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Commercial Law — The concept of business ("commerce") — What is a trader (“commerçant”)?

Date Citation Note
05.04.1965 Com. Bull. 1965 III N° 256 Pourvoi n° 60-12.855 Case Leglise v. Chambart A person who habitually carries out business transactions (“actes de commerce”) is deemed to have the status of trader (“commerçant”). Many consequences flow from the possession of this status, such as the obligation to register in the Commercial Registry, the possibility of being declared insolvent, the obligation to submit to the jurisdiction of the Commercial Court, the possibility of concluding valid arbitration agreements, the application of different standards of proof before the courts, the possibility to benefit from the protection of the law relating to business tenancies, etc. The finding of the existence of this status is therefore of great impact. This case concerns a person, found to be insolvent, who claimed that, not being a trader, this was not possible. The Court held that the findings of the court of appeal showed that he had, in fact, habitually carried out business transactions. The case shows the kind of facts that establish this.