Abstract EN:

The receiver, an instrument of the collective procedure of compulsary liquidation or of selling off, is a proxy whose tasks and part are often ill-known if not misunderstood. However, one can find out, through the study of the procedures themselves, what the attributions of this man whose functions are numerous and varied are. They are exercised from the declaratory sentence, or shortly after, and onwards till the favourable or unfavourable closing of this one. The present study attempts to enlighten the attributions of the receiver, as an agent of seizure of the deb tor's property in favour of his creditors, and as an agent of liquidation of this debtor's liabilities. Il also tries to consider as widely as possible the sources of responsibilities, the exercise of his functions makes himself incur. The taking of emergency measures, the determination of the ratio between the assets and the liabilities of the debtor, the exercise of powers over his property, are the great stages of the mission as a seisure agent of the debtor's property in favour of his creditors. The attempt to better the active situation of the firm, and the auditing of its assets, are the two main lines of his mission as an agent of the settlement of the debtor's liabilities. But the exercise of these two functions may create many causes of civil liability, criminal and disciplinary responsibilities for the receiver, as much during the collective procedure, as at its term. That is the reason why the theme of this long study is the systematic consideration of the receiver's attributions and responsibilities.