Title IV — Obligations and Contracts
This title governs the formation, effects, performance, and extinction of obligations and contracts.
Chapter 1 — Obligations in General
| Article | Title | Description |
|---|---|---|
| Art. 41 | Sources of Obligations | An obligation is a juridical bond by which one person is bound to perform or to refrain from performing an act in favour of another. |
| Art. 42 | General Rules on Obligations | Obligations must be performed in good faith and in accordance with their terms. |
Chapter 2 — Formation of Contracts
| Article | Title | Description |
|---|---|---|
| Art. 43 | Formation of Contracts | A contract is formed by the exchange of concordant declarations of will: an offer and an acceptance. |
| Art. 44 | Form and Electronic Contracts | A contract may be concluded in any form unless the law requires a particular form for validity. |
| Art. 45 | Validity and Defects of Consent | A contract requires the free and informed consent of each party. Consent is defective where it is vitiated by error, fraud, duress, or undue influence. |
Chapter 3 — Effects and Performance
| Article | Title | Description |
|---|---|---|
| Art. 46 | Effects of Contracts | A valid contract has the force of law between the parties. It may be modified or revoked only by mutual consent or on grounds provided by law. |
| Art. 47 | Performance | The debtor must perform the obligation at the time, place, and in the manner stipulated by the contract. |
| Art. 48 | Non-Performance and Remedies | Where the debtor fails to perform, the creditor may:; Non-performance is fundamental where it substantially deprives the creditor of what the creditor was entitled to expect under the contract. |
Chapter 4 — Extinction of Obligations
| Article | Title | Description |
|---|---|---|
| Art. 49 | Extinction of Obligations | An obligation is extinguished by performance, release, set-off, novation, merger, impossibility not attributable to the debtor, prescription, or any other mode recognised by law. |