ART. 1870. [1864.]-When lesion is alleged to invalidate a partition or sale, the party alleging it must first prove the value of the property sold, in the state in which it was at the time of the contract, according to the usual terms of credit given on sales of property of that description. He must then show how much the price given was less than such value; but if the price given was paid at longer periods than those usually given on such sales, the interest for the time exceeding such usual credit must be deducted from such price; or, if the price was paid in shorter periods than those of such usual credit, then the interest for the time such payment has fallen short of the usual credit, shall be added to the price actually paid; and from a comparison of the price after these additions or deductions with the estimated value the court shall determine whether according to law applied to the circumstances of the case, there is a lesion sufficient to invalidate the contract.

C. C. 2594 (2572); 6 L. 762; 3 A. 569.

ART. 1871. [1865.]—In all questions of lesion the value of that which was the subject of the contract at the time of making it, is the rule by which the lesion is to be ascertained. Even in the case of minors, changes in value by subsequent events are not to affect the contract.

ART. 1872. [1866.]—If a minor should, at the time of the contract, declare himself of full age, it will be no bar to his obtaining relief against lesion.

C. C. 2224 (2221).

ART. 1873. [1867.]-A minor who is a banker, factor, trader, or artisan, is not relievable against lesion in contracts made for the purpose of his trade, or business, nor is he relievable against lesion in any of the stipulations of his marriage contract, if such contract be made with the consent and pursuant to the formalities in such case provided by law.

C. C. 376 (379), 1782 (1775), 1785 (1778), 2225 (2222), 2226 (2223); 15 L. 14; 2 R. 513; 2 A. 398.

ART. 1874. [1868.]-IIe is not relievable against obligations resulting from offenses or quasi offenses.

ART. 1875. [1869.]—A ratification made by a person of full age of any contract made during his minority, cures all defects arising as well from the want of the necessary formalities as from the want of a proper consideration. No action for nullity or lesion can be brought after such ratification.

6 R. 429; 2 A. 367; 15 A. 505, 506.

ART. 1876. [1870.]-Actions for lesion are limited to four years, to date from the time of the contract between the persons of full age, and from the age of majority in contracts of minors.

C. C. 1413 (1451), 3523 (3489), 3539 (3504), 3542 (3507), 3544 (3508); 3 A. 583; 12 A. 770; 15 A. 506.

ART. 1877. [1871.]-In actions brought for relief against a sale or partition made between persons of full age, or in a like action, brought for lesion only, in a sale made by a minor or on his account, the purchaser may elect either to rescind the sale, or to have it confirmed on paying the full value. But this election must be made within a period to be designated in an interlocutory decree, determining the true value and the terms on which the payment is to be made.

C. N. 1681; 3 A. 569.

ART. 1878. [1872.]-If the purchaser elect to rescind the sale, he must restore the property with all the profits received, or which he might have received from the property from the time of bringing suit; and the seller shall repay the purchase money which he has received, with interest from the same time, give up and cancel the securities given for such part, if any, as remains unpaid; and, moreover, pay for such improvements made by the purchaser as add a permanent value to the property, according to their value at the time of the rescission of the sale.

C. C. 2553 (2531); C. N. 1682; 6 L. 762.

ART. 1879. [1873.]-The purchaser, on his part, in case of rescission, is accountable for all injuries and dilapidations arising from his neglect or fault.

C. C. 2597 (2575).

ART. 1880. [1874.]-The judge in pronouncing the final decree, shall make compensation between the parties of their respective demands, and determine what balance shall be paid, and by which of the parties, according to the principles stated in the preceding articles.

§ XI.

GENERAL PROVISIONS APPLICABLE TO ERROR, VIOLENCE AND
FRAUD IN CONTRACTS.

ART. 1881. [1875.]-Engagements made through error, violence, fraud or menace, are not absolutely null, but are voidable by the parties, who have contracted under the influence of such error, fraud, violence or menace, or by the representatives of such parties.

