Raphaël MORENON

Banking and securities law

The lure of historically low interest rates has often led borrowers, whether local authorities, healthcare institutions or entrepreneurs, to turn to financing solutions presented as more advantageous. Structured loans, often referred to as "toxic" loans, have proved to be formidable arrangements. Built on...

Banking and securities law, Banking liability

Borrowing to finance a rental property investment, often as part of a tax exemption scheme, is a common asset management strategy. These operations, which are presented as advantageous, are based on a delicate financial balance: the rental income and tax benefits are supposed to cover the repayments on the loan....

Banking and securities law, Banking liability

Financial packages combining a bank loan with a life insurance policy are common investment solutions, often presented as advantageous asset transactions. This type of arrangement, in which a loan, often a bullet loan, is used to finance a life insurance investment pledged to the bank, is based on the hope that the...

Banking and stock exchange law, Ducroire

The bank del credere, a guarantee mechanism that is often misunderstood, nevertheless represents a powerful legal tool for securing commercial transactions. It is a form of undertaking by which a credit institution guarantees payment of a claim to its beneficiary, usually a seller, in the event of default by the debtor. This guarantee,...

Law of guarantees, securities and enforcement measures, Seizure of ships

The seizure of bunkers, i.e. the fuel needed to propel a ship or aircraft, is a particularly formidable enforcement measure for a debtor. Seemingly simple, this procedure in fact immobilises a valuable asset and paralyses a business operation. It raises complex legal issues, including the...

Law of guarantees, securities and enforcement measures, Seizure of property, Seizure and sale of assets

Attachment of receivables is an essential legal procedure for creditors seeking to secure the recovery of their debt. It makes a sum of money owed to your debtor by a third party, such as a bank or a customer, unavailable even before a court order has been issued...

Law of guarantees, securities and enforcement measures, Seizure of ships

When a creditor seeks to recover its debt from a shipowner or operator, the immobilisation of the vessel by means of a protective attachment is a formidable weapon. This measure, although temporary, paralyses the commercial operation of the asset, creating a strong incentive to pay. However, its implementation is subject to a number of restrictions...

Law of guarantees, securities and enforcement measures, Seizure of ships

The precautionary seizure of a vessel is a formidable procedure for any creditor seeking to recover a debt. It makes it possible to immobilise a valuable asset, often the debtor's main working tool. However, the procedure is fraught with pitfalls, particularly when the issue of ownership of the vessel is at stake...

Law of guarantees, securities and enforcement measures, Seizure of ships

The detention of a vessel by means of a protective attachment is one of the most effective weapons available to a creditor. By nailing a ship to the quayside, the economic activity of its operator is paralysed, creating a powerful lever for obtaining payment of a debt. However, this procedure is extremely complex...

Law of guarantees, securities and enforcement measures, Seizure of ships

The precautionary seizure of a vessel is a formidable procedure for creditors seeking to secure their claim. It results in the immobilisation of a valuable asset, often at the heart of the owner's economic activity. However, the international nature of maritime transport creates unique legal complexities. Determining the right...

Joint ownership, Civil procedure

The management of jointly owned assets, whether inherited, post-communal or acquired jointly, raises complex issues when creditors are involved. The situation becomes even more complicated when several categories of creditor, with divergent interests, are competing for the same assets. Understanding the hierarchy...

Joint ownership, Civil procedure

When someone owes you money, their assets are your collateral. You have the right to resort to seizures to obtain payment of your debt. But what happens when your debtor does not own his assets outright, but in joint ownership with other people, for example?

Joint ownership, Civil procedure

When assets are held jointly, whether as a result of inheritance, divorce or joint acquisition, managing debts can quickly become a source of complexity and conflict. For creditors, identifying the right debtor and the assets that can be seized is a major challenge....

Joint ownership, Civil procedure

When a property is held by several people, whether as a result of inheritance, divorce or joint purchase, the resulting legal situation is known as indivision. While this situation can be chosen, it is often suffered and can become a source of complexity, particularly when...

Law of guarantees, securities and enforcement measures, Attachment of remuneration

Receiving a garnishee notice on your wages is an ordeal that can destabilise both employees and company directors. However, this measure, which directly affects earned income, is not arbitrary. It is strictly regulated by law to balance the rights of the creditor to recover his debt...

Guarantees, securities and enforcement law

Seizure is a legal procedure that enables a creditor to obtain payment of his claim by having his debtor's assets seized. An essential mechanism of enforcement law, it is strictly regulated to balance the rights of the creditor and the protection of the debtor. The purpose of this article is to...

Law of guarantees, securities and enforcement measures, Seizure of ships

Ownership of a vessel is not always the prerogative of a single person or entity. Whether by inheritance, joint purchase or operating arrangement, several people may find themselves co-owners of the same vessel. If this situation is not properly regulated, it can lead to deadlock, particularly when one or more of the parties involved is...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

The expansion of the digital economy has given rise to new forms of wealth. Domain names, cryptoassets, virtual goods in metavers: these dematerialised assets represent a very real economic value and, consequently, a major challenge for debt recovery. For creditors, understanding these intangible assets means...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

Initiating collection proceedings against a business debtor often involves targeting its most valuable assets. While the seizure of company shares is a well-known option, creditors may also be interested in other assets, such as the business goodwill or operating licences on which the business depends. However, the nature...

Law of guarantees, sureties and enforcement measures, Seizure of partnership rights and securities

Pursuing the recovery of a debt often involves searching for seizable assets in the debtor's estate. While property assets and bank accounts spring to mind, intellectual property rights can also be of considerable value. Trademarks, patents and copyrights are just some of the...