The opening of collective proceedings shall not as of right entail the termination of the lease on
buildings occupied for the exercise of the professional activity of the debtor; this shall include
premises adjoining the buildings occupied by the debtor or his family as a dwelling house. Any
provision to the contrary shall be disregarded.
In the case of liquidation, the Bankruptcy Trustee, and in case of receivership, the debtor assisted
by Bankruptcy Trustee, may continue enjoying the lease alongside the rights and obligations
attached thereto or transfer same on terms possibly contained in the contract concluded with the
lessor.
Where, in the case of liquidation, the Bankruptcy Trustee, and in case of receivership, the debtor
assisted by the Bankruptcy Trustee, decides not to continue with the lease, it shall be terminated
upon a simple notice made by any extrajudicial act. The termination shall take effect at the end
of the period for notice stipulated in the said act which shall not be less than thirty days.
The lessor who intends to request or have recorded the termination of a lease for reasons which
existed prior to the decision to open proceedings shall, where he has not yet done so, submit his
request within a period of one month following the second publication of the lease in a
newspaper empowered to publish legal notices provided for in Article 36 above or the publication
in the Official Gazette provided for in Article 37 (3) above.
The lessor who intends to formally request for the termination of a lease for reasons occurring
after the decision to open proceedings shall make the request within the time limit of fifteen
days from the date when he had knowledge of the reason for such termination. Termination shall
be ordered by the competent court where the guarantees offered are considered inadequate to
safeguard the preferential right of the lessor.
Official translation
Spot-checked
In force from 10 April 1998
Source page 35