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 .
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. 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.
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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.
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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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