The registered letter with acknowledgment of receipt (or LRAR) is often used to prove that the recipient has received a letter.
But what happens if this one, intentionally or not, is not going to look for the recommended one or will look for it 10 days after the presentation at his residence?
In case of delivery to the recipient
For a registered letter, the date of notification of this letter is the date affixed by the post office at the delivery to the addressee (669CPCparagraph 3).
Simple, but it's worth remembering ...
In case of non-delivery to the recipient
Position of the problem
But what happens if the recipient does not pick up the letter? Does this mean that there is no notification?
Article 669CPC could seem silent on this point for some.
The historical position of jurisprudence
For a time, the case law considered that the date of surrender was at the date of the presentation letter to the recipient's address, even if he was absent (C. Cass. Company, October 17, 2000, No. 98-42581, or C. Cass. Company, November 30, 1972, No. 71-13401)
Nevertheless, the situation seems to have changed!
The new position of jurisprudence
The Supreme Court now seems to consider that the date of notification is that of the surrender effective the registered letter: if there is no discount, there is no date of notification.
To be clearer, in this situation, your recommended was useless!
It's sort of a more literal application of the article 669CPC.
This approach seems to apply to all areas of law, in particular:
- on rental leave (C. Cass, 3rd civ., July 13, 2011, n ° 10-20478, C. Cass. 3rd civ., January 10, 1996, No. 93-17725 or C. Cass. 3rd civ., December 14, 1994 No. 93-12481);
- dismissal (C. Cass. Company, June 8, 2011, No. 10-17022);
- in litigation with the administration (Administrative Court of Appeal of Paris, n ° 07PA00981, March 4th, 2008).
In case of refusal
In case of presentation to the addressee, but which the latter refuses, one may wonder what would be the position of the Court of Cassation.
The answer is uncertain, but I think that the High Court will follow its judgment of December 16, 2009 (C. Cass.soc., December 16, 2009, No. 08-42922) in which she had validated a dismissal while the employee had refused the hand delivery of a letter of dismissal.
Why would the legal solution be different with the refusal of a recommended?
Nevertheless, it would not be the first time that the Court of Cassation has changed its mind ... so " wait and see »...