CASE COMMENTS: DISTRIBUTION – FRANCE – FRANCHISE – INTUITU PERSONAE – ASSIGNMENT

Franchise: The Limoges Court of Appeal considers that the intuitu personae clause stipulated to the sole benefit of the franchisor in the insolvency proceedings does not preclude the transfer of the franchise agreement to a new party (Pata Manosque / La Pataterie développement)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The delicate question of the transfer of a franchise agreement to a transferee in the context of collective proceedings concerning a franchisor is the subject of a decision handed down by the Limoges Court of Appeal

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Dominique Ferré, Franchise: The Limoges Court of Appeal considers that the intuitu personae clause stipulated to the sole benefit of the franchisor in the insolvency proceedings does not preclude the transfer of the franchise agreement to a new party (Pata Manosque / La Pataterie développement), 28 January 2019, Concurrences N° 2-2019, Art. N° 90250, p. 93

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