Query : Sûretés réelles
- Gout, Olivier3
- Blandin, Yannick1
- Borga, Nicolas1
- Bourassin, Manuella1
- Buisine, Olivier1
- Cagnoli, Pierre1
- Crastre, Julie1
- Doan, Thi Phuong Diep1
- Dolak Yavuz, Elif1
- Durant, Isabelle1
- Fall, Meïssa Tend Madior1
- Kaunan, Ahou Christiane1
- Lucas, François-Xavier1
- Macorig-Venier, Francine1
- Martin-Serf, Arlette1
- Moutsinga, Ghislain de Saint-Val1
- Nader, Jad1
- Oyono, Marlène1
- Pétel, Philippe1
- Piédelièvre, Stéphane1
- Political Science4
- Art and Art History1
- Economies and Finances1
- History, Philosophy and Sociology of Sciences1
- Communication Sciences1
- Methods and Statistics1
The protection of real exclusive securities in the collective proceeding in French-OHADA comparative law.
A company, whatever it size, form or importance is never away from financial difficulties that could lead it to collective proceeding. This situation is not without any consequences on the company's players, especially, creditors, who are the main collaborators in the company's exercise. Thus, to pr...
For a renewed approach of Privileges in French Security Law
The Article 2093 of the Civil Code provides that: "The debtor's property is the common pledge of his creditors; and the price is distributed among them by contribution, unless there are legitimate reasons of preference between the creditors". Indeed, our law recognizes two categories of security int...
June 1994, spring of real collateral?
The intervention of the judge into the course of processing security transaction in Vietnamese civil law.
The measures to secure of property (in which the borrower pledges or mortgage some asset as collateral for the loan) play an important role in a country’s civilian and economic life. These secured debt agreements necessarily results in the sequestration of the possession of the asset used as collate...
OHADA secured transactions and efficiency
Observing the law of secured transactions through the prism of efficiency reveals the reason why real and personal securities suffer as much from the competition from insurance law. Why are so many creditors no longer satisfied with their rights under the security agreement? Why are more and more pe...
The right of retention and retention of title, two real security interests in its own right
The federal legislator recently strengthened its position in favour of a functional view of the collateral, in line with the recommendations of the United Nations Commission on International Trade Law (UNCITRAL) and inspired by the Draft Common Frame of Reference (DCFR). ‘With a view to encouraging...
No English title available
De lege lata, the summa divisio between persona! guarantees and lien sureties is not as relevant as it used to be. A new distinction between sureties for oneself and sureties for others appears to be more efficient. Guaranteeing someone else's debt implies a lack of any direct benefit in exchange fo...
Securities and circulating property : contribution to the receipt of a real global security
Securities on the professional's properties form a significant way of accessing to credit. Despite many initiatives, means that enable to hold estates as security, such as stocks of goods, are not fully satisfying. The legal edifice, complex and opposed to the aim expected, prevents from using circu...
Security-trusts in turkish law
Security-trusts are the most effective securities that a creditor can hope to obtain from his debtor. They grant to the creditor, not a simple right of preference but an exclusive right over the object of the guarantee. The exclusivity conferred by property allows the creditor to guard against the d...
Transfer of collateral on death
The collateral in principle survives on the death of one of the parties involved in the guarantee transaction by transferring the assets and liabilities of the deceased to his successors. In various circumstances, however, death has an extinguishing effect which may jeopardise the payment of the dec...
The treatment of guarantees in the case of a judicial sale
The sale of a business is one of the most important insolvency solutions.However it’s a hard task to determinate creditor’s rights under these circumstances.Insolvency law has deeply changed consequently to main reforms (Act of July 26, 2005 called the “Safeguard Act”, Order of December 18, 2008 and...
The credit and the role of the banker in the prevention of the difficulties of the companies
The purpose of this thesis is to study the relationship between financial integration, political openness and growth in developing countries. In fact, political reforms and economic liberalization was the slogan of the international financial institutions which conditioned the granting of financial...
“Collateral against Collective Proceedings”
A new regime for the security agent (commentary on the order of 4 May 2017)
Is French law on security in rem attractive? Introductory report
Derogatory financial collateral arrangements in the financial and monetary code
France has introduced in the Financial and Monetary Code various types of financial collateral arrangements without organising nor recognising such category. Acting on a case by case basis, the legislator has provided pragmatic tools which offer to the security taker a better flexibility together wi...
Law of firms in difficulty Law of firms in difficulty: September 2019 — July 2020
Document of 14 pages. Plan: I — PreventionII — Repository III — Previous claims A — Admission to the passifB — Judgment of the inscriptionsC — Real collateral for iIV — Liquidated contracts V — Post-due receiveVI — Solutionsa — Safeguard and recovery plans — Consultation of creditors B — Assignment...
The critical analysis of the effectiveness of OHADA law on debt recovery
The OHADA law on juridical security through uniform acts has seriously been tested. Notably in the matter of debts recovery, which is part of the business law as defined by the Port Louis Treaty. The guarantors’ protection as well as the imperfect adequacy of the real securities, do not guarantee th...
Public policy and conventional sureties: contribution to the study of the diversity of collateral
No disproportion for real collateral for others
Real collateral. Vendor with a pledge, Possibility of invoking the retention of title clause rather than the right of pledge (yes)
(Com. 5 October. 1993, Sulzer ès qual. c/Société DIAC Equipment)
Conventional real security interests which are resistant to collective proceedings: the assignment of a tangible item of furniture as security for an obligation