Bankruptcy Law

The bodies involved in the insolvency procedure may be personally liable in tort, in the context of the action in revendication, on the basis of Article 1240 of the Civil Code. This is the case in particular of a legal representative who fails to comply with the provisions of Article R. 624-16 of the Commercial Code , which requires him to remit to the claimant, up to the amount of his claim, the  …

Liability of legal representative or receiver

The bodies involved in the insolvency procedure may be personally liable in tort, in the context of the action in revendication, on the basis of Article 1240 of the Civil Code. This is the case in particular of a legal representative who fails to comply with the provisions of Article R. 624-16 of the Commercial Code , which requires him to remit to the claimant, up to the amount of his claim, the sums paid by the sub-purchaser after the opening of the procedure in the event of the resale of his property.

In fact, the legal representative incurs liability when he fails, prior to the sale of a property likely to be subject to a restitution claim by its owner, to send the owner a formal notice and then to deposit the sale price in order to hold it at the owner's disposal . If the legal representative fails in his duty to protect the claimant's rights, he is required to compensate the claimant's loss to the extent of the value, at the time of the claim, of the property that remained unpaid and unreturned, and not the lower price at which it was subsequently sold pursuant to an ordinance of the bankruptcy judge . When informed of the existence of a stock of identifiable bottles, the ownership of which is reserved, and of the claim, the legal representative must take all appropriate measures to preserve the rights of the claimants, in particular by refraining from selling the stock as part of a disposal plan .

Similarly, where a receiver is appointed, it is the receiver's responsibility to take all precautionary measures to enable the item to be returned at the end of the reclamation procedure, failing which the receiver will be liable to the seller . The receiver is required to wait for the expiry of the time period for reclaiming an asset subject to a retention of title clause of which he is aware before proceeding with realisation, failing which he is liable to the reclaiming seller who has not agreed to resale and to whom he must pay the balance of the price still due . The receiver is also liable if it sells goods subject to a retention of title clause held by the debtor without allocating the funds from the sale to the payment of the claimant's debt once the claim has been settled . On the other hand, a receiver who, as part of his task of providing assistance, involves the seller who is claiming the property with a retention of title clause in drawing up the inventory, then excludes this property from the scope of the transfer of the business and draws the buyer's attention to the need to pay him the price received on the resale, does not commit any fault likely to engage his liability . A receiver who was not informed of the existence of a retention of title clause either by the inventory drawn up by the debtor or by the owner of the assets before the end of his assignment cannot be held liable for failing to preserve the assets present in kind on the date of the opening judgment .

Applicable by reference to art. R. 631-31.

Cass. com., 2 June 2015, LawLex202100003432JBJ (LJ).

Cass. com., 1 December 2015, LawLex202100003437JBJ (RJ).

Cass. com., 25 October 2017, LawLex202100003425JBJ (LJ).

Cass. com., 28 June 2017, LawLex202100003424JBJ (LJ).

Cass. com., 4 January 2000, LawLex202100001723JBJ (RJ).

Cass. com., 17 October 2018, LawLex202100003669JBJ (LJ).

Cass. com., 27 September 2016, LawLex202100005232JBJ (LJ).

Bankruptcy Law

526. Liability of legal representative or receiver

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526. Liability of legal representative or receiver

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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