Bankruptcy Law

Any act or payment made in violation of the principle prohibiting the payment of prior claims or non-privileged claims is cancelled at the request of any interested party or the public prosecutor . Any interested party may obtain the annulment of the payment of a claim arising prior to the opening judgment, and claim restitution of sums paid in respect of annulled payments . The liquidator may obt …

Sanctioning prohibited payments

Any act or payment made in violation of the principle prohibiting the payment of prior claims or non-privileged claims is cancelled at the request of any interested party or the public prosecutor . Any interested party may obtain the annulment of the payment of a claim arising prior to the opening judgment, and claim restitution of sums paid in respect of annulled payments . The liquidator may obtain a declaration of nullity of a payment made by the receiver in respect of a claim arising prior to the opening judgment, even if it was a substantial condition for the continuation of a contract by the other party .

The text provides that the claim for nullity must be brought within three years of the conclusion of the deed or the payment of the claim. An action for rescision and restitution of successive loan repayments must therefore be brought within three years of each payment claimed to be null and void . Where the deed is subject to publication, the time-limit runs from the date of publication. The time-limit is three years from the date of payment, even in the case of a contract of carriage, for which the limitation period is in principle one year , and even if payment has been made by way of set-off of interrelated claims when the conditions for such set-off were not met, failing the creditor to have duly declared his interrelated claim .

Finally, no set-off is authorized between the restitution debt resulting from the invalidity of payment of a prior claim and a claim admitted to the debtor's liabilities .

C. com. L. 622-7, III, applicable to the receivership procedure on reference from art. L. 641-3.

Cass. com., 30 May 2006, LawLex202100002273JBJ (RJ).

See by analogy, Cass. com., 28 May 2002, LawLex202100005241JBJ (RJ).

Cass. com., 16 June 2021, LawLex202100005844JBJ (LJ).

Cass. com., 20 October 2021, LawLex202200000301JBJ (RJ).

Cass. com., 22 March 2017, LawLex202100002276JBJ (RJ).

Bankruptcy Law

703. Sanctioning prohibited payments

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Les notions juridiques connexes

703. Sanctioning prohibited payments

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise