Article 1704[edit] In collective bargaining, the trade union or the signatories of the contract of the members of the board of directors or the committee are liable for its non-performance. Exceptional random events are: fires, wars, epidemics, unusual floods, locusts, earthquakes or others that are unusual and that the Parties could not reasonably have foreseen. (1575) The same rule applies when the contractor is unable to complete the work due to circumstances beyond its control. (1595) Article 1344. For a contract to be challenged by fraud, it must be serious and not have been enforced by both parties. Assignments by incriminating securities are also considered fraudulent if they are made by persons against whom a judgment has been rendered. The decision or seizure does not necessarily have to relate to the assets sold and does not need to have been obtained by the party requesting the withdrawal. 1645. Consumer goods may be the subject of a lease contract only if they are simply to be issued or if they are accessories for an industrial enterprise. (1545 bis) There is also no withdrawal if the objects covered by the contract are legally in the possession of third parties who have not acted in bad faith. 1540. If, in the case of the above article, there is an area or number of immovables larger than that specified in the contract, the seller may accept the area included in the contract and reject the rest. If he accepts the entire territory, he must pay for it at the price of the contract.
(1470a) I am an official of our homeowners` association. My problem is with the security guards that we hired for a period of one year to maintain the security of the subdivision premises. We consider that the services of these guards are inadequate due to minor violations. We have already informed the agency of the possible termination of their services, but the agency claimed that we could not simply terminate the contract as it did not give any reason for termination. I have reviewed the contract and, in fact, no reason has been given for its early termination. Is the security agency right? Article 1309[edit] The determination of enforcement may be left to a third party whose decision is not binding until it has been notified to both Contracting Parties. (n) Article 1714. If the contractor agrees to make the work from materials supplied by him, he must hand over the manufactured item to the employer and transfer control of the item.
This contract is governed by the following articles as well as by the relevant provisions relating to the guarantee of ownership and against hidden defects and the payment of the price in a purchase contract. (n) All fruits must refer to the Vendée from the date of conclusion of the contract. (1468 bis) Under Article 1410, null and void contracts cannot be remedied by prescription, but they can be challenged. Cancellable contracts can also be cured on prescription, while unenforceable contracts cannot. Article 1373[edit] If a provision of a contract permits several meanings, it is presumed to bear the importation best suited to make it effective. (1284) (4) That it has the right to transfer ownership of the goods and that the goods are commercially customary or fit for a specific purpose, if such warranties had been implied, if the parties` contract had been to transfer the goods so represented without title. (n) If the right to bring an action is based on the legal incapacity of one of the contracting parties, the loss of the property shall not prevent the success of the action, unless the damage was due to fraud or fault on the part of the claimant. (1314 bis) When we talk about the termination of a contract, we are talking about the termination or cancellation of a contract and therefore the cancellation of the obligations provided for therein. After the cancellation, it is as if the contract never existed and both parties could return to what they were before the contract was signed. Article 1592[edit] Although it may have been agreed in the case of the sale of immobility that in the event of non-payment of the price at the agreed time, the seller may also pay after the expiry of the period, as long as a request for termination of the contract has not been made either before a court or notarily. After the application, the court cannot grant it a new period of time. (1504 bis) Article 2220.
Intentional damage to property may constitute a legal ground for awarding non-pecuniary damage if the court considers that such damage is rightly due in the circumstances. The same rule applies to breaches of contract in which the defendant has acted fraudulently or in bad faith. Article 1606[edit] The right referred to in Article 1601 is, unless expressly agreed, four years from the date of the contract. (10) the client`s liaison in a partnership contract; Article 2255[amend] Previous laws govern acts and contracts the condition or period of which was performed or concluded before the validity of this Code, even if the condition or period may still be pending at the time of entry into force of this Law. (n) The transfer of ownership shall not be deemed to have been cancelled by the unpaid seller until it has expressed its intention to withdraw by notice to the buyer or by any other open deed. It is not necessary for such an open action to be communicated to the Buyer, but the complaint or omission of the intention to withdraw to the Buyer is relevant in any question concerning whether the Buyer was in default for an unreasonable period of time before asserting the right of withdrawal. (n) “Therefore, unless a provision relating to a right of withdrawal is provided, the parties may nevertheless terminate the contract if the other debtor fails to fulfil its obligations.” Kind. 1965. A deposit is a free contract, unless otherwise agreed or if the depositary is engaged in the storage of goods.
(1760 bis) Article 1659. If the lessor or tenant does not comply with the obligations set out in articles 1654 and 1657, the injured party may request the termination of the contract and compensation for the damages, or only the latter, so that the contract can remain in force. (1556) 1. Before the celebration of the contract, a loan must be available; A revocable contract is a contract that has been legally concluded by the contracting parties, but has caused economic damage to one of the parties or to an external party. The court may therefore terminate or cancel the contract for reasons of equity.3 min. Art. 1521. Whether it is up to the buyer to take possession of the goods or the seller to send them to the buyer is a matter that depends in any case on the contract, express or implied, between the parties. With the exception of such an explicit or implicit contract or any other commercial relationship, the place of delivery is the place of business of the Seller, if any, and otherwise his place of residence; in the case of a contract for the sale of certain goods which, to the knowledge of the parties, were located elsewhere at the time of the conclusion of the contract or sale, that place shall be the place of delivery.
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