Article 494
Unless otherwise agreed, a donor is under no obligation of warranty against dispossession unless he has intentionally hidden the cause of dispossession or unless the gift has been made for valuable consideration. In the first case, the judge will award the donee equitable compensation for the prejudice that he has suffered. In the second case, the donor is only bound up to the value of the consideration paid by the donee.
In a case of dispossession, the donee is subrogated into the rights and actions of the donor.
Article 495
A donor does not warrant that the thing given is free of defects.
If, however, the donor has intentionally hidden a defect or if he has warranted that the thing donated is free of defects, he will be liable to compensate the donee for loss caused by this defect. He will also be bound to pay compensation if the gift is made for valuable consideration, provided that the amount of compensation does not exceed the value of the consideration given by the donee.
Article 496
A donor is only liable for his intentional acts or for his gross negligence.
Article 497
A donee is bound to perform the consideration imposed upon him, whether such consideration is in favor of the donor, a third party or in the public interest.
Article 498
If it appears that the value of the gift is less than that of the consideration imposed, the donee shall only be liable to perform the consideration to the extent of the value of the thing donated.
Article 499
If the donor stipulates that the donee shall, in consideration of the gift, discharge his debts, the donee shall only be liable, unless otherwise agreed, to discharge debts existing at the time of the gift.
If the thing donated is burdened with a real right securing a debt due by the donor or by a third party, the donee shall be liable, unless otherwise agreed, to pay this debt.
3. Revocation of Gifts
Article 500
A donor may revoke a gift if the donee consents to his so doing.
If the donee does not consent to the revocation, the donor may apply to the court for authority to revoke the gift whenever he has reasonable grounds in support and when there is no obstacle to the revocation.
Article 501
There are, in particular, reasonable grounds for the revocation of a gift:
a) if the donee has failed in his duties towards the donor or one of his relatives, and such failure constitutes serious ingratitude on his part;
b) if the donor has become unable to maintain himself in accordance with his social position or to meet an obligation to pay alimony which he is legally bound to pay to another person;
c) in the event of a child being born to the donor after the donation, and still being alive at the time of revocation, or if the donor had a child which he believed dead at the time of the donation, which child is discovered to be still alive.
Article 502
An application for the revocation of a gift shall be rejected if one of the following obstacles exists:
a) if there is an inherent increase of the thing given, involving an increase in value thereof; but if this obstacle disappears, the right of revocation is renewed;
b) if one of the parties to the gift dies;
c) if the donee has definitely alienated the thing given; if, however, such alienation is only partial, the donor may revoke the gift as to the part remaining;
d) if the gift is made by one spouse to another, even if the donor wishes to revoke the gift after the dissolution of the marriage;
e) if the gift is made for the benefit of a relative with whom marriage is prohibited;
f) if the thing given has perished while in possession of the donee, whether by the act of the donee, by a cause beyond his control not attributable to him, or by use; if, however, the loss is partial, the revocation may be for the part remaining;
g) if the donee has supplied valuable consideration for the gift;
h) if the gift constitutes alms or an act of charity.
Article 503
A gift revoked by mutual consent or by a judgment is deemed to be null and void.
The donee is only liable for the restitution of the fruits as from the date of agreement of revocation or from the date of commencement of legal proceedings. He has the right to claim repayment of all necessary expenses that he has incurred and also of sums usefully spent by him but only up to the amount of any increase in value of the thing donated.
Article 504
If, without consent of the donee or without a decision of the court, the donor takes back the thing given, he is responsible to the donee for the loss of the thing donated whether such loss occurs from his act, from a cause beyond his control which is not attributable to him or as a result of the use of the thing.
If the revocation of the gift is pronounced by a judgment and the thing donated perishes while in the possession of the donee, after he has been formally summoned to hand back the thing, the donee is responsible for loss even if it resulted from a cause beyond his control.
Section IV Partnership
Article 505
Partnership is a contract by which two or more persons undertake to contribute jointly in an undertaking of a pecuniary nature by the provision of contributions of property or services, with the object of sharing in the profits or the losses of the undertaking.
Article 506
A partnership is deemed, by the fact of its constitution, to be a juristic person; such juristic personality is however acquired, as regards third parties, only upon completion of the formalities of publication required by law.
Third parties may, however, if the partnership has not completed the prescribed formalities of publication, avail themselves of the juristic personality of the partnership.
