Bankruptcy Law

The transferee is required to pay the transfer price to the liquidator, who is then responsible for distributing it among the creditors . The debtor company may not take the place of the liquidator, who has sole authority to collect the purchase price, to claim that it has not been paid, and pursue payment of the purchase price for its own benefit and not with a view to its distribution .
Accordin …

Obligation to pay the price

The transferee is required to pay the transfer price to the liquidator, who is then responsible for distributing it among the creditors . The debtor company may not take the place of the liquidator, who has sole authority to collect the purchase price, to claim that it has not been paid, and pursue payment of the purchase price for its own benefit and not with a view to its distribution .

According to common practice among merchants, an offer to purchase within the framework of a disposal plan which does not mention a price exclusive or inclusive of tax, must be interpreted as referring to a price exclusive of tax . Furthermore, 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 assignor has not breached his obligation to deliver . A licensor is entitled to terminate the contract immediately if he establishes that the transferee, who does not provide the financial guarantees he has claimed, will not be able to pay the transfer price .

Where the transfer concerns a business, the transferee may, after payment of the purchase price, apply to the bankruptcy judge to have the registrations encumbering the business cancelled, in accordance with Article R. 642-10(2) of the Commercial Code. However, no proof of purge is required.

See by analogy, Cass. com., 19 October 2010, LawLex202300002627JBJ (RJ).

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).

Bankruptcy Law

899. Obligation to pay the price

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899. 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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