Exclusion clauses in insurance contracts: the Court of Cassation continues to tighten the noose!

Article L113-1 of the Insurance Code, which authorizes insurers to limit their coverage by including exclusions in their contracts, requires that these exclusions be "formal and limited...".

Grounds for appeal against a judgment rendered on referral: henceforth, appeals against appeals are valid!

The Court of Cassation, sitting in plenary session, has just overturned the judge-made rule, dating from 1971, according to which it is not possible to appeal to the Court of Cassation against a judgment or ruling rendered after referral...

Unused commercial lease: can the landlord obtain termination?

The closure of a commercial property does not automatically lead to the termination of the lease. Everything depends on the operating clause, the reasons for the interruption, and the seriousness of the breach.

Warranty against hidden defects: conditions, remedies and time limits for taking action

A serious defect discovered after a sale may fall under the warranty against hidden defects. Conditions, proof, recourse, and time limits: the essential points for taking action or defending yourself.

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...).