Subsection 3: Formal notice

Where the creditor, on the due date and without legitimate cause, refuses to receive the payment due to him or prevents it by his act, the debtor may give him formal notice to accept or allow performance. The creditor’s formal notice halts the accrual of interest owed by the debtor and places the risks of the thing at the creditor’s charge, if they are not already there, except in the…

If the obstruction has not ended within two months of the formal notice, the debtor may, where the obligation relates to a sum of money, consign it to the Caisse des dépôts et consignations or, where the obligation relates to the delivery of an item, sequester it with a professional custodian. If sequestering the item is impossible or too costly, the judge may authorise its sale out of court or…

Where the obligation relates to another object, the debtor is discharged if the obstruction has not ceased within two months of the formal notice. .

The costs of the formal notice and the deposit or sequestration shall be borne by the creditor.