Business Law – Case Law (Nov. 2014)

1. Leasing: Judicial liquidation does not preclude the establishment of the prior acquisition of a termination clause. 2. The powers of the supervising judge. 3. The joint and several guarantor may rely on the rejection of the claim in favor of their co-guarantor. 4. Omission in the handwritten statement of...

Real estate law – Case law (Oct. Nov. Dec. 2014)

1. Compliance of freeholders' associations 2. Procedures for the appointment of the property manager by the co-owners 3. Statute of limitations for an action to annul the property manager's mandate 4. Clarification of the co-owners' standing to sue 5. Reference to a fixed base index in an indexation clause 6. Recovery...

Social law – Case law (Nov. Dec. 2014)

Summary Overtime thresholds Collective agreements for the banking and notary sectors: fixed-day contracts An employee's qualities cannot justify different treatment during hiring The con...

Real Estate Law – Focus on Case Law: Sales, Real Estate Agent Mandates, Condominiums, Obligation to Provide Decent Housing

Focus on case law concerning sales, real estate agent mandates, co-ownership, and the obligation to provide decent housing. See newsletter no. 5 I. SALE Civ I, June 25, 2014, no. 13-16.529: By unilateral private agreement, a joint owner "declared to sell"...