Yasmine EDDAM
Non-competition clauses: specific prohibition and framework regulations
By Yasmine EDDAM30 June 2025The non-competition clause is a well-known contractual mechanism designed to protect a company's interests by limiting the freedom of a former partner, employee or co-contractor, to compete with it. While most practitioners are familiar with the general conditions and limits governing the validity of these clauses, one aspect that is often underestimated is the existence of specific regulations in addition to ordinary law. In certain areas, the legislator has intervened to prohibit these clauses outright or to regulate them very strictly. Navigating between these general and special rules is a complex exercise in which the assistance of a competent competition lawyer can prove decisive. The purpose of this article is to provide details of these derogations, which form an essential part of the analysis of the non-competition obligation in companies. The principle of specific non-competition provisions Before examining the specific cases, it is necessary to...
Financial leasing: definition and differences from financial leasing
Commercial, business and competition law, Financial leasingFaced with the constant need to renew their business equipment, companies are looking for alternatives to cash purchases. Financial leasing is gradually emerging as an appropriate response to these challenges. Halfway between traditional leasing and financing formulas, it allows companies to use an asset without having to pay for it....Standardisation in French law: an essential legal guide
Commercial, business and competition law, StandardisationStandardisation silently governs our economic environment. This system establishes technical rules to govern products and services. Its legal status, which ranges from voluntary to mandatory, often baffles operators. This essential guide sheds light on its principles, players and legal implications. Fundamental principles of standardisation Standardisation defines the...The French standardisation system: players and operation
Commercial, business and competition law, StandardisationThe French standardisation system is based on a structured organisation combining private and public players. Understanding it is essential for companies faced with the application of standards. This system defines how the technical rules governing many sectors of activity are drawn up, approved and disseminated. AFNOR: a pillar of the...Legal liability linked to technical standards
Commercial, business and competition law, StandardisationTechnical standards occupy an ambiguous position in our legal system. Although they are considered to be voluntary, they have a considerable influence on the responsibilities of economic operators. This duality creates a complex legal framework that companies need to master in order to secure their activities and limit their exposure to risk. Technical standards...Product certification and marking: legal framework and issues
Commercial, business and competition law, StandardisationCertification and marking are essential legal tools for companies in a competitive market. These mechanisms attest to the conformity of a product or service to precise technical requirements. Companies must master this complex legal framework, which influences their access to the market and engages their responsibility. The...Voluntary and mandatory application of standards in French law
Commercial, business and competition law, StandardisationTechnical standards are an essential pillar of our economic and legal environment. They provide a framework for the production of goods and services by establishing recognised technical rules, but their legal status is often misunderstood. Although the voluntary application of standards is a fundamental principle of standardisation law, there are exceptions...Conflicts of laws relating to commercial paper: a practical guide
Commercial, business and competition law, Commercial papersBills of exchange circulate across borders. They expose economic players to a variety of national laws. When a document is drawn in one country, endorsed in another and payable in a third, which law applies? These questions require precise answers. The conflict of laws regime...The dematerialisation of commercial paper: Attractiveness Act 2024
Commercial, business and competition law, Commercial papersThe dematerialisation of commercial paper took a decisive step forward with the Attractiveness Act of 13 June 2024. This legislation revolutionises the law governing bills of exchange by creating electronic transferable securities. This major innovation modernises instruments that are rooted in a centuries-old paper tradition. Companies now have a legally secure solution...Effects of convenience: legal risks and penalties
Commercial, business and competition law, Commercial papersBills of convenience are one of the riskiest practices in the field of payment instruments. These fictitious securities, created without any real economic consideration, expose their signatories to serious legal consequences. Their use, although tempting for companies in difficulty, constitutes an offence that is severely punished by the courts.Promissory notes: using them to secure your receivables
Commercial, business and competition law, Commercial papersPromissory notes are an essential tool for managing trade receivables. It facilitates the granting of payment deadlines while enabling the sums due to be mobilised quickly. Less widely used than the bill of exchange, it retains its advantages for certain specific transactions and offers a legal framework...Bills of exchange: operation and legal issues
Commercial, business and competition law, Commercial papersBills of exchange are a major instrument in commercial transactions. This negotiable debt instrument enables companies to obtain deferred payment of their invoices while offering the possibility of mobilising their receivables before the due date. Despite changes in payment methods, it remains a preferred tool for companies.Commercial paper: a complete guide for businesses
Commercial, business and competition law, Commercial papersCommercial paper remains an essential legal instrument in commercial transactions. These negotiable instruments facilitate payment terms while enabling creditors to enforce their claims. Despite the development of electronic means of payment, they retain specific advantages that businesses need to be aware of. Common characteristics of...The liability of the freight forwarder: scope and limits
Commercial, business and competition law, TransportThe freight forwarder's position in the logistics chain gives rise to a specific liability regime. This system conditions the rights and obligations of the parties. The freight forwarder's personal liability The freight forwarder incurs personal liability in various situations relating to his duties. Basis and principle of liability Articles L....The freight forwarder's contractual obligations
Commercial, business and competition law, TransportThe freight forwarding contract structures relations in the transport sector. It defines the rights and duties of each party. This agreement differs from the traditional transport contract and deserves special attention. The formation of the freight forwarding contract The freight forwarding contract has a number of...The legal status of the freight forwarder under French law
Commercial, business and competition law, TransportThe international transport of goods often involves many different players. Among them, the freight forwarder plays a special role in organising and securing operations. Its legal status, governed by French law, determines its rights and obligations vis-à-vis the other players in the logistics chain....Freight forwarder: status, contract and liability
Commercial, business and competition law, TransportThe freight forwarder organises and guarantees the transport of goods. Their involvement in the logistics chain is governed by precise rules. Their status, obligations and responsibilities structure commercial exchanges. The legal status of the freight forwarder The freight forwarder is defined as an intermediary who organises the transport...Documentary credit in maritime sales: mechanisms and security
Commercial, business and competition law, Maritime salesMaritime sales, by their international nature and the distances involved, generate specific risks for the parties. The buyer is afraid of paying without receiving the goods; the seller is afraid of delivering without receiving payment. To resolve this complex equation, the documentary credit has become the preferred financing instrument...Inbound maritime sales: understanding the legal specifics
Commercial, business and competition law, Maritime salesSales by sea on arrival are a special category of contract in international trade. Unlike the more common outward sales, the transfer of risk is postponed until the goods arrive at their destination. This offers greater security for the buyer, but implies specific obligations...The CIF sale: mechanisms and special features of this international maritime contract
Commercial, business and competition law, Maritime salesThe CIF (Cost, Insurance, Freight) sale is one of the most widely used formulas in international maritime trade. This type of contract, known in French as CAF (Coût, Assurance, Fret), has specific legal features that it is essential to master in order to secure commercial transactions. Its particular structure, which incorporates the...FAS and FOB sales: understanding these maritime contracts at the outset
Commercial, business and competition law, Maritime salesIn international trade, transactions involving maritime transport are often based on standardised contractual formulas. Among these, FAS (Free Alongside Ship) and FOB (Free On Board) sales are among the most widely used. These two types of contract, which are classified as outbound sales, have a number of...
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