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Book 4: Obligations & Contracts
Title XIV. – COMPROMISES AND ARBITRATIONS
CHAPTER 1 > COMPROMISES
Art. 2028. A compromise is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced. (1809a)
Art. 2029. The court shall endeavor to persuade the litigants in a civil case to agree upon some fair compromise. (n)
Art. 2030. Every civil action or proceeding shall be suspended:
(1) If willingness to discuss a possible compromise is expressed by one or both parties; or
(2) If it appears that one of the parties, before the commencement of the action or proceeding, offered to discuss a possible compromise but the other party refused the offer.
The duration and terms of the suspension of the civil action or proceeding and similar matters shall be governed by such provisions of the rules of court as the Supreme Court shall promulgate. Said rules of court shall likewise provide for the appointment and duties of amicable compounders. (n)
Art. 2031. The courts may mitigate the damages to be paid by the losing party who has shown a sincere desire for a compromise. (n)
Art. 2032. The court’s approval is necessary in compromises entered into by guardians, parents, absentee’s representatives, and administrators or executors of decedent’s estates. (1810a)
Art. 2033. Juridical persons may compromise only in the form and with the requisites which may be necessary to alienate their property. (1812a)
Art. 2034. There may be a compromise upon the civil liability arising from an offense; but such compromise shall not extinguish the public action for the imposition of the legal penalty. (1813)
Art. 2035. No compromise upon the following questions shall be valid:
(1) The civil status of persons;
(2) The validity of a marriage or a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime. (1814a)
Art. 2036. A compromise comprises only those objects which are definitely stated therein, or which by necessary implication from its terms should be deemed to have been included in the same.
A general renunciation of rights is understood to refer only to those that are connected with the dispute which was the subject of the compromise. (1815)
Art. 2037. A compromise has upon the parties the effect and authority of res judicata; but there shall be no execution except in compliance with a judicial compromise. (1816)
Art. 2038. A compromise in which there is mistake, fraud, violence, intimidation, undue influence, or falsity of documents, is subject to the provisions of Article 1330 of this Code.
However, one of parties cannot set up a mistake of fact as against the other if the latter, by virtue of the compromise, has withdrawn from a litigation already commenced. (1817a)
Art. 2039. When the parties compromise generally on all differences which they might have with each other, the discovery of documents referring to one or more but not to all of the questions settled shall not itself be a cause for annulment or rescission of the compromise, unless said documents have been concealed by one of the parties.
But the compromise may be annulled or rescinded if it refers only to one thing to which one of the parties has no right, as shown by the newly-discovered documents. (n)
Art. 2040. If after a litigation has been decided by a final judgment, a compromise should be agreed upon, either or both parties being unaware of the existence of the final judgment, the compromise may be rescinded.
Ignorance of a judgment which may be revoked or set aside is not a valid ground for attacking a compromise. (1819a)
Art. 2041. If one of the parties fails or refuses to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand. (n)
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Filed under 14. Compromises & Arbitrations
· 10:43 AM
Book 4: Obligations & Contracts
Title XIV. – COMPROMISES AND ARBITRATIONS
CHAPTER 2 > ARBITRATIONS
Art. 2042. The same persons who may enter into a compromise may submit their controversies to one or more arbitrators for decision. (1820a)
Art. 2043. The provisions of the preceding Chapter upon compromises shall also be applicable to arbitrations. (1821a)
Art. 2044. Any stipulation that the arbitrators’ award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040. (n)
Art. 2045. Any clause giving one of the parties power to choose more arbitrators than the other is void and of no effect. (n)
Art. 2046. The appointment of arbitrators and the procedure for arbitration shall be governed by the provisions of such rules of court as the Supreme Court shall promulgate. (n)

Qualifications for a Bail Bond Agent
By Michael Wolfe, eHow Contributor * * * Share * * Print this article
Bail bondsmen must meet certain qualifications.
Bail bond agents are individuals licensed to help people who are arrested for a crime pay for the cost of their bonds. The arrested person will generally put up part of the money required for bond, and the bail bond agent will, for a fee, put up the rest. This money will be repaid to the agent when the arrested person appears in court or is rearrested. Most states have specific qualifications for bail bond agents.
Other People Are Reading * Requirements to Become a Licensed Bail Agent * Bail Bond Agent Training 1. Education * In many states, bail bond agents must have received a high school diploma. In other states, though, no degree or diploma is necessary, although the applicant will be required to take and pass certain classes specific to the job.
Age/Citizenship
* Most states require that bail bond agents be at least 18 years old and hold U.S. citizenship. Some states require that the agent be 21; others allow permanent residents to apply as well. * Sponsored Links * Start Download
Download Free Software: Converter Get Started! www.download.flvrunner.com Background * Bail bond agents are usually required to have a background that is free of major crimes. Often they will be fingerprinted and forced to undergo a background check. Some states, such as Florida, also require that bail agents produce several recommendations of character before being licensed.
Employment by a Licensed Agency * Bail agents usually must be employed by a licensed agent. If they are self-employed, they must receive a business license in addition to an individual license.
License
* Nearly all states require that a bail agent apply for and receive a license. There a number of requirements for this, the first of which is to fill out a preliminary application. This license will need to be renewed every few years, depending on the state.
Training
* Most licenses are contingent upon the bail bond agents attending certain classes informing them of pertinent laws and procedures of the state. The bail agents will generally have to pay for these classes themselves.
Experience
* Some states, such as Florida, require that the bail bond agent complete an internship in the industry under the supervision of a licensed bail bond agent.
Exam
* At the culmination of the licensing process, a bail bond agent will usually have to take and pass a written exam testing his or her knowledge of bail bond laws and procedures.
Insurance
* Most states require that a bail bond agent be insured. A person applying to be a bail bond agent should be assured that he can find a company that is willing to sponsor him for a reasonable premium.
Fees
* Lastly, a bail bond agent must have the financial ability to pay a set of fees that come with processing his or her license and application. The specific amount will vary between states, but the agent should plan on paying several hundred dollars in administrative costs.

Read more: http://www.ehow.com/list_6160239_qualifications-bail-bond-agent.html#ixzz2vKRKADXe

Contract arbitration is a legal process in which a disagreement resulting from a contract is resolved. Contract arbitration is a form of adjudication of the legal issues and questions that arise in a contract dispute. In most cases, arbitration related to a contract is legally binding.
When two parties write and sign a legal contract, both parties are bound to honor the terms of that contract. If one party fails to honor the terms of the contract, it is considered a breach. A person or entity who breaches a subject can be made to pay monetary damages if the breach injured the other party financially.
Many modern contracts create arbitration clauses to deal with breaches or with other contract disputes. An arbitration clause is a contract clause that mandates that disputes will be resolved by arbitration. In other words, when and if the two parties in the contract have a problem, the problem will be resolved by an arbitrator instead of by a judge.
Arbitration can be structured in a number of ways. Most commonly, an arbitrator or a panel of arbitrators will listen to evidence and arguments from both sides regarding the dispute. The arbitrator will then come to a decision on which party is correct. compromise 1) n. an agreement between opposing parties to settle a dispute or reach a settlement in which each gives some ground, rather than continue the dispute or go to trial. Judges encourage compromise and settlement, which is often economically sensible, since it avoids mounting attorneys fees and costs. 2) v. to reach a settlement in which each party gives up some demands.

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