By Raphaël MORENON
23 March 2025
A 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. For a broader view of the principles and issues involved, read the fundamentals of formal notice. But this step, often seen as essential, is not always compulsory. The law provides for situations where it can legitimately be dispensed with. Legal exemptions Definitive or irreversible non-performance Where non-performance has occurred and is causing damage, formal notice becomes superfluous. The Court of Cassation, in a mixed chamber ruling of 6 July 2007, clearly established that «formal notice is unnecessary where non-performance of a contract has been established and causes damage to a party» (Cass...,...).
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