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Showing 8791–8800 of 24245 articles for “Art. 1843-4”
A contracting party, the assignor, may assign his status as a party to the contract to a third party, the assignee, with the agreement of his co-contracting party, the assignee. This agreement may be…
The assignee may set up against the assignee the defences inherent in the debt, such as nullity, the defence of non-performance, rescission or set-off of related debts. The assignee may not raise agai…
A notation of a payment or other cause of discharge made by the creditor on an original document of title which has always remained in his possession is equivalent to a simple presumption of discharge…
The debtor may invoke subrogation as soon as he is aware of it, but it may not be set up against him unless he has been notified of it or has taken note of it.Subrogation may be set up against third p…
The registers and documents that professionals are required to keep or draw up have, against their author, the same evidential force as writings under private signature; but the person relying on them…
Subrogation takes place by operation of law alone in favour of the person who, having a legitimate interest therein, pays whenever his payment discharges from liability to the creditor the person on w…
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…
Subrogation also occurs where the debtor, borrowing a sum for the purpose of paying his debt, subrogates the lender in the rights of the creditor with the latter's concurrence. In this case, the subro…
Subrogation cannot prejudice the creditor where he has been paid only in part; in that case, he may exercise his rights, in respect of what remains due to him, in preference to the person from whom he…
Domestic registers and papers are not evidence in favour of the person who wrote them.They are evidence against him:1° In all cases where they formally state a payment received;2° When they contain th…
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