Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Part 2: Safeguard
Title 1: Opening of the receivership procedure
Title 2: Observation period
Title 3: Drawing up the economic, social and environmental balance sheet
Title 4: Determining the debtor's assets and liabilities
Title 5: Receivership plan
Chapter 1: Subsidiary nature of the sale plan
Section 1: Preparing the sale plan
Section 2: Court ruling must adopt the sale plan
I: Formalism
III: Penalties for failure to complete transfer deeds
Section 4: Effects of the transfer
Section 5: Incidents of enforcement of the sale plan
Title 7: Closure of the procedure
Part 4: Court-supervised liquidation and professional recovery
Part 5: Responsibilities and penalties
610. Exclusion of legal or contractual impediments
1 minute de lecture
The Court of Cassation has ruled that contractual clauses that call into question the content and objectives of the approved plan are ineffective. This is the case for a resolutory clause included in the deed of assignment or a condition precedent contained in a leasing contract, under which any subletting must be authorized in advance by the lessor, failing which the resolutory clause will apply …