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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

The creditor initially elects performance, with no clause granting simultaneous performance and penalty. Performance then becomes impossible through the debtor’s fault, without fault of the creditor. The debtor says the original election permanently waived the penalty. Which is correct?

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Article 1227 expressly permits the penalty in that later-impossibility setting The debtor automatically acquires the creditor’s assets The creditor must manufacture performance Every election is an irrevocable waiver regardless of statute

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