Formal Order to Perform Obligations in Tunisia: Specific Performance and Legal Notices
Legal guide on forcing a counterparty to perform specific contractual or judicial obligations in Tunisia through official bailiff command and penalty payment.
Direct Answer: What is a notice to perform in Tunisian law?
In Tunisia, a notice to perform (commandement de faire) is a formal deed served by a judicial bailiff (huissier de justice) ordering an individual or company to perform an obligation to do something, or to stop an unlawful act, under a contract or a court decision. Unlike a payment demand, which concerns a sum of money, it covers obligations in kind: completing construction works, handing over administrative or accounting documents, demolishing an unlawful party wall or returning a company vehicle. Under the Tunisian Code of Obligations and Contracts (Article 275 et seq.), after this notice, the creditor may be authorised to have the obligation performed at the defaulting debtor's expense. Proof that the notice was ignored also allows the court to impose or liquidate a daily penalty (astreinte) until full compliance, under the Code of Civil and Commercial Procedure. Organic Law No. 2018-9 (Article 13) entrusts bailiffs with serving such notices and recording non-compliance.
The procedure at a glance
| Step | Who | Effect | Legal basis |
|---|---|---|---|
| Service of the notice to perform | Judicial bailiff | Formal demand to perform the obligation | Organic Law No. 2018-9 (Art. 13) |
| Recording non-compliance | Judicial bailiff | Proof of non-performance | Organic Law No. 2018-9 (Art. 13) |
| Daily penalty (astreinte) | Court | Imposed or liquidated until full compliance | Code of Civil and Commercial Procedure |
| Performance at the debtor's expense | Authorised creditor | Obligation carried out at the defaulting debtor's cost | COC (Art. 275 et seq.) |
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Formal Payment Demand by Bailiff in Tunisia: Legal Standing and Recovery Procedure
Comprehensive guide to official payment demand notices served by bailiffs in Tunisia: formal default, statutory interest, and court escalation.
Read this guideFrequently Asked Legal Questions
Can financial daily penalty fines (astreinte) be requested if ignored?
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