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CHAPTER SECOND THE EFFECTS OF THE CONTRACT

Revised Laws of Saint Lucia (2022)

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CHAPTER SECOND
THE EFFECTS OF THE CONTRACT

  1.  

    1803.   Non-payment of arrears of a life-rent is not a cause for recovering back the money or other consideration given for its constitution.

  1.  

    1804.   The creditor of a life-rent secured by the privilege and hypothec of a vendor upon immovable property, afterwards seized to be sold by judicial sale, has a right to demand that the property shall be sold subject to the life-rent as a charge upon it.

  1.  

    1805.   The debtor of the rent cannot free himself or herself from the payment of it by offering to reimburse the capital and renouncing all claim to receive back the payments made.

  1.  

    1806.   The rent is due only for the number of days that the person upon whose life it is constituted lives; unless it is made payable in advance.

  1.  

    1807.   A stipulation that the life-rent cannot be seized or taken in execution is void, unless the rent is constituted by a gratuitous title.

  1.  

    1808.   The creditor of a life-rent on demanding payment of it must establish the existence of the person on whose life it is constituted, up to the time for which the arrears are claimed.

  1.  

    1809.   When an immovable hypothecated for the payment of a life-rent is sold by a judicial sale, or by a voluntary sale followed by confirmation of title, the creditors whose claims are of date subsequent to that of the constitution of the rent are entitled to receive the proceeds of the sale on giving sufficient security for the continued payment of the rent, and in default of such security being given, the creditor of the rent is collocated, according to the order of his hypothec, for a sum equal to the value of the rent at the time of collocation.

  1.  

    1810.   The value of a life-rent is estimated at the sum which, at the time of collocation, would be sufficient to purchase from a life-assurance company a life annuity of like amount.

  1.  

    1811.   If the price of the immovable be less than the estimated value of the life-rent the creditor of it is entitled to receive such price, according to the order of his or her hypothec, or to receive security from the subsequent creditors for the payment of the rent until the price received by them and the interest is exhausted by such payments.

  1.  

    1812.   The estimation of the life-rent and its payment, in all cases in which the creditor is entitled to claim the value of it, are subject to the rules contained in the foregoing articles in so far as they can be made to apply.

BOOK THIRTEENTH
TRANSACTION

  1.  

    1813.   Transaction is a contract by which the parties terminate a lawsuit already begun, or prevent future litigation by means of concessions or reservations made by one or both of them.

  1.  

    1814.   Those persons only can enter into the contract of transaction who have legal capacity to dispose of the things which are the subject of it.

  1.  

    1815.   Transaction has between the parties to it the authority of a final judgment (res judicata).

  1.  

    1816.   Error of law is not a cause for annulling transaction. With this exception, it may be annulled for the same causes as contracts generally; subject nevertheless to the provisions of the articles following.

  1.  

    1817.   Transaction may also be annulled when it is made in respect of a title which is null, unless the parties have expressly referred to and waived the nullity.

  1.  

    1818.   Transaction with respect to a writing which has since been found to be false, is altogether null.

  1.  

    1819.   Transaction upon a suit terminated by a judgment having the authority of a final judgment, and not known to either of the parties, is null. But if the judgment be subject to appeal the transaction is valid.

  1.  

    1820.   When parties have transacted generally upon all the matters between them, the subsequent discovery of documents of which they were then in ignorance does not furnish a cause for annulling the transaction; unless such documents have been kept back by one of the parties.

  1.  

    But the transaction is null when it relates only to an object respecting which the subsequently discovered documents prove that one of the parties had no right whatever.

  1.  

    1821.   Errors of calculation in transaction may be corrected.

BOOK FOURTEENTH
GAMING CONTRACTS AND BETS

  1.  

    1822.   There is no right of action for the recovery of money or any other thing claimed under a gaming contract or a bet. But if the money or thing have been paid by the losing party he or she cannot recover it back, unless fraud be proved.

  1.  

    1823.   The denial of the right of action declared in the preceding article is subject to exception in favour of contributions towards any prize or sum of money to be awarded to the winner of any exercise for promoting skill in the use of arms, or of any horse or foot race, or any other lawful game which requires bodily activity or address.

  1.  

    1824.   A note or bill of exchange given in discharge or in respect of a contract which is illegal, as a gaming contract or bet, is void as between the original parties, but is valid in the hands of any person to whom it has been transferred for value, without notice of the illegal consideration.

BOOK FIFTEENTH
SURETYSHIP

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