BARTER OR EXCHANGE Art. 1638.

By the contract of barter or exchange one of the parties binds himself to give one thing in consideration of the other's promise to give another thing. (1538a Art. 163!. "f one of the contracting parties# having received the thing promised him in barter# sho$ld prove that it did not belong to the person %ho gave it# he cannot be compelled to deliver that %hich he offered in exchange# b$t he shall be entitled to damages. (153!a Art. 16&'. (ne %ho loses by eviction the thing received in barter may recover that %hich he gave in exchange %ith a right to damages# or he may only demand an indemnity for damages. )o%ever# he can only ma*e $se of the right to recover the thing %hich he has delivered %hile the same remains in the possession of the other party# and %itho$t pre+$dice to the rights ac,$ired in good faith in the meantime by a third person. (15&'a Art. 16&1. As to all matters not specifically provided for in this -itle# barter shall be governed by the provisions of the preceding -itle relating to sales. (15&1a

Art. 165'. 7hen in the contract of lease of things there is no express prohibition# the lessee may s$blet the thing leased# in %hole or in part# %itho$t pre+$dice to his responsibility for the performance of the contract to%ard the lessor. (155' Art. 1651. 7itho$t pre+$dice to his obligation to%ard the s$blessor# the s$blessee is bo$nd to the lessor for all acts %hich refer to the $se and preservation of the thing leased in the manner stip$lated bet%een the lessor and the lessee. (1551 Art. 165.. -he s$blessee is s$bsidiarily liable to the lessor for any rent d$e from the lessee. )o%ever# the s$blessee shall not be responsible beyond the amo$nt of rent d$e from him# in accordance %ith the terms of the s$blease# at the time of the extra+$dicial demand by the lessor. 3ayments of rent in advance by the s$blessee shall be deemed not to have been made# so far as the lessor's claim is concerned# $nless said payments %ere effected in virt$e of the c$stom of the place. (155.a Art. 1653. -he provisions governing %arranty# contained in the -itle on 8ales# shall be applicable to the contract of lease. "n the cases %here the ret$rn of the price is re,$ired# red$ction shall be made in proportion to the time d$ring %hich the lessee en+oyed the thing. (1553 Rights and Obligations of the Lessor and the Lessee Art. 165&. -he lessor is obliged4 (1 -o deliver the thing %hich is the ob+ect of the contract in s$ch a condition as to render it fit for the $se intended9 (. -o ma*e on the same d$ring the lease all the necessary repairs in order to *eep it s$itable for the $se to %hich it has been devoted# $nless there is a stip$lation to the contrary9 (3 -o maintain the lessee in the peacef$l and ade,$ate en+oyment of the lease for the entire d$ration of the contract. (155&a Art. 1655. "f the thing leased is totally destroyed by a fort$ito$s event# the lease is exting$ished. "f the destr$ction is partial# the lessee may choose bet%een a proportional red$ction of the rent and a rescission of the lease. (n Art. 1656. -he lessor of a b$siness or ind$strial establishment may contin$e engaging in the same b$siness or ind$stry to %hich the lessee devotes the thing leased# $nless there is a stip$lation to the contrary. (n The lessee is obliged (1 -o pay the price of the lease according to the terms stip$lated9 (. -o $se the thing leased as a diligent father of a family# devoting it to the $se stip$lated9 and in the absence of stip$lation# to that %hich may be inferred from the nat$re of the thing leased# according to the c$stom of the place9 (3 -o pay expenses for the deed of lease. (1555

LEASE -he contract of lease may be of things# or of %or* and service. (15&. Art. 16&3. "n the lease of things# one of the parties binds himself to give to another the en+oyment or $se of a thing for a price certain# and for a period %hich may be definite or indefinite. )o%ever# no lease for more than ninety/nine years shall be valid. (15&3a Art. 16&&. "n the lease of %or* or service# one of the parties binds himself to exec$te a piece of %or* or to render to the other some service for a price certain# b$t the relation of principal and agent does not exist bet%een them. (15&&a Art. 16&5. 0ons$mable goods cannot be the s$b+ect matter of a contract of lease# except %hen they are merely to be exhibited or %hen they are accessory to an ind$strial establishment. (15&5a

