Bankruptcy Law

The claim of assets resulting from a contract in progress on the day the safeguard procedure were opened posed a difficulty as to the starting point of the time-limit for the action. Under the Act of 25 January 1985 , the Court of Cassation considered that the time-limit for claiming assets covered by a contract in force on the date of the opening of the procedure did not run when the contract had …

Property regime for a continuing contract

The claim of assets resulting from a contract in progress on the day the safeguard procedure were opened posed a difficulty as to the starting point of the time-limit for the action. Under the Act of 25 January 1985 , the Court of Cassation considered that the time-limit for claiming assets covered by a contract in force on the date of the opening of the procedure did not run when the contract had not been terminated ipso jure . 

From now on, Article L. 624-10-1 of the Commercial Code dissociates the exercise of the action from the material restitution of the thing. Indeed, when the right to restitution has been recognized, and the property is the subject of a contract in progress on the day of the opening of the procedure, the effective restitution takes place on the day of the termination or the end of the contract. Thus, the Court of Cassation considers that once the opening judgment has been made, the owner is obliged to exercise the action for restitution within the three-month time-limit of Article L. 624-9 , even if the effective restitution of the thing is deferred to the date of the termination or the end of the contract.

Where the property sold has been lost or destroyed after the commencement of the procedure, and in the absence of termination or expiry of the term, the owner is not required to institute the action for recovery provided for in Article L. 624-9 in order to be able to exercise his rights in respect of the insurance indemnity substituted for that property .

Law No 85-98 of 25 January 1985 on the receivership and liquidation of companies.

Cass. com., 7 November 2006, LawLex202100003309JBJ (RJ) ; 15 February 2005, LawLex202100003427JBJ (LJ) ; 4 March 2003, LawLex202100003422JBJ (LJ).

Cass. com., 16 September 2014, LawLex202100003393JBJ (LJ).

Cass. com., 16 September 2008, LawLex202200003710JBJ.

Bankruptcy Law

212. Property regime for a continuing contract

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

212. Property regime for a continuing contract

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise