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Showing 7561–7570 of 24797 articles for “Art. 4 mars 2021”
Where the delegating party is a creditor of the delegatee, its claim is extinguished only by the performance of the delegatee's obligation to the delegatee and in due proportion.
Depending on the circumstances, the court may declare the contract null and void or order its performance, possibly granting the debtor a time limit, or award only damages.
The mere indication by the debtor of a person designated to pay in his place does not entail novation or delegation. The same applies to the mere indication made by the creditor of a person designated…
Where the delegator is a debtor of the delegatee and the delegatee's intention to discharge the delegator is expressly stated in the deed, the delegation constitutes novation. However, the delegator r…
In any event, termination may be requested in court.
Termination results either from the application of a resolutory clause or, in the event of sufficiently serious non-performance, from notification by the creditor to the debtor or from a court decisio…
Where the delegator is indebted to the delegatee but the delegatee has not discharged him of his debt, the delegation gives the delegatee a second debtor. Payment made by one of the two debtors discha…
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.
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…
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