Article 1306 of the French Civil Code
November 7, 2023
The obligation is cumulative when it covers several services and only the performance of all of them discharges the debtor.
The obligation is cumulative when it covers several services and only the performance of all of them discharges the debtor.
An obligation is an alternative obligation when it covers several services and the performance of one of them releases the debtor.
The choice between the performances belongs to the debtor. If the choice is not exercised within the agreed time or within a reasonable period, the other party may, after formal notice, exercise that choice or rescind the contract. The choice exercised is definitive and causes the obligation to lose its alternative character.
If it results from force majeure, the impossibility of performing the chosen service discharges the debtor.
A debtor who has not made his choice known must, if one of the performances becomes impossible, perform one of the others.
A creditor who has not made his choice known must, if one of the performances becomes impossible to perform as a result of force majeure, be satisfied with one of the others.
When the performances become impossible, the debtor is discharged only if the impossibility arises, for each of them, from a case of force majeure.
An obligation is optional where it has as its object a certain performance but the debtor has the option, in order to be discharged, of providing another. The optional obligation is extinguished if performance of the originally agreed service becomes impossible due to force majeure.
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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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