Bankruptcy Law

Termination of a commercial lease entitles the lessor to compensation, firstly where the receiver is at fault, and secondly in the event of non-performance of the lease.
1) Liability of the receiver
In theory, the receiver or liquidator must compensate the lessor for any damage caused. However, a receiver cannot be held liable for failure to terminate a lease , or for non-payment by the debtor com …

Indemnities resulting from the receiver's fault or termination

Termination of a commercial lease entitles the lessor to compensation, firstly where the receiver is at fault, and secondly in the event of non-performance of the lease.

In theory, the receiver or liquidator must compensate the lessor for any damage caused. However, a receiver cannot be held liable for failure to terminate a lease , or for non-payment by the debtor company of rent under the current contract , where it has not been shown that the lessor has put him on notice to pay the rent due during the insolvency procedure and has requested judicial termination or a declaration that the contract has been terminated ipso jure.

Article L. 641-12 of the Commercial Code does not specifically provide for compensation to be paid to the lessor of a debtor in receivership in the event of termination of the lease by the legal representative. However, under the terms of Article L. 641-12(6) of the Commercial Code, the lessor's lien is determined in accordance with the first three paragraphs of Article L. 622-16. Consequently, in the event of termination of a commercial lease, non-performance of the contract may give rise to damages payable to the co-contractor , the amount of which must be declared as a liability within one month of the date of termination  or, at the lessor's option, within two months of publication of the opening judgment in the BODACC, whichever is the later . A lessor may not obtain payment of an advance on the amount of damages, since this indemnity claim must be declared as a liability of the procedure, even if it is subsequent to the opening judgment .

Cass. com., 5 February 2020, LawLex202100005164JBJ (LJ).

Cass. com., 31 May 2016, LawLex202100003355JBJ (LJ).

C. com. L. 622-16, para. 2, applicable to the court-supervised liquidation procedure by reference to art. L. 641-12, al. 6.

C. com. R. 622-21, para. 2, applicable to the court-supervised liquidation procedure on reference from art. R. 641-25.

Cass. com., 26 March 2013, LawLex202100001154JBJ (LJ).

Cass. com., 24 January 2018, LawLex202100003326JBJ (RJ).

Bankruptcy Law

805. Indemnities resulting from the receiver's fault or termination

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805. Indemnities resulting from the receiver's fault or termination

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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