419. Partition of usufruct consists of a division of benefit.
Example:- Two persons who are joint owners of a house agree to take the
benefit arising therefrom separately in alternate years.
CHAPTER I. GENERAL.
420. In a contract of hire, the subject
matter of the contract consists of some advantage to be derived from such
contract.
421. Hire is relation to the subject matter of the contract is of
two categories. The first is a contract for hire made with reference to an
interest in specific things. The thing which is the subject of hire is called
both the object given on hire and the object taken on hire.
The first category is divided into three classes.
(1). The first class relates to the lease of real property, such as the hire of
houses and lands.
(2). The second class relates to the hire of merchandise such as the hire of
clothes and utensils.
(3). The third class relates to the hire of animals.
The second category is a contract of hire with regard to labour. In this
category, the person hired is called the employee, as in the case of workmen and
servants employed for a wage. Hiring the services of craftsmen and artisans is
also included in this category.
Example:- A contract for manufacture and
sale is concluded when clothes are ordered to be made by a tailor who supplies
the cloth. If the cloth is given to the tailor in order that he should make the
clothes, such person's labour has been hired.
422. Employees are of two classes.
The first class comprises private employees, that is, persons whose services are
retained by one employer only, as in the case of a servant paid a monthly wage.
The second class comprises public employees, that is persons who are not bound
by an undertaking not to work for more than one employer. Example:-
Porters, brokers, tailors, clock-makers, jewellers, harbour boatmen, cab-
drivers, and village shepherds are all public employees; that is, persons who
are not employed specially by one particular individual, but work for anyone.
But if any one of such persons undertakes to give his services on hire to one
employer only for a specific period, he becomes during that period a private
employee. Again, a porter, or a cab-driver, or a boatman who gives his services
on hire to one employer alone to take such employer to a certain place, and who
works for no other person is, until he arrives at his destination, a private
employee.
423. The person employing a private employee may be one single
individual or several persons contemplated as one individual only. Consequently,
when the inhabitants of a village hire the services of a shepherd for themselves
alone by means of a single contract, such shepherd becomes a private employee.
But should those persons permit the shepherd to tend some other person's
animals, such shepherd becomes a public employee.
424. The wages of a public employee are due when the work is done.
425. The wages of a private employee are due if he is ready to
work during the period for which he services were hired. It is not essential
that he should actually have performed the work. He cannot, however, decline to
do the work. If he does so, he is not entitled to his wages.
426. A person who is entitled to a definite advantage arising out
of a contract of hire may obtain enjoyment of such advantage or the equivalent
thereof, or of some lesser advantage. He cannot, However, obtain any greater
advantage. Example:-
(1). A blacksmith hires a shop in order to carry on his trade there. He can
carry on any other trade there which causes no greater injury to the lessor, or
a trade causing a lesser degree of injury.
(2). If a person does not live a house which he has hired for purposes of
habitation, he may store goods therein. But he may not carry on trade as a
blacksmith in a shop which he has hired as a grocer's shop.
427. Anything which becomes altered by any change in the person
using it may validly be made the subject of a restriction. Example:- A
person hires a horse to ride himself. No other person may ride it.
428. Any restriction imposed in connection with any thing which
does not become altered by any change in the person using it is inoperative.
Example:- A hires a house to dwell in. B can also dwell in it.
429. The owner of a share of undivided jointly owned property may
let such share to his co-owner whether such share is capable of division or not.
He may not let it to any other person. He may, however, after a partition of the
usufruct has been made, let his share to some other person.
430. The existence of undivided shares of jointly owned property
after the conclusion of a contract of hire does not invalidate such contract.
Example:- A lets his house and after doing so a half share is seized by a
person entitled thereto. The lease relating to the other undivided share remains
in force.
431. Two joint owners may simultaneously let property jointly
owned to some other person.
432. One particular thing may be let to two particular persons.
Each one must pay the amount of the rent which falls to his own share. The share
of one may not be obtained from the other unless they are guarantors of one
another.
CHAPTER II. QUESTIONS RELATING TO THE CONTRACT OF HIRE.
SECTION I. THE FUNDAMENTAL BASIS OF THE CONTRACT OF HIRE.
