Yasmine EDDAM
Pledging intangible movable property: legal regime and enforcement of claims
By Yasmine EDDAM2 July 2025Financing is the driving force behind business development. To obtain credit, creditors require solid and effective guarantees. Among the tools available to economic players, pledging intangible assets, and more specifically pledging receivables, occupies a prime position. This security enables a debt to be secured by assigning one or more intangible assets, such as a portfolio of customer invoices. Although the mechanisms involved are complex, this form of security is extremely flexible. To fully understand the issues involved, we need to place it in the broader context of the law on movable collateral, which governs the way in which an asset can be used to secure an obligation. Definition and legal status of pledges of intangible movable property A pledge is a contract whereby a debtor gives an asset to a creditor as security for a debt. French law makes a fundamental distinction depending on the nature of the asset...
Legal classification of digital assets: named, unnamed and special regimes
Assets, Commercial, Business and Competition LawThe emergence of digital assets has profoundly transformed the economic and property landscape. For businesses and individuals alike, these new forms of value represent both opportunities and considerable legal challenges. Attempting to deal with them using traditional legal tools is a complex exercise, given the nature of the...Collective dominance: criteria and evidence in competition law
Competition, Commercial, Business and Competition LawWhile competition law often focuses on the actions of a single hegemonic company, there is another form of market power that is more complex to grasp: collective dominance. This situation arises when a number of companies, although legally independent, are able to adopt a single line of action...Scope of the non-competition obligation: subjects, activities and modes of exercise
Competition, Commercial, Business and Competition LawAn ill-defined non-competition clause is a source of costly disputes. Its scope, i.e. who it binds and what activities it prohibits, determines its real effectiveness. This concept is much more subtle than a simple limitation in time and space. While the complete guide to the obligation...Non-competition clause in transfers: business and civil clientele
Competition, Commercial, Business and Competition LawBuying a business or taking over a professional clientele is a major investment for any entrepreneur. Over and above the premises and equipment, it is the customer base, the fruit of years of work, that constitutes the real value of the transaction. It is therefore natural to want to protect this asset against competition...Non-performance of the non-competition obligation: what are the legal sanctions and remedies?
Competition, Commercial, Business and Competition LawBreaching a non-competition obligation is never a trivial matter. Whether you are the head of a company, the seller of a business or a partner, the undertaking not to compete with a partner or a successor is a substantial part of the contractual balance. When it is breached, the damage may be immediate and lasting, or it may be the result of...Sources of the non-competition obligation: deciphering commercial contracts
Competition, Commercial, Business and Competition LawThe non-competition obligation is a central concept in business law, often seen as a necessary evil to protect the value of a business or a customer base. However, its application is far from uniform. Depending on the nature of the contract, it may be a matter of course imposed by law, or it may be...Validity of non-competition clauses: conditions and limits in business law
Competition, Commercial, Business and Competition LawThe non-competition clause is a powerful contractual instrument, frequently used in business life, whether at the time of the transfer of a business, in a shareholders' agreement or in a distribution contract. Its purpose is to protect a creditor against competition from its debtor.The non-competition obligation in commercial law: a complete guide for businesses
Competition, Commercial, Business and Competition LawEntrepreneurial freedom is not absolute; its limits lie where contractual commitments and the legitimate protection of economic interests begin. The non-competition obligation is one of these fundamental limits in commercial law. Often perceived as a constraint, it is in fact an essential tool for securing the business...Article 1171 of the Civil Code: significant imbalance in the ordinary law of contracts of adhesion
Commercial, business and competition lawThe reform of contract law, orchestrated by the Order of 10 February 2016 and finalised by the Ratification Act of 2018, introduced a far-reaching provision into the Civil Code: Article 1171. This text extends the protection against clauses that create a significant imbalance beyond just...Significant imbalance and restrictive competition practices: preventing inter-company abuse
Commercial, business and competition lawAt the heart of commercial relations, contractual negotiation is often perceived as a game of power where the freedom of the parties is king. However, this freedom is not absolute. The legislator has put in place a powerful regulatory tool to punish manifest abuses: the significant imbalance, provided for in the...Significant imbalance in consumer law: unfair terms and consumer protection
Commercial, business and competition lawSigning a consumer contract, whether it's a general terms and conditions of sale on the internet, a service contract or a loan, involves the parties in a legal relationship where the balance of power is not always in place. The professional, by virtue of his position and experience, often has a margin of...Significant imbalance in French law: a comprehensive guide for professionals and consumers
Commercial, business and competition lawSignificant imbalance is a central concept in French contract law, designed to restore a form of justice where the economic power of one party risks crushing the other. Initially developed to protect consumers, its influence has spread to relations between professionals and has even been enshrined in French law.Pledging of exploitation rights: cinematographic films and software, specialised securities
Law of guarantees, security interests and enforcement measures, PledgingIn addition to traditional tangible assets, a company's economic value increasingly lies in its intangible assets. For creative and technological industries, the exploitation rights to a film or software often represent the bulk of their assets. Obtaining financing based on these assets requires special tools...Life insurance pledging: a financial guarantee instrument and its implications
Law of guarantees, security interests and enforcement measures, PledgingMuch more than a simple savings product, a life insurance policy is a versatile financial asset. Its economic value makes it a particularly valuable guarantee for creditors, especially a bank or other credit institution, which may require it to guarantee a loan, for example...Pledging a business: securing financing for companies and businesses in the craft and rural sectors
Law of guarantees, security interests and enforcement measures, PledgingObtaining finance is a frequent and often essential stage in the life of a business. For banks and other creditors, lending money means ensuring future repayment. Pledging a business is one of the most common and effective ways of securing a loan...Pledging of financial instrument accounts: legal regime and practical issues
Law of guarantees, security interests and enforcement measures, PledgingThe pledge of financial instrument accounts is an essential guarantee tool for companies seeking to obtain credit or secure market transactions. Particularly effective and relatively flexible, this security makes it possible to mobilise a portfolio of securities without losing ownership. Its implementation...Pledging of shares: guarantees and issues for civil and commercial companies
Law of guarantees, security interests and enforcement measures, PledgingWhen a company seeks to obtain financing, the collateral required by lenders is often at the heart of the negotiations. Among the tools available, the pledge of shares represents an effective security, enabling a partner to guarantee a debt by using his own shares as collateral. This technique, which...Pledging of receivables: ordinary law, dailly slip and specific features
Law of guarantees, security interests and enforcement measures, PledgingFor a company director, trade receivables often represent a major asset, but their value remains latent until they are paid. However, these receivables can be turned into a lever for financing or a solid guarantee against a buyer. Pledging receivables is the legal mechanism that makes this possible,...Pledging: a complete guide to security interests in intangible property under French law
Law of guarantees, security interests and enforcement measures, PledgingPledging is an essential legal mechanism for securing financing, but its complexity can confuse entrepreneurs and managers. It is a powerful guarantee, a security interest in which a debtor hands over an intangible asset, such as a claim or shares in a company, to a creditor in order to secure a loan....Difficulties faced by regulated companies in the EU: the principle of universality of procedures
Commercial, business and competition law, Companies in difficultyThe failure of a bank or insurance company in another EU country may seem like a distant event. However, because of the interconnection of financial markets, its consequences can spread rapidly across borders and directly affect companies, creditors and policyholders in France....
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