Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Part 2: Safeguard
Part 3: Judicial receivership
Part 4: Court-supervised liquidation and professional recovery
Title 1: Improper financial support (soutien abusif)
Title 2: Liability for insufficiency of assets
Chapter 1: Sanctioned behavior
Chapter 2: Accountability for breaches
Chapter 3: Procedural requirements
Section 1: Prohibition on management
Section 2: Corporate rights
Section 3: Political rights
Section 4: Duration of penalties
Section 6: Lifting the penalty
Title 4: Bankruptcy and other offenses
1026. Proportionality of penalties
1 minute de lecture
The principle of proportionality implies that, when several breaches are invoked to justify the condemnation of a debtor to a measure of personal bankruptcy, each of them must be justified . The court imposing a personal bankruptcy order must give reasons for its decision, both on the principle and on the quantum of the sanction, with regard to the seriousness of the faults and the personal situat …