The goodwill is all the movable property allocated to the operation of a commercial enterprise.
The goodwill is restricted to movable property, and does not include buildings. Claims for sums of money are also not included in the goodwill. The goodwill therefore does not include all the property and assets of the business, but only the movable property that is assigned to the business. It is therefore the movable property of the company without this constituting an appropriation heritage, neither the receivables nor the debts being included in the goodwill. The goodwill does not include all the assets of the company
The factor of unity of the elements of the business is the clientele, which is also the condition of the existence of the business.
The notion of goodwill is a specific conception of French law. It is linked to a financing technique where the customer base is a valuation factor for the company beyond the value of the assets held by the company. The goodwill responds to a technique of financing by pledging the goodwill and to a technique of transmission of the company by the sale of the goodwill. As a security, we can compare the pledge of goodwill to the ” floating charge”common law. The concept of goodwill is useful for local retail trade. It can be considered that in the context of other companies and in particular large companies, the clientele is attached to the brands, signs and the company name, and its value included in the value of these intangible assets and also to the client files.