Messy Updo Instructions

guarantee owed by the transferor of a business condominium

About a ruling of the Supreme Court dated October 28, 2009 ( Cass. Civ 3e, 28 oct.2009, FS-P + B, No. 08-16826 )

To enhance the security of the lessor, the parties to the assignment may agree to include a guarantee clause whereby the seller undertakes jointly with the assignee to pay the rent and performance of the contract.

Failing such a clause, since a decision of the Court of Cassation of 1988 the landlord can not require the seller to pay the rent owed after the sale ( Cass. 3rd civ. July 12, 1988 No. 86 15759: Bull. Civ. III No. 125 )

It is important for the lessor to require the inclusion of such a clause.

The Supreme Court in that case dated October 28, 2009 said that the drafting of articles of solidarity must be accurate.

The solidarity clause is narrowly construed as to its extent.

Thus, when limited to the payment of rent owed by the assignee, the assignor may not be required to pay reparations or compensation rental occupancy caused by the transferee after the termination of the lease.

must always be expected that the commitment of such transferor extends to those sums.

Yann Gallon - Lawyer

Denises Milani Nipple

Trustees: Merger regulation coming

The managing agents are criticized for charging payments that should in principle be included in the package paid the owners.

Mr. Hervé NOVELLI, Secretary of State for Industry and Consumer Affairs, said as part of Audience consumption held October 26, 2009, he heard, before end of the first quarter of 2010, by order, fix the list of benefits covered by the plan trustees paid by the owners.

Yann Gallon - Lawyer

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and franchise renewal

The Court of Cassation considered that the franchise agreement, concluded in consideration of the person of the franchisor can not, except with the franchisee, be transmitted by the effect of a partial contribution of assets placed under the division.

Cass.com. November 24, 2009, FD, No. 08-16428

A company can be created with a merger a new legal entity, a merger, division, operations which involve transfer of all assets of the merged companies to the new corporation, or assets of the company being acquired or acquiring company to split (C. com., art. L. 236-3).

Article L. 236-22 of the Commercial Code also submit the partial contribution of assets to the system of divisions, the effect of transfer of assets and then having to be accommodated within the given industry.

The acquiring company or the company resulting from the merger event of a merger with creation of a new corporation is substituted, actively and passively, as universal rights and obligations of companies being acquired or merged.

Contracts intuitu personae are however subject to a special regime for transmission and require the agreement of the other party to such transmission.

A contract is entered into a personal basis in consideration of the person of the other party, that is those that we do not sign with anyone.

It is not easy to characterize the existence of a personal basis.

The contracts are free in principle, concluded a personal basis. Similarly, the contract term.

The sales contract is itself likely to be concluded with any person.

The parties to a contract may expressly state that it is also concluded a personal basis.

The Supreme Court said that the franchise agreement is a contract a personal basis.

To prevent mergers or partial contributions of assets are doomed to failure because of the intuitus personae, it is necessary to anticipate the consent of the franchise, by a contractual provision allowing well in advance to ensure the transferability of contracts.

Yann Gallon - Lawyer

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trial period = danger!

Renewing the trial period is possible only once if an industry-wide and the letter of appointment or employment contract expressly provided.

The employee's agreement on a renewal of the probationary period is required and must be express and unequivocal.

In a decision dated November 25, 2009, the Social Chamber of the Court of Cassation stated that the mere appearance of the employee's signature on a document prepared the employer does not signify agreement. The manifestation of clear and unequivocal commitment of the employee could "only be inferred from his signature on a document prepared by the employer."

Although in the past, the handwritten signature of the employee before his "Good for express consent to the renewal of the trial" has been accepted by the courts as an expression of character and unequivocally express renewal (Soc. 11 October 2000 No. 98-45170), I think, for my part, it is prudent for employers to formalize the renewal, not a single letter on which the employee would sign it and that wording but by an amendment to the employment contract, characterized only legal in my opinion the agreement of both parties.

Hervé ROCHE
Lawyer