Yasmine EDDAM
Pledging tangible movable property: legal regime, constitution and enforcement
By Yasmine EDDAM2 July 2025The financing of companies and the securing of commercial receivables are based on a range of legal tools, the effectiveness of which is a key factor in the confidence of economic players. Among these instruments, the pledge of tangible movable property is a fundamental security, enabling a creditor to protect himself against the risk of non-payment by obtaining a direct right over the debtor's property. Its flexibility and relative simplicity make it a popular mechanism, but its implementation requires a precise knowledge of the rules governing its creation and enforcement. This article provides a detailed analysis of the rules governing this type of security, an essential aspect of our comprehensive guide to the law on movable securities. Legal nature and purpose of pledges of tangible movable property A pledge is an agreement that gives a creditor a right over a debtor's movable property to secure payment of a debt. Its nature and scope have been...
Securing markets and payment systems: guarantee mechanisms in the face of systemic risk
Commercial, business and competition law, Companies in difficultyThe stability of the global financial system rests on a delicate balance. The extreme interconnectedness between banks, investment firms and market infrastructures means that the failure of a single player can potentially trigger a devastating chain reaction. To prevent this risk, which has been described as systemic, the legislator has introduced...Compensation and protection for customers in the event of bank and insurance company failure
Commercial, business and competition law, Companies in difficultyThe failure of a bank or insurance company is a dreaded event that can cause legitimate concern among individuals and business owners. Contrary to popular belief, the failure of a financial institution does not mean the automatic loss of client funds or rights. There are mechanisms...Insolvency proceedings for regulated companies: specific legal features in French law
Commercial, business and competition law, Companies in difficultyWhen a company encounters insurmountable financial difficulties, collective procedures such as safeguard, receivership or liquidation offer a legal framework for managing the situation. However, this common law regime, which is well known to entrepreneurs, does not apply as such to players in the financial sector. Banks, insurance companies,...Resolution and recovery procedures for financial institutions: the central role of the supervisory authorities
Commercial, business and competition law, Companies in difficultyManaging the crisis of a bank or insurance company is not covered by ordinary bankruptcy law. Faced with the risk of contagion that could destabilise the entire financial system, the public authorities have put in place a specific administrative regime, focused on the prevention and controlled management of insolvencies....Difficulties faced by regulated companies: a complex legal framework between prevention and resolution
Commercial, business and competition law, Companies in difficultyWhen a bank, investment firm or insurance company runs into difficulties, the rules of the game change radically. The ordinary law governing companies in difficulty does not apply in the same way. A specific legal framework, largely influenced by European law, has been put in place to manage such situations.Groups of companies in difficulty: how Europe is facilitating coordination
Commercial, business and competition law, Companies in difficultyIn today's economic landscape, many businesses are organised into groups of companies: a parent company controls one or more subsidiaries, sometimes spread across different countries. While this structure offers advantages during periods of growth, it becomes a real headache when the group, or one of its subsidiaries, is unable to...Abuse of exploitation: when the dominant company imposes unfair conditions
Abuse of dominant position, Commercial, business and competition lawA company in a dominant position has the economic power to act independently of its competitors and customers. While this position is not prohibited per se, competition law punishes its abusive exploitation, particularly when it leads to the imposition of unfair trading conditions. These practices, less...Exclusionary abuses: practices designed to eliminate competition explained
Abuse of dominant position, Commercial, business and competition lawAbuse of a dominant position is one of the main breaches of competition law. Among its manifestations, exclusionary abuses are particularly damaging to the functioning of markets. These practices, carried out by companies in a dominant position, are aimed at eliminating existing competitors or preventing new ones from entering the market...Relevant market and dominant position: the keys to competitive analysis
Abuse of dominant position, Commercial, business and competition lawCompetitive analysis is an essential pillar of competition law. To establish the existence of an abuse of a dominant position, two steps are essential: defining the relevant market and establishing a dominant position on that market. These concepts, which seem abstract at first glance, nonetheless determine the...Abuse of a dominant position: understanding and identifying prohibited practices
Abuse of dominant position, Commercial, business and competition lawCompetition law governs the behaviour of companies in the marketplace to ensure fair and effective competition. Among anti-competitive practices, abuse of a dominant position is particularly closely monitored by the authorities. This complex concept, governed by Article L.420-2 of the French Commercial Code and Article 102 of the Treaty...Carriage of goods by air: carrier liability in the event of loss or damage
Commercial, business and competition law, Air transportTransporting goods by air accounts for a significant proportion of international trade. This solution, prized for its speed, nevertheless involves risks inherent in transport. Losses, damage or delays can occur, causing economic damage that can be considerable for both shippers and receivers. Understanding the applicable liability regime...The Montreal Convention: the cornerstone of international air carrier liability
Commercial, business and competition law, Air transportInternational air transport has a complex legal framework in which the Montreal Convention plays a fundamental role. Adopted on 28 May 1999 and brought into force in 2003, this convention is now the reference text governing the liability of international air carriers. It organises a system of...Falsifying goods: understanding the offence and the risks involved
Commercial, business and competition law, FraudThe trust you place in the products you buy every day is based on the assurance that they are what they claim to be, that they are safe and comply with standards. However, the risk of goods being falsified is an economic and legal reality that can have serious consequences, both for...The offence of deception in commercial law: constituent elements and penalties
Commercial, business and competition law, FraudTrust is at the heart of commercial relations. Whether they are buying a product or subscribing to a service, consumers and professionals alike legitimately expect the information provided to be accurate and the service or good to conform to what has been agreed....A practical guide to regulated sales for businesses
Commercial, business and competition law, Regulated salesRegulated forms of sale are an area of commercial law that provides a strict framework for commercial practices. The French Commercial Code sets out the rules that businesses must comply with when it comes to sales, stock clearance, unpacking sales and other commercial mechanisms. This guide summarises the essential points...Promotions, clearance sales, credit sales: mastering the financial and legal aspects
Commercial, business and competition law, Regulated salesCommercial operations based on advantageous pricing strategies and payment terms are effective in attracting customers, but involve numerous legal pitfalls. Between one-off promotions, liquidations and payment facilities such as credit, professionals are navigating a highly regulated environment. These commercial practices, which are governed...Off-premises sales, fairs, sales: understanding the specific rules
Commercial, business and competition law, Regulated salesThe world of commerce is governed by numerous rules that regulate the various sales methods. Far from being arbitrary, these regulations aim to protect consumers and ensure fair competition between professionals. Sales that take place outside the normal framework of shops, as well as...Bonuses, General Terms and Conditions, significant imbalance: securing the commercial relationship
Commercial, business and competition law, Regulated salesCommercial relationships are based on a wide range of marketing tools and contractual documents whose regulations are constantly evolving. Between promotional techniques and contractual frameworks, professionals have to navigate a complex legal environment where authorised commercial practices coexist with those that are strictly regulated. From sales with premiums to general terms and conditions...Representation by a lawyer before the Commercial Court: compulsory or not?
Commercial, business and competition law, Commercial courtThe question of whether you are obliged to be represented by a lawyer before the Commercial Court has changed significantly in recent years. Previously optional in most cases, such representation is now subject to a general principle of obligation, with some important exceptions. This transformation has considerably altered the...Understanding commercial court proceedings: a complete guide
Commercial, business and competition law, Commercial courtFrench commercial justice is based on a specific jurisdictional system: the commercial courts. These consular courts, made up of judges elected by their peers, settle disputes between traders. To manage your commercial disputes effectively, it is essential to understand how this exceptional jurisdiction works. What is the...
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