Commercial Law Acts of Commerce

Extract

[...] The commercial court of the defendant's domicile (Lyon) is competent. Case The company Electro+ specializes in the sale of household appliances and its headquarters is in Nantes. It sold a refrigerator to Mrs. Durand who is a consumer. The refrigerator was sold for an amount of ?1200. Three months after the purchase, it breaks down. The company Electro+ disputes Mrs. Durand's claim and invokes a clause in the sales contract that stipulates the exclusive jurisdiction of the Paris Commercial Court in the event of a dispute. [...]

[...] Occasionally, he rents one of the trucks to a farmer friend. An accident occurs during a transport, the client of Thomas refuses to pay the agreed price citing a delay in delivery. Question Qualify the transport activity and the rental activity The transport of goods is a commercial act by nature. The acts performed by a merchant for the needs of his business are commercial by accessory. The main transport activity is commercial. The occasional hiring of the truck is commercial by accessory. [...]

[...] However, if delivery took place in France, French courts may be competent. In terms of material jurisdiction, since Sophie is an artisan (non-commercial), jurisdiction falls to the judicial court. The French judicial court may be competent if delivery took place in France. Case JP (Bordeaux) is a winemaker and regularly sells his wine production to merchants. For the payment of a significant amount, the merchant gives him a letter of exchange for an amount of ?15,000, which is drawn from a company. The letter of exchange is due in 90 days. [...]

[...] He therefore performs commercial acts by nature. He has the quality of a merchant. Paul sells vegetables from his own agricultural exploitation. This activity falls under rural law and retains a civil character. Marc's activity is commercial. Paul's is civil. The contract between them therefore constitutes a mixed act. Question Which courts are competent to hear these disputes? In the case of a mixed act, the non-businessman has an option for jurisdiction: he can bring the case either to the judicial court or to the commercial court. [...]

[...] He is one of Marc's suppliers. A dispute arises over a defective delivery. Meanwhile, Paul contests an unpaid invoice by Marc and wishes to take the matter to the commercial court. Question Do all these activities constitute commercial acts and why? According to Article L.110-1 of the Commercial Code, acts of buying goods for resale are commercial by nature, as well as restaurant activities. On the other hand, agricultural activity remains civil, even when it involves selling products from its own exploitation. [...]