Extinguishment of Obligation Upon Destruction of Object Before Delivery Without Fault
France (FR)
Synthèse Legislator
Généré par l'IAA contractual obligation to deliver a thing, failing which the obligor must pay damages, does not automatically confer upon the creditor the right to demand performance in kind when the object of the sale has been destroyed through no fault of the obligor before delivery; in such a case, the court correctly ruled that the obligation is extinguished and the debtor is released from their commitment, as the object's destruction, where there is no fault, removes the possibility of performance, limiting the creditor's remedy to seeking damages for non-performance.
Regeste Legislator
Généré par l'IAExtinguishment of Obligation Upon Destruction of Object Before Delivery Without Fault: A contractual obligation to deliver a thing, failing which the obligor must pay damages, does not automatically confer upon the creditor the right to demand performance in kind when the object of the sale has been destroyed through no fault of the obligor before delivery; in such a case, the court correctly ruled that the obligation is extinguished and the debtor is released from their commitment, as the object's destruction, where there is no fault, removes the possibility of performance, limiting the creditor's remedy to seeking damages for non-performance.