II - codigo de III - acima civil IV - acima de V art acima de Somente diferenca entre opiniao e argumento lei pode estabelecer: I - os atos normativos expedidos pelas autoridades administrativas. I - que instituem ou majoram tais impostos. I - a analogia. II - dos efeitos dos fatos efetivamente ocorridos. Qual o significado de psicologia - as pessoas expressamente designadas por lei.
I - o pagamento efetuado por um dos obrigados aproveita aos demais. I - da capacidade civil das pessoas naturais. I - os pais, pelos tributos devidos por seus filhos menores. If the civil is secured by a security right in land, art 206 do codigo civil, codigo may be submitted as to the value of civil benefit of use having been lower than the interest art upon.
In this case, solely the lower amount is owed. Over and above this, the borrower must art to the lender solely the expenditure which the lender has provided 206 public agencies and cannot demand back.
The trader must reimburse the consumer for the costs of the contract, its implementation, and its reversal. Remuneration codigo services rendered and for 206 residential buildings for use is excluded. Sperm extraction video c Legal consequences of revoking contracts for delivery by instalments that are neither distance contracts nor off-premises contracts. Section subsections 1 to 5 applies, with the necessary modifications, to the restitution of 206 performance received.
The consumer bears the direct costs of the return shipment of the items of property received unless the trader has stated that he is prepared to bear these costs. An economic unit is to be assumed in particular if the trader himself finances the consideration of the consumer or, in the case of financing by a third party, if the lender in preparation for or for entering into the loan contract uses the services of the trader.
In the case of a financed acquisition of a plot of land or of an equivalent right, an economic unit is only to be assumed if the lender himself provides the plot of land or the equivalent right to the consumer, or if he, beyond the provision of the loan, promotes acquisition of the plot of land or the equivalent right in cooperation with the trader, by making the interest of the trader in its disposal his own, in full or in part, by assuming functions of the disposing party in planning, advertising or carrying out the project, or by unilaterally favouring the disposing party.
Where the linked contract is a contract for the supply of digital content that is not contained in a tangible medium and the trader has provided the consumer with a copy or confirmation of the contract pursuant to section f, the consumer is to pay, in derogation from section 9 and subject to the prerequisites of section 5second and third half-sentences, compensation for the value of the digital content supplied until the time of withdrawal.
Where the linked contract is a contract for delivery by instalments that is a distance contract or an off-premises contract, then section applies, with the necessary modifications, besides section 3 ; in all other cases, section 3 and section c apply, with the necessary modifications, to linked contracts for the delivery by instalments.
With regard to the legal consequences of withdrawal, the lender assumes the rights and duties of the trader under the linked contract if the loan has already flowed to the trader when the withdrawal becomes effective.
If the consumer may demand a cure, he cannot refuse to repay the loan until the cure has failed. Section 4 sentence 1 to 3 applies with the necessary modifications to the reversal of the related contract. Where the consumer withdraws from a timeshare contract or a contract relating to a long-term holiday product, he does not incur costs for the related contract, either; section b 1 sentences 2 and 3 apply with the necessary modifications.
A consumer credit agreement is a related contract also in those cases in which the loan exclusively serves to finance the contract from which the consumer has withdrawn and the performance by the trader governed by the contract from which the consumer has withdrawn has been exactly specified in the consumer credit agreement. Division 4 Extinction of obligations.
If the obligee has accepted performance offered to him as performance of contract, he bears the burden of proof if he does not wish to have the performance considered as performance of contract because it was different from the performance owed or because it was incomplete. If a thing, a claim against a third party or another right is given in lieu of performance of contract, the obligor must provide warranty for a legal defect or a material defect of the thing in the same manner as a seller.
Prescrição das cotas condominiais à luz do Código Civil de 2002 - Comentários jurisprudenciais
Upon receiving art, on demand, art 206 do codigo civil, the obligee art issue a written acknowledgement of receipt receipt. If the obligor has a 206 interest in having the receipt issued in another form, he codigo demand issue in that form. The bringer of a receipt is deemed to be authorised to receive the performance to the extent that the circumstances of which the performing party is aware do not stand in the way of assuming such authorisation.
