Results
A description of the means used to defend your rights and interests, both amicably and in court.
Muse avocats
First consultation refunded*
09 83 68 80 80 (toll-free)
First consultation refunded*
*The initial consultation is automatically refunded on the first invoice whether you choose to entrust your case to MUSE AVOCATS. For a one-off consultation with no further action required, the initial consultation is charged at the single rate of €69,00 excluding VAT.
Out-of-court dispute resolution
%
of disputes handled by MUSE AVOCATS have been settled out of Court*.
*Rate of out-of-court settlement of disputes handled by lawyers in the #MUSE AVOCATS Collective in commercial and property law, sampled on the basis of all disputes resulting in a decision (out-of-court or in court) between 1 January and 31 December 2023.
« On the ball » would be the motto of MUSE AVOCATS.
Because it's never pleasant to be confronted with a litigious situation because of what it entails (numerous registered letters, bailiff's reports, stress, constant availability), it's vital that this situation be brought to an end as quickly as possible.
Your lawyer will help you to target each of the key issues in your dispute to draw up a synthesis of your rights and the law, the potential gains and the risks.
Thanks to in-depth groundwork and the co-ordination of various skilled Partners, out-of-court settlement is an efficient alternative dispute resolution method for reaching a balanced outcome in the shortest possible time...
...and you free your mind.
#Up-to-Date
Our aim is to provide you with a simple yet flexible services, so we use the most up-to-date tools to do so such as: participative videoconferencing, electronic signatures, enforceable legal documents, etc.
We handle your cases with cutting-edge digital technologies and the very latest procedural laws to ensure greater efficiency.
🤝🏻 Are you close to reach an amicable settlement in your dispute?
Not a minute to lose. Your lawyer will take advantage of this opportunity to draw up a settlement agreement, which will be uploaded on DocuSign®.
This means that signatures can be collected electronically as soon as the agreement goes online, even if the opposing party is on the other side of the world.
Your interests are protected as swiftly as possible, allowing you to concentrate on other priorities.
#Efficient
🏅 Your amicable agreement has the same value as a Judgment
Act no. 2021-1729 of 22 December 2021 on confidence in the judicial system now recognises the following as enforceable deeds: ". [transactions and documents recording an agreement resulting from mediation, conciliation or a participatory procedure when they are countersigned by the Lawyers of each of the parties [...]. "
The out-of-court settlement reached with the help of your lawyer will have the same effect as a judgment rendered by a Court or a Court of Appeal, this ensure that your out-of-court negotiations are as secure as possible.
Muse avocats
First consultation refunded*
09 83 68 80 80 (toll-free)
First consultation refunded*
*The initial consultation is automatically refunded on the first invoice whether you choose to entrust your case to MUSE AVOCATS. For a one-off consultation with no further action required, the initial consultation is charged at the single rate of €69,00 excluding VAT.
Dispute resolution and litigation
#Jurisprudence
Here are some public court rulings in business law, property law and banking law relating to certain cases handled by the lawyers of MUSE AVOCATS.
Co-ownership : no work carried out on the common areas and a co-owner's rental losses
Tribunal Judiciaire de LYON, 30 November 2021
" [...] DECLARE inadmissible the plea of dismissal raised by the syndicat des copropriétaires [...],
ORDER the syndicate of co-owners [...] to carry out all necessary work of a nature to to stop water seeping into lots 1161 and 1162 of the co-ownership building within a period of two months from the date of notification of the present 50 per day of delay for the duration of the order. fifteen days, after which the enforcement judge will have jurisdiction to examine the claim. the remainder of the claims and the liquidation of the penalty payment,
ORDER the syndicat des copropriétaires [...] to pay SCI X the sum of 3,780 euros exclusive of tax as provisional compensation for the loss suffered [...].
Renovation work Site abandonment
Tribunal Judiciaire de LYON, 25 January 2022
"...] It is clear from the documents submitted to the court that the X consorts have demonstrated that the masonry work was not carried out (works contract, formal notice, bailiff's report dated 26 July 2021).
