A company, whatever it size, form or importance is never away from financial difficulties that could lead it to collective proceeding. This situation is not without any consequences on the company's players, especially, creditors, who are the main collaborators in the company's exercise. Thus, to pr...

International audience

Commentary on case-law: with regard to the judgment of the Commercial Chamber of the Court of Cassation of 13 February 2007 (Appeal No 03-11.025. Judgment No 1891) The failure to produce the schedule for the assignment of claims to the common fund of claims under the conditions laid down by the legi...

International audience

National Report for the Hearing

This contribution analyses the recent legislative reforms in this area and the relevant case-law.

(Com. 12 October. 1993, Blockeel c/Plantin)

national hearing

The Article 2093 of the Civil Code provides that: "The debtor's property is the common pledge of his creditors; and the price is distributed among them by contribution, unless there are legitimate reasons of preference between the creditors". Indeed, our law recognizes two categories of security int...

The widespread interdependence through global challenges and expectations related to contextual problems has shifted the philosophical and political debate towards questions about the role and place of actors in collective decision-making processes. It is from this fact that the central question on...

Restructuring are complex processes during which company management plans are discussed and sometimes called into question by staff representatives. Thus, restructuring is not limited to managerial rhetoric about the inevitable nature of the company’s adaptation, but presupposes the existence of ‘ru...

<![CDATA[Je participe depuis juillet au processus de concertation engagé par le gouvernement sous l'intitulé "Refondons l'école de la République", au titre des personnalités qualifiées. En fait, le coeur de cible de la concertation est l'ensemble des représentants du monde éducatif : organisations r...

National audience Research Action in Partnership combines the production of knowledge, the transformation of social realities and the strengthening of individual and collective skills. The book provides the basis for research and action in partnership in agriculture and elements to put it into pract...

National hearing No abstract

National audience

. In general, succession periods, as a test for the legitimacy of authoritarian regimes, are delicate phases to be managed by the governors. Some perform better than others in the Maghreb, like others. At the turn of the 2000s, half a century after independence, succession analysts in Morocco, Jorda...

This work analyses the process of selecting initiatives for local production of collective goods in two contexts in Beninese rural areas: that of the pre-decentralisation period in 2003 and the period relating to decentralisation. He raised the question of the impact of decentralisation on the invol...

The law of collective proceedings for clearing off depts which replaces the former bankruptcy law pursues an economic objective the reason why it carries certain exceptions to the common procedure law. As such, the judge of collective proceedings has powers of initiative in the institution and condu...

National hearing No abstract

International audience

(Paris, 8 Sept. 1998, Me Ravise-Bés v/SARL Le grand Carénage, novelty)

Civil liability and collective procedures, are terms in the effects a priori irreconcilable. Nevertheless, the legal politics of the collective procedure uses, so as to coherent and opportunist time, the civil liability, which is then put in the service of its purposes and of his regime and the use...

National hearing