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Lien Definition

The lien is a mechanism of protection based on the retention of possession of the retainer. We can define acordée as possible to a creditor who has the thing his debtor to refuse to return to default of payment of its entire debt.
The legislature has extended in 2006 by legally enshrining in Article 2286 of the Civil Code.
conditions: it requires the existence of an unpaid debt, the creditor may have a legitimate thing and finally the establishment of a nexus between the claim and the thing, which may be legal, material or conventional.
effects /: The retainer has the right not to return the thing but it has a duty to keep the thing and has no claim on the value of the thing, he has no authority to seek production of the property, whether its forced sale or assignment of its judicial or conventional property. Similarly
the creditor has no right of resale right in the thing, its must be lost upon voluntary divestiture.
The lien is perfected erga omnes whether the other creditors generally, or the third party owner Property in particular.

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Gage


The pledge is a contract whereby a person gives his creditor a movable object or value to ensure fulfillment of its commitments, such as repayment of a loan of money. The contract is formed by depositing the object on which the pledge.

s Order No. 2006-346 of 23 March 2006 on the safeties, Contracts security law reform. Now the subtitle II of Title II of Book IV includes a chapter I entitled "The liens. The pledge is defined under section 2233 of the Civil Code (new version resulting Ordinance above) as an agreement by which the grantor grants a creditor the right to be paid in preference to other creditors on a chattel or a set of tangible personal property, present or future, being specified that secured claims may be present or future, provided, however, be determinable. The pledge is perfected by advertising that is made. When the pledge was published regularly by an inscription on a special register the details of which are set by decree in Conseil d'Etat, the successors by particular title of the grantor can not rely on section 2279. Under section 2078 of the Civil Code, the pledgee can order in court that he remain in his pledge payment to an equal extent after estimate made by experts. In bankruptcy law, when the liquidation has been pronounced against the pledgor, the pledgee may request the judicial function of the collateral prior to its implementation by the liquidator. The assignment of judicial lien, ordered before the opening of proceedings by a collective decision on the merits, enforceable provision transfers the property to the creditor and off the claim of the latter up to its value (Com. - January 24, 2006 BICC No. 634 of February 15, 2006).

Our law knows several types of pledges, some assume that the debtor furnish necessarily the thing pledged, either the creditor himself or a third party who is made the custodian, other types of wages do not include this requirement such, the pledge created on the vehicle, the lien on business assets and pledging of machinery or capital equipment. Ordinance No. 2006-346 of 23 March 2006, on this point also redesigned the provisions of the Civil Code and those special laws relating thereto. On the publication formalities relating to the pledge without dispossession see Decree No. 2006-1804 of 23 December 2006 taken for the purposes of section 2338 of the Civil Code.

The pledge is part of the collateral. Misconduct by the debtor to repay the loan, the pledgee may sell the pledge at a public auction. The pledgee has a lien on the proceeds of the sale of the pledged object.

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Partial

We had to address issues that followed, so especially for those who pass the oral answer they are important if we were asked.

-What does the notion of a letter of intent?

Confront-autonomous mechanism guarantees that with the guarantee contract.

- What do you think of the statement "the cautionnment uninilatéral is a contract?

-What are the ways of Defence of the security to the creditor? The bond-

solvens - she has recourse against the principal debtor?

-What is the meaning and scope of the concept of proportionality in bond?

If some think they have good proposals do not hesitate to reply on our forum Blog!

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the executive summary

The first work is a work of defining the terms of the subject to understand it, one must also verify that all documents listed are present. Reading the documents must then be oriented according to the subject, the first reading flying over all documents to get an idea Approximate topics addressed in each of them.
It will then rank the most important documents and those who deal in the least about, watch the presence of foreign material to the subject is entirely possible, they are traps! sometimes also there to repetitive texts that do no further clarification.
Then you must engage in a thorough reading of the documents or document parts that are identified as being interesting while keeping the subject well in mind.
Make a table of elements found in each document and does so very synthetic by exposing the main ideas and concepts related to it. Warning
duty should be made only from the elements identified in the documents you are not asked in any way to expose your personal ideas or quoting the course, it should serve you well understand the subject.
_INTRODUCTION: it should not be long about 6 lines of: What to expect?, why we talk? and how we talk? the plan must be annocé and justified, it is their duty.
PS: do not forget hats and phrases
_CONCLUSION transitions: it is necessarily due to an opening found in the documents.
PS: the duty must always remain fluid.

