The purchaser of a business who

Application pratique:

The Court of Cassation ruling means Sophie cannot later add a fraudulent concealment claim on appeal to the highest court. She must raise all possible legal grounds—including fraudulent concealment—right from the first instance to avoid losing the right to argue them. She should immediately consult a lawyer to amend her initial claim before it is too late.

Application pratique:

Because Marc only argued error in the lower court, he cannot introduce a new claim of fraudulent concealment before the Court of Cassation. To prevent this, he should have included all possible causes of nullity—such as fraud—in his original lawsuit. Now, he needs a lawyer to assess if he can still amend his claim at trial or if it is procedurally barred.

Application pratique:

Under this case law, Camille cannot later raise fraudulent concealment on appeal to the Court of Cassation if she did not include it in her initial lawsuit. She must act now to amend her claim before the first judgment is rendered, ensuring all relevant legal theories—especially fraud—are considered to maximise her chances of annulling the sale and obtaining damages.