Insurance recourse actions: a cross border perspective – Zurich

Ansam OKBANI will speak at the conference "Insurance recourse actions: a cross border perspective" on 8 June 2023 in Zurich. She will shed light on this topic from the perspective of insurers and present the legal situation in France.

By |April 2nd, 2023|Insurance|

Sale and latent defect

The purchaser, who has the sole choice of actions provided for by law in the event of the seller's warranty for latent defects being called into play, may accept that the seller proceeds, by repairing the property at his own expense, to a repair in kind which removes the defect and re-establishes the contractual equilibrium intended by the parties. This solution cannot be extended to the repair of the latent defect by a third party, which, having no effect on the contractual relations between the buyer and the seller, cannot remove the estimatory action allowing the buyer to obtain the

By |February 28th, 2023|Business|

Road haulier’s exemption from liability

In a decision dated December 14, 2022 (Supreme Court, no. 21-14.438), the Supreme Court recalls that only force majeure can exonerate the carrier from liability for the loss of the transported objects. In this case, in order to exonerate the road haulier, the Court of Appeal, in the light of article L 133-1 of the Commercial Code, had held that in the absence of any particular safety instructions issued by the road haulier, he could not be reproached for having parked the trailer in a poorly secured parking lot simply by blocking the doors of the trailer by raising the

By |January 6th, 2023|Transport|

Termination of the commercial agency contract for serious fault

A commercial agent who has committed a serious breach, prior to the termination of the contract, which was not mentioned in the letter of termination and was discovered afterwards by the principal, so that it did not cause the termination, cannot be deprived of his right to indemnity (Supreme Court, 16 Nov. 2022, n°21-17423)

By |December 23rd, 2022|Business|
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