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|Book IV: Obligations and Contr...|
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|Table of Contents|
Front Cover 1
Front Cover 2
Front Matter 1
Front Matter 2
Front Matter 3
Front Matter 4
Title Page 1
Title Page 2
Table of Contents
Book I: Persons
Book II: Property, Ownership, and Its Modifications
Book III: Different Ways of Acquiring Ownership
Book IV: Obligations and Contracts
Back Matter 1
Back Matter 2
Back Cover 1
Back Cover 2
: : : I: : : i
IN FORCE IN'
CrUBA, PORTO RIC:O, AND
DIVISION OF CUST~OMLS AND INSULAR AFFAIRS.
GOVERNMENT PRINTING OFFICE.
TI~H1E C I VIL CO D E
STABLE OF CONTENTS.
Royal Decree ....... ...,... ............ ....... ..~........~.....~.. .... ....~.. .... 3
:Preliminary Title. Laws, their effect, and general rules for their applicaLtion. 5
Book First. Persons. ...... ...... ...~... .... .... ...... ... -- -- -- - -- -- -.... 7
Title I. Spaniards and foreigners.... .......~...~.............~....... ..... 7
Title II. Birth and extinction of civil personality...~.. .~................. 9
.Chapter First. Natural persons................... 9
Chapter Second. Judicial persons ............... ...~.....~....... .... 9
Title III. Domicile ..~...~..~..........................~~.........~... ..~.. 10
Title IV. Marriage.................~...~...................... 10
Chapter First. General provisions...~... ...~.. ....~..~~..... ........ 10
Section First. Forms of marriage... 10
Section Second. Provisions common to both fom n of us ring C~ 11
Section Third. Proof of marriage........... ..~................... 13
Section Fourth. Rights and obligations of husband and wife .... 13
Section Fifth. Effects of atnnulment of marriage and divorce .... 14
Chapter Second. Canonical marriage................. 16
Chapter Third. Civil marriage .................... 17
Section First. Capacity of the contracting parties.....~.......... 17
Section Second. Celebration of marriagre...... ..~. .~............ 18
Section Third. Annulment of marriage.......... ...~............. 20
Section Fourth. Divorce............. .......~~.....~.............. 21
Title V. Paternity and filiation .........~........ ..~...........~..~........ 22
Chapter First. Legitimate children....~~...~~..~~. ......~.......... 22
Chapter Second. Proofs- of the filliation of legitimate children....... 23
Chapter Third. Legitimized children.~.~..~.~..~........~............ 23
Chapter Fourth. Illegitimate children......~... ..~.................... 24
Section First. Acknowledgment of natural children ...~... ..~.... 24
Section Second. Other illegitimate children ~.. ........~......... 25
Title VI. The support of relations .................~........~............. 26
Title VII. The parental authority...........,.......... ..~............~... 28
Chapter First. General provisione....... ............. ..~............ 28
Chapter Second. Effects of parental authority with regard to the per-
cons of the children......~.. ................. .............~.... ... 28
Chapter Third. Effects of parental authority with regard to the prop-
erty of the children....................... ...~... ...............,... 29
Chapter Fourth. Manner of termination of the parental aLuthority... 30
Chapter Fifth. Adoption...~.. ................ ........~.......~. ..... 31
Title VIII. Absence............................... ~.......... ....~....~. 32
Chapter First. Provisional measures in case of absence..~... ....... 32
Chapter Second. Declarations of absence.......~..~........~...~...... 32
Chapter Third. Administration of the property of an a~bsentee..~.... 83
SChapter Fourth. Presumption of the death of an absentee........~.... 33
C .Chapter Fifth. Effects of absence upon the eventual rights of the
absentee ...... ..~. ...,........,,...................~ ... ........., 34
TitlelX. Guardia~nship...... ..~......,....~.. ........................~.... 34
SChapter First. General provisions...~............................~.... 34
Chapter Second. Testamentary guardianship ..............~. ........ 35
Chapter Third. Legitimate guardianship .........~....... ............ 36
Sectionl First. Guardianship of minors.........~... .~........... 36
section Second. Guardianship of the insane and of the deaf and
dumb.........~.. .........~. ............... .................... 36
Section Third. Guardianebip of prodigals............ 37
'Section Fourth. Guardianship of persons suffering interdiction... 38
Chapter Fourth. Guardianship by appointment...... ..~.....~........ 38
Chapter Fifth. Pro tutors...... 39
Chapter Sixth. Persons disqualified to le guai dian and} prttr a
removal of the same..~-~.---. --............................... ..--.. 39
If TABLE OF CONTENTS.
Book First. Persons-Continued. page.
Title IX. Guardian ship--Continued.
Chapter Seventh. Excuses for not accepting guardianship and pro-
tutorship .~.......... ...~... .~... .....~....~... .-- -- -- ....- -.. ... 41
Chapter Egth. IPonds of guardians....... ......... ................. 42
Chapter N nth. Exercise of guardianship ..................... ....--. 43
Chapter Tenth. Accounts of the guardianship................~....~... 46
Chapter Eleventh. Registration of guardianships.... ................ 47
Title X. The family council.~.......................... 48
Section First. Manner of constituting the family counciL......... 48
Section Second. Method of procedure by the family counct1 ...... 49
Title XI. Emancipation and majority..................... ......~. ........ 50
Chapter First. Emancipation ....~.........~.. ..... ........... 1...... 50
Chapter Second. Majority........ ............... ............~.. ..~... 51
Title XII. Registry of exvil status ................ .'... .......... ..~..... 51
Book Second. Property, ownership, and its modifications ................ ..... 53
Title I. Classitication of property........... .........~~.........~~....... 53
Chapter First. Realproperty. ................... ...~.....a.. ......... 53
Chapter Second. Personal property ............~..................~... 54
Chapter Third. Property with regard to ownership. ................. 54
Title II. Ownership......... ...~...~....................~................. 55
Chapter First. Ownership in general.....~.. ................ ......... 55
Chapter Second. Right of accession,... .....~....................... 56
Section First. Right of accession with regard to the production
of property............... ~............. ~...........~.......... 56
Section Second. Rights of accession with regard to real property.. 56
Section Third. Right of accession with regard to personal property. 58
Chapter Third. Surveyed and demarcations.... ........., .... 60.. G
Chapter Fourth. Right of inclosing agricultural pro~pery..... 60
Chapter Fifth. Unstable buildings and trees about to f~ll............ 60
Title III. Community of property..........~.................... ........ 60
Title IV. Some specoil properties. ................~.. ................... 62
Chapter First. Waters ................. ..~.............~.............. 62
Section First. Ownership of waters .... ...... .... .... .... ...... 62
Section Second. Use of public waters .................. .......... 63
Section Third. Use of waters of private ownership........ ...... 64
Section Fourth. Subterranean waters ................... ........ 64
Section Fifth. Generatlprovisions ................... ............ 64
Chapter Second. Minerals....................................~. 65
Chapter Third. Intellectual property. ................... .... ....... 65
*Title V. Possession .............~.. ................... ................... 65
Chapter First. Possession anud its kinds..........,.......... ........., 65
Chapter Second. Acquisition of possession. .................. ....... 66
Chapter Third. Effects of possession.. .................. ........... 67
Title VI. Usufruct, use, and occupancy........ ............~.. ........... 69
Chapter First. Usinfract. ................ .............. .......~...... 69
Section First. Usufruct in general..............~........~....,.... 69
,Section Second. Rights of thle usufructuary........... .~......... 70
Section Third.-Obligations of the usufractuary.........~......... 72
Section Fourth. Ways of extinguishing a usufruct....... ... .... 76
Chapter Second. Use and occupancy. .,............... ............... 77
Title VII. Easements .............................~........~... ........., 78
Chapter First. Easements in general. ................... ............ 78
Section First. Different kinds of easements which may be estab-
lished on estates ...~... ...... ...... ....... ...... .... .... .... .... 78
Section Second. Manner of acquiring easements ................. 79
section Third. Rights and obligations of owners of dominant and
servient estates.........,. ................... ............... 79
Section Fourth. Ways of extinguishing easements. .............. 80
Chapter Second. Legal easements ...... ............ 81
Section First. General provisions... .................. ........... 81
Section Second. Easements with regard to waters ............~... 81
Section Third. Right of way.............~...........~...... ..... 82
Section Fourth. Easements of party walls and fences............ 83
Section Fifth. Easement of light and view ..~.........;...........6
Section Sixth. Drainage of buildings... ................... ...... 86
Section Seventh. Intermediate distances and works for certain
constructions and plantinge.................. 86
Chrapter Third. Voluntary eraements...... ;... .................. ...8
Title VIIT. The registry of property........ ......,.....~.. .............
TABLE OF CONTENTS.
Book Third. Different ways of acquiring ownership..-.. .-.................. 89
Preliminary provision.... .~~..~~....... ..~....~.....~..... ~................. 89
Title I. Retention... ..~~..~...........~-....-.............. ........ ..... 89
STitlell. Gifte...........~.......~........................... 90
Chapter First. Nature of gifts .................. .. 90
Chapter Second. Persons who canl bestow or receive gifts ........... 91
Chapter Third. Effects and limitations of gifts........~.~. ........... 91
Chapter Fourth. Revocation and reduction of gifts...~..~. ........... 93
STitle III.'Snecessions-general provisione....~.. .~..-~................... 94
Chapter First. Wills........ .....-.......... ........s.............. 95
Section First. Capacity to depose by will .....~.......~.. ........ 95
Section Second. Will 2n general.......~~. ........ ............ 9
Beetion Third. Form of wills...... ....~.....~..................... 96
Section Fourth. Holographic wills......~..~.. .... ............. 97
Section Fifth. Open wvills.~......... ...~..~. .................... 98
Section Sixth. Closed Iville ...............~........~...~......... 100
Section Seventh. Military wills ....... .... .... .... .... .~... ...... 102
Section Eighth. Maritime will .................. .......~........ 103
Section Ninth. Wills made in foreign countries .................. 105
Section Tenth. Revocation and inetticiency of wills..... ......... 105
Chapter Second. Inheritances .... .... .... .... .... .... .... ...... .... 106
Section Firet. Capacity to enoceed by will and in the absence
thereof ................................................ 106
section Second. Designation of beirebip........~... ............. 109
section Third. Substitution ..............,... .........~.. ........ 110
Section Fourth. Designation of heire; and conditional legacies
or for a term ..........~.. ........... ....~~.. ...~... ~~.......... .. 112
Section Fifth. Legal portion .......~.,.... ..~~....~..~.... ...... 113
Section Sixth. Betterments (mejoras).......~. ..~...~............. 116
Section Seventh. Rights of the surviving spouse ................ 117
Section Eighth. Rights of illegitimate children..._. ..~.......... 118
Beetion Ninth. Dieinheritance...~........... ............:..... .... 118
Section Tenth. Legacies and bequests ......z.. .~............~... 120
Section Eleventh. Executore ........-.......... ..~.............. 124
Chapter Third. Intestate succession. .........~.. ..............,.. .... 126
Section First. General provisions ................... ........... 126
Section Second. Relationship ......... .....~..~............... 126
Section Third. Representation ...... .... .... ...... .... .... ....... 127
Chapter Fourth. Order of succession according to diversity of lines.. 128
section First. Descending direct line................. ........., 128
Section Seconld. Aeoenditlg direct line............,.. ..~.......... 128
Section Third. Acknowledged natural children ........~.......... -129
Section Fourth. Successions of collaterals and of spouses.~... ... 129
Section Fifth. Sneccession by the State....~..............~,........ 130
Chapter Fifth. Provisions common to inheritance by or without wiUl. 130
Section First. Precautious to be adopted when the widow remains
pregnant...... ...... .... .......... ....... ........... ..L.... 130
Section Second. Property to be set apart .....~... ............,. 131
Section Third. The right of accretion................;.. .......... 133
Section Fourth. Acceptance and repudia.tion of the inheritance.. 134
Section Fifth. Benefit of inventory and right to deliberate....... 136
Chapter Sixth. Collation and division............ .....~.....:... ..... 139
Section First. Collation................. ...... .................. 139
Section Second. Division ..........~................... ........., 141
Section Third. Effects of division.............. ...... ........., 142
Section Fourth. Rescission of the division...........~.........., 148
Section Fifth. Payment of hereditary debts .....~........ ........ 144
Book Fourth. Obl nations and contracts..~... .............~. .~................ 145
Title I. Obli e~ione~. ....:.~. .....,...............~...................... 145
Chapter Liret. General provisions................. ........~......... 145
Chapter second. Nature and effects of obligations ... ................ 145
Chapter Third. Different kinds of obligationsa ................,....,.. 147
Section First. Pure and conditional obligations..... ............ 147
Section Second. Obligations with definite periods............,.... 149
Section Third. Alternative obligations .......................... 150
Section Fourth. Several and joint obligations .................. 151
Section Fifth. Divisible and Indivisible obligattions.....'.........15
Section Sixth. Oalligations with a penal clause ...;......,....... 158
TABLE OF CONTENTS.
Book Fourth. Obligations and contractel-Continued. Page.
Title I. Obligattions-Continued.
Chapter Fourth. Extinction of obligatione-general provisions. ...... 153
Section First. Payment.........~.................. .............. 153
Application of payments .................. .................. 155
Payment by assignment of property .~.. .......~........ ...... 155
Tender of payment and consignation .~.... ....~.~............. 155
SSection Second. Loss of the thing due ~~.........~~............... 156
Section Third. Remission of debts....~~..........~. .~... ......... 156
Section Fourth. Confusion of rights..............,..... .......... 157
Section Fifth. Compensation ...... .... .... ...... .... ..~... .... .. 157
Section Sixth. Novation.... ........... ................... ...... 158
Chapter Fifth. Proof of obligatione--general provisionss. ........... 159
Section First. Public instruments................~.. ............. 159
Private instruments.~..........~~.......... ............. .... 160
Section Second. Confession.... ..~~..~...............~............. 161
Section Third. Personal inspection by,the judge..~............... 162
Section Fourth. Expert evidlence.....~.................... ....... 162
Section Fifth. Evidence of witnesses.~.................. ......... 162
Section Sixth. Prescriptions...... ...... ............. ... ......... 163
Title II. Contracts.............. .........,....,....... ...~........~........ 164
Chapter First. General provisions..~......~.................~.......... 164
Chapter Second. Essential requisites for the validity of contracts.... 164
Section First. Consent ...~....~. .................. .............. 165
Section Second. Objects of contracts...... ................ ...... 166
Section Third. Consideration of contracts. ................ ...... 166
Chapter Third. Effectiveness of contracts ...............~............ 166
Chapter Fourth. Interpretation of contracts ..............~.......:.. 167
Chapter Fifth. Rescisexon of contracts ............................... 168
Cha:pter Sixth. Nullity of contracts .... ... ................... ....... 169
Title III. Contractil TelatingItOprOperty by reR~bO Of marriage.o...~....... 171
Chap~ter First. General provisions...~.................... ............ 171
Chapter Second. Gifts by reason of marria~ge.... ..........~... ...... 173
Chapter Third. Dowry..~...................... ...........~.. ........ 174
Section First. The creation and guarantee of dowry ............. 174
Section Second. Administration and usufrnet of the dowrry ...... 177
Section T'hird. Restitution of the dowry ............~~. ......... 178
Chapter Fourth. -Paraphlernal property..~... ..........,........ ...... 180
Chapter Fifth. Conjugal partnership ...... ..... ..................... 181
Section First. General provisions.... ................... ......... 181
Section Second. Property belonging to each of the spouses ...... 181
Section Third. Property of the conjulgal partnership............, 182
Section Fourth. Charges and obligations of the conj ugal partner-
ship .. . . . . . . . . . . . . . . 188
Section Fifth. Administration of the conjugal partnership...... 184
Section Sixth. Diesolution of the conjugal partnership .......... 184
Section Seventh. Liquidattion of the property of the conjugal
partnership. ..~. ......................... ................. 184
Chapter Sixth, preparation of the property of the spouses and its ad-
ministration by the wife during the marriage.~....'..............,. 186
General provisions ..-. .~.........~.............~~~................ 188
Title IV. Contract of purchase and sale .....~~....~.. ................... 188
Chapter First. Nature and form of this contract...... .............. 188
Ch pter Second. Capacity to purchase or sell ................... ..... 190
Ch pter Third. Effects of the contract of purchase and sale wvhen
t thing sold has been lost ................... 190
Chapter Fourth. Obligattions of the vendor ............~~............ 191
section First. General provisions.. .~...~......~..............~..,.. 191
Section Second. Delivery of the thing sold........ ...*..~........ 191
Section Third. Warranty '.................... 193
Q1. Warranty in case of eviction.................-.........._ 193
52. Warranty against hidden defects of or burdens on the
thing sold .................. ...~......~................ 194
Chapter Pifth. Obligations of thre vendee ....~......~. ............... 196
Chapter Sixth. Reselesion of the sale ...~........................... 197
Section First. Conditional redemption .............~............, 197
Section Second. Legalredemptipn..................... ........._ 199
Chapter Seventh. Aeeignments of credits and other incorporeal
rights ... .. .. . . . .. .. .. . . .. . 199
Chapter Eighth. General provision...... .................. .......... 200
TABLE OF'CONTENTS. Y
Book Fourth. Obligations and contralcts--Continued. Psage
Title V. Exchange...................... ...~.. ................ ........-... 201
Title VI. Contracts of lease..................~.......~..... ~...:.~........ 201
Chapter F~irst. Generalprovisione..~.. ........~~.......~............. 201
Chapter Second. Leases of rural and town property ........ ~........ 201
Section First. General provisions ................ 201
Section Second. Rights and obligations of the lessor and (eesee.. 202
Section Third. Special provisions for leases of rural property .... 206
Chapter Third. Hiring of work and servicee..~...,.....~....~........ 205
Section First. Services of paid servants and laborers ....~........ 205
Section Second. Works at a ~price agreed upon or for a lump sum. 200
Section Third. Transportation by water and land of persons as
well as of things .............~.. .......~.. .................... 207
Title VII. Annuities (eensos) ......~... ........~....... ................. 208
Chapter First. General provisions................... .....~.....~~..... 208
Chapter Second. Emphytentic annuities.......... ...~....~............ 211
Section First. Provisions referring to emphytensis ..~....~........ 211
Section Second. Special annuities (foros) and other contracts
analogous to that of emphytensis......... ...............,..... 214
Chapter Third. Transferable annuities (censos consignativos).~....... 215
Chapter ourth. Reservative annuities................ 216
Title VIII. .Partnership ...~... ...... .... .... ... ...... ...... .... .... .... 216
Chapter First. General provisione.................... ...~...:........ 216
Obapter Second. Obligations of partners ...~....~.................., 217
Section First. Obligations of the partners among themselves .... 217
Section Second. Obligations of partners with regard to third per-
some ..~.....~......................................... 220
Chapter Third. Manners of dissolving partnership .....~.....~....... 221
Title IX. Agency .~.. ...~.................~..~~..........~................ 222
Chapter First. Character, form, and kinds of agency ................ 222
Chapter Second. Obligations of the agrent..........;.........~....... 223
Chapter Third. Obligations of the principal..........~............... 224
Chapter Fourth. Manner of terminating the agsency .~................ 224
Title X. Loans-general provisions.... ...~.........~......~................ 225
Chapter First. Commodatlm.... ................... ................. 225
Section First. Noeture of commodatum..............~..........~... 225
Section Second. Obl a*:tions of the bailee..~....~................. 226
Section Third. Obli nations of the bailor .................. ...... 2263
Chapter Second. Simple loan.. ................ .................. .... 227
Title XI. Depositum...~.. ............. ...... .................. .......... 227
Chapter First. Depositum is general and its different kind ......... 227
Chapter Second. Depositutn properly speaking .................. .... 227
Section First. Nature and essence of the contract of dep~ositum.. 227
Section Second. Voluntary depositum .............. ............ 227
Section Third. Obligations of the bailee..,..... ...... .......... 228
Section Fourth. Obligations of the bailor..~.....~........... ..... 229
Section Fifth. Necessary depositum ....~................... ...... 229
Chapter Third. Sequestration...........................~.....~.~..... 230
Title III. Aleattory contracts or those depending on chance........ .~.... 230
Chapter First. General provisions.......................~.....~....... 230
Chapter Second. Insurance contracts...... .......... .~......~........ 231
Chapter Third. Gambling and betting. ................... ........... 231
Chapter Fourth. Life annuities .................... ....~.....~.....~.. 232
Title XIII. Compromises and arbitrations ... ................~... ....~.... 233
Chapter First. Compromises ...............-.. ................ ...... 233
Chapter Second. Arbitration ..........~...... ...~...........~........ 234
Title XIV. Security........................... 234
Chapter First. Nature and extent of security~ .........~..~... .... .... .. 234
Chapter second. Efftects of security ......................... ........ 235
'Section First. Effects of security between `enreby and creditor ... 235
Section Second. Effects of security between the debtor and the
surety .......~...................... .................... ..~..... 286
Section Third. Effects of security as between the cosureties...... 237
Chapter Third. Extinguishment of security ~.................... ..... 237
Chapter Fourth. Legal and judicial security .................. ...... 238
Title XV. Contracts of pledge, mortgage, and antichreeis ................ 238
Chapter First. Provisions common to pledge and mortgage .......... 238
Chapter Second. Pledge .......................239
Chapter Third. Mortgage.............,.... .................. ....... 240
Chapter Fourth. Antichresia ......................... ............ 241
VI' TABBE OF CONTENTS..
Book Fourth. Obligations and contracte--Continhed. Page.
Title XVI. Obhgations contracted without agreement ~........ .......... 242
Chapter'First. Quasi contracts.;... .................. .............. 242
Section First. Manatgeme~nt of another's business .....,........... 242
Section Second. Collection of what is not iue :...................~ 243
Chapter Second. Obligations which arise from fault or negligence ... 213
Title XVJIY. Concurrence and preference of credits. ...............~.. .....* 245
Chapter First. General provisions......~.....L..r...~.................. 245
Chapter Second. Classification of credits ~I. ...,..................... 246
Chapter Third. Priority of payment of credith. .... .......... ....... 248
Title XVIII. Prescription ..~.~.......... ..~.;.~.... ................ ... 249
Chapter First. General provisions.~.... ...~..... ............~..~.... 249
Chapter second. Prescription of ownership and of ,other .propertyT
rightsi...... ................. ...~..*............,............ ..~... 250
Chapter Third. Prescription of actions' .................. ........... 252
Final provisions .... .... .... .... ..:. .... .... .... ..... .... .... ... 254
Transitory provisions ..~.... ...... .... ...- ~.... .... ..... .... ...... 254
Additional provisions .................. ................ ......... 256
Appendix I. Requisitee or formalities necessary before consent by the family
council to contract niarriage may be given................. 259
Appendix II. Record of canonical marriage in the civil registry.....~..... ...- 260
Appendiz III. Before whom and how opposition to marriage shall. be matde... 266
Appendix IV. Preliminary proceedings in trials for divorce or annnllment of
exvil marriages......~..........~........ .....~....................... ....... 267
Appendix V. Rules containing the modifications which may be considered
indispensable in proceedings relating to guardianship in accordance with the n
provisions of the code..~... ................ ......~..................... ..... 289
Appendix VI. Alienation, incumbrance, etc., of propertyv of minore........... 271
Appendix VII. Method of procedure of the family council.... ................ 2713
At the~ sugjgestionl of thle colonial siecreta~ry, in accorda~nce w\ith thel
council of secretaries, etc.,
SI'hereby decree the foillow\ing:
dA~RToL 1. The Civil COde Iiow in force in the Peninsula, drafted inl
e~cordannce with thle provirsious of the lawC of MaS ll, 1888,annd approved
y royal dlecree? of the 24lth instantt is hereby extendled to the islandrj
? Cuba, Porto Itico. and the Philippines.
A ar. S. This Code shall go inito etffct in the said~ islands twenty day~s
.er its pubrlicantion in the oiieial newrspapers of the same.
SART. 3. I1!n acordan~uce w~ith the p~rovisions of article 1 of t~he saidl
lode, the Ilaws sha~ll go into effect in t~he colonial provine~s twenty
iays after. their prom~lgat~io n, it being ulnderstoodl that this sh~ll bre
be dany on whlich theiri publication in the oncial newspapers of the
)Iands shall enrd,
G Cive n t San Ildefonso, July 31, 1889i.
r Illinia C'RisTINA..
f AINUEL EECERRA,
LBTws, THEmn EFFECT, ANlD GENERAL RULES FOR THEIR
ARTICLE 1. Laws shall be binding in the Peninsula, in the adjacent
islands, in thle Canaries, and~ in the territory of Africa, which is subject
to Peninsular legislation, twenty days after their promulgation! if not
otherwise provided therein.
The promulgation shall be understood as having takegn place the day
of the termination of the publication of the law in the Gaceta.
