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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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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?