ALERTS: DISTRIBUTION - TRUSTEE - COMMON INTEREST

Trustee: The Paris Court of Appeal restricts the qualification of “common interest” trustee (Viaticum / American Airlines)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The principle of revocability ad nutum of the agent - without notice or compensation -, provided for in Article 2004 of the Civil Code and justified by the altruistic nature of the agency contract, is set aside when the contract can be qualified as being in the common interest. According to this case law construction, the mandate of common interest "cannot be revoked by the sole will of one of the parties, but only by their mutual consent or for a legitimate cause recognised by the courts or, finally, in accordance with the conditions and clauses specified in the contract" (Civ., 13 May 1885, DP 1885, I, p. 350; S. 1887, I, p. 220). The qualification and,

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Stéphane Brena, Trustee: The Paris Court of Appeal restricts the qualification of “common interest” trustee (Viaticum / American Airlines), 25 October 2018, Concurrences N° 1-2019, Art. N° 88694, www.concurrences.com

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