This document explains the concept of patrimony and legal person in the context of business law, including the risks and guarantees associated with individual entrepreneurship.
Extract
[...] The main residence and other real estate assets remain seizable by personal creditors ? The asset is therefore no longer worth the value of the liability The establishment of a dedicated estate We go against the classical theory. In this approach, one person can have several estates: a personal estate (pledge of only personal creditors) and a professional estate (pledge of professional creditors). The individual entrepreneur is therefore in EIRL (Limited Liability Individual Enterprise) Why does the PACTE law push for using an EIRL? [...]
[...] a real security relates to a good. There are 3 types : the mortgage (when the secured good is an immovable property), the pledge (when the good is a movable property) and the pledge (when the secured good is a movable or immovable incorporeal property) II) The classical theory of patrimony This theory dates back to the second half of the 19th19thcentury. It is the civil law theory of Aubry and Rau who have a subjective conception of patrimony attached to a person). [...]
[...] heritage is something tangible (we therefore exclude from heritage extra-patrimonial rights relating to a person but not the rights relating to goods) + managed by an external physical person in case of incapacity. In 2008, the Henri Capitant association proposed a new drafting of Book II of the Civil Code dedicated to property and undertook to define certain notions such as heritage: 'the heritage of a person is the universality of law comprising all of their assets and obligations, present and future, the assets corresponding to the liabilities. [...]
[...] Ex: a plot of land, a building, a tree?), immovable goods by the object to which they apply (rights on immovable goods. Ex: usufruct) The Heritage as a Guarantee for Creditors Art 2284 of the Civil Code: "Whoever has personally bound themselves, is obliged to fulfill their commitment on all their movable and immovable assets, present and future" ? the heritage allows to guarantee the payment of a claim. Therefore, there is a general pledge right for the unsecured creditor ordinary creditor, in opposition to the privileged creditor who holds a security) Securities A security is a specific guarantee granted to the creditor by a contract, by law or by the judge. [...]
[...] Their theory is based on a principle of unity of the patrimony person can, in principle, not possess more than one patrimony). However, there is an exception to this principle in the case of patrimony of dedication (cf III) III) The modern theory of patrimony An individual entrepreneur (in the classical theory) will only have one patrimony. In his patrimony, we can therefore find a personal and professional asset as well as a personal and professional liability. As a result, the individual entrepreneur could lose a personal asset due to a professional liability. [...]
