

7. Between legal persons and their administrators, while they continue in the exercise of office.

8. While it is impossible to claim the right to a peruvian court.

* Article amended by the DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

Article 1995.- Resumption of the period prescriptorio

Once the cause of the suspension, the prescription resumes its course adicionándose the elapsed time above.

Article 1996.- Interruption of the limitation period

It interrupts the prescription by:

1. Recognition of the obligation.

2. Intimation to be in default of the debtor.

3. Subpoena with the complaint or any other act with the notification of the debtor, even when you have gone to a judge or authority incompetent.

4. To oppose a court for compensation.

Article 1997.- Ineffectiveness of the interruption

Remains without effect, the interruption when:

1. Proof that the debtor was not cited with the demand or it was not reported with any of the other acts referred to in article 1996, subsection 3.

2. The actor has withdrawn the claim or of the acts with which he has given notice to the debtor; or when the defendant gives up the counterclaim or of the exception that has opposed the compensation.

3. The process fenece by abandonment.

Article 1998.- Restart of the term prescriptorio

If the interruption occurs for the reasons outlined in the article 1996, subsections 3 and 4, the limitation period begins to run again from the date on which the resolution that puts an end to the process is final.

Article 1999.- Allegation of suspension and interruption

The suspension and the interrupt can be invoked by anyone who has a legitimate interest.

Article 2000.- Principle of legality in terms prescriptorios

Only the law may fix time limits.

Article 2001.- Limitation periods*

Prescribe, except that diverse of the law:

1. At the age of ten, the personal action, real action, which is born out of an enforceable, and the invalidity of the legal act.

2. At the age of seven, the action for damages arising to the parts of the violation of an act simulated.

3. At three years, the action for the payment of remuneration for services rendered as a result of a link does not work.

4. At two years, the action of annulment, the action lifting, the action for damages for tort liability and the appropriate against the representatives of unable arising from the exercise of the office.

5. At the age of fifteen, the action that comes from alimony.

* Article amended by the Law 30179published on April 6, 2014 (link: lpd.pe/2v6B5).

Article 2002.- Compliance term prescriptorio

The limitation occurs the expiry of the last day of the period.

Title II: Expiration

Article 2003.- Effects of revocation

The expiration extinguishes the right and the corresponding action.

Article 2004.- Legality in expiry period

The expiry period set by the law, without admitting agreed otherwise.

2005 article.- Continuity of the expiration

The revocation does not support interruption or suspension, except in the case provided for in article 1994, subsection 8.

Article 2006.- Forfeiture

The expiration can be declared ex officio or at the request of a party.

Article 2007.- Fulfilment of the expiration period

Expiration occurs after the last day of the term, even though it is a non-business day.

BOOK IX: PUBLIC RECORDS

Title I: general Provisions

Article 2008.- Classes of records*

The public registers referred to in this Book are the following:

1. Registration of the property.

2. Register of legal persons.

3. Log mandates and powers.

4. Personal record.

5. Registration of wills.

6. Register of probate intestate.

7. Registration of movable property.

* Article amended by the Law 26707published December 12, 1996 (link: lpd.pe/0WBKX).

Article 2009.- Legal status of records

Public records are subject to the provisions of this Code, to its laws and special regulations.

Are included in the previous paragraph the records of ships, aircraft, garment, agricultural and others regulated by special laws.

Article 2010.- Title that gives merit to the registration*

The registration is made pursuant to title the record in a public instrument, unless the contrary.

* Article amended by the DL 836published on July 27, 1996 (link: lpd.pe/2GDKb). Then it was replaced by the Law 26741published on January 11, 1997 (link: lpd.pe/pqz7r).

Article 2011.- Principle of legality and praying*

Registrars qualify the legality of the documents under which registration is sought, the ability of the grantors and the validity of the act, so that it is them, their background and the seats of the public records.

The provisions of the preceding paragraph does not apply under the responsibility of the registrar, in the case of a part that contains a decision of the court to order the registration. Being the case, the registrar may apply to the judge for clarification or additional information you require, or require to be credited to the payment of any applicable taxes, without prejudice to the priority of the entry to the Registry.

In the event of the qualification of registration, the registrar and the Tribunal encourage and facilitate the registration of the securities admitted to the Registry.

The rating of registration in the Register of Premises will be complemented with the support of the area responsible for the management of the bases graphic registration does not imply a substitution in the work of qualification on the part of the instances in the registry.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. First Additional Provision Amending the Law 31309published July 24, 2021 (link: lpd.pe/0AvRd).

Article 2012.- Principle of advertising

It is presumed, without admissible evidence to the contrary, that any person has knowledge of the contents of the inscriptions.

Article 2013.- Principle of legitimation*

The contents of the registration entry is presumed to be true and produces all its effects, while not corrected by the instances register or declare their disability either by the court or arbitration by decision or award sign.

