The Legal Failure
On this plan, two ideas are to be retained. Indeed, since the roman law, the rights of the bankruptcies are collective, general and public procedures having for object to eliminate the company or to allow its recovery, what establishes their first aspect, the being second that at the origin of these procedures, there is an insolvency of a debtor who shows himself by the suspension of payments, because he is in the incapacity to face the immediately due liabilities with his available asset.
On the legal plan, the suspension of payments means that a debtor does not settle when due, of the debt become due. A single incident of payment would be enough, from the point of view of the principles, to create the generative fact of the failure. Effectively, companies can be in the impossibility to honor their obligations, because of an insufficient finance, of difficulties of obtaining of credits or still an unfavorable economic situation, even if this situation is only.