Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

376 OBLIGATIONS
285 Resiliation occurs, without judicial proceedings being
required, if the debtor is in default of right.
The same applies when the debtor has not executed his
obligation before the expiry of the period required in the
putting in default.
286 A contract which is resiliated ceases to exist, but only for
the future.
287 Every clause relating to resiliation of a contract is
subject to this chapter, notwithstanding any agreement to the
contrary.
CHAPTER VI
DAMAGES
General provisions
288 If the debtor, through his fault, fails to execute his
obligation, the creditor is entitled to damages, without
prejudice to his other rights.
289 Damages are awarded to repair the damage sustained
by the creditor.
290 However, in cases of intentional fault or gross fault, the
court may also award punitive damages.
291 The obligation of a debtor to pay damages is not
affected by payments made by a third party, whether as a
gratuity or under a contract or the law.
292 A discharge or settlement by a victim of bodily injuries,
and a statement obtained from the victim within thirty days of
the act which caused the damage by the person who caused
the injuries, by an insurer or by his representatives, may not be
invoked against the victim.