Volume 109, Issue 42
Royal Gazette
8 April 2535
Section171.In interpreting an expression of intention, focus shall be made upon the true intention rather than the wording or letter.
Section172.No void act can be confirmed and any interested person can raise the nullity of the void act.
If property has to be returned as a result of a void act, the provisions of this Code regarding unjust enrichment shall apply.
Section173.If any part of a juristic act is void, the entire juristic act is void, save where it can be presumed from the circumstances of the case that the parties intended the sound part to be severable from the void part.
Section174.Any act which is void but bears the characteristics of another sound juristic act shall be deemed to be the sound juristic act if it can be presumed from the circumstances of the case that such other sound juristic act would have been intended from the outset by the parties had they been aware of the voidness.
Section175.A voidable act can be avoided by the following persons:
(1)the legal representative or the minor upon reaching majority, but the minor may avoid it before reaching majority if he has obtained the consent of the legal representative;
(2)the person adjudged incompetent or quasi-incompetent by a court order, upon being discharged from the incompetence or quasi-incompetence, or the custodian, or the curator, as the case may be, but the quasi-incompetent person may avoid it before being discharge from the quasi-incompetence if he has obtained the consent of the custodian;
(3)the person expressing his intention under a mistake, or fraud, or duress;
(4)the insane person who did the voidable act according to section 30, when he is no longer insane.
If the person who did the voidable act dies prior to avoiding it, his heir may avoid it.