The registration entry must be paid in administrative headquarters when it is certified impersonation or misrepresentation documentary and assumptions as well established in accordance with the provisions in force.

Registration validates acts which are void or voidable according to the provisions in force.

* Article amended by the Law 30313published march 26, 2015 (link: lpd.pe/2dxNd).

Article 2014.- Principle of good faith and public register*

The third party who in good faith acquires it for a consideration, any right of a person in the register appears with the power to grant it, maintains its acquisition once you have registered your right, but after annul, rescind, cancel, or resolve, the grantor by virtue of causes that are not found in the registry entries and the titles of filed behind it.

The good faith of the third party is presumed in the absence of proof that he knew the inaccuracy of the registration.

* Article amended by the Law 30313published march 26, 2015 (link: lpd.pe/2dxNd).

Article 2015.- Principle of succession

No registration, except the first, is done without being registered or registration of the right of where it comes from.

Article 2016.- Principle of priority

The priority at the time of registration determines the preference of the rights granted by the registry.

Article 2017.- Principle of impenetrability

You may not register a title incompatible with another already registered, even if it is of earlier date.

Article 2017-A. - Principle of speciality*

For each well or legal person opens a game-registry-independent, where will extend the first entry of those as well as the acts or subsequent rights relating to each one.

In the case of the Registration of Natural Persons, in each Record that integrates it, it will open a single item for each natural person in which to extend the number of events processed.

Exceptionally, may establish other elements that determine the opening of a game of registration.

* Article incorporated by the Law 31309published July 24, 2021 (link: lpd.pe/0AvRd).

Title II: Registration of the property

Article 2018.- First domain registration

For the first registration of the domain, you must display titles for an uninterrupted period of five years or, in his default, extra titles.

Article 2019.- Acts and rights registration

Are eligible for entry in the register of the department, or province where is located each property:

1. The acts and contracts which constitute, to declare, transmit, extinguished, modified or restricted real rights over immovable property.

2. The option contracts.

3. The covenants of the reservation of ownership and repurchase.

4. Compliance with all or part of the conditions of which depend on the effects of the acts or contracts registered.

5. The restrictions on the powers of the holder of the right.

6. The contracts of lease.

7. The liens and claims plausibly credited.

8. The judgments or resolutions at the discretion of the judge to refer to acts or contracts eligible for entry.

9. The court approvals that allow them to practice acts eligible for entry on real estate.

Article 2020.- Preventive annotation

The regulation indicates the cases in which the acts or contracts referred to in article 2019 are a matter of preventive annotation.

Article 2021.- Acts or securities that are not registrable

The acts, or titles relating to the single possession, that have not yet met with the period of acquisitive prescription, are not eligible for entry.

Article in 2022.- Enforceability of rights on immovable property registered

To oppose real rights over immovable property to those who also have real rights over the same, it is necessary that the law being opposed is enrolled prior to that of the one who opposes.

If these rights are of a different nature, apply the provisions of the common law.

Article by 2023.- Registration of option contract

The registration of the option contracts awarded during its duration, a preferential right over all right, real or personal that you enroll later.

Title III: Registration of legal persons

Article 2024.- Books that make up the Register of Legal Persons

This registry consists of the following books:

1. Of associations.

2. Foundations.

3. Of committees.

4. Of civil societies.

5. Of rural communities and native.

6. Cooperative.

7. Business of social property.

8. Companies of public law.

9. Of the other set by the law.

Article by 2025.- Entries in the books of legal persons

In the books of associations, foundations and committees are inscribed the data required in articles 82, 101, and 113. In the book of the civil societies, the registration is carried out with observance of the law of the matter. Enroll in them, in addition, the following:

1. The modifications of the scripture or of the statute.

2. The appointment, powers and the ceasing of the administrators and representatives.

3. The dissolution and liquidation.

Article 2026.- Legal persons governed by special laws

The enrollment of rural and native communities, co-operatives, owned enterprises, social and other legal persons governed by special laws, is made at their request.

Article in 2027.- Acts eligible for entry in the book of business of public law

In the book, companies of public law are inscribed the following acts:

1. The law of creation and its modifications.

2. Regulation or statute and its amendments.

3. The appointment, removal and resignation of members of the management organ.

4. The appointment and powers of directors and representatives.

5. The law mandating its dissolution, transformation or transfer.

6. All those acts that by the disposition of their special rules need to be registered.

Article 2028.- Place of registration and formality to certain acts*

The constitution of the legal entity is registered in the register corresponding to your registered address.

You do not require the granting of the public deed for the registration of the appointment of the representatives, agents and empowerment. For registration it is enough to submission of copy notarially certified to the relevant part of the act in that it comprises the respective agreement.

In the constitution of legal persons, the amendment of the statutes or regulations that amount to a change of name, the right to the reservation of preference registry of name is applicable for a period of 30 days, after which expires as of right.

