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L'élaboration de la cession d'entreprise dans la loi du 25 janvier 1985

Abstract : The sale of companies in difficulty is one of the possibilities offered by law so as to enable their activity and jobs to be maintained. The economic impact of the first oil crisis en 1973 rendered this procedure even more useful. Unfortunately, the law of 13 July 1967 did not contain any suitable legal procedures for the sale of companies in difficulty and, for a long time, the technique of "transaction by contract" was used. As the law of 13 July 1967 was not satisfactory, the law of 25 January 1985 offered several different procedures: "transfer plan", "transfer of a branch of activity as part of a plan of continuation (rescue plan)" and "transfer of a production unit". Company transfer is particularly carefully (well) dealt with in this law. the intention of the author of the present thesis is to demonstrate this by describing for each of three principal procedures the way in which the transfer is prepared, and then by attempting to define the precise legal nature (statuts) of the transfer according to the current law (law of 25 January 1985 amended by the law of 10 June 1994). Next, he has looked at the legal procedures involved in setting up the transfer, by studying the different elements which may be sold, in particular the firm's current contracts. more generally, the author attempts to define the position and role of each (of the different) parties, since it is often supposed that saving the company is the only important factor, and that the creditors' interests are very much a minor concern of this (piece of) legislation
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Submitted on : Tuesday, April 24, 2018 - 4:09:12 PM
Last modification on : Tuesday, February 9, 2021 - 2:51:16 PM

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  • HAL Id : tel-01776987, version 1



Jean-Louis Landes. L'élaboration de la cession d'entreprise dans la loi du 25 janvier 1985. Droit. Université Nancy 2, 1998. Français. ⟨NNT : 1998NAN20007⟩. ⟨tel-01776987⟩



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