Judicial termination of the lease for failure to operate: need for an express stipulation provided for in the lease
The judicial termination of a commercial lease for failure to operate the premises cannot be pronounced if no express stipulation of the lease obliges the lessee to operate his business in the places...
Starting point of the five-year prescription applicable to the legal guarantee against latent defects: the pavement in the pond thrown by the Commercial Court of Paris
Actions between merchants are subject to the five-year prescription of Article L.110-4 of the Commercial Code, according to which "the obligations arising from their commerce between merchants or between merchants and non-co...
Bankruptcy: the mere awareness of the author of evading his accounting obligations is sufficient
"the characterization of the intentional element of the offenses of bankruptcy by absence of accounts or keeping of manifestly irregular accounts presupposes the sole awareness of its author of evading his ...
Abrupt termination of established commercial relations and takeover of all or part of the activity by a third party
Sudden termination of established commercial relations: the takeover of all or part of the commercial activity by a third party is not sufficient to establish that it is the same commercial relationship that continued Cass. Com., 10 f...
The contract entered into by a company in formation is void
A company in formation being devoid of legal personality, is null the contract concluded directly by it and not on its behalf. Cass., Com., November 18, 2020, n°18-23.239 – Société SCPF c/ R. Under the terms of a...
Forfeiture of cover and late notification of claim
A warranty forfeiture clause for late declaration of loss is unenforceable against the insured, if it disregards the minimum period of 5 days provided for in Article L. 113-2 4° of the Insurance Code. Civ.2nd, Jan 21...