L’entreprise individuelle sans risque et le patrimoine d’affectation: le miroir aux alouettes ?

Anne-Sophie Courtier
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Anne-Sophie Courtier: NEOMA - Neoma Business School

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Abstract: The theory of the unicity of patrimony is highly used in French law but its application causes however huge difficulties. Due to an indivisible and unique patrimony, creditors can seize all goods, which represent a legal risk for entrepreneurs. The theory doesn't allow a division of the patrimony. In a legal perspective, the legislator has to compose with legal structures or to propose new models. The patrimony of affectation is one of these models proposed as remedy of legal risks. The purpose of this article is to offer a critical of the patrimony of affectation through the analyze of trust on one side and the analyze of individual entrepreneur's situation on the other. The first section discusses the growth and consecration of the patrimony of affectation by highlighting the defects of the first theory of patrimony. The second section deals with the resistance of the theory of patrimony face to this new model which is nevertheless not so efficient.

Keywords: Legal risk; patrimony of affectation; individual entrepreneur; Patrimoine d'affectation; entreprise individuelle; risque (search for similar items in EconPapers)
Date: 2014-08
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Published in Revue management & avenir, 2014, Numéro 74, pp. 145-158. ⟨10.3917/mav.074.0145⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-01154332

DOI: 10.3917/mav.074.0145

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