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The use of force majeure at the sole service of the debtor of the performance of 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.
Forfeiture of cover and late notification of claim
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 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...