Caroline
Lawyer · Paris, France
- 238 cases handled · 32 in this service
- 17+ years in practice
- Speaks: English, French
- Law, University of Paris II - Panthéon Assas
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4.79(8 reviews)
A breach of contract in France, also called a contract dispute or a contractual dispute, arises when the other side does not deliver, delivers late or badly, stops paying or walks away from the agreement. French law calls the breach inexécution du contrat; the usual first step is a mise en demeure (a formal notice), and the money claimed for the loss is dommages et intérêts. People also search for breach of contract under French law or how to sue a French company. Some older lists and lawyer pages call this service “Contractual Disputes”.
Foreign businesses with a French supplier, customer or distributor; owners whose builder, architect or renovation firm in France has not finished the job; buyers of goods or services that never arrived; and freelancers or agents whose French client ended the contract early.
Since the reform of French contract law, the Civil Code lists in one place what the injured party may do, and the options can be combined:
A dispute normally opens with the mise en demeure, often sent by registered letter with acknowledgment of receipt. For smaller money claims and some disputes between neighbours, an attempt at an amicable solution (a court conciliator, the conciliateur de justice, mediation, or a negotiated procedure between lawyers) is required before a case can be filed; these rules have changed more than once, and a lawyer confirms which apply. Cases involving private persons go to the tribunal judiciaire; disputes between businesses usually go to the commercial court (tribunal de commerce). When something cannot wait, a fast interim procedure (référé) can order a measure or an advance on an amount that is not seriously disputed.
An English-speaking lawyer in France reads the contract and the correspondence, assesses which remedies fit, drafts the mise en demeure, handles the conciliation or mediation, and files and runs the case in French. After a judgment, enforcement goes through a commissaire de justice. A judgment obtained in another country is dealt with under enforcement of foreign judgments. Other court matters: litigation in France.
Yes. A lawyer in France can act under a power of attorney, so most steps take place without travelling.
Between businesses it generally is; a French court may ask for translations of the documents it relies on. Consumer and employment contracts follow special rules.
No. Many disputes end after the formal notice, in conciliation or mediation, or in a written settlement (transaction).
Clear terms on delivery, payment, termination and the competent court help most; see contract review and advice.
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The lawyer was excellent and efficient in every way.
The lawyer is calm, savvy and highly skilled, with excellent English. She helped us settle a tricky legal problem involving a Portuguese-based removal company, guiding us through the legal, technical and cultural complexities of our claim. For us it was priceless to have such peace of mind in a stressful period. We recommend her to anyone dealing with an international or complex legal claim.
The lawyer was very helpful, spoke good English and was there when needed. My small case was taken seriously.
Working with the lawyer was a pleasure, and her professionalism showed throughout. We are very thankful for her expertise and for the clear, well-articulated plan of action she set out. She made the effort to understand our situation and was always on hand to answer questions. We needed her because our wedding venue had charged us extra "overage" fees after the wedding and was keeping our wedding photos as collateral. She got to the bottom of it and resolved our case.
I am very happy with the lawyer, who is personable and supportive, and I am still working with her.
The lawyer gave us very helpful support on the company matter we approached him with. We will certainly use him for any future legal needs.
The lawyer was very committed and, most importantly, successful.
The lawyer was a great help. He replied quickly, understood our problem and was easy to work with.
I needed a lawyer after trouble getting a refund for a car reservation I had cancelled because of fraudulent information the car dealer had posted online. I contacted the service and my case was handled by one of its lawyers. Thanks to her action I got a relevant part of the money back within a few days, which I consider an absolute success. Dealing with her, I became firmly convinced that she is smart, excellent and reliable, a professional who comes quickly to the point. I would absolutely recommend her and the service to friends who may need legal support in Spain, and I would contact them again myself if the need arose.
This summer a client of mine had a problem with a Catalan bank, Caixa, which had blocked his mortgage account so that he could not pay his instalments. Being a lawyer from Russia, I was unable to resolve it myself and turned to the lawyers of this service. One of them answered first, and I signed an agreement with her for legal assistance to my client. Thanks to her outstanding perseverance and the highest professionalism, the problem was solved. My client and I are entirely satisfied with her work and deeply grateful. Should I need legal help in Spain again, I will certainly turn to her.
The lawyer did a great job for us in dealing with a difficult service provider. Her approach was suitably forceful and got the result we needed. Communication was excellent and timely, and we are very grateful. Highly recommended.
Our lawyer did a great job helping us resolve a purchase we made from a dishonest car dealer in Spain. She was honest with us from the beginning, always replied on time, and dealt with a very difficult person on the other side, closing the case successfully. We highly recommend this service!