uncertain event, or on an event which has actually taken place, without its being yet known to the parties.

In the former case, the obligation can not be executed till after the event; in the latter, the obligation has its effect from the day on which it was contracted, but it can not be enforced until the event be known.

C. N. 1181; 11 A. 181; 15 A. 646.

ART. 2044. [2039.]-When the obligation has been contracted on a suspensive condition, the thing, which forms the subject of the contract, is at the risk of the obligor, until the event which forms the condition has happened, subject however to the following restrictions and modifications of his responsibility:

If the thing be entirely destroyed, without the fault of the debtor, the obligation is extinguished.

If the thing be impaired, without the fault of the debtor, it is at the option of the creditor, either to dissolve the obligation, or to require the thing in the state in which it is, without diminution of the price.

If the thing be impaired, through the fault of the debtor, the creditor has a right to dissolve the obligation, or to require the thing in the state in which it is; with damages.

C. N. 1182.

§ III.

OF THE RESOLUTORY CONDITION.

ART. 2045. [2040.]-The dissolving condition is that which, when accomplished, operates the revocation of the obligation, placing matters in the same state as though the obligation had not existed.

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It does not suspend the execution of the obligation; it only obliges the creditor to restore what he has received, in case the event provided for in the condition takes place.

C. C. 2051 (2046), 2130 (2126), 2457 (2432); C. N. 1183; 19 L. 31; 10 R. 412; 2 A. 989; 6 A. 3; 9 A. 75, 87; 12 A. 681, 699; 14 A. 341; 15 A. 651; 18 A. 470, 574; 21 A. 54, 514; 23 A. 355; 24 A. 539.

ART. 2046. [2041.]-A resolutory condition is implied in all commutative contracts, to take effect, in case either of the parties do not comply with his engagements; in this case the contract is not dissolved of right; the party complaining of a breach of the contract may either sue for its dissolution with damages, or, if the circumstances of the case permit, demand a specific performance.

C. C. 1565 (1552); C. N. 1184; 15 L. 75; 8 R. 157; 10 R. 412; 11 R. 18; 6 A. 3; 12 A. 699, 778; 14 A. 230, 341, 427, 432; 15 A. 651; 18 A. 470, 574; 22 A. 862.

ART. 2047. [2042.]—In all cases the dissolution of a contract may be demanded by suit or by exception; and when the resolutory condition is an event not depending on the will of either party, the contract is dissolved of right; but, in other cases, it must be sued for, and the party in default may, according to circumstances, have a further time allowed for the performance of the condition.

C. C. 1565 (1552); 7 M. 218; 8 L. 522; 13 L. 249; 9 R. 377; 12 R. 472; 6 A. 3; 7 A. 477; 12 A. 699; 14 A. 427; 18 A. 574.

SECTION 4.

Of Limited and Unlimited Obligations, as to the Time of their Performance.

ART. 2018. [2043.]—The time given or limited for the performance of an obligation, is called its term.

18 A. 236, 237.

ART. 2049. [2044.]—A term may not only consist of a determinate lapse of time, but also of an event, provided that event be in the course of nature certain; if it be uncertain, it forms a condition.

17 A. 204, 224; 20 A. 236, 237, 346.

ART. 2050. [2015.]-When no term is fixed by the parties for the performance of the obligation, it may be executed immediately, unless, from the nature of the act, a term, either certain or uncertain, must be implied. Thus, an obligation to pay money, without any stipulation for time, may be enforced at the will of the obligee. But a promise to make a crop of sugar is necessarily deferred, until the uncertain period when the cane shall be fit to cut.

ART. 2051. [2046.]-The term differs from the condition, inasmuch as it does not suspend the engagement, but only retards its execution.

C. C. 2045 (2010); C. N. 1185.

ART. 2052. [2047.]-What is due only at a certain time, can not be demanded before the expiration of the intermediate time; but what has been paid in advance can not be redemanded.

C. C. 2045 (2040), 2168 (2164); C. N. 1186; C. P. 158; 13 A. 526.

ART. 2053. [2048.]-The term is always presumed to be stipulated in favor of the debtor, unless it result from the stipulation, or from circumstances, that it was also agreed upon in favor of the creditor.

C. N. 1187.

ART. 2054. [2049.]-Whenever 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.

C. C. 1278 (1356), 2924 (2895); C. N. 1188; 1 L. 500; 6 L. 762; 8 L. 582; 10 R. 533; 10 A. 324; 13 A. 526; 14 A. 96, 319; 17 A. 323; 19 A. 87.

ART. 2055. [2050.]-If a debt be contracted to be paid at a term, and a 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. C. C. 3043 (3012); Acts 1859, p. 174.

ART. 2056. [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 surety.

ART. 2057. [2052.]-Where a term is given or limited for the performance of an obligation, the obligor has until sunset of the last day limited for its performance, to comply with his obligation, unless the object of the contract can not be done after certain hours of that day.

C. C. 2052 (2047); 14 A. 243; 24 A. 236.

ART. 2058. [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.

3 A. 527.

ART. 2059. [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. 2060. [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.

2 R. 120; 14 A. 37.

ART. 2061. [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.

(Am'd.) Acts 1871, No. 87.

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SECTION 5.

Of Conjunctive and Alternative Obligations.

ART. 2062. [2057.]-When several different things form the object of a contract, it is either conjunctive or alternative.

ART. 2063. [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. 2064. [2059.]—But if several things be comprehended in one general name in the contract, it is not conjunctive. The sale of a flock of sheep, or the stock on a farm, are examples of this exception.

ART. 2065. [2060.]—Where a sum is promised to be paid at different installments, a conjunctive obligation is created, and the payment may be severally paid or enforced. Rents, payable at fixed periods, come also under this rule.

17 A. 263.

ART. 2066. [2061.]—But where the things, which form the object 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. 2067. [2062.]—The debtor in an alternative obligation is discharged by the delivery of one of the two things that were comprised in the obligation.

C. N. 1189.

ART. 2068. [2063.]—The option belongs to the debtor, unless it has been expressly granted to the creditor.

C. N. 1190.

ART. 2069. [2064.]-The debtor may exonerate himself by delivering one of the two things promised, but he can not force the creditor to receive a part of the one and a part of the other.

C. N. 1191.

ART. 2070. [2065.]-The obligation is pure and simple, although contracted in an alternative manner, if one of the two things promised could not be the object of the obligation.

C. N. 1192.

ART. 2071. [2066.]—The alternative obligation becomes pure and simple if one of the things promised be destroyed, even through the fault of the debtor, or can no longer be delivered. The price of that thing can not 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.

C. N. 1193.

ART. 2072. [2067.]-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 the price of either of them.

C. N. 1194.

ART. 2073. [2068.]—If both the things be destroyed without the fault of the debtor and before he has delayed the delivery, the obligation becomes extinct.

C. N. 1195.

ART. 2074. [2069.]-The same principles apply to cases where there are more than two things comprised in the alternative obligation.

C. N. 1196.

ART. 2075. [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. 2076. [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.

C. C. 1712 (1705).

SECTION 6.

Of Several Obligations, Joint Obligations, and Obligations in

Solido.
§ I.

GENERAL PROVISIONS.

ART. 2077. [2072.]-Where there are more than one obligor or obligee named in the same contract, the obligation it may