Publications

Competition, Commercial, business and competition law

Le déséquilibre significatif désigne, en droit français, la situation dans laquelle un contrat impose à l'une des parties des obligations excessives par rapport à celles de son cocontractant, créant un avantage injustifié au profit de la partie en position de force. Ce mécanisme de protection, consacré par trois textes distincts…

In the landscape of financial instruments and means of payment, some tools, although less common today, retain a legal existence of their own. Alongside the well-known cheques, transfers and bills of exchange, the bearer note is a curiosity. Its apparent simplicity, however, conceals a legal regime...

Credit insurance, Credit and consumer law

Ces deux mécanismes assurantiels protègent les transactions commerciales, mais fonctionnent différemment. Leur confusion entraîne des erreurs stratégiques coûteuses pour les entreprises. L’assurance-crédit : caractéristiques principales L’assurance-crédit protège le créancier-vendeur contre le risque de non-paiement. Le créancier souscrit cette assurance pour se prémunir contre l’insolvabilité de ses clients. Selon V. Nicolas,…

State judicial agent, Civil procedure

The Outreau case left a lasting impression: thirteen people were acquitted after being held in pre-trial detention for up to three years. This judicial drama, which highlighted the ordeal of the wrongly accused, is a poignant illustration that the judicial system is not infallible. Behind the mistakes lie...

Maritime law has its own rules and specific jurisdictions. Among these, the maritime courts occupy a special place in the French judicial architecture. Created by the Order of 2 November 2012, they have replaced the former commercial maritime courts (TMC) to hear cases involving breaches of the safety rules applicable to...

Competition, Commercial, business and competition law

You're convinced that a competitor is using unfair methods to harm you. Your intuition tells you that something is wrong, that the competition is no longer on a level playing field. But there's often a gap between the intimate conviction that you're a victim and the ability to prove it in a court of law...

Winning a case does not guarantee payment. This situation is exacerbated when the debtor or his assets are located abroad. Exequatur under French common law Exequatur transforms a foreign judgment into an enforceable title in France. This process is based on article 509 of the Code of Civil Procedure: "judgments...

Commercial, business and competition law, Company in difficulty

When a company is experiencing significant financial difficulties, French law provides for specific mechanisms to try to save it or, if this is not possible, to organise an orderly winding-up of its business. These procedures, known as sauvegarde, redressement judiciaire or liquidation judiciaire, may seem complex...

Competition, Commercial, business and competition law

Business life is often one of intense competition. But sometimes, certain players go beyond the limits of simple economic rivalry to engage in aggressive practices aimed directly at harming their competitors. Spreading malicious rumours, publicly and unjustifiably criticising a rival's products, plundering their...

In our previous articles, we established that the principle of res judicata is a powerful rule: a case that has been decided cannot be tried again (autorité de la chose jugée) and a decision becomes irrevocable, i.e. 'final', once all appeals have been exhausted. This rule ensures stability and security...