Legislative part

Claims on movables may only be made within three months of publication of the judgment initiating the proceedings.

The owner of a property is exempt from having his right of ownership recognised where the contract relating to that property has been advertised. He may claim restitution of his property under conditions laid down by decree in the Conseil d’Etat.

Where the right to restitution has been recognised under the conditions set out in Articles L. 624-9 or L. 624-10 and the asset is the subject of a contract in progress on the date the proceedings are opened, effective restitution takes place on the date the contract is terminated or expires.

The lien established by 3° of article 2332 of the Civil Code for the benefit of the seller of movables and the resolutory action may only be exercised within the limits of the provisions of articles L. 624-12 to L. 624-18 of this code.

Goods may be claimed if they exist in kind, in whole or in part, where the sale was rescinded prior to the judgment initiating the proceedings either by a court decision or by the operation of an acquired resolutory condition. The claim must likewise be admitted even though the cancellation of the sale has been pronounced or established by a court decision subsequent to the judgment opening the proceedings where…

Goods sent to the debtor may be claimed as long as the tradition has not been carried out in his warehouses or in those of the commission agent charged with selling them on his behalf. Nevertheless, the claim is not admissible if, before their arrival, the goods were resold without fraud, on regular invoices or transport documents.

Goods which are not delivered or dispatched to the debtor or to a third party acting on his behalf may be retained by the seller.

If they are still in the debtor’s portfolio, unpaid bills of exchange or other securities surrendered by their owner to be recovered or to be specially assigned to specific payments may be claimed.

Moveable assets given to the debtor on a precarious basis or those transferred to a trust of which the debtor retains the use or enjoyment in his capacity as settlor may be claimed, provided that they are in kind. Goods sold with a retention of title clause may also be claimed if they are in kind at the time the proceedings are opened. This clause must have been agreed between…