Guarantees, securities and enforcement law

Guarantees, securities and enforcement law

A debtor's default threatens your claims. Collective procedures - safeguard, reorganisation, judicial liquidation - limit your rights to take legal action. In this context, not all securities are created equal. Some are resilient, others collapse. One thing is clear: the majority of creditors recover less than 10% of their claims in...

Guarantees, securities and enforcement law

The opening of insolvency proceedings, whether a receivership or compulsory liquidation, marks a difficult turning point for a company and its creditors. But did you know that the effects of these proceedings can go back in time? Acts carried out just before the decision to open proceedings, in particular the provision of guarantees (securities),...

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

Hypothec is a term you hear a lot, whether in connection with a mortgage, securing a business debt or even in certain disputes. But what does this legal concept really mean? More than just a word, it is a powerful mechanism that is essential for securing large debts. To find out more...

Guarantees, securities and enforcement law

In an unstable economic environment, securing receivables is an absolute priority. An unpaid invoice, a customer in financial difficulty, a defaulting partner - these are all situations that directly threaten your company's cash flow. In such cases, security is your legal shield. These mechanisms protect your rights and maximise...

Guarantees, securities and enforcement law

Obtaining security over your debtor's assets, such as a mortgage on a building or a pledge over his business, is an important step in securing your receivables. In this way, you think you are protected in the event of default. But having security is not always enough. To ensure that it...

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

Setting up a mortgage can seem like a journey fraught with administrative and legal pitfalls. However, although it requires rigour and precision, the creation and registration of a mortgage follows a well-defined logic and stages. Understanding immovable property mortgages, their basic principles and the importance of publicising them is essential to...

Bonding, Guarantees, Securities and Enforcement Law

Business relationships expose your company to the risk of non-payment. A customer in difficulty, a partner in default, an insolvent subcontractor - these situations threaten your cash flow. Personal guarantees are effective tools for securing your transactions. They oblige a third party to honour your debtor's commitments by...

Guarantees, securities and enforcement law

Imagine you have a mortgage on a building or a pledge on a company's business as security for a major loan. Unfortunately, the company runs into serious difficulties and is subject to insolvency proceedings. Then you learn that the property on which your guarantee is based is going to be sold,...

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

Owning a property that is subject to a mortgage is a common situation, whether you have taken out a loan secured by the property yourself, or whether you have acquired a property that is already subject to a mortgage. While a mortgage does not dispossess you of your property, it does create a framework...

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

Property transactions involve considerable sums of money. The risk of non-payment threatens every creditor. In this context, real estate securities offer effective protection. They guarantee you a right to a property in the event of default by the debtor. These legal mechanisms vary in complexity and effectiveness. Your choice will determine...

Guarantees, securities and enforcement law

Do you hold a mortgage, pledge or other form of security over the assets of a company that is experiencing difficulties? Naturally, you think that this security will ensure that you get paid first if things go wrong. After all, that's the main purpose of a guarantee. However, when...

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

A mortgage is a valuable guarantee for a creditor. But what happens in practice if the secured debt is not repaid on the due date? What levers does the creditor have at his disposal to recover the sums owed to him thanks to this property security? Far from being a mere mention...

Law of guarantees, security interests and enforcement measures, Security interests in movable property

Protecting your receivables is vital for your business. A defaulting customer, a partner in financial difficulty or an insolvent debtor can put a strain on your cash flow. The movable assets of your debtors are a valuable pledge for securing your receivables. French law offers several mechanisms adapted to different situations...

Guarantees, securities and enforcement law

The relationship between securities law and insolvency law has always been complex, not to say conflicting. On the one hand, securities are designed to provide effective protection for creditors in the event of a debtor's default. On the other, insolvency law pursues broader objectives: safeguarding the interests of the debtor and...

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

For a long time, the legal classification of security in rem constituted to guarantee the debt of another person has been the subject of major controversy in French law. Traditionally referred to as "real surety", this practice enabled a third party to guarantee the principal debtor's debt by assigning property belonging to him, or to a third party....

Law of guarantees, security interests and enforcement measures, Security interests in immovable property

Property security is the cornerstone of real estate lending, for both individuals and businesses. Order no. 2021-1192 of 15 September 2021 radically overhauled this essential area of security law, making structural changes including the outright abolition of real estate liens...

Law of guarantees, security interests and enforcement measures, Security interests in movable property

The law governing movable securities in France has become progressively more complex over the decades, to the point where it has become a veritable legal labyrinth for practitioners and litigants alike. With multiple liens, a distinction between pledge and collateral, and special security interests scattered across different codes, professionals seeking to effectively secure their receivables had to...

Bonding, Guarantees, Securities and Enforcement Law

A surety bond is the most widely used personal guarantee in business life. When a person stands surety for a company, they undertake to repay the creditor if the principal debtor defaults. This practice, which is particularly common for company directors guaranteeing their company's debts, used to be...

Law of guarantees, securities and enforcement measures, Seizure of motor vehicles

Your car is much more than just a means of transport. For most French people, it represents a significant part of their assets. This economic reality has not escaped the attention of the legislator, who has gradually developed a specific legal arsenal to govern seizure procedures for these special assets. Developments...

Law of guarantees, securities and enforcement measures, Enforcement judge

Have you won your case, but the opposing party refuses to enforce the judgment? Has your debtor failed to pay despite a court ruling in your favour? The enforcement judge (JEX) is the institutional response to these situations. This specialised court is an essential part of the judicial system...