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Article 1195 of the Civil Code, 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 involvement of article 1171 of the Civil Code and the apprehension of the significant imbalance in business relations between professionals
Court of Cassation, Commercial Chamber, January 26, 2022, n°20-16.782 The judgment of January 26, 2022 delivered by the Commercial Chamber of the Court of Cassation sheds light on the articulation of the applicable texts...
Failure to declare cessation of payments and prohibition to manage
Failure to declare insolvency may be sanctioned by a ban on management, even if the manager had not realized that he was in a state of insolvency. Cas. ...
Share of undivided property and commitment of the married guarantor
The share of undivided property is taken into account in the assessment of the disproportion of the commitment of the married surety under the regime of separation of property. Cas. civil. 1, 19 January 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...?.