01/03/2018 | Commercial leases

Résiliation du bail après ouverture d'un redressement judiciaire

Commentaire de l'arrêt de Cass. 3ème civ., 15 novembre 2017, AJDI, mars 2018

Where judicial reorganisation is converted into judicial liquidation, there is no need to serve on the creditors’ representative (mandataire judiciaire) a formal demand to pay rent falling due after the judgment opening the judicial reorganisation, where such rent had previously been the subject of a formal demand served on the manager of the debtor company during the observation period; and since the action seeking a declaration that the termination clause has taken effect for non-payment of rent falling due after the judgment opening the insolvency proceedings was brought more than three months after that judgment, it is admissible.

Blatter Seynaeve
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