Subsection 1: General provisions.

Articles in this section · 3

Article R5121-152

French Public Health CodeIn force

Updated 2 Nov 2023

For the purposes of this chapter, the following definitions shall apply

1° "Adverse reaction": a noxious and unintended response to a medicinal product or to a product mentioned in Article R. 5121-150 ;

2° "Serious adverse reaction": an adverse reaction which is lethal or life-threatening, or which results in persistent or significant disability or incapacity, or which results in, or prolongs, hospitalisation, or which manifests itself as a congenital anomaly or malformation;

3° "Unexpected adverse reaction": an adverse reaction whose nature, severity or course do not correspond to the information contained in the summary of product characteristics mentioned in Article R. 5121-21;

4° "Misuse": intentional and inappropriate use of a medicinal product or a product which does not comply with the marketing authorisation or registration or with the recommendations of good practice;

5° "Abuse": intentional, persistent or sporadic excessive use of medicines or products mentioned in Article R. 5121-150, accompanied by harmful physical or psychological reactions;

6° "Overdose": administration of a quantity of medicinal product or product, either per dose or cumulatively, in excess of the maximum dose recommended by the summary of product characteristics mentioned in Article R. 5121-1;

7° "Post-authorisation safety studies": any study relating to an authorised medicinal product or product and intended to identify, characterise or quantify a safety risk, to confirm the safety profile of the medicinal product or to measure the effectiveness of risk management measures;

8° "Post-authorisation efficacy studies": any biomedical research or observational study on the efficacy of a medicinal product or product in current medical practice;

9° "Risk management system": a set of pharmacovigilance activities aimed at identifying and describing the risks associated with a medicinal product or a product mentioned in Article R. 5121-150 and a set of measures aimed at preventing or minimising these risks, including the evaluation of the effectiveness of said activities and measures. This set of activities and measures shall be proportionate to the proven risks and potential risks of the medicinal product or product, and to the need for safety information after marketing authorisation;

10° "Risk management plan": a detailed description of the risk management system defined in 9°;

11° "Pharmacovigilance system": a system set up and used by any company or organisation exploiting a medicinal product or a product mentioned in Article R. 5121-150 and by the Agence nationale de sécurité du médicament et des produits de santé in order to fulfil their pharmacovigilance obligations and aimed at monitoring the safety of medicinal products or products mentioned in Article R. 5121-150 and identifying any change in the benefit/risk balance;

12° "Pharmacovigilance system permanent file": a detailed description of the pharmacovigilance system set up and used by any company or organisation exploiting a medicinal product or a product mentioned in Article R. 5121-150 concerning one or more of these medicinal products or products;

13° "Medication error": an unintentional error by a healthcare professional, a patient or a third party, as the case may be, occurring during the healthcare process involving a medicinal product or a healthcare product mentioned in article R. 5121-150, in particular during prescription, dispensing or administration;

14° "Occupational exposure": exposure to a medicinal product or a product mentioned in article R. 5121-150 in the context of professional activity.

Mariela Petrova

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Common Questions

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

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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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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