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La protection des sûretés réelles exclusives dans les procédures collectives en droit comparé franco-OHADA

Abstract : A company, whatever it size, form or importance is never away from financial difficulties that could lead it to collective proceeding. This situation is not without any consequences on the company's players, especially, creditors, who are the main collaborators in the company's exercise. Thus, to protect themselves from the risk of insolvency of the debtor, they can try to get legitimate preferential consideration, called securities. But these one make a complicated ensemble in which we can find subgroups. In French law and OHADA law, there is, in fact, a variety of securities, as well personal securities as securities right. In general terms, it is allowed today, that, in the securities right group, those called "exclusives" - the one based on the retention or on the property of the good, subject of the guarantee - succeed to pull out in case a collective proceeding is opened. Resulting in an absolute protection of these securities. The exclusivity will allow them to avoid the rules following the opening of a collective proceeding. Besides, creditors armed with securities right will be able to break with some traditional regulation from collective discipline. Yet, the protection tied to these securities don't shielded them from the requirements of collectives proceedings. On the contrary, the validity of their protection is wildly subject to their being in these procedures, on one hand, and to the fulfillment of the goal of collective proceeding law, on the other hand. So, even though they are protected, the exclusive securities right are not above the collective procedure
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Submitted on : Wednesday, June 21, 2017 - 6:05:08 PM
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  • HAL Id : tel-01544577, version 1



Marlène Oyono. La protection des sûretés réelles exclusives dans les procédures collectives en droit comparé franco-OHADA. Droit. Université Montpellier, 2016. Français. ⟨NNT : 2016MONTD036⟩. ⟨tel-01544577⟩



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