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...
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 application of Article 1171 of the Civil Code and the understanding of significant imbalance in business relationships 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...
Failure to declare cessation of payments and ban on managing
Failure to declare insolvency can be penalized by a ban on managing a business, even if the manager was unaware of being insolvent. Cass. ...