BANKRUPTCY OF INDIVIDUALES IN FRENCH LAW Cover Image

СТЕЧАЈЕВИ ФИЗИЧКИХ ЛИЦА У ФРАНЦУСКОМ ПРАВУ
BANKRUPTCY OF INDIVIDUALES IN FRENCH LAW

Author(s): Ranko Vulić, Jadranka Petrović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, International Law, Law on Economics, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: bankruptcy of an independent businessman; bankruptcy; personal bankruptcy as a professional sanction; civil bankruptcy (consumer bankruptcy);

Summary/Abstract: In French law, there are four types of bankruptcies of natural persons: Bankruptcy of independent entrepreneurs (artisans, farmers and members of liberal professions). This type of bankruptcy is governed by the same rules as the bankruptcy of commercial companies, the French Commercial Code. Another type of bankruptcy is the bankruptcy of responsible persons in the bankruptcy proceedings of a liquidated company and an independent entrepreneur as a criminal sanction prescribed by the provisions of the French Commercial Code. The third type is personal bankruptcy as a professional sanction imposed during or after bankruptcy proceedings against an independent entrepreneur, or a responsible person (de facto or de iure) in a legal entity, due to negligent business or punishable actions (fraudulent use of funds that cause harm to others, payments despite insolvency, fictitious accounting, etc.) or due to the mere fact that the company does not pay its debts. This type of bankruptcy is also regulated by the provisions of the French Commercial Code. The fourth form is civil bankruptcy (consumer bankruptcy), i.e. natural person who does not belong to the mentioned categories. It is regulated by the provisions of the French Consumer Code.

  • Issue Year: 2017
  • Issue No: 39
  • Page Range: 125-143
  • Page Count: 19
  • Language: Serbian