ART~. 2. Ignorance of the law does not excuse from compliance
ART. 3. Laws shall not have a retroactive effect unless otherwise
ART. 4. Acts executed against the provisions of law are iroid,
excepting the cases in which said law orders their vali'dity.
Rights granted by the laws may be renounced, provided this renun-
cia~tion is not, contrary to public interest or public order, or to the
prejudice of a third person01.
ART. 5i. Laws are repealed only by other subsequent laws, and dis-
use or any custom or practice to the contrary shall not prevail against
ART. G. Any tribunal which refuses.to render judgment on the pre-
text of silence, obscurity, or insufficiency of the laws shall incur liability
When there is no law exactly applicable to the point in controversy,
the customs of the place shall be observed, and, in the absence thereof,
the general principles of law.
BAR. 7. If in the laws months, days, or nights are referred to, it
shall be understood that the months are of thirty days, the days of
twenty-four hours, and the nights from the setting to the-rising of the
If the months are indicated by their names, they shall be computed
by their actual number of days.
ART. 8. Penal laws, police laws, and those of public security are
binding on all those who reside in Spanish territory.
ART. 9. The laws relating to family rights and obligations, or to the
status, condition, and legal capacity of persons, obligate Spaniards
even though they reside in a foreign country.
ART. 10. Personal property is subject to the laws of the nation of the
ownler thereof; r~eal property to the 1laws of the country in whichl it is
However, legal and testamentary successions, with regard to the
order of succession, as well as to the amount of the successional rights
and to the intrinsic validiity of their provisions, shall be regulated b!
the laws of the nation of the person whlose succession is in questions,
whatever may be the nature of the property and the country where it
may be situate.
Biscayans, even though they reside in towns, shall continue: subject-,
with regard to the property they possess in thle level lands, to law 1-,,
title 20, of thle Pu~ero dle ~izycarya.
A1RT. 11. The forms andc solemnities of contracts, wills, and other
public instrlumenfts ar~e governed by the laws of' the country inl whichi
they are executed.
When saidl instruments are authenticated by diplomatic or consubt~r
officials of Spain abroad, thle formalities requniredl by Spanishl laws forl
their execution shall be observed.
Notwithstanding thle provisions of this and of the preceding article,
prohibitive laws concerning persons, their acts or property, and those
which relate to the public order and to good morals, shall not remains
without effect by virtue of laws issued or judg'ments rendered, or b~y
regulations madle or conventions agrreedl uponl in a foreign country.
ART. 12. The provisions of this title, inl so far as they determined thec
effects of thle laws, statutes, and general runles for their app~lica~tionl,
are binding inl all the provinces of' the K~ingdom, as well as thle pr~o-
visions contained inl title 4, book~ 1.
In all other matters the provinces and territories in which the law
of the forum is in force shall preserve it for the present', no change
being made in their actual judicial administration, whether written or
customary, by the publication of this code, whlichl shall be enforced
only as a supplementary law in the absence of that which is such by
their special laws.
ART. 13. Notwithstanding thle provisions of the foregoily article,
this code shall go inlto effect in Arag6n and in the B~alearic Islands at
the same timeo as inl the provinces not under the Ilaw of the forum, in so
far as not conflicting with those provisions of thle forum or customary
ones which are actually in force.
ART. 14. I'n accordanIce with the provisions of article 12, those of
articles 9, 10, and 11, with regard to persons, acts, and property of
Spaniards abroad and that of foreigners in Spain, are applicable to
persons, acts, and property of' Spaniards in territories or provinces
having different civil legislationl.
ART. 15. Family rights and duties, those relating to thle status, con-
dition, andc legal capacity of persons, and those of testamentary or
intestate succession declared in this code, are applicable:
1. To persons born in the commnonl-law provinces or territories of
parents subject to the law of thle for~umt, if thle latter, during the minority
of the children, or the said children, within the year following their
majority or emancipation, declare it is their desire to submit themselves
to the civil code.
2. To thle children of a father, andc, should the latter not exist or be
unkinown, of a mother belonging to provinces or territories subject to
the common law, even when born in provinces or territories where the
law of the forum is inl force.
3. To those who, proceeding from provinces or territories subject to
thle law of the forum, should ha~ve acqunired a residence in other ones,
subject to the common law.
For the purposes of this article, residence is acquired by a residence
of ten years in provinces or territories subject to the common law,
unless the inlterested party, before the termination of this period,
expresses hlis wishes to the contrary, or by a residence of two years,
provided that the interested party states that this is his wish. Either
declaration should be made before thle municipal judge for the proper
record in the civil registry.
In any case, the wife shall follow the condiitionl of the husband; and
the children, nlot emnancipated, that of their faLther, and in his absence
that of' their thother.
The provisions of this article aIre of r~eciprocal aplplicaltion to the
Spanish provinces and2 territories hasvingr d2i~erenlt civil legislation.
ART. 10. In ma~tters8 which aIre govecrnled by special laws, thle defi-
cifilcy of the Ilatter shall be supplied by the provisions of this Code.
Spaniair~ds andrt Foreignoers.
ARTI. 17i. The following are Spaniards:
1. Persons born in Spanish territory.
2. Children of a Spanish father or mother, evenl though~ they were
born out of Sp~ain.
3. Foreigners who may have obtainedl nalturalizationl papers.
4. Those? who, without said papers, may have acquired a residlence in
any town in the M~onarchy.
A~BrT. 18. Children, while they remains under thle parental authority,
have the nationality of their parents.
I In order that those born of foreign parents in Spanish territory may
~enjoy the benefits granted them by No. 1 of article 17i, it shall be an
indispensable reqluisite that thle parents declare, in thre manner and
before the oilicials specified in article 19, that they choose in the name
of their children the Spanish nationality, renouncing all others.
ART. 19. The children of a foreigner born in Spanish possessions must
state, within the year following their majority or emancipation, whether
,they desire to elqjoy thle citizenship of' Spaniards, granted them b~y
Those who are in the Kingdom shall make this declaration before the
official in charge of the civil registry of the town in which they reside;
those who reside abroad before one of the consular or diplomatic agents
of the Spanish Government, and those who are in a country in which
the Government has no agent addressing the secretary of state of
ART. 20. The citizenship of a Spaniard is lost by acquiring the
nationality of a foreign country, or by accepting employment firoml
another Government, or by entering the armed service of a foreign
power without the permission of the King.
BAR. 21. A Spaniard who loses his citizenship by acquiring thle
nationality of a foreign country can recover it upon returning to the
Kingdom by declaring to the official in charge of the civil registry of
the domicile which he elects that such is his wish, in order that the
proper entry may be made, and by renouncing the protection of thle
flag of said country.
ART. 22. A married woman follows the condition and nationality, of
A Spanish woman who marries a foreigner may, upon the dissolution
of the marriage, recover the Spanish nationality by complying with tbo
requisites mentioned in the preceding article.
ART. 23. Any Spania~rd whoe loses 'his citizenship by acceptingf
employment from any other governmlent, or by entecrinlg the armedt
service of a, foreign power without the King's permlission, cal nlot
recover the Spanish nationality without previously obtaining the royall
ART. 24. A person born abroad, of a Spanish father or mother, who
may have lost the Spanish nationality on account of the parents hav-
ing lost it, may also recover it by complying with the conditions
required by article 19.
ART. 25. In order that foreigners who have obtained nlaturalizationl
papers or acquired a residence in any town in the Monarchy may enjoy
Spanish nationally, they must previously renounce their former nation-
ality, swear to the constitution of the Monarchy, andi record themselves
as Spaniards in the civil registry.
ART. 26. Spaniardls w~ho change their domicile to a foreign country,
where they may be considered as natives without other conditions than
that of residence therein, shall be required, in order to preserve the
Spanish nationality, to state that such is their wish before the Spanish
diplomatic or consular agent, who must record them inl the registry of'
Spanish residents, as well ars their spouses, should they be married, andt
any children they may have.
BAR. 27. Foreigners enjoy in Spain the rights which the civil laws
grant to Spaniards, with the exception of thle provisions of article 2
of the constitution of the State or in international treaties.
ART. 28. Corporations, institutions, andi associations recognized by
law and domiciled in Spain shall enjoy the Spanish nationality pro-
vided they possess the character of judiciall personls in accordance with
the provisions of this code.
Associations domiciled abroad shall have in Spain the consideration
and the rights fixed in treaties or special laws..
Birth acnd extinction~ of civil personality.
ART. 2',. Birth determines personality, but the conceived child is
considered as born for all favorable purposes, provided that it be born
with the conditions mentioned in the following article.
B RT. 30. For civil purposes the fu~tus shall only be consider ed as
born which has a human form and lives twenty-four hours entirely
separated from the mother's womb.
ART. 31. Priority of birth, in case of twins, gives` to the firstborn
the rights which the la~w recognizes in primogeniture.
ART. 32. Civil personality is extinguished by the death of persons.
Minority, insanity, or idiocy, the state of being deaf and dumb, prodi-
gality, and civil interdiction are only restrictions uponl the judlicial
personality. Those who are in any of these conditions may have rights
and even obligations whenl they arise from thle falcts or f'romn the rela-
tionls between the property of the incapacitated person and a third
ART. 33. Should there be doubt between two or more persons called
to succeed each other as to which of them died first, he who alleges the
prior death of one or the other must prove it; in the absence of proof
it shall be presumed that they both died at the same time, and the
transmission of rights from one to the other shall not take place.
ART. 34. With regard to the presumption of the death of an absentee
and its effects the provisions of title 8 of this book shall govern.
ART. 35;. The following are judicial persons:
.1. The corporations, associations, and institutions of public interest
recognized by law.
Their personality begins from the very instant in which, in accord-
a~nce with law, they are validly established.
2. The associations of privaLte interest, be they civil, commercial, or
industrial, to which the law grants proper personality, independent of
that of each member thereof.
ART. 36. The associations referred to in No. 2 of the foregoing article,
shall be governed by the provisions of their articles of association,
according to the nature of the latter.
ARnT. 37i. The civil capacity of corporations shall b~e governed by the
lawsJ which have created or recognized them;. that of associations by
their by-laws, and that of institutions by the rules of their establishl-
ment, duily approved by an administrative act, when this requisite is
ARET. 38. Judicial persons may acquire and possess property of all
kinds, as well as contract obligations and institute civil or crimninll\
actions in: accordance with thle laws and rules of their establishment.
The church shall be governed, in this particular, by what has been
agreed upon by both powers, and educational anld charitable institur-
tion~s by the provisions of special laws.
ART. 39. When corporations, associattions, and institutions have
ceased to act, by reason of the terminatioil of the period during which
they legally acted, or on account of having attained the ends for which
they were established, or because it has become impossible to ap~ply~
thereto the activity and the means which were aLt their disposal, thle
property shall be dlisposed of as mnay haLve been determinedi upon by
the laws or by-laws or articles of their establishment. If nothing has
been previously fixed, the property shall be used for similar purposes
in the interests of the region, province, or m~unicipalty which may
have principally reaped the benefits of the extinct institutions.
ART. 40. For the exercise of rights anld the fulfillment of civil obli-
gations the domicile of natural persons is the place of their usual
residence; and, in a proper case, that determined by the law of civil
The domicile of resident diplomats who, by reason of their office
abroad, enjoy the rights of extraterritoriality shall be thle last one they
had in Spanish territory.
ART. 41. When neither the law which hlas created or recognized
them, nor thre statutes or rules of their establishment; fix the domicile
of judicial persons, it shall be understood that it; is at the place where
their legal representation is established or where they exercise the
principal duties of their institution.
8ECTION FIRST.--Forms of' nlarriagle.
ART. 42. The law recognizes two forms of marriage-the canonical,
which alll who profess the Catholic religion must celebrate!, anid the civil,
which shall be celebrated inl the manner prescribed in this code.
SECTION SECOND.-Porovis ionts colntmano to bef It fonrtR O' s7tarr1iag6.
ART. 43i. Future espousals do not give rise to an obligation to contract
marriage. No tribnunl sha~ll admit a complaint in which their fulfill-
ment is demanded.
ART. 41. If the promise hlas been made in a public or private instrn-
mlenlt by a person of age, or by a minor inl the presence of the person
whose consent is necessary for thle celebra~tionl of the marriage, or when
thle banns have beenl published, the p~erson who refuses to marry, with-
out just cause, shall be? obliged to inldemnlify~ the other party for the ex-
penses which he or shte may hlave inlcurredl by reason of the promised
Anl action to recover inldemnrity for the exspenses to which the foregro-
ingf article refers may1 be inlstituted onlly within a year, counted from
thle day of the refusal to coelehrate the marriage.
ART. 45i. Marriage is forbidden--
1. To a, minor whoe has not obtainled permission and to a person of age
who has not requested the advice of the p~ersons whose right it is to
unthor~ize one or the other in the cases provided for by law.
2~ To a widow during thle three hlundredl and one days following the
deanth of hier husband, or before child~birthl if she should have been left
pregnant,, and to thle w\omanl whose marriag~o has beenl declalredi void in
the samne condition anld f'or thle samle periods, to beo counltedl from the date
of har legall separation.
3. To the gua~rdianr and hlis dlescendantns with the persons whom hie
mary have or may have had under charge, ~until the guardianship has
termina~ted and the accounts of his admninistra~tio n have been approved,
except in case the father of thet person subject to guardianship has
authorized the marriage in a will or in a public instrument.
ART. 45. (Cuba and Porto Rico.) The following are forbidden to
marry in the islands:
Males under 20 years of age and females under 17, natives of the
Spanish Antilles, who hIave nlot obtained the proper permission, and
those over said ages whoe have not requnested the advice of the persons
whose legal right it is to Authorize onle or the other.
(There is no change inl Nos. 2~ and 3.)
ART. 46. The permission referred to inl No. 1 of the preceding article
must be granted thle legitimate children by thle father; in his absence
or where he is prevented from giving it the power to grant it devolves
upon thle mother, the paternal and maternal grandparents, and, in thle
absence of all of them, upon the family council, in the order fixed here.
If acknowledged natural children or children leg~itimized by royal
concession are in question, such consent must be asked of those who
acknowledged or legitimized them, of their ascendants, and of thre
family council, in the order established in thle preceding paragraph.
If adopted children are in question, the collsent shall be asked of the
adopting father, and inl his absence of the proper members of the nlat-
Other illegitimate children shall obtain the conlsent of their mother,
when she is legally ackinowledlged, that of the maternal grandparents
inl the same case, and, in the absence of either, that of the family
It is the duty of the heads of foundlinlg institutions to give consent
for marriage to those educated therein.
AIuT. 47. Children of age are obliged to ask the advice of their
father, and in his absence that of the mother. If they should not
obtainl it, or it should be unfavorable, the marriage can not be cele-
brated until three months after the petition is mlade.
AR~T. 47. (Cuba and Porto Rico.) Children, over the ages referred to in
number 1 of article 45 are obliged to request the advice of the father,
and in his absence of the mother. Should they niot obtain it, or shouldl
it be unfavorable, the marriage canl not take place until three months
after the petition was made.
ART. 48. The consent and the favorable advice for the celebration of
a marriage must be proven, if reqluestedl, by means~of an instrument
authenticated by a civil or ecclesiastical notary or by the municipld
judge of the domicile of thle petitioner.
When the advice has been asked in vain thle lapse of time to whichl
the preceding article refers shall be proven inl the samne manner.
ART. 493. None of those called upon to give their consent or advice is
obliged to state the reasons for granting or refusing it, nlor is there any1~
remedy against their dissent.
ART. 501. If, notwithatanlding thle provisions of article 45, the persons
mentioned therein are married, their marriage shlll be valid; but thle
contracting parties, without prejudice to the provisions of the penall
code! shall be subject to the following rules:
1. The nmrria~ge shall be understood as contracted with the absolute
separation of property, and each spouse shall retain the ownership and~t
administration of that which belongs to him or her, the income there-
from being his or hers, although with the obligation of proportionally
defraying the marriage expenses.
2. 11either of thle spouses shall receive from thre other anything by
gift or b~y will.
The provisions of the two prece~dinlg rules shall not be applicable to
the cases of number 2 of article 45, if dispensationl has been obtainedl.
3. If one of the spouses is a minor, not emancipated, he or she shall1
not administer his or her property until attaining majority. In thle
meantime he or she shall only be entitled to support, which shall nlot
exceed the nlet income from his or her property.
4. In the cases of number 3 of article 45 thre guardian shall, besides,
lose the administration of the property of the ward during her minority.
~rT. 51. Civil or canonical marriage shall produce no civil effects
when either of the spouses is already legally married.
ART. 52. Marriage is dissolved by the death of one of t~he spouses.
SECTION THIRD.--Proof of marriage.
AR.sr 53. Marriages celebrated before this code went into effect shall
be proved by the means established by prior laws.
Those contracted subsequently shall be proved only by a certificate
of the record in the civil registry, unless the books thereof never
existed or have disappeared, or a question is pending before the tri-
bunals, in which cases all kinds of evidence is admissible.
ART. 54. In the cases referred to in the second paragraph of thle
foregoing article, the uninterrupted status of the parents, together with
thle certificates of the birth of their children as legitimate, shall be one
method of proof of the marr~iage.of the former, unless it is shown that
one of the two was bound by another prior marriage.
ART. 55. A marriage contracted in a foreign country, where such
acts do not require a regular or authentic registration, may be proven
by anly of the methods of proof admitted by law.
SECTION FrOURTH.--RIigh~ts and obligations o~f hzsbanzd and wi~fe.
AtrT. 50. The spouses are obliged to live together, to be faithful to
and mutually assist each other.
BAR. 57i. The husband must protect the wife and the latter obey the
hAT. 58. The wife is obliged to follow h~er husband wherever he ma~y
es~tablish1 his residence. Thle tr'ibuna1ls, neverthelesss, may, with just
cauLse, exempt her from this obligation when the husband removes his
residence beyond the seas or to a foreign country.
ART. 593. Thle husband is the administrator of the property of the
conjugal partnership, except when the contrary is stipulated and in the
case of article 13841.
If he is under 18 years of age, he can? not administer without the
consent of his father; in the absence of the latter, that of the mother,
and in the absence of both without that of his guardian. Neither
may he appear in a suit without the appearance of said persons.
In no case, until he has attained majority, ma~y the husband, without
the consent of the persons mentioned in the preceding paragraph, bor-
row money, encumber or alienate the real property.
ART. 60. The husband is the representative of his wife. The latter
can not, without his permission, appear in a suit in person nor through
Nevertheless, she does not require such permission to defend herself
in a criminal suit, or to proceed' against or to defend herself in suits
with her husband, or when she mayT have obtained the rights in accord-
ance with the provisions of the law of civil procedure.
ART. G1. Neither may the wife, without the permission or power of
her husband acquire property for a good or valuable considerations,
alienate her property or bindi herself, except in the cases and with the
limitations established by law~.
ART. 62. Acts executed by the wife contrary to the provisions oft
tle! preceding-articles are void, except whenc~ they involve things whichl
by their nature are to be applied to the ordlinlary use of the family, in
which case purchases made by the wife shall be valid. Purchases of
jewels, furniture, and precious objects mnade without the permission
of the husband shall only be valid whenl thle latter may have consentedt
to his wife using and enjoying such things.
ART. 63. The w~ifr, without permission of her husband, mnay--
1. Execute a will.
2. Exercise the rights and fulfl~lH the duties which alpportainl to hecr
with regard to thle legitimate and acknowledged natural chlildrenl shec
may have had by another, and with' relation to the property of thle
ART. 64. The wife shall share the honors of her husband, except
those which are strictly and exclusively personal, and shall retain them
as long as she does nlot contract a ntew marriage.
nAT. 65,. Only the husbandc and hris hleirs may enforce the Inullity of the
acts executed by his wife without proper p~ermission or authorization.
ART. 66. The provisions of this sections are understood to be without
prejudice to those of this code relating to abbsence, incapacity, prodigal1-
ity, and interdiction of the husband.
SECTION FPITH.--Effects ofJ avetevellknent of Inarria~o tand of divorce.
Ant. 6'7. Thle civil effects of suits a~nd decrees conlcrnling alnnull-
ment of marriage anld divorce canl only be obtaLined before' the or'dinar11y
ART. 68. After the suits referred to in the pr1ecedinlg article have
been instituted and aLdmittedl, the following measures shall be adopted
during the p~endlency thereof:
1. The separation of the spouses in every case.
2. The protection of the wife in the cases anld in the malnner pre-
scribed by the law of civil procedure.
3. The placing of the children under thle care of one or both of thle
spouses as may be proper.
4. The provisions for thle sul~port of the wife andt of thle children whlo
do not remain ~under thle authority of the fatherl.
5. The apoptionl of the necessary measures to prevent the husbandc,
who may have givenl cause for the divorce, or against whom the suit
for annulment of the marriage has been instituted, from injuring thle
wife in the administration of her property.
Anr. GO3. A marriage contracted in good faith p~roduces civil effects,
although it may be declared void.
If good faith existed on the part of only one! of the spouses it shall
produce civil effects only with regard to said spouse anld to the children.
Good faith is presumed if the contrary does not applear.
When bad faith existed onl the p~art of both spouses, the mnarri~ae
shall only produce civil effects with relation to the children.
ART. 70O. After the annulmnent of aL marriagea has been filnally decreed,
the sons over three years of age shall remauin under the care of the.
father, and the daughters undcer the car~e of the mother, if there shoublt
hiave been good faith on the pabrt of both sp~ouses.
If good faith existed on thle plr~t of one of thle spouses only, the chil-
dr~en of both sexes shlall remai~ under the authority and care of saidl
If both were guilty of had faith, thle tribunal shanll decide as to thle
disposition of the children inl the ma~;nner p~rescribeed inl thle'seconld
paragraph of No,. f! of article 7i3.
The sons and daughlters, under three years of agee, shall in all cases
Remain ~under thle charge of thle mlothecr, until they attain this age, unless
on account of special reasons thle decree has ordered otherwise.
Ana. 71. The provisions of the first and second paragraphs of thle
preceding article shall nlot be made use of if the parents, by comlmonl
consent, shall provide othlerw~ise for the care of thle children.
ART. 72. The final decree of annulmlent shall produce, with regardl
to the property of the marriage, thle same effects aIs a dissolution by
death; but the spouse whoe ha~s acted in had fa~ithl shall have nlo rights
to the profits of thle conjungal parltnlershlip.
Whenl both~ hav~e actost il nt ha fithl, oneo shlall b~e set off' by the other.
AR~T. 7i3. A decree of dlivorceo shaill produce the folIOVlowin effects:
1. Tle! sepanrationl of thle sp~onses.
2. The children to remain or be placed ~under thle authority and pro-
tection. of the innocent spouse.
When both are guilty, a guard~ian shall be provided for the children
in accordance with the provisions of this code, and if the decree hlas
.not provided otherwise, the mother inl every case shall have the chil-
dren under three years of age inl her charge.
Upon the deaths of the innocent spouse, the guilty one shall recov-er
the parental authority and his or her rights, whlen thle cause which gave
rise to the divorce should have been adultery, violence to the person,l
or grave insult. When the cause is dliff'erent, a guardian shall be
appointed for the children. The, deprivationl of the parental authority
anud of its rights does not exempt the guilty spouse from the fulfillment
of the obligations whichl this code imposes upon him or her with regardl
~to thle children.
31. The guilty spouse shall lose all that may have been given or
promised him or hier by the innocent onle or by any other person in con-
sideration for the latter; andc the innocent spouse shall keep all that hie
or she has received fr~om the guilty: one, being permittedl, besides, to
claim forthwith all that may have been promised by the same.
4. The separation of the property of the conjugal pa~rtnershlip, anld
the loss of the administration of that of the wife, if thle hu~sbandc shouldl
Shave it, and is the onle who gabve cause forl the divorce.
5. The retention by the innocent husband of the administration, if he
should have it, of the property of the wife, who shall only be entitled to
ART. 74. Reconciliation terminates the suit for divorce and leaves
the decree issued in regard thereto without subsequent effects; but the
spouses must give notice thereof to the tribunal which has or may have
taken cog~nizance of the suit.
The effects of the decree shall be enforced with regard to the children,
without prejudice to the provisions of the foregoingf article, when it is
founded on the attempt or connivance of the husband or of the wife to
corrupt their sons or to prostitute their daughters, in which case, if
either still continue under the parental authority, the tribunals shall
adopt the proper measures in order to protect them from corruption or
CHAPTER SECOND.--CanloniCal marriage.
