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The use of force majeure at the sole service of the debtor of the performance of the contract
“The creditor who was unable to take advantage of the service to which he was entitled cannot obtain the termination of the contract by invoking force majeure”. Cas. civil. 1st, November 25, 2020, n° 19-21.060 FS-P+B+I By a red...
Partial activity – Checks and appeals
The latest control figures show nearly 50,000 post-clearance checks leading to the initiation of nearly 400 criminal proceedings. ...
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...
Non-performance of the contract and lapse
The non-execution of the contract is not a cause of nullity of the contract Court of Appeal of Versailles, 12th chamber, September 24, 2020, n° 19/03654 Article 1186 of the Civil Code provides that a contract will...
Capital increase and electronic signature of the subscription form
A shareholder can electronically sign his subscription form during a capital increase The subscription form is a document that formalizes a shareholder's commitment to pay the funds that...
The nullity action for fraud and the obligation to inform and advise
The action for nullity for fraud does not exclude the possibility of acting for breach of an obligation to inform and advise. Court of Cassation, 3rd chamber, January 14, 2021, n°19-24.881 In this case, a couple had...