The following acts may be declared unenforceable to the creditors’ union if they had prejudice to:
1) gratuitous transfer of title of movable or immovable property made within six (06) months prior to the suspect period;
2) onerous transactions if those dealing with the debtor had knowledge of the debtor’s insolvency at the time of their conclusion;
P. 58 of 139
3) Voluntary payments of due debts if the beneficiaries had knowledge of the debtor’s insolvency at the time of payment.
By way of derogation to the third point of paragraph 1 of this Article, payment to the diligent bearer of a bill of exchange, a promissory note or a check shall be enforceable to the union, except in the following cases where suit can be filed against:
1) the drawer or the order giver when drawing in the name of somebody who has had knowledge of the drawee’s insolvency, either at the time of drawing or at the time of payment of the bill of exchange to him made by the drawee;
2) the beneficiary of the promissory note had knowledge of the subscriber’s insolvency, either at the time of the confirmation of the note by him, or at the time of payment to him made by the subscriber;
3) the check drawer had knowledge of the drawee’s insolvency at the time of the issuance of the check;
4) the beneficiary of a check had knowledge of the drawer’s insolvency at the time of the issuance of the check;
5) The beneficiary of a check had knowledge of the drawee’s insolvency either at the time of the issuance of the check, or at the time of the payment of the check.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 57
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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