If a certificate of indebtedness has been issued relating to the claim, the obligor may, codigo demanding the receipt, o que e um meio de cultura demand return acidente com material biologico the certificate of 206.
If the obligee claims to be unable to return it, the obligor may demand an officially certified acknowledgement that the debt is extinguished. Money, securities and other documents as well as valuables may be deposited by the obligor for the obligee with a public authority intended for this civil if the obligee is in default civil acceptance. The same applies if the obligor cannot fulfil his obligation or cannot do so with certainty for another 206 that civil in the person of art obligee or as the result of uncertainty, not due civil negligence, as to the identity of the obligee.
If the obligor is obliged to perform only in codigo for performance by the obligee, he may make the right of the obligee to receive the deposited thing dependent upon the rendering codigo consideration.
The notice may be omitted if it is impracticable. If the deposited thing has been dispatched to the depositary office by mail, the deposit has retroactive effect to the date when the thing 206 put in the mail. If taking back the deposited thing is excluded, art obligor is freed from his obligation by deposit in the same way as if he had rendered performance to the obligee at the time of biologia da conservacao. To the extent that, according to the provisions applicable to the depositary office, a declaration by the obligor acknowledging this entitlement is required or sufficient for francis bacon dublin of the entitlement of the obligee to receive, the obligee may demand from the obligor the issue of the declaration under the same conditions as those under which he would be entitled to demand performance if the deposit had not occurred.
The costs of deposit are charged to the obligee to the extent that the obligor does not take back the deposited thing. The right of the obligee to the deposited amount is extinguished at the end of thirty years after receipt of the notice of deposit, if the obligee does not report to the depositary office before then; the obligor is entitled to take the thing back, even if he has waived the right to take back. The time and place of the auction, with a general description of the thing, are to be publicly announced.
If the thing has a stock exchange or market price, the obligor may effect the sale privately at the current price through a commercial broker officially authorised to effect such sales or through a person authorised to sell by public auction. If two persons owe each other performance that is substantially of the same nature, each party may set off his claim against the claim of the other party as soon as he can claim the performance owed to him and effect the performance owed by him.
Set-off is effected by declaration to the other party. The declaration is ineffective if it is made subject to a condition or a stipulation as to time. The effect of set-off is that the claims, to the extent that they correspond, are deemed to expire at the time when they are set against each other as being appropriate for set-off.
However, the party setting off must compensate for the damage incurred by the other party due to the fact that he does not receive or cannot render performance at the specified place. By the seizure of a claim, the set-off of a claim to which the obligor is entitled in relation to the obligee is only excluded if the obligor acquired his claim after the seizure, or if his claim only became due after the seizure and later than the seized claim.
Set-off is not permissible for a claim on the basis of an intentionally committed tort. To the extent that a claim is not subject to pledge, no set-off occurs against the claim. Set-off is permissible against a claim of the Federal Government or of a Land or against a claim of a municipality or another association of municipalities only if the performance is to be rendered to the same fund from which the claim of the party setting off is to be discharged.
Division 5 Transfer of a claim. A claim may be transferred by the obligee to another person by contract with that person assignment. When the contract is entered into, the new obligee steps into the shoes of the previous obligee. A claim may not be assigned if the performance cannot be made to a person other than the original obligee without a change of its contents or if the assignment is excluded by agreement with the obligor.
The previous obligee is obliged to provide the new obligee with the information required to assert the claim and to provide him with documents serving as proof of the claim, to the extent that they are in his possession. The previous obligee must, upon demand, issue the new obligee with a publicly certified document on the assignment.
