Extract
[...] - Advancement on the question of the error on the value, now considered as a taboo: the Court of Cassation 'operates an unprecedented shift in recognizing for the first time that eligibility for a fiscal device can constitute a substantial quality of the acquired asset10 » (Court of Cassation, Commercial Chamber June 2022, no. 20-118.46). - In the wake of the legislator's fight against climate deregulation, the Climate and Resilience Act has introduced new possibilities for the arrangement of contract and obligation law. Thus, the real estate lease agreement for adaptation to coastal erosion provided for by the Environmental Code (articles L. 321-18 to L. [...]
[...] Preparation of the CRFPA exam - Legal News I. Business Law Corresponding to 'the entire set of legal rules applicable to actors, activities and structures of the business world'1 », what is called 'business law' is marked by an increasingly extensive integration of adjacent fields to the matter of law per se. In fact, it consolidates both theoretically and practically. First theoretically, because originally, 'business law does not exist as a branch of law, unlike civil law, penal law, labor law, etc.'2 » ; the cohabitation of sources nonetheless creates a hiatus in 'the unity of private law'3 » originally where, in France, 'business law' is not considered as dissociated from civil law. [...]
[...] Another highlight, that of electronic communications which have become indispensable in the 21st century century: for example, the Court of Cassation has suggested that no provision 'requires the parties to limit the size of their submissions to the jurisdiction and to transmit, in separate shipments', the dematerialized file in several separate parts (Court of Cassation civil chamber May 2022, no. 21-10.423), or even recent judgment of the European Court of Human Rights that condemns France for excessive formalism in the implementation of electronic communication15 » (European Court of Human Rights June 2022, Req. no. 15567/20: Xavier Lucas v. France). IV. [...]
[...] Similarly, perfectly transnational subjects such as the climate objective, which profoundly affect law - both private and public law - must be addressed. Political elements of restructuring law can also be highlighted: victory in the June legislative elections of a political coalition that would be favorable to strengthening the antiliberal conception of contract law, strengthening by the legislator of cooperation at the European level that enshrines developments related to environmental protection, particular influence of supranational jurisdictions on divisive political subjects (environment, immigration, access to justice, equality of rights . [...]
[...] 2021-1104, August 22, 2021), which has an influence in as varied fields as the automotive or mining sector. Thus, one must note the contribution of large companies to the imported deforestation provided for by the aforementioned law, which 'provides, from 2024, the implementation, by large companies of an action plan containing measures allowing the identification and prevention of deforestation associated with the production and transport to France of goods and services that contribute to deforestation6 ». II. Law of obligations The law of obligations is also undergoing a transformation, and although this is in the sense of greater protection for debtors against their creditors following the 2016 reform of the law of obligations, the evolution remains subtle. [...]
