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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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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.