Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Chapter 1: Conditions relating to the person of the debtor
Chapter 2: Conditions relating to difficulties encountered
I: Merger of assets and liabilities
II: Fictivity of the legal entity
Section 2: Conditions of the action
Section 3: Effects of extension
Section 4: Special case of sole traders
Chapter 4: Procedural requirements
Title 2: Observation period
Title 3: Drawing up an economic, social and environmental report
Title 4: Determination of debtor's assets
Title 5: Safeguard plan
Title 6: Accelerated safeguard
Part 3: Judicial receivership
Part 4: Court-supervised liquidation and professional recovery
Part 5: Responsibilities and penalties
45. Legislative consecration of the extension of procedure.
1 minute de lecture
As early as the nineteenth century, case law allowed, as a matter of sanction, that an insolvency proceeding opened against a debtor be extended to a company that was not experiencing any difficulties, on the basis of a merger of assets or fictitiousness of the legal entity. The 2005 law formally enshrined this option in Article L. 621-2 of the Commercial Code. Henceforth, the safeguard procedure …
