Litigation In France

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…

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…

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…