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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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 ...

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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 ...

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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 ...
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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 ...
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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, ...
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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 ...
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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 ...

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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 ...

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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 ...
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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 ...
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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 ...
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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 ...