English
1/ Creditors who have abusively supported the debtor, by
granting credit facility, shall only be liable where
creditors:
a) have committed fraud; or
b) have acted as de facto managers of the debtor; or
c) have taken, over the assets of the debtor, rights in
rem securities that are disproportionate in
comparison with the amount of the credit facility;
2/ In addition to the conditions set out in Sub-Article
(1) of this Article, creditors may only be liable where:
a) the terms and conditions of the credit facility were
ruinous for the debtor; and
b) the creditor knew or should have known the debtor
was in cessation of payments and impossible to be
redressed.
3/ The amount of damages shall correspond to the
aggregate of the decrease of value of the assets and the
increase of value of the liabilities, since the granting of
the credit facility.
