Bankruptcy Law

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

Date of transfer of rights and obligations

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

On the one hand, the Court of Cassation considers that the transfer of rights and obligations under a sale plan takes effect when the transferee takes possession of the assets . Accordingly, a 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 rents from the date of entry into possession, and not from the date of the court ruling must adopting the sale plan . The effective date of the assignor's obligation to deliver must 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 assignee pending completion of the assignment deeds . 

Alternatively, the Court of Cassation uses the date of enforcement of the deeds required to complete the assignment as the date of transfer of the rights included in the plan . In fact, when the court ruling adopting the plan authorizes the receiver to entrust the transferee with the management of the business as soon as it is pronounced, the transfer of the assets and rights included in the plan does not occur until the deeds necessary to complete the assignment have been passed .

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

891. Date of transfer of rights and obligations

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Les notions juridiques connexes

891. 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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