Civil Real Estate Company, SCI, legal personality, moral person, loan capacity, minor associate, guardian judge authorization, Court of Cassation, company law, protection of incapacitated persons
Reader
Abstract
Extract
of 3
Abstract
The legal personality of a Civil Real Estate Company (SCI) and its capacity to contract a loan, even when a minor is a major associate, is examined. The Court of Cassation's ruling on the necessity of guardian judge authorization is discussed.
Extract
[...] + new theory translated from opposability to third parties. The company must be registered with the RCS to benefit from moral personality. However, in the judgment, the SCI has moral personality and this makes a screen. 2. The screen of moral personality - Here, we explain the idea of legal autonomy of the company, we must make a link with the opacity of the company + what does it mean to make a screen Transition : thus inferring a proper legal personality of the SCI and a proper capacity The SCI's own capacity to engage 1. [...]
[...] 98-13.660 - Does the loan contracted by a civil real estate company whose main associate is a minor require the authorization of the guardian judge? - Detailed Plan The TGI gives the borrower right in first instance and in appeal the Versailles Court of Appeal retains the validity of the loan. The argument is presented and it is said that it does not relate to the question Problem of law: Does the loan contracted by a civil real estate company whose main associate is a minor require the authorization of the guardian judge? [...]
[...] The possible recourse to protective palliatives for the minor See judgment of 28 September 2005 which had entered the liability of the banker who had not retained the interests of the minors of a SCI + potential clause whereby the banker could not have recourse against the minor + suretyship contract by a parent who stands as surety for the debt of the SCI + possibility of inserting clauses in the statutes of the SCI, treatment clause, the minor would be liable for a social debt only within a certain limit, it would be unenforceable against third parties + possibility of a social object clause that does not mention the subscription of a loan. The vote of the fascists would be considered as an act of disposition under the decree of 22 December 2008, but if minor, the agreement of the legal administrators (parents) is required and if they do not agree, it will be necessary to solicit the judge positioned here as a safeguard. What one observes is that the initial postulate is that the parent wants to protect their child initially. [...]
[...] Validity of the loan contract The indifference of minority the majority associate 1. The absence of necessity for a judge of guardianship authorization - This solution applies to all acts 2. A dangerous solution for the minor - As the loan is valid, the minor is jointly bound by the loan and the lender can turn against the minor, the SCI is a company with unlimited risk and here the minor in case of social debts will be considered owner of the social debt to the amount of 96%. [...]
