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Showing 1011–1020 of 21043 articles for “Art. Cass. com. 13 April 2022”
Conventional subrogation occurs on the creditor's initiative where the creditor, receiving his payment from a third party, subrogates that third party in his rights against the debtor.This subrogation…
Claims that 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.
Where the impossibility of performance results from the loss of the thing due, the debtor put on notice is nevertheless discharged if he proves that the loss would have occurred in the same way if the…
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.
The creditor may refuse a partial payment even if the benefit is divisible.He may agree to receive in payment something other than what is due..
The court may only refer the oath of its own motion, either on the application or on the objection to it, if it is not fully justified or completely devoid of evidence.
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