French law II. Legal entities

A legal person is a group with legal personality.

A. Legal persons under public law

1. Legal persons under public law

Legal persons governed by public law are groups with legal personality for the legal personality with a view to satisfying the general interest.

The State, local authorities, public establishments, professional orders and public services professional associations, public services are legal entities under public law.

2. Legal entities under private law

Legal persons under private law are groups with legal personality for the satisfaction of legal personality for the purpose of satisfying private interests.

There are

—profit-making groups: companies;

—non-profit organizations: associations, congregations’

—and groups of goods: foundations, which allocate goods, rights or resource rights or resources on a permanent basis for a work of general interest.

3. Legal entities of mixed law

Legal entities are groups of public law that come under private law, or groups of private law that come under private law, or groups of private law that come under public law.

They include EPICs, public industrial and commercial establishments, such as the SNCF and the such as the SNCF and the RATP. This is also the case for nationalized banks.

B. The regime for legal persons

1. The creation and dissolution of legal persons

There are three procedures for creating a legal person

—a contract (companies and associations)

—a unilateral declaration of intent (foundations, limited liability companies limited liability company, simplified joint stock company)

—a State decree

2. Identification of legal entities

Legal entities have a name which they are free to change.

They also have a domicile, called the registered office, which determines which court has jurisdiction.

They also have a nationality, depending on the location of the location of the registered office.

3. The rights and characteristics of legal persons

Legal persons have a specialty, that is to say that they are created for a particular activity and their legal personality is and their legal personality is only recognized in relation to this specialty.

Legal persons have rights and obligations.

They have a capacity of use, and can constitute an
asset. In principle, there is the autonomy of the patrimony.

They can act in justice and defend their rights, but are responsible for their acts responsible for their actions. However, they do not have the capacity to exercise their rights:
they act only through representatives.

Legal persons have a limited capacity compared to natural persons: they have fewer
persons: they have fewer rights, they are unequal among themselves, and they can be reduced.

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