JURITEXT000006947018 Généré par l'IA

Creditor v. Estate of Deceased Endorser (Timeliness of Claim Filing)

Numéro de cause JURITEXT000006947018

Autorité / Tribunal Cour d'appel de Saint-Denis de la Réunion

Juridiction

France (FR)

Date de la décision 2005-11-18

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A dispute arose from a debt evidenced by a promissory note endorsed by a third party who subsequently died, leading the creditor to pursue the debt against the endorser's estate, which contested liability based on the creditor's alleged failure to timely file a declaration of claim with the liquidator of the estate as required by law; the appellate court upheld the lower court's decision dismissing the claim, reasoning that the statutory deadline for filing claims against an estate had passed, rendering the claim unenforceable against the estate, notwithstanding the initial validity of the promissory note and the endorsement.

Regeste Legislator

Généré par l'IA

Creditor v. Estate of Deceased Endorser (Timeliness of Claim Filing): A dispute arose from a debt evidenced by a promissory note endorsed by a third party who subsequently died, leading the creditor to pursue the debt against the endorser's estate, which contested liability based on the creditor's alleged failure to timely file a declaration of claim with the liquidator of the estate as required by law; the appellate court upheld the lower court's decision dismissing the claim, reasoning that the statutory deadline for filing claims against an estate had passed, rendering the claim unenforceable against the estate, notwithstanding the initial validity of the promissory note and the endorsement.