ALERTS: UNFAIR COMMERCIAL PRACTICES – SIGNIFICANT IMBALANCE – REFORM

Significant imbalance: The Lyon Court of Appeal begins to pave the way for the significant imbalance in civil law (Green Day / Locam ; Totem menuiserie / Brico Dépôt)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The concept of significant imbalance, known from special consumer rights and restrictive practices, made a notable entry into ordinary law in article 1171 of the Civil Code. Here then come the first decisions handed down in application of this new rule, conceived, admittedly, as a genuine (r)evolution, but from which it emerges, from an analysis of the judgment under comment, that the assessment is not so innovative since it draws directly on the assessment made by its predecessors. Facts. And this inspiration to already express itself as to the ground on which it is called upon to play: the famous financial leasing contract that a catering company had

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  • Centre de Droit de l’Entreprise (Montpellier)

Quotation

Sibylle Chaudouet, Significant imbalance: The Lyon Court of Appeal begins to pave the way for the significant imbalance in civil law (Green Day / Locam ; Totem menuiserie / Brico Dépôt), 27 February 2020, Concurrences N° 2-2020, Art. N° 95241, www.concurrences.com

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