Article 1331
Novation takes place only if both the old obligation and the new obligation are valid, unless its declared object is to substitute a valid undertaking for an undertaking which is vitiated by a defect.
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Showing 2071–2080 of 52912 articles for “Art. CA Versailles 13 January 2000 · Cass. com. 27 February 2001 · Cass. com. 6 May 2002 · CA Poitiers 26 November 1986 · Cass. com. 4 December 2012”
Novation takes place only if both the old obligation and the new obligation are valid, unless its declared object is to substitute a valid undertaking for an undertaking which is vitiated by a defect.
Novation agreed between the creditor and one of the joint and several debtors discharges the others. A novation agreed between the creditor and a guarantor does not release the principal debtor. It re…
Joint and several debtors are jointly and severally liable for the non-performance of the obligation. The onus is definitively on those to whom the non-performance is attributable.
The judicial administration of evidence and disputes relating thereto are governed by the code of civil procedure.
The written word consists of a sequence of letters, characters, numbers or any other signs or symbols with an intelligible meaning, whatever their medium.
A contest between successive assignees of a claim is resolved in favour of the first in date; he has recourse against the person to whom the debtor would have made a payment.
The debtor is put on notice to pay either by a summons or an act providing sufficient interpellation, or, if the contract so provides, by the mere due date of the obligation.
A deed under private signature, recognised by the party against whom it is opposed or legally held to be recognised with respect to that party, is authentic between those who have subscribed it and wi…
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.
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.
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