May adopt a name equal to that of a legal person in training that enjoyment of the right of reservation or to be registered in the corresponding Registry.

* Article amended by the following devices:
1. Law 25372published December 27, 1991 (link: lpd.pe/2grnq).
2. Law 26364published on October 2, 1994 (link: lpd.pe/kM4ee).

Article 2029.- Registration of legal persons incorporated in the foreign

Juridical persons abroad are registered in the corresponding registry of the place that they point to as a domicile in the country.

Title IV: personal Record

Article 2030.- Acts and resolutions registration* **

Enroll in this registry:

1. Resolutions or public deeds in which you set or modify the designation supports and safeguards for natural persons.

2. The resolutions declared the disappearance, missing, presumed death, the absence due to forced disappearance, and the recognition of the existence of the people.

3. The sentences imposed disqualification, ban civil or loss of custody.

4. The acts of discernment of the charges of the tutors or curators, with enumeration of the real estate inventoried and relationship of the guarantees provided, as well as their removal, finishing, termination and waiver.

5. Resolutions that you upgraded to the injunctions in the exercise of civil rights.

6. The resolutions that declare the nullity of marriage, divorce, separation and reconciliation.

7. The agreement of separation of assets, and its replacement, the separation of patrimonies, the unconventional, the appropriate security measures and its cessation.

8. The declaration of commencement of bankruptcy proceedings, as well as other acts and agreements registered in accordance with the law of the matter.

9. The resolutions appointing the guardian or to support and which to leave without effect.

10. Unions registered in the pathway of attorney or recognised by the courts.

* Article repealed by the Law 26497published on July 12, 1995 (link: lpd.pe/0KDEb). Then, this article was reinstated by the Law 26589published on April 18, 1996 (link: lpd.pe/pQ5Kv).
Later, the article was amended by the following devices:
1. DL 845published on September 21, 1996 (link: lpd.pe/0bb5O).
2. Law 27809published on 8 August 2002 (link: lpd.pe/kjgJN).
3. Law 28413published December 11, 2004 (link: lpd.pe/pB7v6).
4. Law 29633published on December 17, 2010 (link: lpd.pe/pe5Wx).
5. Law 30007published on April 17, 2013 (link: lpd.pe/kyvd7).
6. DL 1384published on 4 September 2018 (link: lpd.pe/pxRn8).

** We have removed the term "leave" of the expression "those who leave the stop without effect" of item 9, due to a typo is not remedied officially.

Article 2031.- Registration of judgments*

For the inscriptions provided for in Article 2030, the judgments shall be handed down unless ordered in respect of the bankruptcies in the law of the matter.

* Article repealed by the Law 26497published on July 12, 1995 (link: lpd.pe/0KDEb). Then, this article was reinstated by the Law 26589published on April 18, 1996 (link: lpd.pe/pQ5Kv).

Article 2032.- Parts judicial*

In the case of the Article 2031, the Judges ordered to move parts to the registry, under the responsibility.

* Article repealed by the Law 26497published on July 12, 1995 (link: lpd.pe/0KDEb). Then, this article was reinstated by the Law 26589published on April 18, 1996 (link: lpd.pe/pQ5Kv).

Article 2033.- Place of registration*

The entries in the Registry Staff can be made in the office of registration indicated by the applicant at the request of the title.

* Article repealed by the Law 26497published on July 12, 1995 (link: lpd.pe/0KDEb). Then, this article was reinstated by the Law 26589published on April 18, 1996 (link: lpd.pe/pQ5Kv)
Later, the article was amended by the following device:
1. DL 1626 published in the official journal El Peruano on August 15, 2024 (Link: lpd.pe/0b4KB) 

Article 2034.- Effects of the omission of the entry*

The lack of registration of the event in the place where it should be, motivates, that do not affect third parties that celebrate onerous contracts and with good faith in this place.

* Article repealed by the Law 26497published on July 12, 1995 (link: lpd.pe/0KDEb). Then, this article was reinstated by the Law 26589published on April 18, 1996 (link: lpd.pe/pQ5Kv).

Article 2035.- Cancellation of registration*

The inscriptions are canceled when ordered by the Judge, or when the justification for the cancellation is the result of the documents submitted upon request.

* Article repealed by the Law 26497published on July 12, 1995 (link: lpd.pe/0KDEb). Then, this article was reinstated by the Law 26589published on April 18, 1996 (link: lpd.pe/pQ5Kv).

Title V: Registry of mandates and powers

Article 2036.- Instruments eligible for entry

Enroll in this registry:

1. The instruments evidencing the mandate or power of a general mode or for certain acts.

2. The instruments evidencing the replacement, modification, and termination of the power of attorney or mandate, in your case.

