Bankruptcy Law

An ongoing contract may be continued without the other party having given the receiver formal notice to decide whether or not it should be continued . In the absence of formal notice from the receiver or, failing that, from the debtor, the contract is not terminated ipso jure, even if the receiver fails to act . In fact, the contract may continue after the opening of the insolvency procedure, with …

Fate of contract in the absence of formal notice

An ongoing contract may be continued without the other party having given the receiver formal notice to decide whether or not it should be continued . In the absence of formal notice from the receiver or, failing that, from the debtor, the contract is not terminated ipso jure, even if the receiver fails to act . In fact, the contract may continue after the opening of the insolvency procedure, without the need for the insolvency authorities to formulate a request for continuation , or for the receiver to perform the contract, in the absence of an express or tacit option on his part .

If the debtor's co-contractor has not served formal notice, the receiver may expressly or tacitly decide to continue the contract. He expressly opts for the continuation of the agency contract when he sends a letter to the agent informing him that he is ready to study any serious proposal and submit it to the court as part of a disposal plan . Similarly, a request for an extension of the deadline for deciding on the continuation of a contract is an indication of the company's intention to continue with the contract, even in the absence of a formal notice to opt, and despite the subsequent annulment of the extension ordinances by the bankruptcy judge .

The receiver tacitly opts for the continuation of the current contract when, as part of the plan, he continues to use the service offered by the provider , when he accepts, after the opening of the debtor's insolvency procedure, that the debtor pays rent due under a lease contract , or when he does not hand over the keys to the leased premises to the lessor . This intention can also be inferred from opposition to the notary's deposit of rent collected . Finally, the legal representative tacitly opts for the renewal of the current contract, even in the absence of prior formal notice, when he declares in his pleadings that he does not wish to terminate a contract . Similarly, a receiver who joins a law firm in its submissions on behalf of a debtor tacitly opts to continue contractual relations with the debtor, even if he has chosen to be represented by another law firm . On the other hand, a letter from the receiver requesting a new loan from the debtor's bank does not constitute a waiver of the right to continue the previous loan .

Cass. com., 20 June 2000, LawLex202100005161JBJ (RJ).

Cass. com., 5 July 2005, LawLex202200001221JBJ (RJ).

Cass. com., 8 March 2017, LawLex202100003311JBJ (LJ).

See by analogy, Cass. com., 24 March 205, LawLex202100002425JBJ (LJ).

Cass. com., 28 January 1997, LawLex202100005037JBJ (RJ).

Cass. com., 25 October 2017, LawLex201700001745JBJ (LJ).

Cass. com., 7 November 2006, LawLex202100003309JBJ (RJ).

Cass. 1re civ., 13 July 2004, LawLex202100005036JBJ (RJ).

Cass. com., 19 October 1993, LawLex202100005136JBJ (LJ).

Cass. com., 3 December 1996, LawLex202100005034JBJ (LJ).

Cass. com., 2 April 1996, LawLex202200001220JBJ (LJ).

Cass. com., 29 April 2002, LawLex202100002518JBJ (LJ).

Bankruptcy Law

368. Fate of contract in the absence of formal notice

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368. Fate of contract in the absence of formal notice

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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