433. As in the
case of sale, the contract of hire is concluded by offer and acceptance.
434. In a contact of hire, statements made indicative of offer
and acceptance are such expression as " i have given on hire", "I have let", " I
have taken on hire" and " I have accepted".
435. As in the case of sale, the contract of hire is concluded by
the use of the past tense. It cannot be concluded by the use of the future
tense. Example :- A says " I will give on hire" and B says " i have taken
on hire"; or A says"hire" and B says " I have hired". In both cases no contract
of hire has been concluded.
436. A contract of hire may be concluded by word of mouth, or by
writing, or by the use of generally recognised signs by dumb persons.
437. A contract of hire may also be concluded by conduct. Thus,
if a traveller boards a steam boat or a harbour rowing boat or rides a hired
pony, the rate of hire of which is well known, without concluded any oral
contract, the amount of hire involved must be paid. If such rate is not known,
an estimated rate must be paid.
438. In a contract of hire, silence is considered to indicate
assent and acceptance. Examples :-
(1). A leases a shop at a monthly rent of fifty piastres. After staying there
for a few months, the lessor informs him that if he agrees to pay sixty piastres
on the first of the month he can remain, but if not, he must leave. A refuses to
pay sixty piastres and remains in the shop. He is only obliged to pay fifty
piastres as hitherto. If, however, he remains silent and continues to reside in
the shop without interruption, he must pay a monthly rent of sixty piastres.
(2). An owner of a shop proposes a rent of one hundred piastres and the lessee a
rent of eighty piastres. The owner leaves the lessee, who remains in the shop.
The rent is eighty piastres. If the two parties persist in their contention, and
the lessee remains in possession an estimated rent must be paid.
439. If fresh negotiations are commenced after the conclusion of
the contract with regard to any change, increase or decrease of the rent, the
second contract takes the place of the first.
440. A contract of hire may validly be concluded to take effect
at some future date. It is irrevocable, although it may not yet have come into
force. Consequently, neither of the contracting parties may cancel such contract
merely on the ground that it has not yet come into force.
441. If after the conclusion of a valid contract of hire, some
other person offers a higher rent, the contract of hire may not be cancelled by
the lessor by reason of that fact alone. If a guardian or trustee of a pious
foundation, however, lets the real property of an orphan or of a pious
foundation for a rent which is less that the estimated rent, the contract of
hire is voidable and the rent must be increased to the estimated rent.
442. If the person taking the property on hire becomes owner of
the hired property in any manner, such as by way of inheritance or gift, such
property loses its quality of hired property.
443. If any event happens whereby the reason for conclusion for
the contract disappears, so that the contract cannot be carried out, such
contract is cancelled. Examples:-
(1). A cook is hired for a wedding feast. One of the spouses dies. The contract
of hire is cancelled.
(2). A person suffering from toothache makes a contract with dentist to extract
his tooth for a certain fee. The pain ceases. The contract of hire is cancelled.
(3) A person seeking a wet-nurse dies. The contract of hire is not cancelled.
But upon the death of the child or the wet-nurse, such contract is
cancelled.
SECTION II. CONDITION RELATING TO THE CONCLUSION AND EXECUTION OF
THE CONTRACT OF HIRE.
444. To conclude a contract of hire, the two
contracting parties must possess the requisite capacity, that is to say, they
must be of sound mind and perfect understanding.
445. In a contract of hire offer and acceptance must agree and
the parties must met together at the same time and place, as in the case of
sale.
446. The person letting a thing on hire must be owner of the
thing he lets on hire, or the agent of the owner, or his tutor or guardian.
447. If any unauthorised person lets anything on hire, such
letting is dependent upon the ratification of the owner, and if the owner is
minor or is mad, and a contract of letting on hire has been concluded for an
estimated rent, such contract is dependent upon the ratification of the tutor or
guardian. There are four essentials to the validity of such permission which
remain constant: the two contacting parties; the property; the subject matter of
the contract; and the rent, should it be payable from merchandise. If one of
these essentials is lacking, the permission is valid.
SECTION III. ESSENTIALS TO THE VALIDITY OF A CONTACT OF HIRE.
448. The consent of the two contracting parties is essential to the validity
of the contract of hire.
