Commercial law is at the heart of business, of the business world. It is a material that encompasses a lot of branches. Thus, corporate law, business law, banking law are an extension of commercial law.
So, commercial law can be defined as being a part of private law and which applies to all the legal rules that govern relations between traders or between traders and individuals. It therefore applies to traders and trading activities.
It is therefore important to define the quality of trader. Thus, in a purely legal definition, the trader is any person, natural or legal, who exercises the acts of commerce in a usual way. And the trader’s status is much more visible in the commercial acts he exercises.
Business Lawyer
Commercial law is a complex and vague discipline, due to the fact that it covers a lot of matters within it, such as business law, banking law, company law, etc. This justifies the intervention of a lawyer specialized in the matter who, thanks to his competence, can resolve all questions relating to commercial law.
To this end, the commercial law lawyer can play a lot of roles in commercial law. Thus, our law firm can draft legal documents relating to commercial law. We can also advise merchants, support them in commercial projects. We will also be able to defend our clients in the event of litigation that may arise from their commercial relationship. We may also draft, negotiate or modify commercial contracts.
To conduct our consulting work, we will listen to our clients first; then we’ll take care of the rest ourselves. Then, we will develop appropriate solutions to the current problem(s) and also propose solutions for any problems.
Also, we will be able to present work and success strategies to our clients and defend the interests of our clients; in short, commercial law is part of our field.
Business Lawyer
Unlike other lawyers who are very often independent and who seek clients to provide them with their legal services, the business lawyer is a lawyer attached to a given company and who plays many roles, including legal services in his company.
Thus, the business lawyer advises his company on all stages of the legal life of his company, whether on the drafting, negotiation or modification of commercial contracts that his company is called upon to sign. It can also intervene in employee dismissal procedures. He also presents the strategies that his company will adopt in the face of the problems. Also, at the litigation stage, the business lawyer defends the interests of his company before the competent court.
The business lawyer specializing in commercial law knows the rules of commercial law and knows where he must intervene. He also ensures compliance with his company’s internal regulations.
Commercial lease law
A commercial lease is a contract by which a tenant rents premises belonging to another person, the landlord, for the operation of his industrial or artisanal business. What binds the two contracting parties is the building that is being leased.
In addition, the commercial lease is a contract that is more often a source of problems between the landlord and the tenant. Thus, if the tenant does not pay the rent as it should, or he pays late or he does not give all the rent, this can lead to litigation. There may also be disputes around the maintenance of the building that the landlord often neglects. On the tenant’s side, the latter may also have the desire not to renew the commercial lease, which can be a source of problems.
Finally, the commercial lease is a fairly complex contract and the intervention of a lawyer specialized in the matter is strongly recommended to resolve the disputes that may arise from it.
Commercial Lease Lawyer
As we said before, the commercial lease is very complex. To solve your problems, you must have recourse to a lawyer specialized in the matter.
Thus, the commercial lease lawyer drafts, negotiates or modifies the commercial lease contract. He can also advise around the commercial lease on all disputes whether on the revision, renewal, revision of the price of the rent, the duration or the execution of the contract or the transfer of the commercial lease.
As a result, our law firm has expanded its expertise in commercial leases, and can therefore intervene in all issues concerning commercial leases.
The assignment of the commercial lease
The tenant, also called the assignor of the lease, has the right to transfer the lease and its business to a third party called the assignee. So the landlord remains, and it is only the tenant who changes. However, he can also assign the lease without the goodwill, but there especially with the approval of the lessor (the initial owner of the premises).
Thus, the transferee will have the same rights and obligations as the transferor had towards the lessor. The commercial lease assignment contract may also include clauses, such as the non-competition clause, non-reinstatement… and the assignment of the commercial lease must be registered with the tax authority.
In addition, the renewal of the commercial lease is a recognized right of the tenant whose lessor can pay compensation in the event that he refuses to renew it. This compensation is called “the eviction compensation” which is equal to the damage caused by the failure to renew; because the tenant to take over the premises.
To this end, our firm may seek compensation for the damage from your lessor and or sue it before the competent court if it refuses to compensate you. However, we will take into account the exceptions and clauses related to the commercial lease contract when renewing the lease.
