The Civil Law of Spain and Mexico (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1851 edition. Excerpt: ...due a third person cannot be used as offset. " Nevertheless, a surety, when sued for payment may compensate not only a debt due to himself, but also a debt due to the principal obligor.' Art. 569. A father may also be compelled to compensate a debt due him by a third person, by a debt due by a child under his authority, if such debt be legally eflicacious. Art. 570. The father may also ofi'set, if he be gentleman, a debt due to his son against a debt due by himself; but the son, when sued for debt, cannot offset a debt due to his father, unless he give security that the father will approve the act.' Art. 571. Persons capable of contracting can alone plead compensation. ' Art. 572. Taxes due the public? Municipal dues." The obligation of doing an act. Objects placed in deposit.' Things loaned to be returned in kind, do not admit of compensation. Nevertheless, in the last mentioned case necessary expenses, incurred after the thing has been borrowed, must be paid.' Art. 573. The effect of compensation is to extinguish both the debts, if they be equal in quantity, if one exceed the other, the less only extinguishes it pro tanto. Art. 574. This extinguishment takes place from the time the debts are mutually due, although no suit is brought. Art. 575. The sureties, pledges and other accessory obligations are likewise released, as well as all interest, from the time the compensation takes effect. SECTION 3. Of Confusion. Art. 576. When the rights of the creditor and the debtor are united in the same person, the obligation is extinguished by confusion. Art. 577. This union of rights takes place when the creditor becomes the heir of the debtor, or vice versa. Nevertheless, this is not always the case as to the...