449. The subject matter of the contract of hire must be specified.
Consequently, if one of two shops is let on hire, without the particular shop is
question being specified, and the lessee being given an option as to which one
he will take, such contract is invalid.
450. The rent must be clearly ascertained.
451 . In a contract of hire, the advantage to be derived from the
subject matter of the contract must be specified in such a manner as to void any
possibility of dispute.
452. In the case of the of such things as houses, shops and wet-
nurse, the advantage to be derived therefrom is defined by stating the period of
hire.
453. In the case of hire or a horse, it must be stated whether
such horse is to be used as a draught horse, or a riding horse, and if so, who
is to ride it: or it may be stated in general terms that whosoever wishes may
ride such horse, and the period for which the contract is concluded, or the
distance, must also be stated.
454. In the case of hire of land, the period of hire must be
stated; the purpose for which such land is to be used; and, if it is to be used
for cultivation, the nature of the things to be planted; or, if the person
taking such land on hire so desires, a statement is general terms must be made
to the effect that he may plant whatever he likes.
455. In the case of hire of the services of skilled workmen, the
advantage to be derived from the services of such workmen may be specified by
stating the nature of the work, that is to say, what work is to be done and how
it is to be performed. Example:- When clothes are to be dyed, they must be
shown to the dyer, the texture thereof must be specified, and the colour
stated.
456. In the case of transport of goods, the advantage to be
derived therefrom is specified by indicating them, and by stating the place to
which they are to be transported. Example:- A instructs B to carry a
certain load to a certain place. The advantage to be derived therefrom is
specified by such load being inspected and the distance being made known.
457. The advantage to be derived from the thing hires must be
capable of enjoyment. Consequently, a contract of hire in respect to a runaway
animal is invalid.
SECTION IV. NULLITY OR VOIDABILITY OF THE CONTRACT OF HIRE.
458. If one of the conditions essential to the conclusion of a contract of hire is absent,
such contract is void. Example:- A contract of letting or taking on hire
entered into by madman or by a minor of imperfect understanding is void. But if
the person giving or letting on hire becomes mad after the conclusion of the
contract, such contract is not cancelled.
459. If a contract of hire which is void is carried out the
amount of the hire need not be paid. But if the property is dedicated to pious
purposes, or belongs to orphans, an estimated rent must be paid. A madman is
treated on the same basis as an orphan.
460. If the conditions requisite for the conclusion of a contract
of hire are present, but one of the conditions essential to the validity of the
contract is absent, the contract of hire is voidable.
461. A voidable contract of hire is executory. But in a voidable contract of hire, the
person giving on hire is not entitled to the fixed rent, but to the estimated
rent only
462. The voidability of a contract of hire sometimes arises from
the amount of the hire not being known and sometimes owing to the absence of
other conditions essential to the validity of the contract. In the first case,
the estimated rent must be paid, whatever the amount thereof may be . In the
second case, the estimated rent is payable, provided that it does not exceed the
fixed rent.
CHAPTER III. QUESTION AFFECTING THE AMOUNT OF THE HIRE.
SECTION I. RENT.
463. A thing which is valid as the price in a contract
of sale, may be the rent in a contract of hire. On the other hand, a thing which
is not valid as the price in a contract of sale may nevertheless be valid as the
rent in a contract of hire. Example:- A garden may be taken on hire in
exchange for an animal, or in exchange for the right of dwelling in a house.
464. If the rent is cash, the amount thereof must be clearly
ascertained, as in the case of the price of a thing sold.
465. If the rent consists of merchandise, or things estimated by
measure of capacity, or by measure of weight, or things estimated by enumeration
and which closely resemble each other, such rent must be made known by stating
both the amount and description thereof.
In the case of things which require loading and entail expense on account of
transport such things must be delivered at the place agreed upon for delivery.
If no place has been designated for delivery and the thing hired consists of
real property, delivery of such real property must be given at the place where
such real property is situated, and if it consists of labour, delivery thereof
must be given at the place where the person hired performs his work; if it
consists of loading, delivery thereof must be given in the place where the hire
becomes payable.
In the case of things which do not require loading and do not entail expense on
account of transport, however, delivery thereof must be given at any place that
may be required.
