Derogatory financial collateral arrangements in the financial and monetary code
type: Dataset
description: France has introduced in the Financial and Monetary Code various types of financial collateral arrangements without organising nor recognising such category. Acting on a case by case basis, the legislator has provided pragmatic tools which offer to the security taker a better flexibility together with an improved security through timely and bankruptcy-remote enforcement. The derogatory regimes appear to be the focal point that characterizes all financial collateral arrangements. The intention of this work is to put forward a unified approach which trades the various types of arrangements in the current heterogeneous set up, often overlapping in their scope of application, for a unique multi-fold financial collateral agreement. In doing so, we assess how such a unified approach, close to the method of the EU Collateral directive can, not only be compatible with our legal concepts, but even offer better clarity to the collateral arrangements, and a strengthened legal certainty.
identifier: NNT: 2012STRAA032
issued: 2026-05-05T15:48:14.265915
language: fr
modified: 2026-05-05T15:48:14.265919
contact point: Organization
  fn: CCSD
keyword: code-monetaire-et-financier
keyword: collateral
keyword: directive-200247ce
keyword: financial-and-monetary-code
keyword: financial-collateral-arrangements
keyword: financial-guarantees
keyword: garanties-financieres
keyword: garanties-reelles
keyword: infoeu-reposemanticsdoctoralthesis
keyword: shsdroithumanities-and-social-scienceslaw
keyword: suretes-financieres
keyword: suretes-reelles
keyword: theses
landing page: https://theses.hal.science/tel-00975919

Derogatory financial collateral arrangements in the financial and monetary code
type: Distribution
format: HTML
issued: 2026-05-05T15:48:14.272003
modified: 2026-05-05T15:48:14.252792
access URL: https://theses.hal.science/tel-00975919

test_moissonnage_selune
type: Agent