Article 2037.- Place of registration*

The entries in the Register of Mandates and Powers are performed in the office of registration indicated by the applicant at the request of the title.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code of Civil Procedure (which, in turn, was amended by the D-L 25940). The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. DL 1626 published in the official journal El Peruano on August 15, 2024 (Link: lpd.pe/0b4KB). According to the Complementary End of this DL, the modification of this article shall enter into force 90 days of its publication. 

Article 2038.- Right of the third party in good faith*

The third party who, in good faith and for valuable consideration has been hired on the basis of a mandate or power written, will not be harmed by mandate, power, modification or extinction of these, not registered.

* Article amended by the DL 1626 published in the official journal El Peruano on August 15, 2024 (Link: lpd.pe/0b4KB). According to the Complementary End of this DL, the modification of this article shall enter into force 90 days of its publication. 

Title VI: Registration of wills

Article 2039.- Acts and resolutions of the registrable

Enroll in this registry:

1. Wills.

2. The modifications and extensions of the same.

3. The revocation of the acts referred to in subsections 1 and 2.

4. The sentences handed down on annulment, misrepresentation, or revocation of wills.

5. The sentences handed down in the trials on justification or contradiction of the desheredación.

6. The scriptures reversals of the desheredación.

Article 2040.- Place of Registration*

The entries in the Register of Wills are made in the office of registration indicated by the applicant at the request of the title.

* Article amended by the DL 1626 published in the official journal El Peruano on August 15, 2024 (Link: lpd.pe/0b4KB). 

Title VII: Records of probate intestate*

* Name changed by the Law 26707published December 12, 1996 (link: lpd.pe/0WBKX).

Article 2041.- Acts and resolutions registration*

Sign up necessarily in this record notarial acts and judicial decisions handed down that declare the heirs of the deceased. Also, they will register the notations of the application of the intestate succession to send the notary as the demands at the discretion of the judge, are eligible for entry.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code Of Civil Procedure. The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. Law 26707published December 12, 1996 (link: lpd.pe/0WBKX).

Article 2042.- Places of registration*

The entries in the Register of Probate Intestate are made in the office of registration indicated by the applicant at the request of the title.

* Article amended by the following devices:
1. First Amending Provision of the DL 768, Code of Civil Procedure (which, in turn, was amended by the D-L 25940). The CPC was published on march 4, 1992 (link: lpd.pe/k6eBx).
2. DL 1626 published in the official journal El Peruano on August 15, 2024 (Link: lpd.pe/0b4KB). 

Title VIII: Records of movable property

Article 2043.- Movable property recordable

Are the subject of these records movable property registered according to law.

Article 2044.- Identification of movable property

The form of identification of the movable property is determined by the law of creation of the respective record.

Article 2045.- Acts and contracts processed

Are eligible for entry in the records, all the acts and contracts set out in article 2019, as may be applicable.

BOOK X: PRIVATE INTERNATIONAL LAW

Title I: general Provisions

Article 2046.- Equal rights for peruvians and foreigners

Civil rights are common to peruvian and foreign, except the prohibitions and limitations which, by reason of national need, are set to foreigners and foreign legal persons.

Article 2047.- Applicable standards

The applicable law to regulate legal relations related to legal systems aliens is determined in accordance with the international treaties ratified by Peru that are relevant and, if they were not, according to the rules of this Book.

In addition, they are applicable, in their absence, the principles and criteria established by the doctrine of Private International Law.

Article 2048.- Competition judges peruvian

The judges shall apply only to the internal law of the State declared competent by the standard peruvian Private International Law.

Article 2049.- Incompatibility of foreign law

The provisions of the foreign law is relevant under the rules of the peruvian Private International Law, will be excluded only when its application would be inconsistent with the international public order or good customs.

Governing, in this case, the rules of domestic law in peru.

Article by 2050.- Recognition of acquired rights in the foreign

All right regularly acquired under a foreign law, competent, according to peruvian standards of Private International Law, has the same efficacy in Peru, to the extent that it is compatible with the international public order and good customs.

Article 2051.- Official application of foreign standards

The foreign law is competent according to the rules of Private International Law peruvian, should be applied ex officio.

Article 2052.- The foreign law as a test

The parties may offer evidence that could have fit on the existence of the foreign law and its meaning. The judge may refuse or restrict the means of proof that you are not considered ideal.

Article 2053.- Report on the existence and meaning of the foreign law

The judges may, ex officio or at the request of a party, request that the Executive Power that, through diplomatic channels, you get of the courts of the State whose law is applied, a report on the existence of the law and its meaning.

Article 2054.- Absolution of consultation on the national law

The Supreme Court is authorized to reply to any inquiry made by a foreign court, through diplomatic channels, on points of national law.

Article 2055.- Interpretation of foreign law

The provisions of the foreign law is interpreted according to the system they belong to.

Article 2056.- Settlement of disputes between foreign standards

When the foreign law which is applicable to coexist, different legal systems, the conflict between local laws shall be resolved in accordance with the principles prevailing in the relevant foreign law.

