Bankruptcy Law

Under the terms of Article L. 624-13 of the Commercial Code, applicable to the court-supervised liquidation procedure by reference to Article L. 641-14, goods shipped to the debtor may be claimed “as long as the tradition of the goods has not been carried out in the debtor's stores or in those of the commission agent responsible for selling them on the debtor's behalf”. 
The seller's action to cla …

Claim brought before property is conveyed

Under the terms of Article L. 624-13 of the Commercial Code, applicable to the court-supervised liquidation procedure by reference to Article L. 641-14, goods shipped to the debtor may be claimed “as long as the tradition of the goods has not been carried out in the debtor's stores or in those of the commission agent responsible for selling them on the debtor's behalf”. 

The seller's action to claim goods shipped to the debtor is no longer admissible as soon as they have been traditionally deposited in a store or warehouse on behalf of the debtor, who may dispose of them . The same applies to goods stored by a customs agent on his premises, on behalf of the debtor, since they must be considered as having been delivered to his warehouses . Nor can claims be made in respect of timber felled prior to the court ruling on the opening of the insolvency procedure, since the tradition in the purchaser's warehouses is deemed to have been fulfilled when the purchaser is authorized to exploit the timber . 

Paragraph 2 of Article L. 624-13 places a further reservation on the admissibility of claims in cases where, prior to their arrival, the goods have been resold without fraud, on the basis of invoices or regular transport documents.

Cass. com., 16 January 1973, LawLex202200003645JBJ (RJ).

Cass. com., 13 May 1986, LawLex202200003647JBJ (LJ).

Cass. com., 21 December 1971, LawLex202200003646JBJ (RJ).

Bankruptcy Law

867. Claim brought before property is conveyed

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867. Claim brought before property is conveyed

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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