Business and commercial law

Business and commercial law are branches of private law that govern economic activities and commercial relations between companies, traders, and consumers. Business law encompasses a broad set of rules governing all economic and commercial activities. Commercial law is a sub-branch of business law, more specifically dedicated to commercial acts and to traders.

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In corporate and business law (sale of a business, transfer of shares, commercial lease, formation of companies for business and family, associates' pact...), legal security is vital :
Some examples:
A notarised commercial lease is a decisive benefit for the lessor (in case of payment default, he/she can act directly, without requesting an enforcement order from the judge).
The transfer of a business by Notarised Deed provides assurance to the parties of strict compliance with legal rules and the effectiveness of the sale.(The mere oversight of stipulating specific legal obligations may render the deed null and void to both parties!)
The effectiveness of the Notarised Deed, strengthened by its enforceable force, will prevent contentious proceedings.

01

Transfer of a Business

A business is an entity of tangible (material, tools, goods) and intangible assets (leasehold rights, name, brand, patent and brands, clientele and goodwill) which, belonging to a trader or an industrialist, are grouped together by the concept of universality to enable him/her to exercise their activity.

02

Commercial Lease

A commercial lease is a rental agreement between a trader, an artisan or a manufacturer that operates a business in a premises, and the owner of those premises. It can, by express submission to the status of commercial leases, concern professional activities. The regime is codified in Articles L.145-1 et al. in the Commercial Code.


Company Statutes

The company is instituted by two or several persons who agree through a contract, to allocate assets or their industry to a company, in view of sharing the profit or benefit from the economy which it may create. Under cases provided for by law, it may be instituted by the act of will of a single person.

Transfer of a business



A business is an entity of tangible (material, tools, goods) and intangible assets (leasehold rights, name, brand, patent and brands, clientele and goodwill) which, belonging to a trader or an industrialist, are grouped together by the concept of universality to enable him/her to exercise their activity.
Due to the intangible nature of a business, its sale is usually qualified as a transfer. It is subject to specific rules (Commercial Code, Art. 141-1 to L. 141-22). The Commercial Code also defines common provisions for the sale and pledging of a business (Commercial Code, Art. L. 143-1 to L. 143-23).

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COMMERCIAL LEASE



A commercial lease is a rental agreement between a trader, an artisan or a manufacturer that operates a business in a premises, and the owner of those premises. It can, by express submission to the status of commercial leases, concern professional activities. The regime is codified in Articles L.145-1 et al. in the Commercial Code.
The status of commercial leases protects the lessee; to whom it confers a type of commercial ownership. The lessee has the right to renew their lease and may freely transfer it to their successor. Moreover, if the rent amount is freely set during the contract agreement, it is then capped upon renewal, and its review during lease is strictly regulated.

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company statutes



The company is instituted by two or several persons who agree through a contract, to allocate assets or their industry to a company, in view of sharing the profit or benefit from the economy which it may create. Under cases provided for by law, it may be instituted by the act of will of a single person.
Statutes describe the deed which gives effect to the company contract. They determine, excepting the contributions of each associate, the form, object, title, head office, share capital, duration of the company and its operating conditions.

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