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Contracts
Contracts
Change in case law regarding the relative effect of contracts.
Change in case law regarding the relative effect of contracts.
Prohibition of Systematic Use of Fixed-Term Contracts and Interim Assignments
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 company. This principle was reaffirmed...
Transmission of the contractual guarantee to successive buyers
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 concerned the sale of a used car...
Invoice Acceptance
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 was recently affirmed by the Court...
Legal perspectives on the autonomy of early termination clauses
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 contractual obligations . Understanding the concept of...
Conventional obligations and the offense of obstruction
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 agreement for department stores...
The national judge is not empowered to review the content of an abusive clause
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 terms”.Then, it decides that "national judges...
Non-aggregation of liability: no tort compensation for contractual damage
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 cassation the judgment which, to repair...
Scope of the nullity of an accession clause: harmonization of case law
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 duration of the lease is absolutely...
The admissibility of the independent action for repair of latent defects
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 action. This means that individuals or...
Judicial termination of the employment contract
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 in the service of their employer...
Cancellation, loss of luggage, accident… What does standard travel insurance include, included in the price of your stay or your ticket?
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 or illness of the traveler or some...
Consumer credit and foreclosure period
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 warning. This article explores the exemption...
Misleading use of the term “Unlimited”
In a recent development, the misuse of the term "unlimited" by some operators has come under scrutiny. Following this revelation, the consumer defense association UFC-Que Choisir decided to sue ten operators. The central question revolves around the use of the...
I bought a used car with a hidden defect
In which cases am I in the presence of a latent defect ? Can I get compensation? How ? WHAT IS A HIDDEN DEFECT?This is a non-apparent defect which renders the vehicle unsuitable for circulation on public roads. During the sale, if these conditions are met, we can...
Door-to-door canvassing: written contract required
Door-to-door canvassing sometimes gives rise to real abuse… So, can we sell everything? What are the limits to be respected by the seller? How to guard against possible abuse? Authorized… but regulated Door-to-door or door-to-door canvassing is an activity authorized...
Oral employment contract
Can you work without a written contract? What are the abuses? How to claim your rights? IS IT LEGAL? Working without a written contract is perfectly legal. For the Labor Code, what matters is the work situation, that is to say the fact of working in a...
How to break a contract?
Do you want to break a contract with a customer or a supplier ? Be aware that this process cannot be improvised and that it varies depending on whether you have a written or oral contract, or with a commercial agent . THE VERBAL CONTRACT In commercial matters,...
How do I cancel my internet subscription?
Terminations related to internet or telephone subscriptions require consumers to have precise knowledge of the steps to follow. SEND RECOMMENDED If your operator continues to bill you and debit the amount of your subscription, the best thing is to SEND A...
My train is cancelled: what can I claim?
Canceling a train can sometimes cause real harm, whether financial or moral . What can you claim from the SNCF? In which cases must it compensate you ? What should the SNCF offer at the station? In the event of a train being cancelled , and for any reason...
My flight has been cancelled: what can I claim?
Overbooking, bad weather… Different reasons can lead to flight cancellation . In this case, what can we claim from the airline? What should the airline offer at the airport? In the event of flight cancellation , the passenger has the choice between reimbursement...
I suffered damage following a delayed flight
A flight delay can cause significant damage . It is possible to have this damage recognized under certain conditions. The airline must then take care of the passengers and may have to compensate them. In the absence of an amicable agreement, it is possible to...
Doorstep canvassing: watch out for abuse
Door-to-door canvassing sometimes gives rise to real abuse… So , can we sell everything? What are the limits to be respected by the seller? How to guard against possible abuse? Authorized… but regulated Door-to-door or door-to-door canvassing is an activity...
Which marriage contract to choose ?
The purpose of the marriage contract is to organize the financial and patrimonial framework of each of the spouses. The choice of the type of contract is made according to the couple's vision of the division of property: separate everything, share everything or a...
PACS or marriage?
Succession, taxes, adoption, break-up… PACS or marriage , which is more advantageous? FOR TAXES: EQUALITY. From a tax point of view, marriage and PACS are egalitarian. The declarations will be made at the same time, with the same constraints and privileges. There...
How to get out of a PACS?
How to get out of a Pacs ? Can we oppose its dissolution and how can we anticipate the difficulties linked in particular to the liquidation of assets? What is the procedure ? If the two partners want to get out of a Pacs (civil solidarity pact), sending a registered...
Joint report
The amicable report is an essential element to be well compensated. It should therefore be completed carefully, paying particular attention to the circumstances section. Documents outside the report, such as testimonials and photographs, are also important. What is...
