Invoices: what is the payment deadline?

Invoices: what is the payment deadline?

"I'd like to know what the regulations are regarding the payment period for invoices, which I thought was 30 days. However, on several occasions I've received invoices that have to be paid within 15 days or even less. Can you tell me what the rules are and what the debtor's rights are?

Anne-Catherine, Geneva

In contractual matters, it is necessary to determine when the debtor can perform the service to which he has committed himself, and when the creditor can demand that the service be performed.

The general rule is that, in the absence of a stipulated term or a term resulting from the nature of the business, the service may be performed and performance may be required immediately.

This provision is of a suppletive nature and therefore only applies in the absence of a formal or presumed agreement between the parties. It should also be noted that certain special rules provide for a specific term for the performance of the service.

For example, in the case of a lease, the law stipulates that the rent must be paid at the end of each month. However, the parties are free to agree a different term, and the vast majority of leases stipulate that payment must be made monthly in advance.

When it comes to sales, the legislator has stipulated that, unless otherwise agreed or customary, the buyer and seller are obliged to fulfil their obligations simultaneously. So when you buy a baguette of bread, the baker can demand payment of the sale price directly. In practice, the parties often agree different terms of performance, as in the case of mail-order contracts, which stipulate that the price must be paid within a certain period after delivery of the goods.

It is clear from the above that, contrary to popular belief, the law of obligations does not provide for a "30-day" payment period. The contracting parties remain free to agree when the debt is due and an invoice payable "within 15 days" complies perfectly with the law in force.