Flashcards: Identification of Commercial Traders — 21 cards

What defines a trader under Article L121-1 of the Commercial Code?

Performing commercial acts as their habitual profession.

How can habitual commercial acts affect trader status without registration?

They can establish trader status even without registration.

What is purchase for resale according to Article L110-1?

A commercial act of buying an asset to resell it, possibly after processing.

What condition produces trader status from an act of commerce?

Performing the act repeatedly and habitually.

When is buying an immovable asset for resale considered commercial?

When the buyer does not intend to construct and sell buildings as a whole or by premises.

What two conditions define a purchase-resale act as commercial?

Purchasing an asset and intending to resell it.

What defines an industrial activity in commerce?

Organizing resources to produce goods for profit.

Which article treats every manufacturing enterprise as commercial?

Article L110-1 of the Commercial Code.

What does a commercial intermediary do in a transaction?

They perform an act of commerce by connecting parties involved.

What commercial act does an agent perform in selling immovable assets?

Bringing a buyer and a seller together.

How does a commission agent act differently from a broker?

A commission agent acts in their own name, a broker brings parties together.

How does the law identify a trader according to their activity?

By their commercial acts regardless of registration.

Where does the speculative element of trading come from?

Seeking a price difference between purchase and resale.

What distinguishes movable assets from immovable assets?

Movable assets can be moved; immovable assets are attached to the ground.

Which activities are excluded from commercial status without prior purchase for resale?

Agricultural, artisanal, and liberal activities.

How is an individual taxi driver classified compared to a taxi operated by a company?

An individual taxi driver is an artisan; a company-operated taxi is commercial.

Why does reselling an inherited asset not make the seller a trader?

Because there was no prior purchase for resale.

What status do companies like Airbus and Tesla have as producers?

They are traders as producers or industrial enterprises.

What is presumed about acts performed by enterprises during production?

They are presumed to be commercial acts.

What commercial acts do public auction establishments perform?

They perform commercial acts by hosting public auctions.

What operations does Article L110-1 list as commercial?

Intermediary operations involving purchase, subscription, or sale of immovable property, business funds, shares, or real-estate company interests.