Court of Cassation, Joint Sitting, 7 May 2021, order no. 12154
RESUMPTION OF PROCEEDINGS THAT HAD BEEN INTERRUPTED ON ACCOUNT OF THE BANKRUPTCY OF ONE PARTY
The Court of Cassation in Joint Sitting has
intervened to resolve the conflict in case law that has arisen on the subject
of the resumption of proceedings that have been interrupted by a supervening
adjudication in bankruptcy.
The Supreme Court has held that,
notwithstanding the automatic interruption of the proceedings pursuant to
Article 43(3) of the Bankruptcy Law, the time limit for the resumption of
proceedings starts from the day on which the judicial declaration of the
interruption of proceedings is brought to the attention of each party. This
declaration, if given at the hearing, is deemed to be known to the parties
present pursuant to Article 176(2) of the Civil Procedure Code. Otherwise, for
the purposes of starting the time limit for resumption, the interruption of the
proceedings must be notified, or communicated by the office of the court, to
the administrator and the parties who did not have legal knowledge of it.