frenCabinet DRAÏ, avocat aux barreaux de Paris, New York et Lyon. Avocat à la Cour Suprême des Etats-Unis
Lun - Vend 09:00-12:00 & 14:00-18:00
frenCabinet DRAÏ, avocat aux barreaux de Paris, New York et Lyon. Avocat à la Cour Suprême des Etats-Unis
Lun - Vend 09:00-12:00 & 14:00-18:00

Banking law

You are encountering difficulties with your bank ? Your lawyer in banking law assists you to defend your interests in your conflicts related to the validity and to the managing of banking operations.

What is banking law ?

Banking law defines the legal frame which rules financial activities of banks and credit institutions. It is a complex law, which evolves regularly. In France it is based on the following Codes :

  • The Consumer Code, which contains provisions regarding credit and surety
  • The Monetary and Financial Code which rules financial and banking activities
  • The Civil Code
  • The Commercial Code which rules commercial activities

Examples of litigation with credit institutions

Litigations involving banking law are mainly about :

  • Credit : it is ruled by credit law which contains the entirety of rules applicable to banking institutions and their credit operations.
  • Banking account : litigations are most often related to debits which appear on your account : commissions and banking fees, unknown withdrawal and spending, etc. They can also appear through problems regarding your means of payment (check, banking card).
  • Indebtedness : the bank is subject to certain obligations when faced with an over-indebted client. The bank must inform the client in writing of the consequences of over-indebtedness on the functioning of their account, offer him an appointment to discuss it, maintain a specific banking service with a reduced cost and look for adapted solutions to the client’s situation.
  • Surety bound : banking surety are creating many conflicts, whether it is a simple guarantee, a joint surety or a deceased caution engaging heirs’ liability.
  • Trans-border banking conflicts : the development of purchases online with banking services has initiated a multiplication of trans-border litigations with financial institutions.

The importance of the assistance of a lawyer expert in banking law

Within the frame of relations with credit institutions, it is primordial to know well the legal environment and regulations of banking activities. It is often difficult for an individual to act alone against his bank.

Our firm has a large competence in the field of banking law, and can assist you in your proceedings :

  • Counseling service in the field of banking law
  • Negotiation with financial institutions
  • Drafting of legal documents

In case of a litigation with a banking institution, we can help you find a solution to your conflict :

  • Analysis of the file
  • Advice on the strategy to follow
  • Potential summoning of the bank to the court
  • Representation during court hearings
  • Assistance in your proceedings

Contact Draï law firm

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