*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The predictability of the law and its application by judges is a fundamental attribute of legal certainty, a principle affirmed by the European courts and which has been recognised as having constitutional value at the French national level. However, while the principle is firmly established, it is above all its constant negation that is regularly stressed when considering the law applicable to a company: the phenomenon of legal uncertainty is in fact widely denounced as a major characteristic of modern business law. This uncertainty generated by the unpredictability of the law is, in our opinion, a qualifying element that contributes to the very
ARTICLE : NOTICE PERIOD - ANALYSIS - ARTICLE L. 442-6, I, 5° FRENCH CODE OF COMMERCE - BUSINESS RELATIONSHIP - FRENCH COURTS - LENGTH OF BUSINESS RELATIONSHIPS - LONG-TERM RELATIONSHIPS - SUPPLIERS - BUYERS
Sudden breaking off of an established relationship: Statistical analysis of case law on time notice
The calculation of a reasonable notice period is at the core of the analysis based on Article L. 442-6, I, 5° of the French Code of commerce, which prohibits parties in a business relationship to break the relationship without prior notice. The purpose of the research is to empirically examine how French courts evaluate the length of the required notice. Our statistical analysis is based on a sample of judicial decisions before and after the change in the French law in May 2001. The analysis shows that there is a statistically significant correlation between the length of business relationships and the court’s required length of notice, asset specificity being a statistically significant variable. This paper sheds light on the Courts’ reasoning and practice, and may have important implications for companies in long-term relationships with suppliers or buyers who intend to break the relationships (Tables appear on the attached pdf version).
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