For example,
Consecration court cassation globalized protection:
Border borrowers. In addition, who necessarily receive income in CHF benefit, now from the same level of protection as other borrowers, as European law already advocated in application of Directive 93/13/EEC.
With these judgments of July 9, 2025 (civ. Meanwhile, 1st, July 9, 2025, appeal n ° 24-19.647, fs-b; civ. Therefore, 1st, July 9, 2025, appeal n ° 24-14.352. Nevertheless, FS-D), the first civil chamber of the Court of Cassation broken with its previous and criticized decision of March 1, 2023 and opens the action in nullity to nullity to nullity consumers who Perceived income in Swiss francs at the conclusion of the loan contract (civ. 1st, July 9, 2025, appeal n ° 24-19.647, fs-b; civ. 1st, July 9, 2025, appeal n ° 24-14.352, FS-D).
However. the debate has not evolved and is still at the level of the adequacy between consecration court cassation globalized protection the information distilled by the bank at the time of the conclusion of the contract and the exchange risk supported by the borrower throughout the execution of the contract and the financial consequences induced.
The Court of Cassation judges there that the exchange risk must be appreciated on the duration of the contract. taking into account the foreseeable development of the personal and professional situation of the borrower and not only at the time of the conclusion of the contract.
In no case do you receive income in Swiss francs (CHF) should be an obstacle to the examination of. this inadequacy.
Because this argument could have weight until then. certain jurisdictions validating the fact that the borrowers remunerated in Swiss francs and having subscribed to lubbled and repayable loans in the same currency did not run any financial risk and would even have benefited from a certain level of consecration court cassation globalized protection knowledge.
This assertion was in any event false and particularly unsuitable for cases where the borrower undoubtedly suffered significant financial damage.
The principle is made: border consumers subscribing to a loan in Swiss francs when they receive when it concluded income in Swiss francs are definitively exposed to a exchange risk. must therefore benefit from the same level of protection as other European consumers.
The burden of evidence weighs on the lender who must demonstrate that he has correctly fulfilled his duty of information. by providing a clear and understandable information on the risk of exchange and its consequences from the conclusion of the contract.
The financial institution which offers a loan labeled in foreign currencies. must provide the borrower with clear and understandable information to enable him to make his decision with caution and with full knowledge of the risks inherent in the subscription of such a loan.
It consecration court cassation globalized protection is the responsibility of this reason to transparently expose the concrete functioning of the proposed contractual mechanism. over its entire duration, in order to allow the borrower to measure, in particular, the impact on the reimbursements of a significant depreciation of the currency having legal lessons in the State where the funded property is located and/or in which the borrower is domiciled and would come to perceive his income during the contract.
Consecration court cassation globalized protection
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