CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – CASELAW – SUBMISSION – LIABILITY CLAUSE

Submission: The French Supreme Court considers, under article L. 442-6 of the French Commercial Code, that a liability clause cannot be deemed unwritten without submission (Delta Security Solutions)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The movement to block the application of Article L. 442-6 C. com. is still in progress. The reported judgment is perhaps not the most spectacular illustration of this, but it has the merit of reminding us that the law of commercial relations is not a "trick" that could be conveniently wielded to police contractual clauses. In the present case, Avenir Telecom had concluded a remote surveillance contract with Delta Security Solutions. Since a theft had taken place

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  • University of Aix-Marseille

Quotation

Frédéric Buy, Submission: The French Supreme Court considers, under article L. 442-6 of the French Commercial Code, that a liability clause cannot be deemed unwritten without submission (Delta Security Solutions), 14 February 2018, Concurrences N° 2-2018, Art. N° 86915, pp. 107 - 108

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