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

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.