Where the Bankruptcy Trustee fails to make a choice or to provide the promised service within
the time limit specified in the notice, his failure to do so may, besides the contract being
cancelled, give rise to damages the amount of which shall be added to the debts in favour of the
other party.
A party to the contract may not offset the advance he received for services not yet provided by
him against the damages due for the cancellation of the said contract. However, the competent
court in which his action for cancellation against the Bankruptcy Trustee is brought may award
compensation or authorize him to defer the refund of the said advance until a decision on the
claim for damages is taken.
Official translation
Spot-checked
In force from 10 April 1998
Source page 38