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Bank ductility and fixed-rate discounting (without recourse): mechanisms, specific features of foreign exchange and strategies for companies
By Raphaël MORENON3 September 2025Is your business facing non-payment? Non-recourse discounting and bank del credere secure your cash flow by transferring the risk. Get to grips with these solutions!
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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.
Real security for third parties: a renaissance of real surety?
For a long time, the legal classification of security in rem constituted to guarantee the debt of another person has been the subject of major controversy in French law. Traditionally referred to as "real surety", this practice enabled a third party to guarantee the principal debtor's debt by assigning property belonging to him, or to a third party....The revolution in property security: disappearance of special liens and reform of mortgages
Property security is the cornerstone of real estate lending, for both individuals and businesses. Order no. 2021-1192 of 15 September 2021 radically overhauled this essential area of security law, making structural changes including the outright abolition of real estate liens...Security interests in movable property after the Ordinance of 2021: simplification and modernisation
The law governing movable securities in France has become progressively more complex over the decades, to the point where it has become a veritable legal labyrinth for practitioners and litigants alike. With multiple liens, a distinction between pledge and collateral, and special security interests scattered across different codes, professionals seeking to effectively secure their receivables had to...Reform of surety bonds: what's new for companies and their directors?
A surety bond is the most widely used personal guarantee in business life. When a person stands surety for a company, they undertake to repay the creditor if the principal debtor defaults. This practice, which is particularly common for company directors guaranteeing their company's debts, used to be...Community sequestration and its application in criminal matters
Receivership in the public interest is in the interests of public safety. It differs fundamentally from private sequestration. The State uses it as an instrument of coercion or collective protection. General characteristics of receiverships in the public interest Distinction from receiverships in the private interest A receivership in the public interest has three essential characteristics: This mechanism takes the form of a...Termination of the receivership and the custodian's liability: anticipating the risks
The end of the receivership is a critical phase. It involves the custodian's liability and raises complex legal issues. Anticipating these risks can help avoid costly disputes. The various reasons for the end of the receivership Natural expiry: resolution of the dispute The receivership ends when the dispute is "over" (article...Practical operation of the receivership: implementation and administration
Managing a receivership requires rigour and method. Its effectiveness depends on clear procedures and diligent administration. These practical aspects determine the real protection of the assets concerned. Setting up a receiver Acceptance of the assignment A receiver's assignment is not compulsory. The appointed third party may refuse....The receivership procedure: jurisdiction and implementation
The success of a receivership depends on strict compliance with the procedure. A procedural error can compromise the measure and undermine the rights it protects. It is therefore essential to be familiar with the rules governing jurisdiction and the steps involved in implementing the procedure. Competent courts Jurisdiction of attribution Role of the interim relief judge...Conventional and judicial sequestration: two distinct mechanisms to master
When a dispute arises over the ownership or possession of an asset, sequestration is an effective means of protecting the rights of each party. French law distinguishes between two main mechanisms: conventional sequestration, which is the result of an agreement, and judicial sequestration, which is ordered...Sequestration under French law: definition and fundamental principles
Securing assets pending a court ruling is a major issue in many disputes. Sequestration meets precisely this need by providing a protective legal framework. This protective measure, which is often little-known, is nevertheless an invaluable tool for both private individuals and businesses faced with the problem of...
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