Bankruptcy Law

Under the terms of Article L. 642-7(2) of the Commercial Code , the judgment which must adopt the plan entails the transfer of these contracts. In the absence of precise provisions as to the date of transfer of ownership of the assets included in the disposal plan, the case law solutions use two different dates, excluding that of the judgment which must adopt the disposal plan.
On the one hand, th …

Date of transfer of rights and obligations

Under the terms of Article L. 642-7(2) of the Commercial Code , the judgment which must adopt the plan entails the transfer of these contracts. In the absence of precise provisions as to the date of transfer of ownership of the assets included in the disposal plan, the case law solutions use two different dates, excluding that of the judgment which must adopt the disposal plan.

On the one hand, the Court of Cassation considers that the transfer of rights and obligations under a disposal plan takes effect when the transferee takes possession . Accordingly, the transferee of the assets of a debtor company, to whom leasing contracts are assigned, is only liable to the lessor for payment of the related rent from the date on which it takes possession and not from the date of the judgment must adopting the disposal plan . The date of the assignor's obligation to deliver should also be the date on which the assignee takes possession of the assigned business, and not the date on which management is entrusted to the assignor pending completion of the assignment .

The Court of Cassation considers the date on which the deeds necessary for the sale are executed and the date on which the rights included in the plan are transferred . Where the judgment adopting the plan authorizes the receiver to entrust the transferee with the management of the business as soon as it is pronounced, the disposal of the assets and rights included in the plan does not take place until the instruments necessary for completion of the assignment are executed .

Applicable to the receivership procedure on reference from art. L. 631-22 C. com.

CA Pau, 13 September 2012, LawLex202300004421JBJ (RJ).

Cass. com., 6 January 1998, LawLex202100001160JBJ (RJ).

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

Cass. com., 6 December 1994, LawLex202300004744JBJ (RJ).

Cass. com., 26 January 1993, LawLex202300004765JBJ (RJ).

Bankruptcy Law

605. Date of transfer of rights and obligations

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605. Date of transfer of rights and obligations

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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