OBLIGATION TO PAY
LexInter | September 9, 2018 | 0 Comments

OBLIGATION TO PAY

NEW CODE OF CIVIL PROCEDURE

Section I: The order for payment

Article 1405

(Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

(Decree n ° 81-862 of September 9, 1981 Official Journal of September 19, 1981)

   The recovery of a debt may be requested following the order for payment procedure when:
1 ° The debt has a contractual cause or results from an obligation of a statutory nature and amounts to a determined amount; in contractual matters, the determination is made by virtue of the stipulations of the contract including, where applicable, the penalty clause;
2 ° The commitment results from the acceptance or drawing of a bill of exchange, the subscription of a promissory note, the endorsement or the endorsement of one or other of these securities or of the acceptance of the assignment of receivables in accordance with the law nº 81-1 of January 2, 1981 facilitating the credit to the companies.
* After January 1, 1982, the payment order procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54. *

Article 1406

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

   The request is brought, as the case may be, to the district court or the president of the commercial court within the limits of the attribution jurisdiction of the latter court.
The territorially competent judge is that of the place where the or one of the debtors being sued resides.
The rules prescribed in the preceding paragraphs are of public order. Any contrary clause is deemed unwritten. The judge must automatically disclose his incompetence.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1407

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

   The request is made by request delivered or addressed, as the case may be, to the registry office or to the registry by the creditor or by any representative.
The request contains:
– the names, first names, professions and domiciles of the creditor and debtor or, for legal persons, their form, name and registered office;
– the precise indication of the amount of the sum claimed with the statement of the various elements of the debt, as well as of the basis of this one.
It is accompanied by supporting documents.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1408

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

The creditor may, in the request for an injunction to pay, request that in the event of opposition, the case be immediately referred to the court he considers competent.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1409

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)   If, in view of the documents produced, the request appears to him to be founded in whole or in part, the judge issues an order injunction to pay for the sum he is withholding.
If the judge rejects the request, his decision is without appeal for the creditor, except for the latter to proceed according to common law remedies.
If the judge accepts the request only in part, his decision is also without recourse for the creditor, except for the latter not to serve the order and to proceed according to the ordinary procedures.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1410

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)   The order issuing an injunction to pay and the request are kept as a minute at the clerk’s office or at the clerk’s office. The documents produced in support of the request are provisionally kept at the secretariat-registry or at the registry.
If the request is rejected, it and the documents produced are returned to the requester.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1411

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)   A certified copy of the petition and of the order is served, on the creditor’s initiative, on each debtor.
The order for payment is void if it has not been served within six months of its date.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1412

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

The debtor can object to the order for payment.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1413

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)   Under penalty of nullity, the act of service of the order issuing an injunction to pay contains, in addition to the prescribed information for acts of a bailiff, a summons to have:
– either to pay the creditor the amount of the fixed sum by the ordinance as well as the interest and court costs, the amount of which is specified;
– or, if the debtor has to assert means of defense, to file an opposition, the latter having the effect of seizing the court of the initial request of the creditor and of the entire dispute.
Under the same sanction, the act of service:
– indicates the time limit within which the opposition must be filed, the court before which it must be brought and the forms according to which it must be made;
– informs the debtor that he can take note of the documents produced by the creditor at the registry office or at the registry and that in the absence of opposition within the time limit indicated, he will no longer be able to exercise any recourse and may be forced by any means of right to pay the sums claimed.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1414

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)       If the service is made on the person of the debtor, the judicial officer must verbally bring to the attention of the debtor the information mentioned in article 1413; the completion of this formality is mentioned in the act of service.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1415

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)   The opposition is brought, as the case may be, to the district court which issued the order issuing an injunction to pay or to the commercial court whose president issued the order.
It is formed at the clerk’s office or at the clerk’s office, either by declaration against receipt, or by registered letter.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1416

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)   The opposition is formed in the month following the service of the order.
However, if service has not been made to anyone, the opposition is admissible until the expiry of a period of one month following the first document served personally or, failing that, following the first execution measure. having the effect of rendering all or part of the debtor’s assets unavailable.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54.

Article 1417

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)   The court rules on the recovery request.
He knows, within the limits of his attribution competence, the initial request and all the incidental requests and defenses on the merits.
In the event of a decision of incompetence, or in the case provided for in article 1408, the case is referred to the competent court according to the rules provided for in article 97.
* After January 1, 1982, the injunction procedure to pay will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54. *

Article 1418

(Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

(Decree n ° 82-716 of August 10, 1982 art. 1st Official Journal of August 17, 1982)

The clerk summons the parties to the hearing by registered letter with acknowledgment of receipt.
The summons is sent to all parties, even to those who have not filed an opposition.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54. Article 1419

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

If neither of the parties appears, the court declares that the proceedings have ended; this renders the order for payment null and void.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54. Article 1420

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

The court judgment replaces the order for payment.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54. Article 1421

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

The court rules on appeal when the amount of the claim exceeds the rate in its jurisdiction as a last resort.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54. Article 1422

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

In the absence of opposition in the month following the service of the order issuing an injunction to pay, regardless of the terms of service, or in the event of withdrawal by the debtor who has lodged the opposition, the creditor may request the affixing on the ordinance of the executory formula. The debtor’s withdrawal obeys the rules provided for in Articles 400 to 405.
The ordinance produces all the effects of a contradictory judgment. It is not subject to appeal even if it grants payment periods.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54. Article 1423

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

The request for the affixing of the executory form is made at the secretariat-registry or at the registry, either by declaration or by simple letter.
The order is void if the creditor’s request has not been presented within one month of the expiration of the opposition period or the debtor’s withdrawal.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54. Article 1424

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)

The documents produced by the creditor and kept provisionally at the secretariat-registry or at the registry shall be returned to him at his request as soon as he is opposed or when the order is endorsed with the enforceable form.
* After January 1, 1982, the order for payment procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54. *Article 1425

(inserted by Decree n ° 81-500 of May 12, 1981 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 date of entry into force January 1, 1982)


Before the commercial court, the costs of the order issuing an injunction to pay are advanced by the creditor and recorded at the registry at the latest within fifteen days of the request provided for in article 1405, failing which it will lapse. .
The objection is received free of charge by the clerk. The latter immediately invites the creditor, by registered letter with acknowledgment of receipt, to deposit the costs of the opposition to the registry within the period of fifteen days on pain of lapse of the request provided for in article 1405.
* After January 1, 1982, the payment order procedure will remain applicable to the recovery of debts recorded by a protestable invoice, D. nº 81-500, May 12, 1981, art. 54. *

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