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Special commercial law in saint-barthélemy and saint-martin: specific legal features and collective proceedings
By Raphaël MORENON3 September 2025In Saint-Barthélemy and Saint-Martin, local commercial law has its own special features. Understand these rules to help secure your business and your investments. Read our guide!
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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.
Court-ordered mortgages: legal and conservatory mortgages
The world of mortgages is not limited to the guarantees voluntarily given as part of a property loan. In some cases, a court ruling can be the very source of a mortgage, transforming a recognised claim into a solid right over your debtor's assets. Similarly, it is sometimes possible...Special cases in insolvency proceedings: focus on the spouse, the right of retention and the security trust
Insolvency law, with its rules for dealing with debts and safeguarding businesses, often interferes with other branches of law. When the debtor's situation involves his or her spouse, assets held jointly or in joint tenancy, or when specific guarantees are required, the law...Terminating a mortgage: payment, discharge and other causes of extinction
A mortgage is not set in stone for eternity. Like any debt-related security, it has a lifespan, and a number of events can bring it to an end. Beyond its creation and initial registration, understanding how a mortgage is extinguished is essential. Whether you finally...Effectiveness of securities in insolvency proceedings: how to make the right choice?
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...Security interests and the suspect period: the risks of cancellation prior to insolvency proceedings
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),...The immovable mortgage: understanding the basics and the importance of advertising
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...A practical guide to security interests for businesses: understanding the essentials
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...Collective proceedings and publication of security interests: the importance of registration and its limits
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...Setting up and registering a mortgage: the key stages in securing a debt
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...Bonds and independent guarantees: what are the differences for your company?
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...
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