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.

CEO Fraud / FOVI: Interplay Between Unauthorized Transaction and Duty of Vigilance – Court of Appeal of Paris, 1 October 2025, No. 23/12393

The decision of the Court of Appeal of Paris of 1 October 2025 provides an interesting illustration of the interplay between the special liability regime ...

Transactions Validated by Secur’Pass and Bank Liability – Court of Appeal of Rouen, 25 September 2025, No. 24/02415

The judgment of the Court of Appeal of Rouen of 25 September 2025 constitutes an illustration of the rules governing unauthorized payment transactions and the ...

Apple Pay: Strong Authentication and Burden of Proof – Court of Appeal of Paris, 25 September 2025, No. 24/13440

The judgment rendered by the Court of Appeal of Paris on 25 September 2025 (No. 24/13440) provides an important illustration concerning the liability of payment ...

Advisory Opinion of the Cour de cassation on Acceleration Clauses – Cass. 1st Civ., 8 Oct. 2025, No. 25-70.016, Published in the Bulletin

The Cour de cassation recently issued an important advisory opinion on 8 October 2025 (reference: Cass. 1re civ., 8 oct. 2025, n° 25-70.016, Publié au ...

Duty of Vigilance: A Single Abnormal Wire Transfer – CA Montpellier, 4e ch. civ., 11 Sept. 2025, No. 24-00820

In a context of increasing financial fraud, particularly "CEO fraud" attempts, the delineation of banks' liability remains a major issue for businesses. The ruling by ...

Proof of Delivery of the SECCI/FIPEN: A Case Law Illustration – CA Chambery, 2nd Chamber, 4 September 2025, No. 23/01810

As a borrower, you benefit from strong legal protection, notably the lender's obligation to clearly inform you before any consumer credit subscription. The key instrument ...

When Is the Guarantor ‘Called Upon’ by the Creditor? (Com. 9 July 2025, 24-18.368, Unpublished)

As a guarantor (caution), you play an essential role in the financing of a business or project. However, the guarantee commitment carries serious consequences, and ...

Unfair Acceleration Clause and Judicial Termination – CA Colmar, ch. 3 a, June 16, 2025, No. 24/02617

Consumer credit law is a field where the contractual balance between the professional lender and the consumer borrower is constantly examined by the courts. A ...

Falsified IBAN and Duty of Vigilance – Court of Appeal of Besancon, 16 September 2025 (No. 24/01218)

In a financial environment increasingly exposed to fraud, the question of Payment Service Providers' (PSPs) liability in the event of a misdirected wire transfer is ...

Breach of the Banker’s Duty of Vigilance Regarding Intellectual Anomalies: 70/30 Liability Split (CA Grenoble, 9 Sept. 2025, No. 24/00638)

The ruling by the Court of Appeal of Grenoble on 9 September 2025 (No. 24/00638) confirms the jurisprudential balance between the client's duty of prudence, ...

Apple Pay Fraud: When Activating Apple Pay Is Not Enough to Prove Client Negligence (CA Chambery, 1st Ch., 9 Sept. 2025, No. 23/00184)

The use of mobile payment services such as Apple Pay simplifies daily transactions. However, in case of fraud, the fight for reimbursement can be arduous. ...

Atypical Investments and Online Fraud: Strengthening the Duty of Vigilance of Payment Service Providers – Cass. com., 1 October 2025, No. 22-23.136

The rise of online trading platforms, particularly in speculative areas such as Forex and binary options, has been accompanied by a surge in fraud. Two ...