The role of the lawyer in the assignment of the commercial lease
The transfer of the right to the lease is a complex area and which is the source of several disputes. It is therefore important to use an expert in the said field. The lawyer specializing in commercial lease law can ensure compliance with the rules of the lease transfer so that the transfer can be carried out under good conditions. Also, in the event of a problem, he can intervene.
He can also ask for the sanction of the culprit in the event of irregular transfer of the lease. For example, a termination clause may provide for the termination of the lease in the event of an irregular transfer. The lawyer may request compensation for damages in the event of an assignment that does not comply with the transfer rules.
Thus, our law firm advises you on all questions relating to the transfer of the commercial lease. Do not hesitate to contact us if you have any questions related to tenancy law in general.
The sale of the business
The goodwill is the set of tangible and intangible assets allowing their owner to attract customers.
These tangible and intangible assets are among others: goods, materials, right to lease, sign, brand, patent of invention.
The transfer of the goodwill is a right of the tenant of the commercial lease that he can transfer to the transferee without the agreement of the initial lessor. While the right to the lease is generally non-transferable without the consent of the lessor; which constitutes a difference between the transfer of the lease and the transfer of the goodwill.
Moreover, the transfer of the business is a complicated area, even more complicated, since it is subject to a lot of regimes, such as the obligations of information before the transfer of the funds (information related to the capacity of the parties, informing the employees), the elements of the business, the right to register the funds, etc. But the intervention of a lawyer specialized in the matter can solve all these questions.
Thus, our law firm can advise you in any kind of commercial assignment while determining the rights and obligations of the contractual parties.
Commercial Lawyer
Commercial law is a discipline that brings together other subjects, such as business law, tax law, banking law, company law, etc.
Thus, company law is a part of commercial law that governs commercial companies. Commercial companies are of two types of companies: corporations and partnerships. These companies are among others: the public limited company, the liability company, the partnership limited by shares, etc.
Corporate law is a very complicated matter that calling on a lawyer specializing in the matter is not to be overlooked.
Thus, the lawyer specializing in corporate law advises the directors, directors, shareholders and all the partners of the company, in all the steps that the company is required to take, whether with the authorities or with the partners. He can draft, negotiate or modify company contracts. He can also draft the statutes of companies, modify them or negotiate them. Also, the lawyer specializing in company law can present companies before the competent courts in the event of litigation for defense reasons.
To this end, our law firm deals with all questions relating to company law, we have sufficient competence in the matter.
Commercial contracts
A commercial contract can be defined as a contract that governs the relationship between a seller and a buyer in the context of commercial activities. It is otherwise called a “commercial act”. These contracts can take many forms: the sales contract, the distribution contract, the commercial lease contract, an international trade contract, and so on.
Our skills in commercial contracts:
Special contracts are diverse and varied and therefore complex. A lawyer may specialize in one but not the other. It is necessary to call on a lawyer specialized in the field which makes your problem.
Thus, we have lawyers specialized in all types of commercial contracts. To this end, our skills lie in advising, supporting, assisting and defending our clients.
As a result, we advise our clients in the drafting, negotiation or modification of contracts. Also, we assist our clients in the drafting of commercial documents whether they are:
Commercial leases, distribution contracts (franchise contract, commission-affiliation contract, selective or exclusive distribution contract), sales contracts, etc.
Finally, we can also assist our clients in the event of litigation that may arise from their contract, whatever its type.
The Commercial Lawyer
The lawyer is a person who has done legal studies and who can work in a given structure, which, moreover, makes his difference with a lawyer who is independent and whom we can call on for our defense or for other legal services, such as the drafting of legal acts, for example.
In this case, the lawyer specializing in commercial law can play many roles within the structure in which he works. Thus, he can advise, accompany or assist his structure in all legal relations such as (the drafting of legal documents, the drafting of company statutes, for example) He can also take legal steps with the competent authorities to obtain, for example, a specific authorization. He also ensures compliance with the ethics of his company, in short, the survival of the company depends on it.
However, the commercial law lawyer must also have qualities, such as the ability to analyze the issues, intelligence, rigor and discretion.
So, for all your questions relating to commercial law, do not hesitate to contact us, your satisfaction remains our priority!