Debt Collection French Polynesia: Creditor's Legal Guide
French Polynesia is a Collectivité d’outre-mer (Overseas Collectivity) of France, and its commercial law system is French civil law applied through a specific constitutional arrangement: France’s metropolitan Commercial Code, Code Civil, and Code de Procédure Civile apply in French Polynesia through the principle of législation de droit commun, except where local statutes have been enacted by the Assembly of French Polynesia. For commercial debt recovery, this means the full toolkit of French metropolitan commercial recovery — injonction de payer (Articles 1405–1422 of the Code de Procédure Civile), référé-provision for urgent undisputed claims, saisie conservatoire pre-judgment attachment, and saisie-attribution bank attachment — is available through the Tribunal de Première Instance (TPI) de Papeete on the island of Tahiti, which sits as the commercial chamber for business disputes. The limitation period for commercial obligations between merchants is 5 years under Article L.110-4 of the French Commercial Code, identical to metropolitan France. EU enforcement instruments (Brussels I Recast, European Payment Order, EAPO) do not apply to French Polynesia, as it is a Collectivité d’outre-mer outside the EU’s territorial scope under Article 355 TFEU — this is the critical distinction that trips up European creditors who assume French Polynesia is governed by EU procedural law. Enforcement of foreign judgments requires exequatur before the TPI de Papeete, applying French private international law rules on jurisdiction, finality, and public policy.
An Australian seafood equipment exporter has XPF 14,000,000 (approximately EUR 117,000) outstanding from a Papeete-based fishing cooperative — two invoices under a signed supply agreement, 7 months overdue. The cooperative has acknowledged the debt verbally but is not paying. Key question: what recovery instruments are available, and does the EU Payment Order apply? Analysis: (1) EU instruments do NOT apply — French Polynesia is outside EU territorial scope (Article 355 TFEU); the European Payment Order (Regulation 1896/2006) and Brussels I Recast (Regulation 1215/2012) are inapplicable. (2) French Commercial Code L.110-4 applies — 5-year commercial limitation from due date; the claim is well within window. (3) Recovery instrument: injonction de payer before the TPI de Papeete commercial chamber — creditor’s attorney files a requête with the president; if the debt is certain, liquid, and due, an ordonnance issues; the debtor has 1 month to contest; no contest = enforceable title. (4) For a foreign creditor without a French attorney admitted in French Polynesia: instruct Papeete-licensed French-law counsel directly, as the TPI de Papeete operates in French and applies metropolitan French commercial procedure. (5) The Australian judgment (if obtained first) requires exequatur before the TPI de Papeete under French private international law — slower than the injonction route and less efficient.
The Constitutional Position of French Polynesia
French Polynesia is a Collectivité d’outre-mer (COM) of France under Article 74 of the French Constitution. French metropolitan commercial law applies through législation de droit commun. Critical limitation: EU regulations including Brussels I Recast (1215/2012), the European Payment Order (1896/2006), and EAPO (655/2014) do NOT apply — French Polynesia is outside EU territorial scope under Article 355 TFEU.
Which Laws Govern a Commercial Debt in French Polynesia
French Commercial Code (Code de Commerce): commercial obligations between merchants — 5-year limitation under Article L.110-4. Code Civil: general civil obligations. Code de Procédure Civile: injonction de payer procedure (Articles 1405–1422), référé-provision, saisie conservatoire. Local laws: the Assembly of French Polynesia may enact legislation in areas of local competence, but standard B2B commercial debt collection falls under metropolitan French law.
The Courts: Papeete, Not Paris
Tribunal de Première Instance (TPI) de Papeete (Tahiti): handles commercial disputes in French Polynesia. Appellate jurisdiction: Cour d’Appel de Papeete. French procedural rules apply, proceedings in French. No Paris courts have territorial jurisdiction over Polynesian debtors.
Procedural Tools for Creditors
(1) Injonction de payer (Articles 1405–1422 CPC): creditor files requête with TPI de Papeete; judge issues ordonnance if debt is certain, liquid, and due; debtor has 1 month to contest; no contest = enforceable title. (2) Référé-provision: urgent interim order for undisputed payment — available before the TPI de Papeete président. (3) Saisie conservatoire: pre-judgment attachment of bank accounts or assets. (4) Saisie-attribution: post-judgment bank account attachment.
Enforcement on the Ground
Huissiers de justice (enforcement officers) based in Papeete handle service of process, execution, and enforcement. Asset visibility limited compared to metropolitan France. Local financial institutions: Banque de Tahiti, Banque de Polynésie (Société Générale). Port de Papeete: vessel arrest available for maritime creditors.
Cross-Border Enforcement and Brussels I Recast
Brussels I Recast does NOT apply. Foreign judgments (Australian, US, EU) require exequatur before the TPI de Papeete under French private international law: foreign court must have had jurisdiction, judgment must be final and enforceable in origin country, proceedings must have complied with French due process concepts, and the judgment must not violate French public order. French metropolitan judgments: directly enforceable without exequatur.
How does debt collection work in French Polynesia?
French commercial law applies through droit commun principles. Injonction de payer before TPI de Papeete commercial chamber for liquid written debts. Commercial limitation: 5 years (Article L.110-4 Code de Commerce). EU instruments do NOT apply (outside EU territorial scope). Foreign judgments require exequatur under French private international law. Enforcement through local huissiers de justice in Papeete.
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