Merchant Status and Commercial Capacity
Explanation
The Code of Commerce determines the categories that are subject to commercial duties and those that are exempted from them. It also clarifies the provisions of commercial capacity (la capacité commerciale) for certain persons. This regulation aims to facilitate business and clearly define responsibilities.
Individuals who practice a small trade or a simple craft are exempted from some harsh obligations. The exemption requires that the general expenses of these businesses be minimal. This includes the itinerant vendor, the daily vendor, and anyone who carries out small transports on land or water.
These small merchants are not subject to the duties related to keeping commercial books (les livres de commerce). They are also not subject to the publication rules imposed by the Code of Commerce on other merchants.
On the other hand, the law settled the issue of the commercial capacity of a married woman. A married woman has full capacity to practice commercial acts without any restrictions related to her marriage.
When practicing commerce, a married woman has the right to perform every act required by the interest of her commercial enterprise. This right gives her broad freedom in managing and developing her business.
In addition, the law established the right of a married woman to found or join commercial companies. She has the right to enter into a general partnership (société en nom collectif) or to be an authorized partner in a limited partnership (société en commandite).
Official legal articles
repeal · 1944-10-04: Open the official text
replace · 1994-11-10: Open the official text
replace · 1994-11-10: Open the official text
replace · 1994-11-10: Open the official text
Think deeper
Why do you think the legislator exempted small merchants and owners of simple crafts from the obligations of keeping commercial books and publication rules, and how is this related to the volume of their general expenses?
Flashcards
Is the itinerant vendor subject to the obligation of keeping commercial books?
No, they are exempted from the duties related to commercial books and publication rules.
What is the basic condition for exempting a simple craft from the obligations of commercial books and publication?
That it has minimal general expenses.
Does a married woman have the capacity to practice commercial acts?
Yes, a married woman has full capacity to practice commercial acts.
What are the limits of the acts that a married woman merchant is entitled to perform?
She has the right to perform every act required by the interest of her commercial enterprise.
Does a married woman have the right to enter into a general partnership?
Yes, she has the right to enter into a general partnership.
Can a married woman be an authorized partner in a limited partnership?
Yes, she has the right to be an authorized partner in a limited partnership.
Practice questions
Which of the following categories is not subject to the duties related to commercial books?
The law exempts individuals who practice a small trade, such as the itinerant or daily vendor, from keeping commercial books (Article 10).
What is the scope of commercial capacity for a married woman?
A married woman has full capacity to practice commercial acts without any additional restrictions imposed by law (Article 11).
When a married woman practices commerce, what acts is she entitled to perform?
The law gives a married woman merchant the right to perform every act required by the interest of her commercial enterprise (Article 12).
Does a married woman have the right to be an authorized partner in a limited partnership?
A married woman has the right to enter a general partnership or be an authorized partner in a limited partnership (Article 13).
Is a person who carries out small transports on water with minimal expenses subject to commercial publication rules?
Anyone who carries out small transports on land or water is exempt from publication rules and commercial books (Article 10).
Case problems
Layla, a married woman, wishes to establish a commercial enterprise and enter as a partner in a general partnership with her friend. Her friend objects on the grounds that the law prohibits a married woman from entering into general partnerships. Is the friend's objection legally valid?
Model answer
The friend's objection is not valid.
The law explicitly states that a married woman has full capacity to practice commercial acts.
She also has the right to perform every act required by the interest of her commercial enterprise.
Specifically, the law confirms the right of a married woman to enter into a general partnership.
Therefore, Layla has the right to establish her enterprise and enter into the general partnership without any legal impediment.
Self-grading rubric
Samir works as an itinerant daily vendor, selling vegetables on a small mobile cart, and his general expenses are very minimal. An inspector asked him to present his commercial books and comply with commercial publication rules. Is the inspector entitled to demand this according to the law?
Model answer
The inspector is not entitled to demand this from Samir.
The law states that individuals who practice a small trade or a simple craft with minimal general expenses, such as the itinerant vendor or the daily vendor, are not subject to the duties related to commercial books.
They are also not subject to the publication rules required by the law.
Since Samir is an itinerant daily vendor and his expenses are minimal, he is completely exempted from these obligations.