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THE LETTER OF INTENT


have a sample letter of intent is good but it's better to have the course is not it?
Definition:
is a document written by one third to one creditor to express its intention to support the debtor.
Synonyms: comfort letter, sponsorship letter, letter of sponsorship.

The letter of intent is often used in business between the parent and its subsidiaries. It is a guarantee for compensation as an obligation of means to that result.

Consecration:
- Order of March 23, 2006
- Section 2322 of the Civil Code which states: "The letter of intent is the commitment to do or didn't do that for the support provided to a debtor in the fulfilling its obligation to the creditor. His show

:
- a firm and precise contract. Acceptance may be tacit or explicit.
As a society, the representative of the latter must have prior authorization of the board of directors and supervisory subscribe to it.
- Item: guaranteed payment to the creditor

Its effects:
- if the author of the letter of intent was signed for an obligation of means, it shall comply with all appropriate means to deploy and appropriate to pay the debt.
- If the author of the letter of intent signed for an outcome, it must do everything in its power to settle the debt.
Failure to pay the debt, is the creditor to prove the fault of the debtor's letter showing the causal link between the non-payment of debt and the attitude of the author of the letter.

Possible remedies:
comfort (author of the letter) has three possible remedies:
- personal, natural remedy against the debtor guaranteed
- subrogation
- an action based on the business management When comfort has wanted to act for the secured debtor without having received a mandate it.

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Classification collateral

classifications collateral

a) According to their source:
Security can be conventional (and pledge collateral and antichresis furniture and real estate mortgage), legal (MLM) or judicial (mortgage and pledge furniture conservatory).


b) Depending on their plate:
· First Security may be general or special. It is generally when it relates to all the debtor's property (lien fully general) or the whole property of the debtor (some legal mortgages) and finally on all the movable property of the debtor (liens general). It is special when a door or specific assets of the debtor (pledge, hypothecation, antichresis, conventional mortgage).

Then it can be movable or immovable property. The distinction is very important in view of the organization of land registration allowing them to be effective against third parties. The Land Registry has been developed only for real estate collateral: privileges are fully movable general, special personal property; liens and pledges are movable, is the antihrèse estate and real estate mortgage in principle.

c) According to their scheme: under the technical assignment of collateral.

Some security based on the dispossession of the debtor (the lien, certain guarantees and pledges, the pledge), while others do not require the dispossession of the debtor (now some pledges, liens, mortgages and privileges), while still others, more accurately referred to as collateral, the debtor acknowledge the deprivation of property, even property that serves as collateral to the creditor (leasing operations, retention of ownership, assignment as security, trust).

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Collateral

Definition

Collateral duties are incidental to a claim, the more often they give the recipient an interest with its attributes: the right of preference and the right away.

So these are real right accessories as opposed to real rights, which only give a major control on the real thing, except to have to admit, now, a new type of collateral: the trust property, although it leaves not exist for the benefit of the creditor owner (mortgage property retained) or does not give it (mortgage property granted) all attributes of ownership, such as the usus and fructus. This is, indeed, admitted, under the collateral by the new sections 2329-4 ° and 2367 to 2373 and under the new trust agreement (law of February 19, 2007) by sections 2011 to 2031 .

law reform collateral (Ord. 23/03/06)

1 - It makes some simplification of the law of security interests, in particular terminology. So the pledge does more than the tangible, the collateral, intangible.
2 - She returned some real guarantees of security interests in themselves, such as the right of retention and ownership retention.
3 - It modernizes the law of security interests by developing the plan of some of them (eg, admission of non-possessory pledges, commissory legality of the pact) and suggest new ways of conventional collateral (eg mortgage battery, the reverse mortgage). This latest development reflects the will of the legislature to bring French law in other legal systems with guarantees simpler, eg available for future obligations or sitting on things to come.
However, the system remains in place that, traditionally, the multiplicity of security interests, as opposed to those who accept the principle of ensuring safety from creditors, as the security interest of U.S. law (Art. 9 dl ' Uniform Commercial Code).

