Risk transfer contract : essay of a new category

The French legislator has formally established a credit risk transfer contrat, but without actually defining it. Drawing on this, it is possible to substantially identify many risk transfer contracts, to distinguish them from neighbouring contracts, and assemble them despite their diversity in an autonomous category. Having set a definition of a risk transfer contract and having analysed its essential components, a legal status that governs the formation as well as the effects of such a contract emerges naturally. The existence of a risk transfer contract notion and as well as a corresponding legal status, makes it possible for the parties to conclude new contractual figures of risk transfer contract, in order to meet a growing need: the need to cover the pecuniary losses, resulting from the occurrence of an uncertain event.