الأمانة آلية لفصل الذمة المالية للمقاول الفردي في القانون الفرنسي

الملخص EN

With regard to the principle of heritage unity, the individual entrepreneur commits his entire heritage.

In the event of difficulties, his creditors may seize his professional property and his personal property.

This fragility of the individual entrepreneur has prompted the legislator, in French law, to create mechanisms allowing him to protect his personal wealth from the pursuit of his professional creditors; such as the trust.

Through the trust technique, the individual entrepreneur can limit the rights of his creditors.

This mechanism makes it possible to evade the goods, rights or securities transferred in the fiduciary patrimony from the pursuit of the creditors, thus the individual entrepreneur can transfer certain goods in a fiduciary patrimony, which will be their only pledge.