Judicial termination of the lease for failure to operate: requires an express clause in the lease
Judicial termination of a commercial lease for failure to operate the premises cannot be ordered if no express provision in the lease obliges the lessee to operate their business on the premises...
Starting point for the five-year limitation period applicable to the legal guarantee against hidden defects: the bombshell dropped by the Paris Commercial Court
Actions between merchants are subject to the five-year statute of limitations under Article L.110-4 of the French Commercial Code, according to which "obligations arising from commercial transactions between merchants or between merchants and non-merchants...".
Bankruptcy: the mere awareness of the perpetrator's attempt to evade their accounting obligations is sufficient
"The characterization of the intentional element of bankruptcy offenses by the absence of accounting or the maintenance of manifestly irregular accounting presupposes only the perpetrator's awareness of evading their responsibilities...".
Abrupt termination of established commercial relations and takeover of all or part of the activity by a third party
Abrupt termination of established business relationships: the resumption of all or part of the business activity by a third party is not sufficient to establish that the same business relationship continued (Cass. Com., 10 f...).
A contract concluded by a company in formation is void
Since a company in formation lacks legal personality, any contract entered into directly by it, and not on its behalf, is void. Cass., Com., November 18, 2020, No. 18-23.239 – SCPF Company v. R. According to a ruling...
Warranty lapse and late claim reporting
A clause providing for forfeiture of coverage due to late claim reporting is unenforceable against the insured if it fails to comply with the minimum 5-day period stipulated in Article L. 113-2 4° of the French Insurance Code. (Civ. 2nd, January 21st...).