LexInter | March 12, 2002 | 0 Comments


Paragraph I: Payment in general
Article 1235
Any payment presupposes a debt: what has been paid without being due is subject to repetition.
Repetition is not permitted with regard to natural obligations which have been voluntarily discharged.


Article 1236
An obligation can be discharged by anyone interested in it, such as a co-obligator or surety.
The obligation can even be discharged by a third party who is not interested in it, provided that this third party acts in the name and in the discharge of the debtor, or that, if he acts in his own name, he is not subrogated. the rights of the creditor.
Article 1237
The obligation to do may not be discharged by a third party against the will of the creditor, when the latter has an interest in it being fulfilled by the debtor himself.
Article 1238
To pay validly, one must be the owner of the thing given in payment, and capable of alienating it.
Nevertheless the payment of a sum in money or other thing which is consumed by use, cannot be repeated against the creditor who has consumed it in good faith, although the payment has been made by the one who was not. not owner or who was not able to alienate it.
Article 1239
Payment must be made to the obligee, or to someone having power over him, or who is authorized by justice or by law to receive for him.
The payment made to the one who would not have the power to receive for the creditor, is valid, if the latter ratifies it, or if he has taken advantage of it.
Article 1240
The payment made in good faith to the person in possession of the debt is valid, although the possessor is subsequently evicted from it.
Article 1241
The payment made to the creditor is not valid if he was incapable of receiving it, unless the debtor proves that the thing paid turned out for the benefit of the creditor.
Article 1242
 The payment made by the debtor to his creditor, to the prejudice of a seizure or an opposition, is not valid with regard to the garnishing or opposing creditors: these can, according to their law, force him to pay again, except, in this case only his recourse against the creditor.
Article 1243
The obligee cannot be compelled to receive something other than that which is due to him, although the value of the thing offered is equal or even greater.
Article 1244
(Law of 25 March 1936 Official Journal of 26 March 1936) (Law of 20 August 1936 Official Journal of 22 August 1936) (Law n ° 85-1097 of 11 October 1985 art. 7 Official Journal of 15 October 1985) (Law n ° 91-650 of July 9, 1991 art. 83 Official Journal of July 14, 1991 in force on August 1, 1992)

The debtor cannot force the creditor to receive part of the payment of a debt, even if it is divisible.

Article 1244-1

(inserted by Law n ° 91-650 of July 9, 1991 art. 83 Official Journal of July 14, 1991 in force on August 1, 1992)

However, taking into account the situation of the debtor and taking into consideration the needs of the creditor, the judge may, within a limit of two years, defer or stagger the payment of the sums due.
By special and reasoned decision, the judge can prescribe that the sums corresponding to the deferred maturities will bear interest at a reduced rate which cannot be lower than the legal rate or that the payments will be deducted first from the capital.
In addition, he may make these measures conditional on the performance by the debtor of acts designed to facilitate or guarantee the payment of the debt.
The provisions of this article do not apply to maintenance debts.



Article 1244-2
(inserted by Law n ° 91-650 of July 9, 1991 art. 83 Official Journal of July 14, 1991 in force on August 1, 1992)

The judge’s decision, taken in application of article 1244-1, suspends the enforcement proceedings which would have been initiated by the creditor. Increases in interest or penalties incurred as a result of the delay cease to be due during the period fixed by the judge.

Article 1244-3
(inserted by Law n ° 91-650 of July 9, 1991 art. 83 Official Journal of July 14, 1991 in force on August 1, 1992)

Any stipulation contrary to the provisions of articles 1244-1 and 1244-2 is deemed unwritten.

Article 1245
 The debtor of a certain and determined body is released by the return of the thing in the state in which it is at the time of delivery, provided that the deteriorations which have occurred do not come from his doing or his fault, nor of that of the persons for whom he is responsible, or that before these deteriorations he was not in default.
Article 1246
If the debt is of a thing which is determined only by its kind, the debtor will not be bound, in order to be released, to give it of the best kind; but he will not be able to offer it the worst.
Article 1247
(Ordinance n ° 58-1298 of December 23, 1958 art. 35 Official Journal of December 24, 1958)

The payment must be executed in the place designated by the agreement. If the place is not indicated there, the payment, when it is a question of a certain and determined body, must be made in the place where was, at the time of the obligation, the thing which makes it the object.
Support awarded in court must be paid, unless the judge decides otherwise, at the domicile or residence of the person who is to receive it.
Apart from these cases, the payment must be made at the domicile of the debtor.

Article 1248
The costs of the payment are the responsibility of the debtor.

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