A property development contract is a mandate of common interest whereby a person known as a “property developer” undertakes to the project owner to carry out, for an agreed price, by means of project leasing contracts, a construction programme for one or more buildings and to carry out itself or to have carried out, for an agreed fee, all or part of the legal, administrative and financial operations contributing to…
The contract empowers the developer to enter into contracts, receive work, settle contracts and generally to perform, up to the overall agreed price, on behalf of the project owner, all acts required for the completion of the programme. However, the developer does not bind the project owner, by the loans it takes out or by the acts of disposal it enters into, except by virtue of a special mandate contained…
If, prior to completion of the programme, the project owner assigns the rights it has in the programme, the assignee is substituted ipso jure, actively and passively, for it in the entire contract. The assignor is guarantor of the performance of the obligations placed on the project owner by the assigned contract. Special mandates given to the developer continue between the developer and the assignee. The developer may not substitute…
The developer’s role does not end on delivery of the building unless the construction accounts have been finally agreed between the project owner and the developer, all without prejudice to any liability claims that may belong to the project owner against the developer.
Judicial settlement or liquidation of assets does not automatically result in termination of the property development contract. Any stipulation to the contrary shall be deemed unwritten.
A company is formed by two or more persons who agree by contract to allocate property or their industry to a common undertaking with a view to sharing the profits or benefiting from any savings that may result. It may be formed, in the cases provided for by law, by the act of will of a single person. The partners undertake to contribute to any losses.
Even if they use only community property for contributions to a company or for the acquisition of company shares, two spouses alone or with other persons may be partners in the same company and participate together or not in the management of the company. Benefits and gifts resulting from a company contract between spouses cannot be annulled because they would constitute disguised gifts, where the conditions have been settled by…
A spouse may not, under the penalty provided for in article 1427, use joint property to make a contribution to a company or acquire non-negotiable company shares without his or her spouse having been notified and without this being justified in the deed. The status of partner is recognised in whichever of the spouses makes the contribution or carries out the acquisition. Spouse who has notified the company of his…
Any company must have a lawful object and be formed in the common interest of the partners. The company is managed in its corporate interest, taking into consideration the social and environmental issues of its activity.
The provisions of this chapter shall apply to all companies unless otherwise provided by law by reason of their form or objects.
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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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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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