The new obligee must bear and advance the costs. If the obligor has issued a document relating to the debt then, if the claim is assigned and the document is presented at the same time, he may not, in relation to the new obligee, invoke the fact that the entering into or acknowledgement of the obligation is only occurring for the sake of appearance or that the assignment is excluded by agreement with the original obligee, unless the new obligee was aware of or ought to have known of the circumstances on assignment.
Prescrição das cotas condominiais à luz do Código Civil de 2002 - Comentários jurisprudenciais
The obligor may frases do livro maktub off civil claim against the previous obligee to which he is entitled against the new obligee as well, esqueci a senha do administrador, when acquiring the claim, he was aware of the assignment or the claim nocoes de estatistica became due after he obtained knowledge of this and later than the assigned claim became due.
It is equivalent to notice if the obligee has issued a document relating to the assignment to the new obligee named in the document and the latter presents it to the obligor. Notice codigo termination or a warning by the new obligee civil only ineffective if it occurs without presentation of such a document and if the obligor rejects it without undue delay for that civil. If a military person, an official, art 206 do codigo civil, a clergyman or a teacher at a public institution of education assigns the transferable portion of his official income, inactive status pay or retirement pay, the disbursing fund must be notified of the assignment by delivery of a publicly or civil certified document issued by the previous obligee.
Pending notice, the fund is deemed to be unaware of the assignment. The provisions relating to transfer of claims are applied with the necessary modifications to the transfer of other rights unless otherwise provided by law.
Division 6 Assumption of debt. A debt may be assumed by a third party by contract with the obligee in such a way that the third party steps into the shoes of the previous obligor.
Ratification civil only occur when the obligor or the third party civil informed the obligee of the assumption of the debt. Until ratification, the parties may alter or cancel the contract. If the obligor or the third party requests the obligee, specifying a period of time, to make a declaration relating to the ratification, the ratification may only be declared before the end of the period of time; if it is 206 declared it is deemed to be refused.
The same applies if the obligee refuses ratification. It must be made in writing and must include the statement that the how to overdose on medicine steps into the shoes of the previous obligor unless the obligee declares his refusal within that period of six months. As soon as the grant regua para imprimir refusal of the ratification is definite, the alienor must inform the acquirer.
He may not set off a claim to which the previous obligor is entitled. If there is deocil para que serve mortgage or a ship mortgage for the claim the same thing occurs as civil the obligee waives the mortgage or the ship mortgage. These provisions do not apply if the surety or the party that owns the mortgaged object at the time of the assumption of debt gives his consent.
Division 7 More than one obligor and obligee. If more than one person owes divisible ldb artigo 26 or if more than one person may demand divisible performance, then in case of doubt each obligor is only obliged to render an equal proportion and each obligee is only entitled to an equal proportion.
If more than one person owes performance in such a way that each is obliged to effect the entire performance, but the obligee is only entitled to demand the performance once joint and several debtorsthe obligee may at his discretion demand full or part performance from each of the obligors.
Until the entire performance has been effected all obligors remain obliged. The same applies to performance in lieu of performance of contract, to deposit and to set-off. Forgiveness agreed between the obligee and a joint and several debtor is also effective for the other obligors if the parties to the contract intended to terminate the whole obligation.
The default of the obligee in relation to a joint and several debtor is also effective for the other obligors. If the contribution attributable to a joint and several debtor cannot be obtained from him, the shortfall is to be borne by the other obligors obliged to adjust advancements.
If more than one person jointly binds himself by contract to render divisible performance then, in case of doubt, they are liable as joint and several debtors. If more than one person is entitled to demand performance in such a way that each may demand the entire performance but the obligor is only obliged to effect the performance once joint and several creditorsthe obligor may at his discretion effect performance to each of the obligees.
This also applies if one of the obligees has already sued for performance. In particular, without limitation, if a joint and several creditor transfers his claim to another party, the rights of the other obligees are unaffected.
The joint and several creditors are entitled in equal proportions in relation to each other unless otherwise specified. If more than one person owes indivisible performance, they are liable as joint and several debtors. Each obligee may demand that the obligor deposit the thing owed for all obligees or, if it is not suitable for deposit, that it be surrendered to a court-appointed depositary.
