Company law, individual enterprise, corporate enterprise, EURL, EARL, SASU, legal person, moral personality, commercial code, civil code
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Abstract
Understanding the fundamentals of company law, including individual enterprises and corporate enterprises, and the classification criteria for different types of companies.
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[...] Book I - Of Commerce in General (Art L110-1 to L154-1) - Title IV - Of the Business Assets ? Book I - Of Commerce in General (Art L110-1 to L154-1) - Title V - Of the Protection of Business Secrets ? Book VI - Of the Difficulties of Enterprises - Texts applicable to each form of company : ? Book I - Of Commerce in General - Title II - Chapters IV and VI ? Book II - Of Commercial Companies and Economic Interest Groupings (Article L210-1 to L253-1) D. [...]
[...] ) and organizes the conditions of their existence. The moral person exists if it is constituted by the will of one or more persons to create it and can be subject to certain formalities (registration in the Trade and Companies Register, deposit of statutes for trade unions . ) to be recognized. The recognition of moral personality allows the acquisition of a legal personality which has as a consequence the grant of rights and obligations (notably the right to act in justice, the capacity to contract). [...]
[...] 526-22 of the Commercial Code resulting from Law No. 2022-172 of February in favor of independent professional activity. You will try to come up with a new definition of the individual enterprise that takes into account this reform. You can consult the following article to help you: M. Buchberger, 'The new status of the individual entrepreneur: a deceptive advance', Rev. societies 2024, p (Dalloz database). 2°) The Societal Enterprise (or Enterprise in Society) One might think that the distinctive feature of companies - compared to individual enterprises - lies in their collective nature. [...]
[...] Didier (Treatise on Commercial Law, Vol The Enterprise, PUF, ed. 1999), "The individual enterprise is that of a person who operates it alone and without sharing. In French law, it is identical with the person and the assets of the entrepreneur to whom it belongs, who responds to it on all his goods, movable and immovable, present and future, in accordance with common law". Exercise 1 - First, explain this passage by relying on the reading of articles 2284 and 2285 of the Civil Code. [...]
[...] The link with general commercial law The individual enterprise Exercise n°1: Classic definition of P. Didier According to P. Didier, the individual enterprise is confused with the person so that the entrepreneur must engage their own movable and immovable property to pay their creditors. According to Professor Didier's definition, the individual enterprise coincides with the physical person who constitutes this enterprise and this physical person therefore engages their assets for the debts of their enterprise, this definition reveals the absence of a strict separation between the moral person of the individual enterprise and the physical person of the individual entrepreneur. [...]
