How many signatures for a person intervening in an act in a dual capacity?

In practice, it often happens that a person intervenes in a contract in several positions. It may indeed be that the same person intervenes on his own behalf and on behalf of another person (company, association, other natural person, etc.). The question then is whether the person must sign one or several times. This decision …

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Sudden termination of a supplier / distributor relationship : tort or contractual ?

The Court of cassation applying the CJEU case law ruled that "an action for damages founded on an abrupt termination of a long-standing business relationship is not a matter relating to tort, delict or quasi-delict within the meaning regulation 44/2001 if a tacit contractual relationship existed between parties." (Cour de cassation, Commercial chamber, September 20, 2017 …

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Commercial contracts: the arbitration clause, its drafting, its effects

The mere reference in a commercial contract to an arbitration center cannot challenge the purely optional nature of an arbitration clause inserted in the General Conditions. Cour de cassation, Civil Chamber 1, 12 June 2013, Appeal number 12-22656 Company A replaced turbo generators in a factory. The Company B installed these generators. Malfunctions occured due …

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The sudden termination of established commercial relations can be used by a third party to claim damages

The Court of cassation ruled in a decision rendered on the 6th of September 2011 that a third party could use the sudden termination of a commercial relation to claim indemnities if this termination also caused a prejudice to this third party. Cour de cassation, 6 septembre 2011, Chambre commerciale, pourvoi n°10-11975 An import-export company …

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