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The seller may take legal action for recovering goods sold with a reservation of titleclause, provided the unpaid goods still exist “in nature.” This means, it has to beidentifiable and distinctive into the buyer’s hand. 71Thus, the seller must:• Identify the claimed goods, and• Prove that the debtor has not yet paid for the goods.The claim may also cover goods incorporated into other property (if the recoverydoes not damage it), as well as fungible goods (if the debtor possesses other goodsof the same type and same quality).The seller has three months from the date on which the insolvency has beenofficially announced in the BODACC to demand the return of the goods. 72receiver or the company should respond to this claim within one month.TheSuchresponse will consist of (i) either accepting the claim and returning the good coveredby the reservation of title provision, (ii) accepting the claim and paying the price ofthe goods to the creditor, or (iii) rejecting the claim. 73If the claim is rejected, or if no response is made within the one month period, thecreditor will have one month to bring his claim before the juge-commisaire. 74Thejuge-commisaire’s decision can be appealed to the Commercial Court within tendays following the notification of the decision.C. Officers and shareholders1. Liability: de facto vs “official” officersa. Germany71 Code de commerce [C. com.] art. L. 624-16.72 Code de commerce [C. com.] art. L. 624-9.73 Code de commerce [C. com.] art. L. 624-17.74 Code de commerce [C. com.] art. L. 624-13.53