Elements of the Contract of Partnership
Article 507
A partnership deed must be in writing under pain of nullity. All modifications to the partnership deed are also void if they are not executed in the same form as the deed.
Such nullity cannot, however, be pleaded by the partners against third parties and has no effect on the relationship of the partners between themselves until a demand for such nullity has been made in court by one of the partners.
Article 508
In the absence of agreement or custom to the contrary, the contributions of the partners are presumed to be equal and to consist of the ownership of the property brought in and not merely of its enjoyment.
Article 509
The influence or the credit of a partner cannot alone constitute his contribution.
Article 510
A partner who has undertaken to contribute a sum of money and who does not pay this sum into the partnership is liable, without recourse to legal proceedings or to any formal demand, to payment of interest from the date that his contribution fell due, apart from payment, in addition, of compensation for any loss, if such compensation is due.
Article 511
If the contribution of a partner consists of a right of ownership, of an usufruct, or of any other real right, the provisions as to sale shall apply as regards warranties against loss, dispossession, hidden defects or deficiencies.
If, however, the contribution consists merely of the use of the property, the provisions as to lease apply as regards the above warranties.
Article 512
If the contribution of a partner consists of his services, he shall carry out the services he has undertaken to perform and render an account of the profits realized from the date of the formation of the partnership as a result of the services he has undertaken as his contribution.
In the absence of an agreement to the contrary, he is not bound, however, to contribute to the partnership patents which he has obtained.
Article 513
If the contribution of a partner consists of debts due by third parties, his obligation to the partnership is only extinguished by the recovery of these debts. He is also liable for damages if the debts are not paid when they fall due.
Article 514
If the share of each of the partners in the profits and the losses of the partnership is not fixed in the deed of partnership, their respective shares shall be proportional to their respective contributions in the capital of the partnership.
If the deed of partnership only fixes the share of each partner in the profits, the same proportion shall apply as regards the losses, and reciprocally if only the share in the losses is fixed in the partnership deed.
If the contribution of one of the partners consists only of his services, his share in the profits and the losses is estimated in accordance with the profits that the partnership realizes as a result of his services. If, in addition to his services, a partner has made a contribution in money or in kind, he will be entitled to a share in respect of his services and another share in respect of the contribution he has made in addition to his services.
Article 515
If it is agreed that one of the partners shall not participate in the profits or losses of the partnership, the partnership deed is void.
A partner who only contributes his services may be relieved by agreement from participation in the losses of the partnership, provided that no remuneration is allowed to him in respect of his services.
2. The Management of Partnership
Article 516
A partner entrusted with the management of the partnership by a special clause in the partnership deed is entitled, notwithstanding objections by the other partners, to perform acts of management and acts of disposition coming within the objects of the partnership, provided that these administrative acts and acts of disposition are not tainted with fraud. Such partner cannot, without legitimate reason, be discharged from his post as managing partner so long as the partnership exists.
If the appointment of a managing partner is made subsequent to the partnership deed, such an appointment may be revoked in the same manner as an ordinary mandate.
Managers who are not partners may be discharged at any time.
Article 517
When several partners are entrusted with the management of the partnership without their respective attributions being defined and it is not provided that anyone of them cannot act alone, each partner may separately perform any act of management, subject to the right which each of the other managing partners has to object to such an act before it has been completed, and to the right of the majority of the managing partners to override such an objection; in the case of equal voting by the managing partners, the rights to override the objection belongs to the majority of all the partners.
If it is provided that decisions of managing partners shall be taken unanimously or by a majority, such a provision cannot be departed from, except in the case of an urgent matter in which failure to take action would involve the partnership in serious and irreparable loss.
Article 518
When a decision must be taken by the majority, it will, in the absence of an agreement to the contrary, be decided by the numerical majority.
Article 519
Partners who are not managing partners are excluded from the management. They are entitled, however, personally to examine the books and ********************************s of the partnership. Any agreement to the contrary is void.
Article 520
In the absence of any special provisions as to the form of management, each partner is deemed to have been authorized by the other partners to manage the partnership, and may carry out the management without consulting the other partners, subject to the right of such other partners or of anyone of them to object to any act of management before it has been finally completed and to the right of the majority of the partners to override such objection.
3. The Effects of Partnership
Article 521
Each partner shall abstain from any activity prejudicial to the interests of the partnership or contrary to the object for which the partnership was formed.
He shall watch over the interests of the partnership as if they were his own, unless he has been appointed a manager on remuneration, in which case he shall not exercise less care than would a prudent man.
