A remission of debt granted to one of the joint and several debtors discharges the others to the extent of its share. A remission of debt made by only one of the joint and several creditors discharges the debtor only in respect of that creditor’s share.
A remission of debt granted to the principal debtor discharges the sureties, even joint and several. A remission granted to one of the joint and several sureties does not discharge the principal debtor, but discharges the others to the extent of its share. What the creditor has received from a surety for the discharge of his surety bond must be set off against the debt and discharge the principal debtor…
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 responsibility for it or has been given prior notice.
Where the impossibility of performance results from the loss of the thing due, the debtor put on notice is nevertheless discharged if he proves that the loss would have occurred in the same way if the obligation had been performed. He is, however, bound to assign to his creditor the rights and actions attached to the thing.
The restitution of a thing other than a sum of money takes place in kind or, where this is impossible, in value, estimated on the day of restitution.
The person who returns the thing is liable for any damage or deterioration which has reduced its value, unless he is acting in good faith and the damage or deterioration is not due to his fault. .
A person who received the thing in good faith and sold it owes only the price of the sale. If he received it in bad faith, he owes its value on the day of restitution where it is greater than the price.
Restitution includes the fruits and the value of the enjoyment that the thing has provided. The value of the enjoyment is assessed by the judge on the day he makes his decision. Unless otherwise stipulated, restitution of the fruits, if they are not found in kind, takes place according to an estimated value on the date of repayment, depending on the state of the thing on the day the obligation…
Restitutions owed by an unemancipated minor or a protected adult of full age are reduced to the amount of the benefit he or she derived from the annulled deed.
In fixing the amount of restitution, the person who must make restitution shall take into account the expenses necessary for the preservation of the thing and those which have increased its value, up to the limit of the estimated increase in value on the day of restitution.
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75001, Paris France
RCS Paris n°814433470
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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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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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