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The concept of commercial domicile under French law
By Yasmine EDDAM16 April 2025The commercial domicile is a fundamental concept in business law. This concept, absent from legislation but omnipresent in practice, raises crucial legal issues for entrepreneurs and companies. The official location of commercial activity determines the jurisdiction of the courts, tax obligations and the rights of creditors. Understanding its specific features can help to avoid mistakes with sometimes costly consequences. The principle of unity of domicile and its exceptions According to article 102 of the French Civil Code, domicile is defined as "the place where any French person has his or her principal place of business". In theory, this text applies to everyone, including traders. Case law has deduced from this a principle of unity of domicile. The Court of Cassation ruled that a person could not have more than one domicile (Req. 1 Feb 1911). This apparently simple rule does, however, give rise to practical complications. How do you deal with an individual who has business relations in several different centres of interest?
Domiciliation in residential premises: legal framework
Domicile, Commercial, business and competition lawThere are precise rules governing the domiciliation of a company in residential premises. This is a common choice for start-up entrepreneurs, and must comply with a strict legal framework. Understanding the conditions and limits can help you avoid costly disputes. Preconditions for domiciliation in residential premises Domiciliation in residential premises requires...Collective domiciliation: obligations and responsibilities
Domicile, Commercial, business and competition lawCollective domiciliation allows several companies to share the same business address. This regulated arrangement is subject to strict rules. The obligations of the parties and the penalties for non-compliance are clearly defined by law. Collective domiciliation Collective domiciliation is an agreement...How to choose your business address: comparative analysis
Domicile, Commercial, business and competition lawChoosing the right domiciliation will determine the credibility and operation of your business. Each option meets different needs. Whether you are a sole trader or a company, you need to assess your priorities before deciding. The domiciliation options available There are three main ways of domiciling a business. Domiciliation at your own home The entrepreneur or...Commercial domiciliation: complete legal guide
Domicile, Commercial, business and competition lawA company's commercial address determines its rights and obligations. This initial choice has an impact on its credibility, taxation and legal relations. Mastering this legal framework protects entrepreneurs from risks that are often underestimated. Legal foundations of commercial domiciliation Commercial domiciliation refers to the place where a company establishes its registered office...