Article 1327-2
If the creditor expressly consents, the original debtor is discharged for the future. Failing this, and unless otherwise agreed, they are jointly and severally liable for payment of the debt.
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Showing 1061–1070 of 23743 articles for “Art. Cass. 13 March 2008 – counterfeit as dispossession”
If the creditor expressly consents, the original debtor is discharged for the future. Failing this, and unless otherwise agreed, they are jointly and severally liable for payment of the debt.
If the obstruction has not ended within two months of the formal notice, the debtor may, where the obligation relates to a sum of money, consign it to the Caisse des dépôts et consignations or, where…
…n his rights against the debtor.This subrogation must be express.It must be agreed at the same time as payment, unless, in an earlier act, the subrogating party has expressed the intention that his co…
…cannot be seized and obligations to return a deposit, a loan for use or a thing of which the owner has been unjustly deprived are only compensable if the creditor consents.
He who has received in bad faith owes the interest, the fruits he has received or the value of the enjoyment from the date of payment. One who has received in good faith owes them only from the day of…
Failing any other designation by law, contract or judge, payment must be made at the debtor's domicile.
Compensation is without prejudice to rights acquired by third parties.
…s would have occurred in the same way if the obligation had been performed.He is, however, bound to assign to his creditor the rights and actions attached to the thing.
The term may be express or tacit.Failing agreement, the judge may fix it in consideration of the nature of the obligation and the situation of the parties.
The debtor may not claim the benefit of the term if he fails to provide the security promised to the creditor or if he reduces the security securing the obligation.
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