Seller's Reservation of Title vs. Buyer's Bankruptcy
Synthèse Legislator
Généré par l'IAA dispute arose concerning the validity of a sale agreement after the seller, who had not yet received payment for the movable goods, sought judicial dissolution of the sale due to the buyer's failure to pay, arguing that the transfer of ownership was suspended until full payment. The court rejected the seller's claim, reasoning that the applicable commercial law provision stipulated that a seller's reservation of title for non-payment only becomes enforceable against third parties if recorded in a specific register, and since the sale did not meet this formal requirement, the seller could not use the non-payment to undo the transfer of ownership against the buyer's bankruptcy administrator.
Regeste Legislator
Généré par l'IASeller's Reservation of Title vs. Buyer's Bankruptcy: The court rejected the seller's claim, reasoning that the applicable commercial law provision stipulated that a seller's reservation of title for non-payment only becomes enforceable against third parties if recorded in a specific register, and since the sale did not meet this formal requirement, the seller could not use the non-payment to undo the transfer of ownership against the buyer's bankruptcy administrator.