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Showing 111–120 of 36943 articles for “Art. Cass. 2e civ. 4-12-2003 n° 02-10.387”
The Cour de cassation is not obliged to refer to the Conseil constitutionnel a priority question of constitutionality challenging, on the same grounds, a legislative provision already before the Conse…
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…
Resolution terminates the contract. Resolution takes effect, depending on the case, either under the conditions provided for by the resolutory clause, or on the date of receipt by the debtor of the no…
The court may, even of its own motion, substitute a new decision for that of the guardianship judge or the deliberation of the family council. Until the close of the proceedings before the court, the…
An appeal is lodged by declaration made or sent by registered letter with acknowledgement of receipt to the registry of the court of first instance. The clerk registers the appeal on its date; he issu…
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