Definition _ c.civ ART 2288: He who makes a surety bond is submitted to the creditor to meet this obligation if the debtor fails to fulfill them itself.
Formation_ The bond formed by the exchange of consent of the creditor and the surety. In this sense it is a contract.
ART 2292 c.civ: The bond is not presumed, it must be express and can not extend beyond the limits within which it was contracted.
It must have integrity and must not have been entered by mistake, fraud or under compulsion of violence.
are able to subscribe to emancipated minors, incapable adults under guardianship or under judicial protection and legal persons provided for companies that the bond be according to the object.
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.
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