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Showing 111–120 of 5805 articles for “Art. 12 janv. 2022”
A party may suspend performance of its obligation if it is clear that the other party will not perform when due and if the consequences of such non-performance are sufficiently serious for the party.…
Termination does not affect dispute settlement clauses or clauses intended to be effective even in the event of termination, such as confidentiality and non-competition clauses.
When the parties have entered into an apparent contract that conceals a hidden contract, the latter, also known as a counter-letter, is effective between the parties. It is not enforceable against thi…
Any act whatsoever by man which causes damage to another person obliges the person through whose fault it occurred to make reparation for it.
A party may refuse to perform his obligation, even though it is due, if the other party does not perform his and if such non-performance is sufficiently serious.
The resolutory clause specifies the undertakings whose non-performance will result in the termination of the contract. The resolution is subject to an unsuccessful formal notice, if it has not been ag…
The creditor may, at his own risk, rescind the contract by notice. Except in emergencies, it must first give formal notice to the defaulting debtor to fulfil its undertaking within a reasonable period…
Unless the non-performance is definitive, damages are only payable if the debtor has first been given notice to perform within a reasonable period.
Expenses incurred to prevent the imminent occurrence of damage, to avoid its worsening or to reduce its consequences constitute compensable loss.
The beneficiary is vested with a direct right to the benefit against the promisor as soon as the stipulation is made. Nevertheless the stipulator may freely revoke the stipulation as long as the benef…
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