Entrepreneuriat et incapacité: responsabilité illimitée et direction de sociétés
The contribution focuses on persons under an adult protection measure that deprives them (totally or partially) of civil capacity (legal capacity).
The authors consider that the need for protection of these persons is incompatible with any status involving unlimited liability for debts related to a going concern as well as with the functions of a manager of a commercial company. This incompatibility also excludes in their eyes any representation of the protected person in such a status or function, even by the Advance Care Appointee (mandat pour cause d’inaptitude, Vorsorgeauftrag). The authors examine the legal consequences of the incapacity of a general partner with unlimited liability, an owner of a sole proprietorship or a director of a commercial company and examine to what extent the parties concerned are authorized to arrange their relations while taking into account the need for protection of the incapable person. The authors also propose some changes to the applicable rules,…