Article 522
A partner who takes or retains a sum of money belonging to the partnership will, without any legal summons or formal demand, be liable for interest on the sum from the day he took it or retained it, and will also be liable for the payment of damages should loss arise thereby.
A partner who advances money to the partnership from his private funds or incurs in good faith without imprudence trifling expenses for the benefit and on behalf of the partnership, is entitled to interest thereon from the partnership from the date of payment thereof.
Article 523
If the assets of the partnership does not cover its debts, the partners shall, in the absence of an agreement providing for another division, be liable for these debts from their own property, each in proportion to his share in the losses of the partnership. Any agreement relieving a partner from liability in respect of the partnership's debts is void.
The creditors of the partnership have in all cases a claim against each of the partners to the extent of his share in the profits of the partnership.
Article 524
In the absence of an agreement to the contrary, the partners are not jointly and severally liable as regards their respective shares in the debts of the partnership.
If, however, one of the partners becomes insolvent, his share in the debts of the partnership is apportioned among all the others in proportion to their respective shares in the losses.
Article 525
Personal creditors of a partner cannot, during the continuance of a partnership, obtain payment of their claims out of such partner's share in the capital but only out of his share in the profits. Such creditors may, upon liquidation of the partnership, enforce their rights on their debtor's share in the partnership assets after payment of the partnership debts, and may, before the liquidation of the partnership, make a protective attachment (saisic conservatoire) on his share.
4. Ways in Which a Partnership Comes to an End
Article 526
A partnership comes to an end upon the expiration of its term or by the achievement of the object for which it was formed.
If, notwithstanding the expiration of the term or the achievement of the object for which the partnership was formed, the partners continue to carry on work of the same nature as that for which the partnership was formed, the partnership deed is extended from year to year on the same conditions.
A creditor of a partner may oppose this extension. His opposition will suspend the effect of the extension of the partnership so far as such creditor is concerned.
Article 527
A partnership comes to an end upon the total loss of its capital or upon its partial loss to such an extent as to render the continuation of the partnership useless.
If one of the partners has undertaken to contribute by way of a definite and specific thing which perishes before it is brought into the partnership, the partnership is dissolved as regards all partners.
Article 528
A partnership is terminated by the death, interdiction, insolvency or bankruptcy of one of the partners.
It may be agreed, however, that in the event of the death of one partner, the partnership will continue with his heirs, even if they are minors.
It may also be agreed that, in case of death, interdiction, insolvency, bankruptcy or retirement of one of the partners in accordance with the provisions of the following article, the partnership will continue between the other partners.
In such a case, such partner or his heirs will only be entitled to his share in the assets of the partnership. This share will be estimated in accordance with its value at the date of the event, which resulted in the partner ceasing to be a partner, and must be paid in money. Such partner will share in subsequent rights only to the extent that such rights arise from operations prior to the event which resulted in his ceasing to be a partner.
Article 529
A partnership comes to an end by the retirement of one of the partners when its duration has not been fixed, provided that such partner gives previous notice to his other co-partners of his intention to retire and that his retirement is free of fraudulent intent and not at an unsuitable time.
It comes to an end also by the unanimous agreement of the partners.
Article 530
The court may, on the demand of any one of the partners, order the dissolution of a partnership for non-performance by a partner of his obligations, or for any other reason not attributable to the partners; the judge will decide whether such reason is sufficiently serious to justify dissolution.
Any agreement to the contrary is void.
Article 531
A partner may apply to the court for the exclusion of any one for the partners whose presence in the partnership has given rise to objections to the extension of the duration of the partnership, or whose actions might be held to provide good grounds for the dissolution of the partnership, while the partnership continues between the other partners.
A partner may also, if the duration of the partnership is fixed, apply to the court to authorize his retirement from the partnership if he gives adequate reasons for his application. In such case, unless the other partners agree to continue the partnership, it will be dissolved.
5. Liquidation and Partition of the Partnership Property
Article 532
The liquidation and the partition of the partnership property is carried out in the manner laid down by the partnership deed. When the partnership deed is silent, the following provisions will be applied.
Article 533
The powers of the managers shall cease upon the dissolution of the partnership, but the juristic personality of the partnership shall continue, in so far as is necessary, for and up to the end of the liquidation.
Article 534
The liquidation will be carried out either by all the partners or by one or more liquidators appointed by the majority of the partners, as the case may be.
