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Immobilier commercial
Acquisition of a business: legal steps
The acquisition of a business represents a major investment that requires rigorous legal support. The complexity of this transaction and its patrimonial issues require the use of a legal professional to secure each step of the process.
Immobilier commercial
Legality of the clause obliging the parties to call the lessor to the deed of assignment
Do not constitute a prohibitive clause, leading to prohibit any transfer, within the meaning of Article L145-16 of the Commercial Code, the stipulations according to which the lessor will be called upon to any transfer of goodwill.
Immobilier commercial
Assignment of goodwill in fraud of a creditor's rights
The Paulian action, organized in Article 1341-2 of the Civil Code, makes it possible to make unenforceable the transfer of goodwill having the effect of transferring it by replacing it with a sum of money more difficult to seize, and depriving the creditor of the faculty to assert his rights.
