Significant imbalance:The French Supreme Court rules for the first time that article 1171 C. civ. applies to contracts concluded between professionals, provided that they do not fall under the special provisions of article L. 442-1 C. com. (Locam / Greenday)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Readers of the journal Concurrences may be surprised to find in these columns a commentary on a civil law decision. But, apart from the fact that it was eagerly awaited and that it is the first to rule, at the highest level, on the question of the scope of application of article 1171 C. civ., this judgment is noteworthy in that it makes the latter entirely dependent on the scope of application of another text, familiar to our column, which is the former article L. 442-6, I, 2° C. com. (now L. 442-1, I, 2°). In this case, a financial lease was concluded on September 25, 2017 by a company for the needs of its activity. After a notice of default referring to

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  • University of Aix-Marseille (Marseille)

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Frédéric Buy, Significant imbalance:The French Supreme Court rules for the first time that article 1171 C. civ. applies to contracts concluded between professionals, provided that they do not fall under the special provisions of article L. 442-1 C. com. (Locam / Greenday), 26 January 2022, Concurrences N° 2-2022, Art. N° 106546, pp. 126-128

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