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Recognition and Enjoyment of Rights by Foreign Trading Companies in French and European Law

Author: Rabaï BOUDERHEM

Type: Article

ref: 1201835-60

N0:1 of 2018

Pages: 35-60

Before proceeding to the legal connection of a trading company in order to determine the applicable law and its legal regime, the judge must first make sure that the company is recognized in France. The question is to determine if French law recognizes the existence of its legal personality: in other words, if it recognizes that the company is validly constituted in a Member State of the European Union or in a third State. In the absence of recognition, the foreign company cannot carry out any legal act and cannot establish itself in France. What is the scope of the rights of a foreign company to operate in France? How to determine all the rights that a foreign company can claim in France?