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reserve the ownership of your goods to the French law is certainly possible.
This option provided by Act of May 12, 1980 was taken in a way expressed by the Law of 25 January 1985 on insolvency proceedings, is to let the seller and the owner of the goods sold until full payment of price by the buyer.
This right, however, eased as the retention of title is not automatic and obedient to the specific implementation conditions. The clause may be made at a framework agreement, but also be provided in the contract documents of the seller (copy commission, order confirmation, invoices)
This clause must be legible, bold, unequivocally in French language and refer to the French law.
Acceptance of the buyer may be some specific framework agreement (distribution, collaboration ...) stamped and signed by the parties or tacit, if this clause is provided for the Committee on the copy of the confirmation of order, and invoices (if the invoice is issued before delivery)) if the parties are in the business relationship for some time.
Consequently, the retention of title is enforceable against all parties, especially in case of bankruptcy of the debtor.
How to take advantage of Reserved Domain? There are two procedures:
- 1 - How to more complex , che prevede:
- Termine
Il venditore che beneficia di tale garanzia dispone di un termine di tre mesi che decorre dalla data di pubblicazione in un giornale di annunci legali del giudizio di “redressement” o liquidazione giudiziaria, gli conviene pertanto fare molta attenzione alle pubblicazioni legali e consultare periodicamente le banche dati specializzate.
- Formulazione
La formulazione sarà quella prevista dalla open insolvency proceedings and is addressed to the administrator, is the court-appointed liquidator.
- Terms
The action claims is subject to the existence of goods in kind in the holdings of the Day of Judgement debtor's bankruptcy, the existence proof is borne by the creditor.
administrator or liquidator may refuse that legal action if it considers that the evidence was not given or the retention of title is invalid.
In this case, the creditor could seize the Juge Commissaire (court officer) appointed in the bankruptcy of the debtor.
The parties called and listened to the Bankruptcy Judge makes a decree which may be appealed before the competent commercial court of the debtor in bankruptcy.
this procedure is clearly the assistance of a French lawyer.
- 2 - Simplified procedure with the publication of bills
However, there is a possibility to avoid claims by taking action occurred after the publication of sale or invoices with reservation of title.
This publication, which only costs a few euro, is completed and filed with the Registry of the Commercial Court of the debtor a form that bordereau de publication.
Following this publication, the court administrator or liquidator under their own responsibility and without intervention by the creditor, should contact the creditor:
- To report the existence of goods covered by reserves and their provision
- Or better yet, declare its interest to preserve them and pay interest if the debtor is
What happens if the debtor has sold the goods to a third party?
Evidently, in this case, the retention of title can not 'play any more because no real resale right can not' be opposite to the sub-purchaser.
However, if he is not yet fully paid, will be possible for the lender / seller who benefits from the Reserve to claim the money they deserve. If
publication, the action of claims will be made by the administrator or the court-appointed liquidator, under its own responsibility and without the intervention of the creditor.
What happens if the property sold under private domain has been integrated with another well?
The integrated so well can be claimed if the withdrawal does not harm the good in which it was built.
In conclusion, the retention of title is not an absolute guarantee of payment or claims but nevertheless has an advantage certain because it is automatic in the case of publication, and its low cost.
It is therefore recommended as a preventive measure, always carry the publication using the form can be 'grouped with several bills.
Tel +33478602703
Fax +33478623559
Cel +33685707202
It testo inglese di riferimento:
Commercial Code
Section 3: rights of the furniture salesman, claims and refunds.
Article L624-9 Claim furniture can be brought within three months following the publication of the decision opening the proceedings.
Article L624-10 Le propriétaire d'un bien est dispensé de faire reconnaître son droit de propriété lorsque le contrat portant sur ce bien a fait l'objet d'une publicité. Il peut réclamer la restitution de son bien dans des conditions fixées par décret en Conseil d'Etat.
Article L624-10-1 Lorsque le droit à restitution a été reconnu dans les conditions prévues aux articles L 624-9 ou 624-10 et que le bien fait l'objet d'un contrat en cours au jour de l'ouverture de la procédure, la restitution effective intervient au jour de la résiliation ou du terme du contrat.
Article L624-11 privilege and the right to claim established by the 4th section 2332 of the Civil Code to the seller of furniture and resolutory action can not be exercised within the limits provisions of Articles L. L. 624-12 624-18 of this Code.
Article L624-12 may be claimed, if they exist in nature, in whole or part, the goods whose sale has been resolved prior to opening the trial proceedings or by court decision or by set a condition subsequent acquired.
The claim must likewise be admitted that the resolution of the sale has been made or recorded by a court after the trial procedure when opening the action or claim resolution was brought before the trial opening of the seller for a reason other than failure to pay the price.
Article L624-13 may be claimed if they are shipped to the debtor as tradition hath not been done in their stores or in those of the commission charged to sell on his behalf.
Nevertheless, the claim is not admissible if, before their arrival, the goods were resold without fraud, invoice or regular tickets.
Article L624-14 may be retained by the seller that the goods are not delivered or sent to the debtor or a third party acting on its behalf.
Article L624-15 may be claimed if they are still in the debtor's portfolio of commercial paper or other non-paid, delivered by their owner to be recovered or to be specially allocated to specific payments.
Article L624-16 may be claimed, provided they are found in nature, the property delivered to a precarious debtor or those transferred to a trust estate which the debtor retains use or use as a constituent. Can also be claimed if they are found in nature at the time of initiation of proceedings, the property sold with a reservation of ownership. This clause must be agreed between the parties in writing later than the time of delivery. It can be written in a governing set of trade agreed between the parties. The claim in kind may be exercised under the same conditions on personal property incorporated into another property where the separation of property may be made without them suffer damage. The claim in kind may also be exercised when on fungible goods of like kind and quality as well is in the hands of the debtor or any person holding them on its behalf. In all cases, there is no need to claim if, by decision of the judge, the price is paid immediately. The judge may also, with the consent of the petitioning creditor, grant a settlement period. The payment is then compared to that of the claims mentioned in I articleThe 622-17
Article L624-17 administrator with the consent of the debtor or the debtor after default agreement the legal representative may agree to the request or claim for restitution of property described in this section. Failing agreement or in case of dispute, the application is brought before the judge, who decides the fate of the contract, given the comments of the creditor, du débiteur et du mandataire de justice saisi.
Article L624-18 Peut être revendiqué le prix ou la partie du prix des biens visés à l'article L 624_16 qui n'a été ni payé, ni réglé en valeur, ni compensé entre le débiteur et l'acheteur à la date du jugement ouvrant
la procédure. Peut être revendiquée dans les mêmes conditions l'indemnité d'assurance subrogée au bien.
Tel +33478602703
Fax +33478623559
Cell +33685707202
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