Article 2305
The benefit of discussion allows the guarantor to oblige the creditor to sue the principal debtor first. Neither a guarantor held jointly and severally with the debtor, nor a guarantor who has waived…
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Showing 3941–3950 of 44299 articles for “Art. CE 25-2-2004 n° 250328”
The benefit of discussion allows the guarantor to oblige the creditor to sue the principal debtor first. Neither a guarantor held jointly and severally with the debtor, nor a guarantor who has waived…
If there is more than one guarantor, the one who paid has a personal claim and a subrogatory claim against the others, each for its share.
A guarantor of the balance of a current or deposit account may no longer be sued five years after the end of the guarantee.
A pledge of another person's thing may be annulled at the request of the creditor who was unaware that the thing did not belong to the grantor.
…ed debt is not paid, the creditor may pursue the sale of the pledged asset. This sale shall take place in accordance with the procedures set out in the Code of Civil Enforcement Procedures, without th…
…conventional or judicial. Judicial pledging is governed by the provisions applicable to civil enforcement proceedings. Conventional pledging which relates to claims is governed, in the absence of spe…
Where the pledge relates to an account, the pledged claim means the credit balance, whether provisional or definitive, on the day the security is realised subject to the regularisation of transactions…
A pledge of a claim, present or future, takes effect between the parties and becomes enforceable against third parties on the date of the deed. In the event of a dispute, proof of the date lies with t…
A pledge on immovable property is the assignment of an immovable as security for an obligation with dispossession of the person making it.
…them of deeds, court rulings, slips and, generally, documents deposited with a view to the performance of a registration formality.They will only be able to perform the formalities on the date and in…
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