Bankruptcy Law

Where the sale of all or part of the business has been ordered by the court pursuant to Article L. 631-22 of the Commercial Code, the legal representative receives the sale price regardless of whether or not the receiver has executed the deeds . The assignee is therefore required to pay the purchase price as soon as the judgment approving the plan is handed down. According to common practice among …

Obligation to pay the price

Where the sale of all or part of the business has been ordered by the court pursuant to Article L. 631-22 of the Commercial Code, the legal representative receives the sale price regardless of whether or not the receiver has executed the deeds . The assignee is therefore required to pay the purchase price as soon as the judgment approving the plan is handed down. According to common practice among traders, an offer to purchase under a disposal plan that does not specify a price exclusive or inclusive of tax must be interpreted as referring to a price exclusive of tax .

The transferee, who may not be subject to any obligations other than the commitments entered into during the preparation of the plan, may not be held liable for any specific debt owed by the transferor in addition to the sale price . On the other hand, he may not refuse to complete the sale under the terms of his offer, if he has formulated a proposal at a reduced price following his assessment of the risks of the transaction and the seller has not breached his obligation to deliver . A supplier is entitled to terminate the contract immediately following the insolvency of its dealer if it establishes that the purchaser, who does not provide the financial guarantees it claimed, will not be able to pay the sale price .

Where the debtor benefits from a receivership plan, the legal representative remits the price to the commissioner for the enforcement of the plan . The debtor company may not take the place of the commissioner for the enforcement of the plan, who alone has the right to recover the sale price, in order to claim that the price has not been paid and to pursue payment of the price for its own benefit and not with a view to its distribution . If the debtor is subsequently placed in compulsory liquidation, the legal representative retains the price in his capacity as liquidator or remits it to the liquidator appointed by the court .

Cass. com., 9 January 2001, LawLex202200000799JBJ (RJ).

CA Metz, 9 February 2012, LawLex202200008466JBJ (RJ).

Cass. com., 14 October 1997, LawLex202100001194JBJ (RJ).

CA Versailles, 23 March 2000, LawLex200200005005JBJ (RJ).

Cass. com., 19 October 2010, LawLex202300002627JBJ (RJ).

Bankruptcy Law

613. Obligation to pay the price

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613. Obligation to pay the price

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise