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Le petit professionnel dans ses rapports contractuels

Abstract : The « small professional » is not so well identified in current contract law. Whether it concerns general laws of contract or special contract laws, neither really have a vocation to specifically appreciate this economic stakeholder. However, if positive law is not attentive to this contracting party, its emergence at the heart of legal relations is not disputed, and as pointed out in European law, it places itself as witness to this outcome. In consequence, it is proposed to study the expression of the « small professional », on the one hand, through the already-known notions of consumer, non-professional and professional, and on the other hand, through related notions of trader and business company. Many areas are affected by the advent of the « small professional » including contract law, competition law and consumer law. The aim is therefore to emphasize the lack of attention to this party. Within the scope of its contractual relationships, the « small professional » is generally considered as a common professional, despite its special status. The purpose is also to present an adaptation of the rules related to its activities. The content of its rights and duties should be strictly analyzed in order to understand, and make them more appropriate.
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Submitted on : Monday, February 22, 2021 - 9:02:10 AM
Last modification on : Tuesday, December 7, 2021 - 3:41:26 PM
Long-term archiving on: : Sunday, May 23, 2021 - 6:15:41 PM


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  • HAL Id : tel-03148219, version 1



Davy Huet. Le petit professionnel dans ses rapports contractuels. Droit. Université Clermont Auvergne [2017-2020], 2020. Français. ⟨NNT : 2020CLFAD005⟩. ⟨tel-03148219⟩



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