BAR. 75. The requisites, form, and solemnities for the celebration of
canonical marriages shall be governed by the provisions of the Catholic
Church and of the Holy Council of Trent, accepted as laws of thle
ART. 76. Canonical marriage shall produce all the civil effects withl
regard to th~e persons and property of the spouses and their dlescend-
ART. 77. A municipal judge or other official of' the State shall b(!
present at the celebration of the canonical marriage for the sole purl-
pose of making the immediate record thereof inl thle civil registry. For
this purpose the contracting parties are obliged to give notice inl writing~
to the proper municipal court twenlty-four hours at least in advance, of'
the day, hour, and place where the marriage is to be celebrated, incur-
ring, should they not do so, a fine of fi-om 5 to 80 pesetas. The mu-
nicipal judge shall give a receipt for the notice from the contracting
parties. Should he refuse to give it, he shall incur a fine, which shall
not be less than 20 nor exceed 100 pesetas.
The celebration of the canonical marriage shall not be proceeded
with without the presentation of said receipt to the parochial p~riest.
If the marriage is celebrated without the presence of the municipal
judge or his delegate, notwithstanding that th~e contracting parties may
have advised him thereof, thle record of the certificate of the canonical
marriage in the civil registry shall be made at his expense, and he shall
Spay, besides, a fine which shall not be less than 20 nor exceed 1001
pesetas. In such case, the marriage shall produce all its civil effects
from the moment of its celebration.
If the contracting parties should be at fault for not having given
notice to the municipal judge, they may remedy the defect by asking
for the record of the marriage in thle civil registry. In this case, the
marriage shall produce no civil effects, except from the time of its record.
A~rT. 78. Those who contract canonical marriage in a rticulo mnortis
may give notice to the person in charge of the civil registry, at any
time before its celebration, and prove, in anly manner whatsoever, that.
they have fulfilled this duty.
The penalties imposed upon contracting parties who omit this requi-
site shall not be applicable to the case of marriage in ar.)ticullo miortis,
when it is shown tha t it was impossible to give proper notice. In every
case, in order that the marriage may produce civil effects from the date
of~its celebration, the sacramental certificate shall be entered in the
registry within the following ten days.
ART. 79. The secret marriage of conscience, celebrated before the
church, is not subject to a~ny formality in the civil order, nor shall it
produce any civil effects, except from the time of its publication through
its entry in thle registry.
This marriage shall nevertheless produce civil effects from the time
of its celebration if both contracting parties, by common consent, ask
the bishop who authorized it, for a copy of the entry made in the secret
register of the bishopric, and if they send it directly, with the proper
secrecy, to the general direction of the civil registry, requesting its
entry. For this purpose thle general direction shall keep a special and
secret registry with the necessary precautions, in order that the con-
tents of said records may not be made known until the interested par-
ties request that they be made public by transferring the same to the
m~uniipial registry of their domicile.
AR~T. 80. Thle cognizance8 of suits for annulment and divorce, in case
of canonical mlarriages, appertainls to tihe ecclesiastical tribunals.
ART. 81. When aI suit for divorce or annulment of marriage hlas been
instituted before the ecclesiastical tribunal, it is the duty of the civil
tribunal to order, at thle instance of the party interested, the provisions
referred to in article 68.
BAR. 82. A final decree of annulment or divorce of a canonical mar-
riage shall be entered in the civil registry, and shall be presented to
the ordinary tribunal for the purpose of requesting its ORIOTOement in
the part relating to the civil effects.
SECTION FIRST.--Capacity of flee contracting~ parties.
Anr. 83. The following can not contract marriage:
1. Males under the age of fourteen and females under the age of
Marriage contracted by persons who have not arrived at the age of
puberty, shall, nevertheless, be, ipso facto validated, without the neces-
sity of an express declaration, if one day after having attained legal
puberty they should have lived together without havring given rise to a,
suit against its validity, or if the woman should have conceived before
legal puberty or before the institution of said suit.
2. Those who wer~e not. in the full enjoyment of their reason at the
timne of contracting marriage.
3. Those who suffered from absolute or r~elaztive physical impotency-
for the purposes of procrea~tion, prior to the celebration of the marriage,
in a patent, perpetual, and incurable manner.
4. Those ordained in sacr~is and those professed in an approved
religious canonical o~der, bound by aI solemn pledge of chastity, unless
either have obtained the proper canonical dispensation.
5. Those who are already bound in marriage.
ART. 84. Neither can thle follow-ing contract marriage with eaLch other:
1. The ascendants and descendants by legitimate or naeturall consan~-
guinity or affinlity.
2". Collaterals by legitimate cousanguninity up to the fourth dlegree.
3. Collaterals by legitimate athinity up to thre fourth degree.
4. Collaterals by natural consanguinity or affinity up to the second
5. The adopting father or mlothler andl thle adopted; the latter andl
thle surviving spouse of the former, andl~ thet former' and the survivingf
spouse of thle latter.
6. The legitimate descendalnts of the adlopter with thle adopted, while
the adoptionl lasts.
7i. Adulter~ers whoe have been condlemnlledl by final juldgmenlt.
8. Those who have beenl con~demnle d aLs a\utlor'S, or' as thle aulthor andll~
accomplice, of the death of the spouse of either of tleml.
ART. 85. The government, with sufficient cause, may, at the ins~tanlcet
of a party, waive the impediment mentionled in No. 2 of article 45; thle
third and fourth degrees of collaterals by legitimate consatnguinity;
the impediments arising from legitimate or natural ait~nity between
collaterals, and those relating to the descendants of the adopter.
SECTION S~ECOND.-Gelebra(tionL of mlar~riage.
ART. 86. Those who, in accordlanlce with article 42, desire to contract
marriage inl thle manner determinled in this code, shall present to the
municipal judge of their domicile a declaration signed by both con-
tracting parties, in whichl there shall be started:
1. The nlames, surnlames, a~ge, professional, dlomicile or residclelu of thle
2. The names, surnames, prof'essionl, domicile or residlence of the:
Certificates of birth and of the status of the contracting parties, the
consent or advice, if proper, and the dispenlsa~tion, when it is nlecessar'y,
shall accompanyy this declaration.
ART. 87. Marriages shall be celebra~tedl inl person, or by a proxy to
whom a sp~eia p)ower' has1 been givenl; butl thle presence of the contract-
ing party who is domiciled or resides in the district of the judge who
is to authorize the marriage shall always be required.
The name of the person with whom the marriage is to be celebrated
shall be mentioned in the special power, and the marriage shall be valid
if, before its celebration, the person so authorized should not have been
notified in an authentic manner of the revocation of the power.
ART. 88. If the municipal judge selected for the celebration of the
marriage should not be at the same time that of the domicile of both
contracting parties, two declarations shall be presented, one to the
municipal judge of each contracting party, stating which of the two
judges they have selected for the celebration of the marriage, and in
both courts the proceedings established in the following articles shall
ART. 89. The municipal judge, after ratification of the contracting
parties, shall order that edicts or proclamations be posted for fifteen
days anlnouncing- the desire, with all the conditions mentioned in article
86, an~d calling upon those who have information of anly obstacle to
denounce it. SimilarI edicts shall be sent to thle municipal judges of
the towns in which the interested parties may' have resided or been
domiciled during the two previous years, reqluestinrg that they be posted
in the place of the holding of their public court for the period of fifteen
days, and that, after the lapse of this time, they return them with a
certification of said reqluisite having been fulfilled and whether or not
any obstacle has been denounced.
AnrT. 90,. Soldiers inr active service who intend to contract marriage
aball be excused from thle pulblicaltion of suchl edicts outside of the
place where they residle if they present a c~ertificate that they are
unmarried, issued by the commnanding officer of the military body to
which they belong.
ART. 91. If the interested parties are foreigners, and have not resided
two years in Spain, they shall prove, by a certificate inl due form, issued
by a competent authority, that in the territory where they have had
their domicile or residence during the two previous years the publica-
tion has beeli made of the marriage which they intend to contract, with
all the formalities w~hich1 are requniredl in the former place.
ART. 92. In all other cases only the Governmenlt may waive the pub-
lication of the edicts on account of serious causes sufficiently provedl.
ART. 93. Notwithstanding the provisions of the preceding articles,
the municipal judge shall authorize the marriage of a person who is in
immuinent danger of death, whether he or she is domiciled in the place
or is a-transient.
This marriage shall be considered conditional until the previous
freedom of the contracting parties is legally establishedl.
ART. 94. Paymasters of men-of-war and captains of mlerchantmenl
shall authorize marriages which are celebrated on board in imminent
danger of death. These marriages shall aLlso be considered conditional.
ART. 95. The provisions of the preceding article are applicable to
the commanders of military bodies inl the field in the absence of a
municipal judge with regard to the members of the same who desire
to celebrate marriage in art~icuclo mlortis.
ART. 96. After the fifteen days referred to in article 89 have elapsed,
without any obstacle having been denounced, the municipal judge hav-
ing no knowledge of any, he shall proceed with the celebration of the
marriage in the manner prescribed in this code.
If a year elapses from the publication of the edicts without the mar-
riage taking place, it shall not be celebrated without a new publication.
ART. 97i. If, before the celebration of the marriage, any person should
appear opposing it and alleging a legal obstacle, or the municipal judge
should have knowledge of any, the celebration of the marriage shall be
suspended until the truth or falsity of the obstacle is declared in a final
ART. 98. All those who have knowledge of an intention to marry are
obliged to denounce any obstacle known to them. The denunciation
having been made, it shlall be forwarded to the department of public
prosecution, which, if it finds any legal foundation therefore, shall oppose
the marriage. Only private parties who have an interest in preventing
the marriage may personally institute the opposition, and in either case
such opposition shall be carried out in accordance with the law of civil
procedure, giving it the form of an interlocutory issue.
ART. 99. When, by a final ,judgment, the alleged obstacles are
declared false, he who, taking thleml as a basis, instituted inl his nlame
the opposition to the marriage, shall be bound to make indemnity for
damages and injuries.
ART. 100. Thle marriage shall be celebrated by the contracting
parties appearing before the municipal judge, or onle of them and the
person-to whom the absentee may have granted a special power to rep-
resent him or her, accompanied by two witnesses of age and without
Immediately thereafter the municipal judge, after reading articles56
and 57 of this code, sliall ask each one of thle contracting parties if they
persist in their decision to celebrate thle marriage, and if he shall actu-
ally perform it; and if both rep~ly affirmatively he shall draft the cer-
tificate of marriage with all the cir~cumstances necessary to show that
the requiremlents prescribed in this section have been complied with.
The certificate shall be signed by the judge, by the contracting parties,
by the witnesses, and by the clerk of the court.
Consuls and vice-consuls shall exercise the duties of municipal judges
in marriages of Spaniards celebrated abroad.
SECTION THIRD.-A')222ll ment of marrinff6.
ARt~l. 101. The following marriages are void:
1. Those celebrated between thle p~ersonls referred to in articles 83
and S4, except in cases of dispensation.
2. Those contracted by error as to the person,. or by compulsion or
intimidation, which avoids the consent.
3. Those contracted by the abductor with the abducted while she is
in his power.
4. Those which are not celebrated by a competent municipal judge,
or by the person who should act in his place, and without the presence
of the witnesses required by article 100.
BAR. 102. An action for the purpose of procuring the nullity of the
marriage must be instituted by the spouses, by the department of pub-
lic prosecution, or by any person whatsoever who may have any interest
Cases of abduction, error, force, or intimidation ar~e excepted, in
which cases only thle spouse who may have suffered therefrom mnay
institute it; and that of impotency, inl which thle action appertains to
either spouse and to the persons who mnay have anl interest in the
The action lapses and marriages are contitmed in the respective
cases if the spouses having lived together during six months after thle
error hlas disappeared or after the force or the cause of intimidation has
ceased, or if, after the abducted party having recovered liberty, he or
she should not have instituted a suit for nullity during said period.
ART. 103. The civil tribunals shall take cognizance of the suits for
annullments of marriages celebrated in conformity with the provisions
of this chapter, and aball adopt the measures indicated in article 68,
andl shall render final judgment.
ART. 104. Divorce only pr1odunces the suspension of the life in common
of the spouses.
ART. 105. The legitimate causes for divorce are:
1. Adultery on the, part of the wife in every case; and on thle p~art
of the husband when public scandal or disgrace of the wife results
2. Personal violence actually inflicted or grave insults.
3. Violence exercised by the husband toward the wife in order to
force her to change hier religion.
4. The proposal of the husband to prostitute his wife.
5. The attempts of the husband or wife to corrupt their sons or to
prostitute their daughters, and connivance in their corruption or
6. The condemnation of a spouse to perpetual chains or hard labor
(cadenac d reclusidnl perpetual .
ART. 106. The innocent spouse only canl petition for divo~rce.
ART. 107. The provisions of article 103 shall be applicable to suits
for divorce and to their interlocutory issues.
Paternity anbd filiatizon.
ART. 108. Childrenl born after the one hundred and eighty days fol
lowing that of the celebration of marriage and before the three hundtr~ed
dlays following its dissolution or the separation of the spouses shall be
presumed legitimate children.
Against this presumption no other proof shall be admitted than thlat
of the physical impossibility of the husband to have had access to hris
wife during the first one hundred and twenty days of the three hun-
dred next preceding the birth of the child.
A~r. 109. A c~hildl shall be presumed to be legitimate, even though the
mother should have declared abgainlst its legitimacy or should have
been convicted of adultery.
ARLT. 110. The child born within the one hundred and eighty days
following the celebrattion of a marriage shlall be presumed to be legiti-
mate if any of the following circumstances exist:
1. If the husband knew, before the marriage, that his wif'e was
2. If he, being present, consented that inl the certificate of birth hris
name be givenl the child borne by hi~s wife.
3. If he has expressly or impliedly acknowledged the child as his ownl.
BAR. 111. The husband or his heirs can disavow the legitimacy of aI
child born after the expiration of three hundred days fr~om the dissolu-
tion of the marriage or the aIctual legal separation oft thle spouses, but
both the child and thle mother shall also have aL right to prove in such
cases the paternity of the husband.
ART. 112. The heirs can contest the legitimacy of the child in the
following cases only:
1. If the husband died before the expiration of the term fixed for
instituting his judicial action.
2. If he dies after brinlging the suit without having withdrawn it.
3. If the child was born after thle death of the husband~.
ART. 313. The action to imapugn the legitimacy of' thle child must be
instituted within thle two months following the record of the birth inl
the registry, should the husband be in the same place, or, in a pr~oper
case, anly of his heirs.
When they are absent, the pei'iod shall be three months if they reside
in Spain, and six if outside of Spain. Whlen thle birth of the child ha~s
been concealed, thle period shall commlence to be counted from the date
of the discovery of the fraud.
ART. 114. Legitimate children have thle rigPht--
1. To bear thle surnames of thle father anld of thle mother.
2. To r~ec~eive support froml thle same, from their ascenldants, andt, in
certain cases, from thleir brothers, in accordance with article 1-13.
3. To the legal portion (legit~ima) and other successional rights granted
them by this code.
Proofs of' the filiation~ of' legitimlate chi1ldren1.
ART. 115. The filiationl of le~gitimal~te children is provenl by the record
of the birth, entered inl the -civil registry, or by an authentic instru-
ment, or a final judgment inl the cases referred to inl articles 110 to 113
of thle preceding cha~pter.
Anr. 116. In1 thle absence of thle documlents moeutioned in the preced-
ing article, filiationl sha~ll b~e pr'oven byr the uninlterrupnlted enjoyment of
the status of a legitimabte! childl.
ART. 117. In1 thle absence of thle record of birth, anthlentic document,
final sentence, or en~joymlent of' staLtus, legitimate filialtionl may be proven
by anly means, p~rovided there is a foundattion of proof in writing com-
ing from both parents, either jointly or severally.
ART. 118. Thle actionl to claim its legitimacy mayS be brought by the
child at any time of its life and shall be transmitted to its hleirs, should
it die during minority or in a. state of insanity. 1In such cases the
hleirs shall be alotlowed p~eriodi of five years in whlichl to institute the
Thle action aIlready inlstiturted by thle childl is tranlsmlittedl by its dleathl
to the heirs, if it; has niot lapsdct befor~c theni.
ART. 119. Only natural childllren can be legitimized.
Natural children are those bornl out of wedlock of liarents who, at
the time of the conception of the child, could have married wvithl or
ART. 120. Legitimaetion sha~ll take, place--
1. By thle sub~sequent mlarriagei~ of thle parents.
2. By royal concession.
ART. 121. Chlildlren shall onlly be considoered s legitimized by a sutb-
sequent marriage when they have been ackrnowledged by the parents
before or after the celebration thereof.
ART. 122. Those legitimizedi by a subsequent marriage shall enjoy
the same rights as legitimate children.
ART. 123. Legitimuation shall produce its effects inl anly case fromt thle
date of the marriage.
ART. 124. The legritimnation of the chlildren~ who dliedl before the c~ele
bration of the marriage shll:1 benefit their descendants.
ART. 125. For the legitimation by royal concession the following
requisites are necessary:
1. That legitimation by subsequent marriage is not possible.
2. That it be aIskedl by the parents or by oner of them.
3. That the father or mother requesting it has no legitimate children,
nor children legitimized by subsequent marriage, nor descendants of thle
4. That if the person requesting it is married, he or she obtains the
consent of the other spouse.
ART. 126. Legitimation by royal concession may also be obtained by
the child whose deceased father or mother has expressed in his or her
will or in a public instrument a wish to legitimize it, provided the con-
dition established in No. 3 of the preceding article is complied with.
BAR. 127. Legitimation by royal concession entitles the legitimized
1. To bear the surname of the father or mother who requested it.
2. To receive support from thle same in the manner mentioned in
3. To the hereditary portion established inl this code.
ART. 128. The legitimation may be impugned by those who cons~iderI
their rights injured when it is granted to persons not having the leg~ll
status of natural children, or when the requirements mentioned in thris
chapter do not exist.
SECTION F~IaRT.-Ackznozoledgment of rnaturalb children.
ART. 129. A natural child may be acknowledg~ed by the father andi
mother jointly or by only one of them.
ART. 130. In case the acknowledgment is mlade by one of the par-
e~nts only, it shall be presumed that the child is a natural one if the
person acknowledging it had at the time of the conception legal
capacity to contract marriage.
ART. 131. The acknowledgement of a natural child shall be made in
the record of birth, by will, or by any other public instrument.
BAR. 132. When the father or mother shall make thle acknowledg-
ment separately, he or she shall not reveal the nlame of thle person by
whom the child was had, nor state any circumstance by which it mayR
Public officials shall not authenticate any inlstrument violating this
provision. If, nlotwithstandlingf this prohibition, they should do so,
they shall incur a fine of 125 to 500 pesetas, and, besides, the words
containing such revelation shall be stricken out officially.
ART. 133. A child of age can not be acknowledged without its con-
When the acknowledgment of' the! minlor is niot made in the record of
birth or in a will, judilcial approvall, with aI hearing of the D~epartment
of Public Prosecution, shall be, required.
The minor may, in any case, contest the: ackinowled~gment within the
four years following his or her majority.
ART. 134. An acknowledged natural child has a right:
1. To bear the surname of the person acknowledging it.
2. To receive support from the same, in accordance with article 143.
3. To receive, in a proper case, the hereditary portion fixed in this
ARTI. 133. Thle father is obliged to acknowledge the natural child in
the following cases:
1. When an indisputable paper written by him, expressly acknowl-
edging his paternity, is in existenlce.
2. When the child is in unlinterrupted enjoymrent of thle status of a
natural child of the defendant father, ~justified by direct acts of the
said father or of his fa~mily.
In cases of violationl, ravishment, or rape, the prlovisions of the penal
code shall be observed with regard to the acknowledgment of the issue.
ART. 136. The mother is obliged to recognize thle natural child:
1. When the child is, with regard to the mother, included in any of
the cases stated in the preceding article.
2. When the fact of the birth and the identity of the child are duly
ART. 137. The actions for the aIcknowledg~ment of natural children
can be instituted only during the life of th~e pr~esumed parents, except
in the following cases:
1. .If thle father or mother died during the minority of the child, in
which case the latter mlay institute the action before the expiration of
the first four years of its majority.
2. If, after the death of the father or mother, some instrument,
before unknown, should be discovered in which the child is expressly
In this case the action must be instituted within the six months
following the discovery of such instrument.
ART. 138. The acknowledgment of a child which does not have thle
condition of the second paragraph of article 110, or in which the pre-
scriptions of this section have not been complied with, may be con-
tested by those it injures.
SECTION SECOND.--Othler illegitimate children.
Anr. 139. Illegitimate children not in the enjoyment of the legal
status of natural children shall only have the right to claim support
from their parents in accordance with article 143.
BAR. 140. The right to support, referred to in the preceding aIrticle,
can only be claimed--
1. If the paternity or maternity is inferred from a final judgment
rendered in a criminal or civil action.
2". If the paternity or malternlity is shown in an indisputable docu-
mnent, froml the falther of' mother, in which the filiation is exp~ressly
3. With regard to the mother, if the fact of the birth andc tihe idlentity
of the child are fully proven.
ART. 141. WCithl the exception of the cases mentionled inl Nos. 1 andt
2 of the preceding article, no judlicial complaint shall be admitted, thet
purpose of which may be to investigate either directly or indirectly thle
paternity of illegitimate children whoe hIave not the legal status of
Th~e Suppo~3 rt of relatlions8.
AnrT. 142. By support is understood all tha;t is requisite for mainlte-
nance, r~esidlence, clothinlg, and medical assistance, according to thle
social standing of the family.
Support includes also the education aLnd instruction~ of the party
receiving it when hie or she is al minor.
ART. 143. The following areo obliged to mutually support each others
to the full extent fixed in the preceding article:
1. The spouses.
2. Legitimate ascenldants and descendants.
3. Parents and children leg~itimized by royal conlcessionr and thle legiti-
mate descendants of the latter.
4. Parents and acknlowledlgedl naturald cildrenr, and the leSitimnate
descendants of the latter.
Parents and illegitimate, chlildrenl not havL\ingf thelgl~' OL staltulS of
natural children, owe each other, by w~ay of' support, all thre hlelp, nec-
essary for their subsistence. P'arenlts, besides, are bolund to beabr the
expenses of thle elementary instruction of the children as well as thle
teaching of a profession, art, or trade.
Brothers and sisters.also owe to legitimate brothers and sisters, even
whlen only on the mother's or father's side, the necessary assistance for
living, whenl by a physical or moral defect or for any other reason not
chargeable to the r~ecip~ient, the latter should not be able to support
himself or herself. In1 this assistance is inlcludedi, in a proper case, the
necessary expenses to defray the costs of the elementary instructions
and for the teaching of a profession, art, or trade.
ART. 144. The demand for sulpporte, whenl proper, anld whenl two or
more are obliged to give it, shall1~ be ade inl the following order:
1. Of the spouse.
2. Of the descendants in thle nearest degree.
3. Of the ascendants also in the nearest degr~ee.
4. Of the brothers.
Between descendants and ascendents the giralduationl shall be r~e~n-
lated by the order in which they aIre called to the legitimate successionl
of the person entitled to supp~ort.
ART. 145. Whenever the obligation to support is charged on two or
more persons, the payment of the pension shall be divided among them
at a rate in proportion to their respective means.
However, in case of urgent necessity and in special circumstances
the judge may force only one of them to pay it temporarily, without
prejudice to his right to claim from the other parties obligated the por-
tion that is due from them.
When two or more persons entitled thereto claim support at the same
timle, from the same person legally bound to give it, and such person
has not sufficient means to pay for all, the order established in the p~re-
ceding article shall be observed, unless the persons claiming the sup-
port are the spouse and a child subject to the parental authority, in
which case, the latter shall be preferred to the former.
ART. 146. The amount of support, in the cases mentioned in the four
numbers of article l43, shall be in proportion to the capital or means of
t~he persons giving it and to the requirements of the recipient.
ART. 147. Support, in the cases to which the precedling article refers
shall be reduced or increased proportionately according to the increase
or reduction of the necessities of the recipient and the means of the
person obliged to give it.
ART. 148. The obligation to give support may be enforced from the
moment the person having a right to claim it requires it for his or her
maintenance, but it shall be paid only from thle date of the claim.
Payment shall be made monthly in advance, and when the recipient
dies, his or her heirs shall not be obliged to refund what the latter
mayS have received in advance.
AR~T. 140. The person obliged to give support may, at his option, do
so either by paying the pension that may be fixed, or by receiving and
supporting in his or her own home the person having a right thereto.
Anr. 150. The obligation to support ceases with the death of the per-
son obliged to give it, even if paying it in compliance with a, fnal judg-
ART. 151. The right to support can not be renounced or transferred
to a third party. Neither can it be set off against what the recipient
owes to the party obliged to give it.
But pensions for support in arrears may be set off and renounced,
anld the right to claim them may be transferred for a good or valuable
ART. 152. The obligation to give support shall cease:
1. By the death of the recipient.
3. If the means of the person obliged to pay it are reduced to such a
point that he or she can not pay it without neglecting his or her own
requirements and those of his or her family.
