Article 1231-5
…interest which the partial performance has procured for the creditor, without prejudice to the application of the preceding paragraph.Any stipulation contrary to the preceding two paragraphs is deemed…
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Showing 1–10 of 62298 articles for “Art. 1231-1 et 1231-5 · CA Versailles 20 April 1995 · Cass. 2e civ. 10 July 2003 · Cass. 1re civ. 11 September 2013 n° 12-24.812”
…interest which the partial performance has procured for the creditor, without prejudice to the application of the preceding paragraph.Any stipulation contrary to the preceding two paragraphs is deemed…
Unless the non-performance is definitive, damages are only payable if the debtor has first been given notice to perform within a reasonable period.
Notifications that must be made at the registry's behest are made by registered letter with acknowledgement of receipt; the judge may, however, decide that they will be made by bailiff's deed. The iss…
The debtor is ordered, where appropriate, to pay damages either for the non-performance of the obligation or for the delay in performance, if he does not prove that performance was prevented by force…
The debtor is only liable for damages which were provided for or could have been provided for when the contract was concluded, except where the non-performance is due to gross negligence or wilful mis…
In all matters, an award of compensation carries interest at the legal rate even in the absence of a claim or special provision in the judgment. Unless otherwise provided by law, such interest shall a…
Even where the non-performance of the contract is the result of gross negligence or wilful misconduct, damages only include what is an immediate and direct consequence of the non-performance.
…he loss he has made and the gain of which he has been deprived, subject to the exceptions and modifications below.
…without the creditor being required to justify any loss.A creditor to whom his debtor in delay has caused, by his bad faith, prejudice independent of that delay, may obtain damages and interest disti…
A trust contract is void if it proceeds from a liberal intention for the benefit of the beneficiary. This nullity is of public order.
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