Guarantees, securities and enforcement law
Seizure of aircraft: jex jurisdiction, immunity & recent developments 2024
By Raphaël MORENON21 November 2025Aircraft seizures in France: untangle the complex procedures, from the role of the JEX to immunities. A clear guide to securing your rights.
Card issuer's del credere: the essential payment guarantee for merchants
Guarantees, securities and enforcement lawMerchants, are your card payments really secure? Discover the bank del credere, the essential guarantee that protects your business from unpaid customers.Bank ductility and fixed-rate discounting (without recourse): mechanisms, specific features of foreign exchange and strategies for companies
Guarantees, securities and enforcement lawIs your business facing non-payment? Non-recourse discounting and bank del credere secure your cash flow by transferring the risk. Get to grips with these solutions!Bank del credere: full definition, legal nature and modern applications
Guarantees, securities and enforcement lawSecure your commercial payments! Understand the del credere mechanism to protect yourself effectively against non-payment and guarantee the successful completion of your transactions.Banking ethics: banks' obligations towards small businesses, SMEs and local authorities
Guarantees, securities and enforcement lawBusinesses, optimise your banking relationship! Find out about banks' obligations in terms of ethics, transparency and loyalty. Protect your interests!Repaying credit as a couple: rights, obligations and matrimonial property regimes
Guarantees, securities and enforcement lawTaking out a loan as a couple is a common procedure, often seen as a simple administrative formality. However, the legal implications are far from trivial and vary considerably depending on the nature of the relationship: cohabitation, civil solidarity pact (PACS) or marriage. The question of financial responsibility...Taxation of savings bonds: taxes, levies and capital gains
Guarantees, securities and enforcement lawThere has been a welcome simplification of the taxation of savings bonds, unifying the treatment of interest received, which is now classified as debt income. For savers, this clarification is essential in order to measure the net return on their investment. The system, which has long been complex, has now been harmonised, but it is important to understand...Savings bonds: definition, legal regime and reforms (2025)
Guarantees, securities and enforcement lawA savings bond is a financial instrument that enables a company to finance itself by borrowing directly from investors, outside the traditional banking channels. For a long time associated with a degree of opacity, notably because of its anonymous form, its legal regime has been radically modernised to adapt to the requirements of the...Can the enforcement judge cancel a debt?
Guarantees, securities and enforcement lawA creditor has instructed a court commissioner to seize your bank account. Faced with this enforcement measure, the question arises: is it possible for a judge to cancel a debt? The direct answer is no. The JEX does not have the power to cancel a debt. However, his intervention...The seizure and enforcement of ships: archaic, complex and challenging in the face of enforcement reforms
Guarantees, securities and enforcement lawThe seizure of a ship is an enforcement measure that captures the imagination, evoking the forced immobilisation of a valuable asset, a symbol of trade and travel. Yet behind this image lies a complex legal reality, governed by a derogatory regime which, despite its practical importance, remains surprisingly outdated. The distinction...Forum arresti in French maritime law: a controversial principle and developments in case law
Guarantees, securities and enforcement lawThe arrest of a vessel is a spectacular measure and a powerful lever for a creditor seeking to recover his debt. However, detaining the vessel is only the first step. A fundamental question arises immediately afterwards: which court will have jurisdiction to judge the merits of the dispute, i.e. to rule on the...The legal regime for ship seizures in France: history and specific features
Guarantees, securities and enforcement lawThe law governing the seizure of a ship is one of the most unusual in existence. It lies at the crossroads of several legal approaches, making it a particularly technical area. For the creditor seeking to recover his debt and for the shipowner suffering the consequences of...Retention of title: a complete guide to the system and its effects in 2025
Guarantees, securities and enforcement lawRetention of title is a legal mechanism that is as discreet as it is effective, enabling sellers to secure payment of their receivables. By suspending the transfer of ownership until the price has been received in full, it constitutes a formidable guarantee, particularly in the event of default by the buyer. Our firm, whose practice...Current account guarantees and insolvency proceedings: impact and specific features
Bonding, Guarantees, Securities and Enforcement LawA guarantee for a company's current account is a common guarantee, often seen as a mere formality by the directors or close relations who sign it. However, when the company runs into financial difficulties and is the subject of insolvency proceedings, the guarantor's situation suddenly becomes precarious. Far from...Current account guarantees: a complete guide and legal issues
Bonding, Guarantees, Securities and Enforcement LawGuarantees for partners' current accounts or bank overdrafts are one of the most complex personal sureties in commercial law. It is at the crossroads of several legal approaches: that of guarantees, that of current accounts and, frequently, that of insolvency proceedings. For company directors and managers, the...Special movable mortgages: focus on river vessels and aircraft
Guarantees, securities and enforcement lawUnder French law, the principle is clear: movable property cannot be mortgaged. This rule, summarised by the adage "meubles n'ont pas de suite par hypothèque", is justified by the very nature of such property. Their mobility makes it difficult, if not impossible, to organise a reliable system of publicity that would allow them to be...The mortgage attached to sentencing judgments: operation and scope in French law
Guarantees, securities and enforcement lawObtaining a favourable court ruling is a decisive step for a creditor. However, obtaining a judgment does not always guarantee that it will be enforced. Between the time when the judgment is handed down and the time when payment is made, the debtor may organise his insolvency. To avoid this risk, the...Specific legal mortgages: spouses and guardians
Guarantees, securities and enforcement lawMortgages are most often seen as a tool for creditors, particularly banks, to guarantee repayment of a loan. However, legislators have also been able to use this mechanism to protect vulnerable individuals. Far from guaranteeing a commercial debt,...Special real estate liens: a historical overview and their future after the reforms
Guarantees, securities and enforcement lawSecurity interests, legal mechanisms designed to guarantee payment of a debt, are a cornerstone of the security of economic transactions. For a long time, special liens on immovable property were a special category of security, directly attached to certain immovable assets of the debtor. Historically, they offered formidable protection to...Special moveable liens: types, basis and detailed legal regime
Guarantees, securities and enforcement lawSpecial moveable liens are a discreet but powerful category of security for creditors. Unlike conventional securities such as pledges, they are created directly by law to protect certain claims deemed to be particularly legitimate. They are an essential component of the legal arsenal of movable securities, offering a wide range of...The right of retention under French law: foundations, conditions and detailed effects
Guarantees, securities and enforcement lawThe right of retention is a formidable prerogative, often perceived as an instrument of self-defence available to a creditor. This apparently simple mechanism enables a person who legitimately holds property belonging to his debtor to refuse to return it until his claim has been paid in full. It is...
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