Bankruptcy Law

The bodies of the insolvency procedure may, on a personal basis, incur liability in tort, within the framework of the revendication procedure, on the basis of Article 1240 of the Civil Code. This is particularly the case of a legal representative who does not respect the provisions of Article R. 624-16 of the Commercial Code requiring him to remit to the claimant the sums paid by the sub-purchaser …

Responsibility of the procedural bodies

The bodies of the insolvency procedure may, on a personal basis, incur liability in tort, within the framework of the revendication procedure, on the basis of Article 1240 of the Civil Code. This is particularly the case of a legal representative who does not respect the provisions of Article R. 624-16 of the Commercial Code requiring him to remit to the claimant the sums paid by the sub-purchaser after the opening of the procedure, in the event of the resale of his property.

In fact, the legal representative incurs liability when he fails, prior to the sale of a property which is likely to be claimed by its owner, to send a formal notice to the owner and then to deposit the sale price to keep it at his disposal . In the event of a failure to protect the claimant's rights, the legal representative is required to compensate the claimant's loss to the extent of the value, at the time of the claim, of the property that remained unpaid and unreturned, and not the lower price at which the property was subsequently sold on the basis of an ordinance of the bankruptcy judge . Upon being informed of the existence of a stock of identifiable bottles, the ownership of which is reserved, and of the claim, the legal representative must take all appropriate measures to preserve the rights of the claimants, in particular by refraining from selling the stock as part of a plan of assignment .

Similarly, where a receiver is appointed, it is his duty to take all precautionary measures to enable the possible restitution of the thing at the end of the revendication procedure, on pain of incurring his liability to the seller . The receiver is obliged to wait for the expiry of the time-limit for reclaiming a property subject to a title retention clause of which he is aware, before proceeding with its realisation, under penalty of engaging his liability towards the reclaiming seller who has not given his agreement to the resale and to whom he must pay the balance of the price still due . He is also liable when he sells goods subject to a retention of title held by the debtor without allocating the funds from this sale to the settlement of the claimant's debt as soon as the claim is settled . On the other hand, the legal representative, who, with regard to his mission of assistance, involves the seller who claims the goods with a title retention clause in the drawing up of the inventory, then excludes these goods from the scope of the transfer of the business and draws the attention of the purchaser to the need to pay him the price received on the occasion of the resale, does not commit any fault likely to engage his liability .

Cass. com., 2 June 2015, LawLex202100003432JBJ (LJ).

Cass. com., 1st December 2015, LawLex202100003437JBJ (RJ).

Cass. com., 25 October 2017, LawLex202100003425JBJ (LJ).

Cass. com., 28 June 2017, LawLex202100003424JBJ (LJ).

Cass. com., 4 January 2000, LawLex202100001723JBJ (RJ).

Cass. com., 17 October 2018, LawLex202100003669JBJ (LJ).

Bankruptcy Law

224. Responsibility of the procedural bodies

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224. Responsibility of the procedural bodies

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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