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Showing 9871–9880 of 25519 articles for “Art. IV bis”
The assignee may set up against the assignee the defences inherent in the debt, such as nullity, the defence of non-performance, rescission or set-off of related debts. The assignee may not raise agai…
…obligation is conditional when it depends on a future and uncertain event. The condition is suspensive when its fulfilment renders the obligation pure and simple. It is resolutory when its fulfilment…
A suspensive condition is deemed to have been fulfilled if the party who had an interest in it prevented its fulfilment.A resolutory condition is deemed to have failed if its fulfilment was caused by…
The condition must be lawful. Failing this, the obligation is void.
The fulfilment of the resolutory condition extinguishes the obligation retroactively, without calling into question, where applicable, acts of conservation and administration.Retroactivity does not ta…
Before the suspensive condition is fulfilled, the debtor must refrain from any act that would prevent the proper performance of the obligation; the creditor may perform any conservatory act and attack…
The obligation becomes pure and simple as from the fulfilment of the suspensive condition.However, the parties may provide that the fulfilment of the condition will have retroactive effect to the day…
The guarantee on the grounds of eviction ceases when the purchaser has allowed himself to be condemned by a judgment of last resort, or whose appeal is no longer admissible, without calling his seller…
But if the purchaser has made a profit from the damage done by him, the seller is entitled to withhold from the price a sum equal to that profit.
If the thing sold is found to have increased in price at the time of the eviction, independently even of the act of the purchaser, the seller is obliged to pay him what it is worth above the sale pric…
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