Rent Capping and “Decapping” in Commercial Leases

Contract law

When a commercial lease is renewed, the rent variation is generally capped and linked to the evolution of an index since the original rent was set. However, this mechanism does not apply in every case — for example, for single-use premises, office spaces, or land....

Change in case law regarding the relative effect of contracts.

Contract law

Cass. com. 3 July 2024, 21-14.947 Change in case law regarding the relative effect of contracts. On 3 July 2024 (no. 21-14.947), the Commercial Chamber of the French Supreme Court (Cour de cassation) handed down a noteworthy decision in which it called into question...

Prohibition of Systematic Use of Fixed-Term Contracts and Interim Assignments

Contract law, Labour law

Estimated reading time (in minutes) Contracts & Requalification The Court of Cassation recalls that an employer cannot use fixed-term contracts (CDD) or temporary assignments to permanently fill a position linked to the regular and permanent activities of the...

Transmission of the contractual guarantee to successive buyers

Contract law, Non classifié(e)

Estimated reading time (in minutes) Transmission of the contractual guarantee to successive buyers The Court of Cassation, in a recent judgment, clarified the question of the transmission of contractual guarantees to successive purchasers of a property. The case...

Invoice Acceptance

Contract law

Estimated reading time (in minutes) Invoice Acceptance The buyer who repeatedly pays invoices on which the general conditions of sale (GTC) are printed is deemed to have accepted these conditions, even if he has not signed the invoices. This important legal principle...

Legal perspectives on the autonomy of early termination clauses

Contract law

Estimated reading time (in minutes) Autonomy of early termination In contractual matters, it is always open to one of the parties to unilaterally terminate a contract before the due date, in the event of a serious breach by the other party of its...