Blog
Analyses, feedback and legal news on banking law, credit law and enforcement.
629 articles published
Credit and community reduced to acquests: mastering article 1415 of the Civil Code
Your spouse has taken out a loan on his or her own: can the bank seize your joint assets, or even your own assets? Article 1415 of the French Civil Code establishes a principle of protection that limits the community's liability, but there are many exceptions to this principle that are not well known.
Credit lawCohabitation and civil union: understanding your credit repayment obligations
If you are cohabiting or have a civil solidarity pact, in principle each partner remains responsible for his or her own debts, including credit. However, the rules on joint and several liability differ considerably depending on the status you have chosen, and if you misread them, you could be exposed to unexpected claims. Understanding who is liable for what protects your assets in the event of separation or default.
Credit lawTEG and TAEG: calculation, mandatory disclosure and penalties for rate errors
The APR shown on your loan offer does not reflect the real cost of the credit, or your bank has failed to include the insurance it required you to take out. These errors in the TEG or TAEG entitle you to heavy penalties, but the rules have changed radically since the 2019 reform. Here's what the law provides for today and how to take advantage of it.
Credit lawLender remuneration: interest rates, TEG and usury in banking and finance law
The rate displayed by your bank does not reflect the real cost of your credit: fees, insurance and guarantees are added to it and may exceed the usury threshold. The TEG and TAEG are the only legally binding indicators for measuring this overall cost. A miscalculation in your loan agreement entitles you to forfeit interest.
Banking and finance lawRefusal of a mortgage loan: the essential role of the broker and the evidence required for the suspensive condition
Your bank has refused the loan and the vendor is contesting the validity of the suspensive condition. Proof of refusal depends on precise documents, and the role of the broker in compiling them is often underestimated. Understanding the obligations of each party will help you defend your deposit.
Mortgage loanHome loans taken out before 1 July 2016: which legal regime still applies?
Your home loan was signed before 1 July 2016: the reform resulting from Directive 2014/17/EU does not apply to you in full. The old consumer law continues to govern your contract, with specific rules on early repayment, acceleration and insurance.
Mortgage loanDefaults by mortgage lenders (Post-2016): what penalties?
Your bank has failed to meet its information or valuation obligations when granting your home loan. Since the Order of 25 March 2016, there have been penalties for such failings: interest forfeiture, contractual liability and even nullity. Knowing the applicable penalties will enable you to defend your rights effectively against the lending institution.
Mortgage loanPre-contractual information in mortgages: FISE and the duty to warn (post-2016)
Before signing a mortgage offer, your bank is legally obliged to provide you with a European Standardised Information Sheet (ESIS) and to assess your ability to bear the cost of the loan. These obligations, which stem from Directive 2014/17/EU and have been transposed since 2016, are often poorly respected - and breaching them can result in the loss of the right to contractual interest. What you should demand of your lending institution before committing yourself.
Financial leasing: a complete guide for businesses
You need to equip your business without tying up cash or burdening your balance sheet. Financial leasing allows you to use a business asset for a fixed period, with tax-deductible rents, without becoming the owner - but the contractual commitments are firm. This guide looks at the legal mechanisms, the lessee's protections and the remedies available in the event of a dispute with the lessor or supplier.
Performance of the finance lease contract and contractual interdependence
Your finance lease contract is being contested and the obligations of each party are being debated: the tripartite structure of the transaction is generating a great deal of litigation, particularly concerning the interdependence of the related contracts. The Cour de Cassation (French Supreme Court) has laid down precise rules that all practitioners should take into account to ensure that the transaction is secure from the outset.
Can't find what you're looking for?
Contact us directly or explore our services pages for an overview of our areas of expertise.
EN 
FR