Section 1: General privileges

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23312331-1

Article 2331

French Civil CodeIn force
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Updated 6 Nov 2023

Other than those provided for by special laws, privileged claims on the generality of movables are:


1° Legal costs, on condition that they have benefited the creditor against whom the lien is asserted;


2° Funeral expenses;


3° The following remuneration and allowances:


the remuneration, for the last six months, of employees and apprentices;


the deferred salary, for the year ended and for the current year, instituted by the article L. 321-13 of the Rural and Maritime Fishing Code


the surviving spouse's claims instituted by the Article 14 of Law no. 89-1008 of 31 December 1989 relating to the development of commercial and craft enterprises and the improvement of their economic, legal and social environment and Article L. 321-21-1 of the Rural and Maritime Fishing Code;


-the end-of-contract indemnity provided for in article L. 1243-8 of the French Labour Code and the job insecurity indemnity provided for in article L. 1251-32 of the same code;


-compensation due for failure to observe the notice period provided for in article L. 1234-5 of the French Labour Code and the compensatory indemnity provided for in article L. 1226-14 of the same code;


-the indemnities due for paid holidays provided for in articles L. 3141-24 et seq. of the same code;


the redundancy payments due pursuant to collective labour agreements, collective establishment agreements, work regulations, usages, the provisions of articles L. 1226-14, L. 1234-9, L. 7112-3 to L. 7112-5 of the French Labour Code for the entire portion less than or equal to the ceiling referred to in Article L. 3253-2 of the same code and for a quarter of the portion above the said ceiling;


-indemnities due, where applicable, to employees, pursuant to articles L. 1226-15, L. 1226-20, L. 1226-21, L. 1235-2 to L. 1235-4, L. 1235-11, L. 1235-12, L. 1235-14 and L. 1243-4 of the Labour Code;


4° During the last year, products delivered by an agricultural producer under an approved long-term interprofessional agreement, as well as sums owed by any contractor of an agricultural operator under an approved standard contract.

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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