Fines, complaints and courts · Contract · an order for performance
Order to perform a contract in France
A French order for performance concerns an obligation arising from a contract where not all parties are merchants and the claim falls within the procedural scope. The application identifies the obligation, its basis and evidence. If the court finds it justified, it sets arrangements and a performance period. A claim seeking only payment follows a different route.
- Contract and non-performance evidence
- Check court competence
- Use the period set in the order
- Official texts cited
- Sources checked on
- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Does rejection prevent an ordinary court claim?
No. The initial rejection is not appealable within this procedure, but an ordinary claim remains available. Article 1425-9 also addresses proof of a contribution already paid to avoid paying it again in that situation.
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Which obligations can be covered by a performance order?
The procedure concerns performance in kind of a contractual obligation where not all parties are merchants. This may be a promised service not carried out. Check the parties’ status, nature of the obligation and court competence: general dissatisfaction or a refund request alone does not describe the performance sought.
Does your request identify an obligation to perform?
The worksheet separates performance from debt recovery, then prepares the supporting documents for the application.
Fictional example · Your preparation worksheet
Describe the contractual obligation, its basis and supporting evidence. Then check court competence and representation before applying.
- Performance sought
- Install the equipment in the accepted quote
- Starting evidence
- Accepted quote and dated reminders
- Gather the contract or accepted quote, promised schedule and evidence of non-performance.
- Distinguish the requested performance from any damages sought if it is not carried out.
- Identify the defendant’s residence and place of performance to check the competent court.
- If an order is made, keep its conditions and hearing date; inform the registry if performance occurs.
Fictional example. The court assesses the claim and sets arrangements; this worksheet neither grants an order nor files an application.
Which court can receive the application and is a lawyer required?
Article 1425-1 refers to article 817, which in turn refers to the representation exemptions in article 761. Outside particular jurisdictional categories, that framework includes a 10,000-euro threshold; it does not summarise all protection-judge powers. Also examine the defendant’s residence and where the obligation is to be performed.
CPC article 1425-1CPC article 817CPC article 761CPC article 1425-2
What follows an order or initial rejection?
| Situation | Next step | Evidence to keep |
|---|---|---|
| Application accepted | Court sets obligation, terms and period | Order and notification |
| Performed within the period | Inform registry; removal from the list | Evidence of performance |
| Wholly or partly unperformed | Hearing and decision after attempted conciliation | Record of outstanding work |
| Initial rejection | Ordinary procedure remains possible | Rejection and any contribution receipt |
CPC article 1425-4CPC article 1425-7CPC article 1425-8CPC article 1425-9
What evidence supports a request for performance in kind?
The application states the obligation, its basis and any damages sought if the order is not carried out. Attach the contract or accepted quote, scheduling commitments and evidence of what remains undone. A dated reminder helps explain the chronology but does not replace proof of the contractual terms.
What does the order establish if the application succeeds?
The court identifies the obligation, performance period and conditions and schedules a review hearing unless performance is reported. No universal thirty-day period replaces the actual order. The registry notifies it by registered post with acknowledgment of receipt. Keep the order and notification to establish the actual steps.
What does the governing text say about an order for performance?
L'exécution en nature d'une obligation née d'un contrat conclu entre des personnes n'ayant pas toutes la qualité de commerçant
In plain English: Article 1425-1 concerns contractual performance in kind within a defined scope. Following provisions govern competence, evidence and what follows the order.
What happens if the business does not perform?
If performance remains wholly or partly outstanding, the court decides after attempting conciliation within its powers. Do not ignore the scheduled hearing. Conversely, where the obligation has been performed within the set period, the applicant informs the registry so the matter can be removed from the list.
What else should you know about an order for performance?
Does rejection prevent an ordinary court claim?
No. The initial rejection is not appealable within this procedure, but an ordinary claim remains available. Article 1425-9 also addresses proof of a contribution already paid to avoid paying it again in that situation.
Is a performance-order application always free in 2026?
Do not assume so. Article 1425-9 expressly addresses a legal-aid contribution already paid. Check the contribution, exemptions and case-specific costs at the time of filing.
Should the applicant attend if nothing has been performed?
Yes. The hearing allows the adversarial next stage. An applicant’s absence without a legitimate reason can cause lapse. Article 1425-7 provides a limited fifteen-day route to inform the registry of a legitimate reason that could not be raised in time.
Does filing the application affect limitation?
Article 1425-3 gives registration at the registry an interruptive effect on limitation and time to act. Document the registration date; do not assume that effect from a draft or an unproven dispatch.
Which sources explain an order for performance?
- CPC article 1425-1DILA / Légifrance, texte normatif officiel
- CPC article 1425-2DILA / Légifrance, texte normatif officiel
- CPC article 1425-3DILA / Légifrance, texte normatif officiel
- CPC article 1425-4DILA / Légifrance, texte normatif officiel
- CPC article 1425-5DILA / Légifrance, texte normatif officiel
- CPC article 1425-7DILA / Légifrance, texte normatif officiel
- CPC article 1425-8DILA / Légifrance, texte normatif officiel
- CPC article 1425-9DILA / Légifrance, texte normatif officiel
- CPC article 817DILA / Légifrance, texte normatif officiel
- CPC article 761DILA / Légifrance, texte normatif officiel
Texts cited last checked: 19 October 2026