The debtor is put on notice to pay either by a summons or an act providing sufficient interpellation, or, if the contract so provides, by the mere due date of the obligation.
A formal notice to pay an obligation for a sum of money shall give rise to interest on arrears, at the legal rate, without the creditor being required to prove any prejudice.
Mandatory notice to deliver a thing places the risks on the debtor, if they are not already there.
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.
Subrogation takes place by operation of law alone in favour of the person who, having a legitimate interest therein, pays whenever his payment discharges from liability to the creditor the person on whom the final burden of all or part of the debt is to fall.
Conventional subrogation occurs on the creditor’s initiative where the creditor, receiving his payment from a third party, subrogates that third party in his rights against the debtor. This subrogation must be express. It must be agreed at the same time as payment, unless, in an earlier act, the subrogating party has expressed the intention that his co-contractor should be subrogated to him at the time of payment. The concomitance of…
Subrogation also occurs where the debtor, borrowing a sum for the purpose of paying his debt, subrogates the lender in the rights of the creditor with the latter’s concurrence. In this case, the subrogation must be express and the receipt given by the creditor must indicate the source of the funds. Subrogation may be granted without the assistance of the creditor, but on condition that the debt is due or…
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RCS Paris n°814433470
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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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