Thursday, September 3, 2020

Chapter 3. Persons Capable of Carrying on a Trade

 Chapter 3. Persons Capable of Carrying on a Trade

Art. 11. - Persons incapable under the Civil Code

1.    Persons incapable under the Civil Code may not carry on any trade.

2.    Where incapable persons carry on a trade, they shall not, subject to the provisions of Art. 14 and 15, acquire the status of traders and their acts may be invalidated in accordance with the relevant provisions of the Civil Code.

 

Art. 12. - Tutors.

    Tutors may not carry on a trade in the name and on behalf of a minor except in the     cases provided in Art. 288 of the Civil Code. The same provisions shall apply to the tutor of an interdicted person.

 

Art. 13. - Emancipated Minors.

1.    Notwithstanding the provisions of Art. 333 of the Civil Code,emancipated minors may not carry on a trade unless authorised in writing by the family council.

2.    In default of authorisation under sub-art. (1), emancipated minors shall not be deemed to be of age.

 

Art. 14. -Effect of Minority in relation to third parties.

Notwithstanding the provisions of Art. 318 of the Civil Code, where a minor who carries on a trade has caused himself to be entered in the commercial register as though he were of age, his being a minor shall not affect third parties, in accordance with Art. 121 of this Code.

 

Art. 15. - Publication of incapacity.

Where a person has been declared incapable, such incapacity shall not affect third parties     unless notice of such incapacity has been entered in the commercial register (Art. 121).

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