3. If the recipient is able to work at a trade, profession, or industry,
or hlas obtained employment or improved his or her fortune in such a
manner that the pension for support is not required for his or her
4. If the recipient, be he or be he not an heir by force of law, com-
mits anly offense which gives rise to disinheritance.
5. When the recipient is a descendant of the person obliged to give
support, and the necessity of the former arises from bad conduct or
from want of applicatioli to work, while such reason exists.
ART. 153. The foregoing provisions are applicable to the other cases
in which, by this code, by will, or by agreement, a right to support
may arise, excepting what is stipulated, ordered by the testator, or
provided by law for the special case in question.
T he par~entl aurthor~ity.
ARt'. 154. The father, and, in his absence, the mother, has authority
over their legitimate children, not emancipated, and the children alre
bound to obey them while they remain under their authority and
always to show theml respect and reverence.
Acknowledged natural children and adopted minors are under the
authority of the father or of thle mother who acknowledges or adop~ts
them, and must also comply with the obligations referred to in the pre
Effects of par~ental athzllor~ity wcith royard8 to the persons o~f the ch~ildrlen,.
eAR. 155. The father, anld, in hris aIbsecerc, thle mother, has, with
regard to their children nlot emancipasted--
1. The duty of supporting them, to keep them in their company,
educate and instruct them in proportion to their means, and represent
them in the exercise of all tc~tions that may redound to their benefit.
2. Thle right to correct and.punish! them moderately.
Anr. 156. The father, and, in a proper case, the mother, may request
the assistance of the administrative authorities, whichl must be given to
them inl support of their own~ authority over their children, nrot eman-
cipated, either within the domestic hearth or for the detention and
even for the retentionl of th~e samie inl educational institutions or in insti-
tutions legally authorized to receive them.
They can also demand thle intervention of the municipal judge for
the purpose of imposing on their children. up to one month's detention
in a correctional institution, devoted to that purpose, the order of the
father or mother with the countersignature of the judge being sulti-
cient for enforcing such detention.
The provisions of the two precedinlg paragraphs include children,
either legitimate, legitimized, acknowledged, natural, or adopted.
ART. 157i. When the father or mother has contracted a second mar-
riage and the child should be born of a prior marriage, they must state
to the judge the reasons for their decision to punish him or her, and the,
judge shall hear the child in person a~nd decree or refuse to order the
detention without appeal. The same thing shall be observedl when the
child, not emancipated, holds any position or works at any trade, even
when tbe parents have not contracted a second marriage.
BAR. 158. The father, and in a proper case the mother, shall pay for
the support of the detained child; but they canl not interfere in the
management of the institutions where it is detained, being only per-
mitted to have it released when they deem proper.
Efcat of parenttal acuthority wcith r.egrdc.)i to the property of the children~.
A~rT. 159. Thle father, or, in hris absence, thle mother, is the legal
administrator of the prroperrty of the children whoe are under their
ART. 100. The ownership of property which a child not emancipated
may have acquired, or acquires by its work or industry or for any good
consideration, is vested in the chlild, and the usufiruct in the father or
mother who has him or hier under his or hier authority andc inl his or her
company; but if the child, withl the consent of thle parents, lives inde-
p~endently of them, he or shre shall be conlsiderred as emancipated for all
purposes with regard to salid property and shall own it and enjoy the
usufruct and administration thereof.
AlrT. 161. The ownership anld usufruct of what the child acquires
withl the capital of hris or her parents is vested in the latter; but should
the parents expressly assign to him or hier the whole or a part of the
profits which he or she may obtain, such profits shall not be chargeable
to the latter in the inheritance.
ART. 162. The ownership or usufruct of the property or income
donated or left by will to a child not emancipated, to cover the cost
of his or her education and instructionl, is vested in him or her; but
the father or the mother shall have the administration thereof if no
other proviso has been made in the gifts or bequnest, in which case the
will of the donors shall be strictly observed.
ART. 163. The parents have, with regard to the property of the chil-
dlren, the usufruct or administrattion of which belongs to theml, the obli-
gationls of every usufructuary or adlministrator and thle special obligations
established by section 3, title 5, of the mortgage law.
An inventory shall be made with the intervention of the department
of public prosecution of the property of the children in which the par-
ents have the administration only, and on thle recommendation of the
said department the judgee may dlecrlee the deposit in public securities
of the property belonging to the child.
ART. 164. The father, or the mother in a proper case, can not alienate
the real property of the child, the usufruct or administration of which
belongs to them, nor encumber the same, except for sufficient reasons of
utility or necessity, and after authorization from the judge of the domi.
cile, hearing the department of public prosecution, excepting the pro-
visions which, with regard to the effects of transfers, the mortgage law
ART. 165. Whenever, in any matter, the father or mother may have
an interest opposed to that of their children, not emancipated, a next
friend shall be appointed for the latter, to represent them in court or
The judge, on petition of the father or of the mother, of the said
minor, of the department of public prosecution, or of any other person
qualified to appear in court, shall appoint, as the next friend, the rela.
tive of the minor to whom the legitimate guardianship should belong
in such cases, and, in the absence of the latter, another relative or anyl
ART. 166. The parents who acknowledge or adopt children do nlot
acquire the usufruct of their property, nor shall they have the admin
istration of such property, unless they give bond for the results thereof
to the satisfaction of the judge of the domicile of the minor or of the
persons who must consent to the adoption.
Manner of termination of thLe parental aucthority.
ART. 167. Parental authority terminates--
1. By the death of the parents or of the child.
2. By emancipation.
3. By the adoption of the child.
ART. 168. The mother who contracts' a second marriage loses her
parental authority over her children, unless the deceased husband, the
father of the latter, should have in his will made express provision for
the remarriage of his widow, and had ordered that in such case she
was to preserve and exercise the parental authority over their childr~en.
ART. 169. The father, and, in a proper case, the mother, loses the
authority over their children--
1. When, by a final sentence in a criminal case, the said authority is
taken away as a penalty.
2. When, by a final judgment in a suit for divorce, it is thus deter-
mined during the time the effects thereof are in force.
ART. 170. The parental authority is suspended by the incapacity or
absence of the father or, in a proper case, of the mother, when judi-
cially decided, and also by civil interdiction.
ART. 171. The courts may deprive the parents of theparental author
ity or suspend the exercise thereof when they treat their children with
excessivre cruelty, or if they give theml corr~uptinlg orders, advice, or
examples. In1 these cases they can also deprive the parents, either
totally or partially, of the usufruct of the property of the child, or take
such steps as they may deem advisable for the interests of the latter.
Anr. 172. If the widowed mother who has remarried becomes again
a, widow, she shall recover from tha~t moment her authority over all the
children not emancuipated.
ART'. 173. Persons who are in the full enjioymelt, of their civil rights
anld have attainled 4;5 years of age can adopt. The adopter must be at
least fifteenl years older than the adopted.
ART. 174. Adoption is forbiddlen--
1. To the clergy.
2. To those having legitimate or legitimized descendants.
3. To the guardian with regar~d to hris ward, until his accounts have
been finallyi approved.
4. To a spouse without the consent of his conlsort. Spouses may
adopt .jointly, and, with thle exception of this case, nobody canl be
adopted by more than one person.
ART'. 175f. The adopted may use togrethler writh the surname of his or
hier family that of the adopter, this being stately in thle deed of adoption.
ART~. 176G. The aldopter andl the adopted owe each other mutual sup-
port. T'his obligations is understood without prejudice to the preferred
right of ac~knowledged2 natural children and of thre ascendants of the
adlopter to b~e supportedl by thle latter.
ART, 17i7. The adopter does not acquire aLny right whatsoever to
inherit froml thle adopted. Neither does the adoptedl acquire any r~ig~ht
to inherit from the adopter, except by w~ill, unless the adopter inl the
deed of adoption has bound himself or herself to make said child his
or her hleir. This obligation shall produce no effect when the adopted
dies before the adopter. The adopted retains all the rights belonging
to himi or her in hlis or her natural fhf~mily excepting' those relating to
the parental Authority.
ART. 178. Thle adloptionl shall be made with ~judicial authorization
and thle consent of the- adopted, if of age, must necessarily be given;
wvhen a minor, that of the persons who must give consent to his or her
marriage, and, when incapacitated, that of the guardianl. Thle D~epart-
ment of P'ublic Prosecution shall be heard onl thle matter; and the
judge, after thle proceedings he may consider necessary, shall approve
the adoption, if it is according to law, andt he believes it beneficial for
ART. 179!. After the adoption has beenl finally applroved by the judge,
an instrument sha~ll be drafted stating thereinl the conditions with
which it tooks place, anld it shall be entered in the proper civil registry.
ART. 180. The minor or the incapacitated person who has been
adopted mnay contest the adoption within the four years following hris
or her majority or the date on which his or her incapacity ceased to
Provisional measures in cases of a~bseence.
BAR. 181. When a person has disappeared from his domicile and hris
whereabouts is unknownl and without leaving any attorney to manage
his property, the judge, at the instance of a lawful person or at that of
the Department of Public Prosecution, may appoint some person to
represent him in all that may be necessary.
The same shall be done when, ~under similar circumstances, the pow-er
conferred by the absentee lapses.
ART. 182. After the appointment referred to inl the preceding chap-
ter has been made, the judge shall takre the necessary steps to secure
the rights and interests of the absentee, and shall determine the
powers, obligations, and remuneration of his representative, regulating
them, according to the circumstances, by thre provisions relating to
BAR. 183. The spouse who absents himself or herself shall be repr~e
sented by the one present, whenever they are not legally separated.
If the spouse is a minor, a gruardianl shall be appointed in the usulJ
In the absence of the spouse, thle absentee shall be represented by
the parents, children, or grandplarents, in the order established in
Declarations of absen~ce.
ART. 184. After two years have elapsed. without any news of the
absentee having been received, or from thle receipt of the last news, and
five years, in case the absentee has left a person in charge of the admin-
istration of his property, then the absence mnay be declared.
ART. 185. The declaration of absence may be demanded by-
1. The spouse who is present.
2. The heirs instituted inl a will, who present a copy of the samle,
which is prima facie proof.
3. The relatives who are to inherit ab intestato.
4. Those having: in the property of the absentee some right depend-
ing on the condition of his death.
ART. 186. The j judicial declaration of absence shall produce no e~tet
until six months after its publication in the oi'licial nlewspapers.
Administration of the property of' an absentee.
ART. 187. The administration of the property of the absentee is to be
given, according to the order established in article 220, to the persons
Anr. 188. .The wife of the absentee, if of age, may freely dispose of
the property of any kind whatsoever belonging to her, but sheik cain not
alienate, exchange, or mortgage the husband's private property, nor
that of the conjugal partnership, except with judicial authorization.
ART. 189. When the administration appertains to the children of the
absentee and they are minors, a guardian shall be appointed for them
who shall take charge of the property with the legal formallities.
Anr. 190. The administration shall cease inl any of the following
1. When the absentee appears, either in person or through an
S2. When the death of the absentee is proved and his testamentary
or intestate heirs appear.
3. When a third party applealrs proving. by proper instruments that
he has acquired the property of the absentee by purchase or in any
In such cases the administrator shall cease in thle discharge of his
duties and the property'algall be p~laced at the disposal of those having
a right thereto.
Presum~ption of the death of the absentee.
A~r. 191. After thirty years have elapsed from the date of the dis-
appearance of the absentee or since the last news was received of
him, or ninety years from his birth, the judge, at the instance of an
interested party, shall declare the presumption of his death.
ART. 192. Tle~judgment declaring the presumption of death of an
absentee shall not go into effect until after six months, counted from
its publication in the official newvspapers.
Anr. 193. After the judgmnent of thle presumption of death has been
declared final, succession to the estalte of' the absentee shall be opened
and its distribution shall be ad~judicatedl with the formllalities of testa-
mentary or intestate proceedings, as the case may be.
Anr. 194. Should the absentee appear, or, if without appearing, his
existence be proven, he shall recover his property in its condition at
thle time and the value of that conveyed, or that acqunired thereby; but
he can claim neither the p~rofits no~r the income.
Ef'~ects of arbsenlce ulpon the eventual rights of the absentee.
BAR. 105. The person claiming a right belonging to another person,
whose existence is not azcknowledged, is bound to prove that such other
person existed at the time his existence was necessary to acquire the
A~rT. 196. Without prejudice to thle provisions contained in the pre-
ceding article, when a succession hlas been opened in which an absentee
is interested, the share of the absentee shall accrue to his coheirs,
unless there is some person having rights of his own to claim it. Both
the former and the latter, in a proper case, must make an~ inventory of
said property with the intervention of the department of public
ART. 197. The provisions of the foregoing article are to be undler-
stood without prejudice to proceedings by petition of inheritance or
other rights of the absentee, and of his personal or legal representa-
tives. Such rights shall not be extinguished, except by the lapse of
time fixed for prescription. In theo record to be made in the registry
of the real property, which may accrue to the coheirs, there shall be
stated that it is subject to the provisions of this article.
ART. 198. Those who have taken possession of the estate shall become
owners of the income received in gool faithl. While the absentee does
not appear his rights shall nlot be cexercisedl by his personal or legal
ART. 199. The object of guardianship is'the custody of the person
* and property or only of the property of those who, not being under the
parental authority, are inlcapazble of taking care of themselves.
ART. 200. The following are subject to guardlianship:
1. Minors not legally emancipated.
2. Inlsane andi demented persons, even though they have lucid inlter-
vals, and the deaf and d~umb who do not know how to read. and~ write.
3. Those who have b~een declared prodigal by a final judgment.
4. Those who are suffering the penalty of civil interdiction.
ART. 201. Guardianship shall be exercised by a, single guardian
under the surveillance of a p~rotutor' and the family council.
ART. 202. The offices of guardian and protutor can not be renounced
unless for a lawfill cause duly provenl.
lA person manaigingr the bu~sinecss of a mlinlor, alltholngha not appointed as gulardian.
ART. 203. The municipal judges of the places in which persons sub-
ject to guardianship reside shall provide for their care and that of their
personal property until a guardian is appointed, when there is no other
person charged with these duties under the law.
Should they not do so they shall be liable for the damages suffered
by minors or by incapacitated persons by reason thereof.
Anr. 204. Guardianship is conferred--
1. By will.
2. By law.
3. By the family council.
ART. 205. The guardian shall not enter upon the discharge of his
duties until his appointment has been recorded inl the registry of guar-
ARnT. 200. The father may appoint a guardian and a protutor for his
minor children or f'or those of ago who are inlcapacoitatedl, be they legiti-
mate or acknowledged natural, or for any of his illegitimate children
whomn he is obliged to support, according to article 139.
The mother has the same privilege, but if she has contracted a second
marriage the appointment made by hier for the children of her first
mlarr'iage shall not be valid without the approval of the family council.
Inl anly calse it shallbe necessary thalt the person appointed guardian
or protutor be not sub~ject to thle authority of any other person.
ARlT. 207. A guardian may also be aplpointed for minors or incap~aci-
tated persons by thle person leaving thlem an inheritance or an impor-
tant legacy. The appointment, however, shall not be valid until the
family council hals decided to accept the inheritance or legacy.
ART. 208. The father as well as the mother may appoint a guardian
for eachl one of their children, and makie different appointments in order
that the appointees may substitute one another.
In case of doubt, there shall be understood that a single guardian has
been appointed for all the children, and the positions shall be conferred
upon the first of those named in the appointment.
ART. 209. If different persons should have ap~poinlted aI guardian.for
thle samle minor, the position shall devolve upon:
1. The one designated by the father or by the mother.
2. The one appointed by the stranger who has made the minor or
incapacitateed person his heir, if the amount of the' inheritance is
3. The one who has been designated b~y the person leaving an-impor-
If there is more than one guardlian in any of the cases of Nos. 2 and 3
of this article, thle family council shall declare which one is to be pre-
BAR. 210. WYhen a guardian is in the discharge of his duties and the
one appointed by the father appears, the guardianship shall immedi-
ately be transferred to the latter. If the guardian who appears is the
one appointed by a stranger, included in numbers 2 and 3 of the pre-
.ceding article, he shall limit himself to the administration of the prop-
erty of the person who appointed him until the incumbent guardian
SECTION FIIRST.-aUardianshipl o~f minors.
ART. 211. Legitimate guardianship of minors, not emancipated,
1. To the paternal grandfather.
2. To the maternal grandfather.
3. To the paternal and maternal grandmothers, in the same order,
while they remain widows.
4. To the eldest of the male brothers of full blood, and, in thle
absence of the latter, to the eldest of the brothers on the paternal or
The guardianship referred to in this article does not apply to illegiti-
ART. 212. Heads of foundling institutions are the guardianls of those
kept and educated therein. The representation in court of such ofli-
cials as guardians shall be assumed by the department of public p~ros-
Gfuardianship of the insanze anzd of the deaf andl dumnb.
AR;T. 213. No guardians shall be appointed for insane, demented, and
deaf and dumb persons of age without a previous declaration to the
effect that they are incapable of managing their property.
ART. 214. This declaration may be Asked for by the spouse and by
the relatives of the person presumed to be incapacitated who ma~y
have rights to succeed him inl case of intestacy.
ART. 215. The department of public prosecution must demand it:
1. When the person in question is a raving maniac.
2. When nlone of the persons mentioned in the preceding article exists,
or when they do not make use of the privilege granted them therein.
3. When the sp-ouse and the heirs of the person presumed to be inca-
pacitated are minors or lack the personality necessary in order to appear
ID all these cases the court shall appoint a next friend for the per-
son presumed to be ineap~acitatedl, whlo does not wish or can not; defend
himself. In all other cases the department of' public prosecution shall
8RT. 216. The courts, before declaring the incapacity, shall hear the
family council and shall personally examine the persons complained of
Aar. 217. The relatives who have requested the declaration of inea-
pacity can not give information to the court as members of the family
council; but they have a right to be heard by the latter when they
ART. 218. The declaration of incapacity shall be made summarily.'
The one which refers to the deaf and dumb shall fix the extent and
limits of the guardianship according to their degree of incapacity.
ART. 219. Against the dlecrees .terminating the proceedings for inca-
pacity the interested parties may institute an ordinary suit. The next
friend of the incapacitated person shall, however, req uire special author-
ization therefore from the family council.
ART. 220. The guardianship of the insane and of the deaf and dumb
1. To the spouse not legally separated.
2. To the father, and, in a proper case, to the mother.
3. To the children.
4. To the grandparents.
5. To the brothers and to the unmarried sisters, with due preference
to the double relationships stated in No. 4 of article 211.
If there are several children, brothers or sisters, the male shall be
preferred to the female, and the oldest to the youngest.
When there are both paternal and maternal grandparents, the male
shll al~lso be preferred; and in case they are of the same sex, those of
thle paternal line.
Guardiansh~i~p of prodiglals.
ART. 221. The declaration of prodigality must be made in a suit
in which both parties were giveir a hearing.
The judgment shall determine the acts which are forbiddenl to the
incapacitated person, the powers which the guardian is to exercise
in the name of the former, and the cases in which onle or the other is
bound to consult the family council.
ART. 222. The declaration, referred to in the preceding article, can
'be demanded only by the spouse and by the compulsory legal heirs of
~the prodigal, and in exceptional cases by the department of public
prosecutionl, either at its own instance or at that of some relative of thle
~former, when they are minors or incapacitated persons.
ART. 223. W~hen the defendant does not appear at the trial he shall
be represented by the department of public prosecution, and if the lat-
etr be a party thereto, by a next friend. appointed by the court, without
prejudice to the provisions of the law of civil procedure with regard
to proceedings in default.
ART. 224. The declaration of prodigality does not deprive the prodi-
gal of the marital and parental authority, nor does it give the guardian
any authority over the person of the prodigal.
BAR. 225T. The guardian shall administer the property of the children
whom a prodigal may have had from a previous marriage.
The wife shall administer her dow~ry and parapherna, the property of
the children in common, and that of the conjugal partnership. She
requires j judicial authorization to sell the same.
ART. 226. The acts of a prodigal, prior to the request for interdic-
tion, can not be contested on account of prodigality.
BAR. 227. The guardianship of the prodigal ap~pertains--
1. To the father, and, in a proper case, to tlhe mother.
2. To the paternal and maternal grandparents.
3. To the eldest of the emancipated male children.
Qunrdiainship of persons szlfering interdictionz.
ARTr. 228. WThen the judgment in which a penalty of interdiction is
imposed, is final, the department of public prosecution shall dlemland
that articles 203 and 293 be complied with. Should the representative
of said department not do so he shall be liable for the damages and
injuries caused thereby.
The spouse and the intestate heirs of him so interdicted may also
BAR. 229. This guardlilnship shall be limlitedl to the administration
of the property and to the representation in court of thle inlterdited
The guardian of the interdicted person shall be obliged, furthermore,
to care for the person and property of the minors or incapacitated per
sons who are under the authority of the person subject to interdiction1
until another guardian is provided for them.
The wife of the interdicted person shall exercise the paren tal anthorit~
over their common chlildrenl while the interdiction lasts.
If she is a minor she shall act under the direction of her father and]
in a proper case, that of her mother, and in~ the absence of both, that st
he udAR. f~230. The guarliansh~ip of those suffering interdiction is granted~
inl accordance with the order established in article 220.
Guardiacnship by appointment. ,
BAT. 231. Should there be neither testamentary guardians, norpe
sons called by law to the exercise of a vacant guardianship, it is the duty~
of the family council to elect the guardian in all the cases mentioned;
in article 200.
ART. 232. The municipal judge who neglects to call a meeting of the
family council in any case in which a guardian must be provided for
minors or incapacitated persons, shall be liable for the damage or injury
caused by his negligence.
ART. 233. The family council is entitled to ap~point a protutor whenl
he has not been appointed by those who have a right to elect a gruar-
dian for minors.
BAR. 234. The guardian canl not begin to exercise guardianship until
a protutor has been aIppointed. If hie fails to apply for this appioint-
ment, he shall be removed from the guardlianship and shlall be liable
for the damages suffered by the muinor. .
ART. 235. The appointment of a protutor shall not be givenl to a
relative of the same line as the guardian.
Anr. 230i. The p~rotutor shall--
1. Supervise the inventory of the property of the minor and the con-
stitution of the bond of the guardian, when prop-er.
2. Enforce the rights of the mlinor in and out of court whenever
they are opposed to the interests of the guardian.
3. Call the attention of the family council to thle mlanagemlent of the
guardian, whenever he may consider it prejudicial to the person or to
the inlterests of the minor.
4. Call a meeting of the family council for thle appointment of a nlew
guardian when the guardianlship is vacant or hras been abanldoned.
5. DischaLrge the other duties provided by law.
The protutor shall be liable for the damages :Idi injuries caused to
the minor by his omission or negligence inl complying with such duties.
The protutor may attend the deliberations of the family council and
tak~e part therein, but he has no right of vote.
Personts disquatlijfied to be gucrdians~ and proturtor~s and relovatl oft thle sam~e.
BATIclLE 237. The following canl not be g~uardiansu or p~rotutors:
1. Those subject to guardianship.
2. Those who have been punished for the crimes of robbery, theft,
fraud, forgery, corruption of minors, or public scandal.
3. Those condemned to any corporeal punishment, while they remnain
4. Those who have been legally removed from a prior guardianship.
5. Persons of bad conduct, or those having no visible means of sup-
6. Bankrupts and insolvents, not discharged.
7i. Women, with the exception of the cases in which they are expressly
designated by law.
S. Those who, at the time of taking charge of the guardianship, have
a lawsuit pending with the minor in regardl to his civil status.
0. Those in litigation with the minor inl regard to the ownership of
his property, unless the father and, in a proper case, the mother, being
aware thereof, have disposed otherwise.
10. Those owing the minor large sums, unless they have been ap-
p~ointed by the fatherr and, in a proper case, by the mother, with
knowledge of the debt.
11. The relatives mentioned in the second paragraph of article 293,
and the testamentary guardians who may not have fulfilled the obliga-
tion imposed upon them by said article.
12. Professed members of monastic orders.
13. Foreigners not residing in Spain.
ARLT. 2389. Thafollowing shall be removed from gua~rdianship:
1. Those who, after having qualified, are included in one of the cases
of incapacity mentioned in numbers 1, 2, 3, 4, 5, 6, 8, 12, and 13 of thle
2. Those who have assumed the administration of the guardianship
without calling the family council nor having asked for the appoinlt-
ment of a protutor, or without having given bond, in a proper case,
and nlot having recorded the mortgage security.
3. Those who have niot made the inventory within the period and in
the manner prescribed by law or have not made it faithfully.
4. Those who have not behaved properly in the discharge of the
ART. 239. The family council shall not declare the incapaccity of
guardians and protutors or order their removal without summoningi
acnd bearing then if they appear.