SECTION II. NECESSITY FOR RENT: RIGHT OF THE PERSON GIVING ON
HIRE TO TAKE RENT.
446. Rent does not become payable irrevocably by the
conclusion of an unconditional contract: that is to say, there is no necessity
to hand over the rent immediately, owing to the mere conclusion of a contract of
hire.
467. Rent which is payable immediately is irrevocable: that is to
say, if the person taking the thing on hire pays the rent in advance, the person
letting the thing on hire becomes the owner thereof, and the person taking the
thing on hire cannot demand the return thereof.
468. Rent with a condition for immediate payment is irrevocable;
that is to say, if it is stipulated that rent must be paid in advance, the
person taking the thing on hire is bound in any case and first of all to hand
over the rent, whether the contract of hire is for the use of some specific
thing, or for the performance of any piece of work.
In the first case, the person letting the thing on hire may refuse to hand over
the thing hired until the rent has been paid. In the second case, the person
giving his services on hire may refuse to perform the work until his wages have
been paid.
In both cases, if the person letting the thing on hire demands payment of the
rent in advance and the person taking the thing on hire refuses, the contract of
hire may be cancelled.
469. Rent becomes payable when the thing is put to the use for
which it is hired.
Example:- A the owner of a horse, lets such horse on
hire to B is order that he may ride it to a certain place. Upon arrival at that
place, A is entitled to the amount of the hire.
470. In a valid contract of hire, the rent is also payable when
there is ability to put the thing to the use for which it was hired.
Example:- A takes possession of a house which he has taken on hire by means of
a valid contract of hire. A is obliged to pay the rent, even though he does not
inhabit such house.
471. In a voidable contract of hire, mere ability to put the
thing to the use for which it was hired is not enough. The rent is not payable
unless the thing is actually put to the use for which it was hired.
472. If a person uses the property of another person without the
conclusion of a contract and without such person's permission, and if it is
property prepared for hire, an estimated rent must be paid, but not otherwise.
But if the owner of the property has previously demanded payment of rent, and
such person uses such property, rent is payable, even though no benefit can be
derived from such property. The reason for this is that by using the property,
such person is deemed to have agreed to pay the rent.
473. Effect is given to any condition agreed upon by the two
contracting parties regarding immediate or deferred payment of the rent.
474. If a stipulation is made for a deferred payment of the price
of the hire, the person giving the thing on hire must first of all deliver such
thing; and a person giving his services on hire, must perform his work. The
price of the contract of hire is not payable until after the expiration of the
period agreed upon.
475. If an unconditional contract of hire is concluded for the
use of some specific object, or for the performance of any piece of work, and no
stipulation is made as to immediate of deferred payment, the person giving the
thing on hire must in any case first of all give delivery of the thing hired,
and the person giving his services on hire must perform the work.
476. If the rent is payable by some specified period, such as
monthly or yearly, such rent must be paid at expiration of that period.
Example:- Rent payable monthly must be paid at the end of the month. Rent
payable yearly must be paid at the end of the year.
477. When the rent falls due, delivery must be given of the thing
hired; that is to say, rent falls due as from the time of delivery. Thus, the
person giving the thing on hire is not entitled to rent in respect to the period
expiring prior to delivery. If the period of hire terminates prior to delivery,
no part of the rent is payable.
478. If the benefit to be obtained from the thing hired is
entirely lost, no rent is payable. Example:-
(1). A bath is in need of repairs. If it cannot be used during that period, the
portion of the rent corresponding to such period is deducted.
(2). The water of a mill is cut off and the mill remains idle. No rent is
payable from the time at which the water was cut off. But if the person hiring
the mill uses it for any purpose other than that of grinding corn, such person
is bound to pay a portion of the rent corresponding thereto.
479. If a person takes a shop on hire and is given delivery
thereof and alleges that on account of slackness of business his trade has
stopped and his shop has been shut, such person cannot refuse to pay rent for
that period.
480. If a boat is taken on hire for a certain period, and the
period expires while on the journey, the period of hire is extended until the
shore is reached. The person taking the boat on hire must pay as estimated rent
in respect to such excess period.