LEASE OF RURAL AND URBAN LANDS Art. 16&6. -he persons dis,$alified to b$y referred to in Articles 1&!' and 1&!1# are also dis,$alified to become lessees of the things mentioned therein. (n Art. 16&1. "f a lease is to be recorded in the 2egistry of 3roperty# the follo%ing persons cannot constit$te the same %itho$t proper a$thority4 the h$sband %ith respect to the %ife's paraphernal real estate# the father or g$ardian as to the property of the minor or %ard# and the manager %itho$t special po%er. (15&8a Art. 16&8. 5very lease of real estate may be recorded in the 2egistry of 3roperty. 6nless a lease is recorded# it shall not be binding $pon third persons. (15&!a Art. 16&!. -he lessee cannot assign the lease %itho$t the consent of the lessor# $nless there is a stip$lation to the contrary. (n

Art. 1658. -he lessee may s$spend the payment of the rent in case the lessor fails to ma*e the necessary repairs or to maintain the lessee in peacef$l and ade,$ate en+oyment of the property leased. (n Art. 165!. "f the lessor or the lessee sho$ld not comply %ith the obligations set forth in Articles 165& and 1651# the aggrieved party may as* for the rescission of the contract and indemnification for damages# or only the latter# allo%ing the contract to remain in force. (1556 Art. 166'. "f a d%elling place or any other b$ilding intended for h$man habitation is in s$ch a condition that its $se brings imminent and serio$s danger to life or health# the lessee may terminate the lease at once by notifying the lessor# even if at the time the contract %as perfected the former *ne% of the dangero$s condition or %aived the right to rescind the lease on acco$nt of this condition. (n Art. 1661. -he lessor cannot alter the form of the thing leased in s$ch a %ay as to impair the $se to %hich the thing is devoted $nder the terms of the lease. (1551a Art. 166.. "f d$ring the lease it sho$ld become necessary to ma*e some $rgent repairs $pon the thing leased# %hich cannot be deferred $ntil the termination of the lease# the lessee is obliged to tolerate the %or*# altho$gh it may be very annoying to him# and altho$gh d$ring the same# he may be deprived of a part of the premises. "f the repairs last more than forty days the rent shall be red$ced in proportion to the time / incl$ding the first forty days / and the part of the property of %hich the lessee has been deprived. 7hen the %or* is of s$ch a nat$re that the portion %hich the lessee and his family need for their d%elling becomes $ninhabitable# he may rescind the contract if the main p$rpose of the lease is to provide a d%elling place for the lessee. (1558a Art. 1663. -he lessee is obliged to bring to the *no%ledge of the proprietor# %ithin the shortest possible time# every $s$rpation or $nto%ard act %hich any third person may have committed or may be openly preparing to carry o$t $pon the thing leased. )e is also obliged to advise the o%ner# %ith the same $rgency# of the need of all repairs incl$ded in :o. . of Article 165&. "n both cases the lessee shall be liable for the damages %hich# thro$gh his negligence# may be s$ffered by the proprietor. "f the lessor fails to ma*e $rgent repairs# the lessee# in order to avoid an imminent danger# may order the repairs at the lessor's cost. (155!a Art. 166&. -he lessor is not obliged to ans%er for a mere act of trespass %hich a third person may ca$se on the $se of the thing leased9 b$t the lessee shall have a direct action against the intr$der. -here is a mere act of trespass %hen the third person claims no right %hatever. (156'a Art. 1665. -he lessee shall ret$rn the thing leased# $pon the termination of the lease# as he received it# save %hat has been lost or impaired by the lapse of time# or by ordinary %ear and tear# or from an inevitable ca$se. (1561a