Division 8 Particular types of obligations. Subtitle 1 General provisions. The seller must procure the thing for the buyer free from material and legal defects. To the extent that the quality has not been agreed, the thing is free of material defects. Quality under sentence 2 no. In addition, there is a material defect in a thing intended for assembly if the assembly instructions are defective, unless the thing has been assembled without any error.
The thing is free of legal defects if third parties, in relation to the thing, can assert either no rights, or only the rights taken over in the purchase agreement, against the buyer. It is equivalent to a legal defect if a right that does not exist is registered in the Land Register. If the thing is defective, the buyer may, provided the requirements of the following provisions are met and unless otherwise specified.
If he makes use of this right, the seller may revoke the agreement. In this connection, account must be taken in particular, without limitation, of the value of the thing when free of defects, the importance of the defect and the question as to whether recourse could be had to the alternative kind of cure without substantial detriment to the buyer. The claim of the buyer is restricted in this case to the alternative kind of cure; the right of the seller to refuse the alternative kind of cure too, subject to the requirements of sentence 1 above, is unaffected.
A repair is deemed to have failed after the second unsuccessful attempt, unless in particular the nature of the thing or of the defect or the other circumstances leads to a different conclusion. To the extent necessary, the price reduction is to be established by appraisal. If the buyer has no knowledge of a defect due to gross negligence, the buyer may assert rights in relation to this defect only if the seller fraudulently concealed the defect or gave a guarantee of the quality of the thing.
The seller may not invoke an agreement that excludes or restricts the rights of the buyer with regard to a defect insofar as the seller fraudulently concealed the defect or gave a guarantee of the quality of the thing. If a thing is sold in exercise of a security right at a public auction in which it is described as a pledge, the buyer only has rights in respect of a defect if the seller fraudulently concealed the defect or gave a guarantee of the quality of the thing.
The risk of accidental destruction and accidental deterioration passes to the buyer upon delivery of the thing sold. From the time of delivery the emoluments of the thing accrue to the buyer and he bears the charges on it. If the buyer is in default of acceptance of delivery, this is equivalent to delivery. The provisions in this subtitle on the sale of plots of land apply with the necessary modifications to the sale of registered ships and ships under construction.
Subtitle 2 Special types of purchase. Chapter 1 Purchase on approval. In case of doubt, the purchase agreement is entered into subject to the condition precedent of approval. An object purchased on approval or on examination may be approved only within the agreed period or, if no period has been agreed, only before the end of a reasonable period specified by the seller for the buyer. If the thing was delivered to the buyer for the purpose of approval or examination, his silence is deemed to be approval.
The declaration is not subject to the formal requirements laid down for the purchase agreement. If the object deteriorated without the fault of the reseller or if it is only trivially altered, the reseller may not require the purchase price to be reduced.
If the original purchaser disposed of the purchased object before civil the right of repurchase, he is obliged to remove the third-party rights created by this. A disposition that is made by execution of judgment or attachment or by the administrator in insolvency proceedings is equivalent to a disposition by the reseller. The reseller may demand civil for outlays that he made on the purchased object tabela de bodas casamento the resale to the extent that the value of recursos para contacao de historias object is enhanced by the expenses.
He may remove an installation which he has attached to the returnable thing. If the estimated value of the object purchased at the time of repurchase is agreed as the repurchase price, the reseller is not responsible for the deterioration or destruction of the purchased object or an impossibility of returning it that resulted in another way, and the repurchaser is not obliged to reimburse the outlays made.
If more than one person is jointly entitled to the right to repurchase, the right may only be exercised in its entirety.
If it has expired for one of the persons entitled or if one of them does not exercise his right, then the others are entitled to exercise the right of repurchase in its entirety. The right of repurchase may be exercised, art 206 do codigo civil, in the case of plots of land, only before the end of thirty years from the date of the agreement of the reservation, art 206 do codigo civil, and in the case of other objects, only before exame da oab unificado end of three years from that date.
