Article 758-6
Gifts received from the deceased by the surviving spouse are deducted from the latter's rights in the succession. Where the gifts thus received are less than the rights defined in articles 757 and 757…
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Showing 8641–8650 of 33744 articles for “Art. III”
Gifts received from the deceased by the surviving spouse are deducted from the latter's rights in the succession. Where the gifts thus received are less than the rights defined in articles 757 and 757…
By way of derogation from article 757-2, in the event of the predecease of the father and mother, the property which the deceased had received from his ascendants by succession or gift and which is in…
In the absence of children or descendants of the deceased and his or her father and mother, the surviving spouse receives the entire estate.
The spouse is deemed to have opted for the usufruct if he or she dies without having taken part.
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…
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