Bankruptcy Law

Article L. 632-2 of the Commercial Code gives the court the power, rather than the obligation, to declare certain acts null and void where they have occurred since the date of cassation of payments ceased , i.e. during the suspect period that extends until the opening judgment.
Before declaring assignments of claims made during the suspect period null and void and ordering the repayment of their a …

Specific case of optional nullities

Article L. 632-2 of the Commercial Code gives the court the power, rather than the obligation, to declare certain acts null and void where they have occurred since the date of cassation of payments ceased , i.e. during the suspect period that extends until the opening judgment.

Before declaring assignments of claims made during the suspect period null and void and ordering the repayment of their amount, the court is required to determine whether they are the result of an agreement to assign business claims entered into before the date on which payments ceased .

Article L. 632-1, II also gives the court the power to cancel gifts transferring ownership of movable or immovable property and declarations of unseizability made in the six months preceding the date of cessation of payments. This text makes it possible to extend the suspect period beyond the date of cessation of payments. As a result, a gift made a few weeks before the cessation of payments, when the debtor, given formal notice by the bankruptcy judge, was unable to pay two monthly instalments under the plan, is null and void .

Cass. com., 30 March 2010, LawLex202100003445JBJ (RJ).

Cass. com., 24 September 2003, LawLex202100003678JBJ (LJ).

Bankruptcy Law

480. Specific case of optional nullities

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Les notions juridiques connexes

480. Specific case of optional nullities

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise