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The question of attribution in the case of dishonest solicitation of employees at companies

Can a company be held liable if his employees attempt to recruit employees of a competitor company with unfair business practices? This consideration gives rise to the following questions: What conditions must be met for an enticement of employees to be considered unfair, and what are the consequences for the managing director?

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The Court of Cassation prohibits the use of suspensive conditions for the main contractor’s bond

Although many of the provisions of the 1975 Subcontracting Act are merely dispositive, provided that the stipulations of the contract are negotiated, Article 14, which deals with the surety of the principal contractor, stands out as being of public policy: it cannot be derogated from under penalty of nullity of the contract. The decision of…

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Force majeure: a debtor’s privilege

Since the 2016 reform of the law of obligations, the new Article 1218 para. 1 of the Civil Code only provides for force majeure for the debtor of an obligation. The question has been raised whether a creditor can also invoke it, if due to unforeseeable, irresistible events beyond his control, he is no longer…

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