ART. 240. After the incapacity has been declared or the removal has
been ordered by the family council the decision shall be considered
final, and the vacant guardianship shall be filled iffbhe guardian does
not inistitute his claims before the court within th~e fifteen days follow-
ing that, on which the decision was communicated to him.
BAR. 241. When the guardian institutes a judicial suit the council
shall litigate it, at the expense of the minor; but the members thereof
moay be personally adjudged to pay the costs, if' they hiave acted with
AnT. 2 i2. Wh~len the decision of the family council is favorable to thle
guardian, andt has been unanimously adopted, no remedy whatsoever
shall be entertained against it.
ART. 243. If, by reason of incapacity, the guardian should not enter
ulpon thle discharge of his duties, the family council shall attend to the
duties of the guardianship until a final decision is adopted with regard
to the obstacle.
If the guardian has already entered upon the discharge of his duties,
a~nd ~the family council declares his incapacity or orders his removal, the
decisions it may adopt to provide for the duties of the guardiianship,
in case of litigation, shall not be carried out without previous judicial
Excuses for not accepting guardiansh7ip, and protactorshLip.
ART. 244. The following may excuse themselves from guardianship
1. The ministers of the Crown.
2. The presidents of the colegislative houses, of the council of state,
of the supreme? court, of the supreme council of war and navy, and of
the court of accounts of the Kingdom.
3. Archbishops and bishops.
4. Associate justices, .judges, and officials of the department of pub-
5. Those who exercise authority immediately depending on the Gov-
6. Military men in active service.
7. Clergymen in charge of parishes.
8. Those having under their authority five legitimate children.
9. Those who are so poor that they canl not attend to the guardian-
ship without impairing their livelihood.
10. Those who in consequence of continuous ill health or because of
inability to read bor write can not well fulfill thle duties of the charge.
11. Persons over sixty years of age.
12. Persons who are already guardians or protators of another
ART. 245. Those who are not relatives of the minor or incapacitated
person, are not obliged to accept the guardianship, if, within the terri-
tory of the court appointing the guardian, there are relatives within
the sixth degree who may discharge said duties.
ART. 24G. Thegperson excused, may, at the request; of the guardian
or protutor, be compelled to accept the guardianship as soon as the
cause, for the exemption has ceased to exist.
ART. 247. An excuse, which has not been given before the family
council at the meeting held for the purpose oP deciding upon the g~ua~r-
dianship, shall not be admitted.
If the guardian was~n not present at the meeting of the council, or
was not previously informed of his appointment, he must makle the
excuse within the ten days following the date on which he has been
ART. 248. If the causes of exemption should be subsequent to the
acceptance of the guardianship, the period for mazkin'g them shall
begin to be counted from the day on which the guardian may have
hlad krnowledge thereof.
ART. 240. The resolution by which the family council rejects an
excuse may be impugned before the courts within the period of fifteen
The resolution of the family council shall be enforced by the same
at the expenlse of the minor; but if it should be confirmed, the person
instituting the suit shall be adjudged to the payment of the costs.
ART. 250. During the pendency of the suit to be excused the person
instituting the same shall be obliged to exercise the guardianship.
Should be not do so, the family council shall appoint some person to
substitute him, arid the person substituted shall be liable for the mann
agement of the substitute in case the excuse is not accepted.
ARcT. 251. The testamentary guardian who excuses himself from the
guardianship shall lose whatever may have been voluntarily left him
by the person who appointed him.
Bonds of guardians.
BAR. 252. A guardian before assuming the guardianship shall give
bond as security for a faithful discharge of his duties.
ART. 253. The bond must be secured either by a mortgage or by a
A personal bond shall be accepted only when it is impossible to give
one of the above bonds. The security given by the bondsmen shall not
prevent the adoption of any decisions advisable for the preservation of
the property of the minor or incapacitated person.
ART. 254. The bond shall secure:
1. The value of the personal property which mnay come into the posses-
sion of the guardian.
2. The income or profits. which the property of the minor or incanpaci-
tated person may produce during one year.
3. The p~rofits which the minor may receive from any commercial or
industrial enterprise during one year.
ART. 255. The guardian may appeal to the courts from the resolu-
tions of the family council fixing the amount or qualifying the bond,
but he shall not take possession of his office without having given the
bond required of him.
ART. 256. Until the bond is executed the protutor shall discharge
the administrative functions which the family council may consider
indispensable for the safe-keeping of the property and the collection
of its proceeds.
ART. 257. The mortgage bond shall be recorded in the Registry of
Property. The pledge bond shall be constituted by the deposit of
securities or bonds in the public institutions authorized for this pur-
AIRT. 258. The record or deposit shall be demanded:
1. By the guardian.
2. By the protutor.
3. By any of the members of the family council.
Those nlot doing so shall be liable for the loss and damage by reason
ART. 259. The bond may be increased or reduced, during the exer-
cise of the g~uardlianship, according to the fluctuations su~ffered2 by the
capital of the minor or incapacitated person and by the securities of
which the bond is constituted.
The bond canl not be totally canceled until after the accounts of the
guardianship are approved and the guardian has extinguished all the
liabilities of his management.
Anr. 260. The following are exempted from giving bond for guar-
1. The father, the mother, anld the grandparents, in the cases in
which they are designated to the gruardiatnship of their descendants.
2. The testamentary guardian, released by the father, or by the mother
in a proper case, from this obligation. This exception shall cease when,
subsequently to his appointment, causes not considered by the testator
should arise which make the bond necessary, in the opinion of the
3. A guardian app~ointedl, without requiring bond, by a stranger who
may have made the minor or incapacitated person his heir or left him
an important legacy. In such case the exemption shall be limited to
the property or income of which the inheritance or legacy consists.
Exercise of thLe gunrdinanship.
ART. 261. The famlily council shall give possession to the guardians
ART. 262. Thle gulardianl represents thle minor or incapacitated2 person
in all civil acts, with thre exception of those which thre latter may execute
personally by express provision of law.
ART. 263. Minors and incapacitated persons subject to guardianship
owe respect anid obedience to the guardian. He may punish them in
ART. 264. The guardian is obliged--
1. To support and educate the minor or incapacitated person in
accordance with his condition and with strict subjection to the orders
of his or her parents, or, in the* absence of the latter, to those which
the family council may have adopted.
2. To endeavor, in any manner-wvhatsoever possible, with the means
of the insane, demented, or deaf and dumb to acquire or recover their
3. To makre an inventory of the property which the guardianship may
cover within the period fixed for this purpose by the family council.
4. To administer the estate of the minor or incapacitated person with
the diligence of a good father of a family.
5. To aski at the proper time the Authorization of the family council
for all that he canl not do without it.
6. To request the assistance of the protutor inl all the cases in which
the law requires it.
BAR. 265. The inventory shall be made with the assistance of the
protator and in the presence of two witnesses selected by the family
council. The latter shall decide, according to the importance of the
estate, if the inventory is, in addition, to be authorized by a notary.
ART. 266. The jewelry, valuable personal property, public securities,
and commercial and industrial securities, which, in the judgment of the
family council should not be in the possession of the guardian, shall be
deposited inl an institution established for this purpose.
The other personal property and chattels, if not appraised, shall be
appraised by experts appointed by the family council.
ART. 267. The guardian, who, having been summoned for this pur-
pose through a notary by the protator or by the witnesses, should not
enter in the inventory the credits he holds against the minor, shall be
understood as renouncing them.
BAR. 268. When the will of the person who appointed the guardian
should make no mention of the allowance for support of the minor
or incapacitated person, the family council, in view of the inventory,
shall decide the part of the income or profit which shall be inverted
This resolution may be modified in proportion to the increase or
decrease of the inheritance of the minor or incapacitated person or
.when the condition of the latter changes.
ART. 209. The guardian requires the authority of the family council:
1. To impose on the minor the punishments referred to in number 2
of article 155, and in article 156.
2. To give to the minor a particular profession or trade when this
has not been decided by the parrents, anld to modify thle provisions they
may have adopted.
3. To place the incapacitated person in a sanatorium, unless the
guardianship is exercised by the father, the mother, or by a son.
4. To continue the commerce or industry in which the incapacitated
person or his ascendants or those of the minor may have been engaged.
5. To alienate or encumber the property constituting the capital of
minors or incaipacitated persons, or to make contracts or execute instru-
ments subject to record.
G. To invest any money remaining each year, after meeting the obliga-
tiOns of the guardianship.
7. To proceed with the distribution of thle inheritance or of any other
thing which the minor or incapacitated person may possess in comuonl.
8. To withdraw from deposit any sum producing interest.
9. To loan and borrow money.
10. To accept without the benefit of inventory any inheritance or to
repudiate the latter or the gifts.
11. To incur extraordinary expenses in connection with the estates,
the administration of which is included in the guardianship.
12. To compromise and submit to arbitration the questions in which
the minor or incapacitated person mIay be interested.
13. To institute suits in the Ianame of persons subject to guardianship,
and to have recourse by appeal and cassation against the judgments
in which they may have been rendered.
Complaints and recoixrses in verbal suits are excepted.
ART. 270. The family council can not authorize the guardian to
alienate or encumber the property of the minor or incapacitated person
unless it be for reasons of necessity or utility, which the guardian shall
This authority shall be exercised in regard to specified things.
BAR. 271. The family council, before granting authorization to en-
cumber real property or constitute property rights in favor of third
persons, may previously hear the opinion of experts with regard to the
conditions of the encumbrance and possibilities of bettering it.
Ana. 272. If real property, rights subject to record, jewelry, or per-
sonal property the value of which is over 4,000 pesetas, is in question,
the alienation thereof shall be made at public auction with the inter-
vention of the guardian or protutor.
Securities quoted on exchange, p~ublio as well as commercial or indus-
trial, shall be sohi by an exchange agent or by a, commercial broker.
ART. 273. The guardian is liable for the legal interest on the edpiltal
of the minor, if by his omission or negligence it should remain unpro-
ductive or without investment.
ART. 274. The authorization to settle or compromise through arbi-
tration must be requested in writing, the guardian stating all the con-
ditions aInd advanltages of the transaction.
The family council maLy receive the report of one or more lawyers,
according to the imuportance of the matter, and shall grant or refuse
such authorization. In case of granting it, it shall be stated in the
AnR. 275. Guardians are forbidden--
1. To give or renounce things or rights belonging to the minor or
Gifts made by reason of marriage by minors, with the approval of
the persons who are to give their consent to the marriage, shall be valid,
provided they do not exceed the limits fixed by law.
2. To collect from the debtors of the minor or incapacitated person,
without the intervention of the protutor, amounts over 5,000 pesetas,
unless they consist of interests, profits, or income.
Payments muade without thlis requisite shall be valid with regardl to
the debtors, only when they prove that the amlounlt received was invested
for the benefit of the minor or incapacitated person.
3. To pay, without the intervention of the protutor, any sums due
4. To buy themselves, or through another person, the property of the
minor or incapacitated p~ersonl, unless they have been expressly author-
ized thereto by the family council.
ART. 276. The guardian is entitled to compensation from the prop-
erty of the minor or.incapacitated person--
When it has not been fixed by those who appointed the testamentary
guardian; or when the guardians are legitimate or appointed by the
court, the family council shall fix it, taking into consideration the
amount of the property and the labor entailed in its administration.
In no case shall the compensation be less than 4 per cent nor more
than 10 per cent of the net income or proceeds of the property.
The guardian may appeal to the courts from the decision fixing his
ART. 277. Should the family council maintain its decision, it shall lit-
igate at the expense of the minor or incapacitated person.
BAR. 278. The guardianship terminates--
1. When the minor attains the age of twenty-three years, by qualifi-
.cation as to age, and by adoption.
2. By the cessation of the causes giving rise thereto, when incapaci-
tated persons subject to interdiction or prodliga~ls are hin question.
Accounts of thre gluardiantshi~p.
ART. 279. Collateral relatives of the minor or incapacitated person,
and strangers who have not obtained the appointment of guardian,
with the assignment of proceeds for support, shall render to the family
council annual accounts of their administration.
These accounts, after being exam~ined by the protutor and audited by
the council, shall be deposited in thle office of thle clerks of thle court
where the guardianship has been registered.
If the guardian does not agree to the decision of the council, he may
apply to the courts inl which the interests of the minor or incapacitated
person shall be defended by the protutor.
ART. 280. The guardian, who may be replaced by another, shall, as
well as his heirs, be obliged to render a general account of his guardian-
ship to the one taking his place, which shall be examined and audited
in the manner prescribed in the preceding article. 'The nlew guardianl
shall be liable to the minor for any losses and damages, should be not
demand and examine the accounts of his predecessor.
ART. 281. When the guardianship terminates, the guardian or hlis
heirs are obliged to render an account of the administration to thle per-
son who> may have been subject thereto or to his personal or legal
ART. 282. The general accounts of the guardianship shall be audited
and passed upon by the family council within a, period not exceeding
ART. 283. The accounts shall be accompanied by the proper vouchers.
The only expenses which need not be proved are the minor ones for
which a diligent father of a family does not generally ask a receipt.
ART. 284. The expenses of rendering the accounts shall be borne by
the minor or incapacitated person.
ART. 285. The legal representatives of the minor, or the latter if of
age, can not enter into any agreement with the guardian relating to
thle administration of the guardianship pntil fifteen dlays have elapsed
since the accounts duly proven were rendered.
The family council, without prejudice to the agreements the interested
parties may come to after the expiration of this period, shall complain
to the courts of any wrong which may have been committed by the
guardian in thle exercise of the guardianship.
ART. 286. The balance appearing from the general accounts in favor
of or against the guardian shall earn legal interest.
InI the first case, from the time payment is requested of the minor,
after the delivery of his property.
In the second case, from the date of rendering thle accounts, if they
were rendered within the legal period, and, if nlot, from the expiration
ART. 287i. The actions, which may mutually be brought by the guar-
dian anid the minor by reason of the exercise of the guardianship, are
extinguished five years after the termination of the latter.
ART. 288. In the courts of first instance there sh~all be one or more
books inl which there shall be entered thle guardianships constituted
during the year within their respective territories.
ART. 289). These books shall be in charge of a judicial clerk, who
shall make the entries g~rnatitously.
ART. 290. The record of each guardianship shall contain--
i. The name, surname, age, and domicile of the minor or incapacitated
person, and the extent and limit of the guardianship when the inca-
pacity has been judicially declared.
2. The name, surname, profession, and domicile of the guardian, and
a statement as to whether he is a testamnentary or legitimate guardian
or was appointed by the court.
3. The date on which the guardianship, was conferredl, andt the day
on which the bond required of the guardia~n was given, stating, in! a
proper case, the kind of property in which it was constituted.
4. The allowance for support which may hlave been assigned the
minor or incapacitated person or the statement that proceeds for sup-
port have been allowedl.
ART. 2911. At the foot of each record there shall be entered at the
beginning of the judicial year whether the guardian has rendered an
account of his administration, in case he is obliged to do so.
ART. 20)2. The judges shall examine these registrie~s every year, and
sha;ll take the necessary steps inl eachl case to protect the interests of
the persons subject to guardisaship.
THIE FAMLILY' COUNCIL.
SECTION FIRST.--Alanne of cont58tifting the family cotencil.
BAR. 293. If the department of public prosecution or thermunicipal
judge should have knowledge that in the territory under their juris-
diction there exists any of the persons referred to in article 200, the
former shall request and the latter shall order, of his own motion, or at
the instance of the public prosecutor, according to the cases, the con-
stitution of a family council.
The following are obliged to advise the municipal judge of anly act
which gives rise to a guazrdignship, as soon as they have knowvledlge
thereof: the testa~mentary guardianI, thle relatives called to the legiti-
mate guardlianship, and those who, according to law, are members of
the council; being liable, should they not; do so, to indlemnify losses and
The municipal judge shall cite the persons who are to compose thle
family council, informing them of the purpose of the meeting, and the
day, hour, and place where it shall be held.
ART. 294. The family council shall be composed of the persons whomu
the father, or the mother, in a proper case, may haveo designated in thle
will, and, in the absence thereof, of the male ascenldants and descenld-
ants, and of the brothers and husbands of the living sisters of the
minor or incapacitated person, whatever their number may be. If it
is less than five, this number shall be madte up with the necarest male:l
relatives of both the paternal and maternal lines; and, should there nlot
be any or should they not be bound to form patrt of the council, the
municipal judge shall appoint in their place honest persons, preferring
the friends of the parents of the minor or incapacitated person.
Should there be no ascendants, descendants, brothers, or husbands of
living sisters, the municipal judge shall form the 9oun'cil with the five
nearest male relatives of the minor or incapacitatedl person, and, should
there not be the full number of relatives, or any, he shall subsItitute
them with honest persons, preferring always the friends of the parents.
ARsT. 295. In case of equal degree of relationship, preference shall
be given in forming the family council to the oldest relative.
ART. 296, The courts may remedy thle nullity which may arise by
reason of thle nlonobservance of the preceding articles, if not due to
fraud nlor injuring the person or property of the person subject to
guardianship, but correcting the error committee in the formation of
ART. 297. The relatives of the minor or incapacitated person desig-
nated by law, who do not reside within a radina of 30 kilometers of
the court having jurisdiction over the guardianship, shall not be forced
to form part of the council; but they shall be members of the council
if they voluntarily appear to accept the duty, for which purpose they
must be cited by the municipal judge.
BA~r. 298. The causes which excuse, disqualify, and give rise to the
removal of guardians and protutors are applicable to the members of
the family council. Neither canl the persons excluded in their wills
from this duty by the father or by the mother, in a proper case, be
ARTC. 299. The guardian and protutor can not be at the same time
members of the family council.
A~rT. 300. The meeting for the formation of the family council shall
be presided over by the municipal judge. The persons cited are
obliged to appear in person or through a special attorney, who canl
never represent more than one person. Should they not appear, the
judge may impose upon them at fine not to exceed 50 pesetas.
AitT. 301. After the family council has been constituted by the munic-
ipal judge it shall proceeds to prescribe all the measures necessary to
take care of the person and property of the minor or incapacitated per-
son and to constitute the guardianship.
Anr. 302. The family council for natural children shall be constituted
under the same rules as that for legitimate children, but appointing as
members thereof the relatives of the father or mother who may have
That of other illegitimate children sha~ll be composed of the public
prosecutor, who shall be the president, and four honest neighbors.
ART. 303. The administration of every charitable institution shall
have over the orphans in the same who are minors aill the powers cor-
responding to guardians and to the family council.
SECTION sECOND.-316thodo of procedzre by th6 fatnily council.
BAR. 304. The member elected by the other members shall be the
president of the council.
It is the duty of the president--
1. To call a meeting of the council whenever he considers it advis-
able, or at the request of the meliubers, of the guardian, or of the pro-
tutor, and to preside over its deliberations.
2. To draft and to give the reasons for the resolutions, recording thle
opinion of each member, requiring said members to authenticate the
minutes with their signatures.
3. To carry out the resolutions.
ARnT. 305. The family council shall not adopt resolutions on matters
submitted to them unless three members at least are present.
Resolutions shall always be adopted by a majority of votes.
The vote of the president shall decide in case of a tie.
ART. 306. The members of the family council are obliged to attend
the meetings of the same to which they maly have been called. Should
'they not attend, nor give any legitimate excuse, the president of the
council shalli fform the municipal judge thereof, who may impose on
them a fme not exceeding 50 pesetas.
Asr. 307. No member of the family council shall attend its meetings,
nor cast a vote, when a matter is in question in which he, his descend-
ants, ascendants, or spouse has any interest, but he may be heard if
the council deems it advisable.
BAR. 308. The guardian and the protutor are obliged to attend the
meetings of the family council whenever cited, but shall have no vote.
They may also attend if the council meets at their request.
The person subject to guardiansihip has a right to attend and, to be
heard, provided he is over 14 years of age.
BAR. 309. The family council shall takre cognizance of matters of
their competency, in accordance with the provisions of this code.
Asr. 310. The nie~mbers who may have dissented from the majority
in voting on any resolution, as well as the guardian or protutor, or any
relative of the minor or other person interested in the decision, with
the exception of the case of article 242, may appeal to the judge of
B RT. 311. At the conclusion of the guardianship, ad$ the consequent
dissolution of the family council, the latter shall deliver the minutesof
its sessions to the person who was subject to guardianship, or to t-he
person representing his rights.
ART. 312. The members of the family council are liable for the dam-
ages which the person subject to g~uardianship may suffer by reasons of
their malice or culpable negligence.
The members who may ha-fe dissented from the resolution causingr
the injury shall be exempted from this liability.
ART. 313. The family council shall be dissolved in the same 6itses in
which the guardianship is extinguished.
Emna~ncipation and majority.
ART. 314. Emancipation takes place:
1. By the marriage of the minor.
2. By majority.
3. By concession of the father or mother exercising the parental
BAR. 315. Marriage produces legal emancipation with the limitationsr
mentioned in article 59 and inl rule 3 of article 50.
ART. 316. The emancipation, treated of in the third paragraph of
article 314, shall be granted by a public instrument or by appearance
before the municipal judge, which shall be recorded in the civil regis-
try, aind in the meantime shall have no effect with. regard to third
BAR. 317. Emancipation qualifies the minor to control his person and
property, as if of age; but, until he attains his majority, the person
emancipated can not borrow money nor encumber or sell real property
without the consent of his or her father, and, in the absence of the
latter, that of the mother, and, in the absence of both, without that of
a guardian. Neither can he nor she appear in court without the
attendance of said persons.
BAR. 318. In order that the emancipation may take place by conces-
sion of the father or of the mother, it shall be necessary that the minor
be 18 years of age and consent thereto.
ART. 319. After the emancipation has been granted it can not be
ART. 320. Majdr~ity commences on attaining 23 years of age.
A person of age is qualified for all acts of civil life, with the exceptions
established by this code in special` cases.
BAR. 321. Notwithstanding the provisions of the foregoing article,
unmarried daughters of age, but under 25i years, can not leave the
parental home without permission of the father or mother in whose
company they live, unless to marry or when the father or mother have
contracted another marriage. ;C
ART. 322. The orphaned minor may obtain the benefit of majority by
concession of the family council with the approval of the presiding
judge of the territorial audiencia of the district, after hearing the pub-
BAT. 323. For the concession and approval mentioned in the pre-
ceding article it is necessary--
1. That the minor be over eighteen years of age.
2. That he or she consent to the qualification.
3. That; it is considered advantageous to the minor.
The qualification shall be recorded in the registry of guardianships
and in the civil registry.
BAR. 324. The provisions of article 317 shall be applicable to the
minor who has obtained the qualification of majority.
Begistry of cisil stactus.
ART. 325. Acts relating to the civil status of persons shall be recorded
in the registry devoted to~ that purpose.
ART. 326, 'I'he registry of civil status shall include the records or
entries of births, marriages, emancipations, acknowledgments and legilk
nations, deaths, naturalizations, and residences, and shall be in ~charge
of the municipal judges or other oilicials of the civil order in 8~pain, and
of consular or diplomatic agents in foreign countries.
ART. 327. The records in the registry shall be evidence of the civil
status, and any other evidence can be admitted only when such records
have never existed or the books of the registry should have disappeared
or when a litigation is instituted before the courts.
BAR. 328. It shaUl not be necessary that a newly born child be pre-
sented to the oilicial in charge of the registry for the record of birth,
the statement of the person obliged to make it being saiicient. This
statement shall include all the conditions required by law and shall
be signed by its author or by two witnesses, at his request, should he
not be able to do so.
ABRT. 329. In canonical marriages it shall be the obligation of the
contracting parties to furnish the official representing the State who
attends the ceremony all the data required for its reebrd in the civil
registry. Those referring to banns, impediments, and their disposition
are except~cd and not required to be entered in the registry.
A~rT. 330. Naturalizations shall have no legal effects whatsoever until
they are entered in the registry, whatever inay be the evidence proving
them and the date on which they have been granted.
Art. 331. Municipal judges and those of first instance, in a proper
-case, may punish the violations of the provisions relating to the civil
reg~istryi, when they do not constitute a crime or offense, with a Ano of
20 to 100 pesetas. g
Art. 332. The law of June 17, 1870, shall continue in force in so far
as not modified by the preceding articles.
PRtOPERTY, OWNERSHIP, AND ITS MIODIFICATIONS.
Ana. 333. All things which are or may be the subject of appropria-
tion are considered either as personal or real property.
BAR. 334. Real property consists of--
1. Landis, buildings, roads, and constructions of all kinds adherent
to the soil.
2. Trees and plants and ungathered prodnets while they are not sep-
arated from the land and form an integral part of the real property.
3. All that is attached to real property in a fixed manner, so that it
can not be separated~ therefrom without breaking the matter or injur-
ing the object.
