Étiquette : sale of business

Judicial determination of the sale price of a business: a clear reminder of the limits of the judge’s power

Le par Olivier VIBERTdans Corporate - Company, EnglishLaisser un commentaire

Cass. com., 4 June 2025, no. 24-11.580 In this ruling, the Court of Cassation clearly emphasises that the judge cannot substitute his assessment for that of the parties when determining the sale price. This decision reaffirms the formal prohibition on judges setting prices and delimits their powers. Pharmacie Girardeaux had entered into a promise to …

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Paulian action in the event of fraudulent transfer of a business

Le par Olivier VIBERTdans contract / commercial, Corporate - Company, English, International1 commentaire

Cour de cassation, com, 29 January 2025, no. 23-20.836 The paulian action can be implemented when an easily seizable asset is replaced by a sum of money that is easier to conceal. This decision is a reminder that the paulian action is not conditional on proof of the debtor's apparent insolvency. Background and facts The …

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