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Article 1195 of the Civil Code, the paper tiger of contract law
"The paper tiger is the literal translation of the Chinese expression 'zhǐ lǎohǔ' (紙老虎), which refers to something that appears threatening but is actually harmless" (Wikipedia definition...
Abrupt breakdown of talks and contracts for reserving areas
The abrupt breakdown of negotiations was not due to a loss of confidence in the prospective franchisee, but rather to the latter's refusal to change the location of the designated area...
The application of Article 1171 of the Civil Code and the understanding of significant imbalance in business relationships between professionals
Court of Cassation, Commercial Chamber, January 26, 2022, No. 20-16.782. The judgment of January 26, 2022, rendered by the Commercial Chamber of the Court of Cassation, clarifies the relationship between the applicable legal texts...
Failure to declare cessation of payments and ban on managing
Failure to declare insolvency can be penalized by a ban on managing a business, even if the manager was unaware of being insolvent. Cass. ...
Share of jointly owned property and commitment of the married guarantor
The share of jointly owned property is taken into account when assessing the disproportionate nature of the commitment of a guarantor married under a separation of property regime. Cass. civ. 1, January 19, 2022, No. ...
SaaS solution: what type of contract is needed to sell to large accounts?
When you develop a SaaS solution, the time comes to market it (finally!). And with this marketing comes many questions: should you draw up a contract to sell to customers...?.