By Charlotte GAUCHON
15 March 2025
French 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 the banker's liability. Understanding this framework is essential for clients navigating these sophisticated transactions. For a more in-depth analysis of the mechanisms involved, please see our article on detailed financial engineering. The legal foundations of bank liability The distinction between lender and provider of financial services The first step in analysing a bank's liability is to define its precise role. Does it act as a simple lender or as a financial services provider (FSP)? This distinction is fundamental because it determines the extent of the bank's obligations and the applicable rules. If the bank is simply a lender, its liability is limited to the...
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