Regulation of commercial relations between professionals – New provisions of the order of April 24, 2019
On April 25, 2019, Ordinance No. 2019-359, recasting Title IV of Book IV of the Commercial Code relating to transparency, restrictive practices of competition, and other prohibited practices, was published in the Journal of...
Ratification of the ordinance reforming contract law
Since the entry into force of Ordinance No. 2016-131 of February 10, 2016, which reformed contract law, the question of its ratification arose, given that although Parliament had authorized the Government to...
The exception of non-performance in futurum or anticipatory contractual self-defense
The reform of contract law has undeniably strengthened the range of means available to a party to a contract to respond to its non-performance by the other party, without the intervention of a judge. On this occasion,...
Unilateral price setting in service contracts
The "price" has long remained, in the legal unconscious, one of the essential elements necessary for the formation of a contract for valuable consideration. The reform of contract law breaks with such a conception...
A topic that has become complex: The representation of two parties to a contract
Those who appreciate the expression that the road to hell is paved with good intentions might find a good illustration of it in the new Article 1161 of the Civil Code. According to this article, "A representative may not act on behalf of both parties to a contract, nor contract on their own behalf with the represented party. In...".
A new penalty for non-compliance: price reduction
The astute observer will note that the reform of contract law has simultaneously provided a precise definition of the different types of sanctions for a party's failure to fulfill its obligations and strengthened those...