Notwithstanding any statutory provision or any contractual clause, no indivisibility, termination or cancellation of the lease of buildings used in the business of the debtor, including premises, which, depending on the buildings, used as dwelling for the debtor or his family, may be caused by the mere opening of the reorganization or assets liquidation proceedings. articles 108 (2) and 109 hereinafter shall not apply to the lease of buildings used in the business of the debtor, including the premises which, depending on the buildings, are used as dwellings of the debtor or his family.
P. 68 of 139 The trustee, in case of assets liquidation, or the debtor assisted by the trustee, in case of reorganization, may continue the lease or may assign it under the conditions set forth in the contract entered into with the lessor and all rights and obligations relating thereto.
If the trustee, in the instance of assets liquidation, or the debtor assisted by the trustee in the event of reorganization, decides not to continue the lease contract, it shall be terminated by simple notification of the bailiff or notification by any means proving actual receipt by the addressee. The termination shall take effect on the expiry of the period notified in this Act, which shall not be less than thirty (30) days.
The lessor who intends to request or wishes to record the termination for reasons related to cases prior to the opening decision shall, if he has not already done so, introduce his request within thirty (30) days following the second publication of legal notices in the State party concerned.
The lessor who intends to apply for termination of the lease for reasons subsequent to the opening decision shall introduce his request within fifteen (15) days from the day he is informed by the lessee of the reasons thereof. Such decision shall be pronounced when collateralsecurities offered to secure the priority of the lessor are considered insufficient by the competent court.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 67
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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