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…
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…
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.
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…
Failure by the lender to comply with any of the obligations set out in articles L. 313-30 to L. 313-32 is punishable by an administrative fine of up to €3,000 for a natural person and €15,000 for a legal entity. This fine is imposed in accordance with the conditions set out in Chapter II of Title II of Book V.
A lender who has not complied with the obligation to inform the borrower in the event of a change in the borrowing rate referred to in article L. 313-46 may be deprived of the right to interest, in full or in the proportion set by the judge.
If the lender demands from the borrower or lessee or withholds from his account sums in excess of those he is authorised to demand or withhold pursuant to the provisions of articles L. 313-49, L. 313-52, L. 313-60 or L. 313-61 is punishable by a fine of 300,000 euros. Physical persons are also liable, as additional penalties, to prohibition, in accordance with the terms set out in the Article 131-27…
Where the lender is deprived of the right to interest under the conditions provided for in this section, the borrower is only required to repay the capital in accordance with the schedule provided for and, where applicable, to pay the interest for which the lender has not been deprived. Amounts received by way of interest, which bear interest at the legal rate from the date of payment, are repaid by…
Where a conventional loan is usurious, excessive collections under articles L. 314-1 to L. 314-9 are automatically deducted from the normal interest due at the time and, subsidiarily, from the principal of the claim. If the claim is extinguished in principal and interest, the sums unduly collected are refunded with statutory interest from the day they were paid.
In the event of failure to mention or incorrect mention of the overall effective rate provided for in article L. 314-5, the lender may be deprived of the right to interest in the proportion set by the judge, with particular regard to the harm caused to the borrower. When the lender is deprived of the right to interest under the conditions set out in the previous paragraph, the borrower is…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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