Brutal breach of established commercial relations: inefficiency of jurisdiction clauses

Commercial contracts - March 15, 2017

In a decision pronounced on 1 March 2017, the commercial chamber of the French Court of Cassation expressly stated, for the first time, that the specific provisions of article L.442-6,I,5° of the French commercial code related to “brutal breach of established commercial relations”, prevail over any jurisdiction clause. *             * * Classical” contractual liability lawsuits […]

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The French civil code is dead, long live the French civil code!

Commercial contracts - October 4, 2016

On 1 October 2016, the 212-year old French civil code adopted in 1804, ceased to exist, and a new French civil code entered into force, in application of an executive Order of 10 February 2016. For over 200 years, the core provisions of the French civil code concerning contract and tort have remained essentially unchanged. […]

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Call of June 18th 2014, Act II (implementation decree): Resistance of contractual freedom in the breakdown of expenses between lessor and lessee

Commercial contracts - May 12, 2015

In our last article “Call of June 18th 2014: for rebalancing of lessor/lessee relationships and rent temperance”, we described the major innovations provided by the Law of June 18th 2014, which completely modifies the status of commercial leases  in favor of the  lessee, and therefore limits contractual liberty of the parties. One of the major […]

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Call of June 18th 2014: For rebalancing of lessor / lessee relations and rent temperance

Commercial contracts - October 21, 2014

  The “PINEL” law on crafts, commerce and very small businesses was passed on June 18th 2014 and most of its provisions entered into force on September 1st 2014. It aims at rebalancing relationships between parties and further regulates rent increases for small businesses. It is the most important reform of the status for commercial […]

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