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Contractual relationship between card issuer and cardholder: rights and obligations
By Raphaël MORENON3 August 2025The payment card has become an everyday tool, a reflex for paying for purchases or withdrawing cash. Behind this trivial gesture, however, lies an often dense and technical contract between the user and his bank. This document, known as the carrier contract, is not just a form. It establishes a precise legal framework that defines the rights and obligations of each party. Ignorance of it is the source of many disputes, particularly when unauthorised transactions or malfunctions occur. Understanding the workings of this contractual relationship is therefore essential for any cardholder wishing to assert their rights. The aim of this article is to decipher this contract, in addition to our complete legal guide to payment cards, to give you the essential keys to understanding it. The contract between the issuer and the cardholder Issuing a payment card is not automatic. It is...
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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.
Getting out of joint ownership of property: licitation-sharing
An auction is a procedure for selling undivided property, even without the agreement of all the undivided co-owners. Here we look at how it works, how long it takes and how much it costs.Financial packages and indivisibility of transactions
The concept of indivisibility in financial arrangements Indivisibility allows contracts that are formally distinct but economically interdependent to be considered as a whole. It is a decisive factor in financial transaction litigation, particularly when a borrower seeks to challenge a package. Indivisibility refers to the idea that several contracts form an indivisible whole,...Bank liability for cheque anomalies: developments and limits
Cheques continue to raise pertinent legal questions in terms of banking liability. The ruling handed down by the Commercial Chamber of the French Supreme Court on 5 March 2025 clarifies the scope of banks' duty of vigilance with regard to the detection of apparent anomalies on cheques. This decision...Is it possible to foreclose on a debtor despite having a case of overindebtedness?
The principle is that seizures are suspended for the duration of the proceedings. In addition, creditors are prohibited from levying any further seizures. Some seizures cannot be suspended despite an overindebtedness file. This is the case for seizures of maintenance and property when an auction date has been set.Enforcement: how does it work?
Enforcement is a set of procedures used to force a recalcitrant debtor to fulfil his obligations.Re-bidding in property seizures (e.g. "folle enchère")
The re-bidding procedure (ex folle enchère) allows a property to be re-sold if the winning bidder fails to pay the price.What is the minimum amount for a property seizure?
The question of the minimum amount required to trigger a seizure of property is a legitimate concern for many debtors, who are often faced with real financial difficulties. The idea of losing your home for a small debt may seem disproportionate. Although the law does not set a minimum amount, the procedure is...The anatocism clause, or capitalisation of interest
The capitalisation of interest, more technically known as anatocism, is a mechanism that can have significant financial consequences on the cost of a debt in the event of late payment. The term may seem technical, but it is worth understanding how it works and what it involves, particularly in the case of mortgages. If...The banker's liability
In their relationship with their customers, bankers are subject to a set of obligations and responsibilities, the contours of which have gradually been defined by case law and the law. This banking responsibility is based mainly on two essential concepts: the duty of vigilance and the duty to warn, which are supplemented by the...Financial engineering and banking liability
Sophisticated financial arrangements, often referred to as financial engineering, have become commonplace in the banking world. While they offer opportunities, they also entail significant risks, both for customers and for lending institutions. Understanding the mechanisms at play and the...
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