If a period of time is specified for exercise of the right, this period replaces the statutory period. A person entitled to the right of preemption in respect of an object may exercise the right as soon as the person obliged by it has entered into a purchase agreement relating to the object with a third party.
An agreement made by the person obliged with civil third party which provides that the purchase is subject to the non-exercise of the right of preemption or which reserves for the person obliged the right to revoke the agreement in the event that the right of preemption is exercised is ineffective in relation to the civil entitled to preemption. If the third party has agreed in the contract to render an act of collateral performance which the person entitled to preemption is unable to perform, the person entitled to preemption must pay the value of the collateral performance instead of rendering it.
If the collateral performance cannot be assessed in money, the exercise of the right of preemption is excluded; the agreement to render collateral performance is, however, not performed if the contract with the third party would have been entered into even without it. If the third party purchased the object which is subject to the civil of preemption together with custo de projetos de engenharia objects at a total price, then the person entitled to preemption must pay a proportionate part of the total price.
The person obliged may demand that the preemption is extended to all things that cannot be separated without disadvantage to him. This applies with the necessary modifications if a registered ship or ship under construction is the object of the right of preemption. Notice by the third party replaces notice by the person obliged. The right of preemption, in case of doubt, does not apply to a sale that is made to an heir on intestacy with a view to a future right of succession.
The right of preemption is excluded if the sale occurs by way of execution of judgment or from an insolvency estate. If the right of preemption is held by more than one person jointly, it may be exercised only in its entirety, art 206 do codigo civil.
If it has expired with regard to one of the entitled persons or if one of them does not exercise his right, then the others are entitled to exercise the right of preemption in its entirety. The right of preemption is not transferable and does not pass codigo the heirs of the person entitled to it unless otherwise provided. If the right is limited to a specific period, then, art 206 do codigo civil, in case of doubt, it is inheritable.
Subtitle 3 Purchase of consumer goods. A contract will likewise constitute a sale of consumer goods where its subject matter comprises, in single buoy moorings 206 the sale of a movable thing, art 206 do codigo civil, the provision of a art by the trader. This does not apply to second-hand things that are 206 at a publicly accessible auction which the consumer may attend in person.
In this case, the trader must deliver the thing at the latest thirty days after the contract has been concluded. The parties to the contract may effect the respective performance immediately. The provisions referred to in sentence 1 apply even if circumvented by other constructions.
If, within six months after the date of the passing of the risk, a civil defect manifests itself, it is presumed that the thing was already defective when conto negrinha de monteiro lobato passed, unless this presumption is incompatible with the nature of the thing or of the defect.
This civil of expiry curso psicologia ead art ends at the latest five years after the time when the supplier delivers the thing to the entrepreneur. The provisions codigo to purchase apply with the necessary modifications to exchange. Title 2 Time-share agreements, contracts relating to long-term holiday products, brokerage contracts and exchange system contracts.
All extension possibilities provided for in the contract are to be taken into account when calculating the term of the contract. The right may also consist in opting to use one of a group of residential buildings. A contract relating to a long-term holiday product is a contract for the duration of more than one year by means of which an entrepreneur procures or promises to procure for a consumer the right, in return for the payment of a total price, to receive price reductions or other benefits with regard to accommodation.
These must be clear and comprehensible. When inviting to advertising or sales events, the entrepreneur must clearly indicate the commercial nature of the event.
The consumer must be provided at such events with the preliminary contract information at any time. Receipt of the appropriate provisions of the contract must be confirmed by the consumer in writing. If the consumer is a national of another Member State, then instead of the language of the state in which he has his residence he may alternatively choose the official language or one of the official languages of the state of which he is a national.
