All of French Company Law: ordinary law of companies and specific regime for different types of companies

Company Law (en cours)

Since a company becomes a legal entity as of the date of its registration , a person claiming to be a victim of harm caused by its behavior is admissible to sue it for civil liability. The action may be in contract or tort and the legal entity is liable for the faults committed by its bodies and must compensate the victim without the latter being required to involve said bodies as agents . Conversely, where a company that believes it has suffered harm, even if non precuniary (préjudice moral), it may sue for damages .

See, a contrario, Cass. com., 31 January 2006, LawLex202200003739JBJ, considering that a company only acquires legal personality through its registration in the RCS, so that, in the absence of existence, it cannot be recognized as the owner of the case for acts prior to the completion of this formality.

Cass. 2e civ., 27 April 1977, LawLex202200007591JBJ.

Cass. com., 15 May 2012, LawLex201200000783JBJ.

48. Contractual or tort liability