ART. 842. When the testator leaves no legitimate descendants or ascendants, the acknowledged natural children shall be entitled to a third of the inheritance.

ART. 843. The rights granted natural children by the foregoing article are transmitted on their death to their legitimate descendants.

ART. 844. The hereditary portion of children legitimized by royal concession shall be equal to that established by law in favor of acknowledged natural children.

ART. 845. Illegitimate children who have not the character of natural children shall be entitled to support only.

The obligation of the person who is to support them shall be transmitted to his or her heirs, and shall continue until said children attain their majority, and in case they should be incapacitated, while the incapacity lasts.

SECTION 4. ACCEPTANCE AND REPUDIATION OF THE

INHERITANCE.

ART. 988. Acceptance and repudiation of the inheritance are acts entirely voluntary and free.

ART. 989. The effects of the acceptance and repudiation shall always retroact to the moment of the death of the person whose property is inherited.

ART. 990. Acceptance or repudiation of the inheritance can not take place, either partially, for a certain period, nor conditionally.

ART. 991. No person can accept nor repudiate an inheritance, without being certain of the death of the person from whom he is to inherit and of his rights to the inheritance.

SECTION 5. BENEFIT OF INVENTORY AND RIGHT TO

DELIBERATE.

ART. 1010. Every heir may accept an inheritance under benefit of inventory, even though the testator should have forbidden it.

He may also request the making of the inventory before accepting or repudiating the inheritance, in order to deliberate on this point.

ART. 1011. The acceptance of the inheritance, under the benefit of inventory, may be made before a notary or in a writing before any of the judges of competent jurisdiction in testamentary or intestate proceedings.

Vol. XII.-16

BOOK FOURTH.

OBLIGATIONS AND CONTRACTS.

TITLE I.

OBLIGATIONS.

CHAPTER I.

GENERAL PROVISIONS.

ART. 1088. Every obligation consists in giving, doing, or not doing something.

ART. 1089. Obligations are created by law, by contracts, by quasi-contracts, and by illicit acts and omissions or by those in which any kind of fault or negligence occurs.

ART. 1090. Obligations arising from law are not presumed. Those expressly determined in this code or in special laws are the only demandable ones, and they shall be governed by the provisions of the laws which may have established them and by those of this book in regard to what has not been prescribed by said laws.

ART. 1091. Obligations arising from contracts have legal force between the contracting parties, and must be fulfilled in accordance with their stipulations.

ART. 1092. Civil obligations, arising from crimes or misdemeanors, shall be governed by the provisions of the penal code.

ART. 1093. Those arising from acts or omissions, in which faults or negligence, not punished by law,

occur, shall be subject to the provisions of chapter 2 of title 162 of this book.

CHAPTER II.

NATURE AND EFFECTS OF OBLIGATIONS.

ART. 1094. A person obliged to give something is also bound to preserve it with the diligence pertaining to a good father of a family.

ART. 1095. A creditor has a right to the fruits of a thing from the time the obligation to deliver it arises. However, he shall not acquire a property right thereto until it has been delivered to him.

ART. 1096. Should the thing to be delivered be a specified one the creditor, independently of the right granted him by article 1001, may compel the debtor to make the delivery.

Should the thing be undetermined or generic he may ask that the obligation be fulfilled at the expense of the debtor.

Should the person obligated be in default, or be bound to deliver the same thing to two or more different persons, he shall be liable therefor with regard to unforeseen events until the delivery is made.

ART. 1097. The obligation to give a specified thing includes that of delivering all of its accessories, even though they may not have been mentioned.

ART. 1098. If the person obliged to do something should not do it, it shall be ordered to be done at his expense.

This shall also be done should he act in contravention of the tenor of the obligation. Whatever has been badly done may also be ordered to be undone.