Yasmine EDDAM
Transfer of digital assets free of charge: donations, legacies and precautions
By Yasmine EDDAM24 June 2025Wealth transfer is constantly adapting to new forms of wealth. Today, digital assets, whether crypto-currencies, non-fungible tokens (NFTs) or other blockchain-based instruments, make up a growing proportion of wealth. Their management and transmission free of charge, by gift or bequest, raise unprecedented legal and tax issues that require careful planning. Far from being a mere formality, passing on these intangible assets requires in-depth analysis and specific precautions to secure the transaction and control its consequences. This article is part of our feature on digital assets: legal challenges and practical solutions, and is intended to give holders a clearer picture of gift and succession strategies. Anticipating these issues is a fundamental aspect of wealth management, an area where the assistance of a lawyer skilled in commercial and business law is often decisive. Gifts of digital assets...
The international arbitration tribunal: how is it set up and what are its responsibilities?
Arbitration, Commercial, Business and Competition LawAt the heart of the arbitration procedure is the arbitral tribunal, made up of one or more persons responsible for settling the dispute. Often referred to as "private judges", these arbitrators do not derive their power from the State, but from the agreement signed by the parties. Who can take on this crucial role in...Is my dispute commercial, civil or both? Which court should I go to?
Commercial, business and competition lawHave you bought a faulty appliance in a shop and the seller refuses to honour the guarantee? Are you a company director and a contract that you thought was purely professional has become entangled with aspects of your private life? The question of which court has jurisdiction to rule on your case is...Bankruptcy in the EU: what law governs your rights and obligations?
Commercial, business and competition law, Companies in difficultyWhen a company operating in several European Union countries is placed under insolvency proceedings (safeguard, reorganisation, liquidation, etc.), we have seen that European rules govern the jurisdiction of the courts and the recognition of decisions (for a full explanation of how cross-border insolvency proceedings work in Europe). But one...Commercial transactions: how to classify your transactions and anticipate their legal consequences
Commercial, business and competition lawUnder French law, the classification of an act as a "commercial act" entails the application of a specific legal regime. This distinction, far from being purely theoretical, has a direct impact on the rights and obligations of companies and individuals alike. What acts are considered commercial? What special rules apply? And above all, what are the advantages or risks?Seizures and specific securities: shares, company shares, European accounts and the impact of insolvency proceedings
Commercial, business and competition law, Companies in difficultyOur previous articles dealt with the most common precautionary measures, those relating to movable property, traditional claims such as bank balances, and security interests in buildings and businesses. However, the legal landscape is broader and more complex. Certain types of property, such as...Joining a franchise: the crucial process of contract formation
Commercial, business and competition law, FranchisingJoining a franchise network represents a considerable personal and financial commitment. It's an entrepreneurial venture that can prove fruitful, but its success depends to a large extent on the solidity of the foundations on which it is built. The phase leading up to the signing of the contract, as well as the signing itself,...The franchise contract demystified: definition, operation and essential distinctions
Commercial, business and competition law, FranchisingFranchising attracts many entrepreneurs. Joining a well-known network, benefiting from a tried and tested concept, being supported... the promises are seductive. But what does signing a franchise contract really entail? Behind this familiar term lies a precise legal reality, with its rights, obligations and sometimes pitfalls....The life of the franchise contract: the franchisor's obligations
Commercial, business and competition law, FranchisingSigning a franchise agreement marks the start of a collaboration that, ideally, should be beneficial to both parties. While the franchisee undertakes to respect a concept and pay royalties, the franchisor is not simply a collector. The franchisor is the guarantor of the proposed model and assumes...The life of the franchise contract: the franchisee's obligations
Commercial, business and competition law, FranchisingJoining a franchise network offers undeniable advantages, such as benefiting from a recognised brand and proven know-how. However, this partnership also entails major obligations for the franchisee. Far from being a mere customer of the franchisor, the franchisee is a key player in the network, bound by precise commitments that must be respected...The end of the partnership: understanding the termination of the franchise contract and the issues involved
Commercial, business and competition law, FranchisingLike any contractual relationship, that between a franchisor and a franchisee - a contract with specific characteristics - comes to an end. This stage, often dreaded, is nevertheless a normal part of business life. Whether it comes at the end of the contract, by mutual agreement, or as a result of conflict, the...Your rights once your design is registered: scope and limits
Commercial, business and competition law, Intellectual propertyCongratulations, after going through the creation and registration stages, your design is now registered with the INPI! This official recognition gives you genuine property rights over the appearance of your product. But what does this right mean in practice? What actions can you actually prohibit?Crossing borders: protecting your designs internationally and in the European Union
Commercial, business and competition law, Intellectual propertyIs your company growing and are your products attracting attention beyond France's borders? This is excellent news! But be careful: if you have taken care to protect the appearance of your creations by registering a design or model in France with the INPI, this protection stops at the borders of the...Registering a design: the essential steps and procedure
Commercial, business and competition law, Intellectual propertyhtml Have you checked that your creation meets the conditions of novelty and distinctiveness, and that it does not fall into any of the exclusions? That's fine. The next step in securing legal protection for the appearance of your product in France is to register your design officially.How to obtain design protection in France: key conditions
Commercial, business and competition law, Intellectual propertyHave you invested time, energy and creativity in developing a unique design for your product or its packaging? This is an essential first step. However, for this appearance to benefit from the specific legal protection offered by design law in France, it must be...Defending your designs: infringement proceedings and other remedies
Commercial, business and competition law, Intellectual propertyhtml Discovering that a competitor is imitating or copying the look of your product, which you have taken time to design and which you have taken care to protect with a design registration, is often an unpleasant and damaging experience for your business. Copying can divert your...Protecting the appearance of your creations: understanding designs and models
Commercial, business and competition law, Intellectual propertyThe unique appearance of your products, whether it's their innovative shape, original motif or distinctive packaging, is often a major competitive advantage. In a saturated market, design catches the eye, seduces consumers and can even become your brand's signature. But do you know how to...Economic parasitism: how do you react when a competitor copies your efforts?
Competition, Commercial, Business and Competition LawYou've spent months, even years, developing an innovative product, building a strong brand image and investing heavily in advertising to make your offer known. And now a competitor has arrived on the market who seems to be taking a little too much inspiration from your work, copying your...Goodwill, the heart of your business: acquisition, composition and protection
Artisan, Commercial, business and competition lawFor many craftspeople, their "goodwill" is their most important asset, the real economic engine of their business. More than just a stock of tools or premises, it is a complex set of elements that, when combined, help to attract and retain customers. But what exactly makes up the goodwill? How do you...International arbitration agreement: what effects for the parties, judges and third parties?
Arbitration, Commercial, Business and Competition LawSigning an arbitration agreement, whether as a discreet clause in a lengthy contract or as a dedicated agreement after a dispute has arisen, is far from a trivial act. This commitment profoundly alters the legal landscape for the parties and can even have repercussions for players who were not previously involved in arbitration.Institutional or ad hoc arbitration: the key role of arbitration centres and the supporting judge
Arbitration, Commercial, Business and Competition LawChoosing international arbitration to settle a dispute is a decisive first step. But then a fundamental practical question arises: how will the procedure be organised in practice? Who will administer the process, appoint arbitrators in the event of disagreement, and manage the logistical and financial aspects?
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