Conditions_ 1 - The deposit must be creditworthy, a creditor shall not underwrite excessive bail, the commitment of the bond must be related to its assets and income, the creditor must inform to subject. THE ART v. 341-4 drink: a professional creditor can not claim a contract of guarantee entered into, by an individual whose appointment was at its conclusion manifestly disproportionate to his income and assets ... 2 - There are some conditions which form that outlined by the THE ART 341-2 c.conso about the handwriting in the contract binding. 3 - the existing bond must be proven, c.civ ART 1315: Whoever claims the performance of an obligation must prove it. This evidence must be written. 4 - the extent of the bond must be proved, c.civ ART 2293: undefined The bond of a principal obligation extends to all the accessories of the debt, even at the expense of the first application and any subsequent to the termination which is given to the surety, the handwritten the extent of the commitment is from the 2003 ACT recquise pain of nullity for individual bonds.
Effets_ c.civ ART 2288: the guarantor undertakes to pay the creditor in case of default by the principal debtor. The creditor may sue the guarantor, that may then have to bail recours.L may be prosecuted only if the principal debtor's debt is due, the amount of the bond debt will deprive the individual of the minimum resources, <
Before continuing the surety, the creditor must give notice of the payment from the debtor's default principal if the bond fails to pay the creditor may initiate Prosecute, the deposit can however ask the judge for a grace period (1244-1 ART c.civ )
c.civ ART 2203: A surety who has paid a claim against the principal debtor, the actin in reimbursement covers the full amount paid by the guarantor to the creditor. It may also seek damages.
In all scenarios, this exercise assumes that the aspect of comparative commentary is present throughout the developments and that, upon introduction. It is, in any case, a separate part in the study of each decision but to take all the common issues on which the two decisions are confirmed, oppose or complètent.Ainsi, the sentence introduction should indicate the common area which involves both decisions.
should not a summary of all the facts of the arrest. It is recommended that sheets off synthesize each stop. Do not be afraid that your introduction is too long, it's the method!
PS: if the items you seems insufficient, you can add other points in your comments!
Safety is an essential element in the negotiation of a transaction crédit.Le security law responds to economic concerns, it is for the creditor to protect against the risk of insolvency of the debtor.
Collateral is the essential means to ensure the security sought by the creditor and thus allow credit transactions. The credit will be made possible by the granting of security to the creditor. Those guarantees include collateral.
The guarantor perhaps a third person, in the case of bond .
The guarantor may be the debtor himself when he offers to guarantee performance or payment of a sum of money, goods from his heritage. This is the case mortgage or pledge .
Other legal institutions can have this guarantee. It is the case with the exception of default or breach resolution.
1. improve the readability of security law by combining all of the material in one book of the Civil Code.
2. simplify the creation of security rights by devoting particular, the pledge without dispossession that allows a debtor to retain use of the thing he puts in pledge
3. make possible the pledge by a company of its stock without delivery to enable it to obtain cash to invest while keeping the use of his stocks
4. facilitate the enforcement of security by putting an end to the ban pact commissory. The parties may agree and, once the pledge furniture, the property will become property of the creditor in case of default
change the rules applicable to the pledge of a motor vehicle by submitting to a single scheme listed in Civil Code
5. modernize the law of the mortgage by reducing costs and simplifying its release and purge
6. devote mortgage equity that allows a debtor who has a mortgage, do not constitute a guarantee for new loans in the successive maximum amount anticipated when the original mortgage
create the reverse mortgage that allows an owner of a property to obtain money through a loan secured on your property repayable on death or when the borrower sells the property.
