article 342-9 du code civil
If the debtor is bound to perform only after the counter-performance has been effected by the creditor, he may make the right of the creditor to receive the thing deposited dependent upon counter-performance by the creditor. The same applies to authors of anthologies or collections of works or various data, such as databases, which, by the choice or arrangement of materials, constitute intellectual creations. Things are corporeal objects. Section 331. Subject to the provisions of Section 802, if it is necessary for the agent with general authority to do any act beyond the scope of his authority, he must apply for court’s permission and may do so on obtaining such permission. The 2o of article L. 122-5 of the same code is completed by the words: “as well as copies or reproductions of an electronic database”. In case of the foregoing paragraph the provisions of Section 269 paragraph 2 apply correspondingly. If the auctioneer thinks that the bidding price is not high enough, he may withdraw the said property auction. The transferee may also enforce any preferential right connected with the claim in case of compulsory execution or bankruptcy. Cancellation operates in favour of all the creditors. It appears that the association allows or let other persons who are not members of the association to execute business of the association. Section 492. Sums payable for the purpose of paying off the principal by installments. Section 29. It includes real rights connected with the land or things fixed to or forming a body with land. Section 227. Section 116. The period of prescription for which no other period is provided by law is ten years. Section 162. The creditor who exercises a claim belonging to his debtor must summon the debtor to appear in the action. An offer ceases to be binding if it is refused to the offeror, or if it is not accepted in due time according to the three foregoing sections. Section 131. The injured person can claim compensation from the person against whom the lawful defence was directed, or from the person who wrongfully gave the command, as the case may be. Section 17. The Registrar shall publish such dissolution in the Government Gazette. A minor can do all acts which are suitable to his condition in life, and actually required for his reasonable needs. If a person has left his domicile or residence without having appointed an agent with general authority and it is uncertain whether he is living or death, the Court may, on the application of any interested person or of the Public Prosector, order such provisional measures to be taken as may be necessary for the management of property of such person. Section 193/31.The period of prescription for claims of the Government for taxes and rates is ten years. Where the property sold is redeemed within the period fixed by the contract or by law, or where the person who redeems deposits the price of redemption to a deposit office within the period by waiving the right to withdraw the price, the ownership of the property shall be vested in the person who redeems from the time of payment or deposit of the price, as the case may be. When the parties concerned have concluded a contract changing the essential elements of an obligation, such obligation is extinguished by novation. If any fault of the injured party has continued in causing the injury, the obligation to compensate the injured party and the extent of the compensation to be made depends upon the circumstances, especially upon how far the injury has been caused chiefly by the one or the other party. Section 121. In case where an association is declared bankrupt by a final judgment or order of the Court under Section 101 (5), or is dissolved by a final order under Section 104, the Court shall notify the Registrar of the said judgment or order. Section 156. “Database producers who do not meet the conditions mentioned above are admitted to the protection provided for by this title when a special agreement has been concluded with the State of which they are nationals by the Council of the European Community . A clause which subordinates the effect or the end of the effect of a juristic act to a future and uncertain event, is considered a condition. Section 151. When the thing which forms the subject of an obligation is described only in kind, if its quality cannot be determined by the nature of the juristic act or the intention of the parties, the debtor must deliver a thing of medium quality. If a person who has a general preferential right negligently omits to intervene in a distribution according to the provisions of the foregoing two paragraphs, he cannot exercise his preferential right against a third person whose right is registered, to the extent of what he would have received through such intervention. Section 276. The domicile of a juristic person is the place where it has its principal office or establishment, or which has been selected as a special domicile in its regulation or constitutive. Upon dissolution of the foundation, the liquidation of the foundation shall be made, and the provisions in Book III, Title 22 on Liquidation of Registered Partnerships, Limited Partnerships and Limited Companies shall be applied to the liquidation of the foundation mutatis mutandis. Section (e) is derived from the 1966 version of Fed. CHAPITRE 4. Section 369. Subject to the provisions of Section 193/27, the exercise f a right of retention does not prevent the running of prescription against the obligation. Section 343. Except in the case mentioned in the foregoing section, a performance made to a person who is not entitled to receive it, is valid only to the extent to which the creditor has been enriched thereby. The provisions of the foregoing paragraph do not apply, if the parties have declared a contrary intention. Section 78. The defendant may set up against the creditor all defenses which he may have against the debtor, excepting those which arose after the entry of the action. (Art. (2) If the creditor declares his acceptance to the deposit office. The registrar shall publish the dissolution of the foundation in the Government Gazette. Section 286. The avoidance of a declaration of intention produced by fraud cannot be set up against a third person acting in good faith. If a claim is not subject to judicial attachment, it is not subject to set-off. The creditor is entitled to claim cancellation by the Court of any juristic act done by the debtor with