Subsection 2: Formation and performance of the contract

A lender who has not complied with the obligations set out in articles L. 312-14 and L. 312-16 is deprived of the right to interest, in full or in the proportion set by the judge.

A creditor who grants credit without handing over and having signed or validated electronically the form referred to in article L. 312-17 is deprived of the right to interest.

Subject to the provisions of the second paragraph, a creditor who grants credit without providing the borrower with an agreement satisfying the conditions laid down in Articles L. 312-18, L. 312-21, L. 312-28, L. 312-29, L. 312-43 and, for account overdraft transactions, by articles L. 312-85 to L. 312-87 and L. 312-92, shall forfeit the right to interest. In the event that the annual percentage rate of charge determined in…

A creditor who grants revolving credit without providing the borrower with a contract satisfying the conditions set out in articles L. 312-64, L. 312-65 and L. 312-66 is deprived of the right to interest.

A lender who has not complied with the obligations relating to informing the borrower in the event of a change in the borrowing rate set out in article L. 312-31 and, for account overdraft transactions, in article L. 312-89 is deprived of the right to interest, in full or in the proportion set by the judge.

A creditor who has not complied with the terms and conditions for using revolving credit set out in the provisions of articles L. 312-68, L. 312-69 and L. 312-70 is deprived of the right to interest, in full or in the proportion set by the judge.

When the lender forfeits the right to interest under the conditions set out in articles L. 341-1 to L. 341-7, the borrower is only obliged to repay the capital in accordance with the agreed repayment schedule and, where applicable, to pay any interest not forfeited by the lender. Sums already received by the lender by way of interest, which accrue interest at the legal interest rate from the date of…

A lender who has not complied with the formalities prescribed in the last paragraph of article L. 312-92 and article L. 312-93 may not claim from the borrower the sums corresponding to the interest and costs of any kind applicable in respect of the overrun referred to in these articles.

In cases where the contract of sale or provision of services provided for in article L. 312-53, from the eighth day following the request for reimbursement of any sum paid in advance by the buyer, this sum shall automatically bear interest at the legal interest rate increased by half. .

In the case of an affected credit agreement mentioned in article L. 312-44, the prior undertaking to pay cash in the event of a loan refusal is automatically null and void.