Before the suspensive condition is fulfilled, the debtor must refrain from any act that would prevent the proper performance of the obligation; the creditor may perform any conservatory act and attack the debtor’s acts performed in fraud of his rights. What has been paid may be repeated as long as the suspensive condition has not been fulfilled.
The obligation becomes pure and simple as from the fulfilment of the suspensive condition. However, the parties may provide that the fulfilment of the condition will have retroactive effect to the day of the contract. The thing, which is the subject of the obligation, nonetheless remains at the risk of the debtor, who retains administration of it and is entitled to the fruits until the condition is fulfilled. In the…
The fulfilment of the resolutory condition extinguishes the obligation retroactively, without calling into question, where applicable, acts of conservation and administration. Retroactivity does not take place if such is the agreement of the parties or if the services exchanged have found their utility as the mutual performance of the contract progresses.
The obligation is forward when its payability is deferred until the occurrence of a future and certain event, although the date is uncertain.
The term may be express or tacit. Failing agreement, the judge may fix it in consideration of the nature of the obligation and the situation of the parties.
What is only due in time cannot be demanded before the due date; but what has been paid in advance cannot be repeated.
The term benefits the debtor, if it does not follow from the law, the will of the parties or the circumstances that it has been established in favour of the creditor or both parties. The party for whose exclusive benefit the term has been fixed may renounce it without the consent of the other.
The debtor may not claim the benefit of the term if he fails to provide the security promised to the creditor or if he reduces the security securing the obligation.
A debtor’s forfeiture of the term of payment may not be enforced against his co-debtors, even joint and several, and his guarantors.
The obligation is cumulative when it covers several services and only the performance of all of them discharges the debtor.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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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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