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. ...
Share of jointly owned property and commitment of the married guarantor
The share of jointly owned property is taken into account when assessing the disproportionate nature of the commitment of a guarantor married under a separation of property regime. Cass. civ. 1, January 19, 2022, No. ...
Two-year statute of limitations for insurance law: the Constitutional Council comes to the aid of insurers!
Marked by the Court of Cassation's attacks against provisions of the insurance code deemed insufficiently strict for insurers, 2022 ended with the unexpected boost of the C...
Insurance contracts tightened: the Court of Cassation increases the pressure
The year 2021 will undoubtedly mark a turning point in the Court of Cassation's fight to strengthen the protection of policyholders against insurance law mechanisms that have the effect of...
The order to pay, a simplified, quick and non-adversarial procedure
The order to pay is a simplified, fast, and non-adversarial procedure by which a creditor requests the recovery of a debt arising from a contract, a letter of intent, etc.
The tacit acceptance of a building project
Tacit acceptance of a building project cannot be established when the project owner disputes the quality of the work performed. 3rd Civil Chamber, 16/09/21, No. 20-12.372. The Court of Cassation reaffirms...