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Subsection 4: Formation of the credit agreement and the main agreement

Article L341-34 of the French Consumer Code

Subject to the provisions of the second paragraph, in the cases provided for in Articles L. 341-37, L. 341-38, L. 341-40 and L. 341-41, the lender or lessor may be deprived of the right to interest, in full or in the proportion set by the judge. In the cases provided for in article L. 341-37, if the annual percentage rate of charge determined in accordance with articles L. 314-1 to…

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Article L341-35 of the French Consumer Code

When the sum paid in advance by the purchaser has not been repaid under the conditions provided for in the second paragraph of article L. 313-41, the sum due shall bear interest at half the legal rate from the fifteenth day following the request for reimbursement.

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Article L341-36 of the French Consumer Code

When the sum paid in advance by the lessee has not been returned under the conditions provided for in the second paragraph of article L. 313-62 for a hire-purchase contract and a sale with a promise to sell, the sum due shall bear interest at the legal rate plus half from the fifteenth day following the request for repayment. .

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Article L341-40 of the French Consumer Code

It is an offence for the lender to cause the borrower or the declared guarantors to subscribe to, or to receive from them, acceptance of the offer without the offer bearing a date or in the event that it bears a false date such as to lead to the belief that it was given after expiry of the ten-day period prescribed in Article L. 313-34, is punishable by a fine…

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Article L341-41 of the French Consumer Code

If the lessor causes the lessee to subscribe or receives acceptance of the offer from the lessee without it bearing a date or if it bears a false date such as to lead to the belief that it was given after the expiry of the ten-day period prescribed in Article L. 313-58 for a hire-purchase contract or a lease with a promise to sell, is punishable by a fine of…

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Article L341-42 of the French Consumer Code

If the lender or lessor, in breach of the provisions of article L. 313-35 or, in the case of a hire-purchase contract and a lease with a promise to sell, those set out in article L. 313-59, to agree to receive from the borrower or the lessee, or on behalf of one of the latter, a payment or deposit, a cheque or a commercial paper subscribed, endorsed or guaranteed in…

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Article L341-43 of the French Consumer Code

If the lender, in breach of the provisions of article L. 313-38, for the seller, in breach of the provisions of article L. 313-41 or for the lessor, in breach of the provisions of article L. 313-62 for a hire-purchase contract and a hire contract with a promise to sell not to return the sums mentioned in these articles, is punishable by a fine of 300,000 euros.

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Article L341-44 of the French Consumer Code

Natural persons guilty of offences punishable under articles L. 341-37, L. 341-38 and L. 341-40 to L. 341-43 also incur as additional penalties the prohibition, in accordance with the procedures set out in the Article 131-27 of the Penal Code, either to hold a public office or to carry out the professional or social activity in the exercise or on the occasion of the exercise of which the offence was…

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