Posted 9 September, 2022 | Category : .
When all or part of the compensation due in virtue of a partnership or a contract mentioned in the first paragraph of article L.6148-5 of the Code of Public Health with regard to investment costs, which in particular include engineering and design costs, construction and related costs, intermediate financial fees and financing costs, is transferred in application of article L.513-13 of the code, the contract may stipulate that the transfer is subject to acceptance by the public sector entity under the followiing conditions and within the limit stipulated in article L.313-29-2. The acceptance governed by this article is recognized (or is otherwise not valid) by a written statement referred to as an “act of acceptance of the transfer of receivables to a société de crédit foncier” and it is subordinated to the recognition by the contracting public sector entity that the investments were carried out in accordance with the contract’s provisions. On the basis of this recognition and unless the société de credit foncier in acquiring the receivable knowingly acted against the public sector debtor, the public sector entity is obliged to ensure direct payment for the receivable transferred to the société de credit foncier and no compensation or other exception based on the personal relations of the debtor with the holder of the partnership contract or of the contract mentioned in the first paragraph of article L.6148-5 of the Code of Public Health, such as the annulment, resolution or cancellation of the contract, cannot be opposed to the société de credit foncier, except for the four-year statute of limitations governed by law 68-1250 of December 31, 1968, on the statute of limitations for claims on the French government, departments, municipalities and public sector entities.
The holder of the contract is obliged to pay back to the contracting public sector entity any debt owed by reason of any omission in the fulfillment of contractual obligations and, in particiular, because of the penalties that might have been imposed. Appealing execution of a decision by the public sector entity is not suspensive within the limit of the amount accepted to the benefit of the société de credit foncier.
The société de credit foncier can at any moment forbid the public debtor of the receivable transferred to pay the signer of the receipt. Once such notification has ben received (the formulation is determined by decree of the Conseil d’Etat), the public sector debtor only ensures valid payment by settling with the société de credit foncier.