Bankruptcy Law

The action for relief from foreclosure may only be brought within the six-month period stipulated in Article L. 622-26(3) of the Commercial Code , which runs from publication of the opening judgment, without distinction as to whether the creditor's place of business is in France or abroad .
It expires on the day of the last year which has the same number as the day of the decision . For the guaran …

Time-limit

The action for relief from foreclosure may only be brought within the six-month period stipulated in Article L. 622-26(3) of the Commercial Code , which runs from publication of the opening judgment, without distinction as to whether the creditor's place of business is in France or abroad .

It expires on the day of the last year which has the same number as the day of the decision . For the guarantee institutions against the risk of non-payment of wages, mentioned in Article L. 3253-14 of the Labor Code, the period runs from the expiry of the period during which the claims resulting from the employment contract are guaranteed by these institutions; for the holders of a published security or linked to the debtor by a published contract, it runs from receipt of the notice given to them.

For creditors who can prove that they were unable to learn of the debtor's obligation before the expiry of the six-month period, the starting date of the action period is postponed to the date on which it is established that they could not have been unaware of the existence of their claim. Initially of one year, the time-limit applicable to unaware creditors was reduced to six months by the Ordinance of 12 March 2014 . Article L. 622-26(3) which does not exclude any creditor who is unable to ascertain the existence of his or her claim within the six-months of the additional period granted to take action for relief from foreclosure, does not violate any constitutional principle . In application of these provisions, an action for relief from foreclosure, brought beyond the pre-set time-limit , is inadmissible where the creditor had unquestionable knowledge of his claim  and had received a letter from the liquidator informing him of his possible status as a creditor . Similarly, the Trésor Public's claim for relief from foreclosure, submitted out of time, must be declared inadmissible where the State had sufficient means and time to make its declaration in accordance with the rules of national law . This is the case of a State which, seeking to recover its claim on a debtor in an insolvency procedure, to whom it has granted unlawful aid, had sufficient means and time after notification of the Commission's decision to make its claim declaration in accordance with the rules of national law, without this resulting in an infringement of Union law .

Applicable to the court-supervised liquidation on reference from art. L. 641-3 C. com.

Cass. com., 16 November 2010, LawLex202100001178JBJ (LJ).

Cass. com., 6 February 1996, LawLex202100002299JBJ (LJ).

Ordinance No 2014-326 of 12 March 2014 concerning reform of the prevention of business difficulties and insolvency proceedings.

Cass. com., 5 September 2013, LawLex202100001180JBJ (RJ).

Cass. com., 1 July 1997, LawLex202100001176JBJ (RJ).

Cass. com., 1 October 2013, LawLex202100002300JBJ (RJ).

Cass. com., 5 February 2013, LawLex202100002301JBJ (LJ).

Cass. com., 26 February 2013, LawLex202100003120JBJ (LJ).

Cass., com., 11 December 2012, LawLex201200002460JBJ (LJ) ; 23 April 2013, LawLex202100002811JBJ (LJ).

Bankruptcy Law

747. Time-limit

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Les notions juridiques connexes

747. Time-limit

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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