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Franchise Agreements and the Duty of Good Faith In European Civil Law
The “restrictive,” “adaptive” and “collateral” approaches to a duty of good faith ' which were discussed in Part One of this article last month ' can be found in differing combinations and degrees in most of the civil jurisdictions in the European Union (EU), despite the fact that some of them have very different historical perspectives and approaches to the concept of good faith. The two primary “families” of civil law in Europe are German and French, and each approaches the concept of good faith in a different way. Last month we took a look at the German system; now, we turn to the French.
Bonne Foi: The French Approach to Good Faith
In France, although the general concept of good faith, or bonne foi, is found in Article 1134 of the French Civil Code, until the last quarter of the 20th century, it was substantially limited by the judicial view that “if a person says something it is fair” (“Qui dit Contractuel dit juste“). (Other provisions of French law also contain notions of good faith.)
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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Identifying Your Practice's Differentiator
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.