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security control in! The Trust

Since we have a security control I give you all go to the forum to leave questions or comments so that we succeed in this exercise. Follow the link ;-)

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Act No. 2007-211 of 19 February 2007 establishing the trust is published in the Official Gazette of February 21, 2007 [on the site Légifrance] ...


The trust means a transfer of property subject to customary conditions or duration. This notion is mainly in English law as the trust or in German law (THA).
In France, the trust has been introduced in the Civil Code articles 2011 and following the law of February 19, 2007 after a bill proposed by Senator Philippe Marini.

Definition "operation whereby one or more components transfer property, rights or sureties, or set of assets, rights or sureties, present or future, to one or more trustees, holding them apart from their own patrimony, act for a specific purpose for the benefit of one or more beneficiaries. "

The trust, in French civil law, can be used as a management tool or as security, but its use is tightly controlled:

- only corporations subject to corporation tax may be forming (art 2014 of Civil Code)
- and only credit institutions can be trustees.
- It can not be used at the end of the liberality of the Civil Code Article 2013 provides "the trust agreement is void if it makes a donative intent to the beneficiary." Besides the absolute nullity (civil penalty) the trust incurs heavy-liberal tax penalties (Articles 792a and 1792 of the Tax Code).



Interesting articles for more information about the trust. www.universalis.fr/encyclopedie/T230866/FIDUCIE.htm - 52k
www.lesechos.fr/patrimoine/banque/300141413.htm

This link takes you to the law passed with all sections of code on the trust
www.lexinter.net/lois4/loi_du_19_fevrier_2007_instituant_la_fiducie.htm - 60k -

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Attention all lawyers!

You can come to this address to discuss, ask questions, or even we report an error information because our blog has a pedagogical dimension it is intended to help us understand the specific issues on security law, therefore you are expected soon.
follow the link http://forumsuretes.unblog.fr

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online dictionary private law Serge Braudot

For those who have some difficulties with the legal terms, an online dictionary proposed by Serge Braudot private law is available to you. Make
good use!!

www.dictionnaire-juridique.com/

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http://www.oboulo.com/lettres-intention-20236.html For more information on the letter of intent you can visit this site! !

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Sample Letter of Intent to visit

Sample Letter of Intent published on the site www.annufinance.com

A Pierre Dupont
CEO AVENIX
In the care of the Company Board M & A

Sir

Following the various discussions that we have had and information I was sent by your Board Company Board M & A company registered in AVENIX Paris under the SIRET 333444555 00011 you want to assign, then the designated target, I am interested to enter into this assignment on my behalf or on behalf of my company, FUTURIX, registered in Paris under the SIRET 333444556 00012, or on behalf of a company in creation that I reserve the right to substitute this offer and subsequently named in the buyer.
This assignment for 100% of the target or x% if the offer does not cover all the capital, could take place on the following basis:


1 / Price and price adjustment
The offer price is of X.XXX.000 euro, determined by the following calculation
....
and therefore linked to the result ... state of operations, before taxes or net as I was announced at the close of ..... and for a period .... months, the financial audit will confirm.

Optional
An additional prize will be paid according to the result based on the following .... ... and dated ....

2 / A memorandum
Once an agreement in principle is reached between us, we propose the signing of a protocol committing ourselves to each other on the bases following the preparation of which could be given to your legal advice / my legal advice in coordination with mine / yours.

3 / conditions precedent, to remove successively
3-1 / Funding: by me getting the necessary funding, in addition to my personal contribution of EUR X00.000; especially you put your banker in confidence because I seems well positioned to participate in the operation. I will raise this suspensive condition when I got insurance that I deem sufficient only by a simple letter, fax or e-mail to Council M & A. If I did not get this funding within ... days, I notify Council M & A by the same means and pay my capital as defined below me will be returned.

3-2 / audits: from the lifting of the suspensive condition previous audits will be conducted following the expense of the lessee: Do
propose that audits are considered strictly nécesaires and Examples:
- accountancy between your accountant and my advice, MX .....
- audit business, by myself / by X. ... with yourself / your sales manager
- audit of inventory, delegated by me to Mr. X. .. specify the method and reference materials
- social audit, delegate by me to Mr. X. .. specify the purpose
- legal audit, delegated by me to Mr. X. .. identify documents to be audited

4 / Warranty assets and liabilities
A guarantee must be signed by you along with the protocol, covering a total of .... euro, declining into thirds to cover periods of years ... ... and ...
We will jointly identify the precise conditions of its application.
This guarantee will be materialized by a bank guarantee or other equivalent means to agree to a total of ... euro also declining into thirds to cover the years and years ... ... and ... to bring to light the full signature.

