The tacit acceptance of the work: a strict interpretation
Acceptance is an essential stage in the construction operation, in particular because of the consequences attached to it: starting point for the guarantees specific to the construction, transfer of...
Action in tort due to a breach of contract: details of the nature of the prejudice which the third party to the contract may claim
A judgment delivered on June 15, 2022 by the Commercial Chamber of the Court of Cassation (n°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 toughen its tone with insurers!
After a year 2021 marked by the blows of the Court of Cassation against the mechanisms allowing insurers to be discharged from their guarantee obligations (challenging the presc...
Property damage insurer and compensation offer
After the expiry of the 90-day period, the property damage insurer can no longer contest the amount of its compensation offer Court of Cassation, Civil Chamber 3, February 16, 2022, n°20-22.618 Une comp.. .
The guarantor's obligation to warn has been tested by the security reform resulting from Ordinance No. 2021-1192 of September 15, 2021
Warning of the surety and security reform Grenoble Court of Appeal, 1st ch., January 18, 2022, n°20/00621 Applying the law prior to the reform of security law resulting from the ordina...
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, n°20-16.782 The judgment of January 26, 2022 delivered by the Commercial Chamber of the Court of Cassation sheds light on the articulation of the applicable texts...