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Part 3 · Effects of opening insolvency proceedings  ›  Division 2 · Performance of transactions. Cooperation of works council › Section 105

Severable contracts

If the contractual performances due to the parties are severable and if the other party had already performed part of the services incumbent on it on the date when the insolvency proceedings were opened, such other party is deemed to be an insolvency creditor for the amount of its claim to consideration corresponding to the part of the services already performed by it, even if the insolvency administrator claims performance of the services not yet performed. The other party is not entitled to claim restitution for non-performance of its claim to the consideration of the part of services transferred to the debtor’s assets before the insolvency proceedings were opened.

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