Cour de Cassation, Chambre commerciale, du 17 mars 1981, 79-11.941, Publié au bulletin
Presiding Judge | Pdt M. Vienne |
Case Outcome | REJET |
Date | 17 mars 1981 |
Counsel | M. Nicolas |
Docket Number | 79-11941 |
Court | Chambre Commerciale, Financière et Économique (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre commerciale N. 146 |
ATTENDU QU'IL EST FAIT GRIEF A L'ARRET ATTAQUE (BORDEAUX, 6 JUIN 1979) D'AVOIR CONVERTI EN LIQUIDATION DES BIENS LES REGLEMENTS JUDICIAIRES DE LA SOCIETE ETABLISSEMENTS BOUCHARESSAS ET DE BOUCHARESSAS, PROPRIETAIRE DU FONDS DE COMMERCE, DONNE PAR LUI EN GERANCE A CETTE SOCIETE, ALORS, SELON LE POURVOI, QUE LES JUGES DU FOND PEUVENT REFUSER D'HOMOLOGUER UN CONCORDAT QUAND IL N'A PAS ETE VOTE PAR LES CREANCIERS OU QUAND IL N'APPARAIT PAS SERIEUX ; QU'ILS NE PEUVENT REFUSER D'HOMOLOGUER UN CONCORDAT POUR DEFAUT DE SERIEUX, SANS RECHERCHER PAR DES ELEMENTS TIRES DU CONCORDAT LUI-MEME, DANS QUELLE MESURE IL N'EST PAS CONFORME A L'INTERET DES CREANCIERS ; QU'EN ESTIMANT DES LORS QUE LE CONCORDAT N'ETAIT PAS SERIEUX PAR DES CONSIDERATIONS ETRANGERES AU CONCORDAT...
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