PARTICIPATING COMPANY(1)
LexInter | April 17, 2013 | 0 Comments

PARTICIPATING COMPANY

Chapter III: The joint venture

Article 1871

The partners can agree that the company will not be registered. The company is then said to be a “joint venture”. It is not a legal person and is not subject to publicity. It can be proven by any means.
The partners freely agree on the object, operation and conditions of the joint venture, subject to not derogating from the mandatory provisions of articles 1832, 1832-1, 1833, 1836 (2 nd paragraph), 1841, 1844 ( 1st paragraph) and 1844-1 (2nd paragraph).

Article 1871-1

Unless a different organization has been provided for, the relations between partners are governed, as a matter of reason, either by the provisions applicable to civil companies, if the company has a civil character, or, if it has a civil character. commercial, by those applicable to general partnerships.

Article 1872

With regard to third parties, each partner remains the owner of the goods that he makes available to the company.
Assets acquired by use or reinvestment of undivided funds during the term of the company and those which were undivided before being made available to the company are deemed to be undivided between the partners.
It is the same for those that the partners would have agreed to put in joint possession.
It may also be agreed that one of the partners is, with regard to third parties, the owner of all or part of the property that he acquires with a view to achieving the corporate purpose.

Article 1872-1

Each partner contracts in his own name and is solely responsible for third parties.
However, if the participants act as partners in the sight and knowledge of third parties, each of them is bound to them by the obligations arising from acts performed in this capacity by one of the others, with solidarity, if the company is commercial, without solidarity in other cases.
The same is true of the partner who, by his interference, led the co-contracting party to believe that he intended to commit to him, or whose engagement has been proven to have turned to his benefit.
In all cases, with regard to property deemed undivided in application of article 1872 (paragraphs 2 and 3), are applicable in relations with third parties, i.e. the provisions of Chapter VI of Title I of Book III of this present document. code, or, if the formalities provided for in article 1873-2 have been completed, those of Title IX bis of this book, all the partners then being, unless otherwise agreed, deemed to be managers of the joint possession.

Article 1872-2

When the joint venture is for an indefinite period, its dissolution may result at any time from a notification sent by one of them to all the partners, provided that this notification is in good faith, and not made out of time. .
Unless otherwise agreed, no partner may request the partition of undivided property under article 1872 as long as the company is not dissolved.

Article 1873

The provisions of this chapter are applicable to de facto companies.

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