Business Contracts

A sale may involve an intangible thing. A thing is said to be intangible because of its lack of materiality. However, this does not prevent it from having an asset value and from being sold . 
Thus, a work of the mind, a claim, a domain name, a software program, a company share, a customer base, an administrative authorization, a trademark, greenhouse gas emission quotas , cryptoassets or NFTs  ar …

Intangible thing

A sale may involve an intangible thing. A thing is said to be intangible because of its lack of materiality. However, this does not prevent it from having an asset value and from being sold . 

Thus, a work of the mind, a claim, a domain name, a software program, a company share, a customer base, an administrative authorization, a trademark, greenhouse gas emission quotas , cryptoassets or NFTs  are all intangible assets that can be the subject of a sales contract.

In the case of intellectual works, it is possible to transfer the economic rights, i.e. right of representation and reproduction , but not the moral rights, which consist of respect for the author's name, status and work . 

A business also constitutes an intangible asset , itself made up of tangible and intangible movable assets that the trader brings together and assigns to his commercial activity. Governed by Articles L. 141-2 et seq. of the Commercial Code, the transfer of goodwill includes the intangible elements of which it is composed, such as clientele, distinctive marks, intellectual creations, leasehold rights, receivables and debts, as well as licenses and administrative authorizations. Thus, it is now possible to transfer a clientele, an intangible item, on the occasion of the disposal of a private practice, and on condition that the customer's freedom of choice is safeguarded .

Cass. 3e civ, 16 September 2009, LawLex202200000959JB.

Environmental Code, Art. L. 229-5 et seq.

Cass. 1re civ, 7 December 2000, LawLex202200000044JBJ.

Business Contracts

15. Intangible thing

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

15. Intangible thing

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise