Charlotte GAUCHON
Cooperation and competition between credit institutions: legal issues
By Charlotte GAUCHON30 June 2025The banking sector operates on an apparent paradox: intense competition coexists with indispensable collaboration. Credit institutions, while rivals on the market, are forced to cooperate to ensure the operation of common infrastructures and to carry out large-scale financial operations. This duality places the players in the sector in a complex legal environment, at the crossroads of banking law and competition law. Understanding this ecosystem is a prerequisite for any institution wishing to develop in complete security. While the general framework for credit institutions defines their individual obligations, the interactions between them raise specific issues that require constant vigilance. Navigating these regulatory waters calls for a detailed analysis, which falls within the scope of our expertise in banking and financial law. Collaboration between credit institutions: a sectoral imperative Far from being mere competitors, credit institutions are also...
Bank liability for cheque anomalies: developments and limits
Banking and securities law, Banking liabilityCheques continue to raise pertinent legal questions in terms of banking liability. The ruling handed down by the Commercial Chamber of the French Supreme Court on 5 March 2025 clarifies the scope of banks' duty of vigilance with regard to the detection of apparent anomalies on cheques. This decision...Is it possible to foreclose on a debtor despite having a case of overindebtedness?
Credit and consumer law, Over-indebtednessThe principle is that seizures are suspended for the duration of the proceedings. In addition, creditors are prohibited from levying any further seizures. Some seizures cannot be suspended despite an overindebtedness file. This is the case for seizures of maintenance and property when an auction date has been set.The anatocism clause, or capitalisation of interest
Mortgages, Credit and consumer lawThe capitalisation of interest, more technically known as anatocism, is a mechanism that can have significant financial consequences on the cost of a debt in the event of late payment. The term may seem technical, but it is worth understanding how it works and what it involves, particularly in the case of mortgages. If...The banker's liability
Banking and securities law, Banking liabilityIn their relationship with their customers, bankers are subject to a set of obligations and responsibilities, the contours of which have gradually been defined by case law and the law. This banking responsibility is based mainly on two essential concepts: the duty of vigilance and the duty to warn, which are supplemented by the...Financial engineering and banking liability
Banking and securities law, Banking liabilitySophisticated financial arrangements, often referred to as financial engineering, have become commonplace in the banking world. While they offer opportunities, they also entail significant risks, both for customers and for lending institutions. Understanding the mechanisms at play and the...Bank liability for financial engineering
Banking and securities law, Banking liabilityFrench banking law has undergone significant changes in recent years, particularly with regard to financial engineering. Faced with increasing litigation relating to structured loans and complex financial arrangements, case law has gradually defined a framework for assessing a banker's liability. Understanding this framework is...Bank liability as an investment services provider
Banking and securities law, Banking liabilityInvestment services providers (ISPs) are subject to a separate liability regime, with enhanced professional obligations Explanation.The statute of limitations on enforcement of a judgment
Guarantees, securities and enforcement lawYou have obtained a court ruling in your favour, but your opponent is not complying spontaneously. Or on the other hand, you have been convicted and you are wondering how long this sword of Damocles will hang over your head. A judgement is not eternal. Its forced execution...Does a bailiff have the right to seize a bank account without warning?
Guarantees, securities and enforcement law, BailiffsThe discovery of a seizure on your bank account is an unsettling experience, especially as it comes without prior warning and can plunge the debtor into serious difficulty. This measure, known as seizure-attribution (saisie-attribution), is a compulsory execution procedure whereby a creditor, through the intermediary of a judicial commissioner (formerly a bailiff),...Payment in arrears or in arrears
Credit and consumer lawThe terms "payment in arrears" and "payment in arrears" refer to different payment methods. These payment methods are not used in the same cases and do not offer the same advantages.Fake bank advisor fraud
Banking and securities lawHave you been scammed by a bogus bank adviser? Here's how to defend yourself.Is AI up to date? Legal Watch and Artificial Intelligence - still on the subject of the disappearance of the JEX
Guarantees, securities and enforcement lawPlease note: not all IAs have been informed of the disappearance of the movable JEX.Disappearance of the JEX mobilier - the compulsory details of your writ of summons to contest a measure of seizure of movable property
ModelModel summons to appear before the Court of First Instance to contest a seizure of assets before the Court of First Instance from 01/12/2024Mortgage credit
Credit and consumer lawMortgage credit is credit secured by a mortgage. All types of credit can be secured by a mortgage: real estate credit, consumer credit, business credit, etc. However, the use of a mortgage guarantee is only possible under certain conditions. Mortgage credit: principles of...Participative financing: what innovations in 2024?
Credit and consumer law, Equity loansFind out about the innovations in participative financing in 2024, a fast-growing method of financing a variety of projects in France, including renewable energy.Equity loans: a fast-growing financing solution
Credit and consumer law, Equity loansEquity loans are a way of financing growing businesses. Find out more about its advantages, disadvantages and how it works.Blocked bank account after death: operation and deadline
Banking and securities lawHow long does it take for a bank account to be blocked following the death of the account holder? The question of what happens to one or more bank accounts in the event of death is far from rhetorical, and can be a determining factor not only for the heirs, but also for the...Forfeiture of a matured loan
Credit and consumer lawCredit institutions or banks sometimes declare that the term of a loan that has fallen due, i.e. has expired, has lapsed. This practice, which stems from the lender's misapplication of the rules of law, has often been encountered by our firm. Analysis. Acceleration of the term: definition The acceleration clause is a...Recourse against a bailiff
Guarantees, securities and enforcement law, BailiffsWhen faced with a judicial commissioner, people may feel powerless. A public officer, this auxiliary of justice, formerly a bailiff, fulfils a public service mission by being responsible for enforcing legal decisions and serving documents. However, like any professional, they may commit errors or omissions.Contentious withdrawal: how does it work in 2024?
Banking and securities lawLitigious withdrawal, a mechanism provided for in Article 1699 of the Civil Code, is a powerful but often misunderstood right. It allows a debtor to buy back his own debt for a fraction of its face value when it has been assigned by his original creditor to another company. For example:...
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