Promote and protect the business
Our commercial department works with its clients both, to secure company contracts and on all commercial and criminal litigation.
Consumer and distribution law
Annual negotiation of medium – large retail markets
Manufacturer-distributor negotiations, which must be reached no later than 1st March of each year, with the signing of a framework agreement defining all of the conditions governing the purchase by a distributor of products by manufacturer.
Breakdown of established business relations
Legal provisions allowing one of the two partners, whose business relationship has been terminated without notice, taking into account the reality of the relationship (duration, degree of dependence etc.) in order to obtain judicial damages.
Rules to ensure that consumers are not misled by marketing schemes, sales promotions, names of products, allegations surrounding such products or product composition.
Contract for service provision
Organisation of the provision of services by a company to another company with defined quality standards, financial conditions and penalties, liability of parties, escalation clauses and dispute resolution.
Optimsation of contractual arrangements ensuring the success of business objectives.
Commercial relationship in which the franchisor structures a distribution network of independent retailers to whom it shares its knowledge, its brand and its products, and who benefit from the franchisor brands, services, sales promotion, marketing etc..
General conditions of sale/purchase
All conditions of sales transactions, as requested by the seller (or buyer) and detailing the conditions of sale (or purchase) products and quality standards, tariff reference Incoterms, price revision, conditions of sale modification, warranty, liability, risk transfer, logistical conditions, tr
New Promotional Tools (NPT)
New forms of sales promotion such as virtual prizes, loyalty cards, couponing, cross-couponing etc.
Pre-contractual disclosure document
Document prior to the signing of the franchise agreement by which the franchisee presents its market and the main provisions of the franchise agreement which is attached. It allows the franchisee to make an informed decision whether to join the franchise network.
Promotion of sales
Strategies that draw consumers' attention to one or more products through promotional offers, sales with bonuses, combined sales or prospects of winning a lottery, without diverting the act of the purchase of the main product.
Regulatory food processing
Identifying potential claims for food products under applicable national and European law and professional practice laws and regulations (100% natural, nutritional claim, naturalness etc.) and names which can be given to the products according to their characteristics and the consumer perception.
Selective and exclusive distribution
Organisation of the distribution network to which access is limited by selection criteria related to the image of a brand or specific to the distribution of certain products in certain territories.
Threshold of below-cost resale
A distributor may not sell a product below a certain price based on the purchase price, including discounts and rebates and other financial benefits, the cost of transport, etc..
Agreement of parties on the terms of a contract which will be enforced by the power of the law. This is a binding law in the sense that if one party fails in its obligations, the Court can impose penalties.
Break of established commercial relations
Termination of an established business relationship which, even in the absence of a contract, may entail the liability of the responsible party (non-observance of a reasonable notice) causing a m to the victim of the termination.
Collection of debts
Implementation of all legal means, whether amiable or judicial, in order to obtain payment of a debt by a debtor.
Conflict between shareholders/partners
A dispute that may arise between members of a society, which can be , for example, related to the participation in the capital or in respect of shareholders’ agreement.
Defects of consent
An action that likely to affect the free will of a person engaged in a legal act, such as a contract. Article 1109 of the French Civil Code contains an exhaustive list of defects of consent which are error, fraud and violence.
Procedures for the parties to obtain a judicial decision in a very short time. This can be a requested when there is no genuine dispute about the case brought forward.
A judge, if deemed necessary, may appoint an expert to shed light on a question relating to a dispute.
Investigation in futurum
Measures which may be ordered by a judge either upon request of a prospective plaintiff when there is a legitimate reason to retain or establish said proof before any legal proceedings, for example, such as obtaining the appointment of a bailiff in charge of finding facts or compelling a party to
A financial obligation for which a person is responsible either due to non-performance or breach of contract (contractual liability) or due to a willful act or otherwise, meaning that the person in the wrong or who is allegedly so, has an the obligation to repair the damage that has been caused
Practice of law as a secondary practice
Opportunity provided by the law to certain non-regulated professions (consulting firms, accountants, real estate agents etc.) to give legal advice or draft documents under private seal, under conditions laid down by the law.
Provisions generally subject to judicial authorisation, allowing a party whose claim seems to be justified, to obtain guarantees of payment of conditional or disputed liabilities, or liabilities which may be disputed.
Representations and warranties
Convention to secure the position of a purchaser in connection with the transfer of a business or the acquisition of shares, including through the seller's debts incurred prior to the cession or a generating factor in regards to the cession.
Wrongful conduct of a person abusing the freedom of trade and causing a disturbance to the business of another person. This may be denigration, wrongful dismissal of employees, or imitation of products or processes.
Wrongful termination of negotiations
Wrongful termination of negotiations aimed at the conclusion of a contract or, more simply, the establishment of trade relations, in order to bring about the responsibility of the responsible person.
Criminal business law
Consisting either in extortion of money, a signature or a waiver, or in obtaining a secret by threatening to reveal a real or imaginary allegation, tarnishing the reputation of the victim.
Breach of trust
Event whereby an individual diverts, to the detriment of others, funds, securities or any property which have been entrusted to them and that they agreed to return or use for a specified amount of time.
Criminally punishable behaviour whereby an individual solicits; accepts or approves any gift, offer or promise of any benefit in order to delay or to directly or indirectly deny an action in connection with their profession.
Criminal liability of company agents
This may be incurred for breaches of company law (misuse of company assets and credit, presentation of inaccurate accounts), employment law (illegal employment, illegal loan labour), tax law (tax evasion) or the right of collective proceedings (bankruptcy).
Obtaining an object, a sum of money or a promise from a person either deceitfully, or by using a false name or status, or abusing of a truthful capacity, or by using fraudulent manoeuvres.
Stock-market related offenses for an individual who holds privileged information in the context of this profession to carry out or knowingly to have carried out on the market, either directly or through an intermediary, one or more operations before the public information has been informed of thi
Denunciation of a fact known to be totally or partially inaccurate, which is likely to result in judicial, administrative or disciplinary action against an individual, who is addressed either to the police or an authority having the power to act upon these allegation, or call in the competent au
Unauthorised practice of a regulated profession
Some professions, such as lawyers, doctors or accountants, are subject to the possession of a diploma or other formal qualification requirements, and are subject to penal sanctions.
Bank law and enforcement
Operation whereby a creditor assigns the debt to a third party against the debtor, thereby transferring of right shares and rights attached to the assigned debt. The assignee becomes the new creditor in place of the transferor.
All procedures to obtain forced enforceable titles, such as deeds and judgments.
Security whereby a third party agrees in respect of a creditor to pay the debt of the principal debtor in the event that the latter fail in its obligations. The bond may be real or personal.
Gratuitous or non-gratuitous contract by which a person gives to another, as precaution, property or money, which will be returned on a date that suits both parties.
Assignment of debt whereby a company sells its debt to an entity that will transform it into stocks, bonds or transfer insurance risk.
Legal mechanism, which may be conventional, legal or judicial, to ensure payment to a creditor of the debt in the event that the debtor will satisfy its payment obligation. These include mortgages, pledges and securities.
Seizure of property
Legal proceedings initiated by a creditor seeking to force the sale of a property belonging to the debtor, without the consent of the latter, in order to obtain repayment of its outstanding debt sale.