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Unless a different organisation has been provided for, relations between partners are governed, as appropriate, either by the provisions applicable to civil partnerships, if the partnership is of a civil nature, or, if it is of a commercial nature, by those applicable to general partnerships.
With regard to third parties, each partner remains the owner of the assets that he makes available to the company. Assets acquired through the use or reinvestment of undivided funds during the term of the company and those that were undivided before being made available to the company are deemed to be undivided between the partners. The same applies to any assets that the members may have agreed to place…
Each partner contracts in his own name and is solely liable to third parties. However, if the participants act in their capacity as partners in the sight and knowledge of third parties, each of them is liable to the latter for the obligations arising from acts performed in that capacity by one of the others, with joint and several liability, if the company is commercial, without joint and several liability…
Where the undeclared partnership is for an indefinite period, its dissolution may result at any time from a notification sent by one of them to all the partners, provided that such notification is in good faith, and not made at an inconvenient time. Unless otherwise agreed, no partner may request the division of undivided assets pursuant to Article 1872 as long as the company has not been dissolved.
The provisions of this chapter shall apply to de facto companies.
Those who have rights to be exercised over undivided property, as owners, bare owners or usufructuaries may enter into agreements relating to the exercise of these rights.
The co-undividers, if they all consent, may agree to remain in undivided ownership. On pain of nullity, the agreement must be drawn up in writing including a description of the undivided property and an indication of the shares belonging to each undivided co-owner. If the undivided property includes claims, the formalities of article 1690 shall apply; if it includes immovable property, the formalities of land registration shall apply.
The agreement may be concluded for a fixed term which may not exceed five years. It may be renewed by express decision of the parties. Division may only be brought about before the agreed term if there are just grounds. The agreement may also be concluded for an indefinite period. In this case, partition may be brought about at any time, provided it is not in bad faith or at…
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75001, Paris France
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