LexInter | August 6, 2019 | 0 Comments


A request for grace periods can be made on the basis of article 1244-1 of the Civil Code. The granting of grace periods suspends the enforcement procedures ( article 1244-2 )

Judges have discretion to grant these grace periods (Civ. 2, 1 st February 2001)

The judge cannot of his own motion grant time limits for such time limits, but these time limits could be requested in any event and therefore for the first time in appeal. (Civ. 2, 1 st February 2001).

Grace periods can be requested by the borrower  (Cass. Civ. 1, June 29, 2004)

The article L 313-12 of the Consumer Code states

The performance of the debtor’s obligations may be, in particular in the event of dismissal, suspended by order of the magistrate under the conditions provided for in Articles 1244-1 to 1244-3 of the Civil Code. The ordinance can decide that, during the grace period, the sums due will not produce interest.
In addition, the judge can determine in his order the terms of payment of the sums which will be due at the end of the suspension period, without the last payment being able to exceed by more than two years the term initially foreseen for the repayment of the loan; it may, however, postpone ruling on these terms until the end of the suspension period.

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