Law and Compliance in France
- General Observation
- You must define precisely the seller's obligations and the methods of quality control. .
- Law Applicable to the Contract
- France is a signatory to the Vienna Convention on international contracts. The French legal system is complex. It is not easy for a foreigner to understand French law, so it is recommended that international laws be used or an arbitration system be called upon. International laws are generally accepted in contracts draw up with French companies.
- Advisable Incoterms
- It is preferable to choose an incoterm FOB or CIF. Avoid EXW, if you do not want to have to take care of the transport in France which can be complicated.
- Language of Domestic Contract
- French, English or any other language is possible if both parties agree.
- Other Laws Which Can Be Used in Domestic Contracts
- If French law is not used, the law of the other contracting party must be chosen.
Legal Framework of Business
Equity of Judgments
- Independence of Justice
- Equal Treatment of Nationals and Foreigners
- The Language of Justice
- Recourse to an Interpreter
- Legal Similarities
- French law has various sources: the Constitution, laws voted by Parliament, ministerial decrees and orders, international conventions and treaties ratified by France.
Because France belongs to the European Union, national law conforms to the requirements of Community legislation.
There are legal similarities with all the countries whose law has come from Roman law.
The Different Legal Codes
|Accounting regulations||The 4th Community Directive, incorporated at the national level by the accountancy Act of 30 April 1983, integrated in the Code of Commerce and completed by the law of 31/12/1989 relative to the simplified regime for small companies.
The 7th Community Directive and the law of 3/01/1985 concerning groups of companies (consolidated accounts).
|Contract and property law||Civil Code|
|Customs law||Customs Code in conformity with Community law|
|Consumer law||Code of consumption|
|Company law||Code of Commerce
General Tax Code
Monetary and Financial Code
|Investment law||Monetary and Financial Code
|Labor law||Labor Code
The Collective Agreements (interprofessional agreements conducted at the national level, local agreements containing the rules common to a profession, company agreements, or of an establishment, taking into account the characteristics of the company and its employees).
All practical information on Labor law, click here
Find Legal Experts in France on GlobalTrade.net.
- Avocat (Lawyer/Barrister)
- The lawyer's first role is to inform his clients about their rights and obligations. Then he is able to represent and defend them in a court of law.
- Expert judiciaire (Legal expert)
- A judge appoints a duly authorized professional who will review information in order to clarify certain elements of a case.
- Greffier (Clerk of the Court)
- All during the procedure, he will write down the exchanges, declarations and observations.
- Huissier (Bailiff)
- He is a legal officer responsible for serving legal process and for enforcing court decisions.
- Juge (Judge)
- He is the one who decides if the law has been broken or not, as well as the penalties which ensue.
- Procureur de la république (State prosecutor)
- He is a magistrate who represents the Prosecution in the county court ( tribunal de grande instance).
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In late December 2012, France officially passed a law suspending the production, trade and marketing of food containers containing Bisphenol A (BPA).
Foreign Agricultural Service on 18 Feb 2013 related to Law and Compliance in France
Materials that can be reasonably expected to come into contact with food are subject to regulations and guidelines.
U.S. Commercial Service France on 31 Aug 2012 related to Law and Compliance in France
Trade Mark protection in France may be obtained through different channels, but these will not grant the same territorial scope of protection.
CORMIER REISS & Associés on 18 Feb 2011 related to Law and Compliance in France
In a country that is traditionally less litigious in nature than the U.S., a letter from an 'avocat' notifying a French debtor of a claim has considerable weight.
Gallet Dreyer & Berkey, LLP on 15 Jun 2010 related to Law and Compliance in France
Globalization and international trade have increased the number of international commercial arbitrations where the investor and state instrumentality are parties and bilateral investment treaties (BITs) between countries exist.
Hassan Elsheshtawy, Global Consulting on 7 Apr 2010 related to Law and Compliance in France
This report is an overview of French food and agricultural import regulations which supplements the FAIRS GAIN Report for the European Union (E49058) dated August 7, 2009.
Foreign Agricultural Service on 4 Jan 2010 related to Law and Compliance in France
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