The receiver shall record the automatic termination of the contract at the request of the other
party:
-
if the trustee does not comply with the formal notice under Article 108 above within the
time limit, while highlighting that providing the service promised to the other party
before the expiry of such period shall mean the decision to pursue the contract;
-
if the trustee, after requiring the pursuance of the contract does not provide the promised
service to the other party or in the event of default of a due payment where the contract
execution or payment in installments over time.
The receiver may declare the termination of the contract at the request of the trustee:
-
provided that it does not excessively damage the interests of the other contractual party,
when the trustee decides not to pursue the contract, in the absence of any formal notice or
when, after requiring the execution of a running contract, he notices that this contract is
not or is no longer useful for the pursuit of the activity or the safeguard of the debtor
company;
-
If after requiring the execution of a running contract in which the debtor shall pay a sum
of money, the trustee notices that he may not render the promised service or he does not
dispose of the necessary funds to meet the obligations of the next installment.
The termination may give rise to damages for which amount is marked on the liabilities of
reorganization or assets liquidation proceedings. The other party shall have thirty (30) days from
the realization of assets to file his claim. These damages may be offset against claims arising out
of the breach of contract, prior to the opening of the bankruptcy proceedings decision.
Unofficial translation
Spot-checked
In force from 10 September 2015
Source page 73