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Commercial Law — The concept of business ("commerce") — Custom

Date Citation Note
20.10.1920 Court of Cassation, Chamber for Petitions (“Chambre des Requêtes”) Case Robin v. Serenon (as insolvency liquidator of Chaffaudon and Tot Lam, a corporation) This case illustrates how different the rules of business law can be from those of the Civil Code, and how custom can play an important role in the judicial assessment of business dealings. The Civil Code, in article 1202, provides that joint and several liability is never presumed, and must on the contrary be expressly stipulated. In holding that this rule does not apply to commercial transactions, the Court refers to custom preceding the drafting of the Commercial Code and maintained ever since.