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Notary office in Saint-Jean-Cap-Ferrat - FRANCE

Alain-Xavier BRIATTE, Partner Notary


February 2021

The essential aspects of the mortgage loan agreement subject to the French Consumer Code

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This memo is intended to assist the bank in identifying the essential points of the mortgage loan agreement, subject to the French Consumer Code. It is not intended to be exhaustive, so that it remains legible.

I)   Introduction: the process of formation of the mortgage loan

The mortgage loan agreement is subject, under the Consumer Code, to a rigorous formation process which is intended partly to ensure complete information of the potential borrower and partly to prevent borrowers from making an unconsidered commitment.

As such, this process is split into several stages:

  • Firstly, the borrower must receive, “at the latest at the time of issue of the offer” , a European Standardised Information Sheet (ESIS) the purpose of which is to enable the borrower to “compare the various loan offers available on the market, assess their implications and make an informed decision about the opportunity of entering into a loan agreement” (see infra II).


[1] Cons. C., art. L. 313-7, para. 1.
[1] Ibid.
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