5 / transferor and the Accompaniment competition undertaking
You will provide support to the recovery paid based on .... / Unpaid and will cover a period of ... that the lessee will have the liberty to shorten if desired. This support will involve your presence ... days a week ....

6 / Exclusivity Clause
Until the conditions precedent or abandonment of the project, you will grant me an exclusive and gèlerez Therefore contacts with all other potential buyers.

7 / capital allowance
Choose a reasonable amount, normally 10% of the price but if the price is less than 1.5 million.
In exchange for this exclusivity I will pour upon the signing of the Memorandum of compensation capital .... Euros in a check payable to the CARP to be sequestered by my attorney / legal counsel to your conclusion or end of the talks.

capital allowance will be refunded to me if either of the conditions precedent was not closed as stated above. It would

affected the sale price if successfully completed and therefore part of the price paid to a shareholder / shareholders.

escrow fees will be borne by the parties who would receive this payment.

8 / Ski capital of the transferor licensee
I hope that you bring to my company's capital recovery of the sum .... euros against a percentage of ... % Of that corporation

I will take a commitment to repurchase the securities on terms to be defined.

9 / Journey to the proposed assignment
The protocol should be signed as soon as possible; must be provided for the audit period ... weeks and the signing of definitive measures of transfer slips and payment of the price by cashier's checks to existing shareholders and members will follow the suit of legal counsel in charge of preparing acts.

10 / Duration of validity of this offer
This offer is valid for 30 calendar days.

This letter is based on the view that I'm done on this company from all written and verbal information provided to me in the memorandum Consulting M & A additional documents and our interviews. If audits brought doubt on some of this information, or a reduction sensitive to the value of the company, I reserve to review this proposal, or to discontinue negotiations at any time without any obligation to you and capital allowance to me would be made by the sequestered on a notification from me to you even by ordinary mail at the end of the talks.

I hope you agree with this and please accept ...

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Blog

Blog Here are students from the third year of law license for you to visit and intervene! Leave comments! We must encourage the exchange that will benefit you for the review of examinations and even to develop your legal reasoning! Foster collaboration !!!!!
Security Interests:
http://projetoiml3groupe21.over-blog.com
http://droit-civil-les-suretes.blogspot.
http://cayarcy.unblog.fr
http://paripo.oldiblog.com
http://droitcivilteam5.blogspot.com

Administrative Law of Property:
htpp: / / http dompubmaritime.skyblog.com
: / / www.bloguez.com/ls3oim9
http://droitadministratifmfcc.blogspot.com
http://lecode.unblog.fr
http://loammi.skyrock.com
http://domainepublicmaritime.blog.fr

International Law:
htpp: / / org-interna.blogspot.com
http://lmdip-dip23.blogspot.com
http://domainepublicmaritime.over-blog.com

common law of private groups known as Company Law:
http://hicsociuslucri.blog4ever.com
htpp / / right-of-corporation-spot.over-blog. com
htpp: / / nulencommercial.canalblog.com
htpp: / / teamcom-04.blogspot.com
http://lessentiel-du-droit-commercial.blogspot.com
http://sosdroitdsocietes.blogspot.com
http://petrola-971.blogspot.com
http://jurisociete12.blogspot.com
http://sboneone.free.fr/wiki/index.php/Accueil

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WARRANTIES OR SELF FIRST CLAIM


INDEPENDENT WARRANTIES OR GUARANTEES TO FIRST REQUEST



Definition: a conventional warranty strengthened. On being asked, the guarantor must pay immediately. This warranty does not have character accessories. Ensuring effective
was consecrated by the Ordinance of 23 March 2006 which gave birth to section 2321 of the Civil Code.

The characterization of security autonomous

To determine qualification, the basic criterion is the object of commitment. The guarantor will then undertake to pay a debt that is personal. But that commitment should not be to secure the debt of the principal debtor.

The validity
The guarantee is governed by contract law.