Art. 1666. "n the absence of a statement concerning the condition of the thing at the time the lease %as constit$ted# the la% pres$mes that the lessee received it in good condition# $nless there is proof to the contrary. (156. Art. 1661. -he lessee is responsible for the deterioration or loss of the thing leased# $nless he proves that it too* place %itho$t his fa$lt. -his b$rden of proof on the lessee does not apply %hen the destr$ction is d$e to earth,$a*e# flood# storm or other nat$ral calamity. (1563a Art. 1668. -he lessee is liable for any deterioration ca$sed by members of his ho$sehold and by g$ests and visitors. (156&a Art. 166!. "f the lease %as made for a determinate time# it ceases $pon the day fixed# %itho$t the need of a demand. (1565 Art. 161'. "f at the end of the contract the lessee sho$ld contin$e en+oying the thing leased for fifteen days %ith the ac,$iescence of the lessor# and $nless a notice to the contrary by either party has previo$sly been given# it is $nderstood that there is an implied ne% lease# not for the period of the original contract# b$t for the time established in Articles 168. and 1681. -he other terms of the original contract shall be revived. (1566a Art. 1611. "f the lessee contin$es en+oying the thing after the expiration of the contract# over the lessor's ob+ection# the former shall be s$b+ect to the responsibilities of a possessor in bad faith. (n Art. 161.. "n case of an implied ne% lease# the obligations contracted by a third person for the sec$rity of the principal contract shall cease %ith respect to the ne% lease. (1561 Art! "#$%! The lessor &a' ()di*iall' e(e*t the lessee for an' of the follo+ing *a)ses (1 7hen the period agreed $pon# or that %hich is fixed for the d$ration of leases $nder Articles 168. and 1681# has expired9 (. ;ac* of payment of the price stip$lated9 (3 <iolation of any of the conditions agreed $pon in the contract9 (& 7hen the lessee devotes the thing leased to any $se or service not stip$lated %hich ca$ses the deterioration thereof9 or if he does not observe the re,$irement in :o. . of Article 1651# as regards the $se thereof. -he e+ectment of tenants of agric$lt$ral lands is governed by special la%s. (156!a Art. 161&. "n e+ectment cases %here an appeal is ta*en the remedy granted in Article 53!# second paragraph# shall also apply# if the higher co$rt is satisfied that the lessee's appeal is frivolo$s or dilatory# or that the lessor's appeal is prima facie meritorio$s. -he period of ten days referred to in said article shall be co$nted from the time the appeal is perfected. (n Art. 1615. 5xcept in cases stated in Article 1613# the lessee shall have a right to ma*e $se of the periods established in Articles 168. and 1681. (151'

Art. 1616. -he p$rchaser of a piece of land %hich is $nder a lease that is not recorded in the 2egistry of 3roperty may terminate the lease# save %hen there is a stip$lation to the contrary in the contract of sale# or %hen the p$rchaser *no%s of the existence of the lease. "f the b$yer ma*es $se of this right# the lessee may demand that he be allo%ed to gather the fr$its of the harvest %hich corresponds to the c$rrent agric$lt$ral year and that the vendor indemnify him for damages s$ffered. "f the sale is fictitio$s# for the p$rpose of exting$ishing the lease# the s$pposed vendee cannot ma*e $se of the right granted in the first paragraph of this article. -he sale is pres$med to be fictitio$s if at the time the s$pposed vendee demands the termination of the lease# the sale is not recorded in the 2egistry of 3roperty. (1511a Art. 1611. -he p$rchaser in a sale %ith the right of redemption cannot ma*e $se of the po%er to e+ect the lessee $ntil the end of the period for the redemption. (151. Art. 1618. "f the lessee ma*es# in good faith# $sef$l improvements %hich are s$itable to the $se for %hich the lease is intended# %itho$t altering the form or s$bstance of the property leased# the lessor $pon the termination of the lease shall pay the lessee one/half of the val$e of the improvements at that time. 8ho$ld the lessor ref$se to reimb$rse said amo$nt# the lessee may remove the improvements# even tho$gh the principal thing may s$ffer damage thereby. )e shall not# ho%ever# ca$se any more impairment $pon the property leased than is necessary. 7ith regard to ornamental expenses# the lessee shall not be entitled to any reimb$rsement# b$t he may remove the ornamental ob+ects# provided no damage is ca$sed to the principal thing# and the lessor does not choose to retain them by paying their val$e at the time the lease is exting$ished. (n Art. 161!. "f nothing has been stip$lated concerning the place and the time for the payment of the lease# the provisions or Article 1.51 shall be observed as regards the place9 and %ith respect to the time# the c$stom of the place shall be follo%ed. (151&

