Practice area
Commercial law
Securing and developing your business relationships, from contract to litigation
Our lawyers cover the full range of commercial law: drafting and negotiating contracts, business law, distribution, competition, debt recovery and commercial litigation. Our approach prioritises securing your position upstream and preventing disputes.
Contract law
- Drafting bespoke contracts tailored to your business
- Negotiating key clauses (liability, warranties, termination)
- General terms and conditions of sale and purchase
- Distribution, franchise and licence agreements
- International contracts (governing law, jurisdiction, Incoterms)
Distribution and competition
- Structuring distribution and franchise networks
- Reviewing practices under competition law
- Unfair competition and free-riding (parasitisme) claims
- Abrupt termination of established commercial relationships (article L. 442-1 of the French Commercial Code)
Contract performance and litigation
- Assistance in the event of non-performance or contractual disputes
- Enforcement of termination and penalty clauses
- Amicable negotiation and mediation
- Representation before the competent courts
Debt recovery
Preventing default risk, putting appropriate security in place (retention of title clauses, guarantees), payment actions and enforcement proceedings (payment orders, attachment).
Contract audit
Review of your existing commitments to identify risks and opportunities for improvement. Bringing your contracts into line with legislative and regulatory developments.
Key takeaway
A well-drafted contract and close attention to commercial practices are the best safeguards against litigation. Our objective: to secure your business relationships and preserve their economic performance.
Frequently asked questions
When should you call on a lawyer?
From the launch of your business, when drafting commercial contracts, in the event of a dispute with a partner or competitor, or for regulatory compliance. The preventive role of a commercial lawyer, securing contracts and practices upstream, is just as important as the curative one.
General terms and conditions of sale must comply with the French Commercial Code and Consumer Code. They must cover payment terms, delivery conditions, warranties, the returns policy and liability clauses. A lawyer ensures they comply with the latest legislative developments, in particular the GDPR and pre-contractual information requirements.
Start with an amicable reminder, then a formal notice sent by registered letter. If the debtor does not respond, your lawyer can initiate payment order proceedings (quick and inexpensive) or a payment claim before the courts. Putting security in place upstream (retention of title clauses, guarantees) limits the risk.
Start with a formal notice restating the obligations. If the breach continues, several options are available: invoking the defence of non-performance, seeking specific performance, judicial termination or damages. Since the 2016 reform of French contract law, termination by notice is possible under certain conditions.
Unfair competition covers disparagement, confusion, free-riding and disruption. To bring a claim, you must prove fault, loss and a causal link. A lawyer helps you gather evidence (bailiff's reports, screenshots) and bring cease-and-desist and compensation actions before the commercial court.
The abrupt termination of an established commercial relationship is sanctioned by article L. 442-1 of the French Commercial Code. The injured party may obtain damages corresponding to the gross margin it would have earned during a reasonable notice period. That notice period is calculated based on the length of the relationship and industry practice.
An international contract requires determining the governing law, the competent jurisdiction or recourse to arbitration, the payment currency and international security (documentary credit, first-demand guarantee). Force majeure, hardship and Incoterms clauses must be tailored to the context of the transaction.
A question about this area?
Our team is available to review your situation and provide an appropriate answer.
Contact us