4. Stakues, reliefs, paintings, or other useful or ornamental objects
placed in buildings or on lands by the owner of the real estate in such
a manner as to show the intention of attaching them permanently to
5. Machinery, vessels, instruments, or utensils, destined by the owner
of the estate to the industry or work he may carry on in a building or
estate and which are directly required to satisfy the necessities of the
6. Vivaries for animals, pigeon houses, beehives, fish ponds, or beds
for similar purposes, when the owner has placed or preserves thern for
the purpose of keeping the same attached to the estate and forming a
permanent part thereof.
7. Manure destined to the cultivation of an estate, when it is on the
ground in which it is to be employed.
8. Mined, qua~rries, and dumps, while attached to the soil, and running
or stagnant waters.
9. Docks and constructions, even though floating, the purpose and
conditions of which are to remain at a fixed place in a river, lake, or on
10. Administrative concessions for public works, alnd~easements, and
other property rights in real estate.
ARIT. 335. Personal property is considered anything ansceptible of
appropriation and not included in the foregoing chapter, and, in gen-
eral, all that which can be carried from one place to azi~other without
damage to the real estate to which it may be attached.
aAR. 336. Incomes or pensions, either for life or hereditary, in favor
of a, person or family, provided they do not encumber real estate with a
property lien, as well as alienated oflices, contracts for public services,
and mortgage loan bonds or certificates are also personal property.
ARtT. 337. Personal property is either consumable ( fungibles) or non-
TIo the first class belongs that which can not be made use of, by res
son of its nature, without consuming it; all other personal property
belongs to the second class.
Property woith regard to ownlership.
BAR. 338. Property is of public or private ownership.
'arT. 339. Property of public ownership is-
1. That destined to the public use, such as roads, canals, rivers, tor
renlts, ports, and bridges constructed by the State, and banks, shores,
roadsteads, and that of a similar character. -o bi f plo
2. That belonging exclusively to the St64 tou eigfo ubi
use and which is destined ip. some public selvpice, or to the development
of the national wealth, sire~h as walls, fortresses, aind other works for
the defense of the territory, and mines, until their concession has been
BAR. 340, All other property belonging to the State which has not
the conditions stated in the preceding article is considered as private
aAR. 341l. Property of public ownership, when no longer devoted to
general uses or to the requirements of the defense of the territory, shall
become at part of the State property.
aAR. 34i2. Property of the royal patrimony is governed by its special
law, and in what is not provided for therein by the general provisions
establishlid by ths code regarding private property.
BAR. 343. The property of provinces and of towns is divided into
property for public use and patr;imonialspr~operty.
Atr. 3~44.Property for public use in provinces and in towns colo-
prises the provincial and town roads, the squares, streets, fountains,
and public waters, the promenades, and public works of general service
supported by the said towns or provinces.
AH other property possessed by either is patrimonial, and shall be
governed by the provisions of this code, unless otherwise prescribed in
4 AaR. 345. Besides the patrimonial property of the State, of provinces,
and of municipalities, -that belonging to, private parties, individually
or collectively, is property of private ownership.
PROVIBIONS COMMON TO THIR THREE PRBORDING CHAPTERS.
Anar. 346;"Whenever by provision of law or by an individual declatra-
tion the expression real property or personal property is used, there shall
be understood as included in the same, respectively, that enumerated
in chapter first and in chapter second.
Whenever the word furniture (mucebles) alone is used there shall
not be understood as included therein money, credits, commercial
securities, bonds, jewels, scientific or artistic collections, books, medals,
arms, clothing, horses or carriages and their accessories, grain, liquids
(caldos), and merchandise or other things, the principal use of which is
not to furnish or ornament residences, with the exception of the' case in
which, by the context of the law ~or of the individual provision, the
contrary clearly appears.
ART. 347. Whenever, in a sale, legacy, or gift or any other provision
in which reference is'made to personal or real property, its possession
or ownership ifs transferred with everything it may include, there shall
not be understood as comprised in the transfer money, bonds, credits,
and actions, the titles to which are contained in the thing tratnsferred,
unless the intention of including such seenrities and rights in the
transfer is obvious.
Own~ership in general.
ARTr. 348. Ownership is the right to enjoy and dispose of 4t thing,
without further limitations than those established by law.
'I'he owner has a right of action against the~holder and the possessor
of the thing to recover the same.
Anr. 349. 19o one shall be deprived of his property, except by com-
petent authority and with sufficient cause of public utility, always after
the proper indemnity.
If this requisite has not been fulfilled the judges shall protect, and in
a proper case, replace the condemned party in possession.:
ART. 350. The owner of land is the owner of its 'surface and of what
is under it, and he may establish thereon the works, plantations, and
excavations which he may desire, reserving the easements, and subject
to the provisions of the mining and water laws and of the police regn-
ART. 351. Hidden tredsaure belongs to the owner of the land on which
it is found.
However, when the discovery is made on property belonging to
another or to the State, and 'by chance, one-half thereof shall be
awarded the finder.
If the goods discovered are of interest to the sciences or arts, the
State may acquire them at their julst value, which shall be divided as
ART. 352. By "treasure" is understood, for legal purposes, hidden
.or unknown deposits of money, jewelry, or other precious objects, the
legal ownership of which does not appear.
RighLt of accessionz.
ART. 353. Ownership of property gives a right by accession to all
that is produed thereby or which is united to or incorporated therein
naturally or artiicially.
SECTION PIRST.--Righjt of accessionz wIith1 regard to the prodzcdiont of
ART. 354. The following belong to the owner:
1. Natural fruits.
2. Industrial fruits.
3. Givil fruits.
ART. 355. Natural fruits are the Rpontedthus products of the soil,
and the brood and all other produce of animals.
Industrial fruits tare those produced by land of any kind by reason of
cultivation or labor.
Givil fruits are rents of buildings, proceeds from leases of lands, and
the amount of perpetual life, or other similar incomes.
ART. 356. The receiver of fruits is obliged to pay the expenses
incurred by a third pirty in their production, gathering, and preser-
ART. 357. Pruits which are in sight or appearing are considered
natural or indunstrial.
With regard to animals, it is suffloient ifl they are in the womb of the
mother, though unborn.
L3EcTION sECOND.-igh~tst of accession 2oith regard to real property.
ART. 358. Whatever is constructed, planted, or sown on another's
property, and the improvements or repairs made thereon, belongs to
Sthe owner of the same, subject to the provisions contained in the fol-
ART. 359. All works, sown grounds, and plantings are presumed to
be made by the owner and at his expense, unless the contrary is proven.
ART. 360. The owner of the soil who shall make thereon, in person
or through another, plantings, constructions, or works, with material
belonging to another person, is obliged to pay their value; aind should
he have acted in bad faith he shall, furthermore, be obliged to indem-
nify for loss and damage. The owner of the material shall have- a,
right to renfd6ve it only in case he can do so without injury to the work
constructed or without destroying the plantings, constructions, and
ART. 361. The owner of the land on which building, sowing, or
planting is done in good faith shall have a right to appropriate as his
own thle work, sowing, or planting after the indemnity mentioned in
Arts. 453 and 454, or, to oblige the person who has built or planted, to
pay to him the value of the land aInd to force the person who sowed to
pay the proper rent.
ART. 362. He who builds, plants, or sows in bad faith on another's
land loses what hie has built, planted, or sown, without right to
ART. 363. The owner of the land on which anyone has built, planted,
or sown in bad faith may demand the demolition of the work or the
removal of the planting or sowing and the restoring of everything to
its original condition at the expense of the person who built, planted,
ART. 364. When there has beenI bad faith, not only on the part of
the person who built, sowed, or planted on another's land, but also on
the part of the owner of the latter, thle rights of both shall be the
same as if they had acted' in good faith.
13ad faith on the part of the owner is understood whenever the act
has been executed in his presence with his knowledge and tolerance
and without objection.
ART. 365. If the material, plants, or seed belong to a third person,
who hlas not acted in bad faith, the owner of the land shall be liable
subsidiarily for their value, but only in case the person who used them
has no means to pay therefore.
This provision shall not be applicable if the owner makes use of the
rights granted him by Art. 363.
ART. 366. The accretions which banks of rivers may gradually i-eceive
from the effects of the cur~rents belong to the owners of the estates
ARTI. 367. The owners of estates bordering on ponds or lakes do not
acquire the land left dry by the natural decrease of waters, nor lose
those inundated in extraordinary hoods.
ART. 368. When the current of a river, creek, or torrent detaches
from an estate fronting thereon a known portion of land and transfers
it to' another estate, the owner of the estate to which the detached
part'belongs retains the ownershlip thereof.
ART. 369. Trees uprooted and carried away by currents of waters
belong to the owner of thle land upocn which they are carried, if the
former owners do nlot claim then within one month. If the latter
claim then, they mlust p~ay all1 the expenses caused by their collection
or security in a safe p~lace.
ART. 370. Thle beds of rivers which remain abandoned because the
course of the water has nlatur~ally chlangedi belong to the owners of thle
r~ipar'ianl ]lads throughout their respective lengths. If the abandltone~d
bed dlividedl estates belonging to dfiIferenlt owners, the new dividing line
shall runl at equal distance therefrom.
ART. 371. Islands which may for~m in the waters adjacent to the
coast of Spain anrd in nlaviganble rivers belong to the StaLte.
ART. 372. When inl aL navigable r~iver, which changes its course by
naturall causes,: a new bed is openled through ab private estate, this bed
sha:ll be of public ownlership. The owner of the estate shall recover it
if the watters leave it again dry naturally or through works legally
authorized for the: purpose.
ART. 373. Islands which, through successive deposits in layers of
descending alluviumus, form themselves in rivers belong to thle owners
of the banks or shores nearest to each of them, or to those of both
shores if the island is in the middle of the driver, beilg then divided
longitudinally in halves. If an island thus formed be farther from onle
bank thanl from thle other, the owner of the nearest banki shall be the
sole owner of thle same.
ART. 3741. Whlen thle current of a river runs into branches, leaving
an estate or par~1t thereof isolated~, the owner of the samue retains his
ownership. Hie also retails it if a portion of the Iland is detachedl by
SECTION THIRD.--R'ight of accessione wcith regard to personal property.
ART. 375. When two articles of personal property belonging to dif-
fer~ent persons are united in such manner as to form a single object,
without being attended by bad faith, the owner of the principal article
shall acquire the accessory one upon indemnifying its former owner for
ART. 370. W~hen two things are inlcorporttedl, the principaLl one shall
be considered that to which the other has been unitedl as an ornament
or for its use and perfection.
ART. 377. If it be not possible to determine by the preceding rule
which of the two incorporated aIrticles is the principal one, that of thet
greater value shall be considered as such; and between two articles of
equal value, that of the greater volume.
In paintings and sculpture, in writings, printed matter, prints,
engravings, and lithographs, the board, metal, stone, canvas, paper, or
the parchment shall be considered as accessories.
Aar. 378. When articles united canl be separated without injury,
their respective ow-ners may demand that they be separated.
However, when the article united for the use, embellishment, or
perfection of the other is mruchl more. precious than the principal one,
the owner of the former may demand its separation, even though the
article to which it is united mlay suffer thereby.
ART. 379. When the owner of the accessory thing has united it in
bad faith, he shall 1ose the article incorporated and shall be obliged to
indemnify the owner of the principal one for the damages he may have
When the person who acted in bad faith is the owner of the principal
thing, the owner of the accessory one shall have the right to choose
between being paid by the former for the value thereof or to have that
belonging to him separated, even though it be necessary for such pur-
pose to destroy the principal one, and furthermore, in either case he
shall be entitled to indemnity for loss and da~mage.
If any of the owners has made the incorporattion with thre knowledge
and tolerance and without objection from the other, their respective
rights shall be determined in the manner provided for such cases where
both acted in good faith.
ART. 380. Whenever the owner of the material used without his con-
sent is entitled to indemnity, he may demand ~that such indemnity conl-
sist in the delivery to him either of material equal'in quality and
value in all respects to that employed or the price thereof according to
an expert appraisement.
AnT. 381. If by the will of their owners, two things of identical or
different kinds are mixed, or if the mixture occurs accidentally, and if
in the latter case can not be separated without injury, each owner shall
acquire a right in proportion to the part belonging to him according to
the value of the things mixed or confounded.
ART. 382. If by the will of only one of the owners, but in good faith,
two things of identical or different kinds are mixed or confounded, the
rights of the owners shall be determined by the provisions contained
in the preceding article.
If the person making the mixture or confusion acted in bad faith, he
shall lose the thing belonging to him mixed or confounded, besides
being obliged to indemnify the owner of the thing with which he madle
the mixture for the losses caused thereby.
BAR. 383. The person who, in good faith', made uss wholly or par-
tially of material belonging to another party in making a work of a
nlew kindymay make the work hris own upon indemnifying the owner of
the material for the value thereof.
If the latter is more precious than the work in which it is used, or
more valuable, the owner thereof may at his option retain the new
thing by paying the price of the work or may claim indemnity for the
If in the making of the new work there was bad faith, the owner of
the material has a right to retain possession of the work without pay-
ing anything to the author, or to claim an indemnity for the value of the
material and the losses he may have suffered.
BurreY2szJ andd dlemacrcationzs.
ART. 384. Every owner has the right to fix the boundaries of his
property by notifying the owners of adjoining estates thereof.
Those having property rights enjoy the same privilege.
ART. 385. The iiurvey shall be made in accordance with the titles of
each owner, and, in the absence of sufficient title, from what may
appear from the possession held by the contiguous owners.
AET. 386. If the titles do not fix the boundary or area of each owner,
and the question can not be decided by the possession or by other
means of proof, the demarcation shall be made by dividing the land in
dispute in equal parts.
BAR. 387. If the titles of the contiguous owners show a larger or
smaller area than that comprised in the total of said land the excess
or lack shall be divided in proportion.
Bight of inclosing agricultural property.
ART. 388. Every owner may inclose or fence in his estates by means
of walls, ditches, growing or dead hedges, or in any other manner what-
soever without injury to the easements existing thereon.
Instable buildins anld trees about to fall.
ART. 389. If a building, wall, column or any other construction is in
danger of falling, the~owner shall be obliged to demolish it or to con-
struct such props as may be necessary to prevent its fall,
Should the owner of the-unstable work not do so, the authorities
may order it demolished at his expense.
BAR. 390. 'When a large tree threatens to fall in such a manner as to
cause damage to the estate of another or to travelers on a public or pri-
vate thoroughfare, the owner of the tree shall be obliged ~to uproot it
aend take it away, and should he not do so it shall be done at his
expense by order of the authorities.
ART. 391. In the cases of thre two foregoing articles, if the tree or
building falls, the provisions of articles 1907 and 1908 shall be observed.
Communlityl o.f property.
ART. 392. There is community of property when the ownership of a
thing or right belongs to different persons undividedly.
In the absence of contracts or of special provisions, ownership in
common shall be governed by the p~rovisionls of this title.
A~rT. 393. The share of the participants in the benefits, as well as in
the charges, shall be in proportion to their respective interests.
The interests belonging to the coowners shall be presumed equal
until the contrary is proven.
Ana. 394. Each coowner may-use the things owned in common, pro-
vided he uses them in accordance with their object and in such manner
as clot to injuore the interests of the community nor prevent the coowners
from utilizing them according to their rights.
BAR. 395. Every coowner shall have a right to oblige the participants
to contribute to the cost of keeping the thing or right held in common.
Only the party renouncing his share in the ownership can exempt
himself from this obligation.
BAR. 396. When the different stories of a house belong to different
owners, if the titles of ownership do not specify the manner in which
they must contribute to the necessary work, and there is no agreement
thereon, the following rules shall be observed:
1. The main and party walls, the roof, and other things used in com-
mon shall be in charge of all the coowners in proportion to the value of
2. Every owner shall pay the cost of maintaining the floor of his
story. The expenses connected with the floor of the porch, front door,
common yard, and hygienic works, common to all, shall be borne pro
rata by all the owners.
3. The stairs from the portal to thle first story shall be maintained
at the expense pro rata of all the owners, with the exception of the
owner of the ground floor; the stairs leading from the first to the see-
oud story shall be maintained at the expense of all, excepting the own-
ers of the ground floor and first story, and so on successively.
BAR. 397. Ifone of the joint owners shall, without the consent of the
others, make any change in the common property, even though they
should be attended with advantageous results for all.
ART. 398. The decision of a majority of the coowners as to the man-
agement and better enjoyment of the thing owned in common shall be
There shall be no majority, unless the resolution has been adopted by
the coowners representing a majority of the interests which constitute
the object of the community.
Should there be no majority, or the resolution of the latter is seriously
pre~judlicial to the parties interested in the thing owned in common, the
judge, at the instance of a party, shall decree what may be proper,
including the appointment of an adlittiistrator.
When a part of the thing privately belongs to one or more of the part
owners and the other part is owned in common, the foregoing provision
shall be applicable to the latter only. '
ARBT. 399. Every coowner shall have full ownership of his part and in
the fruits and benefits derived therefrom, and he therefore may alienate,
assign, or mortgage it, and even substitute another person in its enjoy-
10ent, unless personal rights are in question. But the effect of the
'alienation or mortgage, with regard to the coowners, shall be limited to
the share which may be awarded him in the division on the dissolution
of the community.
E'BT. 400. No coowner shall be obliged to remain a party to the com-
fonhity. Each of them may ask at any time the division of the thing
owned in common.
NEevertheless an agreement to keep the thing undivided for a speci-
fieg3erigth of time, not exceeding ten years, shall be valid. This period
''may~e extnded by a new agreement.
Asr. 401. Notwithstanding the provisions contained in the preceding
article, the coowners can not demand a division of the thing owned in
common to be made when by so doing they may render it unserviceable
for the use to which it was destined?.
ArT. 402, The division of a, thing owned in commoli may be made byr
the parties-~n interest or by arbitrators or friendly compromisers,
appointed at the willef the coowners.
In case the div~ision is made by arbitrators or compromisers, they
shall divide it into parts in proportion to the rights of each coowner,
avoiding payments of balances in cash in so far as possible.
BAR. 403. The creditors or assignees of the co-owners may concur in
the division of the thing owned in common, and-object to any division
made without their concurrence. But they can not oppose a division
already made, except in lt of fraud or when it has been made, despite
the formal protestinade to;prevent it, and reserving always the rights
of the debtor or afasignee to-maintain its validity.-
AliT.A$.~b If the thing is esserifielly undividable and the co-owners
should arbt Ag~ee that it be awarded to one of them who shall indemnify
the others, it shall be sold and the proceeds distributed.
BAR. 405. The divisiojis of property held in common shall not preju-
dice a third person, who shal retain the rights of mortgage, easements,
or any other property rights which may have belonged -to' him before
the division wals~tnade. The personal ri hts of a third person against
the community shall also remain in force, notwithstanding the division.
8ART. 406. The rules relating to the division of an estate shall be
applicable to the divisions amorig the co-owners.
~Some special prope-rties.
SECTION PIEST,--Ownershipl of waters.
ARGT. 407. The following are of public ownership:
1. Rivers and their natural beds.
2. Continuous oikintermittent waters from spriings or brooks running
in theirunatural beds and/the said beds.
3. Waters rising continuously or intermittently in lands of said pub-
4. Lakes and ponds formed by nature on public lands and their beds.
5. Rain waters running through ravines or sandy beaches, the bed~ -
of which shall also be public property.
6. Subterranean waters on public lands.
7. Waters found within the zone of operation of public works, ,even
when they are gnade by a concessionnaire.
8. Waters flowing continuously or intermittently on estates bel6ng-,
ing to private parties, to the State, to provinces, o; to towns from the
moment they leave said estat~e.
9. The overflow of fountains, sewers, and public institutions.
ART. 408. The following are o~f private ownership:
1. Waters, either continuous or intermittent, rising on private estates
as far as they run through them.
2. Lakes and ponds and their beds when formed, by nature on said
3. Subterranean waters found on the same.
4. Rain waters falling thereon as long as they remain within their
5. The beds of flowing waters, continuous or intermittent, formed byz
rain water, and those of brooke crossing estates which are not public
In every drain or aqueduct the water, the bed,$he sloping bank, and
the side ways are considered as an integral part of the estate or build-
ing to which the waters are destined. -T-The owners of estates:tibrough
or along the boundaries of' which the aqueduct passes catn allege.no
ownership over it, nor any right to make nee of its bed of side ways,
unless they base their claim on `title deeds specifying the right or the
SECITION BaoND.-U Dse of public wuaters.s
ARTs. 400. The use of public waters is atcquired--
1. By administrative concession.
2. By prescription of twenty years.
The limits of }he rights and obligations of these uses shall be those
.appearing, in t~ieggret case, from the terms of the concession; and, in
the second, from~ the manner 4nd form in which the waters have been
ARLT. Ofd Every concession of use of waters is understood without
prejudice to third parties.
AR1T. 411. The right to make use of public waters is extinguished by
the forfeiture of the concession, and by nonuser for twenty years.
SECTION THIRI).--T86 of u048678 Of pri'Uaf6 dw94678AiWp.
BAR. 412. The owner of: an estate containingf a spring or the source
of a, brook, continuous or intermittent, may use its waters as far as they
run through the estate; but the overilow is public and, the uqe thereof
is governed by the special law of waters.
-ART. 413. Private ownership of the beds of rain waters does not give
a right to make works and constructions which may divert their course
to the prejudice of a third party, nor those the destruction of which b~y
the force of floods, may cause such deviation.
BAR. 414-. No one may enter private property in search of waters or
'make use of them without permission from their owners.
BAR. 415. The ownership which the proprietor of ain estate has in the
waters rising on the same can' not prejudice the rights which the
owners of lower estates may have legally acquired to their use.
BAT. 416. Every owner of an estate has a right to construct on his
property receptacles for rain water, provided he does not prejudice the
public or a third party thereby.
S'ECTION FOURTH.-8Mbcterraneaten waters.
ART. 417. Only the owner of an estate or another person with his
permission, may search for subterranean waters thereon.
The search for subterranean water on lands of public ownership can
only be made with the permission of an administrative authority.
BAR. 418. Artesian waters, according to the special law of wate~rs,
belong to the persons who discover the same.
SART. 419I. When the owner of artesian waters abandons the samea to
their natural course, they shall be public property.
SECTION POTJElH.--Genreral provisions.
Aar. 420. The owner of an estate on which there are defensive works
to check waters, or on which, by reason of the variation of their course,
it should be -necessary to reconstruct them, is bound, at his option, to
Make the necessary repairs or constructions or to permit that, without
injury to him, they be made by the owners of the estates who suffer or
are clearly exposed to suffer damage.
BAR. 421. The provisions contained in the preceding article are
applicable to tlui cases in which it may be necessary to clear an estate
from the material, the accumulation, or fall of which may obstruct the
course of waters with injury or danger to a third party.
BAR. 422. All the owners who participate in the benefits arising fr'ont
the works, referred to in the two foregoing articles, are obliged to con-
tribute to the cost of their construction in prop~ortionl to their interest.
Those who by their own fault ~may have caused the damage shall be
liable for the expenses.
ART. 423. The ownership and use of waters belonging to corporations
or private parties are subject to the law of eminent domain.
ART. 424. The provisions of this title shall not prejudice the rights
previously acquired nor the private ownership which the owners of
waters, drains, fountains, or springs have to use, sell, or exchange them
as private property.
BAR. 425. In all that is not expressly determined by the provisions
of this chapter the special law of waters shall be observed.
ART. 426. Any Spaniard or foreigner may, unrestrictedly, make
prospect pits or excavations not exceedling telln eters in length or depth
for the purpose of discovering minerals on land of public ownership,
but they must previously give notice thereof to the local authorities.
On land of private ownership no prospect pits can be sunk without the
previous permission of the owner or of the person representing him.
Anr. 427. The limits of the right mentioned in the foregoingf article,
the previous formalities, and the conditions for their exercise, the des-
ignation of the substances which are to be considered as minerals, and
the determination of the rights of the owner of the land and of the dis-
coverer of the minerals in case of concessions, shall be governed by the
special mining law.
ART. 428. The author of any literary, scientific, or artistic work has
the right to profit by it and dispose of it at will. ~
ART. 429. The law of intellectual property determines the persons' to
whom such right belongs, the manner of exercising it, and the period
of its duration. In cases not provided for nor decided by said special
law, the general rules on ownership established in this code shall be
Possession and its~kcinds.
ART. 430. Natural possession is the holding of a thing or the enjoy-
nant of a right by a person. Civil possession is the same holding or
enjoyment, together with the intention of acquiring ownership of the
thing or right.
ART. 431. Possession of. things or rights is exercised either by the
same person who holds arid enjoys them or by another in his name.
ART. 432. Possession of things and rights may be held in one of two
different ways--either as an owner, or as a holder of the things or rights
to keep, or enjoy them, the ownership belonging to another person.
BAT. 433. Any person who is not aware that there is in his title or
in-the manner of acquiring it any flaw invalidating the same shall be
considered a possessor in good faith.
