Bankruptcy Law

Article L. 622-7 of the Commercial Code, which applies to the receivership procedure on the basis of Article L. 631-14, prohibits the debtor from paying claims arising prior to the opening judgment and subsequent claims not mentioned in Article L. 622-17 of the same code. The text does not, however, cover the payment of debtor claims by a third party.
Such payment can be made by delegation, define …

Payment of debtor's claims by a third party

Article L. 622-7 of the Commercial Code, which applies to the receivership procedure on the basis of Article L. 631-14, prohibits the debtor from paying claims arising prior to the opening judgment and subsequent claims not mentioned in Article L. 622-17 of the same code. The text does not, however, cover the payment of debtor claims by a third party.

Such payment can be made by delegation, defined in Article 1336 of the Civil Code as the operation whereby one person, the delegator, obtains from another, the delegate, an obligation to a third, the delegatee, who accepts the delegator as debtor. In this way, the debtor can obtain from a third party the payment of sums owed to the creditor, which has been accepted by case law, notably for the payment of rent that became due after the opening judgment .

It is also accepted that a third-party notice for the benefit of the Trésor public, relating to a successively enforced rent claim, issued against the debtor's tenant before the opening judgment, continues to have effect on sums due under this claim even after the judgment, since payment of the claims referred to in Article L. 622-7 is not prohibited if made by a third party .

Lastly, the Court of Cassation considers that the assignment of professional claims, made for collateral purposes, does not amount to payment of the guaranteed claim, which would be contrary to Article L. 622-7 .

Cass. com., 30 March 2005, LawLex202100002755JBJ (RJ) ; 26 November 2002, LawLex202100005238JBJ (LJ).

Cass. com. 8 July 2003, LawLex202100002754JBJ (RJ). Previously, see Cass. com. 24 October 1995, LawLex202100005234JBJ (RJ), considering that the claim for rent due after the debtor's bankruptcy is unavailable because it is subject to the prohibition on payments, so that it escapes the transfer-assignment effected by the receiver's notice in favor of the Treasury prior to the judgment of bankruptcy.

Cass. com., 22 March 2017, LawLex202100002756JBJ (LJ).

Bankruptcy Law

391. Payment of debtor's claims by a third party

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Les notions juridiques connexes

391. Payment of debtor's claims by a third party

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise