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condemning the debtor to pay an amount of money, with respect to the debts emanating prior to the order opening the redressement judiciaire or liquidation judiciaire (43) The actions to terminate contracts due to the default in the payment of an amount of money are also suspended or precluded (44) The same is true for all executions on the real estate and movable assets of the debtor (45)The provision of Art. 47 is deemed to be a part of public policy (46) If there are legal proceedings pending with respect to such claims, they will be suspended until the claim is declared in verification proceedings. They may be resumed without any authorization or approval, (47) provided that the representative of the creditors and, if necessary, the administrateur in redressement judiciaire are duly notified. However, the French judiciary seems to have developed the rule that the decisions rendered in such proceedings may not be of a condemnatory nature. In other words, the claim may be only declared and the amount determined in the decision but without condemning the debtor to pay (48) In addition to the provision contained in Art 48 of the Loi du 25 janvier 1985, there is a provision on interruption of pending proceedings contained in Arts. 369-372 of the French Code of Civil Procedure. Article 369 provides that the pending proceedings are interrupted by the effect of an order opening insolvency proceedings when there is a dispossession of the debtor or when assistance to the debtor is needed With the exception of employees, all the creditors have to submit their claims to the creditors representatives within a period of two months from the day on which the opening order has been published (49) The representative of the creditors establishes the list of declared claims, within the time limit determined by the court and after having considered the observations of the debtor. The list also includes the proposals to admit or reject a particular claim or to refer it to the competent authority(Art 100). A juge-commissaire, to whom the list is submitted, decides whether to admit or to reject a particular claim or declares that there are proceedings pending with respect to it or that the claim is not within his competence(Art. 101(1) If the juge-commissaire declares his incompetence, the claimant has to initiate proceedings before the competent authority within two months after the notification of the declaration of incompetence(Art. 101(3)) The provisions of Arts. 47, 48 (50)and 101(51)also apply in the case of liquidation judiciaire 4.1.2 The Netherlands he preclusion of individual actions by creditors is also incorporated in Dutch insolvency law. In ccordance with Art. 26 of the Dutch Faillissementswet (Fw), after the commencement of bankruptcy proceedings all claims against the debtor for payment from the estate may only be asserted in verification proceedings. All claims concerning the rights and obligations of the estate must be filed by or against the trustee in bankruptcy(curator) after the bankruptcy order has been issued (52) Claims submitted by or against the debtor will have no effect with regard to the estate (53) The verification procedure is determined by Arts. 108-137 Fw( Chapter V). The claimscondemning the debtor to pay an amount of money, with respect to the debts emanating prior to the order opening the redressement judiciaire or liquidation judiciaire.(43) The actions to terminate contracts due to the default in the payment of an amount of money are also suspended or precluded.(44) The same is true for all executions on the real estate and movable assets of the debtor.(45) The provision of Art. 47 is deemed to be a part of public policy.(46) If there are legal proceedings pending with respect to such claims, they will be suspended until the claim is declared in verification proceedings. They may be resumed without any authorization or approval,(47) provided that the representative of the creditors and, if necessary, the administrateur in redressement judiciaire are duly notified. However, the French judiciary seems to have developed the rule that the decisions rendered in such proceedings may not be of a condemnatory nature. In other words, the claim may be only declared and the amount determined in the decision, but without condemning the debtor to pay.(48) In addition to the provision contained in Art. 48 of the Loi du 25 janvier 1985, there is a provision on interruption of pending proceedings contained in Arts. 369-372 of the French Code of Civil Procedure. Article 369 provides that the pending proceedings are interrupted by the effect of an order opening insolvency proceedings when there is a dispossession of the debtor or when assistance to the debtor is needed. With the exception of employees, all the creditors have to submit their claims to the creditors' representatives within a period of two months from the day on which the opening order has been published.(49) The representative of the creditors establishes the list of declared claims, within the time limit determined by the court and after having considered the observations of the debtor. The list also includes the proposals to admit or reject a particular claim or to refer it to the competent authority (Art. 100). A juge-commissaire, to whom the list is submitted, decides whether to admit or to reject a particular claim or declares that there are proceedings pending with respect to it or that the claim is not within his competence (Art. 101(1)). If the juge-commissaire declares his incompetence, the claimant has to initiate proceedings before the competent authority within two months after the notification of the declaration of incompetence (Art. 101(3)). The provisions of Arts. 47, 48(50) and 101(51) also apply in the case of liquidation judiciaire. 4.1.2 The Netherlands The preclusion of individual actions by creditors is also incorporated in Dutch insolvency law. In accordance with Art. 26 of the Dutch Faillissementswet (Fw), after the commencement of bankruptcy proceedings all claims against the debtor for payment from the estate may only be asserted in verification proceedings. All claims concerning the rights and obligations of the estate must be filed by or against the trustee in bankruptcy (curator) after the bankruptcy order has been issued.(52) Claims submitted by or against the debtor will have no effect with regard to the estate.(53) The verification procedure is determined by Arts. 108-137 Fw (Chapter V). The claims
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