Bankruptcy Law

The notion of “assistance” (concours) within the meaning of Article L. 650-1 of the Commercial Code refers primarily to the granting of new credit to the debtor, or the maintenance of existing credit. In the absence of a definition of the concept of “assistance” in the Commercial Code, case law considers that the derogatory liability regime instituted by Article L. 650-1 of the Commercial Code covers all assistance granted to the debtor, including that granted to finance business start-ups or acquisitions .

Terms of payment granted by a co-contractor to the debtor also constitute assistance , since the generic term “assistance granted” used by this article means that its application is not limited to contributions of funds . The notion of assistance also includes advances granted by partners, or any other person with an interest in the company, such as current account advances . On the other hand, financial guarantees granted to natural or legal persons who habitually engage, even on an ancillary basis, in the transactions referred to in Article 1 of Law 70-9 of 2 January 1970 do not constitute assistance within the meaning of Article L. 650-1 of the Commercial Code , in the absence of the provision of credit. The granting of public aid to a company, even though its situation is irremediably compromised on the date the aid is granted, is not governed by the provisions of Article L. 650-1 of the Commercial Code, concerning the liability of creditors subject to commercial rules .

Cass. com., 3 November 2015, LawLex202100001560JBJ (LJ).

Cass. com, 16 May 2012, LawLex202100001547JBJ (LJ); CA Douai, 19 May 2016, LawLex202300008307JBJ (LJ); CA Paris, 21 October 2020, LawLex202000002837JBJ (RJ); Cass. com, 10 December 2003, LawLex202100001576JBJ (RJ), holding that a social security organization can be held liable for abusive support when it confers a misleading appearance of solvency on a member by granting him deferred payment of his social security contributions.

CA Versailles, 12 May 2011, LawLex202300008282JBJ (LJ).

CA Amiens, 24 October 2019, LawLex202300008276JBJ (RJ).

Cass. com. 24 May 2018, LawLex202100001559JBJ (LJ), censuring on this point CA Paris, 23 September 2016, LawLex202300008283JBJ (LJ).

Cons. d'Et., 27 November 2020, LawLex202300008523JBJ (LJ).

970. Notion of contest