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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...
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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...
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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...
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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.. .
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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...
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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...