ABSTRACT

 

The essay examines the French law of security interests. Introduction outlines the general features of the hexagonal model, focusing on uncertain policies, scattered statutory interventions and the actual needs of the market actors. Then the author highlights the main issues that are to-day brought up by the needs of the more and more crowded lenders & borrowers' community. Thus the paper takes into consideration, first, the legal devices which enable the parties to attach and perfect the (different forms) of security interests, and, secondly, the issues related to the enforcement of the security agreements as well as to their efficiency. Finally, special attention is paid to the impact of bankruptcy law onto the security interests and to the (connected) reasons which back the trend of the practice to have more and more resort - in lieu of the traditional, code-based transactions - to the exploitation of transfer and reservation of title as the principal means to secure the creditor’s rights.