The manager of a partnership, which lacks legal personality, acting as agent for the partners, is liable for faults committed against them in the course of management

Application pratique:

Under the 2008 Cour de cassation ruling, a manager of a partnership without legal personality is personally liable for faults against partners. The partners should gather evidence of the misappropriation (bank statements, emails) and formally demand repayment. If Pierre refuses, they can sue him for damages in the tribunal judiciaire, citing this decision. Act quickly: the five-year limitation period for personal liability claims (article 2224 of the Civil Code) starts from the discovery of the fault.

Application pratique:

The 2008 ruling confirms that Claire, as manager, is liable for her fault. The partners must immediately secure all ownership documents and the sale contract. They should send a mise en demeure (formal notice) to Claire demanding the return of proceeds. If unsuccessful, they can file an action for damages and possibly challenge the sale if the buyer was aware of the lack of authority. Use this case law to argue that Claire breached her duties as agent for the partners.

Application pratique:

The Cour de cassation ruling makes it clear: the manager is personally liable for faults committed in management. The partners should demand that Karim reimburse the damages paid, as his negligence caused the loss. They must compile evidence of his failure to act (inspection reports, correspondence) and issue a formal claim. If Karim refuses, they can sue him personally for the EUR 15,000 plus interest, invoking this decision. This preventive lesson: always document maintenance requests to the manager.