If the partners do not agree on the appointment of a liquidator, such liquidator will, upon the application of one of the partners, be appointed by the judge.
In case of nullity of partnership, the court will appoint a liquidator and will decide upon the method of liquidation upon the application of any interested party.
Until a liquidator is appointed, the managing partners shall be deemed, as far as third parties are concerned, to be the liquidators.
Article 535
A liquidator may not undertake new business on behalf of the partnership, unless it is necessary for the purpose of terminating the old business.
He may sell movables and immovables belonging to the partnership by auction or by private treaty, unless his powers in this respect have been restricted by the instrument by which he was appointed.
Article 536
The partnership assets are divided between all the partners after payment of the creditors, deduction of amounts required to cover debts that have not fallen due or are subject to litigation and repayment of disbursements or loans that may have been made by one of the partners for the benefit of the partnership.
Each partner shall take a sum equal to the value of his contribution to the capital of the partnership, as recorded in the partnership deed, or, if not recorded in the partnership deed, at its value at the time the contribution was brought to the partnership, unless he has only contributed his services, the usufruct or the mere use of the thing that he has brought to the partnership.
The balance, if any, will be distributed between the partners proportionally to each partner's share in the profits.
If the partnership assets are not sufficient to cover the repayment of the partners' contributions, the loss is shared between the partners proportionately to each partner's share in the losses.
Article 537
The rules laid down with reference to the partition of property held in common, apply to partitions between partners. Section V Loans and Annuities
1. Loans for Consumption
Article 538
A loan for consumption is a contract by which the lender undertakes to transfer to the borrower the ownership of a sum of money or other fungible upon condition that the borrower returns, at the end of the loan, a thing equal in amount, kind and quality.
Article 539
The lender must deliver to the borrower the thing which is the object of the contract and cannot claim the return of its ********************alent until the end of the loan.
If the thing perishes before its delivery to the borrower, the loss falls on the lender.
Article 540
In the event of dispossession, the provisions relating to sale will apply if the loan is made for valuable consideration; otherwise the provisions relating to loan for use will apply.
Article 541
When the loan is made without valuable consideration, and hidden defects appear in the thing, the borrower, if he prefers to retain the thing, will only be liable to refund the value of the defective thing.
When the loan is made for valuable consideration, or when it is made without valuable consideration but the lender has deliberately hidden the defects, the borrower may demand either that the defect be made good or that the defective thing be replaced by a thing without defects.
Article 542
The borrower is under liability to pay the agreed interest as it falls due; in the absence of an agreement as regards interest, the loan is deemed to be without consideration.
Article 543
A loan comes to an end upon the expiration of the term agreed upon.
Article 544
If interest is agreed, the debtor may, after six months from the date of the loan, give notice of his intention to terminate the contract and to restitute the thing taken on loan, provided that the restitution takes place within a term not exceeding six months of the date of the notice. In such a case the debtor shall be liable to pay the interest due for the six months following the notice. He will not, in any case, be bound to pay interest or to perform a prestation of any kind by reason of the fact that payment is made before due date. The right of the borrower to effect restitution cannot be forfeited or limited by agreement.
2. Annuities
Article 545
An undertaking may be given to supply in perpetuity a person and after him his successors with a periodical prestation consisting of a sum of money or a fixed quantity of other fungibles. This obligation may be assumed by contract for or without valuable consideration, or by will.
When the prestation is made by contract for valuable consideration, it is subject, as regards the rate of interest, to the rules governing loans on interest.
Article 546
An annuity is essentially redeemable at any time at the will of the debtor. Any agreement to the contrary is void.
It may be agreed, however, that the redemption shall not take place during the lifetime of the annuitant or before a certain length of time which shall never exceed fifteen years.
The right of redemption cannot in any case be exercised until notice thereof has been given and then after one year from the date of the notice.
Article 547
The debtor may be forced to redeem in the following events:
a) if, in spite of a formal summons, he does not pay the annuity for two consecutive years;
b) if he fails to supply the creditor with the securities that he has promised or if such securities disappear and he does not provide other securities in their place;
c) if he becomes bankrupt or insolvent.
Article 548
If the annuity is purchased by payment of a sum of money, the redemption is made by the repayment of the amount in full or such lesser amount as may be agreed upon.
In other cases, redemption is exercised by the payment of a sum of money, on which the interest calculated at the legal rate corresponds to the amount of the annuity.
