Business assets is a major and peculiar commercial judicial concept that was invented by the French businessman in the trade movement in nineteenth Century, and then was received by the legislation to receive the income of the law. Business assets refers to all the movable property belonging to the trade movement, and the information, inventory, business, lease and other intangible assets and tangible assets that are necessary to obtain the customer group as the target, the operation of the business. Business assets is the performance of the enterprise's profit ability, and it is an important purpose to maintain and grow the customer base. This judicial system is different from the company and legal system, there is no subject qualification, only the industry's aggregate, there is its special structure, although from the occurrence to now have more than one hundred years, but still lively in commercial areas, the French trade movement played a great role in promoting. The business assets are not a single industry, but a kind of clustering industry which is composed of various elements, and it is characterized as a tangible property in the legal public law. This particular nature makes the business assets in the relevant aspects of the application of real estate judicial rules, such as the occupation and the right to obtain, the power of the business assets must be performed through the operation of its power, but in other areas, such as the industry's friends, alienation, etc.. Operating assets are French commercial industry basic, but in judicial practice there is no clear definition, weekday is through the process of the yuan has defined the concept of intrinsic and connotation. The constituent elements of the business assets enumerated in the French commercial code are open, mainly in the form of tangible assets, supplemented by intangible assets. The customer base is the focus of the business assets of the elements and the nature of the performance, customer base is the habit of selling goods to a business, or a group of people may depend on business services. Although this concept is very general, but it is the main target of building a business assets and its power. Customer groups and customers are not unified concept in the public law. Customer refers to a group of customers through the customer, the Department of customer's arrival, is because the operation of the status of the movement, not due to the merchants and their employees to stop the trade movement. Customers belong to a simple latent, rather than sometimes, the resulting turnover from the geographical position of the business assets. Customer is also a component of business assets, but it is not the focus of the elements. Customer base is the need for business assets is not sufficient premise, all touched the customer base of the contract, have touched the business assets. Actual, positive customer base is the scale of the business assets, business assets with the occurrence of the customer base, change and change, get rid of, and the customer group itself is not generally exist, it is rooted in one or more, intangible or tangible business assets of the various elements, through the carrying yuan to attract customers. Customer group is in reality the "super value" of the enterprise, which is not found in a single industry, it only exists in the whole industry which is organized by the merchants through the process of their operations. Customer base is similar to the "goodwill" in the Anglo American law, and the two are from the point of view of the enterprise's super value. In other elements of the business assets, the lease right of the business occasion is the main rather than the need of the constituent elements. The lease can affect the customer base in very large French, in some cases, and even the customer group of the resolution of the identity, is the focus of the business assets of the elements. In practice, a lot of the glue that touches the business assets is in the form of the lease plastic Ge emerging. Because of the lease to operating assets of, public law to delineate the lease have special protection mechanisms and, cover lease is in order to protect the customer group, adhere to the enterprise's profit can, with important performance in the following two aspects: first, the lessee the right to lease renewal method, the lessor no legal reason shall not refuse the lessee in the lease contract expires request renewal of the lease, or the lessor shall pay high compensation; second, when operating assets transfer, lease marking with delivered without the need to obtain the approval of the lessor. Of course, it is also necessary to avoid special cover approach to be applied in order to avoid other judicial delineation of the method, such as the alienation of business assets in the name, it is the right to transfer the lease, such practices hurt the benefits of the lessor. Physical elements of the business assets also include the following two categories: first, signs, firms, communication information, medals and other elements of identification; second, trademarks, patents, copyrights, trade secrets and other intellectual property rights, and intellectual property rights around and beyond the exclusive skills, design plans, administrative permits, etc.. These tangible power can be a special way to bring about a kind of invented customer group and attract customers. The constituent elements of intellectual property, in addition to the relevant judicial designation in the business assets, but also by the judicial standard of common sense property. In some business assets, these elements are not only of great value, and can be the focus of support customer base elements, such as administrative permission is the main component of the business assets, in some of the monopoly of the line 目录: |