It is therefore appropriate to declare the unilateral termination of the works contract entered into between the parties and to hold Z contractually liable and order it to pay the provisional sum of €16,427.00 corresponding to the amount of the works contract that was not performed. […]. "
Real Estate Law
Commercial law
Website design fault, failure to comply with specifications and non-delivery
Paris Commercial Court, 9 September 2020
" [...Whereas X claims that the e-commerce site and the PWA do not comply with the specifications, and in support of its claims, X produces email exchanges with Z requesting changes to the developments put online, as well as a bailiff's report, that the said bailiff's report is not challenged by Z, which on the contrary repeats it in its conclusions, that the said bailiff's report shows that, in addition to the texts and photos truncated in the site, the functions for making appointments and online payment do not exist, even though they are provided for in the specifications,
Whereas Z claims that its developments comply with the specifications, but in the absence of an acceptance certificate, it must provide proof, which it has failed to do; […]
Acknowledges the automatic termination of the service contract of 12 March 2018 due to the fault of the company Z ;
Order company Z to pay company X the sum of 5,385.44 euros in damages;".
Means of payment malfunctioning of the online payment module offered to a retailer
LYON Commercial Court, 1 December 2022
"...] It is [the Bank's] responsibility to ensure that it works.
The provisions of the agreement signed by the parties should therefore be applied. [...]
"In its capacity as lender, the Bank insures against the risk of borrower insolvency in respect of free credit agreements.
The quantum of the sums not paid by the insolvent customers is €45,514.75. This amount is not disputed by the defendants. Pursuant to the agreement [...], these sums are guaranteed. [...]. "
Seizures by bailiff assignment of receivables, enforced collection and lack of proof
Tribunal Judiciaire de LYON, 17 March 2022
"In the present case, SA Z has produced a memorandum of assignment of a claim between the assignor A and itself, as assignee, [...].
In addition, the defendant submitted a document to the court entitled "Extract from the appendix to the assignment contract listing the assigned receivables", which was sent by the plaintiff and contained a table listing only one receivable, with a debit balance of [...] 27,690.81 euros [...].
SA Z has not produced the appendices mentioned in the assignment form, but only an extract from these appendices, which appears to be a table drawn up by SA Z and not a real extract from the document, a notarised certificate or a bailiff's report that would make it possible to establish that the disputed claim is indeed part of the batch of assigned claims.
Several other factors call into question the probative value of this document.
In view of all these factors, [...] its action will be declared inadmissible [...]."
Fraud Transfers initiated using the "technician fraud" technique
LYON Commercial Court, 31 January 2023
"The agreement signed [...] expressly stipulates on page 3/5 that a ceiling of €100,000 of transactions that the user is authorised to validate per account, accumulated per day and per order type, has been set by default.
At the hearing, the Bank acknowledged that this capping mechanism might not be efficient in the case of successive transfers carried out quickly, and that a "batch" period was necessary.
This is undeniably an unjustified technical IT deficiency, in contradiction with the Bank's obligation of result resulting from the contract binding the parties and ipso facto rendering the Bank liable for non-performance of an obligation sanctioned by Article 1231-1 of the Civil Code [...].
As a result, the court will order the Bank to repay […] the sum of €54,000 in respect of the transfer made ... which should have been blocked.
Banking Law
Muse avocats
First consultation refunded*
09 83 68 80 80 (toll-free)
First consultation refunded*
*The initial consultation is automatically refunded on the first invoice whether you choose to entrust your case to MUSE AVOCATS. For a one-off consultation with no further action required, the initial consultation is charged at the single rate of €69,00 excluding VAT.
#MUSE AVOCATS
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Find your lawyer in Lyon and the Auvergne - Rhône-Alpes region: commercial law (commercial leasecourt, commercial court, etc.), real estateWe can advise you on a wide range of legal issues, including criminal law, insurance law and construction law. Assists you and advises you on your business. Carries property auctionshandles both insurance and banking litigation. Intervenes to recover your unpaid rent on your business premises. Appears before the Court of First Instance or the Commercial Court for any represented.
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