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Bankcard fraud: gross negligence and strong authentication, the keys to liability
By Raphaël MORENON13 August 2025Bankcards have become an indispensable part of our daily lives, facilitating the majority of our transactions. However, with this ease of use comes a growing risk of fraud. When an unauthorised transaction appears on your bank statement, a key question arises: who is responsible? While the law protects the cardholder in principle, this protection is not absolute. The bank can refuse to reimburse the sums stolen on the grounds of gross negligence on your part. This article, which follows on from our legal guide to payment cards and our analysis of the general system of liability for fraud, details the key concepts of negligence and strong authentication, which determine the outcome of many disputes. Understanding these concepts is essential if you are to defend your rights effectively, and our firm has a recognised practice in bank fraud litigation. The framework...
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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.
Auction sales of timber harvests and cuttings: legal framework and specific features
Selling crops or timber at auction involves a specific procedure. The repeal of the law of 5 June 1851 changed this legal framework. What rules apply today? Introduction: legal classification of harvests and cuttings of wood Public sales of harvests concern the products of...Auctions of new goods: legal framework and practices
Act 2011-850 of 20 July 2011 radically changed the rules governing auctions of new goods in France. Previously severely restricted, these sales are now authorised subject to conditions. This change marks the end of a centuries-old principle enshrined in the law of 25 June 1841, which prohibited the sale...Procedural objections: when form attacks substance
Your opponent has just taken you to court, but there are irregularities in the proceedings. How can you exploit this loophole to your advantage? Procedural objections are a formidable weapon for delaying consideration of the merits of the case, or even for terminating the proceedings without any discussion of the dispute itself. The different types of procedural...Defences in civil proceedings - Fundamentals and classifications
Navigating the procedural maze can be perilous without knowing the tools available to defend yourself. The Code of Civil Procedure offers the litigant three main weapons with which to counter an opposing claim: the defence on the merits, the plea of inadmissibility and the procedural objection. This triptych, although...Dismissal: when your right to act is challenged
Do you think you have a solid case for taking legal action? Beware: even before examining the merits of your case, your opponent may raise a plea of inadmissibility. This formidable defence is aimed not at the merits of your claim, but at your very right to take legal action...Deep defence: when direct attack becomes the best defence
In litigation, strategy often determines the outcome. Among procedural weapons, the defence on the merits occupies a singular place: it is the only means that directly attacks the opposing claim. Unlike pleas of inadmissibility or procedural objections, its aim is to convince the judge that the defendant's...How to draft and serve a formal notice effectively
An effective formal notice can avoid many a legal hassle. This document, the interface between the amicable and contentious phases, requires particular care in both its drafting and its notification. For optimum management, particularly in debt recovery, expert assistance is often recommended. 1. The importance of...The Banque de France: historical development and current legal framework
The French monetary institution has been in existence for over two centuries. Its history reflects France's political, economic and monetary transformations. Today, as part of the European System of Central Banks, it retains a unique legal status that merits examination. 1. From its creation in 1800 to European integration The origins of the...The fundamentals of nullity in civil proceedings
In the intricacies of civil litigation, the nullity of procedural documents is a central mechanism that all litigants need to master. When a procedural document is vitiated by a defect, its validity can be called into question. But beware: not all defects are equal...The nullity of a procedural document: what practical effects?
The system of nullities is one of the fundamental pillars of civil procedure. Understanding the consequences of an annulled procedural document is essential for all litigants. What happens to an act that has been declared null and void? Does annulment systematically lead to the collapse of the entire procedure? Retroactive annulment: the principle...
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