until the uncertain period when the cane shall be fit to

cut.

ART. 2046.-The term differs from the condition, inasmuch as it does not suspend the engagement, but only retards its execution.

ART. 2047.-What is due only at a certain time, cannot be demanded before the expiration of the intermediate time; but what has been paid in advance, cannot be re-demanded.

ART. 2048.-The term is always presumed to be sti pulated in favour of the debtor, unless it result from the stipulation, or from circumstances, that it was also agreed upon in favour of the creditor.

ART. 2049.-Wherever there is a cession of property, either voluntary or forced, all debts due by the insolvent shall be deemed to be due, although contracted to be paid at a term not yet arrived; but in such case, a discount must be made of the interest at the highest conventional rate, if none has been agreed by the contract.

ART. 2050.—If a debt be contracted to be paid at a term, and security be given for the payment, if, from whatever cause, the security should fail, or be rendered insufficient, the creditor may, before the obligation is due, exact, either that good security be given, or that' the debt be immediately paid.

ART. 2051.-If the contract be to give good security, and a person be afterwards given as such security, who fails, the provision of the last preceding article takes effect; but when security is given of a determinate person, then there is no action given on the failure of the security.

ART. 2052. Where a term is given or limited for the performance of an obligation, the obligator has until sunset of the last day limited for its performance, to comply with his obligation, unless the subject of the contract cannot be done after certain hours of that day.

ART. 2053.-When the contract is to do the act in a certain number of days, or in a certain number of days after the date of the contract, the day of contract is not included in the number of days to be counted, and the obligor has until sunset of the last day of the number enumerated, for the performance of his contract, with the exception contained in the last preceding article.

ART. 2054. Where the obligation is not to do a thing, without a notice of a certain number of days, or until after so many days, neither the day of the contract, nor the day of its performance, are calculated.

ART. 2055.-Where the term, referred to by the contract, consists of one or more months, the parties, if they have not made any other explanation, shall be deemed to have meant months, in the order in which they stand in the calendar after the date of the obligation, and with the number of days such months respectively have.

ART. 2056.-Where the term, referred to in the contract, consists of one or more years, the calendar year shall be presumed to have been intended."

SECTION V.

Of Conjunctive and Alternative Obligations.

ART. 2057.-When several different things form the subject of a contract, it is either conjunctive or alternative.

ART. 2058.-A conjunctive obligation is one in which the several objects in it are connected by a copulative, or in any other manner which shows that all of them are severally comprised in the contract. This contract creates as many different obligations as there are different objects; and the debtor, when he wishes to discharge himself, may force the creditor to receive them separately. ART. 2059.-But if several things be comprehended in one general name in the contract, it is not conjunc

tive. The sale of a flock of sheep, or the stock on a farm, are examples of this exception.

ART. 2060.-Where a sum is promised to be paid at different instalments, a conjunctive obligation is created, and the payment may be severally paid or enforced. Rents, payable at fixed periods, come also under this rule.

ART. 2061.-But where the things, which form the subject of the contract, are separated by a disjunctive, then the obligation is alternative. A promise to deliver a certain thing, or to pay a specified sum of money, is an example of this kind of obligation.

ART. 2062.-The debtor in an alternative obligation, is discharged by the delivery of one of the two things that were comprised in the obligation.

ART. 2063.-The option belongs to the debtor, unless it has been expressly granted to the creditor.

ART. 2064.-The debtor may exonerate himself by delivering one of the two things promised, but he cannot force the creditor to receive a part of the one, and a part of the other.

ART. 2065.-The obligation is pure and simple, although contracted in an alternative manner, if one of the two things promised could not be the subject of the obligation.

ART. 2066.-The alternative obligation becomes pure and simple, if one of the things promised he destroyed, even through the fault of the debtor, and can no longer be delivered. The price of that thing cannot be offered in its stead.

If both the things be destroyed, and the debtor be in fault with regard to one of them, he must pay the price of that one which was destroyed the last.

ART. 2967.-When, in the cases provided for in the preceding article, the option was given by agreement to the creditor, either only one of the things is destroyed, and then, if it be without the fault of the debtor, the

creditor must have that one which remains; if the debtor be in fault, the creditor may demand the thing that remains, or the price of that which is destroyed.

Or both the things are destroyed, and then, if the debtor be in fault with regard to both, or even with regard to one of them alone, the creditor has his option to demand either of them.

ART. 2068.-If both the things be destroyed, without the fault of the debtor, and before he has delayed the delivery, the obligation becomes extinct.

ART. 2069.-The same principles apply to cases where there are more than two things comprised in the alternative obligation.

ART. 2070.-Where several alternative obligations are divided for their execution by different terms, there the election of one alternative for one of the terms, does not oblige the parties to make the same election for the others.

ART. 2071.-If an obligation or testamentary disposition be made to different obligees, or legatees, or heirs, in the alternative, such obligation shall be deemed to proceed from error in wording of the obligation or will, and shall be construed conjunctively.

SECTION VI.

Of several Obligations, joint Obligations, and Obligations in solido.

SI.

General Provisions.

ART. 2072.-Where there are more than one obligor or obligee named in the same contract, the obligation it may produce may be either several or joint or in solido, both as regards the obligor and the obligee.

ART. 2073.-Several obligations are produced, when

what is promised by one of the obligors, is not promised by the other, but each one promises separately for himself to do a distinct act. Such obligations, although they may be contained in the same contract, are considered as much individual and distinct as if they had been in different contracts, and made at different times.

ART. 2074.-In like manner, a contract may contain distinct obligations to perform different things in favour of several persons; the obligations in this case are several and unconnected, and each obligee has his separate and distinct remedy on the obligation created towards him individually.

ART. 2075.-When several persons join in the same contract to do the same thing, it produces a joint obligation on the part of the obligors.

ART. 2076.-When one or more persons make an obligation to several persons for the performance of something for the common benefit of all the obligees, it creates an obligation which is joint in favour of the obligees.

ART. 2077.—When several persons obligate themselves to the obligee by the terms in solido, or use any other expressions, which clearly show that they intend that each one shall be separately bound to perform the whole of the obligation, it is called an obligation in solido on the part of the obligors.

ART. 2078.-In like manner, when the obligor contracts expressly, or by using the technical words in solido, that he will give to either one, or to all of several obligees the right of enforcing the obligation against him, it creates an obligation in solido in favour of the obligees.