Section VI Compromise
1. The Elements of Compromise
Article 549
Compromise is a contract by which two parties put an end to a dispute that has arisen, or prevent a dispute that is expected to arise, by the mutual surrender of part of their respective claims.
Article 550
In order to effect a compromise, the parties must have legal capacity to dispose for valuable consideration of the rights which are the objects of the compromise.
Article 551
A compromise cannot be made on any question touching the status of individuals or public policy, but a compromise may be made with regard to proprietary interests arising out of the status of individuals or out of a penal offence.
Article 552
A compromise can only be established by a written ******************************** or by an official procs-verbal.
2. The Effects of Compromise
Article 553
Compromise terminates the disputes in respect of which the compromise is made.
It extinguishes the rights and claims which either of the parties have finally renounced.
Article 554
Compromise has a declaratory effect as regards the rights in respect of which the compromise is made. This declaratory effect is limited specifically to litigious rights.
Article 555
The wording of the renunciation contained in the compromise must be strictly interpreted. The renunciation, no matter how worded, applies to those rights only which form the precise object of the dispute settled by the compromise.
3. Nullity of Compromise
Article 556
A compromise cannot be impugned on the ground of a mistake in law.
Article 557
A compromise is indivisible. The nullity of one part of a compromise involves the nullity of the whole contract.
This rule does not apply, however, when it follows, from the wording of the contract or from the circumstances, that the parties agreed that the various parts of the compromise are independent the one of the other. Section I Leases
1. Leases Generally
Elements of a Lease
Article 558
A lease is a contract by which the lessor undertakes to enable the lessee to enjoy a specific thing for a certain time in return for a fixed rent.
Article 559
In the absence of a provision of the law to the contrary, a person who has only a right of management cannot, without the consent of the competent authority, enter into a lease for a term exceeding three years. If the lease is granted for a longer term, it will be reduced to three years.
Article 560
A lease granted by a usufructuary, unless ratified by the bare owner, ends when the usufruct is extinguished, subject to the delay provided for giving notice of evacuation and the time required to gather in the annual crop.
Article 561
Rent may consist either of money or of any other prestation.
Article 562
If the parties have not agreed the amount of the rent or the manner in which the rent shall be fixed, or if the amount of the rent cannot be established, it must be ****d on the current rent for other similar properties.
Article 563
If a lease is concluded without any agreement as to term, or for an undetermined period, or if the term cannot be established, it is deemed to have been made for the term fixed for payment of the rent. It expires at the end of the term in question, at the request of one of the parties, subject to notice being given by him to the other party as follows:
a) in the case of agricultural and uncultivated land, if rent is payable six monthly or if the term for payment is more than six months, notice must be given three months before the end of the term; if the term is less than six months notice must be given before the last half term, subject always to the right of the lessee to the crops in accordance with custom;
b) in the case of houses, shops, offices, and business premises, industrial establishments, warehouses and other similar premises, if the rent is payable every four months or at longer intervals, notice must be given two months before the end of the term; if the term is less, notice must be given before the last half term;
c) in the case of apartments, furnished rooms and all kinds of premises not mentioned above, if the rent is payable every two months, or at longer intervals, the notice must be given one month before the end of the term; if the term is less than two months the notice must be given before the last half term.
Effects of a Lease
Article 564
The lessor is bound to deliver to the lessee the leased property and its accessories in a condition suitable for the purpose for which it is intended, in accordance with the agreement between parties or with the nature of the property.
Article 565
If the leased property is delivered to the lessee in such a condition that it is unfit for the use for which it is leased, or if its usefulness is appreciably diminished, the lessee may demand either the resiliation of the lease or a reduction of the rent ********************alent to the loss of use; in both cases he is entitled to claim compensation, if compensation is due.
If the leased property is in such a condition that it constitutes a serious danger to the health of the lessee, or those who live with him, or his employees or workmen, the lessee may demand resiliation of the lease, even if he has renounced the right to do so beforehand.
Article 566
The rules laid down as regards the obligation of delivery of the thing sold, especially as to time and place of delivery, as to extent, weight or measure, and as to determining its accessories, are applicable to the obligation of delivery of the leased property.
Article 567
The lessor is bound to maintain the leased property in the state in which it was at the time of delivery. He must make, during the continuance of the lease, all repairs which may become necessary, except lessee's repairs.
The lessor is also bound to do such plastering and white-washing of the roofs as may be necessary, and to clear wells, cesspools and drains.
