“Only the clauses relating to the obligations of the seller resulting from the sale shall be interpreted against the latter."

In its judgement of 6 September 2018, the 𝐂𝐨𝐮𝐫𝐭 𝐨𝐟 𝐂𝐚𝐬𝐬𝐚𝐭𝐢𝐨𝐧 confirmed the relationship between articles 1602 and 1162 old Civil Code in interpretation discussions, specifically in the context of the representations and warranties. Indeed, these cannot be interpreted against the seller.

👉 Want to learn more about this judgement and other key Belgian M&A cases from 𝐭𝐡𝐞 𝐩𝐚𝐬𝐭 𝟐𝟓 𝐲𝐞𝐚𝐫𝐬? You can find them all here, together with our related annotations: https://lnkd.in/eAPqN3_i

📊By the way, did you know that 𝐭𝐡𝐞 𝟓𝐭𝐡 𝐞𝐝𝐢𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐌&𝐀 𝐒𝐮𝐫𝐯𝐞𝐲 (https://lnkd.in/efJUPcN7) shows that nearly all of the examined acquisition agreements contained contractual representations and warranties? We will be organizing a 𝟔𝐭𝐡 𝐞𝐝𝐢𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐌&𝐀 𝐒𝐮𝐫𝐯𝐞𝐲 this year. Leave your contact details on this form below to participate and help us find out whether this trend has continued: https://lnkd.in/eQU-ksZF

Follow along with our corporate and M&A team as we highlight more interesting case law in the coming weeks!

𝐀𝐧𝐲 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Please contact the authors (Bart Bellen | Ine Schockaert | Kristof De Wael | Karlien De Ryck | Maarten Cnudde | Charlotte Van Weehaeghe | Ward De Byser | Marthe Wouters).

#MergersandAcquisitions #Kroniek #Chronicle #Survey #mandasurvey #sharepurchaseagreements #CaseLaw #Interpretation #representations #warranties