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...

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...

Scope of the nullity of an accession clause: harmonization of case law

Contract law

Estimated reading time (in minutes) Because the freedom of association includes the freedom not to associate, it is now accepted that the clause of a commercial lease requiring the lessee to join the merchants’ association and to maintain his membership for the...

The admissibility of the independent action for repair of latent defects

Contract law

Estimated reading time (in minutes) Autonomous action of compensation: exceed the requirement of redemptive or estimated action The admissibility of an action for repair of latent defects does not necessarily require the exercise of a redhibitory or estimative...

Judicial termination of the employment contract

Contract law

Estimated reading time (in minutes) Application for judicial termination and maintenance of employment of the employee  The application for judicial termination of an  employment contract  offers a secure way for employees to terminate their contract while remaining...