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Analyses, feedback and legal news on banking law, credit law and enforcement.
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Securing your payments by bill of exchange: the key role of provision and acceptance
A bill of exchange without regular provision or without acceptance exposes the beneficiary to a risk of non-payment that is difficult to recover. These two legal mechanisms are the real guarantees of the instrument's security: here's how to master them.
Legal notices: basic principles and authorised newspapers
You need to publish a deed in an authorised newspaper, but don't know what obligations apply or which media are authorised. Legal notices are more than just a formality: they determine whether certain legal documents can be used against third parties and, in some cases, whether they are valid at all. The legal framework, authorised newspapers and the main requirements: the full rundown.
Commercial lawThe status of sales representative: definition, conditions of access and distinctions
You are recruiting a sales representative and are hesitating between VRP status and a commercial agent or independent service provider contract. The status of sales representative, which stems from the law of 1937, imposes specific obligations on the employer - including customer compensation in the event of termination - but also brings significant benefits for the employee. This guide clarifies the conditions of access, the distinctive criteria and the consequences of choosing this status.
Commercial lawThe sales representative contract: form, content and mutual obligations
The VRP contract provides a framework for a demanding commercial relationship: the sales representative undertakes to canvass and negotiate on behalf of an employer, in return for enhanced statutory guarantees. Form, compulsory clauses, exclusivity, minimum remuneration: the status of sales representative is governed by precise rules, failure to comply with which can have serious consequences for the employer.
Challenging an international arbitration award: what remedies are available?
An international arbitration award has been made against you and you believe that it is seriously flawed: there are remedies available, but they are strictly limited. French law does not allow any review on the merits; only the regularity of the procedure or its compatibility with public policy can be challenged. Understanding these limits is crucial before taking any action.
The international arbitral award: from drafting to enforcement
After months of arbitration proceedings, the award is made - but its legal value and effective enforcement are two separate issues. An international arbitration award has the force of res judicata; to be enforced in France or abroad, it must be recognised by the competent court.
The international arbitration tribunal: how is it set up and what are its responsibilities?
You are about to submit a dispute to international arbitration and are concerned about the composition of the tribunal. The validity of the proceedings and the enforcement of the award depend to a large extent on the independence and impartiality of the arbitrators appointed. This article sets out the rules governing the constitution of the tribunal, the obligations of the arbitrators and their liability.
Commercial lawIs my dispute commercial, civil or both? Which court should I go to?
Your dispute involves a trader, but the Commercial Court does not automatically have jurisdiction. The classification of the act - civil, commercial or mixed - determines the jurisdiction and can tip the balance of your procedural strategy. Understanding these distinctions will help you avoid being dismissed for lack of jurisdiction.
Commercial lawCommercial transactions: how to classify your transactions and anticipate their legal consequences
Qualifying as a commercial transaction is not a formality: it determines the competent jurisdiction, the rules of evidence and the limitation periods applicable to your transaction. The Commercial Code sets out a list without any unifying criteria, and case law has gradually extended it beyond the cases expressly referred to. Knowing how to classify your actions enables you to anticipate the legal consequences of your commitments.
Franchise contractThe life of the franchise contract: the franchisor's obligations
You have signed a franchise agreement and the franchisor is slow to train your teams, update the operating manual or defend the brand against competitors - can you draw any legal conclusions from this? The franchisor's obligations are not limited to collecting royalties: they determine the very balance of the contract. This article details what you are entitled to demand during the life of the franchise contract and the remedies available in the event of a breach.
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