JURITEXT000006955181 Généré par l'IA

Contractual Termination Clause Upon Bankruptcy Upheld Against Claim of Excessive Burden

Numéro de cause JURITEXT000006955181

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-17

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A lower court wrongly concluded that a contractual clause permitting immediate termination upon a debtor's bankruptcy, even if the debtor had provided a security interest over movable property to guarantee performance, was non-written because it imposed an excessive burden on the debtor; the high court ruled that this clause did not violate public order as it merely specified a condition for the termination of the contract, which is permissible under the law, and did not constitute an unlawful forfeiture of the security interest, which must be governed by specific rules.

Regeste Legislator

Généré par l'IA

Contractual Termination Clause Upon Bankruptcy Upheld Against Claim of Excessive Burden: A lower court wrongly concluded that a contractual clause permitting immediate termination upon a debtor's bankruptcy, even if the debtor had provided a security interest over movable property to guarantee performance, was non-written because it imposed an excessive burden on the debtor; the high court ruled that this clause did not violate public order as it merely specified a condition for the termination of the contract, which is permissible under the law, and did not constitute an unlawful forfeiture of the security interest, which must be governed by specific rules.