OBLIGATIONS TO DO OR NOT TO DO
LexInter | August 18, 2002 | 0 Comments

OBLIGATIONS TO DO OR NOT TO DO

Article 1142

Any obligation to do or not to do is resolved in damages, in the event of non-performance on the part of the debtor .

Cass. civ. 1st, January 16, 2007
Article 1143

Nevertheless the creditor has the right to ask that what would have been done in violation of the engagement, be destroyed; and he may obtain authorization to destroy it at the expense of the debtor, without prejudice to damages, if any.

Loyalty in consumer law, Outin-Adam, Anne, La Gazette du Palais, n ° 338, 12/03/2000, pp. 36-60
Article 1144
(Law n ° 91-650 of July 9, 1991 art. 82 Official Journal of July 14, 1991 in force on August 1, 1992)

The obligee may also, in the event of non-performance, be authorized to enforce the obligation himself at the expense of the obligor. The latter may be ordered to advance the sums necessary for this execution.

Article 1145

If the obligation is not to do, the one who contravenes it owes damages by the sole fact of the

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