Commercial Law No. 68 of 1980

Article 52

1. Whoever owns a business address of a store shall replace his predecessor in assuming the liabilities and rights related to such address. A different agreement shall not apply to third parties, unless it has been recorded in the commercial register or communicated to whom it may concern.

2. Responsibility for a predecessor’s liabilities shall prescribe five years after a store has been assigned.

Article 53

Whoever has been assigned a store without its business address shall not be responsible for the liabilities of his predecessor, except when there is a different agreement recorded in the commercial register.

Article 54

1. Corporate addresses shall be governed by relevant legal provisions.

2. A company may retain its original address without any modification should a new partner join the company, or a partner whose name has been contained in the company’s address exit, as long as such partner or his heirs have agreed to retain the name in the address.

Chapter Three – Illegitimate (Unfair) Competition

Article 55

1. Should a business address be used by a non-owner, or should an owner of a business address use it in violation of the law, those concerned may request a stoppage of such use, may request removal (of the owner’s name) from the commercial register if it has been recorded therein, and may claim compensation should such owner have a store.

2. These provisions shall apply to the use of trade marks and data, as stated in this Law.

Article 56

A merchant may not resort to fraudulent and deceitful practices to sell his merchandise. He may not publish false data that may harm the interest of another competing merchant.Otherwise, he shall be liable to pay compensation.

Article 57

A merchant may not divulge untrue information related to the origin or characteristics of his merchandise, or the importance of his business; announce, untruthfully, that he is in possession of a standing, certificate or reward; or resort to any other methods involving misinformation, with the intention of capturing the customers of another competing merchant. Otherwise, he shall be liable to pay compensation.

Article 58

A merchant may not tempt the workers or employees of another merchant to help him capture the customers of such merchant, or leave the service of such merchant and enter into his service and inform him of the secrets of his competitor. Such acts shall amount to illegitimate (unfair) competition requiring compensation.

Article 59

Should a merchant give a former employee or worker a certificate of good conduct, and should such certificate deceive another bona fide merchant and cause him to sustain damages, the latter merchant may, depending on the circumstances, claim appropriate compensation from the former merchant.

Article 60

A person whose vocation is to provide commercial houses (businesses) with information on the conditions of merchants, and who provides untrue information on the conduct or financial position of a merchant, whether intentionally or as a result of gross negligence, shall be liable to pay compensation for damages resulting from such fault.

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