Bankruptcy Law

Pursuant to Article L. 624-16(2) of the Commercial Code, applicable to the court-supervised liquidation procedure by reference to Article L. 641-14, claims in their original condition may be made against movable assets incorporated into another asset when their separation can be effected without causing them damage. It is up to the claimant to establish the existence in kind of the assets claimed  …

Special case of reclaiming incorporated assets

Pursuant to Article L. 624-16(2) of the Commercial Code, applicable to the court-supervised liquidation procedure by reference to Article L. 641-14, claims in their original condition may be made against movable assets incorporated into another asset when their separation can be effected without causing them damage. It is up to the claimant to establish the existence in kind of the assets claimed in the assets of the latter, on the day of the opening of the insolvency procedure, and to demonstrate that the separation of the tangible assets incorporated in another asset is possible .

A claim for an item of movable property incorporated into another is admissible if it can be identified and separated, and if its dismantling requires only a possible repair, with no risk of damage to the debtor's assets . Similarly, the claim made by the owner of a greenhouse delivered to the debtor under an insolvency procedure and incorporated into real-estate items, which can be separated without damaging the neighboring property by sawing the posts at the height of the low walls so as not to cause any damage, or by freeing and unscrewing the feet of the sealed posts to prevent them from being blown away or distorted by the weather, is admissible . Engines sold with retention of title may be removed from the vehicles on which they are mounted without causing damage to each of the separate items . Tires mounted on vehicles can be claimed as long as their removal is not likely to cause any damage to the tires, wheels or vehicles .

On the other hand, digital controls, the return of which would involve disconnecting the cables, extracting the computer cards, dismantling the control panel, disconnecting and dismantling the electric motors and saving the programs cannot be considered, given the complexity of the operations, as being in their original condition at the time of the opening of the insolvency procedure . Similarly, the incorporation of pliers into a new assembly for which they have been specially designed and adapted, and in which each of the components is only useful in relation to the others and to the whole of which it forms a part, which entails their incorporation into an assembly line, deprives them of their original condition and precludes any claim to their price . In addition, notwithstanding any clause reserving ownership, an HVAC contractor who has installed heating, ventilation, plumbing and sanitary equipment in the debtor's building cannot claim them, since once they have been incorporated into the work, they no longer exist in kind .

Cass. com., 10 March 2015, LawLex202100001663JBJ (RJ). See also, a contrario, Cass. com., 28 September 2004, LawLex202100003635JBJ (RJ).

Cass. com., 2 November 2016, LawLex202100001661JBJ (LJ).

Cass. com., 5 October 1993, LawLex202100003634JBJ (LJ).

Cass. com., 21 March 2006, LawLex202100001660JBJ (LJ).

CA Douai, 5 June 2014, LawLex202100005233JBJ (LJ).

Cass. com., 24 March 2004, LawLex202100001662JBJ (RJ).

Cass. com., 6 July 1993, LawLex202100003639JBJ (RJ).

Cass. com., 2 March 1999, LawLex202100003362JBJ (RJ).

Bankruptcy Law

851. Special case of reclaiming incorporated assets

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851. Special case of reclaiming incorporated assets

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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