This document summarizes key points related to the CRFPA examination, focusing on contract law, liability, and financial leasing operations, highlighting relevant articles of the Civil Code and jurisprudence.
Extract
[...] Access Examination to CRFPA - Session 2024 The ALPHADOT - CUK situation The reimbursement of the amounts paid by CUK Article 1224 CC = unilateral rescission Article 1226 CC provides for a formal notice in case of urgency / The JP recently when it is vain Gross breach = proof lies with the creditor at the initiative of the unilateral resolution. Cf. Cass. com February 2009. Article 1229 CC regarding successive execution contracts = rescission, for the future. The damages and interest sought by CUK Contractual liability consists of 3 elements. Article 1231-1 CC The non-performance of a contractual obligation by the debtor justifies the engagement of his contractual liability. Its proof lies with the creditor. Causal link and force majeure. [...]
[...] Article 1186 CC Interdependence of contracts. Refer to the JP of 4 April 2006. Any clause of the contract that is incompatible with this interdependence is irrelevant (Cass. mixte May 2013). - The contract between SOFISPE and CUK is null and void with indemnification. III- La responsabilité Exclusion of liability for buildings in ruin An objective liability provided for in Article 1244, CC The proof of a partial or total destruction of a part of a building must be provided. [...]
[...] For moving things = active role; inert thing = victim who proves that the thing has an active role with the seat of the damage JP Franck = the owner is presumed to be the guardian - The TITI company, owner of the garage, is presumed to be the guardian. Liability can be engaged against Alphonse as a minor victim Liability for fault of the TITI company Article 1240 CC. The owner can try to be exempt by proving the fault of the victim. The fault will be totally or partially exempt if it has a character of force majeure. [...]
