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Analysis, practice notes and legal news on French banking law, credit and lending law, and civil enforcement procedures.
42 articles published
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European Account Preservation Order (EAPO) in France
A European Account Preservation Order freezes a debtor's bank account in another Member State without warning. What it takes to obtain one, what it costs the creditor, and how it compares with a French saisie conservatoire.
The Letter of Intent: Understanding This Key Commitment in Business Law
The lettre d’intention (letter of intent, also called letter of comfort or comfort letter) is a mechanism commonly encountered in the business world, particularly within corporate groups. Yet its precise legal nature and the actual scope of the commitment it represents are often poorly understood. Is it a mere moral statement or a genuinely binding […]
Case Law on Exclusive Distribution Agreements and Competition
Distribution agreements, and more specifically exclusivity clauses, lie at the heart of many commercial strategies. They allow a supplier to organise the marketing of its products and to secure an effective presence on a given market. However, these contracts are closely scrutinised by competition authorities, as they can easily drift towards anti-competitive practices. The line […]
The Aviation Insurance Contract: General Principles and Legal Influences
After exploring the specific risks, market and general legal framework of aviation insurance, it is time to turn to the heart of the matter: the insurance contract itself. How is this essential agreement between insurer and insured built in the aeronautical sector? Far from being a monolithic block, the aviation insurance contract is in fact […]
The Maritime Towage Contract: Formation, Nature and Obligations
The incessant ballet of ships in our ports or their long voyages across the high seas often relies on a technical operation as common as it is decisive: towage. Whether it involves helping a sea giant dock safely or moving a floating structure over hundreds of miles, towage is an essential service. Behind the manoeuvre, […]
Case Law on Franchise Agreements and Competition
The franchise agreement is a complex contractual architecture, at the crossroads of distribution law and competition law. For companies, it represents a powerful lever for development, but its implementation exposes them to significant legal risks if not properly managed. The central question is how to reconcile the restrictions necessary for the proper functioning of the […]
Car Distribution and After-Sales Competition Regime
The automotive distribution sector has long been subject to a specific legal framework under competition law. The complexity of its networks and the interdependence between new vehicle sales and the after-sales market have justified the implementation of specific rules, distinct from the general regime. For professionals — whether manufacturers, dealers, repairers or parts suppliers — […]
Syndicated Loans: Legal Mechanisms and Issues
Major real estate, industrial and infrastructure projects require colossal financing. A single bank can rarely shoulder them alone. This is where the syndicated loan comes in. Definition and typology of syndicated loans Definition and legal framework A syndicated loan is a transaction in which several banking institutions join forces to extend financing to a single […]
Understanding the Free Movement of Capital and Payments in the EU
The free movement of capital and payments is one of the four fundamental freedoms guaranteed by the European Union treaties. Often overlooked by businesses and individuals, this freedom nevertheless plays a decisive role in the proper functioning of the European internal market. Our firm regularly observes situations in which this freedom is hindered by national […]
The Sommation Interpellative: A Little-Known Tool for Establishing Proof
Within the French legal arsenal, certain tools remain unjustly overlooked despite their formidable effectiveness. The sommation interpellative (a formal summons delivered by a judicial officer to obtain a statement on the record) is one of them. Far from being a mere formality, it is a major strategic act for any litigant seeking to consolidate a […]
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