Commercial law
Unpaid debts, debt collection, bankruptcy, force majeure, unforeseen circumstances, suspension of payments, contractual non-performance, breach of contract, sudden termination of established commercial relations, shareholder and management liability, unfair competition… A commercial lawyer from Cabinet Goldwin is a renowned partner in assisting companies and merchants.
What is commercial law?
Commercial law is part of private law. It is part of business law, and governs the practice of the commercial profession. It also defines the legal regime applicable to commercial acts and operations.
Commercial law deals with relations between private individuals and corporate entities. It includes a great deal of tax law, but on the whole commercial law is privatized.
From the outset, commercial law has been the law of merchants. It establishes all the rules that apply to merchants in their dealings with each other, but also in their dealings with third parties.
There are two branches of commercial law: economic law and business law.
Commercial law and economic law:
- Economic law applies to all economic activities. Commercial law is therefore part of economic law, but the reverse is not true. On the other hand, economic law encompasses commercial law.
- Economic law is all state intervention in the economic sphere.
Commercial law and business law:
- Business law encompasses commercial law, but is broader than the latter. More broadly, business law is the body of knowledge required by a lawyer. Commercial law is therefore a part of business law.
- As a branch of private law, commercial law is indispensable to every entrepreneur. A thorough understanding of the principles of commercial law helps to protect the merchant vis-à-vis third parties, and secures their contractual relations.
- A manager who knows the rules of commercial law is more likely to forge lasting partnerships and grow his business faster. In the context of international relations, they are able to implement reliable investment strategies.
In principle, business law is made up of different subjects:
- Compulsory subjects :
– law relating to assets used in economic activity
– competition law
– commercial company law
– law of payment and credit instruments
– insolvency law. - Non-compulsory subjects :
– banking law
– insurance law
– transport law
– public economic law
– business criminal law
– intellectual property law.
TEAMS
Our trade lawyers
Why consult a trade lawyer?
Complex legal standards are multiplying at French, European and international level. Every merchant needs to be familiar with them, as they govern the legality of his or her business. Faced with this complexity, legal specialists are called in to help with disputes or when setting up a new business activity. No company director or merchant can keep up to date with changing laws, decrees, regulations, court rulings and so on. Everyone has a role to play in the success of their business. Yet commercial law governs virtually every operation carried out by a company.
Business players need reliable legal answers that meet their needs. They need to know at all times whether they are acting lawfully regarding their suppliers, customers, partners and competitors. Legal rules are becoming increasingly restrictive for businesses. They are evolving in a globalized, digitalized market that they do not always master. A commercial lawyer at your side brings confidence, security and assurance.
VSBs, SMBs, CISs, start-ups or large multinationals, each has different needs. We alert our clients to the risks and pitfalls of a given activity or product or service launch. We anticipate future needs and risks by drafting appropriate contracts and clauses. We support the most complex commercial transactions in Paris and throughout France, as well as internationally.
We advise and litigate on behalf of retailers, small, medium-sized and large companies.
Skills
Our lawyers work in these areas:
The Goldwin law firm, headed by Maître Jonathan BELLAICHE, works alongside companies, both in negotiating and drafting the various legal documents required for their activities, and when they encounter litigation problems.
The firm supports and advises its customers at every stage of their business activities. When it comes to contractual business relationships, our lawyers can offer you their expertise in :
- Structuring your company’s legal entity.
- Drafting and negotiating contracts: service provision agreements, subcontracting agreements, partnership agreements, business provider agreements, confidentiality agreements, distribution agreements, franchise agreements.
- Set up general terms and conditions of sale or general terms and conditions of purchase for your offline or e-commerce business.
- Negotiate a commercial lease or takeover of a business.
- Resolve a dispute through arbitration.
- Resolve a commercial dispute.
Service
What is the role of a commercial lawyer?
He or she participates in and safeguards the company’s various commercial activities. His expertise in private law is broad enough to cover business law, competition law and franchise law.
Business development and legal compliance
The creation, operation and development of commercial activities are taking place within an increasingly complex legislative framework. These activities therefore require professional legal assistance and effective advice, capable of guaranteeing the company optimum legal security.
