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Commercial law in New Caledonia: specific legislation and local adaptations
By Raphaël MORENON3 September 2025Set up in New Caledonia with confidence! Master the specific features of local business law to protect your investments. An essential guide.
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> The practice of seizing propertyA practical, chronological and exhaustive study of the implementation of a property seizure procedure.
We put all our expertise to work to achieve a simple objective: to prevent a property seizure.
The economy of the judicial contract and its authority
When a dispute is settled in court, the parties may choose to reach an agreement rather than wait for an imposed decision. This agreement mechanism, known as a judicial contract, has a hybrid nature. It combines contractual freedom and judicial authority. But what is the real scope of this type of agreement? What power...The contractual basis of the judicial contract
In the meanders of judicial litigation, a hybrid mechanism has emerged: the judicial contract. Neither entirely conventional nor entirely judicial, it draws its strength from the will of the parties while benefiting from the anointing of the judge. Often misunderstood, this mechanism enables litigants to work together to find a solution to their dispute,...Judicial contracts: definition and legal nature
This hybrid legal form is fascinating because of its complexity. The judicial contract lives in a troubling in-between state: it is both agreement and judgement, agreement and decision. Origin and definition of the judicial contract Born out of judicial practice, the judicial contract essentially refers to an agreement concluded between parties and...Judicial intervention in judicial contracts
The concept of a judicial contract lies at the crossroads of contract law and procedural law. This hybridity raises complex questions about the role of the judge. What is its nature? What are its limits? The paper "Judicial Contracts" by Gaëlle Deharo, professor at ESCE International Business School...Remedies against a judicial contract
How do you challenge a poorly drafted legal contract? The hybrid nature of this legal instrument complicates the issue of possible remedies. Practitioners must navigate carefully between the contractual regime and the judicial dimensions. Applicable legal remedies The judicial contract, the intersection between the conventional and the judicial, is...Guarantee calls in civil proceedings: mechanisms, strategies and pitfalls to avoid
The "appel en garantie" is a powerful procedural tool, making it possible to bring a third party into a lawsuit so that it will bear any penalties that may be imposed. Although it is fundamental in civil and commercial litigation, its relationship with mechanisms such as joint and several liability or arbitration reveals complexities that are often overlooked. This article, published in...The territorial jurisdiction of the courts: why your address is decisive
You're moving house and changing your address on all your administrative documents. But have you thought about the legal consequences of this change? Your address determines which court will hear your disputes. A fundamental rule that dates back to Roman law. The fundamental principle: "Actor sequitur forum rei" This Latin maxim means...Avoid the pitfalls of compulsory domicile details in procedural documents
Mentioning the place of residence in procedural documents is not just an administrative formality. It is a legal requirement, failure to comply with which may render the document null and void and jeopardise the success of legal proceedings. The writ of summons and the reference to domicile Legal requirements The writ of summons must contain, failing which...How is your legal domicile determined? What you need to know
In the intricacies of the law, domicile is much more than just a postal address. This legal concept determines where you will be summoned to court, which court has jurisdiction over your disputes and even some of your civil rights. But how exactly does the law determine your domicile? The answers are sometimes...Domicile, residence, demeure: what are the differences and why do they matter in court?
The address you declare is not just an administrative detail. In law, your location determines which court can try you, where you will receive your legal notices, and how your rights will be defended. A mistake in these notions can jeopardise an entire procedure. Legal definitions: distinct concepts Domicile...
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