Question juridique clé
How are interim payments made during litigation to be imputed when the debtor contests interest and costs but acknowledges part of the principal debt?
Solution extraite
When interest and costs are disputed without abusive conduct, partial payments must be imputed to the acknowledged principal debt, not first to interest.
Motifs extraits
Article 85 CO yields to the special rule of Article 69(2) CO in such a situation. Because the debtor did not admit the interest claim and only acknowledged part of the principal, the creditor had to accept the partial payments and apply them to principal. The amounts paid were large enough to cover accrued interest on the acknowledged principal, so no part had to be allocated to interest.