Article 1305-2 of the French Civil Code
November 7, 2023
What is only due in time cannot be demanded before the due date; but what has been paid in advance cannot be repeated.
What is only due in time cannot be demanded before the due date; but what has been paid in advance cannot be repeated.
The term benefits the debtor, if it does not follow from the law, the will of the parties or the circumstances that it has been established in favour of the creditor or both parties. The party for whose exclusive benefit the term has been fixed may renounce it without the consent of the other.
The debtor may not claim the benefit of the term if he fails to provide the security promised to the creditor or if he reduces the security securing the obligation.
A debtor’s forfeiture of the term of payment may not be enforced against his co-debtors, even joint and several, and his guarantors.
The obligation is cumulative when it covers several services and only the performance of all of them discharges the debtor.
An obligation is an alternative obligation when it covers several services and the performance of one of them releases the debtor.
The choice between the performances belongs to the debtor. If the choice is not exercised within the agreed time or within a reasonable period, the other party may, after formal notice, exercise that choice or rescind the contract. The choice exercised is definitive and causes the obligation to lose its alternative character.
If it results from force majeure, the impossibility of performing the chosen service discharges the debtor.
A debtor who has not made his choice known must, if one of the performances becomes impossible, perform one of the others.
A creditor who has not made his choice known must, if one of the performances becomes impossible to perform as a result of force majeure, be satisfied with one of the others.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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