Bankruptcy Law

Under Article L. 624-9 of the Commercial Code, the owner of an asset held by a debtor in safeguard procedure must, within a fixed period of three months, claim his right of ownership over it. This time-limit runs from the publication of the opening judgment , even if the safeguard is subsequently converted into a receivership or court-supervised liquidation procedure .
Consequently, the time-limit …

Claim period

Under Article L. 624-9 of the Commercial Code, the owner of an asset held by a debtor in safeguard procedure must, within a fixed period of three months, claim his right of ownership over it. This time-limit runs from the publication of the opening judgment , even if the safeguard is subsequently converted into a receivership or court-supervised liquidation procedure .

Consequently, the time-limit for reclaiming a machine for which the transfer of ownership to the debtor has not taken place, in the absence of payment of the price fixed in the contract of sale, has as its starting point the publication of the opening judgment . The submission to the time-limit of Article L. 624-9 is not called into question when the bankruptcy judge grants an additional period to the receiver to decide on the continuation of the leasing contract . On the other hand, the action for payment against the sub-purchaser, which arises from the action for recovery without being confused with it, is not subject to the three-month time-limit .

Cass. com., 14 November 2000, LawLex202200001999JBJ (LJ) ; 3 April 2001, LawLex202100003301JBJ (RJ).

Cass. com., 13 February 1990, LawLex202100003390JBJ (S).

Cass. com., 5 May 2004, LawLex202100002294JBJ (RJ).

Cass. com., 14 March 1995, LawLex202100003414JBJ (RJ).

Cass. com., 15 February 2000, LawLex202100003388JBJ (LJ).

Bankruptcy Law

215. Claim period

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215. Claim period

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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