Bankruptcy Law

The current contract is terminated ipso jure “[i]f the other party has given the receiver formal notice to decide whether or not to continue the contract, and the receiver has failed to respond for more than one month ” . Although there is no formal requirement to do so, a request from a co-contractor concerning the procedure to be followed for claims prior to and subsequent to the date of opening …

Receiver's or debtor's formal notice

The current contract is terminated ipso jure “[i]f the other party has given the receiver formal notice to decide whether or not to continue the contract, and the receiver has failed to respond for more than one month ” . Although there is no formal requirement to do so, a request from a co-contractor concerning the procedure to be followed for claims prior to and subsequent to the date of opening of the debtor's insolvency procedure does not constitute formal notice to the receiver to exercise the option to continue the contract . Similarly, an order to pay rental arrears issued by the lessor, who states that he intends to avail himself of an assignment clause in the leasing contract, cannot serve as formal notice .

Under the terms of Article L. 622-13, III, the bankruptcy judge may, before the expiry of the one-month period, set the receiver a shorter deadline or grant him an extension, which may not exceed two months, to reach a decision. The request for an extension must be made and obtained within one month of the formal notice . The court registrar notifies the contracting party of the bankruptcy judge's decision to grant the extension, while the receiver, at the request of any interested party, declares the contract terminated ipso jure if the formal notice has remained unanswered on expiry of the period granted .

The receiver's renunciation of the continuation of a current contract is irrefragably presumed after a formal notice has remained unanswered for more than a month , even if the rents due under the lease have been paid during the option period granted by the bankruptcy judge .

If no receiver has been appointed, and the debtor holds the option under Article L. 627-2 of the Commercial Code, the formal notice must be sent to the debtor by registered letter with acknowledgement of receipt, with a copy to the legal representative . Article R. 627-2 of the Commercial Code stipulates that the legal representative must inform the debtor and the co-contractor of his opinion without delay, and adds that in the absence of a response within fifteen days of receipt of the formal notice by the debtor, the latter may refer the matter to the bankruptcy judge. Referral to the bankruptcy judge suspends the one-month response period provided for in 1° of III of Article L. 622-13. The court registrar must notify the other party of this referral and its suspensive effect. If the debtor remains silent for more than one month, this constitutes a waiver of the right to continue the contract, as is the case when a receiver is appointed .

C. com, art. L. 622-13, III, applicable to the receivership procedure on reference from art. L. 631-14, l.

CA Paris, 28 February 2008, LawLex202100003204JBJ (RJ).

Cass. com., 17 February 2015, LawLex202200000492JBJ (LJ).

Cass. com., 4 February 1992, cited above.

C. com., art. R. 622-13, applicable by reference to art. R. 631-20.

Cass. com., 4 February 1992, LawLex202200001213JBJ (RJ) ; 11 December 1990, LawLex202200001212JBJ (RJ) ;

Cass. com., 20 May 1997, LawLex202100003376JBJ (RJ).

C. com., art. R. 627-1, applicable by reference to art. R. 631-38.

Cass. com., 22 October 1996, LawLex202100005167JBJ (RJ) ; 9 January 1996, LawLex202100005141JBJ (RJ).

Bankruptcy Law

367. Receiver's or debtor's formal notice

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367. Receiver's or debtor's formal notice

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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