The Controversy Surrounding the Termination of Contracts of Indefinite Duration

The judgments published in Bulletin relating to the mandate are not legion. Thus, any ruling that explores its contours is of interest to practice, using this “contract with a thousand faces” very strongly (F. Collart Dutilleul and P. Delebecque, Civil and commercial contracts11^e ed., Dalloz, coll. “Precise”, 2019, p. 553, no. 621). Among the difficulties arising from the texts of the civil code governing the question, we know the very particular rule deviating from the common law of article 2004 of the civil code according to which “The principal can revoke his power of attorney whenever he sees fit and force, s where applicable, the agent to hand over either the private writing which contains it, or the original of the power of attorney, if it was issued as a patent, or the copy, if one has been kept minute “. The trial judges sometimes tend to deviate from the consequences of such a provision by returning to the common law of the termination of contracts of indefinite duration. The judgment rendered on October 4, 2023 by the Commercial Chamber makes this clear through a cassation for violation of the law that is as severe as it is justified.

At the origin of the appeal, we find an association which entrusts to a company the communication and advertising of the famous national flea market and ham fair of Chatou which takes place twice a year. The initial contract was concluded in 1979. But on November 21, 2013, the association notified the communications company of the termination of the mandate. The latter summons his principal before the competent court for compensation for his damage. During the proceedings, the agent company is placed in receivership. The association therefore called on the manager of the company as a guarantee after the continuation plan of its former economic partner, a plan adopted on October 26, 2016. On appeal, the trial judges declared the rupture of the contractual relationship to be brutal in retaining that the unilateral termination of a contract of indefinite duration can only take place if the notice period chosen is reasonable. However, the letter of November 21, 2013 does not specify reasons and does not provide for notice according to the Paris Court of Appeal in its judgment rendered on January 28…