Conventions internationales : actions dérivant directement de la faillite
Auteur | Legal News |
Si l'article 1er, alinéa 2, de la Convention de Lugano du 16 septembre 1988 exclut du champ d'application cette Convention les faillites, concordats et autres procédures analogues, cette exclusion ne concerne que les actions qui dérivent directement de la faillite et s'insèrent étroitement dans le cadre de la procédure collective. En l'espèce, une société avait donné à bail un local commercial sis à Genève. Le tribunal de première instance de la République et Canton de Genève a prononcé la faillite du preneur et admis la créance du bailleur. Postérieurement à la clôture de la procédure de faillite, le bailleur a assigné le preneur en paiement du montant de sa créance devant le tribunal de grande instance de Thonon-les-Bains dans le ressort duquel il était domicilié. Celuici a alors soulevé l'incompétence du tribunal au motif que l'action était exclue du champ d'application de la Convention de Lugano du 16 septembre 1988 par son article 1er. Dans un arrêt rendu le 18 décembre 2007, la Cour de cassation...
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