Commercial Contracts

August 10, 2026Commercial Contracts

Breaking Off Negotiations Under French Law: Freedom, Good Faith and the Cost of Abuse

French law lets you walk away from negotiations freely, but a bad-faith rupture can cost you. This guide explains when breaking off becomes wrongful, what the o

August 10, 2026Commercial Contracts

The Precontractual Duty of Disclosure in France: What Article 1112-1 Really Requires

Since 2016, Article 1112-1 obliges a party who knows information determining for the other's consent to disclose it, and the duty cannot be contracted out. This

August 10, 2026Commercial Contracts

Limitation of Liability Clauses in French Contracts: The Rules That Decide Their Fate

A limitation of liability clause is valid in principle in France, but the courts will break it for gross fault or where it empties the contract's essential obli

August 10, 2026Commercial Contracts

Penalty Clauses in French Contracts: What They Secure and How Judges Police Them

A clause pénale fixes in advance the damages for a breach, but Article 1231-5 lets a French judge raise or cut a sum that is manifestly excessive or derisory. T

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In French Corporate Practice

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Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l’avocat, Article 66-5 of the Law of 31 December 1971.