Bankruptcy Law

As soon as the property of the claiming owner is in the hands of a third party, who holds it for his own account, the latter may avail himself of the provisions of Article 2276(1) of the Civil Code, which states that in the case of movables, possession is equivalent to title, to oppose the claim. 
Thus, a pledgee, presumed possessor in good faith, who is not obliged to check that the goods held by …

Third party holder

As soon as the property of the claiming owner is in the hands of a third party, who holds it for his own account, the latter may avail himself of the provisions of Article 2276(1) of the Civil Code, which states that in the case of movables, possession is equivalent to title, to oppose the claim. 

Thus, a pledgee, presumed possessor in good faith, who is not obliged to check that the goods held by the debtor are not encumbered by a retention-of-title clause at the time the pledge is constituted, may invoke his right of retention against the seller with retention of title, in order to block his action to reclaim the goods . Whenever the third party holder is considered to be in good faith, the owner is deprived of the right to claim his property, since the provisions of Article L. 624-16, applicable to the court-supervised liquidation procedure by reference to Article L. 641-14, do not derogate from those of Article 2276 of the Civil Code .

On the other hand, if the third party does not hold the goods in good faith, the owner may base his claim on paragraph 2 of Article 2276, which gives him a claim for three years from the date of the loss or theft, against the person in whose hands he finds it, unless the latter takes action against the person from whom he holds it. Since the owner of goods sold subject to retention of title bases his claim on the provisions of Article 2276 of the Civil Code and not on those of Article L. 624-16 of the Commercial Code , there is no need to investigate whether the goods are found in kind in the assets of the sub-purchaser when his insolvency procedure is opened, but only to ascertain whether he came into possession of them in bad faith . A claim by a bank subrogated to the rights of a seller with reservation of title in respect of goods transferred to the debtor, against a sub-purchaser who was aware that the goods had previously been in the possession of a person who was not the owner, is admissible insofar as only possession free of defects by the sub-purchaser himself or by another person can prevent the claim from being asserted . 

Article 2286 of the Civil Code also establishes a right of retention in favor of the person to whom the thing has been delivered until payment of his claim, or whose unpaid claim results from the contract which obliges him to deliver it, or whose unpaid claim has arisen during the holding of the thing, or of the person who benefits from a pledge without dispossession. A real right opposable to all, including third parties not bound by the debt, the right of retention under Article 2286 enables holders of property belonging to the debtor, whose sale price has not been paid in full by the latter, to legitimately oppose the restitution of the disputed equipment, as long as they have not been paid in full their claim for occupancy indemnity, arising from the holding of this equipment .

Cass. com., 26 May 2010, LawLex202100001720JBJ (LJ) ; 11 September 2012, LawLex202100003381JBJ (LJ) ; 3 October 1989, LawLex202100003380JBJ (LJ).

Cass. com., 19 May 1987, LawLex202100001716JBJ (LJ).

Applicable to the court-supervised liquidation procedure by reference to art. L. 641-14 C. com.

Cass. com., 17 November 2021, LawLex202200000405JBJ, LawLex202200000610JBJ, LawLex202200000609JBJ (LJ).

Cass. com., 5 March 1996, LawLex202100001721JBJ (LJ).

Cass. 1re civ., 20 December 2017, LawLex202100003438JBJ (LJ).

Bankruptcy Law

864. Third party holder

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864. Third party holder

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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