Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Title 1: Opening of the procedure
Chapter 1: Company administration
Chapter 2: Inventory
Chapter 3: Continuation of ongoing contracts
Chapter 4: Actions carried out in the collective interest
Chapter 5: Treatment of company creditors
Section 1: Must adopt interest rate
Section 2: Must adopt the course of registrations and publications
Title 3: Drawing up an economic, social and environmental report
Title 4: Determination of debtor's assets
Title 5: Safeguard plan
Title 6: Accelerated safeguard
Part 3: Judicial receivership
Part 4: Court-supervised liquidation and professional recovery
Part 5: Responsibilities and penalties
196. Paralysis of forfeiture of the term clauses
1 minute de lecture
Pursuant to Article L. 622-29 of the Commercial Code, “[t]he opening judgment does not render due and payable any claims that have not fallen due on the date of its pronouncement. Any clause to the contrary is deemed unwritten”. This principle also applies to the guarantor , who may avail himself of it in the event of an action against him for payment of the debit account existing on the day of th …