Theory of the risks

One employs the theory of the risks in Droit of the obligations when the debtor of an obligation sees himself in impossibility of carrying out it following a foreign cause or of a case of major force. Consequently, this theory envisages two situations:

  1. LMBO perishes debitori : The Chose is lost, then it is to the debtor of this obligation, become impossible, to support the consequences of this impossibility of execution.
  2. LMBO perishes domino : There was transfer of property of the thing as from the moment when there was exchange of assents parts. The risks follow the transfer of property and weigh consequently on the owner of the thing.

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