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
The non-renewal of a French commercial lease for serious and legitimate motives: a weapon not to underestimate
The commercial lease contract is well known. In simple terms, it is the agreement whereby the owner of a property rents his premises to a company or entrepreneur, so that the latter can operate its business, craft or industry. The commercial lease should thus not be confused with the residential…Continue reading
How to buy a French property at auction
Buying a new property is always an exciting and challenging topic. The classic acquisition scheme is well known. Alone or with others, directly or via a company, the buyer, often assisted by a real estate agent, signs a compromis, and then reiterates the sale before a notary. The price, the…Continue reading
