Trade Law
LexInter | August 26, 2002 | 0 Comments

Trade Law

French law provides for a specificity of the law applicable to trade compared to the rules of civil law which contains the rules of law applicable to persons and goods, but also the rules applicable to obligations (contracts and liability). Commercial law sometimes modifies but generally supplements the rules of civil law.

The fundamental rules of commercial law come from civil law, along with the law of obligations and the law of goods. Commercial law is made up of a series of specific institutions, relating to commercial companies, companies in difficulty, etc.

The rules concerning commercial law were first codified by the Commercial Code of 1807 then supplemented by numerous laws concerning in particular companies and what was called bankruptcy. All the rules have been the subject of a new codification intended to incorporate all the rules of commercial law into the Commercial Code.

The field of commercial law is based on the act of commerce , the one who performs acts of commerce on a regular basis being qualified as a trader. The professional patrimony of the trader is governed by the rules concerning the goodwill and the leases come under the statute of the commercial leases .

Specific rules of evidence, based on the principle of freedom of proof provided for by the Commercial Code, mark the law applicable to commercial relations which fall under the consular jurisdictions – the commercial courts – in first instance.

The Commercial Code provides for payment methods specific to commerce, commercial paper

Commercial law also encompasses the legislative rules specific to commercial contracts and commercial law groups ( commercial companies and EIGs ).

Finally, commercial law includes the rules which now fall under the terminology of business difficulties .

The ordinance of September 18, 2000 codified the legislative part of the Commercial Code.

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