Formal notice
Formal notice: fundamental principles and legal issues
By Raphaël MORENON26 March 2025The formal notice is no joke. This little legal act, dreaded by debtors, plays a major role in our legal arsenal. It marks the transition from an amicable phase to the antechamber of litigation. Before considering legal proceedings, it is a decisive step in settling a dispute or obtaining payment of a debt. 1. What is a formal notice? Definition and origin From the Latin "mora" meaning "delay", formal notice evokes harmful inactivity. The expression "péril en la demeure" expresses the risks inherent in any delay in performance. In legal terms, 'demeure' refers to the state in which a debtor is late in performing his obligation. This state generates damages and risks to be borne by the debtor, in accordance with articles 1231 et seq. of the Civil Code. A letter of formal notice is a formal request to a person to perform within a set period. Place in the legal system A formal...
How to draft and serve a formal notice effectively
Formal notice, Civil procedureAn effective formal notice can avoid many a legal hassle. This document, the interface between the amicable and contentious phases, requires particular care in both its drafting and its notification. For optimum management, particularly in debt recovery, expert assistance is often recommended. 1. The importance of...The legal effects of formal notice: practical consequences
Formal notice, Civil procedureA formal notice is a key stage in the life of an obligation. It marks the transition from an amicable phase to a pre-litigation phase. Beyond its apparent simplicity, this legal act has considerable effects that deserve attention. The main effects of formal notice The official summons of the...Dispensing with formal notice: when and how to dispense with it legally
Formal notice, Civil procedureA reminder seems necessary. A formal notice is the act by which a creditor asks his debtor to fulfil his obligation. It marks the starting point for default interest and crystallises the recipient's default. This unilateral legal act challenges and informs the addressee of the creditor's demands....International formal notice: a comparative approach and practical advice
Formal notice, Civil procedureFormal notice is a fundamental legal mechanism for establishing the non-performance of an obligation. At the crossroads of the law of obligations and enforcement procedures, this tool calls on a defaulting debtor before initiating formal proceedings. But how does this concept operate outside France and what are the consequences?
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