Publications

When a couple is legally married, the taking out of a loan by only one of the spouses raises a fundamental question: what assets can be seized by the bank in the event of default? The answer is far from simple, and involves the joint, or even personal, assets of each spouse....

Marriage has legal consequences that often go beyond the personal sphere, particularly in financial terms. When a couple have difficulty honouring their commitments, the question of each person's responsibility for debts, and more particularly for loans, quickly becomes a source of concern...

The legal status of a couple, whether they are cohabiting or in a civil solidarity pact (PACS), has a direct impact on their financial obligations, particularly when it comes to repaying credit. Contrary to popular belief, these two forms of union are not treated in the same way by the...

Taking out a loan as a couple is a common practice, whether to finance a property project, buy a car or simply manage day-to-day expenses. However, behind this harmless act lies a legal complexity that is often misunderstood. The rules that determine who must repay the debt vary...

Variable-rate loans and foreign currency loans are often appealing because of their attractive initial terms. However, these financial instruments conceal complexities and risks that can turn a financing project into a financial trap. Their structure, which indexes the cost of borrowing on factors...

A bank loan contract is rarely a smooth ride. Behind the main clauses sometimes lie complex calculation mechanisms, the impact of which on the total cost of credit is often underestimated by the borrower. Anatocism, value dates, lombard year: these technical terms refer to banking practices that are sometimes...

Credit and consumer law, Wear and tear

The loan contract is a common act in the lives of individuals and businesses, but its remuneration is strictly regulated. Among the safeguards established by law, the prohibition of usurious lending is one of the oldest and most important. This is essential protection for borrowers,...

Credit and consumer law, Overall effective rate

The Taux Effectif Global (TEG), and its equivalent for consumer credit, the Taux Annuel Effectif Global (TAEG), represent much more than just a percentage on a loan contract. It is the key indicator of the real cost of your financing, a central concept in the remuneration of the lender.

Taking out a loan is a frequent stage in the life of a business or an individual. But every loan has a cost: the lender's remuneration. Far from being left to the discretion of the banks, this remuneration is governed by a complex set of legal rules designed to ensure that the lender's...

Banking and securities law, Securitisation

By its very nature and purpose, a securitisation transaction involves a number of players whose roles are distinct but closely interdependent. Understanding who does what, and why, is fundamental to understanding the structure of these financial arrangements. Far from being a simple transaction, securitisation is a veritable ecosystem in which...