Topic outline

  • Introduction to French and European Business Law (chapt. 1 to 6)

    Chapter 1 Introduction to French Business Law

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    Find here the Table of contents (subject to modifications)  :

    Introduction to French and European Business Law


    Pr. D. Mainguy

    Table of contents (Version 3, subject to changes)

    Chapter 1 Introduction to French Business law

    Section 1 The origins of commercial law

    Section 2. The foundation of French commercial law

    Section 3. The transformation of commercial law

    §1. New commercial rules

    §2. New borders of business laws


    Chapter 2. Introduction to European Business law

    Section 1 The choice of an internal market

    Section 2 A market to be completed

    Section 3 Organisation of European business law

    A. Freedoms regarding the States

    B. Freedom of competition

    C. Institutions

    Applicable Texts for Chapter 2

    Chapter 3 Sources of Commercial Law

    Section 1 Sources of public origin 

    Section 2 Sources of private origin

                Applicable Texts and Cases for Chapter 3

    Chapter 4 Basics on Commercial aw

    Section 1 Actes de commerce, commercial acts

    § 1. Commercial acts by nature or purpose and commercial activity

    A Buying for resale

    B Intermediary operations

    C Undertakings

    1 - Furniture rental undertakings

    2 - Manufacturing, commission, land or water transport undertakings

    3 - Supply undertakings, agencies, business offices, auction houses and public performances

    § 2. Commercial acts by form

    A The bill of exchange

    B Commercial companies by form

    § 3. Incidental (or accessory) commercial acts

    A The objective accessory

    B The subjective accessory

    C The commercial suretyship

    § 4. Actes mixtes mixed acts

    Section 2: The regime of the commercial act

    § 1. The specificities of the commercial act

    A The birth of the commercial obligation

    B Performance and non-performance of the commercial commitment           

    § 2. Commercial justice

    A Commercial courts

    B Other methods of dispute resolution         

    1 - Arbitration

    2 - Alternative methods of settling commercial disputes

    Section 3 The trader and commercial activity

    § 1. The exercise of commercial acts as a criterion of commerciality

    A The definition of a trader

    B. Intermediaries

    § 2. Commerciality criteria

    A Speculation: a criterion of commerciality

    B The circulation of wealth

    C The undertaking as a criterion of commerciality     

    Section 4 : Access to commercial professions (non treated on class)

    § 1 Freedom of trade and industry  

    § 2 Limitations related to the person

    A. Incapacities in the civil law sense of the term

    B. Incompatibilities, prohibitions and disqualifications     

    C. The foreign trader

    § 3 Limitations related to the activity         

    A. Professional qualification requirement: Article 16 of the Act of 5 July 1996

    B. Itinerant commercial and craft activities

    Section 5: Traders' obligations (non treated on class)

    § 1 Legal publicity    

    § 2 Accounting obligations  

    § 3 Other obligations of the trader  

    Section 6 Interference between the professional status and the private status of the trader (non treated on class)

    § 1 The impact of matrimonial status on the exercise of trade

    § 2 Heritage impacts

    Section 7 « Fonds de commerce»: concepts and elements

    § 1. The concept of «fonds de commerce»

    A The clientèle (customers) and the «fonds de commerce»

    B The legal nature of «fonds de commerce»

    § 2. The elements of the «fonds de commerce»

    A Tangible items

    B Intangible elements other than the commercial lease

    § 3: Commercial Lease and Commercial Property

    A The conditions of application of the status of commercial leases

    B Performance of the lease

    C Renewal of the lease

    § 4 Transactions on the «fonds de commerce»

    A. transactions involving the transfer of fonds de commerce

    B The lease of the fonds de commerce (location gérance)

    C Security interests in the fonds de commerce


    Chapter 5 Commercial contracts: distribution operations and competition rules involved

    Section 1 Basics : Freedom of contract, binding force of contract, good faith and typology of business contracts

    Section 2 Negociation of Business contracts

    § 1 Principle of negociation (C. civ., art. 1112 and seq.)

    § 2 Agreements of the negociation

    Section 3 Conclusion of Business contracts (key points)

    § 1 Integrity of consent

    § 2 Validity of contract

    A Object : the prestation

    B Determination of the price

    C Public policy  and competition la(w

    D Public policy and international business contract

    § 3 Sanctions : nullity of invalid contract

    Section 4 Perfomance of Business contracts

    § 1 Perfomance between parties

    A. Principles

    B Good faith on perfomance

    C Hardship

    § 2 (Non) Performance regarding to third parties

    §3 Remedies to non performance

    Section 5 Termination of Business contract

    § 1 Causes of termination

    § 2 Effects of termination

    Chapter 6 Arbitration law (éléments)

    • Topic 2