The transfer is governed by specific rules which derogate from the common law regarding succession in the contracts, the supply of credit and debt, in particular as regards the consent of the debtor, derogation from Article .1406 cc since the worker can not resist. The company may be transferred either to act “inter vivos” and “inheritance”, but can also occur both parties agree, whether with a coercive administrative measure or judicial. It has recently considered the hypothesis that mergers and divisions to operate a business transfer: if the first was not considered the transfer of an undertaking with substantial reform of the 2000s corporate mergers, especially heterogeneous, was no longer seen as disappearance and recovery of the institution.
The transfer business is governed by .2112 cc requiring the buyer to maintain the balance of work and several commitments of the credits earned by workers.