Non-payment by an SCI
In this case, a bank granted a non-trading property company (S.C.I.) a loan secured by a mortgage.
However, the S.C.I. did not meet the loan repayment schedule.
The bank therefore seized the property given as security, but was only able to recover part of its claim.
It was in these circumstances that the bank sued Mr X. in his capacity as a partner of the S.C.I., seeking payment of the balance of his claim in proportion to his share in the share capital.
The lower courts, in upholding his claim, held that the bank had normally carried out a foreclosure procedure on the property which had been given to it as security when the loan contract was concluded, and having only become aware of the inadequacy of the auction price at a date very close to that of the dissolution of the S.C.I., the exercise of all other new legal proceedings was futile, the assets of the S.C.I. having been entirely realised as a result of the pre-emption of the other property.
Solution adopted by the Cour de cassation :
After pointing out that creditors may only pursue payment of the company's debts against a partner after having first unsuccessfully pursued the legal entity, the High Courts ruled that in ruling as it did, on grounds that were not sufficient to establish that all other proceedings against the S.C.I. would have been ineffective due to the inadequacy of the company's assets, the Court of Appeal had therefore violated Article L. 225-37 of the Civil Code.Article 1858 of the Civil Code.
Non-payment by an SCI
https://www.christian-finalteri-avocat.fr/actualites/droit-des-affaires-et-societes/
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