Article 1331
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.
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Showing 1221–1230 of 20753 articles for “Art. CA Paris 13-6-2024 n° 22/08263”
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…
…age by the death of one of them, the surviving spouse shall have the option of acquiring or, as the case may be, having attributed to him or her in the partition certain personal property of the prede…
…that is personal to another co-debtor extinguishes the latter's divided share, in particular in the case of set-off or remission of a debt, he may rely on it to have it deducted from the total debt.
Joint and several debtors are jointly and severally liable for the non-performance of the obligation. The onus is definitively on those to whom the non-performance is attributable.
…sideration or free of charge, all or part of his claim against the assigned debtor to a third party called the assignee. It may relate to one or more present or future, determined or determinable clai…
…bts. He may also raise defences arising from his dealings with the assignor before the assignment became enforceable against him, such as the granting of a term, the remission of a debt or the set-off…
The judicial administration of evidence and disputes relating thereto are governed by the code of civil procedure.
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