La responsabilité des tiers en cas d'ouverture d'une procédure collective d'apurement du passif dans l'espace OHADA
| Auteur | Legal News |
L'Acte uniforme portant organisation des procédures collectives d'apurement du passif (AUPC)dans les Etats parties de l'Organisation pour l'harmonisation en Afrique du droit des affaires (OHADA), permet l'engagement de la responsabilité des tiers dans la faillite de l'entreprise. L'appréhension de cette responsabilité ne peut se faire efficacement que si ses fondements sont définis juridiquement. Ceux-ci peuvent correspondre à des agissements fautifs propres aux dispensateurs de crédit notamment l'octroi ou le maintien abusif de crédit comme la rupture abusive de crédit. Le fondement de la responsabilité des tiers peut également correspondre à une immixtion fautive dans la gestion du débiteur, à la non-dénonciation des actes ou faits compromettants ou encore à des délits commis par des tiers. Comme le souligne Dieunedort Nzouabeth, la mise en œuvre de l'action en responsabilité devient délicate du fait de la...
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