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The use of force majeure solely at the service of the party obligated to perform the contract
"A creditor who has been unable to benefit from the service to which they were entitled cannot obtain the termination of the contract by invoking force majeure." Cass. civ. 1ère, November 25, 2020, No. 19-21.060 FS-P+B+I. By a ruling...
Partial activity – Controls and appeals
The latest figures on inspections show nearly 50,000 post-audits leading to almost 400 criminal proceedings.
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...).
Non-performance of the contract and lapse
Non-performance of a contract is not a cause for its lapse. Court of Appeal of Versailles, 12th Chamber, September 24, 2020, No. 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 their subscription form during a capital increase. The subscription form is a document that formalizes a shareholder's commitment to pay the funds...
The action for annulment based on fraud and the obligation to provide information and advice
An action for annulment based on fraud does not preclude the possibility of bringing an action for breach of the duty to inform and advise. Court of Cassation, Third Chamber, January 14, 2021, No. 19-24.881. In this case, a couple had...