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.

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Cryptocurrency Fraud: Understanding Jurisdiction and Applicable Law in Cross-Border Banking Disputes

As a banking law attorney, I offer you insight into a decision by the Paris Court of Appeal that addresses crucial questions for fraud victims, ...

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The Banker’s Duty of Vigilance: An Essential Shield Against CEO Fraud, Still Relevant (Cass. com., June 12, 2025, No. 24-10.168 and No. 24-13.697)

Two recent decisions by the French Court of Cassation reaffirm that the duty of vigilance of banks remains fully relevant and recall the interplay between ...

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Inter-Company Loans: Legal Framework and Penalties (Art. L.511-6 CMF)

In the entrepreneurial ecosystem, financial support between companies may appear as a natural step, aimed at facilitating operations or overcoming economic challenges. However, behind this ...

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Unfair Terms and Consumer Status: Mortgage Loans, Buy-to-Let Investments, and Mixed-Use Contracts

This article explores a fundamental concept at the heart of consumer protection: the consumer status in the face of unfair terms. It analyzes the case ...

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Tied Credit and Seller’s Fraud: Nullity of the Loan Even Without Cancellation of the Sale

Tied credit agreements, those financing arrangements specifically dedicated to the acquisition of a good or service, are by nature linked to the principal contract they ...

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CREDIT LOGEMENT: Loss of the Surety’s Right of Recourse

A recent decision by the Cour de cassation, dated 12 March 2025, once again confirms a rigorous position unfavorable to borrowers, raising important questions about ...

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Borrower’s Insurance: When the Disability Clause Becomes Unfair, the Cour de Cassation Rules!

Borrower’s insurance is an essential component of any mortgage loan, offering protection to both the borrower and the bank in the event of hardships such ...

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Agreement Between Lender and Borrower: A Bar to Judicial Review? Not So Fast!

In the field of consumer credit, it is common for lenders and borrowers, when facing difficulties, to attempt to find an amicable solution, often formalized ...

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Sale-Loan Interdependence: Is the Repayment of Capital an Unfair Burden on the Buyer Who Is the Victim of Fraud?

Consumer law has long developed the concept of contractual interdependence to ensure better protection for consumers. This approach allows several contracts, such as a sale ...

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Bank Fraud: Phishing, Spoofing, and the Proof of Gross Negligence

The question of reimbursement of sums debited following unauthorized transfers, often linked to fraud such as phishing, is at the heart of numerous disputes between ...

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Disproportionate Surety and Bank’s Duty to Inform (Credit Agricole vs GAEC)

Cour de cassation, Commercial Chamber, 21 May 2025, 24-11.783, Unpublished A recent decision by the Cour de cassation highlights the obligations of banks and the ...

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Over-Indebtedness: Nullity of the Bank’s Challenge

In over-indebtedness proceedings, the first step is the examination of the admissibility of the over-indebtedness application by the commission. Pursuant to Article L711-1 of the ...