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Scope of usury legislation: loans concerned and exclusions
By Raphaël MORENON3 August 2025The rules on usury, which aim to cap interest rates on loans, provide essential protection for borrowers. However, its scope is far from universal and has undergone major changes, creating a complex legal landscape in which some transactions are covered and others excluded. Understanding exactly which loans and financing are covered is therefore essential, whether you are an individual or a company director. The purpose of this article is to clarify the scope of this legislation, in addition to our comprehensive guide to the regulation of usury under French law. Initially limited to the simple lending of money, usury legislation has gradually extended its scope to encompass a much wider range of financial transactions. The aim of this development has been to better protect borrowers by adapting to the diversification of financing techniques. The influence of codification and...
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> The practice of seizing propertyA practical, chronological and exhaustive study of the implementation of a property seizure procedure.
We put all our expertise to work to achieve a simple objective: to prevent a property seizure.
The right of retention in property matters: a little-known legal weapon
The right of retention is an effective but often neglected mechanism in security law. Although it is widely recognised for movable property, its application to immovable property remains more delicate, raising questions about the rights and obligations of the owner of an asset encumbered by a security on immovable property. A legal nature...Mortgages: the king of property collateral
Mortgages dominate the real estate security landscape. This security, which does not involve dispossessing the debtor, offers the creditor effective protection. For the owner of the encumbered property, it implies a series of specific rights and obligations that it is essential to be familiar with. Definition and characteristics A mortgage is an accessory real right that encumbers...Property ownership as a guarantee: absolute protection
The credit crisis is driving creditors to seek increasingly effective protection. In this context, security property is emerging as a powerful alternative to traditional guarantees. Ownership security: an old concept revisited Ownership security is based on a simple idea: to use the right of ownership itself...The property pledge: an outdated form of security
The property pledge remains the forgotten property security. Unlike mortgages, which dominate the legal landscape, pledges of immovable property - formerly known as antichrèse - suffer from a marked lack of interest in practice. Definition and specific features Pledging of real estate is defined as "the assignment of real estate as security for an obligation with a...General property liens
Definition and basis of liens on immovable property A lien on immovable property is a legal security interest. It confers a preferential right over the sale price of the debtor's property. It exists without being registered with the Land Registry. Liens are based on the quality of the claim. The...General presentation of property security interests
What is a charge on immovable property? A charge on immovable property is a security interest in immovable property. It protects a creditor against the risk of insolvency of its debtor. It allows the creditor to be paid in preference to other creditors. These guarantees are essential for mortgages and property transactions. Without them,...Seizure of intangible rights: more than just shares
The seizure of partners' rights and securities is often highlighted in enforcement law. It deserves particular attention. But other intangible assets can also be seized by a creditor with an enforcement order. These "other intangible rights" constitute a vast and complex universe. They are...The forced sale of intangible rights: mechanisms and particularities
The seizure of intangible rights necessarily leads to their sale. To understand this final stage, it is essential to first understand the definition and scope of the seizure of intangible rights. The procedure then varies according to the nature of the rights seized: shareholder rights, listed securities, etc.Seizure of intangible rights: instructions for use
The seizure of intangible rights enables creditors to recover what is owed to them by seizing the debtor's shares, securities or other intangible assets. This specific procedure requires rigour and precision. For an in-depth understanding of its definition and scope, please see our article on...Seizure of securities: instructions for use
An unpaid creditor has several weapons at his disposal to recover what is owed to him. One of these is the seizure of securities, which is part of the wider context of the seizure of intangible rights. But the subject is full of technical subtleties that sometimes turn this procedure into an obstacle course....
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