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Litigation In France

How to terminate a business relationship with a French company?

French law prohibits the sudden termination of a business relationship with a French company, regardless of whether such relationship is based on a formal written contract or stems from ongoing informal business dealings. Pursuant to article L. 442-1 II of the French Commercial Code, in the event a party to an established commercial relationship terminates such a relationship without sufficient prior notice given in writing, it must indemnify the other…

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French law on precautionary attachment of assets

In France, when a creditor has difficulty in obtaining payment, he generally proceeds, before any litigation on the merits, to a protective (precautionary or interim) attachment (or seizure) (the exact term in French is “saisie-conservatoire“, which means literally “conservatory seizure”) of his debtor’s assets, as a means to exert pressure on the debtor to obtain payment. What is a precautionary attachment of assets pursuant to French law and in what…

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Precautionary arrest of aircraft in France

The precautionary arrest of an aircraft in France is an emergency measure which allows a creditor, even without a final judgment on the validity of its claim, to immobilize the aircraft of his debtor if he proves that the creditor’s claim appears to be well-grounded in principle and that there are circumstance which threaten the collection of the debt. In such case, the conservatory arrest of the aircraft in France…

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Prejudgment Attachment of Assets in France

1° How to obtain a prejudgment attachment of the assets of a debtor in France? Any person whose claim appears to be well-founded in principle may ask the judge for an authorization to take a protective measure against the debtor’s property, without a prior order, if he can prove that there are circumstances likely to threaten its recovery (French Code of Civil Enforcement Procedures, art. L. 511-1 and R. 511-1)….

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