C. C. 1819 (1813); C. N. 1117; 7 L. 498; 13 A. 8; 15 A. 268, 270. ART. 1882. [1876.]-They may be avoided either by exception to suits brought on such contracts, or by an action brought for that purpose.

C. P. 330, et seq. 343, 346.

SECTION 3.

Of the Object and Matter of Contracts.

ART. 1883. [1877.]—Every contract has for its object something which one or both of the parties oblige themselves to give, or to do, or not to do.

· C. C. 1779 (1772); C. N. 1126; 7 L. 498; 24 A. 591, 625.

ART. 1884. [1878.]-The mere use, or the mere possession of a thing, may be, as well as the thing itself, the object of a con

tract.

C. N. 1127.

ART. 1885. [1879.]-All things, in the most extensive sense of the expression, corporeal or incorporeal, movable or immovable, to which rights can legally be acquired, may become the object of contracts.

C. N. 1128; 17 L. 447.

ART. 1886. [1880.]-An obligation must have for its object something determinate, at least as to its species.

The quantity of a thing may be uncertain, provided it be capable of being ascertained.

C. N. 1129.

ART. 1887. [1881.]-Future things may be the object of an obligation.

One can not, however, renounce the succession of an estate not yet devolved, nor can any stipulation be made with regard to such a succession, even with the consent of him whose succession is in question.

C. N. 1130; 12 A. 436.

ART. 1888. [1882.]—Yet a future succession may become the object of a marriage contract; it may be stipulated that such succession shall be dotal or paraphernal, that it should be vested in real estate, or other covenants of the like nature, for the benefit of one of the parties or their children.

15 A. 569.

ART. 1889. [1883.]-No one can, by a contract in his own name, bind any one but himself or his representatives; but he may contract, in his own name, that another shall ratify or perform the stipulation which he makes, and in this case he shall be liable in damages, if the contract be not ratified or performed by the person for whose act he stipulates.

C. N. 1119, 1120, 1121, 1973, 2014; 11 L. 286; 18 A. 158; 20 A. 535. ART. 1890. [1884.]-A person may also, in his own name, make some advantage for a third person the condition or consideration of a commutative contract, or onerous donation; and if

such third person consents to avail himself of the advantage stipulated in his favor, the contract can not be revoked.

C. C. 1902 (1896), 2119 (2115); C. N. 1121; C. P. 35; 2 N. S. 672; 3 N. S. 607; 4 N. S. 527; 6 N S. 152; 5 L. 316; 9 R. 19; 1 A. 280, 372; 2 A. 940; 3 A. 129; 5 A. 225; 9 A. 195; 12 A. 512; 13 A. 551; 15 A. 547; 16 A. 126, 198, 328, 339, 418; 17 A. 204, 221; 22 A. 262; 24 A. 23.

ART. 1891. [1885.]—The object of a contract must be possible, by which is meant physically or morally possible. The possibility must be determined, not by the means or ability of the party to fulfill his agreement, but by the nature of the thing which forms the object of it.

C. C. 1965 (1960); 5 N. S. 409; 2 R. 163; 3 A. 203; 4 A. 145; 19 A. 234. ART. 1892. [1886.]—That is considered as morally impossible, which is forbidden by law, or contrary to morals. All contracts having such an object are void.

C. C. 11 (11), 12 (12), 1891 (1885), 1965 (1960); 3 A. 203; 4 A. 145, 519, 541; 5 A. 225, 693; 14 A. 601; 19 A. 234; 20 A. 158, 209.

SECTION 4.

Of the Cause or Consideration of Contracts.

ART. 1893. [1887.]—An obligation without a cause, or with a false or unlawful cause, can have no effect.

