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...

Conventional obligations and the offense of obstruction

Contract law, Contract law, Non classifié(e)

Estimated reading time (in minutes) If the non-respect of a contractual obligation can be the subject of an action for the offense of obstruction, it is on the condition that the breach of the legal obligation of the same nature entails such a sanction. The collective...

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...