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...

Cancellation, loss of luggage, accident… What does standard travel insurance include, included in the price of your stay or your ticket?

Contract law, Insurance law

Estimated reading time (in minutes) Cancellation, loss of luggage, accident… What does standard travel insurance include, included in the price of your stay or your ticket? Do I need to take out additional insurance? Trip cancellation? Yes, when it is due to the death...

Consumer credit and foreclosure period

Contract law

Estimated reading time (in minutes) In the context of consumer credit, the two-year foreclosure period  , which  limits the time for legal action, does not apply to liability actions brought by borrowers against lenders for non-compliance with the duty of...