Bankruptcy Law

The receiver can only demand performance of ongoing contracts if he is able to provide the promised service to the debtor's co-contractor . The promised performance includes, in particular, the payment of sums due on their due date , all necessary repairs, other than rental, under the terms of the lease continued after the opening judgment , but also the cessation of the debtor's contractual breac …

Debtor's obligations

The receiver can only demand performance of ongoing contracts if he is able to provide the promised service to the debtor's co-contractor . The promised performance includes, in particular, the payment of sums due on their due date , all necessary repairs, other than rental, under the terms of the lease continued after the opening judgment , but also the cessation of the debtor's contractual breaches .

The mere opening of the insolvency procedure does not oblige the other party to resume work if the debtor fails to remedy the breaches that justified suspension . Nor can the receiver force the reiteration of a current sales contract by deed if he fails to pay the other party the price of the shares in question . Similarly, the continuation of a contract for the provision of hotel rooms, for which the co-contractor had invoked the defense of non-performance due to the establishment's non-compliance with the specifications, cannot be demanded if the receiver cannot justify any improvement in the hotel structure, or the reconstitution of a sufficient and competent team of staff to be able to provide the promised service .

C. com. L. 622-13, II, applicable to receivership by reference from art. L. 631-14.

Cass. com., 4 July 2018, LawLex202100002320JBJ (S).

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

Cass. com., 3 April 1990, LawLex200200005777JBJ (LJ).

Cass. com., 10 October 2018, LawLex202100002311JBJ (RJ).

Cass. com., 22 October 1996, LawLex202100002292JBJ (LJ).

Cass. com., 13 October 1998, LawLex202200001449JBJ (LJ).

Bankruptcy Law

371. Debtor's obligations

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

371. Debtor's obligations

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