Suchergebnisse

summary note downloadable from the GIP Mission de Recherche droit et Justice website since the early 1990s and until recently, France has seen a very significant and almost general decrease in unpaid litigation — both banking and commercial — before all civil and commercial courts. The purpose of this study is to provide a detailed analysis of this phenomenon and to investigate its causes. The report, conducted on the basis of statistical studies and interviews with certain parties involved in practice, shows, in a way which is not unexpected, that the very general phenomenon of reducing unpaid disputes, particularly in the banking sector, cannot be linked to a single cause of action. It is the product of the combination of various factors whose respective share cannot be precisely determined, and which play differently depending on the sector and the types of receivables. — On the one hand, the decrease in unpaid litigation can be explained, to some extent, at the root, by a decrease in unpaid cases, linked to certain developments in the granting of loans: while the stock of loans granted by individual agents has increased rather, and the economic difficulties of debtors have not decreased, some credit distributors have, from the early 1990s, made a better selection of their debtors, thus significantly reducing non-payment cases. This first explanation, focusing on the prevention of the risk of unpaid payments, applies above all to the banking sector and is very partial. On the other hand, and more generally, the phenomenon appears to be linked to profound changes that took place during the period observed in dealing with unpaid situations, which in many cases lead to these situations being removed from the normal judicial system: in addition to the derivatives imposed by the legislator (which itself organises other methods of processing), these derivatives are most often voluntary and use a variety of routes. This second type of explanation, which focuses on the dejudicialisation of the treatment of unpaid ...

The purpose of this study, commissioned by the Ministry of Justice, was to report on the state of positive law on guarantees and other personal guarantees. The guarantee, which was presented less than 30 years ago as a security in decline, seems to have seen considerable renewal in practice since then. In any event, it gives rise to ongoing litigation at the same time as it has given rise, for some 15 years, to extraordinary legislative and, above all, case-law. As a result, a sector of law which has remained stable since the Civil Code has been disrupted. In return, however, there is a lack of confidence in the guarantee on the part of certain creditors who turn to new forms of personal security not governed by law. Thus, in order to better understand the 'crisis' of the spontaneous guarantee diagnosed, it appears necessary to supplement the analysis of the legislative and case-law rules relating to that contract and other personal guarantees with a (necessarily limited) approach to the litigation brought about by those guarantees. Although the proceedings before the courts dealing with the substance of the case appear only on the basis of the figures of the claims brought before them, it was possible, on the other hand, to conduct a systematic study of the disputes relating to guarantees and other personal guarantees before the Cour de cassation. On the basis of the CD Rom Lexilaser Cassation 1986-1995, all the judgments handed down by the Cour de cassation (Court of Cassation) over the last ten years have been recorded. The census provided a clear idea of the types of guarantee that give rise to litigation, the types of questions raised, and the concrete results obtained by those involved. This information is not only valuable in itself: they also shed new light on the rules of case-law which emerge from the judgments delivered, for example by making it possible to ascertain to what extent a rule, favourable in its wording to a particular actor, actually enables it to obtain a positive concrete result before ...