The tacit acceptance of the work: a strict interpretation
Acceptance is a crucial stage in the construction process, particularly due to its implications: it marks the starting point for construction-specific warranties, the transfer of...
Action in tort due to breach of contract: clarification of the nature of the harm that a third party to the contract can claim
A ruling issued on June 15, 2022 by the Commercial Chamber of the Court of Cassation (No. 19-25.750) clarifies the rule according to which a third party to a contract may invoke, on the merits...
Exclusions from guarantees: the Court of Cassation continues to take a tougher stance with insurers!
After a 2021 marked by the Court of Cassation's blows against mechanisms allowing insurers to be relieved of their guarantee obligations (questioning the statute of limitations)...
Construction damage insurer and compensation offer
The structural damage insurer can no longer contest the amount of its compensation offer after the 90-day period has expired. (Court of Cassation, Third Civil Chamber, February 16, 2022, No. 20-22.618).
The guarantor's obligation to warn is being tested by the reform of security interests resulting from Ordinance No. 2021-1192 of September 15, 2021
Warning regarding surety and reform of security interests. Grenoble Court of Appeal, 1st Chamber, January 18, 2022, No. 20/00621. Applying the law prior to the reform of security interests law resulting from the ordinance...
The involvement of article 1171 of the Civil Code and the apprehension of the significant imbalance in business relations between professionals
Court of Cassation, Commercial Chamber, January 26, 2022, No. 20-16.782. The judgment of January 26, 2022, rendered by the Commercial Chamber of the Court of Cassation, clarifies the relationship between the applicable legal texts...