Article 2321 paragraph 1 states that: "The guarantee is independent obligation whereby the guarantor undertakes consideration of a bond underwritten by a third party to pay a sum is an initial request or under terms agreed.

4 conditions are required: *
Consent: integrity, express and free from defects
Paragraph 2 of Article 2321 Civil Code, "the guarantor is not required in cases of abuse or manifest fraud or collusion of the beneficiary of it with the principal" * The ability
and power, the guarantor must be capable as it commits its heritage. In addition, for power protection exists with section 1415 of the Civil Code for the couple having their property in common.
* Object: the guarantor's obligation is to pay the money previously set by the Security Agreement.
* Cause: There guarantor's liability when a contractual relationship between the beneficiary and the payer.

The formal requirements are needed only on a trial basis.

The rules of evidence apply the common law when the commitment is greater than 1500 €. The guarantee must be proven by independent writing.

The effectiveness of the safeguard autonomous

- The principle is an immediate obligation to pay
The guarantor has to pay when the conditions of the guarantee are met.

Examples:
1) the demand guarantee documentary states that the guarantor will pay upon presentation of documents proving the breach the basic contract.

2) the demand guarantee reasoned application, the guarantor must pay the beneficiary upon request. Warning! Sometimes the recipient can claim the warranty when the contract was properly executed.

- Appeals
The use of the guarantor may be, first against the principal where he will claim the refund of moneys paid with interest. It will be a personal remedy.
other hand, against the beneficiary when the money was improperly received.

The use of the payer can be done, first against the beneficiary in an action for recovery of overpayments when the guarantee was executed.
other hand, it can also take action against the guarantor if the call was abusive and that he could legally respond.

Exceptions to the immediate payment
- Exceptions under the contract of guarantee
When the contract expires, it is no longer possible to claim warranty. The recipient will ask the guarantor to extend its guarantee to require the payment of debt before the term of the contract.

- The powers jurisprudence
This hypotheses of fraud by the creditor
• The use or misuse of a legal rule to obtain rights that should not normally enjoy
• The guarantee is intended to anything other than originally planned
• Agreement between fraudulent creditor or beneficiary and payer

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Sheet bail

Definition _ c.civ ART 2288: He who makes a surety bond is submitted to the creditor to meet this obligation if the debtor fails to fulfill them itself.
Formation_ The bond formed by the exchange of consent of the creditor and the surety. In this sense it is a contract.
ART 2292 c.civ: The bond is not presumed, it must be express and can not extend beyond the limits within which it was contracted.
It must have integrity and must not have been entered by mistake, fraud or under compulsion of violence.
are able to subscribe to emancipated minors, incapable adults under guardianship or under judicial protection and legal persons provided for companies that the bond be according to the object.

Conditions_ 1 - The deposit must be creditworthy, a creditor shall not underwrite excessive bail, the commitment of the bond must be related to its assets and income, the creditor must inform to subject. THE ART v. 341-4 drink: a professional creditor can not claim a contract of guarantee entered into, by an individual whose appointment was at its conclusion manifestly disproportionate to his income and assets ... 2 - There are some conditions which form that outlined by the THE ART 341-2 c.conso about the handwriting in the contract binding. 3 - the existing bond must be proven, c.civ ART 1315: Whoever claims the performance of an obligation must prove it. This evidence must be written. 4 - the extent of the bond must be proved, c.civ ART 2293: undefined The bond of a principal obligation extends to all the accessories of the debt, even at the expense of the first application and any subsequent to the termination which is given to the surety, the handwritten the extent of the commitment is from the 2003 ACT recquise pain of nullity for individual bonds.

Effets_ c.civ ART 2288: the guarantor undertakes to pay the creditor in case of default by the principal debtor. The creditor may sue the guarantor, that may then have to bail recours.L may be prosecuted only if the principal debtor's debt is due, the amount of the bond debt will deprive the individual of the minimum resources, <> .

Before continuing the surety, the creditor must give notice of the payment from the debtor's default principal if the bond fails to pay the creditor may initiate Prosecute, the deposit can however ask the judge for a grace period (1244-1 ART c.civ )

c.civ ART 2203: A surety who has paid a claim against the principal debtor, the actin in reimbursement covers the full amount paid by the guarantor to the creditor. It may also seek damages.

