Commercial contracts and disputes

Not if the relationship is established. The French Commercial Code penalises abrupt termination: written notice must reflect the length of the relationship. Eighteen months' notice protects the terminating party from a claim for insufficient notice. Serious misconduct by the other party can justify immediate termination.

Save for exceptions, the agreed term may not exceed 60 days from the invoice date, or 45 days end of month if the parties have expressly agreed. Without agreement, the term is 30 days after receipt of the goods or performance of the service. Any delay triggers late-payment penalties and a fixed €40 indemnity for collection costs.

Official source: Service-Public.fr (official page)

After reminders, a formal notice sets out the claim. If it has no effect, several routes are available: the simplified procedure for small claims, handled by a judicial officer, for debts not exceeding €5,000; an order for payment (injonction de payer), requested from the judge by application; interim payment proceedings (référé-provision) where the debt is not seriously disputable; or a full action on the merits.

Official source: Service-Public.fr (official page), Service-Public.fr (official page) (2)

Between businesses, a supplier that draws up general terms of sale must provide them to any buyer who requests them for business purposes. They form the sole basis of commercial negotiation and must contain certain information, including payment terms and late-payment penalties. They deserve careful drafting, as they underpin the security of customer relationships.

Official source: Service-Public.fr (official page)

For contracts concluded since 1 October 2016, Article 1195 of the Civil Code allows a party to request renegotiation where a change of circumstances unforeseeable at the time of conclusion makes performance excessively onerous for it, if it had not agreed to bear that risk. If renegotiation is refused or fails, the parties may agree to terminate or ask the court, which may revise or end the contract. This rule can be excluded by a contractual clause.

Yes. The Civil Code gives electronic writing the same evidential value as paper, provided its author can be identified and its integrity is guaranteed. An electronic signature is valid if it relies on a reliable identification process; a qualified electronic signature under the EU eIDAS Regulation benefits from a presumption of reliability. Some deeds remain subject to specific formalities.