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Commercial Law — Commercial contracts — Domestic and international contracts and public policy

Date Citation Note
28.11.2000 Com. 2037 Bull. Civ., 183 JCP G n° 19 09.05.01 p.957 Case Alium v. Alfin Incorporated & Groupe Interparfums International contracts of commercial agency; distinction from domestic contracts
French law has for some time distinguished contracts with an international element from domestic contracts in respect of the application of certain provisions expressed to be matters of public policy. The latter are applied domestically, but not necessarily internationally. The case brings out this tension in a matter involving provisions expressed to be of public policy, which protect commercial agents (as defined) against the termination of their contracts without indemnity.
Held:
The protective provisions of Article 134-1 et seq. of the Commercial Code are matters of public policy internally, but have no effect internationally.