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Showing 111–120 of 5368 articles for “Art. 13 juill. 2010”
Res judicata applies only to what is the subject of the judgment. The thing sought must be the same; the claim must be based on the same cause of action; the claim must be between the same parties, an…
Except where the law provides otherwise, proof may be provided by any means.
The deed under private signature countersigned by the lawyers of each of the parties or by the lawyer of all the parties is proof of the handwriting and signature of the parties, both with regard to t…
A reliable copy has the same probative value as the original. Reliability is left to the discretion of the judge. Nevertheless, an enforceable or authentic copy of an authentic writing is deemed relia…
A person who, without being obliged to do so, knowingly and usefully manages the business of another, without the knowledge or opposition of the master of that business, is subject, in the performance…
Any payment presupposes a debt; what has been received without being due is subject to restitution. Restitution is not admitted in respect of natural obligations which have been voluntarily discharged…
Novation takes place only if both the old obligation and the new obligation are valid, unless its declared object is to substitute a valid undertaking for an undertaking which is vitiated by a defect.
Novation agreed between the creditor and one of the joint and several debtors discharges the others. A novation agreed between the creditor and a guarantor does not release the principal debtor. It re…
Where the delegator is indebted to the delegatee but the delegatee has not discharged him of his debt, the delegation gives the delegatee a second debtor. Payment made by one of the two debtors discha…
The impossibility of performing the service discharges the debtor to the extent of such impossibility if it is due to force majeure and is definitive, unless the debtor has agreed to take responsibili…
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