Bankruptcy Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Preventing difficulties
Part 2: Safeguard
Part 3: Judicial receivership
Chapter 1: Substantive conditions
I: Declaration of cessation of payments by the debtor
II: Referral to the court at the request of the public prosecutor
III: Appointment of a creditor
Section 2: Jurisdiction of the court
Section 3: Examination of the referral
Title 2: Judicial liquidation judgment
Title 3: Realization of 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
662. Violation of the constitutional principle of impartiality
1 minute de lecture
Originally, Article L. 640-5(1) of the Commercial Code allowed the court to initiate a court-supervised liquitation procedure on its own initiative. Pursuant to Article R. 631-3 , relating to ex officio seizures, the court was required to convene the parties beforehand. Consequently, the judgment which, on application to open a safeguard procedure, opened court-supervised liquidation procedure, ne …
