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Showing 711–720 of 5384 articles for “Art. 13 juill. 2005”
The fulfilment of the resolutory condition extinguishes the obligation retroactively, without calling into question, where applicable, acts of conservation and administration.Retroactivity does not ta…
If the creditor has agreed to the assignment in advance and has not intervened in it, he may only invoke it or rely on it from the day on which it was notified to him or as soon as he has taken note o…
Subject to the provisions of the following sub-section, set-off occurs only between two obligations which are fungible, certain, liquid and due.Obligations for sums of money, even in different currenc…
The surety may set off what the creditor owes to the principal debtor. A joint and several debtor may rely on set-off of what the creditor owes to one of his co-obligors to have the latter's divided s…
Enrichment is unjustified where it arises neither from the fulfilment of an obligation by the impoverished person nor from his liberal intention.
Before the suspensive condition is fulfilled, the debtor must refrain from any act that would prevent the proper performance of the obligation; the creditor may perform any conservatory act and attack…
If the creditor expressly consents, the original debtor is discharged for the future. Failing this, and unless otherwise agreed, they are jointly and severally liable for payment of the debt.
The debtor of an obligation to deliver a certain body is discharged by its delivery to the creditor in the same condition, unless he proves, in the case of deterioration, that the deterioration is not…
If the obstruction has not ended within two months of the formal notice, the debtor may, where the obligation relates to a sum of money, consign it to the Caisse des dépôts et consignations or, where…
Conventional subrogation occurs on the creditor's initiative where the creditor, receiving his payment from a third party, subrogates that third party in his rights against the debtor.This subrogation…
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