Les restitutions en droit civil

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Cujas, 1991 - Law - 308 pages
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EACH RESTITUTION HAS FOR FUNCTION TO GIVE BACK (A RETURN TO THE STATU QUO) WITH THE REINTEGRATION OF A THING IN ORIGINAL PATRIMONY; NEVERTHELESS, THE RETROACTIVITY IS NOT ESSENTIAL FOR A RESTITUTION. A DISTINCTION IS NECESSARY BETWEEN THE NORMAL RESTITUTION (CONTRACTS OF RESTITION : LOAN, DEPOSIT, SITUATION LEAVING TO ARESTITUTION (LEASE, LIFE INTEREST (USUFRUCT) WHICH ARE TECHNICS OF THE ECONOMIC ACTIVITY AND THE ANORMAL RESTITUTION (RECOVERY OF PROPERTY, RESTITUTION CONSECUTIVE TO A NULLITY OR A TERMINATION OF A CONTRACT) WHICH DISTURO A LEGAL SITUATION. INSIDE THE ANORMAL RESTITUTION, ONE HAS TO DISTINGHISH THESE FOUND ON THE ACTION FOR MONEY BACK FROM THOSE CONSECUTIVE TO A CANCELLATION OF A CONTRACT. THESE ARE DOMINATED BY THE CONSIDERATION OF MALA OR BONA FIDES WHEREAS THOSE ARE REGULATED BY A CARE OF BALANCE CORRELATION BETWEEN THE PLUS AND MINUS-VOLUES. THE RESTITUTION IS A TECHNICAL LAW, BUT THE PRECISION OF THE RULE IS MODERATED BY MORE FLEXIBLE, MORE APPROXIMATIVE RULES, FOUNDED ON AN IDEA OF MEASURE (EX: THE EXCEESSIVE EXPENSES ARE NOT REIMBURSED) BUT, THIS IDEA OF EQUITY IS ONLY TRUE ABOUT THE REIMBURSEMENT OF PLUS AND MINUS VOLUES (THE ACCOUNT OF RESTITUTION : 2E PART THE THESIS). BECAUSE, ON THE CONTRARY, THE THING IS ALWAYS RETURNED, INDEPENDENTLY OF THE BONA OR MALA FIDES OF THE DEBTOR. THE OBLIGATION OF RESTITUTION IS OBJECTIVE, AND GOVERNED BY A SEVERITY OF

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Contents

Préface
9
NOTION DE RESTITUTION
23
Le flux et le reflux
52
Copyright

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