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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A lessee consistently believes a rental increase is invalid, protests it from the start, but deliberately pays while it is presumed effective to avoid disruption. The lessee later obtains a judicial ruling and pursues a contractual refund. An opponent says every such payment necessarily resulted from a mistaken understanding of law. Which answer accords with Domestic Petroleum?

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The later ruling proves the payer earlier believed the opposite of the protest Article 2155 automatically replaces every contract No legal remedy can ever exist after payment under protest The actual reason for payment matters; deliberate payment while maintaining the legal objection is not automatically mistaken belief, and the contractual basis must be assessed

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