Commercial Act Qualification by Court of Cassation
Case comment - 2 pages - Business law
The Court of Cassation revisits the definition of a commercial act, emphasizing profit intention and applicability to non-merchants.
Judicial Mortgage Inscription on Non-Seizable Property
Case comment - 2 pages - Business law
Analysis of a court judgment regarding the possibility of a professional creditor inscribing a judicial mortgage on a building declared non-seizable by an individual entrepreneur.
Transfer of Risk with Reservation of Ownership Clause
Case comment - 2 pages - Business law
The Court of Cassation rules on the transfer of risk in a sales contract with a reservation of ownership clause, determining that risk transfer occurs simultaneously with ownership transfer.
Court Rulings on Merchant Status and Commercial Court Jurisdiction
Case comment - 4 pages - Business law
The Court of Cassation makes several rulings regarding the status of merchants and the jurisdiction of commercial courts in various cases involving commercial acts and jurisdictional attribution clauses.
Confidentiality of Business Prevention Procedures vs Freedom of Expression: Court of Cassation Ruling Analysis
Case comment - 4 pages - Business law
Unlock the nuances of confidentiality in corporate prevention procedures with insights from a landmark Court of Cassation ruling. Discover how French and European law uphold the principle of confidentiality to protect companies in difficulty, balancing freedom of expression with the need for...
Nullity of Acts Concluded by a Company Lacking Legal Personality
Case comment - 5 pages - Business law
The Commercial Chamber of the Court of Cassation reaffirms its strict position on the nullity of acts concluded by a company lacking legal existence, emphasizing the absolute character of this nullity.
Court of Cassation Ruling on Contributions in Industry and Associate Status
Case comment - 2 pages - Business law
The Court of Cassation rules on the recognition of contributions in industry and associate status in a company, based on statutory provisions and unanimous partner agreement.
Court of Cassation Rulings on Associations' Economic Activities
Case comment - 2 pages - Business law
Summaries of Court of Cassation judgments on associations engaging in economic activities and non-competition clauses.
"Parent Company Liability: Court of Cassation Ruling on Control and Autonomy in Corporate Groups"
Case comment - 3 pages - Business law
Unlock the nuances of corporate law with insights from a landmark Court of Cassation ruling. Discover how the Commercial Chamber's 18 May 1999 judgment clarifies the legal autonomy of companies within a group, establishing that a parent company cannot act on behalf of its subsidiary....
Lawfulness of Promises to Buy Back Social Rights with a Minimum Price
Case comment - 4 pages - Business law
The Court of Cassation rules on the licitness of promises to transfer social rights accompanied by a minimum price, ensuring the transmission of social rights.
Lessor's Liability for Tenant-Manager's Debts
Case comment - 3 pages - Business law
Court of Cassation ruling on lessor's liability for debts contracted by tenant-manager due to confusion between personal and company activities.
Franchise Contract Transmission in Merger-Acquisition
Case comment - 2 pages - Business law
Court of Cassation ruling on the transmission of a franchise contract concluded intuitu personae in the event of a merger-acquisition.
Loan Contract Nullity for Unregistered Company
Case comment - 5 pages - Business law
Analysis of a Court of Cassation judgment regarding the nullity of a loan contract signed by an unregistered company and its implications for guarantors.
Treasury Management Agreements Between Sister Companies
Case comment - 1 pages - Business law
Court of Cassation ruling on the validity of treasury management agreements between companies controlled by the same physical person.
Exoneration Effect of Promises to Redeem Social Rights at Floor Price
Case comment - 2 pages - Business law
Detailed analysis of the exoneration effect of promises to redeem social rights at floor price and its implications on the balance of the social pact in corporate law.
Court of Cassation Ruling on SAS President's Remuneration and Abuse of Majority
Case comment - 2 pages - Business law
The Court of Cassation ruling on November 4, 2014 (n° 13-24.889) clarifies the conditions governing the remuneration of the president of a SAS (Simplified Joint-Stock Company) as per its statutes. The case revolves around whether the president's remuneration, decided by a collective decision...
Abusive Dismissal of Delegated Managing Director in SAS
Case comment - 2 pages - Business law
Court of Cassation ruling on whether dismissal of a delegated managing director without respecting the principle of contradiction constitutes an abusive dismissal.
Simplified Joint-Stock Company (SAS) Governance: Statutory Formalism Reaffirmed by Court of Cassation
Case comment - 3 pages - Business law
The Court of Cassation has ruled that a Simplified Joint-Stock Company (SAS) cannot maintain a board of directors if its statutes do not explicitly provide for it, emphasizing the importance of formalization in the SAS regime. This decision clarifies that the organization and management of an SAS...
Merger-Absorption and Guarantee Transfer
Case comment - 2 pages - Business law
Court ruling on the transfer of guarantee and pledge in the event of a merger-absorption of a creditor company.
Guarantor's Obligation in Merger-Absorption
Case comment - 2 pages - Business law
Court ruling on guarantor's obligation in event of merger-absorption of creditor company.
Merger-Absorption & Sub-Guarantor Commitment
Case comment - 2 pages - Business law
Court of Cassation rules on acquiring company's liability for sub-guarantor commitment after merger-absorption.
Court of Cassation Ruling on Third Party Liability
Case comment - 2 pages - Business law
The Court of Cassation's plenary assembly ruled on the liability of a defaulting contractor towards a third party, establishing the principle of identity of contractual and delictual faults.
Regulated Conventions and Prior Authorization
Case comment - 4 pages - Business law
Court ruling on the requirement of prior authorization for regulated conventions and the absence of nullity in the absence of proven prejudice.
Autonomous Guarantee Transfer in Company Split
Case comment - 3 pages - Business law
The Court of Cassation rules that an autonomous guarantee is not automatically transferred in a company split without an express clause or bank consent.
Revocability ad nutum of Social Directors
Case comment - 2 pages - Business law
The 1966 law allows for the revocation of social directors, particularly general managers of public limited companies, at any time by the board of directors.
Court Ruling on Management Fees and Director Remuneration
Case comment - 3 pages - Business law
The Court of Cassation validates the appellate court's approach to distinguishing between management fees and director remuneration, allowing companies to remunerate distinct services.
SAS Statutes Primacy Over Extrastatutory Acts
Case comment - 1 pages - Business law
Court ruling on whether extrastatutory acts can derogate from SAS statutes regarding managing director revocation.
Usufructuary Rights in SCI Companies
Case comment - 5 pages - Business law
The Court of Cassation rules on the rights of usufructuary shareholders in a civil real estate company, particularly regarding their ability to trigger a shareholders' meeting.
Ruling on Enterprise and Legal Person Distinction
Case comment - 5 pages - Business law
A landmark ruling by the Commercial Chamber of the Court of Cassation creates a distinction between enterprise and legal person, linking sanctions to economic activity rather than company status. This decision has significant implications for anti-competitive practices and mergers in France.
The Formalism of Taking the Act in the Name of the Company in Formation
Case comment - 5 pages - Business law
This document provides a commentary on the decree N°16-20903 dated September 28, 2017, rendered by the 2nd Civil Chamber of the Court of Cassation, discussing the formalism of taking the act in the name of the company in formation. It highlights the importance of adhering to the rules of...