Art. 1683. -he o$tgoing lessee shall allo% the incoming lessee or the lessor the $se of the premises and other means necessary for the preparatory labor for the follo%ing year9 and# reciprocally# the incoming lessee or the lessor is $nder obligation to permit the o$tgoing lessee to do %hatever may be necessary for the gathering or harvesting and $tili=ation of the fr$its# all in accordance %ith the c$stom of the place. (1518a Art. 168&. ;and tenancy on shares shall be governed by special la%s# the stip$lations of the parties# the provisions on partnership and by the c$stoms of the place. (151!a Art. 1685. -he tenant on shares cannot be e+ected except in cases specified by la%. (n S,e*ial -ro.isions of the Lease of Urban Lands Art. 1686. "n defa$lt of a special stip$lation# the c$stom of the place shall be observed %ith regard to the *ind of repairs on $rban property for %hich the lessor shall be liable. "n case of do$bt it is $nderstood that the repairs are chargeable against him. (158'a Art. 1681. "f the period for the lease has not been fixed# it is $nderstood to be from year to year# if the rent agreed $pon is ann$al9 from month to month# if it is monthly9 from %ee* to %ee*# if the rent is %ee*ly9 and from day to day# if the rent is to be paid daily. )o%ever# even tho$gh a monthly rent is paid# and no period for the lease has been set# the co$rts may fix a longer term for the lease after the lessee has occ$pied the premises for over one year. "f the rent is %ee*ly# the co$rts may li*e%ise determine a longer period after the lessee has been in possession for over six months. "n case of daily rent# the co$rts may also fix a longer period after the lessee has stayed in the place for over one month. (1581a Art. 1688. 7hen the lessor of a ho$se# or part thereof# $sed as a d%elling for a family# or %hen the lessor of a store# or ind$strial establishment# also leases the f$rnit$re# the lease of the latter shall be deemed to be for the d$ration of the lease of the premises. (158.

850-"(: 3. / 8pecial 3rovisions for ;eases of 2$ral ;ands Art. 168'. -he lessee shall have no right to a red$ction of the rent on acco$nt of the sterility of the land leased# or by reason of the loss of fr$its d$e to ordinary fort$ito$s events9 b$t he shall have s$ch right in case of the loss of more than one/half of the fr$its thro$gh extraordinary and $nforeseen fort$ito$s events# save al%ays %hen there is a specific stip$lation to the contrary. 5xtraordinary fort$ito$s events are $nderstood to be4 fire# %ar# pestilence# $n$s$al flood# loc$sts# earth,$a*e# or others %hich are $ncommon# and %hich the contracting parties co$ld not have reasonably foreseen. (1515 Art. 1681. :either does the lessee have any right to a red$ction of the rent if the fr$its are lost after they have been separated from their stal*# root or tr$n*. (1516 Art. 168.. -he lease of a piece of r$ral land# %hen its d$ration has not been fixed# is $nderstood to have been for all the time necessary for the gathering of the fr$its %hich the %hole estate leased may yield in one year# or %hich it may yield once# altho$gh t%o or more years have to elapse for the p$rpose. (1511a