Fbf Master Agreement For Repurchase Transactions

7 of the cases that will be considered on a case-by-case basis by the preliminary authorities; these circumstances are the circumstances that underpin the common intention of the parties. 21. To the extent that the interpretation must be considered on a case-by-case basis, there is in principle no recourse against the French Court of Cassation. The French Court of Cassation stipulates that the lower courts have the regal power to interpret the provisions of French law. 22. However, if a clause is “clear and specific” (i.e., it is not possible to give any other meaning to that clause and there is no ambiguity about it on the surface of the document), the judges cannot give any other interpretation to that clause in order to meet the common intention of the parties. The French Court of Cassation is of the opinion that if a preliminary proceeding has a different interpretation of a clear and precise clause, that it is a violation of the binding effect of the treaty and that the French Court of Cassation can then use its power of censure to overturn such a judgment (censorship of distortion) What are the forms of transmission of a contract or a right in French law? 23. Apart from specific situations that are not relevant to current purposes, there are five types of transfer of a claim under French law 6: (i) (ii) the assignment of claims under Articles 1689 and Seq. French civil code; the assignment of debt under Article L of the French Monetary and Financial Code, which applies when claims relate to financial liabilities; (iii) the assignment of receivables (assignment of Dailly) by articles L and Seq. the French monetary and financial code, a mechanism by which only a credit institution can withdraw; (iv) the transfer of receivables on vehicles securitized under Articles L , IV of the French Monetary and Financial Code; and v) the assignment, governed by Articles 1249 and 124. of the French civil code under which the rights of creditors are transferred up to the amount thus paid to the person who paid the creditors` claims.

24. The main difference between the assignment of receivables in light of Articles 1689 and Seq. of the French civil code and the transfer of debt under Article L of the French Code of Currency and Financial Law refers to the refinement of the transfer: in the first case, a notification of the transfer by a judicial officer to the assignee is required; in the second case, it is enough to inform the debtor in one way or another. In this report, I am only ashamed to obtain orders under French law. If the transfer contract is subject to English law, English law would determine the characterization and effect of the assignment. Article L , first sentence: “The assignment of firming creances to the bonds mentioned in Varticle Larticle is against third parties because of the notification of the transfer to the debiteur.”