Bankruptcy Law

Under Article L. 641-11-1, IV of the Commercial Code, when termination of a contract is requested by the receiver or, in the absence of a receiver, by the liquidator, it is the responsibility of the bankruptcy judge to pronounce it, provided two cumulative conditions are met : termination must be necessary for liquidation operations and must not excessively harm the interests of the contracting pa …

Express request for termination by the receiver or liquidator

Under Article L. 641-11-1, IV of the Commercial Code, when termination of a contract is requested by the receiver or, in the absence of a receiver, by the liquidator, it is the responsibility of the bankruptcy judge to pronounce it, provided two cumulative conditions are met : termination must be necessary for liquidation operations and must not excessively harm the interests of the contracting party.  

For the liquidator, whose mission is to realize the debtor's assets as quickly as possible and under the best possible conditions, termination of the lease contract must be considered necessary for liquidation operations and in the interests of the creditors, given the debtor's inability to rent the premises and the substantial rent arrears . The termination of a current advertising space rental contract, which was not included among the contracts assigned as part of the disposal plan and which relates to the operation of part of the assigned premises, also appears necessary for the successful completion of the liquidation operations . The same applies to the termination of a management lease on a building owned by the debtor, where this is likely to enable the sale of the real estate assets .

The deprivation of the benefit of a sale resulting from the termination of a provisional sale agreement  or the termination of a residential lease when the dwelling in question constitutes the tenant's principal residence  may constitute an excessive interference with the interests of the co-contracting party. On the other hand, the tenant-manager cannot claim that the termination of a management lease for a business that he does not operate, and which he is no longer able to operate for both legal and material reasons relating to the lack of conformity of the premises, the loss of clientele, the lack of registration in the commercial register and the inopposability to third parties, is likely to have excessive consequences for him . 

Article R. 641-21(3) of the Commercial Code specifies that the legal representative's request for termination must be made by petition addressed to or filed with the court registry. The court registrar summons the debtor and the co-contractor by registered letter with acknowledgement of receipt and informs the receiver or, failing this, the liquidator of the date of the hearing.

See by analogy, CA Bordeaux, 4 August 2015, LawLex202100005081JBJ (S).

CA Aix-en-Provence, 15 November 2018, LawLex202300001788JBJ (LJ).

CA Bordeaux, 9 February 2016, LawLex202300001786JBJ (LJ).

CA Aix-en-Provence, 31 January 2013, LawLex202300001787JBJ (LJ).

CA Paris, 22 September 2011, LawLex202100005170JBJ (S).

Cass. com., 7 October 2020, LawLex202100006147JBJ (LJ).

Bankruptcy Law

799. Express request for termination by the receiver or liquidator

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799. Express request for termination by the receiver or liquidator

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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