Anticipating one’s loss of autonomy with the “mandat de protection future”
Facing a decline in one’s own physical or mental abilities, or those of a loved one, is always a difficult ordeal. That’s why, in such a situation, it’s essential to surround yourself with the right people and to anticipate any resulting loss of autonomy, both in legal and financial terms….Continue reading
International brokerage contracts: some drafting tips
Securing international trade operations is a significant challenge as global trade dynamics evolve. Therefore, knowing how to draft a good international brokerage contract is becoming increasingly important. International sales and supply chain transactions involving commodities, manufactured goods, or other assets can take many forms, each governed by different rules. The…Continue reading
Trusts and French law: civil effects; tax consequences
1. Definitions The trust is a well-known institution in Common Law countries (United Kingdom, USA, Australia, New Zealand, Caribbean countries and territories, etc.). It is also found in so-called “mixed” countries characterised by “bijuralism”, i.e. where the legal system is inspired by both Common Law and civil law (Mauritius, Seychelles,…Continue reading
THIRD-PARTY FUNDING IN INTERNATIONAL ARBITRATION: A CROSS-DISCIPLINARY APPROACH
Author: Francesca Mastragostino, candidate to the Luxembourg Bar and Legal Analyst at Qanlex, a litigation finance fund operating in Europe and Latin America when this article was written. Summary: Insights from a funder’s perspective regarding the stages leading to the signing ofa Litigation Funding Agreement, including factors considered during the…Continue reading
THIRD-PARTY FUNDING OF INTERNATIONAL ARBITRATION: A CROSS-DISCIPLINARY APPROACH
Author: Maître Simon Deceuninck is a lawyer at the Bar of Bordeaux. Summary: The author presents the subjective viewpoint of a French lawyer, concerning the phase prior to the signing of a contract for third-party funding of international arbitration proceedings. Abbreviation: In what follows, third-party funding or third-party funder will…Continue reading
Judicial expertise in France: what’s the lawyers’ role?
Among the guiding principles of French civil procedure, respect for the adversarial process, i.e. the right not to be judged without having been heard or called upon to express oneself, is central. Contradiction (or the adversarial nature of the civil trial) fulfils an essential role: it allows the parties to…Continue reading
Why invest through a holding company in France
If you do business in France, you have probably heard of “holding companies“. There are many reasons why this is a popular topic: whether it is to optimise the management of a group of companies or to facilitate reinvestment, it has many advantages. This management and investment tool is indeed…Continue reading
The many advantages of a letter of intent (LOI)
A Letter of Intent (LOI) is a document, written in the form of a letter or declaration, whereby its author informs the addressee of his genuine intention to enter into or continue negotiations with him. The LOI therefore formalises a willingness to enter into talks (within the meaning of Art….Continue reading
The Reform of the French Hereditary Reserve in International Successions: First lessons, First solutions
In our article dated 18 November 2021, Me Marie-Claude Bessout (former Notary) and I alerted our foreign readers to the consequences and uncertainties brought about by the “law against separatism” of 24 August 2021 with regard to international successions. We regretted that the wording of the new Par. 3 of…
The international acquisition of a French business: some practical advice
In one of our previous articles, we presented the two main techniques for acquiring a business in France. Today we will approach this issue from the international perspective. In particular, we will give practical advice to foreign companies and entrepreneurs wishing to acquire a French on-going business (fonds de commerce)….Continue reading
