Article 1352-6 of the French Civil Code
November 7, 2023
Restitution of a sum of money includes interest at the legal rate and taxes paid in the hands of the person who received it.
Restitution of a sum of money includes interest at the legal rate and taxes paid in the hands of the person who received it.
He who has received in bad faith owes the interest, the fruits he has received or the value of the enjoyment from the date of payment. One who has received in good faith owes them only from the day of the claim.
The restitution of a service takes place in value. This is assessed at the date on which it was provided.
Securities constituted for the payment of the obligation are carried over ipso jure to the obligation to make restitution without, however, depriving the guarantor of the benefit of the term.
A person who claims the performance of an obligation must prove it. Conversely, a person who claims to be discharged must justify the payment or the fact which produced the extinction of his obligation.
The presumption which the law attaches to certain acts or facts by holding them to be certain exempts the person in whose favour it exists from proving it. It is said to be simple, when the law reserves proof to the contrary, and may then be rebutted by any means of proof; it is said to be mixed, when the law limits the means by which it may be rebutted…
Res judicata applies only to what is the subject of the judgment. The thing sought must be the same; the claim must be based on the same cause of action; the claim must be between the same parties, and made by and against them in the same capacity.
Contracts on evidence are valid where they relate to rights of which the parties have free disposal. Nevertheless, they cannot contradict irrebuttable presumptions established by law, nor modify the faith attached to confession or oath. Nor can they establish an irrebuttable presumption in favour of one of the parties.
The judicial administration of evidence and disputes relating thereto are governed by the code of civil procedure.
Except where the law provides otherwise, proof may be provided by any means.
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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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