By Raphaël MORENON
24 March 2025
A 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 Formal notice to the debtor Formal notice calls the debtor to account for his delay. It formalises the creditor's impatience. As specified in article 1344 of the Civil Code, it may take the form of a summons or an act of «sufficient interpellation». The summons must be clear, precise and unequivocal. Case law requires that the formal notice must «clearly express the creditor's desire to obtain satisfaction» (Cass. civ. 1re, 24 June 1975, no. 74-10.644). Triggering interest on arrears Central effect: the formal notice triggers interest on arrears. Article 1344-1 of the French Civil Code provides that in the event of an obligation to pay, it triggers...
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