The fact that sellers, sworn merchandise brokers or public officers include in sales made by judicial authority, on seizure, after death, judicial liquidation, cessation of business, or in other cases of necessity whose assessment is submitted to the Commercial Court new merchandise not forming part of the goodwill or furniture put up for sale, is punishable by the penalties provided for in Article L. 322-5.
In places where there are no sworn merchandise brokers, judicial auctioneers, notaries and bailiffs shall conduct the sales provided for in Article L. 322-4, in accordance with the legal and regulatory provisions governing their interventions. They are, for the said sales, subject to the forms, conditions and rates imposed on brokers.
Voluntary wholesale public auction sales of arms, ammunition and their essential components may only take place with the prior authorisation of the Commercial Court.
Sworn goods brokers are subject to the provisions prescribed by articles 871 and 873 of the General Tax Code.
The brokerage fee for sales that are the subject of articles L. 322-8 to L. 322-13 is set, for each locality, by the Minister responsible for trade, after consulting the chamber of commerce and industry and the commercial court. In no case may it exceed the duty established for sales by mutual agreement, for the same types of goods.
Disputes relating to sales made pursuant to Article L. 322-8 shall be brought before the Commercial Court.
Commercial courts may, after death or cessation of business, and in all other cases of necessity the assessment of which is submitted to them, authorise the sale by wholesale auction of goods of any kind and from any source. Authorisation is given on application. A detailed statement of the goods to be sold shall be attached to the application. The court shall record in its judgment the fact giving rise…
Judicial sales of wholesale goods authorised under Article L. 322-14 as well as all those authorised or ordered by consular justice in the various cases provided for by this code are carried out by sworn goods brokers. However, it is always up to the court or judge authorising or ordering the sale to appoint a judicial auctioneer, bailiff or notary to carry it out. In this case, the public officer,…
The provisions of articles L. 322-11 to L. 322-13 are applicable to the sales referred to in articles L. 322-14 and L. 322-15.
The period of validity of any exclusivity clause by which the purchaser, transferee or lessee of movable property undertakes vis-à-vis its seller, transferor or lessor not to use similar or complementary items from another supplier is limited to a maximum of ten years.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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