Article 1352-9
Securities constituted for the payment of the obligation are carried over ipso jure to the obligation to make restitution without, however, depriving the guarantor of the benefit of the term.
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Showing 1651–1660 of 57361 articles for “Art. Cass. com. 13 May 1997 · CA Rouen 2 December 1999”
Securities constituted for the payment of the obligation are carried over ipso jure to the obligation to make restitution without, however, depriving the guarantor of the benefit of the term.
Payment costs are to be borne by the debtor.
Where there is joint and several liability between several debtors or between several creditors, and the confusion concerns only one of them, extinction takes place, with regard to the others, only fo…
Restitutions owed by an unemancipated minor or a protected adult of full age are reduced to the amount of the benefit he or she derived from the annulled deed.
The producer's liability towards the victim is not reduced by the act of a third party who contributed to the occurrence of the damage.
A party is free to waive the condition stipulated in its exclusive interest, as long as it has not been fulfilled or has not failed.
A remission of debt granted to one of the joint and several debtors discharges the others to the extent of its share.A remission of debt made by only one of the joint and several creditors discharges…
…n it prevented its fulfilment.A resolutory condition is deemed to have failed if its fulfilment was caused by the party who had an interest in it.
The person who returns the thing is liable for any damage or deterioration which has reduced its value, unless he is acting in good faith and the damage or deterioration is not due to his fault..
Restitution includes the fruits and the value of the enjoyment that the thing has provided.The value of the enjoyment is assessed by the judge on the day he makes his decision.Unless otherwise stipula…
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