Business law exists in French society since the 18 th century now. It is a bit like an extension of commercial law which, at the beginning, concerned only those involved in commerce. While today, this term encompasses commercial activities in the broad sense, ie the entire process of marketing goods (production, processing, transport or distribution).
First, business law seeks the establishment of a solid legal functioning in order to support the long-term growth of agricultural, industrial and commercial units.
However, business law is sometimes opposed to other types of legal regimes. Indeed, business law essentially focuses on private law. The objective of which is to set rules of conduct promoting the development of economic and market activities. This is where business law differs from civil law, since the latter essentially prioritizes the protection of citizens. Here, the law wants to establish an environment ensuring the fluidity and sincerity of trade.
What are the skills of a business law lawyer?
A business law attorney should be competent throughout the life of a company. Indeed, he has the status of counsel and representative in legal proceedings. However, this title requires certain qualities and skills:Be discreet (with the obligation of professional secrecy)
As you will have understood, being a business law lawyer is not easy and requires many personal qualities and professional skills. Indeed, a business law lawyer must play on several fronts since this field is divided into several branches.
But why create a company? There are several interests:
Indeed, creating a company allows entrepreneurs to raise capital or credits in order to finance investments related to the development of an activity or necessary for the creation of a new activity.
Since it is possible to protect your assets in your company in the event of bad luck.
A company is subject to pay corporation tax and not income tax! Which is much more tax-efficient. The same applies to the sale of shares and shares in the company.
Who are the actors of a society?
Literary and artistic property. Concerns intellectual works including copyright and neighboring rights.
Industrial property. Applies on the one hand to invention patents, and on the other hand to distinctive signs such as trade marks or domain names.
Commercial law, contract and competition law
Commercial law in general prescribes several things for companies. Like, for example, keeping accounts. Then in the event of a dispute, cases relating to commercial law are brought before the commercial court
When the judgment is rendered by the court concerned, the sentenced person must, without exception, perform his obligations. Otherwise, his “adversary” can take enforcement action with the help of his lawyer specializing in business law.
The law of arbitration is an alternative to the resolution of different conflicts. That is, the parties agree to submit their dispute to an arbitral tribunal (generally composed of 1 to 3 people). Thus, the arbitrator renders his award to the parties and may impose certain conditions to be respected. In conclusion, using your arbitration law allows you to settle a dispute without going to state courts. Quite simply by appealing to an arbitral tribunal.