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The anatocism clause, or capitalisation of interest
Your bank charges interest on unpaid interest, or you are considering requesting capitalisation as part of a dispute. Anatocism - the interest capitalisation clause - is a mechanism with serious financial consequences, strictly governed by article 1343-2 of the French Civil Code and subject to specific conditions, any breach of which may render it null and void.
Leasing: a financing solution for your business?
Is your company considering leasing its equipment or business property? Leasing is often mistakenly thought of as a straightforward form of long-term leasing, but it has a specific legal status that affects your rights - in particular the purchase option at the end of the contract. Here's a full overview of the conditions, obligations and alternatives.
Over-indebtednessurssaf and over-indebtedness of individuals: procedure, disputes and cancellation of social debts
URSSAF constraints and debts: find out how overindebtedness can freeze proceedings and help you find a solution. Protect your rights!
Credit lawRepaying credit as a couple: rights, obligations and matrimonial property regimes
Taking out a loan as a couple involves the responsibility of both parties well beyond the signing of the contract. The matrimonial regime, civil partnership or simple cohabitation determine who is liable for the debt in the event of default. Mastering these rules means protecting your assets before a dispute arises.
Credit lawThe regulation of usury under French law: a complete guide for borrowers and professionals
Your bank has granted you a loan and you suspect that its rate exceeds the legal limits. French law punishes usury in a precise manner, provided you understand how the threshold is calculated and when it is assessed. This guide will help you determine whether your loan is usurious and what recourse you have.
Credit lawOver-indebtedness and mortgages: specific debt relief and cancellation measures
Your mortgage has become an unbearable financial burden. Over-indebtedness linked to a property loan gives you specific rights: suspension of proceedings, rescheduling or even partial cancellation of the debt. Here are the legal mechanisms that apply to your situation.
Credit lawIndemnity for early repayment (ira) on a mortgage loan: legal regime and disputes
You want to repay your mortgage early, but your bank is demanding an early repayment penalty that you feel is excessive. Under the Consumer Code, this compensation is capped at six months' interest or 3 % of the outstanding capital - and certain contractual clauses allow it to be reduced or waived. We take a look at the legal conditions, the common miscalculations and the ways in which it can be contested.
Credit lawInterdependence of mortgage loan and financed contract: the resolutory condition
Your loan was refused after you signed the preliminary purchase agreement. Do you still have to buy? The law has established a legal interdependence between the contract of sale and the mortgage that finances it: if the mortgage is not obtained, the sale lapses, subject to strict conditions.
Credit lawDefinitions and scope of mortgage credit: the legal guide
Your bank makes your loan conditional on a formal offer, a cooling-off period and a suspensive condition: these are all mandatory rules that you cannot circumvent. The rules governing home loans, which stem from the Scrivener Act and were revised in 2016, govern each stage of the financing process. Here's what you need to know to secure your purchase.
Credit lawObligation to debt and contribution to debt: keys to understanding matrimonial liabilities
Under the legal community regime, taking out a loan potentially involves several assets at once. The obligation to pay the debt determines which assets your creditor can sue over; the contribution to the debt then settles the final charge between the spouses. Understanding these two mechanisms is essential if you are to anticipate the financial consequences of a commitment and defend your rights in the event of separation.
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