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The property of the company form a business. Specifically, we call goodwill and all property assembles a merchant to acquire a customer hardware, stock, trade name, lease rights and industrial property rights are the business and help to fix its value. The business in the distinguished heritage of commercial property used is in the practice of the profession. This concept allows transferring in one step all the personal property listed above. The business includes only personal property. Also in case of sale of a business there will be two separate sales: real estate and business assets.

This idea of funding is not unique to the business, it is found to fund agricultural, craft or profession. The purpose of the business is to develop a customer but also an element. Distinction with other concepts:
Goodwill and business:
The company is a group of people and a combination of goods and capital. The business is the necessary element to the company but there are also other elements such as contracts.

Goodwill and Society
The Company is a person, the business is a set of properties, heritage society. One company may operate goodwill. Funding and Commercial Branch:
The branch of a company has no legal personality but an independent management. The subsidiary has a legal personality and is legally independent and economically it is very dependent on a parent. Branch because of its managerial autonomy has its own customers.

Composition of business: We do not find a legal definition of the business but the article L141-5 of the Commercial Code provides that the privilege of the seller of a business may include some elements set but the list is not exhaustive.

Lack of legal personality of the business: The unity of the concept is purely intellectual. The elements of the business are united by their common destination is to say the assignment was a trade or business is in this sense that we speak of universal fact, but not right for everyone element retains its own legal status and can be sold or pledged in isolation. The business is separate from the person of the operator. The assets and liabilities resulting from the operation of the business remain unique to the contractor.

Elements of the business: The tangible assets are material, such as machines used in the operation and goods (the stock). These elements are optional and sometimes almost non-existent. Intangible elements:
These are the essential elements of the business. The customer: That all persons coming into relationship with the company. The customer is the essential element of the business but not enough. It needs a fixation point (a location) or a rallying point (mark), it must be real and certain. What determines the date of onset and cessation of the business?
In addition, it must be personal to the operator for example: a restaurant in a railway station.

Intangible elements, customer hardware, stock, trade name, lease rights and industrial property rights

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