TITLE II: Jurisdiction

Article 2057.- Jurisdiction over persons domiciled in Peru

The peruvian courts are competent to hear actions against persons domiciled in the national territory.

Article 2058.- Competition in actions heritage*

The peruvian courts have jurisdiction to hear the trials resulting from the exercise of stock heritage content even against persons domiciled in a foreign country, in the following cases:

1. When to vent actions concerning rights in rem over immovable property located in the Republic. In the case of premises such jurisdiction is exclusive.

2. When to vent actions relating to obligations that are to be executed in the territory of the Republic or arising out of contracts or acts performed in that territory. In the case of civil actions arising from offenses committed or whose results have been produced in the Republic, this jurisdiction is exclusive.

3. When the parties submit, expressly or implicitly, to its jurisdiction. Except convention on the contrary, contemporary or before the submission, the choice of court is exclusive.

This article applies exclusively to the competence of the courts and does not affect the right of the parties to submit to arbitration actions of heritage content.

* Article amended by the DL 1071published on June 28, 2008 (link: lpd.pe/2jgVg).

Article 2059.- Submission implied

Submit tacitly to a jurisdiction who is the man at the level of the trial without making a booking.

Do not involve submission or extension in favor of a court of the procedural acts, aimed to object to such jurisdiction, or carried out under the threat or imposition of coercive measures on the person or on his or her rights or property.

Article 2060.- Extension or to choice of Foreign Court in matters of national competence

The choice of a foreign tribunal or the extension of jurisdiction in his favor to learn of the trials resulting from the exercise of stock heritage content, will be recognized, provided they do not concern matters of jurisdiction, peruvian-exclusive, nor constitute an abuse of rights, or are contrary to public policy of Peru.

Article 2061.- Jurisdiction in actions on the universality of goods

The peruvian courts have jurisdiction to hear the lawsuits caused by the exercise of actions relating to the universalities of property, even against persons domiciled in a foreign country, when the peruvian law is applicable to govern the matter, according to its rules of Private International Law.

However, respect the competition peruvian to hear actions relating to the assets of the bankrupt, in respect of the property situated in Peru, and without prejudice to the provisions of title IV of this Book.

Article 2062.- Competence in personal actions

The peruvian courts are competent to hear the lawsuits caused by the exercise of actions relating to the status and capacity of natural persons, or to family relations, even against persons domiciled in a foreign country, in the following cases:

1. When the peruvian law is applicable, in accordance with its rules of Private International Law to govern the matter.

2. When the parties submit, expressly or implicitly, its jurisdiction, provided that the cause be an effective linkage with the territory of the Republic.

Article 2063.- Forum of the need

The peruvian courts are competent to issue interim measures of protection of natural persons who are in the territory of the Republic, even against persons domiciled in a foreign country, although lack of jurisdiction to hear the merits of the case.

Article 2064.- [Repealed]*

* Article amended by the Law 26572published January 5, 1996 (link: lpd.pe/2omnK). Then, the article was repealed by the DL 1071published on June 28, 2008 (link: lpd.pe/2jgVg).

Article 2065.- Unity Forum

The peruvian court that knows validly demand is also competent to hear the counterclaim.

Article 2066.- Lis pendens and res judicata

When the pendency of a prior action on the same subject matter and between the same people, the peruvian court suspended the cause if you can predict that the foreign jurisdiction shall, within the period not exceeding three months, a resolution that could be recognized and enforced in Peru.

The trial in Peru are considered to have started on the date of the notification of the complaint to the respondent.

The peruvian court rescinds what has happened, if you filed a foreign judgment.

Article 2067.- Negative competence of the Court Peruvian

The jurisdiction of the peruvian courts to hear actions brought against foreign states or their leaders, representatives of embassies, international organizations, and their representatives, is regulated by the provisions of the International Treaties ratified by Peru.

Except as provided in this title, the peruvian courts lack jurisdiction to hear:

1. Of actions relating to real rights over land parcels located in a foreign country.

2. Of the issues that were submitted by the parties to a foreign jurisdiction, in accordance with the provisions of article 2060.

3. Of the actions related to the status and capacity of natural persons or to family relations, if the cause has no effective linking with the territory of the Republic.

Title III: applicable Law

Article 2068.- The beginning and the end of the natural person

The beginning and the end of the natural person is governed by the law of his domicile.

When a legal effect is dependent on the survival of one or the other person and they have laws home-different, and the presumptions of survival, and these laws were incompatible, applies the provisions of article 62.

Article 2069.- Declaration of absence

The declaration of absence is governed by the law of the last domicile of the deceased. The same law regulates the legal effect of the declaration of absence with respect to the property of the absent.

Other legal relations of the absent shall continue to be regulated by the law that previously ruled.

Article 2070.- Status and capacity of the natural person

The status and capacity of natural persons is governed by the law of his domicile.

