Payment in France of an obligation to pay a sum of money is made in euros. However, payment may be made in another currency if the obligation thus denominated arises from an international transaction or a foreign judgment. The parties may agree that the payment will take place in a foreign currency if it occurs between professionals, where the use of a foreign currency is commonly accepted for the transaction…
Failing any other designation by law, the contract or the judge, the place of payment of the obligation to pay a sum of money is the creditor’s domicile.
The judge may, taking into account the situation of the debtor and considering the needs of the creditor, defer or stagger, up to a maximum of two years, the payment of the sums due. By special reasoned decision, he may order that the sums corresponding to the deferred instalments shall bear interest at a reduced rate at least equal to the legal rate, or that the payments shall first be…
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.
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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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