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Showing 3251–3260 of 25872 articles for “Art. Cass. 1ère civ. 10-10-2012 n° 11-17.891”
A contract that does not fulfil the conditions required for its validity is null and void. Nullity must be pronounced by the judge, unless the parties establish it by mutual agreement. The annulled co…
Relative nullity can only be requested by the party whom the law intends to protect. It may be covered by confirmation. If the action for relative nullity has several holders, the renunciation of one…
The contract is interpreted according to the common intention of the parties rather than by stopping at the literal meaning of its terms. Where this intention cannot be detected, the contract is inter…
The obligation to deliver the thing entails an obligation to preserve it until delivery, taking all the care of a reasonable person.
Where the cause of nullity affects only one or more clauses of the contract, it entails nullity of the entire act only if that clause or those clauses constituted a determining element of the commitme…
Any clause that deprives the debtor's essential obligation of its substance is deemed unwritten.
Where a writing is required for a contract to be valid, it may be drawn up and stored in electronic form under the conditions laid down in Articles 1366 and 1367 and, where an authentic instrument is…
The requirement to send several copies is deemed to have been met by electronic means if the written document can be printed by the recipient.
Absolute nullity may be requested by any person justifying an interest, as well as by the public prosecutor. It cannot be covered by confirmation of the contract.
A plea of nullity is not time-barred if it relates to a contract that has not been performed.
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