Publications

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...

Guarantees, securities and enforcement law, Security interests in immovable property

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...

Bond, Guarantees, securities and enforcement law

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...

Imagine you have a mortgage on a building or a pledge on a company's business as security for a major loan. Unfortunately, the company runs into serious difficulties and is subject to insolvency proceedings. Then you learn that the property on which your guarantee is based is going to be sold,...

Guarantees, securities and enforcement law, Security interests in immovable property

Owning a property that is subject to a mortgage is a common situation, whether you have taken out a loan secured by the property yourself, or whether you have acquired a property that is already subject to a mortgage. While a mortgage does not dispossess you of your property, it does create a framework...

Guarantees, securities and enforcement law, Security interests in immovable property

Property transactions involve considerable sums of money. The risk of non-payment threatens every creditor. In this context, real estate securities offer effective protection. They guarantee you a right to a property in the event of default by the debtor. These legal mechanisms vary in complexity and effectiveness. Your choice will determine...

Do you hold a mortgage, pledge or other form of security over the assets of a company that is experiencing difficulties? Naturally, you think that this security will ensure that you get paid first if things go wrong. After all, that's the main purpose of a guarantee. However, when...

Guarantees, securities and enforcement law, Security interests in immovable property

A mortgage is a valuable guarantee for a creditor. But what happens in practice if the secured debt is not repaid on the due date? What levers does the creditor have at his disposal to recover the sums owed to him thanks to this property security? Far from being a mere mention...

Guarantees, securities and enforcement law, Security interests in movable property

Protecting your receivables is vital for your business. A defaulting customer, a partner in financial difficulty or an insolvent debtor can put a strain on your cash flow. The movable assets of your debtors are a valuable pledge for securing your receivables. French law offers several mechanisms adapted to different situations...

The relationship between securities law and insolvency law has always been complex, not to say conflicting. On the one hand, securities are designed to provide effective protection for creditors in the event of a debtor's default. On the other, insolvency law pursues broader objectives: safeguarding the interests of the debtor and...