Invoice Acceptance Modes (Second Part)

Practical examples of circulation or acceptance of invoices

1. A court judged that a common score between the parties, materialized in a minutes from which the conclusion of a clearing act resulted, means that the recipient accepted the invoice and therefore the debit is thus certain.
2. The penalty situation: There are also situations in which the signing of invoices does not automatically mean the acceptance of the penalties mentioned therein. The penalties on the invoice are considered to be accepted by signing the invoice only if the penalties are stipulated in the contract or assumed by agreement of will. It is not enough for penalties to be written on the invoice alone.
3. If you do not want to accept an invoice from a contractual partner, you must ask the customer to cancel or rectify it. An invoice issued by the contractual partner cannot be claimed in court.
4. The problem of acceptance of invoices has a particular connotation in the litigation practice of the payment order. Many requests for payment orders were rejected due to the fact that there was no explicit recognition or implication on the part of the debtor.
5. Another issue in accepting invoices is related to the person employed by the professional recipient who receives them without raising objections. We ask ourselves whether such reception may be worth accepting. It has been established in the specialized doctrine that the receipt of an invoice by an employee of the beneficiary does not amount to acceptance of the payment, since receipt of the invoice is a material act, while acceptance of the invoice requires a manifestation of will from the person authorized to pay the invoice .

The handing over of the invoices does not amount to accepting the content of the benefits inserted therein, as it can not be accepted that the signature of an employee has accepted the payment of an invoice as equivalent to the benefits.

In conclusion, only the person who is empowered to make the payment of the debit can accept the invoice, by signing for it.