By Raphaël MORENON
28 March 2025
The payment order is an invaluable tool for recovering debts. But did you know that there are specific procedures adapted to certain situations? These variants deserve our attention because they offer substantial strategic advantages. 1. Injunctions for recovery of co-ownership charges A system dedicated to syndicates of co-owners The legislator has created a specific procedure for syndicates of co-owners. Article 60 of decree no. 67-223 of 17 March 1967 explicitly authorises the use of injunctions to recover unpaid charges. This provision arose from a practical need: to put an end to debates about the «contractual» or non-contractual nature of co-ownership charges. In practice, the syndic can file the application directly, without the need for a lawyer. The Court of Cassation confirmed this in a ruling dated 5 November 1975. A specific territorial jurisdiction A notable feature is that, unlike the conventional procedure, the injunction must be brought before the court...
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