Bankruptcy Law

Although the provisions of Articles L. 632-1 and L. 632-2 do not affect the validity of the payment of a bill of exchange, promissory note or cheque, the receiver or the legal representative may, pursuant to Article L. 632-3(2) of the Commercial Code, bring an action for recovery against the drawer of the bill of exchange or, in the case of a draw on account, against the originator, as well as aga …

Bills of exchange

Although the provisions of Articles L. 632-1 and L. 632-2 do not affect the validity of the payment of a bill of exchange, promissory note or cheque, the receiver or the legal representative may, pursuant to Article L. 632-3(2) of the Commercial Code, bring an action for recovery against the drawer of the bill of exchange or, in the case of a draw on account, against the originator, as well as against the beneficiary of a cheque and the first endorser of a promissory note, if it is established that they had knowledge of the cessation of payments.

This is the case when the cheques issued have significantly encumbered the debtor's patrimony and do not correspond, contrary to his assertions, to the payment of salaries  and when their beneficiary was aware of the debtor's state of cessation of payments . Similarly, the payment of promissory notes during the suspect period may give rise to an action in remedy against the original endorser, even if their validity cannot be challenged . An action for contribution of the amount of a promissory note is admissible only if it is established that the bank receiving the payment was aware of the debtor's cessation of payments on the date the note was issued, and not on the date it was paid .

CA Versailles, 19 September 2013, LawLex202200006771JBJ (LJ).

CA Caen, 20 December 2018, LawLex202200006807JBJ (LJ). See by analogy Cass. com. 3 July 2012, LawLex202200008747JBJ (LJ), holding that the liquidator's action in relation to the URSAFF is admissible where this body, which initiated the procedure, was necessarily informed of the debtor's state of cessation of payments when it received payment, by bank cheque, of an arrears of contributions, and where the debtor provided the consideration to the credit institution issuing the cheque.

CA Reims, 4 June 2019, LawLex202200006812JBJ (RJ).

Cass. com., 5 May 2004, LawLex202200008745JBJ (LJ).

Bankruptcy Law

497. Bills of exchange

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497. Bills of exchange

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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