Business · French law
Retention of title in French insolvency: goods and proof
After French insolvency proceedings open, a retention-of-title clause does not permit unilateral repossession. Recovery requires, among other conditions, a written agreement no later than delivery and goods identifiable in kind under the statutory rules. The ordinary claim period runs from publication of the opening judgment. Identify the correct recipient, response stage and any judge-commissioner application separately from an unpaid-invoice claim.
Informational guide. An independent qualified legal review has not been completed.
What you leave withAn identifiable-goods ledger and the supporting claim documents.
Start with the practical sectionJulie by AlphaDeep
Does an invoice reminder replace a retention-of-title claim?
No. A reminder requests payment; an ownership claim follows its own procedure. Check its content, recipient and timing.
Read the referencesPreparing a retention-of-title file? We can organise the clause, delivery, identified goods and publication without deciding a recovery right.
3 free questions at signup. Avoid names and sensitive information.
Navigate this guide
Which goods were present in kind when proceedings opened?
Presence in kind at opening is central to the ordinary retained-title claim. Identification is more than an accounting total.
Compare references, serial numbers, delivery and stock evidence. Incorporated or fungible goods have special conditions that the units ledger cannot decide.
| Record | What it documents | Remaining question |
|---|---|---|
| Delivery | References and quantities supplied | Which goods are covered by the clause? |
| Opening stock | Presence and identification in kind | Which goods still correspond? |
| Clause and acceptance | Terms and chronology | Agreed no later than delivery? |
References : Code de commerce · L624-16
What written clause existed at delivery?
For retained-title goods, the written clause must have been agreed no later than delivery. Connect it to the relevant goods and actual agreement.
Keep terms, order, acceptance and delivery evidence. A clause later added to a new document should not be treated as agreed at the required earlier time.
References : Code de commerce · L624-16
How does goods recovery differ from collecting an invoice?
An ownership claim seeks recognition and return of property within the proceedings. Filing or chasing an unpaid-price claim seeks payment: the procedures do not replace each other.
Start with goods and the clause, then presence at opening. An unpaid invoice alone proves neither an effective retention-of-title clause nor an immediate collection right.
References : Code de commerce · L624-9 · Code de commerce · L624-16
Which publication starts the ordinary period?
The ordinary three-month period runs from publication of the opening judgment, not the invoice date or discovery of non-payment. Identify publication and the procedure.
Special cases, including published contracts and certain services, require separate reading. This guide calculates no personal deadline from one entered date.
References : Code de commerce · L624-9
Who receives the claim in the applicable procedure?
In the ordinary framework, the registered request goes to the administrator or, absent one, the debtor, with a copy to the judicial representative. Match the recipient to the actual proceedings.
In liquidation, the liquidator receives the request under the prescribed framework, with a copy to any appointed administrator. Do not reuse another stage’s address or template without checking current officers.
References : Code de commerce · R624-13 · Code de commerce · L631-18 · Code de commerce · L641-14 · Code de commerce · R641-31
How can stock and supporting evidence be recorded?
The ledger calculates identified units present and their stated value, then units still to locate. It establishes no ownership and authorises no physical repossession.
Unknown stock should not become zero merely to complete the form. Retain evidence describing presence at opening rather than assuming a later inventory was identical.
References : Code de commerce · L624-16
Do twelve located units out of twenty establish a recovery right?
Twelve of twenty units at a stated €500 each give a €6,000 present-stock reference and eight unlocated units. These are file details, not promised recoverable value.
The clause, timing and procedural conditions still require examination. Stock differences may call for investigation of transformation, resale or another disposal.
Fictional inventory: twenty delivered units, twelve identified as still present, at a stated €500 per unit. Present-stock reference value is €6,000; the other eight need investigation. The ledger decides neither ownership nor recovery.
References : Code de commerce · L624-16
Which response and judge-commissioner stage need checking?
In the ordinary route, no agreement within one month of receiving the request raises an application to the juge-commissaire. Article R624-13 then provides one month from expiry of that response period, on pain of forfeiture.
Receipt, response-period expiry and application are separate events. A received reply or special framework needs reading with the records; no automatic countdown is provided.
- Receipt
- Evidence for the appropriate recipient
- Response
- Agreement or absence of agreement to classify
- Application
- Route and timing to check professionally
References : Code de commerce · R624-13
Can a published contract change the restitution route?
A published contract may dispense with recognition of ownership under the separate return framework. Do not confuse it with an ordinary claim under an unpublished contract.
Claims to resale proceeds or insurance indemnities also have their own conditions. Sale does not automatically grant access to every sum the debtor received.
References : Code de commerce · L624-10 · Code de commerce · L624-18
What needs checking before a court application or return?
Before an application or return, have goods, clause, publication, recipients and replies checked. Informal collection may bypass conditions the worksheet does not decide.
Preserve sending and receipt evidence. Separate assertions, documented facts and matters for professional or judicial decision.
References : Code de commerce · R624-13 · Code de commerce · L631-18 · Code de commerce · L641-14 · Code de commerce · R641-31
What else should you check?
Does an invoice reminder replace a retention-of-title claim?
No. A reminder requests payment; an ownership claim follows its own procedure. Check its content, recipient and timing.
References : Code de commerce · L624-9 · Code de commerce · R624-13 · Code de commerce · L631-18 · Code de commerce · L641-14 · Code de commerce · R641-31
Can equipment be taken back without agreement or a decision?
No. A stock record or clause is not permission to repossess without the required framework and agreements or decisions.
References : Code de commerce · L624-16 · Code de commerce · R624-13 · Code de commerce · L631-18 · Code de commerce · L641-14 · Code de commerce · R641-31
Are transformed or mixed goods always outside the rules?
No. The Code provides special conditions for some incorporated or fungible goods. The untransformed identifiable-goods worksheet does not decide them.
References : Code de commerce · L624-16
Is the recipient unchanged in liquidation?
No. In liquidation, the request relates to the liquidator and prescribed copies. Identify officers in the current proceedings.
References : Code de commerce · L631-18 · Code de commerce · L641-14 · Code de commerce · R641-31
Does resale automatically entitle the supplier to all proceeds?
No. Claiming the price or remaining price has specific conditions. Every resale receipt does not automatically become returnable money.
References : Code de commerce · L624-10 · Code de commerce · L624-18
Which sources support this page?
Official texts remain in French. The explanations above describe French law. A source check records a reading date; it is not qualified legal review.
- Code de commerce · L624-9Source checked : · Version from 2009-02-15
- Code de commerce · L624-10Source checked : · Version from 2005-07-27
- Code de commerce · L624-16Source checked : · Version from 2009-02-15
- Code de commerce · L624-18Source checked : · Version from 2009-02-15
- Code de commerce · R624-13Source checked : · Version from 2007-03-27
- Code de commerce · L631-18Source checked : · Version from 2009-02-15
- Code de commerce · L641-14Source checked : · Version from 2021-10-01
- Code de commerce · R641-31Source checked : · Version from 2014-07-02