By Raphaël MORENON
22 March 2025
Formal 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 manifest itself outside France and what are the practical consequences and legal effects, which vary significantly from one country to another? 1. A multi-faceted concept In the French legal system, formal notice represents «the state of a debtor who is late in performing his obligation» (Civil Code, art. 1231). It imposes damages and risks on the addressee. However, this apparently simple concept proves to be complex internationally. 2. The mise en demeure in different legal systems Common law: a French «mystery» Anglo-Saxon lawyers consider the mise en demeure to be a French specificity that is difficult to translate. According to...
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