Conditions Related to the Nature of Debt in Commercial Transactions

Extract

[...] NB: The conditions related to the nature of the claim are alternative. The conditions related to the character of the claim and those related to the nature of the claim are cumulative (both at the same time). On the other hand, if a condition related to the character of the claim is lacking, as a result, the payment order cannot prosper. In the case of issuance, the CCJA says that one should not pay attention to the cause of recovery itself through the issuance of a check. [...]

[...] Paragraph The debt resulting from the issuance or acceptance of a commercial document or a check. (Unpaid check: check issued without provision when the balance of the bank account is insufficient to pay the beneficiary. It can be recovered through the payment order procedure when the commercial document or check has been presented for collection and has been returned unpaid. The proof of non-payment is made by a protest (Act drawn up by a bailiff or a notary noting the non-payment or refusal of acceptance of a commercial document and allowing for immediate legal action against the debtor). [...]

[...] Paragraph A liquid debt It is when its amount in money is known and determined. Paragraph The demandable debt It is when the debt is due (has arrived at its due date) and therefore the creditor can demand payment. These 3 characters are cumulative. Section Conditions related to the nature of the debt. Paragraph The debt having a contractual cause. The enforcement of the payment order can only be executed when the debtor and the creditor are linked only by a contract. [...]