The lessor is responsible for charges and taxes due on the leased property. The lessor is also responsible for the cost of water, if it is supplied for a lump sum, but the lessee is responsible if it is supplied by meter. The costs of electricity, gas and of other requirements for personal use are payable by the lessee.
The above rules only apply in the absence of agreement to the contrary.
Article 568
If a lessor having been summoned, delays the performance of the obligations mentioned in the preceding article, the lessee may, without prejudice to his right to claim resiliation of the lease or a reduction of rent, obtain authority of the court to perform them himself and deduct the cost from the rent.
In the case of immediate repairs or minor repairs for which the lessor is responsible, whether resulting from a defect existing at the time the premises were taken over by the lessee or happening subsequently, the lessee may, without the authority of the court, carry them out and deduct the cost thereof from the rent, if the lessor, having been summoned to do so, does not carry them out in a reasonable time.
Article 569
If, during the course of the lease, the leased property is totally destroyed, the lease is, ipso facto, determined.
If, as a result of a cause not imputable to the lessee, the leased property is only partially destroyed or deteriorates to such an extent that it becomes unfit for the use for which it was leased, or if such a use is appreciably diminished, the lessee may, if the lessor does not restore the leased property to its original condition within a reasonable time, i.e., a delay which does not affect the business or activity of the lessee, claim, according to the circumstances, either a reduction of the rent or the resiliation of the lease, without prejudice to his right to perform himself the obligations of the lessor in accordance with the provisions of the preceding article.
In the two preceding cases, the lessee cannot claim compensation if the loss or deterioration arises from a cause not imputable to the lessor.
Article 570
The lessee must not prevent the lessor from making immediate repairs required for the preservation of the leased property, but if such repairs cause a complete or partial loss of enjoyment, the lessee may claim, according to the circumstances, resiliation of the lease or a reduction of the rent.
If, however, the lessee continues to occupy the premises until the repairs are completed, he will forfeit his rights to claim resiliation of the lease.
Article 571
The lessor shall abstain from doing anything which may disturb the lessee in his enjoyment of the leased property, and shall not make any alterations to the property or to its accessories that diminish such enjoyment.
The lessor not only warrants the lessee against his own acts and against those of his servants, but also against any disturbance or damage ****d on a lawful claim by any other lessee or by any successor in title of the lessor.
Article 572
If a third party claims to have rights incompatible with those derived by the lessee from the agreement of lease, the lessee shall forthwith give notice to the lessor of such a claim and shall be entitled to demand that he be dismissed from the case. In which event proceedings will be taken solely against the lessor.
If, as a result of such a claim, the lessee is effectively deprived of the enjoyment to which he is entitled in accordance with the agreement of lease, he may, in accordance with the circumstances, claim resiliation of the lease or a reduction of rent together with payment of damages, if damages are due.
Article 573
When there are several lessees of the same property, the lessee who, without fraud, first entered into possession will have preference. If a lessee of an immovable property has, in good faith, effected tran************************ion of his lease, before another lessee has entered into possession or before the renewal of his lease, such lessee will have preference.
In the absence of reasons giving preference to one lessee, the only recourse of a lessee in respect of any right not enjoyed by him is a claim for damages.
Article 574
If, as a result of an act lawfully done by a Government authority, the enjoyment of the property leased is appreciably diminished, the lessee may, in accordance with the circumstances, and unless otherwise agreed between the parties, claim resiliation of the lease or a reduction of rent. If the grounds for the act of such Government authority are the result of an act imputable to the lessor, the lessee may claim payment of damages.
Article 575
A lessor does not warrant the lessee against trespass by a third party who does not claim a right over the leased property; this shall not, however, affect the right of the lessee to take action in his name against such third party for damages and to take all other possessory actions.
If, however, the trespass is not in any way imputable to the lessee and is sufficiently serious to deprive him of the enjoyment of the leased property, the lessee may, in accordance with the circumstances, claim resiliation of the lease or a reduction of rent.
Article 576
Subject to any agreement to the contrary, the lessor warrants the lessee against all defects which prevent or appreciably diminish the enjoyment of the property, but not against those defects that are customarily tolerated, and is responsible for the lack of qualities which he specifically warranted to exist or which are essential to the intended use of the property.
The lessor, however, does not warrant the lessee against defects of which the lessee was informed or of which he was aware at the time of the conclusion of the contract.