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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Limitation of the Duty to Warn Claim: The Court Gives Borrowers More Time (Cass. com., 15 April 2026, No. 25-11.856)

In a judgment of 15 April 2026, the Commercial Chamber of the French Supreme Court (Cour de cassation) restates a decisive rule for borrowers and ...

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Borrower Insurance Never Forwarded: Bank Ordered to Pay 99% Compensation (CA Bordeaux, 23 April 2026, No. 23/05253)

The Bordeaux Court of Appeal (cour d’appel de Bordeaux) has just handed down a decision that should set a precedent for all home buyers who ...

saisie immobilière

Loan with a Monegasque Bank: No Forfeiture of Interest and No Overriding Mandatory Provisions (CA Aix, 15 January 2026, No. 25/06548)

On 15 January 2026, the Aix-en-Provence Court of Appeal (cour d’appel) upheld the forced sale proceedings brought by a Monegasque bank against a villa on ...

crédit à la consommation

Credit Granting and Scoring: The CNIL Strengthens Transparency and the Right to an Explanation (Deliberation No. 2026-047 of 2 April 2026)

On 7 May 2026, the CNIL (the French data protection authority, Commission nationale de l’informatique et des libertés) published a long-awaited recommendation on the use ...

saisie immobiliere droit bancaire 2

Abusive Acceleration Clause: The Bank Still Obtains Judicial Termination (CA Agen, Civil Ch., 13 May 2026, No. 25/00210)

A borrower stops repaying her personal loan. The bank declares acceleration of the loan (déchéance du terme) and demands the entire principal. First round to ...

apple pay

Apple Pay Fraud: The Bank Must Prove the Authentication of Each Payment (CA Rennes, 2nd ch., 26 May 2026, No. 24/00410)

Have you discovered on your statement a series of payments you never made, carried out from a phone that is not yours through a mobile ...

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Fake Courier Scam: Must the Bank Reimburse? (CA Paris, 15 April 2026, No. 24/16467 and 7 May 2026, No. 25/08993)

The fake courier scam is one of the fastest-growing banking frauds. A fake adviser puts the victim at ease, then a “courier” turns up at ...

contrat

Promissory Note: Two Creation Dates Void the Instrument and Release the Guarantor (Cass. com., 20 May 2026, No. 25-10.708)

A bank claims payment of a promissory note (billet à ordre) from two individuals who had guaranteed it (the guarantors, or avalistes), after the debtor ...

avocat spécialisé en crédit immobilier : expertise juridique pour votre prêt et défense de vos intérêts

Authorised Fraudulent Transfer: Bank Liable Despite the Time Bar (Toulouse Court of Appeal, 2nd Ch., 12 May 2026, No. 23/02325)

An 80-year-old customer, convinced she was investing in diamonds, transfers €123,000 in a single month to a British company. She is in fact the victim ...

saisie immobiliere droit bancaire 2

Transfer Scam: Bank Held Liable for Failure of Vigilance

An 80-year-old customer transfers €123,000 to a British company, believing she is investing in diamonds. It was a scam. On 12 May 2026, the Toulouse ...

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Fraudulent Transfer and Fake Adviser: The Bank Must Reimburse Despite Strong Authentication (CA Montpellier, 21 May 2026, No. 25/02512)

A couple receives a call from their bank’s “fraud department”. The caller knows their transactions and their balance, and calls back from the branch’s number. ...

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Consumer Credit: Forfeiture of the Right to Interest for Lack of Proof of Address (CA Paris, 4 June 2026, No. 25/10319)

A bank claims more than €7,700 from a defaulting borrower. For want of producing a single document (the customer’s proof of address), it walks away ...