Bankruptcy Law

Termination of a commercial lease entitles the lessor to compensation, firstly when the receiver is at fault, and secondly in the event of non-continuation of the lease.
1) Receiver's liability
Under Article 1240 of the Civil Code, “Any act of man, which causes damage to another, obliges the person by whose fault it occurred to repair it”. However, a legal representative cannot be held liable for  …

Indemnities resulting from the receiver's fault or from the termination

Termination of a commercial lease entitles the lessor to compensation, firstly when the receiver is at fault, and secondly in the event of non-continuation of the lease.

Under Article 1240 of the Civil Code, “Any act of man, which causes damage to another, obliges the person by whose fault it occurred to repair it”. However, a legal representative cannot be held liable for failure to terminate a lease , or for non-payment by the debtor company of rent under the ongoing contract , where it has not been shown that the lessor has put him on notice to pay the rent due during the insolvency procedure, and requested legal termination or had the contract terminated ipso jure.

Under Article L. 622-14, 1° of the Commercial Code, applicable to the receivership procedure by reference to Article L. 631-14, where termination occurs as a result of the receiver's decision not to continue the lease, non-performance may give rise to damages payable to the co-contractor, the amount of which must be declared as a liability within one month of the date of termination  or, at the lessor's option, within two months of publication of the opening judgment in the BODACC (Official Bulletin of Civil and Commercial Announcements), whichever is the later . This means that a lessor cannot obtain payment of an advance on the amount of damages, since this indemnity claim must be declared as a liability of the procedure, even if it is subsequent to the opening judgment . The text adds that the co-contractor may nevertheless defer restitution of sums paid in excess by the debtor in performance of the contract until a ruling has been made on damages.

Cass. com., 5 February 2020, LawLex202100005164JBJ (LJ).

Cass. com., 31 May 2016, LawLex202100003355JBJ (LJ).

C. com. R. 622-21(2), applicable by reference to art. R. 631-27.

Cass. com., 26 March 2013, LawLex202100001154JBJ (LJ).

Cass. com., 24 January 2018, LawLex202100003326JBJ (RJ).

Bankruptcy Law

382. Indemnities resulting from the receiver's fault or from the termination

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Les notions juridiques connexes

382. Indemnities resulting from the receiver's fault or from the termination

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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