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“Since a stipulation considered unwritten is also deemed never to have existed, the claim for restitution of undue payment must be calculated on the basis of the amount of rent that would have been due in the absence of application of such a stipulation” (3rd…
In French law, the rule of principle is full compensation for loss, all loss and nothing but loss. Jean Carbonnier sublimated this principle with his poetic phrase: “we must repair the harm, make it seem as if it had only been a dream”. Nevertheless, the…
Our partner, Delphine Jaafar, contributed to the latest issue (no. 637) of Hospital Management and its feature on “Sense, non-sense …”. Frédéric Spinhirny, editor-in-chief of the Hospital Management magazine, and Ombline Gazeau, editor-in-chief, accepted her proposal for an article on the sense and non-sense of…
The long-awaited decree on the licensing of teleconsultation companies was published in the French Official Journal on 1 March 2024: decree no. 2024-164 of 29 February 2024. The status for teleconsultation companies was created by the Social Security Financing Law (LFSS) for 2023. In order…
Law no. 2023-1268 of 27 December 2023, aimed at improving access to care through the territorial commitment of professionals, introduced the possibility for GHTs to acquire legal personality. The regional hospital grouping (groupement hospitalier de territoire – “GHT”) was created by law no. 2016-41 of…
On 11 May 2022, the Social Chamber of the Court of Cassation, ruling in its plenary session, handed down a long-awaited decision for lawyers specialising in employment law. Indeed, the Court of Cassation has definitively validated the Macron scale contained in article L. 1235-3 of…
Provided for by the ELAN law of 2018, the Environmental Regulation 2020 (ER2020), applies, with a few years’ delay due to the health crisis, since 1 January 2022 and gradually. The ER2020 is the successor to the TR2012 (2012 thermal regulation). As its name suggests,…
Certification of local hospitals / Restructuring of the territorial health professional communities (CPTS) / Relaxation of the status of multi-professional health centres / Restructuring of authorisation law / Development of secure digital health services In view of the ageing population, the need to treat chronic…
In a decision of 30 December 2020, the First Chamber of the Council of State had the opportunity to confirm that although medical and educational actions in favour of disabled children constitute a mission of general interest, the private management organisations providing them are not,…
The exclusion of guarantee clause must be formal, precise and limited and shall not be subject to interpretation Court of Cassation, Second Civil Division, 26 November 2020 (Appeal no. 19-16.435) – Published An exclusion of guarantee clause, insofar as it does not refer to precise…
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