I'll just here provide an outline correction and synthesis of the practical case, that is to say that I will highlight that the overall charge of TD was waiting for us. In the case of most practical cases this will perhaps some who did not understand the calculation or reasoning to be more enlightened on the subject.
SYNTHESIS:
-define the bond-
highlight that the creditor normally has no obligations towards the bail
but that the law put his charging information requirements.
- structure = distinguish disclosure requirements before the formation of the contract, the day of the training and during the execution of the contract.
-list the different items (found elsewhere in different codes) and laws relating (art + laws) to these disclosure requirements; art L 313-22 Monetary and Financial Code, Act of 1972 and Neiertz 1979 and the 2003 law that seeks to unify all these rules, in particular.
In this review they should say so and most especially to the law, it is abstract and therefore it is not necessary to give the case except the most recent decisions that are important.
CASE STUDY:
It was by this case study to help us understand the mechanism of a bond in which the creditor more sureties for the same debt that is to say, co-surety.
Facts
society E. Karu, debtor has a loan of one million (contract Pricipals) with BGIJ Bank (creditor) that she even took a security contractor in a co-surety with 3 cautionnment (stéphane = 300000euros , melissa = 700000, gaetan = 1million)
liquidation of the company and therefore the bank gaetan call only for full payment of the debt which now stands to EUR 972536.58
On the issue of using
Use personal non subrogation since there is no safety but by the creditors against co-surety.
= valid payment terms, payment made as guarantor, paying with its own funds, payment in any of the DC section 2309 (see code Cicilie 2007 or 2008), the deposit must be paid more than his share and portion, el should not have abandoned his appeal explicitly, it must have paid the principal debt and no other debt that does not fall within the scope of the bond underwritten by other guarantors.
On the issue of money owed by each
CALCULATION =
-general coverage of the creditor that is to say, the total commitment of all bonds =
2 million-share calculation for each in this coverage: Gaetan
= 1M/2M = 1 / 2 * 100 = 50% = 486568.29
melissa 700000/2M = = 0.35 * 100 = 35% = 374387.80
Stéphane 300000/2M = = 0.15 = 145880.49
If Stéphane is insolvent
Its insolvency is borne by other guarantors
coverage without stéphane = 1700000
added after making a relevant comment demonstrated a lack of explanation: indeed, the commitment of being Stéphane 300000 if you subtract the initial coverage amount equivalent to its being the total commitment of one of Melissa + gaetano.
Gaetan = 59% = 572080.35
Melissa = 41% = 400456.23
That bin if you have any questions if you want details let me know! ;-)
0 comments:
Post a Comment