Banking Law

Banking law governs the complex relationships between banks, their clients (individuals or businesses) and guarantors. The office acts to challenge excessive interest, renegotiate debts and contest enforcement proceedings.

1. Bank liability & disputes

Banks have strict legal duties to inform, advise and warn. Their liability may be engaged in case of breach:

• Abusive support: Granting excessive credit that led to the company's failure.
• Abusive termination of credit: Unjustified suspension of credit lines or overdrafts without respecting the notice period.
• Unjustified fees & interest: Challenging incorrect effective interest rates or excessive bank charges.

2. Guarantees & security

• Challenging the validity of a guarantee commitment.
• Defending directors who are joint and several guarantors against claims by banks.
• Disputes relating to mortgages and independent guarantees.

3. Defense against enforcement

In case of default, the office acts to suspend real estate seizure proceedings, negotiate grace periods or debt rescheduling plans before the summary judge.