(1) Consent is an expression of intent of a person to enter into a juridical act. (2) Consent if valid if it comes from a person with judgment, is expressed with the intent to have legal effect and is not defective. (3) Intent to have…
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Article 2012. Event beyond control
A person is not liable if loss is caused by an abnormal event which cannot be averted by any reasonable measure and which is not to be regarded as that person’s risk. Origin: Art. VI. – 5:302 DCFR
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Articole 476. Objects of Intellectual Property
(1) Àn object of intellectual property is any result of intellectual property, confirmed and protected by corresponding usage rights. (2) Objects of intellectual property are of two types: a) objects of industrial property (inventions, plant varieties, topographies of integrated circuits, trademarks, industrial designs, geographical indications,…
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Article 993. Freedom of contract
(1) Anyone may choose its contracting party freely unless the law provides otherwise. (2) Contracting parties may, subject to mandatory legal provisions, freely enter into contracts and establish their contents. (3) Unless the contrary is provided for under sanction of nullity, the contracting parties may,…
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Article 992. Notion of Contract
(1) A contract is an agreement of two or more persons to create, amend, or terminate legal relationships. (2) The provisions governing juridical acts apply to a contract. ▮ CISG Case-law ‘Here, the district court applied the legal principle that “[a] valid contract requires…
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Article 201. Powers granted by the supreme or supervision body
(1) The supreme body of a legal person or its supervisory body (the board) may, by resolution, authorize a third party (with or without the right of delegation) to act on behalf of that legal person in order to enforce the resolution of such body.…
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Article 13. Condominium ownership
(1) Exclusive ownership over the unit and the share of the common ownership form an undivided unit and may not be transferred or encumbered separately. In this case, the other condominium owners do not hold a preemption right provided for by Article 552 of the…
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Article 1661. Application of legal provisions on solidary debtors
In so far not regulated by this Section, the relations between the parties are subject to the legal provisions on solidary debtors.
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Article 1660. Recourse against the debtor
(1) Any security provider who has performed on behalf of another security provider who acted in recourse is subrogated to the rights of that other security provider against the debtor acquired under Article 1648 paragraphs (1) and (3), including the proprietary security rights granted by…
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Article 1659. Internal recourse
(1) In the cases provided for in Article 1658, recourse between several providers of security is governed by the provisions of Article 811, subject to this article. (2) Subject to the provisions of paragraph (8) of this Article, the proportionate share of each security provider…