Une société qui était convenue de

Application pratique:

The Cour de cassation (France's highest civil court) held on 6 February 1996 that an agreed lease with all its essential terms is an 'ongoing contract' even if unsigned. The liquidator alone decides whether to continue it. If they refuse, the contract is not automatically wiped out. Mme Lefèvre should send a formal letter asking the liquidator to state their position, then ask the court to enforce the agreement or to terminate it. She should also declare her damages claim to the liquidation within the legal deadline, so she is not left out when creditors are paid.

Application pratique:

Under this case law, the liquidator's silence or refusal does not cancel the agreement. It gives M. Benoît a vested right to have the contract terminated by the court. He should serve a formal notice (mise en demeure) on the liquidator, asking for a decision within a short deadline. If there is no clear answer, he should apply to court for termination and declare his claim for damages and for his deposit, so it is registered as a debt of the liquidation. He should keep all emails, the signed heads of terms and proof of payment, and look for another warehouse in the meantime without waiting for the outcome.

Application pratique:

Because the lease terms were already fully agreed, it counts as an ongoing contract. The liquidator cannot simply ignore it, but they alone choose whether to carry it out. Mme Rossi should ask her lawyer to put the liquidator on formal notice and, if they refuse, ask the court either to order the lease to be put in writing (if the liquidator continues the contract) or to terminate it. In either case she should declare her loss, such as lost profit and costs already spent, to the liquidation. Before paying the full price for the business, she should make the sale conditional on the lease being signed.