481. If one person gives his house to another person in order
that the latter may repair it and live in it rent free, and such person does in
fact effect such repairs himself and dwells in such house for a certain period,
the expenses occasioned by such repairs fall upon such person, since the giving
of the house is in the nature of a loan for use. The owner of the house cannot
claim anything from him by way of rent in respect to such period.
SECTION III. RIGHT OF LIEN OF A PERSON TO WHOM A THING HAS BEEN
ENTRUSTED TO WORK UPON.
482. A person hired to do work, and whose work
causes a change in the thing given to him to work upon, such as a tailor, a
dyer, or a cleaner, and who has made no contract whereby his work is to be done
on a credit basis, has a right of retention over the thing entrusted to him to
work upon, for payment of his wage. If he exercises such right of retention and
the property is destroyed while in his possession, he cannot be called upon to
make good the loss. He cannot, however, claim his wages in addition.
483. A person hired to do work, and whose work causes no change
in the thing upon which he works, such as a porter or a sailor, has no right of
retention over the thing upon which he working, for payment of his wage. Thus if
exercises a right of retention and the property is destroyed while in his
possession, he is liable to make good the value thereof.
The owner of the property has an option either of claiming compensation on the
basis of the value of the thing destroyed, plus cost of transport and of paying
the wages, or of merely claiming the value of the thing destroyed, without
paying the wages.
CHAPTER IV. THE PERIOD OF HIRE.
484. A person may give his
property on hire, whatever the form of ownership, for a fixed period, whether of
short duration, such as a day, or whether of long duration, such as a period of
years.
485. The commencement of the period of hire is deemed to be the
time named when the contract was concluded.
486. If no time is mentioned as the commencement of the period of
hire when the contract is concluded, such time is deemed to be the time when the
contract was concluded.
487. Real property may validly be let on hire for a period of a
year, either at a rent of so much per month, or of so much of the year, without
stating the rent per month.
488. If a contract of hire is made at the beginning of the month
for a period of one month, or for any period in excess thereof, such contract is
a monthly contract. In such a case, if the month is less than thirty days, a
full month's rent must be paid.
489. If a contract is made, for a period of one month and a
portion thereof has expired, the period of one month is considered to consist of
thirty days.
490. If a portion of the month has expired and a contract has
been concluded for a period of months, and the first month is not complete, such
month is completed by the payment of rent at so much per day, from days taken
from the last month, so as to make thirty days. The intervening months are
calculated as from the first day of each lunar month.
491. If a portion of the month has expired and the number of months is not
expressed, and a certain sum is agreed upon as being payable as rent for each
month, the first incomplete month is considered to consist of thirty days in the
same manner as the other months.
492. If a contract of hire is concluded for a period of one year
at the beginning of the month, the year is considered to consist of twelve
months.
493. If a portion of the month has expired and a contract of hire
has been concluded for a period of one year, the first month is calculated
according to days, and the other eleven months as from the first of the lunar
month.
494. If real property is hired at a rent of so much per month and
the number of months is not mentioned, a valid contract has been concluded. Upon
the completion of the first month, however, both the person giving and the
person taking such real property on hire may cancel the contact of hire on the
first night and day, however, have expired, such contract cannot be cancelled.
If one of the two contracting parties alleges that he has cancelled the contract
during the course of the month, such contract is cancelled as from the end of
the month. If during the course of the month one of the parties states that he
has cancelled the contract as from the beginning of following month, such
contract cancelled as from the beginning of the following month. If payment is
made in advance for two or more months, neither party may cancel the contract of
hire in respect to those months.
495. If a person hires another to work for a day from sunrise to
the time of evening prayer or till sunset, the conditions prescribed by local
custom must be observed as regards the performance of the work.
496. If a person is hired to work for a period of days, as for
example, a carpenter for a period of ten days, the contract is presumed to be
concluded with reference to the days following. If he is hired to do ten days
work during the summer, the contract of employment is invalid unless the month
is stated and the day from which the work is to commence.
CHAPTER V. OPTIONS.
SECTION I. CONTRACTUAL OPTIONS.
497. A contractual option exists in the case of hire, as in the case of sale. Either
or both of the parties may give or take on hire, subject to an option of a
certain number of days.
498. The person having the option may cancel the contract of hire
during the period of the option or may ratify such contract.