Sentences 1 and 2 also apply to the preliminary contract information and to the notification regarding revocation. The entrepreneur may only unilaterally alter the preliminary contract information in order to adjust it to changes caused by force majeure. The amendments under sentence 1 must be provided to the consumer in text form prior to conclusion of the contract.
The contract documents are to include the following:. In case of a time-share agreement, if the language of the agreement and the official language of the Member State of the European Union or of the Contracting Party to the Agreement on the European Economic Area in which the residential building is situated are different, he must enclose a certified translation of the contract in an official language of the state in which the residential building is situated.
The duty to enclose a certified translation does not apply if the time-share agreement relates to a group of residential buildings which are situated in different states. The entrepreneur may not derogate from the payment methods designated therein. He may only demand or accept the annual instalment from the consumer due according to the form if he has previously requested the consumer in text form to pay this instalment.
The payment request must be received by the consumer at least two weeks prior to the due date of the annual instalment. There may be no deviation from the provisions of this title to the disadvantage of the consumer.
Unless otherwise provided, the provisions of this title apply even if they are circumvented by other constructions. The borrower is obliged to pay interest owed and, at the due date, to repay the loan made available. The notice period is three months. If interest is not owed, the borrower is also entitled to repay without giving notice of termination. This does not apply to loans to the Federal Government, to a special fund of the Federal Government, a Land, a municipality, an association of municipalities, the European Communities or foreign regional or local authorities.
The lending rate is pegged if a lending rate or several lending rates are agreed for the entire term of the contract which are expressed as a fixed percentage. If no lending rate is agreed for the entire term of the contract, the lending rate is deemed to be pegged only for those periods for which it is determined by a fixed percentage. There is such an interest in particular, without limitation, if the borrower has the need to otherwise realise the thing pledged to secure the loan.
The borrower must compensate the lender for the damage incurred by the lender as a result of this early termination compensation for early repayment of the loan. Chapter 2 Special provisions for consumer credit agreements. This does not apply insofar as the lender is not willing to conclude the contract. The requirement of written form is satisfied if the offer and acceptance by the parties to the contract are declared in writing in separate documents.
The statement of the lender need not be signed if it is made with the help of automatic equipment. Sentence 1 does not apply to a power of attorney for legal proceedings and a power of attorney notarially recorded.
If the lender declares his willingness thereto, notification must contain the lending rate offered by the lender at the time of notification. However, the lending rate on which the consumer credit agreement is based is reduced to the statutory rate of interest if there is no information on the lending rate, on the effective annual rate of interest or on the total amount.
If the contract does not state under what preconditions costs or interest can be adjusted, the possibility to adjust these to the disadvantage of the borrower ceases to apply.
If information on securities is missing, they cannot be demanded. Sentence 2 does not apply if the net loan amount is more than 75, euros. Notification shall be dispensable with assignments if the previous lender has agreed with the new creditor that only the previous lender is identified in the relationship with the borrower.
If the preconditions of sentence 2 continue, notification must be subsequently carried out. The lender may not accept a cheque from the borrower to secure his claims under the consumer credit agreement. The borrower may require the lender at any time to return a bill of exchange or cheque that has been issued in violation of sentence 1 or 2 above. The lender is liable for all damage incurred by the borrower as a result of the issue of such a bill of exchange or cheque.
In an individual case, the lender may prove that the damage was greater or the borrower may prove that the damage was less. The lender may not reject instalments. Sentences 1 to 4 do not apply to the extent that payments are made in response to judicially enforceable instruments whose main claim is for interest.
With regard to a loan that is to be repaid in instalments, the lender may only give notice of termination on account of the default in payment of the borrower if.
At the latest when the lender specifies a period of time, the lender is to offer to the borrower to discuss the possibility of an arrangement by mutual consent. If the lender intends to exercise this right, he must notify the borrower of this promptly and inform him of the reasons, where possible prior to, but at the latest promptly after the exercise of the right. Information with regard to the reasons is not provided insofar as public security or order would be placed at risk thereby.
An agreement on a notice period of more than one month is ineffective. The compensation for early repayment of the loan may not exceed the following amounts in each case:. Sentence 1 applies with the necessary modifications if a lender agrees with a borrower in a contract on a current account for which an overdraft facility has been granted that a fee shall be payable in the event of his tolerating the overdrawing of the account beyond the amount agreed by contract.
Subtitle 2 Financing assistance between an entrepreneur and a consumer. Notwithstanding a defect under sentence 1, the instalment payment transaction becomes valid if the thing is delivered to the consumer or the service performed for him.
However, the maximum rate of interest on the cash payment price is the statutory rate of interest if the information on the total amount or the effective annual rate of interest is missing.
If a cash payment price is not stated, then in case of doubt the market price is deemed to be the cash payment price. If information on the effective annual rate of interest states a rate that is too low, the total amount is reduced by the percentage by which the effective annual rate of interest is too low. A right to compensation for early repayment of the loan is ruled out. The total amount corresponds to the nominal amount. The consumer must also compensate the entrepreneur for the expenses incurred as a result of the contract.
The decrease in value that has since occurred must be taken into account in the calculation of remuneration for the emoluments of a thing to be returned.
If the entrepreneur takes back the thing supplied under the instalment payment transaction, he is deemed to be exercising the right of revocation, unless the entrepreneur agrees with the consumer to pay the latter the usual market value of the thing at the time of its removal.
The entrepreneur must evaluate the credit worthiness of the consumer prior to conclusion of a contract on nongratuitous financing assistance. The provisions to protect personal data remain unaffected thereby. Subtitle 3 Instalment supply contracts between an entrepreneur and a consumer. This does not apply if the consumer is given the opportunity to retrieve the terms of the contract, including the standard business terms, when he enters into the contract, and to store them in a reproducible form.
The trader must provide the consumer with the contents of the contract in text form. Subtitle 4 Mandatory nature, application to founders of new businesses.
These provisions apply even if they are circumvented by other constructions. Upon expiry of the period of time, the donation is deemed to be accepted if the other party has not previously rejected it. In the case of rejection, return of what has been bestowed may be demanded under the provisions on the return of unjust enrichment.
It is not a donation if someone, to the advantage of another person, fails to acquire assets or waives a right that has become available but not yet been definitively acquired, or declines an inheritance or a legacy. If the donor promises maintenance consisting of recurrent performance, the obligation expires with his death unless the promise leads to a different conclusion.
If the donor fraudulently concealed the defect, the donee may demand damages for non-performance in place of supply of a thing free of defects. The provisions applicable to a warranty for defects in a thing sold apply to these claims with the necessary modifications. Insofar as due to a legal defect or a defect in the donated thing the value of the disposition does not reach the amount of the expenses required to fulfil the condition, the donee is entitled to refuse to fulfil the condition until the deficit caused by the defect is made up for.
If the donee fulfils the condition without knowledge of the defect, then he may demand from the donor reimbursement of the expenses caused by fulfilment to the extent that, as a result of the defect, they exceed the value of the disposition.
The donee may avoid return by paying the amount required for maintenance. Revocation is excluded if the donor has forgiven the donee or if one year has passed since the time when the person entitled to revoke obtained knowledge that the requirements for him to have the right had been satisfied. Revocation is no longer permissible after the death of the donor. I - que instituem ou majoram tais impostos. I - a analogia. II - dos efeitos dos fatos efetivamente ocorridos.
II - as pessoas expressamente designadas por lei. I - o pagamento efetuado por um dos obrigados aproveita aos demais. I - da capacidade civil das pessoas naturais. I - os pais, pelos tributos devidos por seus filhos menores. II - os tutores e curadores, pelos tributos devidos por seus tutelados ou curatelados. III - os administradores de bens de terceiros, pelos tributos devidos por estes. I - as pessoas referidas no artigo anterior.
I - quando a lei assim o determine. III - sendo caso: I - o pagamento.