A Novlaw Practical Guide to Establishing a Franchise in France:How to successfully negotiate your franchise agreement in France? What is a franchise agreement?The Court of Justice of the European Union has defined a franchise contract as follows: « Franchise agreements as defined in this Regulation normally improve the distribution of goods and/or the provision of…
DEBT COLLECTION IN FRANCE: LAW FIRM OR DEBT COLLECTION AGENCY? Pursuing debt collection proceedings in France typically requires the involvement of a specialized third party actor. The first step to recovering your debts is therefore to make the decision between hiring a debt collection agency and a lawyer specialized in debt recovery claims. In France,…
Q & A With a French Debt Collection Lawyer1. As a foreign creditor abroad can I recover my debts in France?The French economy is largely made up of SMEs and is fed almost entirely by business to business (b2b) payments. As a foreign creditor looking to recover your unpaid dues, there are various options for…
Q&A: Contractual Obligations and Choice of Law in the European Union1. What is the choice of law rule?The cornerstones of EU private international law is freedom to choice. One of the pillars of this system is the choice of applicable law. The parties to a contract are given the freedom to choose the law applicable…
The termination of commercial contracts is notoriously tricky. Whether it takes place behind-the-scenes, during the initial negotiations or a posteriori in front of a judge, disputes between co-contracting parties tend to amalgamate around this central point of concern. The French Code of Commerce has codified the laws surrounding the practices of conducting an abrupt and…
A BRIEF Q&A ON JURISDICTION, APPLICABLE LAW AND DEBT COLLECTION PROCEEDINGS1. Who has jurisdiction if my debtor resides in France?Debt collection laws in France are first subject to jurisdiction agreements or choice of court agreements settled between contracting parties. These agreements set out within the binding contract which court will be competent to hear a…
Properly navigating the courts and time-limits for a successful appeal in FranceFiling for appeal in France can be tricky as there are strict deadlines and procedures to meet beforehand. There are a certain number of conditions and peculiarities inherent to the French system of appeals. Our practical guide to appealing a civil judgment in France…
Making Good Use of the European Payment Order in FranceThe European Payment Order (EOP) Explained:The European Payment Order (EOP) was established within the 2006 EU Regulation (EC) No 1896/2006 – creating A European Order for Payment Procedure. The goal was to create a simplified EU-wide procedure for litigation of uncontested cross-border debt collection claims. The…
Resolving Large Commercial Disputes in France: From Litigation to Processes of Alternative Dispute Resolution (ADR) On Litigation: A Familiar FaceThe field of dispute resolution in France revolves around three key processes: litigation, arbitration and alternative dispute resolution (ADR) methods such as conciliation and mediation. Litigation remains the most familiar method of dispute resolution, with its…
IntroductionInsolvency proceedings can be a dangerous game fosr creditors in France. Once your debtor has filed for insolvency under French laws, your possibilities, as creditor, are severely limited and your ability to pursue legal actions essentially paralyzed. These insolvency procedures allow for a company to manage its liabilities all the while benefiting from a state-mandated…
How to Successfully Sell your Business in FranceA Real Estate Lawyer’s Five Step Process to Selling a Business in FranceWhen selling your business in France it is important to distinguish between the sale of your business activity and that of the property and walls in which the business activity takes place. The ‘fonds de commerce’…
When opening a business in France, negotiating your lease agreement is one of the first places to start looking – and it may even be the part you find the most difficult to navigate. Your commercial lease is an essential piece of the puzzle. It sets out the terms and conditions for your business’s ongoing…