Article 1231-4
Even where the non-performance of the contract is the result of gross negligence or wilful misconduct, damages only include what is an immediate and direct consequence of the non-performance.
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Showing 4721–4730 of 50814 articles for “Art. I · CE 12 October 2018 n° 401292 · TA Rennes 13 December 2001 · BOI-BIC-PVMV-20-40-20”
Even where the non-performance of the contract is the result of gross negligence or wilful misconduct, damages only include what is an immediate and direct consequence of the non-performance.
Damages due to the creditor are, in general, for the loss he has made and the gain of which he has been deprived, subject to the exceptions and modifications below.
The debtor is ordered, where appropriate, to pay damages either for the non-performance of the obligation or for the delay in performance, if he does not prove that performance was prevented by force…
Damages and interest due for delay in payment of an obligation to pay a sum of money consist of interest at the legal rate, from the date of the formal notice.These damages and interest are due withou…
Where the contract stipulates that the party who fails to perform it shall pay a certain sum by way of damages, no greater or lesser sum may be awarded to the other party.However, the judge may, even…
The execution on the territory of the Republic of seizures that are the subject of a request made by a foreign judicial authority, pursuant to an international agreement, shall be ordered, at the adva…
Where night work is incompatible with overriding family obligations, in particular childcare or the care of a dependent person, refusal to work the night shift does not constitute misconduct or ground…
In the absence of a stipulation in the agreement concluded in application of article L. 3133-11, the arrangements for the Solidarity Day are defined by the employer, after consultation with the Social…
The terms and conditions for the application of this chapter shall be determined as necessary by decree in the Conseil d'Etat.
An operator of voluntary sales of movable property by public auction mentioned in Article L. 321-4 may guarantee the seller a minimum auction price for the property offered for sale. If the property h…
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