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The obligation to inform the surety

I just surety for a loan to my father by the Building and Construction Company. The latter did not inform me the developments of my father. I have not received any mail! How to put the company in question because I heard about a law, (well. ... what's her name I already know!) Who said it was the creditors professionals. I'm afraid of not having satisfied because the loan does not come from a financial institution.

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Exercise effects bail

I tried to make a small case study on the effects of bond for practice. On examination it will be a comment or a practical case, where the interest of this little exercise. My fiance

B. and myself, we surety brought to 1500 euros (principal and accessory) a loan of 1000 euros granted by his mother to his girlfriend Gilda. The loan enabled him to develop the activity of its stock in trade. It turns out that my beautiful mother discovered that she had a relationship with my dear future husband and she did not respectéson commitment. Knowing nothing, I paid the debt as Gilda has demanded repayment of the loan. What should I do? My marriage plans fell into the water! In revenge I wish to return against B but I hesitate to make an appeal against beautiful mom because I like it a lot you know!

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Tutorial 3: + case study Synthesis

I'll just here provide an outline correction and synthesis of the practical case, that is to say that I will highlight that the overall charge of TD was waiting for us. In the case of most practical cases this will perhaps some who did not understand the calculation or reasoning to be more enlightened on the subject.

SYNTHESIS:

-define the bond-
highlight that the creditor normally has no obligations towards the bail
but that the law put his charging information requirements.
- structure = distinguish disclosure requirements before the formation of the contract, the day of the training and during the execution of the contract.
-list the different items (found elsewhere in different codes) and laws relating (art + laws) to these disclosure requirements; art L 313-22 Monetary and Financial Code, Act of 1972 and Neiertz 1979 and the 2003 law that seeks to unify all these rules, in particular.

In this review they should say so and most especially to the law, it is abstract and therefore it is not necessary to give the case except the most recent decisions that are important.

CASE STUDY:

It was by this case study to help us understand the mechanism of a bond in which the creditor more sureties for the same debt that is to say, co-surety.

Facts
society E. Karu, debtor has a loan of one million (contract Pricipals) with BGIJ Bank (creditor) that she even took a security contractor in a co-surety with 3 cautionnment (stéphane = 300000euros , melissa = 700000, gaetan = 1million)
liquidation of the company and therefore the bank gaetan call only for full payment of the debt which now stands to EUR 972536.58

On the issue of using
Use personal non subrogation since there is no safety but by the creditors against co-surety.

= valid payment terms, payment made as guarantor, paying with its own funds, payment in any of the DC section 2309 (see code Cicilie 2007 or 2008), the deposit must be paid more than his share and portion, el should not have abandoned his appeal explicitly, it must have paid the principal debt and no other debt that does not fall within the scope of the bond underwritten by other guarantors.

On the issue of money owed by each
CALCULATION =

-general coverage of the creditor that is to say, the total commitment of all bonds =
2 million-share calculation for each in this coverage: Gaetan
= 1M/2M = 1 / 2 * 100 = 50% = 486568.29
melissa 700000/2M = = 0.35 * 100 = 35% = 374387.80
Stéphane 300000/2M = = 0.15 = 145880.49

If Stéphane is insolvent

Its insolvency is borne by other guarantors
coverage without stéphane = 1700000
added after making a relevant comment demonstrated a lack of explanation: indeed, the commitment of being Stéphane 300000 if you subtract the initial coverage amount equivalent to its being the total commitment of one of Melissa + gaetano.

Gaetan = 59% = 572080.35
Melissa = 41% = 400456.23

That bin if you have any questions if you want details let me know! ;-)

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What is the difference between the bond and guarantee independent? The case comment

You should know that there are many cases on the qualifications of the independent guarantee. As for the comment Comparative td 4 parts merge security and guarantee because at first glance these concepts seem similar. What do you- think? Are there differences or are they joint?

In answering this question you will understand the mechanism of these two concepts! It's yours! I

directs you to a blog of a law professor who can help!

http://www.dimitri-houtcieff.fr/archive/2006/07/13/la-garantie-a-premiere-demande-s apparent-has-a-cautionnemen.html # more

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compared

Of Comments arrest compared to td 4 and 5 in securities law is to be done. After that many questions have been trained on the methodology of this exercise. Here is a summary of the method which I hope will help you. Compared to the commentary is an exercise stops very close to the classical case comment. The method of case comment must be followed strictly so for each stop. We must analyze the decision with questions that are in the form of methodology case comment.