The change of address does not alter the state or restricts the ability acquired in virtue of the law of the previous address.

It is not void for lack of capacity the legal act held in Peru on the law of obligations and contracts, if the agent is able to, according to peruvian law, except in the case of a unilateral legal act, or of rights over land parcels located in a foreign country.

Article 2071.- Institutions under the incompetent

The guardianship and other institutions of protection of the incapable are governed by the law of his domicile.

The urgent measures to protect the incompetent is found in Peru and, in his case, the protection of their assets located in the Republic, are governed by peruvian law.

Article 2072.- Rights and obligations of the State and legal person of public law

States and other foreign legal persons of Public Law, as well as international legal persons of Public Law whose existence emanating from international agreements binding on Peru, may acquire rights and incur obligations on the country, in accordance with peruvian law.

Article 2073.- Existence and capacity of legal persons of private law

The existence and the capacity of legal persons of private law are governed by the law of the country in which they were formed.

Legal persons of private law established abroad are recognized by operation of law in Peru, and are considered days to practice in the territory of the country, eventually or in isolation, all the actions and rights that correspond to them.

For the usual exercise in the territory of the country of actions included in the object of its constitution, is subject to the requirements set out by the peruvian laws.

The recognized capacity to foreign legal persons may not be more extensive than the one granted by the peruvian law to the national.

Article 2074.- Merger of legal persons

The merger of legal persons with the laws of the constitution different, it will be appreciated on the basis of both laws, and the law of the place of the merger when it takes place in a third country.

Article 2075.- Capacity and essential requirements of marriage

The capacity to marry and the essential requirements of marriage are governed, for each one of the spouses, by the laws of their respective homes.

Article 2076.- Formality of marriage

The form of the marriage is governed by the law of the place of its celebration.

Article 2077.- Rights and duties of spouses

The rights and duties of the spouses in all when it comes to their personal relationships are governed by the law of the matrimonial domicile. If the spouses have addresses different, applies the law of the last common residence.

Article 2078.- Property regime of the marriage

The property regime of the marriage and the relations of spouses with respect to the property are governed by the law of the first marital home. The change of address does not alter the law competent to govern the relations of the spouses as to the goods purchased before or after the change.

Article 2079.- Nullity of marriage

The nullity of the marriage is governed by the same law that is subject to the condition intrinsic whose infringement motivate such invalidity.

The vices of consent, as causes of the nullity of the marriage, are governed by the law of the place of the celebration.

Article 2080.- Effects of the nullity of the marriage

The law of the matrimonial domicile governs the effects of the nullity of marriage, except those relating to the assets of the spouses, who follow the law of the property regime of the marriage.

Article 2081.- Divorce and separation

The right to divorce and the separation of bodies are governed by the law of the matrimonial domicile.

Article 2082.- Causes and effects of divorce and separation

The causes of the divorce and the separation of bodies subjected to the law of the matrimonial domicile. However, they may not be invoked causes prior to the acquisition of a home that had the spouses at the time of the occurrence of these causes.

The same law is applicable to the civil effects of divorce and separation, except those relating to the assets of the spouses, who follow the law of the property regime of the marriage.

Article 2083.- Matrimonial affiliation

The affiliation of a marriage is determined by the law most favorable to the legitimacy of the celebration of the marriage or of the matrimonial domicile at the time of birth of the child.

Article 2084.- Affiliation extramarital

The determination of the parentage of wedlock, as well as their effects and their contestation, are governed by the law of the common domicile of both parents and of the child or, in his default, by the address of the parent who has the possession of the state with respect to the child.

If none of the parents had the possession of the state, the law of the domicile of the child.

Article 2085.- Recognition of son

The recognition of the child is governed by the law of his domicile.

Article 2086.- Legitimation

The legitimation by subsequent marriage, shall be governed by the law of the place of celebration of it. However, if the law of the domicile of the child requires the consent of the latter, it must also be applied.

The ability to legitimize by declaration or state court, is governed by the law of the domicile of the legitimante; and the ability to be state or court legitimated by the law of the domicile of the child; requiring the legitimacy of the concurrence of the conditions required in both.

The action to impugn the legitimacy, is subject to the law of the domicile of the child.

Article 2087.- Adoption

The adoption is rule by the following rules:

1. For the adoption to be possible is required to be permitted by the law of the domicile of the adopter and of the residence of the adopted.

2. The law of the domicile of the adopter corresponds regular:

a) The ability to adopt.

(b) The age and marital status of the adoptive parent.

(c) The consent eventual spouse of the adopter.

d) The other terms and conditions that you must fill out the prospective adoptive parents for adoption.

3. The law of the domicile of the adopted corresponds regular:

(a) The ability to be adopted.

(b) The age and marital status of the adopted.

(c) The consent of the parents or the legal representatives of the child.

