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.
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