Bankruptcy Law

The judgment opening or pronouncing the court-supervised liquidation automatically entails, as from its date, the deprivation of the debtor's management and disposal of the assets making up the patrimony engaged in the professional activity, including those he has acquired in any capacity whatsoever until the court-supervised liquidation is closed . The extension of a court-supervised liquidation  …

Deprivation of the debtor's and disposal powers

The judgment opening or pronouncing the court-supervised liquidation automatically entails, as from its date, the deprivation of the debtor's management and disposal of the assets making up the patrimony engaged in the professional activity, including those he has acquired in any capacity whatsoever until the court-supervised liquidation is closed . The extension of a court-supervised liquidation procedure entails, for the debtor to whom the procedure is extended, the same deprivation of the management and disposal powers of his assets.

This deprivation, which does not affect his right of ownership over the assets in question or the rights and actions attached to his person, is justified by the public interest, since its purpose is to re-establish the pledge of creditors compromised by the merger of assets and liabilities or the fictivity of the legal person . The restrictions on the conditions for exercising the right of ownership and the freedom to conduct a business which may result from the extension of a court-supervised liquidation procedure do not constitute a disproportionate interference with the aim pursued, which is to reconstitute the assets of persons who have abused the legal personality they enjoy either by combining their assets or by constituting only the appearance of a company .

Lastly, the debtor who is the subject of the extension is not entitled to plead, in place of the debtor who was initially subject to the insolvency procedure, that the latter is not involved .

Cass. com., 8 October 2012, LawLex202100004160JBJ (LJ).

Cass. com., 13 September 2011, LawLex202100006055JBJ (LJ).

Bankruptcy Law

650. Deprivation of the debtor's and disposal powers

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

650. Deprivation of the debtor's and disposal powers

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise