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Les garanties du passif de l’entrepreneur individuel à responsabilité limitée (EIRL)

Abstract : After the partial success of the unseizability statement as a means of protecting the personal assets of entrepreneurs, the French legislator has adopted the status of the individual entrepreneur with limited liability (Hereinafter EIRL), disrupting the theory of the asset unit. The new status allows any individual to create as many dedicated assets as he pursues professional activities. The law institutes a patrimonial tightness that is manifested by the fact that each EIRL’s creditor is entitled to exercise his right of lien on the assets to which he’s attached. The EIRL status raises concerns about guarantees offered to their personal and professional creditors. Like an ordinary debtor, the EIRL can have guarantees provided by natural or legal third person. However, in practices, these persons are reluctant to commit themselves. The asset division prevents solvens guarantors to claim recourse attached to the all assets of the EIRL, so reducing the possibility of their reimbursement. Furthermore, plurality of assets allows the EIRL to guarantee itself. However, the technique of guaranteeing the debt of one asset with another can be damaging to the EIRL. Therefore, it’s uncertain that he uses it. If he doesn’t provide sufficient and/or efficient guarantees, he will not easily obtain external financing. If he cannot obtain the financing he needs, the EIRL will not benefit from his status
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Submitted on : Tuesday, April 2, 2019 - 3:07:38 PM
Last modification on : Friday, September 2, 2022 - 10:51:06 AM

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  • HAL Id : tel-02088031, version 1



Geneviève Mildrey Nguema Obame. Les garanties du passif de l’entrepreneur individuel à responsabilité limitée (EIRL). Droit. Université de Lorraine, 2018. Français. ⟨NNT : 2018LORR0210⟩. ⟨tel-02088031⟩



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