SECTION 71

Unenforceability shall benefit the union. 1) the union shall be ranked subordinate of the creditor whose security was declared unenforceable; P. 59 of 139 2) The gratuitous act declared unenforceable shall not be effected where it has not been implemented. On the contrary, the beneficiary of the gratuitous act shall return the asset for which ownership was transferred free of charge. In the case of a gratuitous subsequent transfer, the sub-buyer, even in good faith, shall be subject to enforceability and shall return the property or pay its net value, unless the property has disappeared from the estate as a result of a force majeure. In case of an onerous subsequent transfer, the sub-buyer shall be bound to return the asset or pay its net value only if, at the time of the purchase he had knowledge of the debtor’s insolvency. In any rate, the main beneficiary of the gratuitous act shall be compelled to pay the net value of the asset if the sub-buyer cannot or should not return the property. 3) payment declared unenforceable must be reported by the creditor who shall put it on the debtor’s claims. 4) If the impaired commutative contract declared unenforceable has not been executed, it shall no longer be executed. If it was executed, the creditor may only put it on the debtor’s claims for the fair value of the service he provided. With regards to an executed disposal, the purchaser shall report the asset and declare his claim in the debtor’s liabilities; if there was gratuitous subsequent transfer, the sub-buyer is required to return the property without appealing to the union of creditors; if the subsequent transfer was paid for, the sub-buyer is required to return the asset and to declare his claim in the debtor’s liabilities if, at the time of the acquisition of the property, he had knowledge of the unenforceable nature of the act of its author. If the debtor has received a portion or all the benefits of the other contractual party that cannot be returned in kind, the creditor must file his claim for the value of the service provided. P. 60 of 139