499. Both cancellation and ratification may be by word of mouth,
or in writing, or by conduct, as is set forth in Article 302,303 and 304.
Consequently, if person giving on hire possesses an option and performs any act
with regard to the thing hired indicative of the exercise of a right of
ownership, the contact of hire is cancelled by conduct. If the person taking on
hire possesses an option and performs any act with regard to the thing hired
indicative of the exercise of a right of ownership, the contract of hire is
cancelled by conduct. If the person taking on hire possesses an option and
performs any act with regard to the thing hired indicative of the exercise of
the right of a lessee, the contract of hire is ratified by conduct.
500. If the person possessing an option allows the period of the option to expire
without cancelling or carrying out the contract, the option is lost and the
contract of hire becomes irrevocable.
501. The period of option is presumed to run from the time of the conclusion of the
contract.
502. The commencement of the contract of hire is presumed to run from the time when
the option was lost.
503. If a piece of land taken on hire and said to consist of so
many yards or donums proves to be of greater or smaller extent, the contract of
hire is valid and the fixed rent becomes payable. Should it prove to be smaller,
however, the person taking the land on hire has the option of cancelling the
contract of hire.
504. If a piece of land is taken on hire at so much per donum the
rent is payable at so much per donum.
505. If a wage is fixed as payment for work to be performed by a
given period, the contract of hire is valid and the condition effective.
Examples:-
(1). A gives cloth to a tailor to be cut up and made into a shirt to be ready on
the same day.
(2). A hires a camel from B to carry him to Mecca in so many days.
In both cases the contract of hire is executory, and if the person giving the
thing on hire fulfils the condition, he can claim the fixed wage. If he fails to
do so, however, he is entitled to an estimated wage, provided such wage does not
exceed the wage.
506. The wages my validly be fixed alternatively in two or three
ways as regards the work, the workman, the load, the distance, the place and the
time, and the wages must be paid according to whichever way the work is carried
out. Examples:-
(1). A contract is made for back-stitching a thing for so much, and for over-
stitching it for so much. The wages must be paid according to the way in which
it is sewn.
(2). A contract is concluded for so much in respect to a shop to be used as a
perfumery and for so much as a forge. The person taking the thing on hire must
pay the fixed rent according to the way in which he uses the shop.
(3). A contract is concluded to load corn on a draught animal for so much and
iron for so much. The hire agreed upon must be paid according to the load used.
(4). A muleteer states that he has let a particular animal on hire to go to
CHORLU for one hundred piastres and to ADRIANOPLE for two hundred piastres and
to PHILIPOLIS for three hundred piastres. The person taking the animal on hire
must pay a sum corresponding to the place to which he goes.
(5). A states that he has let one particular house on hire for one hundred
piastres and another house for two hundred piastres. The person taking the house
on hire agrees. Such person must then pay the fixed rent according to whichever
house he lives in.
(6). A hands a cloak to a tailor stating that he will pay fifty piastres if it
stitched on the same day, and thirty piastres if it is stitched on the following
day. The contract is executory and the condition is valid.
SECTION II. OPTION OF INSPECTION.
507. The person taking the
thing on hire has an option of inspection.
508. An inspection of the thing hired is equivalent to an
inspection of the advantage to be derived therefrom.
509. If a person takes a piece of real property on hire without
seeing it, he may exercise an option as soon as he sees it.
510. If a person takes on hire a house which he has seen
previously, he has no option of inspection in respect to such house. However, if
the place is dilapidated and unfit for habitation to such an extent that its
original form is changed, such person may exercise an option.
511. A person hired to do a piece of work which changes in
accordance with any change in the subject-matter of such work, has an option of
inspection. Example:- An agreement is concluded with a tailor to stitch a
cloak. Upon seeing the cloth or the cloak, the tailor may exercise an
option.
512. There is no option of inspection attaching to a thing which
is not changed in accordance with any change in the subject-matter of such
work. Example:- A contract is made to clean a certain amount of cotton seed
for a certain sum of money . Although the person so employed has a not seen the
cotton seed, he has no option of inspection.
SECTION III. OPTION FOR DEFECT.
513. There is an option for
defect in the case of a contract of hire, as in a contract of sale.