C. C. 19 (19), 1779 (1772), 1824 (1818); C. N. 1131; C. P. 19; 3 N. S. 205; 6 N. S. 217; 1 L. 288; 5 R. 101; 12 R. 302, 378; 1 A. 176, 192; 9 A. 324; 12 A. 217, 219, 770; 14 A. 168, 560; 15 A. 268, 270, 278, 353, 385, 401; 16 A. 217; 19 A. 328, 439; 20 A. 238, 282, 326; 21 A. 3, 5, 476, 626, 771; 22 A. 362; 23 A. 444; 24 A. 103. ART. 1894. [1888.]-An agreement is not the less valid, though the cause be not expressed.

C. C. 1900 (1894); C. N. 1132, 1133; 5 L. 72, 78; 6 L. 217; 10 L. 167; 1 A. 176, 192; 3 A. 230; 13 A. 25; 14 A. 378; 15 A. 41; 16 A. 366; 19 A. 328, 459.

ART. 1895. [1889.]-The cause is unlawful, when it is forbidden by law, when it is contra bonos mores (contrary to moral conduct) or to public order.

C. C. 2031 (2026); C. N. 1133; 3 N. S. 205; 5 N. S. 409; 6 N. S. 217; 1 L. 288; 2 R. 163; 12 R. 302; 12 A. 219; 14 A. 168, 605; 15 A. 353, 401; 16 A. 217 ; 19 A. 459; 20 A. 158, 165, 306; 21 A. 476; 23 A. 204, 227; 24 A. 23.

ART. 1896. [1890.]-By the cause of the contract, in this section, is meant the consideration or motive for making it; and a contract is said to be without a cause, whenever the party was in error, supposing that which was his inducement for contracting to exist, when in fact it had never existed, or had ceased to exist before the contract was made.

19 L. 140; 2 R. 163; 12 R. 302; 15 A. 268, 270.

ART. 1897. [1891.]-The contract is also considered as being without cause when the consideration for making it was something which, in the contemplation of the parties, was thereafter

expected to exist or take place, and which did not take place or exist. A gift in consideration of a future marriage is void by this rule, if the marriage do not take place.

C. N. 1132; 21 A. 508, 510.

ART. 1898. [1892.]-Where the consideration or cause of the contract really exists at the time of making it, but afterwards fails, it will not affect the contract, if all that was intended by the parties be carried into effect at the time. The destruction of property sold, after the sale is perfected, without the fault of the seller, is a case governed by this rule.

C. C. 2467 (2442); 19 A. 234; 20 A. 347; 21 A. 200.

ART. 1899. [1893.]-But, if the contract consist of several successive obligations to be performed at different times, and the equivalent is not given in advance for the whole, but is either expressly or impliedly promised to be given at future periods; then, if the cause of the contract, corresponding to either of the successive obligations, should fail, the obligation depending on it will cease also. Thus in leases for years, the obligation to pay the yearly rent ceases, if the property which is leased should be destroyed.

C: C. 2697 (2667); 14 L. 501; 19 L. 140.

ART. 1900. [1894.]-If the cause expressed in the consideration should be one that does not exist, yet the contract can not be invalidated, if the party can show the existence of a true and sufficient consideration.

C. C. 1536 (1523), 1894 (1888); 10 L. 164; 3 A. 230, 280; 12 A. 529; 13 A. 25; 14 A. 378, 560; 15 A. 666; 18 A. 235, 732.

CHAPTER 3.

Of the Effect of Obligations.

SECTION 1.

General Dispositions.

ART. 1901. [1895.]-Agreements legally entered into have the effect of laws on those who have formed them.

They can not be revoked, unless by mutual consent of the parties, or for causes acknowledged by law.

They must be performed with good faith.

C. C. 8 (8), 1945 (1940); C. N. 1134: 2 R. 163; 18 A. 204, 627; 19 A. 7, 13, 26; 20 A. 111, 173, 220; 21 A. 53, 55; 23 A. 416; 24 A. 109, 349.

ART. 1902. [1896.]-But a contract, in which anything is stipulated for the benefit of a third person, who has signified his