General legal framework
| General qualification |
The purpose of the emergency bill to deal with the Covid-19 epidemic is in particular to:
To authorize the government to take in various fields measures falling within the domain of the law
Within three months
If necessary with effect from, retroactively from March 12, 2020
| Special authorization |
With regard to this objective, the government is empowered to take a number of measures
The measures of the bill concerning business relations
| Modification of obligations: measures |
Amending, with due respect for reciprocal rights, the obligations of legal persons governed by private law carrying out an economic activity with regard to their customers and suppliers, as well as of cooperatives with regard to their cooperative members, in particular in terms of deadlines payment and penalties and the nature of the counterparties, in particular with regard to the contracts for the sale of travel and stays mentioned in II and III of article L. 211-14 of the tourism code;
| Reports, spreads, waivers: measures |
Allowing to defer or spread the payment of rents, water, gas and electricity bills relating to professional premises, to waive financial penalties and suspensions, interruptions or reductions in supplies likely to be applied in the event of non-payment of these invoices, for the benefit of very small businesses whose activity is affected by the spread of the epidemic.
The measures of the bill concerning business relations
| Changes in obligations |
Legal persons governed by private law having an economic activity in certain relations with regard to their customers and suppliers
Cooperatives with regard to their cooperative members
| Specific measures for very small businesses affected |
Deferrals or installments of rents, water, gas and electricity bills relating to business premises
Waiver of financial penalties and suspensions, interruptions or reductions in supplies that may be applied in the event of non-payment of these invoices
Measures reserved for certain categories of actors
| ggggggggg Measures a priori limited ggggggggggggggggggggggggggg |
To certain forms of relationships (customers, suppliers, cooperatives, etc.)
On certain subjects (payment deadlines, penalties, etc.) for all legal persons governed by private law and even for very small businesses
| Measures which are likely to leave a great deal of room for the application of certain mechanisms, namely |
Common law of the sanction of non-compliance with its obligations by a party (exception of non-performance, price reduction, forced execution, resolution, liability, etc.), at least in relations not concerned
Mechanisms such as force majeure or unforeseeability and their consequences
And which will undoubtedly also leave a lot of room for negotiation
MORGAN JAMET
associate lawyer
Lawyer at the Paris staff. Member of the Paris Bar since 1999. Holder of a DEA in contract law from the Jean Monnet Law School (Paris XI)
