Raphaël MORENON
Debtors' privacy in the face of seizure: legal framework, new reforms (2023-2025) and data protection
By Raphaël MORENON19 September 2025Seizure & recovery: your rights when dealing with creditors! Your privacy and your home are protected. Learn how to challenge abuses under French law.
The third party holder and the real guarantor in property seizures: understanding their roles and protection
Law of guarantees, securities and enforcement measures, Seizure of propertyThe seizure of property is an enforcement measure with far-reaching consequences, which is not limited to the relationship between a creditor and his debtor. Other people, whose status and rights are often misunderstood, may find themselves involved when the seized property has been sold or assigned...Properties subject to seizure and their specific features in property seizure proceedings
Law of guarantees, securities and enforcement measures, Seizure of propertyThe prospect of a property seizure is a considerable ordeal for any debtor. It represents the culmination of a debt recovery procedure and involves assets of major value, often emotional. Understanding which properties can actually be seized is an essential first step in understanding what is at stake and what can be avoided.Pacte commissoire and judicial allocation: alternatives to seizure of property for creditors
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen a creditor is faced with an unpaid debt, seizure of property is often seen as the most effective way of recovering the debt from the debtor's assets. However, although this procedure is effective, it is notoriously lengthy and complex. Faced with this situation, French law has...Securities account pledging in the DEEP era (Blockchain): challenges and opportunities
Law of guarantees, security interests and enforcement measures, PledgingThe pledge of financial securities is an essential guarantee for many financing transactions. Traditionally recorded in a securities account, it is undergoing a major evolution with the emergence of blockchain technology. This innovation, recognised in French law under the name Dispositif d'Enregistrement Électronique Partagée (DEEP), opens up new prospects...Pledging securities accounts and insolvency proceedings: protecting your rights in the event of insolvency
Law of guarantees, security interests and enforcement measures, PledgingFor a creditor, obtaining a pledge on a securities account is a reassuring step. But what happens to this security when the debtor goes through a financial storm and is the subject of collective proceedings? Far from being weakened, this security reveals all its power in this context, offering far greater protection than other forms of security.Enforcement of securities account pledges: recovery procedures and rights of the pledgee
Law of guarantees, security interests and enforcement measures, PledgingThe pledge of a securities account is a powerful guarantee, but its true effectiveness is measured at the time it is realised. When the debtor fails to honour his commitments, the creditor must be able to transform this security into cash to recover his debt. This phase, far from being a mere formality, is a process...Management and development of the pledged securities account: optimising the guarantee base
Law of guarantees, security interests and enforcement measures, PledgingPledging a securities account is a much more dynamic form of security than it might seem. Unlike a guarantee covering a single, specific asset, the collateral can and will change throughout the life of the loan it is securing. This ability to adapt is one of its strengths...Creating a securities account pledge: formalities, documents and best practice
Law of guarantees, security interests and enforcement measures, PledgingThe pledge of a securities account is a powerful and flexible guarantee mechanism, widely used in business to secure financing or a transaction. However, it has to be set up in accordance with a precise set of formalities, each stage of which determines its validity and effectiveness. A simple error or omission...Pledging a securities account: a complete guide to securing your financial assets
Law of guarantees, security interests and enforcement measures, PledgingThe pledge of a securities account is a key financial guarantee in the economic landscape, offering an effective means of securing a debt using a portfolio of assets. Although its mechanism is recognised for its power, its technical implementation, clarified by an abundance of case law, can seem complex to the...Refusal of a mortgage loan: the essential role of the broker and the evidence required for the suspensive condition
Brokerage, Banking and securities lawObtaining a mortgage is often the last and most stressful stage in the process of bringing a life project to fruition. A bank's refusal may seem like an abrupt halt, but when it comes to buying a property, the legal consequences depend very much on the way in which the search for...Duty to warn and solvency analysis for IOBSPs: deciphering a legal controversy
Brokerage, Banking and securities lawThe intermediary in banking and payment services (IOBSP), more commonly known as a broker, plays a central role in the search for finance for many individuals and businesses. Yet the precise scope of their legal obligations remains a source of legal debate and uncertainty. At the heart of this controversy...Credit brokers' duty to advise (COBSP): scope, limits and penalties in the event of breach
Brokerage, Banking and securities lawWhen a private individual or company director contacts a credit broker, he or she expects much more than simply to be put in touch with a bank. They are looking for expertise, support and, above all, sound advice to help them obtain the best possible financing terms. This expectation is governed by...IOBSPs: what are their obligations to inform and gather information from their customers?
Brokerage, Banking and securities lawIntermediaries in banking and payment services, better known by their acronym IOBSP, are key players in the financial landscape for many individuals and businesses. Whether they are mortgage brokers or agents, their role is to help you find the right mortgage solutions.Remuneration of IOBSPs and TEG/TAEG: the financial and legal issues for borrowers
Brokerage, Banking and securities lawThe remuneration of a banking and payment services intermediary (IOBSP), whether a broker or agent, is a key issue for any borrower. Far from being a mere technical detail, it has a direct influence on the total cost of credit and can become a source of dispute. The complexity...Banking and payment services intermediaries (IOBSP): a comprehensive guide to their legal obligations and case law
Brokerage, Banking and securities lawIndividuals and businesses wishing to obtain credit or optimise their banking services often turn to an intermediary in banking and payment services (IOBSP). Whether acting as a broker or agent, this professional facilitates the relationship between you and the financial institutions...Non bis in idem and AMF sanctions: combining criminal and administrative proceedings
AMF, Banking and securities lawThe legal principle that no one can be tried or punished twice for the same acts, known as "ne bis in idem", is a fundamental guarantee in our legal system. It protects individuals from being punished twice for the same behaviour. However, its application in...Appealing AMF sanctions: understanding judicial review and appeal procedures
AMF, Banking and securities lawFor a complete overview of the AMF's remit, sanction categories and enforcement procedures, please consult our comprehensive guide to the AMF's sanctioning powers. When the Autorité des Marchés Financiers (AMF) issues a sanction decision, it is legitimate to ask what avenues are available to...AMF sanction procedure: deciphering the key stages for professionals
AMF, Banking and securities lawThe sanction procedure of the Autorité des marchés financiers (AMF) is a major issue for professionals in the financial sector. The AMF has extensive powers to ensure that markets operate smoothly, that savings are protected and that investors are properly informed, whether they are natural persons or legal entities. To find out more...AMF sanctions: distinction and scope of administrative and disciplinary powers
AMF, Banking and securities lawThe French financial sector is a complex ecosystem, whose stability and investor protection are ensured by one major player: the Autorité des marchés financiers (AMF). This independent public body has extensive powers to regulate markets, supervise professionals and, where necessary, impose penalties.The AMF's sanctioning powers: a comprehensive guide for financial market participants
AMF, Banking and securities lawThe Autorité des marchés financiers (AMF) plays a key role in regulating France's financial markets. Its mission is to protect investors' savings, provide them with transparent information and ensure the smooth operation of these markets. To achieve these objectives, the AMF has the power to impose sanctions...
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