在商业交易领域, late payment penalties are a significant concern for business. According to Article L 441-10 of the French 商业 Code, late payment penalties are moratory interests, due the day following the payment date indicated on the invoice.
《菠菜台子集合》规定:
I. 除非另有规定 in the terms 和 conditions of sale or agreed between the p艺术ies, the period for payment of sums due may not exceed 三十天 after the date of receipt of the goods or performance of the service requested.
的 period agreed between the p艺术ies for payment of the sums due may not exceed 60天 在发票开具日期之后.
通过减损的方式，最长期限为 45天 from the end of the month following the date of issue of the invoice may be agreed between the p艺术ies, provided that this period is expressly stipulated in the contract 和 that it does not constitute a manifest abuse in relation to the creditor. In the case of a periodic invoice within the meaning of Article 289(I)(3) of the General Tax Code, the period agreed between the p艺术ies may not exceed 45天 在发票开具日期之后.
II. 的 付款条件 第L条第1款所述. 441-1 specify the conditions of application 和 the rate of interest for late payment penalties payable on the day following the payment date shown on the invoice, as well as the amount of the fixed indemnity for recovery costs due to the creditor in the event that the sums due are paid after this date. 除非另有规定, which may not however set a rate lower than three times the legal interest rate, this rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.
逾期付款罚款 are payable without the need for a reminder. Any professional who is late in making a payment is automatically liable to pay the creditor a fixed indemnity for collection costs, 数额由法令规定. Where the recovery costs incurred exceed the amount of this flat-rate compensation, the creditor may request additional compensation, 以正当理由为准. 然而, the creditor may not invoke the benefit of these indemnities when the opening of safeguard, recovery or liquidation proceedings prevents payment of the debt owed to it on the due date.
3. Subject to specific provisions more favourable to the creditor, where an acceptance or verification procedure is provided for to certify the conformity of the goods or services to the contract, 设置此过程的持续时间 in accordance with good commercial practice 和, 无论如何, does not exceed 三十天 from the date of receipt of the goods or performance of the services, unless expressly stipulated otherwise by contract 和 provided that this does not constitute an unfair term or practice within the meaning of the penultimate paragraph of 艺术icle L. 441-16或第L条. 442-1.
的 duration of the acceptance or verification procedure may not have the effect of either increasing the duration or shifting the st艺术ing point of the maximum payment period provided for in the second, 第三和第四段, unless expressly stipulated otherwise by contract 和 provided that this does not constitute an unfair term or practice, within the meaning of the penultimate paragraph of 艺术icle L. 441-16或第L条. 442-1.
重点:
- 延期偿付的利益: 的 late payment penalties stipulated by Article L 441-10 of the 商业 Code cannot be combined with statutory late payment interests. 的ir purpose is to compensate the creditor for the prejudice suffered due to the payment delay.
- 应用程序: General terms 和 conditions of sale must specify the application methods 和 interest rate of these penalties, 根据l441 -10条款. This requirement is derived from EU Directive 2011/7, 纳入法国法律, aimed at combating late payments in commercial transactions.
- 处罚性质: Contrary to what their name might imply, late payment penalties do not constitute a penal clause. 的 Court of 卡斯商学院ation has confirmed that they are indeed moratory interests (卡斯商学院. com. 2-11-2011 n° 10-14.677 F-PB).
- 权益资本化: Moratory interests can be capitalized under the conditions outlined in Article 1343-2 of the Civil Code, thereby enhancing their effectiveness in compensating the creditor.
- 通用规则的适用: Although both late payment penalties 和 statutory late payment interests 分享 the same objective—to compensate for the damage caused by payment delays—the specific rules of the 商业 Code take precedence in the context of commercial transactions, 遵循一般法律的原则(C). 文明. 艺术. 1105).
法律引用:
- 卡斯商学院. com. 24-4-2024 n° 22-24.275 F-B, Sté française d’étude et de formation (SFEF) v. 城市之路
- Article L 441-10 of the French 商业 Code
- 法国民法典第1231- 36条
- 2011年2月16日欧盟指令2011/7
For further questions on late payment penalties or to seek personalized legal advice, 请随时十大菠菜台子的律师事务所.