Section 1: Definitions and scope of application

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L221-1L221-2L221-3L221-4

Article L221-1

French Consumer CodeIn force
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Updated 8 Nov 2023

I. - For the purposes of this Title, the following are deemed to be:


1° Distance contract: any contract concluded between a trader and a consumer, under an organised distance sales or service-provision scheme, without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication until the conclusion of the contract;


2° Off-premises contract: any contract concluded between a trader and a consumer:


a) in a place other than that in which the trader carries on business on a permanent or regular basis, in the simultaneous physical presence of the parties, including following a solicitation or offer made by the consumer;



or b) Or in the place where the trader carries on business permanently or habitually or by means of distance communication, immediately after the consumer has been personally and individually solicited in a place other than that where the trader carries on business permanently or habitually and where the parties were physically present at the same time;



c) Or during an excursion organised by the trader or by means of distance communication. c) or during an excursion organised by the trader with the purpose or effect of promoting and selling goods or services to the consumer. II. - The provisions of this Title apply to contracts for the sale of one or more goods, within the meaning of article 528 of the Civil Code, and to contracts under which the trader provides or undertakes to provide a service to the consumer in return for which the consumer pays or undertakes to pay the price. A contract which has as its object both the transfer of ownership of a good and the provision of a service, including the provision of delivery of goods, is treated in the same way as a contract of sale.

III. - The provisions of this Title shall also apply to contracts under which the trader provides or undertakes to provide the consumer with material-less digital content or a digital service and for which the consumer provides or undertakes to provide him with personal data, except where such data are processed exclusively by him to provide the material-less digital content or the digital service, or to enable him to fulfil his legal obligations.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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