Simple or conditional; Limited or unlimited as to the time of performance'; Disjunctive or alternative; In relation to the parties, joint, several, or in solido; In their nature, divisible or indivisible; As to their form, penal or not penal. Each of these divisions forms the subject of a different section of this chapter. SECTION II. Of strictly Personal, Heritable and Real Obligations. ART. 1992.-An obligation in strictly personal, when none but the obligee can enforce the performance, or when it can be enforced only against the obligor. It is heritable, when the heirs and assigns of the one party may enforce the performance against the heirs of the other. It is real, when it is attached to real property, and passes with it into whatever hands it may come, without making the third possessor personally responsible. ART. 1993.-An obligation may be personal as to the obligee, and heritable as to the obligor, and it may in like manner be heritable as to the obligee, and personal as to the obligor. ART. 1994.-Every obligation shall be deemed to be heritable as to both parties, unless the contrary be specially expressed, or necessarily implied from the nature of the contract. ART. 1995.-The obligation shall be presumed to be personal on the part of the obligor, whenever, in a contract to do, he undertakes to perform any thing that requires his personal skill or attention; in this case, if that, which was to be done, was not solely and exclusively for the use or gratification of the obligee, the obligation, although personal as to the obligor, will be heritable against the heirs of the obligee for the equivalent to be paid or given for that which was to be done. ART. 1996.-The obligation shall be presumed to be personal as to the obligee, in a contract to do or to give, when that which was to be done or given, was exclusively for the personal gratification of the obligee, and could produce no benefit to his heirs. ART. 1997.-In case of obligations purely personal as to the obligor, if he have received an equivalent that can be appreciated in money as a consideration, but dies before performance his obligation, his heirs may be obliged to restore it or its value. ART. 1998. In like manner, if the obligation be purely personal as to the obligee who dies before performance, his heirs may recover from the obligor the value of any equivalent he may have received. ART. 1999.-An obligation to pay an annuity to a certain person during the life of the obligor, is personal as to both, and is extinguished by the death of either. ART. 2000.-A merely personal obligation to do, imposed by testament as the condition on which a legacy is to take effect, is void, if the legatee die before performance, or before he has been put in default, and the legacy will take effect. ART. 2001.-But if what is to be done, be a thing that can as well be done by the heirs of the legatee as by him, the obligation shall be heritable, and they must perform it before the legacy can take effect. The provisions of this and the preceding article relate only to testamentary dispositions. ART. 2002.-All contracts for the hire of labour, skill or industry, without any distinction, whether they can be as well performed by any other as by the obligor, unless there be some special agreement to the contrary, are considered as personal on the part of the obligor, but heritable on the part of the obligee. Contracts of mandate and partnership are mutually personal. ART. 2003. Heritable obligations and stipulations give to and impose upon heirs, assigns, and other representatives, the same duties and rights that the original parties had and were liable to, except that beneficiary heirs can only be liable to the amount of the succession. ART. 2004.-All rights, acquired by an heritable obligation, may be assigned; this assignment may be made, expressly by contract granting such right, or impliedly by the conveyance of the property to which they are attached. ART. 2005.-When obligations are attached to real property, they form the third branch of the first division of obligations of this chapter, and are called real obligations. ART. 2006.-Not only the obligation, but the right resulting from a contract relative to real property, passes with the property. Thus, the right of servitude in favour of real property, passes with it, and thus also the heir or other acquirer will have the right to enforce a contract made for the improvement of the property by the person from whom he acquired it. ART. 2007.-Real obligations may be created in three ways: 1. By the alienation of real property, subject to a real condition, either expressed or implied by law; 2. By alienating to one person the real property, and to another, some real right to be exercised upon it; 3. By the creation of a right of mortgage upon it. All those contracts give rise to obligations purely real on the part of those who acquire the land, under whatever species of title they possess it ; they are not personally liable, but the real property is, and by abandoning it to the obligee, they relieve themselves from all responsibility. A sale subject to a rent charge, or to a right of redemp tion as consideration of the sale, are examples of the first kind of obligations; servitudes, the right of use and habitation and usufruct, are examples of the second; and the several kinds of mortgages, and the creation of a rent charge, of the third. ART. 2008.-The real obligation, created by condition annexed to the alienation of real property, is susceptible of all the modifications that the will of the parties can suggest, except such as are forbidden by law. These conditions are either conditions precedent, which suspend the operation of the contract until they are performed, or subsequent and resolutory, which, unless they are performed, annul the contract. These will be more fully defined in the section which treats of conditional obligations. ART. 2009.-There are also conditions implied by law, which create a legal obligation, such as the obligation to pay the price to the seller, and to furnish roads to the public. ART. 2010.-Not only servitudes, but leases and all other rights, which the owner had imposed on his land before the alienation of the soil, form real obligations which accompany it in the hands of the person who acquires it, although he have made no stipulation on the subject, or they be not mentioned in the act of transfer. The purchaser may, if the circumstances permit it, have relief against the seller for concealment of such charges; but the law establishes the rule, that no one can transfer a greater right than he himself has, except, where the neglect of some formality required by law has subjected the owner of the real incumbrance to a loss of his right, in favour of a creditor or bona fide purchaser. ART. 2011.-The several kinds of mortgages which create a real obligation, and the rules to which they are subject, will be found in the corresponding title of this book. ART. 2012.-Arent charge, created by way of condi tion to the alienation of the property, has been herein before explained. But a rent charge may be created and imposed on particular property, independent of any alienation of it, for the security or extinguishment of a debt; and it may be perpetual or temporary, and, in either case, forms a real obligation, which passes with the land. ART. 2013.-By the constitution of rent charge, the possession of the property does not pass to the obligee, it is merely a designation of the property, which is subject to the obligation; should the possession be delivered, it becomes another species of contract called antichresis, the rules relative to which are found under the proper head. ART. 2014. Considered with respect to those who have contracted them, some real obligations are also personal, such are those created by mortgage for the payment of a debt. Others are strictly real, both as to the contracting party and his heirs or other successors. A mortgage given to secure the debt of another, without any obligation of personal responsibility, is an example of this latter kind. But no real obligation is personal, as to a subsequent possessor of the property on which it is created, unless he has made it such by his own act. SECTION III. Of Simple and Conditional Obligations. SI. General Provisions. ART. 2015. Simple obligations are such as are not dependent for their execution on any event provided for by the parties, and which are not agreed to become void, on the happening of any such event. ART. 2016.-Conditional obligations are such as are |