Non-performance of the contract and lapse
Non-performance of a contract is not a cause for its lapse. Court of Appeal of Versailles, 12th Chamber, September 24, 2020, No. 19/03654. Article 1186 of the Civil Code provides that a contract will...
Capital increase and electronic signature of the subscription form
A shareholder can electronically sign their subscription form during a capital increase. The subscription form is a document that formalizes a shareholder's commitment to pay the funds...
The action for annulment based on fraud and the obligation to provide information and advice
An action for annulment based on fraud does not preclude the possibility of bringing an action for breach of the duty to inform and advise. Court of Cassation, Third Chamber, January 14, 2021, No. 19-24.881. In this case, a couple had...
The application over time of the Pinel law and the regime of clauses deemed unwritten
The provisions of the Pinel Law concerning clauses deemed unwritten can be applied to a contract that predates and is in effect at the time of its entry into force. The action seeking to have this clause recognized...
Borrower's insurance: duty to advise and prescription
A borrower's claim for damages against the bank that advised them, seeking compensation for the lost opportunity to obtain more suitable insurance, is subject to a five-year statute of limitations from the date the insurer refused coverage. (Cass.com, 6 j...).