Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Part 2: Safeguard
Part 3: Judicial receivership
Title 1: Opening of the court-supervised liquidation
Title 2: Judicial liquidation judgment
Section 1: Preparation of the sale plan
Section 2: Court ruling must adopt the sale plan
I: Formalism
III: Penalties for failure to execute deeds of transfer
Section 4: Effects of the transfer
Section 5: Incidents relating to the implementation of the sale plan
Chapter 2: Transfer of the debtor's assets
Title 4: Settlement of liabilities
Title 5: Closure of court-supervised liquidation operations
Title 6: Simplified court-supervised liquidation
Title 7: Professional recovery
Part 5: Responsibilities and penalties
896. Exclusion of contractual or common law obstacles
1 minute de lecture
The Court of Cassation has ruled that contractual clauses which call into question the content and objectives of the approved plan are null and void. This is the case for a resolutory clause included in the deed of sale or a condition precedent contained in a leasing contract, under the terms of which any sublease must be authorized in advance by the lessor, failing which the resolutory clause wi …