French Court of Cassation Clarifies Guarantor Protection and Creditor Obligations in Landmark 2017 Ruling
Law case - 3 pages - Bank law
"Discover the critical insights from a landmark Court of Cassation judgment (Commercial Chamber, 13 September 2017, n° 15-20.294) that redefines the balance between guarantor protection and guarantee effectiveness. This pivotal ruling clarifies the contours of two key defense means used by...
Court of Cassation Ruling on Suretyship Scope
Law case - 1 pages - Bank law
The Court of Cassation clarifies that a judge cannot extend a guarantor's commitment beyond the explicitly agreed limits, as per Article 2292 of the Civil Code.
Effects of Suretyship Between Co-Guarantors
Law case - 1 pages - Bank law
Court of Cassation judgment clarifies that a guarantor can invoke manifest disproportion of their commitment against co-guarantors who exercise a recourse after paying the debt.
Court of Cassation Ruling on Surety and Biennial Prescription
Law case - 2 pages - Bank law
The Court of Cassation ruled that a surety can oppose the two-year prescription provided for in Article L. 218-2 of the Consumer Code to the creditor, even if the prescription originates from the consumer status of the main debtor.
International Financial Fraud Jurisdiction
Law case - 5 pages - Bank law
The Court of Cassation requires a concrete analysis of the place of realization of damage in international financial fraud cases, reaffirming European criteria for localizing financial damage.
Court of Cassation Ruling on Mortgage Extinction
Law case - 2 pages - Bank law
The Court of Cassation quashes the judgment of the Court of Appeal of Poitiers, ruling that the two-year prescription of a professional's payment action against a consumer leads to the extinction of the mortgage due to its accessory nature.
Banker's Freedom to Refuse Credit
Law case - 5 pages - Bank law
The Plenary Assembly of the Court of Cassation reaffirms the principle that bankers have the freedom to refuse credit without justification, as per Article 1134 of the Civil Code.
French Court of Cassation Ruling: Bank's Obligation to Return Funds in Disputed
Law case - 5 pages - Bank law
Unlock the nuances of banking law with this landmark Court of Cassation decision. Discover how the commercial chamber's ruling redefines the bank's obligation to return funds, emphasizing the protection of the weaker party in banking agreements. Learn about the simple presumption of...
Court of Cassation Ruling on Bank Liability for Counter-Crediting Unpaid Check
Law case - 5 pages - Bank law
The Commercial Chamber of the Court of Cassation upheld a decision that a bank is not liable for counter-crediting a check returned unpaid due to opposition, as it is not required to verify the regularity of the opposition.
Banking Monopoly Enforcement
Law case - 4 pages - Bank law
The Court of Cassation enforces banking monopoly by ruling against individuals for illegal practice of banking profession.
Bank Liability for Forged Checks
Law case - 6 pages - Bank law
The Court of Cassation rules on a bank's liability for paying forged checks, examining whether a client's negligence can exonerate the bank from liability.
Court of Cassation Ruling on Manual Gift and Power of Attorney
Law case - 4 pages - Bank law
The Court of Cassation ruled that a bank transfer cannot be considered a manual gift if the donor has a power of attorney on the recipient's account.
World Trade Organization, DS487, United States - Conditional Tax Incentives for Large Civil Aircraft - International Economic Law and Policy
Law case - 3 pages - Bank law
The dispute involves the European Union, acting as the complainant, and the United States, serving as the respondent. This dispute has been brought to light in accordance with the dispute settlement rules of the World Trade Organization. Like many disputes within the WTO framework, it pertains to...
