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Showing 7991–8000 of 17962 articles for “Art. 5 avr. 2011”
An action to supplement a share is not permitted against a sale of undivided rights made without fraud to an undivided co-owner by his co-owners or by one of them, where the transfer involves a contin…
An action in complement of share is admitted against any act, whatever its denomination, the object of which is to put an end to indivision between co-partitioners. The action is no longer admitted wh…
Where one of the co-partitioners establishes that he has suffered an injury of more than one quarter, the supplement to his share shall be provided, at the option of the defendant, either in cash or i…
The simple omission of an undivided asset gives rise to a supplementary division relating to that asset.
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.
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…
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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