About a ruling of the Court of Cassation on 15 December 2009 (Comm., December 15, 2009, No. 08-20522).
The Court of Cassation said that after the expiration of a non-compete clause, the transferee of shares remains entitled to invoke the legal guarantee on eviction.
This warranty expressly provided by law the sale of the Civil Code prohibits the transfer of shares in any conduct which has the effect of preventing further economic activity in society and achieve the purpose.
The seller of shares can not use the pretext of the expiration of a non-competition or lack of non-compete clause compete for the buyer.
Yann Gallon - Lawyer
The Court of Cassation said that after the expiration of a non-compete clause, the transferee of shares remains entitled to invoke the legal guarantee on eviction.
This warranty expressly provided by law the sale of the Civil Code prohibits the transfer of shares in any conduct which has the effect of preventing further economic activity in society and achieve the purpose.
The seller of shares can not use the pretext of the expiration of a non-competition or lack of non-compete clause compete for the buyer.
Yann Gallon - Lawyer
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