knowledge that it would prejudice his creditor; but this does not apply if the person enriched by such act did not know, at the time of the act, or the facts which could make it prejudicial to the creditor, provided, however, that in case of gratuitous act the knowledge on the part of the debtor alone is sufficient. A foundation must have its regulations and must have a Committee, consisting of at least three persons, to conduct business of the foundation according to the law and regulations of the foundation. Section 193/14. If in a contract there are several persons on the one or the other side, the right of rescission may be exercised only by all and against all. If the creditor refuses or is unable to accept performance, the person performing may be discharged from the obligation by depositing for the creditor's benefit the thing forming the subject of the obligation. Section 344. Section 352. If, however, in order to extinguish the obligation, the debtor has made any payment to the transferor, he may recover it, or if for such purpose he has assumed an obligation to the transferor, he may treat it as if it did not exist. On and from the day of operation of this Code, all other laws, bye laws and regulations in so far as they deal with matters governed by this Code or are inconsistent with its provisions shall be repealed. Section 280. Section 199. (CODE CIVIL DU 21 MARS 1804 MODIFIE PAR. Section 302. C'est sans excéder ses pouvoirs ni méconnaître les dispositions de l'article 372 . (4) Preservation of movables. In any case the creditor cannot obtain more than what is due to him. Section 155. If both parties acted with fraud, neither of them can allege it to void the act or to claim compensation. Section 170. 0000004868 00000 n
The auctioneer cannot make a bid or let any person to make a bid for his own benefit that he is control the bidding process. A preferential right on account of work done upon an immovable retains its effect by a provisional estimate of the cost being registered before the work has begun. Accepting a gift encumbered with a charge or refusing a gift. The declaration of intention in the foregoing paragraph cannot be revoked. Section 68. Section 208. If damage results from an infringement of a statutory provision intended for the protection of others, the person who so infringes is presumed to be in fault. Design optimization of structural and multidisciplinary systems under uncertainty has been an active area of research due to its evident advantages over deterministic design optimization. If any interested person makes a protest against the applicant, the registrar shall give an order as he thinks fit and notify the applicant and the protester of the order, he can file a protest with the court within sixty days count ing from the date of receipt of the notification from the registrar. Section 38. The seller is not liable in the following cases: Section 474. Section 229. Section 441. The gift of a property the sale of which must be made in writing and registered by such competent official is valid only when so made and registered by the competent official. Section 249. Subject to Section 193/27, prescription of claims arising from the acknowledgment of liabilities by the debtor in writing or in giving of security under Section 193/28 paragraph two is two year from the date of acknowledgment of liabilities or of giving of security. endobj If he does not perform within that period, the other party may rescind the contract. If such movables have been stolen or lost the provisions of the law concerning recovery of possession shall apply. “Public lending is not an act of extraction or reuse. They sought to overturn his defeat in the 2020 presidential election by disrupting the joint session of Congress assembled to count electoral votes that would formalize President-elect Joe Biden's victory. If the applicant for creating t he foundation dies before the registration by the registrar, and the deceased does not make a will revoking the application for creation of such foundation, the application shall be effective and be proceeded on with the creation of such foundation by the heirs or administrator, or the person entrusted by the deceased. The same applies to the person who has in his possession things dangerous by nature of destination or on account of their mechanical action. If the debtor is not bound to perform until a given period has elapsed since the notice, prescription begins to run from the expiration of this period. The full-size experiments are carried out on the purlin-sheet roofs and the allowable design stress and design proposals are proposed. – In addition to the reports of the officers or agents of the judicial police, the proof of the materiality of the infringements defined in this chapter can result from the observations of sworn agents appointed by the professional organizations of producers. Section 528. The debtor is discharged if he satisfies the transferor by way of payment or otherwise before he has received notice of, or has agreed to, the transfer. But if the reward is in its nature indivisible, or if by the terms of the promise only one person is to receive the reward, it is decided by lot. 10. Section 439. Section 493. But there are some ideas and insights I thought I might share here, to start defining the theory of procedural due process, and prompt deeper judicial investigation and scholarship on the topic. Section 288. If prescription of a claim existing in favour of or against a deceased would have expired within one year after the date of the death, the period of prescription is not completed until the expiration of one year after death. Such fruits must first be appropriated to the interest on the obligation, and if there is any surplus must be appropriated to the principal. The depositor must without delay give notice of the deposit to the creditor. This . (4) Supplies of daily necessaries. Section 443. Section 480. If prescription of claim of a minor, an incompetent or a quasi-incompetent against his legal representative, guardian or curator would have expired while the said person does not acquire full capacity, or within one year from the day when the said person is without legal representative, guardian or curator, if is not completed until the expiration of one year after he has acquired full capacity or has a legal representative, guardian or curator, as the case may be.
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