Mise en Demeure de Livraison Template for France

A Mise en Demeure de Livraison is a formal legal notice you must serve when a party fails to deliver goods or services within the contractual timeframe under French law. This document serves as an essential prerequisite before pursuing legal action and provides the defaulting party with a final opportunity to fulfill their delivery obligations.

When do you need this document?

You need a Mise en Demeure de Livraison when a supplier, vendor, or contractor has failed to deliver goods or services by the agreed deadline. This applies whether you're dealing with commercial transactions between businesses, consumer purchases where delivery is delayed beyond legal timeframes, or service contracts where performance has not been completed. The document is particularly crucial in construction projects where material delivery delays can cause significant project disruptions, e-commerce situations where products are not shipped within promised timeframes, or B2B supply arrangements where delivery schedules are critical to operations. Under French law, you cannot proceed directly to court without first serving this formal notice, making it an indispensable step in the legal process.

Key legal considerations

Your Mise en Demeure de Livraison must include precise identification of both parties with complete corporate details including SIRET numbers for businesses. The document must clearly describe the goods or services that should have been delivered, reference the original contract and agreed delivery terms, and provide specific evidence of the delivery failure or delay. You must grant a reasonable new deadline for performance - typically 8 to 15 days depending on the nature of the goods or services. The notice should specify the consequences of continued non-performance, including potential contract termination, damages claims, or alternative sourcing at the debtor's expense. Ensure the document is dated and delivered through registered mail with acknowledgment of receipt to establish proof of service for potential court proceedings.

Legal requirements in France

Under Article 1344 of the Code Civil, the mise en demeure is mandatory before claiming damages or pursuing contract termination for non-performance. Article 1610 specifically addresses delivery obligations and formal demand requirements in sales contracts, while Article 1611 outlines delivery conditions and consequences of default. For commercial relationships, Article L442-1 of the Code de Commerce governs delivery practices and commercial obligations between businesses. Consumer transactions fall under Article L216-1 of the Code de la Consommation, which defines delivery timeframes and consumer rights in case of delays. The document must be served in French and follow specific formatting requirements. You must allow reasonable time for compliance based on the nature of goods or services involved. Failure to properly serve a mise en demeure may invalidate subsequent legal proceedings, making careful attention to procedural requirements essential for enforcing your delivery rights under French law.