Exercise has the effect of a comparative study of two (sometimes more) decisions for their comment.
This type of exercise brings together the decisions that relate to each other: they operate, in principle, about the same issue right.
Generally, three scenarios are possible:

• first scenario: Both decisions provide a similar answer to the question of law raised before PWAs must comment, explaining the meaning of decisions, check the importance and scope of the solution posed. Is it a well-established case law? Is this the rallying of a court or the formation of a court case law of another? (Judges from the bottom and the Court of Cassation, two divisions of the Court of Cassation ?...)
• second scenario: Both oppose decisions about the same issue droit.Le comment must trace the reasons for such opposition and scope of each solution in the field. Is this a repeated opposition, a new opposition? Are there other decisions confirming any solutions? One of the decisions she is an isolated case? The decisions they spend does opposing doctrinal views?
• third scenario: The two decisions build on the same issue droit.Le comment must verify the contribution of each decision regarding the rule of law applied and explain the meaning and scope of this rule with regard to two decisions.

In all scenarios, this exercise assumes that the aspect of comparative commentary is present throughout the developments and that, upon introduction. It is, in any case, a separate part in the study of each decision but to take all the common issues on which the two decisions are confirmed, oppose or complètent.Ainsi, the sentence introduction should indicate the common area which involves both decisions.

should not a summary of all the facts of the arrest. It is recommended that sheets off synthesize each stop. Do not be afraid that your introduction is too long, it's the method!

PS: if the items you seems insufficient, you can add other points in your comments!

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Definition and difference concepts: security, credit and guarantee



Matter security law that can not be grasped if we establish limina initially, a distinstion between the terms security, credit and guarantee.

• Safety is a primary teacher or a mechanism that Safer's report requirement, ensuring its implementation. So there are close links between security and credit law. For example the loan of money, establish credit.

Safety is an essential element in the negotiation of a transaction crédit.Le security law responds to economic concerns, it is for the creditor to protect against the risk of insolvency of the debtor.

• The credit is generally the confidence that the creditor may have in the faculties of the debtor to pay its debts eventually.

Collateral is the essential means to ensure the security sought by the creditor and thus allow credit transactions. The credit will be made possible by the granting of security to the creditor. Those guarantees include collateral.

• Very often, the words "guarantee" and "security interests are combined, while security is the institution of civil or commercial law that guarantees the future performance of a debt of money to run. So it's a special kind of guarantee that is attached to the claim.

The guarantor perhaps a third person, in the case of bond .

The guarantor may be the debtor himself when he offers to guarantee performance or payment of a sum of money, goods from his heritage. This is the case mortgage or pledge .

Other legal institutions can have this guarantee. It is the case with the exception of default or breach resolution.

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Introduction of the material by The reform law of security: the order of March 23, 2006

1. The security law has been reformed: Order No. 2006-346 of 23 March 2006 which was gazetted .
   The security for the performance of an obligation and are intended to ensure the creditor repayment of its debt in case of default. They are essential for the proper functioning of the economy.
   French law on security, largely from the Civil Code of 1804, must be reformed to modernize, simplify and facilitate the use of credit, including the elderly.
   The order is:

1. improve the readability of security law by combining all of the material in one book of the Civil Code.
2. simplify the creation of security rights by devoting particular, the pledge without dispossession that allows a debtor to retain use of the thing he puts in pledge
3. make possible the pledge by a company of its stock without delivery to enable it to obtain cash to invest while keeping the use of his stocks
4. facilitate the enforcement of security by putting an end to the ban pact commissory. The parties may agree and, once the pledge furniture, the property will become property of the creditor in case of default
change the rules applicable to the pledge of a motor vehicle by submitting to a single scheme listed in Civil Code
5. modernize the law of the mortgage by reducing costs and simplifying its release and purge
6. devote mortgage equity that allows a debtor who has a mortgage, do not constitute a guarantee for new loans in the successive maximum amount anticipated when the original mortgage
create the reverse mortgage that allows an owner of a property to obtain money through a loan secured on your property repayable on death or when the borrower sells the property.

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