Mercantil - contratos

Artículos Recientes

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  13/05/2024

  South Africa

  An overview of the proposed JSE Market Segmentation Project

  IntroductionThe Johannesburg Stock Exchange (the "JSE") has seen an uptick in delisting transactions across various sectors in recent years. Various reasons have been cited as driving this trend, including the cost of compliance associated with being listed on the JSE. On 18 April 2024, the JSE published a notice announcing various proposed amendments to the JSE Listings Requirements ("Listings Requirements") as part of their market segmentation project. It appears that these proposed amendments are aimed at reducing the legal and administrative requirements imposed in connection with certain corporate...

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  07/05/2024

  Alemania

  Obligation to include a "No Russia clause" in supply agreements

  For some export transactions, re-exportation to Russia must be contractually prohibited. Model clauses present conflicts with German law on general terms and conditions.Companies must keep abreast of the sanctions against Russia, especially when it comes to export transactions, and as far as possible prevent any attempts by their customers to circumvent these sanctions. Companies have been aware of this for a long time. What is new, however, is that since 20 March 2024, companies are legally required to explicitly prohibit re-exportation to Russia or re-exportation for use in Russia in...

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  15/04/2024

  England and Wales

  Marks and Spencer secures quashing of Secretary of State’s decision to refuse planning permission

  The recent judgment of the High Court in Marks & Spencer Plc v Secretary of State for Levelling Up Housing and Communities [2024] EWHC 452 (Admin) has received a lot of attention given its implications for the repurposing and reuse of existing buildings. The case concerned proposals by Marks & Spencer (“M&S”) to demolish their existing store on Oxford Street, London and to replace it with a nine-storey mixed use office and retail store, including a restaurant and a gym.The case was brought by M&S against the Secretary of State (“SoS”) following his decision...

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  21/03/2024

  United Kingdom

  Proposed UK consumer legislation now clamps down on drip pricing and fake reviews

  The draft Digital Markets, Competition and Consumers Bill (the “DMCC Bill”) has recently been amended (on 13 March 2024) following the Report stage in the House of Lords to include measures that prohibit drip pricing and address fake and misleading reviews. The 3rd reading in the House of Lords will take place from 26 March 2024. The updated DMCC Bill now includes prohibitions on drip pricing, a practice that involves adding unavoidable hidden fees to the advertised price of a product or service. As the Government notes, drip pricing can mean consumers are ‘baited’...

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  05/03/2024

  Middle East

  CMS guide on the new KSA Civil Code – Fourth Edition - Commercial Contracts

  Further to our recent introductory articles on the general principles of contract law available here); construction law (available here) and corporate transactions (available here); we have continued with our assessment of Royal Decree No. M/191 (the “Civil Code”), this time focusing on those chapters applicable to the technology and media sector.Set out below is a summary overview of the key provisions of the Civil Code relevant to commercial contracts in general terms, across various sectors which are supported by CMS including technology and media. Elements of ContractThe Civil...

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  02/02/2024

  United Kingdom

  TCC upholds exclusion of liability for fraudulent breaches of contract

  A recent TCC decision has decided that a generally worded exclusion clause was sufficient to exclude liability for fraudulent breaches of contract committed by a party’s employees or the party itself. The Court also concluded that the clause satisfied the reasonableness requirement under the Unfair Contract Terms Act 1977 which applies where commercial parties contract on standard terms. The Court’s findings have significant implications for the negotiation and drafting of exclusion and limitation clauses in commercial contracts generally.Excluding liability for fraud or wilful misconductGenerally...

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