Bankruptcy Law

When termination of the contract is requested by the receiver, it is up to the bankruptcy judge, under Article L. 622-13, IV of the Commercial Code , to pronounce it, if two cumulative conditions are met .
Firstly, termination must be necessary for the debtor's receivership. The request cannot be justified on any other grounds . The receiver's desire to obtain a better financial deal for his clien …

Express request for termination by the receiver or the debtor

When termination of the contract is requested by the receiver, it is up to the bankruptcy judge, under Article L. 622-13, IV of the Commercial Code , to pronounce it, if two cumulative conditions are met .

Firstly, termination must be necessary for the debtor's receivership. The request cannot be justified on any other grounds . The receiver's desire to obtain a better financial deal for his client than the one he had initially subscribed to, does not constitute a necessity of such a nature as to justify the termination of a provisional sale agreement .

Secondly, termination must not excessively harm the interests of the co-contracting party. This is the case of the deprivation of the benefit of a sale resulting from the termination of a preliminary sales agreement  or the loss of their principal residence by the lessees of a property rented by the debtor .

In the absence of the appointment of a receiver, Article L. 627-2 of the Commercial Code gives the debtor the option of requesting termination of the lease alone. Case law extends this right to other contracts, such as supply contracts, provided that termination enables the debtor to reduce its supply costs and does not excessively harm the creditor's interests .

Article R. 622-13(3) of the Commercial Code, applicable to the receivership procedure by reference to Article R. 631-20, stipulates that the receiver's request for termination must be made by petition addressed to or filed with the court registry. The court registrar summons the debtor and the co-contractor by registered letter with acknowledgement of receipt, and informs the receiver of the date of the hearing.

Applicable to the receivership procedure by reference from art. L. 631-14 C. com.

See for an application, CA Bordeaux, 4 August 2015, LawLex202100005081JBJ (S).

CA Paris, 22 September 2011, LawLex202100005170JBJ (S).

Cass. com., 7 October 2020, LawLex202100006147JBJ (LJ).

CA Poitiers, 7 May 2019, LawLex202100005085JBJ (S).

Bankruptcy Law

376. Express request for termination by the receiver or the debtor

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

376. Express request for termination by the receiver or the debtor

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise