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 the Court of Cassation brings a new, restrictive, look to the regime of the surety.

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 able to receive the benefit of his claim.