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The creditors' representative, who has
Droit Immobilier

The creditors' representative, who has

📅 Decision of 31 May 1994🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

The creditors' representative, whose role is to defend the collective interest of the creditors, cannot in that capacity be ordered to pay the lessor the sums owed by the debtor in judicial reorganisation, as a result of the debtor's remaining in the leased premises without right or title, after the administrator in the collective proceedings failed to take a position within the time limits on the continuation of the lease.

Reference decision : cc • N° 91-16.016 • 1994-05-31 • Consult the decision →

This decision provides important insight into your property law rights. Here is what it changes for you.

The situation

The creditors' representative, whose role is to defend the collective interest of the creditors, cannot in that capacity be ordered to pay the lessor the sums owed by the debtor in judicial reorganisation, as a result of the debtor's remaining in the leased premises without right or title, after the administrator in the collective proceedings failed to take a position within the time limits on the continuation of the lease.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Scrupulously comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 91-16.016
  • Court: Cour de cassation
  • Decision of: 31 May 1994

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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