Article 1352
The restitution of a thing other than a sum of money takes place in kind or, where this is impossible, in value, estimated on the day of restitution.
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Showing 971–980 of 20743 articles for “Art. n° 13-27.525 et 14-10.907”
The restitution of a thing other than a sum of money takes place in kind or, where this is impossible, in value, estimated on the day of restitution.
It may be substituted for writing by judicial confession, decisive oath or prima facie evidence in writing corroborated by another means of proof.
Prima facie evidence in writing is any writing which, emanating from the person contesting an act or from the person he represents, renders probable what is alleged. The judge may consider as equivale…
…ments made by a third party under the conditions of the code of civil procedure is left to the discretion of the judge.
A debtor may, with the agreement of the creditor, assign his debt.The assignment must be evidenced in writing, on pain of nullity.
…t extinguishes, a new obligation which it creates. It can take place by substitution of obligation between the same parties, by change of debtor or by change of creditor.
Novation cannot be presumed; the intention to effect it must be clear from the instrument.
…ird, the delegatee, who accepts it as a debtor. The delegate may not, unless otherwise stipulated, set up against the delegatee any exception drawn from its relationship with the delegator or from the…
…the integrity of the document is guaranteed, under conditions laid down by decree in the Conseil d'Etat.
…proportion to their own share. If one of them is insolvent, his share is divided, by contribution, between the solvent co-debtors, including the one who made the payment and the one who benefited from…
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