Les banques libanaises sont-elles en état de cessation de payement ?

Abstract

To the question : “Are the Lebanese banks in cessation of payment ?”, the answer is obviously yes according to both the special definition of the cessation of payment of banks in the Intra law n° 2/1967, and the general definition of the “cessation of payment” in the Code of commerce (art. 489). The legal scrutiny so confirms the common “feeling” of obvious bankruptcy of the banks for almost three years. In parallel, are refuted the exceptions opposed by the banks, such as the alleged payment by cheques which are actually “cheques sans provision”, or “force majeure”, or concern for non-discrimination. Mention is also made of the consecration by the Lebanese law of the “virtual bankruptcy” (art. 489 of the Commercial Code).