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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 -