Article 1342-4 of the French Civil Code
The creditor may refuse a partial payment even if the benefit is divisible. He may agree to receive in payment something other than what is due. .
The creditor may refuse a partial payment even if the benefit is divisible. He may agree to receive in payment something other than what is due. .
The debtor of an obligation to deliver a certain body is discharged by its delivery to the creditor in the same condition, unless he proves, in the case of deterioration, that the deterioration is not due to his act or to that of persons for whom he is responsible. .
Failing any other designation by law, contract or judge, payment must be made at the debtor’s domicile.
Payment costs are to be borne by the debtor.
Payment can be proven by any means.
Voluntary delivery by the creditor to the debtor of the original under private signature or of the enforceable copy of the instrument of his claim is equivalent to a simple presumption of discharge. The same delivery to one of the joint and several co-debtors produces the same effect with regard to all.
A debtor of several debts may indicate, when paying, which debt he intends to discharge. Failing indication by the debtor, the imputation takes place as follows: first on the debts due; among these, on the debts which the debtor had the most interest in discharging. In the event of equal interest, the charge is made against the oldest; all other things being equal, it is made proportionally.
The debtor of an obligation to pay a sum of money is discharged by payment of its nominal amount. The amount of the sum due may vary through indexation. The debtor of a debt of value is discharged by payment of the sum of money resulting from its liquidation.
When an obligation to pay a sum of money bears interest, the debtor is discharged by paying the principal and interest. Partial payment is set off against the interest first. Interest is granted by law or stipulated in the contract. The contractual interest rate must be fixed in writing. It is deemed to be annual by default.
Interest due for at least one full year shall accrue interest if the contract so provides or if a court decision so specifies.
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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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