Le débiteur ne peut plus réclamer le bénéfice du terme lorsqu'il a fait faillite, ou lorsque par son fait il a diminué les sûretés qu'il avait données par le contrat à son créancier.
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- Législation
- Code Civil
- Livre III. Des Différentes Manières Dont on Acquiert la Propriété
- Titre III. Des Sources D'obligations
- Sous-titre Ier. Le Contrat
- Chapitre III. L'interprétation Du Contrat
Article 1188, Code civil
Vincent
| Jurisdiction | France |
| Coming into Force | 01 octobre 2016 |
| Link to Original Source | https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000032041270 |
Le débiteur ne peut plus réclamer le bénéfice du terme lorsque par son fait il a diminué les sûretés qu'il avait données par le contrat à son créancier.
Le contrat s'interprète d'après la commune intention des parties plutôt qu'en s'arrêtant au sens littéral de ses termes.
Lorsque cette intention ne peut être décelée, le contrat s'interprète selon le sens que lui donnerait une personne raisonnable placée dans la même situation.
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