Business Contracts


Creditors are affected by acts committed by their debtor, which are enforceable against them by the mere operation of the sale. Thus, from the moment a buyer acquires ownership of the goods when they are loaded on to a ship, the buyer's creditor, in the absence of a bill of lading representing the goods, is entitled to proceed with the precautionary seizure of the goods in the hands of the mariti …

Creditors of the parties

Creditors are affected by acts committed by their debtor, which are enforceable against them by the mere operation of the sale. Thus, from the moment a buyer acquires ownership of the goods when they are loaded on to a ship, the buyer's creditor, in the absence of a bill of lading representing the goods, is entitled to proceed with the precautionary seizure of the goods in the hands of the maritime carrier, who holds them for the duration of the carriage .

Creditors have a right of action in the event of fraud against their rights, based on Article 1341-2 of the Civil Code, which allows a creditor to bring a “paulian” (revocatory) action to have acts carried out by the defaulting party declared unenforceable against him, on condition that he establishes, in the case of an act for valuable consideration, that the third party contracting with him was aware of the fraud. The paulian action does not affect the fraudulent deed, which remains valid as between the debtor and the third party accomplice to the fraud, so that the sale authorized by the bankruptcy judge cannot be affected by the ruling of non-enforceability handed down by the court hearing the action .

Cass. com. 5 October 1993, LawLex202200004032JBJ.

Cass. com. 14 May 1996, LawLex202200002831JBJ.

Business Contracts

147. Creditors of the parties

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147. Creditors of the parties

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise