Failure to declare cessation of payments and prohibition to manage
Failure to declare insolvency may be sanctioned by a ban on management, even if the manager had not realized that he was in a state of insolvency. Cas. ...
Share of undivided property and commitment of the married guarantor
The share of undivided property is taken into account in the assessment of the disproportion of the commitment of the married surety under the regime of separation of property. Cas. civil. 1, 19 January 2022, no...
Biennial prescription of insurance law: the Constitutional Council to the aid of insurers!
Marked by the salvoes of the Court of Cassation against the provisions of the insurance code according to it not severe enough for insurers, the year 2022 ended with the unexpected reinforcement of the C...
Turn of the screw on insurance contracts: the Court of Cassation increases the pressure
The year 2021 will undoubtedly mark a turning point in the fight of the Court of Cassation in favor of strengthening the protection of policyholders against the mechanisms of insurance law which have the effect of...
The payment order, a simplified, quick and non-contradictory procedure
The order for payment The order for payment is a simplified, rapid and non-contradictory procedure by which a creditor requests the recovery of a claim arising from a contract, a letter of...
The tacit acceptance of a real estate project
The tacit acceptance of a building work cannot be established when the owner of the work disputes the quality of the work carried out. 3rd Civ, 09/16/21, n°20-12.372 The Court of Cassation reaffi...