Forum. Change the status of corporations in the civil code, would, we are told, a Pandora’s box : the opponents to the amendment of the provisions of the code that deal with the contract of society fear that it has to result in an inflation of the interference of third parties in the management of the companies, and, through it, an explosion of judicial remedies. Their fear is legitimate and needs to be taken into account.
The law Covenant, presented on 18 June by the council of ministers and expected to provide a new framework for the French economy, would highlight the fact that the company is more than a meeting of partners : it is a place of collective issues. Such a design is part of the trend, very present in France and abroad, a better consideration of the social responsibility of business. The report Notat-Senard participates in this way of seeing things.
The opponents of this normative evolution recognize, of course, that the definition given by the civil code in 1804 is a bit outdated : “Every company shall have a lawful purpose and be established in the common interest of the partners” (item 1833). But they pleaded that we see each accommodate without difficulty and live a happy life away from this text is magical, that speaks of a common interest that we peinerait well defined.
The company has crept into the clothes of the company
The shareholders, who trust the company, are the engines of the enterprise : don’t worry about it, they say. It is certainly the companies behind which the grass does not grow back, but they are rare. Don’t complicate everything for understanding some pathological cases. Businesses are subject to revolutions legal permanent waste their teams without true economic impact : do not add to the logorrhée legislation in recent years.
It seems to us, however, that reality has changed the reporting of the company…