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THE REFORM 2.0 TO THE LAW OF SECURITIES IN FRANCE. OVERVIEW OF THE MAIN INNOVATIONS AND BRIEF REFERENCES TO THE PREVIOUS POSITIVE LAW
The purpose of this paper is to present the content of the recent and important reform to the French Law of Securities, as well as a brief overview of the previous law. The objective of the reform, carried out by means of Ordinance No. 2021-1192 of September 15, 2021, is none other than to complete and finalize that of the year 2006. For this, the legislator focuses on the modernization and simplification of a large part of the guarantees, thus contributing to the promotion of legal certainty, which is so essential in this matter. Indeed, being a fundamental pillar of the contemporary economy, credit rests largely on the idea of trust that the creditor deposits in terms of the chances of obtaining reimbursement. This objective is achieved, essentially, through the implementation of guarantees. At the end of this panorama, we will be able to judge whether or not the modifications introduced to the French legal system are capable of responding to the objectives of modernization, legal certainty and others that the authors of the reform have proposed.
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The right of refund in the extrajudicial phase within the framework of the legal guarantee
This article analyzes how the right of reimbursement operates in the extrajudicial phase, in the case of non-conformity of the goods in the consumer sales. Through an endemic study carried out by an interview-questionnaire in some stores in Santiago, the reluctance to grant it to the requirement of this right by the buyer is verified, making other mechanisms prevail instead more convenient for the seller.