Possessors aware thereof ai~e considered possessors in bad faith.
ART. 434. Good faith is always presumed, and any person allegiing
bad faith on the part of the possessor is obliged to prove it.
ART. 435. Possession acquired in good faith does not lose this chlar-
aeter, except in the case and from the moment some act exists proving
that the possessor is aware that he possesses the thing illegally.
BAR. 436. It is presumed that the possession is still enjoyed in the
manner in which it was acquired until the contrary is proven.
Anr. 437. Only things and rights capable of being appropriated canl
be the object of the possession.
Acquisition of possession~.
ART. 438. Possession is acquired by the material occupancy of thle
thing or right possessed, or by the fact that thre latter remains subject
to the action of our will, or by the proper legal steps and formalities
established for acquiring such rights.
BAR. 439. Possession may be acquired by the same person who is to
enjoy it, by his legal representative, by his agent, or by a third person,
without any mandate whatsoever, but in the last case possession shall
not be considered as acquired until the person in whose name the instru-
ment of possession has been executed has ratified the same.
BART. 440. The possession of hereditary property is understood as
transferred to the heir without interruption and from the Instant of the
death of the testator, in case the inheritance be accepted.
A person who repudiates an inheritance in a valid manner is under-
stood as not having ever possessed it.
ART. 441. In no case can possession be forcibly acquired while thlere
is a possessor opposing it. A person believing that he has an action or
right to deprive another of the hioldinlg of a thing must request the
assistance of the competent authority whenever the holder refuses the
ART. 442. A person succeeding by an hereditary title shall not suf
for the consequences of a faulty possession of the testator, unless it is
proven that he had knowledge of the defects affecting it; but the effects
of the possession in good faith shall benefit him only from the date of
the death of the testator.
ART. 443. Minors and incapacitated persons may acquire the possess
sion of things; but they shall. require the assistance of their legal
representatives to makre use of the rights in their favor arising from
Aar. 444. Acts which are merely tolerated and those clandestinely
executed, without knowledge of the possessor of a thing, or by force, do
not affect the possession.
ART. 445. Possession, as a fact, can not be recognized in two different
personalities, except in cases where there is no division. Should a qlues-
tion arise as to the fact of the possession, the actual possessor shall be
preferred; when there are two, the oldest shall be preferred; if the
dates of the possession are thle same, the one presentilg a title; and
if all1 these conditions are equal, thle thing shall be placed inl deposit or
judicial kreeping until the possession or ownership thereof is decided
in the proper manner.
Efects of possession.
ART. 446. Every possessor has a right to be respected in his posses-
siou; and should he be disturbed therein, he must be protected or pos-
session must be restoredi to him by the means established in the laws
ARnT. 447. Only the possession acquired and enjoyed by virtue of
ownelrship canl serve as a title to acquire it;.
ART. 448. Th~e possessor by virtue of ownership has in his favor the
legall presrumption thrat hie holds possession by reason of a sufficient title
and he can not be forced to show it.
ART. 449). The possession of real estate is also a presumption of pos-
session of the furniture and objects contained therein unless it is shown
or proven that they should be excluded.
BAR. 450. Eatch one of the participants in a thing possessed in com-
mon is considered as having exclusively possessed the part which may
be allotted to hint on the distribution for the entire period during
which there is no division. Interruption in possession of the whole or
a part of a thing held in common shall affect all possessors equally.
ART. 451. The fruits collected in grood faith by a possessor during the
time the possession is n~ot legally interrupted become his own.
Natural and industrial fruits are understood as collected from the
moment they are gathered or harvested.
Civil fruits are considered as daily proceeds and belong to the pos-
sessor in good faith in this proportion.
ART. 452. If, at the date on which good faith ceases, some natural or
industrial fruits are ungat~hered, the possessor shall have a right to
recover the expenses he may have incurred in their production, and
furthermore, to a part of the net proceeds of thle crop in proportion to
the time of hlis possession'.
The expenses shall be distributed pro rata, inl the same manner,
between the two possessors.
The owner of a thing may, if he desires, grant to thle possessor, in
good faith, the right to finish the cultivation and collection of the
growing fruits as an indemnity for the part of the cost of cultivation
and net proceeds belonging to him; the possessor in good faith, who,
for any reason whatsoever may not desire to accept this concession,
shall lose the right to be idemnified in any other manner.
BAR. 453. Necessary expenses are refunded to every possessor, but
only the possessor in good faith may retain the thing until they are
repaid to him.
Useful expenses are paid the possessor in good faith with the same
right of retention, the person who has defeated him in his possession
having the option of refunding the amount of the expenses or paying
him the increase in value the thing has acquired by reason thereof.
ART. 454. The expenses purely for luxury or mere pleasure are not
repaid the possessor in good faith; but he may remove the ornatments
with which he has embellished the principal thing if it does not suffer
injury thereby and if the successor in the possession does not prefer to
refund the amount expended.
BAR. 455. A possessor in bad faith shall pay for the fruits collected,
and for those which the legitimate possessor could have received, and
shall only have a right to be reimbursed for the necessary expenses
incurred for the preservation of the thing. The expenses incurred in
improvements for luxury and pleasure shall not be repaid the possessor
in bad faith; but the latter may remove the object for which such
expenses have been incurred, provided the thing suffers no damlage
and the legitimate possessor does not prefer to retain them, and paying
the value they may have at the time of taking possession.
A~RT. 456. The improvements arising from nature or time always
redound to the benefit of the person who has gained the possession.
BAR. 457. A posse'ssor in good faith is nobliable for the deterioration
or loss of the thing possessed, with the exception of the cases in which
it is proved that he has acted with fraudulent intent. A possessor in
bad faith is liable for the deterioration or loss in any case, even in those
caused by force majeure, when he has maliciously delayed the delivery
of the thing to its legitimate possessor.
ART. 458. The person obtaining possession is not bound to pay for
improvements which have ceased to exist at the time of the acquisition
of the thing.
ART. 459. The actual possessor who shows his possession at a prior
period is presumed to have had possession also during the interme-
diate period, until the contrary is proven.
ART. 460. The possessor may lose his possession--
1. By the abandonment of the thing.
2. By transfer to another for a good or valuable consideration.
3. By the destruction or total loss of the thing or by the thing
4. By the possession of another, even against the will of the former
possessor, if the new possession has lasted more than one year.
ART. 461. The possession of personal property is not considered lost
while it is under the control of the possessor, even though the latter
may accidentally not know its whereabouts.
ART. 462. The possession of real property and property rights is not
considered lost, nor transferred for the purposes of prescription to the
prejudice of a third person, except in accordance with the provisions of
the mortgage law.
ART. 463. Instruments relating to possession, either executed or
admitted by the person possessing another's thing as a mere holder
for its enjoyment or retention for anly reason, does not bind nor preju-
dice the owner, unless the latter should have granted to the former
express powers to execute them or unless he ratifies them subsequently.
ART. 464. The possession of personal property, acquired in good faith,
is equivalent to a title thereto. However, the person who hats lost per-
sonal property or has been illegally deprived thereof may recover it
from whoever possesses it.
If the possessor of personal property, lost or stolen, has acquired it
in good faith at a public sale, the owner can not recover it without
reimbursing the price paid therefore.
Neither can the owner of things pledged in pawn shops, established
with thle authlorization of theo Government, recover them, whosoever
may be the person who pledged them, without previously refunding to
the institution the amount of the pledge and the interest due.
WVith regard to things acquired on exchange, or at fairs or markets
or from a merchant legally established and usually employed in simi-
lar dealings, the provisions of the code of commerce shall be observed.
ARGT. 465. Wild animals are only possessed while they are under one's
control; domestic or tame ones, are considered as tame or domestic if
they are accustomed to retunm to the home of their possessor.
ART. 466. A person who recovers the possession, according to Jaw,
which was improperly lost, is considered as having enjoyed it without
interruption, for all the purposes which may redounld to his benefit.
USufruPct, use, and occupantcy.
SECTION FIRST.-- U~teffcto ist ge~neral.
ART. 467. Usufract gives a right to enjoy another's property under
the obligation of preserving its form and substance unless the instru-
ment creating it or the law otherwise permits,
BAR. 468. Usufruct is constituted by law by the wish of private
persons expressed in instruments, inter uivos, or by last will, and by
ART. 469. Usufruct can be created on the whole or on part of the
fruits of a thing, in favor of one or more persons, simultaneously or
successively, and in any case from or to a certain day, conditionally or
unconditionally. It may also be created on a right, provided the same
is not absolutely personal or not transferable.
BAR. 470. The rights and duties of the usufructuaries shall be those
fixed in the instrument creating the usufruct; in its absence, or if the
latter is not sufficient, the provisions contained in the two following
sections shall be observed.
SECTION SECOND.--RighLts of the ucsufracctuary.
BAE. 471. The usufructuary shall be entitled to receive all the natural,
industrial, and civil fruits of the property in usufract. With regard to
the treasures which may be found on the estate, he shall be deemed a
ART. 472. The natural or industrial fruits, growing at the time of the
beginning of the usufruct, belong to the usufructuary.
Those growing at the time the usufract expires, belong to the owner.
In the preceding cases, the usufructuary, at the beginning of the usu-
fruct, is not bound to pay to the owner any of the expenses incurredl;
but the owner is bound to defray from the proceeds of the grrowing
fruits, at the expiration of the usufruct, the ordinary cost of cultivation,
sowing, and other similar expenses incurred by the usufructuary.
The provisions of this article shall not prejudice the rights of a third
person, acquired at the beginning or expiration of the usufruct.
ART. 473. If the.usufructuary has leased the lands or estates given in
usufruct, and the latter should expire before the lease, he or his heirs
and successors shall only receive the proportionate part of the rent, to
be paid by the lessee.
ART. 474. The civil fruits are understood to be paid day by day, and
belong to the usufructuary in proportion to the time the usufruct may
BAR. 475. When a, usufract is created on the right to collect a rent
or a, periodical pension, either in money or in fruits, or in interest on
obligations, or certificates payable to bearer, each payment due shall
be considered as proceeds or fruits of said right.
When it consists in the enjoyment of the benefits arising from an
interest in any industrial or commercial enterprise, the distribution of
which is not to take place at a definite date, such benefits shall hlave
the same consideration.
In either case, they shall be distributed as civil fruits and shall be
applied in the manner prescribed in thre foregoinlg article.
ART. 470. The usufructuary of an estate containing mines is not enti
tied to the proceeds of those denounced, granted, or which are being
worked at the beginning of the usufruct, unless they are expressly
granted to him by the instrument creating the latter or if it be universal.
The usufractuary, however, inay remove stones, lime, and chalk from
the quarries for repairs, or works which he may be obliged to make or
which may be necessary.
Anr. 47i7. Notwithstanding the provisions of the foregoing article,
the usufructuary, in a legal usufruct, may work the mines denounced,
granted, or which are being worked contained in the estate, retaining
one-half of the proceeds whichl may be obtained after deducting the
expenses, which he shall equally share with the owner.
AR~T. 478. The status of a usufructuary does not deprive the person
possessing it of the right granted to everyone by thle mining law to
denounce and obtain the concession of miles existing on the estate in
usufruct in the formn and under the conditions established by said law.
ART. 479Z. The usufructuazry shall have a right to enjoy the increase
which the thing in usufract may receive by accretion, as well as the
easemnents existing in its favor, and in generall all the benefits inherent
AxrT. 480. The usufructuary may personally enjoy the thing in usufruct,
lease it, to another person, or alienate his right to the usufruct, even
for a, good consideration; but all the contracts he may make as such
usufructuary shall terminate at thle expiration of thle usufruct, except
the lease of rural estates, whichl shall be considered inl force during the
ARLT. 481. Wh~en the u1sufr'uct inlclulde things which, without being
destroyed, gradually deteriorate by use, the usufructuary shall have a
right~ to mnake use of them in accordance with the purpose they are to
serve, and shall not be obliged to return them at the expiration of the
usufruct, except in their condition at that time; but he shall be obliged
to indemnify the owner for the deterioration they may have suffered by
reason of his fraud or neglect.
ART. 482. When the usufruct includes things which can not be used
without being consumed, the usufructuary shall have a right to make
use of them under the obligation of paying their appraised value on
the expiration of the usufruct, if they were appraised when given to
him. When they have not been appraised, he shall have the right to
return them by giving the same qunantity and quality or paying their
current value at the time of the expiration of the usufruct.
nrT. 483. The usufructuary of vineyards, olive orchards, or other
trees or shrubs may make use of dead trunks and even of those out or
torn off by accident, under the obligation of replacing them by others.
ART. 484. If in consequence of an accident or extraordinary event
the vines, olive trees, or other trees or shrubs should have disappeared
an such a considerable number that thle replanting of them should be
possible, or too onerous, the usufruct'uary may leave the dead, fallen,
or broken trunks at the disposal of the owner And oblige him to remove
them and clear the land.
BAR. 485. The usu~fructuary of woodland shall enjoy all the profits
which the latter may produce according to its character.
If the woodland is a copse or of timber for building, the usufructn-
ary may do ordinary cutting or felling, such as the owner may have
been in the habit of doing, and should the latter not have done so he
shall make them in accordance with the usage of the place as to man-
ner, amount, and season.
In any case the cutting or felling of trees shall be done in such
manner that it will not injure the preservation of the estate.
In nurseries of trees the usufructuary may thin out as required in
order that the remaining trees may properly develop.
With the exception of the provisions contained in the foregoing p~ara-
graphs, the usufructuary can not; cut trees close to the ground unlless
it be to restore or improve some of the things held in usufruct, and
in such case he must previously inform the owner of the necessity for
BAR. 486. The usufructuary of an action to recover an estate or
property right, or personal property, has a right to enforce it, andl to
oblige the owner of the action to give him his representation for this
purpose, and to furnish him the proofs he may have. When, by reason
of the enforcement of such action, he acquires the thing claimed! the
usufruct shall be limited to the fruits only, the ownership going to the
BAR. 4871. The usufructuary may make on tbe property which is the
object of the usufruct any improvements, useful or for recreation, wvhich
he may deem proper, provided hie does not change its form or substance;
but he shall have no right to be indemnified therefore. He may, how-
ever, remove said improvements, should it be possible to do so without
injury to the property.
BAR. 488. The usufructuary may set o~ff any damage to the property
with the improvements he may have made thereon.
ART. 489. The owner of property, the usufruct of which is held by
another, may alienate it, but can not change its form or substance nor
do anything to the prejudice of the usufructuary.
BAR. 490. The usufructua~ry of part of a thing held in common shall
exercise all the rights corresponding to the owner thereof with regard
to the administration and collection of fruits or interests. Should the
community cease by reason of the division of the thing possessed in
common, the usufruct of thle part awarded to the owner or coowner
shall appertain to the usufructuary.
SEOTION THIRD.-ObligaCtiont s of the usucfrazctuary.
ART. 491. The usufructuary, before entering upon the enjoyment of
the property, is obliged--
1. To make, after summoning the owner or his legitimate represents
tive, an inventory of all the property, having an appraisal of the per-
sonal property made, and describing the condition of the real propertY.
2. To give security, binding himself to comply with the obligations
imposed on him by this section.
BAR. 492. The provision contained in number 2 of the foregoing
article is not applicable to the vrendor or donor who has reserved to
himself the usufruct of the property sold or bestowed as a gift, nor to
parents who are the usufructuaries of the property of their children,
nor to the surviving spouse with regard to the hereditary portion
granted to him or her by articles 834, 836, and 837, except in case the
parents or spouse contract a second marriage.
ARtT. 493. The usufructuary,.whatever the title for his usufruct may
be, may be excused from thle obligation of making an inventory or of
giving security when no one will be injured thereby.
ART. 49)4. Should the usufructuary not give security in cases in
which he should do so, the owner may require that the real property
be placed under administration; the personal property sold; that the
public securities, instruments of credit, payable to order or to bearer,
be converted into certificates or be deposited in a bank or public insti-
tution; and that the capital or sums in cash and money received from
sales of personal property be invested in safe securities.
Inlterest on money received from the sale of personal property and
that on public securities anid bonds, and the proceeds of property
placed under administration, belong to the usufructuary.
The owner may furthermore, if he prefers it, whlile the usufructuary
gives no0 securlity or is excused( from doing so, reOta~in inl his possession
the property of the usufruct, as adlministrator, and withl thle obligation
of delivering the net proceeds thereof to the usufructuary, after deduct
ing thle s~ums which may be agreed uponl or may be judicially fixed for
BAT. 195. If the usufructuary who has not given security claims,
under security given under oath, the delivery of the furniture required
for his use, and that a dwelling be assigned to him and his family in a
house included in the usufruct, the judge may grant his request, after
considering the circumstances of the case.
The same shall be understood with regard to instruments, implements,
and other personal property, required for the industry in which he is
Should the owner not wish that some pieces of furniture be sold,
either by reason of their artistic merit or on account of being keep-
sakes, he may demand their delivery to him upon giving security for the
payment of the legal interest on their appraised value.
BART. 496. After the security has been given by the usufructuary he
shall be entitled to all the proceeds from the day on which he should
have begun to receive them, in accordance with the instrument creating
ART. 497. The usufructuary must take care of the property given in
uslufruct as a good father of a family would.
ART. 498. A usufructuary who should alienate or lease his right of
usufruct shall be liable for the damage suffered by the property in
usufruct through the fault or neglect of the person who substitutes him.
BAR. 499. If the usufruct should be created on a flocki, or on a hlerd
of cattle, the usufructuary shall be obliged to replace with the young
thereof those dying annually or naturally and those carried away by
the rapacity of preying animals.
If the cattle on which the usufruct is created should all perish, wvith-
out fault of the usufructuary, by reason of a contagious disease or any
other uncommon event, the usufructuary shall fulfill his duty by deliv-
ering to the owner those remaining which may have been saved from
Should the herd partially perish, also by reason of accident aLnd
without the fault of the usufructuary, the usufruct shall continue w~ith
regard to the part saved.
Should the usufruct be on sterile stock, it shall be considered for alll
its purposes as created on consumable objects.
ART. 500. The usufractuary is obliged to make thle ordinary repairs
required by the things given in usufrac~t.
Ordinary repairs shall be considered those required by the ordinary
wear and tear produced by the natural use of thing~s. and which are
indispensable for their preservation. Should he not makte them af~lter
being requested to do so by the owner, the latter may mlakre them at the
expense of the usufractuary.
ART. 501. ExtraordinaLry repairs shall be made for the account o' thle
owner. The usufructuary is obliged to notify hlim whenl thle ncessity
of making them is urgent.
ART. 502. If the owner should make the extraordinary repairs he
shall be entitled to demand of the usufructuary the legal interest on
th~e amount invested in them during the continuance of the usufract.
Should he not make them when they are indispensable for the pres-
ervation of the thing, the usufructuary may make said repairs; but he
shall have a, right to demand of the owner, on the expiration of the
usufruct, the increase in value which the estate may have acquired by
reason of said works.
Should the owner refuse to pay said amount the usufructuary shall
have the right to retain the thing until he reimburses himself with the
ART. 503. The owner may make the works and improvements which
may be proper on the estate in usufruct, or newv plantattions thereon if
it is rural property, provided the value of the usufruct is not reduced
nor the rights of the usufructuary prejudiced by such acts.
ART. 504. The payment of the annual charges and taxes and of those
considered liens on the fruits shall be made by the usufractuary
during the continuation of the usufruct.
ART. 505. The taxes which may be imposed directly upon the capital,
during the usufruct, shall be paid by the owner.
If the latter should have paid them the usufructuary must pay him
the proper interest on the sums he may have disbursed by reason thereof,
and if the usufructuary should advance the amounts of such taxes he
shall recover them on the expiration of the usufruct.
ART. 506. If the usufruct should be created on the entire patrimony,
and if, at the time of its creation, the owner has debts, the provisions
of articles 642 and 643 relating to gifts shall be applied for the mainlte-
naznce of the usufruct as well as for the obligation of the usufractuary
to pay them.
The same provision is applicable inl case the owner, at the time of
the creation of thle usufruct, should be obliged to pay periodical sums
even though there be no known principal.
Anr. 507. Thle usufructuary may claim the credits due which form
part of the usufruct if he hlas given or gives the proper security. If
he has been excnued from giving security, or if he can not do so, or if
that given is not sufioient, he shall require the authorization of the
owner, or, inl his absence, of the judge to collect said credits.
The usufructualry who hars given security may invest the sum he col-
lects inl anly manner he may deem fit. The usufructuary without bond
must invest said capital at interest, upon agreement with the owner,
and in the absence of such an agreement, with judicial authorization,
and in every case with security su-fficient; to preserve the integrity
of the capitall in~ usufruct.
ART. 508. Thle lnuiversal ulsufructuary mulst, pay in full the legacy of
a life anlnuity or thle peonsionl for support.
Thle usuf'ractuary of an anliquot part of the estate shall pay inl pro-
portion to his share.
In neither of the two cases shall the owner be obliged to make any
The usufructuary of one or more specified things shall pay the legacy
only when the annuity or pension is expressly charged upon them.
ART. 509. The usufructuary of a mortgaged estate shall not be obliged
to pay the debt for the security of which the mortgage was created.
When the estate is attached or judicially sold for the payment of the
debt, the owner shall be liable to the usufructua~ry for what he may lose
by reason thereof.
ART. 510. Should the usufruct be of the whole or of an aliqunot part
of anl inheritance, the usufructuary may advance the sums which may
correspond to the property in usufruct for the payment of the debts of
the estate and shall be entitled to demand their return from the owner,
without interest, at, the expiration of the usufruct.
Should the usufructuary refuse to make this advance, the owner may
request the sale of the part of the property in usufruct which may be
necessary to pay said sums, or pay them with his own money, being
entitled in such case to demand the proper interest of the usufructuary.
AniT. 511. The usufructuary is obliged to notify the owner of any act
of a third person, of which hie may have knowledge, which might injure
the rights of ownership, and shall be liable, should he not do so, for
the losses and damages as if they were caused by his own fault.
ART. 512. The expenses, costs, and judgments of the litigation insti-
tuted, with regard to the usufruct, shall be charged to the usufructuary.
SECTION POURTH.- WaCYS of extinguishinzg a ucsufract.
ART. 513. A usufract is extinguished:
1. By the death of the usufructuary.
2. By the expiration of the period for which it was created or by the
fulfillment of the condition subsequent mentioned in the instrument
3. BY the merger of usufract and ownership in the same person.
4. By-the renunciation of the usufructuary.
5. By the total loss of the property in usufruct.
6. By the termination of the right of the person constituting it.
7. By prescription.
ART. 514. If the thing given in usufract should suffer a, partial loss
only, this right shall continue with regard to the remainder.
ART. 515. The usufruct can not be created for more than thirty years
in favor of a town, corporation, or association. Should it have been
created, and before said period the town becomes deserted or the cor-
poration or association is dissolved, the usufruct shall be extinguished
by this fact.
ART. 516. The usufruct granted for the time until a third person
attains a certain age shall continue during the number of years speci-
fled, even though the third person dies before, unless said usufruct has
been expressly granted only because of the existence of the said
ART. 517. If the usufract is created on an estate of which a building
forms part, and the latter should be destroyed in any manner whatso-
ever, the usufructuary shall be entitled to enjoy the use of the land and
This shall also be the case if the usufruct is created upon the building
only, and should the latter be destroyed. But, in such case, if the
owner desires to construct another building he shall have a right to
occupy the ground and to make use of the materials, being obliged
to pay the usufructuary during the continuance of the usufruct the
interest upon the sums equivalent to the value of the ground and of the
ART. 518. If the owner shares with the usufructuary the insurance of
the estate given in usufruct, he shall continue, in case of accident, in
the enjoyment of the new building, should one be constructed, or shall
receive the interest on the amount of the insurance if the owner does
not wish to rebuild.
If the owner should have refused to contribute to the insurance of the
estate, and the usufructuary does so alone, the latter shall acquire the
right, in case of accident, to collect in full the amount of the insurance,
but with the obligation of investing it in rebuilding the estate.
If the usufructuary should have refused to contribute to the insur-
ance and the owner does so alone, the latter shall receive, in case of
accident, the full amount of the insurance, always reserving the right
granted the usufractuary in the foregoing article.
Asr. 519. If the thing in usufruct should be condemned by way of
eminent domain, the owner shall be obliged either to replace it with
another of the same value, and having similar conditions, or to pay the
usufructuary the legal interest on the amount of the indemnity during
the continuance of the usufruct. If the owner chooses the latter, he is
obliged to give security for the payment of the interest.
ART. 520. A usufruct is not extinguished by the bad use of the thing
in usufruct; but if the abuse causes considerable loss to the owner, the
latter may request that the thing be delivered to him, binding himself
to pay annually to the usufructuary the net proceeds of the same, after
deducting the expenses and the compensation which may be allowed
him for its administration.
