Cable Television Disconnected

WARRANTIES OR SELF FIRST CLAIM


INDEPENDENT WARRANTIES OR GUARANTEES TO FIRST REQUEST



Definition: a conventional warranty strengthened. On being asked, the guarantor must pay immediately. This warranty does not have character accessories. Ensuring effective
was consecrated by the Ordinance of 23 March 2006 which gave birth to section 2321 of the Civil Code.

The characterization of security autonomous

To determine qualification, the basic criterion is the object of commitment. The guarantor will then undertake to pay a debt that is personal. But that commitment should not be to secure the debt of the principal debtor.

The validity
The guarantee is governed by contract law.

Article 2321 paragraph 1 states that: "The guarantee is independent obligation whereby the guarantor undertakes consideration of a bond underwritten by a third party to pay a sum is an initial request or under terms agreed.

4 conditions are required: *
Consent: integrity, express and free from defects
Paragraph 2 of Article 2321 Civil Code, "the guarantor is not required in cases of abuse or manifest fraud or collusion of the beneficiary of it with the principal" * The ability
and power, the guarantor must be capable as it commits its heritage. In addition, for power protection exists with section 1415 of the Civil Code for the couple having their property in common.
* Object: the guarantor's obligation is to pay the money previously set by the Security Agreement.
* Cause: There guarantor's liability when a contractual relationship between the beneficiary and the payer.

The formal requirements are needed only on a trial basis.

The rules of evidence apply the common law when the commitment is greater than 1500 €. The guarantee must be proven by independent writing.

The effectiveness of the safeguard autonomous

- The principle is an immediate obligation to pay
The guarantor has to pay when the conditions of the guarantee are met.

Examples:
1) the demand guarantee documentary states that the guarantor will pay upon presentation of documents proving the breach the basic contract.

2) the demand guarantee reasoned application, the guarantor must pay the beneficiary upon request. Warning! Sometimes the recipient can claim the warranty when the contract was properly executed.

- Appeals
The use of the guarantor may be, first against the principal where he will claim the refund of moneys paid with interest. It will be a personal remedy.
other hand, against the beneficiary when the money was improperly received.

The use of the payer can be done, first against the beneficiary in an action for recovery of overpayments when the guarantee was executed.
other hand, it can also take action against the guarantor if the call was abusive and that he could legally respond.

Exceptions to the immediate payment
- Exceptions under the contract of guarantee
When the contract expires, it is no longer possible to claim warranty. The recipient will ask the guarantor to extend its guarantee to require the payment of debt before the term of the contract.

- The powers jurisprudence
This hypotheses of fraud by the creditor
• The use or misuse of a legal rule to obtain rights that should not normally enjoy
• The guarantee is intended to anything other than originally planned
• Agreement between fraudulent creditor or beneficiary and payer