Bankruptcy Law

The receiver  or, failing that, the liquidator, can only demand performance of current contracts if he is able to provide the promised service to the debtor's co-contractor . The promised performance includes, in particular, the payment of sums due on their due date , all necessary repairs, other than rental, under the lease contract continued after the opening ruling , but also the cessation of t …

Debtor's obligations

The receiver  or, failing that, the liquidator, can only demand performance of current contracts if he is able to provide the promised service to the debtor's co-contractor . The promised performance includes, in particular, the payment of sums due on their due date , all necessary repairs, other than rental, under the lease contract continued after the opening ruling , but also the cessation of the debtor's contractual breaches . 

The mere opening of the insolvency procedure does not oblige the co-contractor to resume performance of the work if the debtor fails to remedy the breaches which justified their suspension . Nor can the receiver force the reiteration of an everyday assignment contract by deed if he fails to pay the other party the price of the shares in question . Similarly, the continuation of a contract for the provision of hotel rooms, for which the co-contractor had invoked the exception of non-performance due to the establishment's non-compliance with the specifications, cannot be demanded if the receiver cannot justify any improvement in the hotel structure, or the reconstitution of a sufficient and jurisdictional staff team to be able to provide the promised service .

Cass. com., 4 July 2018, LawLex202100002320JBJ (S).

Cass. com., 29 April 2002, LawLex202100002518JBJ (LJ).

Cass. com., 3 April 1990, LawLex200200005777JBJ (LJ).

Cass. com., 10 October 2018, LawLex202100002311JBJ (RJ).

Cass. com., 22 October 1996, LawLex202100002292JBJ (LJ).

Cass. com., 13 October 1998, LawLex202200001449JBJ (LJ).

Bankruptcy Law

794. Debtor's obligations

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

794. Debtor's obligations

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise