The French approach to entrepreneurial failure: A profound paradigm shift

Abstract

AbstractFrom the long‐standing disapproval attached to the "bankruptcy" of the entrepreneur, through the contested recognition of the right not to pay his debts, the French law of insolvency has evolved to gradually take into account the fate of the man in entrepreneurial failure. Thus, the objective of the rebound of the entrepreneur is part of the reforms of the law of companies in difficulty for several years: introduction of professional recovery leading to the cancellation of debts, acceleration of the judicial liquidation procedure, limitation of the scope of the guarantees offered to creditors and reduction of the weight of sanctions. Beyond the measures, the evolution of the law of companies in difficulty reflects a real mutation in the French perception of entrepreneurial failure. A paradigm shift is taking place where the culture of failure gradually gives way to a culture of rebound, so that the entrepreneur can be entitled to a "second chance". The article focuses on the legal mechanisms of the rebound of the individual entrepreneur after a judicial liquidation under French law. The objective is to demonstrate that a paradigm shift is taking place where the culture of failure is gradually giving way to a culture of rebound. If the change has appeared for 30 years, it appears more blatantly for 3 years, whether in European or French law. However, many economic stigmas persist, such as indicators in the banking file of companies or data on judicial liquidation that remain publicly available. In order to promote the rebound of the entrepreneur, we propose in particular the establishment of a right to be forgotten.