Publications

Banking and securities law, Securitisation

In the wake of the 2008 financial crisis, the word "securitisation" has long been associated with opaque and risky finance. Yet this financing tool remains essential to the economy, enabling banks and companies to transform illiquid assets such as loan portfolios into securities...

Banking and securities law, Securitisation

The life of a receivable does not end with its transfer. When a company transfers a portfolio of receivables to a financing organisation as part of a securitisation transaction, a key question arises: who is legally entitled to claim payment from the debtor? The answer, far from being...

Banking and securities law, Securitisation

Securitisation is a sophisticated financial mechanism based on legal vehicles specifically designed to isolate assets and issue securities. For companies seeking to optimise their balance sheet or access new sources of finance, understanding how these entities work is essential. In France, special purpose vehicles...

Banking and securities law, Securitisation

Securitisation is a financial mechanism that is often perceived as complex and sometimes associated with past economic turbulence. Yet it is a powerful and structuring financing tool for banks and large companies alike. Understanding its fundamental principles enables us to grasp how assets, such as receivables, can be...

Competition, Commercial, business and competition law

An ill-defined non-competition clause is a source of costly disputes. Its scope, i.e. who it binds and what activities it prohibits, determines its real effectiveness. This concept is much more subtle than a simple limitation in time and space. While the complete guide to the obligation...

Competition, Commercial, business and competition law

Buying a business or taking over a professional clientele is a major investment for any entrepreneur. Over and above the premises and equipment, it is the customer base, the fruit of years of work, that constitutes the real value of the transaction. It is therefore natural to want to protect this asset against competition...

Competition, Commercial, business and competition law

Breaching a non-competition obligation is never a trivial matter. Whether you are the head of a company, the seller of a business or a partner, the undertaking not to compete with a partner or a successor is a substantial part of the contractual balance. When it is breached, the damage may be immediate and lasting, or it may be the result of...

Competition, Commercial, business and competition law

The non-competition obligation is a central concept in business law, often seen as a necessary evil to protect the value of a business or a customer base. However, its application is far from uniform. Depending on the nature of the contract, it may be a matter of course imposed by law, or it may be...

Competition, Commercial, business and competition law

The non-competition clause is a powerful contractual instrument, frequently used in business life, whether at the time of the transfer of a business, in a shareholders' agreement or in a distribution contract. Its purpose is to protect a creditor against competition from its debtor.

Competition, Commercial, business and competition law

Entrepreneurial freedom is not absolute; its limits lie where contractual commitments and the legitimate protection of economic interests begin. The non-competition obligation is one of these fundamental limits in commercial law. Often perceived as a constraint, it is in fact an essential tool for securing the business...