The creditor cannot be deemed to have

Application pratique:

Under this ruling, payment is not considered made until the sum is actually credited to the recipient lawyer's sub-account at the CARPA (lawyers' cash settlement fund). The landlord should not take enforcement steps (such as issuing a notice to quit or filing a claim) until the account statement proves the funds are available. Always wait for written confirmation of credit before acting, and instruct your lawyer to obtain a dated statement showing the exact credit date.

Application pratique:

According to the case law, payment is effective only when the sum is made available in the sub-account designated for client funds. The buyer's transfer on the due date is insufficient; the credit date governs. To avoid losing the contract, the buyer should always send the deposit several business days before the deadline and obtain unequivocal proof from the notary that the funds are in the appropriate sub-account (CARPA or equivalent) by the deadline. In this situation, if the credit occurred after the deadline, the seller may be entitled to withdraw, so immediate legal advice is essential.

Application pratique:

The ruling clarifies that the giving of a cheque is not payment; the debt is only discharged when the sum is irreversibly credited to the receiving party's lawyer's CARPA sub-account. Co-owner A’s lawyer should have used a faster transfer method (e.g., bank wire) to ensure timely credit. Co-owner B’s default notice on 9 April is premature and may be contested. To protect yourself, always confirm the expected credit date with the paying party and verify receipt with a CARPA account statement before alleging default or taking legal action.