In this regard, the legislation has been amended in the context of the conciliation procedure, in particular to provide, at the request of the debtor, several mechanisms closer to the mechanisms induced by the initiation of an insolvency procedure (for example. (b) the possibility of requesting a ban on initiating legal proceedings that boil down to the debtor`s conviction to pay a sum of money or the termination of a non-payment contract of a sum of money. , the granting of deferred payments or payments, etc.). On the contrary, some “interest-free” loans are not subject to interest. Allowed with requirements, they are available only for low wages and there is a limit for the amount borrowed. Article 1892 of the French Civil Code defines loan contracts. This section has always been interpreted as requiring the removal of the purpose of the contract as a condition of its existence and validity. Like deposit contracts, loan contracts are therefore considered agreements on things (in progress). Therefore, the transfer of funds by the lender to the borrower is not a contractual obligation.
Until funds are transferred, a bank`s formal obligation to lend money to one of its clients is only a promise to enter into a loan agreement. If the bank is late in transferring money, it cannot be held responsible because there is no credit contract. The borrower is only entitled, under certain conditions, to damages. Subject to certain provisions: Article 5 of this decree (stopped) states that the total amount of loans covered by the Covid-19 state guarantee for each company is limited to either (1) its total wage bill estimated for the next two years (or, if more favorable, 25% of its turnover for 2019 (or the last year available) if the company was created on January 1, 2019. , or (2) 25% of its turnover for 2019 (or the last year available) if the company was created before that date, with a few exceptions for start-ups or innovative companies and for other companies active in other sectors (restaurants, housing, cinema, etc.). There are several types of loans granted by French banks: repayable loans, outstanding loans, bridge loans, home loans, loan contracts, PTZ, ELPs… In exchange, the bank can ask you for bank guarantees. When an offer of credit is made, it is important to pay full attention to it. It is indeed a synthesis of your financing needs, with all the conditions that govern the loan. This mandatory document will confirm your commitment.