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A contract concluded by a company in formation is void
Since a company in formation lacks legal personality, any contract entered into directly by it, and not on its behalf, is void. Cass., Com., November 18, 2020, No. 18-23.239 – SCPF Company v. R. According to a ruling...
National protocol to ensure the health and safety of employees at work
Ensuring the health and safety of employees at work: By decree of March 19, 2021 (decree no. 2021-296), public authorities ordered new health measures to address the Covid-19 epidemic in more...
The importance of the duration clause in shareholders' agreements
When a shareholders' agreement is concluded for the duration of the company, even if that duration is 99 years, it is considered a fixed-term agreement (Paris Court of Appeal, 15 December 2020, No. 20/00220). A shareholders' agreement or partnership agreement is an extra-statutory contract...
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...).