Business activities, disputes and litigation
In the event of difficulties, it is essential to react quickly. If necessary, you need to decide on the litigation strategy best suited to your needs.
The Goldwin law firm can help you define this strategy and represent you in litigation before the relevant courts. Always with a view to safeguarding and protecting your company’s interests.
For example:
When, despite several reminders, a debtor persists in failing to pay, the use of a lawyer is an alternative that often proves decisive in the recovery of this debt. Indeed, the lawyer’s status gives him or her the legitimacy needed to resolve the dispute quickly. This status also implies the risk of a judicial evolution of the collection procedure, which will be more costly for the debtor.
The firm assists and advises companies in their debt collection actions, whether amicable, pre-litigious or contentious.
A lawyer specialized in commercial law provides a legal framework for your company’s relations with third parties. He secures negotiations and guarantees respect for shareholders’ rights.
A commercial lawyer is an important ally when drawing up a commercial contract, but also when defending against unpaid invoices.
The range of services offered by a commercial lawyer is very broad:
Contract drafting
A commercial lawyer negotiates and drafts commercial contracts, including distribution and franchise agreements. He or she secures the company’s commercial operations by anticipating future disputes. This is the role of the contract that will be put away in a drawer until the situation deteriorates with a business partner.
Our business law firm drafts online and offline general terms and conditions of sale, as well as franchise, selective distribution and exclusive distribution agreements, in France and abroad.
Last but not least, our commercial lawyers also draw up all day-to-day business contracts: sales contracts, mandate, loan offers, insurance contracts, supply contracts, service contracts, subcontracting contracts, etc.
All commercial transactions give rise to legal rights and obligations:
- commercial transactions by their very nature: purchase and sale of goods, brokerage or insurance transactions, transport operations, etc.
- incidental commercial acts: purchase of professional equipment or materials, purchase of a company vehicle, etc.
- and even acts of commerce by form: bills of exchange, etc.
Commercial leases
As an expert in commercial law, we are involved in the transfer or acquisition of any business, leasehold rights, management leases, etc. Procedures for the transfer of a business are subject to special formalities for notifying third parties, in particular the seller’s creditors, tax authorities and public bodies. We advise merchants on the best way to proceed.
Our firm has extensive expertise in corporate real estate law. The negotiation of commercial leases, their execution over time and their renewal are all part of the lawyer’s remit. We also act in the event of judicial or amicable termination of a commercial lease.
What to do if the business buyer’s approval clause is not respected? How do you deal with a change of unauthorized business activity? What about subletting a commercial lease?
Commercial litigation
Our firm can assist companies with debt declarations, debt recovery or foreclosure statements. We can also intervene in all commercial disputes during hearings before the juge-commissaire.
A lawyer can also be called in to assist with the reclamation of goods sold with a retention-of-title clause, or with the sequestration of the sale price.
At the frontiers of commercial law, our firm also assists companies in taking action against counterfeiting or unfair competition. All acts involving the contractual or tortious liability of the company, as well as the civil or criminal liability of its directors.
In the same way, a commercial lawyer intervenes in cases of abusive termination of established commercial relations. He handles disputes between partners and any litigation with a partner, employee or associate.
They are also qualified to assist their clients before the Commercial Court. The lawyer is a valuable ally when the company is experiencing difficulties, insolvency proceedings, suspension of payments or compulsory liquidation.
One of our commercial lawyers registered with the Paris Bar can also be consulted in matters of surety and banking law.
Managing unpaid debts
Debt collection and the management of unpaid bills are crucial to any commercial activity. Poor cash flow can lead to the loss of a business. Commercial law lays down numerous rules on invoicing and payment.
A commercial lawyer will check that your invoices are correct, put debtor customers on formal notice and, if necessary, proceed with debt collection. After an unpaid reminder procedure, the legal system may intervene. To avoid this, we can provide payment guarantees such as surety bonds.
Up to 4,000 euros, there’s no need to apply to the commercial court! Your lawyer contacts a bailiff who issues a writ of execution. It’s quicker and simpler than legal debt collection.
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