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Commercial Law

Commercial Act

  • No definition
  • L.310 Article of the Commercial Code
    • list of acts that are considered "commercial acts" (not exhaustive) + extra conditions
  • Presume to be a TRADER (unless proven otherwise)
  • Divided in:
    • acts by nature: is in the list of L.310-2
    • acts by form: is not in the list of L.310-2 but has the features of a commercial act (case law)
    • acts by accessory: is not in the list of L.310-2 but is necessary to a commercial act (case law)

Features of a commercial act

  • Make a profit (directly or indirectly)
  • Repetition of the act (usual act)

Trader

Trader: Article L.121-1 of the Commercial Code
Whoever carries out any commercial acts and does it as a primary activity.

If:

  • Contract is in the list
  • Make profit
  • Act is repeated/usual

Then:

  • Trader
  • Full financial responsibility & liability (no limited liability => PRIVATE ASSETS)
  • Must register to AUTHORITY and PROFESSIONAL ASSOCIATION

All practice commercial acts:

  • Traders: intermediairies, sales, brokers, etc...
  • Liberal professionals: lawyers, doctors, etc... (sell a service)
  • Artists: create and sell their products

They all have DIFFERENT administrative and fiscal obligations BUT SAME civil and commercial obligations.

Trader Definition Trader Definition

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