Matthieu de Varax and Charles Derollez Introduction Personal guarantees, particularly suretyships, are a common feature in French secured financing transactions. Under article 2309 of the

Soyons clairs tout de suite et osons le dire, voire le clamer : nous pensons que le droit civil est supérieur à la common law

Article L6131-4 of the French Code of Transport provides that if an aircraft is leased, the owner and the operator are jointly liable for damages

Introduction In 2019, the French President launched a citizen convention for the climate, comprising 150 French randomly selected citizens. The purpose of the convention was

Introduction As France takes over the presidency of the Council of the European Union on 1 January 2022, it wants to show the other 26

The French authority in charge of preventing and controlling air pollution (ACNUSA) is also responsible for ensuring that airlines comply with the French regulation regarding

The Court of Cassation recently issued a decision with respect to the liability of a pilot in the context of a flight that did not

Introduction Bank account pledges are often part of the security package in secured lending. Under Article 2360 of the Civil Code, a bank account pledge

On 6 January 2021 the Court of Cassation had, for the first time, the opportunity to provide its interpretation of Article 3(3) of EC Regulation

Par Emmanuelle CHEVALIER, Elève-Avocate et Georges TCHIKAIDZE, Juriste–Stagiaire chez Odi-sé Avocats 11 février 2021 Lors du 1er confinement, au printemps 2020, des drones équipés de caméras

Les textes législatifs peuvent parfois se révéler ambigus et difficiles à interpréter.  Les textes européens ne font pas exception à la règle mais ils ont

Introduction Contractual rights under aircraft manufacturing and sale agreements are often assigned and transferred from the initial buyer to a third party, such as a

The aviation industry faces a number of challenges in 2020 – from sustainability and digitisation to the potential fallout from the COVID-19 outbreak. In this

In order to be enforceable and ensure priority against third parties, Article L6122-8 of the Transport Code provides that aircraft mortgages must be registered with

Introduction While first-demand guarantees (also called independent guarantees (garantie autonome)) are well known and widely used in structured or cross-border financing (eg, aircraft financing), they

Introduction In civil law jurisdictions it is generally thought that courts interpret law that pre-dates their decisions. In a decision rendered on 13 April 2018,

The Court of Cassation recently rendered an important decision regarding manufacturers’ liability.(1) The decision concerned the Air Asia Airbus A 320 which crashed in the

French drone legislation was recently updated to require individuals who fly drones for leisure purposes (known as’telepilots’)(1) to undergo specific training. In addition, Law 2016-1428

On 8 November 2018 a Ryanair-operated Boeing 737 was arrested at Bordeaux-Merignac Airport. While commercial aircraft are sometimes arrested in France, these are rarely operated

Since the 1930s, French regulation has made it clear that parties to domestic contracts must make payments usingFrench currency. While there was an exception to

Introduction On 7 March 2018 the Supreme Court for Administrative Law heard a case where no choice needed to be made – anairplane engine and