Limitation of liability and penalty clauses in France: what the courts strike out or reduce
A limitation of liability clause and a penalty clause (clause pénale) serve the same purpose: they fix in advance what
A limitation of liability clause and a penalty clause (clause pénale) serve the same purpose: they fix in advance what
In a French company, the majority decides, but it cannot decide everything. The courts sanction majority abuse, the abus de
Majority abuse, minority abuse and management audits: a French shareholder’s weapons Read Post »
In the sale of a French SME, the parties pour their energy into the warranty and indemnity clause, the garantie
A foreign company can do business in France in three ways: a liaison office, which may only prepare the ground;
Setting up in France as a foreign company: branch, subsidiary or liaison office? Read Post »
Since the 2016 reform of French contract law, a business can end a contract its partner is not performing without
Mandat ad hoc and conciliation allow the director of a French business in difficulty to renegotiate its debts with its
Mandat ad hoc and conciliation in France: negotiating with creditors before insolvency Read Post »
A director who has personally guaranteed his company’s debts is not defenceless when the bank calls on the guarantee. For
When a customer enters safeguard, receivership (redressement judiciaire) or liquidation in France, an unpaid supplier has two months from publication
Information is only protected as a trade secret if it meets the three cumulative criteria of Article L. 151-1 of
Trade secrets: what is protected, how to act and what the judge can order Read Post »
Abuse of economic dependence is prohibited by the second paragraph of Article L. 420-2 of the French Commercial Code, but
Abuse of economic dependence: proving it, qualifying it, and obtaining compensation Read Post »