Business law litigation: how to organize dispute management within the company?
Contracts, evidence preservation, insurance, lawyer, information on the opposing party and provisions: the reflexes enabling the company to better manage its business disputes.
Exclusion clauses in insurance contracts
Can an insurance company refuse coverage by invoking an exclusion clause? Validity of the clause, apparent characteristics, proof and dispute: the essential rules.
The tacit acceptance of the work: a strict interpretation
Acceptance is a crucial stage in the construction process, particularly due to its implications: it marks the starting point for construction-specific warranties, the transfer of...
Action in tort liability due to a breach of contract: the rights of the third party to the contract
A third party who suffers from the breach of contract may bring a tort claim against the debtor. However, they must demonstrate personal harm and comply with the terms and limitations stipulated in the contract.
Exclusions from guarantees: the Court of Cassation continues to take a tougher stance with insurers!
After a 2021 marked by the Court of Cassation's blows against mechanisms allowing insurers to be relieved of their guarantee obligations (questioning the statute of limitations)...
Construction damage insurer and compensation offer
The structural damage insurer can no longer contest the amount of its compensation offer after the 90-day period has expired. (Court of Cassation, Third Civil Chamber, February 16, 2022, No. 20-22.618).