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Volume 109, Issue 42
Page 6
Royal Gazette

8 April 2535





Section4.The law must be applied to all cases covered by the letter or spirit of any of its provisions.

When no provision of law can be raised to settle a case, the case shall be ruled in line with a local custom. If no such local custom exists, the case shall be ruled by analogy to the closest provision of law. And if no such provision of law exists also, it shall be ruled in line with a general principle of law.

Section5.In exercising his rights and in performing obligations, every person must act in good faith.

Section6.It shall be presumed in the first place that every person acts in good faith.

Section7.If interest has to be paid from one to another and no rate thereof has been designated by a juristic act or by an express provision of law, the rate of seven and a half per cent per year shall apply.

Section8.The term force majeure refers to any cause which will occur or give a disastrous result and which cannot be prevented even when the person against whom it will occur or is about to occur might have exercised such appropriate care as should be expected from him in such state and condition.

Section9.When the law requires any affair to be effected in writing, the person from whom the writing is required is not required to write it himself, but the writing must be affixed with his signature.

A fingerprint, cross, seal, or other similar symbol affixed to a document instead of a signature shall be deemed equivalent to a signature if countersigned by two witnesses.

The stipulation of paragraph 2 does not apply to a fingerprint, cross, seal or other similar symbol affixed to a document in the presence of a competent authority.

Section10.When a stipulation of a document may be interpreted in two senses, the sense which will give some effect shall be preferred over the sense which will give no effect.