Le contrat de société en participation

Abstract : The joint-venture company cannot be analysed like a typical firm. It cannot be dissolved; it is solved or cancelled, as is any partnership agreement. Its strength, its reality, remains in the contract freely chosen by the participants, both in its elaboration and in the very organization of the firm, which consists in an intermediate situation between a classic contract and an “institution firm”. It is the application of the principle of will autonomy. In such a case, the “affectio societatis” is as close as it gets to the notion of “jus fraternitatis”, at least during the elaboration of the statutes which some authors name the “affectio contractus”. Eventually, because of this eminently contractual character, instead of joint-venture firm, should we not call it a firm participation partnership? What’s at stake here is the acknowledgment of its full contract character, as a contract named by the Civil code. The jurisprudence seems to go in that direction.
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Emmanuelle Vierling-Kovar. Le contrat de société en participation. Droit. Université de Strasbourg, 2013. Français. ⟨NNT : 2013STRAA007⟩. ⟨tel-00997288⟩

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