Bankruptcy Law

An ongoing contract may be continued without the other party having sent the receiver a formal notice to decide on its continuation . In the absence of a formal notice from the receiver or, failing that, from the debtor, the contract is not terminated ipso jure, even if the receiver fails to act . In fact, the contract may continue after the opening judgment, without it being necessary either for  …

Outcome of the contract in the absence of a formal notice

An ongoing contract may be continued without the other party having sent the receiver a formal notice to decide on its continuation . In the absence of a formal notice from the receiver or, failing that, from the debtor, the contract is not terminated ipso jure, even if the receiver fails to act . In fact, the contract may continue after the opening judgment, without it being necessary either for the bodies of the insolvency procedure to formulate a request for continuation , or for the receiver to perform the contract, in the absence of an express or tacit option on his part .

The receiver who has not been put on notice by the debtor's co-contractor may expressly or tacitly decide to continue the contract. He expressly opts for the continuation of an agency contract when he sends a letter to the agent informing him that he is ready to study any serious proposal and to submit it to the court within the framework of a transfer plan . Similarly, the request for an extension of time to decide on the continuation of a contract shows the will to continue it, even in the absence of a formal notice to opt and despite the subsequent annulment of the extension orders of the bankruptcy judge .

The receiver tacitly opts for the continuation of the contract when, under the plan, he continues to use the service offered by the provider , when he accepts, after the opening of the insolvency proceedings of the debtor, that the latter pays a rent due under a rental contract , or when he does not hand over the keys of the rented premises to the lessor . This intention can also be deduced from the opposition to the deposit of the rent collected by the notary . Finally, the legal representative tacitly opts for the renewal of the ongoing contract, even in the absence of prior formal notice, when he declares in his pleadings that he does not wish to terminate a contract . Similarly, a director who joins the pleadings developed for the debtor by a law firm tacitly opts for the continuation of the contractual relationship with the latter, even if he has chosen to be represented by another lawyer .

Cass. com., 20 June 2000, LawLex202100005161JBJ (RJ).

Cass. com., 5 July 2005, LawLex202200001221JBJ (RJ).

Cass. com., 8 March 2017, LawLex202100003311JBJ (LJ).

See by analogy, Cass. com. 24 March 2005; LawLex202100002425JBJ (LJ).

Cass. com., 25 October 2017, LawLex201700001745JBJ (LJ).

Cass. com., 7 November 2006, LawLex202100003309JBJ (RJ).

Cass. 1re civ., 13 July 2004, LawLex202100005036JBJ (RJ).

Cass. com., 19 October 1993, LawLex202100005136JBJ (LJ).

Cass. com., 3 December 1996, LawLex202100005034JBJ (LJ).

Cass. com., 2 April 1996, LawLex202200001220JBJ (LJ).

Cass. com., 29 April 2002, LawLex202100002518JBJ (LJ).

Bankruptcy Law

98. Outcome of the contract in the absence of a formal notice

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98. Outcome of the contract in the absence of a formal notice

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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