En présence d'une contestation du

Application pratique:

Under this ruling, because the tenant disputes the debt, the penalty claim is not 'certain, liquid and exigible' (i.e. not clearly established, precisely quantified, and due) — so the landlord cannot use fast-track enforcement procedures like a simple injunction to pay. The landlord must instead bring a full court action so a judge can rule on whether the penalty clause is valid and, if excessive, reduce it. Before going to court, the landlord should gather the lease, payment history, and formal notice letters, and should not try to seize assets or bank accounts based on the penalty alone. Consulting a lawyer before initiating recovery proceedings will avoid a procedure being thrown out for lack of a clear, undisputed debt.

Application pratique:

This case law confirms that because the contractor genuinely disputes liability for the delay, the co-owner cannot simply deduct the penalty from the final payment or obtain an immediate payment order — the debt is not yet 'certain, liquid and exigible'. The co-owner should document the delay precisely (site visit reports, emails, photos) and formally put the contractor on notice (mise en demeure) before any legal action. If the dispute persists, the matter must go before a judge, who alone can determine whether the penalty is due and its exact amount. Avoid withholding the full balance without legal advice, as this could itself be challenged as an unjustified non-payment.

Application pratique:

Per this decision, since the buyer contests the penalty's applicability, the seller cannot treat the sum as automatically owed or deduct it from the deposit without a court ruling confirming the debt is certain, liquid and exigible. The buyer should promptly send written evidence (bank correspondence, mortgage refusal or delay notices) showing the cause of delay was outside their control, as this may exempt them under the clause's own terms or force majeure principles. If the seller insists on payment, the buyer should not pay under pressure but request a formal, reasoned demand and seek legal advice before any notarised settlement. Ultimately, only a judge can settle the dispute and fix the penalty amount, or waive it, after examining the circumstances.