Title Second: Effects of Settlement

Article 1035

Art. 1035 - The transaction is a contract whereby the parties, by means of mutual concessions, settle a dispute that has arisen or prevent a dispute that may arise.

Article 1036

Art. 1036 - To compromise, one must have the capacity to alienate, for valuable consideration, the objects included in the transaction.

Article 1037

Art. 1037 - One cannot negotiate on a question of status or public order, or on personal rights which are not in commerce; but one can negotiate on a pecuniary interest resulting from a question of status or a tort.

Article 1038

Art. 1038 - The parties may compromise with regard to rights or things, even if their value is uncertain to them.

Article 1039

Art. 1039 - It is not permissible to compromise on the right to alimony. It is permissible to compromise on the manner of providing alimony, or on the manner of paying arrears that have already fallen due.

Article 1040

Art. 1040 - One may settle, for a sum less than the share reserved by law, the hereditary rights already acquired, provided that the parties know the proportion of the succession.

Article 1041

Art. 1041 - When the transaction involves the creation, transfer, or modification of rights over real estate or other objects that can be mortgaged, it must be made in writing, and has no effect unless it has been registered in the land registry.