The fate of suretyship in merger operations: developments and clarifications in case law

Commercial and company law, Commercial and company law, Non classifié(e)

Estimated reading time (in minutes) On November 8, 2005, the commercial chamber of the Court of Cassation made a major reversal of case law by enshrining the automatic transfer of the suretyship in the event of merger-absorption of the beneficiary company.This...

The banker’s duty to warn

banking law

Estimated reading time (in minutes) For a decade, the first civil chamber and the commercial chamber disagreed on the issue of the liability of credit providers for granting credit deemed excessive in relation to the borrower’s repayment capacity. As early as...

The financial counterpart of the non-competition clause

Criminal law, Labour law, Labour law

Estimated reading time (in minutes) The financial counterpart of the non-competition clause:The non-competition clause is a very common clause in employment contracts. Integrated into this, the non-competition clause prohibits the employee after leaving the company,...

The questioning of the notion of partner

Commercial and company law, Commercial and company law, Family law

Estimated reading time (in minutes) Company law is giving way to company law. Indeed, recent legislative developments lead to a clearer and clearer distinction between partner and investor, as well as between listed companies and unlisted companies.   For...

European companies

Commercial and company law

Estimated reading time (in minutes) Community co-legislators have struggled for more than thirty years to harmonize company law within the European Union. Their ambitions were scaled back after each failed negotiation .This was the case for the European company but...