514. In a contract of hire, the circumstance which creates an
option on account of defect is something which causes the complete loss of or
interference with the benefits sought to be obtained. Example:- A house is
entirely destroyed ; the utility of a mill is negatived by the water being cut
off; the frame of the roof of a house sinks; a place is knocked down so as to be
unsuitable for habitation; the back of a horse which is hired is injured by
galling. In all these cases there is an option for defect if they are taken on
hire, on account of the benefits sought to be obtained being destroyed. But
defects which do not interfere with the benefits sought to be obtained give no
right to an option for defect in the case of a contract of hire, as where the
plaster of a house falls off, but not to such an extent that rain and cold can
enter; or where the mane or tail of a horse is cut.
515. If a defect occurs in the thing hired before such thing has
been put to the use for which it was hired, such defect is considered to have
existed at the time the contract was concluded.
516. If a defect occurs in the thing hired, the person taking on
hire may exercise an option. He may either put the thing hired to the use for
which it was hired in spite of the defect, in which case he must pay the whole
of the rent, or he may cancel the contract of hire.
517. If the person giving a thing on hire removes a defect of
recent origin before the cancellation of the contract of hire by the person
taking such thing on hire, the latter has no right of cancellation. And if the
person taking the thing on hire wishes to take possession thereof for the
remainder of the period, the person giving such thing on hire cannot prevent him
from doing so.
518. If the person taking a thing on hire wishes to cancel the
contract of hire prior to the removal of a defeat of recent origin which
prevents the thing hired being put to the use for which it was hired, such
person may cancel the contract in the presence of the person giving the thing on
hire. He may not do so in his absence. If he cancels the contract in the
presence of the person giving the thing on hire, that is to say, without giving
him notice thereof, such cancellation is of no effect, and the rent continues to
be payable as heretofore.
If the benefits sought to be obtained are entirely lost, however, the contract
may be cancelled in the absence of the person giving the thing on hire.
whether the contract is cancelled or not the rent is not due, as is set forth in
Article 478. Example:- A place collapses and destroy the use to which a
house taken on hire can be put. The person taking the house on hire may cancel
the contract of hire .The cancellation, however, must take place in the presence
of the person letting the house on hire. If he fails to give notice and leaves
the house, he is bound to pay rent as though he had not left the house. If the
house is entirely destroyed, however, the person taking the house on hire may
cancel the contract without the necessity of doing so in the presence of the
person giving the house on hire. In any case the rent is not due.
519. If a room or a wall of a house collapses and the person
taking the house on hire does not cancel the contract of hire, but dwells in the
rest of the house, no portion of the rent is remitted.
520. If a person takes two houses on hire together for a certain some of money and
one of them collapses, he may leave both of them together.
521. If a house taken on hire as containing so many rooms proves
to contain fewer rooms that the stipulated number, the person taking the house
on hire has the option of cancelling the contract of hire or of agreeing to the
contract of hire and of paying the fixed rent. If he carries out the terms of
the contract of hire, however, he is not entitled to any reduction in the
rent.
CHAPTER VI. TYPE OF THING HIRED AND MATTERS RELATING THERETO.
SECTION I. MATTERS RELATING TO THE HIRE OF REAL PROPERTY.
522. A person may validly take a house or shop on hire without stating who is to live
therein.
523. If a person lets his house or shop on hire containing his goods or effects, the
contract of hire is valid, but the person letting such house or shop on hire is
bound to deliver the house or shop after taking out the goods or effects.
524. If a person takes a piece of land on hire without stating
what he will sow therein or without making a stipulation of a general nature to
the effect that he may sow whatever he likes, the contract of hire is voidable.
But if such matter is defined before cancellation, and the person giving the
land or hire agrees thereto, such contract becomes a valid contract of hire.
525. If a person takes a piece of land of hire with a right of sowing what he likes,
he may cultivate such land more than once in a year with a view to winter and
summer crops.
526. If the period of the contract of hire expires before the
crops are ripe, such crops may remain on the land until they are ripe, the
person taking such land on hire paying an estimated rent.
527. A person may validly conclude a contract of hire for a shop
or house without stating the use to which it is to be put, which matter is
settled according to custom.