Bankruptcy Law

The termination of the commercial lease entitles the lessor to compensation, on the one hand, when the receiver has committed a fault, in accordance with Article 1240 of the Civil Code or, on the other hand, in case of non-continuation of the lease.
1) Receiver's liability
Any act whatsoever of a person, which causes damage to another, obliges the person by whose fault it occurred to repair it by  …

Compensation resulting from the fault of the receiver or from the termination

The termination of the commercial lease entitles the lessor to compensation, on the one hand, when the receiver has committed a fault, in accordance with Article 1240 of the Civil Code or, on the other hand, in case of non-continuation of the lease.

Any act whatsoever of a person, which causes damage to another, obliges the person by whose fault it occurred to repair it by virtue of Article 1240 of the Civil Code. Nevertheless, the liability of a legal representative cannot be engaged for the absence of termination of a lease , or for non-payment, by the debtor company, of the rents under the ongoing contract , when it is not shown that the lessor has put him on notice to pay the rents due during the insolvency procedure and requested the termination or had the termination of the contract declared ipso jure.

Under the terms of Article L. 622-14, 1° of the Commercial Code, when termination occurs as a result of the receiver's decision not to continue the lease, the non-performance may give rise to damages to the co-contractor, the amount of which must be declared as a liability within one month of the date of termination  or, at the lessor's option, within two months of the publication of the opening judgment in the BODACC (Bulletin officiel des annonces civiles et commerciales), if this date is later . Thus, a lessor cannot obtain payment of an advance on the amount of damages since this compensating claim must be reported as a liability during the procedure, even if it is subsequent to the opening judgment .

The text adds that the other party may nevertheless defer the return of the sums paid in excess by the debtor in performance of the contract until a decision on damages has been made.

Cass. com., 5 February 2020, LawLex202100005164JBJ (LJ).

Cass. com., 31 May 2016, LawLex202100003355JBJ (LJ).

Cass. com., 26 March 2013, LawLex202100001154JBJ (LJ).

Cass. com., 24 January 2018, LawLex202100003326JBJ (RJ).

Bankruptcy Law

112. Compensation resulting from the fault of the receiver or from the termination

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112. Compensation resulting from the fault of the receiver or from the termination

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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