Paying a debt in Mali: receipts, grace periods, formal tender and assignment of claims
The rules on paying debts in Mali under the 1987 General Law of Obligations: who pays and who receives, receipt, currency and exchange rate, grace period of one year at most, allocation of payments, formal tender and deposit, assignment of claims, subrogation, novation, debt release.
Paying a supplier, settling overdue rent, buying a claim: in a business as in a household, debts are paid, transferred and extinguished under precise rules. In Mali they are in Title IV of the General Law of Obligations (1987), articles 163 to 216. Here are the points that matter most often.
Please note: these are general rules. Some debts (taxes, wages, commercial paper) also have their own rules. For a large amount, get a lawyer or a judicial officer to help.
Key points (text checked on 19 October 2026)
- A debt can be paid by a third party, even against the creditor's will, unless the debtor has voiced opposition or the debt must be paid by them personally (articles 183 and 184).
- Whoever pays may demand a receipt and, if the debt is fully extinguished, the return or destruction of the instrument (article 207).
- A court may grant a debtor acting in good faith a grace period, one year at most in total (article 198).
- Assignment of a claim is made in writing and must be served on the debtor to be enforceable against them (article 165).
Who pays, who receives
| Point | Rule |
|---|---|
| Payment by the debtor in person | required if the nature of the obligation makes this important to the creditor, or if agreed (article 183) |
| Payment by a third party | possible in all other cases, even against the creditor's will; the creditor may refuse if the debtor has told them of their opposition (article 184) |
| Who receives | the creditor, their representative, their heirs or the assignee of the claim (article 185) |
| Apparent creditor in good faith | payment made in good faith to someone who apparently is the creditor is valid if ratified or if it benefits the true creditor (article 186) |
| Incapable creditor | payment is not valid, unless it is proved to have benefited them (article 188) |
To pay validly, you must own what you hand over (article 187).
What is paid, when and where
| Point | Rule (articles 189 to 198) |
|---|---|
| Same performance | the creditor cannot be forced to accept a different performance; for a thing known only by its kind, delivering average quality releases the debtor |
| In one go | every obligation is performed at once, unless the law, agreement or a court decision says otherwise |
| Costs | borne by the debtor, unless agreed otherwise |
| Currency | a money debt is paid in the currency of the place of payment |
| Foreign currency | the exchange rate is that of the day and place of payment; after formal notice, the creditor chooses between the day of notice and the day of actual payment |
| Gold or foreign-currency clauses | valid only for international payments |
| Indexation | possible on a determinable index, provided the contract's economics or the borrower's activity are directly related to movements in the index |
| Place | the debtor's home, unless agreed; for a specific item, where the item was when the contract was made |
| Due date | from the moment the obligation arises, unless the contract provides otherwise; before any enforcement, the debtor must receive formal notice (mise en demeure), unless agreed or special rules apply |
The grace period
Outside tax debts and unless the law provides otherwise, judges may, taking into account the debtor's good faith and economic circumstances, grant moderate time limits to pay any obligation and stay proceedings. These periods may never exceed one year in total; they cannot be granted more than twice without the total exceeding a year. The judge may grant them when giving judgment, and the interim-relief judge at any stage (article 198).
Which payment goes to which debt (allocation)
A debtor of several debts names the one they are paying (article 199). They cannot, against the creditor's wishes, pay a debt not yet due whose term is in the creditor's favour, or a debt larger than the sum paid. When they owe principal, interest and costs, payment goes first to interest and costs, unless the creditor agrees otherwise.
If the debtor names nothing, the creditor may designate the debt in the receipt, if the debtor does not object at once (article 200). With no indication at all, payment is allocated first to debts already due, giving priority to those the debtor had most interest in paying; if equal, to the oldest; otherwise proportionally (article 201).
When the creditor refuses payment
The debtor may make a formal tender (offres réelles), then deposit the sum at the creditor's risk; a tender followed by deposit releases the debtor (article 202).
| Conditions for a formal tender (article 203) | Conditions for the deposit (article 204) |
|---|---|
| made to a creditor able to receive it or their agent, by a person able to pay | preceded by a demand (sommation) |
| covers the whole sum due, with interest and costs | sum placed with the deposit and consignment office (or the item in an authorised place) |
| term expired if it is in the debtor's favour, condition fulfilled | public officer's record of the refusal and the deposit |
| made at the agreed place, otherwise the creditor's home, by a public officer | court authorisation not needed |
The costs of the tender and deposit are borne by the creditor (article 205).
Proving you have paid
Proof of payment follows the general law of evidence (article 206). Whoever pays may demand a receipt; if the debt is fully extinguished, the return or destruction of the instrument; if payment is partial, a note on the instrument the creditor keeps (article 207). A receipt for the principal raises a presumption that interest was paid (article 208). The creditor's voluntary return of the original private-signature instrument is proof of release (article 214).
A natural obligation performed freely, knowingly and by a person able to bind themselves is a valid payment that cannot be recovered (articles 209 and 210).
Other ways to extinguish or transfer a debt
| Operation | Principle |
|---|---|
| Assignment of a claim | the creditor may assign their right without the debtor's consent, unless prohibited by law, agreement or the nature of the obligation; the assignable part of wages and pensions is set by law (article 163). It is recorded in writing and served on the debtor to be enforceable against them (article 165). The assignor guarantees only the existence of the claim and its security (article 166) |
| Instruments | registered instruments pass by transfer, order instruments by endorsement, bearer instruments by simple delivery (article 167) |
| Subrogation | whoever pays the creditor takes over their rights; it is contractual (express, at the same time as payment) or by law; the subrogated party keeps the security but may recover only what they paid (articles 168 to 172) |
| Novation | a new obligation replaces the old one; it is not presumed and must come from the parties' clearly expressed will (articles 175 and 176) |
| Delegation | a debtor gives the creditor another debtor who commits to them; it needs the consent of all three parties; the old debt is extinguished only if the delegator expressly releases their debtor (articles 178 to 180) |
| Payment in kind (dation en paiement) | the creditor may agree to a substitute performance; they cannot be forced to (articles 211 and 212) |
| Debt release | voluntary release by the creditor, total or partial (article 213) |
| Assignment of assets (cession de biens) | a debtor unable to pay abandons all their assets to their creditors (article 215) |
Going further
- On contracts and their remedies: making a valid contract in Mali.
- On damages and late-payment interest: civil liability.
- To recover a claim: the judicial officer and OHADA business law.
Frequently asked questions
Can a judge give me time to pay?
Yes: taking your good faith and economic circumstances into account, they may grant moderate time limits that never exceed a year in total. Tax debts are excluded.
What if my creditor refuses my payment?
Make a formal tender through a public officer for the whole sum, then deposit it after a demand. That releases you, and the costs fall on the creditor.
Can my creditor sell my debt to a third party?
In principle yes, without your consent, unless prohibited. The assignment must be in writing and served on you to be enforceable against you.
How do I prove I paid?
Ask for a receipt and, if the debt is settled, the return or destruction of the instrument.
Official source (checked on 19 October 2026)
- General Secretariat of the Government of Mali, General Law of Obligations, law of 29 August 1987 (French), articles 163 to 216.