The national judge is not empowered to review the content of an abusive clause

Competition & Consumer Law, Contract law, Competition & Consumer Law

Estimated reading time (in minutes) The CJEU recalls that it is “incumbent on national courts finding the unfairness of contractual terms to draw all the consequences arising therefrom according to national law, so that the consumer is not bound by the said...

Nature of criminal seizure of sums credited to bank accounts

Criminal law

Estimated reading time (in minutes) The criminal seizure of sums credited to bank accounts constitutes a seizure of assets requiring the prior opinion of the public prosecutor. In this case, on the occasion of information followed against the spouses on the counts of...

Non-aggregation of liability: no tort compensation for contractual damage

Contract law, Contract law, Non classifié(e)

Estimated reading time (in minutes) As soon as damage is caused by the non-performance of a contractual obligation, the action for damages brought by the creditor of this obligation is necessarily based on the law of contractual liability. Incurs, therefore, the...

Recognition of the severity of the disability: impact and compensation

Personal injury law

Estimated reading time (in minutes) Recognition of the severity of the disability: impact and compensation The procedure for recognizing the seriousness of the  disability  was transferred to the Association for the management of the professional integration fund for...

Article 14 of the Civil Code: divorce proceedings and the privilege of jurisdiction

Family law

Estimated reading time (in minutes) International divorces often give rise to complex disputes in which parents fight to obtain the exercise of parental authority over their children. Determining the jurisdiction of the national courts called upon to rule is therefore...