What You Need to Know (Ce Qu'il Faut Savoir)
French Civil Code (Code Civil)
France operates under the Code Civil (Napoleonic Code). Contract law, consumer protection, and debt collection all follow specific statutory rules dating back to 1804, with modern updates.
Mise en Demeure
A proper demand letter (mise en demeure) must clearly state the claim, amount owed, legal basis, and deadline. This formal notice is often required before court action and triggers late payment interest.
Consumer Protection (Code de la Consommation)
French consumer protection law is comprehensive. The Code de la consommation provides extensive rights including cooling-off periods, warranty protections, and unfair contract term rules.
Statute of Limitations
The standard limitation period (prescription) in France is 5 years for most civil claims. Consumer contracts have different rules. Professional debts have shorter periods. Act promptly.
French Legal Framework (Version 30 Secondes)
France uses a civil law system based on comprehensive legal codes. The Code Civil governs contracts, property, and obligations. The Code de Commerce applies to business transactions. Consumer disputes under 10,000 EUR typically go to the Tribunal de proximite or Tribunal judiciaire. A mise en demeure (formal demand letter) is the standard first step before legal action and is often legally required. It puts the debtor "en demeure" (in default) and starts interest running. Late payment interest for businesses is set by the ECB rate plus 10 points. Small claims can be handled through simplified procedures (procedure simplifiee de recouvrement). This tool helps create the formal notice - but for complex cases, consult an avocat.
Common Questions (Questions Frequentes)
Do I need a lawyer in France?
For claims under 10,000 EUR at the Tribunal de proximite, you can represent yourself. For larger claims, an avocat is recommended but not always required. The mise en demeure is typically the first step before any legal action.
What is an injonction de payer?
The injonction de payer is France's simplified payment order procedure for uncontested debts. It's fast and affordable. A proper mise en demeure is typically sent first. If they don't respond, you apply to the court.
Should the letter be in French?
For legal enforceability in France, the letter should be in French. French courts and administrative bodies require French. International contracts may have different provisions.
What interest can I claim?
For B2B transactions, late payment interest is the ECB refinancing rate plus 10 points. For consumer transactions, the legal interest rate applies. Plus you can claim reasonable recovery costs (40 EUR minimum for B2B).
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