Bankruptcy Law

Article L. 622-7 of the Commercial Code, applicable to the court-supervised procedure by reference of Article L. 641-3, prohibits the debtor from paying claims prior to the opening judgment and claims subsequent thereto, insofar as these are not mentioned in Article L. 622-17 of the same code. The text does not, however, cover the payment of debtor claims by a third party.
Such a payment can be ma …

Payment of debtor's claims by a third party

Article L. 622-7 of the Commercial Code, applicable to the court-supervised procedure by reference of Article L. 641-3, prohibits the debtor from paying claims prior to the opening judgment and claims subsequent thereto, insofar as these are not mentioned in Article L. 622-17 of the same code. The text does not, however, cover the payment of debtor claims by a third party.

Such a payment can be made by virtue of the delegation mechanism, which Article 1336 of the Civil Code defines as the operation by which one person, the delegator, obtains from another, the delegate, an obligation towards a third, the delegatee, who accepts him as debtor. In this way, the debtor can obtain from a third party the payment of sums owed to the creditor, which has been accepted by case law, notably for the payment of rent that became due after the opening judgment .

It is also accepted that a third-party notice in favor of the Trésor, which concerns a successively enforced rent claim, issued against the debtor's tenant before the opening judgment, continues to have effect on the sums due under this claim even after the judgment, since payment of the claims referred to in Article L. 622-7 is not prohibited if made by a third party .

Lastly, the Court of Cassation considers that the assignment of business claims, made by way of guarantee, does not amount to payment of the guaranteed claim, which would be contrary to Article L. 622-7 .

Cass. com., 30 March 2005, LawLex202100002755JBJ (RJ) ; 26 November 2002, LawLex202100005238JBJ (LJ).

Cass. com. 8 July 2003, LawLex202100002754JBJ (RJ). See earlier, Cass. com. 24 October 1995, LawLex202100005234JBJ (RJ) considering that the claim for rent due after the debtor's insolvency procedure was unavailable as it was subject to the prohibition on payments, so that it escaped the transfer-assignment effected by the notice of the receiver in favor of the Treasury before the opening judgment.

Cass. com., 22 March 2017, LawLex202100002756JBJ (LJ).

Bankruptcy Law

701. Payment of debtor's claims by a third party

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Les notions juridiques connexes

701. Payment of debtor's claims by a third party

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