(d) The eventual breakdown of the relationship of the adopted family of blood.

(e) the authorisation for The minor to leave the country.

Article 2088.- Rights to personal property

The constitution, content, and extinguishment of real rights over personal property are governed by the law of your situation, at the time of establishment of the real right.

Article 2089.- Personal property in transit

Corporeal goods in transit are considered to be located at the place of their final destination.

The parties may submit the acquisition and the loss of the real rights over personal property in transit to the law that regulates the legal act originating in the constitution or of the loss of such rights, or to the law of the place of dispatch of the goods of the body.

The choice of the parties is not enforceable against third parties.

Article 2090.- Displacement of personal property

The displacement of the personal property does not affect the rights which have been validly constituted under the previous law. However, such rights can only be opposed to third parties, after you met the requirements established by the law of the new situation.

Article 2091.- Prescription of actions on personal property

The prescription of actions relating to personal property that may change during the term of prescription, are governed by the law of the place of completion of the time required to prescribe, according to the law of that place.

Article 2092.- Rights on means of transport

The constitution, transfer and extinction of real rights on the means of transport subjected to a regime of tuition, are regulated by the law of the country where you made it.

Article 2093.- Real rights over works

The existence and the scope of rights in rem relating to intellectual works, artistic or industrial use are governed by the provisions of the treaties and special laws; and if these were not applicable, by the law of the place where such rights have been registered.

The local law sets the requirements for the recognition and exercise of such rights.

Article 2094.- The form of legal acts and instruments

The form of legal acts and instruments are governed by the law of the place in which they are assigned or by the law that regulates the legal relationship subject of the act. When the instruments are granted to diplomatic or consular officers of Peru, observe the solemnities established by the peruvian law.

Article 2095.- Contractual obligations

The contractual obligations are governed by the law expressly chosen by the parties and, failing that, by the law of the place of enforcement. However, if one must be met in different countries, are governed by the law of the principal obligation, and, in the case of not being able to be certain this, by the law of the place of celebration.

If the place of fulfillment is not expressly given or not it is unequivocally the nature of the obligation, the applicable law of the place of celebration.

Article 2096.- Autonomy of the will

The law of competent jurisdiction, in accordance with the provisions of article 2095, determines the mandatory rules applicable and the limits of the autonomy of the will of the parties.

Article 2097.- Tort

The tort is governed by the law of the country where the main activity that causes the harm. In the case of liability for failure to act, is the law of the place where the alleged offender must have acted.

If the law of the place where occurred the damage thought to be responsible for the agent, but not the law of the place of the activity or omission that caused the injury, apply the first law, if the officer should provide for the production of damage in such a place, as a result of your act or omission.

Article 2098.- Obligations arising from the law and other sources

The obligations that are born by mandate of law, business management, enrichment without cause, and the undue payment, shall be governed by the law of the place in which he was or had to be carried out to the fact a native of the obligation.

Article 2099.- Extinctive prescription of personal actions

The extinctive prescription of the personal actions are governed by the law which governs the obligation that will go extinct.

Article 2100.- Succession

The succession is governed, regardless of the location of the property, by the law of the last domicile of the deceased.

Article 2101.- Succession of property located in Peru

The peruvian law governing the succession of the property located in the Republic if, in accordance with the law of the domicile of the deceased, they must move to a foreign State or its institutions.

Title IV: Recognition and enforcement of judgments and awards arbitration foreign

Article 2102.- Principle of Reciprocity

The judgments issued by foreign courts have in the Republic, the force that granted the respective treaties.

If there is no treaty with the country in which you are delivered the judgement, it has the same force in that country is given to the judgments given by the peruvian courts.

Article 2103.- Negative reciprocity

If the sentence comes from a country that is not in compliance with the failures of the peruvian courts, do not have any force in the Republic.

Are comprehended in the foregoing sentences come from countries where they are reviewed, in the background, the failure of the peruvian courts.

Article 2104.- Requirements for (Exequatur)

For that foreign judgments are recognized in the Republic, is required in addition to
of the provisions of sections 2102 and 2103.

1. That they do not resolve on issues of competition peruvian-exclusive.

2. That the foreign court has been competent to hear the matter, according to its rules of Private International Law and the general principles of jurisdiction in international.

3. Has been cited by defendant in accordance with the law of the place of the process; it has been given reasonable time to appear; and that it has been granted procedural safeguards to defend themselves.

4. The sentence has the authority of res judicata in the concept of the laws of the place of the process.

5. That does not exist in Peru suit pending between the same parties on the same object, started prior to the filing of the demand that gave rise to the judgment.

6. That is not inconsistent with another statement that meets the requirements for recognition and enforcement required under this title and that has been made previously.

7. That is not contrary to public order or good customs.

8. Prove reciprocity.

Article 2105.- Foreign judgment in matters of bankruptcy

The peruvian court who knows of the recognition of a foreign judgment of bankruptcy, can dictate the preventive measures relevant since the submission of the application for recognition.

The recognition in the country of a foreign judgment of bankruptcy should comply with the notification requirements and planned advertising in the peruvian law for the bankruptcy of national character.

The effects of the bankruptcy decreed abroad and recognized in Peru, it will be set to peruvian law in regard to property located in Peru and the rights of the creditors.

The judge shall proceed according to what is established in the peruvian law in regard to the formation, administration and liquidation of the mass in Peru, fulfilling the rights of creditors domiciled and the debts enrolled in Peru, according to the graduation appointed in the bankruptcy law.

If there is no creditors domiciled or debts enrolled in Peru, or if, after you have satisfied them according to the preceding paragraphs, it is a positive balance in the assets of the failed, such balance shall be remitted to the administrator of the bankruptcy abroad, prior exequatur to the judge peruvian verification and graduation rates of the loans made abroad.

Article 2106.- Enforcement of foreign judgment

The foreign judgment which meets the requirements laid down in articles 2102, 2103, 2104 and 2105 can be executed in Peru at the request of the interested party.

Article 2107.- The formality of the application for enforcement of foreign judgment

The application referred to in article 2106 must be accompanied by a copy of the full judgment, duly legalized and translated officially into Spanish, as well as the documents that prove the concurrence of the requirements set forth in this title.

Article 2108.- Procedure for declaration of enforcement of foreign judgment

The procedure for the statement of accomplishment is adjusted to what is established in the Code of Civil procedure. Completed the process, the foreign judgment shall have the same force of execution that have the national judgments.

Foreign judgments relating to matters that are not contentious jurisdiction is optional not require exequatur.

Article 2109.- Probative value of foreign judgment legalized

Foreign judgments duly legalized produced in Peru, the probative value accorded to the public instruments, not requiring to that effect of the exequatur.

Article 2110.- Probative value of the foreign judgment

The authority of res judicata to a foreign judgment can be enforced within a trial if it complies with the requirements set forth in this title, without the need for submission to the procedure of exequatur.

Article 2111.- Supplementary application*

The provisions of this title are governed, as applicable, also to a foreign decision that put an end to the process and, especially, to the criminal convictions in regard to the civil redress.

In the case of arbitration awards, shall be applied exclusively to the provisions of the General Law of Arbitration.

* Article amended by the Law 26572published January 5, 1996 (link: lpd.pe/2omnK).

Title final

Chapter one: final Provisions

Article 2112.- Unification of the contracting civil and commercial matters

The contracts of sale, exchange, mutual, deposit, and deposit of a commercial nature, are governed by the provisions of this Code. Are hereby repealed articles 297 to 314, 320 341 and 430 to 433 of the Code of Commerce.

Article 2113.- Repeal of the Civil Code of 1936

Harbor the Civil Code promulgated by Supreme Decree of thirty of August, one thousand nine hundred treintiséis, as well as other laws that contradict this Code.

Second chapter: transitional Provisions

Article 2114.- Provisions on civil rights

The provisions relating to the civil rights enshrined in the article 2 of the Political Constitution of Peru are applied from the thirteenth of July, one thousand nine hundred setentinueve.

Article 2115.- Effectiveness of parish records

The games of the parish records relating to the facts carried out before the fourteenth day of November one thousand nine hundred treintiséis retain the effectiveness of them under the previous laws.

Article 2116.- Equal inheritance rights

The provisions of articles 818 and 819 apply to the inheritance rights caused from the twenty-eighth day of July, one thousand nine hundred eighty.

Article 2117.- Law applicable to succession rights before and after the enforcement of the Code

The rights of the heirs of a person who has died before the entry into force of this Code are governed by the laws above. The succession open from governing this Code is regulated by the rules which it contains; but it shall comply with the testamentary provisions in so far as it permits.

Article 2118.- Revocation of the will closed

The testament closed awarded according to the previous regime of this Code that is in the possession of the testator or of any other person, it is considered revoked if the testator opens, breaks, destroys, or disables it otherwise.

Article 2119.- Obligation to submit testament closed

The person who has in his possession a testament closed, granted under the previous regime of this Code, is obliged to submit it to the competent court, within thirty days of having news of the death of the testator, under the responsibility for the damage you cause with your delay.

Article 2120.- Ultra-activity of previous legislation

Are governed by the legislation of the rights born, according to her, done under his rule, although this Code does not recognize them.

Article 2121.- Theory of the facts compliments

From its effective date, the provisions of this Code shall apply to and including the consequences of the relationships and legal situations.

Article 2122.- Rules and limitation initiated before the entry into force of the Code

The prescription initiated before the entry into force of this Code, shall be governed by the laws above. However, if it becomes effective, is the time required for a prescription, it has its effect, although by such laws, it will require a longer period. The same rule applies to the expiry date.