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Jurisdiction of the liquidator: jurisdiction and limits
The case revolves around a situation where a Société Civile Immobilière (SCI) sells one of its buildings, but the buyer delays registering the price. In addition , the manager of the SCI is placed in judicial liquidation . In this case, the liquidator sells the purchaser and claims €23,000 as compensation for late consignment. The crucial question is whether the liquidator has the power to act on behalf of the SCI.
Initially, the judges consider that the liquidator is competent in the matter. They base their reasoning on the fact that the judicial liquidation judgment implies that the debtor waives the administration and disposal of his property. Consequently, during the duration of the judicial liquidation, the liquidator exercises the rights and actions attached to these assets, as specified in article L. 641-9 of the Commercial Code (c.com. art. L. 641- 9).
However, the Court of Cassation invalidates this argument by specifying that the liquidator only has prerogatives over the assets of the liquidator, which includes the assets of the manager. The liquidator has no authority over the assets of the SCI, as the SCI itself is not in liquidation.
Judgment of the Court of Cassation: Specifying the powers of the liquidator
The judgment of the Court of Cassation specifies the extent of the powers of the liquidator. It reinforces the idea that the powers of the liquidator are limited to the assets of the natural person in liquidation and do not extend to the assets of the SCI or any other entity not subject to liquidation proceedings.
This decision highlights the importance of properly delineating the powers and jurisdiction of a liquidator. It emphasizes that the power of the liquidator is specific to the assets and business of the natural person in liquidation, and confers neither control nor authority on unrelated entities, such as an SCI in this case.
In conclusion, the competence of the liquidator to act on behalf of the SCI is called into question in the context of deferred consignment and judicial liquidation of the manager. While the initial judgment considered the liquidator to be competent, the Court of Cassation specified that the authority of the liquidator is limited to the assets of the liquidated person. This decision recalls the limits and limits of the powers of a liquidator and underlines the need for a clear understanding of his competence in such cases.
