Strategic Lawering Paris Lyon Bruxelles

Articles from Jean-Luc Soulier

Published at 27 April 2017
Category : EU Law
E-newsletter: April 2017
The United Kingdom is the first Member of the European Union that used the withdrawal option provided for under Article 50 that was introduced in the Treaty on European Union by the Lisbon Treaty. This unexpected withdrawal raises major challenges that no one seems to have actually anticipated.
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Published at 30 January 2017
Category : Contracts
E-newsletter: January 2017
Much has already been written about the reform of French contract law that became effective on October 1, 2016. Some legal writers complained that concepts that were specific and clearly defined by case-law have been replaced by vague and uncertain notions. To characterize the inspiration of these new provisions, a legal writer has used the term “tempered socialism”. Several hundred articles have been completely redrafted following a window dressing public consultation process. Have the remains of the former Napoleonic Code been the victim of the spirit of the times?
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Published at 24 February 2016
Category : Editorial
E-newsletter: February 2016
Ordinance of February 10, 2016 for the reform of French contract law that will become effective on October 1, 2016 introduces in the French Civil Code a number of new principles that are expected to significantly change the role of the judge in the resolution of disputes between contracting parties. Particular attention should be given to the public policy character of the parties’ obligation to negotiate and perform the contract in good faith, the parties’ duty to provide information upon conclusion of the contract – a duty that they may neither restrict nor exclude – and the doctrine of imprévision (unforeseeability) that empowers the judge to revise or terminate a contract wherever an unforeseeable change of circumstances renders the performance of the contract excessively onerous for a party.
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Published at 30 November 2015
Category : Editorial
E-newsletter: November 2015
We were deeply moved by the many messages we received from all over the world in the hours that followed the terrible attacks that took place in Paris on November 13. All of these messages expressed a feeling of unity, beyond cultural differences. And this is precisely what differentiates us from the barbarians who perpetrated these attacks and from their sponsors: Culture.
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Published at 26 June 2015
Category : Dispute Resolution
E-newsletter: June 2015
My participation in a panel on the rules of evidence during a meeting of the International Association of Defense Counsel (IADC) in Lisbon made me realize once again the substantial cultural gaps between Common law countries and Civil law countries. Just like planets are not to meet each other, these gaps occur along several axes: the role of the parties, the role of the judge and the means legally admissible for the collection and production of evidence.
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Published at 01 May 2014
Category : Corporate Law
E-newsletter: March 2014, May 2014
Pursuant to a Law dated December 28, 1966, still in effect today, “financial dealings between France and foreign countries are unrestricted”. This freedom is exercised in conditions set by the Government that may, “to ensure the defense of national interests and by way of decrees adopted on the basis of a report of the Minister of Economy”, subject foreign exchange transactions, French assets held abroad, and inward foreign investments to a declaration, prior authorization or control procedure.
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Published at 01 November 2013
E-newsletter: November 2013
Order of August 5, 2013 (the “Order”) on the implementation of the public participation process defined in Article 7 of the Charter for the Environment, adopted in application of the Law of September 27, 2012 (the “Law”) and that entered into forced on September 1, 2013, imposes on public authorities the obligation to consult the public before making any decision likely to have an impact on the environment.
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Published at 01 April 2013
E-newsletter: April 2013
The publication in the Official Journal of the Law dated April 16, 2013 on the independence of expertise in health and environmental matters and on the protection of lanceurs d’alerte (the “Law”) went almost unnoticed in the maelstrom of irrational violence that dominated the world headlines in the past few weeks.
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Published at 01 December 2012
E-newsletter: December 2012
The highly publicized case concerning the incinerator of Gilly-sur-Isère, better known as the “dioxin case”, has finally reached its epilogue, more than ten years after the launch of the judicial investigation ordered by the Public Prosecutor of the Albertville Criminal Court.
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Published at 01 July 2012
E-newsletter: July 2012
In a decision dated May 30, 2012, the Cour de Cassation (French Supreme Court) wrote the final chapter of the long legal and media saga in which the world leading chemical and agrochemical company has been accused of being at the origin of the abnormally high death rate observed among the bee population in France, following vehement complaints by bee-keepers. This decision upholds the judgment rendered on September 2, 2010 by the Toulouse Court of Appeals that exonerated Régent TS, a seed-coating product manufactured by BASF Agro.
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