ART. 521.' The usufruct created in favor of several persons livilig at
the time of its creation shall not be extinguished until the death of the
ART. 522. U~pon the expiration of the usufruct the thing in usufruct
shall be delivered to the owner, reserving the right of retention apper-
taining to the usufructuary or his heirs, for dlisbursements, which should
be repaid. After the delivery is made the bond or the mortgage shall
U~se a~nd occupancy. .
AET. 523. The rights and obligations of a, person having the use
and of the one who has a, right of occupancy shall be governed by
the instruments creating such rights, and in their eabence by the
.ART. 524. Use gives a right to receive, out of the fruits of another's
property, whatever may be required to provide for the necessities of
the person enjoying the use, and of his family, even when the latter
Occupancy gives the person having this right that of occupying in
another's house the apartments he may require for himself and for thle
members of his family.
ART. 525. The rights of use and occupancy canl not be leased, nor
transferred to another person in any manner.
BA~R. 526. The person having the use of a flock or of a herd of cat-
tle may make use of the young, milk, and wool thereof, in so far as
may be required for the consumption of himself and family, as well
as of the dung required for manuring the land he may cultivate.
ARET. 527. If the person enjoying the use consumes all the fruits of
another's property, or if the person having the right of occupancy
should occupy the whole house, he shall be obliged to pay all the
expenses of cultivation, ordinary repairs for the preservation thereof,
as well as the taxes, in the same manner as thle usufructua~ry.
If he receives a, part of the fruits only, or dwells in a part of the
house, he need make no payments, provided that a part of the fruits or
benlefts snificient to cover the expenses and taxes remain to the ownler.
Should they not be sufficient, the former shall pay what may be
ART. 528. The provisions established for usufructs are appplicalble to
the rights of use and occupancy, in so far as they do not conflict with
those contained in this chapter.
ART. 529. The rights of use and occupancy are extinguishedl by the
same causes as that of usufruct, and, furthermore, by serious abuse of
the thing or dwelling.
10asemnents i~n general.
SECTION FIRST.--Dif~ren~t keinds of easemntebs wh~rich mayrr be estatblished:,
ART. 530. An easement is a charge imposed uponl real property f'or
the benefit of another estate belonging to a different owner.
The real property in favor of which the easemnent is established is
called the dominant estate, and the one charged with it the servient
AR.T. 531. Easements may also be established for the benefit of one or
more persons or of a community to whom the incumbered estate does
Anr. 532. Easements may be continuous, intermittent, app~areent or
Continuous easements are those the use of which is or mnay be inces-
sant without thle intervention of any act of man.
Inltermittent easemlents are those used at more or less long intervals
and which depend upon acts of men.
Apparent easements are those which are well known and which are
continually in view by external signs, which show the use and benefit
of the same.
Nonl apparent easements are those which show nlo external Eignl of
ART. 533. Easements are, furthermore, positive or negative.
A positive easement is called onle which implloses upon the owner of
the servient estate the obligation of allowing something to be done! or
doing it himself, anid a negative easement that which forbids the owner
of the servient estate to do something which he could properly do if
the easement did not exist.
BAR. 534. Easements are inseparable front the estate to which they
actively or passively belong.
Anr. 535. Easements can not be divided. When the servient estate
is divided among two or more persons the easement is not modified, and
each division has to bear the part corresponding to it.
If thle d~ominant estate is divided among two or more persons each
part owner mnay use the easement wholly, provided thle place of its use
is not changed, nor increasing thle easement inl anly manner whatsoever.
AR~T. 536i. EIasements are established either by law or by the will of
the owners. The former are called legal and the latter voluntary.
SECTION SECOND).--latelecT Of acquirityg easetle~lds.
AnT. 537. Continuous and applarent easements are acquired either
by virtue of title or by prescription of twenty years.
ART. 538. In order to acquire by prescription the easements referred
to in the foregoing article, thle time of the possession shall be counted,
in positive easements, from the day on which the owner of thle dominant
estate or the one who has made use of the casement has commenced to
exercise the right on the servient estate; and in negative easements,
from thle day on whichl the owner of the domlinlant estate has, b~y a
formal act, forbidden thle owner of the servient one to execute the not
whichl would be legal without the easonemet.
ART. 539. Continuous nonapparent easements and intermittent ones,
either apparent or not, can only be acquired by virtue of a title.
Aar. 540. The lack of title establishing an easement which can not
be acquired by prescription can only be substituted by the instru-
Inent of acknowledgment by the owner of the servient estate or by a
ART. 541. The existence of an apparent sign of an easement between
two estates established by the owner of both sha~ll be considered, should
one of theml be alienated, as a title, in order that the easement may
continue actively and passively, unless, at the time of the division of
the ownership of both estates, the contrary should be expressed in the
instrument of alienation of either of them, or if said sign is removed
before the execution of the instrument.
Aur. 542. In establishing; an easement, all the rights necessary for
its use are understood to be granted.
SECTION THIRtD.--Rights a~nd obligations of otoners of dlominanlt and
ART. 543. The owner of the dominant estate may make, at his own
exp~ense, on the servient estate the workrs necessary for the use and
preservation of the easement, but without changing it or rendering it
He must select therefore the most convenient time and manner in
order to cause the least possible inconvenience to the owner of the
BAR. 544. Should there be several dominant estates, the owners of all
of them shall be obliged to contribute to the expenses referred to in
the foregoing article, in proportion to the benefit each may obtain from
the work. The one who does not wish to contribute may exempt him-
self by renouncing the easement for the benefit of the others.
If the owner of the servient estate should, in any manner whatsoever,
make use of the easement, he shall be obliged to contribute to the
expenses in the proportion above stated, unless there is an agreement
to the contrary.
BAR. 545. The owner of the servienlt estate canl not impair, in nuy
manner whatsoever, the use of an established easement.
However, if by reason of the place originally assigned or of the man-
ner established for the use of the easement, the latter should become
too inconvenient to the owner of the servient estate or should prevent
him from making works, repairs, or important improvements, it may
be changed at his expense, provided he offers another place or manlner
equally convenient, and that no injury is caused the owner of the dom-
inant estate or those who have ac right to the use of the easement.
SEC3TION POURTH.- Ways of edcinclteisleing easemweens.
BAR. 546. Easements are extinguished:
1. By merger in the same person of the ownership of thle servient antd
2. By nonuser for twenty years.
This period shall commence to be counted, in intermittent easemenlts,
from the day on which it has ceased to be used; and, with regard to
continuous ones, from the day on which an act in contravention of the
easement m~ay have occurred.
3. When the estates become in such condition that the eatsement can
not be made use of; but it shall revive, if subsequently the condition
of the estates permits it to be used, unless, when the use becomes p~os-
sible, sufficient time has elapsed for the prescription, in accordance
with the provisions of the foregoing number.
4. When the day falls due, or when the conditions is fulfdled, if the
easement be temporary or conditional.
5. By the renunciation of the owner of the dominant estate.
6. By the redemption agreed upon between the owners of the domi-
nant and servient estates.
ART. 547. The manner of permitting the enljoymenlt of the easement
shall be prescribed like the easement itself, and in the same way.
BAR. 548. If the dominant estate belongs to several persons in com-
mon, the use of the easement made by one of them prevents the pre-
scription with regard to the others.
8ECTION FIRST.-- General provisions.
BAR. 549. The purpose of easements, imposed by law, is either public
utility or the interest of private persons.
A4rt. 550. All that concerns easements, established for the public or
common utility, shall be governed by the special laws and regulations
pertaining thereto, and, in their absence, by the provisions of this title.
BAR. 551. The easements, established by law for the interests of
private persons or for causes of private utility, shall be governed by
the provisions of this title, without prejudice to the provisions of gen-
eral or locallows,rlegulations, and ordinances with regard to city or rural
These easements may be modlified by agreement among the persolis
interested, if the law does not prohibit, and if it does not prejudice a
BECTION SEclOND.-Eneasements wcitl regard to waoter~s.
Anr. 552. Lower estates must r~eceive. the waters which naturally
and without the intervention of man descend firom the higher estates,
as well as9 the stone or earth whichl they carry with them.
Neither may thle owner of thle lower estate con~struct works prevent-
ing this easemrent, nor thle one of thle higher estate works increasing
ARTl. 553. The banks of the rivers, even whenl they are of private
ownership, are subject in their entire length and in their margins for a
zone of three meters to the easement of the public use in the general
interest of navigation, .loatage, fishing, and salvage.
The estates adjoining the banks of navigable or floatable rivers are
furthermore subject to the easement of a towpath for the exclusive
service of river navigation and floatage.
Should it be necessary to occupy, for such purpose, lands of private
ownership, the proper indemnlity must first be paid.
BAR. 554. If for the diversion or taking of waters from a river or
brooks or for the use of other continuous or intermittent streams it
Should be necessary to construct a dam, and the person~ who is to do so
18 not the owner of the bankIs or land upon which to support it, he may
establish the easement for abutment of the dam by previously paying
A~r. 555. Obligatory easements for drawing water and for watering
animals may be imposed only for a cause of public utility in favor of
a town or village after the proper indemnity.
ART. 556. The easements for drawing water and for watering ani-
mals carry with them the obligation onl the servient estates of giving
the right of way to the persons and animals to the point where it can
be utilized, and the indemnity must include this service.
BAR. 557. Whosoever wishes to make use of water, of which he may
dispose for an estate belonging to him, has the right to cause it to pass
through the intermediate estates, with the obligation of indemnifying
their owners, as well as those of the lower estates upon which the waters
may fdter or descend.
ART. 558. A person desiring to make use of the right granted in the
foregoing article is obliged:
1. To prove that he has a right to dispose of the water, and that it
is suilicient for the use to which it is destined.
2. To show that~ the right of way he requests is the most convenient
and least onerous to at third person.
3. To indemnify the owner of the servient estate in the manner pre-
scribed by the laws and regulations.
ART. 559. The easement of an aqueduct for an object of private inter-
est can not be imposed on buildings nor their yards or dependencies,
nor on gardens or orchards already in existence.
Anr. 560. The easement of an aqueduct does not prevent the owner
of the servient estate from closing and fencing it, nor from building
over the aqueduct, in such manner that the latter suffers nlo damage
nor renders impossible necessary repairs and cleaning.
BAR. 561. The easement of an aqueduct for its. legal effects shanll be
considered as continuous and apparent, even though the passage of theo
water is not continuous, or even if its use depends on the requirements
of the dominant estate, or periods consisting of day~s or hours.
BAT.- 562. A person who for the purpose of irrigating his estate or
improving it has to construct a stop lock or a sluice gate in a mill race
through which it is to receive water, may demand that the owners of
the margins allow their construction, after paying all loss and damage,
including those caused by the new easement to the said owners and
to the other irrigators.
BAR. 583. The establishmnent, extent, form, and conditions of the
easements of waters to which this section refers shall be governed by
the special law relating thereto in everything not provided for in this
SECTION THIRD.--Right of way.
BAT. 564. The owner of an estate or of property surrounded by'
others, belonging to several owners, and having no exit to public roads,
has a right to demand a right of way through the neighboring estates
on paying the proper indemnity.
If this easement is constituted in such manner that its use may be
continuous for all the requirements of the dominant estate, establishing
a permanent passage, the indemnity shall include the value of the land
occupied and the amount of the damage caused the servient estate.
When it is limited to the passage required for the cultivation of the
estate surrounded by others, and for the transportation of its erops
through the servient estate without a permanent passage, the indem-
nity shall consist in the payment of the damage caused by said encum-
ARlT. 565. The right of way must be at the point least prejudicial to
the servient estate, and in so far as is consistent with this rule where
the distance from the dominant estate to the public road may be the
BAR. 566. The width of the right of way shall be sufficient for the
necessities of the dominant estate.
ART. 567. W~hen an estate, acquired by sale, exchange, or division
should be surrounded by other estates of the vendor, exchanger, or
coowner, the latter shall be obliged to grant right of way without
indemnity, unless there is an agreement to the contrary.
ART. 568. If the right of way granted to an inclosed estate ceases
to be necessary because the owner thecreof has joined it to another
abutting on the public road, the owner of the servient estate may
demand the extinguishment of the easement, returning what he may
have received by way of indemnity.
The same shall be understood in case a new road is opened giving
access to the inclosed estate.
ART. 569. `If it is indispensablel for the conlstructionl or repair of a
building~ to carry thle materials through another's estate, or construct
thereon~ scaffolding or other objects for the work, thle owner of said
estate is obliged to consent thereto, receiving an indemlnity correspond-
ing to the damage caused him.
ART. 570. Existing rights of way for the passage of stock, known
by the name of sheep path, trail, footpath, or by any other, and those
for watering and resting places and sheepfolds shall be governed by
the ordinances and regulations relating thereto, and, in their absence,
by the uses and customs of the locality.
Without prejudice to rights legally acquired, a, path shall not exceed
75 meters in width; a trail, 37 meters 50 centimeters, and a footpath, 20
When it may be necessary to establish an obligatory right of way or
for a drinking trough for cattle, thle provisions of this section and of
articles 555 and 556 shall be observed. In this case the width can
not exceed 10 meters.
SEOTION IiOURTH.-.aeasemens of party wacxlls and lfenlces.
ART. 571. The easements of party walls and fences shall be gfoverned
by theprovisions of this title, and by the local ordinances and customs
nt so far as they do not conflict with the same or if there are no pro-
'isions in regard thereto.
BAR. 572. The easement of party walls and fences is presumedl. unless
there is a title or exterior mark or proof to the contrary:
1. In dividing walls of adjoining buildings up to the point of eleva-
tion in common.
2. In dividing walls of gardens or yards situated in cities or in the
3. In fences, inclosures, and live hedges dividing rural estates.
A~r. 573. It is understood that there are exterior signs, inl contra-
vention of the easement of party wall and fences:
1. When in dividing walls of buildings there are windows or openings.
2. When the dividing wall is, on one side, true and plumb in all its
facement, and has similar conditions in the upper part of the other side,
but in the lower part thereof slants or projects.
3. When the entire wall is built on the land of one of the estates,
and nrot on the dividing line of the two contiguous estates.
4. When it bears the burden of the binding beams, floors, and roof
frame of one of the houses and not of the adjoining one.
5. When the dividing walls between yards,.gardens, and estates are
so constructed that the coping sheds the waters toward one of the
6. When the dividing wall being constructed of stone and cement, has
stones called stepping stones, which at intervals project from tle, sus-
face on one side only and not on the other.
7. When rural estates adjoining others inclosed by fenlces or live
hedges are themselves not closed.
InI all these cases the ownership of the walls, inclosures, or heudges
shall be understood as vested exclusively in the owner of the p~roperty
or estate who has in his favor the presumption based on any one of thre
A1rT. 574. Open ditches or drains between estates are also considered
as common if there is no title or sign proving the contrary.
There is a sign contrary to ownership in common when the earth or
dirt removed to open or clean the ditch has been done only on one side
thereof, in which case the ownership of the ditch shall be vested excla-
sively in the owner of the estate having this exterior sign on its side.
ART. 575. The cost of repairs and construction of party walls and the
preservation of inclosures, live hedges, ditches, and drains in common
shall be borne by all the owners of the estates who are interested
therein, in proportion to the right of each one.
Nevertheless, any owner may refuse to contribute to this charge by
renouncing his right, except in case the party wall supports a building
belonging to him.
ART. 576. If the owner of a building supported by a party mall
desires to demolish it, he may also renounce the part ownership; but
all the repairs and works necessary to prevent damages wvhich the
demolition may cause to the party wall, on this occasion only, shall be
paid for by him.
ART. 577. Every owner may construct a, party-wall by erecting it, at
his own expense, and by paying for any damages which may be caused
by the work, even when only temporary.
He shall also have to pay for the expenses of maintaining the wall in
the part newly raised or deepened at its foundation, with regard to its
former condition, and besides the indemnity for the increased expenses
which it may be necessary to incur in order to preserve the party-wall
by reason of the greater height or depth which has been given the
If the party-wall can not bear the increased height, the owner desir-
ing to raise it, shall be obliged to reconstruct it at his own expense,
and, should it be necessary therefore to make it thicker, he shall give
the space required from his own land.
ART. 578. The other owners, who have not contributed in giving
increased height, depth, or thickness to the wall, may, nevertheless,
acquire therein the right of part ownership by paying the value of the
workr and one-half that of the land appropriated for its increased
thickness in proportion to their interest.
Anr. 579. Every owner of a party-wall may use it in proportion to
the right he may have in the part ownership. He may therefore build,
supporting his structure on the party-wall, or introduce joists up to
one-half its thickness, but without inter~fering with the common and
respective uses of the other part-owners.
In order that the part-ownler may makelr use of this right, he must
previously obtain thle consent of the other parties interested in the
part-ownership; and, should be not obtain it, the conditions necessary
in order that thle new work may not inljure the right of the former shall
be fixed by experts.
SECTION FIPTH.--Easementt of lig~t. and2 uiew.
ART. 580. No part-owner may, without the consent of the other,
make in the party-wall any window or opening whatsoever.
Anr. 581. The owner of a wall which is not a party-wall, adjoining
.another's estate, may make in it windows or openings to admit light, at
the height of the ceiling joists or immediately under the ceiling, of the
dimensions of 30 centimeters square, and, in any case, with ail iron grate
embedded in the wall anid a wire screen.
However, the owner of the house or estate azdjoining the wall in which
the openings are made may close them, if he acquires the part ownler-
Ship of the wall and should there be no agreement to the contrary.
He may also obstruct them by building on his land or raising a wall
adjacent to that having such opening or window.
ART. 582. Windows with direct views, or balconies or any similar
openings projecting over the estate of the neighbor, can not be made if
there is not a distance of, at least, 2 meters between thle wall in which
they are built and said estate.
Neither can side nor oblique views be opened over said property,
unless there is a distance of 60 centimeters.
ARtT. 583. The distances referred to in the foregoing article shall be
measured, in cases of direct views, from the outer line of the wall when
the openings do not project, from the line of the latter when they exist,
and for oblique views from the dividing line of both estates.
A~rT. 584. The provisions of article 582 are not applicable to buildings
separated by a public thoroughfare.
ART. 585. When, under any title, a right has been acquired to have
direct views, balconies, or lookouts overlooking adjacent property, the
owner of the servient estate can not build thereon at less than 3 meters
distance, to be measured according to the manner mentioned in article
SECTION SIXTH.-1)rainage of buildings.
ART. 586. The owner of a building is obliged to construct his roofs
or coverings in such a manner that rain water may fall on his ownl land
or on the street or public place, and not on the land of his neighbor.
Even if it falls on his own land, the owner is obliged to collect it in
such manner that it will not injure the adjoining estate.
ART. 587. The owner of the estate charged with an ea~sement of
receiving water discharged from roofs may build in such manner as to
receive the waters upon his own roof, or give them another outlet,
in accordance with the local ordinances or customs, and so as nlot to
be burdensome or detrimental to the dominant estate in any mlnener
BAR. 588. When the yard or court of a house is inclosed between
others, and it should not be possible to give an outlet through the
house itself to the rain water collected therein, the establishment of an
easemei~t of drain may be demanded, giving an outlet to the waters at
the point of the contiguous estates where its egress may be the easiest,
and establishing a conduit for the drain in such manner as to cause
the least damage to the servient estate, after the proper indemnity.
SECTION sEVENTH.-Ize ntermedite distances andl scorles for certainly con-
structions and plantings.
ART. 589. Buildings can not be constructed nor plantings made
near fortified places or fortresses without submitting to the conditions
required by the special laws, ordinances, and regulations relatting
ART. 590. No one shall construct near a wall belonging to another,
or near a party wall, wells, sewers, aqueducts, kilns, forges, chimneys,
stables, or make deposits of corrosive material, or build manufactories
operated by steam, or factories which by reason of their character or
products are dangerous or noxious, without observing the distanlces
prescribed by the regulations and customer of the locality anid without
making the necessary protective works, subject in regard to form to the
conditions prescribed by said regulations.
In the absence of regulations the precautions which may be con-
sidered necessary shall be taken, after an expert opinion, in order to
avoid any damage to the neighboring estates or buildings.
ART. 591. Trees shall not be planted near another's estate, except at
the distance authorized by the ordinances or customs of the locality, and
in their absence at a distance of 2 meters from the dividing line of the
estates, if the planting is made of tall trees, and at 50 centimeters if
the planting is of shrubs or small trees.
Every owner has a right to demand th~at trees which may be planted
in the future at a lesser distance from his estate be uprooted.
ART. 592. Should the branches of any tree extend over a nleigfhbor-
ing estate, gardens, or yards, the owner of the latter shall have a right
to demand that they be cut in so far as they extend over his property;
and should the roots of the neighboring trees extend into another's
land the owner of said lanld may himself cut them within his estate.
ART. 593. Trees existing in a party live hedge shall also be consid-
ered as party trees, and anly of the owners has a right to demand their
Trees servilg as boundary marks are excepted, which may only be
upr~looted by common consent of the owners of the adjoining estates.
nA~r. 59D4. Every owner of an estate hlas a right to charge it with all
the easements he may deem fit, and in the manner and form that he
may consider best, provided he does not violate the laws nor public
ART. 595. The owner of an estate the usufruct of which belongs to
another may impose thereon, without the consent of the usufructuary,
any easements not injuring the right of usufruct.
ART, 590. When onle person has the legal title in an estate anud
another has the beneficial title, no perpetual vol~untary easement canl
be established thereon without the consent of both parties in interest.
ART. 50)7. In order to impose an easement on an undivided estate,
the consent of all the part owners shall be required.
The consent given by some only shall remain in suspension until
every one of the joint or co-owners agrees thereto.
But the consent given by one of the part owners severally shall bind
the grantor or his successors, even if they be so by private title, not to
prevent the exercise of the right granted.
ART. 59)8. The title, and in a proper case the possession, of an ease-
ment acquired by prescription determines the rights of the dominant
estate and the obligation of the servient estate. In its absence the
easement shall be governed by such provisions of this title which may
gAT. 599. If the owner of the servient estate has bound himself at the
time of creating the easement to defray the cost of the works required
for the use and preservation thereof he may free himself from this
charge by abandoning his estate to the owner of the dominant estate.
ART. 1600. Pasturage in common may only be established in the future
by an express consent of the owners, contained in a contract or last
will, and not in favor of a universality of persons or a universality of
property, but in favor of specified2 individuals and on estates also defi-
nite and specified.
BAn easement~ established in ac~cordane with this article shall be
governed Bay the instrument of its creation.
ARTZ 601L. Pasturage inl common in public lands, whether belonging
to the mnani~ipa~ties or to the State, shall be governed by the adminis-
BAnnZ 082. If pastaragea in common exists between residents of one or
morue town~s, te owner wphop inclosaesJ ant estate with a, fence or hedge
shaRl free the samxe from the pastura~ge in common. Th~e other ease-
ments,1 nevertBhelessY es~tablished on the same shall continue.
Tlhe owner who incloses his estate shall preserve his right to the
p~astura.ge in comonlo in the other estates which are not in~closed.
Aur.~ 051 Th~e owner of land encumbered by the easeament of pas-
twarnge may redeem it by paying the value thereof to those havingf the
In the ~a~bsnce of an agreemen~n t, thce amount of said redemption shall
be Exed~ unpion the baSis( of 4g per cent of the annual valu81e o the paBs-
tourage, Exedl by an expert apraisaL4~~L
Au~r. 64. RBnThepreisin contained in the preceding article are ap~pli-
cableD to easYvnement~s established for the use of triewoodl nan other prod-
wats of fEoress wh~nich are Iprivae proprty
Thve regsY~try of property p.rly
PBiT AUNID BuLAST CRAdUPPTER. *
Am.llur 885 Tlihe purpose of lthe registryI~ of~ property is to enter or re-
cord themein the instyfr~uoments~1~ aUnd0 contracts r~elna~t~inDg in owne~rship01 and
other property rihsl in real ]PropBerty.
A~r,. SW& Th~e titles of ownership or of othner~ property ritgnhs relat-
ling to real estate which av ore a properly recorded orn entered in the
~e~gistry of property shaMnl not prqjundlice third p~ers~ons.
Ara.P @BE. TIhe8 registryf p~roper shall be pulbiio %For~ these who have
a kEn!owrn interest in asse~r~ajining~ Ithe~o~ljcondtin rof real prlopi~erty or
proeyety righti~in~n~inin~s re-~icore~di orentberred therein,
Axt~.l (8O& Tlhe provisions of the colrtgage la~w aball be cobserved with
~e~ga'r to the cdletenlrmiatia~on of instrumonlts ~subja~ie~ct to recast~ or ~entry,
the termn, ce~Fest, andR exgtiincft~im& of thne same,1~ the mllannerl~ (Of keeiping the
Ireagi~stry,RB a o~nd v le f rth entries vetajinecdl in the Ibee~s of the samIe.
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