Bankruptcy Law

Under Article L. 624-9 of the Commercial Code, which applies to the receivership procedure on the basis of Article L. 631-18, the owner of an asset held by the debtor must bring an action in revendication of the asset within a fixed period of three months. This period runs from the publication of the opening judgment , even if the receivership procedure is subsequently converted into a court-super …

Time-limit

Under Article L. 624-9 of the Commercial Code, which applies to the receivership procedure on the basis of Article L. 631-18, the owner of an asset held by the debtor must bring an action in revendication of the asset within a fixed period of three months. This period runs from the publication of the opening judgment , even if the receivership procedure is subsequently converted into a court-supervised liquidation .

Consequently, the time period for reclaiming a machine for which the transfer of ownership to the debtor has not taken place, in the absence of payment of the price fixed in the contract of sale, has as its starting point the publication of the judgment opening the insolvency procedure . Submission to the time-limit in Article L. 624-9 is not called into question when the bankruptcy judge grants an additional period to the receiver to decide whether to continue the leasing contract . On the other hand, an action for payment brought against the sub-purchaser, which arises from the action in revendication without being confused with it, is not subject to the three-month time-limit .

Cass. com., 14 November 2000, LawLex202200001999JBJ (LJ) ; 3 April 2001, LawLex202100003301JBJ (RJ).

Cass. com., 13 February 1990, LawLex202100003390JBJ (RJ).

Cass. com., 5 May 2004, LawLex202100002294JBJ (RJ).

Cass. com., 14 March 1995, LawLex202100003414JBJ (RJ).

Cass. com., 15 February 2000, LawLex202100003388JBJ (LJ).

Bankruptcy Law

517. Time-limit

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517. Time-limit

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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