article 1371 du code civil
However, with respect to the donor, the substitute is deemed to have accepted where he is the child of the institute or where one of the co-substitutes has accepted the substitution.Revocation of a substitution with regard to the institute benefits the co-institute, if any; otherwise it benefits the substitute; revocation with regard to the substitute benefits the co-substitute, if any; otherwise it benefits the institute.The grantor may reserve for himself the right to determine the share of the substitutes or confer that right on the institute.The exercise of the right by the donor does not constitute a revocation of the substitution even if it has the effect of completely excluding a substitute from the benefit of the substitution.A foundation results from an act whereby a person irrevocably appropriates the whole or part of his property to the lasting fulfilment of a socially beneficial purpose.It may not have the making of profit or the operation of an enterprise as its essential object.The property of the foundation constitutes either an autonomous patrimony distinct from that of the settlor or any other person, or the patrimony of a legal person.In the first case, the foundation is governed by the provisions of this Title relating to a social trust, subject to the provisions of law; in the second case, the foundation is governed by the laws applicable to legal persons of the same kind.A foundation created by trust is established by gift or by will in accordance with the rules governing those acts.Unless otherwise provided in the act constituting the foundation, the property forming the initial patrimony of the trust foundation or any property subrogated or added thereto shall be preserved and allow for the fulfilment of the purpose, either by the distribution only of those revenues that derive therefrom or by a use that does not appreciably alter the substance of the patrimony.A trust results from an act whereby a person, the settlor, transfers property from his patrimony to another patrimony constituted by him which he appropriates to a particular purpose and which a trustee undertakes, by his acceptance, to hold and administer.The trust patrimony, consisting of the property transferred in trust, constitutes a patrimony by appropriation, autonomous and distinct from that of the settlor, trustee or beneficiary and in which none of them has any real right.A trust is established by contract, whether by onerous or gratuitous title, by will or, in certain cases, by law. The legal person must, in particular, see to it that the work necessary for the preservation and maintenance of the immovable is carried out.Divided co-ownership of an immovable that is built by an emphyteuta or that is subject to superficies may be established if the unexpired term of the right, at the time of publication of the declaration, is more than 50 years.In cases arising under the first paragraph, each co-owner, dividedly and proportionately to the relative value of his fraction, is liable for the divisible obligations of the emphyteuta or superficiary, as the case may be, towards the owner of the immovable subject to emphyteusis or superficies. Jahrhunderts galt der Code in Deutschland als sogenanntes „Rheinisches Recht“ daher weiter, insbesondere: They constitute proof of their content in favour of third persons in good faith.Third persons may refute the statements contained in a declaration, by any means.If the registration declaration of the partnership is incomplete, inaccurate or irregular or, despite a change having occurred in the partnership, no updating declaration has been filed, the partners are liable to third persons for the resulting obligations of the partnership; however, special partners who are not otherwise liable for the obligations of the partnership do not incur that liablity.A general or limited partnership shall, in the course of its activities, indicate its juridical form in its name or after its name.Failing such indication in an act concluded by the partnership, the court, in ruling on the action of a third person in good faith, may decide that the partnership and its partners are liable, with respect to that act, in the same manner as an undeclared partnership and its partners.Relations of partners between themselves and with the partnershipA partner is a debtor to the partnership for everything he promises to contribute to it.Where a person promises to contribute a sum of money and fails to do so, he is liable for interest from the day his contribution ought to have been made, subject to any additional damages which may be claimed from him.A contribution of property is made by transferring rights of ownership or of enjoyment and by placing the property at the disposal of the partnership.In his relations with the partnership, the person who contributes property is warrantor therefor, in the same manner as a seller towards a buyer, where the contribution consists in the ownership of property; he is warrantor therefor, in the same manner as a lessor towards a lessee, where the contribution consists in the enjoyment of property.In the case of property that would normally need to be renewed during the term of the partnership, a contribution consisting in enjoyment transfers ownership of the property to the partnership, subject to the obligation for it to return property of the same quantity, quality and value.A contribution consisting of knowledge or activities is owed continuously so long as the partner who undertook to make such a contribution is a member of the partnership; the partner is liable to the partnership for any profit he realizes from the contribution.Participation in the profits of a partnership entails the obligation to share in the losses.The share of each partner in the assets, profits and losses is equal if it is not determined by the contract.If the contract determines only each partner’s share of the assets, profits or losses, that determination is presumed to be made for all three cases.Any stipulation whereby a partner is excluded from participation in the profits is without effect.Any stipulation whereby a partner is exempt from the obligation to share in the losses may not be set up against third persons.A partner may not compete with the partnership on his own account or on behalf of a third person, or take part in an activity which deprives the partnership of the property, knowledge or activity he is bound to contribute to it; any profits arising therefrom belong to the partnership, without prejudice to the remedies it may pursue.A partner is entitled, if he was in good faith, to recover the amount of the disbursements he made on behalf of the partnership and to be indemnified for the obligations he contracted and for the losses he suffered in acting for the partnership.Where one of the partners is, on his own account, the creditor of a person who is also a debtor of the partnership, and the debts are equally due, the amounts he receives from the debtor shall be charged to both claims in proportion to their respective amounts.Where a partner has received his full share of a claim due to the partnership, and the debtor becomes insolvent, the partner is bound to remit to the partnership what he has received, even though he may have given an acquittance for his share.Each partner may use the property of the partnership, provided he uses it in the interest of the partnership, according to the property’s destination, and in such a way as not to prevent the other partners from using it as they are entitled.Each partner may also bind the partnership in the course of its activities, but the partners may oppose dealings before they are entered into or restrict the right of a partner to bind the partnership.A partner may, without the consent of the other partners, become a partner with a third person with respect to his share in the partnership, but he may not make him a member of the partnership without their consent.Within 60 days after becoming aware that a person who is not a member of the partnership has acquired the share of a partner by onerous title, any partner may exclude the person from the partnership by reimbursing him for the price of the share and the expenses he has paid.
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