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Towards the Obligation of Warning Imposed on Banks: A Reading of French Judicial Decisions

By Bouzidi Iliyes

Law and World · Vol. 11, No. 34, pp. 29-37 · 2025

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Abstract

The financial crisis and its consequences on households have led the judge to strengthen borrower protections in terms of granting credit. Whether these are granted to professionals or to non-professionals, this is how the concept of uninformed borrower and the duty to warn gradually emerged.

The result of hesitant jurisprudential developments, the duty to warn is not applied in the same way depending on the status of the borrower. Therefore, it must be about the legal frameworks.

If it appears that the bank’s warning commitment comes into conflict with the bank’s principle of non-interference in the client’s affairs, then in reality its intervention in this obligation is primarily through the elaboration a plan and technical support in the form of warnings, which consists of exercising caution in accordance with what is contained in banking practices.

It imposed new obligations on the banker in granting credit, since he was successively subject to the obligation to inform, then to the obligation to advise to guide the borrower, and finally to the obligation to warn, thus giving the bank an active role. Based on this information, the following question arises: What are the legal controls to comply with the warning, the violation of which entails the bank’s liability?

Details

Publication type
Journal article
Author
  • Bouzidi Iliyes - Doctor of Law, Professor of Law and Political Science, University Centre of Maghnia, Algeria
Journal
Law and World
Publication
June 30, 2025
Volume
11
Issue
34
Pages
29-37
Language
English
DOI
10.36475/11.2.3
ISSN
2346-7916
Institutions
University Centre of Maghnia
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Private Law

Keywords

Bank duty to warn uninformed borrower customer case law risks

Cite this record

Iliyes, B. (2025). Towards the Obligation of Warning Imposed on Banks: A Reading of French Judicial Decisions. Law and World, 11(34), 29-37. https://doi.org/10.36475/11.2.3
Iliyes, Bouzidi. "Towards the Obligation of Warning Imposed on Banks: A Reading of French Judicial Decisions." Law and World 11, no. 34 (2025): 29-37. https://doi.org/10.36475/11.2.3.
@article{iliyes2025_fd75tr,
  title     = {Towards the Obligation of Warning Imposed on Banks: A Reading of French Judicial Decisions},
  author    = {Iliyes, Bouzidi},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {34},
  pages     = {29--37},
  doi       = {10.36475/11.2.3},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/783},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Iliyes, Bouzidi
TI  - Towards the Obligation of Warning Imposed on Banks: A Reading of French Judicial Decisions
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 34
SN  - 2346-7916
DO  - 10.36475/11.2.3
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/783
AB  - The financial crisis and its consequences on households have led the judge to strengthen borrower protections in terms of granting credit. Whether these are granted to professionals or to non-professionals, this is how the concept of uninformed borrower and the duty to warn gradually emerged. The result of hesitant jurisprudential developments, the duty to warn is not applied in the same way depending on the status of the borrower. Therefore, it must be about the legal frameworks. If it appears that the bank’s warning commitment comes into conflict with the bank’s principle of non-interference in the client’s affairs, then in reality its intervention in this obligation is primarily through the elaboration a plan and technical support in the form of warnings, which consists of exercising caution in accordance with what is contained in banking practices. It imposed new obligations on the banker in granting credit, since he was successively subject to the obligation to inform, then to the obligation to advise to guide the borrower, and finally to the obligation to warn, thus giving the bank an active role. Based on this information, the following question arises: What are the legal controls to comply with the warning, the violation of which entails the bank’s liability?
KW  - Bank
KW  - duty to warn
KW  - uninformed borrower
KW  - customer
KW  - case law
KW  - risks
KW  - ბანკი
KW  - გაფრთხილების ვალდებულება
KW  - არაინფორმირებული მსესხებელი
KW  - კლიენტი
KW  - სასამართლო პრაქტიკა
KW  - რისკები
SP  - 29
EP  - 37
ER  -
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