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

Company Law (en cours)

Civil partnership for allocation is governed by the mandatory public policy provisions of Articles L. 212-1 to L. 212-13 and R. 212-1 to R. 212-16 of the Construction and Housing Code, which the statutes cannot override. Their corporate purpose mainly involves the acquisition or construction of buildings, with a view to their division into portions to be allocated to partners in ownership or enjoy …

Civil partnership for allocation of buildings

BOSGIRAUD, A company for leisure housing, RD imm. 1986, 151; BOUCHET, The status of companies for the allocation of buildings for timeshare enjoyment, AJPI 1986, 471; FRANK, Civil real estate companies for timeshare enjoyment, Administrer June 1986, 3; PEISSE, A status for "multiproperty", Gaz. Pal. 1986, 1, doctr., 86; ZENATI, Allocation companies, RTD civ. 1986, 442; DESURVIRE and LECHAU, The new regulation of timeshare enjoyment, AJDI 1998, 1035; LAGARDE, Note on Law No 98-566 of 8 July 1998 (Timesharing), Rev. crit. DIP 1998, 742; PERINET-MARQUET, The transposition of the directive on the part-time use of real estate, RD imm. 1998, 591; RAYNARD, Regarding the protection of the European consumer "purchaser of a part-time right of use of real estate", RTD civ. 1998, 1004; SAINT-ALARY, The enjoyment of real estate on a part-time basis and Law No 98-566 of 8 July 1998, D. 1999, 147; MARTEL, A law for confidence... in timeshare products, RLDA Nov. 2009, 7; MORTIER, The reform of timeshare by Law No 2009-888 of 22 July 2009, Dr. sociétés 2009, repère 10; DURAND-PASQUIER, The renewal of the enjoyment of buildings on a timeshare basis: the reform of marketing contracts and the allocation company, Constr.-Urb. 2010, étude 6; MESA, The modification of the regime of enjoyment of a building by the law of 22 July 2009, AJDI 2010, 9; GASNOS, Companies constituted for the allocation of buildings for timeshare enjoyment, in Dalloz Action, Construction Law, 7th ed., 2018/2019, No 504.00 s.

Civil partnership for allocation is governed by the mandatory public policy provisions of Articles L. 212-1 to L. 212-13 and R. 212-1 to R. 212-16 of the Construction and Housing Code, which the statutes cannot override. Their corporate purpose mainly involves the acquisition or construction of buildings, with a view to their division into portions to be allocated to partners in ownership or enjoyment. Consequently, these companies may resort to construction leases . The subscription of shares that entitle the holder to the allocation in ownership or enjoyment of residential buildings is subject to a withdrawal or reflection period for the non-professional purchaser, as provided in Articles L. 271-1 and L. 271-2 of the Construction and Housing Code. This protection is instituted exclusively for the acquisition of a residential building, and not for a mixed-use building intended for both residential and commercial use .

Article L. 212-2 of the Construction and Housing Code provides for the establishment, before the commencement of work or entry into enjoyment, of a "descriptive statement of division" and a "regulation of enjoyment," as well as the alignment of the statutes. The descriptive statement of division allocates the assignment of the premises to each associate based on the shares held, while the regulation organizes the management and maintenance of the building as well as the conditions of its enjoyment.

The partners of civil partnership for allocation hold rights that are exercised over the company's property, namely the exclusive enjoyment of a part of this property and the entitlement to its allocation in ownership at the end of the partnership. The right of enjoyment that the partners benefit from exists even before the distribution of the property and must comply with the descriptive state . In return, the partner has the duty to use the premises in accordance with their intended purpose and to carry out rental repairs. This right has a movable character not enforceable against third parties, so that the company's creditors can seize and sell the property. The allocation in ownership can only occur during the distribution of the assets of the civil partnership for allocation, which most often results from the dissolution of the partnership.

Alongside the civil partnership for allocation, Law No 86-18 of 6 January 1986 created another corporate form to develop leisure real estate investment: the civil partnership for the allocation of buildings for timeshare enjoyment. This allows for the joint purchase of a secondary residence located in tourist areas where full ownership is difficult to achieve. Each partner benefits from an occupancy period based on their contributions to the share capital. Like civil partnerships for allocation, it grants its partners only a right of enjoyment over the unit defined in the descriptive state of division corresponding to the shares they hold. However, this right of enjoyment is exercised periodically and excludes any ownership or real right over the social property. Moreover, the liability of partners in such companies is limited, by derogation from Article 1857 of the Civil Code, which states the principle of personal and unlimited obligation for the social liabilities of partners in civil partnerships. In these companies, each partner generally has a number of votes proportional to their share of the expenses, which itself results from their occupancy of the premises . Resolutions approving accounts without respecting this rule cannot be annulled, as this distribution of voting rights does not constitute a mandatory provision whose violation is sanctioned by nullity . Finally, the withdrawal for just grounds of a partner from a civil partnership, organized by Article 1869 of the Civil Code, is excluded by Article L. 212-9 of the Construction and Housing Code concerning partnerships for the allocation of buildings for timeshare enjoyment .

Cass. 3e civ., 31 March 2005, LawLex200500006308JBJ.

Cass. 3e civ., 30 January 2008, LawLex202300010787JBJ.

Cass. 3e civ., 7 July 1982, LawLex202300010788JBJ.

CA Douai, 24 September 2020, LawLex202300003319JBJ

Cass. 3e civ., 29 May 2002, LawLex202300009811JBJ.

Company Law (en cours)

678. Civil partnership for allocation of buildings(1)

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