Business Contracts
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Section 1: Transfer of a thing
I: Setting of price
II: Limits to setting of price
A: Payment of a sum of money
B: Set-off of debt (compensation)
Chapter 2: Related contracts
Title 2: Formation of the contract of sale
Title 3: Performance of the contract of sale
Title 4: Revisiting the contract of sale
Title 5: International sale of goods
Part 2: Contract for services
Part 3: Construction contract
Part 4: Subcontracting
Part 5: Agency agreements
34. Payment in kind
1 minute de lecture
The payment in kind (dation en paiement) mechanism provided for in Article 1342-4, last paragraph, of the Civil Code, presupposes that a creditor agrees to receive in payment something other than what is owed. In other words, according to the Court of Cassation, a payment in kind occurs when the creditor receives something other than the very object of the debt. If it follows that the debtor of a …