Banking Law

Whether it’s a loan, a fraud, or a seizure, banking law often enters our lives without warning. Through this blog, we help you better understand your rights when dealing with financial institutions, with clear, accessible articles grounded in the real disputes faced by individuals and professionals alike.

Consumer Credit and Attachment Order: When Proof of Debt Assignment Is Insufficient – JEX Creteil, 24 October 2025, RG 25/06121

On 24 October 2025, the Enforcement Judge (juge de l'execution) of the Creteil Judicial Court rendered a judgment perfectly illustrating a defense that can be ...

Banker’s Duty of Vigilance and Atypical Investments: Fraso v. BNP Paribas – Com. 19 November 2025, No. 24-18.534

The role of the banker as account holder and payment service provider is regularly tested by the increase in sophisticated fraud. The case opposing SAS ...

The Luxalpha Case: When Unlawful Canvassing Leads to a Heavy Conviction – Cass. Com. 19 November 2025, No. 24-16.094

On 19 November 2025, the Commercial Chamber of the Court of Cassation rendered an important ruling in a case opposing a financial investment advisor against ...

Understanding the Recall Procedure: Protection Against Fraud

Introduction Payment fraud is a growing scourge, particularly with the rise of digital technologies. Fraudsters are increasingly inventive in circumventing the security systems of banks ...

CEO Fraud and the Duty of Vigilance: Analysis of the Court of Cassation Rulings of 19 November 2025 (24-17.056, 24-17.780, 24-19.776)

On 19 November 2025, the Commercial, Financial and Economic Chamber of the Court of Cassation delivered three landmark rulings (Nos. 24-17.056, 24-17.780 and 24-19.776) concerning ...

Consumer Credit: Early Repayment Does Not Preclude Nullity of the Agreement – Cass. civ. 1ere, 5 Nov. 2025, No. 24-16.652

Can a consumer credit agreement already repaid be annulled? The ruling delivered by the First Civil Chamber of the Court of Cassation on 5 November ...

Abusive Attachment and Creditor Lacking Standing to Act – JEX Paris, 11 January 2024, No. 23/81656

The Enforcement Judge of the Paris Judicial Court, in its decision of 11 January 2024 (No. 23/81656), pronounced the annulment of enforcement measures initiated by ...

Phishing Victim: Must the Bank Reimburse? – Court of Cassation, 22 October 2025, No. 24-19.749

Since the entry into force of PSD2 provisions, the obligation of strong authentication is an essential pillar of payment security legislation. The Court of Cassation, ...

Fraud / IBAN Error: The Bank’s Obligation to Verify the Beneficiary (European Regulation No. 2024/886 of 13 March 2024)

For many years, the bank transfer system has presented a flaw widely exploited by fraudsters. The absence of systematic verification of the beneficiary's identity has ...

Factoring and VAT: When a Receivable Becomes Irrecoverable, Who Gets the Recovered Tax? – Cass. com., 22 October 2025, No. 24-19.201

Factoring is an essential corporate financing tool. However, when an assigned receivable proves to be definitively irrecoverable, complex tax mechanisms come into play, raising a ...

When Is the Banker Acting as Wealth Management Advisor at Fault? – CA Rennes, 2nd Ch., 7 Oct. 2025, No. 23/01966

The relationship between a client and their bank, particularly when the latter acts in the capacity of a wealth management advisor, is governed by strict ...

When the Loss Is Revealed: Starting Point of Limitation in Banking Liability – Cass. com., 12 June 2025, No. 24-13.289

The ruling of the Court of Cassation (Commercial Chamber) of 12 June 2025 affirms an essential principle: when the loss arises from a judicial order ...