The Principle of Equality and the Duties of a Partner
The Entrepreneurship Code shapes the ethical foundation of enterprise relations: a partner, in exercising his or her rights, must take into account the lawful interests and rights of the enterprise and of the other partners. In equal conditions partners have equal rights and duties, and a derogation from this principle is allowed only where it is directly provided for by law or the charter and is necessary in the interests of the enterprise. The charter may determine shares and differing rights and duties independently of the partners' contributions. The logic of oppression claims begins here: where one party uses its position to the detriment of the others, this balance is violated and the law gives the injured party instruments of protection.