Legal updates and practical guidance on business law, commercial litigation, international contracts, corporate law and Tech, Data & AI, by Pierre-Louis Roquet, attorney at the Lyon Bar.
A claim for restitution arising from the post-commencement termination of a prior contract is not preferential: it must be declared, and only the *juge-commissaire* (supervising judge) can admit it to the liabilities.
The Cour de cassation rules that no text requires the respondent's submissions to include the mention "incidental appeal": it is sufficient for the operative part to request reversal within the three-month period of Article 909 of the French Code of Civil Procedure.
An expired suretyship is not an extinguished suretyship: the *Cour de cassation* (French Supreme Court for civil and criminal matters) requires it to be included in the overall debt of the surety called upon to pay.
Cass. com., July 8, 2026: the seller's duty to advise gives way to the effective competence of the professional buyer, irrespective of the specialty identity.
Cass. com., July 1, 2026: set-off operates on the date its conditions are met, not when it is invoked. A decisive defense argument.
Cass. com., July 1, 2026: A shareholder dispossessed by a disposal plan has no appeal, even by invoking the European Convention on Human Rights.
Cass. com., July 1, 2026: the recorded use of security codes does not prove the payer's consent. Analysis and consequences for businesses.
Cass. com., July 1, 2026: the approval of a transfer plan, whether total or partial, renders an action for extension due to commingling of assets inadmissible.
In a decision of July 1, 2026, published in the Bulletin, the commercial chamber clarifies the rules for terminating established commercial relations in public road freight transport and sets a clear rule regarding the *contrat-type* approved by decree.
Cass. com., June 3, 2026, n° 24-22.130: a mere breach of professional ethics does not characterize unfair competition. The causal link with client transfer must be established.
Commercial negotiations for 2026 introduce a new commitments charter and stronger obligations relating to general terms and conditions of sale. A practical analysis of the legal and operational issues for companies.
Force majeure and unforeseen circumstances represent two distinct legal mechanisms allowing for the adaptation or suspension of contractual performance in the face of exceptional situations. This article details their conditions of application and their practical consequences.
1 2
The articles gathered on this page follow developments in French business law: rulings of the Cour de cassation and the courts of appeal, legislative reforms and European texts that apply to companies operating in France. Each analysis starts from a concrete situation faced by a director or an in-house legal team, sets out the applicable rule, and draws the practical consequences for contract drafting, litigation strategy or the compliance of a technology project. Case references and statutory texts link to official sources so that every point can be checked.
A matter on one of these topics? The firm is based at 264 rue Garibaldi, 69003 Lyon, and replies within one business day.