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 business relationships and takeover of all or part of the business 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...).
Borrower's insurance: duty to advise and prescription
A borrower's claim for damages against the bank that advised them, seeking compensation for the lost opportunity to obtain more suitable insurance, is subject to a five-year statute of limitations from the date the insurer refused coverage. (Cass.com, 6 j...).