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Bond disproportionate

About a ruling of the Supreme Court dated June 22, 2010 (Comm. June 22, 2010, FS-P + B + I, No. 09-67814)

Article L.341- 4 of the Consumer Code, resulting from Law No. 2003-721 of 1 August 2003 relating to economic initiative, prohibits the creditor professionals rely on a guarantee contract entered into by an individual whose commitment was At its conclusion, clearly disproportionate to his assets and income.

the text reserves in the assumption that the bond would have, when it is called, allowing a wealth of to meet its obligation.

In this case, the creditor alleged that the appellate court to have allocated to the company manager, surety company, a compensation equal to the sum he had not explained the importance of the disproportionate commitment.

The Supreme Court said that the law applies when the bond is a natural person.

officer who stood surety for the debts of his company benefits from this legal protection (Comm. April 13, 2010, No. 09-66309).

The Court of Cassation stated that the penalty of the bond clearly disproportionate consisting in the inability of the creditor from availing himself of the commitment is not to repair the injury and did not appreciate the extent of the disproportion.

Once the judge finds the manifestly disproportionate bail, he must reject the request of the creditor.

This solution applies to acts of bonds subscribed as of August 5, 2003, the date of entry into force of the law of 1 August 2003 (Cass.Ch.mixte, September 22, 2006, No. 05-13 517) .

acts undertaken previously, except those already submitted to the Consumer Code, under the old law penalizing excessive bail by the award of damages.

Yann Gallon - Lawyer (assisted by Marie-Laure Lanthir, student Lawyer)

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Attaching new thresholds ban cash settlement

Article L.112-6 paragraph 1 of the Monetary and Financial Code, as amended following Ordinance No. 2009-104 of 30 January 2009 on the prevention and financial system for money laundering and terrorist financing, the principle of a general prohibition of cash beyond an amount fixed by decree.

The implementing decree No. 2010-662 of 16 June 2010 was recently published (OJ 18 June).

It created an article D.112-3 of the Monetary and Financial Code which provides that the threshold beyond which he is prohibited from paying cash is set at 3,000 euros when the debtor has his domicile in France or when he is acting for the needs of a professional activity.

The upper limit of cash payments is increased to the sum of EUR 15 000 when the debtor proves that he does not have its fiscal domicile in France and that does not act on the needs of a professional activity.

Previously the ban was aimed at professional regulations above 1100 euros for specific operations (rental payments, transport, services, ...).

Generalizing the prohibition of cash beyond a certain sum, France has complied with the third EU directive against money laundering No. 2005/60/EC of 26 October 2005.

Violations of this prohibition are punishable by a fine of 5% of amounts paid in cash (art.1840 J General Tax Code and L.112-7 of the Monetary and Financial Code).

Yann Gallon - Lawyer (assisted by Marie-Laure Lanthir, Student Counsel).

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Hunters, consider insurance to hound

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chienchatsanté.com Your broker specializing in animal health mutual , has selected a insurance hound tailored to your needs and your budget. By age, race (terriers, dachshunds, hounds, pointers, Flushing ...) and the pedigree of your pet, it supports the damage it may incur during your parts hunting. To register your
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The rent receipt is required?

Your tenant has paid the full payment of his rent and his charges.S it you request a rent receipt, you must pass it on. This release will allow him to testify that he regularly pays his rent to the FCA for individual housing (APL), for other administrative services or to move.

To fulfill your rent receipt it will indicate the period of the payment, the amount of rent excluding charges, allowance for expenses and total. You can send it by ordinary mail, hand delivered to him or her mailbox if you live nearby.