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Showing 9931–9940 of 52212 articles for “Art. 1844-1”
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 restitution of a thing other than a sum of money takes place in kind or, where this is impossible, in value, estimated on the day of restitution.
It may be substituted for writing by judicial confession, decisive oath or prima facie evidence in writing corroborated by another means of proof.
Prima facie evidence in writing is any writing which, emanating from the person contesting an act or from the person he represents, renders probable what is alleged. The judge may consider as equivale…
The evidential value of statements made by a third party under the conditions of the code of civil procedure is left to the discretion of the judge.
In framework contracts, it may be agreed that the price will be set unilaterally by one of the parties, with the onus on that party to justify the amount in the event of a dispute. In the event of abu…
Lapse terminates the contract. It may give rise to restitution under the conditions set out in articles 1352 to 1352-9.
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