Bank liability
Bank liability and tax-free property loans: risks and obligations
By Raphaël MORENON15 July 2025Borrowing to finance a property investment intended for rental, 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 loan repayments. However, when this balance breaks down, investors can find themselves in a perilous financial situation. The responsibility of the credit institution that financed the deal is often called into question. The financial engineering involved in these complex arrangements (https://solent-avocats.com/ingenierie-financiere-et-responsabilite-bancaire/) imposes specific obligations on the banks, and failure to comply with these obligations can result in liability on their part and open the door to recourse for the borrower. If you are facing difficulties following a tax-free rental investment, the assistance of a lawyer is a crucial step in assessing your rights and defining an appropriate strategy. The specific features of property investment loans...
Bank liability and life insurance loans: intermediaries' specific obligations
Banking and securities law, Banking liabilityFinancial 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...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...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.
EN 
FR