Publications

The reform of contract law, orchestrated by the Order of 10 February 2016 and finalised by the Ratification Act of 2018, introduced a far-reaching provision into the Civil Code: Article 1171. This text extends the protection against clauses that create a significant imbalance beyond just...

At the heart of commercial relations, contractual negotiation is often perceived as a game of power where the freedom of the parties is king. However, this freedom is not absolute. The legislator has put in place a powerful regulatory tool to punish manifest abuses: the significant imbalance, provided for in the...

Signing a consumer contract, whether it's a general terms and conditions of sale on the internet, a service contract or a loan, involves the parties in a legal relationship where the balance of power is not always in place. The professional, by virtue of his position and experience, often has a margin of...

Significant imbalance is a central concept in French contract law, designed to restore a form of justice where the economic power of one party risks crushing the other. Initially developed to protect consumers, its influence has spread to relations between professionals and has even been enshrined in French law.

The execution surety, a mechanism that is often misunderstood by the general public, nevertheless represents a highly flexible personal guarantee. It forms part of an arsenal of protections available to creditors, as we discussed in our comprehensive guide to creditor guarantees in the law of obligations. Unlike security interests...

When a company or an individual seeks to recover a debt, the situation becomes particularly complex when there are several parties involved. In addition to traditional instruments, the law of obligations contains ingenious mechanisms designed to navigate triangular configurations in which debts and claims are intertwined. These tools, although...

When a creditor grants credit or enters into a contractual relationship, the main concern is to ensure that the debt is paid. The risk of debtor insolvency is an economic reality that can jeopardise the financial equilibrium of any business. Among the range of intrinsic guarantees available to creditors, such as...

When a debtor organises his insolvency in order to escape his obligations, the creditor may feel powerless. However, French law offers specific and powerful protection against such fraudulent manoeuvres: the action paulienne. Often overlooked by non-lawyers, it can render acts of wilful impoverishment ineffective. This article explains...

When a contract is not honoured, creditors often find themselves at a loss, faced with the debtor's inertia or default. The law of obligations, far from being a mere compendium of theoretical principles, offers powerful practical tools for protecting creditors' interests and punishing contractual non-performance. These mechanisms are...

When a business partner, supplier or customer fails to honour its commitments, the first instinct is often to suspend its own obligations in return. While this reaction is legitimate in principle, it is governed by precise legal mechanisms that enable creditors to protect themselves without putting themselves at risk.